Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Notices 17281 

address: The target population to which 

generalizations will be made, the 

sampling frame, the sample design 

(including stratification and clustering), 

the precision requirements or power 

calculations that justify the proposed 

sample size, the expected response rate, 

methods for assessing potential 

nonresponse bias, the protocols for data 

collection, and any testing procedures 

that were or will be undertaken prior to 

fielding the study. Depending on the 

degree of influence the results are likely 

to have, such collections may still be 

eligible for submission for other generic 

mechanisms that are designed to yield 

quantitative results. 

Affected Public: Individuals or 

households; Businesses or other forprofits; Not-for-profit institutions; 

Federal Government; State, Local, or 

Tribal Governments. 

Frequency: On occasion. 

Respondent’s Obligation: Voluntary. 

OMB Desk Officer: Ms. Jasmeet 

Seehra. 

You may also submit comments and 

recommendations, identified by Docket 

ID number and title, by the following 

method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name, Docket 

ID 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. 

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: March 22, 2022. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2022–06473 Filed 3–25–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

Notice of Virtual Public and Tribal 

Meetings Regarding the Review of 

Nationwide Permit 12; Establishment 

of a Public Docket; Request for Input 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice; announcement of virtual 

public and tribal meeting dates and 

solicitation of input. 

SUMMARY: The Department of the Army 

and the U.S. Army Corps of Engineers 

(Corps) (together, ‘‘Army’’), are 

publishing this notice to announce a 

formal review of Nationwide Permit 

(NWP) 12 for Oil or Natural Gas 

Pipeline Activities. This review 

includes a series of public and tribal 

virtual meetings to gather input to 

inform future potential decision-making 

related to NWP 12 as well as a public 

docket to gather written comments. 

DATES: Written recommendations must 

be received on or before May 27, 2022. 

The Army will hold public virtual 

meetings on the following dates: May 

10, 2022, May 12, 2022, May 17, 2022, 

and May 19, 2022. In addition, the 

Army will hold tribal virtual meetings 

on the following dates: May 11, 2022 

and May 18, 2022. Please refer to the 

SUPPLEMENTARY INFORMATION section 

below for additional information on 

these virtual meetings. 

ADDRESSES: You may send written 

feedback, identified by Docket ID No. 

COE–2022–0003, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting written 

feedback. 

• Email: usarmy.pentagon.hqda-asacw.mbx.asa-cw-reporting@army.mil and 

nationwidepermit12@usace.army.mil. 

Include Docket ID No. COE–2022–0003 

in the subject line of the message. 

Instructions: All submissions received 

must include Docket ID No. COE–2022– 

0003. Written feedback received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. Out of 

an abundance of caution for the health 

of members of the public and staff and 

to reduce the risk of transmitting 

COVID–19, the Army cannot currently 

accept hand delivery of comments. The 

Army encourages the public to submit 

written feedback via https://

www.regulations.gov/ or email, as there 

may be a delay in processing mail and 

faxes. 

FOR FURTHER INFORMATION CONTACT: 

Stacey Jensen, in writing at the Office of 

the Assistant Secretary of the Army 

(Civil Works), 108 Army Pentagon, 

Washington, DC 20310–0108; by 

telephone at 703–697–4671; and by 

email at usarmy.pentagon.hqda-asacw.mbx.asa-cw-reporting@army.mil; or, 

David Olson, in writing at Regulatory 

Program, Headquarters, U.S. Army 

Corps of Engineers at 441 G. Street NW, 

Washington, DC 20314; by telephone at 

202–761–4922; and by email at 

nationwidepermit12@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 13, 2021, the Department 

of the Army, U.S. Army Corps of 

Engineers (Corps) published a final rule 

(86 FR 2744) reissuing and modifying 12 

existing Nationwide Permits (NWPs) 

and issuing four new NWPs, as well as 

the NWP general conditions and 

definitions. In addition, the Corps 

published another final rule (86 FR 

73522) reissuing 40 NWPs and issuing 

one new NWP on December 27, 2021. 

Both sets of NWPs are currently set to 

expire on March 14, 2026. 

The NWPs authorize certain activities 

under Section 404 of the Clean Water 

Act and Section 10 of the Rivers and 

Harbors Act of 1899 with no more than 

minimal individual and cumulative 

adverse effects to the environment. 

