Proposed Rulemaking To Implement a Flexible Flow Management Program for the New York City Delaware Basin Reservoirs, 67875-67878 [E7-23383]

Download as PDF Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Proposed Rules § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): Boeing: Docket No. FAA–2007–0265; Directorate Identifier 2007–NM–213–AD. Comments Due Date (a) The FAA must receive comments on this AD action by January 17, 2008. Affected ADs (b) None. Applicability (c) This AD applies to all Boeing Model 727, 727C, 727–100, 727–100C, 727–200, and 727–200F series airplanes, certificated in any category. Unsafe Condition (d) This AD results from reports of in-flight departure and separation of the flight deck windows. We are issuing this AD to detect and correct cracking in the vinyl interlayer or damage to the structural inner glass panes of the flight deck No. 2, No. 4, and No. 5 windows, which could result in loss of a window and rapid loss of cabin pressure. Loss of cabin pressure could cause crew communication difficulties or crew incapacitation. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Repetitive Inspections and Replacement (f) At the applicable times specified in Tables 1, 2, and 3 of paragraph 1.E. of Boeing Alert Service Bulletin 727–56A0019, dated June 6, 2007, except as provided by paragraph (g) of this AD: Do the internal and external detailed inspections for any cracking of or damage to the left side and right side flight deck No. 2, No. 4, and No. 5 windows, as applicable, and do the applicable corrective actions before further flight, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 727–56A0019, dated June 6, 2007. Repeat the inspections thereafter at the applicable interval specified in paragraph 1.E. of Boeing Alert Service Bulletin 727–56A0019, dated June 6, 2007. yshivers on PROD1PC62 with PROPOSALS Exception to Compliance Times (g) Where Tables 1, 2, and 3 of paragraph 1.E. of Boeing Alert Service Bulletin 727– 56A0019, dated June 6, 2007, specify counting the compliance time from ‘‘ * * * the date on this service bulletin,’’ this AD requires counting the compliance time from the effective date of this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. VerDate Aug<31>2005 14:41 Nov 30, 2007 Jkt 214001 (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) Installation of metallic window blanks at cockpit eyebrow windows No. 4 and No. 5 in accordance with Supplemental Type Certificate ST01704SE is approved as an alternative means of compliance with the initial and repetitive inspections for the flight deck No. 4 and No. 5 windows required by paragraph (f) of this AD. All other applicable actions required by paragraph (f) of this AD must be fully complied with. Issued in Renton, Washington, on November 7, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–23342 Filed 11–30–07; 8:45 am] BILLING CODE 4910–13–P DELAWARE RIVER BASIN COMMISSION 18 CFR Part 410 Proposed Rulemaking To Implement a Flexible Flow Management Program for the New York City Delaware Basin Reservoirs Delaware River Basin Commission. ACTION: Notice of public hearing and informational meetings. AGENCY: SUMMARY: The Delaware River Basin Commission (‘‘Commission’’ or ‘‘DRBC’’) will hold a public hearing to receive comments on proposed amendments to its Water Code and Comprehensive Plan to implement a Flexible Flow Management Program (‘‘FFMP’’) for the New York City Delaware River Basin reservoirs. The proposed amendments are consistent with provisions of an agreement dated September 26, 2007 among the parties to the 1954 Supreme Court decree in New Jersey v. New York—the states of Delaware, New Jersey, and New York, the Commonwealth of Pennsylvania and the City of New York—that provide a comprehensive framework for PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 67875 addressing multiple flow management objectives, including water supply, drought mitigation, flood mitigation, protection of the tailwaters fishery, a diverse array of habitat needs in the main stem Delaware River, the Delaware Estuary and Delaware Bay, recreational uses and salinity repulsion. DATES: The public hearing will take place on Wednesday, January 16, 2008, from 3 p.m. to 5:30 p.m. and from 7 p.m. to 10 p.m. or until all those who wish to testify have had an opportunity to do so. Persons wishing to testify are asked to register in advance with the Commission Secretary at (609) 883– 9500 ext. 224. Written comments will be accepted through the close of business on Friday, January 18, 2008. All testimony and written comments submitted to the Commission during its previous hearings or comment period on the FFMP, including comments on the form of the FFMP that was published on the Commission’s Web site in February 2007, will be included in the administrative record for this action and need not be re-submitted. Four informational meetings on the proposed amendments will be held. The first two meetings will take place on Tuesday, December 18, 2007 from 3 p.m. to 5 p.m. and from 6:30 p.m. to 9:30 p.m. The second two meetings will take place on Tuesday, January 8, 2008 from 3 p.m. to 5 p.m. and from 6:30 p.m. to 9:30 p.m. Each meeting will consist of an informational presentation followed by questions and answers. ADDRESSES: The January 16, 2008 public hearing will take place at the West Trenton Volunteer Fire Company, 40 West Upper Ferry Road, West Trenton, NJ. The December 18, 2007 informational meetings will take place at the Best Western Inn at Hunt’s Landing, 120 Routes 6 and 209, Matamoras, PA. The January 8, 2008 informational meetings will take place at the offices of Wolf, Block, Schorr and Solis-Cohen LLP, 1650 Arch Street, 26th Floor, Philadelphia, PA. Directions to the hearing and meeting locations are available via links on the DRBC Web site. Written comments may be submitted by e-mail to paula.schmitt@drbc.state.nj.us; by U.S. Mail to Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628– 0360; or by fax to 609–883–9522. In all cases, the commenter’s name, affiliation, and address should be provided in the comment document, and ‘‘FFMP’’ should appear in the subject line. FOR FURTHER INFORMATION CONTACT: For further information about the rulemaking process, please contact Pamela M. Bush, Commission Secretary E:\FR\FM\03DEP1.SGM 03DEP1 yshivers on PROD1PC62 with PROPOSALS 67876 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Proposed Rules and Assistant General Counsel, DRBC, at 609–883–9500 ext. 203. SUPPLEMENTARY INFORMATION: Background. The Delaware River Basin Commission (‘‘Commission’’ or ‘‘DRBC’’) was created by the Delaware River Basin Compact (‘‘Compact’’), a statute concurrently enacted in 1961 by the United States and the four basin states—Delaware, New Jersey, New York, and Pennsylvania. The Compact empowers the Commission, among other things, ‘‘to allocate the waters of the basin to and among the states signatory to th[e] compact and to and among their respective political subdivisions, and to impose conditions, obligations and release requirements related thereto.’’ This authority is subject, however, to the significant limitation that the Commission may not ‘‘impair, diminish or otherwise adversely affect the diversions, compensating releases, rights, conditions, obligations and provisions for the administration thereof’’ established by the Supreme Court decree in New Jersey v. New York, 347 U.S. 995 (1954), without the unanimous consent of the decree parties. Compact, § 3.3. The Commission and the decree parties are the same with two exceptions. Although the U.S. Government is a member of the Commission, it is not a party to the 1954 decree; and although the City of New York is a decree party, it is not a member of the Commission. The Compact provides for the City of New York (‘‘City’’) to serve as an advisor to the State of New York in Commission matters. The 1954 Supreme Court decree gave the City the right to divert up to 800 million gallons per day (m.g.d.) of water from its three Delaware Basin reservoirs—Cannonsville, Pepacton and Neversink—subject to the condition that it release water from its reservoirs in quantities designed to maintain a minimum basic rate of flow at Montague, New Jersey of 1,750 cubic feet per second (c.f.s.), a condition known as ‘‘the Montague flow objective’’. The decree further required the City to release annually an excess quantity (‘‘the excess release quantity’’ or ‘‘ERQ’’) of up to 70 billion gallons (b.g.) during the seasonal period June 15–March 15. The amount of the ERQ is determined each year based on the City’s estimate of the amount by which its available water from all sources will exceed its estimated consumption for that year. (The ERQ is calculated as the lesser of 70 b.g. or 83 percent of the amount by which the City’s continuous safe yield during the year from all its VerDate Aug<31>2005 14:41 Nov 30, 2007 Jkt 214001 sources obtainable without pumping exceeds its estimated consumption.) The decree gave New Jersey the right to divert up to 100 m.g.d. from the basin without compensating releases. It assigned to the U.S. Geological Survey the role of supervising the diversions and releases established by the court, in the person of a Delaware River Master. Since the Commission’s creation, the agency has provided a forum for the decree parties and commissioners to adapt reservoir operations to hydrologic conditions and flow needs not contemplated by the decree. Almost simultaneously with the Commission’s creation, a new drought of record from 1961 to 1967 gave rise to conditions in which the diversions and flow objectives established by the decree could not be sustained. To apportion limited water supplies in an equitable fashion, avert severe shortages, and avoid the need to negotiate future reductions during a severe drought, the parties eventually responded by entering into the Good Faith Agreement of 1983. ‘‘Good Faith’’, a term used to refer collectively to the 1983 agreement and the DRBC instruments adopted to implement it, among other things established a schedule of graduated reductions in diversions and flow objectives to conserve water when storage in the City’s three Delaware Basin reservoirs declines below specified thresholds; it also established a flow objective of 3,000 c.f.s. at Trenton, subject to stepped reductions during periods of drought, to prevent chloride concentrations from rising in the vicinity of key water supply intakes in the Delaware Estuary; and it provided for supplemental releases by New York City and from other Delaware Basin reservoirs during drought emergency operations to augment river flows at Montague and Trenton in order to repel salt, a concept known as the ‘‘salt front vernier.’’ DRBC with the unanimous consent of the decree parties adopted the Good Faith recommendations for modified diversions and flow targets during drought through Resolutions Nos. 83– 13, 84–7 and 88–22 in 1983, 1984 and 1988, respectively, and subsequently incorporated these resolutions into the Commission’s Water Code. DRBC established the conservation releases contained in the Good Faith agreement when it approved Docket D–77–20 CP (Revised) with the unanimous consent of the decree parties in November of 1983. From time to time thereafter, in revisions 2 through 9 of Docket D–77– 20 CP, the Commission with the unanimous consent of the decree parties approved temporary revisions to the PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 reservoir releases program for purposes that included, among others, fisheries protection and spill mitigation. Some of these docket revisions also modified on a temporary basis reservoir operating conditions that had been placed in the Water Code. The latest of the operating conditions established by revisions 2 through 9 of Docket D–77–20 CP expired on September 30, 2007. On September 26, 2007, the decree parties reached unanimous agreement on a Flexible Flow Management Program (FFMP) that would provide a framework for managing diversions and releases from New York City’s Delaware Basin reservoirs for multiple objectives, including water supply, drought mitigation, flood mitigation, protection of the tailwaters fishery, a diverse array of habitat needs in the main stem, estuary and bay, recreation and salinity repulsion. On the same day, the Commission unanimously approved Resolution No. 2007–14, authorizing the Commission’s executive director to publish proposed regulations for implementing the FFMP, and to conduct notice and comment rulemaking, including public hearings, on such proposed regulations. Today’s notice is issued in accordance with that authorization. Water Code Sections to be Amended. The proposed rulemaking would place reservoir operating rules consistent with the decree parties’ September 26, 2007 agreement into a revised Section 2.5.3 of the Water Code newly titled, ‘‘Flexible Flow Management Program’’. Water Code sections 2.5.4 (concerning drought emergency actions by the Commission in accordance with Section 3.3 of the Compact), 2.5.5 (providing for coordinated operation of lower basin and hydroelectric reservoirs during a basinwide drought), and 2.5.6 (relating to coordinated operation of upper and lower basin reservoirs during a lower basin drought) are proposed to be amended for consistency with the new Section 2.5.3. The proposed amendments to Sections 2.5.3 through 2.5.6 collectively would comprise the ‘‘FFMP.’’ Term of Amendments. The amendments constituting the FFMP are proposed to expire on May 31, 2011, unless the decree parties’ agreement of September 26, 2007 is extended prior to that date. Absent further revisions adopted by the DRBC with the unanimous approval of the decree parties, upon expiration of the amendments comprising the FFMP, the New York City Delaware Basin reservoirs will be operated in accordance with the pre-FFMP Water Code and Docket D–77–20 CP (Revised). E:\FR\FM\03DEP1.SGM 03DEP1 yshivers on PROD1PC62 with PROPOSALS Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Proposed Rules Effect of Proposed Amendments. The proposed amendments would substitute a fixed volume of releases called the ‘‘Interim Excess Release Quantity’’ for the ERQ calculated annually in accordance with a formula established by the decree. They would modify the schematic rule curves diagram that defines basinwide normal, drought watch, drought warning and drought emergency operating conditions by updating labeling of the diagram, adding a discharge mitigation trigger curve, and adding labels for storage levels L1 through L5. The amendments also would increase New Jersey’s allowable diversion during drought warning and drought emergency operations by 15 m.g.d. and 20 m.g.d., respectively, above the levels established by the Good Faith agreement; eliminate the link established by the Good Faith agreement between the Montague flow objective and the location of the salt front during basinwide drought emergency operations (‘‘the Montague vernier’’); and establish the rate of releases to be made from each of the City’s Delaware Basin reservoirs for habitat protection and discharge mitigation, based upon combined reservoir storage levels and individual reservoir storage levels. Key aspects of each of these proposed amendments are set forth below: • An Interim Excess Release Quantity (‘‘IERQ’’) in the fixed amount of 15,468 c.f.s.-days for non-leap years and 17,125 c.f.s.-days for leap years is proposed to replace the ERQ calculated annually in accordance with the decree. The IERQ is proposed to be released from the City’s Delaware Basin reservoirs during basinwide normal operations in order to: (1) Increase the Montague flow objective from 1,750 c.f.s. to 1,850 c.f.s. during the period from June 15 through September 15; and (2) maintain the Trenton flow objective of 3,000 c.f.s for the period from June 15 through March 15. All or a portion of the available IERQ also is proposed to be subject at any time to placement in an ‘‘IERQ Extraordinary Needs Bank’’ to support research, aquatic life, or other activities approved by the DRBC with the unanimous agreement of the decree parties. • Labels for the rule curves diagram that establishes basinwide operating conditions in accordance with combined storage in the City’s three Delaware Basin reservoirs are proposed to be updated to reflect normal, drought watch, drought warning, and drought emergency conditions. Although the term ‘‘drought watch’’ has been used consistently since April 28, 1999 in accordance with a definition established by Docket D–77–20 CP (Revision 4), this VerDate Aug<31>2005 14:41 Nov 30, 2007 Jkt 214001 term has not previously appeared in the Water Code. The label ‘‘drought emergency’’ is proposed to replace the more ambiguous ‘‘drought’’. No change is proposed to the placement of the three curves established by Docket D– 77–20 CP (Revision 4). A fourth curve is proposed to be added, however, to indicate the combined storage level at which L1 discharge mitigation releases are triggered. The rule curves with updated labeling are depicted in Figure 1 of proposed Section 2.5.3 F., Drought Management, of the proposed amendments. Figure 1 is linked to the schedule of diversions and flow objectives set forth in proposed Table 1 of the same section and to provisions set forth in the text of that section. Figure 1 is proposed to be further amended by the addition of labels L1 through L5 for the five storage zones delineated by the curves. The storage zones correspond to minimum releases from each of the City’s Delaware Basin reservoirs for purposes of habitat protection and discharge mitigation in accordance with Tables 3A through 3D of proposed Section 2.5.3 G., the Tailwaters Habitat Protection and Discharge Mitigation Program (‘‘THP–DMP’’). • New Jersey’s allowable diversion is proposed to be increased from 70 m.g.d. to 85 m.g.d. during drought warning operations and from 65 m.g.d. to 85 m.g.d. during drought emergency operations. The lower diversions during drought warning and drought emergency operations have not been changed since they were established by Good Faith. These amendments are proposed to be included in Table 1 of proposed Section 2.5.3 F., Drought Management. • The Montague flow objective is proposed to be ‘‘detached’’ from the 7day average location of the 250 mg/L chloride concentration (the ‘‘salt front’’) in the Delaware Estuary during basinwide drought emergency operations. Current Water Code provisions that link the Trenton flow objective to the salt front location will remain in place. The Montague and Trenton flow objectives are set forth in Tables 1 and 2 of proposed Section 2.5.3 F. Rules establishing the Trenton flow objective for lower basin drought operating conditions are set forth in Section 2.5.6. • A Tailwaters Habitat Protection and Discharge Mitigation Program (THP– DMP) is proposed, consisting of conservation releases to help maintain minimum flows and adequate temperatures in the tailwaters below the City’s Delaware Basin reservoirs to protect the cold water fishery, and discharge mitigation releases designed PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 67877 to help mitigate the effects of flooding immediately below the three reservoirs. Releases are defined for each of the reservoirs individually, based upon total combined storage in accordance with the four rule curves contained in Figure 1 in proposed Section 2.5.3 F. The proposed amendments would largely eliminate the use of storage ‘‘banks’’ for purposes of habitat protection. Such banks were central to the program established by Docket D– 77–20 CP. Instead, conservation releases would be based on reservoir storage levels, resulting in larger releases when reservoir storage is high and smaller releases when storage is at or below normal. Conservation release rates for each storage zone are set forth in new Tables 3A thru 3D of Section 2.5.3 G. Discharge mitigation releases from the City’s Delaware Basin reservoirs are proposed to be triggered when total combined storage in the reservoirs is in the uppermost storage zone (L1) of the rule curves diagram (Figure 1). When this condition applies, the individual reservoir storage zones (L1–a, L1–b, and L–1c) defined by Figure 2 in proposed Section 2.5.3 G. are proposed to be used in conjunction with Tables 3A through 3D to establish the applicable release rates. The schedule of releases (either 3A, 3B, 3C or 3D) to be used during a given year