Policy and Procedural Guidance for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 408, 5075-5076 [2018-02207]

Download as PDF Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices Dated: January 31, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2018–02213 Filed 2–2–18; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Policy and Procedural Guidance for Processing Requests To Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 408 AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Notice. The U.S. Army Corps of Engineers (USACE) is proposing to issue an Engineer Circular (EC), which is an agency policy document that will provide the policies and procedures related to how USACE will process certain requests by others to alter a USACE civil works project pursuant to Section 14 of the Rivers and Harbors Act of 1899, as amended (more commonly referred to as Section 408). This notice announces the availability of the draft EC for comment. The comment period on the draft document starts with the publication of this notice in the Federal Register and will last for 30 days. The draft EC is available for review on the USACE Section 408 website (https:// www.usace.army.mil/Missions/CivilWorks/Section408/) and at https:// www.regulations.gov reference docket number COE–2018–0003. DATES: Comments must be submitted on or before March 7, 2018. ADDRESSES: You may submit comments identified by docket number COE– 2018–0003 by any of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Email: HQ-Section408@ usace.army.mil and include the docket number COE–2018–0003 or ‘‘EC 1165– 2–220 Comments’’ in the subject line of the message. Mail: Headquarters, U.S. Army Corps of Engineers, ATTN: CECW–CE/3E62, 441 G Street NW, Washington, DC 20314–1000. Hand Delivery/Courier: Due to security requirements, we cannot receive comments by hand delivery or courier. Instructions: If submitting comments through the Federal eRulemaking Portal, direct your comments to docket number sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:08 Feb 02, 2018 Jkt 244001 COE–2018–0003. All comments received will be included in the public docket without change and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the commenter indicates that the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through regulations.gov or email. The regulations.gov website is an anonymous access system, which means we will not know your identity or contact information unless you provide it in the body of your comment. If you send an email directly to USACE without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, we recommend that you include your name and other contact information in the body of your comment. If we cannot read your comment because of technical difficulties and cannot contact you for clarification, we may not be able to consider your comment. Electronic comments should avoid the use of any special characters, any form of encryption, and be free of any defects or viruses. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov. All documents in the docket are listed. Although listed in the index, some information is not publicly available, such as CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. FOR FURTHER INFORMATION CONTACT: Ms. Tammy Conforti at 202–761–4649, email HQ-Section408@usace.army.mil, or visit https://www.usace.army.mil/ Missions/Civil-Works/Section408/. SUPPLEMENTARY INFORMATION: Section 14 of the Rivers and Harbors Act of 1899, as amended, and codified in 33 U.S.C. 408 (Section 408) provides that the Secretary of the Army may, upon the recommendation of the Chief of Engineers, grant permission to other entities for the permanent or temporary alteration or use of any USACE Civil Works project. This requires a determination by the Secretary that the requested alteration will not be PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 5075 injurious to the public interest and will not impair the usefulness of the USACE project. USACE is proposing to issue Engineer Circular (EC) 1165–2–220, Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, to update processes related to how USACE will review certain requests by others to alter a USACE civil works project. For example, other entities may want to alter a Civil Works project to increase recreational opportunities; improve flood risk management; or construct a road, transmission line, or pipeline across a Civil Works project. The purpose of the Section 408 review is to ensure that the Congressionallyauthorized purpose and benefits of a Civil Works project are protected and maintained (e.g., flood risk management, navigation, coastal storm damage reduction) and to ensure what is being proposed is not injurious to the public interest. An effective and efficient review of proposed alterations to Civil Works projects protects tax payer investments in water resources infrastructure, while ensuring compatibility with new infrastructure, improvements, and other public or private interests. The first comprehensive policy and procedures for evaluation of alterations under Section 408 was issued as EC 1165–2–216 on July 31, 2014. Based on lessons learned from implementing EC 1165–2–216, USACE began the process to revise and update its Section 408 process to clarify applicability, roles and responsibilities, and the basic requirements. From November 2016 through January 2018, USACE issued multiple interim guidance to improve the efficiency and effectiveness of the Section 408 review process while continuing to work on a full