Water Resources Development Act 2020, Section 165 Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities Draft Environmental Assessment, Notice of Availability for Comment, 16594-16596 [2023-05551]
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16594
Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices
Drive, Suite 03F09–09, Alexandria, VA
22350–3100, Angela Duncan, 571–372–
7574.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Utilization of the Novel ECC
Eagle External Condom Catheter
System; OMB Control Number 0720–
EECC.
Needs and Uses: There are numerous
methods to manage urinary
incontinence, from pads/diapers to
condom catheters to invasive urethral
foley catheters. Pads or diapers can lead
to skin irritation due to their occlusive
barriers which can leave skin moist and
lead to breakdown. Current condom
catheters can be difficult to size and
cause skin breakdown and infections.
They can also fall off in patients with a
large suprapubic fat pad and a shorter
penis. Foley catheters can be
uncomfortable and can lead to urinary
tract infections. Thus, there is a need for
a better way to manage urinary
incontinence in men. The ECC Eagle is
a novel design for a condom catheter
that is intended to be more comfortable
and secure than current models. We
need to ask patients questions on their
experience with the ECC Eagle, the
degree of urinary symptoms they
experience and the impact this has on
their lives. This information is vital to
the development of this product.
Affected Public: Individuals and
households.
ECC Eagle Patient Satisfaction
Questionnaire
Annual Burden Hours: 0.8.
Number of Respondents: 10.
Responses per Respondent: 1.
Annual Responses: 10.
Average Burden per Response: 5
minutes.
Annual Burden Hours: 3.3.
Number of Respondents: 10.
Responses per Respondent: 2.
Annual Responses: 20.
Average Burden per Response: 10
minutes.
lotter on DSK11XQN23PROD with NOTICES1
PROMIS General Life Satisfaction
Questionnaire
Annual Burden Hours: 1.7.
Number of Respondents: 10.
Responses per Respondent: 2.
Annual Responses: 20.
Average Burden per Response: 5
minutes.
The respondents will be adult men
with stress urinary incontinence. They
will be responding to this information
collection because this is required if
they want to trial the novel ECC Eagle
17:19 Mar 17, 2023
Jkt 259001
Dated: March 15, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2023–05643 Filed 3–17–23; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
[Docket ID COE–2023–0003]
ZRIN 0710–ZA18
Water Resources Development Act
2020, Section 165 Pilot Program for
Continuing Authority Projects in Small
or Disadvantaged Communities Draft
Environmental Assessment, Notice of
Availability for Comment
Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of availability for public
comment.
AGENCY:
The Department of the Army
is publishing this notice to solicit
comment on an environmental
assessment of implementation of
Section 165 of the Water Resources
Development Act of 2020 which directs
the Secretary of the Army to establish
and implement a pilot program carrying
out continuing authority projects in
small or disadvantaged communities.
DATES: Comments must be received by
April 19, 2023.
ADDRESSES: You may submit comments,
identified by docket number COE–
2023–0003, using any of these methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: usarmy.pentagon.hqda-asacw.mbx.asa-cw-reporting@army.mil and
include the docket number, COE–2023–
0003, in the subject line of the message.
3. Mail: HQ, U.S. Army Office of the
Assistant secretary of the Army, ATTN:
Mr. Gib Owen, at U.S. Army, 108 Army
Pentagon, Washington, DC 20310–0108.
4. Hand Delivery/Courier: Due to
security requirements, we cannot
SUMMARY:
Male Urinary Symptom Impact
Questionnaire (MUSIQ)
VerDate Sep<11>2014
external condom catheter. Each
collection instrument will be done
electronically via Qualtrics, a secure
web-based survey platform. Patients
will access this via their smartphone.
The results will automatically be
received via Qualtrics when they submit
the responses.
Participants in the ECC Eagle trial will
get to keep the external condom catheter
they used for the study. There is no
other gift, payment, or incentive to
participate.
