Review and Approval of Projects, 55711-55712 [E7-19290]
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55711
Proposed Rules
Federal Register
Vol. 72, No. 189
Monday, October 1, 2007
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
SUSQUEHANNA RIVER BASIN
COMMISSION
18 CFR Parts 806 and 808
Review and Approval of Projects
Susquehanna River Basin
Commission (SRBC).
ACTION: Notice of proposed rulemaking
and public hearing.
AGENCY:
This document contains
proposed rules that would amend
project review regulations to clarify the
definition of ‘‘agricultural water use’’
and to provide a qualified exception to
the consumptive use approval
requirements for agricultural water use
projects. In addition, this proposed rule
would make a technical correction to an
error in the ‘‘Authority’’ citation for Part
808.
DATES: The Commission has scheduled
a public hearing on the proposed rules
on Wednesday, November 7, 2007, at 2
p.m. Comments on these proposed rules
may be submitted to the SRBC on or
before November 15, 2007.
The location of the public hearing is
listed in the addresses section of this
document. Additionally, individuals
wishing to testify are asked to notify the
Commission in advance, if possible, at
the regular or electronic addresses given
below.
ADDRESSES: Comments may be mailed
to: Mr. Richard A. Cairo, Susquehanna
River Basin Commission, 1721 N. Front
Street, Harrisburg, PA 17102–2391, or
by e-mail to rcairo@srbc.net.
The public hearing will be held in the
Goddard Conference Room,
Pennsylvania Department of
Environmental Protection, Northcentral
Regional Office, 208 West Third Street,
Suite 101, Williamsport, PA 17701.
Those wishing to testify are asked to
notify the Commission in advance, if
possible, at the regular or electronic
addresses given below
FOR FURTHER INFORMATION CONTACT:
Richard A. Cairo, General Counsel, 717–
238–0423; fax: 717–238–2436; e-mail:
rcairo@srbc.net. Also, for further
jlentini on PROD1PC65 with PROPOSALS
SUMMARY:
VerDate Aug<31>2005
18:39 Sep 28, 2007
Jkt 214001
information on the proposed
rulemaking, visit the Commission’s Web
site at https://www.srbc.net.
SUPPLEMENTARY INFORMATION:
Background and Purpose of
Amendments
The SRBC adopted final rulemaking
on December 5, 2006, published at 71
FR 78570, December 29, 2006
establishing: (1) The scope and
procedures for review and approval of
projects under Section 3.10 of the
Susquehanna River Basin Compact, Pub.
L. 91–575; 83 Stat. 1509 et seq. (the
compact); (2) special standards under
Section 3.4(2) of the compact governing
water withdrawals, consumptive use of
water; diversions of the basin’s waters,
water conservation, and water use
registration; and (3) procedures for
hearings and enforcement actions.
The December 2006 rulemaking made
extensive revisions to project review
regulations that were promulgated in
May 1995. Since 1995, SRBC has
continued to suspend the application of
its consumptive use regulation to
agricultural water uses pending the
implementation of a mitigation method
that is more suited to agriculture’s
unique circumstances.
The Commission’s member states
have taken definitive steps to support
projects that will provide storage and
release of water to mitigate agricultural
water use in their jurisdictions and thus
satisfy the standards for consumptive
use mitigation set forth in 18 CFR
806.22. The proposed rulemaking would
amend 18 CFR 806.4(a)(1) to provide an
exception for agricultural water use
projects from the consumptive use
review and approval requirements of 18
CFR 806.4(a)(1) and (3), unless water is
diverted for use beyond lands that are
at least partially in the basin, and
provided the Commission makes a
determination that the state-sponsored
projects are sufficient to meet the
consumptive use mitigation standards
contained in 18 CFR 806.22.
A second amendment clarifies the
definition of ‘‘agricultural water use’’ in
18 CFR 806.3, 806.4 and 806.6 by
inserting the word ‘‘products’’ after the
word ‘‘turf.’’ This will clarify that the
maintenance of turf grass as part of a
project or facility, such as a golf course,
does not constitute an agricultural water
use. Only the raising of turf products for
sale such as sod would constitute an
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
agricultural water use with this
clarification.
A third amendment corrects an error
made as part of the December 5, 2006
rulemaking in the ‘‘Authority’’ citation
to Part 808 by replacing the erroneous
Sec. 3.5(9) with the correct Sec. 3.4(9).
List of Subjects in 18 CFR Part 806
Administrative practice and
procedure, Water resources.
For the reasons set forth in the
preamble, the Susquehanna River Basin
Commission proposes to amend 18 CFR
parts 806 and 808 and as follows:
PART 806—REVIEW AND APPROVAL
OF PROJECTS
1. The authority citation for part 806
continues to read as follows:
Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and
15.2, Pub. L. 91–575, 84 Stat. 1509 et seq.
