January 13, 2021 / Rules and Regulations

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January 13, 2021 / Rules and Regulations 2744 Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations DEPARTMENT OF DEFENSE G. Executive Order 13777, Enforcing the List of Nationwide Permits Included in Regulatory Reform Agenda This Rule and General Conditions Department of the Army, Corps of H. Executive Order 13921, Promoting Nationwide Permits (NWPs) Engineers American Seafood Competitiveness and Economic Growth 12. Oil or Natural Gas Pipeline Activities I. 2018 Legislative Outline for Rebuilding 21. Surface Coal Mining Activities 33 CFR Chapter II 29. Residential Developments Infrastructure in America [Docket Number: COE–2020–0002] 39. Commercial and Institutional II. Discussion of Public Comments Developments RIN 0710–AA84 A. Overview 40. Agricultural Activities B. Responses to General Comments 42. Recreational Facilities Reissuance and Modification of C. Comments on Proposed Actions Under 43. Stormwater Management Facilities Nationwide Permits Executive Order 13921, Promoting 44. Mining Activities American Seafood Competitiveness and 48. Commercial Shellfish Mariculture AGENCY: Army Corps of Engineers, DoD. Economic Growth Activities ACTION: Final rule. D. Comments on the 2018 Legislative 50. Underground Coal Mining Activities Outline for Rebuilding Infrastructure in 51. Land-Based Renewable Energy SUMMARY: Nationwide Permits (NWPs) America Generation Facilities authorize certain activities under E. Comments on Regional Conditioning of 52. Water-Based Renewable Energy Generation Pilot Projects Section 404 of the Clean Water Act and Nationwide Permits 55. Seaweed Mariculture Activities Section 10 of the Rivers and Harbors Act F. Comments on Proposed Removal of the of 1899. The NWPs help protect the 56. Finfish Mariculture Activities 300 Linear Foot Limit for Losses of 57. Electric Utility Line and aquatic environment and the public Stream Bed Telecommunications Activities interest by providing incentives to G. Response to Comments on Specific 58. Utility Line Activities for Water and reduce impacts on jurisdictional waters Nationwide Permits Other Substances and wetlands while effectively H. Responses to Comments on the authorizing activities that have no more Nationwide Permit General Conditions Nationwide Permit General Conditions than minimal individual and I. Discussion of Proposed Modifications to 1. Navigation cumulative adverse environmental Section D, District Engineer’s Decision 2. Aquatic Life Movements effects. In this final rule, the Corps is J. Discussion of Proposed Modifications to 3. Spawning Areas reissuing and modifying 12 existing Section F, Definitions 4. Migratory Bird Breeding Areas NWPs and issuing four new NWPs. For III. Compliance With Relevant Statutes 5. Shellfish Beds these 16 NWPs, the Corps is also A. National Environmental Policy Act 6. Suitable Material 7. Water Supply Intakes reissuing and modifying the NWP Compliance B. Compliance With Section 404(e) of the 8. Adverse Effects from Impoundments general conditions and definitions. The 9. Management of Water Flows Corps is not reissuing or modifying the Clean Water Act C. 2020 Revisions to the Definition of 10. Fills Within 100-Year Floodplains remaining 40 existing NWPs or 11. Equipment ‘‘Waters of the United States’’ (i.e., the 12. Soil Erosion and Sediment Controls finalizing proposed new NWP E at this Navigable Waters Protection Rule) time. Those 40 remaining NWPs 13. Removal of Temporary Fills D. Compliance With the Endangered 14. Proper Maintenance continue to be in effect under the Species Act January 6, 2017, final rule and the 15. Single and Complete Project E. Compliance With the Essential Fish 16. Wild and Scenic Rivers existing general conditions and Habitat Provisions of the Magnuson- 17. Tribal Rights definitions in the 2017 final rule Stevens Fishery Conservation and 18. Endangered Species continue to apply to those permits. Management Act 19. Migratory Birds and Bald and Golden DATES: These 16 NWPs, the 32 general F. Compliance With Section 106 of the Eagles conditions, and the associated National Historic Preservation Act 20. Historic Properties definitions will go into effect on March G. Section 401 of the Clean Water Act 21. Discovery of Previously Unknown 15, 2021. H. Section 307 of the Coastal Zone Remains and Artifacts Management Act (CZMA) 22. Designated Critical Resource Waters ADDRESSES: U.S. Army Corps of IV. Economic Impact 23. Mitigation Engineers, Attn: CECW–CO–R, 441 G V. Administrative Requirements 24. Safety of Impoundment Structures Street NW, Washington, DC 20314– VI. References 25. Water Quality 1000. Authority 26. Coastal Zone Management 27. Regional and Case-by-Case Conditions Nationwide Permits, Conditions, Further FOR FURTHER INFORMATION CONTACT: Mr. 