Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31647 

number included in the Trade Capture 

Report during the previous month or 

longer. The master file will effectively 

establish a baseline of account 

information. Subsequently, each 

exchange would be required to file a 

weekly ‘‘change file’’ reporting only 

changes that occurred during the week 

(e.g., new accounts, deleted accounts, or 

changes to accounts already in the 

master file). Is there a more convenient 

way to provide the required information 

on a regular basis? Do changes occur so 

frequently that a change file should be 

submitted daily instead of weekly? 

6. What entities will have to report 

raw data to exchanges so that exchanges 

can compile the information required by 

the OCR? Since these entities will 

already be in possession of OCR 

information, what additional measures 

will they have to take to transmit it to 

exchanges or prepare it for 

transmission? What will be the dollar 

and staff-hour cost of those measures? 

To the extent possible, please itemize 

costs related to initial implementation 

as well as regular reporting costs. 

7. How long will it take exchanges to 

assemble the necessary information and 

transmit the first OCR to the 

Commission? What will be the dollar 

and staff-hour costs associated with 

providing the OCR? To the extent 

possible, please itemize costs related to 

initial implementation as well as regular 

reporting. 

8. Will the OCR impose any disparate 

impact on small businesses? If so, how 

can it be minimized? Please describe 

and estimate the number of small 

entities that will be impacted. 

V. Conclusion 

The Commission invites comment on 

this Advanced Notice and the specific 

questions presented above. The 

comments and answers received will be 

used in developing a proposed rule with 

respect to the OCR at a later date. 

Issued in Washington, DC, on June 26, 

2009 by the Commission. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. E9–15665 Filed 7–1–09; 8:45 am] 

BILLING CODE P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

18 CFR Parts 806 and 808 

Review and Approval of Projects 

AGENCY: Susquehanna River Basin 

Commission (SRBC). 

ACTION: Notice of proposed rulemaking 

and public hearing. 

SUMMARY: This document contains 

proposed rules that would amend 

project review regulations to include 

provisions specifically requiring 

Commission approval of projects 

undergoing Federal Energy Regulatory 

Commission (FERC) and Nuclear 

Regulatory Commission (NRC) licensing 

actions that affect the basin’s water 

resources; restricting the use of docket 

reopening petitions to avoid abuses of 

process; amending the ‘‘Approval by 

Rule’’ (ABR) process to standardize ABR 

notice procedures and allow for project 

sponsors to utilize approved water 

sources at approved drilling pad sites 

without the need for modification of the 

ABR; clarifying that the public hearing 

requirement for rulemaking shall be 

applicable to the proposed rulemaking 

stage of that process; and further 

providing for the time period within 

which administrative appeals must be 

filed. 

DATES: Comments on these proposed 

rules may be submitted to the SRBC on 

or before August 15, 2009. The 

Commission has scheduled two public 

hearings on the proposed rules, to be 

held August 4, 2009, in Harrisburg, 

Pennsylvania, and August 5, 2009, in 

Elmira, New York. The locations of the 

public hearings are listed in the 

addresses section of this document. 

Additionally, individuals wishing to 

testify are asked to notify the 

Commission in advance, if possible, at 

the regular or electronic addresses given 

below. 

ADDRESSES: Comments may be mailed 

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. 

The public hearings will be held on 

Tuesday, August 4, 2009, at 10 a.m., at 

the Rachel Carson State Office Building, 

400 Market Street, Harrisburg, PA 

17101, and Wednesday, August 5, 2009, 

at 7 p.m., at the Holiday Inn—Elmira 

Riverview, 760 E. Water Street, Elmira, 

New York 14901. Those wishing to 

testify are asked to notify the 

Commission in advance, if possible, at 

the regular or electronic addresses given 

below. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Cairo, General Counsel, 

telephone: 717–238–0423, ext. 306; fax: 

717–238–2436; e-mail: rcairo@srbc.net. 

Also, for further information on the 

proposed rulemaking, visit the 

Commission’s Web site at http:// 

www.srbc.net. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose of 

Amendments 

The SRBC adopted final rulemaking 

on December 5, 2006, published at 71 

FR 78570, December 29, 2006, 

establishing: (1) The scope and 

procedures for review and approval of 

projects under Section 3.10 of the 

Susquehanna River Basin Compact, 

Public Law 91–575; 83 Stat. 1509 et seq. 

