81 FR 5585 - Amendments to the Rules of Practice and Procedure To Allow Each Signatory Party and the Commission To Administer a Single Process for the Review and Adjudication of Projects

DELAWARE RIVER BASIN COMMISSION

Federal Register Volume 81, Issue 22 (February 3, 2016)

Page Range		5585-5589
FR Document		2016-02048

The Delaware River Basin Commission is amending its regulations to provide for the One Process/One Permit Program. The Program is intended to promote interagency cooperation and collaboration on shared mission objectives, achieve regulatory program efficiencies, avoid unnecessary duplication of effort, and reduce the potential for confusion on the part of regulated entities and the public regarding regulatory requirements applicable to projects.

Federal Register, Volume 81 Issue 22 (Wednesday, February 3, 2016)

[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Rules and Regulations]
[Pages 5585-5589]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-02048]

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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 401

Amendments to the Rules of Practice and Procedure To Allow Each
Signatory Party and the Commission To Administer a Single Process for
the Review and Adjudication of Projects

AGENCY: Delaware River Basin Commission.

ACTION: Final rule.

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

SUMMARY: The Delaware River Basin Commission is amending its
regulations to provide for the One Process/One Permit Program. The
Program is intended to promote interagency cooperation and
collaboration on shared mission objectives, achieve regulatory program
efficiencies, avoid unnecessary duplication of effort, and reduce the
potential for confusion on the part of regulated entities and the
public regarding regulatory requirements applicable to projects.

DATES: This final rule will be effective March 4, 2016.

FOR FURTHER INFORMATION CONTACT: Technical information: David Kovach,

[[Page 5586]]

609-477-7264. Legal information: Pamela Bush, 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.
Specifically, this final rule amends subchapter A--Administrative
Manual, part 401--Rules of Practice and Procedure, subpart C--Project
Review Under Section 3.8 of the Compact by the addition of a new
section 401.42, providing for DRBC and each of the parties to the
Delaware River Basin Compact (United States Pub. L. 87-328, Approved
September 27, 1961, 75 U.S. Statutes at Large 688; 53 Delaware Laws,
Chapter 71, Approved May 26, 1961; New Jersey Laws of 1961, Chapter 13,
Approved May 1, 1961; New York Laws of 1961, Chapter 148, Approved
March 17, 1961; and Pennsylvania Acts of 1961, Act No. 268, Approved
July 7, 1961 (``the Compact''))--Delaware, New Jersey, New York,
Pennsylvania and the federal government (``Signatory Parties'')--to
coordinate and collaborate in the administration of a single process
for the review and adjudication of certain projects, including, where
appropriate, issuance of a single permit or other approval instrument.
Currently, the sponsors of many water resource-related projects in
the Delaware River Basin are required to apply to both the DRBC and a
state agency, among others, for approvals. New section 401.42 provides
for the DRBC and the administrative agencies of the Signatory Parties
to identify regulatory programs that by mutual agreement will be
managed through a single process that may result in one decision or
approval. The program, known as One Process/One Permit (hereinafter,
``the Program or ``One Permit'') is intended to promote interagency
cooperation and collaboration on shared mission objectives, achieve
regulatory program efficiencies, avoid unnecessary duplication of
effort, and reduce the potential for confusion on the part of regulated
entities and the public regarding regulatory requirements applicable to
projects. Importantly, the rule expressly preserves the authorities of
the DRBC and each of its Signatory Parties and effects no change to
federal, state or DRBC substantive standards and requirements.
In accordance with this final rule, administrative agreements
between DRBC and Signatory Party agencies to implement the Program may
be approved by the Commission after each such agreement undergoes a
duly noticed public hearing. In accordance with Resolution No. 2015-4
of the Commission, which was adopted on March 11, 2015 following a
public hearing on March 10, 2015, an administrative agreement between
the DRBC and the New Jersey Department of Environmental Protection
(NJDEP) was executed, in part to demonstrate how the Program would
operate in New Jersey. With adoption of the final rule, DRBC and NJDEP
will fully implement their March 2015 agreement.
Notably, each Signatory Party may choose whether and when to
initiate an agreement or agreements with DRBC under the Program. No
draft agreements with Signatory Party agencies other than the NJDEP to
implement the Program have yet been published for comment.

Procedural Background

The Commission introduced One Permit to the basin community during
meetings with regulated entities, environmental organizations and other
stakeholders on February 12 and March 3, 2015 and through publication
on the DRBC Web site of a press release and a set of FAQs on February
27, 2015. During the Commission's quarterly public meeting on March 10-
11, 2015, the Commission approved Resolution No. 2015-4, in part
authorizing and directing the Executive Director to initiate rulemaking
to amend DRBC's Rules of Practice and Procedure to provide specific
authorization for and define the scope of the Program. Notice of the
proposed amendments was published on the Commission's Web site on May
17, 2015.
Notice of the proposed amendments also appeared in the Federal
Register at 80 FR 28567, May 19, 2015; in the Delaware Register of
Regulations, 18 DE Reg. 1002, June 1, 2015; New Jersey Register, 47
N.J.R. 1256, June 1, 2015; New York State Register, May 27, 2015 (page
4); and Pennsylvania Bulletin, 45 Pa. B. 2611, May 30, 2015. The
Commission held a public hearing on the proposal on June 9, 2015 and
accepted written comments on the rule through July 1, 2015.

