[Federal Register Volume 89, Number 119 (Thursday, June 20, 2024)]
[Rules and Regulations]
[Pages 51823-51828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13308]


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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 401


Rules of Practice and Procedure

AGENCY: Delaware River Basin Commission.

ACTION: Final rule; correcting amendments.

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SUMMARY: The Delaware River Basin Commission is amending its Rules of 
Practice and Procedure to: resolve ambiguities around the automatic 
termination of project approvals issued by the Commission and make 
conforming amendments to related provisions as appropriate; update the 
Commission's Water Resources Program and Project Review procedures to 
better conform them to current practice; remove incorrect references to 
the Federal Freedom of Information Act in the Commission's regulations 
providing for access to public records; align pronouns with the 
Commission's policies regarding diversity, inclusion, and belonging; 
and correct certain cross-references.

DATES: This final rule is effective July 22, 2024.

FOR FURTHER INFORMATION CONTACT: Pamela M. Bush, Esquire, Commission 
Secretary and Assistant General Counsel, at [email protected] 
(preferred) or 609-477-7203.

[[Page 51824]]


SUPPLEMENTARY INFORMATION: The Delaware River Basin Commission 
(``DRBC'' or ``Commission'') is a Federal-interstate compact agency 
formed by the enactment of concurrent legislation by four states and 
the United States in 1961 \1\ to manage the water resources of the 
Delaware River Basin (the ``Basin'') without regard to political 
boundaries. The Commission's members are, ex officio, the governors of 
the states of Delaware, New Jersey, New York, and Pennsylvania, and the 
Division Engineer of the U.S. Army Corps of Engineers North Atlantic 
Division, who represents the United States.
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    \1\ United States Public Law 87-328, Approved Sept. 27, 1961, 75 
Statutes at Large 688; 53 Delaware Laws, Ch. 71, Approved May 26, 
1961; New Jersey Laws of 1961, Ch. 13, Approved May 1, 1961; New 
York Laws of 1961, Ch. 148, Approved March 17, 1961; Pennsylvania 
Acts of 1961, Act. No. 268, Approved July 7, 1961.
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Background

    The Commission's Rules of Practice and Procedure (``RPP''), 
comprising part 401 of title 18 of the Code of Federal Regulations, 
govern the adoption and revision of the Commission's Comprehensive Plan 
and Water Resources Program, exercise of the Commission's authority 
pursuant to the provisions of Article 3.8 of the Delaware River Basin 
Compact (the ``Compact''), and other actions of the Commission mandated 
or authorized by the Compact, including but not limited to the 
administration of public access to records and information in the 
Commission's possession.
    On September 28, 2023, the Commission published a proposed rule (88 
FR 66722) to amend the RPP to: resolve ambiguities around the automatic 
termination of project approvals issued by the Commission and make 
conforming amendments to related provisions as appropriate; update the 
Commission's Water Resources Program and Project Review procedures to 
better conform them to current practice; remove incorrect references to 
the Federal Freedom of Information Act in the Commission's regulations 
providing for access to public records; and align pronouns with the 
Commission's policies regarding diversity, inclusion, and belonging. A 
notice of the proposed amendments appeared in the Delaware Register of 
Regulations, 27 Del. Reg. 196, 206, on October 1, 2023, the New Jersey 
Register, 55 N.J.R. 2179(a), on October 16, 2023, the New York 
Register, 45 N.Y. Reg. 9, on October 11, 2023, and the Pennsylvania 
Bulletin, 53 Pa. B. 6698, on October 28, 2023.
    Opportunity for public input on the proposed rules was provided 
during a comment period that ran from September 28, 2023, through 
November 30, 2023. In addition to soliciting written comments, the 
Commission accepted oral comment at two hearings conducted via Zoom and 
telephone. The Commission received a total of 209 public comment 
submissions, consisting of 199 written submissions and ten oral 
comments. The submissions typically consisted of a set of comments from 
a single individual or organization, and they typically addressed more 
than one aspect or provision of the proposed amendments. In many 
instances, a single submission included a set of comments by two or 
more individuals or organizations. Some submissions consisted of 
petitions or a set of comments with multiple signers. Similar or 
identical comments were in many instances submitted by individual 
commenters using form letters or template language provided by others. 
Commenters were not limited to a single submission, and some commenters 
offered two or more submissions. The ``199'' figure represents the 
number of individual written submissions the Commission received during 
the comment period without regard to the number of comments within a 
submission, the number of signers on a single submission, or the number 
of individuals making a joint submission.
    The Commission reviewed all comments and supporting material it 
received during the comment period. The staff, in consultation with the 
Commissioners, prepared a Comment and Response Document summarizing the 
comments on the proposed rule and setting forth the Commission's 
responses and revisions in detail. By Resolution No. 2024--06 on June 
5, 2024, the Commission adopted the Comment and Response Document 
simultaneously with its adoption of the final rule.

