75428 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 

altitude sensors) that are not shown to 

be extremely improbable. 

(6) The flight demonstration must 

include the following environmental 

conditions: 

(i) Swell into wind. 

(ii) Swell and wind from different 

directions. 

(iii) Cross swell. 

(iv) Swell of different lengths (short 

and long swell). 

(7) The flight demonstration must also 

evaluate OEI procedures from hover 

while hoisting an external load. 

Issued in Fort Worth, Texas, on December 

9, 2014. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–29594 Filed 12–17–14; 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: Final rule. 

SUMMARY: This document contains final 

rules that would amend the regulations 

of the Susquehanna River Basin 

Commission (Commission) to clarify the 

water uses involved in hydrocarbon 

development that are subject to the 

consumptive use regulations, as 

implemented by the Approval by Rule 

(ABR) program. 

DATES: Effective January 23, 2015. 

ADDRESSES: Susquehanna River Basin 

Commission, 4423 N. Front Street, 

Harrisburg, PA 17110–1788. 

FOR FURTHER INFORMATION CONTACT: 

Jason E. Oyler, Esq., Regulatory Counsel, 

telephone: 717–238–0423, ext. 1312; 

fax: 717–238–2436; email: joyler@

srbc.net. Also, for further information 

on the final rulemaking, visit the 

Commission’s Web site at www.srbc.net. 

SUPPLEMENTARY INFORMATION: 

Comments and Responses to Proposed 

Rulemaking 

Notice of proposed rulemaking was 

published in the Federal Register on 

September 26, 2014 (79 FR 57850); the 

New York Register on October 1, 2014; 

the Maryland Register on October 3, 

2014; and the Pennsylvania Bulletin on 

November 1, 2014. The Commission 

convened a public hearing on November 

6, 2014, in Harrisburg, Pennsylvania 

and a written comment period was held 

open through November 17, 2014. 

General Comments 

Comment: The Commission received 

comments supportive of the changes in 

the terms and definitions noted in the 

Rulemaking. The changes are reflective 

of the nature of the industry and are 

plainly straightforward. 

Response: The Commission 

appreciates the comments. 

Comment: One commenter asked that 

the rulemaking not be adopted because 

the proposed changes restrict 

Commission oversight. 

Response: The Commission disagrees 

and notes that the proposed regulations 

strengthen its program and clarify a 

greater scope of water uses by the 

hydrocarbon development industry 

subject to the Commission’s ABR 

program. 

Comment: The regulations should 

provide for an appeal by an impacted 

stakeholder before a permit is issued. 

Response: The ABR process provides 

for a comment period during which 

stakeholders may raise issues of concern 

regarding a project before an approval is 

issued. This public comment period is 

not changed by the rulemaking. No 

changes to the Commission’s rules 

related to hearings and administrative 

appeals were proposed and are beyond 

the scope of this rulemaking. Further, 

allowing an appeal of a Commission 

approval prior to the issuance of such 

an approval would run contrary to 

longstanding principles of 

administrative law. 

Comments by Section, Part 806 

Section 806.3—Definitions 

Comment: Revise the definition of 

‘‘construction’’ to include the pad sites, 

access roads, rights-of-way for pipelines 

and intake area clearings as such project 

activities affect the environment. 

Response: The Commission’s 

definition of construction is appropriate 

for regulation of the withdrawal and 

consumptive use of water and 

appropriate for the ABR program for the 

use of water by hydrocarbon 

development projects. The ABR 

program does not regulate all 

environmental impacts of hydrocarbon 

development, rather the environmental 

impacts to which the commenter refers 

are regulated by the appropriate member 

jurisdictions through various permitting 

programs, including erosion and 

sediment control and oil and gas 

management. The ABR Program 

supports the regulation of other aspects 

of hydrocarbon development projects by 

requiring in § 806.22(f)(7) that the 

project sponsor obtain all necessary 

permits or approvals required for the 

project from other federal, state or local 

government agencies. 

Comment: The term ‘‘drilling pad 

site’’ should be changed to ‘‘well pad 

site’’ because many of the activities that 

are regulated on the pad site go beyond 

just drilling. 

Response: The term ‘‘drilling pad 

site’’ is currently used in the 

Commission’s regulations, but was not 

defined. The term is used in several 

sections and subsections not subject to 

the proposed rulemaking. For this 

reason, the Commission declines to 

make this change in this final rule. 

However, the Commission believes the 

comment has merit and will consider it 

in a forthcoming comprehensive 

rulemaking that is currently under 

development. 

