Review and Approval of Projects, 56936-56939 [2015-23304]
Download as PDF
<![CDATA[
56936
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Proposed Rules
rmajette on DSK7SPTVN1PROD with PROPOSALS
airspace, Class E surface area airspace,
and Class E airspace extending upward
from 700 feet above the surface at
McNary Field, Salem, OR. A review of
the airspace revealed the expanded
airspace is not required for standard
instrument approach procedures for IFR
operations at the airport. Class D
airspace would extend upward from the
surface within a 4-mile radius northeast
of McNary Field, with a segment
extending from the 4-mile radius to 5
miles from the east to the northwest.
Class E surface area airspace would
extend upward from the surface within
a 4-mile radius northeast of McNary
Field, with a segment extending from
the 4-mile radius of the airport to 5
miles from the east to the northwest.
Class E airspace extending upward from
700 feet above the surface would be
modified to within a 6.2-mile radius
south to the northwest of McNary Field,
with segments extending to 6.7 miles to
the northeast, and 8.2 miles to the
southeast of the airport.
Class D and Class E airspace
designations are published in paragraph
5000, 6002, and 6005, respectively, of
FAA Order 7400.9Z, dated August 6,
2015 and effective September 15, 2015,
which is incorporated by reference in 14
CFR 71.1. The Class D and Class E
airspace designations listed in this
document will be published
subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore, this proposed regulation; (1)
is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified this proposed rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
VerDate Sep<11>2014
13:56 Sep 18, 2015
Jkt 235001
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
radius of McNary Field from the 164° bearing
from the airport clockwise to the 315°
bearing, and that airspace within a 6.7-mile
radius of McNary Field from the 315° bearing
from the airport clockwise to the 074°
bearing, and that airspace within a 8.2-mile
radius of McNary Field from the 074° bearing
from the airport clockwise to the 164° bearing
of the airport.
Issued in Seattle, Washington, on
September 11, 2015.
Johanna Forkner,
Acting Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2015–23508 Filed 9–18–15; 8:45 am]
■
1. The authority citation for 14 CFR
part 71 continues to read as follows:
BILLING CODE 4910–13–P
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
SUSQUEHANNA RIVER BASIN
COMMISSION
§ 71.1
18 CFR Part 806
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting
Points, dated August 6, 2015, and
effective September 15, 2015, is
amended as follows:
■
Paragraph 5000: Class D airspace.
*
*
*
*
Paragraph 6002: Class E Airspace Designated
as Surface Areas.
*
*
*
*
ANM OR E2 Salem, OR [Modified]
Salem, McNary Field, OR (lat. 44°54′34″
N., long. 123°00′09″ W.)
That airspace extending upward from the
surface within a 4-mile radius of McNary
Field from the 330° bearing from the airport
clockwise to the 074° bearing, and that
airspace within a 5-mile radius of McNary
Field from the 074° bearing from the airport
clockwise to the 330° bearing.
Paragraph 6005: Class E Airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
ANM OR E5 Salem, OR [Modified]
Salem, McNary Field, OR (lat. 44°54′34″
N., long. 123°00′09″ W.)
That airspace extending upward from 700
feet above the surface within a 6.2-mile
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
Susquehanna River Basin
Commission.
ACTION: Notice of proposed rulemaking;
notice of public hearing.
AGENCY:
This document contains
proposed rules that would amend the
regulations of the Susquehanna River
Basin Commission (Commission) to
simplify and clarify the process for
transferring approvals and to add
sections dealing with general permits
and modifications to approvals. These
rules are designed to improve the
Commission’s administrative processes
and add regulatory clarity.
DATES: Comments on the proposed
rulemaking may be submitted to the
Commission on or before November 9,
2015. The Commission has scheduled a
public hearing on the proposed
rulemaking, to be held October 29, 2015,
in Grantville, Pennsylvania. The
location of the public hearing is listed
in the ADDRESSES section of this
document.
ADDRESSES: Comments may be mailed
to: Jason E. Oyler, Esq., General
Counsel, Susquehanna River Basin
Commission, 4423 N. Front Street,
Harrisburg, PA 17110–1788, or by email
to regcomments@srbc.net.
The public hearing will be held on
October 29, 2015, at 7:00 p.m., at the
East Hanover Township Municipal
Building, Main Hall, 8848 Jonestown
Road, Grantville, Pa. 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:
Jason E. Oyler, Esq., General Counsel,
telephone: 717–238–0423, ext. 1312;
SUMMARY:
*
ANM OR D Salem, OR [Modified]
Salem, McNary Field, OR (lat. 44°54′34″
N., long. 123°00′09″ W.)
