82 FR 26989 - Regulatory Program Fees and Water Charges Rates

DELAWARE RIVER BASIN COMMISSION

Federal Register Volume 82, Issue 112 (June 13, 2017)

Page Range		26989-26990
FR Document		2017-12233

Notice is provided of the Commission's regulatory program fees and schedule of water charges for the fiscal year beginning July 1, 2017. The Commission is also correcting two footnotes in the regulations which cite incorrectly to the applicable CPI data series.

Federal Register, Volume 82 Issue 112 (Tuesday, June 13, 2017)

[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Rules and Regulations]
[Pages 26989-26990]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-12233]

[[Page 26989]]

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DELAWARE RIVER BASIN COMMISSION

18 CFR Parts 401 and 420

Regulatory Program Fees and Water Charges Rates

AGENCY: Delaware River Basin Commission.

ACTION: Final rule.

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SUMMARY: Notice is provided of the Commission's regulatory program fees
and schedule of water charges for the fiscal year beginning July 1,
2017. The Commission is also correcting two footnotes in the
regulations which cite incorrectly to the applicable CPI data series.

DATES: This final rule is effective July 1, 2017.

FOR FURTHER INFORMATION CONTACT: Elba L. Deck, CPA, Director of
Administration and Finance, 609-883-9500, ext. 201.

SUPPLEMENTARY INFORMATION: 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 on behalf of the federal government, the
North Atlantic Division Commander of the U.S. Army Corps of Engineers.
In accordance with 18 CFR 401.43(c), on July 1 of every year
beginning July 1, 2017, the Commission's regulatory program fees as set
forth in Tables 1, 2, and 3 of that section are subject to an annual
adjustment, 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. Pursuant to 18 CFR
420.43(c), the same indexed adjustment applies to the Commission's
schedule of water charges for consumptive and non-consumptive
withdrawals of surface water within the basin. The referenced April 12-
month CPI for 2017 showed an increase of 1.27%. Commensurate
adjustments are thus required.
This notice is made in accordance with 18 CFR 401.42(c) and 18 CFR
420.42(c), which provide that a revised fee schedule will be published
in the Federal Register by July 1. The revised fees also may be
obtained by contacting the Commission during business hours or by
checking the Commission's Web site.
The Commission is also correcting two footnotes in the regulations
which cite incorrectly to the applicable CPI data series as
CWURA102SA0. The correct data series number is CUUA102SA0. The
regulations are thus incorrect and in need of amendment, as set forth
below.

List of Subjects

18 CFR Part 401

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

18 CFR Part 420

Water supply.

For the reasons set forth in the preamble, the Delaware River Basin
Commission amends parts 401 and 420 of title 18 of the Code of Federal
Regulations as set forth below:

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. In Sec. 401.43, revise footnote 1 and Tables 1, 2, and 3 to read as
follows:

Sec. 401.43 Regulatory program fees.

* * * * *
\1\ Consumer Price Index -U/Series ID: CUURA102SA0/Not Seasonally
Adjusted/Area: Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD/Item:
All items/Base Period 1982-84=100.
* * * * *

Table 1 to Sec. 401.43--Docket Application Filing Fee
----------------------------------------------------------------------------------------------------------------
Docket
Project type application fee Fee maximum
----------------------------------------------------------------------------------------------------------------
Water Allocation............. $405 per Greater of: $15,190 \1\ or Alternative Review Fee.
million
gallons/month
of
allocation,\1\
not to exceed
$15,190.\1\
Fee is doubled
for any
portion to be
exported from
the basin.
Wastewater Discharge......... Private Alternative Review Fee.
projects:
$1,013 \1\.
Public
projects: $506
\1\.
Other........................ 0.4% of project Greater of: $75,951 \1\ or Alternative Review Fee.
cost up to
$10,000,000
plus 0.12% of
project cost
above
$10,000,000
(if
applicable),
not to exceed
$75,951 \1\.
----------------------------------------------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of this section.