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Fmt 4703
Sfmt 4703
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2023–0003. The
public docket will include all comments
exactly as submitted and without
change and may be made available online at https://www.regulations.gov. This
will include any personal information
provided, unless the commenter
indicates that the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information where 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 the U.S. Army
without going through regulations.gov,
your email address will be
automatically captured and included as
part of the comment 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. No alternative media thumb
drive or CD–ROM can be submitted. 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 https://
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: Mr.
Gib Owen at usarmy.pentagon.hqdaasa-cw.mbx.asa-cw-reporting@army.mil
or 571–274–1929.
SUPPLEMENTARY INFORMATION: The
Department of the Army is publishing
this notice to solicit comment on an
environmental assessment prepared to
support the implementation of Section
165 of the Water Resources
Development Act (WRDA) of 2020 (Pub.
L. 116–260). Section 165(a) of the
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Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
WRDA of 2020, as amended, directs the
Secretary to implement a pilot program
for carrying out continuing authority
projects in small or disadvantaged
communities at 100% Federal costs. It
requires the Secretary to issue a Federal
Register notice to solicit proposals from
non-federal interests for a project under
a continuing authority program (CAP)
for an economically disadvantaged
community. A description of each CAP
is provided in Engineer Pamphlet (EP)
1105–2–58, Continuing Authorities
Program. A separate Federal Register
notice soliciting qualified non-Federal
interests to submit project proposals
will be published at a later date. The
notice would be published upon
implementation of the Section 165 Pilot
Program. A copy of the draft
environmental assessment can be found
at: https://www.usace.army.mil/
Missions/Civil-Works/Water-ResourcesDevelopment-Act/.
The contents of the documents do not
have the force and effect of law and are
not meant to bind the public in any
way. This document is intended only to
provide clarity to the public regarding
existing requirements under the law or
departmental policies.
Procedural Requirements
a. Review under the National
Environmental Policy Act. As required
by the National Environmental Policy
Act (NEPA), the Department of Army
prepares appropriate environmental
analysis for its activities affecting the
quality of the human environment. We
have preliminarily determined that this
proposed Section 165 Pilot Program if
finalized, would not constitute a major
Federal Action significantly affecting
the quality of the human environment
because actions will be taken, during
the planning to avoid, minimize, or
compensatory mitigate for any adverse
impacts that could occur as a result of
the implementation of the
recommended plan. The preliminary
determination that an Environmental
Impact Statement (EIS) will not be
required for the issuance of this
significant guidance will be reviewed in
consideration of the comments received.
b. Unfunded Mandates Reform Act.
The Unfunded Mandates Reform Act
does not apply to the Section 165 Pilot
Program because the guidance
associated with this action provides
policy for the Commanding General of
the U.S. Army Corps of Engineers to
conduct Continuing Authority Program
projects at 100% Federal expense. The
Assistant Secretary of the Army for Civil
Works has found that small
governments will not be significantly
and uniquely affected by this guidance.
VerDate Sep<11>2014
17:19 Mar 17, 2023
Jkt 259001
c. National Technology Transfer and
Advancement Act. This Section 165
Pilot Program does not involve technical
standards and as such there are no
anticipated requirements under this Act.
d. Executive Order 12866. Executive
Order 12866 (58 FR 51735, October 4,
1993), defines ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, Tribal, or local governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order. In
addition, per 32 CFR 339.7 (85 FR
32299), the same tests for significance
also apply to guidance documents. This
proposed Section 165 Pilot program has
been found not to be a significant
guidance action.
e. Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The proposed
Section 165 Pilot Program does not
impose any information collection
requirements for which Office of
Management and Budget (OMB)
approval under the Paperwork
Reduction Act is required.
f. Executive Order 13132: Federalism.
