81_FR_35769 81 FR 35662 - Rules of Practice and Procedure Concerning Regulatory Program Fees and Basin Regulations-Water Supply Charges Concerning Rates

81 FR 35662 - Rules of Practice and Procedure Concerning Regulatory Program Fees and Basin Regulations-Water Supply Charges Concerning Rates

DELAWARE RIVER BASIN COMMISSION

Federal Register Volume 81, Issue 107 (June 3, 2016)

Page Range35662-35665
FR Document2016-13012

The Commission is proposing amendments to the Rules of Practice and Procedure to adopt a new project review fee structure and to the Basin Regulations--Water Supply Charges to provide for automatic inflation adjustments. These changes also are proposed to be incorporated into the Commission's Comprehensive Plan.

Federal Register, Volume 81 Issue 107 (Friday, June 3, 2016)
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Proposed Rules]
[Pages 35662-35665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13012]


=======================================================================
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DELAWARE RIVER BASIN COMMISSION

18 CFR Parts 401 and 420


Rules of Practice and Procedure Concerning Regulatory Program 
Fees and Basin Regulations--Water Supply Charges Concerning Rates

AGENCY: Delaware River Basin Commission.

ACTION: Proposed rule; notice of public hearing.

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

SUMMARY: The Commission is proposing amendments to the Rules of 
Practice and Procedure to adopt a new project review fee structure and 
to the Basin Regulations--Water Supply Charges to provide for automatic 
inflation adjustments. These changes also are proposed to be 
incorporated into the Commission's Comprehensive Plan.

DATES: The Commission will hold a public hearing at 1 p.m. on 
Wednesday, July 27, 2016. The hearing will continue until all those 
wishing to testify have had an opportunity to do so. Written comments 
will be accepted and must be received by 5 p.m. on Friday, August 12, 
2016.

ADDRESSES: The public hearing will be held in the Goddard Conference 
Room at the Commission's office building located at 25 State Police 
Drive, West Trenton, NJ. As Internet mapping tools are inaccurate for 
this location, please use the driving directions posted on the 
Commission's Web site.
    Oral Testimony and Written Comments: Persons wishing to testify at 
the hearing are asked to register in advance by phoning Paula Schmitt 
at 609-883-9500, ext. 224. Written comments may be submitted as 
follows: If by email, to [email protected]; if by fax, to 
Commission Secretary at 609-883-9522; if by U.S. Mail, to Commission 
Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628-0360; and if by 
overnight mail, to Commission Secretary, DRBC, 25 State Police Drive, 
West Trenton, NJ 08628-0360. Comments also may be delivered by hand at 
any time during the Commission's regular office hours (Monday through 
Friday, 8:30 a.m. through 5:00 p.m. except on national holidays) until 
the close of the comment period at 5:00 p.m. on Friday, August 12, 
2016. In all cases, please include the commenter's name, address and 
affiliation, if any, in the comment document and ``Fees Rulemaking'' in 
the subject line.

FOR FURTHER INFORMATION CONTACT: An FAQ document explaining this 
proposal in further detail is available on the Commission's Web site, 
www.drbc.net. For queries about the rulemaking process, please contact 
Pamela Bush at 609-477-7203.

SUPPLEMENTARY INFORMATION: 
    Background. The Delaware River Basin Commission (``DRBC'' or 
``Commission'') is a Federal interstate compact agency charged with 
managing the water resources of the Delaware River Basin on a regional 
basis without regard to political boundaries. Its members are the 
governors of the four basin states--Delaware, New Jersey, New York and 
Pennsylvania--and the North Atlantic Division Commander of the U.S. 
Army Corps of Engineers, representing the federal government. DRBC is 
proposing a comprehensive revision of its project review fee structure, 
including an automatic annual indexed inflation adjustment for most 
fees. The inflation adjustment is also proposed for DRBC's water supply 
charges rates applicable to consumptive and non-consumptive surface 
water withdrawals.
    Current fees. DRBC's current project review fee structure was 
adopted by the Commission in 2009 by (uncodified) Resolution No. 2009-
2. For projects involving total costs of $250,000 or less, it consists 
of a flat project review fee of $1,000 for privately sponsored projects 
and $500 for publically sponsored projects. For projects with total 
costs greater than $250,000, DRBC's current project review fee is based 
upon a percentage of the costs of the project attributable to project 
components physically located within the basin, and is capped at 
$75,000. However, projects for which the review is exceptionally 
involved may be charged DRBC's actual costs, which may exceed $75,000. 
The current fee structure generates an uneven revenue stream that 
between 2011 and 2015 produced average annual revenues of $610,843. The 
Commission's total cost associated with

[[Page 35663]]