Table 2 to Sec. 401.43--Annual Monitoring and Coordination Fee
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Annual fee Allocation
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Water Allocation.............................. \1\ $304 <4.99 mgm.
\1\ 456 5.00 to 49.99 mgm.
\1\ 658 50.00 to 499.99 mgm.
\1\ 835 500.00 to 9,999.99 mgm.
\1\ 1,013 >or = to 10,000 mgm.
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Annual fee Discharge design capacity
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Wastewater Discharge.......................... \1\ $304 <0.05 mgd.
\1\ 618 0.05 to 1 mgd.
\1\ 830 1 to 10 mgd.

[[Page 26990]]

Annual fee Discharge design capacity
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\1\ 1,013 >10 mgd.
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\1\ Subject to annual adjustment in accordance with paragraph (c) of this section.

Table 3 to Sec. 401.43--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..................... .........................................
Modification of a DRBC Approval......... At Executive Director's Alternative Review Fee.
discretion, Docket
Application Fee for the
appropriate project type.
Name change............................. $1,013 \1\................. .........................................
Change of Ownership..................... $1,519 \1\................. .........................................
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\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. In Sec. 420.41, revise paragraphs (a) and (b) and footnote 1 to
read as follows:

Sec. 420.41 Schedule of water charges.

* * * * *
(a) $81.01 per million gallons for consumptive use, subject to
paragraph (c) of this section; and
(b) $0.81 per million gallons for non-consumptive use, subject to
paragraph (c) of this section.
* * * * *
\1\ Consumer Price Index--U/Series ID: CUURA102SA0/Not Seasonally
Adjusted/Area: Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD/Item:
All items/Base Period 1982-84=100.

Dated: June 7, 2017.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2017-12233 Filed 6-12-17; 8:45 am]
BILLING CODE 6360-01-P

Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Rules and Regulations 26989

DELAWARE RIVER BASIN Division Commander of the U.S. Army List of Subjects
COMMISSION Corps of Engineers.
18 CFR Part 401
In accordance with 18 CFR 401.43(c),
18 CFR Parts 401 and 420 on July 1 of every year beginning July Administrative practice and
1, 2017, the Commission’s regulatory procedure, Project review, Water
Regulatory Program Fees and Water program fees as set forth in Tables 1, 2, pollution control, Water resources.
Charges Rates and 3 of that section are subject to an
18 CFR Part 420
AGENCY: Delaware River Basin annual adjustment, commensurate with
Commission. any increase in the annual April 12- Water supply.
month Consumer Price Index (CPI) for For the reasons set forth in the
ACTION: Final rule.
Philadelphia published by the U.S. preamble, the Delaware River Basin
SUMMARY: Notice is provided of the Bureau of Labor Statistics during that Commission amends parts 401 and 420
Commission’s regulatory program fees year. Pursuant to 18 CFR 420.43(c), the of title 18 of the Code of Federal
and schedule of water charges for the same indexed adjustment applies to the Regulations as set forth below:
fiscal year beginning July 1, 2017. The Commission’s schedule of water charges
Commission is also correcting two for consumptive and non-consumptive PART 401—RULES OF PRACTICE AND
footnotes in the regulations which cite withdrawals of surface water within the PROCEDURE
incorrectly to the applicable CPI data basin. The referenced April 12-month
series. CPI for 2017 showed an increase of ■ 1. The authority citation for part 401
1.27%. Commensurate adjustments are continues to read as follows:
DATES: This final rule is effective July 1, thus required.
2017. Authority: Delaware River Basin Compact
This notice is made in accordance (75 Stat. 688), unless otherwise noted.
FOR FURTHER INFORMATION CONTACT: Elba with 18 CFR 401.42(c) and 18 CFR
L. Deck, CPA, Director of 420.42(c), which provide that a revised Subpart C—Project Review Under
Administration and Finance, 609–883– fee schedule will be published in the Section 3.8 of the Compact
9500, ext. 201. Federal Register by July 1. The revised
SUPPLEMENTARY INFORMATION: The fees also may be obtained by contacting ■ 2. In § 401.43, revise footnote 1 and
Delaware River Basin Commission the Commission during business hours Tables 1, 2, and 3 to read as follows:
(‘‘DRBC’’ or ‘‘Commission’’) is a or by checking the Commission’s Web
§ 401.43 Regulatory program fees.
Federal-interstate compact agency site.
charged with managing the water The Commission is also correcting * * * * *
1 Consumer Price Index –U/Series ID:
resources of the Delaware River Basin two footnotes in the regulations which
on a regional basis without regard to cite incorrectly to the applicable CPI CUURA102SA0/Not Seasonally
political boundaries. Its members are data series as CWURA102SA0. The Adjusted/Area: Philadelphia-
the governors of the four basin states— correct data series number is Wilmington-Atlantic City, PA–NJ–DE–
Delaware, New Jersey, New York and CUUA102SA0. The regulations are thus MD/Item: All items/Base Period 1982–
Pennsylvania—and on behalf of the incorrect and in need of amendment, as 84=100.
federal government, the North Atlantic set forth below. * * * * *