Changes From the Proposed Rule

    The final rule differs from the proposed in the following respects:
    Action on request for extension. The final rule provides that the 
Commissioners, not the Executive Director, will approve or deny all 
requests for extended or renewed approval under amended Sec.  401.41(a) 
and (b), respectively. In conjunction with this change, rather than 
establishing a prescribed extension term of five years, as originally 
proposed, the final rule at Sec.  401.41(a) provides for the 
Commissioners to grant an extension of up to five years.
    Eligibility for extension. Under the final rule, to qualify for 
extension of a docket approval that would otherwise expire under Sec.  
401.41, in addition to demonstrating that approved activities, site 
conditions, and the Comprehensive Plan have not materially changed, the 
docket holder (project sponsor) will be required to demonstrate that it 
is diligently pursuing the project, which can be shown through its 
planning, construction or project operational activities, its project 
expenditures, its efforts to secure government approvals necessary for 
the project, or its active participation in appeals of government 
decisions on its applications for government approvals.
    The docket holder will not be required to demonstrate that it has 
expended a fixed, minimum dollar amount, a proposal to which commenters 
objected. Nor will the docket holder be obligated to show that it has 
expended a substantial sum in relation to the project cost, as the rule 
originally provided, or that it has expended a fixed percentage 
representing a substantial sum in relation to the total cost of the 
project, as some commenters proposed. In the Commission's view, those 
approaches are impracticable where the project costs consist primarily 
of construction costs, and where the sponsor could not lawfully or 
reasonably commence construction because all final approvals have not 
been secured.
    Public process. In accordance with the final rule, the Commission 
will publish notice that it has received a request for a docket 
extension under Sec.  401.41(a) and provide an opportunity for written 
comment of at least ten days' length on whether the docket holder has 
demonstrated all elements requisite for an extension--i.e., that the 
approved activities, site conditions, and Comprehensive Plan have not 
materially changed, and that the project sponsor has diligently pursued 
the project in reliance on the Commission's approval. The project 
sponsor will be afforded an opportunity to respond to the comments 
received but will not be obligated to do so. The Commission will 
provide notice at least ten days prior to the date of a business 
meeting at which the Commissioners consider action on a request 
pursuant to Sec.  401.41(a).
    Public hearing. The final rule provides that a public hearing on a 
request for a docket extension under Sec.  401.41(a) will be held if 
three or more Commission members request such a hearing in writing to 
the Executive Director or by vote at a public meeting.
    Administrative continuance. Under the final rule, a docket that is 
the subject

