Rules of Practice and Procedure, 51823-51828 [2024-13308]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 119 / Thursday, June 20, 2024 / Rules and Regulations
written comments on the proposal to the
FAA. No comments were received.
Incorporation by Reference
Class E airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document amends the current version of
that order, FAA Order JO 7400.11H,
dated August 11, 2023, and effective
September 15, 2023. FAA Order JO
7400.11H is publicly available as listed
in the ADDRESSES section of this
document. These amendments will be
published in the next update to FAA
Order JO 7400.11.
FAA Order JO 7400.11H lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This amendment to 14 CFR part 71
establishes Class E airspace extending
upward from 700 feet above the surface
to within a 8.2-mile radius of The
Standing Rock Airport, Fort Yates, ND.
Regulatory Notices and Analyses
khammond on DSKJM1Z7X2PROD with RULES
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Lists of Subjects in 14 CFR 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AGL ND E5 Fort Yates, ND [Establish]
Standing Rock Airport, ND
(Lat. 46°04′01″ N, long. 100°37′58″ W)
That airspace extending upward from 700
feet above the surface within a 8.2-mile
radius of Standing Rock Airport.
*
*
*
*
Issued in Fort Worth, Texas, on June 12,
2024.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2024–13317 Filed 6–18–24; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 210
[Release Nos. 33–11265A; 34–99418A; IC–
35096A; File No. S7–13–22]
Environmental Review
RIN 3235–AM90
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Special Purpose Acquisition
Companies, Shell Companies, and
Projections; Correction
VerDate Sep<11>2014
16:26 Jun 18, 2024
Jkt 262001
Securities and Exchange
Commission.
ACTION: Final rule; correction.
AGENCY:
This document makes a
correction to an amendatory instruction
in Release No. 33–11265 (Jan. 24, 2024),
which was published in the Federal
Register on February 26, 2024.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
Effective July 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Saltzburg, at (202) 551–3430,
Office of Rulemaking, Division of
Corporation Finance, U.S. Securities
and Exchange Commission, 100 F Street
NE, Washington, DC 20549.
SUPPLEMENTARY INFORMATION: In FR Doc.
2024–01853, appearing on page 14158
in the Federal Register of Monday,
February 26, 2024, the following
correction is made:
§ 210.1–02
[Corrected]
On page 14313, in the second column,
in part 210, instruction 2, ‘‘Amend
§ 210.1–02 by revising paragraphs (d)
and (w)(1) to read as follows:’’ is
corrected to read ‘‘Amend § 210.1–02 by
revising paragraph (d) and paragraph
(w)(1) introductory text to read as
follows:’’.
■
Dated: June 14, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024–13444 Filed 6–18–24; 8:45 am]
BILLING CODE 8011–01–P
DELAWARE RIVER BASIN
COMMISSION
18 CFR Part 401
Rules of Practice and Procedure
Delaware River Basin
Commission.
ACTION: Final rule; correcting
amendments.
AGENCY:
*
SUMMARY:
DATES:
51823
The Delaware River Basin
Commission is amending its Rules of
Practice and Procedure to: resolve
ambiguities around the automatic
termination of project approvals issued
by the Commission and make
conforming amendments to related
provisions as appropriate; update the
Commission’s Water Resources Program
and Project Review procedures to better
conform them to current practice;
remove incorrect references to the
Federal Freedom of Information Act in
the Commission’s regulations providing
for access to public records; align
pronouns with the Commission’s
policies regarding diversity, inclusion,
and belonging; and correct certain crossreferences.
DATES: This final rule is effective July
22, 2024.
FOR FURTHER INFORMATION CONTACT:
Pamela M. Bush, Esquire, Commission
Secretary and Assistant General
Counsel, at pam.bush@drbc.gov
(preferred) or 609–477–7203.
SUMMARY:
E:\FR\FM\20JNR1.SGM
20JNR1
51824
Federal Register / Vol. 89, No. 119 / Thursday, June 20, 2024 / Rules and Regulations
The
Delaware River Basin Commission
(‘‘DRBC’’ or ‘‘Commission’’) is a
Federal-interstate compact agency
formed by the enactment of concurrent
legislation by four states and the United
States in 1961 1 to manage the water
resources of the Delaware River Basin
(the ‘‘Basin’’) without regard to political
boundaries. The Commission’s members
are, ex officio, the governors of the states
of Delaware, New Jersey, New York, and
Pennsylvania, and the Division Engineer
of the U.S. Army Corps of Engineers
North Atlantic Division, who represents
the United States.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
Background
The Commission’s Rules of Practice
and Procedure (‘‘RPP’’), comprising part
401 of title 18 of the Code of Federal
Regulations, govern the adoption and
revision of the Commission’s
Comprehensive Plan and Water
Resources Program, exercise of the
Commission’s authority pursuant to the
provisions of Article 3.8 of the Delaware
River Basin Compact (the ‘‘Compact’’),
and other actions of the Commission
mandated or authorized by the
Compact, including but not limited to
the administration of public access to
records and information in the
Commission’s possession.
On September 28, 2023, the
Commission published a proposed rule
(88 FR 66722) to amend the RPP to:
resolve ambiguities around the
automatic termination of project
approvals issued by the Commission
and make conforming amendments to
related provisions as appropriate;
update the Commission’s Water
Resources Program and Project Review
procedures to better conform them to
current practice; remove incorrect
references to the Federal Freedom of
Information Act in the Commission’s
regulations providing for access to
public records; and align pronouns with
the Commission’s policies regarding
diversity, inclusion, and belonging. A
notice of the proposed amendments
appeared in the Delaware Register of
Regulations, 27 Del. Reg. 196, 206, on
October 1, 2023, the New Jersey
Register, 55 N.J.R. 2179(a), on October
16, 2023, the New York Register, 45
N.Y. Reg. 9, on October 11, 2023, and
the Pennsylvania Bulletin, 53 Pa. B.
6698, on October 28, 2023.
1 United States Public Law 87–328, Approved
Sept. 27, 1961, 75 Statutes at Large 688; 53
Delaware Laws, Ch. 71, Approved May 26, 1961;
New Jersey Laws of 1961, Ch. 13, Approved May
1, 1961; New York Laws of 1961, Ch. 148,
Approved March 17, 1961; Pennsylvania Acts of
1961, Act. No. 268, Approved July 7, 1961.
VerDate Sep<11>2014
16:26 Jun 18, 2024
Jkt 262001
Opportunity for public input on the
proposed rules was provided during a
comment period that ran from
September 28, 2023, through November
30, 2023. In addition to soliciting
written comments, the Commission
accepted oral comment at two hearings
conducted via Zoom and telephone. The
Commission received a total of 209
public comment submissions, consisting
of 199 written submissions and ten oral
comments. The submissions typically
consisted of a set of comments from a
single individual or organization, and
they typically addressed more than one
aspect or provision of the proposed
amendments. In many instances, a
single submission included a set of
comments by two or more individuals
or organizations. Some submissions
consisted of petitions or a set of
comments with multiple signers.
Similar or identical comments were in
many instances submitted by individual
commenters using form letters or
template language provided by others.
Commenters were not limited to a single
submission, and some commenters
offered two or more submissions. The
‘‘199’’ figure represents the number of
individual written submissions the
Commission received during the
comment period without regard to the
number of comments within a
submission, the number of signers on a
single submission, or the number of
individuals making a joint submission.