Comment: In the definition of 

‘‘hydrocarbon development project,’’ the 

term ‘‘hydro-seeding’’ is used. It is 

recommended to use the term 

‘‘hydroseeding or other revegetation 

activities’’ instead. 

Response: The Commission agrees 

with the comment and has made the 

change in the final rule. 

Comment: Language should be added 

clarifying that all water use on-site 

requires Commission approval. 

Response: The definition of 

‘‘hydrocarbon development project’’ 

contains language that covers all waterrelated activities and facilities on the 

drilling pad site, including activities 

and facilities associated with the 

production, maintenance, operation, 

closure, plugging and restoration of 

wells or drilling pad sites that would 

require consumptive water usage. The 

use of water for these activities will be 

subject to Commission approval through 

the ABR program. 

Comment: The Commission is to be 

applauded for revising its definitions to 

include water used not only for well 

development and drilling, but also for 

infrastructure. 

Response: The Commission 

appreciates the comment. The final rule 

retains the language extending the ABR 

approvals to specific water uses off the 

drilling pad site, which are water used 

for hydro-seeding or other revegetation 

activities, dust suppression, and hydroexcavation of access roads and 

underground lines, as well as tank 

cleanings, related to a drilling pad site 

or centralized impoundments. 

Comment: The Commission should 

extend its review to beyond the well 

pad. 

Response: The definition of 

‘‘hydrocarbon development project’’ 

includes specified facilities and 

activities off the drilling pad site as 

noted in the prior response. 


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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 75429 

Comment: A commenter opposes the 

Commission’s responsibility for 

oversight ending once a gas well has 

been plugged. 

Response: The definition of 

‘‘hydrocarbon development project’’ 

provides such a project continues ‘‘until 

all post-plugging restoration is 

completed in accordance with all 

applicable member jurisdiction 

requirements.’’ The Commission finds 

that this is an appropriate time for the 

Commission’s jurisdiction under 

§ 806.22(f) to cease as the project 

sponsor’s consumptive water use ceases 

at that point. 

Comment: The definition of ‘‘project’’ 

should be expanded to go beyond any 

‘‘independent activity.’’ 

Response: The Commission declines 

to expand the scope of the definition of 

‘‘project.’’ The term ‘‘project’’ as defined 

matches the definition in Section 1.2 of 

the Susquehanna River Basin Compact, 

Public Law 91–575. The rulemaking 

provides specific definitions for 

‘‘hydrocarbon development project’’ and 

‘‘unconventional natural gas 

development project’’ to add clarity to 

how these activities trigger the 

Commission’s oversight and 

jurisdiction. 

Comment: The definition of ‘‘project’’ 

contains a typographical error. The 

word ‘‘additional’’ should be 

‘‘addition.’’ 

Response: The Commission agrees 

and the correction is made in the final 

rulemaking. 

Section 806.15—Notice of Application 

Comment: Section 806.15(e) should 

be amended to require notice in a 

newspaper of general circulation 

‘‘serving the’’ area which the water 

obtained from such source will be 

initially used, replacing the existing 

language of a newspaper of general 

circulation ‘‘in each’’ area. 

Response: This specific change was 

not a part of the proposed rulemaking. 

The Commission believes the existing 

language is adequate. 

Section 806.22—Standards for 

Consumptive Uses of Water 

Comment: The term for approval 

under section 806.22(e)(7) should be 5 

years instead of 15 years. 

Response: The Approval by Rule in 

subsection 806.22(e) relates to projects 

where the sole source of water is from 

a public water supply. This type of ABR 

approval currently has a term of 15 

years, and the Commission did not 

propose or contemplate any changes to 

this term in the proposed rulemaking. 

The Commission declines to make any 

change to the term provided in 

subsection 806.22(e)(7). 

Comment: The wording of subsection 

806.22(f)(4) should be changed from 

‘‘per gas well’’ to ‘‘per oil and gas well’’ 

because hydrocarbon development 

projects under the ABR program can 

relate to oil wells, gas wells or both. 

Response: The Commission agrees 

with the comment and has made the 

change in this final rulemaking. 

Comment: The change to subsection 

806.22(f)(4) from ‘‘dust control’’ to 

‘‘other project related activity’’ is an 

attempt to obfuscate an industry 

practice of using hydrofracturing 

wastewater by spraying it on the roads 

for dust suppression by folding into a 

broader term. 

