Review and Approval of Projects, 31647-31649 [E9-15542]
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Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules
number included in the Trade Capture
Report during the previous month or
longer. The master file will effectively
establish a baseline of account
information. Subsequently, each
exchange would be required to file a
weekly ‘‘change file’’ reporting only
changes that occurred during the week
(e.g., new accounts, deleted accounts, or
changes to accounts already in the
master file). Is there a more convenient
way to provide the required information
on a regular basis? Do changes occur so
frequently that a change file should be
submitted daily instead of weekly?
6. What entities will have to report
raw data to exchanges so that exchanges
can compile the information required by
the OCR? Since these entities will
already be in possession of OCR
information, what additional measures
will they have to take to transmit it to
exchanges or prepare it for
transmission? What will be the dollar
and staff-hour cost of those measures?
To the extent possible, please itemize
costs related to initial implementation
as well as regular reporting costs.
7. How long will it take exchanges to
assemble the necessary information and
transmit the first OCR to the
Commission? What will be the dollar
and staff-hour costs associated with
providing the OCR? To the extent
possible, please itemize costs related to
initial implementation as well as regular
reporting.
8. Will the OCR impose any disparate
impact on small businesses? If so, how
can it be minimized? Please describe
and estimate the number of small
entities that will be impacted.
V. Conclusion
The Commission invites comment on
this Advanced Notice and the specific
questions presented above. The
comments and answers received will be
used in developing a proposed rule with
respect to the OCR at a later date.
Issued in Washington, DC, on June 26,
2009 by the Commission.
David Stawick,
Secretary of the Commission.
[FR Doc. E9–15665 Filed 7–1–09; 8:45 am]
BILLING CODE P
SUSQUEHANNA RIVER BASIN
COMMISSION
18 CFR Parts 806 and 808
Review and Approval of Projects
AGENCY: Susquehanna River Basin
Commission (SRBC).
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17:13 Jul 01, 2009
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ACTION: Notice of proposed rulemaking
and public hearing.
SUMMARY: This document contains
proposed rules that would amend
project review regulations to include
provisions specifically requiring
Commission approval of projects
undergoing Federal Energy Regulatory
Commission (FERC) and Nuclear
Regulatory Commission (NRC) licensing
actions that affect the basin’s water
resources; restricting the use of docket
reopening petitions to avoid abuses of
process; amending the ‘‘Approval by
Rule’’ (ABR) process to standardize ABR
notice procedures and allow for project
sponsors to utilize approved water
sources at approved drilling pad sites
without the need for modification of the
ABR; clarifying that the public hearing
requirement for rulemaking shall be
applicable to the proposed rulemaking
stage of that process; and further
providing for the time period within
which administrative appeals must be
filed.
DATES: Comments on these proposed
rules may be submitted to the SRBC on
or before August 15, 2009. The
Commission has scheduled two public
hearings on the proposed rules, to be
held August 4, 2009, in Harrisburg,
Pennsylvania, and August 5, 2009, in
Elmira, New York. The locations of the
public hearings are 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 hearings will be held on
Tuesday, August 4, 2009, at 10 a.m., at
the Rachel Carson State Office Building,
400 Market Street, Harrisburg, PA
17101, and Wednesday, August 5, 2009,
at 7 p.m., at the Holiday Inn—Elmira
Riverview, 760 E. Water Street, Elmira,
New York 14901. 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,
telephone: 717–238–0423, ext. 306; 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:
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31647
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,
Public Law 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, administrative
appeals, and enforcement actions.
18 CFR 806.4(a) contains broad
authority for the review and approval of
water resources projects by the
Commission, including projects on or
crossing the boundary between two
member States, projects in a member
State having a significant effect on the
water resources in another member
State, and projects affecting the SRBC
comprehensive plan. Nevertheless, there
is no express provision in § 806.4
specifically requiring that projects
affecting the water resources of the
basin and undergoing licensing actions
by the FERC or the NRC be approved by
the Commission, although that is its
current practice. To remove any
uncertainty regarding the need for
approval of such projects, the
Commission proposes to insert language
covering certain projects involved in
FERC and NRC licensing procedures.