depends upon the quantity (not to exceed 35 m.g.d.) that the City makes available for the program from its allowable daily diversion in accordance with proposed Sub-section 2.5.3 G.2. Discharge mitigation releases are limited by potential downstream flood stages in accordance with conditions set forth in proposed Table 4 in Sub-section 2.5.3 G.4. Temporary Suspension or Modification of FFMP in Case of Emergency. The proposed amendments provide at Section 2.5.3 H. a procedure for temporary suspension or modification of provisions of the FFMP if the executive director after consultation with the decree parties and with their unanimous consent finds that customary notice and comment rulemaking by the Commission is impracticable and contrary to the public interest. In that event, the proposed amendments provide for the executive director to issue an emergency order, which must be ratified, rejected or modified at the next meeting of the Commission, subject to the unanimous approval of the decree parties. Public notice of such action in advance of the public meeting is required. In the event that a suspension or modification of rules by emergency order were proposed to remain in effect on more than a temporary basis, ratification by the E:\FR\FM\03DEP1.SGM 03DEP1 67878 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Proposed Rules Commission would be temporary, pending completion of notice and comment rulemaking. Previous Federal Register Notices. Previous notices on the proposed FFMP appeared in the Federal Register on February 12, 2007 (72 FR 6509) and August 28, 2007 (72 FR 49268). In response to the February and August notices (and similar notices published in the state registers), the Commission received written and oral comments from more than 100 agencies, organizations, elected officials and private citizens. The decree parties in revising their agreement considered the broad range of public comments the Commission received. The Commission will consider these comments along with any and all additional comments received during the rulemaking process. Related Documents. All resolutions and dockets relating to operation of the New York City Delaware Basin reservoirs are available on the Commission’s Web site at www.drbc.net or upon request from the Delaware River Basin Commission, P.O. Box 7360, West Trenton, NJ 08628–0360. The DRBC Web site includes a link to the site of the U.S. Geological Survey, Office of the Delaware River Master, https:// water.usgs.gov/orh/nrwww/odrm/, which includes the decree parties’ September 26, 2007 agreement. Text of the Proposed Amendments. The text of the proposed Water Code amendments will be published on the DRBC Web site, www.drbc.net, on or before December 3, 2007. Dated: November 27, 2007. Pamela M. Bush, Commission Secretary. [FR Doc. E7–23383 Filed 11–30–07; 8:45 am] BILLING CODE 6360–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–151884–03] RIN 1545–BD81 Update and Revision of Sections 1.381(c)(4)–1 and 1.381(c)(5)–1; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of proposed rulemaking. yshivers on PROD1PC62 with PROPOSALS AGENCY: SUMMARY: This document contains corrections to a notice of proposed rulemaking (REG–151884–03) that was VerDate Aug<31>2005 14:41 Nov 30, 2007 Jkt 214001 published in the Federal Register on Friday, November 16, 2007, (72 FR 64545) providing guidance under sections 381(c)(4) and (c)(5) of the Internal Revenue Code relating to the accounting method or combination of methods, including the inventory method, to use after certain corporate reorganizations and tax-free liquidations. These proposed regulations clarify and simplify the existing regulations under sections 381(c)(4) and (c)(5). The regulations affect corporations that acquire the assets of other corporations in transactions described in section 381(a). 2. On page 64556, column 1, § 1.381(c)(5)–1(c)(2), Example 4.(ii), fourteenth line from the top of the column, the language ‘‘method on a cutoff basis as provided in’’ is corrected to read ‘‘method on a cut-off basis and will take into account the change in the inventory amount resulting from the valuing of the inventory at cost as required under section 472(d) as provided in’’. 3. On page 64557, column 2, § 1.381(c)(5)–1(e)(6)(ii)(B), fourteenth line of the paragraph, the language ‘‘having been acquired at average unit’’ is corrected to read ‘‘having been acquired at their average unit’’. FOR FURTHER INFORMATION CONTACT: Cynthia Grigsby, Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. E7–23277 Filed 11–30–07; 8:45 am] Cheryl Oseekey at (202) 622–4970 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The correction notice that is the subject of this document is under sections 381 and 446 of the Internal Revenue Code. Need for Correction As published, the notice of proposed rulemaking (REG–151884–03) contains errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of proposed rulemaking (REG–151884–03), which was the subject of FR Doc. E7– 22411, is corrected as follows: § 1.381(c)(5)–1 [Corrected] 1. On page 64553, column 3, § 1.381(c)(5)–1(a)(2)(i), lines three through thirteen, the language ‘‘section 381(a) applies, if the acquiring corporation operates the trades or businesses of the parties to the section 381(a) transaction as separate and distinct trades or businesses after the date of the distribution or transfer, then the acquiring corporation generally must use the same accounting method(s) for inventory used by the distributor or transferor corporation(s) on the date of the section 381(a) transaction (carryover’’ is corrected to read ‘‘section 381(a) applies, if an acquiring corporation operates the trades or businesses of the parties to the section 381(a) transaction as separate and distinct trades or businesses after the date of distribution or transfer, then the acquiring corporation generally must use the same accounting method(s) for inventory used by the distributor or transferor corporation(s) on the date of distribution or transfer for the acquired trade or business (carryover’’. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 BILLING CODE 4830–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2007–1000; FRL–8500–7] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Volatile Organic Compound Emissions From Portable Fuel Containers Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. This SIP revision pertains to the control of emissions of volatile organic compounds from portable fuel containers. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before January 2, 2008. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2007–1000 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2007–1000, Cristina Fernandez, Acting Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. E:\FR\FM\03DEP1.SGM 03DEP1

