Submission for OMB Review; Comment Request, 22394-22396 [2024-06829]
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Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
person or remotely—and the written
text of any oral presentations must be
received by the Office of the Secretary
not later than 5:00 p.m. EDT on April
24, 2024. The Commission will accept
written comments as well. These also
must be received by the Office of the
Secretary not later than 5:00 p.m. EDT
on April 24, 2024.
FOR FURTHER INFORMATION CONTACT: For
information about the hearing, or to
request an opportunity to make an oral
presentation, whether in person or
remotely, please send an email to
CPSC’s Office of the Secretary at cpscos@cpsc.gov. If you have any questions
about the hearing, you may contact
Alberta E. Mills, Office of the Secretary,
U.S. Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814, telephone (301)
504–7479.
SUPPLEMENTARY INFORMATION:
I. Background
Section 4(j) of the Consumer Product
Safety Act (CPSA), 15 U.S.C. 2053(j),
requires the Commission to establish an
agenda for action under the laws the
Commission administers and, to the
extent feasible, select priorities for
action at least 30 days before the
beginning of each fiscal year. Section
4(j) of the CPSA provides further that
when establishing its agenda and
priorities, the Commission shall
conduct a public hearing and provide an
opportunity for the submission of
comments.
ddrumheller on DSK120RN23PROD with NOTICES1
II. Instructions for Remote Attendees
The hybrid public hearing will be
held on May 8, 2024, at 10:00 a.m. EDT
in person at CPSC’s headquarters and
remotely via webinar. The notice for the
hearing will also be made available on
the CPSC website on the public
calendar: https://www.cpsc.gov/
Newsroom/Public-Calendar. Individuals
who plan to attend the meeting remotely
should use the following link to access
the meeting: https://cpsc.webex.com/
cpsc/j.php?MTID=m8963
411189b6bd697089c6282d08b7e9.
III. Oral Presentations (Both in Person
at CPSC’s Headquarters and Remotely
via Webinar) and Submission of
Written Comments
The Commission is preparing the
agency’s fiscal year 2025 Operating Plan
and fiscal year 2026 Congressional
Budget Request. Fiscal year 2025 begins
on October 1, 2024, and fiscal year 2026
begins on October 1, 2025. Through this
notice, the Commission invites the
public to comment on the Commission’s
agenda and priorities that will be
established in the fiscal year 2025
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Operating Plan and the fiscal year 2026
Congressional Budget Request. Proposed
priorities should be aligned with the
agency’s Strategic Plan for fiscal years
2023–2026, which is available at https://
www.cpsc.gov/about-cpsc/agencyreports/performance-and-budget.
Persons who desire to make oral
presentations at the hearing on May 8,
2024—in person or remotely—should
send an email to the Office of the
Secretary, U.S. Consumer Product
Safety Commission at cpsc-os@cpsc.gov
not later than 5:00 p.m. EDT on April
24, 2024. Texts of intended oral
presentations should be captioned
‘‘Agenda and Priorities FY 2025 and/or
2026’’ and must be received not later
than 5:00 p.m. EDT on April 24, 2024.
Oral presentations—in person or
remotely—should be limited to
approximately 10 minutes. The
Commission reserves the right to impose
further time limitations or other
restrictions on presentations.
If you do not want to make an oral
presentation but would like to provide
written comments, you may do so.
Written comments should be captioned,
‘‘Agenda and Priorities FY 2025 and/or
2026,’’ and sent to Office of the
Secretary, U.S. Consumer Product
Safety Commission at cpsc-os@cpsc.gov
not later than 5 p.m. EDT on April 24,
2024. There is no length restriction for
written comments.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2024–06816 Filed 3–29–24; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Department of the Army
Submission for OMB Review;
Comment Request
U.S. Army Corps of Engineers
(USACE), Department of the Army,
Department of Defense (DoD).
ACTION: 30-Day information collection
notice.