TABLE 1 TO § 401.43—DOCKET APPLICATION FILING FEE
Project type Docket application fee Fee maximum

Water Allocation ........... $405 per million gallons/month of allocation,1 not to exceed Greater of: $15,190 1 or Alternative Review Fee.
$15,190.1 Fee is doubled for any portion to be exported
from the basin.
Wastewater Discharge Private projects: $1,013 1 ........................................................... Alternative Review Fee.
Public projects: $506 1 ................................................................
Other ............................ 0.4% of project cost up to $10,000,000 plus 0.12% of project Greater of: $75,951 1 or Alternative Review Fee.
cost above $10,000,000 (if applicable), not to exceed
$75,951 1.
1 Subject to annual adjustment in accordance with paragraph (c) of this section.

TABLE 2 TO § 401.43—ANNUAL MONITORING AND COORDINATION FEE

Annual fee Allocation

Water Allocation ...................................................................................................................................... 1 $304 <4.99 mgm.
1 456 5.00 to 49.99 mgm.
1 658 50.00 to 499.99 mgm.
1 835 500.00 to 9,999.99 mgm.
1 1,013 >or = to 10,000 mgm.
nlaroche on DSK30NT082PROD with RULES

Annual fee Discharge design
capacity

Wastewater Discharge ............................................................................................................................ 1 $304 <0.05 mgd.
1 618 0.05 to 1 mgd.
1 830 1 to 10 mgd.

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26990 Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Rules and Regulations

TABLE 2 TO § 401.43—ANNUAL MONITORING AND COORDINATION FEE—Continued
Annual fee Discharge design
capacity
1 1,013 >10 mgd.
1 Subject to annual adjustment in accordance with paragraph (c) of this section.

TABLE 3 TO § 401.43—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 ................................................................................
Modification of a DRBC Approval ...................................... At Executive Director’s discretion, Docket Application Alternative Review Fee.
Fee for the appropriate project type.
Name change ..................................................................... $1,013 1 ..............................................................................
Change of Ownership ........................................................ $1,519 1 ..............................................................................
1 Subject to annual adjustment in accordance with paragraph (c) of this section.