That airspace extending upward from the
surface to and including 2,700 feet MSL
within a 4-mile radius of McNary Field from
the 330° bearing from the airport clockwise
to the 074° bearing, and that airspace within
a 5-mile radius of McNary Field from the
074° bearing from the airport clockwise to the
330° bearing. This Class D airspace area is
effective during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Airport/Facility Directory.
*
Review and Approval of Projects
E:\FR\FM\21SEP1.SGM
21SEP1
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Proposed Rules
fax: 717–238–2436; email: joyler@
srbc.net. Also, for further information
on the proposed rulemaking, visit the
Commission’s Web site at www.srbc.net.
The
Commission is proposing to make
regulatory changes to improve its
administrative processes and add
regulatory clarity. The major focus of
these changes is to revise and simplify
the Commission’s transfer regulation,
explicitly add provisions for the
modification of a Commission approved
project, and establish a process for the
Commission to develop general permits.
1. 18 CFR 806.6. Transfer of
approvals. The Commission proposes to
delete the current section and replace it
with simplified and easier to
understand regulatory language. This
revision still allows the Executive
Director to approve transfers of
approvals. For approvals greater than 10
years old, the current regulation
requires the project sponsor to submit
entirely new applications in order to
transfer the project. The Commission
has received complaints that this
requirement is onerous and has the
effect of cutting short the term of the
approval solely because ownership is
changing, despite no changes to the
project itself or the use of the water. The
revised language will allow the transfer
to occur conditioned on the submission
of an updated metering and monitoring
plan consistent with 18 CFR 806.30. For
projects undergoing a change of
ownership that have an unapproved
withdrawal, consumptive use and/or
diversion associated with them, usually
referred to as grandfathered aspects of
the project, the current requirement to
submit applications for these
grandfathered aspects contained in 18
CFR 806.6(c) and 18 CFR 806.4(a)(1)(iv),
(a)(2)(v) and (a)(3)(iv) is retained.
However, the revised language removes
the requirement that these applications
must be made within 90 days of the date
of a change in ownership. The
Commission found that it was difficult
for project sponsors to meet this
deadline. The revised language will
allow the Executive Director to approve
the transfer with a condition requiring
these applications to be made. This will
allow the Commission to consider the
complexity and number of
grandfathered sources that will be
subject to the application requirements
and establish an appropriate and
realistic timeframe in the condition for
these applications to be submitted. Due
to the revision of the language in 18 CFR
806.6, a corresponding revision was
required to 18 CFR 806.4(c).
rmajette on DSK7SPTVN1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
13:56 Sep 18, 2015
Jkt 235001
2. 18 CFR 806.15. Notice of
Application. In paragraph (a), the
Commission proposes to amend the
time for notices to be published from 10
days to 20 days. The Commission has
received feedback that the 10 days is not
always sufficient, especially when
newspaper notices are required.
Extending this time frame allows project
sponsors more time to complete the
notices without compromising the
public’s opportunity to provide
comment. New paragraphs (h) and (i)
were added to provide specific
requirements for the newly proposed 18
CFR 806.17 (regarding general permits)
and 18 CFR 806.18 (regarding minor
modifications), respectively.
3. New 18 CFR 806.17. General
Permits. Currently, the Commission
does not have a process to establish
general permits. The Commission is
proposing a new section that would
provide the Commission the ability to
develop, issue and administer general
permits. The new regulation provides
procedures for issuance and
administration of permits, as well as
standards for denial of coverage and
when an individual approval would be
required. In crafting this regulation, the
Commission looked to similar
regulations of its member jurisdictions
for guidance. In addition, changes to 18
CFR 806.4 and 806.14 were necessary to
accommodate the addition of this new
section.
4. New 18 CFR 806.18. Approval
modifications. The Commission is
proposing to add a section specific to
modifications of approvals. The
Commission currently accepts
applications for modification, but does
not have a clear process set forth in the
regulations. The proposed section also
establishes the concept of minor and
major modifications. The process for
minor modifications provides a process
for minor changes to approval
conditions that are more likely to be
administrative in nature and have a low
degree of controversy, and therefore can
appropriately be authorized by the
Executive Director. In addition, a
change to 18 CFR 806.14 is necessary to
provide specific application
requirements for minor modifications.
Minor modifications are specifically
listed. All modifications that are not
specifically listed as a minor
modification are major modifications.
As a part of the rulemaking, the
Commission has included a nonexhaustive list of common major
modifications to provide guidance to the
public and the regulated community.
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
56937
List of Subjects in 18 CFR Part 806
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 part 806 as follows:
PART 806—REVIEW AND APPROVAL
OF PROJECTS
1. The authority citation for Part 806
continues to read as follows:
■
Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and
15.2, Pub. L. 91–575, 84 Stat. 1509 et seq.
