Review and Approval of Projects, 48312-48314 [2019-19814]

Download as PDF 48312 Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Proposed Rules (b) Affected ADs (1) This AD replaces AD 2014–16–27, Amendment 39–17951 (79 FR 51071, August 27, 2014) (‘‘AD 2014–16–27’’); and AD 2017– 19–14, Amendment 39–19044 (82 FR 43674, September 19, 2017) (‘‘AD 2017–19–14’’). (2) This AD affects AD 2010–26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010) (‘‘AD 2010–26–05’’). (c) Applicability This AD applies to Dassault Aviation Model FALCON 900EX airplanes, serial number (S/N) 97 and S/N 120 and higher, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness issued on or before September 1, 2018. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. (e) Reason This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. khammond on DSKBBV9HB2PROD with PROPOSALS (g) Retained Revision of Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (g) of AD 2017–19–14, with no changes. Within 90 days after October 24, 2017 (the effective date of AD 2017–19–14), revise the maintenance or inspection program, as applicable, to incorporate the information specified in Chapter 5–40, Airworthiness Limitations, Revision 9, dated November 2015, of the Dassault Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance Manual. The initial compliance time for accomplishing the actions specified in Chapter 5–40, Airworthiness Limitations, Revision 9, dated November 2015, of the Dassault Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance Manual, is within the applicable times specified in the maintenance manual or 90 days after October 24, 2017, whichever occurs later, except as provided by paragraphs (g)(1) through (g)(4) of this AD. (1) The term ‘‘LDG’’ in the ‘‘First Inspection’’ column of any table in the service information means total airplane landings. (2) The term ‘‘FH’’ in the ‘‘First Inspection’’ column of any table in the service information means total flight hours. (3) The term ‘‘FC’’ in the ‘‘First Inspection’’ column of any table in the service information means total flight cycles. (4) The term ‘‘M’’ in the ‘‘First Inspection’’ column of any table in the service information means months. VerDate Sep<11>2014 16:26 Sep 12, 2019 Jkt 247001 (h) Retained No Alternative Actions and Intervals, With New Exception This paragraph restates the requirements specified in paragraph (h) of AD 2017–19–14, with a new exception. Except as required by paragraph (i) of this AD, after accomplishing the revision required by paragraph (g) of this AD, no alternative actions (inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l)(1) of this AD. (i) New Requirement of This AD: Maintenance or Inspection Program Revision Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in Chapter 5–40, Airworthiness Limitations, Revision 11, dated September 2018, of the Dassault Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance Manual. The initial compliance time for accomplishing the actions specified in Chapter 5–40, Airworthiness Limitations, Revision 11, dated September 2018, of the Dassault Falcon 900EX EASy, Falcon 900LX, and Falcon 900DX Maintenance Manual, is within the applicable times specified in the maintenance manual, or 90 days after the effective date of this AD, whichever occurs later, except as provided by paragraphs (i)(1) through (i)(4) of this AD. (1) The term ‘‘LDG’’ in the ‘‘First Inspection’’ column of any table in the service information means total airplane landings. (2) The term ‘‘FH’’ in the ‘‘First Inspection’’ column of any table in the service information means total flight hours. (3) The term ‘‘FC’’ in the ‘‘First Inspection’’ column of any table in the service information means total flight cycles. (4) The term ‘‘M’’ in the ‘‘First Inspection’’ column of any table in the service information means months since the date of issuance of the original airworthiness certificate or the date of issuance of the original export certificate of airworthiness. (j) No Alternative Actions or Intervals After the existing maintenance or inspection program has been revised as required by paragraph (i) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions and intervals are approved as an AMOC in accordance with the procedures specified in paragraph (l)(1) of this AD. (k) Terminating Actions for Certain Actions in AD 2010–26–05 Accomplishing the actions required by paragraph (g) or (i) of this AD terminates the requirements of paragraph (g)(1) of AD 2010– 26–05, for Dassault Aviation Model 900EX airplanes, S/N 97 and S/N 120 and higher. (l) Other FAA AD Provisions (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (m)(2) of this AD. Information may be emailed to 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Union Aviation Safety Agency (EASA); or Dassault Aviation’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (m) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2019–0134, dated June 11, 2019, for related information. This MCAI may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019–0697. (2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206– 231–3226. (3) For service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; internet https:// www.dassaultfalcon.