Rule Highlights

Notable aspects of the final rule include the following:
Section 401.42(b) provides that applications for approvals
required by the Compact and Commission regulations, but not within the
scope of the Program, must continue to be submitted to the Commission.
To ensure continued public access to information on the
status of all projects under review pursuant to the Delaware River
Basin Compact, including those administered under One Permit, Sec.
401.42(d)(2) establishes that participating Signatory Party agencies
will notify DRBC at least once monthly of applications received under
the Program; and Sec. 401.42(d)(5) establishes that the list that the
Commission will maintain of projects being administered under One
Permit will be posted on the Commission's Web site.
Section 401.42(h) provides that DRBC's current Project
Review Fee Schedule as set forth in Resolution No. 2009-2 will be the
operative fee schedule for projects reviewed under the Program.
Section 401.42(i) provides mechanisms for the efficient
disposition of Commission dockets during the transition to One Permit.
Section 401.42(i)(1) provides that for projects covered by the Program,
the most recent docket will be deemed administratively continued when a
renewal application is timely submitted to the Signatory Party Agency.
Section 401.42(i)(2) provides that unless the Executive Director or the
Commission otherwise directs, upon the Signatory Party Agency's final
action on an application for a project subject to the Program, (a) any
existing or administratively continued docket will terminate as to all
of its provisions and conditions within the scope of the Signatory
Party Agency approval; and (b) such docket will continue in effect as
to any provisions and conditions outside the scope of the Signatory
Party Agency approval, including for example, addition of a project to
the Comprehensive Plan.
The rule authorizes Signatory Party agencies, in
accordance with an applicable administrative agreement, to issue in
their approvals for projects to be administered under the Program the
finding and determination required by section 3.8 of the Compact that a
project subject to section 3.8 review does not substantially impair or
conflict with the Commission's Comprehensive Plan (``the finding'').
Section 401.42(d)(4) makes clear that where in accordance with an
applicable administrative agreement implementing One Permit the finding
continues to be made by the Commission, the Signatory Party agency may
include the Commission's finding in the agency's approval, together
with

[[Page 5587]]

any conditions identified by the Commission as necessary to support it,
thereby achieving a unified permit.
The final rule also makes clear (1) that participation in
the program by Signatory Party agencies is voluntary; and (2) that the
scope of a Signatory Party Agency's participation is defined by an
administrative agreement between DRBC and the agency that has been duly
adopted in accordance with Sec. 401.42(d).

Additional Materials

Additional materials can be found on the Commission's Web site at
www.drbc.net. These include DRBC Resolution No. 2015-9 approving the
final rule, at http://www.nj.gov/drbc/library/documents/Res2015-09_OPOPwith-final-rule-text.pdf; and the Commission's detailed comment
and response document, which identifies commenters, summarizes comments
received on the proposal, and sets forth the Commission's responses, at
http://www.nj.gov/drbc/library/documents/OPOP/comment-and-response_OPOP.pdf. The version of the Rules of Practice and Procedure
that is currently posted on DRBC's Web site at http://www.nj.gov/drbc/library/documents/admin_manual.pdf uses DRBC's original numbering
system, which is different from that of the CFR. In the original
system, the One Permit Program rules are set forth at new section
2.3.11. A list of the CFR units and corresponding DRBC units follows. A
complete stand-alone version of the Rules of Practice and Procedure
using the CFR system will be available on the DRBC Web site shortly.

------------------------------------------------------------------------
CFR Unit DRBC Unit Title or Caption
------------------------------------------------------------------------
Title 18 Conservation of
Power and Water Resources.
Chapter III--Delaware River
Basin Commission.
Subchapter A--Administrative Administrative
Manual. Manual [Part II]
Part 401--Rules of Practice Rules of Practice
and Procedure. and Procedure
Subpart C--Project Review Article 3--Project ....................
Under Section 3.8 of the Review Under
Compact. Section 3.8 of the
Compact.
401.42...................... 2.3.11.............. One Permit Program.
401.42(a)................... 2.3.11 A............ Purpose.
401.42(b)................... 2.3.11 B............ Scope.
401.42(c)................... 2.3.11 C............ Regulatory programs.
401.42(d)................... 2.3.11 D............ Procedure.
401.42(e)................... 2.3.11 E............ Comprehensive Plan
projects.
401.42(f)................... 2.3.11 F............ Retention of
Commission review
and enforcement
authorities.
401.42(g)................... 2.3.11 G............ Exhaustion of
Signatory Party
administrative
remedies
prerequisite to
appeal.
401.42(h)................... 2.3.11 H............ Fees.
401.42(i)................... 2.3.11 I............ Effect of One Permit
Program on
Commission dockets.
401.42(j)................... 2.3.11 J............ Modification of
Rules of Practice
and Procedure to
conform to this
section.
401.42(k)................... 2.3.11 K............ No interference with
Supreme Court
decree.
------------------------------------------------------------------------

List of Subjects in 18 CFR Part 401

Administrative practice and procedure, Project review, Water
pollution control, Water resources.

For the reasons set forth in the preamble, the Delaware River Basin
Commission amends part 401 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.

Subpart C--Project Review Under Section 3.8 of the Compact

0
2. Add Sec. 401.42 to read as follows:

Sec. 401.42 One Permit Program.

(a) Purpose. The purpose of the One Permit Program set forth in
this section is to provide the opportunity for the environmental agency
and/or other administrative agency of a Signatory Party (``Signatory
Party Agency'') and the Commission to coordinate and collaborate in the
administration of a single process for the review and adjudication of
projects. The One Permit Program allows the Signatory Party Agency and
Commission to incorporate requirements and determinations of both
entities in a single permit or other approval instrument, pursuant to a
duly adopted Administrative Agreement under paragraph (d) of this
section.
(b) Scope. This section applies to all projects that:
(1) Are reviewable under the Compact;
(2) Meet the thresholds for review set forth in Sec. 401.35 of
these Rules of Practice and Procedure;
(3) Are subject to review by a Signatory Party Agency under its own
statutory authorities; and
(4) Are within regulatory programs that have been identified in a
duly adopted Administrative Agreement between the Commission and a
Signatory Party Agency under this section. For any project that
requires an approval under the Compact that is outside the scope of the
Signatory Party Agency's approval issued in accordance with an
Administrative Agreement under this section, the project sponsor shall
apply to the Commission in accordance with procedures established by
the Commission.
(c) Regulatory programs. Regulatory programs eligible for
administration under the One Permit Program may include but are not
limited to those concerning: Basin discharges, Basin water withdrawals,
and Basin flood plain requirements.
(d) Procedure. The categories of projects covered and the
procedures for processing applications under the One Permit Program
shall be set forth in one or more Administrative Agreements between the
Commission and the Signatory Party Agency that have been adopted by the
Commission following a duly noticed public hearing and are in form and
substance acceptable to the Commission and the Signatory Party Agency,
consistent with the following:

[[Page 5588]]

