[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Pages 75938-75939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27703]


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DELAWARE RIVER BASIN COMMISSION


Notice of Public Hearing; Proposal To Amend the Administrative 
Procedure and Fee Schedule for the Renewal of Projects Under Section 
3.8 and Article 10 of the Delaware River Basin Compact

AGENCY: Delaware River Basin Commission.

ACTION: Notice of public hearing.

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SUMMARY: The Delaware River Basin Commission (``Commission'') will hold 
a public hearing to receive comments on a proposed amendment to the 
Commission's administrative procedure and fee schedule for the renewal 
of project approvals under Section 3.8 and Article 10 of the Delaware 
River Basin Compact.

DATES: The public hearing will be held during the Commission's 
regularly scheduled business meeting on January 19, 2005 at 1:30 p.m. 
Persons wishing to testify at the hearing are asked to register in 
advance with the Commission by phoning 609-883-9500, extension 224. 
Submission of written comments by January 14, 2005 would be 
appreciated, but written comments will be accepted through the close of 
the public hearing on Wednesday, January 19, 2005.

ADDRESSES: The public hearing will be held in the Goddard Room of the 
Commission's office building at 25 State Police Drive in West Trenton, 
New Jersey. Written comments should be addressed to the Commission 
Secretary as follows: by e-mail to [email protected]; by 
fax to 609-883-9522; by U.S. Mail to Commission Secretary, DRBC, P.O. 
Box 7360, West Trenton, NJ 08628-0360; or by overnight mail to 
Commission Secretary, DRBC, 25 State Police Drive, West Trenton, NJ 
08628-0360.

FOR FURTHER INFORMATION CONTACT: The full text of the proposed 
amendment is posted on the Commission's Web site, http://www.drbc.net. 
Please contact Commission Secretary Pamela Bush, 609-883-9500 ext. 203, 
with questions about the proposed action.

SUPPLEMENTARY INFORMATION: The Commission's fee schedule for the review 
of projects under Section 3.8 and Article 10 of the Delaware River 
Basin Compact is set forth in Resolution No. 2003-14, duly adopted by 
the Commission on June 26, 2003. The proposed amendments to the 
schedule would add provisions (a) for the administrative continuance of 
dockets and permits (collectively, ``approvals'') pending Commission 
action on renewal applications that are timely submitted; and (b) 
imposition of a fee of $1,000, in addition to the ordinary review fee, 
for the review of renewal applications not submitted in a timely 
fashion. In accordance with the proposed amendment, a docket holder or 
permittee whose approval has been administratively continued will not 
be subject to penalties for operating without a docket or permit during 
the period between expiration of the approval and Commission action on 
an application for renewal, provided that the docket holder or 
permittee will be responsible for violations of the terms and 
conditions of its approval to the same extent as if the approval had 
been renewed prior to its expiration.

[[Page 75939]]

    In order to phase in the new program, the proposed rule sets forth 
one timeline for approvals that expire before October 1, 2005 and 
another for approvals that expire on or after October 1, 2005.
    Approvals expiring before October 1, 2005 are proposed to be 
administratively continued pending issuance of a docket renewal when 
the docket holder or permittee submits a complete application within 90 
calendar days after receipt of a written notice from the Executive 
Director or by September 30, 2005, whichever is earlier. The Executive 
Director may extend the deadline for good cause shown in the event a 
substantially complete application, along with the full fee, is 
submitted by the deadline. The fee of $1,000, payable in addition to 
the ordinary fee, is proposed to be charged for renewal applications 
submitted after September 30, 2005.
    Approvals expiring after September 30, 2005 are proposed to be 
administratively continued pending issuance of a docket renewal when 
the docket holder or permittee submits a complete application at least 
120 calendar days in advance of the expiration date. If the approval 
establishes a different application submission date, the docket or 
permit is controlling. Again, the Executive Director may extend the 
deadline for good cause shown, in the event a substantially complete 
application, along with the full fee, is submitted by the deadline. A 
fee of $1,000 above the ordinary fee is proposed to be charged for 
renewal applications submitted fewer than 120 calendar days before the 
approval's expiration date.
    The amendment provides for the Executive Director to implement 
procedures to furnish written notice to docket holders and permittees 
in advance of their approval expiration dates, reminding them to file a 
timely renewal application. However, failure of the Executive Director 
to send such notice or lack of receipt of the notice by the docket 
holder or permittee will not relieve the docket holder or permittee of 
any obligation or condition or create any defense.

    Dated: December 13, 2004.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 04-27703 Filed 12-17-04; 8:45 am]
BILLING CODE 6360-01-P