This proposed Section 165 Pilot
Program will not have substantial direct
effects on the states, the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
g. Regulatory Flexibility Act. The
Regulatory Flexibility Act (RFA), as
amended (5 U.S.C. 601 et seq.) generally
requires an agency to prepare a
regulatory flexibility analysis of any rule
subject to notice-and-comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions. For purposes of assessing
the impacts of the proposed rule on
small entities, a small entity is defined
as: (1) A small business based on SBA
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16595
size standards; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district, or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field. Although this is
not a rulemaking action, the Assistant
Secretary of the Army for Civil Works
nonetheless certifies that this proposed
Section 165 Pilot Program does not have
a significant economic impact on a
substantial number of small entities.
The proposed Section 165 Pilot Program
does not place any regulatory burdens
on small entities or have a significant
economic impact on such entities.
h. Congressional Review Act (5 U.S.C.
801 et seq.). Pursuant to the
Congressional Review Act, this
proposed Section 165 Pilot Program has
not been designated a major rule, as
defined by 5 U.S.C. 804(2), as it is not
a rulemaking action. However,
analyzing the same parameters for this
proposed significant guidance, the
Assistant Secretary of the Army for Civil
Works has determined that this
proposed Section 165 Pilot Program is
not considered ‘‘major’’ as defined by 5
U.S.C. 804(2), because it is not likely to
result in: (1) An annual effect on the
economy of $100,000,000 or more; (2) a
major increase in costs or prices for
consumers, individual industries,
federal, state, or local government
agencies, or geographic regions; or (3)
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of the United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.
i. Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments. Under
Executive Order 13175, the Federal
government may not issue a regulation
that has substantial, direct effects on
one or more Tribal Nation, on the
relationship between the Federal
government and Tribal Nation, or on the
distribution of powers and
responsibilities between the Federal
government and Tribal Nations, and
imposes substantial direct compliance
costs on those communities, and that is
not required by statute, unless the
Federal government provides the funds
necessary to pay the direct compliance
cost incurred by the Tribal Nation
governments, or we consult with those
governments. If complying by
consulting, Executive Order 13175
requires us to provide the Office of
Management and Budget, in a separately
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Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices
identified section of the preamble to the
rule, a description of the extent of prior
consultation with representatives of
affected Tribal Nation governments, a
summary of the nature of Tribal Nation
concerns, and a statement supporting
the need to issue the regulation. In
addition, Executive Order 13175
requires that agencies develop an
effective process permitting elected
officials and other representatives of
Tribal Nation governments an
opportunity to provide timely input in
the development of regulatory policies
on matters that significantly or uniquely
affect their communities. This proposed
Section 165 Pilot Program does not
impose significant compliance costs on
any Tribal Nation or otherwise have
substantial direct effects on the same.
The proposed Section 165 Pilot Program
would not have any adverse physical
impacts to human environment as the
expected result of the Assistant
Secretary of the Army for Civil Works
actions will be the development and
construction of CAP projects. In the
event that any Tribal Nations may have
concerns with the proposed Section 165
Pilot Program, the Assistant Secretary of
the Army for Civil Works encourages
them to submit comments through the
public comment process and/or to
request government-to-government
consultation.
Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023–05551 Filed 3–17–23; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Department of the Navy
Meeting of the U.S. Naval Academy
Board of Visitors
Department of the Navy, U.S.
Department of Defense (DoD).
ACTION: Notice of Partially Closed
Meeting.
AGENCY:
The DoD is publishing this
notice to announce that the following
Federal Advisory Committee meeting of
the U.S. Naval Academy Board of
Visitors, hereafter ‘‘Board,’’ will take
place.
SUMMARY:
Open to the public, March 21,
2023, from 9 a.m. to 11 a.m. Closed to
the public, March 21, 2023, from 11 a.m.
to noon (12 p.m.).
ADDRESSES: This meeting will be held at
the U.S. Naval Academy in Annapolis,
Maryland (MD). Pending prevailing
health directives, the meeting will be
handicap accessible. Escort is required.