2. Amend § 806.4 by adding paragraph
(a)(9) and revising paragraph (c) to read
as follows:
■
§ 806.4 Projects requiring review and
approval.
(a) * * *
(9) Any project subject to coverage
under a general permit issued under
§ 806.17.
*
*
*
*
*
(c) Any project that did not require
Commission approval prior to January 1,
2007, and not otherwise exempt from
the requirements of paragraph (a)(1)(iv),
(a)(2)(v), or (a)(3)(iv) pursuant to
paragraph (b) of this section, may be
undertaken by a new project sponsor
upon a change of ownership pending
action on a transfer application under
§ 806.6.
■ 3. Revise § 806.6 to read as follows:
§ 806.6
Transfer of approvals.
(a) An existing Commission approval
may be transferred to a new project
sponsor by the Executive Director
provided:
(1) The application for transfer is
submitted within 90 days of a transfer
or change in ownership of a project.
(2) The new project sponsor operates
the project subject to the same terms
and conditions of the existing approval
pending approval of the transfer
application.
(3) Any noncompliance by the
existing project sponsor associated with
the project or by the new project
sponsor associated with other projects is
resolved to the Commission’s
satisfaction.
(4) If the existing approval is greater
than 10 years old, the transfer shall be
conditioned to require the submission of
an updated metering and monitoring
plan consistent with the requirements of
§ 806.30.
(5) If the existing project has an
unapproved withdrawal, consumptive
use and/or diversion listed in paragraph
(b), the transfer shall be conditioned to
require the submission of a new
E:\FR\FM\21SEP1.SGM
21SEP1
56938
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Proposed Rules
application for review and approval of
the unapproved withdrawal,
consumptive use and/or diversion
consistent with §§ 806.4 and 806.14.
(6) Any modifications proposed by
the new project sponsor shall be subject
to a separate application and review
process under §§ 806.14. and 806.18.
(b) Previously unapproved activities
associated with a project subject to
transfer under paragraph (a) of this
section include:
(1) The project has an associated precompact consumptive water use that has
not been subject to approval or had
mitigation approved by the
Commission.
(2) The project has an associated
diversion that was initiated prior to
January 23, 1971.
(3) The project has an associated
groundwater withdrawal that was
initiated prior to July 13, 1978 and that
has not been approved by the
Commission.
(4) The project has an associated
surface water withdrawal that was
initiated prior to November 11, 1995
and that has not been approved by the
Commission.
(5) The project has a consumptive
water use approval and has an
associated withdrawal that has not been
approved by the Commission.
(c) Upon undergoing a change of
name that does not affect ownership or
control of the project, the project
sponsor must request a reissuance of the
project’s approval by the Executive
Director within 90 days from the date of
the change.
■ 4. Amend § 806.14 by revising
paragraph (a) introductory text and
adding paragraph (d) to read as follows:
rmajette on DSK7SPTVN1PROD with PROPOSALS
§ 806.14
Contents of applications.
(a) Except with respect to applications
to renew an existing Commission
approval and Notices of Intent for
approvals by rule and general permits,
applications shall include, but not be
limited to, the following information
and, where applicable, shall be
submitted on forms and in the manner
prescribed by the Commission. Renewal
applications shall include such
information that the Commission
determines to be necessary for the
review of same, shall be subject to the
standards set forth in Subpart C—
Standards for Review and Approval of
this part, and shall likewise be
submitted on forms and in the manner
prescribed by the Commission.
*
*
*
*
*
(d) Applications for minor
modifications must be complete and
will be on a form and in a manner
prescribed by the Commission.
VerDate Sep<11>2014
13:56 Sep 18, 2015
Jkt 235001
Applications for minor modifications
must contain the following:
(1) Description of the project;
(2) Description of all sources,
consumptive uses and diversions
related to the project;
(3) Description of the requested
modification;
(4) Statement of the need for the
requested modification;
(5) Demonstration that the anticipated
impact of the requested modification
will not adversely impact the water
resources of the basin; and
(6) Any other information that the
Commission or Executive Director
deems necessary.
■ 5. Amend § 806.15 by revising
paragraph (a) and adding paragraphs (h)
and (i) to read as follows:
§ 806.15
Notice of application.
(a) Any project sponsor submitting an
application to the Commission shall
provide notice thereof to the appropriate
agency of the member State, each
municipality in which the project is
located, and the county planning agency
of each county in which the project is
located. The project sponsor shall also
publish notice of submission of the
application at least once in a newspaper
of general circulation serving the area in
which the project is located. The project
sponsor shall also meet any of the notice
requirements set forth in paragraphs (b)
through (f) of this section, if applicable.
