/Vol. 76, No. 32/Wednesday, February 16, 2011/Notices
DEPARTMENT OF DEFENSEDepartment of the Army, Corps ofEngineers
Proposal To Reissue and ModifyNationwide Permits
Army Corps of Engineers, DoD.
The U.S. Army Corps of Engineers (Corps) is solicitingcomments for the reissuance of theexisting nationwide permits (NWPs),general conditions, and definitions,with some modifications. The Corps isalso proposing to issue two new NWPsand two new general conditions. TheCorps is requesting comment on allaspects of these proposed nationwidepermits. More specifically, the Corps isrequesting comments on options forNWP 21, which authorizes discharges of dredged or fill material into waters of the United States associated withsurface coal mining activities, such asreissuing NWP 21 with modifications ornot reissuing NWP 21. The Corps is alsoseeking comments on whether to reissueNWP 48 with modifications to authorizenew commercial shellfish aquacultureactivities or to issue a separate NWP toauthorize only new commercialshellfish aquaculture activities. Thereissuance process starts with today’spublication of the proposed NWPs inthe
for a 60-daycomment period. The purpose of this
notice is to solicitcomments on the proposed new andmodified NWPs, as well as the NWPgeneral conditions and definitions.Shortly after the publication of this
notice, each Corpsdistrict will publish a public notice tosolicit comments on their proposedregional conditions for the new andmodified NWPs. The comment periodfor these district public notices will be45 days.
Submit comments on or beforeApril 18, 2011.
You may submit comments,identified by docket number COE–2010–0035 and/or ZRIN 0710–ZA05, byany of the following methods:
Follow theinstructions for submitting comments.
. Include the docket number, COE–2010–0035, and/or the ZRIN number, 0710–ZA05, in the subject line of the message.
U.S. Army Corps of Engineers,Attn: CECW–CO–R, 441 G Street, NW.,Washington, DC 20314–1000.
Due tosecurity requirements, we cannotreceive comments by hand delivery orcourier.
Direct your comments todocket number COE–2010–0035 and/orZRIN 0710–ZA05. All commentsreceived will be included in the publicdocket without change and may bemade available on-line at
,including anypersonal information provided, unlessthe commenter indicates that thecomment includes information claimedto be Confidential Business Information(CBI) or other information whosedisclosure is restricted by statute. Donot submit information that youconsider to be CBI, or otherwiseprotected, through regulations.gov ore-mail. The regulations.gov Web site isan anonymous access system, whichmeans we will not know your identityor contact information unless youprovide it in the body of your comment.If you send an e-mail directly to theCorps without going throughregulations.gov, your e-mail addresswill be automatically captured andincluded as part of the comment that isplaced in the public docket and madeavailable on the Internet. If you submitan electronic comment, we recommendthat you include your name and othercontact information in the body of yourcomment and with any disk or CD–ROMyou submit. If we cannot read yourcomment because of technicaldifficulties and cannot contact you forclarification, we may not be able toconsider your comment. Electroniccomments should avoid the use of anyspecial characters, any form of encryption, and be free of any defects orviruses.
For access to the docket toread background documents orcomments received, go toregulations.gov. All documents in thedocket are listed. Although listed in theindex, some information is not publiclyavailable, such as CBI or otherinformation whose disclosure isrestricted by statute. Certain othermaterial, such as copyrighted material,is not placed on the Internet and will bepublicly available only in hard copyform.
FOR FURTHER INFORMATION CONTACT
Mr.Dave Casey at 907–283–3519 or 202–761–5903 or Mr. David Olson at 202–761–4922 or access the U.S. Army Corpsof Engineers Regulatory Home Page at
The current nationwide permits(NWPs), which were published in theMarch 12, 2007, issue of the
(72 FR 11092) expire on March18, 2012. With this
notice, we are beginning the process forreissuing the NWPs so that the reissuedNWPs will be in effect as the currentNWPs expire.Section 404(e) of the Clean Water Actprovides the statutory authority for theSecretary of the Army, after notice andopportunity for public hearing, to issuegeneral permits on a nationwide basisfor any category of activities involvingdischarges of dredged or fill materialinto waters of the United States.Activities authorized by NWPs must besimilar in nature, cause only minimaladverse environmental effects whenperformed separately, and cause onlyminimal cumulative adverse effect onthe aquatic environment. Nationwidepermits can also be issued to authorizeactivities pursuant to Section 10 of theRivers and Harbors Act of 1899. TheNWP program is designed to providetimely authorizations for the regulatedpublic while protecting the Nation’saquatic resources.Today’s proposal to reissue 48 of the49 existing NWPs with somemodifications and to issue two newNWPs reflects the Corps commitment toits environmental protection missionand to aquatic resource protection. Forthe reasons provided below, we areproposing to let one NWP expire andnot reissue it: NWP 47—Pipeline SafetyProgram Designated Time SensitiveInspections and Repairs. We areproposing to revise the text of some of the NWPs, general conditions, anddefinitions so that they are clearer andcan be more easily understood by theregulated public, government personnel,and interested parties, while retainingterms and conditions that protect theaquatic environment. Making the text of the NWPs clearer and easier tounderstand will also facilitatecompliance with these permits, whichwill benefit the aquatic environment.The NWP program allows the Corps toauthorize activities with minimaladverse environmental impacts in atimely manner and protect the aquaticenvironment. The NWP program alsoallows the Corps to focus its limitedresources on more extensive evaluationof projects that have the potential forcausing environmentally damagingadverse effects.Through the NWPs, impacts to theaquatic environment may also receiveadditional protection through regionalconditions, case-specific special
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