Response: The Commission disagrees 

with the comment. The term ‘‘dust 

control’’ in subsection 806.22(f)(4) has 

been replaced with the broader term 

‘‘other project related activity’’ to 

appropriately reflect the broader scope 

of the consumptive water uses regulated 

by the Commission. The final 

regulations clarify that any consumptive 

uses of water for dust control on roads 

related to a drilling pad site must be 

accounted for under the project 

sponsor’s ABR approval. Whether a 

project sponsor can use waste water for 

dust suppression on roads is a matter 

regulated by the Commission’s member 

jurisdictions, and is beyond the scope of 

this rulemaking. 

Comment: In subsection 806.22(f)(10), 

the Commission noted that it was 

considering whether to change the 

duration of approvals issued under the 

ABR program from 5 years to a longer 

term of up to 15 years and specifically 

sought public comment regarding such 

change. Some commenters expressed 

support for a change to 15 years out of 

interest in greater flexibility for the 

industry in planning and suggested that 

a longer term would potentially result in 

fewer sources being permitted for use. 

One commenter recommended an initial 

term of five years and renewal terms of 

15 years. Other commenters opposed 

any extension of the current 5-year term 

noting: Shorter terms allow the 

Commission to better consider evolving 

technologies and changes in industry 

practices; longer terms reduce 

opportunities for public input into 

ABRs; and shorter terms allow the 

Commission to more frequently adjust 

necessary management practices, 

procedures and reporting requirements. 

Response: The rulemaking as 

proposed retained the 5-year term 

currently in subsection 806.22(f)(10). 

Based on its deliberations, including the 

public comment, the Commission has 

decided to retain the 5-year term in this 

final rulemaking. 

Transition Issues 

This rulemaking takes effect on 

January 23, 2015. The Commission 

recognizes that project sponsors may 

have let ABRs expire for currently 

operating projects that, based on the 

clarifications provided in this final rule, 

will need to be covered under an ABR 

approval. The Commission encourages 

project sponsors to submit applications 

for these previously approved 

hydrocarbon development projects in a 

timely fashion. If application is made 

prior to June 30, 2015, the application 

may be made at the fee for ABR 

renewals. Any applications made after 

June 30, 2015, for currently operating 

projects that allowed their ABR 

approvals to expire will be made at the 

fee for new ABR applications and will 

be subject to active compliance efforts 

by the Commission, up to and including 

the assessment of civil penalties. 

List of Subjects in 18 CFR Part 806 

Administrative practice and 

procedure, Water resources. 

Accordingly, for the reasons set forth 

in the preamble, the Susquehanna River 

Basin Commission amends 18 CFR part 

806 as follows: 

PART 806—REVIEW AND APPROVAL 

OF PROJECTS 

■ 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. 

Subpart A—General Provisions 

■ 2. In § 806.3: 

■ a. Revise the definition for 

‘‘Construction’’; 

■ b. Add, in alphabetical order, a 

definition of ‘‘Drilling pad site’’; 

■ c. Remove the definition for 

‘‘Hydrocarbon development’’ and add in 

its place, in alphabetical order, the 

definition of ‘‘Hydrocarbon 

development project’’; 

■ d. Revise the definition of ‘‘Project’’; 

and 

■ e. Remove the definition for 

‘‘Unconventional natural gas 

development’’ and add in its place, in 

alphabetical order, the definition of 

‘‘Unconventional natural gas 

development project’’. 

The revisions and additions read as 

follows: 

§ 806.3 Definitions. 

* * * * * 

Construction. To physically initiate 

assemblage, installation, erection or 


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75430 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 

fabrication of any facility, involving or 

intended for the withdrawal, 

conveyance, storage or consumptive use 

of the waters of the basin. For purposes 

of unconventional natural gas 

development projects subject to review 

and approval pursuant to § 806.4(a)(8), 

initiation of construction shall be 

deemed to commence upon the drilling 

(spudding) of a gas well, or the 

initiation of construction of any water 

impoundment or other water-related 

facility to serve the project, whichever 

comes first. 

* * * * * 

Drilling pad site. The area occupied 

by the equipment or facilities necessary 

for or incidental to drilling, production 

or plugging of one or more hydrocarbon 

development wells and upon which 

such drilling has or is intended to occur. 