All notices required under this section
shall be provided or published no later
than 20 days after submission of the
application to the Commission and shall
contain a description of the project, its
purpose, the requested quantity of water
to be withdrawn obtained from for
sources other than withdrawals or
consumptively used, and the address,
electronic mail address, and phone
number of the project sponsor and the
Commission. All such notices shall be
in a form and manner as prescribed by
the Commission.
*
*
*
*
*
(h) For Notices of Intent (NOI) seeking
coverage under a general permit, the
project sponsor shall provide the NOI to
the appropriate agency of the member
State and each municipality and county
planning agency in which the project is
located and any additional notice
identified in the general permit.
(i) For applications for minor
modifications, the project sponsor shall
provide notice of the application to the
appropriate agency of the member State
and each municipality and county
planning agency in the which the
project is located.
■ 6. Add § 806.17 to read as follows:
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
§ 806.17
General permits.
(a) Coverage and purpose. The
Commission may issue a general permit,
in lieu of issuing individual approvals,
for a specifically described category of
diversions, water withdrawals and
consumptive uses that:
(1) Involve the same or substantially
similar types of operations or activities,
(2) Require the same limitations or
operating conditions, or both,
(3) Require the same or similar
monitoring and reporting, and
(4) Will result in minimal adverse
impacts.
(b) Procedure for issuance. (1) At least
30 days prior to the issuance of a
general permit, the Commission shall
publish notice in the Federal Register
and the member jurisdiction
administrative bulletins of the intent to
issue a general permit.
(2) At least 30 days shall be provided
for interested members of the public and
Federal, State and local agencies to
provide written comments on a
proposed general permit.
(3) The Commission or Executive
Director may, in its discretion, hold a
public hearing on a proposed general
permit.
(4) The issuance of a general permit
adopted by the Commission will be
published in the Federal Register and
the member jurisdiction administrative
bulletins. This notice shall set forth the
effective date of the general permit.
(c) Administration of general permits.
General permits may be issued,
amended, suspended, revoked, reissued
or terminated under this section.
(1) Any general permit issued under
this section shall set forth the
applicability of the permit and the
conditions that apply to any diversion,
withdrawal or consumptive use
authorized by such general permit.
(2) The Commission may fix a term to
any general permit issued.
(3) A project sponsor shall obtain
permission to divert, withdraw or
consumptively use water in accordance
with a general permit by filing a Notice
of Intent (NOI) with the Commission, in
a form and manner determined by the
Commission.
(4) Approval of coverage under a
general permit shall be determined by
the Executive Director or by any other
manner that the Commission shall
establish for any general permit.
(5) The Commission may set a fee for
NOIs to any general permit.
(6) A project sponsor shall provide
notice for NOIs in accordance with
§ 806.15(h) and any additional notice
requirements that the Commission may
adopt for any general permit.
E:\FR\FM\21SEP1.SGM
21SEP1
rmajette on DSK7SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Proposed Rules
(7) The requirements of § 806.16
apply to the review of NOIs to any
general permit.
(8) Upon reissuance or amendment of
a general permit, all project sponsors
permitted to divert, withdraw or
consumptively use water in accordance
with the previous general permit shall
be permitted to continue to operate with
the renewed or modified general permit
unless otherwise notified by the
Commission.
(d) Denial of coverage. The Executive
Director will deny or revoke coverage
under a general permit when one or
more of the following conditions exist:
(1) The project or project sponsor does
not or can no longer meet the criteria for
coverage under a general permit.
(2) The diversion, withdrawal or
consumptive use, individually or in
combination with other similar
Commission regulated activities, is
causing or has the potential to cause
adverse impacts to water resources or
competing water users.
(3) The project does not meet the
requirements of § 806.21(a) or (b).
(4) The project includes other
diversions, withdrawals or consumptive
uses that require an individual approval
and the issuance of both an individual
approval and a general permit for the
project would constitute an undue
administrative burden on the
Commission.
(5) The Executive Director determines
that a project cannot be effectively
regulated under a general permit and is
more effectively regulated under an
individual approval.
(e) Requiring an individual approval.
If coverage is denied or revoked under
paragraph (d) of this section, the project
sponsor shall be notified in writing. The
notice will include a brief statement for
the reasons for the decision. If coverage
under a general permit was previously
granted, the notice will also include a
deadline for submission of an
application for an individual approval.
Timely submission of a complete
application will result in continuation
of coverage of the applicable
withdrawal, consumptive use or
diversion under the general permit,
until the Commission takes final action
on the pending individual approval
application.
(f) Action of the commission. Action
by the Executive Director denying or
revoking coverage under a general
permit under paragraph (d) of this
section, or requiring an individual
approval under paragraph (e) of this
section, is not a final action of the
Commission until the project sponsor
submits and the Commission takes final
VerDate Sep<11>2014
13:56 Sep 18, 2015
Jkt 235001
56939
action on an individual approval
application.
