[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Rules and Regulations]
[Pages 7647-7648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00413]


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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 401


Regulatory Program Fees; Correction

AGENCY: Delaware River Basin Commission.

ACTION: Correcting amendments.

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SUMMARY: The Delaware River Basin Commission published a document in 
the Federal Register on December 29, 2016 (81 FR 95860), in relevant 
part amending the Rules of Practice and Procedure. The document failed 
to include rule text approved by the Commission relating to the annual 
monitoring and coordination fee. This document corrects the final 
regulations by incorporating the approved language. In addition, this 
document corrects the preamble to clarify that in adopting the final 
rule, the Commission acted by Resolution No. 2016-9, not 2016-8.

DATES: This final rule is effective January 23, 2017.

FOR FURTHER INFORMATION CONTACT: Pamela M. Bush, Commission Secretary 
and Assistant General Counsel, 609-477-7203.

SUPPLEMENTARY INFORMATION: Background. When the Commission adopted 
Resolution No. 2016-9, in relevant part approving amendments to the 
Rules of Practice and Procedure (18 CFR part 401) concerning regulatory 
program fees, it approved rule language to expressly exclude from the 
calculation of the annual monitoring and coordination fee all water for 
which an entitlement issued pursuant to the Basin Regulations--Water 
Supply Charges (18 CFR part 420) is in effect. Final rule documents 
posted on the Commission's Web site included the approved language, but 
the language was inadvertently omitted from DRBC's Federal Register 
submission and thus from the CFR.
    In addition, the preamble to the final rule published in the 
Federal Register incorrectly referred to the Commission's rule adoption 
resolution as number 2016-8, when the resolution was number 2016-9.

Corrections

    Preamble Correction. In final rule FR Doc. 2016-31146, beginning on 
page 95860 in the issue of December 29, 2016, ``2016-8'' is corrected 
to read ``2016-9'' in the following locations in the Supplementary 
Information section: On page 95860 in the second column (first line of 
the last paragraph) and third column (sixth line from the bottom); and 
on page 95861 in the first column (first line).
    Rule Correction. As published, the final regulations omit language 
adopted by the Commission in response to comments received. The 
regulations are thus incorrect and in need of amendment, as set forth 
below.

List of Subjects in 18 CFR Part 401

    Administrative practice and procedure, Project review, Water 
pollution control, Water resources.

    Accordingly, 18 CFR part 401 is corrected by the following 
correcting amendments:

PART 401--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 401 continues to read as follows:

    Authority:  Delaware River Basin Compact (75 Stat. 688), unless 
otherwise noted.

Subpart C--Project Review Under Section 3.8 of the Compact

0
2. In Sec.  401.43, revise paragraph (b)(2) to read as follows:


Sec.  401.43  Regulatory program fees.

* * * * *
    (b) * * *
    (2) Annual monitoring and coordination fee. (i) Except as provided 
in paragraph (b)(2)(ii) of this section, an annual monitoring and 
coordination fee shall apply to each active water allocation or 
wastewater discharge approval issued pursuant to the Compact and 
implementing regulations, regardless of whether the approval was issued 
by the Commission in the form of a docket, permit or other instrument, 
or by a Signatory Party Agency under the One Permit Program rule (Sec.  
401.42). The fee shall be based on the amount of a project's approved 
monthly water allocation and/or approved daily discharge capacity.
    (ii) For any withdrawal or diversion covered in part by a 
certificate of entitlement issued pursuant to Sec. Sec.  420.31 and 
420.32 of the water supply charges regulations (18 CFR part 420), the 
annual monitoring and coordination fee shall be based on the allocated 
amount, if any, in excess of the quantity specified in the entitlement.
* * * * *


[[Page 7648]]


    Dated: January 5, 2017.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2017-00413 Filed 1-19-17; 8:45 am]
 BILLING CODE 6360-01-P