Section 404(e) of the Clean Water Act 

provides the statutory authority for 

NWP issuance, after notice and 

opportunity for public hearing, for a 

period of no more than five years after 

the date of issuance (33 U.S.C. 1344(e)). 

Nationwide permits are a type of general 

permit and are designed to regulate with 

little, if any, delay or paperwork certain 

activities in federally jurisdictional 

waters and wetlands (see 33 CFR 

330.1(b)). This program can incentivize 

project proponents to reduce the 

adverse effects of their planned 

activities that would otherwise require 

an individual permit under Section 404 

of the Clean Water Act and/or Section 

10 of the Rivers and Harbors Act of 

1899, in order to qualify for NWP 

authorization. The categories of 

activities authorized by NWPs must be 

similar in nature, cause only minimal 

adverse environmental effects when 

performed separately, and have only 

minimal cumulative adverse effects on 

the environment (see 33 U.S.C. 

1344(e)(1)). By regulation, NWPs can be 

modified, reissued, revoked, or 

suspended before they expire (see 33 

CFR 330.5). 


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17282 Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Notices 

NWPs were first issued by the Corps 

in 1977 (42 FR 37122) to authorize 

categories of activities that have 

minimal adverse effects on the aquatic 

environment, for the purpose of 

streamlining the authorization process 

for those minor activities. One such 

activity authorized in 1977 was for 

‘‘Utility lines,’’ which included ‘‘any 

pipe or pipeline for the transportation of 

any gaseous, liquid, liquifiable, or slurry 

substance, for any purpose, and any 

cable, line, or wire for the transmission 

for any purpose of electrical energy, 

telephone and telegraph messages, and 

radio and television communication’’ 

(42 FR 37146). Over the iterations of the 

NWPs issued since 1977, this NWP has 

evolved and is commonly referred to as 

‘‘NWP 12.’’ 

During the previous Administration, a 

review effort was conducted consistent 

with Executive Order 13783, Promoting 

Energy Independence and Economic 

Growth, concluding with a report issued 

by the Office of the Assistant Secretary 

of the Army for Civil Works on October 

25, 2017. The November 28, 2017 issue 

of the Federal Register (82 FR 56192) 

published a notice of availability for 

that report. The report included 

recommendations for modifying NWP 

12 (e.g., lowering the number of PreConstruction Notification (PCN) 

requirements) which informed the 

current version of NWP 12. 

In the NWPs published in January 

2021 (86 FR 2744), NWP 12 was 

modified and reissued expressly for 

‘‘Oil or Natural Gas Pipeline Activities.’’ 

That final rule limited NWP 12 to only 

include oil or natural gas pipelines 

rather than all utility lines, as in 

previous NWP 12 versions. The January 

2021 NWP 12 also removed a number of 

PCN requirements previously required 

for the NWP but also included a new 

PCN requirement for new oil or natural 

gas pipelines greater than 250 miles in 

length. 

For ease of reference, the full text of 

the current NWP 12 issued on January 

13, 2021 can be found at 86 FR 2860. 

Note that the general conditions and 

definitions, such as ‘‘single and 

complete linear project’’ (86 FR 2877), 

issued under the same rule action in 

January 2021 also apply to NWP 12. 

II. Review of the Nationwide Permit 12 

Pursuant to Corps regulations, the 

Chief of Engineers is authorized at any 

time to consider whether modifications 

or other future actions on an existing 

NWP 12 may be appropriate. If the Chief 

of Engineers determines that an action 

may be appropriate, it implements any 

such action through the procedures set 

forth in 33 CFR 330.5. 

President Biden signed an Executive 

Order on January 20, 2021, providing 

that ‘‘[i]t is, therefore, the policy of my 

Administration to listen to the science; 

