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

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. For the same reason, the 

FAA certifies that this amendment will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 97 

Air Traffic Control, Airports, 

Incorporation by reference, Navigation 

(air). 

Issued in Washington, DC, on December 

31, 2015. 

John S. Duncan, 

Director, Flight Standards Service. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me, Title 14, 

Code of Federal Regulations, Part 97, (14 

CFR part 97), is amended by amending 

Standard Instrument Approach 

Procedures and Takeoff Minimums and 

ODPs, effective at 0901 UTC on the 

dates specified, as follows: 

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40106, 40113, 40114, 40120, 44502, 44514, 

44701, 44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 

97.35 [Amended] 

By amending: § 97.23 VOR, VOR/

DME, VOR or TACAN, and VOR/DME 

or TACAN; § 97.25 LOC, LOC/DME, 

LDA, LDA/DME, SDF, SDF/DME; 

§ 97.27 NDB, NDB/DME; § 97.29 ILS, 

ILS/DME, MLS, MLS/DME, MLS/RNAV; 

§ 97.31 RADAR SIAPs; § 97.33 RNAV 

SIAPs; and § 97.35 COPTER SIAPs, 

Identified 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16–03, is hereby rescinded in 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-Montgomery County.5/2877 12/18/15 RNAV (GPS) RWY 21, Orig-A. 

4–Feb–16 .......... KY Springfield ................... Lebanon SpringfieldGeorge Hoerter 

Field.

5/4582 12/18/15 VOR/DME RWY 11, Amdt 4B. 

4–Feb–16 .......... GA Atlanta ......................... Cobb County-MC 

Collum Field.

5/5998 12/18/15 Takeoff Minimums and (Obstacle) DP, Amdt 2. 

4–Feb–16 .......... GA Atlanta ......................... Cobb County-MC 

Collum Field.

5/5999 12/18/15 ILS OR LOC RWY 27, Amdt 4C. 

4–Feb–16 .......... GA Atlanta ......................... Cobb County-MC 

Collum Field.

5/6001 12/18/15 RNAV (GPS) RWY 27, Amdt 4A. 

4–Feb–16 .......... GA Atlanta ......................... Cobb County-MC 

Collum Field.

5/6003 12/18/15 VOR/DME RWY 9, Amdt 2. 

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 

Collum Field.

5/6855 12/18/15 RNAV (GPS) RWY 9, Amdt 3. 

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] 

BILLING CODE 4910–13–P 

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, 


tkelley on DSK3SPTVN1PROD with RULES
5586 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Rules and Regulations 

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, § 401.42(d)(2) establishes that 

participating Signatory Party agencies 

will notify DRBC at least once monthly 

of applications received under the 

Program; and § 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Rules and Regulations 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 § 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 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 

of the Compact.

Article 3—Project Review Under 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 

■ 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 

■ 2. Add § 401.42 to read as follows: 

§ 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 § 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: 


tkelley on DSK3SPTVN1PROD with RULES
5588 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Rules and Regulations 

(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 §§ 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. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Rules and Regulations 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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 73, 101, 118, 165, 172, 

173, 177, 178, 184, 189, 589, and 700 

[Docket No. FDA–2015–N–0011] 

Center for Food Safety and Applied 

Nutrition Library Address; Technical 

Amendments 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

amending certain regulations to update 

the location of references cited in our 

food regulations. We are taking this 

action to reflect the transfer of those 

references from our facility in College 

Park, MD, to our library at our main 

campus in Silver Spring, MD. We also 

are updating certain regulations to 

reflect the current names for specific 

FDA offices. 

DATES: This rule is effective February 3, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Philip L. Chao, Center for Food Safety 

and Applied Nutrition (HFS–024), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740– 

3835, 240–402–2112. 

SUPPLEMENTARY INFORMATION: Various 

regulations pertaining to human food 

have incorporated materials by 

reference. In general, the regulations 

have identified a library at the Center 

for Food Safety and Applied Nutrition 

(CFSAN), which was (at the time the 

regulations were published) located in 

Washington, DC, or in College Park, MD. 

We recently consolidated our library 

holdings at our main campus in Silver 

Spring, MD. Consequently, we are 

making technical amendments to our 

regulations at parts 73, 101, 118, 165, 

172, 173, 177, 178, 184, 189, 589, and 

700 (21 CFR parts 73, 101, 118, 165, 

172, 173, 177, 178, 184, 189, 589, and 

700) to state that the materials can be 

found at the FDA Library in Silver 

Spring, MD. We also are updating 

certain regulations to reflect the current 

names for specific FDA offices. The 

amendments are as follows: 

• We are revising §§ 73.165, 73.585, 

165.110, and 173.300 to update the 

library address from ‘‘Center for Food 

Safety and Applied Nutrition’s Library, 

5100 Paint Branch Pkwy., College Park, 

MD’’ to ‘‘Food and Drug 

Administration’s Main Library, 10903 

New Hampshire Ave., Bldg. 2, Third 

Floor, Silver Spring, MD 20993, 301– 

796–2039’’. 

