Regulatory Program Fees and Water Supply Charges, 95860-95863 [2016-31146]
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Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations
Issued in Renton, Washington, on
December 7, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
Correction
In the final rule, FR Doc. 2016–30211,
published on December 16, 2016, at 81
FR 90979 make the following correction:
1. On page 90979 in the heading of
the final rule, revise ‘‘Amdt. No. 121–
397’’ to read as ‘‘121–377’’.
[FR Doc. 2016–30279 Filed 12–28–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 121
Issued in Washington, DC, under the
authority provided by 49 U.S.C. 106(f), on
December 22, 2016.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2016–31507 Filed 12–28–16; 8:45 am]
BILLING CODE 4910–13–P
[Docket No.: FAA–2016–9526; Amdt. No.
121–377A]
DELAWARE RIVER BASIN
COMMISSION
RIN 2120–AK95
18 CFR Parts 401 and 420
Qualification, Service, and Use of
Crewmembers and Aircraft
Dispatchers; Related Aircraft
Amendment
Regulatory Program Fees and Water
Supply Charges
Delaware River Basin
Commission.
ACTION: Final rule.
AGENCY:
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; Correction.
AGENCY:
The FAA is correcting a final
rule published on December 16, 2016. In
that final rule, which becomes effective
on January 17, 2017, the FAA will allow
air carriers to seek a deviation from the
flight simulation training device (FSTD)
requirements for related aircraft
proficiency checks. As a result, that rule
will eliminate an inconsistency that
currently permits carriers that have
obtained FAA approval to modify the
FSTD requirements for related aircraft
differences training, but not for
corresponding proficiency checks. The
FAA inadvertently listed an incorrect
Amendment Number for that final rule.
This document corrects that error.
DATES: Effective January 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Sheri Pippin, Air Transportation
Division, AFS–200, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–8166; email
sheri.pippin@faa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
On December 16, 2016, the FAA
published a final rule entitled,
‘‘Qualification, Service, and Use of
Crewmembers and Aircraft Dispatchers;
Related Aircraft Amendment.’’ 81 FR
90979. In that final rule, effective
January 17, 2017, the FAA inadvertently
listed the incorrect Amendment Number
for part 121 in the header information
of the final rule as 121–397. The correct
amendment number is 121–377.
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The Commission amends the
Rules of Practice and Procedure and the
Basin Regulations—Water Supply
Charges, respectively, to adopt a new
project review fee structure and provide
for automatic inflation adjustments.
These changes are also incorporated
into the Commission’s Comprehensive
Plan.
DATES: This final rule is effective
January 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Richard C. Gore, Director of
Administration and Finance, 609–883–
9500, ext. 201.
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 on
behalf of the federal government, the
North Atlantic Division Commander of
the U.S. Army Corps of Engineers.
By Resolution No. 2016–8 on
December 14, 2016 the Commission
approved a comprehensive revision of
its project review fee structure,
including an automatic annual indexed
inflation adjustment for most fees. An
inflation adjustment was also approved
for DRBC’s water supply charges rates
applicable to consumptive and nonconsumptive surface water withdrawals.
The changes to DRBC’s regulatory
SUMMARY:
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program fees are designed to provide a
more predictable and sustainable source
of revenues and to close the annual gap
in funding needed to support DRBC’s
project review program. They also
adjust the fees program to better align
with the One Process/One Permit
Program instituted earlier in 2016. The
changes to DRBC’s water supply charges
regulations are designed to help
revenues assigned to DRBC’s Water
Supply Storage Facilities Fund keep
pace with inflation.
Public Process. A Notice of Proposed
Rulemaking and Public Hearing was
posted to the Commission’s Web site on
May 9, 2016. A detailed set of questions
and answers about the proposal
(‘‘FAQs’’) and a press release
accompanied the May 9, 2016 web
posting. On May 10, 2016, an email
alert, including a link to the notice and
supporting documents, was transmitted
to all parties subscribed to DRBC’s list
serve. Notice of the proposed rules was
published in the Federal Register at 81
FR 35662, June 3, 2016 and appeared in
the Delaware Register of Regulations, 19
DE Reg., 1052, June 1, 2016; New Jersey
Register, 48 N.J.R. 949, June 6, 2016;
New York State Register, May 25, 2016
(page 1); and Pennsylvania Bulletin, 46
Pa.B. 2967, June 11, 2016. DRBC staff
hosted a public informational meeting
on the proposal on Wednesday, June 15,
2016 in Washington Crossing, Pa.,
including presentations by staff and
informal questions and answers. The
FAQs posted on the Commission’s Web
site were thereafter supplemented with
questions and responses offered during
the informational meeting. A public
hearing on the proposed amendments
took place at the Commission’s office
building in West Trenton, N.J. on July
27, 2016 and written comments were
accepted through August 12, 2016.