[[Page 51825]]

of a request for extension under Sec.  401.41(a) filed at least 90 days 
before the docket's expiration will be administratively continued 
pending final Commission action on the request in the event that such 
action occurs after the otherwise effective date of termination.
    Construction complete. The final rule clarifies that if the 
activities authorized by the Commission's docket are limited to 
construction activities, an extension in accordance with Sec.  
401.41(a) is no longer required once construction is complete. Because 
some dockets issued for construction activities impose ongoing 
obligations on docket holders, the final rule further clarifies that 
the expiration of the docket, including any approved extension, does 
not eliminate ongoing docket obligations expressly identified as such 
in the docket approval.
    Language of final Sec.  401.41(b). The final language adopted for 
Sec.  401.41(b) has been modified from the originally proposed language 
to more accurately reflect that the burden is on the docket holder to 
demonstrate eligibility for an extension under Sec.  401.41(a).
    Process for re-application. Under the final rule, if a request for 
extension under Sec.  401.41(a) is denied, and the project sponsor 
wishes to apply for renewal of its docket approval under paragraph (b), 
the project sponsor must do so by a date to be established by the 
Commission. In this situation, the docket approval is not thereafter 
administratively continued automatically. However, the Commission may, 
in its discretion, administratively extend the docket approval in whole 
or in part for a period ending on or before the date on which the 
Commission renders a final decision on the sponsor's renewal 
application.

Correcting Amendments

    On October 8, 1987, the Commission redesignated portions of the 
Rules of Practice and Procedure (52 FR 37602). The final rule that 
contained the redesignation inadvertently failed to update certain 
cross-references affected by the redesignation. This final rule 
corrects those cross-references. The affected provisions are 18 CFR 
401.108(c), 401.109(a), (d), and (e), 401.113, and 401.115(b).

Additional Materials

    Additional materials can be found on the Commission's website at: 
https://www.nj.gov/drbc/about/regulations/finalrule_RPPamendments.html. 
These include links to Resolution No. 2024--06 of June 5, 2024 adopting 
the final rule and incorporating a clean copy of the rule text; the 
Commission's Comment and Response Document; a mark-up comparing the 
final to the proposed rule text; a mark-up comparing the final to the 
former rule text; and copies of the comments received.
    The Commission's notice of proposed rulemaking and proposed rule 
text can be found on the Commission's website at: https://www.nj.gov/drbc/meetings/proposed/notice_RPP_amendments.html.

List of Subjects in 18 CFR Part 401

    Administrative practice and procedure, Archives and records, Water 
resources.

    For the reasons set forth in the preamble, the Delaware River Basin 
Commission amends 18 CFR chapter III as follows:

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 A--Comprehensive Plan

0
2. In Sec.  401.8, revise paragraph (a) to read as follows:


Sec.  401.8  Public projects under Article 11 of the Compact.

    (a) After a project of any Federal, State, or local agency has been 
included in the Comprehensive Plan, no further action will be required 
by the Commission or by the agency to satisfy the requirements of 
Article 11 of the Compact, except as the Comprehensive Plan may be 
amended or revised pursuant to the Compact and this part. Any project 
which is materially changed from the project as described in the 
Comprehensive Plan will be deemed to be a new and different project for 
the purposes of Article 11 of the Compact. Whenever a change is made 
the sponsor shall advise the Executive Director, who will determine 
whether the change is deemed a material change within the meaning of 
this part.
* * * * *

Subpart B--Water Resources Program

0
3. Revise Sec. Sec.  401.22 and 401.23 to read as follows:


Sec.  401.22  Concept of the program.

    The Water Resources Program, as defined and described in section 
13.2 of the Compact, will be a reasonably detailed amplification of 
that part of the Comprehensive Plan which the Commission recommends for 
action. That part of the Program consisting of a presentation of the 
water resource needs of the Basin will be revised only at such 
intervals as may be indicated to reflect new findings and conclusions, 
based upon the Commission's continuing planning programs.


Sec.  401.23  Procedure.

    The Water Resources Program will be prepared and considered by the 
Commission for adoption annually. Projects included in the Water 
Resources Program shall have been previously included in the 
Comprehensive Plan, except that a project may be added to both the Plan 
and the Program by concurrent action of the Commission. In such 
instances, the project's sponsor shall furnish the information listed 
in Sec.  401.4(b) prior to the inclusion of the project in the 
Comprehensive Plan and Water Resources Program.


Sec.  Sec.  401.24 through 401.26   [Removed]

0
4. Remove Sec. Sec.  401.24 through 401.26.