AGENCY:
The DoD has submitted to the
Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
under the provisions of the Paperwork
Reduction Act.
DATES: Consideration will be given to all
comments received by May 1, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
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Request for Corps Jurisdictional
Determination (ENG 6247)
Number of Respondents: 16,891.
Responses per Respondent: 1.
Annual Responses: 16,891.
Average Burden per Response: 10
minutes.
Annual Burden Hours: 2,815.
Approved Jurisdictional Determination
Forms (ENG 6245, 6248, & 6281)
Number of Respondents: 668.
Responses per Respondent: 1.
Annual Responses: 668.
Average Burden per Response: 150
minutes.
Annual Burden Hours: 1,670.
Rapanos Dry Land AJD Form (ENG
6246)
Number of Respondents: 243.
Responses per Respondent: 1.
Annual Responses: 243.
Average Burden per Response: 15
minutes.
Annual Burden Hours: 61.
Preliminary JD Form (ENG 6249)
[Docket ID: USA–2023–HQ–0016]
SUMMARY:
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Reginald Lucas, (571) 372–7574,
whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Jurisdictional Determination
Forms and Aquatic Resources
Delineation Forms; ENG Forms 6116 (0–
9), 6245–6250, 6281 (0–2); OMB Control
Number 0710–0024.
Type of Request: Extension.
Number of Respondents: 1,500.
Responses per Respondent: 1.
Annual Responses: 1,500.
Average Burden per Response: 25
minutes.
Annual Burden Hours: 625.
Ordinary High Water Mark Data Sheet
(ENG 6250)
Number of Respondents: 39,980.
Responses per Respondent: 1.
Annual Responses: 39,980.
Average Burden per Response: 30
minutes.
Annual Burden Hours: 19,990.
Automated Wetland Data Sheets (ENG
6116 (0–9))
Number of Respondents: 48,692.
Responses per Respondent: 2.
Annual Responses: 97,384.
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Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
Average Burden per Response: 30
minutes.
Annual Burden Hours: 48,692.
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Total
Number of Respondents: 107,974.
Annual Responses: 156,666.
Annual Burden Hours: 73,853.
Frequency: On Occasion.
Needs and Uses:
Jurisdictional Determination Forms
The USACE (Corps), through its
Regulatory Program, regulates certain
activities in waters of the United States
(WOTUS), pursuant to section 404 of
the Clean Water Act (CWA). WOTUS are
defined under 33 CFR part 328. The
Corps also regulates certain activities in
‘‘navigable WOTUS’’ pursuant to
sections 9 and 10 of the Rivers and
Harbors Act of 1899 (RHA). The Corps
has authorized its district engineers to
issue formal determinations concerning
the applicability of the CWA or the RHA
to tracts of land. (See 33 CFR
320.1(a)(6)). These formal
determinations concerning the
applicability of the CWA or RHA to
tracts of land are known as
‘‘jurisdictional determinations.’’
Approved jurisdictional determinations
(AJDs) and preliminary JDs (PJDs) are
tools used by the Corps to help
implement section 404 of the CWA (33
U.S.C. 1344) and sections 9 and 10 of
the RHA (33 U.S.C. 401, et seq.). Both
types of JDs specify what geographic
areas will be treated as subject to
regulation by the Corps under one or
both statutes.
On August 29, 2023, the U.S.
Environmental Protection Agency and
Department of the Army (the agencies)
issued a final rule to amend the final
‘‘Revised Definition of ‘WOTUS’ ’’ rule,
published in the Federal Register on
January 18, 2023. This final rule
conforms the definition of ‘‘WOTUS’’ to
the U.S. Supreme Court’s May 25, 2023,
decision in the case of Sackett v.
Environmental Protection Agency. Parts
of the January 2023 rule are invalid
under the Supreme Court’s
interpretation of the CWA in the Sackett
decision. Therefore, the agencies have
amended key aspects of the regulatory
text to conform it to the Court’s
decision. The conforming rule, ‘‘Revised
Definition of ’WOTUS’; Conforming,’’
published in the Federal Register and
became effective on September 8, 2023.