Agencies

[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Proposed Rules]
[Pages 67875-67878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23383]


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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 410


Proposed Rulemaking To Implement a Flexible Flow Management 
Program for the New York City Delaware Basin Reservoirs

AGENCY: Delaware River Basin Commission.

ACTION: Notice of public hearing and informational meetings.

-----------------------------------------------------------------------

SUMMARY: The Delaware River Basin Commission (``Commission'' or 
``DRBC'') will hold a public hearing to receive comments on proposed 
amendments to its Water Code and Comprehensive Plan to implement a 
Flexible Flow Management Program (``FFMP'') for the New York City 
Delaware River Basin reservoirs. The proposed amendments are consistent 
with provisions of an agreement dated September 26, 2007 among the 
parties to the 1954 Supreme Court decree in New Jersey v. New York--the 
states of Delaware, New Jersey, and New York, the Commonwealth of 
Pennsylvania and the City of New York--that provide a comprehensive 
framework for addressing multiple flow management objectives, including 
water supply, drought mitigation, flood mitigation, protection of the 
tailwaters fishery, a diverse array of habitat needs in the main stem 
Delaware River, the Delaware Estuary and Delaware Bay, recreational 
uses and salinity repulsion.

DATES: The public hearing will take place on Wednesday, January 16, 
2008, from 3 p.m. to 5:30 p.m. and from 7 p.m. to 10 p.m. or until all 
those who wish to testify have had an opportunity to do so. Persons 
wishing to testify are asked to register in advance with the Commission 
Secretary at (609) 883-9500 ext. 224. Written comments will be accepted 
through the close of business on Friday, January 18, 2008. All 
testimony and written comments submitted to the Commission during its 
previous hearings or comment period on the FFMP, including comments on 
the form of the FFMP that was published on the Commission's Web site in 
February 2007, will be included in the administrative record for this 
action and need not be re-submitted. Four informational meetings on the 
proposed amendments will be held. The first two meetings will take 
place on Tuesday, December 18, 2007 from 3 p.m. to 5 p.m. and from 6:30 
p.m. to 9:30 p.m. The second two meetings will take place on Tuesday, 
January 8, 2008 from 3 p.m. to 5 p.m. and from 6:30 p.m. to 9:30 p.m. 
Each meeting will consist of an informational presentation followed by 
questions and answers.