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DATES:
VerDate Sep<11>2014
17:19 Mar 17, 2023
Jkt 259001
FOR FURTHER INFORMATION CONTACT:
Major Alexandra Fitzgerald, USMC,
Executive Secretary to the Board of
Visitors, Office of the Superintendent,
U.S. Naval Academy, Annapolis, MD
21402–5000, 410–293–1503, afitzger@
usna.edu, or visit https://
www.usna.edu/PAO/Superintendent/
bov.php.
SUPPLEMENTARY INFORMATION: This
meeting is being held under the
provisions of the Federal Advisory
Committee Act (FACA) of 1972 (5
United States Code (U.S.C.)), Appendix,
as amended), the Government in the
Sunshine Act of 1976 (5 U.S.C. 552b, as
amended), the General Services
Administration’s (GSA) Federal
Advisory Committee Management Final
Rule (41 Code of Federal Regulations
(CFR) part 102–3).
Purpose of Meeting: The U.S. Naval
Academy Board of Visitors will meet to
make such inquiry, as the Board deems
necessary, into the state of morale and
discipline, the curriculum, instruction,
physical equipment, fiscal affairs, and
academic methods of the Naval
Academy.
Agenda
Proposed meeting agenda for March
21, 2023.
0900 Call to Order (Open to Public)
0900–1055 Business Session (Open to
Public)
1055–1100 Break (Open to Public)
1100–1200 Executive Session (Closed
to Public)
Current details on the board of
visitors may be found at https://
www.usna.edu/PAO/Superintendent/
bov.php.
The executive session of the meeting
from 11 a.m. to 12 p.m. on March 21,
2023, will consist of discussions of new
and pending administrative or minor
disciplinary infractions and non-judicial
punishments involving midshipmen
attending the Naval Academy to include
but not limited to, individual honor or
conduct violations within the Brigade,
the disclosure of which would
constitute a clearly unwarranted
invasion of personal privacy. For this
reason, the executive session of this
meeting will be closed to the public, as
the discussion of such information
cannot be adequately segregated from
other topics, which precludes opening
the executive session of this meeting to
the public. Accordingly, the Secretary of
the Navy, in consultation with the
Department of the Navy General
Counsel, has determined in writing that
the meeting shall be partially closed to
the public because the discussions
during the executive session from 11
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a.m. to noon (12 p.m.) will be concerned
with matters protected under sections
552b(c)(5), (6), and (7) of title 5, U.S.C.
Due to circumstances beyond the
control of the Designated Federal
Officer, the United States Naval
Academy Board of Visitors was unable
to provide public notification required
by 41 CFR 102–3.150(a) concerning its
March 21, 2023 meeting. Accordingly,
the Advisory Committee Management
Officer for the DoD, pursuant to 41 CFR
102–3.150(b), waives the 15-calendar
day notification requirement.
Authority: 5 U.S.C. 552b.
Meeting Accessibility: Pursuant to
FACA and 41 CFR 102–3.140, this
meeting is open to the public. Any
public attendance at the meeting will be
governed by prevailing health directives
at the United States Naval Academy.
Please contact the Executive Secretary
five business days prior the meeting to
coordinate access to the meeting.
Written Statements: Per Section
10(a)(3) of the FACA and 41 CFR 102–
3.105(j) and 102–3.140, interested
persons may submit a written statement
for consideration at any time, but
should be received by the Designated
Federal Officer at least 5 business days
prior to the meeting date so that the
comments may be made available to the
Board for their consideration prior to
the meeting. Written statements should
be submitted via mail to 121 Blake Rd,
Annapolis, MD 21402. Please note that
since the Board operates under the
provisions of the FACA, as amended, all
submitted comments and public
presentations may be treated as public
documents and may be made available
for public inspection, including, but not
limited to, being posted on the board
website.
Dated: March 14, 2023.
A.R. Holt,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. 2023–05556 Filed 3–17–23; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF EDUCATION
[Docket No. ED–2023–SCC–0047]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
Native American Language (NAL@ED)
Application Package (1894–0001)
Office of Elementary and
Secondary Education (OESE),
Department of Education (ED).