The Commission reviewed all
comments and supporting material it
received during the comment period.
The staff, in consultation with the
Commissioners, prepared a Comment
and Response Document summarizing
the comments on the proposed rule and
setting forth the Commission’s
responses and revisions in detail. By
Resolution No. 2024—06 on June 5,
2024, the Commission adopted the
Comment and Response Document
simultaneously with its adoption of the
final rule.
Changes From the Proposed Rule
The final rule differs from the
proposed in the following respects:
Action on request for extension. The
final rule provides that the
Commissioners, not the Executive
Director, will approve or deny all
requests for extended or renewed
approval under amended § 401.41(a)
and (b), respectively. In conjunction
with this change, rather than
establishing a prescribed extension term
of five years, as originally proposed, the
final rule at § 401.41(a) provides for the
Commissioners to grant an extension of
up to five years.
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Eligibility for extension. Under the
final rule, to qualify for extension of a
docket approval that would otherwise
expire under § 401.41, in addition to
demonstrating that approved activities,
site conditions, and the Comprehensive
Plan have not materially changed, the
docket holder (project sponsor) will be
required to demonstrate that it is
diligently pursuing the project, which
can be shown through its planning,
construction or project operational
activities, its project expenditures, its
efforts to secure government approvals
necessary for the project, or its active
participation in appeals of government
decisions on its applications for
government approvals.
The docket holder will not be
required to demonstrate that it has
expended a fixed, minimum dollar
amount, a proposal to which
commenters objected. Nor will the
docket holder be obligated to show that
it has expended a substantial sum in
relation to the project cost, as the rule
originally provided, or that it has
expended a fixed percentage
representing a substantial sum in
relation to the total cost of the project,
as some commenters proposed. In the
Commission’s view, those approaches
are impracticable where the project
costs consist primarily of construction
costs, and where the sponsor could not
lawfully or reasonably commence
construction because all final approvals
have not been secured.
Public process. In accordance with the
final rule, the Commission will publish
notice that it has received a request for
a docket extension under § 401.41(a)
and provide an opportunity for written
comment of at least ten days’ length on
whether the docket holder has
demonstrated all elements requisite for
an extension—i.e., that the approved
activities, site conditions, and
Comprehensive Plan have not materially
changed, and that the project sponsor
has diligently pursued the project in
reliance on the Commission’s approval.
The project sponsor will be afforded an
opportunity to respond to the comments
received but will not be obligated to do
so. The Commission will provide notice
at least ten days prior to the date of a
business meeting at which the
Commissioners consider action on a
request pursuant to § 401.41(a).
Public hearing. The final rule
provides that a public hearing on a
request for a docket extension under
§ 401.41(a) will be held if three or more
Commission members request such a
hearing in writing to the Executive
Director or by vote at a public meeting.
Administrative continuance. Under
the final rule, a docket that is the subject
E:\FR\FM\20JNR1.SGM
20JNR1
Federal Register / Vol. 89, No. 119 / Thursday, June 20, 2024 / Rules and Regulations
of a request for extension under
§ 401.41(a) filed at least 90 days before
the docket’s expiration will be
administratively continued pending
final Commission action on the request
in the event that such action occurs after
the otherwise effective date of
termination.
Construction complete. The final rule
clarifies that if the activities authorized
by the Commission’s docket are limited
to construction activities, an extension
in accordance with § 401.41(a) is no
longer required once construction is
complete. Because some dockets issued
for construction activities impose
ongoing obligations on docket holders,
the final rule further clarifies that the
expiration of the docket, including any
approved extension, does not eliminate
ongoing docket obligations expressly
identified as such in the docket
approval.
Language of final § 401.41(b). The
final language adopted for § 401.41(b)
has been modified from the originally
proposed language to more accurately
reflect that the burden is on the docket
holder to demonstrate eligibility for an
extension under § 401.41(a).
Process for re-application. Under the
final rule, if a request for extension
under § 401.41(a) is denied, and the
project sponsor wishes to apply for
renewal of its docket approval under
paragraph (b), the project sponsor must
do so by a date to be established by the
Commission. In this situation, the
docket approval is not thereafter
administratively continued
automatically. However, the
Commission may, in its discretion,
administratively extend the docket
approval in whole or in part for a period
ending on or before the date on which
the Commission renders a final decision
on the sponsor’s renewal application.
khammond on DSKJM1Z7X2PROD with RULES
Correcting Amendments
On October 8, 1987, the Commission
redesignated portions of the Rules of
Practice and Procedure (52 FR 37602).
The final rule that contained the
redesignation inadvertently failed to
update certain cross-references affected
by the redesignation. This final rule
corrects those cross-references. The
affected provisions are 18 CFR
401.108(c), 401.109(a), (d), and (e),
401.113, and 401.115(b).
Additional Materials
Additional materials can be found on
the Commission’s website at: https://
www.nj.gov/drbc/about/regulations/
finalrule_RPPamendments.html. These
include links to Resolution No. 2024—
06 of June 5, 2024 adopting the final
rule and incorporating a clean copy of
VerDate Sep<11>2014
16:26 Jun 18, 2024
Jkt 262001
the rule text; the Commission’s
Comment and Response Document; a
mark-up comparing the final to the
proposed rule text; a mark-up
comparing the final to the former rule
text; and copies of the comments
received.
The Commission’s notice of proposed
rulemaking and proposed rule text can
be found on the Commission’s website
at: https://www.nj.gov/drbc/meetings/
proposed/notice_RPP_
amendments.html.
List of Subjects in 18 CFR Part 401
Administrative practice and
procedure, Archives and records, Water
resources.
For the reasons set forth in the
preamble, the Delaware River Basin
Commission amends 18 CFR chapter III
as follows:
PART 401—RULES OF PRACTICE AND
PROCEDURE
1. The authority citation for part 401
continues to read as follows:
■
Authority: Delaware River Basin Compact
(75 Stat. 688) unless otherwise noted.
51825
Commission recommends for action.
That part of the Program consisting of a
presentation of the water resource needs
of the Basin will be revised only at such
intervals as may be indicated to reflect
new findings and conclusions, based
upon the Commission’s continuing
planning programs.
§ 401.23
Procedure.
The Water Resources Program will be
prepared and considered by the
Commission for adoption annually.
Projects included in the Water
Resources Program shall have been
previously included in the
Comprehensive Plan, except that a
project may be added to both the Plan
and the Program by concurrent action of
the Commission. In such instances, the
project’s sponsor shall furnish the
information listed in § 401.4(b) prior to
the inclusion of the project in the
Comprehensive Plan and Water
Resources Program.
§ § 401.24 through 401.26
■
[Removed]
4. Remove §§ 401.24 through 401.26.
Subpart C—Project Review Under
Section 3.8 of the Compact
Subpart A—Comprehensive Plan
5. In § 401.38, revise the introductory
text to read as follows:
■
2. In § 401.8, revise paragraph (a) to
read as follows:
■
§ 401.8 Public projects under Article 11 of
the Compact.
(a) After a project of any Federal,
State, or local agency has been included
in the Comprehensive Plan, no further
action will be required by the
Commission or by the agency to satisfy
the requirements of Article 11 of the
Compact, except as the Comprehensive
Plan may be amended or revised
pursuant to the Compact and this part.
