Amendments to the Water Code and Comprehensive Plan To Implement a Revised Water Audit Approach To Identify and Control Water Loss, 60154-60155 [E9-27645]

Download as PDF 60154 Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Rules and Regulations marketing function employees, including drafting and redrafting contract non-price terms, without being classified as marketing function employees.6 4. EEI also requests clarification that paragraph 80 in Order No. 717–A was ‘‘intended to convey that making business decisions about non-price terms and conditions can be a marketing function if the other ‘marketing function’ criteria are met.’’ 7 5. If the Commission does not grant these requested clarifications prior to Order No. 717–A taking effect, EEI, Western Utilities, Otter Tail, and Central Vermont request that the Commission change the effective date of paragraph 80 until 90 days after the Commission issues an order addressing the merits of the issue. dcolon on DSKHWCL6B1PROD with RULES Commission Determination 6. The Commission clarifies that the language in paragraph 80 of Order No. 717–A was overly broad. The Commission further clarifies that we intended to state in paragraph 80 of Order No. 717–A that an employee making business decisions about nonprice terms and conditions can be considered a ‘‘marketing function employee’’ because that employee is actively and personally engaged in marketing functions. However, an employee who simply drafts or redrafts a contract, including non-price terms and conditions, without making business decisions is not a ‘‘marketing function employee.’’ In making our findings in paragraph 80 in Order No. 717–A, the Commission did not intend to depart from the finding in paragraph 131 in Order No. 717 that employees are not subject to the Independent Functioning Rule if they do not perform transmission functions or marketing functions or to depart from the following examples in P 131: [I]f an attorney is rendering legal advice, he may consult with both transmission function employees and marketing function employees. Likewise, a risk management employee may develop risk guidelines for both transmission function employees and marketing function employees. And regulatory personnel may present before regulatory bodies filings that cover both transmission and marketing issues. Of course, all such employees would remain subject to the No Conduit Rule, and are prohibited from transmitting transmission function information to marketing function employees.8 7. In light of the above clarification to paragraph 80 of Order No. 717–A, we 6 Otter Tail at 1; Central Vermont at 1. at 7–8. 8 Order No. 717 at P 131. 7 EEI VerDate Nov<24>2008 15:06 Nov 19, 2009 Jkt 220001 will deny the petitioners’ request to extend the compliance date with respect to paragraph 80. implement an updated water audit approach to identify and control water loss in the Basin. DATES: Effective Date: November 20, III. Document Availability 2009. The incorporation by reference of 8. In addition to publishing the full the publications listed in this rule is text of this document in the Federal approved by the Director of the Federal Register, the Commission provides all Register as of November 20, 2009. interested persons an opportunity to Applicability Date: Commencing view and/or print the contents of this January 1, 2012, the owners of water document via the Internet through supply systems serving the public with FERC’s Home Page (https://www.ferc.gov) sources or service areas located in the and in FERC’s Public Reference Room Delaware River Basin must implement during normal business hours (8:30 a.m. an annual calendar year water audit to 5 p.m. Eastern time) at 888 First program conforming to the IWA/AWWA Street, NE., Room 2A, Washington, DC Water Audit Methodology and 20426. corresponding AWWA guidance. 