66722 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 

1On September 19, 2023, the Commission voted 

4–0 to publish this termination of rulemaking. 

forth in the September 2023 NOPR. 88 

FR 60746, 60855–60861. 

IV. Public Participation 

Please refer to section VII of the 

September 2023 NOPR for information 

regarding the public webinar, 

submission of comments, and issues on 

which DOE seeks comment. 88 FR 

60746, 60861–60863. DOE additionally 

welcomes comment on the information 

presented in this notification. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notification of data 

availability regarding energy 

conservation standards. 

Signing Authority 

This document of the Department of 

Energy was signed on September 21, 

2023, by Jeffrey Marootian, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on September 

25, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2023–21190 Filed 9–27–23; 8:45 am] 

BILLING CODE 6450–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1025 

[CPSC Docket No. CPSC–2016–0006] 

Rules of Practice for Adjudicative 

Proceedings 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Termination of rulemaking. 

SUMMARY: The Consumer Product Safety 

Commission is withdrawing its 

proposed rule to update the 

Commission’s Rules of Practice for 

Adjudicative Proceedings because the 

Commission has not taken any action on 

this proposed rule since it was 

published in 2016. 

DATES: As of September 28, 2023, the 

proposed rule published on April 13, 

2016, at 81 FR 21775, is withdrawn. 

ADDRESSES: Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Vice, Office of the General 

Counsel, 4330 East-West Highway, 

Bethesda, MD 20814; telephone: 301– 

504–6996; dvice@cpsc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

Administrative Procedure Act, 

adjudications required by a statute to be 

determined on the record after an 

opportunity for an agency hearing are 

subject to certain procedural 

requirements. 5 U.S.C. 554. In 1980, the 

Commission adopted Rules of Practice 

for Adjudicative Proceedings (Rules) to 

govern such Commission proceedings. 

16 CFR part 1025. 

On April 13, 2016, the Commission 

issued a notice of proposed rulemaking 

(NPR) to update the Rules. 81 FR 21775. 

The Commission proposed to modernize 

the Rules to reflect changes in civil and 

administrative litigation and revisions 

to the Federal Rules of Civil Procedure 

and Federal Rules of Evidence since 

adoption of the Rules. The Commission 

received four comments on the 

proposed rule. 

In November 2019, Commission staff 

sent to the Commission a draft 

supplemental notice of proposed 

rulemaking (SNPR). The draft SNPR 

proposed additional changes to the 

Rules in light of comments received on 

the NPR and the Commission’s 

experience with adjudicative 

proceedings since publication of the 

NPR. The Commission did not take any 

action on the draft SNPR. 

Because the Commission has not 

taken action on this proposed rule since 

2016, the Commission is terminating 

this proceeding.1 In the future, the 

Commission may consider revisions to 

the Rules in light of its experience with 

agency adjudications and relevant 

circumstances including changes to 

rules for Federal judicial proceedings. 

Elina Lingappa, 

Paralegal Specialist, Office of the Secretary, 

Consumer Product Safety Commission. 

[FR Doc. 2023–21165 Filed 9–27–23; 8:45 am] 

BILLING CODE 6355–01–P 

DELAWARE RIVER BASIN 

COMMISSION 

18 CFR Part 401 

Rules of Practice and Procedure 

AGENCY: Delaware River Basin 

Commission. 

ACTION: Notice of proposed rulemaking; 

public hearing. 

SUMMARY: The Commission proposes to 

amend its Rules of Practice and 

Procedure to: resolve ambiguities 

around the automatic termination of 

project approvals issued by the 

Commission; make conforming 

amendments to related provisions as 

appropriate; update the Commission’s 

Water Resources Program and Project 

Review procedures to better conform 

them to current practice; remove 

references to the Federal Freedom of 

Information Act that create confusion 

about the regulations applicable to 

requests for Commission public records; 

and align pronouns with the 

Commission’s policies regarding 

diversity, inclusion, and belonging. 

DATES: 

Written comments: Written comments 

will be accepted through 5 p.m. on 

Thursday, November 30, 2023. 

Public hearings: Public hearings will 

be held remotely via Zoom on the 

following dates at the noted times. 

Details about accessing the hearings are 

available on the Commission’s website, 

www.drbc.gov. 

1. November 13, 2023, 1:30 p.m. to no 

later than 4 p.m. 

2. November 13, 2023, 6:30 p.m. to no 

later than 9 p.m. 

ADDRESSES: 

To submit written comments: Written 

comments will be accepted until 5 p.m. 

on Thursday, November 30, 2023 

through the Commission’s online public 

comment collection system at: https://

hearing.drbc.commentinput.com?id=

T95htQGAg. To request an exception 

from use of the online system based on 

lack of access to the internet, please 

contact: Commission Secretary, DRBC, 

P.O. Box 7360, West Trenton, NJ 08628. 