(1) Except as provided in paragraphs (b) and (e) of this section or
in an Administrative Agreement that has been duly executed by the
Commission and the Signatory Party Agency under this section, an
application for initial approval, renewal or revision of any project
subject to the One Permit Program shall be filed only with the
Signatory Party Agency.
(2) To enable the Commission to compile and make available to the
public a current list of pending applications for projects within the
Basin subject to Commission jurisdiction, the Signatory Party Agency
shall notify the Commission at least monthly of applications the
Signatory Party has received during the preceding month that may be
eligible for review under the One Permit Program.
(3) For those categories of projects identified in the
Administrative Agreement as requiring Commission input, the Commission
staff shall provide the Signatory Party Agency with such input,
including where specified by the Administrative Agreement, a
recommendation as to any conditions of approval that may be necessary
or appropriate to include in the project review determination under
Section 3.8 of the Compact as to those regulatory programs identified
in an Administrative Agreement in accordance with paragraph (b) of this
section.
(4) Unless the Signatory Party Agency disapproves the project or
the Administrative Agreement provides for separate Commission action
under Section 3.8 of the Compact, the Signatory Party Agency shall make
the project review determination under Section 3.8 of the Compact, as
specified in the Administrative Agreement, as to the regulatory program
covered by the Signatory Party Agency's approval and include the
determination and any associated conditions of approval within the
permit or other approval instrument that it issues to the project
sponsor. If in accordance with the applicable Administrative Agreement
the determination under Section 3.8 of the Compact is made by the
Commission, the Signatory Party Agency may include the determination
together with any associated conditions of approval in its permit or
other approval instrument covering the project.
(5) The Commission will maintain on its Web site a list of all
projects being administered pursuant to the 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 Commission regulations. 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
change the project so substantially as to render it a new and different
project may be submitted only to the Signatory Party Agency unless
otherwise specified in the Administrative Agreement.
(f) Retention of Commission review and enforcement authorities.
Notwithstanding any other provision of this section, any Commissioner
or the Executive Director may designate for Commission review any
project that is reviewable under the Compact. Nothing in this section
shall limit the authority of the Commission to exercise its review
authority under the Compact and applicable Commission regulations.
Similarly, although Administrative Agreements executed pursuant to this
section may include collaborative and cooperative compliance and
enforcement procedures, nothing in this section shall limit the
authority of the Commission to exercise its enforcement authority under
the Compact and applicable regulations.
(g) Exhaustion of Signatory Party administrative remedies
prerequisite to appeal. Before commencing an action in a court of
appropriate jurisdiction challenging any final action taken by a
Signatory Party Agency under this section, the appellant must first
exhaust its administrative remedies under the law of the Signatory
Party whose agency issued the decision at issue.
(h) Fees. The Commission shall establish and maintain a schedule of
fees for any or all of the services it renders pursuant to this
section. The applicable fee(s) for Commission services rendered
pursuant to this section shall be those set forth in DRBC Resolution
No. 2009-2 (available at http://www.nj.gov/drbc/library/documents/Res2009-2.pdf) for the review and renewal of project approvals. Project
sponsors shall pay such fees, if any, directly to the Commission in
accordance with the current schedule and applicable rules.
(i) Effect of One Permit Program on Commission dockets.
(1) Unless the Executive Director or Commission otherwise directs,
if a docket holder submits, or has submitted, a timely application to a
Signatory Party Agency for a project subject to review under an
Administrative Agreement duly adopted under paragraph (d) of this
section, the most recent docket for the project shall, upon expiration,
be deemed administratively continued until final action is taken in
accordance with paragraph (i)(2) of this section.
(2) Unless the Executive Director or Commission otherwise directs,
upon a Signatory Party Agency's final action on an application for a
project subject to the One Permit Program:
(i) Any existing or administratively continued docket for such
project shall terminate as to all of its provisions and conditions that
pertain to regulatory programs administered by the Signatory Party
Agency under the Administrative Agreement (``the Covered Programs'');
and
(ii) The docket shall continue in effect as to any provisions and
conditions not pertaining only to Covered Programs, including, as
applicable, the incorporation of the project in the Commission's
Comprehensive Plan.
(j) Modification of rules of practice and procedure to conform to
this section. Any project subject to review under an Administrative
Agreement duly adopted under paragraph (d) of this section, shall be
governed by this section and not Sec. Sec. 401.4, 401.5, 401.6, 401.8,
401.34(a), (c) and (e), 401.37, 401.38 and 18 CFR part 401, subpart F,
where they are inconsistent with the procedures provided in this
section.
(k) No interference with Supreme Court decree. In accordance with
Sections 3.3(a) and 3.5 of the Compact, nothing in this section shall
grant the authority to any Signatory Party Agency to impair, diminish
or otherwise adversely affect the diversions, compensating releases,
rights, conditions, obligations and provisions for administration
thereof provided in the United States Supreme Court decree in New
Jersey v. New York, 347 U.S. 995 (1954) (``Decree''). Any such action
shall be taken only by the Commission with the unanimous consent of the
parties to the Decree or upon unanimous consent of the members of the
Commission following a declaration of a state of emergency in
accordance with Section 3.3(a) of the Compact.

[[Page 5589]]

Dated: January 15, 2016.
Pamela M. Bush,
Commission Secretary and Assistant General Counsel.
[FR Doc. 2016-02048 Filed 2-2-16; 8:45 am]
BILLING CODE 6360-01-P

Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Rules and Regulations 5585

February 26, 1979); and (3) does not Issued in Washington, DC, on December Authority: 49 U.S.C. 106(f), 106(g), 40103,
warrant preparation of a regulatory 31, 2015. 40106, 40113, 40114, 40120, 44502, 44514,
evaluation as the anticipated impact is John S. Duncan, 44701, 44719, 44721–44722.
so minimal. For the same reason, the Director, Flight Standards Service.
■ 2. Part 97 is amended to read as
FAA certifies that this amendment will Adoption of the Amendment follows:
not have a significant economic impact
Accordingly, pursuant to the
on a substantial number of small entities §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33,
authority delegated to me, Title 14, 97.35 [Amended]
under the criteria of the Regulatory Code of Federal Regulations, Part 97, (14
Flexibility Act. CFR part 97), is amended by amending By amending: § 97.23 VOR, VOR/
List of Subjects in 14 CFR Part 97 Standard Instrument Approach DME, VOR or TACAN, and VOR/DME
Procedures and Takeoff Minimums and or TACAN; § 97.25 LOC, LOC/DME,
Air Traffic Control, Airports, ODPs, effective at 0901 UTC on the LDA, LDA/DME, SDF, SDF/DME;
Incorporation by reference, Navigation dates specified, as follows: § 97.27 NDB, NDB/DME; § 97.29 ILS,
(air). ILS/DME, MLS, MLS/DME, MLS/RNAV;
PART 97—STANDARD INSTRUMENT § 97.31 RADAR SIAPs; § 97.33 RNAV
APPROACH PROCEDURES SIAPs; and § 97.35 COPTER SIAPs,
Identified as follows:
■ 1. The authority citation for part 97
continues to read as follows: * * * Effective Upon Publication

AIRAC date State City Airport FDC No. FDC date Subject

4–Feb–16 .......... ID Blackfoot ..................... McCarley Fld .............. 5/7026 12/7/15 This NOTAM, published in TL
16–03, is hereby rescinded in
its entirety.
4–Feb–16 .......... TN Oneida ........................ Scott Muni ................... 5/0865 12/18/15 RNAV (GPS) RWY 5, Amdt 1A.
4–Feb–16 .......... TN Oneida ........................ Scott Muni ................... 5/0866 12/18/15 RNAV (GPS) RWY 23, Amdt 1A.
4–Feb–16 .......... TN Oneida ........................ Scott Muni ................... 5/0867 12/18/15 VOR/DME–A, Amdt 5B.
4–Feb–16 .......... ID Blackfoot ..................... McCarley Fld .............. 5/0898 12/23/15 RNAV (GPS)–A, Orig.
4–Feb–16 .......... KY Mount Sterling ............ Mount Sterling-Mont- 5/2877 12/18/15 RNAV (GPS) RWY 21, Orig-A.
gomery County.
4–Feb–16 .......... KY Springfield ................... Lebanon Springfield- 5/4582 12/18/15 VOR/DME RWY 11, Amdt 4B.
George Hoerter
Field.
4–Feb–16 .......... GA Atlanta ......................... Cobb County-MC 5/5998 12/18/15 Takeoff Minimums and (Obsta-
Collum Field. cle) DP, Amdt 2.
4–Feb–16 .......... GA Atlanta ......................... Cobb County-MC 5/5999 12/18/15 ILS OR LOC RWY 27, Amdt 4C.
Collum Field.
4–Feb–16 .......... GA Atlanta ......................... Cobb County-MC 5/6001 12/18/15 RNAV (GPS) RWY 27, Amdt 4A.
Collum Field.
4–Feb–16 .......... GA Atlanta ......................... Cobb County-MC 5/6003 12/18/15 VOR/DME RWY 9, Amdt 2.
Collum Field.
4–Feb–16 .......... NY New York .................... Laguardia .................... 5/6013 12/18/15 ILS OR LOC RWY 4, Amdt 36C.
4–Feb–16 .......... GA Atlanta ......................... Cobb County-MC 5/6855 12/18/15 RNAV (GPS) RWY 9, Amdt 3.
Collum Field.
4–Feb–16 .......... AL Brewton ....................... Brewton Muni .............. 5/7450 12/18/15 RNAV (GPS) RWY 6, Orig.
4–Feb–16 .......... AL Brewton ....................... Brewton Muni .............. 5/7451 12/18/15 RNAV (GPS) RWY 24, Orig.
4–Feb–16 .......... WV Moundsville ................. Marshall County .......... 5/8483 12/18/15 VOR/DME–A, Amdt 2A.
4–Feb–16 .......... NJ Trenton ....................... Trenton Mercer ........... 5/9988 12/22/15 ILS OR LOC RWY 6, Amdt 10A.
4–Feb–16 .......... NJ Trenton ....................... Trenton Mercer ........... 5/9989 12/22/15 VOR OR GPS–A, Amdt 11.
4–Feb–16 .......... NJ Trenton ....................... Trenton Mercer ........... 5/9990 12/22/15 RNAV (GPS) Z RWY 6, Orig-A.
4–Feb–16 .......... NJ Trenton ....................... Trenton Mercer ........... 5/9997 12/22/15 RNAV (GPS) Z RWY 24, Amdt
1A.

[FR Doc. 2016–01858 Filed 2–2–16; 8:45 am] DELAWARE RIVER BASIN to provide for the One Process/One
BILLING CODE 4910–13–P COMMISSION Permit Program. The Program is
intended to promote interagency
18 CFR Part 401 cooperation and collaboration on shared
mission objectives, achieve regulatory
Amendments to the Rules of Practice program efficiencies, avoid unnecessary
and Procedure To Allow Each duplication of effort, and reduce the
Signatory Party and the Commission potential for confusion on the part of
To Administer a Single Process for the regulated entities and the public
Review and Adjudication of Projects regarding regulatory requirements
tkelley on DSK3SPTVN1PROD with RULES

AGENCY: Delaware River Basin applicable to projects.
Commission. DATES:This final rule will be effective
ACTION: Final rule. March 4, 2016.
SUMMARY:The Delaware River Basin FOR FURTHER INFORMATION CONTACT:
Commission is amending its regulations Technical information: David Kovach,

VerDate Sep<11>2014 17:35 Feb 02, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\03FER1.SGM 03FER1