■ 7. Add § 806.18 to read as follows:
(3) The Commission may approve,
approve with conditions or deny an
application for major modification.
§ 806.18
Dated: September 11, 2015.
Stephanie L. Richardson,
Secretary to the Commission.
Approval modifications.
(a) General. A project sponsor shall
submit an application for modification
of a current approval prior to making a
change in the design, operational plans,
or use as presented in the application
upon which the approval was originally
issued, and that will affect the terms
and conditions of the current approval.
(b) Applications for modification. (1)
A project sponsor may apply for a
modification of a current approval by
submitting an application for
modification to the Commission.
(c) Minor modifications. The
following are considered minor
modifications:
(1) Correction of typographical errors;
(2) Changes to monitoring or metering
conditions;
(3) Addition of sources of water for
consumptive use;
(4) Changes to the authorized water
uses;
(5) Changes to conditions setting a
schedule for developing, implementing,
and/or reporting on monitoring, data
collection and analyses;
(6) Changes to the design of intakes;
(7) Increases to total system limits that
were established based on the projected
demand of the project; and
(8) Modify approval to allow the
modification of extraction well network
used for groundwater remediation
systems.
(d) Major modifications. Major
modifications are changes not
considered to be minor modifications.
Major modifications may include, but
are not limited to:
(1) Increases in the quantity of water
withdrawals, consumptive uses or
diversions;
(2) Increases to peak day consumptive
water use;
(3) Increases to the instantaneous
withdrawal rate or changes from a single
withdrawal rate to a varied withdrawal
rate;
(4) Changes affecting passby flows
requirements; and
(5) Changes that have the potential for
adverse impacts to water resources or
competing water users.
(e) Notice and approval. (1)
Applications for modifications are
subject to the notice requirements of
§ 806.15.
(2) The Commission or Executive
Director may approve, approve with
conditions or deny an application for
minor modification, or direct that an
application for major modification be
made.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
[FR Doc. 2015–23304 Filed 9–18–15; 8:45 am]
BILLING CODE 7040–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 202, 212, 246, and 252
[Docket No. 2015–0038]
RIN 0750–AI58
Defense Federal Acquisition
Regulation Supplement: Detection and
Avoidance of Counterfeit Electronic
Parts—Further Implementation
(DFARS Case 2014–D005)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
further implement a requirement of the
National Defense Authorization Act for
Fiscal Year 2012, as modified by a
section of the National Defense
Authorization Act for Fiscal Year 2015,
that addresses required sources of
electronic parts for defense contractors
and subcontractors.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
November 20, 2015, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2014–D005,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2014–D005’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2014–
D005.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2014–
D005’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2014–D005 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy G.
SUMMARY:
E:\FR\FM\21SEP1.SGM
21SEP1
]]>Agencies
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Proposed Rules]
[Pages 56936-56939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23304]
=======================================================================
-----------------------------------------------------------------------
SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Part 806
Review and Approval of Projects
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice of proposed rulemaking; notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: This document contains proposed rules that would amend the
regulations of the Susquehanna River Basin Commission (Commission) to
simplify and clarify the process for transferring approvals and to add
sections dealing with general permits and modifications to approvals.
These rules are designed to improve the Commission's administrative
processes and add regulatory clarity.
DATES: Comments on the proposed rulemaking may be submitted to the
Commission on or before November 9, 2015. The Commission has scheduled
a public hearing on the proposed rulemaking, to be held October 29,
2015, in Grantville, Pennsylvania. The location of the public hearing
is listed in the ADDRESSES section of this document.
ADDRESSES: Comments may be mailed to: Jason E. Oyler, Esq., General
Counsel, Susquehanna River Basin Commission, 4423 N. Front Street,
Harrisburg, PA 17110-1788, or by email to regcomments@srbc.net.
The public hearing will be held on October 29, 2015, at 7:00 p.m.,
at the East Hanover Township Municipal Building, Main Hall, 8848
Jonestown Road, Grantville, Pa. 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: Jason E. Oyler, Esq., General Counsel,
telephone: 717-238-0423, ext. 1312;
[[Page 56937]]
fax: 717-238-2436; email: joyler@srbc.net. Also, for further
information on the proposed rulemaking, visit the Commission's Web site
at www.srbc.net.
SUPPLEMENTARY INFORMATION: The Commission is proposing to make
regulatory changes to improve its administrative processes and add
regulatory clarity. The major focus of these changes is to revise and
simplify the Commission's transfer regulation, explicitly add
provisions for the modification of a Commission approved project, and
establish a process for the Commission to develop general permits.