(the compact); (2) special standards 

under Section 3.4 (2) of the compact 

governing water withdrawals, 

consumptive use of water; diversions of 

the basin’s waters, water conservation, 

and water use registration; and (3) 

procedures for hearings, administrative 

appeals, and enforcement actions. 

18 CFR 806.4(a) contains broad 

authority for the review and approval of 

water resources projects by the 

Commission, including projects on or 

crossing the boundary between two 

member States, projects in a member 

State having a significant effect on the 

water resources in another member 

State, and projects affecting the SRBC 

comprehensive plan. Nevertheless, there 

is no express provision in § 806.4 

specifically requiring that projects 

affecting the water resources of the 

basin and undergoing licensing actions 

by the FERC or the NRC be approved by 

the Commission, although that is its 

current practice. To remove any 

uncertainty regarding the need for 

approval of such projects, the 

Commission proposes to insert language 

covering certain projects involved in 

FERC and NRC licensing procedures. 

18 CFR 806.22(f), which was adopted 

by the Commission as a final rule on 

December 4, 2008, and published in the 

Federal Register on December 23, 2008, 

at p. 78618, provides an ‘‘Approval by 

Rule’’ (ABR) procedure for consumptive 

use related to natural gas well 

development that is separate from the 

pre-existing ABR process for projects 

supplied by public water systems, 

which is contained in 18 CFR 806.22(e). 

The Commission proposes to modify the 

public notice provisions related to both 

ABR provisions to make them 

consistent, and simplify the 

administration of the natural gas ABR 

procedure to allow project sponsors to 

utilize all approved sources at any 

approved drilling pad site without the 

need to register its own water source 

approvals or the need to modify each 

ABR issued for subsequently issued 

approvals. It also would allow for 

registration of other approved sources to 

allow for use at the project sponsor’s 

approved drilling pad sites. 

18 CFR 806.32 allows for the 

reopening of a project approval upon 

31648 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 

the motion of the Commission, or upon 

application of the project sponsor or any 

interested party for the purpose of 

making additional orders that may be 

necessary to mitigate or avoid adverse 

impacts or otherwise protect the public 

health, safety, and welfare or water 

resources. In two recent cases, 

interested parties whose § 808.2 

administrative appeals were denied, 

then attempted to use § 806.32 to obtain 

administrative review of the same 

matter. The Commission believes that 

one administrative proceeding seeking 

relief on a particular issue is sufficient. 

Therefore the Commission proposes to 

amend § 806.32 to limit the filing of a 

petition to reopen where the matter has 

already been considered by the 

Commission in an administrative appeal 

proceeding under § 808.2. 

18 CFR 808.1 sets forth the public 

hearing requirements for various 

commission actions, including 

rulemaking. It is the practice of the 

Commission to meet this public hearing 

requirement at the proposed rulemaking 

stage. However, the current regulation 

does not make this intent clear, referring 

only to ‘‘rulemaking.’’ To clarify the rule 

and make it consistent with the 

Commission’s current practice, new 

language is added to § 808.1(a)(2) and 

808.1(c). 

Finally, 18 CFR 808.2 9(a) specifies 

that an administrative appeal shall be 

filed within 30 days of the action or 

decision of the Commission or 

Executive Director. In the case of 

appeals of project approvals, however, 

the Commission believes that due 

process safeguards require that the 

appeal period run from the time 

constructive notice of the action is given 

by the Commission for aggrieved 

persons other than the project sponsor. 

Therefore, the Commission proposes to 

amend this provision to allow an appeal 

period of 30 days from the date a notice 

of a project approval appears in the 

Federal Register. For project sponsors, 

the 30 day appeal period would run 

from the date of receipt of actual notice. 

List of Subjects in 18 CFR Parts 806 and 

808 

Administrative practice and 

procedure, Water resources. 

Accordingly, for the reasons set forth 

in the preamble, the Susquehanna River 

Basin Commission proposes to amend 

18 CFR Parts 806 and 808 as follows: 

PART 806—REVIEW AND APPROVAL 

OF PROJECTS 

Subpart C—Standards for Review and 

Approval 

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 § 806.4, revise paragraphs (a)(7) 

and (a)(8) and add paragraph (a)(9) to 

read as follows: 

§ 806.4 Projects requiring review and 

approval. 