project reviews required by the Delaware River Basin Compact and DRBC 
regulations is estimated to equal $1.15 million annually. This estimate 
takes into consideration administrative cost savings expected to 
accompany implementation of the One Process/One Permit Program (also 
``One Process/One Permit''), recently authorized by the Commission 
through its adoption of the One Permit Program rule, 18 CFR 401.42.
    DRBC's water supply charges are used to pay debt service, annual 
operation and maintenance costs, and the costs of required 
improvements, repairs and replacements associated with water supply 
storage owned by the Commission in two reservoirs--Blue Marsh and 
Beltzville--located in Pennsylvania and operated by the U.S. Army Corps 
of Engineers. Water supply charges revenues also support DRBC 
activities related to water supply planning and operations. DRBC's 
current water supply charges rates, in effect since January 1, 2011, 
are $80 per million gallons for consumptive use and $.80 per million 
gallons for non-consumptive use. The previous rates, $60 per million 
gallons for consumptive use and $.60 per million gallons for non-
consumptive use, were adopted in 1978 and remained unchanged for more 
than 30 years. DRBC's water supply charges revenues have lagged 
significantly behind inflation.
    Proposed Changes. The proposed project review fee restructuring 
includes: For wastewater discharge projects, elimination of DRBC 
project review fees for applications that undergo coordinated review 
pursuant to the One Process/One Permit Program; and for water 
withdrawal projects, (1) for those projects for which DRBC continues to 
act as lead review agency, replacement of the current fee structure 
with fees based on monthly water allocation limits; and (2) for 
renewals subject to coordinated review under One Process/One Permit, 
elimination of the project review fee. DRBC is simultaneously proposing 
an annual coordination, monitoring and assessment fee for all water 
withdrawal and wastewater discharge projects subject to DRBC review and 
approval, including projects that receive permits from a signatory 
party agency under the One Process/One Permit Program. The annual fee 
will range from $300 to $1,000 per year, depending upon the permitted 
discharge capacity or monthly water allocation. The fee for DRBC's 
review of ``Other'' projects--those that involve no ongoing withdrawals 
or discharges--will continue to be calculated on the basis of project 
cost. The coordination, monitoring and assessment fee will not apply to 
such ``Other'' projects. An annual, indexed, automatic inflation 
adjustment is proposed for most project review fees.
    The proposed regulatory program fees structure is expected to 
provide a more predictable and sustainable source of revenues and to 
help close the annual gap of approximately $539,000 in funding to 
support DRBC's project review program.
    No increase is proposed to DRBC's current water supply charges 
rates, set forth at 18 CFR 420.41. However, an annual, indexed, 
automatic inflation adjustment is proposed, applicable to both the 
consumptive and non-consumptive use rates for surface water 
withdrawals.
    Additional information. An FAQ document explaining DRBC's fee 
restructuring proposal in greater detail is available on the 
Commission's Web site, www.drbc.net.

List of Subjects

18 CFR Part 401

    Administrative practice and procedure, Penalties, Water pollution 
control, Water resources.

18 CFR Part 420

    Water Supply.

    For the reasons set forth in the preamble, the Delaware River Basin 
Commission proposes to amend parts 401 and 420 of title 18 of the Code 
of Federal Regulations 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.

0
2. Add Sec.  401.43 to subpart C to read as follows:


Sec.  401.43  Regulatory program fees.

    (a) Purpose. The purpose of this section is to provide an adequate, 
stable and reliable stream of revenue to cover the cost of the 
Commission's regulatory program activities, an important means by which 
the Commission coordinates management of the shared water resources of 
the Basin. Activities to be covered by the fees include the review of 
applications for projects that are subject to review under the Delaware 
River Basin Compact and implementing regulations; and ongoing 
activities associated with such projects, including but not limited to, 
effluent and ambient monitoring, data analysis, hydrodynamic and water 
quality modeling, and coordination with state and federal agencies.
    (b) Types of fees. The following types of fees are established by 
this section:
    (1) Docket Application Fee. Except as set forth in paragraph 
(b)(1)(iii) of this section, the Docket Application Fee shall apply to:
    (i) Any project that, in accordance with the Delaware River Basin 
Compact and DRBC regulations, requires a Commission-issued docket or 
permit, whether it be a new or existing project for which the 
Commission has not yet issued an approval or a project for which the 
renewal of a previous Commission approval is required.
    (ii) Any project that in accordance with section 11 or section 13.1 
of the Delaware River Basin Compact and DRBC regulations must be added 
to the Comprehensive Plan (also, ``Plan''). In addition to any new 
project required to be included in the Plan, such projects include 
existing projects that in accordance with section 13.1 of the Compact 
are required to be included in the Plan and which were not previously 
added to the Plan. Any existing project that is changed substantially 
from the project as described in the Plan shall be deemed to be a new 
and different project for purposes of this section.
    (iii) Exemptions. The Docket Application Fee shall not apply to:
    (A) Any project for which the Signatory Party Agency serves as lead 
under the one permit program rule (Sec.  401.42), unless such project 
must be added by the Commission to the Comprehensive Plan.
    (B) Any project for which an agency, authority or commission of a 
signatory to the Compact is the primary sponsor. Projects sponsored by 
political subdivisions of the signatory states shall not be included in 
this exemption. For purposes of this section ``political subdivisions'' 
shall include without limitation municipalities, municipal utility 
authorities, municipal development corporations, and all other entities 
not directly under the budgetary and administrative control of the 
Commission's members.
    (2) Annual Monitoring and Coordination Fee. An Annual Monitoring 
and Coordination Fee shall apply to each withdrawal and/or discharge 
project for which a water allocation or wastewater discharge approval 
issued pursuant to the Compact and implementing regulations is in 
effect, regardless of whether the approval was issued by the Commission 
in the form of a docket, permit or other instrument, or by a Signatory 
Party Agency under the one permit program rule (Sec.  401.42). The fee 
shall be based on

[[Page 35664]]