To register to speak at public 

hearings: Although attendance at the 

hearings is not limited and requires no 

registration, those who wish to provide 

oral comment at a hearing must register 

in advance to do so. Registration will be 

through Zoom. Links to the Zoom 

registration for each of the public 

hearing dates and times are posted at 

www.drbc.gov. Online registration will 

remain open until 5 p.m. on the day 

prior to the hearing date or until all 

available speaking slots have been 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 66723 

1United States Public Law 87–328, Approved 

Sept. 27, 1961, 75 Statutes at Large 688; 53 

Delaware Laws, Ch. 71, Approved May 26, 1961; 

New Jersey Laws of 1961, Ch. 13, Approved May 

1, 1961; New York Laws of 1961, Ch. 148, 

Approved March 17, 1961; Pennsylvania Acts of 

1961, Act. No. 268, Approved July 7, 1961. 

filled, whichever is earlier. Each person 

who wishes to provide oral comment 

may do so at only one public hearing. 

Registrations will be monitored, and if 

capacity is not adequate to 

accommodate all who wish to speak, 

additional opportunities may be added. 

See SUPPLEMENTARY INFORMATION for 

details regarding the substance of 

written comments. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the public 

hearings and submission of written 

comments, contact Kate Schmidt, 

Communications Specialist, at 

kate.schmidt@drbc.gov (preferred) or 

609–883–9500, ext. 205. For information 

concerning the proposed amendments, 

contact Pamela Bush, Commission 

Secretary and Assistant General 

Counsel, at pam.bush@drbc.gov 

(preferred) or 609–477–7203. 

SUPPLEMENTARY INFORMATION: The 

Delaware River Basin Commission 

(‘‘DRBC’’ or ‘‘Commission’’) is a 

Federal-interstate compact agency 

formed by the enactment of concurrent 

legislation by four states and the United 

States in 1961 1 to manage the water 

resources of the Delaware River Basin 

(the ‘‘Basin’’) without regard to political 

boundaries. The Commission’s members 

are, ex officio, the governors of the basin 

states (Delaware, New Jersey, New York, 

and Pennsylvania) and the Division 

Engineer of the U.S. Army Corps of 

Engineers North Atlantic Division, who 

represents the United States. 

Background 

The Commission’s Rules of Practice 

and Procedure (‘‘RPP’’), comprising part 

401 of Title 18 of the Code of Federal 

Regulations, govern the adoption and 

revision of the Commission’s 

Comprehensive Plan and Water 

Resources Program, the exercise of the 

Commission’s authority pursuant to the 

provisions of Article 3.8 of the Delaware 

River Basin Compact (the ‘‘Compact’’) 

and other actions of the Commission 

mandated or authorized by the 

Compact, including but not limited to 

the administration of public access to 

records and information in the 

Commission’s possession. 

The proposed amendments are 

intended primarily to resolve 

ambiguities in the current language of 

paragraph (a) of § 401.41 (‘‘Limitation of 

approval’’); to replace certain out-ofdate provisions, such as the requirement 

for paper copies of project review 

applications under Section 3.8 of the 

Compact, that no longer conform to 

current practice; and to eliminate 

references to the Federal Freedom of 

Information Act (‘‘FOIA’’) in Subpart 

H—Public Access to Records and 

Information, because the Commission is 

not a Federal agency and because the 

Compact expressly exempts the 

Commission from the Federal 

Administrative Procedure Act, of which 

FOIA is a part. The changes proposed to 

§ 401.41 create the need for conforming 

changes in four other provisions of 

Subpart C but do not alter the 

Commission’s interpretation or 

implementation of these provisions. 

Ambiguities in the language of 

paragraph (a) of § 401.41 came to light 

in 2022 in connection with a request in 

accordance with this provision for 

extension of an approval issued in 2019 

under Section 3.8 of the Compact. The 

current provision states that a 

Commission approval ‘‘shall expire 

three years from the date of Commission 

action unless prior thereto the sponsor 

has expended substantial funds (in 

relation to the cost of the project) in 

reliance upon such approval.’’ The 

provision further provides that ‘‘[a]n 

approval may be extended or renewed 

by the Commission upon application.’’ 

The questions raised by this language 

include: whether, if the listed 

conditions are met, an expiring docket 

automatically extends or renews 

without the need for Commission 

action; whether, if acknowledgement or 

a decision is necessary, the Commission 

must vote on the matter or the Executive 

Director may issue the acknowledgment 

or render the decision; whether the 

project sponsor may be relieved of the 

requirement that it have ‘‘expended 

substantial funds’’ if circumstances 

beyond the sponsor’s control have 

prevented it from doing so; whether 

public notice and a public hearing 

should be provided before an extension 

is acknowledged, approved or denied; 

and the duration of an extension if 

acknowledged or approved. 

Proposed Amendments 

Amendments to § 401.41 

Proposed § 401.41(a). Paragraph (a) of 

§ 401.41 operates when the instrument 

of Commission approval contains no 

expiration date. This occurs when the 

Commission approves an activity such 

as dredging under Section 3.8 of the 

Compact and accompanying regulations 

at 18 CFR 401.35(a)(7) or construction 

under the Commission’s Flood Plain 

Regulations, 18 CFR part 415. Because 

the Commission exercises no continuing 

oversight over dredging and 

construction activities, no renewal of an 

approval for such activities is ordinarily 

required. Section 401.41(a) serves as a 

backstop in the unusual instances in 

which the approved activity is not 

promptly undertaken. In contrast, 

approvals for ongoing withdrawals and 

discharges are issued for limited terms 

of ten and five years, respectively, as set 

forth in the instrument of approval. 