5586 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Rules and Regulations

609–477–7264. Legal information: of the DRBC and each of its Signatory • Section 401.42(b) provides that
Pamela Bush, 609–477–7203. Parties and effects no change to federal, applications for approvals required by
SUPPLEMENTARY INFORMATION: state or DRBC substantive standards and the Compact and Commission
requirements. regulations, but not within the scope of
Background In accordance with this final rule, the Program, must continue to be
The Delaware River Basin administrative agreements between submitted to the Commission.
Commission (‘‘DRBC’’ or DRBC and Signatory Party agencies to • To ensure continued public access
‘‘Commission’’) is a federal-interstate implement the Program may be to information on the status of all
compact agency charged with managing approved by the Commission after each projects under review pursuant to the
the water resources of the Delaware such agreement undergoes a duly Delaware River Basin Compact,
River Basin on a regional basis without noticed public hearing. In accordance including those administered under One
regard to political boundaries. Its with Resolution No. 2015–4 of the Permit, § 401.42(d)(2) establishes that
members are the governors of the four Commission, which was adopted on participating Signatory Party agencies
basin states—Delaware, New Jersey, March 11, 2015 following a public will notify DRBC at least once monthly
New York and Pennsylvania—and the hearing on March 10, 2015, an of applications received under the
North Atlantic Division Commander of administrative agreement between the Program; and § 401.42(d)(5) establishes
the U.S. Army Corps of Engineers, DRBC and the New Jersey Department of that the list that the Commission will
representing the federal government. Environmental Protection (NJDEP) was maintain of projects being administered
Specifically, this final rule amends executed, in part to demonstrate how under One Permit will be posted on the
subchapter A—Administrative Manual, the Program would operate in New Commission’s Web site.
part 401—Rules of Practice and Jersey. With adoption of the final rule, • Section 401.42(h) provides that
Procedure, subpart C—Project Review DRBC and NJDEP will fully implement DRBC’s current Project Review Fee
Under Section 3.8 of the Compact by the their March 2015 agreement. Schedule as set forth in Resolution No.
addition of a new section 401.42, Notably, each Signatory Party may 2009–2 will be the operative fee
providing for DRBC and each of the choose whether and when to initiate an schedule for projects reviewed under
parties to the Delaware River Basin agreement or agreements with DRBC the Program.
Compact (United States Pub. L. 87–328, under the Program. No draft agreements • Section 401.42(i) provides
Approved September 27, 1961, 75 U.S. with Signatory Party agencies other than mechanisms for the efficient disposition
Statutes at Large 688; 53 Delaware Laws, the NJDEP to implement the Program of Commission dockets during the
Chapter 71, Approved May 26, 1961; have yet been published for comment. transition to One Permit. Section
New Jersey Laws of 1961, Chapter 13, 401.42(i)(1) provides that for projects
Approved May 1, 1961; New York Laws Procedural Background covered by the Program, the most recent
of 1961, Chapter 148, Approved March The Commission introduced One docket will be deemed administratively
17, 1961; and Pennsylvania Acts of Permit to the basin community during continued when a renewal application
1961, Act No. 268, Approved July 7, meetings with regulated entities, is timely submitted to the Signatory
1961 (‘‘the Compact’’))—Delaware, New environmental organizations and other Party Agency. Section 401.42(i)(2)
Jersey, New York, Pennsylvania and the stakeholders on February 12 and March provides that unless the Executive
federal government (‘‘Signatory 3, 2015 and through publication on the Director or the Commission otherwise
Parties’’)—to coordinate and collaborate DRBC Web site of a press release and a directs, upon the Signatory Party
in the administration of a single process set of FAQs on February 27, 2015. Agency’s final action on an application
for the review and adjudication of During the Commission’s quarterly for a project subject to the Program, (a)
certain projects, including, where public meeting on March 10–11, 2015, any existing or administratively
appropriate, issuance of a single permit the Commission approved Resolution continued docket will terminate as to all
or other approval instrument. No. 2015–4, in part authorizing and of its provisions and conditions within
Currently, the sponsors of many water directing the Executive Director to the scope of the Signatory Party Agency
resource-related projects in the initiate rulemaking to amend DRBC’s approval; and (b) such docket will
Delaware River Basin are required to Rules of Practice and Procedure to continue in effect as to any provisions
apply to both the DRBC and a state provide specific authorization for and and conditions outside the scope of the
agency, among others, for approvals. define the scope of the Program. Notice Signatory Party Agency approval,
New section 401.42 provides for the of the proposed amendments was including for example, addition of a
DRBC and the administrative agencies published on the Commission’s Web project to the Comprehensive Plan.
of the Signatory Parties to identify site on May 17, 2015. • The rule authorizes Signatory Party
regulatory programs that by mutual Notice of the proposed amendments agencies, in accordance with an
agreement will be managed through a also appeared in the Federal Register at applicable administrative agreement, to
single process that may result in one 80 FR 28567, May 19, 2015; in the issue in their approvals for projects to
decision or approval. The program, Delaware Register of Regulations, 18 DE be administered under the Program the
known as One Process/One Permit Reg. 1002, June 1, 2015; New Jersey finding and determination required by
(hereinafter, ‘‘the Program or ‘‘One Register, 47 N.J.R. 1256, June 1, 2015; section 3.8 of the Compact that a project
Permit’’) is intended to promote New York State Register, May 27, 2015 subject to section 3.8 review does not
interagency cooperation and (page 4); and Pennsylvania Bulletin, 45 substantially impair or conflict with the
collaboration on shared mission Pa. B. 2611, May 30, 2015. The Commission’s Comprehensive Plan
objectives, achieve regulatory program Commission held a public hearing on (‘‘the finding’’). Section 401.42(d)(4)
efficiencies, avoid unnecessary the proposal on June 9, 2015 and makes clear that where in accordance
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duplication of effort, and reduce the accepted written comments on the rule with an applicable administrative
potential for confusion on the part of through July 1, 2015. agreement implementing One Permit the
regulated entities and the public finding continues to be made by the
regarding regulatory requirements Rule Highlights Commission, the Signatory Party agency
applicable to projects. Importantly, the Notable aspects of the final rule may include the Commission’s finding
rule expressly preserves the authorities include the following: in the agency’s approval, together with

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Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Rules and Regulations 5587

any conditions identified by the www.drbc.net. These include DRBC posted on DRBC’s Web site at http://
Commission as necessary to support it, Resolution No. 2015–9 approving the www.nj.gov/drbc/library/documents/
thereby achieving a unified permit. final rule, at http://www.nj.gov/drbc/ admin_manual.pdf uses DRBC’s
• The final rule also makes clear (1) library/documents/Res2015-09_ original numbering system, which is
that participation in the program by OPOPwith-final-rule-text.pdf; and the different from that of the CFR. In the
Signatory Party agencies is voluntary; Commission’s detailed comment and original system, the One Permit Program
and (2) that the scope of a Signatory response document, which identifies rules are set forth at new section 2.3.11.
Party Agency’s participation is defined commenters, summarizes comments A list of the CFR units and
by an administrative agreement between
received on the proposal, and sets forth corresponding DRBC units follows. A
DRBC and the agency that has been duly
the Commission’s responses, at http:// complete stand-alone version of the
adopted in accordance with § 401.42(d).
www.nj.gov/drbc/library/documents/ Rules of Practice and Procedure using
Additional Materials OPOP/comment-and-response_ the CFR system will be available on the
Additional materials can be found on OPOP.pdf. The version of the Rules of DRBC Web site shortly.
the Commission’s Web site at Practice and Procedure that is currently

