[Federal Register Volume 72, Number 166 (Tuesday, August 28, 2007)]
[Notices]
[Pages 49268-49269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4234]


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DELAWARE RIVER BASIN COMMISSION


Interim Action Concerning Operation of the New York City Delaware 
Basin Reservoirs Pending Rulemaking To Implement a Flexible Flow 
Management Program

AGENCY: Delaware River Basin Commission.

ACTION: Notice.

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SUMMARY: The Delaware River Basin Commission (``Commission'' or DRBC) 
will hold a public hearing to receive comments on an interim New York 
City Delaware River Basin reservoir operations plan. An interim 
operations plan is proposed to be implemented pending unanimous 
agreement on a revised Flexible Flow Management Program (FFMP) proposal 
by the Parties to the U.S. Supreme Court Decree of 1954--the states of 
Delaware, New Jersey, and New York, the Commonwealth of Pennsylvania 
and the City of New York--and completion by the Commission of a 
rulemaking process on such FFMP proposal.

DATES: The public hearing will take place on Wednesday, September 26, 
2007 during the Commission's regular business meeting, beginning at 
1:30 p.m. Written comments will be accepted through the close of the 
public hearing; however, earlier submittals would be appreciated. 
Persons wishing to testify are asked to register in advance with the 
Commission Secretary at (609) 883-9500 ext. 203. All written comments 
submitted to the Commission during the prior comment period, or 
presented orally or in writing at its prior scheduled hearings on the 
form of the FFMP that was posted on the Commission's Web site in 
February 2007 will be included in the administrative record for this 
action and need not be resubmitted.

ADDRESSES: The public hearing will take place at the Commission's 
office building, located at 25 State Police Drive, West Trenton, New 
Jersey. Directions are available on the Commission's Web site, http://www.drbc.net. Please do not rely upon MapQuest or other Internet 
mapping services for driving directions, as they may not provide 
accurate directions to the DRBC. Written comments may be submitted by 
e-mail to <a href="/cdn-cgi/l/email-protection#abdbcadec7ca85d8c8c3c6c2dfdfebcfd9c9c885d8dfcadfce85c5c185ded8"><span class="__cf_email__" data-cfemail="b0c0d1c5dcd19ec3d3d8ddd9c4c4f0d4c2d2d39ec3c4d1c4d59ededa9ec5c3">[email protected]</span></a>; by U.S. Mail to Commission 
Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628-0360; or by fax 
to 609-883-9522. In all cases, the commenter's name, affiliation, and 
address should be provided in the comment document, and ``FFMP'' should 
appear in the subject line.

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact Pamela M. Bush, Commission Secretary and Assistant General 
Counsel, DRBC, at 609-883-9500 ext. 203.

SUPPLEMENTARY INFORMATION: The Decree Parties have considered the broad 
range of public comments received on an initial FFMP proposal published 
in February 2007. With the administrative support of the DRBC staff and 
the Delaware River Master, the Parties continue to work towards a 
consensus proposal that incorporates changes made in response to those 
comments. The Parties' efforts are now focused on completing 
negotiations by early September 2007. In order to be implemented by the 
DRBC, the relevant portions of any revised FFMP proposal developed by 
the Parties must be promulgated as a rule or adjudicated in a docket by 
incorporating them into (a) Amendments to the DRBC's Water Code; (b) 
one or more DRBC dockets (similar to permits) or docket revisions; or 
(c) a combination of Water Code amendments and dockets. The DRBC's 
Comprehensive Plan may also require revision.
    Insufficient time remains to complete a full notice and comment 
rulemaking process before the Commission's next public meeting and 
hearing on September 26, 2007. Thus, if the Parties reach consensus on 
a revised FFMP on or before September 26, the Commission will consider 
approving an interim New York City Delaware River Basin reservoir 
operations plan on September 26 to be implemented pending completion of 
a rulemaking process on the revised FFMP. Such interim action could 
consist of (1) Extending the current fisheries management program 
(Revision 7 of Docket D-77-20 CP); (2) reinstating a previous flow 
regime; or (3) implementing in whole or in part the consensus FFMP as 
proposed on an interim basis.
    If the Commission acts to extend the current fisheries management 
program or to reinstate a previous flow regime, such program will be 
considered in combination with a spill mitigation program such as 
Revision 9 of Docket D-77-20 CP, which is currently in effect, and a 
program designed to ameliorate the potential effects on the tailwaters 
fishery of the Lake Wallenpaupack drought operating plan adopted by 
Resolution No. 2002-33. Any interim operations program that the 
Commission selects would be implemented simultaneously with a full 
notice and comment rulemaking process on rules to implement any FFMP 
proposal unanimously consented to by the Decree Parties. An interim 
program approved by the Commission and the Decree Parties would 
continue in effect until any expiration date contained in the program 
adopted or unless and until replaced by another program that has been 
approved by the Commission and the Decree Parties following notice and 
a public hearing.
    In the event consensus is not reached on the FFMP on or before the 
Commission's meeting on September 26, the Commission will consider 
options 1 and 2 above. In accordance with section 3.3 of the Delaware 
River Basin Compact, 75 Statutes at Large 688, any program of the 
Commission that affects the diversions, compensating releases, rights, 
conditions, and obligations of the 1954 Supreme Court Decree in the 
matter of New Jersey v. New York, 347 U.S. 995, 74 S. Ct. 842 also 
requires the unanimous consent of the Decree Parties.
    The current reservoir releases program, established by Resolution 
No. 2004-3, and the current spill mitigation program, established by 
Resolution No. 2006-18, both were due to expire on May 31, 2007. In 
light of ongoing efforts by the Decree Parties to develop a revised 
consensus FFMP proposal, the Commission extended both programs through 
September 30, 2007 by Resolution No. 2007-7 on May 10, 2007.
    A notice concerning the original FFMP proposal of the Decree 
Parties appeared in the Federal Register on February 12, 2007 (72 FR 
6509).

[[Page 49269]]

    All resolutions and docket approvals relating to operation of the 
New York City Delaware Basin Reservoirs are available on the 
Commission's Web site at http://www.drbc.net or upon request from the 
Delaware River Basin Commission, P.O. Box 7360, West Trenton, NJ 08628-
0360.

    Dated: August 22, 2007.
Pamela M. Bush,
Commission Secretary.
 [FR Doc. 07-4234 Filed 8-24-07; 9:28 am]
BILLING CODE 6360-01-P


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