Revised Exhibit Submission Requirements for Commission Hearings, 15700-15702 [2015-06694]
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15700
Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules
Dated: March 19, 2015.
Christopher J. Kirkpatrick,
Secretary of the Commission.
The Commission proposes to
amend Rule 508 of the Commission’s
Rules of Practice and Procedure to
eliminate the requirement that
participants in Commission trial-type
evidentiary hearings must provide paper
copies of all exhibits introduced as
evidence. The Proposed Rule will
facilitate a shift toward electronic
hearing procedures which should
improve the efficiency and
administrative convenience of the
Commission hearing process, reduce the
burden and expense associated with
paper exhibits, and facilitate the
compilation and transmittal of the
hearing record to the Commission in
electronic format.
DATES: Comments are due May 26, 2015.
ADDRESSES: Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
SUMMARY:
[FR Doc. 2015–06688 Filed 3–19–15; 04:15 pm]
BILLING CODE 6351–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 385
[Docket No. RM15–5–000]
Revised Exhibit Submission
Requirements for Commission
Hearings
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of proposed rulemaking.
AGENCY:
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Comment Procedures Section of
this document.
FOR FURTHER INFORMATION CONTACT:
Karin Herzfeld, Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, Telephone:
(202) 502–8459.
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph
numbers
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I. Background ..........................................................................................................................................................................................
II. Discussion ..........................................................................................................................................................................................
III. Information Collection Statement ....................................................................................................................................................
IV. Environmental Analysis ...................................................................................................................................................................
V. Regulatory Flexibility Act .................................................................................................................................................................
VI. Comment Procedures .......................................................................................................................................................................
VII. Document Availability ....................................................................................................................................................................
1. The Commission is proposing to
amend Rule 508 of the Commission’s
Rules of Practice and Procedure 1 to
eliminate the requirement that
participants in Commission trial-type
evidentiary hearings must provide paper
copies of all exhibits introduced as
evidence. The Commission proposes to
amend section 385.508 of the
Commission’s regulations by removing
paragraph (a)(2) and redesignating
paragraph (a)(3) as paragraph (a)(2).
While still retaining the option to
provide exhibits in paper form, the
proposed rule will facilitate a shift
toward electronic hearing procedures
which should improve the efficiency
and administrative convenience of the
Commission hearing process, reduce the
burden and expense associated with
paper exhibits, and facilitate the
compilation and transmittal of the
hearing record to the Commission in
electronic format.
I. Background
2. The Federal government has set a
goal to substitute electronic means of
communication and information storage
for paper. For example, the Government
Paperwork Elimination Act directed
1 18
CFR 385.508.
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20:23 Mar 24, 2015
Jkt 235001
agencies to provide for the optional use
and acceptance of electronic documents
and signatures, and electronic recordkeeping, where practical.2 Similarly, the
Office of Management and Budget
(OMB) Circular A–130 required agencies
to use electronic information collection
techniques, where such means will
reduce the burden on the public,
increase efficiency, reduce costs, and
help provide better service.
3. On September 21, 2000, the
Commission issued Order No. 619,
which implemented the use of the
Internet for submission of certain
documents to the Commission for
filing.3 The eFiling system plays an
important role in the Commission’s
efforts to comply with the Government
Paperwork Elimination Act’s
requirement that agencies provide the
option to submit information
electronically, when practicable, as a
substitute for paper.4 Filing via the
Internet is optional for eligible
documents.5 Since issuing Order No.
619, the Commission has greatly
2 44
U.S.C. 3504.
Filing of Documents, Order No. 619,
65 FR 57088 (Sept. 21, 2000), FERC Stats. & Regs.
¶31,107 (2000).
4 44 U.S.C. 3504.
5 18 CFR 385.2001(a).
3 Electronic
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
2.
4.
7.
8.
9.
11.
15.
expanded its ability to accept
electronically filed material, including
interventions, protests, rehearings,
complaints, and applications for
certificates and licenses.6 In 2008, the
Commission further implemented a
system for electronic tariff filing.7
Consistent with these prior efforts to
provide electronic filing options, the
Commission is proposing to eliminate
the requirement that all exhibits
introduced at Commission hearings
must be provided in paper form.
II. Discussion
4. Section 385.508 of the
Commission’s regulations currently
requires that ‘‘[a]ny participant who
seeks to have an exhibit admitted into
evidence must provide one copy of the
6 See Electronic Registration, Order No. 891, 67
FR 52,406 (Aug. 12, 2002), FERC Stats. & Regs.
¶ 31,132 (2002); Electronic Filing of FERC Form 1,
and Elimination of Certain Designated Schedules in
Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093
(May 23, 2002), FERC Stats. & Regs. ¶ 31,130 (2002);
Electronic Service of Documents, 66 FR 50,591 (Oct.