In response to the written and oral
comments submitted on the draft rules,
staff developed a detailed comment and
response document, including modest
changes to the rule text. After careful
consideration and consultation with
staff on the comments and proposed
changes to the draft rules, the
Commissioners determined that the
changes were appropriate, responsive to
the public’s concerns and a logical
outgrowth of the rules as proposed. The
changes and the staff response to
comments were adopted by unanimous
vote of the Commissioners to approve
Resolution No. 2016–8 at the
Commission’s public business meeting
on December 14, 2016.
Additional materials. The following
additional materials can be found on the
Commission’s Web site, www.drbc.net:
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Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations
• Resolution No. 2016–8, at https://
www.nj.gov/drbc/library/documents/
Res2016-09_Fee-Rule.pdf. Attachments
to the resolution include a redline
version of the regulatory program fees
rule text, showing changes between the
draft and final versions of the new rule;
and a redline version of the schedule of
water charges, comparing the text that
has been in place since 2011 with the
text of this final rule.
• The detailed comment and response
document prepared by staff and adopted
by the Commission when it approved
the final rule on December 14, 2016, at
https://www.nj.gov/drbc/library/
documents/regs/CR_feesrulemaking121416.pdf.
• A questions and answers document
(‘‘FAQs’’) prepared by staff to explain
the purpose and effect of the rule
changes, at https://www.nj.gov/drbc/
library/documents/FAQ_feescharges121416.pdf.
• The Commission’s press release
dated December 14, 2016, announcing
adoption of the project review fees
restructuring and amendment of the
schedule of water charges, at https://
www.nj.gov/drbc/home/newsroom/
news/approved/20161214_newsrel_
fees.html.
• Updated versions of the Rules of
Practice and Procedure and the Basin
Regulations—Water Supply Charges, at
https://www.nj.gov/drbc/about/
regulations/.
List of Subjects
18 CFR Part 401
Administrative practice and
procedure, Project review, Water
pollution control, Water resources.
18 CFR Part 420
Water supply.
For the reasons set forth in the
preamble, the Delaware River Basin
Commission amends parts 401 and 420
of title 18 of the Code of Federal
Regulations as set forth below:
PART 401—RULES OF PRACTICE AND
PROCEDURE
1. The authority citation for part 401
continues to read as follows:
■
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Authority: Delaware River Basin Compact
(75 Stat. 688), unless otherwise noted.
Subpart C—Project Review Under
Section 3.8 of the Compact
2. Add § 401.43 to subpart C to read
as follows:
■
§ 401.43
Regulatory program fees.
(a) Purpose. The purpose of this
section is to provide an adequate, stable
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and reliable stream of revenue to cover
the cost of the Commission’s regulatory
program activities, an important means
by which the Commission coordinates
management of the shared water
resources of the Basin. Activities to be
covered by the fees include the review
of applications for projects that are
subject to review under the Delaware
River Basin Compact and implementing
regulations; and ongoing activities
associated with such projects, including
but not limited to, effluent and ambient
monitoring, data analysis,
hydrodynamic and water quality
modeling, and coordination with state
and federal agencies.
(b) Types of fees. The following types
of fees are established by this section:
(1) Docket application fee. Except as
set forth in paragraph (b)(1)(iii) of this
section, the docket application fee shall
apply to:
(i) Project requiring a DRBC-issued
docket or permit. Any project that, in
accordance with the Delaware River
Basin Compact and DRBC regulations,
requires a Commission-issued docket or
permit, whether it be a new or existing
project for which the Commission has
not yet issued an approval or a project
for which the renewal of a previous
Commission approval is required.
(ii) Project requiring inclusion in the
comprehensive plan. Any project that in
accordance with section 11 or section
13.1 of the Delaware River Basin
Compact and DRBC regulations must be
added to the Comprehensive Plan (also,
‘‘Plan’’). In addition to any new project
required to be included in the Plan,
such projects include existing projects
that in accordance with section 13.1 of
the Compact are required to be included
in the Plan and which were not
previously added to the Plan. Any
existing project that is changed
substantially from the project as
described in the Plan shall be deemed
to be a new and different project for
purposes of this section.
(iii) Exemptions. The docket
application fee shall not apply to:
(A) Any project for which the
Signatory Party Agency serves as lead
under the One Permit Program rule
(§ 401.42), unless such project must be
added by the Commission to the
Comprehensive Plan.
(B) Any project for which an agency,
authority or commission of a signatory
to the Compact is the primary sponsor.
