Amendments to the Rules of Practice and Procedure To Allow Each Signatory Party and the Commission To Administer a Single Process for the Review and Adjudication of Projects, 5585-5589 [2016-02048]
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February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. For the same reason, the
FAA certifies that this amendment will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports,
Incorporation by reference, Navigation
(air).
Issued in Washington, DC, on December
31, 2015.
John S. Duncan,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me, Title 14,
Code of Federal Regulations, Part 97, (14
CFR part 97), is amended by amending
Standard Instrument Approach
Procedures and Takeoff Minimums and
ODPs, effective at 0901 UTC on the
dates specified, as follows:
PART 97—STANDARD INSTRUMENT
APPROACH PROCEDURES
1. The authority citation for part 97
continues to read as follows:
■
AIRAC date
State
City
Airport
FDC No.
5585
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40106, 40113, 40114, 40120, 44502, 44514,
44701, 44719, 44721–44722.
2. Part 97 is amended to read as
follows:
■
§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33,
97.35 [Amended]
By amending: § 97.23 VOR, VOR/
DME, VOR or TACAN, and VOR/DME
or TACAN; § 97.25 LOC, LOC/DME,
LDA, LDA/DME, SDF, SDF/DME;
§ 97.27 NDB, NDB/DME; § 97.29 ILS,
ILS/DME, MLS, MLS/DME, MLS/RNAV;
§ 97.31 RADAR SIAPs; § 97.33 RNAV
SIAPs; and § 97.35 COPTER SIAPs,
Identified as follows:
* * * Effective Upon Publication
FDC date
Subject
4–Feb–16 ..........
ID
Blackfoot .....................
McCarley Fld ..............
5/7026
12/7/15
4–Feb–16
4–Feb–16
4–Feb–16
4–Feb–16
4–Feb–16
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TN
TN
TN
ID
KY
Oneida ........................
Oneida ........................
Oneida ........................
Blackfoot .....................
Mount Sterling ............
5/0865
5/0866
5/0867
5/0898
5/2877
12/18/15
12/18/15
12/18/15
12/23/15
12/18/15
4–Feb–16 ..........
KY
Springfield ...................
5/4582
12/18/15
VOR/DME RWY 11, Amdt 4B.
4–Feb–16 ..........
GA
Atlanta .........................
5/5998
12/18/15
4–Feb–16 ..........
GA
Atlanta .........................
5/5999
12/18/15
Takeoff Minimums and (Obstacle) DP, Amdt 2.
ILS OR LOC RWY 27, Amdt 4C.
4–Feb–16 ..........
GA
Atlanta .........................
5/6001
12/18/15
RNAV (GPS) RWY 27, Amdt 4A.
4–Feb–16 ..........
GA
Atlanta .........................
5/6003
12/18/15
VOR/DME RWY 9, Amdt 2.
4–Feb–16 ..........
4–Feb–16 ..........
NY
GA
New York ....................
Atlanta .........................
5/6013
5/6855
12/18/15
12/18/15
ILS OR LOC RWY 4, Amdt 36C.
RNAV (GPS) RWY 9, Amdt 3.
4–Feb–16
4–Feb–16
4–Feb–16
4–Feb–16
4–Feb–16
4–Feb–16
4–Feb–16
AL
AL
WV
NJ
NJ
NJ
NJ
Brewton .......................
Brewton .......................
Moundsville .................
Trenton .......................
Trenton .......................
Trenton .......................
Trenton .......................
Scott Muni ...................
Scott Muni ...................
Scott Muni ...................
McCarley Fld ..............
Mount Sterling-Montgomery County.
Lebanon SpringfieldGeorge Hoerter
Field.
Cobb County-MC
Collum Field.
Cobb County-MC
Collum Field.
Cobb County-MC
Collum Field.
Cobb County-MC
Collum Field.
Laguardia ....................
Cobb County-MC
Collum Field.
Brewton Muni ..............
Brewton Muni ..............
Marshall County ..........
Trenton Mercer ...........
Trenton Mercer ...........
Trenton Mercer ...........
Trenton Mercer ...........
This NOTAM, published in TL
16–03, is hereby rescinded in
its entirety.
RNAV (GPS) RWY 5, Amdt 1A.
RNAV (GPS) RWY 23, Amdt 1A.
VOR/DME–A, Amdt 5B.
RNAV (GPS)–A, Orig.
RNAV (GPS) RWY 21, Orig-A.
5/7450
5/7451
5/8483
5/9988
5/9989
5/9990
5/9997
12/18/15
12/18/15
12/18/15
12/22/15
12/22/15
12/22/15
12/22/15
RNAV (GPS) RWY 6, Orig.
RNAV (GPS) RWY 24, Orig.
VOR/DME–A, Amdt 2A.
ILS OR LOC RWY 6, Amdt 10A.
VOR OR GPS–A, Amdt 11.
RNAV (GPS) Z RWY 6, Orig-A.
RNAV (GPS) Z RWY 24, Amdt
1A.
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[FR Doc. 2016–01858 Filed 2–2–16; 8:45 am]
BILLING CODE 4910–13–P
DELAWARE RIVER BASIN
COMMISSION
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18 CFR Part 401
Amendments to the Rules of Practice
and Procedure To Allow Each
Signatory Party and the Commission
To Administer a Single Process for the
Review and Adjudication of Projects
Delaware River Basin
Commission.
ACTION: Final rule.
AGENCY:
This final rule will be effective
March 4, 2016.
DATES:
The Delaware River Basin
Commission is amending its regulations
SUMMARY:
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to provide for the One Process/One
Permit Program. The Program is
intended to promote interagency
cooperation and collaboration on shared
mission objectives, achieve regulatory
program efficiencies, avoid unnecessary
duplication of effort, and reduce the
potential for confusion on the part of
regulated entities and the public
regarding regulatory requirements
applicable to projects.
FOR FURTHER INFORMATION CONTACT:
Technical information: David Kovach,
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609–477–7264. Legal information:
Pamela Bush, 609–477–7203.
SUPPLEMENTARY INFORMATION:
Background
The Delaware River Basin
Commission (‘‘DRBC’’ or
‘‘Commission’’) is a federal-interstate
compact agency charged with managing
the water resources of the Delaware
River Basin on a regional basis 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.
