Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules 44945 

(d) Commission staff will not consider 

requests for confidential treatment of 

information that is required to be made 

public under Section 5(d)(7) of the Act 

or Commission Regulations 40.3(a)(7) or 

40.5(a)(8). 

6. Appendix D is amended by adding 

a new sentence to the end of section 8, 

‘‘Other requirements,’’ to read as 

follows: 

Appendix D to Part 40—Submission 

Cover Sheet and Instructions 

* * * * * 

(8) Other requirements—* * * Checking 

the box marked ‘‘confidential treatment 

requested’’ on the Submission Cover Sheet 

does not obviate the submitter’s 

responsibility to comply with all applicable 

requirements for requesting confidential 

treatment in Rule 40.8(c) and, where 

appropriate, Rule 145.9, and will not 

substitute for notice or full compliance with 

such requirements. 

* * * * * 

PART 41—SECURITY FUTURES 

PRODUCTS 

7. The authority citation for part 41 

continues to read as follows: 

Authority: Sections 206, 251 and 252, Pub. 

L. 106–554, 114 Stat. 2763, 7 U.S.C. 1a, 2, 6f, 

6j, 7a–2, 12a; 15 U.S.C. 78g(c)(2). 

8. Section 41.23 is amended by 

adding new paragraph (a)(7) to read as 

follows: 

§ 41.23 Listing of security futures 

products for trading. 

(a) * * * 

(7) Includes a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

9. Section 41.24 is amended by 

adding new paragraph (a)(6) to read as 

follows: 

§ 41.24 Rule amendments to security 

futures products. 

(a) * * * 

(6) Includes a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

PART 145—COMMISSION RECORDS 

AND INFORMATION 

10. The authority for part 145 

continues to read as follows: 

Authority: Pub. L. 99–570, 100 Stat. 3207; 

Pub. L. 89–554, 80 Stat. 383; Pub. L. 90–23, 

81 Stat. 54; Pub. L. 98–502, 88 Stat. 1561–

1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93–

463, 88 Stat. 1389 (5 U.S.C. 4a(j)); unless 

otherwise noted. 

11. Section 145.9 is amended by 

revising paragraph (b) to read as follows: 

§ 145.9 Petition for confidential treatment 

of information submitted to the 

Commission. 

* * * * * 

(b) Scope. The provisions of this 

section shall apply only where the 

Commission has not specified that an 

alternative procedure be utilized in 

connection with a particular study, 

report, investigation, or other matter. 

See § 40.8 for procedures to be utilized 

in connection with filing information 

required to be filed pursuant to 17 CFR 

parts 40 and 41. 

* * * * * 

Issued in Washington, DC on July 23, 2008, 

by the Commission. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. E8–17529 Filed 7–31–08; 8:45 am] 

BILLING CODE 6351–01–P 

DELAWARE RIVER BASIN 

COMMISSION 

18 CFR Part 410 

Proposed Amendments to the Water 

Code and Comprehensive Plan To 

Implement a Revised Water Audit 

Approach to Identify and Control Water 

Loss 

AGENCY: Delaware River Basin 

Commission. 

ACTION: Proposed rule; notice of public 

hearing. 

SUMMARY: The Delaware River Basin 

Commission (‘‘Commission’’ or 

‘‘DRBC’’) will hold a public hearing to 

receive comments on proposed 

amendments to the Commission’s Water 

Code and Comprehensive Plan to phase 

in a requirement for water purveyors to 

follow a revised water audit approach to 

identify and control water loss. 

DATES: Comments: Written comments 

must be received by 5 p.m. October 3, 

2008. 

Meeting and public hearing: The 

Commission will hold an informational 

meeting on Wednesday, September 10, 

2008 from 4 p.m. to 6 p.m. The 

Commission also will hold a public 

hearing on Thursday, September 25, 

2008 at the Commission’s office 

building. The hearing will begin at 1:30 

p.m. and will continue until all those 

who wish to testify are afforded an 

opportunity to do so. For more 

information regarding the procedures 

for these hearings and comments, see 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: The informational meeting 

and public hearing will be held at the 

Commission’s office building, which is 

located at 25 State Police Drive, West 

Trenton, New Jersey. Driving directions 

are available on the Commission’s Web 

site—http://www.drbc.net. Please do not 

rely on Internet mapping services as 

they may not provide accurate 

directions to the DRBC. 

