Federal Register / Vol. 58, No. 11 / Tuesday. January 1-9. 1993 1 Notices
4995
ENVIRONMENTAL PROTECTION
AGENCY
DEPARTMENT OF DEFENSE
Department of the Army
(FRL—5553-5]
Memorandum of Agreement
Concerning the Determination of the
Geographic Jurisdiction of the Section
404 Program
AGENCIES: Environmental Protection
Agency; Department of the Army, DOD.
ACTION: Notice.
SUMMARY: Pursuant to their authorities
under the Clean Water Act (33 U.S.C.
1251 et ssq.}. ths Assistant
Administrator for Water of the
Environmental Protection Agency (EPA)
and the Assistant Secretary of the Army
for Civil "Works (Army) have amended
the January 19,1989, "'Department-of
the Army/Environmental Protection
Agency Memorandum of Agreement
Concerning the Determination of the
Geographic Jurisdiction of the-scction
•504 Program and the Application of the
Exemptions under section 404(f) of the
Clean Water Act" (MOA). This
amendment provides that the U.S. Army
Corps of Engineers (Corps) and EPA will
adhere to the 1987 Corps of Engineers
Wetlands Delineation Manual
(Waterways Experiment Station
Technical Report Y-87-l. January,
1337) (1S37 Manual) in making their
determinations of the.geographic scope
of waters of the United States under
section 404 of the Clean "Water Act.
DATES: The effective date of this
amendment was January 4, 1993.
ADDRESSES: Copies of this amendment
and the original MOA can be-obtained
by writing to: Mr. Gregory Peck, Chief,
Wetlands and Aquatic .Resources
Regulatory Branch, Mail Code (A-104F).
U.S. EPA, -40.1 M Street SW., .
Washington. DC -20460; or The Chief of
Engineers, U-S. Corps of Engineers,
ATTN: CECW-OR, Washington, DC
20314-1000. Copies may-also be •
obtained by contacting the EPA
Wetlands Hotline at f.800) 612—7828.
FOR FURTHER-INFORMATION CONTACT: Mr.
Michael A. .Fritz (EPA) at '(202) 260-
6013 or Mr. Michael L. Davis (Office of
the Assistant Secretary -of "the Army for
Civil Works) at (703) 695-1376.
SUPPLEMENTARY INFORMATION: The MOA
between the Army und EPA
"Concerning the Determination of the
Geographic Jurisdiction of the section
404 Program and the Application of the
Exemptions under section 404(fJ of the
Clean Water Act", signed on January 19.,
1989, sets forth an appropriate
allocation of responsibilities between
liPA and the Corps in determining
geographic jurisdiction of the section
40-5 program and.the applicability-of the
exemptions-under section 40-5(0 of the
Clean "Water Act. This amendment to
the MOA provides that EPA and the
Corps will use the 1987 Corps -of
Engineers Wetlands Delineation Manual
(Waterways Experiment Station
Technical Report Y-87-1, January,
1987)-11987 Manual) in making
wetlands determinations.
BacTcgroand
The language contained in section H
of the original OMA states that the
Corps will use the 1989 Federal .Manual
for Identifying -and Delineating :
Jurisdictional Wetlands (1989 Manual)
.in making its wetlands determinations.
However, the Energy and Water
Development Appropriations Act of
. 1992 (Pub L. 102-580) prohibited the
Corps from Tising the 1989 Manual for
defining the scope of waters of the
United .States under the section 404
program. The legislative history of-this
statutory provision stated that, until a
notice and -comment rulemaking was
completed on a revised manual, the
Corps was constrained to employ
criteria in a manual the Corps had
developed in 1987 but which had not
been uniformly adopted by Corps "field
offices. In response, the Corps began
using the 1987 Manual in August, 1-991.
The Energy and Water Development
Appropriations Act of 1993 (Pub. L.
102-377) required the Corps to continue
using the 1987 Manual "until-ajfinal
wetlands delineation manual Is
adopted". In contrast, EPA has
continued to -use the 1989 Manual in
making jurisdictional determinations,
which are principally related to
enforcement of section -404 for
unauthorized discharges. However, it
has also been EPA's practice in judicial
enforcement actions to confirm the
jurisdictional status of a property under
the 1987 Manual. EPA and the Army
have been concerned that uie use o'f
different manuals by the agencies has
the potential for creating confusion and
inconsistencies in implementation of
the section 404 regulatory program.
