74984 Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the internet at http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

DoD Clearance Officer: Ms. Angela 

Duncan. 

Requests for copies of the information 

collection proposal should be sent to 

Ms. Duncan at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil. 

Dated: October 24, 2023. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2023–24063 Filed 10–31–23; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

[Docket ID: USA–2023–HQ–0016] 

Proposed Collection; Comment 

Request 

AGENCY: U.S. Army Corps of Engineers 

(USACE), Department of the Army, 

Department of Defense (DoD). 

ACTION: 60-Day information collection 

notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

U.S. Army Corps of Engineers 

announces a proposed public 

information collection and seeks public 

comment on the provisions thereof. 

Comments are invited on: whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall have 

practical utility; the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection; ways 

to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by January 2, 2024. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Department of Defense, Office of 

the Assistant to the Secretary of Defense 

for Privacy, Civil Liberties, and 

Transparency, 4800 Mark Center Drive, 

Mailbox #24, Suite 08D09, Alexandria, 

VA 22350–1700. 

Instructions: All submissions received 

must include the agency name, docket 

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 http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to Headquarters, U.S. Army 

Corps of Engineers, 441 G Street NW, 

Washington, DC 20314–1000, ATTN: 

Mr. Matt Wilson, or call 202–761–5856. 

SUPPLEMENTARY INFORMATION: 

Title; Associated Form; and OMB 

Number: Jurisdictional Determination 

Forms and Aquatic Resources 

Delineation Forms; ENG Forms 6116 (0– 

9), 6245–6250, 6281 (1–2); OMB Control 

Number 0710–0024. 

Needs and Uses 

Jurisdictional Determination Forms 

The U.S. Army Corps of Engineers 

(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 waters of 

the United States’’ 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 (EPA) 

and Department of the Army (the 

agencies) issued a final rule to amend 

the final ‘‘Revised Definition of ‘Waters 

of the United States’’’ rule, published in 

the Federal Register on January 18, 

2023. This final rule conforms the 

definition of ‘‘waters of the United 

States’’ 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 Clean Water Act 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 ’Waters of the 

United States’; 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 ‘‘waters of the United 

States’’ 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 210 / Wednesday, November 1, 2023 / Notices 74985 

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 will reduce the time 

and effort required to complete these 

processes. 

Non-tidal, non-wetland waters of the 

United States, 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 which will 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. 

Request for Corps Jurisdictional 

Determination (ENG 6247) 

Annual Burden Hours: 2,815. 

Number of Respondents: 16,891. 

Responses per Respondent: 1. 

Annual Responses: 16,891. 

Average Burden per Response: 10 

minutes. 

Approved Jurisdictional Determination 

Forms (ENG 6245, 6248, & 6281) 

Annual Burden Hours: 1,670. 

Number of Respondents: 668. 

Responses per Respondent: 1. 

Annual Responses: 668. 

Average Burden per Response: 150 

minutes. 

Rapanos Dry Land AJD Form (ENG 

6246) 

Annual Burden Hours: 61. 

Number of Respondents: 243. 

Responses per Respondent: 1. 

Annual Responses: 243. 

Average Burden per Response: 15 

Minutes. 

Preliminary JD Form (Eng 6249) 

Annual Burden Hours: 625. 

Number of Respondents: 1,500. 

Responses per Respondent: 1. 

Annual Responses: 1,500. 

Average Burden per Response: 25 

Minutes. 

Ordinary High Water Mark Data Sheet 

(Eng 6250) 

Annual Burden Hours: 19,990. 

Number of Respondents: 39,980. 

Responses per Respondent: 1. 

Annual Responses: 39,980. 

Average Burden per Response: 30 

Minutes. 

Automated Wetland Data Sheets (Eng 

6116 (0–9)) 

Annual Burden Hours: 48,692. 

Number of Respondents: 48,692. 

Responses per Respondent: 2. 

Annual Responses: 97,384. 

Average Burden per Response: 30 

Minutes. 

Total 

Annual Burden Hours: 73,853. 

Number of Respondents: 107,974. 

Annual Responses: 156,666. 

Frequency: On Occasion. 

Dated: October 24, 2023. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2023–24069 Filed 10–31–23; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2023–HA–0068] 

Submission for OMB Review; 

Comment Request 

AGENCY: Office of the Assistant 

Secretary of Defense for Health Affairs 

(OASD(HA)), 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 December 1, 

2023. 

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: 

Angela Duncan, 571–372–7574, whs.mcalex.esd.mbx.dd-dod-informationcollections@mail.mil. 

SUPPLEMENTARY INFORMATION: 

Title; Associated Form; and OMB 

Number: Third Party Collection Program 

(Insurance Information); DD Form 2569; 

OMB Control Number 0720–0055. 

Type of Request: Extension. 

Number of Respondents: 3,570,000. 

Responses per Respondent: 1.5. 

Annual Responses: 5,355,000. 

Average Burden per Response: 4 

minutes. 

Annual Burden Hours: 357,000 hours. 

Needs and Uses: The DoD is 

authorized to collect ‘‘reasonable 

charges’’ from third party payers for the 

cost of inpatient and outpatient services 

rendered at military treatment facilities 

(MTFs) to military retirees, all 

dependents, and other eligible 

beneficiaries who have private health 

insurance. The DoD may also collect the 

cost of trauma or other medical care 

provided from civilians (or their 

insurers), and/or the average cost of 

health care provided to beneficiaries at 

DoD MTFs from other federal agencies. 

For DoD to perform such collections, 

eligible beneficiaries may elect to 

provide DoD with other health 

insurance information. For civilian 


ddrumheller on DSK120RN23PROD with NOTICES1