4, 2001), FERC Stats. & Regs. ¶ 35,539 (2001);
Revised Public Utility Filing Requirements, Order
No. 2001, 67 FR 31,043 (May 8, 2002), FERC Stats.
& Regs. ¶ 31,127 (2002); Filing Via the Internet,
Order No. 703, 72 FR 65,659 (Nov. 23, 2007), FERC
Stats. & Regs. ¶ 31,259 (2007).
7 Electronic Tariff Filings, Order No. 714, FERC
Stats. & Regs. ¶ 31,276 (2008).
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Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules
exhibit to the presiding officer and two
copies to the reporter, not later than the
time that the exhibit is marked for
identification.’’ 8 Under current practice,
the court reporter assigns Exhibit
Numbers to the paper copies and
provides the paper copies to the
Commission’s Docket Branch to be
scanned into the Commission’s eLibrary
system. Copies of all exhibits and
motions that are not pre-filed must also
be provided to all participants at the
hearing.9
5. The administrative law judges
recently adopted a revised practice for
handling exhibits and creating the
Exhibit List that removes the need for
providing paper copies at the hearing.
Under this policy, within seven days of
the end of the hearing, participants must
file (via eFiling) a ‘‘Joint Exhibit List’’
and each sponsoring party must file (via
eFiling) the ‘‘Official Copies’’ of each
exhibit that was offered into evidence
and admitted or rejected.10 Thus, it is no
longer necessary or efficient to require
all participants to provide the presiding
judge and court reporter with paper
copies of each exhibit introduced at the
hearing.
6. The Commission therefore proposes
to eliminate the requirement that
participants provide one paper copy of
each exhibit to the presiding officer and
two paper copies to the court reporter.11
The proposed rule represents a
continuation of the Commission’s efforts
to implement the goal of substituting
electronic means of communication and
information storage for paper means.
The proposed rule should save
resources because participants will no
longer be required to make multiple
paper copies of all exhibits that they
intend to submit into evidence. The
proposed rule also will facilitate the
presiding judge’s compilation and
transmittal of the hearing record to the
Commission in electronic format.
8 18
CFR 385.508(2).
CFR 385.510(d).
10 See Notice to the Public, Procedures for
Handling Exhibits and Developing the Electronic
Hearing Record (issued December 12, 2014),
https://www.ferc.gov/media/headlines/2014/2014-4/
12-12-14-notice.pdf.
All electronically-filed exhibits must comply
with eFiling file format requirements. See Filing Via
the Internet, Order No. 703, FERC Stats. & Regs.
¶ 31,259 at P 33.
For exhibits that have not previously been
provided to the participants, such exhibits must
still be provided to the participants at the hearing.
See 18 CFR 385.510(d).
11 Most participants file pre-filed testimony and
exhibits electronically via the eFiling system before
the hearing. The presiding judge in each case will
continue to determine how participants exchange
exhibits brought to the hearing. See 18 CFR
385.504(b)(1), (4).
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9 18
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III. Information Collection Statement
7. Certain collections of information
are subject to review by the Office of
Management and Budget (OMB) under
section 3507(d) of the Paperwork
Reduction Act of 1995 (PRA).12 OMB’s
regulations require OMB to approve
certain information collection
requirements imposed by agency rule.13
This Proposed Rule does not contain
any information collection
requirements, as defined under section
3502(3) of the PRA, and compliance
with the OMB regulations is thus not
required.
IV. Environmental Analysis
8. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.14 This action has been
categorically excluded under section
380.4(a)(2)(ii), addressing procedural
rules.15
V. Regulatory Flexibility Act
9. The Regulatory Flexibility Act of
1980 (RFA) 16 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. This Notice of
Proposed Rulemaking (NOPR) concerns
procedural matters and, if adopted, is
expected to reduce the burden and
expense associated with paper exhibits
and improve the efficiency and
administrative convenience of the
Commission hearing process.
10. Accordingly, the Commission
certifies that this NOPR, if adopted, will
not have a significant economic impact
on a substantial number of small
entities. An analysis under the RFA is
not required.
VI. Comment Procedures
11. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due May 26, 2015.
Comments must refer to Docket No.
RM15–5–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
12 44
U.S.C. 3507(d).
CFR 1320.12.
14 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986–1990 ¶ 30,783 (1987).
15 18 CFR 380.4(a)(2)(ii).
16 5 U.S.C. 601–12.
13 5
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
15701
12. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
13. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
14. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
VII. Document Availability
15. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
16. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
17. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Dated: March 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend Part
385, Chapter I, Title 18, Code of Federal
Regulations, as follows.
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15702
Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules
PART 385—RULES OF PRACTICE AND
PROCEDURE
1. The authority citation for Part 385
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717z, 3301–3432; 16 U.S.C. 792–828c,
2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
9701; 42 U.S.C. 7101–7352, 16441, 16451–
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
(1988).
2. Section 385.508 is amended by
revising paragraph (a) to read as follows:
■
§ 385.508
Exhibits (Rule 508).