Any project which is materially changed
from the project as described in the
Comprehensive Plan will be deemed to
be a new and different project for the
purposes of Article 11 of the Compact.
Whenever a change is made the sponsor
shall advise the Executive Director, who
will determine whether the change is
deemed a material change within the
meaning of this part.
*
*
*
*
*
Subpart B—Water Resources Program
3. Revise §§ 401.22 and 401.23 to read
as follows:
■
§ 401.22
Concept of the program.
The Water Resources Program, as
defined and described in section 13.2 of
the Compact, will be a reasonably
detailed amplification of that part of the
Comprehensive Plan which the
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
§ 401.38 Form of referral by State or
Federal agency.
Upon receipt of an application by any
State or Federal agency for any project
reviewable by the Commission under
this part, if the project has not prior
thereto been reviewed and approved by
the Commission, such agency shall refer
the project for review under section 3.8
of the Compact in such form and
manner as shall be provided by
Administrative Agreement.
*
*
*
*
*
■ 6. Revise § 401.39 to read as follows:
§ 401.39
Form of submission of projects.
(a) Submission constituting
application. Where a project is subject
to review under section 3.8 of the
Compact, the submission shall be in
accordance with such form of
application as the Executive Director
may prescribe and with such supporting
documentation as the Executive Director
may reasonably require for the
administration of the provisions of the
Compact. An application shall be
deemed complete and the Commission’s
review of the application may
commence upon submission of the
completed form in accordance with
paragraph (b) of this section, and
payment of the applicable fee as set
forth in § 401.43 together with all
E:\FR\FM\20JNR1.SGM
20JNR1
51826
Federal Register / Vol. 89, No. 119 / Thursday, June 20, 2024 / Rules and Regulations
balances due the Commission, if any, by
the applicant or any member of its
corporate structure, for unpaid fees,
penalties, or interest.
(b) Submission of applications.
Application forms and accompanying
submissions shall be filed in accordance
with the filing instructions included on
the application form.
(c) Availability of forms. Any person
may obtain a copy of any form
prescribed for use in paragraph (a) of
this section on the Commission’s
website, https://www.drbc.gov.
■ 7. Revise § 401.41 to read as follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 401.41 Limitation of approval; dormant
applications.
(a) Extension (no material change)—
(1) Term of approval; extension request.
For any Commission approval not
assigned an expiration date, the
Commission’s approval shall expire five
years from the approval date unless
prior thereto the Commission extends
the approval for an additional period of
up to five years, based upon a written
request from the project sponsor
accompanied by supporting
documentation demonstrating that the
following criteria have been met:
(i) No material changes to the project
as approved are proposed;
(ii) The condition of the project site
has not changed in a manner important
to determining whether the project
would substantially impair or conflict
with the Commission’s Comprehensive
Plan;
(iii) The Commission’s
Comprehensive Plan has not changed in
a manner important to determining
whether the project would substantially
impair or conflict with the
Comprehensive Plan; and
(iv) The project sponsor is diligently
pursuing the project as shown by its
planning, construction or project
operational activities, its project
expenditures, its efforts to secure
government approvals necessary for the
project, or its active participation in
appeals of government decisions on its
applications for government approvals.
The project sponsor is not required by
this paragraph (a)(1)(iv) to conduct
activities that it is not legally authorized
to conduct or that it demonstrates
would be unreasonable for it to conduct
before obtaining all necessary final
government approvals.
(2) Denial of extension request.
Otherwise, the extension request shall
be denied, and the project sponsor may
apply for renewal of its approval under
paragraph (b) of this section by a date
to be established by the Commission. If
the Commission denies the request for
an extension pursuant to this section,
VerDate Sep<11>2014
16:26 Jun 18, 2024
Jkt 262001
the docket approval shall not be
administratively continued
automatically pursuant to paragraph
(a)(5) of this section. The Commission
may, however, in its discretion,
administratively extend the docket
approval in whole or in part for a period
ending on or before the date on which
the Commission renders a final decision
on the sponsor’s re-application under
paragraph (b) of this section.
(3) Public notice. The Commission
will publish notice of receipt of a
request for extension under this
paragraph (a) and will provide notice at
least ten days prior to the date of a
business meeting at which the
Commissioners may act on such request.
(4) Public comment. An opportunity
for written comment of at least ten days’
length will be provided on a request for
extension. The project sponsor will be
afforded an opportunity to respond in
writing to the comments received. A
public hearing will be provided if three
or more Commission members ask the
Executive Director in writing to
schedule one or vote during a public
meeting of the Commission to provide
one.
(5) Administrative continuance. A
docket that is the subject of a request for
extension under paragraph (a) of this
section filed at least 90 days before the
docket’s expiration shall be
administratively continued pending the
Commission’s final action on the
request in the event that such action
occurs after the otherwise effective date
of termination under this section.
(6) Extensions no longer needed. If the
activities authorized by a docket are
limited to construction activities, an
extension is no longer required once
construction is complete; however, the
expiration of the docket, including any
approved extension, does not eliminate
ongoing docket obligations expressly
identified as such in the docket
approval.
(b) Re-application (material change).
If the Commission determines that the
project sponsor has failed to
demonstrate that no material changes to
the project as approved are proposed
and that the other criteria listed in
paragraph (a)(1) of this section are
satisfied, the project sponsor must apply
for renewal and any necessary
modification of its approval in
accordance with the customary
application procedure for any docket
renewal or approval.
(c) Automatic termination of
application. Any application that
remains dormant (no proof of active
pursuit of approvals) for a period of
three years from date of receipt, shall be
automatically terminated without
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
further action of the Commission. Any
renewed activity following that date
will require submission of a new
application.
■ 8. In § 401.42, revise paragraph (e) to
read as follows:
§ 401.42
One Permit Program.
*
*
*
*
*
(e) Comprehensive Plan projects.
Articles 11 and 13 of the Compact
require certain projects to be included
in the Comprehensive Plan. To add a
project not yet included in the
Comprehensive Plan, the project
sponsor shall submit a separate
application to the Commission. If
following its review and public hearing
the Commission approves the addition
of the project to the Comprehensive
Plan, the Commission’s approval will
include such project requirements as are
necessary under the Compact and this
part. All other project approvals that
may be required from the Signatory
Party Agency or the Commission under
regulatory programs administered
pursuant to this section may be issued
through the One Permit Program. An
application for renewal or modification
of a project in the Comprehensive Plan
that does not materially change the
project may be submitted only to the
Signatory Party Agency unless
otherwise specified in the
Administrative Agreement.
*
*
*
*
*
■ 9. In § 401.43:
■ a. Revise paragraphs (b)(1)(ii) and
(b)(4)(ii) through (iv); and
■ b. In paragraph (e), in table 3, remove
the entries for ‘‘Name change’’ and
‘‘Change of Ownership’’ and add an
entry at the end of the table for ‘‘Name
Change or Change of Ownership’’ in
their place.
The revisions and addition read as
follows:
§ 401.43
Regulatory program fees.
*
*
*
*
*
(b) * * *
(1) * * *
(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 materially
changed from the project as described in
E:\FR\FM\20JNR1.SGM
20JNR1
Federal Register / Vol. 89, No. 119 / Thursday, June 20, 2024 / Rules and Regulations
the Plan shall be deemed to be a new
and different project for purposes of this
section.
