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45 i4 Federal Register/Vol. 66, No. 11/Wednesday, January'17, 2001/~2ules and ?.egulations iacoasistent with applicable law or those communitles, unless the Federal involving regulated activities in wateta otherwise impractical. Voluntary government provides the funds of the U.S. without foal seeking end consensus staadazds are technical necessary to pay the duel compliance obtaining an appropriate permit standards (e.g., materials spedfiratioas, cost incurred by the Tribal governments, authorization from the Corps. Aa h l h h l i d i i d l d d t wit test met or we consu t ose governments. o s, samp ing proce ures, an business ed or If we com consultin Executive radicea) th t ar dev lo l b exp a ne n sect ons II end III of toda 's reamble the rule doe ot lt p p a e e p y y g, y p , s n a er adopted by voluntary consensus Czder 13084 requires ue to provide the or enlazge section 404 program standards bodies. The NTTM duects Office of Management and Budget, is a jurisdtction and therefore does not affect us to provide Congress, through OMB, separately identified section of the a diacharger's obligation to obtain a explanations when we deride not to use preamble to the rule, a description of section 404 permit for any discharge of available and applicable voluntary the extent of our prior consultation with dredged materiel into waters of the U.S. consensus standards. representatives of affected Tribal Rather, the rule identifies what types of This rule does not involve technical governments, a summary of the nature activities ere likely w give rise to an standards. Therefore, we did not of their concerns, and a statement obliggation to obtain such a permit under considerlag the uce of any voluntary supporting the need to issue the the defutitioa of "discharge of dredged consensw cteadards. regulation In addition, Executive Order material" contained in ma existing G. Executive Order 13045 19084 requires us to develop as regulations. Accordingly, the Corps effective process permitting elected continues to believe an EIS ie not Executive Order 13045, entitled offidals sad other representatives of warranted end bee prepared as Protection of Children From Indian Tribal governments "w provide environmental assessment (EA) for the Environmental Health Rinks and Safety meaniagfiil sad timely input is the rule. Risks (62 FR 19885, Apri123, 1997), applies to any role thaC (1) Wen development of regulatory polides on mattets that aignifitanUyor uniquely I Congressional RevfewAd initiated after Apri121, 1897, Or for ~ gffg~t theII' communities," The Congressional Review Act, 5 which a entice of proposed rulemakiag Today's rule does not significantly m U.S.C. 801 et seq., as added by the Small was published after Apri121, 1998: (2) uniquely effect the communities of Business Regulatory Eafomemeat is determined to be "economically Indian Trbal governments, nor dose it . Faimesa Ad of 1996, generally provides significant" u defined under Executive impose significant rnmpliance costs oa tLat before a Wile may take effect, the Order 12868, sad (3) concerns as them, AB explained in sections II and III agency promulgating the rule must environmental health or safety risk that of today'spr amble, the rule does not submit a rule report, which includes a we have reason to believe may have a alter or emerge section 404 program copy of the Wile, to each House of the disproportionate effect on children. If jurisdiction and therefore does not affect Congress end to the Comptroller G®erel the regulatmy action meets all three a diadterger'e obligation to obtain a of the United Stelae We wiII submit a criteria, we must evaluate the section 404 permit for any discharge of report containing this Wile and other' environmental health or safety effectg of dredged mateaal into waters of the U.S, required information to the U.S. Senate, the planned rule on children, end Rather, the role identifies what types of the U.S. House of Representetivea, and explain why the pleased regulation L activities era ]ike]y to give rlae to ea the Compnvller General of the United preferable to other potentially effective sad reasonabl fea tiv ibl lt th t obllggatioa to obtain such a permit under t,n a fi iti f "di f d d d h d States pnor to publication of the rule is y s e e erna ee a o ar e e n on o o re ge t the Federal Register. A major role we considered. materiel" contained in our existing cannot take effect until so days after it This final rule ie not subject is regulations. Accordingly, the is published in the Federal $egister, Executive Order 13045 because it is sot _ __. .. _ - - - re eats of section 3(bLof-- - _ Vim- - -.-. .. ~is n,la ; a nnr a"major rule"a8-. - - - - - ~~ --eueconomrcall y rgntBCaa gu] a mf y = s FScecutive Order 13084 do not apply to - - ~ defined bq 5 U.S.C. 804(2). TLis rule nation 88 defined b9 Executive Order this rule. will be effective February 18, 2001. 12868. As expained in sections II and II< of tcday'e preamble, the rule does nob I. Eavfmnmente! lbcumerdation -List of Subjects ~- fllter or enlarge section 404 program AB regttued by the National 33 CFR Part 323 jurisdiction and therefore does net affect e diacharger'e obligator to obtain a Environmental Policy Ad (NEPAL, the Corps preperes appropriate Water pollution control, Waterways. section 404 permit for any dis~ee of environmental documeatatioa for its 40 CFR Part 232 dredged materiel into water~'of the U.S. Rather, the rule identifies what types of activities affecting the quality of the Environmental protection, human environment The Corps has Intergovemmeatel relaUoms, Water ' activities ere likely to give rise to en made a detemvaation that today s rule p ollution wntrol, obli tion m obtain such a permit under ~ " does not coastimte a major Federal , lit ti i ifi tl fe ti th f E i C the finitioa of discharge of dredged " y ac on s gn can y a ec ng e qua h d orps o ng neers materiel contained is our existing uman environment, an of the va 3 3 CFR Chapter II regulations. Furthermore, it does not does net require the preparation of ea concern ea environmental health or Eavtomnmental Impact Statement (ELS). Accordingly, as set forth in the safety risk that we have reason to Oae commenter' expressed the view that preamble 33 CFR pert 323 i& amended believe may have a disproportionate as Environmental Impact Statement as set forth below: effect an children. (EfS) wen necessary for the role. However as wa noted in the proposed PRAT 323-{AMENDED] H. Erecvtive Order 13084 -Under Executive Order 13064, we may sot issue a regulation that is not required by statute, if it significantly or uniquely affects the communities of Indian Tribal governments end imposes substantial direct compliance costa on rule's preamble, the Corps prepares appropriate IPA 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 nay work 1. The authority dtatioa for part 323 continues to read as follows: Authority: 35 U.S.G 1341. 2. Amend section 323.2 as follows: a. In paza~aph (d)(1) introductory text, remove the words "paragraph