Projects sponsored by political
subdivisions of the signatory states shall
not be included in this exemption. For
purposes of this section ‘‘political
subdivisions’’ shall include without
limitation municipalities, municipal
utility authorities, municipal
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development corporations, and all other
entities not directly under the budgetary
and administrative control of the
Commission’s members.
(2) Annual monitoring and
coordination fee. An annual monitoring
and coordination fee shall apply to each
withdrawal and/or discharge project for
which a water allocation or wastewater
discharge approval issued pursuant to
the Compact and implementing
regulations is in effect, regardless of
whether the approval was issued by the
Commission in the form of a docket,
permit or other instrument, or by a
Signatory Party Agency under the One
Permit Program rule (§ 401.42). The fee
shall be based on the amount of a
project’s approved monthly water
allocation and/or approved daily
discharge capacity.
(3) Alternative review fee. In instances
where the Commission’s activities and
related costs associated with the review
of an existing or proposed project are
expected to involve extraordinary time
and expense, an alternative review fee
equal to the Commission’s actual costs
may be imposed. The Executive Director
shall inform the project sponsor in
writing when the alternative review fee
is to be applied and may require
advance payment in the amount of the
Commission’s projected costs. Instances
in which the alternative review fee may
apply include, but are not limited to,
matters in which:
(i) DRBC staff perform a detailed preapplication review, including but not
limited to the performance or review of
modeling and/or analysis to identify
target limits for wastewater discharges.
(ii) DRBC staff perform or review
complex modeling in connection with
the design of a wastewater discharge
diffuser system.
(iii) DRBC manages a public process
for which the degree of public
involvement results in extraordinary
effort and expense, including but not
limited to, costs associated with
multiple stakeholder meetings, special
public hearings, and/or voluminous
public comment.
(iv) DRBC conducts or is required to
engage third parties to conduct
additional analyses or evaluations of a
project in response to a court order.
(4) Additional fees—(i) Emergency
approval. A request for an emergency
certificate under § 401.40 to waive or
amend a docket condition shall be
subject to a minimum fee in accordance
with paragraph (e) of this section. An
alternative review fee also may be
charged in accordance with paragraph
(b)(3) of this section.
(ii) Late filed renewal application.
Any renewal application submitted
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fewer than 120 calendar days in
advance of the expiration date or after
such other date specified in the docket
or permit or letter of the Executive
Director for filing a renewal application
shall be subject to a late filed renewal
application charge in excess of the
otherwise applicable fee.
(iii) Modification of a DRBC approval.
Following Commission action on a
project, each project revision or
modification that the Executive Director
deems substantial shall require an
additional docket application fee
calculated in accordance with paragraph
(e) of this section and subject to an
alternative review fee in accordance
with paragraph (b)(3) of this section.
(iv) Name change. Each project with
a docket or permit issued by the DRBC
or by a Signatory Party Agency pursuant
to the One Permit Program rule
(§ 401.42) will be charged an
administrative fee as set forth in
paragraph (e) of this section.
(v) Change of ownership. Each project
that undergoes a ‘‘change in ownership’’
as that term is defined at 18 CFR
420.31(e)(2) will be charged an
administrative fee as set forth in
paragraph (e) of this section.
(c) Indexed adjustment. On July 1 of
every year, beginning July 1, 2017, all
fees established by this section will
increase commensurate with any
increase in the annual April 12-month
Consumer Price Index (CPI) for
Philadelphia, published by the U.S.
Bureau of Labor Statistics during that
year.1 In any year in which the April 12month CPI for Philadelphia declines or
shows no change, the docket application
fee and annual monitoring and
coordination fee will remain
unchanged. Following any indexed
adjustment made under this paragraph
(c), a revised fee schedule will be
published in the Federal Register by
July 1 and posted on the Commission’s
Web site. Interested parties may also
obtain the fee schedule by contacting
the Commission directly during
business hours.
(d) Late payment charge. When any
fee established by this section remains
unpaid 30 calendar days after the
payment due date provided on the
Commission’s invoice, an incremental
charge equal to 2% of the amount owed
shall be automatically assessed. Such
charge shall be assessed every 30 days
thereafter until the total amount owed,
including any late payment charges has
been paid in full.
(e) Fee schedules. The fees described
in this section shall be as follows:
TABLE 1 TO § 401.43—DOCKET APPLICATION FILING FEE
Project type
Docket application fee
Water Allocation ..............................
$400 per million gallons/month of allocation,1 not to
exceed $15,000.1 Fee is doubled for any portion
to be exported from the basin.
Private projects: $1,000,1 Public projects: $500 1 .....