As a result of ongoing litigation on the
January 2023 rule, the agencies are
currently implementing the January
2023 rule, as amended by the
conforming rule, in 23 states, the
District of Columbia, and the U.S.
Territories. In the other 27 states and for
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certain parties, the agencies are
interpreting ‘‘WOTUS’’ consistent with
the pre-2015 regulatory regime and the
Supreme Court’s decision in Sackett
until further notice.
This information collection request
thus implements the collections of
information associated with the Corps’
implementation of the 2023 rule, as
amended, and the pre-2015 regime
consistent with Sackett. The Corps
intends to implement the 2023
Conforming Rule and the pre-2015
regime consistent with Sackett using
two forms, which consist of the
Preliminary Jurisdictional
Determination Form (PJD Form) and a
‘‘JD Request Form.’’ Under the most
recent regulatory regimes (the
September 2023 Conforming Rule and
the pre-2015 regime consistent with
Sackett), the Corps has elected to use a
Memorandum for Record (MFR) instead
of a JD ‘‘form’’ to document the basis of
its jurisdictional decisions under those
two regimes. While we are including
four separate AJD Forms in this package,
including (1) the ‘‘pre-2015 regime
(a.k.a., ‘‘Rapanos’’)’’ AJD Form, (2) The
pre-2015/Rapanos ‘‘dry land’’ AJD
Form, (3) the 2020 NWPR AJD Form,
and (4) the January 2023 rule AJD Form,
none of those four AJD Forms are
currently in use. Even though these four
forms are not currently in use, they are
included in this collection for historical
purposes. Therefore, there a total of six
JD forms (the PJD Form, the JD Request
Form, and the 4 historical AJD Forms)
in this collection.
Aquatic Resource Delineation
Datasheets
In order for the Corps to determine
the amount and extent of aquatic
resources at a site, the Corps must
geographically delineate aquatic
resources in accordance with
established regulations, policy, and
guidance. The aquatic resource
delineation datasheets fall into two
main categories: (1) the ENG 6119 (0–9)
series, which are our automated wetland
determination data sheets (ADS) and (2)
the Ordinary High-Water Mark (OHWM)
field identification datasheet.
To delineate wetlands, the Corps uses
the 1987 Corps of Engineers Wetlands
Delineation Manual (Corps Manual) and
the most current applicable regional
supplements. There are ten wetland
data sheets in total, but these really are
one single collection that is split into 10
regional sub-forms. The ADSs
streamline the information collection
process by incorporating reference
material and analytical processes
directly into the form, which is
provided as a Microsoft Excel document
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22395
rather than the PDF form included in
the regional supplements. Additionally,
the ADSs automate data analysis using
information input by the respondent
(e.g., the ‘‘dominance test’’ for wetland
vegetation), which reduces the time and
effort required to complete these
processes.
Non-tidal, non-wetland WOTUS,
which are defined in 33 CFR part 328,
must be delineated to the extent of the
ordinary high-water mark OHWM,
which is defined at 33 CFR 328.3(c)(4)
and 33 CFR 329.11(a)(1). Regulatory
Guidance Letter (RGL) 05–05 provides
guidance on identification of OHWM. In
2022, the Corps released a draft
Engineer Research and Development
Center Technical Report, ‘‘National
Ordinary High Water Mark Field
Delineation Manual for Rivers and
Streams’’ (Draft National Manual),
which is the first national manual that
provides and describes indicators and a
methodology to help improve
consistency in the identification and
delineation of the OHWM by (1)
providing consistent definitions of
OHWM indicators; (2) outlining a clear,
step-by-step process for identifying the
OHWM using a Weight-of-Evidence
approach; and (3) providing a datasheet
for logging information at a site. As part
of the development of the Draft National
Manual, the Corps developed a Data
Sheet (ENG 6250) for facilitating
documentation of the OHWM.