18 CFR 806.22(f), which was adopted
by the Commission as a final rule on
December 4, 2008, and published in the
Federal Register on December 23, 2008,
at p. 78618, provides an ‘‘Approval by
Rule’’ (ABR) procedure for consumptive
use related to natural gas well
development that is separate from the
pre-existing ABR process for projects
supplied by public water systems,
which is contained in 18 CFR 806.22(e).
The Commission proposes to modify the
public notice provisions related to both
ABR provisions to make them
consistent, and simplify the
administration of the natural gas ABR
procedure to allow project sponsors to
utilize all approved sources at any
approved drilling pad site without the
need to register its own water source
approvals or the need to modify each
ABR issued for subsequently issued
approvals. It also would allow for
registration of other approved sources to
allow for use at the project sponsor’s
approved drilling pad sites.
18 CFR 806.32 allows for the
reopening of a project approval upon
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Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules
the motion of the Commission, or upon
application of the project sponsor or any
interested party for the purpose of
making additional orders that may be
necessary to mitigate or avoid adverse
impacts or otherwise protect the public
health, safety, and welfare or water
resources. In two recent cases,
interested parties whose § 808.2
administrative appeals were denied,
then attempted to use § 806.32 to obtain
administrative review of the same
matter. The Commission believes that
one administrative proceeding seeking
relief on a particular issue is sufficient.
Therefore the Commission proposes to
amend § 806.32 to limit the filing of a
petition to reopen where the matter has
already been considered by the
Commission in an administrative appeal
proceeding under § 808.2.
18 CFR 808.1 sets forth the public
hearing requirements for various
commission actions, including
rulemaking. It is the practice of the
Commission to meet this public hearing
requirement at the proposed rulemaking
stage. However, the current regulation
does not make this intent clear, referring
only to ‘‘rulemaking.’’ To clarify the rule
and make it consistent with the
Commission’s current practice, new
language is added to § 808.1(a)(2) and
808.1(c).
Finally, 18 CFR 808.2 9(a) specifies
that an administrative appeal shall be
filed within 30 days of the action or
decision of the Commission or
Executive Director. In the case of
appeals of project approvals, however,
the Commission believes that due
process safeguards require that the
appeal period run from the time
constructive notice of the action is given
by the Commission for aggrieved
persons other than the project sponsor.
Therefore, the Commission proposes to
amend this provision to allow an appeal
period of 30 days from the date a notice
of a project approval appears in the
Federal Register. For project sponsors,
the 30 day appeal period would run
from the date of receipt of actual notice.
List of Subjects in 18 CFR Parts 806 and
808
Administrative practice and
procedure, Water resources.
Accordingly, for the reasons set forth
in the preamble, the Susquehanna River
Basin Commission proposes to amend
18 CFR Parts 806 and 808 as follows:
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15:34 Jul 01, 2009
Jkt 217001
PART 806—REVIEW AND APPROVAL
OF PROJECTS
Subpart C—Standards for Review and
Approval
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 § 806.4, revise paragraphs (a)(7)
and (a)(8) and add paragraph (a)(9) to
read as follows:
§ 806.4 Projects requiring review and
approval.
(a) * * *
(7) Any hydroelectric project
regulated by the United States Federal
Energy Regulatory Commission and
initiating a licensing or license
amendment process pursuant to 18 CFR
Part 4 that may affect the water
resources of the basin.
(8) Any nuclear power project
regulated by the United States Nuclear
Regulatory Commission and initiating a
licensing, renewal, license amendment
or license uprate process pursuant to 10
CFR Part 55 that may affect the water
resources of the basin.
(9) Any other project so determined
by the Commissioners or Executive
Director pursuant to § 806.5 or 18 CFR
part 801. Such project sponsors shall be
notified in writing by the Executive
Director.
*
*
*
*
*
2. In § 806.22, revise paragraphs
(e)(1)(i)(B), (e)(1)(ii)(f)(2), (f)(3), (f)(11)
and add paragraph (f)(12) to read as
follows:
§ 806.22
water.
Standards for consumptive use of
*
*
*
*
*
(e) * * *
(1) * * *
(i) * * *
(B) Send a copy of the NOI to the
appropriate agencies of the member
State, and to each municipality and
county in which the project is located.