0.4% of project cost up to $10,000,000 plus 0.12%
of project cost above $10,000,000 (if applicable),
not to exceed $75,000 1.
Wastewater Discharge ....................
Other ...............................................
1 Subject
Fee maximum
Greater of: $15,000 1 or Alternative Review Fee.
Alternative Review Fee.
Greater of: $75,000 1 or Alternative Review Fee.
to annual adjustment in accordance with paragraph (c) of this section.
TABLE 2 TO § 401.43—ANNUAL MONITORING AND COORDINATION FEE
Annual fee
1 $300
Water Allocation ........................................................................................
1 450
1 650
1 825
1 1,000
Allocation
<4.99 mgm.
5.00 to 49.99 mgm.
50.00 to 499.99 mgm.
500.00 to 9,999.99 mgm.
> or = to 10,000 mgm.
Annual fee
1 $300
Wastewater Discharge ..............................................................................
1 610
1 820
1 1,000
1 Subject
Discharge design capacity
< 0.05 mgd.
0.05 to 1 mgd.
1 to 10 mgd.
>10 mgd.
to annual adjustment in accordance with paragraph (c) of this section.
TABLE 3 TO § 401.43—ADDITIONAL FEES
Fee
Emergency Approval Under 18 CFR 401.40 .....
Late Filed Renewal Surcharge ..........................
Modification of a DRBC Approval ......................
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Proposed action
$5,000 ..............................................................
$2,000.
At Executive Director’s discretion, Docket Application Fee for the appropriate project
type.
$1,000 1.
$1,500 1.
Name change .....................................................
Change of Ownership ........................................
1 Subject
Fee maximum
Alternative Review Fee.
Alternative Review Fee.
to annual adjustment in accordance with paragraph (c) of this section.
1 Consumer Price Index—U/Series ID:
CWURA102SA0/Not Seasonally Adjusted/Area:
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Philadelphia-Wilmington-Atlantic City, PA-NJ-DEMD/Item: All items/Base Period: 1982–84 = 100.
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Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations
PART 420—BASIN REGULATIONS—
WATER SUPPLY CHARGES
3. The authority citation for part 420
continues to read as follows:
■
Authority: Delaware River Basin Compact,
75 Stat. 688.
■
4. Revise § 420.41 to read as follows:
§ 420.41
Schedule of water charges.
The schedule of water charges
established in accordance with § 420.22
shall be as follows:
(a) $80 per million gallons for
consumptive use, subject to paragraph
(c) of this section; and
(b) $0.80 per million gallons for nonconsumptive use, subject to paragraph
(c) of this section.
(c) On July 1 of every year, beginning
July 1, 2017, the rates established by
this section will increase commensurate
with any increase in the annual April
12-month Consumer Price Index (CPI)
for Philadelphia, published by the U.S.
Bureau of Labor Statistics during that
year.1 In any year in which the April 12month CPI for Philadelphia declines or
shows no change, the water charges
rates will remain unchanged. Following
any indexed adjustment made under
this paragraph (c), revised consumptive
and non-consumptive use rates will be
published in the Federal Register by
July 1 and posted on the Commission’s
Web site. Interested parties may also
obtain the rates by contacting the
Commission directly during business
hours.
Dated: December 20, 2016.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2016–31146 Filed 12–23–16; 4:15 pm]
BILLING CODE 6360–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1105
[Docket No. FDA–2016–N–1555]
Refuse To Accept Procedures for
Premarket Tobacco Product
Submissions
AGENCY:
Food and Drug Administration,
HHS.
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ACTION:
Final rule.
The Food and Drug
Administration (FDA) is issuing a final
SUMMARY:
1 Consumer Price Index—U/Series ID:
CWURA102SA0/Not Seasonally Adjusted/Area:
Philadelphia-Wilmington-Atlantic City, PA-NJ-DEMD/Item: All items/Base Period: 1982–84 = 100.
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rule describing when FDA will refuse to
accept a tobacco product submission (or
application) because the application has
not met a minimum threshold for
acceptability for FDA review. Under the
rule, FDA will refuse to accept a tobacco
product submission, for example, that is
not in English, does not pertain to a
tobacco product, or does not identify the
type of submission. By refusing to
accept submissions that have the
deficiencies identified in the proposed
rule, FDA will be able to focus our
review resources on submissions that
meet a threshold of acceptability and
encourage quality submissions.
DATES:
This rule is effective January 30,
2017.