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

0
5. In Sec.  401.38, revise the introductory text to read as follows:


Sec.  401.38  Form of referral by State or Federal agency.

    Upon receipt of an application by any State or Federal agency for 
any project reviewable by the Commission under this part, if the 
project has not prior thereto been reviewed and approved by the 
Commission, such agency shall refer the project for review under 
section 3.8 of the Compact in such form and manner as shall be provided 
by Administrative Agreement.
* * * * *

0
6. Revise Sec.  401.39 to read as follows:


Sec.  401.39  Form of submission of projects.

    (a) Submission constituting application. Where a project is subject 
to review under section 3.8 of the Compact, the submission shall be in 
accordance with such form of application as the Executive Director may 
prescribe and with such supporting documentation as the Executive 
Director may reasonably require for the administration of the 
provisions of the Compact. An application shall be deemed complete and 
the Commission's review of the application may commence upon submission 
of the completed form in accordance with paragraph (b) of this section, 
and payment of the applicable fee as set forth in Sec.  401.43 together 
with all

[[Page 51826]]

balances due the Commission, if any, by the applicant or any member of 
its corporate structure, for unpaid fees, penalties, or interest.
    (b) Submission of applications. Application forms and accompanying 
submissions shall be filed in accordance with the filing instructions 
included on the application form.
    (c) Availability of forms. Any person may obtain a copy of any form 
prescribed for use in paragraph (a) of this section on the Commission's 
website, https://www.drbc.gov.

0
7. Revise Sec.  401.41 to read as follows:


Sec.  401.41  Limitation of approval; dormant applications.

    (a) Extension (no material change)--(1) Term of approval; extension 
request. For any Commission approval not assigned an expiration date, 
the Commission's approval shall expire five years from the approval 
date unless prior thereto the Commission extends the approval for an 
additional period of up to five years, based upon a written request 
from the project sponsor accompanied by supporting documentation 
demonstrating that the following criteria have been met:
    (i) No material changes to the project as approved are proposed;
    (ii) The condition of the project site has not changed in a manner 
important to determining whether the project would substantially impair 
or conflict with the Commission's Comprehensive Plan;
    (iii) The Commission's Comprehensive Plan has not changed in a 
manner important to determining whether the project would substantially 
impair or conflict with the Comprehensive Plan; and
    (iv) The project sponsor is diligently pursuing the project as 
shown by its planning, construction or project operational activities, 
its project expenditures, its efforts to secure government approvals 
necessary for the project, or its active participation in appeals of 
government decisions on its applications for government approvals. The 
project sponsor is not required by this paragraph (a)(1)(iv) to conduct 
activities that it is not legally authorized to conduct or that it 
demonstrates would be unreasonable for it to conduct before obtaining 
all necessary final government approvals.
    (2) Denial of extension request. Otherwise, the extension request 
shall be denied, and the project sponsor may apply for renewal of its 
approval under paragraph (b) of this section by a date to be 
established by the Commission. If the Commission denies the request for 
an extension pursuant to this section, the docket approval shall not be 
administratively continued automatically pursuant to paragraph (a)(5) 
of this section. The Commission may, however, in its discretion, 
administratively extend the docket approval in whole or in part for a 
period ending on or before the date on which the Commission renders a 
final decision on the sponsor's re-application under paragraph (b) of 
this section.
    (3) Public notice. The Commission will publish notice of receipt of 
a request for extension under this paragraph (a) and will provide 
notice at least ten days prior to the date of a business meeting at 
which the Commissioners may act on such request.
    (4) Public comment. An opportunity for written comment of at least 
ten days' length will be provided on a request for extension. The 
project sponsor will be afforded an opportunity to respond in writing 
to the comments received. A public hearing will be provided if three or 
more Commission members ask the Executive Director in writing to 
schedule one or vote during a public meeting of the Commission to 
provide one.
    (5) Administrative continuance. A docket that is the subject of a 
request for extension under paragraph (a) of this section filed at 
least 90 days before the docket's expiration shall be administratively 
continued pending the Commission's final action on the request in the 
event that such action occurs after the otherwise effective date of 
termination under this section.
    (6) Extensions no longer needed. If the activities authorized by a 
docket are limited to construction activities, an extension is no 
longer required once construction is complete; however, the expiration 
of the docket, including any approved extension, does not eliminate 
ongoing docket obligations expressly identified as such in the docket 
approval.
    (b) Re-application (material change). If the Commission determines 
that the project sponsor has failed to demonstrate that no material 
changes to the project as approved are proposed and that the other 
criteria listed in paragraph (a)(1) of this section are satisfied, the 
project sponsor must apply for renewal and any necessary modification 
of its approval in accordance with the customary application procedure 
for any docket renewal or approval.
    (c) Automatic termination of application. Any application that 
remains dormant (no proof of active pursuit of approvals) for a period 
of three years from date of receipt, shall be automatically terminated 
without further action of the Commission. Any renewed activity 
following that date will require submission of a new application.