28. Use of Multiple Nationwide Permits David Olson at 202–761–4922 or access Information, and Definitions 29. Transfer of Nationwide Permit the U.S. Army Corps of Engineers List of Acronyms Verifications Regulatory Home Page at https:// 30. Compliance Certification www.usace.army.mil/Missions/Civil- BMP Best Management Practice 31. Activities Affecting Structures or Works Works/Regulatory-Program-and- CEQ Council on Environmental Quality Built by the United States Permits/. CWA Clean Water Act 32. Pre-Construction Notification DA Department of the Army SUPPLEMENTARY INFORMATION: EFH Essential Fish Habitat I. Background Table of Contents ESA Endangered Species Act A. General FWS U.S. Fish and Wildlife Service I. Background GC General Condition The U.S. Army Corps of Engineers A. General (Corps) issues nationwide permits B. Overview of Proposed Rule NEPA National Environmental Policy Act NHPA National Historic Preservation Act (NWPs) to authorize activities under C. Overview of This Final Rule Section 404 of the Clean Water Act and D. Status of Existing Permits NMFS National Marine Fisheries Service E. Nationwide Permit Verifications NPDES National Pollutant Discharge Section 10 of the Rivers and Harbors Act F. Executive Order 13783, Promoting Elimination System of 1899, where those activities will Energy Independence and Economic NWP Nationwide Permit result in no more than minimal Growth PCN Pre-construction Notification individual and cumulative adverse VerDate Sep<11>2014 18:34 Jan 12, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\13JAR2.SGM 13JAR2 Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations 2745 environmental effects. NWPs were first than 5 years) in a specific geographic engineer may add conditions to the issued by the Corps in 1977 (42 FR region. These concepts are defined in NWP authorization to ensure that the 37122) to authorize categories of paragraph 2 of section D, ‘‘District verified NWP activity results in no more activities that have minimal adverse Engineer’s Decision.’’ The appropriate than minimal individual and effects on the aquatic environment, for geographic area for assessing cumulative cumulative adverse environmental the purpose of streamlining the effects is determined by the decision- effects, consistent with processes and authorization process for those minor making authority for the general permit requirements set out in 33 CFR 330.5(d). activities. After 1977, NWPs have been (generally, the district engineer). See Section II.G for more information on issued or reissued in 1982 (47 FR Some NWPs include pre-construction regional conditions for the NWPs. 31794), 1984 (49 FR 39478), 1986 (51 FR notification (PCN) requirements. PCNs For some NWPs, when submitting a 41206), 1991 (56 FR 59110), 1995 (60 FR give the Corps the opportunity to PCN, an applicant may request a waiver 38650), 1996 (61 FR 65874), 2000 (65 FR evaluate certain proposed NWP for a particular limit specified in the 12818), 2002 (67 FR 2020), 2007 (72 FR activities on a case-by-case basis to NWP’s terms and conditions. If the 11092), 2012 (77 FR 10184), and 2017 ensure that they will cause no more applicant requests a waiver of an NWP (82 FR 1860). than minimal adverse environmental limit and the district engineer Section 404(e) of the Clean Water Act effects, individually and cumulatively. determines, after coordinating with the provides the statutory authority for the Except for activities conducted by non- resource agencies under paragraph (d) of Secretary of the Army, after notice and Federal permittees that require PCNs NWP general condition 32, that the opportunity for public hearing, to issue under paragraph (c) of the ‘‘Endangered proposed NWP activity will result in no general permits on a nationwide basis Species’’ and ‘‘Historic Properties’’ more than minimal adverse for any category of activities involving general conditions (general conditions environmental effects, the district discharges of dredged or fill material 18 and 20, respectively), if the Corps engineer may grant such a waiver. into waters of the United States for a district does not respond to the PCN Following the conclusion of the district period of no more than five years after within 45 days of a receipt of a complete engineer’s review of a PCN, he/she the date of issuance (33 U.S.C. 1344(e)). PCN, the activity is deemed authorized prepares an official, publicly-available The Secretary’s authority to issue by the NWP (see 33 CFR 330.1(e)(1)). decision document. This document permits has been delegated to the Chief In fiscal year 2018, the average discusses the district engineer’s findings of Engineers and his or her designated processing time for an NWP PCN was 45 as to whether a proposed NWP activity representatives. Nationwide
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