The project sponsor shall submit a copy
of the United States Postal Service
return receipt, or other proof of service
acceptable to the Commission, for such
notifications within 10 days of submittal
of the NOI.
(ii) Within 10 days after submittal of
an NOI under paragraph (e)(1)(i) of this
section, the project sponsor shall submit
to the Commission proof of publication
in a newspaper of general circulation in
the location of the project, a display ad
notice of its intent to operate under an
approval by rule, which contains a
sufficient description of the project, its
purpose, the proposed public water
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Fmt 4702
Sfmt 4702
supply source(s), the requested
consumptive use amount and its
location. This notice shall also contain
the address, electronic mail address and
telephone number of the Commission.
The Commission may further prescribe
the form and manner of such notice.
*
*
*
*
*
(f) * * *
(2) Notification of Intent: Prior to
undertaking a project or increasing a
previously approved quantity of
consumptive use, the project sponsor
shall submit a Notice of Intent (NOI) on
forms prescribed by the Commission,
and the appropriate fee, along with any
required attachments. The project
sponsor shall send a copy of the NOI to
the appropriate agencies of the member
State, and to each municipality and
county in which the project is located.
The project sponsor shall submit a copy
of the United States Postal Service
return receipt, or other proof of service
acceptable to the Commission, for such
notifications within 10 days of submittal
of the NOI.
(3) Within 10 days after submittal of
an NOI under paragraph (f)(2) of this
section, the project sponsor shall submit
to the Commission proof of publication
in a newspaper of general circulation in
the location of the project of a display
ad notice of its intent to operate under
an approval by rule, which contains a
sufficient description of the project, its
purpose, any new proposed water
source(s), the requested consumptive
use amount and its location. This notice
shall also contain the address, electronic
mail address and telephone number of
the Commission. The Commission may
further prescribe the form and manner
of such notice.
*
*
*
*
*
(11) A project sponsor issued an
approval by rule pursuant to paragraph
(f)(9) of this section may utilize any
water source approved for use by the
project sponsor for natural gas well
development pursuant to §§ 806.4 or
this section, at the applicable drilling
pad site subject to any approval or
authorization required by the member
State to utilize such source(s).
(12) The following additional sources
of water may be utilized by a project
sponsor in conjunction with an
approval by rule issued pursuant to
paragraph (f)(9) of this section:
(i) Water withdrawals or diversions
approved by the Commission pursuant
to § 806.4(a) and issued to persons other
than the project sponsor, provided any
such source is approved for use in
natural gas well development, the
project sponsor has an agreement for its
use, and at least 10 days prior to use, the
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Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules
project sponsor registers such source
with the Commission on a form and in
a manner as prescribed by the
Commission, and provides a copy of
same to the appropriate agency of the
member State.
(ii) Sources of water other than those
subject to paragraph (f)(12)(i) of this
section, including, but not limited to,
public water supply, wastewater
discharge or other reclaimed waters,
provided such sources are first
approved by the Executive Director
pursuant to this section. Any request to
utilize such source(s) shall be submitted
on a form and in a manner as prescribed
by the Commission, and shall be subject
to review pursuant to the standards set
forth in subpart C of this part. Any
approval issued hereunder shall be
further subject to any approval or
authorization required by the member
State to utilize such source(s). The
notice requirements related to agencies
of member States, municipalities and
counties contained in paragraph (f)(2) of
this section, and the notice
requirements contained in paragraph
(f)(3) of this section, shall likewise be
applicable to any request submitted
hereunder.
Subpart D—Terms and Conditions of
Approval
3. In § 806.32, revise paragraph (a) to
read as follows:
§ 806.32
Reopening/modification.