0
8. In Sec.  401.42, revise paragraph (e) to read as follows:


Sec.  401.42  One Permit Program.

* * * * *
    (e) Comprehensive Plan projects. Articles 11 and 13 of the Compact 
require certain projects to be included in the Comprehensive Plan. To 
add a project not yet included in the Comprehensive Plan, the project 
sponsor shall submit a separate application to the Commission. If 
following its review and public hearing the Commission approves the 
addition of the project to the Comprehensive Plan, the Commission's 
approval will include such project requirements as are necessary under 
the Compact and this part. All other project approvals that may be 
required from the Signatory Party Agency or the Commission under 
regulatory programs administered pursuant to this section may be issued 
through the One Permit Program. An application for renewal or 
modification of a project in the Comprehensive Plan that does not 
materially change the project may be submitted only to the Signatory 
Party Agency unless otherwise specified in the Administrative 
Agreement.
* * * * *

0
9. In Sec.  401.43:
0
a. Revise paragraphs (b)(1)(ii) and (b)(4)(ii) through (iv); and
0
b. In paragraph (e), in table 3, remove the entries for ``Name change'' 
and ``Change of Ownership'' and add an entry at the end of the table 
for ``Name Change or Change of Ownership'' in their place.
    The revisions and addition read as follows:


Sec.  401.43  Regulatory program fees.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Project requiring inclusion in the comprehensive plan. Any 
project that in accordance with section 11 or section 13.1 of the 
Delaware River Basin Compact and DRBC regulations must be added to the 
Comprehensive Plan (also, ``Plan''). In addition to any new project 
required to be included in the Plan, such projects include existing 
projects that in accordance with section 13.1 of the Compact are 
required to be included in the Plan and which were not previously added 
to the Plan. Any existing project that is materially changed from the 
project as described in

[[Page 51827]]

the Plan shall be deemed to be a new and different project for purposes 
of this section.
* * * * *
    (4) * * *
    (ii) Late filed renewal application. Any renewal application 
submitted fewer than 180 calendar days in advance of the expiration 
date or after such other date specified in the docket or permit or 
letter of the Executive Director for filing a renewal application shall 
be subject to a late filed renewal application charge in excess of the 
otherwise applicable fee.
    (iii) Modification of a DRBC approval. Following Commission action 
on a project, any material change to the project as approved shall 
require an additional application and accompanying fee. Such fee shall 
be calculated in accordance with paragraph (e) of this section and may 
be subject to an alternative review fee in accordance with paragraph 
(b)(3) of this section.
    (iv) Name change or change of ownership. Each project with a docket 
or permit issued by the DRBC will be charged an administrative fee as 
set forth in paragraph (e) of this section if it undergoes a change in 
name or a ``change in ownership'' as that term is defined at Sec.  
420.31(e)(2) of this subchapter.
* * * * *
    (e) * * *

                Table 3 to Sec.   401.43--Additional Fees
------------------------------------------------------------------------
            Proposed action                   Fee          Fee maximum
------------------------------------------------------------------------
 
                              * * * * * * *
Name Change or Change of Ownership....      $1,917 \1\   ...............
------------------------------------------------------------------------
\1\ Subject to annual adjustment in accordance with paragraph (c) of
  this section.

