This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

57270 

Vol. 73, No. 192 

Thursday, October 2, 2008 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2007–29305; Notice No. 

08–11] 

RIN 2120–AI92 

Automatic Dependent Surveillance— 

Broadcast (ADS–B) Out Performance 

Requirements To Support Air Traffic 

Control (ATC) Service; Reopening of 

Comment Period 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); reopening of comment period. 

SUMMARY: On October 5, 2007, the FAA 

published a Notice of Proposed 

Rulemaking (NPRM) that proposed 

performance requirements for certain 

avionics equipment on aircraft operating 

in specified classes of airspace within 

the United States National Airspace 

System. The comment period closed on 

March 3, 2008. The FAA is reopening 

the comment period for an additional 30 

days to give the public an opportunity 

to comment on recommendations 

received from an Aviation Rulemaking 

Committee established by the 

Administrator on July 15, 2007. 

DATES: Comments must be received on 

or before November 3, 2008. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2007–29305 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

• Hand Delivery: Bring comments to 

Docket Operations in Room W12–140 of 

the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Nordlie, ARM–108, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591, 

telephone (202) 267–7627. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views on the ARC’s recommendations. 

The most helpful comments reference a 

specific portion of the recommendation 

and include supporting data. To ensure 

the docket does not contain duplicate 

comments, please send only one copy of 

written comments, or if you are filing 

comments electronically, please submit 

your comments only one time. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed after the comment period has 

closed if it is possible to do so without 

incurring expense or delay. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Federal 

eRulemaking Portal at http:// 

www.regulations.gov; 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/ 

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Background 

On October 5, 2007, the FAA 

published Notice No. 07–15, Automatic 

Dependent Surveillance—Broadcast 

(ADS–B) Out performance requirements 

to support Air Traffic Control (ATC) 

service (72 FR 56947; Oct. 5, 2007). 

Comments to that document were to be 

received on or before January 3, 2008. 

On November 19, 2007, the FAA 

extended the comment period until 

March 3, 2008 (72 FR 64966). 

On July 15, 2007, the Administrator 

established the ADS-B Aviation 

Rulemaking Committee (ARC). The 

ADS–B ARC provides a forum for the 

U.S. aviation community to discuss and 

review the ADS–B NPRM, formulate 

recommendations on presenting and 

structuring an ADS–B mandate, and 

consider additional actions that may be 

necessary to implement those 

recommendations. On September 26, 

2008, pursuant to its responsibilities 

under the charter, the ADS–B ARC 

submitted to the FAA specific 

recommendations addressing the 

NPRM. These ARC recommendations 

have been placed in the docket. 

To give the public an opportunity to 

comment on the recommendations 

received from the ARC, the FAA is 

reopening the comment period for an 

additional 30 days. The purpose of the 

comment period is to receive public 

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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules 57271 

comments on the ARC 

recommendations; the FAA is not 

reopening the comment period on the 

NPRM. 

Issued in Washington, DC, on September 

29, 2008. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E8–23199 Filed 10–1–08; 8:45 am] 

BILLING CODE 4910–13–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

18 CFR Part 806 

Review and Approval of Projects 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice of proposed rulemaking 

and public hearing. 

SUMMARY: This document contains 

proposed rules that would amend the 

project review regulations of the 

Susquehanna River Basin Commission 

(Commission) by requiring review and 

approval of any natural gas well 

development project targeting the 

Marcellus, Utica or other shale 

formations and involving the 

withdrawal or consumptive use of 

waters of the Susquehanna River Basin, 

adding a provision providing for a 

specific approval by rule process for 

consumptive water use associated with 

such projects and modifying the 

definition of project. In addition, two 

editorial changes are made to the 

existing approval by rule provision 

related to the consumptive use of water 

withdrawn from public water supply 

systems to make that provision 

consistent with the new approval by 

rule provision for natural gas well 

development projects. 

DATES: Public hearings will be held on 

October 21 and October 22, 2008, 

beginning at 7 p.m. regarding this 

proposed rulemaking action. The 

locations of the hearings are listed in the 

ADDRESSES section of this notice. The 

deadline for submission of written 

comments on the proposed rulemaking 

is October 31, 2008. 