Under existing regulations, an 

application for renewal of an approval, 

when required, must be submitted no 

fewer than 120 days in advance of the 

assigned expiration date unless the 

instrument of approval provides 

otherwise. See 18 CFR 401.43(b)(4)(ii). 

(An amendment proposed in this 

rulemaking would change the required 

timing of submission to 180 days in 

advance of the assigned expiration 

date.) That paragraph (a) of § 401.41 

operates only when an approval 

contains no expiration date is made 

explicit in the amended rule. 

In addition, the proposed 

amendments extend from three years to 

five the time by which a Commission 

approval that lacks an expiration date 

‘‘shall expire’’ if certain requirements 

are not met. In the Commission’s view, 

a period of five years, rather than the 

current three, is appropriate given 

modern permitting and construction 

timeframes for Commission-approved 

projects. As noted above, five years is 

also the term of a Commission approval 

for a wastewater discharge, and is the 

term normally applied to individual 

permits issued under the Coastal Zone 

Management Rules established by an 

agency of one of the Commission’s 

member states, the New Jersey 

Department of Environmental Protection 

(‘‘NJDEP’’) (see N.J. Admin. Code Sec. 

7.7–8.2). 

Additional changes to § 401.41 are 

proposed to resolve ambiguities in the 

current language. Under the proposed 

revision, the project sponsor must 

submit a written request for an 

extension, accompanied by supporting 

documentation. In response, the 

Executive Director by a written 

determination must grant a five-year 

extension if the sponsor’s request and 

supporting documentation demonstrate 

to the Executive Director’s satisfaction 

that certain criteria are met. 

Specifically, the Executive Director 

must grant the extension if he or she 

determines: (1) that no material change 

is proposed to the project as approved; 

(2) that the sponsor has expended, at a 

minimum, the lesser of one million 

dollars or substantial funds in relation 

to the cost of the project or has been 

prevented from doing so by 


ddrumheller on DSK120RN23PROD with PROPOSALS1
66724 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 

circumstances beyond the sponsor’s 

control; and (3)–(4), that neither the 

Commission’s Comprehensive Plan nor 

the condition of the project site has 

changed in a manner important to 

determining whether the project would 

substantially impair or conflict with the 

Comprehensive Plan. 

The term ‘‘material change’’ is 

proposed to be added to Subpart I— 

General Provisions, § 401.121 

(Definitions), and defined as, ‘‘a change 

to a project previously approved by the 

Commission that is important in 

determining whether the project would 

substantially impair or conflict with the 

Commission’s comprehensive plan.’’ 

The proposed definition restates the 

purpose of the Commission’s review as 

set forth in Article 3.8 of the Compact, 

which provides in relevant part that 

‘‘[t]he commission shall approve a 

project whenever it finds and 

determines that such project would not 

substantially impair or conflict with the 

comprehensive plan and may modify 

and approve as modified, or may 

disapprove any such project whenever it 

finds and determines that the project 

would substantially impair or conflict 

with such plan.’’ 

As proposed, amended § 401.41(a) 

would also require public notice of a 

determination by the Executive Director 

on or before the Commission’s next 

quarterly public hearing or business 

meeting. The proposed language 

establishes that determinations by the 

Executive Director under the provision 

are appealable in accordance with 

Subpart F—Administrative and Other 

Hearings, §§ 401.81–401.90. 

Proposed § 401.41(b). The proposed 

amendments include a new § 401.41(b), 

which makes clear that if one or more 

material changes to an approved project 

are proposed, or if the Executive 

Director determines that any one or 

more of the other criteria listed at 

proposed § 401.41(a) are not satisfied, 

the project sponsor must apply for 

renewal and modification of its 

approval in accordance with the 

customary application procedure for 

any docket renewal or approval issued 

by the Commission. This section applies 

to any Commission approval, whether 

or not it includes an expiration date, 

and regardless of whether the project 

sponsor has expended a minimum 

amount of funds in relation to the cost 

of a project (Existing § 401.43(b)(4)(iii) 

sets forth the fee associated with 

modification of a Commission 

approval). 

Proposed § 401.41(c). Proposed 

§ 401.41(c) would effectively preserve 

the current § 401.41(b), which provides 

that a project review application (as 

opposed to a Commission approval) that 

remains dormant (defined by the rule as 

‘‘no active pursuit of approvals’’) for 

three years from the date of Commission 

receipt of the application will terminate 

without further action by the 

Commission. 

Conforming Amendments in Part 401 

Introduction of the new defined term, 

‘‘material change,’’ creates the need to 

replace existing language with the new 

term in four other provisions of part 

401. In each of these instances, the 

current language includes the undefined 

term ‘‘substantial change,’’ or some 

variant of that term. The affected 

provisions are §§ 401.8(a), 401.42(e), 

401.43(b)(1)(ii), and 401.43(b)(4)(iii). 