Specifically, this final rule amends
subchapter A—Administrative Manual,
part 401—Rules of Practice and
Procedure, subpart C—Project Review
Under Section 3.8 of the Compact by the
addition of a new section 401.42,
providing for DRBC and each of the
parties to the Delaware River Basin
Compact (United States Pub. L. 87–328,
Approved September 27, 1961, 75 U.S.
Statutes at Large 688; 53 Delaware Laws,
Chapter 71, Approved May 26, 1961;
New Jersey Laws of 1961, Chapter 13,
Approved May 1, 1961; New York Laws
of 1961, Chapter 148, Approved March
17, 1961; and Pennsylvania Acts of
1961, Act No. 268, Approved July 7,
1961 (‘‘the Compact’’))—Delaware, New
Jersey, New York, Pennsylvania and the
federal government (‘‘Signatory
Parties’’)—to coordinate and collaborate
in the administration of a single process
for the review and adjudication of
certain projects, including, where
appropriate, issuance of a single permit
or other approval instrument.
Currently, the sponsors of many water
resource-related projects in the
Delaware River Basin are required to
apply to both the DRBC and a state
agency, among others, for approvals.
New section 401.42 provides for the
DRBC and the administrative agencies
of the Signatory Parties to identify
regulatory programs that by mutual
agreement will be managed through a
single process that may result in one
decision or approval. The program,
known as One Process/One Permit
(hereinafter, ‘‘the Program or ‘‘One
Permit’’) is intended to promote
interagency cooperation and
collaboration on shared mission
objectives, achieve regulatory program
efficiencies, avoid unnecessary
duplication of effort, and reduce the
potential for confusion on the part of
regulated entities and the public
regarding regulatory requirements
applicable to projects. Importantly, the
rule expressly preserves the authorities
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of the DRBC and each of its Signatory
Parties and effects no change to federal,
state or DRBC substantive standards and
requirements.
In accordance with this final rule,
administrative agreements between
DRBC and Signatory Party agencies to
implement the Program may be
approved by the Commission after each
such agreement undergoes a duly
noticed public hearing. In accordance
with Resolution No. 2015–4 of the
Commission, which was adopted on
March 11, 2015 following a public
hearing on March 10, 2015, an
administrative agreement between the
DRBC and the New Jersey Department of
Environmental Protection (NJDEP) was
executed, in part to demonstrate how
the Program would operate in New
Jersey. With adoption of the final rule,
DRBC and NJDEP will fully implement
their March 2015 agreement.
Notably, each Signatory Party may
choose whether and when to initiate an
agreement or agreements with DRBC
under the Program. No draft agreements
with Signatory Party agencies other than
the NJDEP to implement the Program
have yet been published for comment.
Procedural Background
The Commission introduced One
Permit to the basin community during
meetings with regulated entities,
environmental organizations and other
stakeholders on February 12 and March
3, 2015 and through publication on the
DRBC Web site of a press release and a
set of FAQs on February 27, 2015.
During the Commission’s quarterly
public meeting on March 10–11, 2015,
the Commission approved Resolution
No. 2015–4, in part authorizing and
directing the Executive Director to
initiate rulemaking to amend DRBC’s
Rules of Practice and Procedure to
provide specific authorization for and
define the scope of the Program. Notice
of the proposed amendments was
published on the Commission’s Web
site on May 17, 2015.
Notice of the proposed amendments
also appeared in the Federal Register at
80 FR 28567, May 19, 2015; in the
Delaware Register of Regulations, 18 DE
Reg. 1002, June 1, 2015; New Jersey
Register, 47 N.J.R. 1256, June 1, 2015;
New York State Register, May 27, 2015
(page 4); and Pennsylvania Bulletin, 45
Pa. B. 2611, May 30, 2015. The
Commission held a public hearing on
the proposal on June 9, 2015 and
accepted written comments on the rule
through July 1, 2015.
Rule Highlights
Notable aspects of the final rule
include the following:
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• Section 401.42(b) provides that
applications for approvals required by
the Compact and Commission
regulations, but not within the scope of
the Program, must continue to be
submitted to the Commission.
• To ensure continued public access
to information on the status of all
projects under review pursuant to the
Delaware River Basin Compact,
including those administered under One
Permit, § 401.42(d)(2) establishes that
participating Signatory Party agencies
will notify DRBC at least once monthly
of applications received under the
Program; and § 401.42(d)(5) establishes
that the list that the Commission will
maintain of projects being administered
under One Permit will be posted on the
Commission’s Web site.
• Section 401.42(h) provides that
DRBC’s current Project Review Fee
Schedule as set forth in Resolution No.
2009–2 will be the operative fee
schedule for projects reviewed under
the Program.
• Section 401.42(i) provides
mechanisms for the efficient disposition
of Commission dockets during the
transition to One Permit. Section
401.42(i)(1) provides that for projects
covered by the Program, the most recent
docket will be deemed administratively
continued when a renewal application
is timely submitted to the Signatory
Party Agency. Section 401.42(i)(2)
provides that unless the Executive
Director or the Commission otherwise
directs, upon the Signatory Party
Agency’s final action on an application
for a project subject to the Program, (a)
any existing or administratively
continued docket will terminate as to all
of its provisions and conditions within
the scope of the Signatory Party Agency
approval; and (b) such docket will
continue in effect as to any provisions
and conditions outside the scope of the
Signatory Party Agency approval,
including for example, addition of a
project to the Comprehensive Plan.
• The rule authorizes Signatory Party
agencies, in accordance with an
applicable administrative agreement, to
issue in their approvals for projects to
be administered under the Program the
finding and determination required by
section 3.8 of the Compact that a project
subject to section 3.8 review does not
substantially impair or conflict with the
Commission’s Comprehensive Plan
(‘‘the finding’’). Section 401.42(d)(4)
makes clear that where in accordance
with an applicable administrative
agreement implementing One Permit the
finding continues to be made by the
Commission, the Signatory Party agency
may include the Commission’s finding
in the agency’s approval, together with
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any conditions identified by the
Commission as necessary to support it,
thereby achieving a unified permit.
