PERMFILE47064

• Permit No: M2001001
• IBM Index Class Name: Permit File
• Doc Date: 1/17/2001
• Doc Name: FEDERAL REGISTER
• Section_Exhibit Name: EXHIBIT K 3
• Media Type: D
• Archive: No

~ r • •
' •' ~<~?Q~ rederal Register(Vol. 66, No. 1]1Wednesday; January 17, 2001/Rules and Regulations
inconsistent wi[b applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
us to provide Congress, through OMB,
explanations when we decide not to use
available and applicable voluntary
consensus standards.
This rule does not involve technical
standazds. Therefore, we did not
considering the use of any voluntary
consensus standards.
G. Executive Order ]3045
Executive Order 13045, entitled
Protection of Children From
Environmental Health Risks and Safety
Risks (fit FR 19885, April 23, 1997),
applies to any rule that: (1) Was
initiated after April 21, 1997, or for
which a notice of proposed rulemaking
was published after April 21, 1998; (2)
is determined to be "economically
significant" as defined under Executive
Order 12866, and (3) concerns an
environmental health or safety risk that
we have reason to believe may have a
disproportionate effect on children. if
the regulatory action meets all three
criteria, we must evaluate the
environmental health of safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives that
we considered.
This final rule is not subject [o
Executive Order 13045 because it is no[
an economically significant regulatory
action as defined by Executive Order
12866. As explained in sections II and
III of today's preamble, the rule does not
alter or enlarge section 409 program
jurisdiction and therefore does not affect
a discharger's obligation to obtain a
section 404 permit for any discharge of
dredged material into waters of the U.S.
Rather, the rule identifies what types of
activities are likely to give rise to an
obligation to obtain such a permit under
the definition of "discharge of dredged
material" contained in our existing
regulations. Furthermore, it does not
concern an environmental health or
safety risk that we have reason to
believe may have a disproportionate
effect on children.
H. Executive Order 13089
Under Executive Order 13084, we
may not issue a regulation that is not
required by statute, if it significantly or
uniquely affects the communities of
Indian Tribal governments and imposes
substantial direct compliance costs on
those communities, unless the Federal
government provides the funds
necessary to pay the direct compliance
cost incurred by the Tribal governments,
or we consult with those governments.
If we comply by consulting, Executive
Order 13084 requires us to provide the
Office of Management and Budget, in a
separately identified section of the
preamble to the rule, a description of
the extent of our prior consultation with
representatives of affected Tribal
governments, a summary of the nature
of their concerns, and a statement
supporting the need to issue the
regulation. In addition, Executive Order
13084 requires us to develop an
effective process permitting elected
officials and other representatives of
Indian Tribal governments "to provide
meaningful and timely input in the
development of regulatory policies on
matters that significantly or uniquely
affect their communities."
Today's tole does not significantly or
uniquely affect the communities of
Indian Tribal governments, nor does it
impose significant compliance costs on
them. As explained in sections II and III
of today's preamble, the rule does not
alter or enlarge section 404 program
jurisdiction and therefore does not affect
a discharger's obligation to obtain a
section 404 permit for any discharge of
dredged material into waters of the U. S.
Rather, the rule identifies what types of
activities are likely to give rise to an
obligation to obtain such a permit under
the definition of "discharge of dredged
material" contained in our existing
regulations. Accordingly, the
requirements of section 3(b) of
Executive Order 13084 do not apply to
this rule.
7. Environmental Documentation
As required by the National
Environmental Policy Act (NEPA), the
Corps prepares appropriate
environmental documentation Eor its
activities affecting the quality of the
human environment. The Corps has
made a determination that today's rule
does not constitute a major Federal
action significantly affecting the quality
of the human environment, and thus
does not require the preparation of an
Environmental Impact Statement (EIS).
One commenter expressed the view that
an Environmental Impact Statement
(EIS) was necessary for the rule.
However, as we noted in the proposed
rule's preamble, the Corps prepares
appropriate NEPA documents, when
required, covering specific permit
situations. The implementation of
today's rule would not authorize anyone
(e.g., any landowner or permit
applicant) to perform any work
involving regulated activities in waters
of the U.S. without first seeking and
obtaining an appropriate permit
authorization from the Corps. As
explained in sections II and III of
today's preamble, the rule does not alter
or enlarge section 404 program
jurisdiction and therefore does not affect
a discharger's obligation to obtain a
section 404 permit for any discharge of
dredged material into waters of the U.S.
Rather, the rule identifies what types of
activities are likely to give rise to an
obligation to obtain such a permit under
the definition of "discharge of dredged
material" contained in our existing
regulations. Accordingly, the Corps
continues to believe an EIS is not
warranted and has prepared an
environmental assessment (EA) for the
rule.
/. Congressional Review Ac[
The Congressional Review Act. 5
U.S.C. 801 et seq., es added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. We will submit a
report containing this rule and other
required information to the U.S. Senate.
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days aker it
is published in the Federal Register.
This rule is not a "major rule" as
defined by 5 U.S.C. 804(2). This rule
will be effective February I6, 2001.
List oFSubjects
33 CFR Part 323
Water pollution control, Waterways
40 CFR Part 232
Environmental protection,
Intergovernmental relations, Water
pollution control.
Corps of Engineers
33 CFR Chapter II
Accordingly, as set forth in the
preamble 33 CFR part 323 is amended
as set forth below:
PART 323-[AMENDED]
1. The authority citation for part 323
continues to read as follows:
Authority: 33 U.S.C. 1344.
2. Amend section 323.2 as follows:
a. In paragraph (d)(1) introductory
text, remove the words "pazagraph