*
*
*
*
*
(4) * * *
(ii) Late filed renewal application.
Any renewal application submitted
fewer than 180 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, any material change to the
project as approved shall require an
additional application and
accompanying fee. Such fee shall be
calculated in accordance with paragraph
(e) of this section and may be subject to
an alternative review fee in accordance
with paragraph (b)(3) of this section.
51827
(iv) Name change or change of
ownership. Each project with a docket
or permit issued by the DRBC will be
charged an administrative fee as set
forth in paragraph (e) of this section if
it undergoes a change in name or a
‘‘change in ownership’’ as that term is
defined at § 420.31(e)(2) of this
subchapter.
*
*
*
*
*
(e) * * *
TABLE 3 TO § 401.43—ADDITIONAL FEES
Proposed action
*
*
*
*
*
Name Change or Change of Ownership .................................................................................................................
1 Subject
10. Remove the authority citation to
subpart H.
■ 11. In § 401.103, revise paragraph (a)
to read as follows:
■
Request for existing records.
(a) Any written request to the
Commission for existing records not
prepared for routine distribution to the
public shall be deemed to be a request
for records pursuant to the provisions of
this part, whether or not the provisions
of this part are mentioned in the
request, and shall be governed by the
provisions of this part.
*
*
*
*
*
■ 12. Revise § 401.104 to read as
follows:
§ 401.104
Preparation of new records.
The provisions of this part apply only
to existing records that are reasonably
described in a request filed with the
Commission pursuant to the procedures
herein established. The Commission
shall not be required to prepare new
records in order to respond to a request
for information.
■ 13. In § 401.105, revise paragraph (b)
to read as follows:
§ 401.105
Indexes of certain records.
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
*
(b) A copy of each such index is
available at cost of duplication from the
Records Access Officer.
■ 14. Revise § 401.106 to read as
follows:
§ 401.106
Fee maximum
$1,917 1
*
........................
*
to annual adjustment in accordance with paragraph (c) of this section.
Subpart H—Public Access to Records
and Information
§ 401.103
Fee
Records Access Officer.
The Executive Director shall designate
a Commission employee as the Records
VerDate Sep<11>2014
16:26 Jun 18, 2024
Jkt 262001
Access Officer. The Records Access
Officer shall be responsible for
Commission compliance with the
provisions of this part. All requests for
agency records shall be sent to the
Records Access Officer in a manner
consistent with § 401.108(a).
■ 15. In § 401.108, revise paragraphs (a),
(b)(1), (c), and (d) to read as follows:
§ 401.108
Filing a request for records.
(a) All requests for Commission
records shall be submitted to the
Records Access Officer on such forms as
the Executive Director may prescribe,
which shall be available on the
Commission’s website, https://
www.drbc.gov, or by written request to
the Commission, 25 Cosey Road, West
Trenton, NJ 08628.
(b) * * *
(1) If the description is insufficient to
locate the records requested, the
Records Access Officer will so notify the
person making the request and indicate
the additional information needed to
identify the records requested.
*
*
*
*
*
(c) Upon receipt of a request for
records, the Records Access Officer
shall enter it in a public log (which
entry may consist of a copy of the
request). The log shall state the date and
time received, the name and address of
the person making the request, the
nature of the records requested, the
action taken on the request, the date of
the determination letter sent pursuant to
§ 401.109(b), the date(s) any records are
subsequently furnished, the number of
staff-hours and grade levels of persons
who spent time responding to the
request, and the payment requested and
received.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
(d) A denial of a request for records,
in whole or in part, shall be signed by
the Records Access Officer. The name
and title or position of each person who
participated in the denial of a request
for records shall be set forth in the letter
denying the request. This requirement
may be met by attaching a list of such
individuals to the letter.
■ 16. In § 401.109, revise paragraphs (a),
(b) introductory text, and (c) through (e)
to read as follows:
§ 401.109
Time limitations.
(a) All time limitations established
pursuant to this section shall begin as of
the time at which a request for records
is logged in by the Records Access
Officer pursuant to § 401.108(c). An oral
request for records shall not begin any
time requirement. A written request for
records sent elsewhere within the
Commission shall not begin any time
requirement until it is redirected to the
Records Access Officer and is logged in
accordance with § 401.108(c). A request
that is expected to involve fees in excess
of $50.00 will not be deemed received
until the requester is promptly notified
and agrees to bear the cost or has so
indicated on the initial request.
(b) Within 10 working days (excepting
Saturdays, Sundays, and legal public
holidays) after a request for records is
logged by the Records Access Officer,
the record shall be furnished or a letter
shall be sent to the person making the
request determining whether, or the
extent to which, the Commission will
comply with the request, and, if any
records are denied, the reasons therefor.
*
*
*
*
*
(c) If any record is denied, the letter
shall state the right of the person
requesting such records to appeal any
E:\FR\FM\20JNR1.SGM
20JNR1
51828
Federal Register / Vol. 89, No. 119 / Thursday, June 20, 2024 / Rules and Regulations
adverse determination to the Executive
Director of the Commission. Such an
appeal shall be filed within 30 days
from receipt of the Records Access
Officer’s determination denying the
requested information (where the entire
request has been denied), or from the
receipt of any information made
available pursuant to the request (where
the request has been denied in part).
Within 20 working days (excepting
Saturdays, Sundays, and legal public
holidays) after receipt of any appeal, or
any authorized extension, the Executive
Director or the Executive Director’s
designee shall make a determination
and notify the appellant of such
determination. If the appeal is decided
in favor of the appellant the requested
information shall be promptly supplied
as provided in this part. If on appeal the
denial of the request for records is
upheld in whole or in part, the
appellant shall be entitled to appeal to
the Commission at its regular meeting.
In the event that the Commission
confirms the Executive Director’s denial
the appellant shall be notified of the
provisions for judicial review.
(d) If the request for records will
result in a fee of more than $25,
determination letter under paragraph (b)
of this section shall specify or estimate
the fee involved and may require
prepayment, as well as payment of any
amount not yet received as a result of
any previous request, before the records
are made available. If the fee is less than
$25, prepayment shall not be required
unless payment has not yet been
received for records disclosed as a result
of a previous request.
(e) Whenever possible, the
determination letter required under
paragraph (b) of this section, relating to
a request for records that involves a fee
of less than $25.00, shall be
accompanied by the requested records.
Where this is not possible, the records
shall be forwarded as soon as possible
thereafter. For requests for records
involving a fee of more than $25.00, the
records shall be forwarded as soon as
possible after receipt of payment.
■ 17. In § 401.110, revise paragraphs
(a)(1)(i)(A) and (c) to read as follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 401.110
Fees.
(a) * * *
(1) * * *
(i) * * *
(A) Processing requests for records;
*
*
*
*
*
(c) Payment shall be made by check
or money order payable to ‘‘Delaware
River Basin Commission’’ and shall be
sent to the Records Access Officer.
■ 18. Revise § 401.113 to read as
follows:
VerDate Sep<11>2014
16:26 Jun 18, 2024
Jkt 262001
§ 401.113
Segregable materials.