policy revision. USACE has now completed a draft of a new policy document (EC 1165–2– 220) to replace EC 1165–2–216. EC 1165–2–220 would expire two years from issuance, which will provide USACE time consider implementation experience to identify any necessary clarifications or changes. After two years, EC 1165–2–220 will either be revised, rescinded, or converted to an Engineer Regulation, which does not expire. EC 1165–2–220 is intended to consolidate the interim guidance issued since 2016 and update procedures to facilitate a scalable approach to reviewing Section 408 requests in a timely manner while maintaining a national consistent approach to E:\FR\FM\05FEN1.SGM 05FEN1 5076 Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices decision-making. EC 1165–2–220 includes proposed revisions that clarify the geographical limits for when the procedures set forth in the EC for processing a Section 408 permission apply; eliminates duplication of effort when the intent of Section 408 can be satisfied by another existing USACE review process; addresses emergency alterations; and, provides additional detail on categorical permissions and an option for conducting a multi-phased review. The EC also provides greater clarity on requirements for environmental compliance; implements timelines for USACE reviews and notifications; and, provides additional delegation of decision-making authority. EC 1165–2–220 has also been developed in accordance with requirements in Section 1007 of the Water Resources Reform and Development Act (WRRDA) of 2014 (Pub. L. 113–121) and Section 1156 of the Water Resources Development Act (WRDA) of 2016 (Title I of Pub. L. 114– 322). USACE now invites all interested parties to review and provide comment on the draft of EC 1165–2–220 prior to final publication. Following the comment period, USACE will consider all comments received, make revisions as needed, and publish the final EC 1165–2–220 as soon as possible. When the final EC is published, a notice will be placed in the Federal Register. The final EC will be available on USACE publications website (https:// www.publications.usace.army.mil/). Dated: January 31, 2018. James C. Dalton, Director of Civil Works. [FR Doc. 2018–02207 Filed 2–2–18; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF EDUCATION [Docket No.: ED–2018–ICCD–0007] Agency Information Collection Activities; Comment Request; Teacher Education Assistance for College and Higher Education Grant Program (TEACH Grant Program) Agreement To Serve Federal Student Aid (FSA), Department of Education (ED). ACTION: Notice. sradovich on DSK3GMQ082PROD with NOTICES AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of an existing information collection. DATES: Interested persons are invited to submit comments on or before April 6, 2018. SUMMARY: VerDate Sep<11>2014 18:08 Feb 02, 2018 Jkt 244001 To access and review all the documents related to the information collection listed in this notice, please use https://www.regulations.gov by searching the Docket ID number ED– 2018–ICCD–0007. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at https:// www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW, LBJ, Room 216–34, Washington, DC 20202–4537. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Jon Utz, 202– 377–4040. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Teacher Education Assistance for College and Higher Education Grant Program (TEACH Grant Program) Agreement to Serve. OMB Control Number: 1845–0083. ADDRESSES: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Type of Review: A revision of an existing information collection. Respondents/Affected Public: Individuals or Households. Total Estimated Number of Annual Responses: 50,793. Total Estimated Number of Annual Burden Hours: 25,397. Abstract: As a condition for receiving a TEACH Grant, a student must sign an Agreement to Serve. A new Agreement to Serve must be signed for each award year during which a student wishes to receive a TEACH Grant. By signing the Agreement to Serve, a TEACH Grant recipient agrees to meet the teaching service obligation and other terms and conditions of the TEACH Grant Program that are described in the Agreement to Service. In accordance with these terms and conditions, if a TEACH Grant recipient does not fulfill the required teaching service obligation or otherwise fails to meet the requirements of the TEACH Grant Program, any TEACH Grant funds the individual received will be converted to a Direct Unsubsidized Loan that the grant recipient must repay in full, with interest. The Agreement to Serve also explains the repayment terms and conditions that will apply if a TEACH Grant is converted to a Direct Unsubsidized Loan. Dated: January 31, 2018. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management. [FR Doc. 2018–02232 Filed 2–2–18; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Applications for New Awards; Native American Career and Technical Education Program Office of Career, Technical, and Adult Education, Department of Education. ACTION: Notice. AGENCY: The Department of Education (Department) is issuing a notice inviting applications for new awards for fiscal year (FY) 2018 for the Native American Career and Technical Education Program (NACTEP), Catalog of Federal Domestic Assistance (CFDA) number 84.101A. SUMMARY: DATES: Applications Available: February 5, 2018. Deadline for Transmittal of Applications: March 19, 2018. FOR FURTHER INFORMATION CONTACT: Gwen Washington, U.S. Department of E:\FR\FM\05FEN1.SGM 05FEN1