Updates of Subparts B and C 

The proposed amendments would 

revise provisions of the RPP concerning 

the Water Resources Program (subpart 

B) and the review of projects under 

Section 3.8 of the Compact (subpart C), 

to align them with current practice. 

Period to be covered by the Water 

Resources Program. Article 13.2 of the 

Compact requires the Commission to 

‘‘annually adopt a water resources 

program, based upon the comprehensive 

plan, consisting of the projects and 

facilities which the commission 

proposes to be undertaken . . . during 

the ensuing six years or such other 

reasonably foreseeable period as the 

commission may determine.’’ Currently, 

§ 401.22 dictates that the Water 

Resources Program ‘‘will be a 

reasonably detailed amplification of that 

part of the Comprehensive Plan which 

the Commission recommends for action 

within the ensuing six-year period.’’ 

The proposed revision would restore the 

flexibility the Compact allows regarding 

the period to be covered by the annual 

program. 

Information required for concurrent 

inclusion of a project in the 

Comprehensive Plan and Water 

Resources Program. Section 401.23 

establishes that a project may be added 

to the Comprehensive Plan and 

included in the Water Resources 

Program by concurrent action of the 

Commission, provided that in such 

instances the project sponsor has 

furnished the Commission with detailed 

information, a list of which is set forth 

in the provision. As amended, the list is 

replaced by a reference to § 401.4(b), 

which contains a list of the information 

that must be provided for any project 

proposed to be included in the 

Comprehensive Plan. 

Removal of provisions concerning outof-use classifications. Sections 401.24– 

401.26 relate to a system of classifying 

projects included in the Water 

Resources Program as either ‘‘A’’ list or 

‘‘B’’ list projects. Because this 

classification system is no longer in use, 

these sections are proposed to be 

deleted. 

Time of referral of a project by a State 

or Federal agency. The proposed 

amendments include a revision of 

§ 401.38, captioned ‘‘Form of referral by 

State or Federal agency,’’ to conform the 

language of this provision to current 

practice. In practice, the Commission 

reviews projects concurrently with 

reviews performed by the regulatory 

agencies of its member states and the 

Federal government. Accordingly, as 

proposed, § 401.38 provides that upon 

receipt of an application for a project 

that is subject to Commission review 

(rather than upon issuance of an 

approval as in the current rule), the 

member state agency will refer the 

application to the Commission. 

Form of submission of a project 

review application. The proposed rule 

would amend § 401.39, captioned 

‘‘Form of submission of projects,’’ to 

provide that for any project subject to 

review under Section 3.8 of the 

Compact, an application will be 

considered complete and ripe for 

technical review by Commission staff 

when the project sponsor submits a 

completed application using the form 

provided on the Commission’s website 

and pays the applicable fee plus any 

outstanding fees, penalties, or interest. 

The Commission’s ability to request 

additional information from a project 

sponsor is preserved. The amendment 

would leave certain submission 

requirements and procedures to the 

instructions in the applicable form. It 

would conform § 401.39 to the practice 

already used by the Commission and 

most applicants, as well as by some 

regulatory agencies of the Commission’s 

State and Federal members. 

Timely submission of a renewal 

application. The proposed amendments 

include the revision of paragraph 

§ 401.43(b)(4)(ii) to provide that a 

project sponsor must file its application 

for renewal of an expiring approval 180 

calendar days prior to the date of 

expiration of the approval to avoid a late 

fee. The current rule requires that to 

avoid a late fee, a renewal application 

must be filed 120 days prior to the date 

of expiration of the approval. 

Fees for name change and change of 

ownership. The amendments are 

proposed to include consolidation into 

a single fee of the fees that currently 

apply, respectively, when the sponsor of 

a project undergoes a name change 

(§ 401.43(b)(4)(iv)) and when the project 

undergoes a change of ownership 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 66725 

(§ 401.43(b)(4)(v)). A corresponding 

change is required to the accompanying 

Table 3 to § 401.43. The amendment is 

proposed because the two types of 

events entail comparable time and effort 

on the part of the Commission’s project 

review staff. 

Public Access to Records and 

Information 

Subpart H of the RPP contains 

regulations related to the disclosure of 

Commission records to members of the 

public upon request. The rules currently 

identify the Federal FOIA as authority 

pursuant to which the Commission 

promulgated Subpart H, and the subpart 

contains multiple references to the 

FOIA. Although certain language in the 

current Subpart H is identical to 

language in the FOIA, the Commission, 

a Federal-interstate compact agency, is 

not a Federal agency, and the 

Commission is expressly exempt by 

§ 15.1(m) of the Compact from the 

Federal Administrative Procedure Act, 

of which FOIA is a part. The agenda for 

a January 29, 1975 Commission 

conference session and business 

meeting at which adoption of the thendraft Subpart H regulations was 

discussed makes clear the Commission 

understood this at the time. The agenda 

states, ‘‘The Commission is not subject 

to the Administrative Procedures (sic) 

Act. However, staff recommends 

approval of these regulations in any case 

as a matter of desirable policy.’’ At a 

business meeting on February 26, 1975, 

the Commission adopted the Subpart H 

regulations as proposed. 