On August 14,1991, EPA, Army, Soil
Conservation Service (SCS), and the
Fish and Wildlife Service (FWS)
proposed lo revise the 19B9 Manual {56
FR 4O44BD)'(proposed manual). On
December 19,1991, EPA. Army, and the
SCS proposed to incorporate portions -of
the proposed-manual into the
regulations governing the agencies1
wetland protection programs (56 .ER
65963]. The-comment period for both.
proposals ended on January 21.1992. In
response to these proposals, the
agencies received comments from more
than 100.-000 persons. These comments
are currently under review bv the
agencies. In addition, consistent with
EPA's Fiscal Year 1993 appropriations
(Pub. -L. 102-389), EPA is contracting
with the National Academy of Sciences
(NAS) to prepare a scientific analysis of
wetlands delineation, including an
evaluation of the scientific-validity .and
practicability of existing wetland
delineation manuals.
Reasons for Amending the MOA
As -noted above, the Corps is currently
obligated by law to use the 1987 Manual
in making'-wetlands determinations.
EPA's continued use o'f the 1989
Manual, therefore, tias the potential to
confuse the public and the .regulated
community regarding how areas will be
delineated-as \vetlands. The agencies
believe that -there as -a strong interest in
both agencies" -using -the 1-987 Manual to
foster consistency and predictability in
the administration -of -the-section 404
program. Amendment of the MOA to
provide that 1x>th agencies will use the
1987Mantial therefore -achieves this
important -objective.
The need for consistency at the
present time 3s particularly important in
light of .the -complex and lengthy
rulemaking in which EPA, the Army.
SCS and the FWS are currently
considering revisions to'the 1989
Manual. As noted above, the agencies
have received voluminous public
comments on the proposed .revisions.
These extensive comments require
careful review by-the agencies before a
final Manual and rule can be adopted.
In addition, as noted above, the NAS
will be reviewing the-scientific validity
and practicality-of the various manuals
and proposed revisions. When the NAS
study is completed, the agencies -will
review carefully its results in
determining .how, of appropriate, to
incorporate its results into agency jules
or guidance. In She Interim, Army and
EPA believe that it is jiarticularly
important that the two agencies that
jointly administer theSecfion 404 '
program -follow consistent-guidance in
delineating wetlands.
The 1987Manual, like the 1989
Manual previously used by EPA and the
Corps, is a technical guidance-document
and provides internal procedures for
agency field .staff for identifying and
delineating wetlands. The guidance
document-serves to advise Ihe public
prospectivelyoflhs.mannerin which
agency personnel will apply the
definition of wetlands'to particular sites
on a case-by->cas8 basis.
Copies of&fl 1987l4anaaltcan be
purchased tynrdfiring the 1987-Corps of
Engineers "Wetlands Delineation Manual
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4996
(Technical Report Y-87-i) (Documo..t
Number ADA 176 734) from the
National Technical Information Serv.ce.
Order Department. Springfield. -/A
22161, Telephone: (703) 487-ttaO.
Lafuinc S. WUcher,
Ass'ttont Administrator for Water.
EKv'ironatemai Ptvteciion Agency.
Datau: January 4.1933.
r-J*asj P. Dora,
AttistantSecntiuylCMI Works). Depart™*
{MM Docket No. 87-258; Number of
Petitions Filed: 1.
Subject: Amendment of § 73.202fb),
Tsb'e cf Allotments. FM Broadcast
Sta-'on (Castle Rock, Colorado Springs,
Frisco and Sal' da. Colorado; Raton. New
Mexico) (MM Jock*. No.- 89-172 RM
No. 6804) Number of Petitions Filed: 1.
Subject: Amendment of § 73 202(b).
Table of Allotments, FM Broadcast
Stations. (Pleasanton. Hondo and
Handera. Texas) (MM Docket No 90-
456. RM Nos. 7324. 7327. 7387 & 7988)
Number of Petitions Filed: 1. .
"Subject: Expanded Interconnection
with Local Telephone Company
Facilities (CC Docket No. 91-141)
Number of Petitions Filed: 18.
Application for Review
Subject: Amendment cf § 73.202(b).
Table of Allotments. FM Broadcast
Stations. (Bcalsburg. Clearfield.
Duncansviila. Jersey Shore. Laporte.
'—er-r ..".», rv,m< Lewisburs, Lock Haven;Mill Hail.
In makSns their detenr.mauons the Corps £ is 5. Kvmide. St. Marys
-d.£^L±^,^aSManual and T^a. Pennsylvania)p,?i Docket
No 88-4S6. RM Nos. 634=. 6469. 6S25,
6626. & 6627) Number of Applications
filed: 1.
Federal Communications Commission.
Donn» R. Sstrcy,
Secretery.
IFF. Doc. S3-1M5 Filed 1-15-93: 8:45 ami
6:'-UHG CODE «71Z-01-«
.