FOR FURTHER INFORMATION CONTACT:
Annette Marthaler or Paul Hart, Office
of Regulations, Center for Tobacco
Products (CTP), Food and Drug
Administration, Document Control
Center, Bldg. 71, Rm. G335, 10903 New
Hampshire Ave., Silver Spring, MD
20993–0002, 877–287–1373,
CTPRegulations@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Purpose of the Rule
FDA is issuing this refuse to accept
rule to identify deficiencies that will
result in FDA’s refusal to accept certain
tobacco product submissions under
sections 905, 910, and 911 of the
Federal Food, Drug, and Cosmetic Act
(the FD&C Act), as amended by the
Family Smoking Prevention and
Tobacco Control Act (Tobacco Control
Act) (21 U.S.C. 387e, 387j, and 387k).1
Because these submissions will be
refused before they enter FDA’s review
queue, more resources will be available
for submissions that are ready for
further review. This rule establishes a
refuse to accept process for premarket
tobacco product submissions, including
premarket tobacco product applications
(PMTAs), modified risk tobacco product
applications (MRTPAs), substantial
equivalence (SE) applications (also
called SE reports), and exemption
1 FDA has published a final rule extending the
Agency’s ‘‘tobacco product’’ authorities in the
FD&C Act to all categories of products that meet the
statutory definition of ‘‘tobacco product’’ in the
FD&C Act, except accessories of such newly
deemed tobacco products (Final Rule Deeming
Tobacco Products To Be Subject to the Federal
Food, Drug, and Cosmetic Act, as Amended by the
Family Smoking Prevention and Tobacco Control
Act; Restrictions on the Sale and Distribution of
Tobacco Products and Required Warning
Statements for Tobacco Products (81 FR 28974, May
10, 2016) (the Deeming rule)). This rule will apply
to all tobacco products FDA regulates under
Chapter IX of the FD&C Act.
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95863
requests (including subsequent
abbreviated reports).
B. Summary of the Major Provisions of
the Regulatory Action
The rule explains when FDA will
refuse to accept a premarket submission,
including PMTAs, MRTPAs, SE
applications, and exemption requests
(including subsequent abbreviated
reports). The rule is based on FDA’s
experience in reviewing these
submissions. Under the rule, FDA will
refuse to accept a premarket submission
that: (1) Does not pertain to a tobacco
product; (2) is not in English (or does
not include a complete translation); (3)
is submitted in an electronic format that
FDA cannot process, read, review, or
archive; (4) does not include the
applicant’s contact information; (5) is
from a foreign applicant and does not
include the name and contact
information of an authorized U.S. agent
(authorized to act on behalf of the
applicant for the submission); (6) does
not include a required form(s); (7) does
not identify the tobacco product; (8)
does not identify the type of
submission; (9) does not include the
signature of a responsible official
authorized to represent the applicant; or
(10) does not include an environmental
assessment or claim of a categorical
exclusion, if applicable. Under the rule,
if FDA refuses to accept the submission,
FDA will send the contact (if available)
a notification. If the submission is
accepted for further review, FDA will
send an acknowledgement letter.
II. Background
FDA published two rulemaking
documents concerning refuse to accept
procedures in the Federal Register of
August 8, 2016: A direct final rule (81
FR 52329) and a companion proposed
rule (81 FR 52371). We published the
direct final rule because we believed
that the rule was noncontroversial, and
we did not anticipate that it would
receive any significant adverse
comments. As a companion to the direct
final rule, we published a proposed rule
with the same codified language
published in the proposed rules section
of the Federal Register. The companion
proposed rule provides a procedural
framework to finalize the rule in the
event that the direct final rule receives
any adverse comment and is withdrawn.
We received adverse comment on the
direct final rule and withdrew the direct
final rule by issuing a notice in the
Federal Register of November 16, 2016
(81 FR 80567). We are now finalizing
the proposed rule and responding to the
comments we received.
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]]>Agencies
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Rules and Regulations]
[Pages 95860-95863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31146]
=======================================================================
-----------------------------------------------------------------------
DELAWARE RIVER BASIN COMMISSION
18 CFR Parts 401 and 420
Regulatory Program Fees and Water Supply Charges
AGENCY: Delaware River Basin Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission amends the Rules of Practice and Procedure and
the Basin Regulations--Water Supply Charges, respectively, to adopt a
new project review fee structure and provide for automatic inflation
adjustments. These changes are also incorporated into the Commission's
Comprehensive Plan.
DATES: This final rule is effective January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Richard C. Gore, Director of
Administration and Finance, 609-883-9500, ext. 201.
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 on behalf of the federal government, the North
Atlantic Division Commander of the U.S. Army Corps of Engineers.