the amount of a project's approved monthly water allocation and/or 
approved daily discharge capacity.
    (3) Alternative Review Fee. In instances where the Commission's 
activities and related costs associated with the review of an existing 
or proposed project are expected to involve extraordinary time and 
expense, an Alternative Review Fee equal to the Commission's actual 
costs may be imposed. The Executive Director shall inform the project 
sponsor in writing when the Alternative Review Fee is to be applied and 
may require advance payment in the amount of the Commission's projected 
costs. Instances in which the Alternative Review Fee may apply include, 
but are not limited to, matters in which:
    (i) DRBC staff perform a detailed pre-application review, including 
but not limited to the performance or review of modeling and/or 
analysis to identify target limits for wastewater discharges;
    (ii) DRBC staff perform or review complex modeling in connection 
with the design of a wastewater discharge diffuser system;
    (iii) DRBC manages a public process for which the degree of public 
involvement results in extraordinary effort and expense, including but 
not limited to, costs associated with multiple stakeholder meetings, 
special public hearings, and/or voluminous public comment.
    (iv) DRBC conducts or is required to engage third parties to 
conduct additional analyses or evaluations of a project in response to 
a court order.
    (4) Additional fees--(i) Emergency approval. A request for an 
emergency certificate under Sec.  401.40 to waive or amend a docket 
condition shall be subject to a minimum fee in accordance with 
paragraph (e) of this section. An Alternative Review Fee also may be 
charged in accordance with paragraph (b)(3) of this section.
    (ii) Late filed renewal application. Any renewal application 
submitted fewer than 120 calendar days in advance of the expiration 
date or after such other date specified in the docket or permit or 
letter of the Executive Director for filing a renewal application shall 
be subject to a Late Filed Renewal Application charge in excess of the 
otherwise applicable fee.
    (iii) Modification of a DRBC approval. Following Commission action 
on a project, each project revision or modification that the Executive 
Director deems substantial shall require an additional Docket 
Application Fee calculated in accordance with paragraph (e) of this 
section and subject to an Alternative Review Fee in accordance with 
paragraph (b)(3) of this section.
    (iv) Name change. Each project with a docket or permit issued by 
the DRBC or by a Signatory Party Agency pursuant to the one permit 
program rule (Sec.  401.42) will be charged an administrative fee as 
set forth in paragraph (e) of this section.
    (v) Change of ownership. Each project that undergoes a ``change in 
ownership'' as that term is defined at 18 CFR 420.31(e)(2) will be 
charged an administrative fee as set forth in paragraph (e) of this 
section.
    (c) Indexed adjustment. On July 1 of every year, beginning July 1, 
2017, all fees established by this section will increase commensurate 
with any increase in the annual April 12-month Consumer Price Index 
(CPI) for Philadelphia, published by the U.S. Bureau of Labor 
Statistics during that year.\1\ In any year in which the April 12-month 
CPI for Philadelphia declines or shows no change, the Docket 
Application Fee and Annual Monitoring and Coordination Fee will remain 
unchanged. Following any indexed adjustment made under this paragraph, 
a revised fee schedule will be posted on the Commission's Web site. 
Interested parties may also obtain the current fee schedule by 
contacting the Commission directly during business hours.
---------------------------------------------------------------------------

    \1\ Consumer Price Index--U/Series ID: CWURA102SA0/Not 
Seasonally Adjusted/Area: Philadelphia-Wilmington-Atlantic City, PA-
NJ-DE-MD/Item: All items/Base Period: 1982-84=100.
---------------------------------------------------------------------------

    (d) Late payment charge. When any fee established by this section 
remains unpaid 30 calendar days after the payment due date provided on 
the Commission's invoice, an incremental charge equal to 2% of the 
amount owed shall be automatically assessed. Such charge shall be 
assessed every 30 days thereafter until the total amount owed, 
including any late payment charges has been paid in full.
    (e) Fee schedules. The fees described in this section shall be as 
follows:

                      Docket Application Filing Fee
------------------------------------------------------------------------
                                  Docket application
          Project type                    fee             Fee maximum
------------------------------------------------------------------------
                                  $400 per million    Greater of:
                                   gallons/month of    $15,000 \1\ or
                                   allocation,\1\      Alternative
                                   not to exceed       Review Fee
                                   $15,000. \1\
Water Withdrawal................  Fee is doubled for
                                   any portion to be
                                   exported from the
                                   basin.
Wastewater Discharge............  Private projects:   Alternative Review
                                   $1,000 \1\ Public   Fee
                                   projects: $500
                                   \1\.
                                  0.4% of project     Greater of:
                                   cost up to          $75,000 \1\ or
                                   $10,000,000 plus    Alternative
                                   0.12% of project    Review Fee
                                   cost above.
Other...........................  $10,000,000 (if
                                   applicable), not
                                   to exceed
                                   $75,000. \1\
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
  this section.


                 Annual Monitoring and Coordination Fee
------------------------------------------------------------------------
                                      Annual fee           Allocation
------------------------------------------------------------------------
                                               \1\$300  <4.99 mgm.
                                                \1\450  5.00 to 49.99
                                                         mgm.
Water Withdrawal.............                   \1\650  50.00 to 499.99
                                                         mgm.
                                                \1\825  500.00 to
                                                         9,999.99 mgm.
                                             \1\1,000;  > or = to 10,000
                                                         mgm.
                                 Annual fee             Discharge design
                                                         capacity
                                                \1\300  <0.05 mgd.
Wastewater Discharge.........                   \1\610  0.05 to 1 mgd.

[[Page 35665]]

 
                                                \1\820  1 to 10 mgd.
                                              \1\1,000  >10 mgd.
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
  this section.


                             Additional Fees
------------------------------------------------------------------------
         Proposed action                  Fee             Fee maximum
------------------------------------------------------------------------
Emergency Approval Under 18 CFR   $5,000............  Alternative Review
 401.40.                                               Fee.
Late Filed Renewal Surcharge....  $2,000............
                                  At Executive        Alternative Review
                                   Director's          Fee.
                                   discretion,
                                   Docket
                                   Application Fee
                                   for the
                                   appropriate
                                   project type.
Modification of a DRBC Approval.
Name change.....................  $1,000, \1\
Change of Ownership.............  $1,500. \1\
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
  this section.

PART 420--BASIN REGULATIONS--WATER SUPPLY CHARGES

0
3. The authority citation for part 420 continues to read as follows:

    Authority:  Delaware River Basin Compact, 75 Stat. 688.
0
4. Revise Sec.  420.41 to read as follows:


Sec.  420.41  Schedule of water charges.

    The schedule of water charges established in accordance with Sec.  
420.22 shall be as follows:
    (a) $80 per million gallons for consumptive use, subject to 
paragraph (c) of this section; and
    (b) $0.80 per million gallons for non-consumptive use, subject to 
paragraph (c) of this section.
    (c) On July 1 of every year, beginning July 1, 2017, the rates 
established by this section will increase commensurate with any 
increase in the annual April 12-month Consumer Price Index (CPI) for 
Philadelphia, published by the U.S. Bureau of Labor Statistics during 
that year.\1\ In any year in which the April 12-month CPI for 
Philadelphia declines or shows no change, the water charges rates will 
remain unchanged. Following any indexed adjustment made under this 
paragraph, revised consumptive and non-consumptive use rates will be 
posted on the Commission's Web site. Interested parties may also obtain 
the current rates by contacting the Commission directly during business 
hours.
---------------------------------------------------------------------------

    \1\ Consumer Price Index--U/Series ID: CWURA102SA0/Not 
Seasonally Adjusted/Area: Philadelphia-Wilmington-Atlantic City, PA-
NJ-DE-MD/Item: All items/Base Period: 1982-84=100.