ADDRESSES: The October 21 2008, public 

hearing will be held at Lycoming 

College, Academic Center, Lecture Hall 

Room D001, Mulberry Street, 

Williamsport, PA 17701; the October 22, 

2008, public hearing will be held at 

Binghamton University, State University 

of New York, Lecture Hall Complex, 

Lecture Hall 1, Route 434 (Vestal 

Parkway East), Binghamton, NY 13903. 

Written comments may be submitted by 

mail to Mr. Richard A. Cairo, 

Susquehanna River Basin Commission, 

1721 N. Front Street, Harrisburg, PA 

17102–2391 or by e-mail to 

rcairo@srbc.net. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Cairo, General Counsel, 717– 

238–0423; Fax: 717–238–2436; e-mail: 

rcairo@srbc.net. Also, for further 

information on the proposed 

rulemaking, visit the Commission’s Web 

site at www.srbc.net. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose of 

Amendments 

As a result of advances in hydraulic 

fracturing, and higher natural gas prices, 

natural gas well development activity in 

the Susquehanna River Basin has 

increased dramatically in the past year, 

resulting in a large number of project 

applications being filed with the 

Commission seeking approval for the 

withdrawal and consumptive use of 

water for that activity. The Commission 

is hereby proposing a rulemaking action 

to handle the large and immediate 

influx of project applications, and to 

avoid adverse, cumulative adverse or 

interstate effects to the water resources 

of the basin. 

The proposed rule modifies the 

definition of ‘‘project ‘‘for purposes of 

natural gas well development, requires 

review and approval of any natural gas 

well development project involving the 

withdrawal or consumptive use of 

water, and adds a specific approval by 

rule process associated with the 

consumptive use of water by such 

projects. The Commission’s current 

approval by rule process is available for 

use only if the sole source of water is 

a public water supply system. Under the 

contemplated rule change, the approval 

by rule process would allow for the 

consumptive use of wastewater, acid 

mine water and other sources of water 

for natural gas well development 

projects. The proposal would not 

change the current process used to 

review groundwater or surface water 

withdrawals. 

In addition, two editorial changes are 

made to the existing approval by rule 

provision relating to the consumptive 

use of water withdrawn from public 

water supply systems to make that 

provision consistent with the new 

approval by rule provision for natural 

gas well development projects. 

List of Subjects in 18 CFR Part 806 

Administrative practice and 

procedure, Water resources. 

For the reasons set forth in the 

preamble, the Susquehanna River Basin 

Commission proposes to amend 18 CFR 

part 806 as follows: 

PART 806—REVIEW AND APPROVAL 

OF PROJECTS 

Subpart A—General Provisions 

1. The authority citation for part 806 

continues to read as follows: 

Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and 

15.2, Pub. L. 91–575, 84 Stat. 1509 et seq. 

2. In § 806.3, revise the definition of 

‘‘project’’ to read as follows: 

§ 806.3 Definitions. 

* * * * * 

Project. Any work, service, activity, or 

facility undertaken, which is separately 

planned, financed or identified by the 

Commission, or any separate facility 

undertaken or to be undertaken by the 

Commission or otherwise within a 

specified area, for the conservation, 

utilization, control, development, or 

management of water resources, which 

can be established and utilized 

independently, or as an addition to an 

existing facility, and can be considered 

as a separate entity for purposes of 

evaluation. For purposes of natural gas 

well development activity, the project 

shall be considered to be the drilling 

pad upon which one or more 

exploratory or production wells are 

undertaken, and all water-related 

appurtenant facilities and activities 

related thereto. 

* * * * * 

3. In § 806.4, amend paragraph (a) by 

adding paragraph (a)(8) to read as 

follows: 

§ 806.4 Projects requiring review and 

approval. 

(a) * * * 

* * * * * 

(8) Any natural gas well development 

project in the basin targeting the 

Marcellus, Utica or other shale 

formations for exploration or production 

of natural gas involving a withdrawal or 

consumptive use of waters of the basin, 

regardless of the quantity of such 

withdrawal or consumptive use. The 

project sponsor shall submit the 

appropriate application(s) in accordance 

with subpart B of this part and the 

project shall be subject to the applicable 

standards set forth in subpart C of this 

part. 

* * * * * 

4. In § 806.22, revise paragraph (e)(1) 

introductory text, (e)(1)(ii), and add a 

new paragraph (f) to read as follows: 

§ 806.22 Standards for consumptive uses 

of water. 

* * * * * 

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