Affected Public: Individuals or
households.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Mr. Matthew
Oreska.
You may also submit comments and
recommendations, identified by Docket
ID number and title, by the following
method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, Docket
ID number, and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DOD Clearance Officer: Mr. Reginald
Lucas.
Requests for copies of the information
collection proposal should be sent to
Mr. Lucas at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil.
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22396
Federal Register / Vol. 89, No. 63 / Monday, April 1, 2024 / Notices
Dated: March 26, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–06829 Filed 3–29–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Defense Science Board; Notice of
Federal Advisory Committee Meeting
Under Secretary of Defense for
Research and Engineering, Department
of Defense (DoD).
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
The DoD is publishing this
notice to announce that the following
Federal Advisory Committee meeting of
the Defense Science Board (DSB) will
take place.
DATES: Closed to the public Wednesday,
March 20, 2024 from 8 a.m. to 5 p.m.;
closed to the public Thursday, March
21, 2024 from 8 a.m. to 4 p.m.
ADDRESSES: The address of the closed
meetings is 4075 Wilson Blvd., Suite
300, Arlington, VA 22203.
FOR FURTHER INFORMATION CONTACT: Ms.
Elizabeth J. Kowalski, Designated
Federal Officer (DFO): (703) 571–0081
(Voice), (703) 697–1860 (Facsimile),
elizabeth.j.kowalski.civ@mail.mil,
(Email). Mailing address is Defense
Science Board, 3140 Defense Pentagon,
Washington, DC 20301–3140. Website:
https://www.acq.osd.mil/dsb/. The most
up-to-date changes to the meeting
agenda can be found on the website.
SUPPLEMENTARY INFORMATION: Due to
circumstances beyond the control of the
Designated Federal Officer, the Defense
Science Board was unable to provide
public notification required by 41 CFR
102–3.150(a) concerning its March 20–
21, 2024 meeting. Accordingly, the
Advisory Committee Management
Officer for the Department of Defense,
pursuant to 41 CFR 102–3.150(b),
waives the 15-calendar day notification
requirement.
This meeting is being held under the
provisions of chapter 10 of title 5,
United States Code (U.S.C.) (commonly
known as the ‘‘Federal Advisory
Committee Act’’ or ‘‘FACA’’), 5 U.S.C.
552b(c) (commonly known as the
‘‘Government in the Sunshine Act’’),
and §§ 102–3.140 and 102–3.150 of title
41, Code of Federal Regulations (CFR).
Purpose of the Meeting: The mission
of the DSB is to provide independent
advice and recommendations on matters
relating to the DoD’s scientific and
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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17:17 Mar 29, 2024
Jkt 262001
technical enterprise. The objective of
the meeting is to obtain, review, and
evaluate classified information related
to the DSB’s mission. DSB membership
will discuss the 2024 DSB Summer
Study on Advanced Capabilities for
Potential Future Conflict and classified
strategies for continued development of
symmetric and asymmetric capabilities.
Agenda: The meeting will begin on
Wednesday, March 20, 2024 at 8 a.m.
Ms. Betsy Kowalski, DSB DFO, and Dr.
Eric Evans, DSB Chair, will provide
opening remarks and a classified
overview of the objectives of the 2024
Summer Study on Advanced
Capabilities for Potential Future
Conflict. Next, DSB members will meet
to discuss classified strategies that best
enable DoD’s continued development of
symmetric and asymmetric capabilities
that will characterize future conflicts,
including periodic breaks. The meeting
will adjourn at 5 p.m. On Thursday,
March 21, 2024, starting at 8 a.m., the
DSB will continue to meet to discuss
classified strategies that best enable
DoD’s continued development of
symmetric and asymmetric capabilities
that will characterize future conflicts,
including periodic breaks. The meeting
will adjourn at 4 p.m.