• The final rule also makes clear (1)
that participation in the program by
Signatory Party agencies is voluntary;
and (2) that the scope of a Signatory
Party Agency’s participation is defined
by an administrative agreement between
DRBC and the agency that has been duly
adopted in accordance with § 401.42(d).
Additional Materials
Additional materials can be found on
the Commission’s Web site at
www.drbc.net. These include DRBC
Resolution No. 2015–9 approving the
final rule, at https://www.nj.gov/drbc/
library/documents/Res2015-09_
OPOPwith-final-rule-text.pdf; and the
Commission’s detailed comment and
response document, which identifies
commenters, summarizes comments
received on the proposal, and sets forth
the Commission’s responses, at https://
www.nj.gov/drbc/library/documents/
OPOP/comment-and-response_
OPOP.pdf. The version of the Rules of
Practice and Procedure that is currently
CFR Unit
Administrative Manual [Part II]
Rules of Practice and Procedure
Article 3—Project Review Under Section 3.8
of the Compact.
2.3.11 ...............................................................
2.3.11 A ............................................................
2.3.11 B ............................................................
2.3.11 C ...........................................................
2.3.11 D ...........................................................
2.3.11 E ............................................................
2.3.11 F ............................................................
401.42(g) ............................................................
2.3.11 G ...........................................................
401.42(h) ............................................................
401.42(i) .............................................................
2.3.11 H ...........................................................
2.3.11 I .............................................................
401.42(j) .............................................................
2.3.11 J ............................................................
401.42(k) ............................................................
2.3.11 K ............................................................
List of Subjects in 18 CFR Part 401
Administrative practice and
procedure, Project review, Water
pollution control, Water resources.
For the reasons set forth in the
preamble, the Delaware River Basin
Commission amends part 401 of title 18
of the Code of Federal Regulations as
follows:
PART 401—RULES OF PRACTICE AND
PROCEDURE
1. The authority citation for part 401
continues to read as follows:
■
Authority: Delaware River Basin Compact
(75 Stat. 688), unless otherwise noted.
Subpart C—Project Review Under
Section 3.8 of the Compact
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posted on DRBC’s Web site at https://
www.nj.gov/drbc/library/documents/
admin_manual.pdf uses DRBC’s
original numbering system, which is
different from that of the CFR. In the
original system, the One Permit Program
rules are set forth at new section 2.3.11.
A list of the CFR units and
corresponding DRBC units follows. A
complete stand-alone version of the
Rules of Practice and Procedure using
the CFR system will be available on the
DRBC Web site shortly.
DRBC Unit
Title 18 Conservation of Power and Water Resources.
Chapter III—Delaware River Basin Commission.
Subchapter A—Administrative Manual ...............
Part 401—Rules of Practice and Procedure ......
Subpart C—Project Review Under Section 3.8
of the Compact.
401.42 .................................................................
401.42(a) ............................................................
401.42(b) ............................................................
401.42(c) ............................................................
401.42(d) ............................................................
401.42(e) ............................................................
401.42(f) .............................................................
■
2. Add § 401.42 to read as follows:
§ 401.42
One Permit Program.
(a) Purpose. The purpose of the One
Permit Program set forth in this section
is to provide the opportunity for the
environmental agency and/or other
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Title or Caption
administrative agency of a Signatory
Party (‘‘Signatory Party Agency’’) and
the Commission to coordinate and
collaborate in the administration of a
single process for the review and
adjudication of projects. The One Permit
Program allows the Signatory Party
Agency and Commission to incorporate
requirements and determinations of
both entities in a single permit or other
approval instrument, pursuant to a duly
adopted Administrative Agreement
under paragraph (d) of this section.
(b) Scope. This section applies to all
projects that:
(1) Are reviewable under the
Compact;
(2) Meet the thresholds for review set
forth in § 401.35 of these Rules of
Practice and Procedure;
(3) Are subject to review by a
Signatory Party Agency under its own
statutory authorities; and
(4) Are within regulatory programs
that have been identified in a duly
adopted Administrative Agreement
between the Commission and a
Signatory Party Agency under this
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5587
One Permit Program.
Purpose.
Scope.
Regulatory programs.
Procedure.
Comprehensive Plan projects.
Retention of Commission review and enforcement authorities.
Exhaustion of Signatory Party administrative
remedies prerequisite to appeal.
Fees.
Effect of One Permit Program on Commission
dockets.
Modification of Rules of Practice and Procedure to conform to this section.
No interference with Supreme Court decree.
section. For any project that requires an
approval under the Compact that is
outside the scope of the Signatory Party
Agency’s approval issued in accordance
with an Administrative Agreement
under this section, the project sponsor
shall apply to the Commission in
accordance with procedures established
by the Commission.
(c) Regulatory programs. Regulatory
programs eligible for administration
under the One Permit Program may
include but are not limited to those
concerning: Basin discharges, Basin
water withdrawals, and Basin flood
plain requirements.
(d) Procedure. The categories of
projects covered and the procedures for
processing applications under the One
Permit Program shall be set forth in one
or more Administrative Agreements
between the Commission and the
Signatory Party Agency that have been
adopted by the Commission following a
duly noticed public hearing and are in
form and substance acceptable to the
Commission and the Signatory Party
Agency, consistent with the following:
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(1) Except as provided in paragraphs
(b) and (e) of this section or in an
Administrative Agreement that has been
duly executed by the Commission and
the Signatory Party Agency under this
section, an application for initial
approval, renewal or revision of any
project subject to the One Permit
Program shall be filed only with the
Signatory Party Agency.
(2) To enable the Commission to
compile and make available to the
public a current list of pending
applications for projects within the
Basin subject to Commission
jurisdiction, the Signatory Party Agency
shall notify the Commission at least
monthly of applications the Signatory
Party has received during the preceding
month that may be eligible for review
under the One Permit Program.
(3) For those categories of projects
identified in the Administrative
Agreement as requiring Commission
input, the Commission staff shall
provide the Signatory Party Agency
with such input, including where
specified by the Administrative
Agreement, a recommendation as to any
conditions of approval that may be
necessary or appropriate to include in
the project review determination under
Section 3.8 of the Compact as to those
regulatory programs identified in an
Administrative Agreement in
accordance with paragraph (b) of this
section.