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued in Des Moines, Washington, on September 6, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–19772 Filed 9–12–19; 8:45 am] BILLING CODE 4910–13–P SUSQUEHANNA RIVER BASIN COMMISSION 18 CFR Parts 806 Review and Approval of Projects Susquehanna River Basin Commission. ACTION: Notice of proposed rulemaking; notice of public hearing. AGENCY: E:\FR\FM\13SEP1.SGM 13SEP1 Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Proposed Rules This document contains proposed rules that would amend the regulations of the Susquehanna River Basin Commission (Commission) dealing with the mitigation of consumptive uses. These rules are designed to enhance and improve the Commission’s existing authorities to manage the water resources of the basin. DATES: The Commission will hold an informational webinar explaining the proposed rulemaking on October 1, 2019. Instructions for registration for the webinars will be posted on the Commission’s website. Comments on the proposed rulemaking may be submitted to the Commission on or before November 12, 2019. The Commission has scheduled a public hearing on the proposed rulemaking to be held on October 31, 2019 in Harrisburg, PA. The location of the public hearing is listed in the ADDRESSES section of this document. ADDRESSES: Comments may be mailed to: Jason E. Oyler, Esq., General Counsel, Susquehanna River Basin Commission, 4423 N Front Street, Harrisburg, PA 17110–1788, or by email to regcomments@srbc.net. The public hearing location is at the Commission Headquarters at the above address. Those wishing to testify are asked to notify the Commission in advance, if possible, at the regular address listed above or electronic address given below. FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel, telephone: 717–238–0423, ext. 1312; fax: 717–238–2436; email: joyler@ srbc.net. Also, for further information on the proposed rulemaking, visit the Commission’s website at https:// www.srbc.net. SUPPLEMENTARY INFORMATION: The Commission undertook a more comprehensive overhaul of its regulations that were proposed in September of 2016 and adopted as final in June of 2017. As a part of that final rulemaking, the Commission reserved the changes it had proposed pertaining to its regulation of the consumptive use of water. It had also proposed a draft Consumptive Use Mitigation Policy as a companion to that rulemaking, which was also reserved. The Commission has performed a more comprehensive analysis of the comments received on that rulemaking and policy, and changes to the consumptive use regulation are proposed herein as a follow up to that effort. In addition, as a companion to this rulemaking, the Commission is also releasing a revised draft policy for Consumptive Use Mitigation to be open for public comment simultaneously with this proposed rulemaking. khammond on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:26 Sep 12, 2019 Jkt 247001 48313 Standards for Consumptive Uses of Water—18 CFR 806.22 PART 806—REVIEW AND APPROVAL OF PROJECTS Section 806.22 (regarding standards for consumptive uses of water) will be revised. The proposed revisions in § 806.22(b)(1) and (2) lower the 90-day standard for consumptive use mitigation to 45 days and require that any alternative water source or storage will not likely impact nearby surface waters. The purpose of these changes is to reduce the barriers to project sponsors providing their own mitigation. Analysis of the past 100 plus years of river flow records show that the overwhelming majority of low flow events in the Basin are adequately covered by a continuous 45-day consumptive use mitigation standard. Further, the prior standard that alternative supplies or storage have no impact was too rigid for projects to find suitable alternative supplies. Section 806.22(b) is also revised to clarify that discontinuance includes reduction of water consumption to less than 20,000 gallons per day (gpd). This was the Commission’s policy from 1992 until 2006 when the present rule was adopted. In practice, complete discontinuance was found to be impractical and unrealistic for many projects; however, some projects have demonstrated the ability to reduce usage to 20,000 gallons per day when necessary. This practice allows continued operations at a locally de minimis consumptive use level while reducing mitigation demand on either the project or the Commission. Accordingly, this change is designed to increase the feasibility of projects being able to select discontinuance as a mitigation option. Discontinuance of use is the most effective method of mitigation because it reduces and/or eliminates the water use during Commission designated low flows periods and does not depend on any further action by the Commission or project sponsor to be effectuated. Section 806.22(e) is amended to allow a project sourced by reuse of stormwater, wastewater or other reused or recycled water to be eligible for an Approval by Rule for consumptive use. ■ List of Subjects in 18 CFR Part 806 Administrative practice and procedure, Water resources. Accordingly, for the reasons set forth in the preamble, the Susquehanna River Basin Commission proposes to amend 18 CFR part 806 as follows: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 1. The authority citation for part 806 continues to read as follows: Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91–575, 84 Stat. 1509 et seq. 2. Amend § 806.22 by revising paragraphs (b)(1) and (e)(1) to read as follows: ■ § 806.22 water. Standards for consumptive use of * * * * * (b) * * * (1) During low flow periods as may be designated by the Commission for consumptive use mitigation. (i) Reduce withdrawal from the approved source(s), in an amount equal to the project’s consumptive use, and withdraw water from alternative surface water storage or aquifers or other underground storage chambers or facilities approved by the Commission, from which water can be withdrawn for a period of 45 continuous days such that impacts to nearby surface waters will not likely be at a magnitude or in a timeframe that would exacerbate present low flow conditions. (ii) Release water for flow augmentation, in an amount equal to the project’s consumptive use, from surface water storage or aquifers, or other underground storage chambers or facilities approved by the Commission, from which water can be withdrawn for a period of 45 continuous days such that impacts to nearby surface waters will not likely be at a magnitude or in a timeframe that would exacerbate present low flow conditions. (iii) Discontinue the project’s consumptive use, which may include reduction of the project sponsor’s consumptive use to less than 20,000 gpd during periods of low flow. In any case of failure to provide the specified discontinuance, such project shall provide mitigation in accordance with paragraph (b)(3) of this section, for the calendar year in which such failure occurs, after which the Commission will reevaluate the continued acceptability of the discontinuance. * * * * * (e) * * * (1) General