9. From FERC’s Home Page on the Commencing January 1, 2013, reported Internet, this information is available on ‘‘non-revenue water’’ must be computed eLibrary. The full text of this document in accordance with the new is available on eLibrary in PDF and methodology and guidance. Microsoft Word format for viewing, FOR FURTHER INFORMATION CONTACT: printing, and/or downloading. To access Pamela M. Bush, Commission Secretary this document in eLibrary, type the and Assistant General Counsel by docket number excluding the last three phoning 609–883–9500 Ext. 203, or by digits of this document in the docket e-mail to Pamela.Bush@drbc.state.nj.us. number field. SUPPLEMENTARY INFORMATION: The 10. User assistance is available for eLibrary and the FERC’s Web site during Delaware River Basin Commission (‘‘Commission’’ or ‘‘DRBC’’) is a federalnormal business hours from FERC state regional agency charged with Online Support at 202–502–6652 (toll managing the water resources of the free at 1–866–208–3676) or e-mail at Delaware River Basin without regard to ferconlinesupport@ferc.gov, or the political boundaries. Its members are Public Reference Room at (202) 502– the governors of the four basin states— 8371, TTY (202) 502–8659. E-mail the Delaware, New Jersey, New York, and Public Reference Room at Pennsylvania—and the North Atlantic public.referenceroom@ferc.gov. Division Commander of the U.S. Army IV. Effective Date Corps of Engineers, representing the federal government. 11. Changes to Order No. 717–A Notice of the proposed amendments adopted in this order on rehearing and appeared in the Federal Register (73 FR clarification are effective November 23, 44945) on August 1, 2008 as well as in 2009. the Delaware Register of Regulations on By the Commission. September 1, 2008 (12 DE Reg. 275–278 Kimberly D. Bose, (09/01/2008)), the New Jersey Register Secretary. (40 N.J.R. 4499) on August 4, 2008, the [FR Doc. E9–27875 Filed 11–19–09; 8:45 am] New York State Register (page 2) on August 20, 2008 and the Pennsylvania BILLING CODE 6717–01–P Bulletin (38 Pa. B. 4373) on August 9, 2008. The amendments to the DELAWARE RIVER BASIN Comprehensive Plan and Article 2 of the COMMISSION Water Code finalized by the 18 CFR Part 410 Commission on March 11, 2009 phase in a program requiring water purveyors Amendments to the Water Code and to perform a water audit and report their Comprehensive Plan To Implement a findings in accordance with a new audit Revised Water Audit Approach To structure established by the American Identify and Control Water Loss Water Works Association (AWWA) and the International Water Association AGENCY: Delaware River Basin (IWA). Effective January 1, 2012, the Commission. owners of water supply systems serving ACTION: Final rule. the public with sources or service areas SUMMARY: By Resolution No. 2009–01 on located in the Delaware River Basin must implement an annual calendar March 11, 2009, the Delaware River year water audit program conforming to Basin Commission (‘‘Commission’’ or the IWA/AWWA Water Audit ‘‘DRBC’’) approved amendments to its Water Code and Comprehensive Plan to Methodology and corresponding PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\20NOR1.SGM 20NOR1 dcolon on DSKHWCL6B1PROD with RULES Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Rules and Regulations AWWA guidance. Commencing January 1, 2013, reported ‘‘non-revenue water’’ must be computed in accordance with the new methodology and guidance. During the period between the effective date of the rule and ending December 31, 2011 (hereinafter, ‘‘phase-in period’’) water purveyors are encouraged to implement the new methodology and guidance on a voluntary basis. The Commission has determined that the new water audit methodology provides a rational approach that will facilitate more consistent tracking and reporting than the current approach allows. It will help water managers and regulators, including the Commission, state agencies, and utility managers, target their efforts to improve water supply efficiency, thereby reducing water withdrawals. Improving water accountability will contribute to achieving objective 1.3.C of the Water Resources Plan for the Delaware River Basin (DRBC 2004), which calls for ensuring maximum feasible efficiency of water use across all sectors. The Commission conducted an informational meeting on the proposed amendments on September 10, 2008 and a public hearing on September 25, 2008, both in West Trenton, New Jersey. Written comment on the proposed amendments was accepted through October 3, 2008. The Commission received one written submission and no oral testimony on the proposed amendment. The agency made revisions to the proposed rule on its own initiative for clarification. A comment and response document summarizing the comments on the proposed rule and setting forth the Commission’s responses and revisions in detail was approved by the Commission simultaneously with adoption of the final rule. The final form of the rule differs from the proposed rule in the following respects: For purposes of clarity, a definition of ‘‘non-revenue water’’ consistent with the AWWA definition was added to Section 2.1.6.A. of the rule. The definition of ‘‘unaccounted-for water’’ in the same section was amended to include a definition of ‘‘unaccounted-for water percent.’’ This change was made because the computation must return a percentage value so that it can be measured against the performance target of less than 15% unaccounted-for water. The Commission also added language to establish that until use of the IWA/ AWWA Water Audit methodology becomes mandatory on January 1, 2012, DRBC’s regulatory standards for leak detection and repair (i.e., measurement VerDate Nov<24>2008 15:06 Nov 19, 2009 Jkt 220001 and control of unaccounted-for-water), set forth in Section 2.1.6 of the Water Code, shall remain in force. System operators who voluntarily submit audits in a form consistent with the new methodology during the phase-in period are advised in the Commission’s comment and response document that non-revenue water volume expressed as a percentage of input volume will be treated as the equivalent of unaccounted-for-water, the measure applicable under the existing rule. The comment and response document explains that once the Water Audit method is introduced throughout the Delaware Basin and a body of data is available for analysis, a more meaningful measure of system performance will be established. DRBC Resolution No. 2009–1 and a copy of the comment and response document are both available on the DRBC Web site, https://www.drbc.net. Resolution No. 2009–1 incorporates Article 2 of the Water Code, showing the amendments as proposed in August 2008 and as finally approved by the Commission on March 11, 2009. Copies of Resolution No. 2009–1 and the Water Code may be obtained from the Commission’s Secretary and Assistant General Counsel at the telephone number and e-mail address listed above. A charge for printing and mailing may apply. List of Subjects in 18 CFR Part 410 Incorporation by reference, Water audit, Water pollution control, water reservoirs, Water supply, Watersheds. ■ For the reasons set forth in the preamble, the Delaware River Basin Commission amends part 410 of title 18 of the Code of Federal Regulations as follows: PART 410—BASIN REGULATIONS; WATER CODE AND ADMINISTRATIVE MANUAL—PART III WATER QUALITY REGULATIONS 1. The authority citation for part 410 continues to read: ■ Authority: Delaware River Basin Compact, 75 Stat. 688. 2. Revise the first sentence of paragraph (c) of § 410.1 to read as follows: ■ § 410.1 Basin regulations—Water Code and Administrative Manual—Part III Water Quality Regulations. * * * * * (c) Work, services, activities and facilities affecting the conservation, utilization, control, development or management of water resources within the Delaware River Basin are subject to PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 60155 regulations contained within the Delaware River Basin Water Code with Amendments Through March 11, 2009, Printed: November 12, 2009, and the Administrative Manual—Part III Water Quality Regulations with Amendments Through July 16, 2008, Printed: September 12, 2008. * * * * * * * * Dated: November 12, 2009. Pamela M. Bush, Secretary and Assistant General Counsel. [FR Doc. E9–27645 Filed 11–19–09; 8:45 am] BILLING CODE 6360–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 [Docket No. FDA–2009–N–0665] Oral Dosage Form New Animal Drugs; Sulfadimethoxine AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an original abbreviated new animal drug application (ANADA) filed by First Priority, Inc. The ANADA provides for use of Sulfadimethoxine Soluble Powder in medicated drinking water of cattle, chickens, and turkeys for the treatment of various bacterial infections. DATES: This rule is effective November 20, 2009. FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for Veterinary Medicine (HFV–104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240–276–8197, email: john.harshman@fda.hhs.gov. SUPPLEMENTARY INFORMATION: First Priority, Inc., 1590 Todd Farm Dr., Elgin, IL 60123, filed ANADA 200–443 for use of Sulfadimethoxine Soluble Powder in medicated drinking water of cattle, chickens, and turkeys for the treatment of various bacterial infections. First Priority, Inc.’s Sulfadimethoxine Soluble Powder is approved as a generic copy of ALBON (sulfadimethoxine) Soluble Powder, sponsored by Pfizer, Inc., under NADA 46–285. The ANADA is approved as of October 28, 2009, and 21 CFR 520.2220a are amended to reflect the approval. In accordance with the freedom of information provisions of 21 CFR part E:\FR\FM\20NOR1.SGM 20NOR1

