Review and Approval of Projects, 16546-16547 [2020-05871]
Download as PDF
<![CDATA[
16546
Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Rules and Regulations
DATES:
PART 1264—IMPLEMENTATION OF
THE PROGRAM FRAUD CIVIL
PENALTIES ACT OF 1986
1. The authority citation for part 1264
continues to read as follows:
Authority: 31 U.S.C. 3809, 51 U.S.C.
20113(a).
[Amended]
2. Amend § 1264.102, by removing the
number ‘‘$11,463’’ everywhere it
appears and adding in its place the
number ‘‘$11,665.’’
■
PART 1271—NEW RESTRICTIONS ON
LOBBYING
3. The authority citation for part 1271
continues to read as follows:
■
Authority: Section 319, Pub. L. 101–121
(31 U.S.C. 1352); Pub. L. 97–258 (31 U.S.C.
6301 et seq.).
§ 1271.400
[Amended]
4. In § 1271.400:
a. Amend paragraphs (a) and (b), by
removing the words ‘‘not less than
$20,134 and not more than $201,340’’
and adding in their place the words
‘‘not less than $20,489 and not more
than $204,892.’’
■ b. Amend paragraph (e), by removing
‘‘$20,134’’ wherever it appears and
adding in its place ‘‘$20,489’’ and
removing ‘‘$201,340’’ and adding in its
place ‘‘$204,892.’’
■
■
Appendix A to Part 1271 [Amended]
5. Amend appendix A to part 1271 by:
a. Removing the number ‘‘$20,134’’
everywhere it appears and adding in its
place the number ‘‘$20,489.’’
■ b. Removing the number ‘‘$201,340’’
everywhere it appears and adding in its
place the number ‘‘$204,892.’’
■
■
Nanette Smith,
Team Lead for NASA Directives and
Regulations, Mission Support Operations.
[FR Doc. 2020–05337 Filed 3–23–20; 8:45 am]
BILLING CODE 7510–13–P
SUSQUEHANNA RIVER BASIN
COMMISSION
18 CFR Parts 806
Review and Approval of Projects
Susquehanna River Basin
Commission.
ACTION: Final rule.
lotter on DSKBCFDHB2PROD with RULES
AGENCY:
This document contains rules
that amend the regulations of the
Susquehanna River Basin Commission
(Commission) dealing with the
mitigation of consumptive uses.
SUMMARY:
VerDate Sep<11>2014
15:59 Mar 23, 2020
Jkt 250001
Susquehanna River Basin
Commission, 4423 N. Front Street,
Harrisburg, PA 17110–1788.
FOR FURTHER INFORMATION CONTACT:
Jason E. Oyler, Esq., General Counsel
and Secretary, telephone: 717–238–
0423, ext. 1312; fax: 717–238–2436;
email: joyler@srbc.net. Also, for further
information, including the comment
response document, visit the
Commission’s website at https://
www.srbc.net.
SUPPLEMENTARY INFORMATION: Notice of
proposed rulemaking was published in
the Federal Register on September 13,
2019; New York Register on October 2,
2019; Pennsylvania Bulletin on
September 21, 2019; and Maryland
Register on October 11, 2019. The
Commission convened a public hearing
on October 31, 2019 in Harrisburg,
Pennsylvania. A written comment
period was held open through
November 12, 2019. Concurrent with
the proposed rule, the Commission also
released a draft Consumptive Use
Mitigation Policy for public review and
comment.
The Commission received four
comments on the proposed rule and
policy. Two of the comments were fully
supportive of the rule and policy and
offered no suggested changes. The
additional two comments were
supportive but offered a few suggestions
for revisions to the rule and/or the
policy.
One commenter sought clarification of
the term ‘‘present’’ low flow conditions
in § 806.22(b)(1)(i) and offered
alternative phrasing. The Commission
believes the phrasing of the rule is not
ambiguous and provided clarification in
the comment response document. Two
commenters asked for the Commission
to further amend § 806.22(b)(1)(iii)
related to discontinuance. One
commenter wanted discontinuance to be
limited to a 45 day period. This would
be a new requirement and a change to
the current practice that requires
discontinuance to endure for the entire
Commission declared low flow period,
and the Commission declines to make
this change. Another commenter
suggested that 20,000 gallon per day
threshold for discontinuance be on an
average 30 day basis instead of a peak
day basis established in the rulemaking.
The Commission was purposeful in the
discontinuance revision to be based on
a peak day rate. The use of a 30-day
average rate would be inappropriate
given it would allow an exceedance of
the Commission’s regulatory threshold
that could introduce impacts during
ADDRESSES:
■
§ 1264.102
This rule is effective on April 1,
2020.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Commission-designated low flow
periods, which do not have a set
minimum or maximum duration.
Accordingly, after thorough review
and analysis of the comments, the
Commission has not made any changes
to the rulemaking as proposed. To the
degree the comments seek clarification
of the rules or explanation how they
will be implemented, the Commission
believes that can be addressed through
explanation or clarifications in fact
sheets, application instructions and
other implementation documents. A
more detailed comment response
document has been prepared and is
available upon request and also at the
Commission’s website listed above.