(a) Once a project is approved, the
Commission, upon its own motion, or
upon petition of the project sponsor or
any interested party, may at any time
reopen any project approval and make
additional orders or otherwise modify or
impose such additional conditions that
may be necessary to mitigate or avoid
adverse impacts or to otherwise protect
the public health, safety, and welfare or
water resources. Whenever a petition for
reopening is filed by an interested party,
the burden shall be upon that interested
party to show, by a preponderance of
the evidence, that a significant adverse
impact or a threat to the public health,
safety and welfare or water resources
exists that warrants reopening of the
docket. Notwithstanding the foregoing,
any petition filed by a party who
previously sought the same or similar
relief identified in the petition pursuant
to the administrative appeals process
under § 808.2 will not be eligible for
consideration by the Commission absent
new facts not known or readily
discernable at the time of consideration
of the petitioner’s previous request for
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15:34 Jul 01, 2009
Jkt 217001
administrative appeal filed pursuant to
§ 808.2.
*
*
*
*
*
PART 808—HEARINGS AND
ENFORCEMENT ACTIONS
Subpart A—Conduct of Hearings
4. The authority citation for Part 808
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.
5. In § 808.1, revise paragraphs (a)(2)
and (c) to read as follows:
31649
approvals or denials, such appeal shall
be filed with the Commission within 30
days of the action or decision. In the
case of a project approval or denial,
such appeal shall be filed by a project
sponsor within 30 days of receipt of
actual notice, and by all others within
30 days of publication of notice of the
action taken on the project in the
Federal Register.
Dated: June 18, 2009.
Paul O. Swartz,
Executive Director.
[FR Doc. E9–15542 Filed 7–1–09; 8:45 am]
BILLING CODE 7040–01–P
§ 808.1
Public hearings.
(a) * * *
(2) Proposed rulemaking.
*
*
*
*
*
(c) Notice of public hearing. At least
20 days before any public hearing
required by the compact, notices stating
the date, time, place and purpose of the
hearing including issues of interest to
the Commission shall be published at
least once in a newspaper of general
circulation in the area affected.
Occasions when public hearings are
required by the compact include, but are
not limited to, amendments to the
comprehensive plan, drought
emergency declarations, and review and
approval of diversions. In all other
cases, at least 10 days prior to the
hearing, notice shall be posted at the
office of the Commission (or on the
Commission Web site), mailed by first
class mail to the parties who, to the
Commission’s knowledge, will
participate in the hearing, and mailed
by first class mail to persons,
organizations and news media who have
made requests to the Commission for
notices of hearings or of a particular
hearing. With regard to rulemaking, the
Commission shall convene at least one
public hearing on any proposed
rulemaking it approves for public
review and comment. For any such
hearing(s), notices need only be
forwarded to the directors of the New
York Register, the Pennsylvania
bulletin, the Maryland Register and the
Federal Register, and it is sufficient that
this notice appear only in the Federal
Register at least 20 days prior to the
hearing and in each individual State
publication at least 10 days prior to any
hearing scheduled in that State.
6. In § 808.2, revise paragraph (a) to
read as follows:
§ 808.2
Administrative appeals.
(a) A project sponsor or other person
aggrieved by any action or decision of
the Commission or Executive Director
may file a written appeal requesting a
hearing. Except with respect to project
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–B–1054]
Proposed Flood Elevation
Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
SUMMARY: Comments are requested on
the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed
BFE modifications for the communities
listed in the table below. The purpose
of this notice is to seek general
information and comment regarding the
proposed regulatory flood elevations for
the reach described by the downstream
and upstream locations in the table
below. The BFEs and modified BFEs are
a part of the floodplain management
measures that the community is
required either to adopt or show
evidence of having in effect in order to
qualify or remain qualified for
participation in the National Flood
Insurance Program (NFIP). In addition,
these elevations, once finalized, will be
used by insurance agents and others to
calculate appropriate flood insurance
premium rates for new buildings and
the contents in those buildings.
DATES: Comments are to be submitted
on or before September 30, 2009.
ADDRESSES: The corresponding
preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each
community is available for inspection at
the community’s map repository. The
respective addresses are listed in the
table below.
You may submit comments, identified
by Docket No. FEMA–B–1054, to
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Agencies
[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Proposed Rules]
[Pages 31647-31649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15542]
=======================================================================
-----------------------------------------------------------------------
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 include provisions specifically requiring
Commission approval of projects undergoing Federal Energy Regulatory
Commission (FERC) and Nuclear Regulatory Commission (NRC) licensing
actions that affect the basin's water resources; restricting the use of
docket reopening petitions to avoid abuses of process; amending the
``Approval by Rule'' (ABR) process to standardize ABR notice procedures
and allow for project sponsors to utilize approved water sources at
approved drilling pad sites without the need for modification of the
ABR; clarifying that the public hearing requirement for rulemaking
shall be applicable to the proposed rulemaking stage of that process;
and further providing for the time period within which administrative
appeals must be filed.