Any reasonably segregable portion of
a record shall be provided to any person
requesting such record after deletion of
the portions which are exempt under
this part, except as provided in
§ 401.102.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–0473]
■
19. Revise § 401.115 to read as
follows:
Safety Zone; Kemah Fireworks; Sector
Houston-Galveston Captain of the Port
§ 401.115 Discretionary disclosure by the
Executive Director.
AGENCY:
(a) The Executive Director may
exercise discretion to disclose part or all
of any Commission record that is
otherwise exempt from disclosure
pursuant to this part whenever the
Executive Director determines that such
disclosure is in the public interest, will
promote the objectives of the
Commission, and is consistent with the
rights of individuals to privacy, the
property rights of persons in trade
secrets, and the need for the
Commission to promote frank internal
policy deliberations and to pursue its
regulatory activities without disruption.
(b) Discretionary disclosure of a
record pursuant to this section shall
invoke the requirement that the record
shall be disclosed to any person who
requests it pursuant to § 401.108, but
shall not set a precedent for
discretionary disclosure of any similar
or related record and shall not obligate
the Executive Director to disclose any
other record that is exempt from
disclosure.
Subpart I—General Provisions
20. In § 401.121, redesignate
paragraph (e) as paragraph (f) and add
new paragraph (e) to read as follows:
■
§ 401.121
Definitions.
*
*
*
*
*
(e) Material change shall mean a
change to a project previously approved
by the Commission that is important in
determining whether the project would
substantially impair or conflict with the
Commission’s comprehensive plan.
*
*
*
*
*
Dated: June 11, 2024.
Pamela M. Bush,
Commission Secretary/Assistant General
Counsel.
[FR Doc. 2024–13308 Filed 6–18–24; 8:45 am]
BILLING CODE 6360–01–P
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Coast Guard, DHS.
Notification of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
safety zone regulations for the Kemah
Board Walk Summer Season Fireworks
Display every Friday night in June and
July 2024, and Thursday, July 4, 2024,
to provide for the safety of life on
navigable waterways during the events.
Our regulation for marine events within
the Eighth Coast Guard District
identifies the regulated area for the
events in Clear Lake, TX. During the
enforcement periods, the operator of any
vessel in the regulated area must
comply with directions from the
Captain of the Port or designated
representative.
SUMMARY:
The regulation in 33 CFR
165.801, Table 3, line 3, will be
enforced from sunset until midnight
every Friday in June and July 2024, and
Thursday, July 4, 2024.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email LTJG Jack Brunswick, Sector
Houston/Galveston Waterways
Management Division, U.S. Coast
Guard; telephone 713–398–5823, email
houstonwwm@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in 33
CFR 165.801, Table 3, line 3, for the
Kemah Board Walk Summer Season
Fireworks Display from sunset until
midnight each Friday in June and July
2024, and on Thursday, July 4, 2024.
This action is being taken to provide for
the safety of life on navigable waterways
during this weekly event. Our regulation
for marine events within the Eighth
Coast Guard District specifies the
location of the regulated area for the
Kemah Board Walk Summer Season
Fireworks which encompasses portions
of the Clear Creek Channel centered
around the firework barges and
boardwalk. During the enforcement
periods, as reflected in § 165.801(a)
through (c), entry into this zone is
prohibited unless authorized by the
Captain of the Port or a designated
representative. All persons and vessels
shall comply with the instructions of
DATES:
E:\FR\FM\20JNR1.SGM
20JNR1
]]>Agencies
[Federal Register Volume 89, Number 119 (Thursday, June 20, 2024)]
[Rules and Regulations]
[Pages 51823-51828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13308]
=======================================================================
-----------------------------------------------------------------------
DELAWARE RIVER BASIN COMMISSION
18 CFR Part 401
Rules of Practice and Procedure
AGENCY: Delaware River Basin Commission.
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Delaware River Basin Commission is amending its Rules of
Practice and Procedure to: resolve ambiguities around the automatic
termination of project approvals issued by the Commission and make
conforming amendments to related provisions as appropriate; update the
Commission's Water Resources Program and Project Review procedures to
better conform them to current practice; remove incorrect references to
the Federal Freedom of Information Act in the Commission's regulations
providing for access to public records; align pronouns with the
Commission's policies regarding diversity, inclusion, and belonging;
and correct certain cross-references.
DATES: This final rule is effective July 22, 2024.
FOR FURTHER INFORMATION CONTACT: Pamela M. Bush, Esquire, Commission
Secretary and Assistant General Counsel, at [email protected]
(preferred) or 609-477-7203.
[[Page 51824]]
SUPPLEMENTARY INFORMATION: The Delaware River Basin Commission
(``DRBC'' or ``Commission'') is a Federal-interstate compact agency
formed by the enactment of concurrent legislation by four states and
the United States in 1961 \1\ to manage the water resources of the
Delaware River Basin (the ``Basin'') without regard to political
boundaries. The Commission's members are, ex officio, the governors of
the states of Delaware, New Jersey, New York, and Pennsylvania, and the
Division Engineer of the U.S. Army Corps of Engineers North Atlantic
Division, who represents the United States.
---------------------------------------------------------------------------
\1\ United States Public Law 87-328, Approved Sept. 27, 1961, 75
Statutes at Large 688; 53 Delaware Laws, Ch. 71, Approved May 26,
1961; New Jersey Laws of 1961, Ch. 13, Approved May 1, 1961; New
York Laws of 1961, Ch. 148, Approved March 17, 1961; Pennsylvania
Acts of 1961, Act. No. 268, Approved July 7, 1961.
---------------------------------------------------------------------------
Background
The Commission's Rules of Practice and Procedure (``RPP''),
comprising part 401 of title 18 of the Code of Federal Regulations,
govern the adoption and revision of the Commission's Comprehensive Plan
and Water Resources Program, exercise of the Commission's authority
pursuant to the provisions of Article 3.8 of the Delaware River Basin
Compact (the ``Compact''), and other actions of the Commission mandated
or authorized by the Compact, including but not limited to the
administration of public access to records and information in the
Commission's possession.
On September 28, 2023, the Commission published a proposed rule (88
FR 66722) to amend the RPP to: resolve ambiguities around the automatic
termination of project approvals issued by the Commission and make
conforming amendments to related provisions as appropriate; update the
Commission's Water Resources Program and Project Review procedures to
better conform them to current practice; remove incorrect references to
the Federal Freedom of Information Act in the Commission's regulations
providing for access to public records; and align pronouns with the
Commission's policies regarding diversity, inclusion, and belonging. A
notice of the proposed amendments appeared in the Delaware Register of
Regulations, 27 Del. Reg. 196, 206, on October 1, 2023, the New Jersey
Register, 55 N.J.R. 2179(a), on October 16, 2023, the New York
Register, 45 N.Y. Reg. 9, on October 11, 2023, and the Pennsylvania
Bulletin, 53 Pa. B. 6698, on October 28, 2023.
Opportunity for public input on the proposed rules was provided
during a comment period that ran from September 28, 2023, through
November 30, 2023. In addition to soliciting written comments, the
Commission accepted oral comment at two hearings conducted via Zoom and
telephone. The Commission received a total of 209 public comment
submissions, consisting of 199 written submissions and ten oral
comments. The submissions typically consisted of a set of comments from
a single individual or organization, and they typically addressed more
than one aspect or provision of the proposed amendments. In many
instances, a single submission included a set of comments by two or
more individuals or organizations. Some submissions consisted of
petitions or a set of comments with multiple signers. Similar or
identical comments were in many instances submitted by individual
commenters using form letters or template language provided by others.