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[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Notices]
[Pages 5075-5076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02207]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Policy and Procedural Guidance for Processing Requests To Alter 
U.S. Army Corps of Engineers Civil Works Projects Pursuant to Section 
408

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers (USACE) is proposing to issue 
an Engineer Circular (EC), which is an agency policy document that will 
provide the policies and procedures related to how USACE will process 
certain requests by others to alter a USACE civil works project 
pursuant to Section 14 of the Rivers and Harbors Act of 1899, as 
amended (more commonly referred to as Section 408). This notice 
announces the availability of the draft EC for comment. The comment 
period on the draft document starts with the publication of this notice 
in the Federal Register and will last for 30 days. The draft EC is 
available for review on the USACE Section 408 website (https://www.usace.army.mil/Missions/Civil-Works/Section408/) and at https://www.regulations.gov reference docket number COE-2018-0003.

DATES: Comments must be submitted on or before March 7, 2018.

ADDRESSES: You may submit comments identified by docket number COE-
2018-0003 by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected] and include the docket number 
COE-2018-0003 or ``EC 1165-2-220 Comments'' in the subject line of the 
message.
    Mail: Headquarters, U.S. Army Corps of Engineers, ATTN: CECW-CE/
3E62, 441 G Street NW, Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: If submitting comments through the Federal 
eRulemaking Portal, direct your comments to docket number COE-2018-
0003. All comments received will be included in the public docket 
without change and may be made available on-line at https://www.regulations.gov, including any personal information provided, 
unless the commenter indicates that the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI, or otherwise protected, 
through regulations.gov or email. The regulations.gov website is an 
anonymous access system, which means we will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email directly to USACE without going through 
regulations.gov, your email address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the internet. If you submit an electronic comment, we 
recommend that you include your name and other contact information in 
the body of your comment. If we cannot read your comment because of 
technical difficulties and cannot contact you for clarification, we may 
not be able to consider your comment. Electronic comments should avoid 
the use of any special characters, any form of encryption, and be free 
of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Ms. Tammy Conforti at 202-761-4649, 
email [email protected], or visit https://www.usace.army.mil/Missions/Civil-Works/Section408/.

SUPPLEMENTARY INFORMATION: Section 14 of the Rivers and Harbors Act of 
1899, as amended, and codified in 33 U.S.C. 408 (Section 408) provides 
that the Secretary of the Army may, upon the recommendation of the 
Chief of Engineers, grant permission to other entities for the 
permanent or temporary alteration or use of any USACE Civil Works 
project. This requires a determination by the Secretary that the 
requested alteration will not be injurious to the public interest and 
will not impair the usefulness of the USACE project.
    USACE is proposing to issue Engineer Circular (EC) 1165-2-220, 
Policy and Procedural Guidance for Processing Requests to Alter U.S. 
Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, 
to update processes related to how USACE will review certain requests 
by others to alter a USACE civil works project. For example, other 
entities may want to alter a Civil Works project to increase 
recreational opportunities; improve flood risk management; or construct 
a road, transmission line, or pipeline across a Civil Works project. 
The purpose of the Section 408 review is to ensure that the 
Congressionally-authorized purpose and benefits of a Civil Works 
project are protected and maintained (e.g., flood risk management, 
navigation, coastal storm damage reduction) and to ensure what is being 
proposed is not injurious to the public interest. An effective and 
efficient review of proposed alterations to Civil Works projects 
protects tax payer investments in water resources infrastructure, while 
ensuring compatibility with new infrastructure, improvements, and other 
public or private interests.
    The first comprehensive policy and procedures for evaluation of 
alterations under Section 408 was issued as EC 1165-2-216 on July 31, 
2014. Based on lessons learned from implementing EC 1165-2-216, USACE 
began the process to revise and update its Section 408 process to 
clarify applicability, roles and responsibilities, and the basic 
requirements. From November 2016 through January 2018, USACE issued 
multiple interim guidance to improve the efficiency and effectiveness 
of the Section 408 review process while continuing to work on a full 
policy revision.
    USACE has now completed a draft of a new policy document (EC 1165-
2-220) to replace EC 1165-2-216. EC 1165-2-220 would expire two years 
from issuance, which will provide USACE time consider implementation 
experience to identify any necessary clarifications or changes. After 
two years, EC 1165-2-220 will either be revised, rescinded, or 
converted to an Engineer Regulation, which does not expire.
    EC 1165-2-220 is intended to consolidate the interim guidance 
issued since 2016 and update procedures to facilitate a scalable 
approach to reviewing Section 408 requests in a timely manner while 
maintaining a national consistent approach to

[[Page 5076]]

decision-making. EC 1165-2-220 includes proposed revisions that clarify 
the geographical limits for when the procedures set forth in the EC for 
processing a Section 408 permission apply; eliminates duplication of 
effort when the intent of Section 408 can be satisfied by another 
existing USACE review process; addresses emergency alterations; and, 
provides additional detail on categorical permissions and an option for 
conducting a multi-phased review. The EC also provides greater clarity 
on requirements for environmental compliance; implements timelines for 
USACE reviews and notifications; and, provides additional delegation of 
decision-making authority.
    EC 1165-2-220 has also been developed in accordance with 
requirements in Section 1007 of the Water Resources Reform and 
Development Act (WRRDA) of 2014 (Pub. L. 113-121) and Section 1156 of 
the Water Resources Development Act (WRDA) of 2016 (Title I of Pub. L. 
114-322). USACE now invites all interested parties to review and 
provide comment on the draft of EC 1165-2-220 prior to final 
publication.
    Following the comment period, USACE will consider all comments 
received, make revisions as needed, and publish the final EC 1165-2-220 
as soon as possible. When the final EC is published, a notice will be 
placed in the Federal Register. The final EC will be available on USACE 
publications website (https://www.publications.usace.army.mil/).

    Dated: January 31, 2018.
James C. Dalton,
Director of Civil Works.
[FR Doc. 2018-02207 Filed 2-2-18; 8:45 am]
 BILLING CODE 3720-58-P
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