Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Proposed Rules 47407 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

18 CFR Part 801 

General Policies 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice of proposed rulemaking; 

notice of public hearing. 

SUMMARY: This document contains 

proposed rules that would codify in the 

regulations and strengthen the 

Susquehanna River Basin Commission’s 

(Commission) Access to Records Policy 

providing rules and procedures for the 

public to request and receive the 

Commission’s public records. 

DATES: Comments on the proposed 

rulemaking may be submitted to the 

Commission on or before November 13, 

2017. The Commission has scheduled a 

public hearing on the proposed 

rulemaking on November 2, 2017, 2:30 

p.m. to 5 p.m. or at the conclusion of 

public testimony, whichever is sooner. 

ADDRESSES: Comments may be mailed 

to: Jason E. Oyler, Esq., General 

Counsel, Susquehanna River Basin 

Commission, 4423 N. Front Street, 

Harrisburg, PA 17110–1788, or by email 

to regcomments@srbc.net. The public 

hearing is located in Harrisburg, 

Pennsylvania, State Capitol (East Wing, 

Room 8E–B), Commonwealth Avenue, 

Harrisburg, PA 17120. 

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: 

Jason E. Oyler, Esq., General Counsel, 

telephone: (717) 238–0423, ext. 1312; 

fax: (717) 238–2436; email: joyler@

srbc.net. Also, for further information 

on the proposed rulemaking, visit the 

Commission’s Web site at http://

www.srbc.net. 

SUPPLEMENTARY INFORMATION: The 

Commission has long made its records 

available to the public but it has never 

formalized its open records policy in 

regulation. The Commission first 

promulgated its ‘‘Freedom of 

Information Policy’’ on January 11, 

1979. As an interstate compact agency, 

no single member jurisdiction may 

subject the Commission to its open 

records law. See C.T. Hellmuth & 

Associates v. Washington Metropolitan 

Area Transit Authority, 414 F. Supp. 

408 (D. Md. 1976) (holding that 

Maryland could not unilaterally subject 

transit authority to the provision of the 

Maryland Public Information Act). In 

recognition of this limitation, the 

Commission developed its policy ‘‘in 

line with Freedom of Information 

legislation enacted by all four signatory 

jurisdictions.’’ See Minutes of 

Commission Meeting (Jan. 11, 1979). As 

noted in the January 11, 1979, meeting 

minutes of the Commission, the Policy 

‘‘merely formalized the current 

Commission practice of making its 

records available to the furthest extent 

possible.’’ 

The Commission updated its open 

records policy on September 10, 2009, 

by adopting its ‘‘Access to Records 

Policy,’’ Policy No. 2009–02 on 

September 10, 2009. This policy 

replaced the 1979 Freedom of 

Information Policy. The updated policy 

reflected the practice of the 

Commission’s member jurisdictions, 

recognized records in electronic format 

as being subject to public access and 

added a formal procedure for the 

protection of confidential information 

submitted by project sponsors and a 

procedure for the public to challenge 

the designation of this information as 

confidential. This revised policy also 

provided that the Commission ‘‘will 

endeavor to make as much information 

as possible available on its Web site 

. . . , in an effort to eliminate the need 

for many records requests.’’ For 

example, the Commission provides all 

of its approved dockets on its Web site, 

as well as information summaries for 

each docket or project application 

pending before the Commission, 

policies, reports, publications and data 

from its water quality monitoring 

programs. 

The Commission believes the results 

of this policy have been successful. 

From 2012 through 2016, the 

Commission provided records to 152 

distinct records requests in writing for 

documents data or information, as well 

as innumerable informal requests. The 

Commission Web site has been a wellused public resource and repository for 

records. In the past 12 months, the 

Commission Web site has received 

121,213 visits from 26,522 unique 

visitors. The Commission Water 

Application and Approval Viewer, 

where the public can view Commission 

dockets and pending application 

information, was recently upgraded to 

increase its functionality and ease of use 

and received 16,593 unique page views 

over the past 12 months. Similarly, the 

Commission water quality network data 

landing page received 9,904 unique 

page views over this same time period. 