FOR FURTHER INFORMATION, CONTACT: For 

further information, please contact 

Pamela Bush, Commission Secretary 

and Assistant General Counsel, 

Delaware River Basin Commission, at 

609–883–9500 ext. 203. 

SUPPLEMENTARY INFORMATION: Persons 

wishing to testify at the public hearing 

are asked to register in advance by 

phoning Ms. Paula Schmitt at 609–883–

9500, ext. 224. 

Written comments may be submitted 

as follows: If by e-mail, to 

paula.schmitt@drbc.state.nj.us; if by fax, 

to Commission Secretary at 609–883–

9522; if by U.S. Mail, to Commission 

Secretary, DRBC, P.O. Box 7360, West 

Trenton, NJ 08628–0360; or if by 

overnight mail, to Commission 

Secretary, DRBC, 25 State Police Drive, 

West Trenton, NJ 08628–0360. In all 

cases, please include the commenter’s 

name, address and affiliation, if any, in 

the comment document and include 

‘‘Water Audit’’ in the subject line. 

Background. An estimated 150 

million gallons of treated and 

pressurized water is physically lost from 

public water supply distribution 

systems in the Delaware River Basin per 

day and current methods to account for, 

track and reduce this loss are 

inadequate. 

The purpose of the proposed 

amendments is to phase in a program 

requiring water purveyors to perform a 

water audit and report their findings in 

accordance with a new audit structure 

established by the American Water 

Works Association (AWWA) and the 

International Water Association (IWA). 

These new methods are widely regarded 

as superior to the existing approach, 

which entails tracking ‘‘unaccounted for 

water,’’ which is no longer considered 

best practice. 

The new water audit methodology 

provides a rational approach that will 

facilitate more consistent tracking and 

reporting than the existing approach 

allows. It will help water managers and 

regulators, including the Commission, 

state agencies, and utility managers, 

target their efforts to improve water 

supply efficiency, thereby reducing 

water withdrawals. Improving water 

accountability will contribute to 

achieving objective 1.3.C of the Water 

Resources Plan for the Delaware River 

Basin, which calls for ensuring 


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44946 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules 

maximum feasible efficiency of water 

use across all sectors. 

The Commission’s Water Management 

Advisory Committee (WMAC), which 

has taken primary responsibility for 

reviewing the proposed audit 

methodology and developing these 

amendments, is composed of 

representatives from a wide range of 

public and private sector organizations. 

WMAC membership includes: Mr. 

Ferdows Ali, Environmental Scientist 

with the New Jersey Department of 

Agriculture; Ms. Janet L. Bowers, 

Executive Director of the Chester 

County Water Resources Authority; Mr. 

Gerald Esposito, President of Tidewater 

Utilities; Mr. David Froehlich, of the 

Wissahickon Valley Watershed 

Association; Mr. David Jostenski, Chief 

of the Water Use Assessment Section of 

the Pennsylvania Department of 

Environmental Protection; Mr. Mark 

Hartle, of the Pennsylvania Fish & Boat 

Commission, Division of Environmental 

Services; Mr. Stewart Lovell, Supervisor 

of Water Allocations of the Delaware 

Department of Natural Resources and 

Environmental Control; Mr. John Mello, 

of Region II of the U.S. Environmental 

Protection Agency; Mr. Bruno M. 

Mercuri, of Mercuri and Associates, 

Inc.; Dr. Joseph A. Miri, of the New 

Jersey Department of Environmental 

Protection, Water Supply Element; Mr. 

Robert Molzahn, of the Water Resources 

Association of the Delaware River Basin; 

Mr. Howard Neukrug, of the 

Philadelphia Water Department; Ms. 

Mary Ellen Noble, of the Delaware 

Riverkeeper Network; Ms. Senobar 

Safafar, of the New York City 

Department of Environmental 

Protection, Strategic Services Division, 

Bureau of Water Supply; Mr. Tom 

Simms, Director of the Institute of Soil 

and Environmental Quality of the 

University of Delaware DGS Annex; Mr. 

Ronald A. Sloto, of the U.S. Geological 

Survey, Water Resources Division; Ms. 

Edith Stevens, of the League of Women 

Voters; and Mr. Glen Stevens, of the 

U.S. Army Corps of Engineers. 