Commenters were not limited to a single submission, and some commenters
offered two or more submissions. The ``199'' figure represents the
number of individual written submissions the Commission received during
the comment period without regard to the number of comments within a
submission, the number of signers on a single submission, or the number
of individuals making a joint submission.
The Commission reviewed all comments and supporting material it
received during the comment period. The staff, in consultation with the
Commissioners, prepared a Comment and Response Document summarizing the
comments on the proposed rule and setting forth the Commission's
responses and revisions in detail. By Resolution No. 2024--06 on June
5, 2024, the Commission adopted the Comment and Response Document
simultaneously with its adoption of the final rule.
Changes From the Proposed Rule
The final rule differs from the proposed in the following respects:
Action on request for extension. The final rule provides that the
Commissioners, not the Executive Director, will approve or deny all
requests for extended or renewed approval under amended Sec. 401.41(a)
and (b), respectively. In conjunction with this change, rather than
establishing a prescribed extension term of five years, as originally
proposed, the final rule at Sec. 401.41(a) provides for the
Commissioners to grant an extension of up to five years.
Eligibility for extension. Under the final rule, to qualify for
extension of a docket approval that would otherwise expire under Sec.
401.41, in addition to demonstrating that approved activities, site
conditions, and the Comprehensive Plan have not materially changed, the
docket holder (project sponsor) will be required to demonstrate that it
is diligently pursuing the project, which can be shown through its
planning, construction or project operational activities, its project
expenditures, its efforts to secure government approvals necessary for
the project, or its active participation in appeals of government
decisions on its applications for government approvals.
The docket holder will not be required to demonstrate that it has
expended a fixed, minimum dollar amount, a proposal to which commenters
objected. Nor will the docket holder be obligated to show that it has
expended a substantial sum in relation to the project cost, as the rule
originally provided, or that it has expended a fixed percentage
representing a substantial sum in relation to the total cost of the
project, as some commenters proposed. In the Commission's view, those
approaches are impracticable where the project costs consist primarily
of construction costs, and where the sponsor could not lawfully or
reasonably commence construction because all final approvals have not
been secured.
Public process. In accordance with the final rule, the Commission
will publish notice that it has received a request for a docket
extension under Sec. 401.41(a) and provide an opportunity for written
comment of at least ten days' length on whether the docket holder has
demonstrated all elements requisite for an extension--i.e., that the
approved activities, site conditions, and Comprehensive Plan have not
materially changed, and that the project sponsor has diligently pursued
the project in reliance on the Commission's approval. The project
sponsor will be afforded an opportunity to respond to the comments
received but will not be obligated to do so. The Commission will
provide notice at least ten days prior to the date of a business
meeting at which the Commissioners consider action on a request
pursuant to Sec. 401.41(a).
Public hearing. The final rule provides that a public hearing on a
request for a docket extension under Sec. 401.41(a) will be held if
three or more Commission members request such a hearing in writing to
the Executive Director or by vote at a public meeting.
Administrative continuance. Under the final rule, a docket that is
the subject
[[Page 51825]]
of a request for extension under Sec. 401.41(a) filed at least 90 days
before the docket's expiration will be administratively continued
pending final Commission action on the request in the event that such
action occurs after the otherwise effective date of termination.
Construction complete. The final rule clarifies that if the
activities authorized by the Commission's docket are limited to
construction activities, an extension in accordance with Sec.
401.41(a) is no longer required once construction is complete. Because
some dockets issued for construction activities impose ongoing
obligations on docket holders, the final rule further clarifies that
the expiration of the docket, including any approved extension, does
not eliminate ongoing docket obligations expressly identified as such
in the docket approval.
Language of final Sec. 401.41(b). The final language adopted for
Sec. 401.41(b) has been modified from the originally proposed language
to more accurately reflect that the burden is on the docket holder to
demonstrate eligibility for an extension under Sec. 401.41(a).
Process for re-application. Under the final rule, if a request for
extension under Sec. 401.41(a) is denied, and the project sponsor
wishes to apply for renewal of its docket approval under paragraph (b),
the project sponsor must do so by a date to be established by the
Commission. In this situation, the docket approval is not thereafter
administratively continued automatically. However, the Commission may,
in its discretion, administratively extend the docket approval in whole
or in part for a period ending on or before the date on which the
Commission renders a final decision on the sponsor's renewal
application.
Correcting Amendments
On October 8, 1987, the Commission redesignated portions of the
Rules of Practice and Procedure (52 FR 37602). The final rule that
contained the redesignation inadvertently failed to update certain
cross-references affected by the redesignation. This final rule
corrects those cross-references. The affected provisions are 18 CFR
401.108(c), 401.109(a), (d), and (e), 401.113, and 401.115(b).
Additional Materials
Additional materials can be found on the Commission's website at:
https://www.nj.gov/drbc/about/regulations/finalrule_RPPamendments.html.
These include links to Resolution No. 2024--06 of June 5, 2024 adopting
the final rule and incorporating a clean copy of the rule text; the
Commission's Comment and Response Document; a mark-up comparing the
final to the proposed rule text; a mark-up comparing the final to the
former rule text; and copies of the comments received.
The Commission's notice of proposed rulemaking and proposed rule
text can be found on the Commission's website at: https://www.nj.gov/drbc/meetings/proposed/notice_RPP_amendments.html.
List of Subjects in 18 CFR Part 401
Administrative practice and procedure, Archives and records, Water
resources.
For the reasons set forth in the preamble, the Delaware River Basin
Commission amends 18 CFR chapter III as follows:
PART 401--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 401 continues to read as follows:
Authority: Delaware River Basin Compact (75 Stat. 688) unless
otherwise noted.
Subpart A--Comprehensive Plan
0
2. In Sec. 401.8, revise paragraph (a) to read as follows:
Sec. 401.8 Public projects under Article 11 of the Compact.
(a) After a project of any Federal, State, or local agency has been
included in the Comprehensive Plan, no further action will be required
by the Commission or by the agency to satisfy the requirements of
Article 11 of the Compact, except as the Comprehensive Plan may be
amended or revised pursuant to the Compact and this part. Any project
which is materially changed from the project as described in the
Comprehensive Plan will be deemed to be a new and different project for
the purposes of Article 11 of the Compact. Whenever a change is made
the sponsor shall advise the Executive Director, who will determine
whether the change is deemed a material change within the meaning of
this part.
* * * * *
Subpart B--Water Resources Program
0
3. Revise Sec. Sec. 401.22 and 401.23 to read as follows:
Sec. 401.22 Concept of the program.
The Water Resources Program, as defined and described in section
13.2 of the Compact, will be a reasonably detailed amplification of
that part of the Comprehensive Plan which the Commission recommends for
action. That part of the Program consisting of a presentation of the
water resource needs of the Basin will be revised only at such
intervals as may be indicated to reflect new findings and conclusions,
based upon the Commission's continuing planning programs.
Sec. 401.23 Procedure.
The Water Resources Program will be prepared and considered by the
Commission for adoption annually. Projects included in the Water
Resources Program shall have been previously included in the
Comprehensive Plan, except that a project may be added to both the Plan
and the Program by concurrent action of the Commission. In such
instances, the project's sponsor shall furnish the information listed
in Sec. 401.4(b) prior to the inclusion of the project in the
Comprehensive Plan and Water Resources Program.