(4) Unless the Signatory Party Agency
disapproves the project or the
Administrative Agreement provides for
separate Commission action under
Section 3.8 of the Compact, the
Signatory Party Agency shall make the
project review determination under
Section 3.8 of the Compact, as specified
in the Administrative Agreement, as to
the regulatory program covered by the
Signatory Party Agency’s approval and
include the determination and any
associated conditions of approval
within the permit or other approval
instrument that it issues to the project
sponsor. If in accordance with the
applicable Administrative Agreement
the determination under Section 3.8 of
the Compact is made by the
Commission, the Signatory Party
Agency may include the determination
together with any associated conditions
of approval in its permit or other
approval instrument covering the
project.
(5) The Commission will maintain on
its Web site a list of all projects being
administered pursuant to the Program.
(e) Comprehensive Plan projects.
Articles 11 and 13 of the Compact
require certain projects to be included
in the Comprehensive Plan. To add a
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project not yet included in the
Comprehensive Plan, the project
sponsor shall submit a separate
application to the Commission. If
following its review and public hearing
the Commission approves the addition
of the project to the Comprehensive
Plan, the Commission’s approval will
include such project requirements as are
necessary under the Compact and
Commission regulations. All other
project approvals that may be required
from the Signatory Party Agency or the
Commission under regulatory programs
administered pursuant to this section
may be issued through the One Permit
Program. An application for renewal or
modification of a project in the
Comprehensive Plan that does not
change the project so substantially as to
render it a new and different project
may be submitted only to the Signatory
Party Agency unless otherwise specified
in the Administrative Agreement.
(f) Retention of Commission review
and enforcement authorities.
Notwithstanding any other provision of
this section, any Commissioner or the
Executive Director may designate for
Commission review any project that is
reviewable under the Compact. Nothing
in this section shall limit the authority
of the Commission to exercise its review
authority under the Compact and
applicable Commission regulations.
Similarly, although Administrative
Agreements executed pursuant to this
section may include collaborative and
cooperative compliance and
enforcement procedures, nothing in this
section shall limit the authority of the
Commission to exercise its enforcement
authority under the Compact and
applicable regulations.
(g) Exhaustion of Signatory Party
administrative remedies prerequisite to
appeal. Before commencing an action in
a court of appropriate jurisdiction
challenging any final action taken by a
Signatory Party Agency under this
section, the appellant must first exhaust
its administrative remedies under the
law of the Signatory Party whose agency
issued the decision at issue.
(h) Fees. The Commission shall
establish and maintain a schedule of
fees for any or all of the services it
renders pursuant to this section. The
applicable fee(s) for Commission
services rendered pursuant to this
section shall be those set forth in DRBC
Resolution No. 2009-2 (available at
https://www.nj.gov/drbc/library/
documents/Res2009-2.pdf) for the
review and renewal of project
approvals. Project sponsors shall pay
such fees, if any, directly to the
Commission in accordance with the
current schedule and applicable rules.
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(i) Effect of One Permit Program on
Commission dockets.
(1) Unless the Executive Director or
Commission otherwise directs, if a
docket holder submits, or has
submitted, a timely application to a
Signatory Party Agency for a project
subject to review under an
Administrative Agreement duly adopted
under paragraph (d) of this section, the
most recent docket for the project shall,
upon expiration, be deemed
administratively continued until final
action is taken in accordance with
paragraph (i)(2) of this section.
(2) Unless the Executive Director or
Commission otherwise directs, upon a
Signatory Party Agency’s final action on
an application for a project subject to
the One Permit Program:
(i) Any existing or administratively
continued docket for such project shall
terminate as to all of its provisions and
conditions that pertain to regulatory
programs administered by the Signatory
Party Agency under the Administrative
Agreement (‘‘the Covered Programs’’);
and
(ii) The docket shall continue in effect
as to any provisions and conditions not
pertaining only to Covered Programs,
including, as applicable, the
incorporation of the project in the
Commission’s Comprehensive Plan.
(j) Modification of rules of practice
and procedure to conform to this
section. Any project subject to review
under an Administrative Agreement
duly adopted under paragraph (d) of
this section, shall be governed by this
section and not §§ 401.4, 401.5, 401.6,
401.8, 401.34(a), (c) and (e), 401.37,
401.38 and 18 CFR part 401, subpart F,
where they are inconsistent with the
procedures provided in this section.
(k) No interference with Supreme
Court decree. In accordance with
Sections 3.3(a) and 3.5 of the Compact,
nothing in this section shall grant the
authority to any Signatory Party Agency
to impair, diminish or otherwise
adversely affect the diversions,
compensating releases, rights,
conditions, obligations and provisions
for administration thereof provided in
the United States Supreme Court decree
in New Jersey v. New York, 347 U.S. 995
(1954) (‘‘Decree’’). Any such action shall
be taken only by the Commission with
the unanimous consent of the parties to
the Decree or upon unanimous consent
of the members of the Commission
following a declaration of a state of
emergency in accordance with Section
3.3(a) of the Compact.
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Dated: January 15, 2016.
Pamela M. Bush,
Commission Secretary and Assistant General
Counsel.
[FR Doc. 2016–02048 Filed 2–2–16; 8:45 am]
BILLING CODE 6360–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 73, 101, 118, 165, 172,
173, 177, 178, 184, 189, 589, and 700
[Docket No. FDA–2015–N–0011]
Center for Food Safety and Applied
Nutrition Library Address; Technical
Amendments
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendments.
ACTION:
The Food and Drug
Administration (FDA or we) is
amending certain regulations to update
the location of references cited in our
food regulations. We are taking this
action to reflect the transfer of those
references from our facility in College
Park, MD, to our library at our main
campus in Silver Spring, MD. We also
are updating certain regulations to
reflect the current names for specific
FDA offices.
DATES: This rule is effective February 3,
2016.
FOR FURTHER INFORMATION CONTACT:
Philip L. Chao, Center for Food Safety
and Applied Nutrition (HFS–024), Food
and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740–
3835, 240–402–2112.
