Review and Approval of Projects, 16546-16547 [2020-05871]

Download as PDF 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 http:// 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 http://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