ACTION: Notice.
AGENCY:
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]]>Agencies
[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16594-16596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05551]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
[Docket ID COE-2023-0003]
ZRIN 0710-ZA18
Water Resources Development Act 2020, Section 165 Pilot Program
for Continuing Authority Projects in Small or Disadvantaged Communities
Draft Environmental Assessment, Notice of Availability for Comment
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of availability for public comment.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army is publishing this notice to
solicit comment on an environmental assessment of implementation of
Section 165 of the Water Resources Development Act of 2020 which
directs the Secretary of the Army to establish and implement a pilot
program carrying out continuing authority projects in small or
disadvantaged communities.
DATES: Comments must be received by April 19, 2023.
ADDRESSES: You may submit comments, identified by docket number COE-
2023-0003, using any of these methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: [email protected]
and include the docket number, COE-2023-0003, in the subject line of
the message.
3. Mail: HQ, U.S. Army Office of the Assistant secretary of the
Army, ATTN: Mr. Gib Owen, at U.S. Army, 108 Army Pentagon, Washington,
DC 20310-0108.
4. Hand Delivery/Courier: Due to security requirements, we cannot
receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2023-0003.
The public docket will include all comments exactly as submitted and
without change and may be made available on-line at https://www.regulations.gov. This will include any personal information
provided, unless the commenter indicates that the comment includes
information claimed to be Confidential Business Information (CBI) or
other information where 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 the U.S. Army without going through
regulations.gov, your email address will be automatically captured and
included as part of the comment 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. No alternative media thumb drive or CD-ROM
can be submitted. 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 https://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: Mr. Gib Owen at [email protected] or 571-274-1929.
SUPPLEMENTARY INFORMATION: The Department of the Army is publishing
this notice to solicit comment on an environmental assessment prepared
to support the implementation of Section 165 of the Water Resources
Development Act (WRDA) of 2020 (Pub. L. 116-260). Section 165(a) of the
[[Page 16595]]
WRDA of 2020, as amended, directs the Secretary to implement a pilot
program for carrying out continuing authority projects in small or
disadvantaged communities at 100% Federal costs. It requires the
Secretary to issue a Federal Register notice to solicit proposals from
non-federal interests for a project under a continuing authority
program (CAP) for an economically disadvantaged community. A
description of each CAP is provided in Engineer Pamphlet (EP) 1105-2-
58, Continuing Authorities Program. A separate Federal Register notice
soliciting qualified non-Federal interests to submit project proposals
will be published at a later date. The notice would be published upon
implementation of the Section 165 Pilot Program. A copy of the draft
environmental assessment can be found at: https://www.usace.army.mil/Missions/Civil-Works/Water-Resources-Development-Act/.
The contents of the documents do not have the force and effect of
law and are not meant to bind the public in any way. This document is
intended only to provide clarity to the public regarding existing
requirements under the law or departmental policies.
Procedural Requirements
a. Review under the National Environmental Policy Act. As required
by the National Environmental Policy Act (NEPA), the Department of Army
prepares appropriate environmental analysis for its activities
affecting the quality of the human environment. We have preliminarily
determined that this proposed Section 165 Pilot Program if finalized,
would not constitute a major Federal Action significantly affecting the
quality of the human environment because actions will be taken, during
the planning to avoid, minimize, or compensatory mitigate for any
adverse impacts that could occur as a result of the implementation of
the recommended plan. The preliminary determination that an
Environmental Impact Statement (EIS) will not be required for the
issuance of this significant guidance will be reviewed in consideration
of the comments received.
b. Unfunded Mandates Reform Act. The Unfunded Mandates Reform Act
does not apply to the Section 165 Pilot Program because the guidance
associated with this action provides policy for the Commanding General
of the U.S. Army Corps of Engineers to conduct Continuing Authority
Program projects at 100% Federal expense. The Assistant Secretary of
the Army for Civil Works has found that small governments will not be
significantly and uniquely affected by this guidance.