Meeting Accessibility: In accordance
with 5 U.S.C. 1009(d) and 41 CFR 102–
3.155, the DoD has determined that the
DSB meeting will be closed to the
public. Specifically, the Deputy Under
Secretary of Defense for Research and
Engineering, in consultation with the
DoD Office of the General Counsel, has
determined in writing that the meeting
will be closed to the public because it
will consider matters covered by 5
U.S.C. 552b(c)(1). The determination is
based on the consideration that it is
expected that discussions throughout
will involve classified matters of
national security concern. Such
classified material is so intertwined
with the unclassified material that it
cannot reasonably be segregated into
separate discussions without defeating
the effectiveness and meaning of the
overall meeting. To permit the meeting
to be open to the public would preclude
discussion of such matters and would
greatly diminish the ultimate utility of
the DSB’s findings and
recommendations to the Secretary of
Defense and to the Under Secretary of
Defense for Research and Engineering.
Written Statements: In accordance
with 5 U.S.C. 1009(a)(3) and 41 CFR
102–3.105(j) and 102–3.140, interested
persons may submit a written statement
for consideration by the DSB at any time
regarding its mission or in response to
the stated agenda of a planned meeting.
Individuals submitting a written
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statement must submit their statement
to the DSB DFO at the email address
provided above in the FOR FURTHER
INFORMATION CONTACT section at any
point; however, if a written statement is
not received at least three calendar days
prior to a meeting, which is the subject
of this notice, then it may not be
provided to or considered by the DSB
until a later date.
Dated: March 27, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–06824 Filed 3–29–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Department of Defense Federal
Advisory Committees—Armed Forces
Retirement Home Advisory Council
Department of Defense (DoD).
Notice of Federal Advisory
Committee meeting.
AGENCY:
ACTION:
The DoD is publishing this
notice to announce that the following
Federal Advisory Committee meeting of
the Armed Forces Retirement Home
Advisory Council (AFRHAC) will take
place.
DATES: AFRHAC will hold a meeting
open to the public on Thursday, April
18, 2024, from 10:30 a.m. to 12:30 p.m.
Eastern Standard Time (EST).
ADDRESSES: The meeting may be
accessed by videoconference.
Information for accessing the
videoconference will be provided after
registering. (Pre-meeting registration is
required. See guidance in
SUPPLEMENTARY INFORMATION, ‘‘Meeting
Accessibility’’.)
FOR FURTHER INFORMATION CONTACT: Mrs.
Lakesia Campbell, Designated Federal
Officer (DFO), (202) 541–0667 (voice),
lakesia.campbell@afrh.gov (email).
Website: www.afrh.gov/aboutus/
advisory-council. The most up-to-date
changes to the meeting agenda can be
found on the website.
SUPPLEMENTARY INFORMATION: This
meeting is being held under the
provisions of chapter 10 of title 5 United
States Code (U.S.C.) (commonly known
as the ‘‘Federal Advisory Committee
Act’’ or ‘‘FACA’’), 5 U.S.C. 552b
(commonly known as the ‘‘Government
in the Sunshine Act’’), and 41 CFR 102–
3.140 and 102–3.150.
Availability of Materials for the
Meeting: Additional information,
including the agenda or any updates to
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22394-22396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06829]
=======================================================================
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2023-HQ-0016]
Submission for OMB Review; Comment Request
AGENCY: U.S. Army Corps of Engineers (USACE), Department of the Army,
Department of Defense (DoD).
ACTION: 30-Day information collection notice.
-----------------------------------------------------------------------
SUMMARY: The DoD has submitted to the Office of Management and Budget
(OMB) for clearance the following proposal for collection of
information under the provisions of the Paperwork Reduction Act.
DATES: Consideration will be given to all comments received by May 1,
2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Reginald Lucas, (571) 372-7574,
[email protected].
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB Number: Jurisdictional
Determination Forms and Aquatic Resources Delineation Forms; ENG Forms
6116 (0-9), 6245-6250, 6281 (0-2); OMB Control Number 0710-0024.