Sec. Sec. 401.24 through 401.26 [Removed]
0
4. Remove Sec. Sec. 401.24 through 401.26.
Subpart C--Project Review Under Section 3.8 of the Compact
0
5. In Sec. 401.38, revise the introductory text to read as follows:
Sec. 401.38 Form of referral by State or Federal agency.
Upon receipt of an application by any State or Federal agency for
any project reviewable by the Commission under this part, if the
project has not prior thereto been reviewed and approved by the
Commission, such agency shall refer the project for review under
section 3.8 of the Compact in such form and manner as shall be provided
by Administrative Agreement.
* * * * *
0
6. Revise Sec. 401.39 to read as follows:
Sec. 401.39 Form of submission of projects.
(a) Submission constituting application. Where a project is subject
to review under section 3.8 of the Compact, the submission shall be in
accordance with such form of application as the Executive Director may
prescribe and with such supporting documentation as the Executive
Director may reasonably require for the administration of the
provisions of the Compact. An application shall be deemed complete and
the Commission's review of the application may commence upon submission
of the completed form in accordance with paragraph (b) of this section,
and payment of the applicable fee as set forth in Sec. 401.43 together
with all
[[Page 51826]]
balances due the Commission, if any, by the applicant or any member of
its corporate structure, for unpaid fees, penalties, or interest.
(b) Submission of applications. Application forms and accompanying
submissions shall be filed in accordance with the filing instructions
included on the application form.
(c) Availability of forms. Any person may obtain a copy of any form
prescribed for use in paragraph (a) of this section on the Commission's
website, https://www.drbc.gov.
0
7. Revise Sec. 401.41 to read as follows:
Sec. 401.41 Limitation of approval; dormant applications.
(a) Extension (no material change)--(1) Term of approval; extension
request. For any Commission approval not assigned an expiration date,
the Commission's approval shall expire five years from the approval
date unless prior thereto the Commission extends the approval for an
additional period of up to five years, based upon a written request
from the project sponsor accompanied by supporting documentation
demonstrating that the following criteria have been met:
(i) No material changes to the project as approved are proposed;
(ii) The condition of the project site has not changed in a manner
important to determining whether the project would substantially impair
or conflict with the Commission's Comprehensive Plan;
(iii) The Commission's Comprehensive Plan has not changed in a
manner important to determining whether the project would substantially
impair or conflict with the Comprehensive Plan; and
(iv) The project sponsor is diligently pursuing the project as
shown by its planning, construction or project operational activities,
its project expenditures, its efforts to secure government approvals
necessary for the project, or its active participation in appeals of
government decisions on its applications for government approvals. The
project sponsor is not required by this paragraph (a)(1)(iv) to conduct
activities that it is not legally authorized to conduct or that it
demonstrates would be unreasonable for it to conduct before obtaining
all necessary final government approvals.
(2) Denial of extension request. Otherwise, the extension request
shall be denied, and the project sponsor may apply for renewal of its
approval under paragraph (b) of this section by a date to be
established by the Commission. If the Commission denies the request for
an extension pursuant to this section, the docket approval shall not be
administratively continued automatically pursuant to paragraph (a)(5)
of this section. The Commission may, however, in its discretion,
administratively extend the docket approval in whole or in part for a
period ending on or before the date on which the Commission renders a
final decision on the sponsor's re-application under paragraph (b) of
this section.
(3) Public notice. The Commission will publish notice of receipt of
a request for extension under this paragraph (a) and will provide
notice at least ten days prior to the date of a business meeting at
which the Commissioners may act on such request.
(4) Public comment. An opportunity for written comment of at least
ten days' length will be provided on a request for extension. The
project sponsor will be afforded an opportunity to respond in writing
to the comments received. A public hearing will be provided if three or
more Commission members ask the Executive Director in writing to
schedule one or vote during a public meeting of the Commission to
provide one.
(5) Administrative continuance. A docket that is the subject of a
request for extension under paragraph (a) of this section filed at
least 90 days before the docket's expiration shall be administratively
continued pending the Commission's final action on the request in the
event that such action occurs after the otherwise effective date of
termination under this section.
(6) Extensions no longer needed. If the activities authorized by a
docket are limited to construction activities, an extension is no
longer required once construction is complete; however, the expiration
of the docket, including any approved extension, does not eliminate
ongoing docket obligations expressly identified as such in the docket
approval.
(b) Re-application (material change). If the Commission determines
that the project sponsor has failed to demonstrate that no material
changes to the project as approved are proposed and that the other
criteria listed in paragraph (a)(1) of this section are satisfied, the
project sponsor must apply for renewal and any necessary modification
of its approval in accordance with the customary application procedure
for any docket renewal or approval.
(c) Automatic termination of application. Any application that
remains dormant (no proof of active pursuit of approvals) for a period
of three years from date of receipt, shall be automatically terminated
without further action of the Commission. Any renewed activity
following that date will require submission of a new application.
0
8. In Sec. 401.42, revise paragraph (e) to read as follows:
Sec. 401.42 One Permit Program.
* * * * *
(e) Comprehensive Plan projects. Articles 11 and 13 of the Compact
require certain projects to be included in the Comprehensive Plan. To
add a project not yet included in the Comprehensive Plan, the project
sponsor shall submit a separate application to the Commission. If
following its review and public hearing the Commission approves the
addition of the project to the Comprehensive Plan, the Commission's
approval will include such project requirements as are necessary under
the Compact and this part. All other project approvals that may be
required from the Signatory Party Agency or the Commission under
regulatory programs administered pursuant to this section may be issued
through the One Permit Program. An application for renewal or
modification of a project in the Comprehensive Plan that does not
materially change the project may be submitted only to the Signatory
Party Agency unless otherwise specified in the Administrative
Agreement.
* * * * *
0
9. In Sec. 401.43:
0
a. Revise paragraphs (b)(1)(ii) and (b)(4)(ii) through (iv); and
0
b. In paragraph (e), in table 3, remove the entries for ``Name change''
and ``Change of Ownership'' and add an entry at the end of the table
for ``Name Change or Change of Ownership'' in their place.
The revisions and addition read as follows:
Sec. 401.43 Regulatory program fees.
* * * * *
(b) * * *
(1) * * *
(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 materially changed from the
project as described in
[[Page 51827]]
the Plan shall be deemed to be a new and different project for purposes
of this section.
* * * * *
(4) * * *
(ii) Late filed renewal application. Any renewal application
submitted fewer than 180 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, any material change to the project as approved shall
require an additional application and accompanying fee. Such fee shall
be calculated in accordance with paragraph (e) of this section and may
be subject to an alternative review fee in accordance with paragraph
(b)(3) of this section.
(iv) Name change or change of ownership. Each project with a docket
or permit issued by the DRBC will be charged an administrative fee as
set forth in paragraph (e) of this section if it undergoes a change in
name or a ``change in ownership'' as that term is defined at Sec.
420.31(e)(2) of this subchapter.
* * * * *
(e) * * *
Table 3 to Sec. 401.43--Additional Fees
------------------------------------------------------------------------
Proposed action Fee Fee maximum
------------------------------------------------------------------------
* * * * * * *
Name Change or Change of Ownership.... $1,917 \1\ ...............