By Resolution No. 2016-8 on December 14, 2016 the Commission
approved a comprehensive revision of its project review fee structure,
including an automatic annual indexed inflation adjustment for most
fees. An inflation adjustment was also approved for DRBC's water supply
charges rates applicable to consumptive and non-consumptive surface
water withdrawals. The changes to DRBC's regulatory program fees are
designed to provide a more predictable and sustainable source of
revenues and to close the annual gap in funding needed to support
DRBC's project review program. They also adjust the fees program to
better align with the One Process/One Permit Program instituted earlier
in 2016. The changes to DRBC's water supply charges regulations are
designed to help revenues assigned to DRBC's Water Supply Storage
Facilities Fund keep pace with inflation.
Public Process. A Notice of Proposed Rulemaking and Public Hearing
was posted to the Commission's Web site on May 9, 2016. A detailed set
of questions and answers about the proposal (``FAQs'') and a press
release accompanied the May 9, 2016 web posting. On May 10, 2016, an
email alert, including a link to the notice and supporting documents,
was transmitted to all parties subscribed to DRBC's list serve. Notice
of the proposed rules was published in the Federal Register at 81 FR
35662, June 3, 2016 and appeared in the Delaware Register of
Regulations, 19 DE Reg., 1052, June 1, 2016; New Jersey Register, 48
N.J.R. 949, June 6, 2016; New York State Register, May 25, 2016 (page
1); and Pennsylvania Bulletin, 46 Pa.B. 2967, June 11, 2016. DRBC staff
hosted a public informational meeting on the proposal on Wednesday,
June 15, 2016 in Washington Crossing, Pa., including presentations by
staff and informal questions and answers. The FAQs posted on the
Commission's Web site were thereafter supplemented with questions and
responses offered during the informational meeting. A public hearing on
the proposed amendments took place at the Commission's office building
in West Trenton, N.J. on July 27, 2016 and written comments were
accepted through August 12, 2016.
In response to the written and oral comments submitted on the draft
rules, staff developed a detailed comment and response document,
including modest changes to the rule text. After careful consideration
and consultation with staff on the comments and proposed changes to the
draft rules, the Commissioners determined that the changes were
appropriate, responsive to the public's concerns and a logical
outgrowth of the rules as proposed. The changes and the staff response
to comments were adopted by unanimous vote of the Commissioners to
approve Resolution No. 2016-8 at the Commission's public business
meeting on December 14, 2016.
Additional materials. The following additional materials can be
found on the Commission's Web site, www.drbc.net:
[[Page 95861]]
Resolution No. 2016-8, at https://www.nj.gov/drbc/library/documents/Res2016-09_Fee-Rule.pdf. Attachments to the resolution
include a redline version of the regulatory program fees rule text,
showing changes between the draft and final versions of the new rule;
and a redline version of the schedule of water charges, comparing the
text that has been in place since 2011 with the text of this final
rule.
The detailed comment and response document prepared by
staff and adopted by the Commission when it approved the final rule on
December 14, 2016, at https://www.nj.gov/drbc/library/documents/regs/CR_fees-rulemaking121416.pdf.
A questions and answers document (``FAQs'') prepared by
staff to explain the purpose and effect of the rule changes, at https://www.nj.gov/drbc/library/documents/FAQ_fees-charges121416.pdf.
The Commission's press release dated December 14, 2016,
announcing adoption of the project review fees restructuring and
amendment of the schedule of water charges, at https://www.nj.gov/drbc/home/newsroom/news/approved/20161214_newsrel_fees.html.
Updated versions of the Rules of Practice and Procedure
and the Basin Regulations--Water Supply Charges, at https://www.nj.gov/drbc/about/regulations/.
List of Subjects
18 CFR Part 401
Administrative practice and procedure, Project review, Water
pollution control, Water resources.
18 CFR Part 420
Water supply.
For the reasons set forth in the preamble, the Delaware River Basin
Commission amends parts 401 and 420 of title 18 of the Code of Federal
Regulations as set forth below:
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. 401.43 to subpart C to read as follows:
Sec. 401.43 Regulatory program fees.
(a) Purpose. The purpose of this section is to provide an adequate,
stable and reliable stream of revenue to cover the cost of the
Commission's regulatory program activities, an important means by which
the Commission coordinates management of the shared water resources of
the Basin. Activities to be covered by the fees include the review of
applications for projects that are subject to review under the Delaware
River Basin Compact and implementing regulations; and ongoing
activities associated with such projects, including but not limited to,
effluent and ambient monitoring, data analysis, hydrodynamic and water
quality modeling, and coordination with state and federal agencies.
(b) Types of fees. The following types of fees are established by
this section:
(1) Docket application fee. Except as set forth in paragraph
(b)(1)(iii) of this section, the docket application fee shall apply to:
(i) Project requiring a DRBC-issued docket or permit. Any project
that, in accordance with the Delaware River Basin Compact and DRBC
regulations, requires a Commission-issued docket or permit, whether it
be a new or existing project for which the Commission has not yet
issued an approval or a project for which the renewal of a previous
Commission approval is required.