Type of Request: Extension.
Request for Corps Jurisdictional Determination (ENG 6247)
Number of Respondents: 16,891.
Responses per Respondent: 1.
Annual Responses: 16,891.
Average Burden per Response: 10 minutes.
Annual Burden Hours: 2,815.
Approved Jurisdictional Determination Forms (ENG 6245, 6248, & 6281)
Number of Respondents: 668.
Responses per Respondent: 1.
Annual Responses: 668.
Average Burden per Response: 150 minutes.
Annual Burden Hours: 1,670.
Rapanos Dry Land AJD Form (ENG 6246)
Number of Respondents: 243.
Responses per Respondent: 1.
Annual Responses: 243.
Average Burden per Response: 15 minutes.
Annual Burden Hours: 61.
Preliminary JD Form (ENG 6249)
Number of Respondents: 1,500.
Responses per Respondent: 1.
Annual Responses: 1,500.
Average Burden per Response: 25 minutes.
Annual Burden Hours: 625.
Ordinary High Water Mark Data Sheet (ENG 6250)
Number of Respondents: 39,980.
Responses per Respondent: 1.
Annual Responses: 39,980.
Average Burden per Response: 30 minutes.
Annual Burden Hours: 19,990.
Automated Wetland Data Sheets (ENG 6116 (0-9))
Number of Respondents: 48,692.
Responses per Respondent: 2.
Annual Responses: 97,384.
[[Page 22395]]
Average Burden per Response: 30 minutes.
Annual Burden Hours: 48,692.
Total
Number of Respondents: 107,974.
Annual Responses: 156,666.
Annual Burden Hours: 73,853.
Frequency: On Occasion.
Needs and Uses:
Jurisdictional Determination Forms
The USACE (Corps), through its Regulatory Program, regulates
certain activities in waters of the United States (WOTUS), pursuant to
section 404 of the Clean Water Act (CWA). WOTUS are defined under 33
CFR part 328. The Corps also regulates certain activities in
``navigable WOTUS'' pursuant to sections 9 and 10 of the Rivers and
Harbors Act of 1899 (RHA). The Corps has authorized its district
engineers to issue formal determinations concerning the applicability
of the CWA or the RHA to tracts of land. (See 33 CFR 320.1(a)(6)).
These formal determinations concerning the applicability of the CWA or
RHA to tracts of land are known as ``jurisdictional determinations.''
Approved jurisdictional determinations (AJDs) and preliminary JDs
(PJDs) are tools used by the Corps to help implement section 404 of the
CWA (33 U.S.C. 1344) and sections 9 and 10 of the RHA (33 U.S.C. 401,
et seq.). Both types of JDs specify what geographic areas will be
treated as subject to regulation by the Corps under one or both
statutes.
On August 29, 2023, the U.S. Environmental Protection Agency and
Department of the Army (the agencies) issued a final rule to amend the
final ``Revised Definition of `WOTUS' '' rule, published in the Federal
Register on January 18, 2023. This final rule conforms the definition
of ``WOTUS'' to the U.S. Supreme Court's May 25, 2023, decision in the
case of Sackett v. Environmental Protection Agency. Parts of the
January 2023 rule are invalid under the Supreme Court's interpretation
of the CWA in the Sackett decision. Therefore, the agencies have
amended key aspects of the regulatory text to conform it to the Court's
decision. The conforming rule, ``Revised Definition of 'WOTUS';
Conforming,'' published in the Federal Register and became effective on
September 8, 2023.
As a result of ongoing litigation on the January 2023 rule, the
agencies are currently implementing the January 2023 rule, as amended
by the conforming rule, in 23 states, the District of Columbia, and the
U.S. Territories. In the other 27 states and for certain parties, the
agencies are interpreting ``WOTUS'' consistent with the pre-2015
regulatory regime and the Supreme Court's decision in Sackett until
further notice.