CFR Unit DRBC Unit Title or Caption

Title 18 Conservation of Power and Water Re-
sources.
Chapter III—Delaware River Basin Commission.
Subchapter A—Administrative Manual ............... Administrative Manual [Part II]
Part 401—Rules of Practice and Procedure ...... Rules of Practice and Procedure
Subpart C—Project Review Under Section 3.8 Article 3—Project Review Under Section 3.8
of the Compact. of the Compact.
401.42 ................................................................. 2.3.11 ............................................................... One Permit Program.
401.42(a) ............................................................ 2.3.11 A ............................................................ Purpose.
401.42(b) ............................................................ 2.3.11 B ............................................................ Scope.
401.42(c) ............................................................ 2.3.11 C ........................................................... Regulatory programs.
401.42(d) ............................................................ 2.3.11 D ........................................................... Procedure.
401.42(e) ............................................................ 2.3.11 E ............................................................ Comprehensive Plan projects.
401.42(f) ............................................................. 2.3.11 F ............................................................ Retention of Commission review and enforce-
ment authorities.
401.42(g) ............................................................ 2.3.11 G ........................................................... Exhaustion of Signatory Party administrative
remedies prerequisite to appeal.
401.42(h) ............................................................ 2.3.11 H ........................................................... Fees.
401.42(i) ............................................................. 2.3.11 I ............................................................. Effect of One Permit Program on Commission
dockets.
401.42(j) ............................................................. 2.3.11 J ............................................................ Modification of Rules of Practice and Proce-
dure to conform to this section.
401.42(k) ............................................................ 2.3.11 K ............................................................ No interference with Supreme Court decree.

List of Subjects in 18 CFR Part 401 administrative agency of a Signatory section. For any project that requires an
Administrative practice and Party (‘‘Signatory Party Agency’’) and approval under the Compact that is
procedure, Project review, Water the Commission to coordinate and outside the scope of the Signatory Party
pollution control, Water resources. collaborate in the administration of a Agency’s approval issued in accordance
single process for the review and with an Administrative Agreement
For the reasons set forth in the adjudication of projects. The One Permit under this section, the project sponsor
preamble, the Delaware River Basin Program allows the Signatory Party shall apply to the Commission in
Commission amends part 401 of title 18 Agency and Commission to incorporate accordance with procedures established
of the Code of Federal Regulations as requirements and determinations of by the Commission.
follows: both entities in a single permit or other (c) Regulatory programs. Regulatory
approval instrument, pursuant to a duly programs eligible for administration
PART 401—RULES OF PRACTICE AND
adopted Administrative Agreement under the One Permit Program may
PROCEDURE
under paragraph (d) of this section. include but are not limited to those
■ 1. The authority citation for part 401 (b) Scope. This section applies to all concerning: Basin discharges, Basin
continues to read as follows: projects that: water withdrawals, and Basin flood
(1) Are reviewable under the plain requirements.
Authority: Delaware River Basin Compact (d) Procedure. The categories of
Compact;
(75 Stat. 688), unless otherwise noted.
(2) Meet the thresholds for review set projects covered and the procedures for
Subpart C—Project Review Under forth in § 401.35 of these Rules of processing applications under the One
Section 3.8 of the Compact Practice and Procedure; Permit Program shall be set forth in one
(3) Are subject to review by a or more Administrative Agreements
■ 2. Add § 401.42 to read as follows: Signatory Party Agency under its own between the Commission and the
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statutory authorities; and Signatory Party Agency that have been
§ 401.42 One Permit Program. (4) Are within regulatory programs adopted by the Commission following a
(a) Purpose. The purpose of the One that have been identified in a duly duly noticed public hearing and are in
Permit Program set forth in this section adopted Administrative Agreement form and substance acceptable to the
is to provide the opportunity for the between the Commission and a Commission and the Signatory Party
environmental agency and/or other Signatory Party Agency under this Agency, consistent with the following:

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5588 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Rules and Regulations