For Ui3 reasons set out above, the
January 19. 1939. "Department or the
Army/Environmental Protection Agency
Memorandum of Agreement Concerning
the Determination of the Geograpnic
Tarisdiction cf Oie section 404 Program
and the Application of the Exemptions
under section 404 of the Clean Water
Act" is amended by replacing the
second sentence of the second
paragraph in section n as follows:
Report Y-87-1 . January. 1 987} until run her
notice, as well ai EPA guidance on isoUted
w™«x. *r.d other saideaco.taterpreuuon^
snd reflations issued by EPA to clarify EP
positions on gaogrsphic jurisdiction and
exemptions.
IFR Doc. 93-1185 Filed 1-13-93; 3:45 am]
C0=£ MM-W-U
FEDERAL COr/.MUNICATtOHS
COMMISSION
[Report No. 1924]
Petitions for Recansiderstionjjrsd
Clarification and Application, tor
Review oi Actions !r. Rule Making
Proceedings
jar.ua.-y 12, 19S3. ,
Petitions for reconsideration and
clarification and application for review
have been filed in the Commission
rulemaking proceedings listed m this
Public Notice and published pursuant to
47 CFR 1.429(e). The full text oi these
documents are available for viewing and
copying in room 233, 1919 M Street.
NW., Washington. DC or may be
purchased from the Commission's copy
contractor Downtown Copy Center
9202) 452-1422. Opposition to these
petitions and application must be filed
by February 3, 1993. See § 1.4fb)(l) of
the Commission's rules (47 CFR
1 4(bKl))- Replies to an opposition must
be filed within 10 days after the time for
filing oppositions has expired.
Subject: Advanced Television ' .
Systems and Their Impact Upon the
Existing Television Broadcast Service.
FEDERAL DEPOSIT IN.SURANCH
CORPORATION
Differences in Capita! and Accounting
Standards Among the Federal Banking
and Thrift Agencies; Report to •
CongressJonaJ Committees
AGcNCY: Federal Deposit Insurance
Corporation (FDIC).
ACTIOK: Report to the Committee on
Banking. Finance sr.d Urban Affairs o,
the U.S. House cf Representatives and to
the Committee on Banking. Housing.
and Urban Affairs of the United States
Senate Regarding Differences in Capital
and Accounting Standards Among the
Federal Banking arid Thrift Agencies.
•••—•
SUMMARY: This report has neen prepared
by the FDIC pursuant to section 37(c) of
the Federal Deposit Insurance Act, as
added by section 121 of the Federal
Deposit Insurance Corporation
Improvement Act of 1991 (FDICIA .
Section 37(c) requires each Federal
banking agency to report annually to the
Committee on Banking. Finance and
Urban Affairs of the House of
Representatives and to the Committee
on Banking, Housing, and Urban Affairs
of the Senate any differences between
any accounting or capital standard used
by such agency and any accounting or
capital standard used by any other such
agency- The report must also contain an
explanation of the reasons for any
discrepancy in such accounting and
capital standards and must be published
in the Federal Register.
FOF» FURTHER INFORMATION CONTACT:
Robert F. Starch, Chief. Accounting
Section. Division of Supervision,
Federal Deposit Insurance Corporation,
550 17th Street. NW., Washington, DC
20429. telephone (202) 898-8906.
SUPPLEMENTARY INFORMATION: The text of
the report fpllows: ' .
Report to the Committee on Banking,
Finance and Urban Affairs of the U.S.
House of Representative!! and to the
Committee on Banking, Housing, and
Urban Affairs of the United States
Senate, Regarding Differences in
Capital and Accounting Standards
Among the Federal Banking and Thrift, '
Agencies .
Introduction
This report has been prepared by the -s
Federal Deposit Insurance Corporation
(FDIC) pursuant to section 37(c) of the
Federal Deposit'Insurance Act. as added
bv section 121 of the Federal Deposit .
Insurance Corporation Improvement Act
of 1991 (FDICIA). which reads as
follows: • • . , '
: (1) Annual reports required.—bacJi
appropriate Federal banking agency
shall annually submit a report to Use
Committee on Banking. Finance ana •
Urban Affairs of the House of
Representatives and the.Committee on
Banking, Housing, and Urban Affairs oi •- .
the Senate containing a description ot
anv difference between any accounting .
or capital standard used by such agency .
and any accounting or capital standard.
used by any other agency.
(2) Explanation of reasons for
discrepancy—Each report * * * shall •.
contain an explanation of the reasons .
for any discrepancy between any • ^ ;;.
accounting or capital standard used by .,
such agency and any accounting or .
capital standard used by any other
agencv. . «
(3) Publication—Each report
shall be published in the Federal
Register. . /;
In previous years, this report was
prepared by the FDIC pursuant to
Section 121.5 of the Financial
Institutions Reform, Recovery, and
Enforcement Act of 1989 (F1RREA). ^ '.
Section 1235 was repealed by section
121 of FDICIA. .
This introduction is followed by a
discussion of the capital and underlying
:1
••m
$
.«•?
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