to improve public health and protect 

our environment; to ensure access to 

clean air and water; to limit exposure to 

dangerous chemicals and pesticides; to 

hold polluters accountable, including 

those who disproportionately harm 

communities of color and low-income 

communities; to reduce greenhouse gas 

emissions; to bolster resilience to the 

impacts of climate change; to restore 

and expand our national treasures and 

monuments; and to prioritize both 

environmental justice and the creation 

of the well-paying union jobs necessary 

to deliver on these goals.’’ Protecting 

Public Health and the Environment and 

Restoring Science to Tackle the Climate 

Crisis, Executive Order 13990, 86 FR 

7037 (Jan. 25, 2021). The order further 

‘‘directs all executive departments and 

agencies (agencies) to immediately 

review . . . the promulgation of Federal 

regulations and other actions during the 

last 4 years that conflict with these 

important national objectives, and to 

immediately commence work to 

confront the climate crisis.’’ See also 

Fact Sheet: List of Agency Actions for 

Review, available at https://

www.whitehouse.gov/briefing-room/ 

statements-releases/2021/01/20/factsheet-list-of-agency-actions-for-review/ 

(last visited on March 22, 2022), which 

included the January 2021 ‘‘Reissuance 

and Modification of Nationwide 

Permits’’ (86 FR 2744) in the ‘‘list of 

agency actions that heads of the relevant 

agencies will review in accordance with 

the Executive Order.’’ 

Therefore, in conformance with 

Executive Order 13990, and for the 

reasons below, this Federal Register 

notice announces a formal review of 

NWP 12 to determine whether any 

future actions may be appropriate under 

33 CFR 330.5 for NWP 12 prior to its 

March 14, 2026 expiration. The Army 

seeks input on the appropriate balance 

for allowing efficient authorization 

processes with due consideration for the 

potential effects of oil and natural gas 

pipelines as well as the need to engage 

and inform the public, particularly 

communities that potentially may be 

impacted by pipeline construction and 

operations. 

Previous uses of NWP 12 have raised 

concerns identified in Executive Order 

13990, such as environmental justice, 

climate change impacts, drinking water 

impacts, and notice to impacted 

communities. By way of example, in 

one recent scenario associated with the 

now defunct Byhalia oil pipeline, the 

Corps is aware that disadvantaged 

communities in Memphis, Tennessee 

expressed environmental justice 

concerns that the proposed pipeline was 

to be located in an area which was 

already the site of many industrial and 

emission sources, would result in 

increased air emissions, and would be 

routed through a drinking water well 

field providing drinking water to 

communities and businesses in 

Memphis from the Memphis Sand 

Aquifer. The opposition to the Byhalia 

pipeline identified a concern that the 

NWP 12 process, as applied to the 

specific pipeline in question, did not 

afford any opportunity for notice to the 

community, a written comment period 

or a public hearing prior to the Corps 

providing authorization for the pipeline. 

In July 2021, the Plains All American 

Pipeline Company announced that it 

would not be proceeding with the 

Byhalia pipeline project or NWP 12. The 

Army would be interested in receiving 

comments on potential revisions to 

NWP 12, including potential off-ramps, 

to address the type of concerns raised in 

the Byhalia pipeline situation. 

Before deciding on a path forward 

regarding any potential future actions 

which may be taken on NWP 12, the 

Army wants to gather public and tribal 

input on NWP 12 to make an informed 

decision. One important function of this 

engagement is to receive input from all 

stakeholders and perspectives. A series 

of questions are posed below in the 

Stakeholder Engagement Section to 

assist in receiving such input. The Army 

encourages comments on all aspects of 

NWP 12, to include consideration for 

going beyond the current construct 

towards what any new or revised NWP 

12 should look like. 

The Army acknowledges that there is 

not a single Federal agency charged 

with the responsibility for regulating oil 

pipeline routes or construction as well 

as the fact that the Corps has limited 

statutory authorities for construction of 

such pipelines in jurisdictional waters. 

However, that does not preclude 

consideration of alignment of the NWP 

12 with Administration priorities and 

policies established in Executive Order 

13990 (86 FR 7037), Executive Order 

14008, ‘‘Tackling the Climate Crisis at 

Home and Abroad’’ (86 FR 7619), as 

well as due consideration of 

environmental justice and climate 

change factors. In addition, input 

related to compliance with the statutory 

authority for the NWP program (Section 

404(e) of the Clean Water Act) is also of 

pertinent interest. The Army further 

acknowledges that current world events 

have highlighted the unstable nature of 

energy production and that domestic oil 

and natural gas production and 


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Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Notices 17283 

distribution will be considered in the 

review of NWP 12. 

III. Stakeholder Engagement 

The Army poses a series of questions 

detailed below for stakeholder input. 

These questions are only guideposts for 

comments. Input on all aspects of NWP 

12 are welcome. Written input to the 

docket as well as verbal input during 

the virtual meetings are strongly 

encouraged. 

(1) As part of any future action the 

Army may take with respect to NWP 12, 

should the Army consider utilization of 

the procedures in 33 CFR 330.5 in 

advance of the current cycle for 

nationwide permit review? 

