[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Page 14967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7447]


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DELAWARE RIVER BASIN COMMISSION


Proposal To Amend Fees for the Review of Projects in Accordance 
With Section 3.8 and Article 10 of the Delaware River Basin Compact

AGENCY: Delaware River Basin Commission (DRBC).

ACTION: Notice of public hearing.

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SUMMARY: The DRBC will hold a public hearing during its regularly 
scheduled business meeting to hear comment on a proposal to amend the 
Commission's fees for the review of projects in accordance with Section 
3.8 and Article 10 of the Delaware River Basin Compact. Existing 
project review fees are proposed to be increased, effective July 1, 
2009, for the first time since June of 2003. The increases are needed 
in order to partly close a significant gap between annual project 
review fee revenue and the cost of the Commission's project review 
function.

DATES: All comments must be received on or before the close of the 
public hearing on May 6, 2009. The hearing will commence at 1:30 p.m. 
and is expected to end by 2:30 p.m., but will continue until all those 
who wish to comment have had an opportunity to do so. The Commission 
would appreciate receiving written comments in advance of the hearing 
date in order to have an opportunity to review them prior to the 
hearing.

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. Mail written comments to Ms. Paula Schmitt, Delaware River 
Basin Commission, P.O. Box 7360, 25 State Police Drive, West Trenton, 
NJ 08628-0360; fax to Attn: Paula Schmitt, Delaware River Basin 
Commission, 609-883-9500 ext. 224; or send electronic submissions to 
[email protected]. See SUPPLEMENTARY INFORMATION for 
proper labeling of submissions.

SUPPLEMENTARY INFORMATION: 
    Current Fee Schedule. The Commission's current fee schedule for the 
review of projects in accordance with Section 3.8 and Article 10 of the 
Delaware River Basin Compact is set forth in Resolution No. 2005-1 as 
amended (also, ``schedule'' or ``current fee schedule''), which is 
posted on the Commission's Web site at http://www.state.nj.us/drbc/Res2005-1rev.pdf. Numbered paragraph 3 of the schedule (``paragraph 
3'') contains a matrix that establishes review fees based on total 
project cost. Fees set forth in the matrix range from $250 for publicly 
sponsored projects costing $250,000 or less to a maximum of $50,000 for 
a public or private project costing over $10,000,000. Project review 
fees calculated in accordance with the matrix are doubled for projects 
resulting in out-of-basin diversions. In addition to the fees 
calculated in accordance with the matrix in paragraph 3, the current 
fee schedule provides in relevant part for the following: (a) Fees of 
$250 and $500 respectively for the review of project renewals involving 
no substantial revisions or modifications (par. 4); (b) a fee of $500 
for the transfer of a docket upon a change of ownership (par. 6); (c) 
and an incremental charge of $1,000 for the review of any renewal 
application submitted less than 120 calendar days in advance of the 
docket expiration date (or after such other date specified in the 
docket or permit for filing a renewal application) (par. 12).
    Proposed Fee Schedule. The matrix in paragraph 3 of the current 
schedule is proposed to be revised as follows: For projects costing 
$250,000 or less, the proposed fee is $500 for publicly sponsored 
projects (increased from $250) and $1,000 for privately sponsored 
projects (increased from $500). For all projects costing between 
$250,001 and $10,000,000, the proposed fee is 0.4 percent (increased 
from 0.2 percent) of project cost. The review of projects costing over 
$10,000,000 is proposed to carry a revised fee of 0.4 percent of 
project cost (increased from 0.2 percent) up to the first $10,000,000 
plus 0.12 percent of project cost (increased from 0.06 percent) above 
$10,000,000, not to exceed $75,000 (increased from $50,000). Fees 
calculated in accordance with the revised matrix will continue to be 
doubled for projects resulting in out-of-basin diversions. In addition 
to the fees calculated in accordance with the matrix in paragraph 3 as 
revised, the proposed revised fee schedule includes: (a) Fees of $500 
and $1,000 respectively for the review of public and private project 
renewals involving no substantial revisions or modifications (increased 
from $250 and $500 respectively) (par. 4); (b) a fee of $1,000 for the 
transfer of a docket upon a change of ownership (increased from $500) 
(par. 6); and (c) an incremental charge of $2,000 for the review of any 
renewal application submitted less than 120 calendar days in advance of 
the docket expiration date (or after such other date specified in the 
docket or permit for filing a renewal application) (increased from 
$1,000) (par. 12).
    Other Aspects Unchanged. With minor exceptions, including the 
deletion of paragraphs for which the applicable dates have passed, 
other aspects of the Commission's current project review fee schedule 
will remain unchanged, including but not limited to provisions of 
current paragraph 4 allowing the Executive Director to determine the 
fee for review of a project revision not involving an increase in 
costs; and paragraph 8, authorizing the Executive Director to impose, 
in addition to the initial project review fee, a fee in an amount equal 
to up to 100 percent of project review costs deemed by the Executive 
Director to be exceptional.
    Basis for Proposed Increases. The proposed fee increases are needed 
to address significant revenue shortfalls and maintain adequate levels 
of service in reviewing projects in accordance with Section 3.8 and 
Article 10 of the Delaware River Basin Compact. The annual average sum 
of project review fees collected by the DRBC in Fiscal Years 2005 
through 2008 was approximately half the annual cost of the project 
review function to the agency.
    Copy of Proposed Revised Fee Schedule. A copy of this notice, along 
with the proposed revised fee schedule with changes noted, can be 
viewed on the Commission's Web site, drbc.net.
    Effective Date. The revised fee schedule is proposed to become 
effective on July 1, 2009, the first day of the Commission's 2010 
fiscal year.
    Labeling of Written Submissions. Please use ``Project Review Fee 
Changes'' in the subject line for all written submissions.

FOR FURTHER INFORMATION CONTACT: Pamela M. Bush, Commission Secretary 
and Assistant General Counsel, DRBC, 609-883-9500 ext. 203, 
[email protected], or Chad Pindar, Project Review 
Supervisor, 609-883-9500 ext. 204, [email protected].

    Dated: March 27, 2009.
Pamela M. Bush,
Commission Secretary & Assistant General Counsel.
[FR Doc. E9-7447 Filed 4-1-09; 8:45 am]
BILLING CODE 6360-01-P