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| DOD/COE | RIN: 0710-AB56 | Publication ID: Spring 2025 |
| Title: Reissuance and Modification of Nationwide Permits | |
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Abstract:
The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act of 1899. The NWPs authorize specific categories of activities in jurisdictional waters and wetlands that have no more than minimal individual and cumulative adverse environmental effects. The NWPs may be issued for a period of no more than five years per statute, and the Corps has the authority to modify or revoke the NWPs before they expire. In January 2021, the Corps reissued or modified 12 existing NWPs and issued four new NWPs along with NWP general conditions and definitions (RIN 0710-AA84) which are set to expire in March 2026. In December 2021, the Corps reissued or modified 40 existing NWPs and issued one new NWP (RIN 0710-AB29) which are also set to expire in March 2026. To avoid potential confusion of having two similar actions processing simultaneously, the formal review of NWP 12 (RIN 0710-AB51) which began in March 2022 was withdrawn to be replaced with the current rulemaking effort to reissue and modify all of the NWPs, including NWP 12. This proposal to reissue or modify the NWPs is a separate action from the formal review of NWP 12 that was withdrawn. While not required, the Corps is exercising its discretion and considered comments obtained during the formal review of NWP 12 as part of the development of this proposed rule. |
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| Agency: Department of Defense(DOD) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| EO 14192 Designation: Deregulatory | |
| CFR Citation: 33 CFR ch 11 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
| Legal Authority: 33 U.S.C. 403 33 U.S.C. 1344 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: None |
| Federalism: No | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
| Related RINs: Related to 0710-AA84, Related to 0710-AB29, Related to 0710-AB51 | |
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Agency Contact: Elliott Carman Department of Defense 108 Army Pentagon, Room 3E419, Washington, DC 20310-0108 Phone:703 300-2899 Email: elliott.n.carman.civ@army.mil David B. Olson Regulatory Program Manager Department of Defense U.S. Army Corps of Engineers Attn: CECW-CO, 441 G Street NW, Washington, DC 20314-1000 Phone:202 761-4922 Email: david.b.olson@hq02.usace.army.mil |
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