References to the FOIA in Subpart H 

have created confusion on the part of 

individuals who seek access to 

Commission records. In particular, 

requests for records filed with the 

Commission under Subpart H often cite 

to procedural provisions of the FOIA 

that differ from those in Subpart H. The 

proposed amendments would eliminate 

an important source of such confusion. 

The proposed amendments also would 

remove gendered pronouns used in the 

current regulations to align with the 

Commission’s support of diversity, 

equity, inclusion and belonging. 

Public Process 

Substance of comments. The 

Commission welcomes and will 

consider comments that concern the 

potential impacts of the proposed 

amendments on the conservation, 

utilization, development, management 

and control of the water and related 

resources of the Delaware River Basin 

and on public participation in the 

Commission’s water resource 

management activities. 

Non-digitized, voluminous materials 

such as books, journals and collections 

of documents will not be accepted. 

Digital submissions of articles and 

websites must be accompanied by a 

statement containing citations to the 

specific findings or conclusions the 

commenter wishes to reference. 

Submission of written comments. 

Written comments along with any 

attachments should be submitted 

through the Commission’s web-based 

comment system (https://hearing.

drbc.commentinput.com?

id=T95htQGAg) until 5 p.m. on 

Thursday, November 30, 2023. All 

materials should be provided in 

searchable formats, preferably in .pdf 

searchable text. Notably, a picture scan 

of a document may not result in 

searchable text. Comments received 

through any method other than the 

designated on-line method, including 

via email, fax, postal/delivery services 

or hand delivery, will not be considered 

or included in the rulemaking record 

unless accompanied by a written 

request for an exception based on lack 

of access to the web-based comment 

system. Such requests and 

accompanying materials may be sent to: 

Commission Secretary, DRBC, P.O. Box 

7360, West Trenton, NJ 08628. 

Public hearings. To provide for an 

orderly process, support public and 

community health measures, and 

provide expanded access to interested 

parties regardless of their geographic 

location, the Commission is conducting 

its public hearings virtually. Attendance 

at the hearings is not limited and 

requires no registration. However, to 

eliminate uncertainty on the part of 

attendees about whether they will have 

an opportunity to provide oral 

comment, those who wish to speak at a 

hearing must register in advance to do 

so, using the link on the Commission’s 

website. Registrations will be 

monitored, and if capacity is not 

adequate to accommodate all who wish 

to speak, additional opportunities may 

be added. Key elements of the 

procedure are as follows: 

D Online registration to speak at a 

public hearing will remain open until 5 

p.m. the day prior to each hearing. 

D Each person who wishes to provide 

oral comment may do so at only one 

public hearing. 

D Speaking time will be limited to 

approximately three minutes per 

speaker. 

D Elected government officials and 

their staff will have the opportunity to 

identify themselves when registering to 

attend a hearing. 

D Attendance at the public hearings is 

not limited and requires no advance 

registration. 

D Written and oral comment will 

receive equal consideration. 

The Commission appreciates the 

public’s participation and input on this 

matter. 

Translation Services for Rulemaking 

Materials. The Commission will 

consider requests for translation of this 

notice and the proposed rule text into 

languages other than English. To request 

translation of documents related to this 

rulemaking, please send an email to 

translate@drbc.gov. Please specify both 

the requested language and the 

requested documents. 

More Information. Detailed and up-todate information about the public 

process, including all proposed rule 

text, related documents, and links for 

online registration to speak at each of 

the scheduled public hearings can be 

found on the Commission website, 

www.drbc.gov. 

List of Subjects in 18 CFR Part 401 

Administrative practice and 

procedure, Archives and records, Water 

resources. 

For the reasons set forth in the 

preamble, the Delaware River Basin 

Commission proposes to amend title 18, 

chapter III of the Code of Federal 

Regulations as follows: 

PART 401—RULES OF PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 401 

continues to read as follows: 

Authority: Delaware River Basin Compact 

(75 Stat. 688), unless otherwise noted. 

Subpart A—Comprehensive Plan 

■ 2. In § 401.8, revise paragraph (a) to 

read as follows: 

§ 401.8 Public projects under Article 11 of 

the Compact. 

(a) After a project of any Federal, State 

or local agency has been included in the 

Comprehensive Plan, no further action 

will be required by the Commission or 

by the agency to satisfy the 

requirements of Article 11 of the 

Compact, except as the Comprehensive 

Plan may be amended or revised 

pursuant to the Compact and this part. 

Any project which is materially changed 

from the project as described in the 

Comprehensive Plan will be deemed to 

be a new and different project for the 

purposes of Article 11 of the Compact. 

Whenever a change is made the sponsor 

shall advise the Executive Director, who 

will determine whether the change is 


ddrumheller on DSK120RN23PROD with PROPOSALS1
66726 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 

deemed a material change within the 

meaning of this part. 

* * * * * 

Subpart B—Water Resources Program 

■ 3. Revise §§ 401.22 and 401.23 to read 

as follows: 

§ 401.22 Concept of the program. 

The Water Resources Program, as 

defined and described in Section 13.2 of 

the Compact, will be a reasonably 

detailed amplification of that part of the 

Comprehensive Plan which the 

Commission recommends for action. 