PART 420—BASIN REGULATIONS— Benefit Guaranty Corporation that Background
WATER SUPPLY CHARGES governs the examination and copying of The Pension Benefit Guaranty
PBGC records. Corporation (PBGC) is amending its
■ 3. The authority citation for part 420
DATES: regulation on Examination and Copying
continues to read as follows:
Effective date: June 13, 2017. of PBGC Records (29 CFR part 4901)
Authority: Delaware River Basin Compact, Applicability date: Like the provisions (FOIA regulation) to incorporate
75 Stat. 688. statutory changes to the Freedom of
of the FOIA Improvement Act of 2016
■ 4. In § 420.41, revise paragraphs (a) that this rule incorporates, and which Information Act (5 U.S.C. 551 et seq.)
and (b) and footnote 1 to read as PBGC has been following since the Act (FOIA). The majority of the regulatory
follows: became effective on June 30, 2016, the changes are specifically required by the
amendments in this rule apply to FOIA Improvement Act of 2016 (2016
§ 420.41 Schedule of water charges.
requests for records under the Freedom Act). Section 3 of the 2016 Act requires
* * * * * of Information Act that are made after federal agencies to review their FOIA
(a) $81.01 per million gallons for regulations and to make conforming
consumptive use, subject to paragraph June 30, 2016.
FOR FURTHER INFORMATION CONTACT:
amendments, as necessary, to
(c) of this section; and incorporate the 2016 Act’s changes to
(b) $0.81 per million gallons for non- Samantha M. Lowen (lowen.samantha@
consumptive use, subject to paragraph pbgc.gov), Attorney, Regulatory Affairs the FOIA. In addition to the changes
(c) of this section. Group, Office of the General Counsel, required under the 2016 Act, PBGC is
Pension Benefit Guaranty Corporation, making one other amendment to its
* * * * * FOIA regulation that incorporates a
1 Consumer Price Index—U/Series ID: 1200 K Street NW., Washington, DC
20005–4026; 202–326–4400, extension previous statutory change under the
CUURA102SA0/Not Seasonally
3786. (TTY and TDD users may call the Open Government Act of 2007 (2007
Adjusted/Area: Philadelphia-
Federal relay service toll-free at 800– Act).
Wilmington-Atlantic City, PA–NJ–DE–
MD/Item: All items/Base Period 1982– 877–8339 and ask to be connected to Regulatory Changes
84=100. 202–326–4400, extension 3786.)
Electronic Reading Room
Dated: June 7, 2017. SUPPLEMENTARY INFORMATION:
PBGC is amending §§ 4901.3, 4901.4,
Pamela M. Bush, Executive Summary and 4901.5 of its FOIA regulation by
Commission Secretary. replacing the references to PBGC’s
[FR Doc. 2017–12233 Filed 6–12–17; 8:45 am]
Purpose of the Rule
‘‘public reference room’’ with references
BILLING CODE 6360–01–P This rule is needed to incorporate to its ‘‘electronic reading room.’’
changes to the Freedom of Information Before the 2016 Act, the FOIA
Act made by the FOIA Improvement Act required agencies to affirmatively make
PENSION BENEFIT GUARANTY of 2016. Authority for this rule is certain categories of records ‘‘available
CORPORATION provided by section 4002(b)(3) of the for public inspection and copying’’
Employee Retirement Income Security without prompting by formal request.
29 CFR Part 4901 Act of 1974 and the FOIA Improvement Like most agencies, PBGC complied
RIN 1212–AB43 Act of 2016. with this requirement by maintaining a
physical ‘‘reference room’’ to house
Examination and Copying of PBGC Major Provisions of the Rule
these records (and indices thereto),
Records This rule provides for an electronic which members of the public could
nlaroche on DSK30NT082PROD with RULES

AGENCY: Pension Benefit Guaranty reading room for records, expands the inspect and copy in person. The e-FOIA
Corporation. categories of records in the reading Amendments of 1996 (1996 Act)
ACTION: Final rule.
room, updates the standard for provided that agencies could
disclosure, requires additional notice to supplement or entirely replace their
SUMMARY: In accordance with the FOIA requesters about FOIA resources, physical reading rooms with electronic
Improvement Act of 2016, this rule extends the appeal deadline, and places reading rooms, where members of the
amends the regulation of the Pension restrictions on fees. public could access the affirmatively

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Document Created: 2017-06-13 00:22:13
Document Modified: 2017-06-13 00:22:13

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 is effective July 1, 2017.
Contact		Elba L. Deck, CPA, Director of Administration and Finance, 609-883-9500, ext. 201.
FR Citation		82 FR 26989
CFR Citation		18 CFR 401 18 CFR 420
CFR Associated		Administrative Practice and Procedure; Project Review; Water Pollution Control; Water Resources and Water Supply