Agencies

Delaware River Basin Commission

[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Rules and Regulations]
[Pages 60154-60155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27645]


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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 410


Amendments to the Water Code and Comprehensive Plan To Implement 
a Revised Water Audit Approach To Identify and Control Water Loss

AGENCY: Delaware River Basin Commission.

ACTION: Final rule.

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

SUMMARY: By Resolution No. 2009-01 on March 11, 2009, the Delaware 
River Basin Commission (``Commission'' or ``DRBC'') approved amendments 
to its Water Code and Comprehensive Plan to implement an updated water 
audit approach to identify and control water loss in the Basin.

DATES: Effective Date: November 20, 2009. The incorporation by 
reference of the publications listed in this rule is approved by the 
Director of the Federal Register as of November 20, 2009.
    Applicability Date: Commencing January 1, 2012, the owners of water 
supply systems serving the public with sources or service areas located 
in the Delaware River Basin must implement an annual calendar year 
water audit program conforming to the IWA/AWWA Water Audit Methodology 
and corresponding AWWA guidance. Commencing January 1, 2013, reported 
``non-revenue water'' must be computed in accordance with the new 
methodology and guidance.

FOR FURTHER INFORMATION CONTACT: Pamela M. Bush, Commission Secretary 
and Assistant General Counsel by phoning 609-883-9500 Ext. 203, or by 
e-mail to Pamela.Bush@drbc.state.nj.us.

SUPPLEMENTARY INFORMATION: The Delaware River Basin Commission 
(``Commission'' or ``DRBC'') is a federal-state regional agency charged 
with managing the water resources of the Delaware River Basin without 
regard to political boundaries. Its members are the governors of the 
four basin states--Delaware, New Jersey, New York, and Pennsylvania--
and the North Atlantic Division Commander of the U.S. Army Corps of 
Engineers, representing the federal government.
    Notice of the proposed amendments appeared in the Federal Register 
(73 FR 44945) on August 1, 2008 as well as in the Delaware Register of 
Regulations on September 1, 2008 (12 DE Reg. 275-278 (09/01/2008)), the 
New Jersey Register (40 N.J.R. 4499) on August 4, 2008, the New York 
State Register (page 2) on August 20, 2008 and the Pennsylvania 
Bulletin (38 Pa. B. 4373) on August 9, 2008.
    The amendments to the Comprehensive Plan and Article 2 of the Water 
Code finalized by the Commission on March 11, 2009 phase in a program 
requiring water purveyors to perform a water audit and report their 
findings in accordance with a new audit structure established by the 
American Water Works Association (AWWA) and the International Water 
Association (IWA). Effective January 1, 2012, the owners of water 
supply systems serving the public with sources or service areas located 
in the Delaware River Basin must implement an annual calendar year 
water audit program conforming to the IWA/AWWA Water Audit Methodology 
and corresponding

[[Page 60155]]