• We are revising §§ 101.4, 

101.81(c)(2)(ii)(A) introductory text and 

(B)(1) and (2), 101.83, 165.110, 172.155, 

172.785, 172.833, 173.25, 173.45, 

173.340, 173.357, 173.370, 177.1350, 

177.1360, 177.1390, 177.1520, 177.2600, 

178.3297, 184.1063, 184.1148, 184.1150, 

184.1250, 184.1387, 184.1420, 184.1444, 

184.1866, 189.5, 589.2001, and 700.27 

to update the library address from 

‘‘Center for Food Safety and Applied 

Nutrition’s Library, 5100 Paint Branch 

Pkwy., College Park, MD 20740’’ to 

‘‘Food and Drug Administration’s Main 

Library, 10903 New Hampshire Ave., 

Bldg. 2, Third Floor, Silver Spring, MD 

20993, 301–796–2039’’. 

• We are revising § 101.80 to update 

the library address from ‘‘Center for 

Food Safety and Applied Nutrition’s 

Library, Harvey W. Wiley Federal 

Building, 5100 Paint Branch Pkwy., 

College Park, MD’’ to ‘‘Food and Drug 

Administration’s Main Library, 10903 

New Hampshire Ave., Bldg. 2, Third 

Floor, Silver Spring, MD 20993, 301– 

796–2039’’. 

• We are revising 

§ 101.81(c)(2)(ii)(A)(5) to update the 

library address from ‘‘Center for Food 

Safety and Applied Nutrition Library, 

5100 Paint Branch Pkwy., College Park, 

MD 20740’’ to ‘‘Food and Drug 

Administration’s Main Library, 10903 

New Hampshire Ave., Bldg. 2, Third 

Floor, Silver Spring, MD 20993, 301– 

796–2039’’. 

• We are revising §§ 118.8 and 

165.110 to update the library address 

from ‘‘Center for Food Safety and 

Applied Nutrition’s Library, 5100 Paint 

Branch Pkwy., College Park, MD, 301– 

436–2163’’ to ‘‘Food and Drug 

Administration’s Main Library, 10903 

New Hampshire Ave., Bldg. 2, Third 

Floor, Silver Spring, MD 20993, 301– 

796–2039’’. 

• We are revising § 165.110 to update 

the library address from ‘‘Center for 

Food Safety and Applied Nutrition’s 

Library, 200 C St. NW., Washington DC’’ 

to ‘‘Food and Drug Administration’s 

Main Library, 10903 New Hampshire 

Ave., Bldg. 2, Third Floor, Silver Spring, 

MD 20993, 301–796–2039’’. 

• We are revising §§ 165.110, 

172.723, 172.736, 172.804, 172.809, 

172.864, 172.886, 173.375, 177.1345, 

177.1585, 177.1637, 178.1010, 184.1007, 

184.1257, 184.1259, 184.1282, 184.1293, 

184.1472, 184.1530, 184.1699, 184.1979, 

184.1979a, 184.1979b, and 184.1979c to 

update the library address from ‘‘Center 

for Food Safety and Applied Nutrition’s 

Library, Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740’’ to ‘‘Food and Drug 

Administration’s Main Library, 10903 

New Hampshire Ave., Bldg. 2, Third 

Floor, Silver Spring, MD 20993, 301– 

796–2039’’. 

• We are revising §§ 172.167 and 

173.356 to update the library address 

from ‘‘Center for Food Safety and 

Applied Nutrition’s Library, Food and 

Drug Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740, 301– 

436–2163’’ to ‘‘Food and Drug 

Administration’s Main Library, 10903 

New Hampshire Ave., Bldg. 2, Third 

Floor, Silver Spring, MD 20993, 301– 

796–2039’’. 

• We are revising § 172.736 to update 

the library address from ‘‘in the library 

at the Center for Food Safety and 

Applied Nutrition, 5100 Paint Branch 

Pkwy., College Park, MD 20740’’ to ‘‘at 

the Food and Drug Administration’s 

Main Library, 10903 New Hampshire 

Ave., Bldg. 2, Third Floor, Silver Spring, 

MD 20993, 301–796–2039’’. 

• We are revising § 172.829 to update 

the library address from ‘‘Center for 

Food Safety and Applied Nutrition’s 

Library, 5100 Paint Branch Pkwy., rm. 

1C–100, College Park, MD 20740’’ to 

‘‘Food and Drug Administration’s Main 

Library, 10903 New Hampshire Ave., 

Bldg. 2, Third Floor, Silver Spring, MD 

20993, 301–796–2039’’. 

• We are revising § 173.325 to update 

the library address from ‘‘Center for 

Food Safety and Applied Nutrition’s 

Library, 5100 Paint Branch Pkwy., 

College Park, MD 20740 20204–0001’’ to 

‘‘Food and Drug Administration’s Main 

Library, 10903 New Hampshire Ave., 

Bldg. 2, Third Floor, Silver Spring, MD 

20993, 301–796–2039’’. 

• We are revising § 184.1311 to 

update the library address from ‘‘Center 

for Food Safety and Applied Nutrition’s 

library, 5100 Paint Branch Pkwy., 

College Park, MD 20740’’ to ‘‘Food and 

Drug Administration’s Main Library, 

10903 New Hampshire Ave., Bldg. 2, 

Third Floor, Silver Spring, MD 20993, 

301–796–2039’’. 

• We are revising 

§ 101.83(c)(2)(ii)(A)(2) and 

(c)(2)(ii)(B)(2), to remove the words 

‘‘Office of Nutritional Products, 

Labeling, and Dietary Supplements, 

Division of Nutrition Science and 

Policy,’’ and in their place add ‘‘Office 


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