SUPPLEMENTARY INFORMATION: Various
regulations pertaining to human food
have incorporated materials by
reference. In general, the regulations
have identified a library at the Center
for Food Safety and Applied Nutrition
(CFSAN), which was (at the time the
regulations were published) located in
Washington, DC, or in College Park, MD.
We recently consolidated our library
holdings at our main campus in Silver
Spring, MD. Consequently, we are
making technical amendments to our
regulations at parts 73, 101, 118, 165,
172, 173, 177, 178, 184, 189, 589, and
700 (21 CFR parts 73, 101, 118, 165,
172, 173, 177, 178, 184, 189, 589, and
700) to state that the materials can be
found at the FDA Library in Silver
Spring, MD. We also are updating
certain regulations to reflect the current
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SUMMARY:
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names for specific FDA offices. The
amendments are as follows:
• We are revising §§ 73.165, 73.585,
165.110, and 173.300 to update the
library address from ‘‘Center for Food
Safety and Applied Nutrition’s Library,
5100 Paint Branch Pkwy., College Park,
MD’’ to ‘‘Food and Drug
Administration’s Main Library, 10903
New Hampshire Ave., Bldg. 2, Third
Floor, Silver Spring, MD 20993, 301–
796–2039’’.
• We are revising §§ 101.4,
101.81(c)(2)(ii)(A) introductory text and
(B)(1) and (2), 101.83, 165.110, 172.155,
172.785, 172.833, 173.25, 173.45,
173.340, 173.357, 173.370, 177.1350,
177.1360, 177.1390, 177.1520, 177.2600,
178.3297, 184.1063, 184.1148, 184.1150,
184.1250, 184.1387, 184.1420, 184.1444,
184.1866, 189.5, 589.2001, and 700.27
to update the library address from
‘‘Center for Food Safety and Applied
Nutrition’s Library, 5100 Paint Branch
Pkwy., College Park, MD 20740’’ to
‘‘Food and Drug Administration’s Main
Library, 10903 New Hampshire Ave.,
Bldg. 2, Third Floor, Silver Spring, MD
20993, 301–796–2039’’.
• We are revising § 101.80 to update
the library address from ‘‘Center for
Food Safety and Applied Nutrition’s
Library, Harvey W. Wiley Federal
Building, 5100 Paint Branch Pkwy.,
College Park, MD’’ to ‘‘Food and Drug
Administration’s Main Library, 10903
New Hampshire Ave., Bldg. 2, Third
Floor, Silver Spring, MD 20993, 301–
796–2039’’.
• We are revising
§ 101.81(c)(2)(ii)(A)(5) to update the
library address from ‘‘Center for Food
Safety and Applied Nutrition Library,
5100 Paint Branch Pkwy., College Park,
MD 20740’’ to ‘‘Food and Drug
Administration’s Main Library, 10903
New Hampshire Ave., Bldg. 2, Third
Floor, Silver Spring, MD 20993, 301–
796–2039’’.
• We are revising §§ 118.8 and
165.110 to update the library address
from ‘‘Center for Food Safety and
Applied Nutrition’s Library, 5100 Paint
Branch Pkwy., College Park, MD, 301–
436–2163’’ to ‘‘Food and Drug
Administration’s Main Library, 10903
New Hampshire Ave., Bldg. 2, Third
Floor, Silver Spring, MD 20993, 301–
796–2039’’.
• We are revising § 165.110 to update
the library address from ‘‘Center for
Food Safety and Applied Nutrition’s
Library, 200 C St. NW., Washington DC’’
to ‘‘Food and Drug Administration’s
Main Library, 10903 New Hampshire
Ave., Bldg. 2, Third Floor, Silver Spring,
MD 20993, 301–796–2039’’.
• We are revising §§ 165.110,
172.723, 172.736, 172.804, 172.809,
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
5589
172.864, 172.886, 173.375, 177.1345,
177.1585, 177.1637, 178.1010, 184.1007,
184.1257, 184.1259, 184.1282, 184.1293,
184.1472, 184.1530, 184.1699, 184.1979,
184.1979a, 184.1979b, and 184.1979c to
update the library address from ‘‘Center
for Food Safety and Applied Nutrition’s
Library, Food and Drug Administration,
5100 Paint Branch Pkwy., College Park,
MD 20740’’ to ‘‘Food and Drug
Administration’s Main Library, 10903
New Hampshire Ave., Bldg. 2, Third
Floor, Silver Spring, MD 20993, 301–
796–2039’’.
• We are revising §§ 172.167 and
173.356 to update the library address
from ‘‘Center for Food Safety and
Applied Nutrition’s Library, Food and
Drug Administration, 5100 Paint Branch
Pkwy., College Park, MD 20740, 301–
436–2163’’ to ‘‘Food and Drug
Administration’s Main Library, 10903
New Hampshire Ave., Bldg. 2, Third
Floor, Silver Spring, MD 20993, 301–
796–2039’’.
• We are revising § 172.736 to update
the library address from ‘‘in the library
at the Center for Food Safety and
Applied Nutrition, 5100 Paint Branch
Pkwy., College Park, MD 20740’’ to ‘‘at
the Food and Drug Administration’s
Main Library, 10903 New Hampshire
Ave., Bldg. 2, Third Floor, Silver Spring,
MD 20993, 301–796–2039’’.
• We are revising § 172.829 to update
the library address from ‘‘Center for
Food Safety and Applied Nutrition’s
Library, 5100 Paint Branch Pkwy., rm.
1C–100, College Park, MD 20740’’ to
‘‘Food and Drug Administration’s Main
Library, 10903 New Hampshire Ave.,
Bldg. 2, Third Floor, Silver Spring, MD
20993, 301–796–2039’’.
• We are revising § 173.325 to update
the library address from ‘‘Center for
Food Safety and Applied Nutrition’s
Library, 5100 Paint Branch Pkwy.,
College Park, MD 20740 20204–0001’’ to
‘‘Food and Drug Administration’s Main
Library, 10903 New Hampshire Ave.,
Bldg. 2, Third Floor, Silver Spring, MD
20993, 301–796–2039’’.
• We are revising § 184.1311 to
update the library address from ‘‘Center
for Food Safety and Applied Nutrition’s
library, 5100 Paint Branch Pkwy.,
College Park, MD 20740’’ to ‘‘Food and
Drug Administration’s Main Library,
10903 New Hampshire Ave., Bldg. 2,
Third Floor, Silver Spring, MD 20993,
301–796–2039’’.