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
this section.
Subpart H--Public Access to Records and Information
0
10. Remove the authority citation to subpart H.
0
11. In Sec. 401.103, revise paragraph (a) to read as follows:
Sec. 401.103 Request for existing records.
(a) Any written request to the Commission for existing records not
prepared for routine distribution to the public shall be deemed to be a
request for records pursuant to the provisions of this part, whether or
not the provisions of this part are mentioned in the request, and shall
be governed by the provisions of this part.
* * * * *
0
12. Revise Sec. 401.104 to read as follows:
Sec. 401.104 Preparation of new records.
The provisions of this part apply only to existing records that are
reasonably described in a request filed with the Commission pursuant to
the procedures herein established. The Commission shall not be required
to prepare new records in order to respond to a request for
information.
0
13. In Sec. 401.105, revise paragraph (b) to read as follows:
Sec. 401.105 Indexes of certain records.
* * * * *
(b) A copy of each such index is available at cost of duplication
from the Records Access Officer.
0
14. Revise Sec. 401.106 to read as follows:
Sec. 401.106 Records Access Officer.
The Executive Director shall designate a Commission employee as the
Records Access Officer. The Records Access Officer shall be responsible
for Commission compliance with the provisions of this part. All
requests for agency records shall be sent to the Records Access Officer
in a manner consistent with Sec. 401.108(a).
0
15. In Sec. 401.108, revise paragraphs (a), (b)(1), (c), and (d) to
read as follows:
Sec. 401.108 Filing a request for records.
(a) All requests for Commission records shall be submitted to the
Records Access Officer on such forms as the Executive Director may
prescribe, which shall be available on the Commission's website,
https://www.drbc.gov, or by written request to the Commission, 25 Cosey
Road, West Trenton, NJ 08628.
(b) * * *
(1) If the description is insufficient to locate the records
requested, the Records Access Officer will so notify the person making
the request and indicate the additional information needed to identify
the records requested.
* * * * *
(c) Upon receipt of a request for records, the Records Access
Officer shall enter it in a public log (which entry may consist of a
copy of the request). The log shall state the date and time received,
the name and address of the person making the request, the nature of
the records requested, the action taken on the request, the date of the
determination letter sent pursuant to Sec. 401.109(b), the date(s) any
records are subsequently furnished, the number of staff-hours and grade
levels of persons who spent time responding to the request, and the
payment requested and received.
(d) A denial of a request for records, in whole or in part, shall
be signed by the Records Access Officer. The name and title or position
of each person who participated in the denial of a request for records
shall be set forth in the letter denying the request. This requirement
may be met by attaching a list of such individuals to the letter.
0
16. In Sec. 401.109, revise paragraphs (a), (b) introductory text, and
(c) through (e) to read as follows:
Sec. 401.109 Time limitations.
(a) All time limitations established pursuant to this section shall
begin as of the time at which a request for records is logged in by the
Records Access Officer pursuant to Sec. 401.108(c). An oral request
for records shall not begin any time requirement. A written request for
records sent elsewhere within the Commission shall not begin any time
requirement until it is redirected to the Records Access Officer and is
logged in accordance with Sec. 401.108(c). A request that is expected
to involve fees in excess of $50.00 will not be deemed received until
the requester is promptly notified and agrees to bear the cost or has
so indicated on the initial request.
(b) Within 10 working days (excepting Saturdays, Sundays, and legal
public holidays) after a request for records is logged by the Records
Access Officer, the record shall be furnished or a letter shall be sent
to the person making the request determining whether, or the extent to
which, the Commission will comply with the request, and, if any records
are denied, the reasons therefor.
* * * * *
(c) If any record is denied, the letter shall state the right of
the person requesting such records to appeal any
[[Page 51828]]
adverse determination to the Executive Director of the Commission. Such
an appeal shall be filed within 30 days from receipt of the Records
Access Officer's determination denying the requested information (where
the entire request has been denied), or from the receipt of any
information made available pursuant to the request (where the request
has been denied in part). Within 20 working days (excepting Saturdays,
Sundays, and legal public holidays) after receipt of any appeal, or any
authorized extension, the Executive Director or the Executive
Director's designee shall make a determination and notify the appellant
of such determination. If the appeal is decided in favor of the
appellant the requested information shall be promptly supplied as
provided in this part. If on appeal the denial of the request for
records is upheld in whole or in part, the appellant shall be entitled
to appeal to the Commission at its regular meeting. In the event that
the Commission confirms the Executive Director's denial the appellant
shall be notified of the provisions for judicial review.
(d) If the request for records will result in a fee of more than
$25, determination letter under paragraph (b) of this section shall
specify or estimate the fee involved and may require prepayment, as
well as payment of any amount not yet received as a result of any
previous request, before the records are made available. If the fee is
less than $25, prepayment shall not be required unless payment has not
yet been received for records disclosed as a result of a previous
request.
(e) Whenever possible, the determination letter required under
paragraph (b) of this section, relating to a request for records that
involves a fee of less than $25.00, shall be accompanied by the
requested records. Where this is not possible, the records shall be
forwarded as soon as possible thereafter. For requests for records
involving a fee of more than $25.00, the records shall be forwarded as
soon as possible after receipt of payment.
0
17. In Sec. 401.110, revise paragraphs (a)(1)(i)(A) and (c) to read as
follows:
Sec. 401.110 Fees.
(a) * * *
(1) * * *
(i) * * *
(A) Processing requests for records;
* * * * *
(c) Payment shall be made by check or money order payable to
``Delaware River Basin Commission'' and shall be sent to the Records
Access Officer.
0
18. Revise Sec. 401.113 to read as follows:
Sec. 401.113 Segregable materials.
Any reasonably segregable portion of a record shall be provided to
any person requesting such record after deletion of the portions which
are exempt under this part, except as provided in Sec. 401.102.
0
19. Revise Sec. 401.115 to read as follows:
Sec. 401.115 Discretionary disclosure by the Executive Director.
(a) The Executive Director may exercise discretion to disclose part
or all of any Commission record that is otherwise exempt from
disclosure pursuant to this part whenever the Executive Director
determines that such disclosure is in the public interest, will promote
the objectives of the Commission, and is consistent with the rights of
individuals to privacy, the property rights of persons in trade
secrets, and the need for the Commission to promote frank internal
policy deliberations and to pursue its regulatory activities without
disruption.
(b) Discretionary disclosure of a record pursuant to this section
shall invoke the requirement that the record shall be disclosed to any
person who requests it pursuant to Sec. 401.108, but shall not set a
precedent for discretionary disclosure of any similar or related record
and shall not obligate the Executive Director to disclose any other
record that is exempt from disclosure.
Subpart I--General Provisions
0
20. In Sec. 401.121, redesignate paragraph (e) as paragraph (f) and
add new paragraph (e) to read as follows:
Sec. 401.121 Definitions.
* * * * *
(e) Material change shall mean a change to a project previously
approved by the Commission that is important in determining whether the
project would substantially impair or conflict with the Commission's
comprehensive plan.
* * * * *
Dated: June 11, 2024.
Pamela M. Bush,
Commission Secretary/Assistant General Counsel.
[FR Doc. 2024-13308 Filed 6-18-24; 8:45 am]
BILLING CODE 6360-01-P