ADDRESSES: The January 16, 2008 public hearing will take place at the 
West Trenton Volunteer Fire Company, 40 West Upper Ferry Road, West 
Trenton, NJ. The December 18, 2007 informational meetings will take 
place at the Best Western Inn at Hunt's Landing, 120 Routes 6 and 209, 
Matamoras, PA. The January 8, 2008 informational meetings will take 
place at the offices of Wolf, Block, Schorr and Solis-Cohen LLP, 1650 
Arch Street, 26th Floor, Philadelphia, PA. Directions to the hearing 
and meeting locations are available via links on the DRBC Web site. 
Written comments may be submitted by e-mail to 
paula.schmitt@drbc.state.nj.us; by U.S. Mail to Commission Secretary, 
DRBC, P.O. Box 7360, West Trenton, NJ 08628-0360; or by fax to 609-883-
9522. In all cases, the commenter's name, affiliation, and address 
should be provided in the comment document, and ``FFMP'' should appear 
in the subject line.

FOR FURTHER INFORMATION CONTACT: For further information about the 
rulemaking process, please contact Pamela M. Bush, Commission Secretary

[[Page 67876]]

and Assistant General Counsel, DRBC, at 609-883-9500 ext. 203.

SUPPLEMENTARY INFORMATION:
    Background. The Delaware River Basin Commission (``Commission'' or 
``DRBC'') was created by the Delaware River Basin Compact 
(``Compact''), a statute concurrently enacted in 1961 by the United 
States and the four basin states--Delaware, New Jersey, New York, and 
Pennsylvania. The Compact empowers the Commission, among other things, 
``to allocate the waters of the basin to and among the states signatory 
to th[e] compact and to and among their respective political 
subdivisions, and to impose conditions, obligations and release 
requirements related thereto.'' This authority is subject, however, to 
the significant limitation that the Commission may not ``impair, 
diminish or otherwise adversely affect the diversions, compensating 
releases, rights, conditions, obligations and provisions for the 
administration thereof'' established by the Supreme Court decree in New 
Jersey v. New York, 347 U.S. 995 (1954), without the unanimous consent 
of the decree parties. Compact, Sec.  3.3. The Commission and the 
decree parties are the same with two exceptions. Although the U.S. 
Government is a member of the Commission, it is not a party to the 1954 
decree; and although the City of New York is a decree party, it is not 
a member of the Commission. The Compact provides for the City of New 
York (``City'') to serve as an advisor to the State of New York in 
Commission matters.
    The 1954 Supreme Court decree gave the City the right to divert up 
to 800 million gallons per day (m.g.d.) of water from its three 
Delaware Basin reservoirs--Cannonsville, Pepacton and Neversink--
subject to the condition that it release water from its reservoirs in 
quantities designed to maintain a minimum basic rate of flow at 
Montague, New Jersey of 1,750 cubic feet per second (c.f.s.), a 
condition known as ``the Montague flow objective''. The decree further 
required the City to release annually an excess quantity (``the excess 
release quantity'' or ``ERQ'') of up to 70 billion gallons (b.g.) 
during the seasonal period June 15-March 15. The amount of the ERQ is 
determined each year based on the City's estimate of the amount by 
which its available water from all sources will exceed its estimated 
consumption for that year. (The ERQ is calculated as the lesser of 70 
b.g. or 83 percent of the amount by which the City's continuous safe 
yield during the year from all its sources obtainable without pumping 
exceeds its estimated consumption.) The decree gave New Jersey the 
right to divert up to 100 m.g.d. from the basin without compensating 
releases. It assigned to the U.S. Geological Survey the role of 
supervising the diversions and releases established by the court, in 
the person of a Delaware River Master.
    Since the Commission's creation, the agency has provided a forum 
for the decree parties and commissioners to adapt reservoir operations 
to hydrologic conditions and flow needs not contemplated by the decree. 
Almost simultaneously with the Commission's creation, a new drought of 
record from 1961 to 1967 gave rise to conditions in which the 
diversions and flow objectives established by the decree could not be 
sustained. To apportion limited water supplies in an equitable fashion, 
avert severe shortages, and avoid the need to negotiate future 
reductions during a severe drought, the parties eventually responded by 
entering into the Good Faith Agreement of 1983. ``Good Faith'', a term 
used to refer collectively to the 1983 agreement and the DRBC 
instruments adopted to implement it, among other things established a 
schedule of graduated reductions in diversions and flow objectives to 
conserve water when storage in the City's three Delaware Basin 
reservoirs declines below specified thresholds; it also established a 
flow objective of 3,000 c.f.s. at Trenton, subject to stepped 
reductions during periods of drought, to prevent chloride 
concentrations from rising in the vicinity of key water supply intakes 
in the Delaware Estuary; and it provided for supplemental releases by 
New York City and from other Delaware Basin reservoirs during drought 
emergency operations to augment river flows at Montague and Trenton in 
order to repel salt, a concept known as the ``salt front vernier.''
    DRBC with the unanimous consent of the decree parties adopted the 
Good Faith recommendations for modified diversions and flow targets 
during drought through Resolutions Nos. 83-13, 84-7 and 88-22 in 1983, 
1984 and 1988, respectively, and subsequently incorporated these 
resolutions into the Commission's Water Code. DRBC established the 
conservation releases contained in the Good Faith agreement when it 
approved Docket D-77-20 CP (Revised) with the unanimous consent of the 
decree parties in November of 1983. From time to time thereafter, in 
revisions 2 through 9 of Docket D-77-20 CP, the Commission with the 
unanimous consent of the decree parties approved temporary revisions to 
the reservoir releases program for purposes that included, among 
others, fisheries protection and spill mitigation. Some of these docket 
revisions also modified on a temporary basis reservoir operating 
conditions that had been placed in the Water Code. The latest of the 
operating conditions established by revisions 2 through 9 of Docket D-
77-20 CP expired on September 30, 2007.
    On September 26, 2007, the decree parties reached unanimous 
agreement on a Flexible Flow Management Program (FFMP) that would 
provide a framework for managing diversions and releases from New York 
City's Delaware Basin reservoirs for multiple objectives, including 
water supply, drought mitigation, flood mitigation, protection of the 
tailwaters fishery, a diverse array of habitat needs in the main stem, 
estuary and bay, recreation and salinity repulsion. On the same day, 
the Commission unanimously approved Resolution No. 2007-14, authorizing 
the Commission's executive director to publish proposed regulations for 
implementing the FFMP, and to conduct notice and comment rulemaking, 
including public hearings, on such proposed regulations. Today's notice 
is issued in accordance with that authorization.
    Water Code Sections to be Amended. The proposed rulemaking would 
place reservoir operating rules consistent with the decree parties' 
September 26, 2007 agreement into a revised Section 2.5.3 of the Water 
Code newly titled, ``Flexible Flow Management Program''. Water Code 
sections 2.5.4 (concerning drought emergency actions by the Commission 
in accordance with Section 3.3 of the Compact), 2.5.5 (providing for 
coordinated operation of lower basin and hydroelectric reservoirs 
during a basinwide drought), and 2.5.6 (relating to coordinated 
operation of upper and lower basin reservoirs during a lower basin 
drought) are proposed to be amended for consistency with the new 
Section 2.5.3. The proposed amendments to Sections 2.5.3 through 2.5.6 
collectively would comprise the ``FFMP.''
    Term of Amendments. The amendments constituting the FFMP are 
proposed to expire on May 31, 2011, unless the decree parties' 
agreement of September 26, 2007 is extended prior to that date. Absent 
further revisions adopted by the DRBC with the unanimous approval of 
the decree parties, upon expiration of the amendments comprising the 
FFMP, the New York City Delaware Basin reservoirs will be operated in 
accordance with the pre-FFMP Water Code and Docket D-77-20 CP 
(Revised).