1. 18 CFR 806.6. Transfer of approvals. The Commission proposes to
delete the current section and replace it with simplified and easier to
understand regulatory language. This revision still allows the
Executive Director to approve transfers of approvals. For approvals
greater than 10 years old, the current regulation requires the project
sponsor to submit entirely new applications in order to transfer the
project. The Commission has received complaints that this requirement
is onerous and has the effect of cutting short the term of the approval
solely because ownership is changing, despite no changes to the project
itself or the use of the water. The revised language will allow the
transfer to occur conditioned on the submission of an updated metering
and monitoring plan consistent with 18 CFR 806.30. For projects
undergoing a change of ownership that have an unapproved withdrawal,
consumptive use and/or diversion associated with them, usually referred
to as grandfathered aspects of the project, the current requirement to
submit applications for these grandfathered aspects contained in 18 CFR
806.6(c) and 18 CFR 806.4(a)(1)(iv), (a)(2)(v) and (a)(3)(iv) is
retained. However, the revised language removes the requirement that
these applications must be made within 90 days of the date of a change
in ownership. The Commission found that it was difficult for project
sponsors to meet this deadline. The revised language will allow the
Executive Director to approve the transfer with a condition requiring
these applications to be made. This will allow the Commission to
consider the complexity and number of grandfathered sources that will
be subject to the application requirements and establish an appropriate
and realistic timeframe in the condition for these applications to be
submitted. Due to the revision of the language in 18 CFR 806.6, a
corresponding revision was required to 18 CFR 806.4(c).
2. 18 CFR 806.15. Notice of Application. In paragraph (a), the
Commission proposes to amend the time for notices to be published from
10 days to 20 days. The Commission has received feedback that the 10
days is not always sufficient, especially when newspaper notices are
required. Extending this time frame allows project sponsors more time
to complete the notices without compromising the public's opportunity
to provide comment. New paragraphs (h) and (i) were added to provide
specific requirements for the newly proposed 18 CFR 806.17 (regarding
general permits) and 18 CFR 806.18 (regarding minor modifications),
respectively.
3. New 18 CFR 806.17. General Permits. Currently, the Commission
does not have a process to establish general permits. The Commission is
proposing a new section that would provide the Commission the ability
to develop, issue and administer general permits. The new regulation
provides procedures for issuance and administration of permits, as well
as standards for denial of coverage and when an individual approval
would be required. In crafting this regulation, the Commission looked
to similar regulations of its member jurisdictions for guidance. In
addition, changes to 18 CFR 806.4 and 806.14 were necessary to
accommodate the addition of this new section.
4. New 18 CFR 806.18. Approval modifications. The Commission is
proposing to add a section specific to modifications of approvals. The
Commission currently accepts applications for modification, but does
not have a clear process set forth in the regulations. The proposed
section also establishes the concept of minor and major modifications.
The process for minor modifications provides a process for minor
changes to approval conditions that are more likely to be
administrative in nature and have a low degree of controversy, and
therefore can appropriately be authorized by the Executive Director. In
addition, a change to 18 CFR 806.14 is necessary to provide specific
application requirements for minor modifications. Minor modifications
are specifically listed. All modifications that are not specifically
listed as a minor modification are major modifications. As a part of
the rulemaking, the Commission has included a non-exhaustive list of
common major modifications to provide guidance to the public and the
regulated community.
List of Subjects in 18 CFR Part 806
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 part 806 as
follows:
PART 806--REVIEW AND APPROVAL OF PROJECTS
0
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.
0
2. Amend Sec. 806.4 by adding paragraph (a)(9) and revising paragraph
(c) to read as follows:
Sec. 806.4 Projects requiring review and approval.
(a) * * *
(9) Any project subject to coverage under a general permit issued
under Sec. 806.17.
* * * * *
(c) Any project that did not require Commission approval prior to
January 1, 2007, and not otherwise exempt from the requirements of
paragraph (a)(1)(iv), (a)(2)(v), or (a)(3)(iv) pursuant to paragraph
(b) of this section, may be undertaken by a new project sponsor upon a
change of ownership pending action on a transfer application under
Sec. 806.6.
0
3. Revise Sec. 806.6 to read as follows:
Sec. 806.6 Transfer of approvals.
(a) An existing Commission approval may be transferred to a new
project sponsor by the Executive Director provided:
(1) The application for transfer is submitted within 90 days of a
transfer or change in ownership of a project.
(2) The new project sponsor operates the project subject to the
same terms and conditions of the existing approval pending approval of
the transfer application.
(3) Any noncompliance by the existing project sponsor associated
with the project or by the new project sponsor associated with other
projects is resolved to the Commission's satisfaction.
(4) If the existing approval is greater than 10 years old, the
transfer shall be conditioned to require the submission of an updated
metering and monitoring plan consistent with the requirements of Sec.