DATES: Comments on these proposed rules may be submitted to the SRBC on
or before August 15, 2009. The Commission has scheduled two public
hearings on the proposed rules, to be held August 4, 2009, in
Harrisburg, Pennsylvania, and August 5, 2009, in Elmira, New York. The
locations of the public hearings are 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 hearings will be held on Tuesday, August 4, 2009, at 10
a.m., at the Rachel Carson State Office Building, 400 Market Street,
Harrisburg, PA 17101, and Wednesday, August 5, 2009, at 7 p.m., at the
Holiday Inn--Elmira Riverview, 760 E. Water Street, Elmira, New York
14901. 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,
telephone: 717-238-0423, ext. 306; 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, Public Law 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, administrative appeals,
and enforcement actions.
18 CFR 806.4(a) contains broad authority for the review and
approval of water resources projects by the Commission, including
projects on or crossing the boundary between two member States,
projects in a member State having a significant effect on the water
resources in another member State, and projects affecting the SRBC
comprehensive plan. Nevertheless, there is no express provision in
Sec. 806.4 specifically requiring that projects affecting the water
resources of the basin and undergoing licensing actions by the FERC or
the NRC be approved by the Commission, although that is its current
practice. To remove any uncertainty regarding the need for approval of
such projects, the Commission proposes to insert language covering
certain projects involved in FERC and NRC licensing procedures.
18 CFR 806.22(f), which was adopted by the Commission as a final
rule on December 4, 2008, and published in the Federal Register on
December 23, 2008, at p. 78618, provides an ``Approval by Rule'' (ABR)
procedure for consumptive use related to natural gas well development
that is separate from the pre-existing ABR process for projects
supplied by public water systems, which is contained in 18 CFR
806.22(e). The Commission proposes to modify the public notice
provisions related to both ABR provisions to make them consistent, and
simplify the administration of the natural gas ABR procedure to allow
project sponsors to utilize all approved sources at any approved
drilling pad site without the need to register its own water source
approvals or the need to modify each ABR issued for subsequently issued
approvals. It also would allow for registration of other approved
sources to allow for use at the project sponsor's approved drilling pad
sites.
18 CFR 806.32 allows for the reopening of a project approval upon
[[Page 31648]]
the motion of the Commission, or upon application of the project
sponsor or any interested party for the purpose of making additional
orders that may be necessary to mitigate or avoid adverse impacts or
otherwise protect the public health, safety, and welfare or water
resources. In two recent cases, interested parties whose Sec. 808.2
administrative appeals were denied, then attempted to use Sec. 806.32
to obtain administrative review of the same matter. The Commission
believes that one administrative proceeding seeking relief on a
particular issue is sufficient. Therefore the Commission proposes to
amend Sec. 806.32 to limit the filing of a petition to reopen where
the matter has already been considered by the Commission in an
administrative appeal proceeding under Sec. 808.2.
18 CFR 808.1 sets forth the public hearing requirements for various
commission actions, including rulemaking. It is the practice of the
Commission to meet this public hearing requirement at the proposed
rulemaking stage. However, the current regulation does not make this
intent clear, referring only to ``rulemaking.'' To clarify the rule and
make it consistent with the Commission's current practice, new language
is added to Sec. 808.1(a)(2) and 808.1(c).
Finally, 18 CFR 808.2 9(a) specifies that an administrative appeal
shall be filed within 30 days of the action or decision of the
Commission or Executive Director. In the case of appeals of project
approvals, however, the Commission believes that due process safeguards
require that the appeal period run from the time constructive notice of
the action is given by the Commission for aggrieved persons other than
the project sponsor. Therefore, the Commission proposes to amend this
provision to allow an appeal period of 30 days from the date a notice
of a project approval appears in the Federal Register. For project
sponsors, the 30 day appeal period would run from the date of receipt
of actual notice.