This information collection request thus implements the collections
of information associated with the Corps' implementation of the 2023
rule, as amended, and the pre-2015 regime consistent with Sackett. The
Corps intends to implement the 2023 Conforming Rule and the pre-2015
regime consistent with Sackett using two forms, which consist of the
Preliminary Jurisdictional Determination Form (PJD Form) and a ``JD
Request Form.'' Under the most recent regulatory regimes (the September
2023 Conforming Rule and the pre-2015 regime consistent with Sackett),
the Corps has elected to use a Memorandum for Record (MFR) instead of a
JD ``form'' to document the basis of its jurisdictional decisions under
those two regimes. While we are including four separate AJD Forms in
this package, including (1) the ``pre-2015 regime (a.k.a.,
``Rapanos'')'' AJD Form, (2) The pre-2015/Rapanos ``dry land'' AJD
Form, (3) the 2020 NWPR AJD Form, and (4) the January 2023 rule AJD
Form, none of those four AJD Forms are currently in use. Even though
these four forms are not currently in use, they are included in this
collection for historical purposes. Therefore, there a total of six JD
forms (the PJD Form, the JD Request Form, and the 4 historical AJD
Forms) in this collection.
Aquatic Resource Delineation Datasheets
In order for the Corps to determine the amount and extent of
aquatic resources at a site, the Corps must geographically delineate
aquatic resources in accordance with established regulations, policy,
and guidance. The aquatic resource delineation datasheets fall into two
main categories: (1) the ENG 6119 (0-9) series, which are our automated
wetland determination data sheets (ADS) and (2) the Ordinary High-Water
Mark (OHWM) field identification datasheet.
To delineate wetlands, the Corps uses the 1987 Corps of Engineers
Wetlands Delineation Manual (Corps Manual) and the most current
applicable regional supplements. There are ten wetland data sheets in
total, but these really are one single collection that is split into 10
regional sub-forms. The ADSs streamline the information collection
process by incorporating reference material and analytical processes
directly into the form, which is provided as a Microsoft Excel document
rather than the PDF form included in the regional supplements.
Additionally, the ADSs automate data analysis using information input
by the respondent (e.g., the ``dominance test'' for wetland
vegetation), which reduces the time and effort required to complete
these processes.
Non-tidal, non-wetland WOTUS, which are defined in 33 CFR part 328,
must be delineated to the extent of the ordinary high-water mark OHWM,
which is defined at 33 CFR 328.3(c)(4) and 33 CFR 329.11(a)(1).
Regulatory Guidance Letter (RGL) 05-05 provides guidance on
identification of OHWM. In 2022, the Corps released a draft Engineer
Research and Development Center Technical Report, ``National Ordinary
High Water Mark Field Delineation Manual for Rivers and Streams''
(Draft National Manual), which is the first national manual that
provides and describes indicators and a methodology to help improve
consistency in the identification and delineation of the OHWM by (1)
providing consistent definitions of OHWM indicators; (2) outlining a
clear, step-by-step process for identifying the OHWM using a Weight-of-
Evidence approach; and (3) providing a datasheet for logging
information at a site. As part of the development of the Draft National
Manual, the Corps developed a Data Sheet (ENG 6250) for facilitating
documentation of the OHWM.
Affected Public: Individuals or households.
Frequency: On occasion.
Respondent's Obligation: Voluntary.
OMB Desk Officer: Mr. Matthew Oreska.
You may also submit comments and recommendations, identified by
Docket ID number and title, by the following method:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
name, Docket ID number, and title for this Federal Register document.
The general policy for comments and other submissions from members of
the public is to make these submissions available for public viewing on
the internet at https://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
DOD Clearance Officer: Mr. Reginald Lucas.
Requests for copies of the information collection proposal should
be sent to Mr. Lucas at [email protected].
[[Page 22396]]
Dated: March 26, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-06829 Filed 3-29-24; 8:45 am]
BILLING CODE 6001-FR-P