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 amends 18 CFR part
806 as follows:
PART 806—REVIEW AND APPROVAL
OF PROJECTS
1. The authority citation for part 806
continues to read as follows:
■
Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and
15.2, Pub. L. 91–575, 84 Stat. 1509 et seq.
2. Amend § 806.22 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
E:\FR\FM\24MRR1.SGM
24MRR1
Federal Register / Vol. 85, No. 57 / Tuesday, March 24, 2020 / Rules and Regulations
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
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: March 16, 2020.
Jason E. Oyler,
General Counsel and Secretary to the
Commission.
[FR Doc. 2020–05871 Filed 3–23–20; 8:45 am]
BILLING CODE 7040–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel
Restrictions Applicable to Land Ports
of Entry and Ferries Service Between
the United States and Mexico
Office of the Secretary, U.S.
Department of Homeland Security; U.S.
Customs and Border Protection, U.S.
Department of Homeland Security.
ACTION: Notification of temporary travel
restrictions.
AGENCY:
This document announces the
decision of the Secretary of Homeland
Security to temporarily limit the travel
of individuals from Mexico into the
United States at land ports of entry
along the United States-Mexico border
to ‘‘essential travel’’ as further defined
in this document.
lotter on DSKBCFDHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:59 Mar 23, 2020
Jkt 250001
These restrictions go into effect
at 11:59 p.m. Eastern Daylight Time
(EDT) on March 20, 2020 and will
remain in effect until 11:59 p.m. EDT on
April 20, 2020.
FOR FURTHER INFORMATION CONTACT:
Alyce Modesto, Office of Field
Operations, U.S. Customs and Border
Protection (CBP) at 202–344–3788.
SUPPLEMENTARY INFORMATION:
DATES:
Background
Coronavirus Disease 2019 (COVID–
19), a communicable disease caused by
a new (novel) coronavirus named
SARS–CoV–2, is a respiratory disease
that can cause fever, cough, and
difficulty breathing, with reported
illnesses ranging from mildly
symptomatic to severe illness and death.
Although the virus that causes COVID–
19 was originally detected in China, it
has resulted in a pandemic with cases
in 158 countries, including in the
United States and Mexico. On January
30, 2020, the Director-General of the
World Health Organization declared the
outbreak a ‘‘public health emergency of
international concern’’ under the
International Health Regulations
(2005).1 On January 31, 2020, the
Secretary of the Department of Health
and Human Services declared a
nationwide ‘‘public health emergency’’
under section 319 of the Public Health
Service Act, 42 U.S.C. 274d, as a result
of confirmed cases of COVID–19.2 On
March 11, 2020, the World Health
Organization announced that the
COVID–19 outbreak can be
characterized as a pandemic. On March
13, 2020, the President determined that
the ongoing COVID–19 pandemic is of
sufficient severity and magnitude to
warrant an emergency determination
under section 501(b) of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121–5207. In
addition, on March 13, 2020, the
President declared a national emergency
under sections 201 and 301 of the
National Emergencies Act, 50 U.S.C.
1601 et seq.3 The Mexican Ministry of
Education has closed all schools from
1 Statement on the second meeting of the
International Health Regulations (2005) Emergency
Committee regarding the outbreak of novel
coronavirus (2019–nCoV) (Jan. 30, 2020), available
at https://www.who.int/news-room/detail/30-012020-statement-on-the-second-meeting-of-theinternational-health-regulations-(2005)-emergencycommittee-regarding-the-outbreak-of-novelcoronavirus-(2019-ncov).
2 HHS, ‘‘Determination that a Public Health
Emergency Exists,’’ https://www.phe.gov/
emergency/news/healthactions/phe/Pages/2019nCoV.aspx.
3 Proclamation 9994 of Mar. 13, 2020 on
Declaring a National Emergency Concerning the
Novel Coronavirus Disease (COVID–19) Outbreak,
85 FR 15337 (Mar. 18, 2020).
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
16547
March 20 until April 20, and between
March 23 and April 19, the Mexican
government has implemented a
domestic social-distancing campaign to
minimize the spread of the virus that
causes COVID–19.
Notice of Action
Given the outbreak and continued
transmission and spread of COVID–19
within the United States and globally, I
have determined that the risk of
continued transmission and spread of
COVID–19 between the United States
and Mexico poses a ‘‘specific threat to
human life or national interests.’’
U.S. and Mexican officials have
mutually determined that non-essential
travel between the United States and
Mexico poses additional risk of
transmission and spread of COVID–19
and places the populace of both nations
at increased risk of contracting COVID–
19. Moreover, given the sustained
human-to-human transmission of the
virus, maintaining the current level of
travel between the two nations places
the personnel staffing land ports of
entry between the United States and
Mexico, as well as the individuals
traveling through these ports of entry, at
increased risk of exposure to COVID–19.
Accordingly, and consistent with the
authority granted in 19 U.S.C.