Subpart H--Public Access to Records and Information

0
10. Remove the authority citation to subpart H.

0
11. In Sec.  401.103, revise paragraph (a) to read as follows:


Sec.  401.103  Request for existing records.

    (a) Any written request to the Commission for existing records not 
prepared for routine distribution to the public shall be deemed to be a 
request for records pursuant to the provisions of this part, whether or 
not the provisions of this part are mentioned in the request, and shall 
be governed by the provisions of this part.
* * * * *

0
12. Revise Sec.  401.104 to read as follows:


Sec.  401.104  Preparation of new records.

    The provisions of this part apply only to existing records that are 
reasonably described in a request filed with the Commission pursuant to 
the procedures herein established. The Commission shall not be required 
to prepare new records in order to respond to a request for 
information.

0
13. In Sec.  401.105, revise paragraph (b) to read as follows:


Sec.  401.105  Indexes of certain records.

* * * * *
    (b) A copy of each such index is available at cost of duplication 
from the Records Access Officer.

0
14. Revise Sec.  401.106 to read as follows:


Sec.  401.106  Records Access Officer.

    The Executive Director shall designate a Commission employee as the 
Records Access Officer. The Records Access Officer shall be responsible 
for Commission compliance with the provisions of this part. All 
requests for agency records shall be sent to the Records Access Officer 
in a manner consistent with Sec.  401.108(a).

0
15. In Sec.  401.108, revise paragraphs (a), (b)(1), (c), and (d) to 
read as follows:


Sec.  401.108  Filing a request for records.

    (a) All requests for Commission records shall be submitted to the 
Records Access Officer on such forms as the Executive Director may 
prescribe, which shall be available on the Commission's website, 
https://www.drbc.gov, or by written request to the Commission, 25 Cosey 
Road, West Trenton, NJ 08628.
    (b) * * *
    (1) If the description is insufficient to locate the records 
requested, the Records Access Officer will so notify the person making 
the request and indicate the additional information needed to identify 
the records requested.
* * * * *
    (c) Upon receipt of a request for records, the Records Access 
Officer shall enter it in a public log (which entry may consist of a 
copy of the request). The log shall state the date and time received, 
the name and address of the person making the request, the nature of 
the records requested, the action taken on the request, the date of the 
determination letter sent pursuant to Sec.  401.109(b), the date(s) any 
records are subsequently furnished, the number of staff-hours and grade 
levels of persons who spent time responding to the request, and the 
payment requested and received.
    (d) A denial of a request for records, in whole or in part, shall 
be signed by the Records Access Officer. The name and title or position 
of each person who participated in the denial of a request for records 
shall be set forth in the letter denying the request. This requirement 
may be met by attaching a list of such individuals to the letter.

0
16. In Sec.  401.109, revise paragraphs (a), (b) introductory text, and 
(c) through (e) to read as follows:


Sec.  401.109  Time limitations.

    (a) All time limitations established pursuant to this section shall 
begin as of the time at which a request for records is logged in by the 
Records Access Officer pursuant to Sec.  401.108(c). An oral request 
for records shall not begin any time requirement. A written request for 
records sent elsewhere within the Commission shall not begin any time 
requirement until it is redirected to the Records Access Officer and is 
logged in accordance with Sec.  401.108(c). A request that is expected 
to involve fees in excess of $50.00 will not be deemed received until 
the requester is promptly notified and agrees to bear the cost or has 
so indicated on the initial request.
    (b) Within 10 working days (excepting Saturdays, Sundays, and legal 
public holidays) after a request for records is logged by the Records 
Access Officer, the record shall be furnished or a letter shall be sent 
to the person making the request determining whether, or the extent to 
which, the Commission will comply with the request, and, if any records 
are denied, the reasons therefor.
* * * * *
    (c) If any record is denied, the letter shall state the right of 
the person requesting such records to appeal any