(2) Should modifications be 

considered to further ensure NWP 12 

has no more than minimal individual 

and cumulative adverse environmental 

effects under Section 404(e) of the Clean 

Water Act? 

(3) Should modifications to NWP 12 

be considered to provide notice to and 

an opportunity to be heard by 

potentially impacted communities, 

particularly with regard to 

environmental justice communities? 

(4) Would it be prudent for the Corps 

to consider further limits on the NWP 

12, PCN requirements, general 

conditions, and the ability of division 

and district engineers to modify, 

suspend, and revoke NWP 

authorizations to further ensure that the 

NWP 12 causes no more than minimal 

cumulative adverse environmental 

effects at the national, regional, and site 

scales? 

(5) Should distinctions be drawn 

between new construction of oil and 

natural gas pipelines and maintenance 

of existing oil and natural gas pipelines? 

(6) Should distinctions be drawn 

between oil pipelines and natural gas 

pipelines, especially in consideration of 

differences in overall Federal regulation 

of different types of pipelines? 

(7) Does the NWP 12 verification 

process ensure that environmental 

justice and climate change factors are 

adequately considered? 

(8) Are the PCN requirements for the 

current NWP 12 adequate? 

(9) Should there be new triggers for 

oil or natural gas pipeline activities in 

jurisdictional waters that mandate 

review under an individual permit? 

IV. Public Meetings and Outreach 

The Army will hold a series of public 

virtual meetings intended to solicit 

input to inform its review of potential 

future actions regarding NWP 12. The 

Army will hold four virtual meetings 

open to all stakeholders and an 

additional two virtual meetings specific 

for tribal input. Registration information 

for the public and tribal virtual meetings 

is below. Separate notification to tribal 

leaders is also being provided. 

Registration of members of the public 

who wish to attend the virtual meeting 

is required. Spots are limited and those 

unable to attend are encouraged to 

provide written comments to the docket 

which will be given equal 

consideration. Attendees will be asked 

to provide their name, title, affiliation, 

and contact information to include 

email address and daytime telephone 

number at registration. 

Registration instructions can be found 

at the following website: https://

www.army.mil/article/254909. Persons 

or organizations wishing to provide 

verbal input during the meetings will be 

selected on a first-come, first-serve 

basis. Due to the expected number of 

participants, individuals will be asked 

to limit their spoken presentation to 

three minutes. Once the speaking slots 

are filled, participants may be placed on 

a standby list to speak or continue to 

register to listen to the input. 

Supporting materials and written 

feedback from those who do not have an 

opportunity to speak can be submitted 

to the docket as described above. The 

schedule for the NWP 12 virtual 

meetings is as follows: 

Public virtual meetings: 

—May 10, 2022, from 1 p.m. to 3 p.m. 

Eastern, 

—May 12, 2022, from 6 p.m. to 8 p.m. 

Eastern, 

—May 17, 2022, from 1 p.m. to 3 p.m. 

Eastern, and 

—May 19, 2022, from 2 p.m. to 4 p.m. 

Eastern. 

Tribal virtual meetings: 

—May 11, 2022, from 1 p.m. to 3 p.m. 

Eastern, and 

—May 18, 2022, from 2 p.m. to 4 p.m. 

Eastern. 

Michael L. Connor, 

Assistant Secretary of the Army (Civil Works). 

[FR Doc. 2022–06458 Filed 3–25–22; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

[Docket ID USN–2022–HQ–0009] 

Proposed Collection; Comment 

Request 

AGENCY: Department of the Navy, 

Department of Defense (DoD). 

ACTION: 60-Day information collection 

notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Department of the Navy 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 May 27, 2022. 

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, Regulatory Directorate, 

4800 Mark Center Drive, Attn: 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 the Commanding 

General, Marine Corps Recruiting 

Command (G3), Officer Programs, 3280 

Russell Road, Quantico, VA 22134– 

5103, ATTN: Captain David P. Foley, or 

contact Head, Officer Programs or 

Deputy, Officer Programs at 703–784– 

9449. 

SUPPLEMENTARY INFORMATION: 

Title; Associated Form; and OMB 

Number: Personal Information 

Questionnaire; NAVMC 100064; OMB 

Control Number 0703–0012. 

Needs and Uses: The Officer Selection 

Officer (OSO) will forward a Personal 


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