806.30.
(5) If the existing project has an unapproved withdrawal,
consumptive use and/or diversion listed in paragraph (b), the transfer
shall be conditioned to require the submission of a new
[[Page 56938]]
application for review and approval of the unapproved withdrawal,
consumptive use and/or diversion consistent with Sec. Sec. 806.4 and
806.14.
(6) Any modifications proposed by the new project sponsor shall be
subject to a separate application and review process under Sec. Sec.
806.14. and 806.18.
(b) Previously unapproved activities associated with a project
subject to transfer under paragraph (a) of this section include:
(1) The project has an associated pre-compact consumptive water use
that has not been subject to approval or had mitigation approved by the
Commission.
(2) The project has an associated diversion that was initiated
prior to January 23, 1971.
(3) The project has an associated groundwater withdrawal that was
initiated prior to July 13, 1978 and that has not been approved by the
Commission.
(4) The project has an associated surface water withdrawal that was
initiated prior to November 11, 1995 and that has not been approved by
the Commission.
(5) The project has a consumptive water use approval and has an
associated withdrawal that has not been approved by the Commission.
(c) Upon undergoing a change of name that does not affect ownership
or control of the project, the project sponsor must request a
reissuance of the project's approval by the Executive Director within
90 days from the date of the change.
0
4. Amend Sec. 806.14 by revising paragraph (a) introductory text and
adding paragraph (d) to read as follows:
Sec. 806.14 Contents of applications.
(a) Except with respect to applications to renew an existing
Commission approval and Notices of Intent for approvals by rule and
general permits, applications shall include, but not be limited to, the
following information and, where applicable, shall be submitted on
forms and in the manner prescribed by the Commission. Renewal
applications shall include such information that the Commission
determines to be necessary for the review of same, shall be subject to
the standards set forth in Subpart C--Standards for Review and Approval
of this part, and shall likewise be submitted on forms and in the
manner prescribed by the Commission.
* * * * *
(d) Applications for minor modifications must be complete and will
be on a form and in a manner prescribed by the Commission. Applications
for minor modifications must contain the following:
(1) Description of the project;
(2) Description of all sources, consumptive uses and diversions
related to the project;
(3) Description of the requested modification;
(4) Statement of the need for the requested modification;
(5) Demonstration that the anticipated impact of the requested
modification will not adversely impact the water resources of the
basin; and
(6) Any other information that the Commission or Executive Director
deems necessary.
0
5. Amend Sec. 806.15 by revising paragraph (a) and adding paragraphs
(h) and (i) to read as follows:
Sec. 806.15 Notice of application.
(a) Any project sponsor submitting an application to the Commission
shall provide notice thereof to the appropriate agency of the member
State, each municipality in which the project is located, and the
county planning agency of each county in which the project is located.
The project sponsor shall also publish notice of submission of the
application at least once in a newspaper of general circulation serving
the area in which the project is located. The project sponsor shall
also meet any of the notice requirements set forth in paragraphs (b)
through (f) of this section, if applicable. All notices required under
this section shall be provided or published no later than 20 days after
submission of the application to the Commission and shall contain a
description of the project, its purpose, the requested quantity of
water to be withdrawn obtained from for sources other than withdrawals
or consumptively used, and the address, electronic mail address, and
phone number of the project sponsor and the Commission. All such
notices shall be in a form and manner as prescribed by the Commission.
* * * * *
(h) For Notices of Intent (NOI) seeking coverage under a general
permit, the project sponsor shall provide the NOI to the appropriate
agency of the member State and each municipality and county planning
agency in which the project is located and any additional notice
identified in the general permit.
(i) For applications for minor modifications, the project sponsor
shall provide notice of the application to the appropriate agency of
the member State and each municipality and county planning agency in
the which the project is located.
0
6. Add Sec. 806.17 to read as follows:
Sec. 806.17 General permits.
(a) Coverage and purpose. The Commission may issue a general
permit, in lieu of issuing individual approvals, for a specifically
described category of diversions, water withdrawals and consumptive
uses that:
(1) Involve the same or substantially similar types of operations
or activities,
(2) Require the same limitations or operating conditions, or both,
(3) Require the same or similar monitoring and reporting, and
(4) Will result in minimal adverse impacts.
(b) Procedure for issuance. (1) At least 30 days prior to the
issuance of a general permit, the Commission shall publish notice in
the Federal Register and the member jurisdiction administrative
bulletins of the intent to issue a general permit.
(2) At least 30 days shall be provided for interested members of
the public and Federal, State and local agencies to provide written
comments on a proposed general permit.
(3) The Commission or Executive Director may, in its discretion,
hold a public hearing on a proposed general permit.