That part of the Program consisting of a 

presentation of the water resource needs 

of the Basin will be revised only at such 

intervals as may be indicated to reflect 

new findings and conclusions, based 

upon the Commission’s continuing 

planning programs. 

§ 401.23 Procedure. 

The Water Resources Program will be 

prepared and considered by the 

Commission for adoption annually. 

Projects included in the Water 

Resources Program shall have been 

previously included in the 

Comprehensive Plan, except that a 

project may be added to both the Plan 

and the Program by concurrent action of 

the Commission. In such instances, the 

project’s sponsor shall furnish the 

information listed in § 401.4(b) prior to 

the inclusion of the project in the 

Comprehensive Plan and Water 

Resources Program. 

§§ 401.24–401.26 [Removed] 

■ 4. Remove §§ 401.24 through 401.26. 

Subpart C—Project Review Under 

Section 3.8 of the Compact 

■ 5. In § 401.38, revise the introductory 

text to read as follows: 

§ 401.38 Form of referral by State or 

Federal agency. 

Upon receipt of an application by any 

State or Federal agency for any project 

reviewable by the Commission under 

these regulations, if the project has not 

prior thereto been reviewed and 

approved by the Commission, such 

agency shall refer the project for review 

under Section 3.8 of the Compact in 

such form and manner as shall be 

provided by Administrative Agreement. 

* * * * * 

■ 6. Revise § 401.39 to read as follows: 

§ 401.39 Form of submission of projects. 

(a) Submission constituting 

application. Where a project is subject 

to review under Section 3.8 of the 

Compact, the submission shall be in 

accordance with such form of 

application as the Executive Director 

may prescribe and with such supporting 

documentation as the Executive Director 

may reasonably require for the 

administration of the provisions of the 

Compact. An application shall be 

deemed complete and the Commission’s 

review of the application may 

commence upon submission of the 

completed form in accordance with 

paragraph (b) of this section, and 

payment of the applicable fee as set 

forth in § 401.43 together with all 

balances due the Commission, if any, by 

the applicant or any member of its 

corporate structure, for unpaid fees, 

penalties, or interest. 

(b) Submission of applications. 

Application forms and accompanying 

submissions shall be filed in accordance 

with the filing instructions included on 

the application form. 

(c) Availability of forms. Any person 

may obtain a copy of any form 

prescribed for use in paragraph (a) of 

this section on the Commission’s 

website, https://www.drbc.gov. 

■ 7. Revise § 401.41 to read as follows: 

§ 401.41 Limitation of approval; dormant 

applications. 

(a) Extension by Executive Director. 

(1) For any Commission approval not 

assigned an expiration date, the 

Commission’s approval shall expire five 

years from the approval date unless 

prior thereto the Executive Director 

extends the approval for an additional 

five-year period based upon a written 

request from the project sponsor 

accompanied by supporting 

documentation demonstrating to the 

Executive Director’s satisfaction that the 

following criteria have been met: 

(i) Either: 

(A) The project sponsor has 

expended, at a minimum, the sum of 

one million dollars ($1,000,000) or an 

amount representing substantial funds 

in relation to the cost of the project in 

reliance upon the Commission’s 

approval; or 

(B) In the alternative, circumstances 

beyond the project sponsor’s control 

(including but not limited to, pending 

legal challenges to local, State or 

Federal permits) have prevented the 

sponsor from expending an amount 

equal to either of the sums set forth in 

paragraph (a)(1)(i)(A) of this section; 

(ii) No material changes to the project 

as approved are proposed; 

(iii) The condition of the project site 

has not changed in a manner important 

to determining whether the project 

would substantially impair or conflict 

with the Commission’s Comprehensive 

Plan; and 

(iv) The Commission’s 

Comprehensive Plan has not changed in 

a manner important to determining 

whether the project would substantially 

impair or conflict with the 

Comprehensive Plan. 

(2) Otherwise, the Executive Director 

shall deny the request. 

(3) Public notice of a determination by 

the Executive Director pursuant to this 

paragraph (a) shall be provided no later 

than the Commission’s next regularly 

scheduled public hearing or business 

meeting following the determination. A 

determination by the Executive Director 

pursuant to this section is appealable in 

accordance with subpart F of this part. 

(b) Review by Commissioners. If in the 

view of the Executive Director (or if 

appealed to the Commission pursuant to 

subpart F of this part, in the view of the 

Commission), one or more material 

changes to a project as approved are 

proposed, or if the Executive Director 

determines that any one or more of the 

other criteria listed in paragraph (a) of 

this section are not satisfied, the project 

sponsor must apply for renewal and 

modification of its approval in 

accordance with the customary 

application procedure for any docket 

renewal or approval. 

(c) Automatic termination of 

application. Any application that 

remains dormant (no proof of active 

pursuit of approvals) for a period of 

three years from date of receipt, shall be 

automatically terminated without 

further action of the Commission. Any 

renewed activity following that date 

will require submission of a new 

application. 