rule. Except with respect to projects involving hydrocarbon development subject to the provisions of paragraph (f) of this section, any project that is solely supplied water for consumptive use by public water supply, stormwater, wastewater, or other reused or recycled water, or any combination thereof, may be approved by the Executive Director under this E:\FR\FM\13SEP1.SGM 13SEP1 48314 Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Proposed Rules paragraph (e) in accordance with the following, unless the Executive Director determines that the project cannot be adequately regulated under this approval by rule. * * * * * Dated: September 9, 2019. Jason E. Oyler, General Counsel and Secretary to the Commission. [FR Doc. 2019–19814 Filed 9–12–19; 8:45 am] BILLING CODE 7040–01–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1310 [Docket No. DEA–497] Designation of Benzylfentanyl and 4Anilinopiperidine, Precursor Chemicals Used in the Illicit Manufacture of Fentanyl, as List I Chemicals Drug Enforcement Administration, Department of Justice. ACTION: Notice of proposed rulemaking. AGENCY: The Drug Enforcement Administration (DEA) is proposing the control of N-(1-benzylpiperidin-4-yl)-Nphenylpropionamide (also known as benzylfentanyl), including its salts, and N-phenylpiperidin-4-amine (also known as 4-anilinopiperidine; N-phenyl-4piperidinamine; 4–AP) (hereinafter referred to as 4-anilinopiperidine), including its amides, its carbamates, and its salts, as list I chemicals under the Controlled Substances Act (CSA). Benzylfentanyl and 4anilinopiperidine are used in, and are important to, the illicit manufacture of the schedule II controlled substance fentanyl. If finalized, this action would subject handlers of benzylfentanyl and 4-anilinopiperidine to the chemical regulatory provisions of the CSA and its implementing regulations. This rulemaking does not establish a threshold for domestic and international transactions of benzylfentanyl or 4anilinopiperidine. As such, all transactions of chemical mixtures containing benzylfentanyl or 4anilinopiperidine will be regulated at any concentration and will be subject to control under the CSA. DATES: Comments must be submitted electronically or postmarked on or before November 12, 2019. Commenters should be aware that the electronic Federal Docket Management System will not accept any comments after khammond on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:26 Sep 12, 2019 Jkt 247001 11:59 p.m. Eastern Time on the last day of the comment period. ADDRESSES: To ensure proper handling of comments, please reference ‘‘Docket No. DEA–497’’ on all electronic and written correspondence, including any attachments. • Electronic comments: The DEA encourages that all comments be submitted electronically through the Federal eRulemaking Portal which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to https:// www.regulations.gov and follow the online instructions at that site for submitting comments. Upon completion of your submission, you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on Regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. • Paper comments: Paper comments that duplicate electronic submissions are not necessary. Should you wish to mail a paper comment, in lieu of an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Regulatory Drafting and Policy Support Section (DPW), Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598–6812. SUPPLEMENTARY INFORMATION: Posting of Public Comments Please note that all comments received in response to this docket are considered part of the public record. They will, unless reasonable cause is given, be made available by the DEA for public inspection online at https:// www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. The Freedom of Information Act (FOIA) applies to all comments received. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be made publicly available, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 first paragraph of your comment. You must also place all of the personal identifying information you do not want made publicly available in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be made publicly available, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You must also prominently identify the confidential business information to be redacted within the comment. Comments containing personal identifying information or confidential business information identified as directed above will be made publicly available in redacted form. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to https:// www.regulations.gov may include any personal identifying information (such as name, address, and phone number) included in the text of your electronic submission that is not identified as directed above as confidential. An electronic copy of this proposed rule is available at https:// www.regulations.gov for easy reference. Legal Authority The CSA gives the Attorney General the authority to specify, by regulation, chemicals as list I or list II chemicals. 21 U.S.C. 802(34) and (35). A ‘‘list I chemical’’ is a chemical that is used in manufacturing a controlled substance in violation of title II of the CSA and is important to the manufacture of the controlled substance. 21 U.S.C. 802(34). A ‘‘list II chemical’’ is a chemical (other than a list I chemical) that is used in manufacturing a controlled substance in violation of title II of the CSA. 21 U.S.C. 802(35). The current list of all listed chemicals is published at 21 CFR 1310.02. Pursuant to 28 CFR 0.100(b), the Attorney General has delegated his authority to designate list I and list II chemicals to the Administrator of the Drug Enforcement Administration. Background The DEA is extremely concerned with the increase in the illicit manufacture and distribution of fentanyl. Fentanyl is a synthetic opioid and was first synthesized in Belgium in the late 1950’s. Fentanyl is controlled in schedule II of the CSA due to its high potential for abuse and dependence, and accepted medical use in treatment in the United States. Fentanyl was introduced E:\FR\FM\13SEP1.SGM 13SEP1