    Dated: May 26, 2016.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2016-13012 Filed 6-2-16; 8:45 am]
 BILLING CODE 6360-01-P



                                                    35662                        Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules

                                                    equivalent, passport number, financial                     collection of public comments to                     0360; and if by overnight mail, to
                                                    account number, or credit or debit card                    consider and use in this proceeding, as              Commission Secretary, DRBC, 25 State
                                                    number. You are also solely responsible                    appropriate. The Commission will                     Police Drive, West Trenton, NJ 08628–
                                                    for making sure that your comment does                     consider all timely and responsive                   0360. Comments also may be delivered
                                                    not include any sensitive health                           public comments that it receives on or               by hand at any time during the
                                                    information, such as medical records or                    before September 6, 2016. You can find               Commission’s regular office hours
                                                    other individually identifiable health                     more information, including routine                  (Monday through Friday, 8:30 a.m.
                                                    information. In addition, do not include                   uses permitted by the Privacy Act, in                through 5:00 p.m. except on national
                                                    any ‘‘[t]rade secret or any commercial or                  the Commission’s privacy policy, at                  holidays) until the close of the comment
                                                    financial information which is . . .                       http://www.ftc.gov/ftc/privacy.htm.                  period at 5:00 p.m. on Friday, August
                                                    privileged or confidential,’’ as discussed                   By direction of the Commission.                    12, 2016. In all cases, please include the
                                                    in section 6(f) of the FTC Act, 15 U.S.C.                                                                       commenter’s name, address and
                                                                                                               Donald S. Clark,
                                                    46(f), and FTC Rule 4.10(a)(2), 16 CFR                                                                          affiliation, if any, in the comment
                                                    4.10(a)(2). In particular, do not include                  Secretary.
                                                                                                                                                                    document and ‘‘Fees Rulemaking’’ in
                                                    competitively sensitive information                        [FR Doc. 2016–13097 Filed 6–2–16; 8:45 am]
                                                                                                                                                                    the subject line.
                                                    such as costs, sales statistics,                           BILLING CODE 6750–01–P
                                                                                                                                                                    FOR FURTHER INFORMATION CONTACT: An
                                                    inventories, formulas, patterns, devices,                                                                       FAQ document explaining this proposal
                                                    manufacturing processes, or customer                                                                            in further detail is available on the
                                                    names.                                                     DELAWARE RIVER BASIN                                 Commission’s Web site, www.drbc.net.
                                                       If you want the Commission to give                      COMMISSION                                           For queries about the rulemaking
                                                    your comment confidential treatment,                                                                            process, please contact Pamela Bush at
                                                    you must file it in paper form, with a                     18 CFR Parts 401 and 420
                                                                                                                                                                    609–477–7203.
                                                    request for confidential treatment, and
                                                                                                               Rules of Practice and Procedure                      SUPPLEMENTARY INFORMATION:
                                                    you must follow the procedure
                                                    explained in FTC Rule 4.9(c), 16 CFR                       Concerning Regulatory Program Fees                      Background. The Delaware River
                                                    4.9(c).1 Your comment will be kept                         and Basin Regulations—Water Supply                   Basin Commission (‘‘DRBC’’ or
                                                    confidential only if the FTC General                       Charges Concerning Rates                             ‘‘Commission’’) is a Federal interstate
                                                    Counsel grants your request in                                                                                  compact agency charged with managing
                                                                                                               AGENCY:  Delaware River Basin                        the water resources of the Delaware
                                                    accordance with the law and the public                     Commission.
                                                    interest.                                                                                                       River Basin on a regional basis without
                                                                                                               ACTION: Proposed rule; notice of public              regard to political boundaries. Its
                                                       Postal mail addressed to the
                                                    Commission is subject to delay due to                      hearing.                                             members are the governors of the four
                                                    heightened security screening. As a                                                                             basin states—Delaware, New Jersey,
                                                                                                               SUMMARY:    The Commission is proposing              New York and Pennsylvania—and the
                                                    result, we encourage you to submit your                    amendments to the Rules of Practice
                                                    comments online. To make sure that the                                                                          North Atlantic Division Commander of
                                                                                                               and Procedure to adopt a new project                 the U.S. Army Corps of Engineers,
                                                    Commission considers your online                           review fee structure and to the Basin
                                                    comment, you must file it at https://                                                                           representing the federal government.
                                                                                                               Regulations—Water Supply Charges to                  DRBC is proposing a comprehensive
                                                    ftcpublic.commentworks.com/ftc/                            provide for automatic inflation
                                                    rvaluerule, by following the instruction                                                                        revision of its project review fee
                                                                                                               adjustments. These changes also are                  structure, including an automatic
                                                    on the web-based form. If this Notice                      proposed to be incorporated into the
                                                    appears at http://www.regulations.gov,                                                                          annual indexed inflation adjustment for
                                                                                                               Commission’s Comprehensive Plan.                     most fees. The inflation adjustment is
                                                    you also may file a comment through
                                                                                                               DATES: The Commission will hold a                    also proposed for DRBC’s water supply
                                                    that Web site.
                                                       If you prefer to file your comment on                   public hearing at 1 p.m. on Wednesday,               charges rates applicable to consumptive
                                                    paper, mail your comment to the                            July 27, 2016. The hearing will continue             and non-consumptive surface water
                                                    following address: Federal Trade                           until all those wishing to testify have              withdrawals.
                                                    Commission, Office of the Secretary,                       had an opportunity to do so. Written                    Current fees. DRBC’s current project
                                                    600 Pennsylvania Avenue NW., Suite                         comments will be accepted and must be                review fee structure was adopted by the
                                                    CC–5610 (Annex B), Washington, DC                          received by 5 p.m. on Friday, August 12,             Commission in 2009 by (uncodified)
                                                    20580, or deliver your comment to the                      2016.                                                Resolution No. 2009–2. For projects
                                                    following address: Federal Trade                           ADDRESSES: The public hearing will be                involving total costs of $250,000 or less,
                                                    Commission, Office of the Secretary,                       held in the Goddard Conference Room                  it consists of a flat project review fee of
                                                    Constitution Center, 400 7th Street SW.,                   at the Commission’s office building                  $1,000 for privately sponsored projects
                                                    5th Floor, Suite 5610 (Annex B),                           located at 25 State Police Drive, West               and $500 for publically sponsored
                                                    Washington, DC 20024. If possible,                         Trenton, NJ. As Internet mapping tools               projects. For projects with total costs
                                                    submit your paper comment to the                           are inaccurate for this location, please             greater than $250,000, DRBC’s current
                                                    Commission by courier or overnight                         use the driving directions posted on the             project review fee is based upon a
                                                    service.                                                   Commission’s Web site.                               percentage of the costs of the project
                                                       Visit the Commission Web site at                           Oral Testimony and Written                        attributable to project components
                                                    http://www.ftc.gov to read this ANPR                       Comments: Persons wishing to testify at              physically located within the basin, and
                                                    and the news release describing it. The                    the hearing are asked to register in                 is capped at $75,000. However, projects
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    FTC Act and other laws that the                            advance by phoning Paula Schmitt at                  for which the review is exceptionally
                                                    Commission administers permit the                          609–883–9500, ext. 224. Written                      involved may be charged DRBC’s actual
                                                                                                               comments may be submitted as follows:                costs, which may exceed $75,000. The
                                                       1 In particular, the written request for confidential   If by email, to paula.schmitt@                       current fee structure generates an
                                                    treatment that accompanies the comment must                drbc.nj.gov; if by fax, to Commission                uneven revenue stream that between
                                                    include the factual and legal basis for the request,
                                                    and must identify the specific portions of the
                                                                                                               Secretary at 609–883–9522; if by U.S.                2011 and 2015 produced average annual
                                                    comment to be withheld from the public record. See         Mail, to Commission Secretary, DRBC,                 revenues of $610,843. The
                                                    FTC Rule 4.9(c), 16 CFR 4.9(c).                            P.O. Box 7360, West Trenton, NJ 08628–               Commission’s total cost associated with