The Commission wishes to continue 

this long tradition of transparency by 

further formalizing the key elements of 

its Access to Records Policy in duly 

promulgated regulations. The 

Commission is not looking to replace 

the policy, but rather to memorialize the 

key tenets of the policy in regulation. 

Through this action, the Commission 

will be codifying its commitment to 

public access to records in a way that 

imbues them with the status of law that 

can be enforceable against the 

Commission. 

The Commission’s 2009 Access to 

Records Policy can be found at: http:// 

www.srbc.net/pubinfo/docs/2009-02_

Access_to_Records_Policy_

20140115.pdf. The Commission’s 

current records processing fee schedule 

can be found at: http://www.srbc.net/ 

pubinfo/docs/RecordsProcessing

FeeScheduleUpdatedAddress.pdf. 

List of Subjects in 18 CFR Part 801 

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 part 801 as follows: 

PART 801—GENERAL POLICIES 

■ 1. The authority citation for part 801 

is revised to read as follows: 

Authority: Secs. 3.1, 3.4, 3.5(1), 15.1 and 

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

■ 2. Add § 801.14 to read as follows: 

§ 801.14 Public access to records. 

(a) Purpose. The Commission, as an 

independent compact agency, is not 

subject to any of its member 

jurisdictions’ laws regarding public 

access to records. Nevertheless, the 

Commission wishes to assure, to the 

maximum extent practicable, the 

availability of Commission records 

consistent with the Susquehanna River 

Basin Compact. The Commission shall 

maintain an ‘‘Access to Records Policy’’ 

that outlines the details and procedures 

related to public access to the 

Commission’s records. Any revisions to 

this policy shall be consistent with this 

section and undertaken in accordance 

with appropriate public notice and 

comment consistent with requirements 

of 18 CFR 808.1. 

(b) Scope. This section shall apply to 

all recorded information, regardless of 

whether the information exists in 

written or electronic format. There is a 

strong presumption that records shall be 

public, except where considerations of 

privacy, confidentiality, and security 

must be considered and require 

thoughtful balancing. The Commission 

shall identify types of records that are 

not subject to public access, including 

but not limited to: 

(1) Personnel or employment records; 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
47408 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Proposed Rules 

(2) Trade secrets, copyrighted 

material, or any other confidential 

business information; 

(3) Records exempted from disclosure 

by statute, regulation, court order, or 

recognized privilege; 

(4) Records reflecting internal predecisional deliberations; 

(5) Records reflecting employee 

medical information, evaluations, tests 

or other identifiable health information; 

(6) Records reflecting employee 

personal information, such as social 

security number, driver’s license 

number, personal financial information, 

home addresses, home or personal 

cellular numbers, confidential personal 

information, spouse names, marital 

status or dependent information; 

(7) Investigatory or enforcement 

records that would interfere with active 

enforcement proceedings or individual 

due process rights, disclose the identity 

of public complainants or confidential 

sources or investigative techniques or 

endanger the life or safety of 

Commission personnel; or 

(8) Records related to emergency 

procedures, facilities or critical 

infrastructure. 

(c) Procedures. The Access to Records 

Policy will detail the necessary 

procedures for requesting records and 

processing records requests: 

(1) Requests shall be in writing and 

shall be reasonably specific; 

(2) The Commission shall identify an 

Access to Records Officer to handle 

requests; 

(3) The Commission shall respond to 

a records request within a reasonable 

time and in consideration of available 

resources and the nature of the request; 

(4) The Commission shall not be 

required to create a record that does not 

already exist, or to compile, maintain, 

format or organize a public record in a 

manner in which the Commission does 

not currently do so; 

(5) A procedure shall be identified for 

electronic transfer, copying or otherwise 

providing records in a manner that 

maintains the integrity of the 

Commission’s files; and 

(6) A procedure shall be identified for 

handling review of requests that seek 

access to information that has been 

identified as confidential and for 

notifying the person(s) who submitted 

the confidential information that it is 

subject to a records request. 