List of Subjects in 18 CFR Parts 806 and 808
Administrative practice and procedure, Water resources.
Accordingly, for the reasons set forth in the preamble, the
Susquehanna River Basin Commission proposes to amend 18 CFR Parts 806
and 808 as follows:
PART 806--REVIEW AND APPROVAL OF PROJECTS
Subpart C--Standards for Review and Approval
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. 806.4, revise paragraphs (a)(7) and (a)(8) and add
paragraph (a)(9) to read as follows:
Sec. 806.4 Projects requiring review and approval.
(a) * * *
(7) Any hydroelectric project regulated by the United States
Federal Energy Regulatory Commission and initiating a licensing or
license amendment process pursuant to 18 CFR Part 4 that may affect the
water resources of the basin.
(8) Any nuclear power project regulated by the United States
Nuclear Regulatory Commission and initiating a licensing, renewal,
license amendment or license uprate process pursuant to 10 CFR Part 55
that may affect the water resources of the basin.
(9) Any other project so determined by the Commissioners or
Executive Director pursuant to Sec. 806.5 or 18 CFR part 801. Such
project sponsors shall be notified in writing by the Executive
Director.
* * * * *
2. In Sec. 806.22, revise paragraphs (e)(1)(i)(B),
(e)(1)(ii)(f)(2), (f)(3), (f)(11) and add paragraph (f)(12) to read as
follows:
Sec. 806.22 Standards for consumptive use of water.
* * * * *
(e) * * *
(1) * * *
(i) * * *
(B) Send a copy of the NOI to the appropriate agencies of the
member State, and to each municipality and county in which the project
is located. The project sponsor shall submit a copy of the United
States Postal Service return receipt, or other proof of service
acceptable to the Commission, for such notifications within 10 days of
submittal of the NOI.
(ii) Within 10 days after submittal of an NOI under paragraph
(e)(1)(i) of this section, the project sponsor shall submit to the
Commission proof of publication in a newspaper of general circulation
in the location of the project, a display ad notice of its intent to
operate under an approval by rule, which contains a sufficient
description of the project, its purpose, the proposed public water
supply source(s), the requested consumptive use amount and its
location. This notice shall also contain the address, electronic mail
address and telephone number of the Commission. The Commission may
further prescribe the form and manner of such notice.
* * * * *
(f) * * *
(2) Notification of Intent: Prior to undertaking a project or
increasing a previously approved quantity of consumptive use, the
project sponsor shall submit a Notice of Intent (NOI) on forms
prescribed by the Commission, and the appropriate fee, along with any
required attachments. The project sponsor shall send a copy of the NOI
to the appropriate agencies of the member State, and to each
municipality and county in which the project is located. The project
sponsor shall submit a copy of the United States Postal Service return
receipt, or other proof of service acceptable to the Commission, for
such notifications within 10 days of submittal of the NOI.
(3) Within 10 days after submittal of an NOI under paragraph (f)(2)
of this section, the project sponsor shall submit to the Commission
proof of publication in a newspaper of general circulation in the
location of the project of a display ad notice of its intent to operate
under an approval by rule, which contains a sufficient description of
the project, its purpose, any new proposed water source(s), the
requested consumptive use amount and its location. This notice shall
also contain the address, electronic mail address and telephone number
of the Commission. The Commission may further prescribe the form and
manner of such notice.
* * * * *
(11) A project sponsor issued an approval by rule pursuant to
paragraph (f)(9) of this section may utilize any water source approved
for use by the project sponsor for natural gas well development
pursuant to Sec. Sec. 806.4 or this section, at the applicable
drilling pad site subject to any approval or authorization required by
the member State to utilize such source(s).
(12) The following additional sources of water may be utilized by a
project sponsor in conjunction with an approval by rule issued pursuant
to paragraph (f)(9) of this section:
(i) Water withdrawals or diversions approved by the Commission
pursuant to Sec. 806.4(a) and issued to persons other than the project
sponsor, provided any such source is approved for use in natural gas
well development, the project sponsor has an agreement for its use, and
at least 10 days prior to use, the
[[Page 31649]]
project sponsor registers such source with the Commission on a form and
in a manner as prescribed by the Commission, and provides a copy of
same to the appropriate agency of the member State.
