[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Rules and Regulations]
[Pages 15909-15910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06323]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Rules
and Regulations
[[Page 15909]]
SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Part 806
Review and Approval of Projects
AGENCY: Susquehanna River Basin Commission.
ACTION: Final rule.
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SUMMARY: This document contains final rules that would amend the
project review regulations of the Susquehanna River Basin Commission
(Commission) to modify provisions relating to the issuance of emergency
certificates by the Executive Director.
DATES: Effective June 1, 2014.
ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street,
Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel,
telephone: 717-238-0423, ext. 1306; fax: 717-238-2436; email:
[email protected]. Also, for further information on the final rulemaking,
visit the Commission's Web site at www.srbc.net.
SUPPLEMENTARY INFORMATION:
Comments and Responses to Proposed Rulemaking
Notice of proposed rulemaking was published in the Federal Register
on December 26, 2012 (77 FR 75915); the New York Register on January 2,
2013; the Pennsylvania Bulletin on February 2, 2013; and the Maryland
Register on January 11, 2013. The Commission convened a public hearing
on February 14, 2013, in Harrisburg, Pennsylvania and a written comment
period was held open through February 25, 2013. In addition to
proposing modifications to 18 CFR 806.34, the Commission regulation
authorizing the issuance of emergency certificates, the proposed
rulemaking also advanced a new provision to include in the Commission's
project review regulations that would impose limitations on surface and
groundwater withdrawals in headwater areas. The Commission received
numerous comments on the headwaters proposal. The Commission continues
to evaluate those comments and will make an appropriate determination
at a future date. Meanwhile, however, for the reasons articulated in
the proposed rulemaking notice, the Commission is now proceeding with
finalization of the provision in the proposed rulemaking related to the
issuance of emergency certificates under 18 CFR 806.34.
The two main comments received on the proposed modifications to the
emergency regulation were as follows:
1. The criteria for issuance of an emergency certificate should not
be limited to human health and safety, or that of livestock, but should
include all animal, aquaculture, agronomic, and horticultural
operations for the production of fiber or forage crops.
2. Preservation of employment should be an additional consideration
in the issuance of an emergency certificate.
The Commission has made revisions to the final rules in response to
these comments, by including the protection of food, fiber or forage
crops and the avoidance of significant disruptions in employment as
eligible criteria.
List of Subjects in 18 CFR Part 806
Administrative practice and procedure, Water resources.
Accordingly, for the reasons set forth in the preamble, the
Susquehanna River Basin Commission amends 18 CFR part 806 as follows:
PART 806--REVIEW AND APPROVAL OF PROJECTS
0
1. The authority citation for Part 806 continues to read as follows:
Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and 15.2, Pub. L. 91-
575, 84 Stat. 1509 et seq.
Subpart D--Terms and Conditions of Approval
0
2. In Sec. 806.34, revise paragraphs (a), (b) introductory text,
(b)(2) introductory text, and (b)(2)(iii) to read as follows:
Sec. 806.34 Emergencies.
(a) Emergency certificates. The other requirements of these
regulations notwithstanding, in the event of an emergency requiring
immediate action to protect the public health, safety and welfare or to
avoid substantial and irreparable injury to any person, property, or
water resources when circumstances do not permit a review and
determination in the regular course of the regulations in this part,
the Executive Director, with the concurrence of the chairperson of the
Commission and the commissioner from the affected member state, may
issue an emergency certificate authorizing a project sponsor to take
such action as the Executive Director may deem necessary and proper in
the circumstances, pending review and determination by the Commission
as otherwise required by this part. In the exercise of such authority,
consideration should be given to actions deemed necessary to sustain
human life, health and safety, or that of livestock or food, fiber or
forage crops, the maintenance of electric system reliability to serve
such needs, to avoid significant disruption of employment, or any other
such priorities that the Commission may establish from time to time
utilizing its authority under Section 11.4 of the Compact related to
drought emergencies.
(b) Notification and application. A project sponsor shall notify
the Commission, prior to commencement of the project, that an emergency
certificate is needed. In the case of a project operating under an
existing Commission approval seeking emergency approval to modify,
waive or partially waive one or more conditions of such approval,
notice shall be provided to the Commission prior to initiating the
operational changes associated with the request. If immediate action,
as defined by this section, is required by a project sponsor and prior
notice to the Commission is not possible, then the project sponsor must
contact the Commission within one (1) business day of the action.
Notification may be by certified mail, facsimile, telegram, mailgram,
electronic mail or other form of written communication. This
notification must be followed within one (1) business day by submission
of the following:
* * * * *
(2) At a minimum, the application shall contain:
* * * * *
(iii) Location map and schematic of proposed project, or in the
case of a
[[Page 15910]]
project operating under an existing Commission approval, the project
approval reference and a description of the operational changes
requested.
* * * * *
Dated: March 17, 2014.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2014-06323 Filed 3-21-14; 8:45 am]
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