(d) Fees. The Commission shall adopt 

and maintain a ‘‘Records Processing Fee 

Schedule.’’ The fees shall be calculated 

to reflect the actual costs to the 

Commission for processing records 

requests and may include the costs of 

reproducing records and the cost to 

search, prepare and/or redact records for 

extraordinary requests. 

(e) Appeals. Any person aggrieved by 

a Commission action on a records 

request shall have 30 days to appeal a 

decision in accordance with 18 CFR 

808.2. 

Dated: October 5, 2017. 

Stephanie L. Richardson, 

Secretary to the Commission. 

[FR Doc. 2017–21975 Filed 10–11–17; 8:45 am] 

BILLING CODE 7040–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–116256–17] 

RIN 1545–BN94 

Streamlining the Section 754 Election 

Statement 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed amendments to the regulation 

relating to the requirements for making 

a valid election under section 754 of the 

Internal Revenue Code of 1986 (Code), 

as amended. The proposed regulation 

affects partnerships and their partners 

by removing a regulatory burden in 

making an election to adjust the basis of 

partnership property. 

DATES: Electronic or written comments 

and requests for a public hearing must 

be received by November 13, 2017. 

ADDRESSES: Send submissions to 

Internal Revenue Service, 

CC:PA:LPD:PR (REG–116256–17), Room 

5203, P.O. Box 7604, Ben Franklin 

Station, Washington, DC 20044. 

Submissions may be hand-delivered 

Monday through Friday between the 

hours of 8 a.m. and 4 p.m. to 

CC:PA:LPD:PR (REG–116256–17), 

Courier’s Desk, 1111 Constitution 

Avenue NW., Washington, DC 20224, or 

sent electronically, via the Federal 

eRulemaking Portal at 

www.regulations.gov (indicate IRS and 

REG–116256–17). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulation, 

Meghan Howard, at (202) 317–5055; 

concerning submissions of comments 

and requests for a public hearing, 

Regina Johnson, at (202) 317–6901 (not 

toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background and Explanation of 

Provision 

This document contains proposed 

amendments to 26 CFR part 1 under 

section 754 of the Code. Specifically, 

these proposed amendments would 

remove the signature requirement 

contained in § 1.754–1(b) (current 

regulation) in order to eliminate a 

regulatory burden. 

Section 754 provides that if a 

partnership files an election (section 

754 election), in accordance with 

regulations prescribed by the Secretary, 

the basis of partnership property shall 

be adjusted, in the case of a distribution 

of property, in the manner provided in 

section 734 and, in the case of a transfer 

of a partnership interest, in the manner 

provided in section 743. Such an 

election applies with respect to all 

distributions of property by the 

partnership and to all transfers of 

interests in the partnership during the 

taxable year with respect to which such 

election was filed and all subsequent 

taxable years. Such election may be 

revoked by the partnership, subject to 

such limitations as may be provided by 

regulations prescribed by the Secretary. 

The current regulation provides the 

method to make the section 754 election 

and states in relevant part that a section 

754 election shall be made in a written 

statement (section 754 election 

statement) filed with the partnership 

return for the taxable year during which 

the distribution or transfer occurs. For 

the section 754 election to be valid, the 

return must be filed not later than the 

time prescribed for filing the return for 

such taxable year, including extensions. 

The current regulation requires that the 

section 754 election statement (i) set 

forth the name and address of the 

partnership making the election, (ii) be 

signed by any one of the partners, and 

(iii) contain a declaration that the 

partnership elects under section 754 to 

apply the provisions of section 734(b) 

and section 743(b). Accordingly, under 

the current regulation, a partnership 

that files an unsigned section 754 

election statement with its partnership 

return (whether filed electronically or in 

paper) has not made a valid section 754 

election. 

Currently the only remedy for failing 

to make a proper section 754 election is 

to request ‘‘9100 relief’’ to make a late 

section 754 election either: (1) Through 

automatic relief, if the error is 

discovered within 12 months pursuant 

to § 301.9100–2 of the Procedure and 

Administration Regulations; or (2) 

through a private letter ruling request 

pursuant to § 301.9100–3. The IRS has 

received numerous requests for 9100 


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