(1) Except as provided in paragraphs project not yet included in the (i) Effect of One Permit Program on
(b) and (e) of this section or in an Comprehensive Plan, the project Commission dockets.
Administrative Agreement that has been sponsor shall submit a separate (1) Unless the Executive Director or
duly executed by the Commission and application to the Commission. If Commission otherwise directs, if a
the Signatory Party Agency under this following its review and public hearing docket holder submits, or has
section, an application for initial the Commission approves the addition
submitted, a timely application to a
approval, renewal or revision of any of the project to the Comprehensive
Signatory Party Agency for a project
project subject to the One Permit Plan, the Commission’s approval will
Program shall be filed only with the include such project requirements as are subject to review under an
Signatory Party Agency. necessary under the Compact and Administrative Agreement duly adopted
(2) To enable the Commission to Commission regulations. All other under paragraph (d) of this section, the
compile and make available to the project approvals that may be required most recent docket for the project shall,
public a current list of pending from the Signatory Party Agency or the upon expiration, be deemed
applications for projects within the Commission under regulatory programs administratively continued until final
Basin subject to Commission administered pursuant to this section action is taken in accordance with
jurisdiction, the Signatory Party Agency may be issued through the One Permit paragraph (i)(2) of this section.
shall notify the Commission at least Program. An application for renewal or (2) Unless the Executive Director or
monthly of applications the Signatory modification of a project in the Commission otherwise directs, upon a
Party has received during the preceding Comprehensive Plan that does not Signatory Party Agency’s final action on
month that may be eligible for review change the project so substantially as to an application for a project subject to
under the One Permit Program. render it a new and different project the One Permit Program:
(3) For those categories of projects may be submitted only to the Signatory
identified in the Administrative Party Agency unless otherwise specified (i) Any existing or administratively
Agreement as requiring Commission in the Administrative Agreement. continued docket for such project shall
input, the Commission staff shall (f) Retention of Commission review terminate as to all of its provisions and
provide the Signatory Party Agency and enforcement authorities. conditions that pertain to regulatory
with such input, including where Notwithstanding any other provision of programs administered by the Signatory
specified by the Administrative this section, any Commissioner or the Party Agency under the Administrative
Agreement, a recommendation as to any Executive Director may designate for Agreement (‘‘the Covered Programs’’);
conditions of approval that may be Commission review any project that is and
necessary or appropriate to include in reviewable under the Compact. Nothing (ii) The docket shall continue in effect
the project review determination under in this section shall limit the authority as to any provisions and conditions not
Section 3.8 of the Compact as to those of the Commission to exercise its review pertaining only to Covered Programs,
regulatory programs identified in an authority under the Compact and including, as applicable, the
Administrative Agreement in applicable Commission regulations. incorporation of the project in the
accordance with paragraph (b) of this Similarly, although Administrative Commission’s Comprehensive Plan.
section. Agreements executed pursuant to this
(4) Unless the Signatory Party Agency section may include collaborative and (j) Modification of rules of practice
disapproves the project or the cooperative compliance and and procedure to conform to this
Administrative Agreement provides for enforcement procedures, nothing in this section. Any project subject to review
separate Commission action under section shall limit the authority of the under an Administrative Agreement
Section 3.8 of the Compact, the Commission to exercise its enforcement duly adopted under paragraph (d) of
Signatory Party Agency shall make the authority under the Compact and this section, shall be governed by this
project review determination under applicable regulations. section and not §§ 401.4, 401.5, 401.6,
Section 3.8 of the Compact, as specified (g) Exhaustion of Signatory Party 401.8, 401.34(a), (c) and (e), 401.37,
in the Administrative Agreement, as to administrative remedies prerequisite to 401.38 and 18 CFR part 401, subpart F,
the regulatory program covered by the appeal. Before commencing an action in where they are inconsistent with the
Signatory Party Agency’s approval and a court of appropriate jurisdiction procedures provided in this section.
include the determination and any challenging any final action taken by a (k) No interference with Supreme
associated conditions of approval Signatory Party Agency under this
Court decree. In accordance with
within the permit or other approval section, the appellant must first exhaust
Sections 3.3(a) and 3.5 of the Compact,
instrument that it issues to the project its administrative remedies under the
nothing in this section shall grant the
sponsor. If in accordance with the law of the Signatory Party whose agency
issued the decision at issue. authority to any Signatory Party Agency
applicable Administrative Agreement
(h) Fees. The Commission shall to impair, diminish or otherwise
the determination under Section 3.8 of
the Compact is made by the establish and maintain a schedule of adversely affect the diversions,
Commission, the Signatory Party fees for any or all of the services it compensating releases, rights,
Agency may include the determination renders pursuant to this section. The conditions, obligations and provisions
together with any associated conditions applicable fee(s) for Commission for administration thereof provided in
of approval in its permit or other services rendered pursuant to this the United States Supreme Court decree
approval instrument covering the section shall be those set forth in DRBC in New Jersey v. New York, 347 U.S. 995
project. Resolution No. 2009-2 (available at (1954) (‘‘Decree’’). Any such action shall
(5) The Commission will maintain on http://www.nj.gov/drbc/library/ be taken only by the Commission with
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its Web site a list of all projects being documents/Res2009-2.pdf) for the the unanimous consent of the parties to
administered pursuant to the Program. review and renewal of project the Decree or upon unanimous consent
(e) Comprehensive Plan projects. approvals. Project sponsors shall pay of the members of the Commission
Articles 11 and 13 of the Compact such fees, if any, directly to the following a declaration of a state of
require certain projects to be included Commission in accordance with the emergency in accordance with Section
in the Comprehensive Plan. To add a current schedule and applicable rules. 3.3(a) of the Compact.

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Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Rules and Regulations 5589