• We are revising
§ 101.83(c)(2)(ii)(A)(2) and
(c)(2)(ii)(B)(2), to remove the words
‘‘Office of Nutritional Products,
Labeling, and Dietary Supplements,
Division of Nutrition Science and
Policy,’’ and in their place add ‘‘Office
E:\FR\FM\03FER1.SGM
03FER1
]]>Agencies
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Rules and Regulations]
[Pages 5585-5589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02048]
=======================================================================
-----------------------------------------------------------------------
DELAWARE RIVER BASIN COMMISSION
18 CFR Part 401
Amendments to the Rules of Practice and Procedure To Allow Each
Signatory Party and the Commission To Administer a Single Process for
the Review and Adjudication of Projects
AGENCY: Delaware River Basin Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Delaware River Basin Commission is amending its
regulations to provide for the One Process/One Permit Program. The
Program is intended to promote interagency cooperation and
collaboration on shared mission objectives, achieve regulatory program
efficiencies, avoid unnecessary duplication of effort, and reduce the
potential for confusion on the part of regulated entities and the
public regarding regulatory requirements applicable to projects.
DATES: This final rule will be effective March 4, 2016.
FOR FURTHER INFORMATION CONTACT: Technical information: David Kovach,
[[Page 5586]]
609-477-7264. Legal information: Pamela Bush, 609-477-7203.
SUPPLEMENTARY INFORMATION:
Background
The Delaware River Basin Commission (``DRBC'' or ``Commission'') is
a federal-interstate compact agency charged with managing the water
resources of the Delaware River Basin on a regional basis 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.
Specifically, this final rule amends subchapter A--Administrative
Manual, part 401--Rules of Practice and Procedure, subpart C--Project
Review Under Section 3.8 of the Compact by the addition of a new
section 401.42, providing for DRBC and each of the parties to the
Delaware River Basin Compact (United States Pub. L. 87-328, Approved
September 27, 1961, 75 U.S. Statutes at Large 688; 53 Delaware Laws,
Chapter 71, Approved May 26, 1961; New Jersey Laws of 1961, Chapter 13,
Approved May 1, 1961; New York Laws of 1961, Chapter 148, Approved
March 17, 1961; and Pennsylvania Acts of 1961, Act No. 268, Approved
July 7, 1961 (``the Compact''))--Delaware, New Jersey, New York,
Pennsylvania and the federal government (``Signatory Parties'')--to
coordinate and collaborate in the administration of a single process
for the review and adjudication of certain projects, including, where
appropriate, issuance of a single permit or other approval instrument.
Currently, the sponsors of many water resource-related projects in
the Delaware River Basin are required to apply to both the DRBC and a
state agency, among others, for approvals. New section 401.42 provides
for the DRBC and the administrative agencies of the Signatory Parties
to identify regulatory programs that by mutual agreement will be
managed through a single process that may result in one decision or
approval. The program, known as One Process/One Permit (hereinafter,
``the Program or ``One Permit'') is intended to promote interagency
cooperation and collaboration on shared mission objectives, achieve
regulatory program efficiencies, avoid unnecessary duplication of
effort, and reduce the potential for confusion on the part of regulated
entities and the public regarding regulatory requirements applicable to
projects. Importantly, the rule expressly preserves the authorities of
the DRBC and each of its Signatory Parties and effects no change to
federal, state or DRBC substantive standards and requirements.
In accordance with this final rule, administrative agreements
between DRBC and Signatory Party agencies to implement the Program may
be approved by the Commission after each such agreement undergoes a
duly noticed public hearing. In accordance with Resolution No. 2015-4
of the Commission, which was adopted on March 11, 2015 following a
public hearing on March 10, 2015, an administrative agreement between
the DRBC and the New Jersey Department of Environmental Protection
(NJDEP) was executed, in part to demonstrate how the Program would
operate in New Jersey. With adoption of the final rule, DRBC and NJDEP
will fully implement their March 2015 agreement.
Notably, each Signatory Party may choose whether and when to
initiate an agreement or agreements with DRBC under the Program. No
draft agreements with Signatory Party agencies other than the NJDEP to
implement the Program have yet been published for comment.
Procedural Background
The Commission introduced One Permit to the basin community during
meetings with regulated entities, environmental organizations and other
stakeholders on February 12 and March 3, 2015 and through publication
on the DRBC Web site of a press release and a set of FAQs on February
27, 2015. During the Commission's quarterly public meeting on March 10-
11, 2015, the Commission approved Resolution No. 2015-4, in part
authorizing and directing the Executive Director to initiate rulemaking
to amend DRBC's Rules of Practice and Procedure to provide specific
authorization for and define the scope of the Program. Notice of the
proposed amendments was published on the Commission's Web site on May
17, 2015.
Notice of the proposed amendments also appeared in the Federal
Register at 80 FR 28567, May 19, 2015; in the Delaware Register of
Regulations, 18 DE Reg. 1002, June 1, 2015; New Jersey Register, 47
N.J.R. 1256, June 1, 2015; New York State Register, May 27, 2015 (page
4); and Pennsylvania Bulletin, 45 Pa. B. 2611, May 30, 2015. The
Commission held a public hearing on the proposal on June 9, 2015 and
accepted written comments on the rule through July 1, 2015.
Rule Highlights
Notable aspects of the final rule include the following:
Section 401.42(b) provides that applications for approvals
required by the Compact and Commission regulations, but not within the
scope of the Program, must continue to be submitted to the Commission.
To ensure continued public access to information on the
status of all projects under review pursuant to the Delaware River
Basin Compact, including those administered under One Permit, Sec.
401.42(d)(2) establishes that participating Signatory Party agencies
will notify DRBC at least once monthly of applications received under
the Program; and Sec. 401.42(d)(5) establishes that the list that the
Commission will maintain of projects being administered under One
Permit will be posted on the Commission's Web site.
Section 401.42(h) provides that DRBC's current Project
Review Fee Schedule as set forth in Resolution No. 2009-2 will be the
operative fee schedule for projects reviewed under the Program.