2. In § 806.3, revise the definition of
‘‘agricultural water use’’ to read as
follows:
§ 806.3
Definitions.
*
*
*
*
*
Agricultural water use. A water use
associated primarily with the raising of
food, fiber or forage crops, trees,
flowers, shrubs, turf products, livestock
and poultry. The term shall include
aquaculture.
*
*
*
*
*
3. In § 806.4, revise paragraphs (a)(1)
introductory text, (a)(3) introductory
text and (b)(3) to read as follows:
§ 806.4 Projects requiring review and
approval.
(a) * * *
(1) Consumptive use of water. Any
consumptive use project described
below shall require an application to be
submitted in accordance with § 806.13,
and shall be subject to the standards set
forth in § 806.22, and, to the extent that
it involves a withdrawal from
groundwater or surface water, shall also
be subject to the standards set forth in
§ 806.23. Except to the extent that they
involve the diversion of the waters of
the basin, public water supplies shall be
exempt from the requirements of this
section regarding consumptive use;
provided, however, that nothing in this
section shall be construed to exempt
individual consumptive users
connected to any such public water
supply from the requirements of this
section. Provided the commission
E:\FR\FM\01OCP1.SGM
01OCP1
55712
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Proposed Rules
determines that low flow augmentation
projects sponsored by the commission’s
member states provide sufficient
mitigation for agricultural water use to
meet the standards set forth in § 806.22,
and except as otherwise provided
below, agricultural water use projects
shall not be subject to the requirements
of this paragraph (a)(1).
Notwithstanding the foregoing, an
agricultural water use project involving
a diversion of the waters of the basin
shall be subject to such requirements
unless the property, or contiguous
parcels of property, upon which the
agricultural water use project occurs is
located at least partially within the
basin.
*
*
*
*
*
(3) Diversions. Except with respect to
agricultural water use projects not
subject to the requirements of paragraph
(a)(1), the projects described below shall
require an application to be submitted
in accordance with § 806.13, and shall
be subject to the standards set forth in
§ 806.24. The project sponsors of out-ofbasin diversions shall also comply with
all applicable requirements of this part
relating to consumptive uses and
withdrawals.
*
*
*
*
*
(b) * * *
(3) Transfer of land used primarily for
the raising of food, fiber or forage crops,
trees, flowers, shrubs, turf products,
livestock, or poultry, or for aquaculture,
to the extent that, and for so long as, the
project’s water use continues to be for
such agricultural water use purposes.
*
*
*
*
*
3. In § 806.6, revise paragraph (b)(3) to
read as follows:
§ 806.6
Transfers of approval.
*
*
*
*
(b) * * *
(3) A project involving the transfer of
land used primarily for the raising of
food, fiber or forage crops, trees,
flowers, shrubs, turf products, livestock
or poultry, or for aquaculture, to the
extent that, and for so long as, the
project’s water use continues to be for
such agricultural water use purposes.
*
*
*
*
*
jlentini on PROD1PC65 with PROPOSALS
*
PART 808—HEARINGS AND
ENFORCEMENT ACTIONS
5. Revise the authority citation for
part 808 to read as follows:
Authority: Secs. 3.4 (9), 3.5 (5), 3.8, 3.10
and 15.2, Pub. L. 91–575, 84 Stat. 1509 et seq.
VerDate Aug<31>2005
18:12 Sep 28, 2007
Jkt 214001
Dated: September 21, 2007.
Paul O. Swartz,
Executive Director.
[FR Doc. E7–19290 Filed 9–28–07; 8:45 am]
BILLING CODE 7040–01–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1314
[Docket No. DEA–298P]
RIN 1117–AB13
Combat Methamphetamine Epidemic
Act of 2005: Fee for Self-Certification
for Regulated Sellers of Scheduled
Listed Chemical Products
Drug Enforcement
Administration (DEA), Department of
Justice.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: As part of its implementation
of the Combat Methamphetamine
Epidemic Act of 2005 (CMEA),
‘‘regulated sellers’’ or persons and
entities selling scheduled listed
chemical products at retail locations are
required to self-certify with DEA
relative to certain requirements of the
CMEA. The Diversion Control Program
is required to recover the full costs of
the certification process, under the
Controlled Substances Act; as such the
DEA is proposing to charge regulated
sellers, who are not DEA registrants, a
fee for self-certification.
DATES: Written comments must be
postmarked, and electronic comments
must be sent, on or before November 30,
2007.