c. National Technology Transfer and Advancement Act. This Section
165 Pilot Program does not involve technical standards and as such
there are no anticipated requirements under this Act.
d. Executive Order 12866. Executive Order 12866 (58 FR 51735,
October 4, 1993), defines ``significant regulatory action'' as one that
is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, Tribal, or local governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order. In addition, per 32 CFR 339.7 (85 FR 32299), the
same tests for significance also apply to guidance documents. This
proposed Section 165 Pilot program has been found not to be a
significant guidance action.
e. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
proposed Section 165 Pilot Program does not impose any information
collection requirements for which Office of Management and Budget (OMB)
approval under the Paperwork Reduction Act is required.
f. Executive Order 13132: Federalism. This proposed Section 165
Pilot Program will not have substantial direct effects on the states,
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.
g. Regulatory Flexibility Act. The Regulatory Flexibility Act
(RFA), as amended (5 U.S.C. 601 et seq.) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice-and-comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions. For purposes
of assessing the impacts of the proposed rule on small entities, a
small entity is defined as: (1) A small business based on SBA size
standards; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. Although this is not a rulemaking
action, the Assistant Secretary of the Army for Civil Works nonetheless
certifies that this proposed Section 165 Pilot Program does not have a
significant economic impact on a substantial number of small entities.
The proposed Section 165 Pilot Program does not place any regulatory
burdens on small entities or have a significant economic impact on such
entities.
h. Congressional Review Act (5 U.S.C. 801 et seq.). Pursuant to the
Congressional Review Act, this proposed Section 165 Pilot Program has
not been designated a major rule, as defined by 5 U.S.C. 804(2), as it
is not a rulemaking action. However, analyzing the same parameters for
this proposed significant guidance, the Assistant Secretary of the Army
for Civil Works has determined that this proposed Section 165 Pilot
Program is not considered ``major'' as defined by 5 U.S.C. 804(2),
because it is not likely to result in: (1) An annual effect on the
economy of $100,000,000 or more; (2) a major increase in costs or
prices for consumers, individual industries, federal, state, or local
government agencies, or geographic regions; or (3) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of the United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
i. Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments. Under Executive Order 13175, the Federal government
may not issue a regulation that has substantial, direct effects on one
or more Tribal Nation, on the relationship between the Federal
government and Tribal Nation, or on the distribution of powers and
responsibilities between the Federal government and Tribal Nations, and
imposes substantial direct compliance costs on those communities, and
that is not required by statute, unless the Federal government provides
the funds necessary to pay the direct compliance cost incurred by the
Tribal Nation governments, or we consult with those governments. If
complying by consulting, Executive Order 13175 requires us to provide
the Office of Management and Budget, in a separately
[[Page 16596]]
identified section of the preamble to the rule, a description of the
extent of prior consultation with representatives of affected Tribal
Nation governments, a summary of the nature of Tribal Nation concerns,
and a statement supporting the need to issue the regulation. In
addition, Executive Order 13175 requires that agencies develop an
effective process permitting elected officials and other
representatives of Tribal Nation governments an opportunity to provide
timely input in the development of regulatory policies on matters that
significantly or uniquely affect their communities. This proposed
Section 165 Pilot Program does not impose significant compliance costs
on any Tribal Nation or otherwise have substantial direct effects on
the same. The proposed Section 165 Pilot Program would not have any
adverse physical impacts to human environment as the expected result of
the Assistant Secretary of the Army for Civil Works actions will be the
development and construction of CAP projects. In the event that any
Tribal Nations may have concerns with the proposed Section 165 Pilot
Program, the Assistant Secretary of the Army for Civil Works encourages
them to submit comments through the public comment process and/or to
request government-to-government consultation.
Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-05551 Filed 3-17-23; 8:45 am]
BILLING CODE 3720-58-P