Section 401.42(i) provides mechanisms for the efficient
disposition of Commission dockets during the transition to One Permit.
Section 401.42(i)(1) provides that for projects covered by the Program,
the most recent docket will be deemed administratively continued when a
renewal application is timely submitted to the Signatory Party Agency.
Section 401.42(i)(2) provides that unless the Executive Director or the
Commission otherwise directs, upon the Signatory Party Agency's final
action on an application for a project subject to the Program, (a) any
existing or administratively continued docket will terminate as to all
of its provisions and conditions within the scope of the Signatory
Party Agency approval; and (b) such docket will continue in effect as
to any provisions and conditions outside the scope of the Signatory
Party Agency approval, including for example, addition of a project to
the Comprehensive Plan.
The rule authorizes Signatory Party agencies, in
accordance with an applicable administrative agreement, to issue in
their approvals for projects to be administered under the Program the
finding and determination required by section 3.8 of the Compact that a
project subject to section 3.8 review does not substantially impair or
conflict with the Commission's Comprehensive Plan (``the finding'').
Section 401.42(d)(4) makes clear that where in accordance with an
applicable administrative agreement implementing One Permit the finding
continues to be made by the Commission, the Signatory Party agency may
include the Commission's finding in the agency's approval, together
with
[[Page 5587]]
any conditions identified by the Commission as necessary to support it,
thereby achieving a unified permit.
The final rule also makes clear (1) that participation in
the program by Signatory Party agencies is voluntary; and (2) that the
scope of a Signatory Party Agency's participation is defined by an
administrative agreement between DRBC and the agency that has been duly
adopted in accordance with Sec. 401.42(d).
Additional Materials
Additional materials can be found on the Commission's Web site at
www.drbc.net. These include DRBC Resolution No. 2015-9 approving the
final rule, at https://www.nj.gov/drbc/library/documents/Res2015-09_OPOPwith-final-rule-text.pdf; and the Commission's detailed comment
and response document, which identifies commenters, summarizes comments
received on the proposal, and sets forth the Commission's responses, at
https://www.nj.gov/drbc/library/documents/OPOP/comment-and-response_OPOP.pdf. The version of the Rules of Practice and Procedure
that is currently posted on DRBC's Web site at https://www.nj.gov/drbc/library/documents/admin_manual.pdf uses DRBC's original numbering
system, which is different from that of the CFR. In the original
system, the One Permit Program rules are set forth at new section
2.3.11. A list of the CFR units and corresponding DRBC units follows. A
complete stand-alone version of the Rules of Practice and Procedure
using the CFR system will be available on the DRBC Web site shortly.
------------------------------------------------------------------------
CFR Unit DRBC Unit Title or Caption
------------------------------------------------------------------------
Title 18 Conservation of
Power and Water Resources.
Chapter III--Delaware River
Basin Commission.
Subchapter A--Administrative Administrative
Manual. Manual [Part II]
Part 401--Rules of Practice Rules of Practice
and Procedure. and Procedure
Subpart C--Project Review Article 3--Project ....................
Under Section 3.8 of the Review Under
Compact. Section 3.8 of the
Compact.
401.42...................... 2.3.11.............. One Permit Program.
401.42(a)................... 2.3.11 A............ Purpose.
401.42(b)................... 2.3.11 B............ Scope.
401.42(c)................... 2.3.11 C............ Regulatory programs.
401.42(d)................... 2.3.11 D............ Procedure.
401.42(e)................... 2.3.11 E............ Comprehensive Plan
projects.
401.42(f)................... 2.3.11 F............ Retention of
Commission review
and enforcement
authorities.
401.42(g)................... 2.3.11 G............ Exhaustion of
Signatory Party
administrative
remedies
prerequisite to
appeal.
401.42(h)................... 2.3.11 H............ Fees.
401.42(i)................... 2.3.11 I............ Effect of One Permit
Program on
Commission dockets.
401.42(j)................... 2.3.11 J............ Modification of
Rules of Practice
and Procedure to
conform to this
section.
401.42(k)................... 2.3.11 K............ No interference with
Supreme Court
decree.
------------------------------------------------------------------------
List of Subjects in 18 CFR Part 401
Administrative practice and procedure, Project review, Water
pollution control, Water resources.
For the reasons set forth in the preamble, the Delaware River Basin
Commission amends part 401 of title 18 of the Code of Federal
Regulations as follows:
PART 401--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 401 continues to read as follows:
Authority: Delaware River Basin Compact (75 Stat. 688), unless
otherwise noted.
Subpart C--Project Review Under Section 3.8 of the Compact
0
2. Add Sec. 401.42 to read as follows:
Sec. 401.42 One Permit Program.
(a) Purpose. The purpose of the One Permit Program set forth in
this section is to provide the opportunity for the environmental agency
and/or other administrative agency of a Signatory Party (``Signatory
Party Agency'') and the Commission to coordinate and collaborate in the
administration of a single process for the review and adjudication of
projects. The One Permit Program allows the Signatory Party Agency and
Commission to incorporate requirements and determinations of both
entities in a single permit or other approval instrument, pursuant to a
duly adopted Administrative Agreement under paragraph (d) of this
section.
(b) Scope. This section applies to all projects that:
(1) Are reviewable under the Compact;
(2) Meet the thresholds for review set forth in Sec. 401.35 of
these Rules of Practice and Procedure;
(3) Are subject to review by a Signatory Party Agency under its own
statutory authorities; and
(4) Are within regulatory programs that have been identified in a
duly adopted Administrative Agreement between the Commission and a
Signatory Party Agency under this section. For any project that
requires an approval under the Compact that is outside the scope of the
Signatory Party Agency's approval issued in accordance with an
Administrative Agreement under this section, the project sponsor shall
apply to the Commission in accordance with procedures established by
the Commission.
(c) Regulatory programs. Regulatory programs eligible for
administration under the One Permit Program may include but are not
limited to those concerning: Basin discharges, Basin water withdrawals,
and Basin flood plain requirements.