Dated: January 15, 2016. names for specific FDA offices. The 172.864, 172.886, 173.375, 177.1345,
Pamela M. Bush, amendments are as follows: 177.1585, 177.1637, 178.1010, 184.1007,
Commission Secretary and Assistant General • We are revising §§ 73.165, 73.585, 184.1257, 184.1259, 184.1282, 184.1293,
Counsel. 165.110, and 173.300 to update the 184.1472, 184.1530, 184.1699, 184.1979,
[FR Doc. 2016–02048 Filed 2–2–16; 8:45 am] library address from ‘‘Center for Food 184.1979a, 184.1979b, and 184.1979c to
BILLING CODE 6360–01–P
Safety and Applied Nutrition’s Library, update the library address from ‘‘Center
5100 Paint Branch Pkwy., College Park, for Food Safety and Applied Nutrition’s
MD’’ to ‘‘Food and Drug Library, Food and Drug Administration,
Administration’s Main Library, 10903 5100 Paint Branch Pkwy., College Park,
DEPARTMENT OF HEALTH AND New Hampshire Ave., Bldg. 2, Third MD 20740’’ to ‘‘Food and Drug
HUMAN SERVICES Floor, Silver Spring, MD 20993, 301– Administration’s Main Library, 10903
796–2039’’. New Hampshire Ave., Bldg. 2, Third
Food and Drug Administration • We are revising §§ 101.4, Floor, Silver Spring, MD 20993, 301–
101.81(c)(2)(ii)(A) introductory text and 796–2039’’.
21 CFR Parts 73, 101, 118, 165, 172, (B)(1) and (2), 101.83, 165.110, 172.155,
173, 177, 178, 184, 189, 589, and 700 • We are revising §§ 172.167 and
172.785, 172.833, 173.25, 173.45, 173.356 to update the library address
173.340, 173.357, 173.370, 177.1350, from ‘‘Center for Food Safety and
[Docket No. FDA–2015–N–0011]
177.1360, 177.1390, 177.1520, 177.2600, Applied Nutrition’s Library, Food and
Center for Food Safety and Applied 178.3297, 184.1063, 184.1148, 184.1150, Drug Administration, 5100 Paint Branch
Nutrition Library Address; Technical 184.1250, 184.1387, 184.1420, 184.1444, Pkwy., College Park, MD 20740, 301–
Amendments 184.1866, 189.5, 589.2001, and 700.27 436–2163’’ to ‘‘Food and Drug
to update the library address from Administration’s Main Library, 10903
AGENCY: Food and Drug Administration, ‘‘Center for Food Safety and Applied New Hampshire Ave., Bldg. 2, Third
HHS. Nutrition’s Library, 5100 Paint Branch Floor, Silver Spring, MD 20993, 301–
Final rule; technical
ACTION: Pkwy., College Park, MD 20740’’ to 796–2039’’.
‘‘Food and Drug Administration’s Main
amendments. • We are revising § 172.736 to update
Library, 10903 New Hampshire Ave.,
the library address from ‘‘in the library
SUMMARY: The Food and Drug Bldg. 2, Third Floor, Silver Spring, MD
at the Center for Food Safety and
Administration (FDA or we) is 20993, 301–796–2039’’.
• We are revising § 101.80 to update Applied Nutrition, 5100 Paint Branch
amending certain regulations to update
the library address from ‘‘Center for Pkwy., College Park, MD 20740’’ to ‘‘at
the location of references cited in our
Food Safety and Applied Nutrition’s the Food and Drug Administration’s
food regulations. We are taking this
Library, Harvey W. Wiley Federal Main Library, 10903 New Hampshire
action to reflect the transfer of those
Building, 5100 Paint Branch Pkwy., Ave., Bldg. 2, Third Floor, Silver Spring,
references from our facility in College
College Park, MD’’ to ‘‘Food and Drug MD 20993, 301–796–2039’’.
Park, MD, to our library at our main
Administration’s Main Library, 10903 • We are revising § 172.829 to update
campus in Silver Spring, MD. We also
New Hampshire Ave., Bldg. 2, Third the library address from ‘‘Center for
are updating certain regulations to
Floor, Silver Spring, MD 20993, 301– Food Safety and Applied Nutrition’s
reflect the current names for specific
796–2039’’. Library, 5100 Paint Branch Pkwy., rm.
FDA offices.
• We are revising 1C–100, College Park, MD 20740’’ to
DATES: This rule is effective February 3, ‘‘Food and Drug Administration’s Main
2016. § 101.81(c)(2)(ii)(A)(5) to update the
library address from ‘‘Center for Food Library, 10903 New Hampshire Ave.,
FOR FURTHER INFORMATION CONTACT: Bldg. 2, Third Floor, Silver Spring, MD
Safety and Applied Nutrition Library,
Philip L. Chao, Center for Food Safety 5100 Paint Branch Pkwy., College Park, 20993, 301–796–2039’’.
and Applied Nutrition (HFS–024), Food MD 20740’’ to ‘‘Food and Drug • We are revising § 173.325 to update
and Drug Administration, 5100 Paint Administration’s Main Library, 10903 the library address from ‘‘Center for
Branch Pkwy., College Park, MD 20740– New Hampshire Ave., Bldg. 2, Third Food Safety and Applied Nutrition’s
3835, 240–402–2112. Floor, Silver Spring, MD 20993, 301– Library, 5100 Paint Branch Pkwy.,
SUPPLEMENTARY INFORMATION: Various 796–2039’’. College Park, MD 20740 20204–0001’’ to
regulations pertaining to human food • We are revising §§ 118.8 and ‘‘Food and Drug Administration’s Main
have incorporated materials by 165.110 to update the library address Library, 10903 New Hampshire Ave.,
reference. In general, the regulations from ‘‘Center for Food Safety and Bldg. 2, Third Floor, Silver Spring, MD
have identified a library at the Center Applied Nutrition’s Library, 5100 Paint 20993, 301–796–2039’’.
for Food Safety and Applied Nutrition Branch Pkwy., College Park, MD, 301– • We are revising § 184.1311 to
(CFSAN), which was (at the time the 436–2163’’ to ‘‘Food and Drug update the library address from ‘‘Center
regulations were published) located in Administration’s Main Library, 10903 for Food Safety and Applied Nutrition’s
Washington, DC, or in College Park, MD. New Hampshire Ave., Bldg. 2, Third library, 5100 Paint Branch Pkwy.,
We recently consolidated our library Floor, Silver Spring, MD 20993, 301– College Park, MD 20740’’ to ‘‘Food and
holdings at our main campus in Silver 796–2039’’. Drug Administration’s Main Library,
Spring, MD. Consequently, we are • We are revising § 165.110 to update 10903 New Hampshire Ave., Bldg. 2,
making technical amendments to our the library address from ‘‘Center for Third Floor, Silver Spring, MD 20993,
regulations at parts 73, 101, 118, 165, Food Safety and Applied Nutrition’s 301–796–2039’’.
172, 173, 177, 178, 184, 189, 589, and Library, 200 C St. NW., Washington DC’’ • We are revising
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700 (21 CFR parts 73, 101, 118, 165, to ‘‘Food and Drug Administration’s § 101.83(c)(2)(ii)(A)(2) and
172, 173, 177, 178, 184, 189, 589, and Main Library, 10903 New Hampshire (c)(2)(ii)(B)(2), to remove the words
700) to state that the materials can be Ave., Bldg. 2, Third Floor, Silver Spring, ‘‘Office of Nutritional Products,
found at the FDA Library in Silver MD 20993, 301–796–2039’’. Labeling, and Dietary Supplements,
Spring, MD. We also are updating • We are revising §§ 165.110, Division of Nutrition Science and
certain regulations to reflect the current 172.723, 172.736, 172.804, 172.809, Policy,’’ and in their place add ‘‘Office

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Document Created: 2016-02-03 00:40:11
Document Modified: 2016-02-03 00:40:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule will be effective March 4, 2016.
Contact		Technical information: David Kovach, 609-477-7264. Legal information: Pamela Bush, 609-477-7203.
FR Citation		81 FR 5585
CFR Associated		Administrative Practice and Procedure; Project Review; Water Pollution Control and Water Resources