(a) * * * 

(7) Any hydroelectric project 

regulated by the United States Federal 

Energy Regulatory Commission and 

initiating a licensing or license 

amendment process pursuant to 18 CFR 

Part 4 that may affect the water 

resources of the basin. 

(8) Any nuclear power project 

regulated by the United States Nuclear 

Regulatory Commission and initiating a 

licensing, renewal, license amendment 

or license uprate process pursuant to 10 

CFR Part 55 that may affect the water 

resources of the basin. 

(9) Any other project so determined 

by the Commissioners or Executive 

Director pursuant to § 806.5 or 18 CFR 

part 801. Such project sponsors shall be 

notified in writing by the Executive 

Director. 

* * * * * 

2. In § 806.22, revise paragraphs 

(e)(1)(i)(B), (e)(1)(ii)(f)(2), (f)(3), (f)(11) 

and add paragraph (f)(12) to read as 

follows: 

§ 806.22 Standards for consumptive use of 

water. 

* * * * * 

(e) * * * 

(1) * * * 

(i) * * * 

(B) Send a copy of the NOI to the 

appropriate agencies of the member 

State, and to each municipality and 

county in which the project is located. 

The project sponsor shall submit a copy 

of the United States Postal Service 

return receipt, or other proof of service 

acceptable to the Commission, for such 

notifications within 10 days of submittal 

of the NOI. 

(ii) Within 10 days after submittal of 

an NOI under paragraph (e)(1)(i) of this 

section, the project sponsor shall submit 

to the Commission proof of publication 

in a newspaper of general circulation in 

the location of the project, a display ad 

notice of its intent to operate under an 

approval by rule, which contains a 

sufficient description of the project, its 

purpose, the proposed public water 

supply source(s), the requested 

consumptive use amount and its 

location. This notice shall also contain 

the address, electronic mail address and 

telephone number of the Commission. 

The Commission may further prescribe 

the form and manner of such notice. 

* * * * * 

(f) * * * 

(2) Notification of Intent: Prior to 

undertaking a project or increasing a 

previously approved quantity of 

consumptive use, the project sponsor 

shall submit a Notice of Intent (NOI) on 

forms prescribed by the Commission, 

and the appropriate fee, along with any 

required attachments. The project 

sponsor shall send a copy of the NOI to 

the appropriate agencies of the member 

State, and to each municipality and 

county in which the project is located. 

The project sponsor shall submit a copy 

of the United States Postal Service 

return receipt, or other proof of service 

acceptable to the Commission, for such 

notifications within 10 days of submittal 

of the NOI. 

(3) Within 10 days after submittal of 

an NOI under paragraph (f)(2) of this 

section, the project sponsor shall submit 

to the Commission proof of publication 

in a newspaper of general circulation in 

the location of the project of a display 

ad notice of its intent to operate under 

an approval by rule, which contains a 

sufficient description of the project, its 

purpose, any new proposed water 

source(s), the requested consumptive 

use amount and its location. This notice 

shall also contain the address, electronic 

mail address and telephone number of 

the Commission. The Commission may 

further prescribe the form and manner 

of such notice. 

* * * * * 

(11) A project sponsor issued an 

approval by rule pursuant to paragraph 

(f)(9) of this section may utilize any 

water source approved for use by the 

project sponsor for natural gas well 

development pursuant to §§ 806.4 or 

this section, at the applicable drilling 

pad site subject to any approval or 

authorization required by the member 

State to utilize such source(s). 

(12) The following additional sources 

of water may be utilized by a project 

sponsor in conjunction with an 

approval by rule issued pursuant to 

paragraph (f)(9) of this section: 

(i) Water withdrawals or diversions 

approved by the Commission pursuant 

to § 806.4(a) and issued to persons other 

than the project sponsor, provided any 

such source is approved for use in 

natural gas well development, the 

project sponsor has an agreement for its 

use, and at least 10 days prior to use, the 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31649 

project sponsor registers such source 

with the Commission on a form and in 

a manner as prescribed by the 

Commission, and provides a copy of 

same to the appropriate agency of the 

member State. 