Agencies

[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Proposed Rules]
[Pages 48312-48314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19814]


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SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Parts 806


Review and Approval of Projects

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice of proposed rulemaking; notice of public hearing.

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

[[Page 48313]]

SUMMARY: This document contains proposed rules that would amend the 
regulations of the Susquehanna River Basin Commission (Commission) 
dealing with the mitigation of consumptive uses. These rules are 
designed to enhance and improve the Commission's existing authorities 
to manage the water resources of the basin.

DATES: The Commission will hold an informational webinar explaining the 
proposed rulemaking on October 1, 2019. Instructions for registration 
for the webinars will be posted on the Commission's website.
    Comments on the proposed rulemaking may be submitted to the 
Commission on or before November 12, 2019. The Commission has scheduled 
a public hearing on the proposed rulemaking to be held on October 31, 
2019 in Harrisburg, PA. The location of the public hearing is listed in 
the ADDRESSES section of this document.

ADDRESSES: Comments may be mailed to: Jason E. Oyler, Esq., General 
Counsel, Susquehanna River Basin Commission, 4423 N Front Street, 
Harrisburg, PA 17110-1788, or by email to [email protected]. The 
public hearing location is at the Commission Headquarters at the above 
address.
    Those wishing to testify are asked to notify the Commission in 
advance, if possible, at the regular address listed above or electronic 
address given below.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel, 
telephone: 717-238-0423, ext. 1312; fax: 717-238-2436; email: 
[email protected]. Also, for further information on the proposed 
rulemaking, visit the Commission's website at https://www.srbc.net.

SUPPLEMENTARY INFORMATION: The Commission undertook a more 
comprehensive overhaul of its regulations that were proposed in 
September of 2016 and adopted as final in June of 2017. As a part of 
that final rulemaking, the Commission reserved the changes it had 
proposed pertaining to its regulation of the consumptive use of water. 
It had also proposed a draft Consumptive Use Mitigation Policy as a 
companion to that rulemaking, which was also reserved. The Commission 
has performed a more comprehensive analysis of the comments received on 
that rulemaking and policy, and changes to the consumptive use 
regulation are proposed herein as a follow up to that effort. In 
addition, as a companion to this rulemaking, the Commission is also 
releasing a revised draft policy for Consumptive Use Mitigation to be 
open for public comment simultaneously with this proposed rulemaking.