[[Page 67877]]

    Effect of Proposed Amendments. The proposed amendments would 
substitute a fixed volume of releases called the ``Interim Excess 
Release Quantity'' for the ERQ calculated annually in accordance with a 
formula established by the decree. They would modify the schematic rule 
curves diagram that defines basinwide normal, drought watch, drought 
warning and drought emergency operating conditions by updating labeling 
of the diagram, adding a discharge mitigation trigger curve, and adding 
labels for storage levels L1 through L5. The amendments also would 
increase New Jersey's allowable diversion during drought warning and 
drought emergency operations by 15 m.g.d. and 20 m.g.d., respectively, 
above the levels established by the Good Faith agreement; eliminate the 
link established by the Good Faith agreement between the Montague flow 
objective and the location of the salt front during basinwide drought 
emergency operations (``the Montague vernier''); and establish the rate 
of releases to be made from each of the City's Delaware Basin 
reservoirs for habitat protection and discharge mitigation, based upon 
combined reservoir storage levels and individual reservoir storage 
levels.
    Key aspects of each of these proposed amendments are set forth 
below:
     An Interim Excess Release Quantity (``IERQ'') in the fixed 
amount of 15,468 c.f.s.-days for non-leap years and 17,125 c.f.s.-days 
for leap years is proposed to replace the ERQ calculated annually in 
accordance with the decree. The IERQ is proposed to be released from 
the City's Delaware Basin reservoirs during basinwide normal operations 
in order to: (1) Increase the Montague flow objective from 1,750 c.f.s. 
to 1,850 c.f.s. during the period from June 15 through September 15; 
and (2) maintain the Trenton flow objective of 3,000 c.f.s for the 
period from June 15 through March 15. All or a portion of the available 
IERQ also is proposed to be subject at any time to placement in an 
``IERQ Extraordinary Needs Bank'' to support research, aquatic life, or 
other activities approved by the DRBC with the unanimous agreement of 
the decree parties.
     Labels for the rule curves diagram that establishes 
basinwide operating conditions in accordance with combined storage in 
the City's three Delaware Basin reservoirs are proposed to be updated 
to reflect normal, drought watch, drought warning, and drought 
emergency conditions. Although the term ``drought watch'' has been used 
consistently since April 28, 1999 in accordance with a definition 
established by Docket D-77-20 CP (Revision 4), this term has not 
previously appeared in the Water Code. The label ``drought emergency'' 
is proposed to replace the more ambiguous ``drought''. No change is 
proposed to the placement of the three curves established by Docket D-
77-20 CP (Revision 4). A fourth curve is proposed to be added, however, 
to indicate the combined storage level at which L1 discharge mitigation 
releases are triggered. The rule curves with updated labeling are 
depicted in Figure 1 of proposed Section 2.5.3 F., Drought Management, 
of the proposed amendments. Figure 1 is linked to the schedule of 
diversions and flow objectives set forth in proposed Table 1 of the 
same section and to provisions set forth in the text of that section. 
Figure 1 is proposed to be further amended by the addition of labels L1 
through L5 for the five storage zones delineated by the curves. The 
storage zones correspond to minimum releases from each of the City's 
Delaware Basin reservoirs for purposes of habitat protection and 
discharge mitigation in accordance with Tables 3A through 3D of 
proposed Section 2.5.3 G., the Tailwaters Habitat Protection and 
Discharge Mitigation Program (``THP-DMP'').
     New Jersey's allowable diversion is proposed to be 
increased from 70 m.g.d. to 85 m.g.d. during drought warning operations 
and from 65 m.g.d. to 85 m.g.d. during drought emergency operations. 
The lower diversions during drought warning and drought emergency 
operations have not been changed since they were established by Good 
Faith. These amendments are proposed to be included in Table 1 of 
proposed Section 2.5.3 F., Drought Management.
     The Montague flow objective is proposed to be ``detached'' 
from the 7-day average location of the 250 mg/L chloride concentration 
(the ``salt front'') in the Delaware Estuary during basinwide drought 
emergency operations. Current Water Code provisions that link the 
Trenton flow objective to the salt front location will remain in place. 
The Montague and Trenton flow objectives are set forth in Tables 1 and 
2 of proposed Section 2.5.3 F. Rules establishing the Trenton flow 