(4) The issuance of a general permit adopted by the Commission will
be published in the Federal Register and the member jurisdiction
administrative bulletins. This notice shall set forth the effective
date of the general permit.
(c) Administration of general permits. General permits may be
issued, amended, suspended, revoked, reissued or terminated under this
section.
(1) Any general permit issued under this section shall set forth
the applicability of the permit and the conditions that apply to any
diversion, withdrawal or consumptive use authorized by such general
permit.
(2) The Commission may fix a term to any general permit issued.
(3) A project sponsor shall obtain permission to divert, withdraw
or consumptively use water in accordance with a general permit by
filing a Notice of Intent (NOI) with the Commission, in a form and
manner determined by the Commission.
(4) Approval of coverage under a general permit shall be determined
by the Executive Director or by any other manner that the Commission
shall establish for any general permit.
(5) The Commission may set a fee for NOIs to any general permit.
(6) A project sponsor shall provide notice for NOIs in accordance
with Sec. 806.15(h) and any additional notice requirements that the
Commission may adopt for any general permit.
[[Page 56939]]
(7) The requirements of Sec. 806.16 apply to the review of NOIs to
any general permit.
(8) Upon reissuance or amendment of a general permit, all project
sponsors permitted to divert, withdraw or consumptively use water in
accordance with the previous general permit shall be permitted to
continue to operate with the renewed or modified general permit unless
otherwise notified by the Commission.
(d) Denial of coverage. The Executive Director will deny or revoke
coverage under a general permit when one or more of the following
conditions exist:
(1) The project or project sponsor does not or can no longer meet
the criteria for coverage under a general permit.
(2) The diversion, withdrawal or consumptive use, individually or
in combination with other similar Commission regulated activities, is
causing or has the potential to cause adverse impacts to water
resources or competing water users.
(3) The project does not meet the requirements of Sec. 806.21(a)
or (b).
(4) The project includes other diversions, withdrawals or
consumptive uses that require an individual approval and the issuance
of both an individual approval and a general permit for the project
would constitute an undue administrative burden on the Commission.
(5) The Executive Director determines that a project cannot be
effectively regulated under a general permit and is more effectively
regulated under an individual approval.
(e) Requiring an individual approval. If coverage is denied or
revoked under paragraph (d) of this section, the project sponsor shall
be notified in writing. The notice will include a brief statement for
the reasons for the decision. If coverage under a general permit was
previously granted, the notice will also include a deadline for
submission of an application for an individual approval. Timely
submission of a complete application will result in continuation of
coverage of the applicable withdrawal, consumptive use or diversion
under the general permit, until the Commission takes final action on
the pending individual approval application.
(f) Action of the commission. Action by the Executive Director
denying or revoking coverage under a general permit under paragraph (d)
of this section, or requiring an individual approval under paragraph
(e) of this section, is not a final action of the Commission until the
project sponsor submits and the Commission takes final action on an
individual approval application.
0
7. Add Sec. 806.18 to read as follows:
Sec. 806.18 Approval modifications.
(a) General. A project sponsor shall submit an application for
modification of a current approval prior to making a change in the
design, operational plans, or use as presented in the application upon
which the approval was originally issued, and that will affect the
terms and conditions of the current approval.
(b) Applications for modification. (1) A project sponsor may apply
for a modification of a current approval by submitting an application
for modification to the Commission.
(c) Minor modifications. The following are considered minor
modifications:
(1) Correction of typographical errors;
(2) Changes to monitoring or metering conditions;
(3) Addition of sources of water for consumptive use;
(4) Changes to the authorized water uses;
(5) Changes to conditions setting a schedule for developing,
implementing, and/or reporting on monitoring, data collection and
analyses;
(6) Changes to the design of intakes;
(7) Increases to total system limits that were established based on
the projected demand of the project; and
(8) Modify approval to allow the modification of extraction well
network used for groundwater remediation systems.
(d) Major modifications. Major modifications are changes not
considered to be minor modifications. Major modifications may include,
but are not limited to:
(1) Increases in the quantity of water withdrawals, consumptive
uses or diversions;
(2) Increases to peak day consumptive water use;
(3) Increases to the instantaneous withdrawal rate or changes from
a single withdrawal rate to a varied withdrawal rate;
(4) Changes affecting passby flows requirements; and
(5) Changes that have the potential for adverse impacts to water
resources or competing water users.
(e) Notice and approval. (1) Applications for modifications are
subject to the notice requirements of Sec. 806.15.
(2) The Commission or Executive Director may approve, approve with
conditions or deny an application for minor modification, or direct
that an application for major modification be made.
(3) The Commission may approve, approve with conditions or deny an
application for major modification.
Dated: September 11, 2015.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2015-23304 Filed 9-18-15; 8:45 am]
BILLING CODE 7040-01-P