[[Page 51828]]

adverse determination to the Executive Director of the Commission. Such 
an appeal shall be filed within 30 days from receipt of the Records 
Access Officer's determination denying the requested information (where 
the entire request has been denied), or from the receipt of any 
information made available pursuant to the request (where the request 
has been denied in part). Within 20 working days (excepting Saturdays, 
Sundays, and legal public holidays) after receipt of any appeal, or any 
authorized extension, the Executive Director or the Executive 
Director's designee shall make a determination and notify the appellant 
of such determination. If the appeal is decided in favor of the 
appellant the requested information shall be promptly supplied as 
provided in this part. If on appeal the denial of the request for 
records is upheld in whole or in part, the appellant shall be entitled 
to appeal to the Commission at its regular meeting. In the event that 
the Commission confirms the Executive Director's denial the appellant 
shall be notified of the provisions for judicial review.
    (d) If the request for records will result in a fee of more than 
$25, determination letter under paragraph (b) of this section shall 
specify or estimate the fee involved and may require prepayment, as 
well as payment of any amount not yet received as a result of any 
previous request, before the records are made available. If the fee is 
less than $25, prepayment shall not be required unless payment has not 
yet been received for records disclosed as a result of a previous 
request.
    (e) Whenever possible, the determination letter required under 
paragraph (b) of this section, relating to a request for records that 
involves a fee of less than $25.00, shall be accompanied by the 
requested records. Where this is not possible, the records shall be 
forwarded as soon as possible thereafter. For requests for records 
involving a fee of more than $25.00, the records shall be forwarded as 
soon as possible after receipt of payment.

0
17. In Sec.  401.110, revise paragraphs (a)(1)(i)(A) and (c) to read as 
follows:


Sec.  401.110  Fees.

    (a) * * *
    (1) * * *
    (i) * * *
    (A) Processing requests for records;
* * * * *
    (c) Payment shall be made by check or money order payable to 
``Delaware River Basin Commission'' and shall be sent to the Records 
Access Officer.

0
18. Revise Sec.  401.113 to read as follows:


Sec.  401.113  Segregable materials.

    Any reasonably segregable portion of a record shall be provided to 
any person requesting such record after deletion of the portions which 
are exempt under this part, except as provided in Sec.  401.102.

0
19. Revise Sec.  401.115 to read as follows:


Sec.  401.115  Discretionary disclosure by the Executive Director.

    (a) The Executive Director may exercise discretion to disclose part 
or all of any Commission record that is otherwise exempt from 
disclosure pursuant to this part whenever the Executive Director 
determines that such disclosure is in the public interest, will promote 
the objectives of the Commission, and is consistent with the rights of 
individuals to privacy, the property rights of persons in trade 
secrets, and the need for the Commission to promote frank internal 
policy deliberations and to pursue its regulatory activities without 
disruption.
    (b) Discretionary disclosure of a record pursuant to this section 
shall invoke the requirement that the record shall be disclosed to any 
person who requests it pursuant to Sec.  401.108, but shall not set a 
precedent for discretionary disclosure of any similar or related record 
and shall not obligate the Executive Director to disclose any other 
record that is exempt from disclosure.

Subpart I--General Provisions

0
20. In Sec.  401.121, redesignate paragraph (e) as paragraph (f) and 
add new paragraph (e) to read as follows:


Sec.  401.121  Definitions.

* * * * *
    (e) Material change shall mean a change to a project previously 
approved by the Commission that is important in determining whether the 
project would substantially impair or conflict with the Commission's 
comprehensive plan.
* * * * *

    Dated: June 11, 2024.
Pamela M. Bush,
Commission Secretary/Assistant General Counsel.
[FR Doc. 2024-13308 Filed 6-18-24; 8:45 am]
BILLING CODE 6360-01-P