objective for lower basin drought operating conditions are set forth in 
Section 2.5.6.
     A Tailwaters Habitat Protection and Discharge Mitigation 
Program (THP-DMP) is proposed, consisting of conservation releases to 
help maintain minimum flows and adequate temperatures in the tailwaters 
below the City's Delaware Basin reservoirs to protect the cold water 
fishery, and discharge mitigation releases designed to help mitigate 
the effects of flooding immediately below the three reservoirs. 
Releases are defined for each of the reservoirs individually, based 
upon total combined storage in accordance with the four rule curves 
contained in Figure 1 in proposed Section 2.5.3 F.
    The proposed amendments would largely eliminate the use of storage 
``banks'' for purposes of habitat protection. Such banks were central 
to the program established by Docket D-77-20 CP. Instead, conservation 
releases would be based on reservoir storage levels, resulting in 
larger releases when reservoir storage is high and smaller releases 
when storage is at or below normal. Conservation release rates for each 
storage zone are set forth in new Tables 3A thru 3D of Section 2.5.3 G.
    Discharge mitigation releases from the City's Delaware Basin 
reservoirs are proposed to be triggered when total combined storage in 
the reservoirs is in the uppermost storage zone (L1) of the rule curves 
diagram (Figure 1). When this condition applies, the individual 
reservoir storage zones (L1-a, L1-b, and L-1c) defined by Figure 2 in 
proposed Section 2.5.3 G. are proposed to be used in conjunction with 
Tables 3A through 3D to establish the applicable release rates. The 
schedule of releases (either 3A, 3B, 3C or 3D) to be used during a 
given year depends upon the quantity (not to exceed 35 m.g.d.) that the 
City makes available for the program from its allowable daily diversion 
in accordance with proposed Sub-section 2.5.3 G.2. Discharge mitigation 
releases are limited by potential downstream flood stages in accordance 
with conditions set forth in proposed Table 4 in Sub-section 2.5.3 G.4.
    Temporary Suspension or Modification of FFMP in Case of Emergency. 
The proposed amendments provide at Section 2.5.3 H. a procedure for 
temporary suspension or modification of provisions of the FFMP if the 
executive director after consultation with the decree parties and with 
their unanimous consent finds that customary notice and comment 
rulemaking by the Commission is impracticable and contrary to the 
public interest. In that event, the proposed amendments provide for the 
executive director to issue an emergency order, which must be ratified, 
rejected or modified at the next meeting of the Commission, subject to 
the unanimous approval of the decree parties. Public notice of such 
action in advance of the public meeting is required. In the event that 
a suspension or modification of rules by emergency order were proposed 
to remain in effect on more than a temporary basis, ratification by the

[[Page 67878]]

Commission would be temporary, pending completion of notice and comment 
rulemaking.
    Previous Federal Register Notices. Previous notices on the proposed 
FFMP appeared in the Federal Register on February 12, 2007 (72 FR 6509) 
and August 28, 2007 (72 FR 49268). In response to the February and 
August notices (and similar notices published in the state registers), 
the Commission received written and oral comments from more than 100 
agencies, organizations, elected officials and private citizens. The 
decree parties in revising their agreement considered the broad range 
of public comments the Commission received. The Commission will 
consider these comments along with any and all additional comments 
received during the rulemaking process.
    Related Documents. All resolutions and dockets relating to 
operation of the New York City Delaware Basin reservoirs are available 
on the Commission's Web site at www.drbc.net or upon request from the 
Delaware River Basin Commission, P.O. Box 7360, West Trenton, NJ 08628-
0360. The DRBC Web site includes a link to the site of the U.S. 
Geological Survey, Office of the Delaware River Master, https://
water.usgs.gov/orh/nrwww/odrm/, which includes the decree parties' 
September 26, 2007 agreement.
    Text of the Proposed Amendments. The text of the proposed Water 
Code amendments will be published on the DRBC Web site, www.drbc.net, 
on or before December 3, 2007.

    Dated: November 27, 2007.
Pamela M. Bush,
Commission Secretary.
[FR Doc. E7-23383 Filed 11-30-07; 8:45 am]
BILLING CODE 6360-01-P
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