(ii) Project requiring inclusion in the comprehensive plan. Any
project that in accordance with section 11 or section 13.1 of the
Delaware River Basin Compact and DRBC regulations must be added to the
Comprehensive Plan (also, ``Plan''). In addition to any new project
required to be included in the Plan, such projects include existing
projects that in accordance with section 13.1 of the Compact are
required to be included in the Plan and which were not previously added
to the Plan. Any existing project that is changed substantially from
the project as described in the Plan shall be deemed to be a new and
different project for purposes of this section.
(iii) Exemptions. The docket application fee shall not apply to:
(A) Any project for which the Signatory Party Agency serves as lead
under the One Permit Program rule (Sec. 401.42), unless such project
must be added by the Commission to the Comprehensive Plan.
(B) Any project for which an agency, authority or commission of a
signatory to the Compact is the primary sponsor. Projects sponsored by
political subdivisions of the signatory states shall not be included in
this exemption. For purposes of this section ``political subdivisions''
shall include without limitation municipalities, municipal utility
authorities, municipal development corporations, and all other entities
not directly under the budgetary and administrative control of the
Commission's members.
(2) Annual monitoring and coordination fee. An annual monitoring
and coordination fee shall apply to each withdrawal and/or discharge
project for which a water allocation or wastewater discharge approval
issued pursuant to the Compact and implementing regulations is in
effect, regardless of whether the approval was issued by the Commission
in the form of a docket, permit or other instrument, or by a Signatory
Party Agency under the One Permit Program rule (Sec. 401.42). The fee
shall be based on the amount of a project's approved monthly water
allocation and/or approved daily discharge capacity.
(3) Alternative review fee. In instances where the Commission's
activities and related costs associated with the review of an existing
or proposed project are expected to involve extraordinary time and
expense, an alternative review fee equal to the Commission's actual
costs may be imposed. The Executive Director shall inform the project
sponsor in writing when the alternative review fee is to be applied and
may require advance payment in the amount of the Commission's projected
costs. Instances in which the alternative review fee may apply include,
but are not limited to, matters in which:
(i) DRBC staff perform a detailed pre-application review, including
but not limited to the performance or review of modeling and/or
analysis to identify target limits for wastewater discharges.
(ii) DRBC staff perform or review complex modeling in connection
with the design of a wastewater discharge diffuser system.
(iii) DRBC manages a public process for which the degree of public
involvement results in extraordinary effort and expense, including but
not limited to, costs associated with multiple stakeholder meetings,
special public hearings, and/or voluminous public comment.
(iv) DRBC conducts or is required to engage third parties to
conduct additional analyses or evaluations of a project in response to
a court order.
(4) Additional fees--(i) Emergency approval. A request for an
emergency certificate under Sec. 401.40 to waive or amend a docket
condition shall be subject to a minimum fee in accordance with
paragraph (e) of this section. An alternative review fee also may be
charged in accordance with paragraph (b)(3) of this section.
(ii) Late filed renewal application. Any renewal application
submitted
[[Page 95862]]
fewer than 120 calendar days in advance of the expiration date or after
such other date specified in the docket or permit or letter of the
Executive Director for filing a renewal application shall be subject to
a late filed renewal application charge in excess of the otherwise
applicable fee.
(iii) Modification of a DRBC approval. Following Commission action
on a project, each project revision or modification that the Executive
Director deems substantial shall require an additional docket
application fee calculated in accordance with paragraph (e) of this
section and subject to an alternative review fee in accordance with
paragraph (b)(3) of this section.
(iv) Name change. Each project with a docket or permit issued by
the DRBC or by a Signatory Party Agency pursuant to the One Permit
Program rule (Sec. 401.42) will be charged an administrative fee as
set forth in paragraph (e) of this section.
(v) Change of ownership. Each project that undergoes a ``change in
ownership'' as that term is defined at 18 CFR 420.31(e)(2) will be
charged an administrative fee as set forth in paragraph (e) of this
section.
(c) Indexed adjustment. On July 1 of every year, beginning July 1,
2017, all fees established by this section will increase commensurate
with any increase in the annual April 12-month Consumer Price Index
(CPI) for Philadelphia, published by the U.S. Bureau of Labor
Statistics during that year.\1\ In any year in which the April 12-month
CPI for Philadelphia declines or shows no change, the docket
application fee and annual monitoring and coordination fee will remain
unchanged. Following any indexed adjustment made under this paragraph
(c), a revised fee schedule will be published in the Federal Register
by July 1 and posted on the Commission's Web site. Interested parties
may also obtain the fee schedule by contacting the Commission directly
during business hours.