■ 8. In § 401.42, revise paragraph (e) to 

read as follows: 

§ 401.42 One permit 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 66727 

Comprehensive Plan that does not 

materially change the project may be 

submitted only to the Signatory Party 

Agency unless otherwise specified in 

the Administrative Agreement. 

* * * * * 

■ 9. In § 401.43, revise paragraphs 

(b)(1)(ii) and (b)(4)(ii), (iii), and (iv) and 

remove the entries for ‘‘Name change’’ 

and ‘‘Change of Ownership’’ in Table 3 

to § 401.43 and add an entry for ‘‘Name 

change or Change of Ownership’’ in 

their place. 

The revisions and addition read as 

follows: 

§ 401.43 Regulatory program fees. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Project requiring inclusion in the 

comprehensive plan. 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 materially 

changed from the project as described in 

the Plan shall be deemed to be a new 

and different project for purposes of this 

section. 

* * * * * 

(4) * * * 

(ii) Late filed renewal application. 

Any renewal application submitted 

fewer than 180 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, any material change to the 

project as approved shall require an 

additional application and 

accompanying fee. Such fee shall be 

calculated in accordance with paragraph 

(e) of this section and may be subject to 

an alternative review fee in accordance 

with paragraph (b)(3) of this section. 

(iv) Name change or change of 

ownership. Each project with a docket 

or permit issued by the DRBC will be 

charged an administrative fee as set 

forth in paragraph (e) of this section if 

it undergoes a change in name or a 

‘‘change in ownership’’ as that term is 

defined at § 420.31(e)(2) of this 

subchapter. 

* * * * * 

TABLE 3 TO § 401.43—ADDITIONAL

FEES

Proposed action Fee Fee 

maximum 

*****

Name Change or 

Change of Ownership ........................ $1,842 1 ................

1Subject to annual adjustment in accordance with paragraph (c) of this section. 

Subpart H—[Amended] 

■ 10. Amend Subpart H by removing the 

authority citation. 

■ 11. In § 401.103, revise paragraph (a) 

to read as follows: 

§ 401.103 Request for existing records. 

(a) Any written request to the 

Commission for existing records not 

prepared for routine distribution to the 

public shall be deemed to be a request 

for records pursuant to the provisions of 

this part, whether or not the provisions 

of this part are mentioned in the 

request, and shall be governed by the 

provisions of this part. 

* * * * * 

■ 12. Revise § 401.104 to read as 

follows: 

§ 401.104 Preparation of new records. 

The provisions of this part apply only 

to existing records that are reasonably 

described in a request filed with the 

Commission pursuant to the procedures 

herein established. The Commission 

shall not be required to prepare new 

records in order to respond to a request 

for information. 

■ 13. In § 401.105, revise paragraph (b) 

to read as follows: 

§ 401.105 Indexes of certain records. 

* * * * * 

(b) A copy of each such index is 

available at cost of duplication from the 

Records Access Officer. 

■ 14. Revise § 401.106 to read as 

follows: 

§ 401.106 Records Access Officer. 

The Executive Director shall designate 

a Commission employee as the Records 

Access Officer. The Records Access 

Officer shall be responsible for 

Commission compliance with the 

provisions of this part. All requests for 

agency records shall be sent to the 

Records Access Officer in a manner 

consistent with § 401.108(a). 

■ 15. In § 401.108, revise paragraphs (a), 

(b)(1), (c), and (d) to read as follows: 

§ 401.108 Filing a request for records. 

(a) All requests for Commission 

records shall be submitted to the 

Records Access Officer on such forms as 

the Executive Director may prescribe, 

which shall be available on the 

Commission’s website, https://

www.drbc.gov, or by written request to 

the Commission, 25 Cosey Road, West 

Trenton, NJ 08628. 

(b) * * * 

(1) If the description is insufficient to 

locate the records requested, the 

Records Access Officer will so notify the 

person making the request and indicate 

the additional information needed to 

identify the records requested. 

* * * * * 

(c) Upon receipt of a request for 

records, the Records Access Officer 

shall enter it in a public log (which 

entry may consist of a copy of the 

request). The log shall state the date and 

time received, the name and address of 

the person making the request, the 

nature of the records requested, the 

action taken on the request, the date of 

the determination letter sent pursuant to 

§ 401.109(b), the date(s) any records are 

subsequently furnished, the number of 

staff-hours and grade levels of persons 

who spent time responding to the 

request, and the payment requested and 

received. 

(d) A denial of a request for records, 

in whole or in part, shall be signed by 

the Records Access Officer. The name 

and title or position of each person who 

participated in the denial of a request 

for records shall be set forth in the letter 

denying the request. This requirement 

may be met by attaching a list of such 

individuals to the letter. 

■ 16. In § 401.109, revise paragraphs (a), 

(b) introductory text, and (c) to read as 

follows: 

§ 401.109 Time limitations. 