(ii) Sources of water other than those subject to paragraph
(f)(12)(i) of this section, including, but not limited to, public water
supply, wastewater discharge or other reclaimed waters, provided such
sources are first approved by the Executive Director pursuant to this
section. Any request to utilize such source(s) shall be submitted on a
form and in a manner as prescribed by the Commission, and shall be
subject to review pursuant to the standards set forth in subpart C of
this part. Any approval issued hereunder shall be further subject to
any approval or authorization required by the member State to utilize
such source(s). The notice requirements related to agencies of member
States, municipalities and counties contained in paragraph (f)(2) of
this section, and the notice requirements contained in paragraph (f)(3)
of this section, shall likewise be applicable to any request submitted
hereunder.
Subpart D--Terms and Conditions of Approval
3. In Sec. 806.32, revise paragraph (a) to read as follows:
Sec. 806.32 Reopening/modification.
(a) Once a project is approved, the Commission, upon its own
motion, or upon petition of the project sponsor or any interested
party, may at any time reopen any project approval and make additional
orders or otherwise modify or impose such additional conditions that
may be necessary to mitigate or avoid adverse impacts or to otherwise
protect the public health, safety, and welfare or water resources.
Whenever a petition for reopening is filed by an interested party, the
burden shall be upon that interested party to show, by a preponderance
of the evidence, that a significant adverse impact or a threat to the
public health, safety and welfare or water resources exists that
warrants reopening of the docket. Notwithstanding the foregoing, any
petition filed by a party who previously sought the same or similar
relief identified in the petition pursuant to the administrative
appeals process under Sec. 808.2 will not be eligible for
consideration by the Commission absent new facts not known or readily
discernable at the time of consideration of the petitioner's previous
request for administrative appeal filed pursuant to Sec. 808.2.
* * * * *
PART 808--HEARINGS AND ENFORCEMENT ACTIONS
Subpart A--Conduct of Hearings
4. The authority citation for Part 808 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.
5. In Sec. 808.1, revise paragraphs (a)(2) and (c) to read as
follows:
Sec. 808.1 Public hearings.
(a) * * *
(2) Proposed rulemaking.
* * * * *
(c) Notice of public hearing. At least 20 days before any public
hearing required by the compact, notices stating the date, time, place
and purpose of the hearing including issues of interest to the
Commission shall be published at least once in a newspaper of general
circulation in the area affected. Occasions when public hearings are
required by the compact include, but are not limited to, amendments to
the comprehensive plan, drought emergency declarations, and review and
approval of diversions. In all other cases, at least 10 days prior to
the hearing, notice shall be posted at the office of the Commission (or
on the Commission Web site), mailed by first class mail to the parties
who, to the Commission's knowledge, will participate in the hearing,
and mailed by first class mail to persons, organizations and news media
who have made requests to the Commission for notices of hearings or of
a particular hearing. With regard to rulemaking, the Commission shall
convene at least one public hearing on any proposed rulemaking it
approves for public review and comment. For any such hearing(s),
notices need only be forwarded to the directors of the New York
Register, the Pennsylvania bulletin, the Maryland Register and the
Federal Register, and it is sufficient that this notice appear only in
the Federal Register at least 20 days prior to the hearing and in each
individual State publication at least 10 days prior to any hearing
scheduled in that State.
6. In Sec. 808.2, revise paragraph (a) to read as follows:
Sec. 808.2 Administrative appeals.
(a) A project sponsor or other person aggrieved by any action or
decision of the Commission or Executive Director may file a written
appeal requesting a hearing. Except with respect to project approvals
or denials, such appeal shall be filed with the Commission within 30
days of the action or decision. In the case of a project approval or
denial, such appeal shall be filed by a project sponsor within 30 days
of receipt of actual notice, and by all others within 30 days of
publication of notice of the action taken on the project in the Federal
Register.
Dated: June 18, 2009.
Paul O. Swartz,
Executive Director.
[FR Doc. E9-15542 Filed 7-1-09; 8:45 am]
BILLING CODE 7040-01-P