(ii) Sources of water other than those 

subject to paragraph (f)(12)(i) of this 

section, including, but not limited to, 

public water supply, wastewater 

discharge or other reclaimed waters, 

provided such sources are first 

approved by the Executive Director 

pursuant to this section. Any request to 

utilize such source(s) shall be submitted 

on a form and in a manner as prescribed 

by the Commission, and shall be subject 

to review pursuant to the standards set 

forth in subpart C of this part. Any 

approval issued hereunder shall be 

further subject to any approval or 

authorization required by the member 

State to utilize such source(s). The 

notice requirements related to agencies 

of member States, municipalities and 

counties contained in paragraph (f)(2) of 

this section, and the notice 

requirements contained in paragraph 

(f)(3) of this section, shall likewise be 

applicable to any request submitted 

hereunder. 

Subpart D—Terms and Conditions of 

Approval 

3. In § 806.32, revise paragraph (a) to 

read as follows: 

§ 806.32 Reopening/modification. 

(a) Once a project is approved, the 

Commission, upon its own motion, or 

upon petition of the project sponsor or 

any interested party, may at any time 

reopen any project approval and make 

additional orders or otherwise modify or 

impose such additional conditions that 

may be necessary to mitigate or avoid 

adverse impacts or to otherwise protect 

the public health, safety, and welfare or 

water resources. Whenever a petition for 

reopening is filed by an interested party, 

the burden shall be upon that interested 

party to show, by a preponderance of 

the evidence, that a significant adverse 

impact or a threat to the public health, 

safety and welfare or water resources 

exists that warrants reopening of the 

docket. Notwithstanding the foregoing, 

any petition filed by a party who 

previously sought the same or similar 

relief identified in the petition pursuant 

to the administrative appeals process 

under § 808.2 will not be eligible for 

consideration by the Commission absent 

new facts not known or readily 

discernable at the time of consideration 

of the petitioner’s previous request for 

administrative appeal filed pursuant to 

§ 808.2. 

* * * * * 

PART 808—HEARINGS AND 

ENFORCEMENT ACTIONS 

Subpart A—Conduct of Hearings 

4. The authority citation for Part 808 

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. 

5. In § 808.1, revise paragraphs (a)(2) 

and (c) to read as follows: 

§ 808.1 Public hearings. 

(a) * * * 

(2) Proposed rulemaking. 

* * * * * 

(c) Notice of public hearing. At least 

20 days before any public hearing 

required by the compact, notices stating 

the date, time, place and purpose of the 

hearing including issues of interest to 

the Commission shall be published at 

least once in a newspaper of general 

circulation in the area affected. 

Occasions when public hearings are 

required by the compact include, but are 

not limited to, amendments to the 

comprehensive plan, drought 

emergency declarations, and review and 

approval of diversions. In all other 

cases, at least 10 days prior to the 

hearing, notice shall be posted at the 

office of the Commission (or on the 

Commission Web site), mailed by first 

class mail to the parties who, to the 

Commission’s knowledge, will 

participate in the hearing, and mailed 

by first class mail to persons, 

organizations and news media who have 

made requests to the Commission for 

notices of hearings or of a particular 

hearing. With regard to rulemaking, the 

Commission shall convene at least one 

public hearing on any proposed 

rulemaking it approves for public 

review and comment. For any such 

hearing(s), notices need only be 

forwarded to the directors of the New 

York Register, the Pennsylvania 

bulletin, the Maryland Register and the 

Federal Register, and it is sufficient that 

this notice appear only in the Federal 

Register at least 20 days prior to the 

hearing and in each individual State 

publication at least 10 days prior to any 

hearing scheduled in that State. 

6. In § 808.2, revise paragraph (a) to 

read as follows: 

§ 808.2 Administrative appeals. 

(a) A project sponsor or other person 

aggrieved by any action or decision of 

the Commission or Executive Director 

may file a written appeal requesting a 

hearing. Except with respect to project 

approvals or denials, such appeal shall 

be filed with the Commission within 30 

days of the action or decision. In the 

case of a project approval or denial, 

such appeal shall be filed by a project 

sponsor within 30 days of receipt of 

actual notice, and by all others within 

30 days of publication of notice of the 

action taken on the project in the 

Federal Register. 

Dated: June 18, 2009. 

Paul O. Swartz, 

Executive Director. 

[FR Doc. E9–15542 Filed 7–1–09; 8:45 am] 

BILLING CODE 7040–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1054] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this notice is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before September 30, 2009. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community is available for inspection at 

the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1054, to