(a) All time limitations established 

pursuant to this section shall begin as of 

the time at which a request for records 

is logged in by the Records Access 

Officer pursuant to § 401.108(c). An oral 

request for records shall not begin any 

time requirement. A written request for 

records sent elsewhere within the 

Commission shall not begin any time 

requirement until it is redirected to the 

Records Access Officer and is logged in 

accordance with § 401.108(c). A request 

that is expected to involve fees in excess 

of $50.00 will not be deemed received 

until the requester is promptly notified 

and agrees to bear the cost or has so 

indicated on the initial request. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
66728 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Proposed Rules 

(b) Within 10 working days (excepting 

Saturdays, Sundays, and legal public 

holidays) after a request for records is 

logged by the Records Access Officer, 

the record shall be furnished or a letter 

shall be sent to the person making the 

request determining whether, or the 

extent to which, the Commission will 

comply with the request, and, if any 

records are denied, the reasons therefor. 

* * * * * 

(c) If any record is denied, the letter 

shall state the right of the person 

requesting such records to appeal any 

adverse determination to the Executive 

Director of the Commission. Such an 

appeal shall be filed within 30 days 

from receipt of the Records Access 

Officer’s determination denying the 

requested information (where the entire 

request has been denied), or from the 

receipt of any information made 

available pursuant to the request (where 

the request has been denied in part). 

Within 20 working days (excepting 

Saturdays, Sundays, and legal public 

holidays) after receipt of any appeal, or 

any authorized extension, the Executive 

Director or the Executive Director’s 

designee shall make a determination 

and notify the appellant of such 

determination. If the appeal is decided 

in favor of the appellant the requested 

information shall be promptly supplied 

as provided in this part. If on appeal the 

denial of the request for records is 

upheld in whole or in part, the 

appellant shall be entitled to appeal to 

the Commission at its regular meeting. 

In the event that the Commission 

confirms the Executive Director’s denial 

the appellant shall be notified of the 

provisions for judicial review. 

* * * * * 

■ 17. In § 401.110, revise paragraphs 

(a)(1)(i)(A) and (c) to read as follows: 

§ 401.110 Fees. 

(a) * * * 

(1) * * * 

(i) * * * 

(A) Processing requests for records; 

* * * * * 

(c) Payment shall be made by check 

or money order payable to ‘‘Delaware 

River Basin Commission’’ and shall be 

sent to the Records Access Officer. 

■ 18. Revise § 401.115 to read as 

follows: 

§ 401.115 Discretionary disclosure by the 

Executive Director. 

(a) The Executive Director may 

exercise discretion to disclose part or all 

of any Commission record that is 

otherwise exempt from disclosure 

pursuant to this part whenever the 

Executive Director determines that such 

disclosure is in the public interest, will 

promote the objectives of the 

Commission, and is consistent with the 

rights of individuals to privacy, the 

property rights of persons in trade 

secrets, and the need for the 

Commission to promote frank internal 

policy deliberations and to pursue its 

regulatory activities without disruption. 

(b) Discretionary disclosure of a 

record pursuant to this section shall 

invoke the requirement that the record 

shall be disclosed to any person who 

requests it pursuant to § 401.108, but 

shall not set a precedent for 

discretionary disclosure of any similar 

or related record and shall not obligate 

the Executive Director to disclose any 

other record that is exempt from 

disclosure. 

Subpart I—General Provisions 

■ 19. In § 401.121, redesignate 

paragraph (e) as paragraph (f) and add 

new paragraph (e) to read as follows: 

§ 401.121 Definitions. 

* * * * * 

(e) Material change shall mean a 

change to a project previously approved 

by the Commission that is important in 

determining whether the project would 

substantially impair or conflict with the 

Commission’s comprehensive plan. 

* * * * * 

Dated: September 21, 2023. 

Pamela M. Bush, 

Commission Secretary/Assistant General 

Counsel. 

[FR Doc. 2023–21117 Filed 9–27–23; 8:45 am] 

BILLING CODE 6360–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 54 

[REG–120727–21] 

RIN 1545–BQ29 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2590 

RIN 1210–AC11 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Parts 146 and 147 

[CMS–9902–P] 

RIN 0938–AU93 

Requirements Related to the Mental 

Health Parity and Addiction Equity Act; 

Extension of Comment Period 

AGENCY: Internal Revenue Service, 

Department of the Treasury; Employee 

Benefits Security Administration, 

Department of Labor; Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services. 

ACTION: Proposed rules; extension of 

comment period. 

SUMMARY: This document extends the 

comment period for the proposed rules 

entitled ‘‘Requirements Related to the 

Mental Health Parity and Addiction 

Equity Act’’ that were published in the 

August 3, 2023, issue of the Federal 

Register. The comment period for the 

proposed rules, which had been 

scheduled to close on October 2, 2023, 

is extended 15 days to October 17, 2023. 

DATES: The comment period for the 

proposed rules published August 3, 

2023, at 88 FR 51552, is extended. To 

be assured consideration, comments 

must be received at one of the addresses 

provided below, no later than October 

17, 2023. 

ADDRESSES: Written comments may be 

submitted to the addresses specified 

below. Any comment that is submitted 

will be shared with the Department of 

the Treasury (Treasury Department), 

Internal Revenue Service (IRS), and the 

Department of Health and Human 

Services (HHS). Please do not submit 

duplicates. 

Comments will be made available to 

the public. Warning: Do not include any 

personally identifiable information 


ddrumheller on DSK120RN23PROD with PROPOSALS1