                                               VerDate Sep<11>2014    21:06 Jun 02, 2016   Jkt 238001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\03JNP1.SGM   03JNP1


                                                                               Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules                                           35663

                                                    project reviews required by the                         The coordination, monitoring and                       modeling, and coordination with state
                                                    Delaware River Basin Compact and                        assessment fee will not apply to such                  and federal agencies.
                                                    DRBC regulations is estimated to equal                  ‘‘Other’’ projects. An annual, indexed,                   (b) Types of fees. The following types
                                                    $1.15 million annually. This estimate                   automatic inflation adjustment is                      of fees are established by this section:
                                                    takes into consideration administrative                 proposed for most project review fees.                    (1) Docket Application Fee. Except as
                                                    cost savings expected to accompany                         The proposed regulatory program fees                set forth in paragraph (b)(1)(iii) of this
                                                    implementation of the One Process/One                   structure is expected to provide a more                section, the Docket Application Fee
                                                    Permit Program (also ‘‘One Process/One                  predictable and sustainable source of                  shall apply to:
                                                    Permit’’), recently authorized by the                   revenues and to help close the annual                     (i) Any project that, in accordance
                                                    Commission through its adoption of the                  gap of approximately $539,000 in                       with the Delaware River Basin Compact
                                                    One Permit Program rule, 18 CFR                         funding to support DRBC’s project                      and DRBC regulations, requires a
                                                    401.42.                                                 review program.                                        Commission-issued docket or permit,
                                                       DRBC’s water supply charges are used                    No increase is proposed to DRBC’s                   whether it be a new or existing project
                                                    to pay debt service, annual operation                   current water supply charges rates, set                for which the Commission has not yet
                                                    and maintenance costs, and the costs of                 forth at 18 CFR 420.41. However, an                    issued an approval or a project for
                                                    required improvements, repairs and                      annual, indexed, automatic inflation                   which the renewal of a previous
                                                    replacements associated with water                      adjustment is proposed, applicable to                  Commission approval is required.
                                                    supply storage owned by the                             both the consumptive and non-                             (ii) Any project that in accordance
                                                    Commission in two reservoirs—Blue                       consumptive use rates for surface water                with section 11 or section 13.1 of the
                                                    Marsh and Beltzville—located in                         withdrawals.                                           Delaware River Basin Compact and
                                                    Pennsylvania and operated by the U.S.                      Additional information. An FAQ                      DRBC regulations must be added to the
                                                    Army Corps of Engineers. Water supply                   document explaining DRBC’s fee                         Comprehensive Plan (also, ‘‘Plan’’). In
                                                    charges revenues also support DRBC                      restructuring proposal in greater detail               addition to any new project required to
                                                    activities related to water supply                      is available on the Commission’s Web                   be included in the Plan, such projects
                                                    planning and operations. DRBC’s                         site, www.drbc.net.                                    include existing projects that in
                                                    current water supply charges rates, in                                                                         accordance with section 13.1 of the
                                                    effect since January 1, 2011, are $80 per               List of Subjects                                       Compact are required to be included in
                                                    million gallons for consumptive use and                 18 CFR Part 401                                        the Plan and which were not previously
                                                    $.80 per million gallons for non-                                                                              added to the Plan. Any existing project
                                                    consumptive use. The previous rates,                      Administrative practice and                          that is changed substantially from the
                                                    $60 per million gallons for consumptive                 procedure, Penalties, Water pollution                  project as described in the Plan shall be
                                                    use and $.60 per million gallons for                    control, Water resources.                              deemed to be a new and different
                                                    non-consumptive use, were adopted in                    18 CFR Part 420                                        project for purposes of this section.
                                                    1978 and remained unchanged for more                                                                              (iii) Exemptions. The Docket
                                                                                                              Water Supply.                                        Application Fee shall not apply to:
                                                    than 30 years. DRBC’s water supply
                                                    charges revenues have lagged                              For the reasons set forth in the                        (A) Any project for which the
                                                    significantly behind inflation.                         preamble, the Delaware River Basin                     Signatory Party Agency serves as lead
                                                       Proposed Changes. The proposed                       Commission proposes to amend parts                     under the one permit program rule
                                                    project review fee restructuring                        401 and 420 of title 18 of the Code of                 (§ 401.42), unless such project must be
                                                    includes: For wastewater discharge                      Federal Regulations as follows:                        added by the Commission to the
                                                    projects, elimination of DRBC project                                                                          Comprehensive Plan.
                                                    review fees for applications that                       PART 401—RULES OF PRACTICE AND                            (B) Any project for which an agency,
                                                    undergo coordinated review pursuant to                  PROCEDURE                                              authority or commission of a signatory
                                                    the One Process/One Permit Program;                                                                            to the Compact is the primary sponsor.
                                                                                                            ■ 1. The authority citation for part 401               Projects sponsored by political
                                                    and for water withdrawal projects, (1)                  continues to read as follows:
                                                    for those projects for which DRBC                                                                              subdivisions of the signatory states shall
                                                    continues to act as lead review agency,                   Authority: Delaware River Basin Compact              not be included in this exemption. For
                                                    replacement of the current fee structure                (75 Stat. 688), unless otherwise noted.                purposes of this section ‘‘political
                                                    with fees based on monthly water                        ■ 2. Add § 401.43 to subpart C to read                 subdivisions’’ shall include without
                                                    allocation limits; and (2) for renewals                 as follows:                                            limitation municipalities, municipal
                                                    subject to coordinated review under                                                                            utility authorities, municipal
                                                    One Process/One Permit, elimination of                  § 401.43    Regulatory program fees.                   development corporations, and all other
                                                    the project review fee. DRBC is                           (a) Purpose. The purpose of this                     entities not directly under the budgetary
                                                    simultaneously proposing an annual                      section is to provide an adequate, stable              and administrative control of the
                                                    coordination, monitoring and                            and reliable stream of revenue to cover                Commission’s members.
                                                    assessment fee for all water withdrawal                 the cost of the Commission’s regulatory                   (2) Annual Monitoring and
                                                    and wastewater discharge projects                       program activities, an important means                 Coordination Fee. An Annual
                                                    subject to DRBC review and approval,                    by which the Commission coordinates                    Monitoring and Coordination Fee shall