ADDRESSES: To ensure proper handling
of comments, please reference ‘‘Docket
No. DEA–298’’ on all written and
electronic correspondence. Written
comments being sent via regular mail
should be sent to the Deputy Assistant
Administrator, Office of Diversion
Control, Drug Enforcement
Administration, Washington, DC 20537,
Attention: DEA Federal Register
Representative/ODL. Written comments
sent via express mail should be sent to
DEA Headquarters, Attention: DEA
Federal Register Representative/ODL,
2401 Jefferson-Davis Highway,
Alexandria, VA 22301. Comments may
be directly sent to DEA electronically by
sending an electronic message to
dea.diversion.policy@usdoj.gov.
Comments may also be sent
electronically through https://
www.regulations.gov using the
electronic comment form provided on
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Frm 00002
Fmt 4702
Sfmt 4702
that site. An electronic copy of this
document is also available at the https://
www.regulations.gov Web site. DEA will
accept attachments to electronic
comments in Microsoft Word,
WordPerfect, Adobe PDF, or Excel file
formats only. DEA will not accept any
file formats other than those specifically
listed here.
Posting of Public Comments: Please
note that all comments received are
considered part of the public record and
made available for public inspection
online at https://www.regulations.gov
and in the DEA’s public docket. Such
information includes personal
identifying information (such as your
name, address, etc.) voluntarily
submitted by the commenter.
If you want to submit personal
identifying information (such as your
name, address, etc.) as part of your
comment, but do not want it to be
posted online or made available in the
public docket, you must include the
phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also place
all the personal identifying information
you do not want posted online or made
available in the public docket in the first
paragraph of your comment and identify
what information you want redacted.
If you want to submit confidential
business information as part of your
comment, but do not want it to be
posted online or made available in the
public docket, you must include the
phrase ‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted online or made
available in the public docket.
Personal identifying information and
confidential business information
identified and located as set forth above
will be redacted and posted online and
placed in the DEA’s public docket file.
If you wish to inspect the agency’s
public docket file in person by
appointment, please see the FOR
FURTHER INFORMATION CONTACT
paragraph.
FOR FURTHER INFORMATION CONTACT:
Mark W. Caverly, Chief, Liaison and
Policy Section, Office of Diversion
Control, Drug Enforcement
Administration, Washington, DC 20537;
Telephone (202) 307–7297.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\01OCP1.SGM
01OCP1
]]>Agencies
[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Proposed Rules]
[Pages 55711-55712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19290]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 /
Proposed Rules
[[Page 55711]]
SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Parts 806 and 808
Review and Approval of Projects
AGENCY: Susquehanna River Basin Commission (SRBC).
ACTION: Notice of proposed rulemaking and public hearing.
-----------------------------------------------------------------------
SUMMARY: This document contains proposed rules that would amend project
review regulations to clarify the definition of ``agricultural water
use'' and to provide a qualified exception to the consumptive use
approval requirements for agricultural water use projects. In addition,
this proposed rule would make a technical correction to an error in the
``Authority'' citation for Part 808.
DATES: The Commission has scheduled a public hearing on the proposed
rules on Wednesday, November 7, 2007, at 2 p.m. Comments on these
proposed rules may be submitted to the SRBC on or before November 15,
2007.
The location of the public hearing is listed in the addresses
section of this document. Additionally, individuals wishing to testify
are asked to notify the Commission in advance, if possible, at the
regular or electronic addresses given below.
ADDRESSES: Comments may be mailed to: Mr. Richard A. Cairo, Susquehanna
River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102-
2391, or by e-mail to rcairo@srbc.net.
The public hearing will be held in the Goddard Conference Room,
Pennsylvania Department of Environmental Protection, Northcentral
Regional Office, 208 West Third Street, Suite 101, Williamsport, PA
17701.
Those wishing to testify are asked to notify the Commission in
advance, if possible, at the regular or electronic addresses given
below
FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel,
717-238-0423; fax: 717-238-2436; e-mail: rcairo@srbc.net. Also, for
further information on the proposed rulemaking, visit the Commission's
Web site at https://www.srbc.net.
SUPPLEMENTARY INFORMATION:
Background and Purpose of Amendments
The SRBC adopted final rulemaking on December 5, 2006, published at
71 FR 78570, December 29, 2006 establishing: (1) The scope and
procedures for review and approval of projects under Section 3.10 of
the Susquehanna River Basin Compact, Pub. L. 91-575; 83 Stat. 1509 et
seq. (the compact); (2) special standards under Section 3.4(2) of the
compact governing water withdrawals, consumptive use of water;
diversions of the basin's waters, water conservation, and water use
registration; and (3) procedures for hearings and enforcement actions.
The December 2006 rulemaking made extensive revisions to project
review regulations that were promulgated in May 1995. Since 1995, SRBC
has continued to suspend the application of its consumptive use
regulation to agricultural water uses pending the implementation of a
mitigation method that is more suited to agriculture's unique
circumstances.