---------------------------------------------------------------------------
\1\ Consumer Price Index--U/Series ID: CWURA102SA0/Not
Seasonally Adjusted/Area: Philadelphia-Wilmington-Atlantic City, PA-
NJ-DE-MD/Item: All items/Base Period: 1982-84 = 100.
---------------------------------------------------------------------------
(d) Late payment charge. When any fee established by this section
remains unpaid 30 calendar days after the payment due date provided on
the Commission's invoice, an incremental charge equal to 2% of the
amount owed shall be automatically assessed. Such charge shall be
assessed every 30 days thereafter until the total amount owed,
including any late payment charges has been paid in full.
(e) Fee schedules. The fees described in this section shall be as
follows:
Table 1 to Sec. 401.43--Docket Application Filing Fee
------------------------------------------------------------------------
Docket application
Project type fee Fee maximum
------------------------------------------------------------------------
Water Allocation................ $400 per million Greater of:
gallons/month of $15,000 \1\ or
allocation,\1\ Alternative
not to exceed Review Fee.
$15,000.\1\ Fee
is doubled for
any portion to be
exported from the
basin.
Wastewater Discharge............ Private projects: Alternative Review
$1,000,\1\ Public Fee.
projects: $500
\1\.
Other........................... 0.4% of project Greater of:
cost up to $75,000 \1\ or
$10,000,000 plus Alternative
0.12% of project Review Fee.
cost above
$10,000,000 (if
applicable), not
to exceed $75,000
\1\.
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
this section.
Table 2 to Sec. 401.43--Annual Monitoring and Coordination Fee
------------------------------------------------------------------------
Annual fee Allocation
------------------------------------------------------------------------
Water Allocation.................. \1\ $300 <4.99 mgm.
\1\ 450 5.00 to 49.99 mgm.
\1\ 650 50.00 to 499.99 mgm.
\1\ 825 500.00 to 9,999.99
mgm.
\1\ 1,000 > or = to 10,000
mgm.
------------------------------------------------------------------------
Annual fee Discharge design
capacity
------------------------------------------------------------------------
Wastewater Discharge.............. \1\ $300 < 0.05 mgd.
\1\ 610 0.05 to 1 mgd.
\1\ 820 1 to 10 mgd.
\1\ 1,000 >10 mgd.
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
this section.
Table 3 to Sec. 401.43--Additional Fees
------------------------------------------------------------------------
Proposed action Fee Fee maximum
------------------------------------------------------------------------
Emergency Approval Under 18 CFR $5,000............ Alternative Review
401.40. Fee.
Late Filed Renewal Surcharge.... $2,000............
Modification of a DRBC Approval. At Executive Alternative Review
Director's Fee.
discretion,
Docket
Application Fee
for the
appropriate
project type.
Name change..................... $1,000 \1\........
Change of Ownership............. $1,500 \1\........
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
this section.
[[Page 95863]]
PART 420--BASIN REGULATIONS--WATER SUPPLY CHARGES
0
3. The authority citation for part 420 continues to read as follows:
Authority: Delaware River Basin Compact, 75 Stat. 688.
0
4. Revise Sec. 420.41 to read as follows:
Sec. 420.41 Schedule of water charges.
The schedule of water charges established in accordance with Sec.
420.22 shall be as follows:
(a) $80 per million gallons for consumptive use, subject to
paragraph (c) of this section; and
(b) $0.80 per million gallons for non-consumptive use, subject to
paragraph (c) of this section.
(c) On July 1 of every year, beginning July 1, 2017, the rates
established by this section will increase commensurate with any
increase in the annual April 12-month Consumer Price Index (CPI) for
Philadelphia, published by the U.S. Bureau of Labor Statistics during
that year.\1\ In any year in which the April 12-month CPI for
Philadelphia declines or shows no change, the water charges rates will
remain unchanged. Following any indexed adjustment made under this
paragraph (c), revised consumptive and non-consumptive use rates will
be published in the Federal Register by July 1 and posted on the
Commission's Web site. Interested parties may also obtain the rates by
contacting the Commission directly during business hours.
---------------------------------------------------------------------------
\1\ Consumer Price Index--U/Series ID: CWURA102SA0/Not
Seasonally Adjusted/Area: Philadelphia-Wilmington-Atlantic City, PA-
NJ-DE-MD/Item: All items/Base Period: 1982-84 = 100.
Dated: December 20, 2016.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2016-31146 Filed 12-23-16; 4:15 pm]
BILLING CODE 6360-01-P