1318(b)(1)(C) and (b)(2),4 I have
determined that land ports of entry
along the U.S.-Mexican border will
suspend normal operations and process
for entry only those travelers engaged in
‘‘essential travel,’’ defined below, for
entry into the United States. Given the
definition of ‘‘essential travel’’ below,
4 19 U.S.C. 1318(b)(1)(C) provides that
‘‘[n]otwithstanding any other provision of law, the
Secretary of the Treasury, when necessary to
respond to a national emergency declared under the
National Emergencies Act (50 U.S.C. 1601 et seq.)
or to a specific threat to human life or national
interests,’’ is authorized to ‘‘take any . . . action
that may be necessary to respond directly to the
national emergency or specific threat.’’ On March
1, 2003, certain functions of the Secretary of the
Treasury were transferred to the Secretary of
Homeland Security. See 6 U.S.C. 202(2), 203(1).
Under 6 U.S.C. 212(a)(1), authorities ‘‘related to
Customs revenue functions’’ were reserved to the
Secretary of the Treasury. To the extent that any
authority under section 1318(b)(1) was reserved to
the Secretary of the Treasury, it has been delegated
to the Secretary of Homeland Security. See Treas.
Dep’t Order No. 100–16 (May 15, 2003), 68 FR
28322 (May 23, 2003). Additionally, 19 U.S.C.
1318(b)(2) provides that ‘‘[n]otwithstanding any
other provision of law, the Commissioner of U.S.
Customs and Border Protection, when necessary to
respond to a specific threat to human life or
national interests, is authorized to close temporarily
any Customs office or port of entry or take any other
lesser action that may be necessary to respond to
the specific threat.’’ Congress has vested in the
Secretary of Homeland Security the ‘‘functions of
all officers, employees, and organizational units of
the Department,’’ including the Commissioner of
CBP. 6 U.S.C. 112(a)(3).
E:\FR\FM\24MRR1.SGM
24MRR1
]]>Agencies
[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Rules and Regulations]
[Pages 16546-16547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05871]
=======================================================================
-----------------------------------------------------------------------
SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Parts 806
Review and Approval of Projects
AGENCY: Susquehanna River Basin Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document contains rules that amend the regulations of the
Susquehanna River Basin Commission (Commission) dealing with the
mitigation of consumptive uses.
DATES: This rule is effective on April 1, 2020.
ADDRESSES: Susquehanna River Basin Commission, 4423 N. Front Street,
Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel
and Secretary, telephone: 717-238-0423, ext. 1312; fax: 717-238-2436;
email: [email protected]. Also, for further information, including the
comment response document, visit the Commission's website at https://www.srbc.net.
SUPPLEMENTARY INFORMATION: Notice of proposed rulemaking was published
in the Federal Register on September 13, 2019; New York Register on
October 2, 2019; Pennsylvania Bulletin on September 21, 2019; and
Maryland Register on October 11, 2019. The Commission convened a public
hearing on October 31, 2019 in Harrisburg, Pennsylvania. A written
comment period was held open through November 12, 2019. Concurrent with
the proposed rule, the Commission also released a draft Consumptive Use
Mitigation Policy for public review and comment.
The Commission received four comments on the proposed rule and
policy. Two of the comments were fully supportive of the rule and
policy and offered no suggested changes. The additional two comments
were supportive but offered a few suggestions for revisions to the rule
and/or the policy.
One commenter sought clarification of the term ``present'' low flow
conditions in Sec. 806.22(b)(1)(i) and offered alternative phrasing.
The Commission believes the phrasing of the rule is not ambiguous and
provided clarification in the comment response document. Two commenters
asked for the Commission to further amend Sec. 806.22(b)(1)(iii)
related to discontinuance. One commenter wanted discontinuance to be
limited to a 45 day period. This would be a new requirement and a
change to the current practice that requires discontinuance to endure
for the entire Commission declared low flow period, and the Commission
declines to make this change. Another commenter suggested that 20,000
gallon per day threshold for discontinuance be on an average 30 day
basis instead of a peak day basis established in the rulemaking. The
Commission was purposeful in the discontinuance revision to be based on
a peak day rate. The use of a 30-day average rate would be
inappropriate given it would allow an exceedance of the Commission's
regulatory threshold that could introduce impacts during Commission-
designated low flow periods, which do not have a set minimum or maximum
duration.
Accordingly, after thorough review and analysis of the comments,
the Commission has not made any changes to the rulemaking as proposed.
To the degree the comments seek clarification of the rules or
explanation how they will be implemented, the Commission believes that
can be addressed through explanation or clarifications in fact sheets,
application instructions and other implementation documents. A more
detailed comment response document has been prepared and is available
upon request and also at the Commission's website listed above.
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 amends 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
[[Page 16547]]
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 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: March 16, 2020.
Jason E. Oyler,
General Counsel and Secretary to the Commission.
[FR Doc. 2020-05871 Filed 3-23-20; 8:45 am]
BILLING CODE 7040-01-P