* * * * * 

Hydrocarbon development project. A 

project undertaken for the purpose of 

extraction of liquid or gaseous 

hydrocarbons from geologic formations, 

including but not limited to the drilling, 

casing, cementing, stimulation and 

completion of unconventional natural 

gas development wells, and all other 

activities and facilities associated with 

the foregoing or with the production, 

maintenance, operation, closure, 

plugging and restoration of such wells 

or drilling pad sites that require water 

for purposes including but not limited 

to, re-stimulation and/or re-completion 

of wells, fresh water injection of 

production tubing, use of coiled tubing 

units, pumping, cement hydration, dust 

suppression, and hydro-seeding or other 

revegetation activities, until all postplugging restoration is completed in 

accordance with all applicable member 

jurisdiction requirements. The project 

includes water used for hydro-seeding 

or other revegetation activities, dust 

suppression and hydro-excavation of 

access roads and underground lines, as 

well as cleaning of tanks, related to a 

drilling pad site and centralized 

impoundments. 

* * * * * 

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. 

* * * * * 

Unconventional natural gas 

development project. A hydrocarbon 

development project undertaken for the 

purpose of extraction of gaseous 

hydrocarbons from low permeability 

geologic formations utilizing enhanced 

drilling, stimulation or recovery 

techniques. 

* * * * * 

■ 3. In § 806.15, revise paragraph (e) to 

read as follows: 

§ 806.15 Notice of application. 

* * * * * 

(e) For applications submitted under 

§ 806.22(f)(13) for a wastewater 

discharge source, the newspaper notice 

requirement contained in paragraph (a) 

of this section shall be satisfied by 

publication in a newspaper of general 

circulation in each area within which 

the water obtained from such source 

will initially be used for hydrocarbon 

development. 

* * * * * 

■ 4. In § 806.22, revise paragraphs (e)(7), 

(f) introductory text, (f)(1), (f)(4), (f)(10), 

(f)(11) introductory text, and (f)(12) to 

read as follows: 

§ 806.22 Standards for consumptive uses 

of water. 

* * * * * 

(e) * * * 

(7) Approval by rule shall be effective 

upon issuance by the Executive Director 

to the project sponsor, shall expire 15 

years from the date of such issuance, 

and supersede any previous 

consumptive use approvals to the extent 

applicable to the project. 

* * * * * 

(f) Approval by rule for consumptive 

use related to unconventional natural 

gas and other hydrocarbon development 

projects. 

(1) Any unconventional natural gas 

development project subject to review 

and approval under § 806.4(a)(8), or any 

other hydrocarbon development project 

subject to review and approval under 

§§ 806.4, 806.5, or 806.6, shall be 

subject to review and approval by the 

Executive Director under this paragraph 

(f) regardless of the source or sources of 

water being used consumptively. 

* * * * * 

(4) The project sponsor shall comply 

with metering, daily use monitoring and 

quarterly reporting as specified in 

§ 806.30, or as otherwise required by the 

approval by rule. Daily use monitoring 

shall include amounts delivered or 

withdrawn per source, per day, and 

amounts used per oil or gas well or 

drilling pad site, per day, for well 

drilling, hydrofracture stimulation, 

hydrostatic testing, and other projectrelated activity. The foregoing shall 

apply to all water, including stimulation 

additives, flowback, drilling fluids, 

formation fluids and production fluids, 

utilized by the project. The project 

sponsor shall also submit a posthydrofracture report in a form and 

manner as prescribed by the 

Commission. 

* * * * * 

(10) Approval by rule shall be 

effective upon issuance by the Executive 

Director to the project sponsor, shall 

expire five years from the date of such 

issuance, and supersede any previous 

consumptive use approvals to the extent 

applicable to the project. 

(11) In addition to water sources 

approved for use by the project sponsor 

pursuant to § 806.4 or this section, a 

project sponsor issued an approval by 

rule pursuant to paragraph (f)(9) of this 

section may utilize any of the following 

water sources at the drilling pad site, 

subject to such monitoring and 

reporting requirements as the 

Commission may prescribe: 

* * * * * 

(12) A project sponsor issued an 

approval by rule pursuant to paragraph 

(f)(9) of this section may utilize a source 

of water approved by the Commission 

pursuant to § 806.4(a), or by the 

Executive Director pursuant to 

paragraph (f)(14) of this section, and 

issued to persons other than the project 

sponsor, provided any such source is 

approved for use in hydrocarbon 

development, the project sponsor has an 

agreement for its use, and at least 10 

days prior to use, the project sponsor 

registers such source with the 

Commission on a form and in the 

manner prescribed by the Commission. 

* * * * * 

Dated: December 12, 2014. 

Stephanie L. Richardson, 

Secretary to the Commission. 

[FR Doc. 2014–29643 Filed 12–17–14; 8:45 am] 

BILLING CODE 7040–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2014–0948] 

Drawbridge Operation Regulation; Red 

River, Alexandria, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 


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