AWWA guidance. Commencing January 1, 2013, reported ``non-revenue 
water'' must be computed in accordance with the new methodology and 
guidance. During the period between the effective date of the rule and 
ending December 31, 2011 (hereinafter, ``phase-in period'') water 
purveyors are encouraged to implement the new methodology and guidance 
on a voluntary basis.
    The Commission has determined that the new water audit methodology 
provides a rational approach that will facilitate more consistent 
tracking and reporting than the current approach allows. It will help 
water managers and regulators, including the Commission, state 
agencies, and utility managers, target their efforts to improve water 
supply efficiency, thereby reducing water withdrawals. Improving water 
accountability will contribute to achieving objective 1.3.C of the 
Water Resources Plan for the Delaware River Basin (DRBC 2004), which 
calls for ensuring maximum feasible efficiency of water use across all 
sectors.
    The Commission conducted an informational meeting on the proposed 
amendments on September 10, 2008 and a public hearing on September 25, 
2008, both in West Trenton, New Jersey. Written comment on the proposed 
amendments was accepted through October 3, 2008. The Commission 
received one written submission and no oral testimony on the proposed 
amendment. The agency made revisions to the proposed rule on its own 
initiative for clarification. A comment and response document 
summarizing the comments on the proposed rule and setting forth the 
Commission's responses and revisions in detail was approved by the 
Commission simultaneously with adoption of the final rule.
    The final form of the rule differs from the proposed rule in the 
following respects: For purposes of clarity, a definition of ``non-
revenue water'' consistent with the AWWA definition was added to 
Section 2.1.6.A. of the rule. The definition of ``unaccounted-for 
water'' in the same section was amended to include a definition of 
``unaccounted-for water percent.'' This change was made because the 
computation must return a percentage value so that it can be measured 
against the performance target of less than 15% unaccounted-for water.
    The Commission also added language to establish that until use of 
the IWA/AWWA Water Audit methodology becomes mandatory on January 1, 
2012, DRBC's regulatory standards for leak detection and repair (i.e., 
measurement and control of unaccounted-for-water), set forth in Section 
2.1.6 of the Water Code, shall remain in force. System operators who 
voluntarily submit audits in a form consistent with the new methodology 
during the phase-in period are advised in the Commission's comment and 
response document that non-revenue water volume expressed as a 
percentage of input volume will be treated as the equivalent of 
unaccounted-for-water, the measure applicable under the existing rule. 
The comment and response document explains that once the Water Audit 
method is introduced throughout the Delaware Basin and a body of data 
is available for analysis, a more meaningful measure of system 
performance will be established.
    DRBC Resolution No. 2009-1 and a copy of the comment and response 
document are both available on the DRBC Web site, https://www.drbc.net. 
Resolution No. 2009-1 incorporates Article 2 of the Water Code, showing 
the amendments as proposed in August 2008 and as finally approved by 
the Commission on March 11, 2009. Copies of Resolution No. 2009-1 and 
the Water Code may be obtained from the Commission's Secretary and 
Assistant General Counsel at the telephone number and e-mail address 
listed above. A charge for printing and mailing may apply.

List of Subjects in 18 CFR Part 410

    Incorporation by reference, Water audit, Water pollution control, 
water reservoirs, Water supply, Watersheds.


0
For the reasons set forth in the preamble, the Delaware River Basin 
Commission amends part 410 of title 18 of the Code of Federal 
Regulations as follows:

PART 410--BASIN REGULATIONS; WATER CODE AND ADMINISTRATIVE MANUAL--
PART III WATER QUALITY REGULATIONS

0
1. The authority citation for part 410 continues to read:

    Authority:  Delaware River Basin Compact, 75 Stat. 688.


0
2. Revise the first sentence of paragraph (c) of Sec.  410.1 to read as 
follows:


Sec.  410.1   Basin regulations--Water Code and Administrative Manual--
Part III Water Quality Regulations.

* * * * *
    (c) Work, services, activities and facilities affecting the 
conservation, utilization, control, development or management of water 
resources within the Delaware River Basin are subject to regulations 
contained within the Delaware River Basin Water Code with Amendments 
Through March 11, 2009, Printed: November 12, 2009, and the 
Administrative Manual--Part III Water Quality Regulations with 
Amendments Through July 16, 2008, Printed: September 12, 2008. * * *
* * * * *

    Dated: November 12, 2009.
Pamela M. Bush,
Secretary and Assistant General Counsel.
[FR Doc. E9-27645 Filed 11-19-09; 8:45 am]
BILLING CODE 6360-01-P

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