                                                    including projects that receive permits                 management of the shared water                         apply to each withdrawal and/or
                                                    from a signatory party agency under the                 resources of the Basin. Activities to be               discharge project for which a water
                                                    One Process/One Permit Program. The                     covered by the fees include the review                 allocation or wastewater discharge
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                                                    annual fee will range from $300 to                      of applications for projects that are                  approval issued pursuant to the
                                                    $1,000 per year, depending upon the                     subject to review under the Delaware                   Compact and implementing regulations
                                                    permitted discharge capacity or monthly                 River Basin Compact and implementing                   is in effect, regardless of whether the
                                                    water allocation. The fee for DRBC’s                    regulations; and ongoing activities                    approval was issued by the Commission
                                                    review of ‘‘Other’’ projects—those that                 associated with such projects, including               in the form of a docket, permit or other
                                                    involve no ongoing withdrawals or                       but not limited to, effluent and ambient               instrument, or by a Signatory Party
                                                    discharges—will continue to be                          monitoring, data analysis,                             Agency under the one permit program
                                                    calculated on the basis of project cost.                hydrodynamic and water quality                         rule (§ 401.42). The fee shall be based on


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                                                    35664                               Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules

                                                    the amount of a project’s approved                                   additional analyses or evaluations of a                   (v) Change of ownership. Each project
                                                    monthly water allocation and/or                                      project in response to a court order.                  that undergoes a ‘‘change in ownership’’
                                                    approved daily discharge capacity.                                      (4) Additional fees—(i) Emergency                   as that term is defined at 18 CFR
                                                       (3) Alternative Review Fee. In                                    approval. A request for an emergency                   420.31(e)(2) will be charged an
                                                    instances where the Commission’s                                     certificate under § 401.40 to waive or                 administrative fee as set forth in
                                                    activities and related costs associated                              amend a docket condition shall be                      paragraph (e) of this section.
                                                    with the review of an existing or                                    subject to a minimum fee in accordance                    (c) Indexed adjustment. On July 1 of
                                                    proposed project are expected to involve                             with paragraph (e) of this section. An                 every year, beginning July 1, 2017, all
                                                    extraordinary time and expense, an                                   Alternative Review Fee also may be                     fees established by this section will
                                                    Alternative Review Fee equal to the                                  charged in accordance with paragraph                   increase commensurate with any
                                                    Commission’s actual costs may be                                     (b)(3) of this section.                                increase in the annual April 12-month
                                                    imposed. The Executive Director shall                                                                                       Consumer Price Index (CPI) for
                                                                                                                            (ii) Late filed renewal application.
                                                    inform the project sponsor in writing                                                                                       Philadelphia, published by the U.S.
                                                                                                                         Any renewal application submitted
                                                    when the Alternative Review Fee is to                                                                                       Bureau of Labor Statistics during that
                                                                                                                         fewer than 120 calendar days in
                                                    be applied and may require advance                                                                                          year.1 In any year in which the April 12-
                                                                                                                         advance of the expiration date or after
                                                    payment in the amount of the                                                                                                month CPI for Philadelphia declines or
                                                                                                                         such other date specified in the docket
                                                    Commission’s projected costs. Instances                                                                                     shows no change, the Docket
                                                                                                                         or permit or letter of the Executive
                                                    in which the Alternative Review Fee                                                                                         Application Fee and Annual Monitoring
                                                                                                                         Director for filing a renewal application
                                                    may apply include, but are not limited                                                                                      and Coordination Fee will remain
                                                                                                                         shall be subject to a Late Filed Renewal
                                                    to, matters in which:                                                                                                       unchanged. Following any indexed
                                                                                                                         Application charge in excess of the
                                                       (i) DRBC staff perform a detailed pre-                                                                                   adjustment made under this paragraph,
                                                                                                                         otherwise applicable fee.
                                                    application review, including but not                                                                                       a revised fee schedule will be posted on
                                                    limited to the performance or review of                                 (iii) Modification of a DRBC approval.              the Commission’s Web site. Interested
                                                    modeling and/or analysis to identify                                 Following Commission action on a                       parties may also obtain the current fee
                                                    target limits for wastewater discharges;                             project, each project revision or                      schedule by contacting the Commission
                                                       (ii) DRBC staff perform or review                                 modification that the Executive Director               directly during business hours.
                                                    complex modeling in connection with                                  deems substantial shall require an                        (d) Late payment charge. When any
                                                    the design of a wastewater discharge                                 additional Docket Application Fee                      fee established by this section remains
                                                    diffuser system;                                                     calculated in accordance with paragraph                unpaid 30 calendar days after the
                                                       (iii) DRBC manages a public process                               (e) of this section and subject to an                  payment due date provided on the
                                                    for which the degree of public                                       Alternative Review Fee in accordance                   Commission’s invoice, an incremental
                                                    involvement results in extraordinary                                 with paragraph (b)(3) of this section.                 charge equal to 2% of the amount owed
                                                    effort and expense, including but not                                   (iv) Name change. Each project with                 shall be automatically assessed. Such
                                                    limited to, costs associated with                                    a docket or permit issued by the DRBC                  charge shall be assessed every 30 days
                                                    multiple stakeholder meetings, special                               or by a Signatory Party Agency pursuant                thereafter until the total amount owed,
                                                    public hearings, and/or voluminous                                   to the one permit program rule                         including any late payment charges has
                                                    public comment.                                                      (§ 401.42) will be charged an                          been paid in full.
                                                       (iv) DRBC conducts or is required to                              administrative fee as set forth in                        (e) Fee schedules. The fees described
                                                    engage third parties to conduct                                      paragraph (e) of this section.                         in this section shall be as follows:

                                                                                                                              DOCKET APPLICATION FILING FEE
                                                                       Project type                                            Docket application fee                                           Fee maximum

                                                                                                                $400 per million gallons/month of      allocation,1
                                                                                                                                                                  not       Greater of: $15,000 1 or Alternative Review Fee
                                                                                                                  to exceed $15,000. 1
                                                    Water Withdrawal ...............................            Fee is doubled for any portion to be exported from
                                                                                                                  the basin.
                                                    Wastewater Discharge .......................                Private projects: $1,000 1 Public projects: $500 1 ....     Alternative Review Fee
                                                                                                                0.4% of project cost up to $10,000,000 plus 0.12%           Greater of: $75,000 1 or Alternative Review Fee
                                                                                                                  of project cost above.
                                                    Other ...................................................   $10,000,000 (if applicable), not to exceed
                                                                                                                  $75,000. 1
                                                       1 Subject     to annual adjustment in accordance with paragraph (c) of this section.

                                                                                                                    ANNUAL MONITORING AND COORDINATION FEE
                                                                                                                                             Annual fee                                      Allocation
                                                                                                                                                          1$300       <4.99 mgm.
                                                                                                                                                            1450      5.00 to 49.99 mgm.
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                                                    Water Withdrawal ...............................................................                        1650      50.00 to 499.99 mgm.
                                                                                                                                                            1825      500.00 to 9,999.99 mgm.
                                                                                                                                                         11,000;      > or = to 10,000 mgm.
                                                                                                                                                     Annual fee       Discharge design capacity
                                                                                                                                                          1300        <0.05 mgd.
                                                    Wastewater Discharge ........................................................                         1610        0.05 to 1 mgd.

                                                     1 Consumer Price Index—U/Series ID:                                 Philadelphia-Wilmington-Atlantic City, PA–NJ–DE–
                                                    CWURA102SA0/Not Seasonally Adjusted/Area:                            MD/Item: All items/Base Period: 1982–84=100.



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                                                                                    Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules                                                          35665

                                                                                                      ANNUAL MONITORING AND COORDINATION FEE—Continued
                                                                                                                                             Annual fee                                               Allocation
                                                                                                                                                              1820     1 to 10 mgd.
                                                                                                                                                            11,000     >10 mgd.
                                                        1 Subject   to annual adjustment in accordance with paragraph (c) of this section.

                                                                                                                                       ADDITIONAL FEES
                                                                        Proposed action                                                           Fee                                                      Fee maximum

                                                    Emergency Approval Under 18 CFR 401.40 ....                        $5,000 ............................................................... Alternative Review Fee.
                                                    Late Filed Renewal Surcharge ..........................            $2,000.
                                                                                                                       At Executive Director’s discretion, Docket Ap- Alternative Review Fee.
                                                                                                                         plication Fee for the appropriate project type.
                                                    Modification of a DRBC Approval.
                                                    Name change ....................................................   $1,000, 1
                                                    Change of Ownership ........................................       $1,500. 1
                                                        1 Subject   to annual adjustment in accordance with paragraph (c) of this section.