The Commission's member states have taken definitive steps to
support projects that will provide storage and release of water to
mitigate agricultural water use in their jurisdictions and thus satisfy
the standards for consumptive use mitigation set forth in 18 CFR
806.22. The proposed rulemaking would amend 18 CFR 806.4(a)(1) to
provide an exception for agricultural water use projects from the
consumptive use review and approval requirements of 18 CFR 806.4(a)(1)
and (3), unless water is diverted for use beyond lands that are at
least partially in the basin, and provided the Commission makes a
determination that the state-sponsored projects are sufficient to meet
the consumptive use mitigation standards contained in 18 CFR 806.22.
A second amendment clarifies the definition of ``agricultural water
use'' in 18 CFR 806.3, 806.4 and 806.6 by inserting the word
``products'' after the word ``turf.'' This will clarify that the
maintenance of turf grass as part of a project or facility, such as a
golf course, does not constitute an agricultural water use. Only the
raising of turf products for sale such as sod would constitute an
agricultural water use with this clarification.
A third amendment corrects an error made as part of the December 5,
2006 rulemaking in the ``Authority'' citation to Part 808 by replacing
the erroneous Sec. 3.5(9) with the correct Sec. 3.4(9).
List of Subjects in 18 CFR Part 806
Administrative practice and procedure, Water resources.
For the reasons set forth in the preamble, the Susquehanna River
Basin Commission proposes to amend 18 CFR parts 806 and 808 and as
follows:
PART 806--REVIEW AND APPROVAL OF PROJECTS
1. The authority citation for part 806 continues to read as
follows:
Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91-
575, 84 Stat. 1509 et seq.
2. In Sec. 806.3, revise the definition of ``agricultural water
use'' to read as follows:
Sec. 806.3 Definitions.
* * * * *
Agricultural water use. A water use associated primarily with the
raising of food, fiber or forage crops, trees, flowers, shrubs, turf
products, livestock and poultry. The term shall include aquaculture.
* * * * *
3. In Sec. 806.4, revise paragraphs (a)(1) introductory text,
(a)(3) introductory text and (b)(3) to read as follows:
Sec. 806.4 Projects requiring review and approval.
(a) * * *
(1) Consumptive use of water. Any consumptive use project described
below shall require an application to be submitted in accordance with
Sec. 806.13, and shall be subject to the standards set forth in Sec.
806.22, and, to the extent that it involves a withdrawal from
groundwater or surface water, shall also be subject to the standards
set forth in Sec. 806.23. Except to the extent that they involve the
diversion of the waters of the basin, public water supplies shall be
exempt from the requirements of this section regarding consumptive use;
provided, however, that nothing in this section shall be construed to
exempt individual consumptive users connected to any such public water
supply from the requirements of this section. Provided the commission
[[Page 55712]]
determines that low flow augmentation projects sponsored by the
commission's member states provide sufficient mitigation for
agricultural water use to meet the standards set forth in Sec. 806.22,
and except as otherwise provided below, agricultural water use projects
shall not be subject to the requirements of this paragraph (a)(1).
Notwithstanding the foregoing, an agricultural water use project
involving a diversion of the waters of the basin shall be subject to
such requirements unless the property, or contiguous parcels of
property, upon which the agricultural water use project occurs is
located at least partially within the basin.
* * * * *
(3) Diversions. Except with respect to agricultural water use
projects not subject to the requirements of paragraph (a)(1), the
projects described below shall require an application to be submitted
in accordance with Sec. 806.13, and shall be subject to the standards
set forth in Sec. 806.24. The project sponsors of out-of-basin
diversions shall also comply with all applicable requirements of this
part relating to consumptive uses and withdrawals.
* * * * *
(b) * * *
(3) Transfer of land used primarily for the raising of food, fiber
or forage crops, trees, flowers, shrubs, turf products, livestock, or
poultry, or for aquaculture, to the extent that, and for so long as,
the project's water use continues to be for such agricultural water use
purposes.
* * * * *
3. In Sec. 806.6, revise paragraph (b)(3) to read as follows:
Sec. 806.6 Transfers of approval.
* * * * *
(b) * * *
(3) A project involving the transfer of land used primarily for the
raising of food, fiber or forage crops, trees, flowers, shrubs, turf
products, livestock or poultry, or for aquaculture, to the extent that,
and for so long as, the project's water use continues to be for such
agricultural water use purposes.
* * * * *
PART 808--HEARINGS AND ENFORCEMENT ACTIONS
5. Revise the authority citation for part 808 to read as follows:
Authority: Secs. 3.4 (9), 3.5 (5), 3.8, 3.10 and 15.2, Pub. L.
91-575, 84 Stat. 1509 et seq.
Dated: September 21, 2007.
Paul O. Swartz,
Executive Director.
[FR Doc. E7-19290 Filed 9-28-07; 8:45 am]
BILLING CODE 7040-01-P