(d) Procedure. The categories of projects covered and the
procedures for processing applications under the One Permit Program
shall be set forth in one or more Administrative Agreements between the
Commission and the Signatory Party Agency that have been adopted by the
Commission following a duly noticed public hearing and are in form and
substance acceptable to the Commission and the Signatory Party Agency,
consistent with the following:
[[Page 5588]]
(1) Except as provided in paragraphs (b) and (e) of this section or
in an Administrative Agreement that has been duly executed by the
Commission and the Signatory Party Agency under this section, an
application for initial approval, renewal or revision of any project
subject to the One Permit Program shall be filed only with the
Signatory Party Agency.
(2) To enable the Commission to compile and make available to the
public a current list of pending applications for projects within the
Basin subject to Commission jurisdiction, the Signatory Party Agency
shall notify the Commission at least monthly of applications the
Signatory Party has received during the preceding month that may be
eligible for review under the One Permit Program.
(3) For those categories of projects identified in the
Administrative Agreement as requiring Commission input, the Commission
staff shall provide the Signatory Party Agency with such input,
including where specified by the Administrative Agreement, a
recommendation as to any conditions of approval that may be necessary
or appropriate to include in the project review determination under
Section 3.8 of the Compact as to those regulatory programs identified
in an Administrative Agreement in accordance with paragraph (b) of this
section.
(4) Unless the Signatory Party Agency disapproves the project or
the Administrative Agreement provides for separate Commission action
under Section 3.8 of the Compact, the Signatory Party Agency shall make
the project review determination under Section 3.8 of the Compact, as
specified in the Administrative Agreement, as to the regulatory program
covered by the Signatory Party Agency's approval and include the
determination and any associated conditions of approval within the
permit or other approval instrument that it issues to the project
sponsor. If in accordance with the applicable Administrative Agreement
the determination under Section 3.8 of the Compact is made by the
Commission, the Signatory Party Agency may include the determination
together with any associated conditions of approval in its permit or
other approval instrument covering the project.
(5) The Commission will maintain on its Web site a list of all
projects being administered pursuant to the Program.
(e) Comprehensive Plan projects. Articles 11 and 13 of the Compact
require certain projects to be included in the Comprehensive Plan. To
add a project not yet included in the Comprehensive Plan, the project
sponsor shall submit a separate application to the Commission. If
following its review and public hearing the Commission approves the
addition of the project to the Comprehensive Plan, the Commission's
approval will include such project requirements as are necessary under
the Compact and Commission regulations. All other project approvals
that may be required from the Signatory Party Agency or the Commission
under regulatory programs administered pursuant to this section may be
issued through the One Permit Program. An application for renewal or
modification of a project in the Comprehensive Plan that does not
change the project so substantially as to render it a new and different
project may be submitted only to the Signatory Party Agency unless
otherwise specified in the Administrative Agreement.
(f) Retention of Commission review and enforcement authorities.
Notwithstanding any other provision of this section, any Commissioner
or the Executive Director may designate for Commission review any
project that is reviewable under the Compact. Nothing in this section
shall limit the authority of the Commission to exercise its review
authority under the Compact and applicable Commission regulations.
Similarly, although Administrative Agreements executed pursuant to this
section may include collaborative and cooperative compliance and
enforcement procedures, nothing in this section shall limit the
authority of the Commission to exercise its enforcement authority under
the Compact and applicable regulations.
(g) Exhaustion of Signatory Party administrative remedies
prerequisite to appeal. Before commencing an action in a court of
appropriate jurisdiction challenging any final action taken by a
Signatory Party Agency under this section, the appellant must first
exhaust its administrative remedies under the law of the Signatory
Party whose agency issued the decision at issue.
(h) Fees. The Commission shall establish and maintain a schedule of
fees for any or all of the services it renders pursuant to this
section. The applicable fee(s) for Commission services rendered
pursuant to this section shall be those set forth in DRBC Resolution
No. 2009-2 (available at https://www.nj.gov/drbc/library/documents/Res2009-2.pdf) for the review and renewal of project approvals. Project
sponsors shall pay such fees, if any, directly to the Commission in
accordance with the current schedule and applicable rules.
(i) Effect of One Permit Program on Commission dockets.
(1) Unless the Executive Director or Commission otherwise directs,
if a docket holder submits, or has submitted, a timely application to a
Signatory Party Agency for a project subject to review under an
Administrative Agreement duly adopted under paragraph (d) of this
section, the most recent docket for the project shall, upon expiration,
be deemed administratively continued until final action is taken in
accordance with paragraph (i)(2) of this section.
(2) Unless the Executive Director or Commission otherwise directs,
upon a Signatory Party Agency's final action on an application for a
project subject to the One Permit Program:
(i) Any existing or administratively continued docket for such
project shall terminate as to all of its provisions and conditions that
pertain to regulatory programs administered by the Signatory Party
Agency under the Administrative Agreement (``the Covered Programs'');
and
(ii) The docket shall continue in effect as to any provisions and
conditions not pertaining only to Covered Programs, including, as
applicable, the incorporation of the project in the Commission's
Comprehensive Plan.
(j) Modification of rules of practice and procedure to conform to
this section. Any project subject to review under an Administrative
Agreement duly adopted under paragraph (d) of this section, shall be
governed by this section and not Sec. Sec. 401.4, 401.5, 401.6, 401.8,
401.34(a), (c) and (e), 401.37, 401.38 and 18 CFR part 401, subpart F,
where they are inconsistent with the procedures provided in this
section.
(k) No interference with Supreme Court decree. In accordance with
Sections 3.3(a) and 3.5 of the Compact, nothing in this section shall
grant the authority to any Signatory Party Agency to impair, diminish
or otherwise adversely affect the diversions, compensating releases,
rights, conditions, obligations and provisions for administration
thereof provided in the United States Supreme Court decree in New
Jersey v. New York, 347 U.S. 995 (1954) (``Decree''). Any such action
shall be taken only by the Commission with the unanimous consent of the
parties to the Decree or upon unanimous consent of the members of the
Commission following a declaration of a state of emergency in
accordance with Section 3.3(a) of the Compact.
[[Page 5589]]
Dated: January 15, 2016.
Pamela M. Bush,
Commission Secretary and Assistant General Counsel.
[FR Doc. 2016-02048 Filed 2-2-16; 8:45 am]
BILLING CODE 6360-01-P