                                                    PART 420—BASIN REGULATIONS—                                        DEPARTMENT OF THE TREASURY                                     AB35 in the body of the text. Please
                                                    WATER SUPPLY CHARGES                                                                                                              submit comments by one method only.
                                                                                                                       Financial Crimes Enforcement Network                              • Comments submitted in response to
                                                    ■ 3. The authority citation for part 420                                                                                          this NPRM will become a matter of
                                                    continues to read as follows:                                      31 CFR Part 1010                                               public record. Therefore, you should
                                                      Authority: Delaware River Basin Compact,                                                                                        submit only information that you wish
                                                                                                                       RIN 1506–AB35
                                                    75 Stat. 688.                                                                                                                     to make publicly available.
                                                    ■   4. Revise § 420.41 to read as follows:                                                                                           • Inspection of comments: FinCEN
                                                                                                                       Imposition of Special Measure Against
                                                    § 420.41      Schedule of water charges.                           North Korea as a Jurisdiction of                               uses the electronic, Internet-accessible
                                                       The schedule of water charges                                   Primary Money Laundering Concern                               dockets at Regulations.gov as its
                                                    established in accordance with § 420.22                                                                                           complete, official-record docket; all
                                                                                                                       AGENCY: Financial Crimes Enforcement                           hard copies of materials that should be
                                                    shall be as follows:                                               Network (‘‘FinCEN’’), Treasury.
                                                       (a) $80 per million gallons for                                                                                                in the docket, including public
                                                                                                                       ACTION: Notice of proposed rulemaking.                         comments, are electronically scanned
                                                    consumptive use, subject to paragraph
                                                    (c) of this section; and                                                                                                          and placed there. Federal Register
                                                                                                                       SUMMARY:   In a finding, notice of which
                                                       (b) $0.80 per million gallons for non-                                                                                         notices published by FinCEN are
                                                                                                                       was published elsewhere in this issue of
                                                    consumptive use, subject to paragraph                                                                                             searchable by docket number, RIN, or
                                                                                                                       the Federal Register (‘‘Notice of
                                                    (c) of this section.                                                                                                              document title, among other things, and
                                                                                                                       Finding’’), the Director of FinCEN found
                                                       (c) On July 1 of every year, beginning                                                                                         the docket number, RIN, and title may
                                                                                                                       that the Democratic People’s Republic of
                                                    July 1, 2017, the rates established by                                                                                            be found at the beginning of such
                                                                                                                       Korea (‘‘North Korea’’) is a jurisdiction
                                                    this section will increase commensurate                                                                                           notices. In general, FinCEN will make
                                                                                                                       of primary money laundering concern.
                                                    with any increase in the annual April                                                                                             all comments publicly available by
                                                                                                                       FinCEN is issuing this notice of
                                                    12-month Consumer Price Index (CPI)                                                                                               posting them on http://
                                                                                                                       proposed rulemaking (‘‘NPRM’’) to
                                                    for Philadelphia, published by the U.S.                                                                                           www.regulations.gov.
                                                                                                                       propose to prohibit covered financial
                                                    Bureau of Labor Statistics during that
                                                                                                                       institutions from opening or                                   FOR FURTHER INFORMATION CONTACT:  The
                                                    year.1 In any year in which the April 12-
                                                                                                                       maintaining a correspondent account in                         FinCEN Resource Center at (800) 949–
                                                    month CPI for Philadelphia declines or
                                                                                                                       the United States for or on behalf of a                        2732.
                                                    shows no change, the water charges
                                                    rates will remain unchanged. Following                             North Korean banking institution and to                        SUPPLEMENTARY INFORMATION:
                                                    any indexed adjustment made under                                  prohibit the use of foreign banking
                                                                                                                       institutions’ correspondent accounts at                        I. Statutory Provisions
                                                    this paragraph, revised consumptive
                                                    and non-consumptive use rates will be                              covered U.S. financial institutions to                            On October 26, 2001, the President
                                                    posted on the Commission’s Web site.                               process transactions involving North                           signed into law the Uniting and
                                                    Interested parties may also obtain the                             Korean financial institutions.                                 Strengthening America by Providing
                                                    current rates by contacting the                                    DATES: Written comments on the notice                          Appropriate Tools Required to Intercept
                                                    Commission directly during business                                of proposed rulemaking must be                                 and Obstruct Terrorism Act of 2001,
                                                    hours.                                                             submitted on or before August 2, 2016.                         Public Law 107–56 (the ‘‘USA PATRIOT
                                                      Dated: May 26, 2016.                                             ADDRESSES: You may submit comments,                            Act’’). Title III of the USA PATRIOT Act
                                                                                                                       identified by 1506–AB35, by any of the                         amended the anti-money laundering
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                                                    Pamela M. Bush,
                                                                                                                       following methods:                                             provisions of the Bank Secrecy Act
                                                    Commission Secretary.
                                                                                                                         • Federal E-rulemaking Portal: http://                       (‘‘BSA’’), codified at 12 U.S.C. 1829b, 12
                                                    [FR Doc. 2016–13012 Filed 6–2–16; 8:45 am]
                                                                                                                       www.regulations.gov. Follow the                                U.S.C. 1951–1959, and 31 U.S.C. 5311–
                                                    BILLING CODE 6360–01–P                                                                                                            5314, 5316–5332, to promote the
                                                                                                                       instructions for submitting comments.
                                                                                                                       Include 1506–AB35 in the submission.                           prevention, detection, and prosecution
                                                                                                                         • Mail: The Financial Crimes
                                                      1 Consumer Price Index—U/Series ID:

                                                    CWURA102SA0/Not Seasonally Adjusted/Area:
                                                                                                                                                                                      of international money laundering and
                                                    Philadelphia-Wilmington-Atlantic City, PA–NJ–DE–                   Enforcement Network, P.O. Box 39,                              the financing of terrorism. Regulations
                                                    MD/Item: All items/Base Period: 1982–84=100.                       Vienna, VA 22183. Include RIN 1506–                            implementing the BSA appear at 31 CFR


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Document Created: 2018-02-08 07:30:01
Document Modified: 2018-02-08 07:30:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; notice of public hearing.
DatesThe Commission will hold a public hearing at 1 p.m. on Wednesday, July 27, 2016. The hearing will continue until all those wishing to testify have had an opportunity to do so. Written comments will be accepted and must be received by 5 p.m. on Friday, August 12, 2016.
ContactAn FAQ document explaining this proposal in further detail is available on the Commission's Web site, www.drbc.net. For queries about the rulemaking process, please contact Pamela Bush at 609-477-7203.
FR Citation81 FR 35662 
CFR Citation18 CFR 401
18 CFR 420
CFR AssociatedAdministrative Practice and Procedure; Penalties; Water Pollution Control; Water Resources and Water Supply

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