On May 25, 2004, the WMAC 

established a subcommittee to 

investigate the issue of water loss and 

water accountability in light of new 

methods proposed by the American 

Water Works Association (AWWA) and 

the International Water Association 

(IWA). The subcommittee met on four 

occasions to review the Commission’s 

current policies concerning water loss 

and water accountability and to discuss 

the new methods. The DRBC’s current 

policies are based on the concept of 

‘‘unaccounted for water,’’ which is no 

longer considered best practice. The 

new methods are based upon more 

precise definitions and more rational 

accounting procedures that will result 

in a clearer understanding on the part of 

utility managers and regulators of the 

causes of water loss. The new methods 

will thus facilitate targeted 

improvements that reduce system water 

demands, with region-wide benefits. 

DRBC staff participated in the 

development of water audit software 

based on the new accounting methods, 

in an effort led by the AWWA Water 

Loss Control Committee (WLCC). 

On March 16, 2005, after listening to 

a presentation outlining the benefits of 

the new water accountability methods, 

the DRBC Commissioners asked DRBC 

staff and the WMAC to develop a 

position statement and policy 

recommendations for the Commission 

and to engage water purveyors in the 

Basin in a pilot study of the newly 

developed water audit software in order 

to test the software and solicit feedback. 

Six water purveyors from the 

Delaware River Basin were identified to 

participate in the nationwide pilot 

study. The comments and feedback 

provided to AWWA led to 

improvements in the software. In March 

2006, the software was approved by the 

AWWA WLCC and was posted on the 

AWWA Web site, where it is available 

at no charge to all users. Links to the 

software are posted on the water 

conservation page of the DRBC Web site: 

http://www.state.nj.us/drbc/policy.htm. 

The WMAC and its subcommittee 

determined that the IWA/AWWA water 

audit methodology represents an 

improvement to the Commission’s 

current practices and can lead to 

multiple benefits for water utilities and 

other stakeholders. It is anticipated that 

adoption of the IWA/AWWA approach 

will: 

• Improve upon the traditional 

approach for identifying ‘‘unaccounted 

for water,’’ which lacks standardized 

terminology and a clearly defined water 

audit structure. 

• Provide a rational water audit 

structure to help identify water losses 

and improve water supply system 

efficiency. 

• Provide meaningful performance 

indicators to help identify systems with 

the greatest losses. These indicators 

allow water utility managers to make 

reliable comparisons of performance 

and to identify best practices to control 

water loss in an economical way. 

• Identify ways to improve water 

supply efficiency and thereby reduce 

water withdrawals that have no 

beneficial end use. 

• Help to target efforts to reduce the 

estimated 150 million gallons per day 

that is physically lost from public water 

supply distribution systems in the 

Basin. 

• Enhance utility revenues by 

enabling utility managers to recover the 

significant revenue that is otherwise lost 

due to apparent losses such as theft of 

service, unbilled connections, meter 

discrepancies and data errors. 

• Help utility managers and 

regulators identify real losses (such as 

leakage) that waste treated and 

pressurized water and increase 

operating costs. Significant real losses 

indicate opportunities for improved 

asset management that can reduce the 

vulnerability of utilities to disruptive 

water main breaks, other service 

disruptions and water quality upsets. 

Because the water audit approach is 

relatively new in a regulatory context, 

the proposed amendments call for 

phased implementation. Until 2011, the 

DRBC will promote the voluntary use of 

the IWA/AWWA water audit program. 

During this period, information will be 

gathered from within the Basin and 

nationwide to assist in the 

establishment of performance indicators 

for water loss, which ultimately will 

replace the ‘‘unaccounted for water’’

targets. If approved, the proposed 

amendments will require water 

purveyors to perform an annual water 

audit conforming to the IWA/AWWA 

methodology, beginning in calendar 

year 2012. 

The proposed amendments also 

require changes in the way data 

pertaining to water loss are collected by 

the state agencies and shared with 

DRBC. 

The text of the proposed Water Code 

amendments is available on the DRBC 

Web site, drbc.net. A copy can also be 

obtained by contacting Paula Schmitt at 

609–883–9500, ext. 224. 

Dated: July 28, 2008. 

Pamela M. Bush, 

Commission Secretary. 

[FR Doc. E8–17661 Filed 7–31–08; 8:45 am] 

BILLING CODE 6360–01–P 

RAILROAD RETIREMENT BOARD 

20 CFR Part 220 

RIN 3220–AB62 

Removal of Listing of Impairments and 

Related Amendments 

AGENCY: Railroad Retirement Board 

ACTION: Proposed rule. 

SUMMARY: The Railroad Retirement 

Board proposes to remove the Listing of 

Impairments within our regulations. 

The Board’s Listing of Impairments (the 


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