Standards for Consumptive Uses of Water--18 CFR 806.22

    Section 806.22 (regarding standards for consumptive uses of water) 
will be revised. The proposed revisions in Sec.  806.22(b)(1) and (2) 
lower the 90-day standard for consumptive use mitigation to 45 days and 
require that any alternative water source or storage will not likely 
impact nearby surface waters. The purpose of these changes is to reduce 
the barriers to project sponsors providing their own mitigation. 
Analysis of the past 100 plus years of river flow records show that the 
overwhelming majority of low flow events in the Basin are adequately 
covered by a continuous 45-day consumptive use mitigation standard. 
Further, the prior standard that alternative supplies or storage have 
no impact was too rigid for projects to find suitable alternative 
supplies.
    Section 806.22(b) is also revised to clarify that discontinuance 
includes reduction of water consumption to less than 20,000 gallons per 
day (gpd). This was the Commission's policy from 1992 until 2006 when 
the present rule was adopted. In practice, complete discontinuance was 
found to be impractical and unrealistic for many projects; however, 
some projects have demonstrated the ability to reduce usage to 20,000 
gallons per day when necessary. This practice allows continued 
operations at a locally de minimis consumptive use level while reducing 
mitigation demand on either the project or the Commission. Accordingly, 
this change is designed to increase the feasibility of projects being 
able to select discontinuance as a mitigation option. Discontinuance of 
use is the most effective method of mitigation because it reduces and/
or eliminates the water use during Commission designated low flows 
periods and does not depend on any further action by the Commission or 
project sponsor to be effectuated.
    Section 806.22(e) is amended to allow a project sourced by reuse of 
stormwater, wastewater or other reused or recycled water to be eligible 
for an Approval by Rule for consumptive use.

List of Subjects in 18 CFR Part 806

    Administrative practice and procedure, Water resources.

    Accordingly, for the reasons set forth in the preamble, the 
Susquehanna River Basin Commission proposes to amend 18 CFR part 806 as 
follows:

PART 806--REVIEW AND APPROVAL OF PROJECTS

0
1. The authority citation for part 806 continues to read as follows:

    Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91-
575, 84 Stat. 1509 et seq.

0
 2. Amend Sec.  806.22 by revising paragraphs (b)(1) and (e)(1) to read 
as follows:

Sec.  806.22   Standards for consumptive use of water.

* * * * *
    (b) * * *
    (1) During low flow periods as may be designated by the Commission 
for consumptive use mitigation.
    (i) Reduce withdrawal from the approved source(s), in an amount 
equal to the project's consumptive use, and withdraw water from 
alternative surface water storage or aquifers or other underground 
storage chambers or facilities approved by the Commission, from which 
water can be withdrawn for a period of 45 continuous days such that 
impacts to nearby surface waters will not likely be at a magnitude or 
in a timeframe that would exacerbate present low flow conditions.
    (ii) Release water for flow augmentation, in an amount equal to the 
project's consumptive use, from surface water storage or aquifers, or 
other underground storage chambers or facilities approved by the 
Commission, from which water can be withdrawn for a period of 45 
continuous days such that impacts to nearby surface waters will not 
likely be at a magnitude or in a timeframe that would exacerbate 
present low flow conditions.
    (iii) Discontinue the project's consumptive use, which may include 
reduction of the project sponsor's consumptive use to less than 20,000 
gpd during periods of low flow. In any case of failure to provide the 
specified discontinuance, such project shall provide mitigation in 
accordance with paragraph (b)(3) of this section, for the calendar year 
in which such failure occurs, after which the Commission will 
reevaluate the continued acceptability of the discontinuance.
* * * * *
    (e) * * *
    (1) General rule. Except with respect to projects involving 
hydrocarbon development subject to the provisions of paragraph (f) of 
this section, any project that is solely supplied water for consumptive 
use by public water supply, stormwater, wastewater, or other reused or 
recycled water, or any combination thereof, may be approved by the 
Executive Director under this

[[Page 48314]]

paragraph (e) in accordance with the following, unless the Executive 
Director determines that the project cannot be adequately regulated 
under this approval by rule.
* * * * *

    Dated: September 9, 2019.
Jason E. Oyler,
General Counsel and Secretary to the Commission.
[FR Doc. 2019-19814 Filed 9-12-19; 8:45 am]
 BILLING CODE 7040-01-P