(a) General rules. (1) Except as
provided in paragraphs (b) through (e)
of this section, any material offered in
evidence, other than oral testimony,
must be offered in the form of an
exhibit.
(2) The presiding officer will cause
each exhibit offered by a participant to
be marked for identification.
*
*
*
*
*
[FR Doc. 2015–06694 Filed 3–24–15; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, 1917, 1918,
and 1926
[Docket No. OSHA–2012–0023]
RIN 1218–AC74
Chemical Management and
Permissible Exposure Limits (PELs)
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Extension of comment period.
AGENCY:
OSHA is extending the
comment period on the Request for
Information on Chemical Management
and Permissible Exposure Limits (PELs)
to October 9, 2015.
DATES: Comments must be submitted
(postmarked, sent or received) by
October 9, 2015.
ADDRESSES: You may submit comments,
identified by Docket No. OSHA–2012–
0023, by any one of the following
methods:
Electronically: You may submit
comments and written testimony along
with attachments electronically at
https://www.regulations.gov, which is
the Federal e-Rulemaking Portal. Click
on the ‘‘COMMENT NOW!’’ box next to
the title ‘‘Chemical Management and
Permissible Exposure Limits (PELs);
Extension of Comment Period,’’ and
follow the instructions on-line for
making electronic submissions.
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SUMMARY:
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20:23 Mar 24, 2015
Jkt 235001
Fax: If your comments, including
attachments, do not exceed 10 pages,
you may fax them to the OSHA Docket
Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger or courier service: You must
submit three copies of your comments
and attachments to the OSHA Docket
Office, Docket No. OSHA–2009–0044,
U.S. Department of Labor, Room N–
2625, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202)
693–2350 (OSHA’s TTY number is (877)
889–5627). Deliveries (hand, express
mail, messenger and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m.–4:45 p.m., e.t.
Instructions: All submission must
include the docket number (Docket No.
OSHA–2012–0023) or RIN number (RIN
1218–AC74) for this rulemaking.
Because of security-related procedures,
submission by regular mail may result
in significant delay. Please contact the
OSHA Docket Office about security
procedures for hand delivery, express
delivery, messenger or courier.
All comments, including any personal
information you provide, are placed in
the public docket without change and
may be made available on https://
www.regulations.gov. Therefore, OSHA
cautions you about submitting personal
information such as social security
numbers and birthdates.
Docket: To read or download
submissions in response to the proposed
rule, go to Docket No. OSHA–2009–
0044 at https://www.regulations.gov. All
submissions are listed in the https://
www.regulations.gov index, however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through that Web
page. All submissions, including
copyrighted material, are available for
inspections and copying at the OSHA
Docket Office.
Electronic copies of this Federal
Register document are available at
https://www.regulations.gov. This
document, as well as news releases and
other relevant information, also are
available at OSHA’s Web page at https://
www.osha.gov.
FOR FURTHER INFORMATION CONTACT: For
general information and press inquiries,
contact Frank Meilinger, Director, Office
of Communications, Room N–3647,
OSHA, U.S. Department of Labor,
200Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–1999; email: meilinger.francis2@
dol.gov.
For technical inquiries, contact
William Perry or Lyn Penniman,
Directorate of Standards and Guidance,
PO 00000
Frm 00006
Fmt 4702
Sfmt 9990
Room N–3718, OSHA, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–1950 or fax (202) 693–1678; email:
penniman.lyn@dol.gov.
On
October 10, 2014, OSHA published in
the Federal Register (79 FR 61384–
61438) a Request for Information (RFI)
soliciting stakeholder feedback with
respect to OSHA’s overall approach to
managing hazardous chemical
exposures in the workplace. The
document outlines potential
modifications to OSHA’s current risk
and feasibility assessment approaches
and requests additional information
about chemical management for the
workplace that may be more efficient,
while still maintaining worker
protection. The RFI set a date of April
8, 2015 for submitting written
comments.
OSHA has received multiple requests
from stakeholders, including the
American College of Occupational and
Environmental Medicine (ACOEM), the
American Federation of Labor and
Congress of Industrial Organizations
(AFL–CIO), the American Industrial
Hygiene Association (AIHA), and
ORCHSE Strategies, LLC, to extend the
comment period by 60 to 180 additional
days. These groups have requested this
additional time in order to better
research, consider, and formulate
responses to the over 50 questions
OSHA included in the RFI.
OSHA has decided to extend the
comment deadline to October 9, 2015,
which provides stakeholders an
additional 6 months in which to submit
comments.
SUPPLEMENTARY INFORMATION:
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210,
directed the preparation of this notice.
OSHA is issuing this notice under 29
U.S.C. 653, 655, 657; 33 U.S.C. 941; 40
U.S.C. 3704 et seq.; Secretary of Labor’s
Order 1–2012 (77 FR 3912, 1/25/2012);
and 29 CFR part 1911.
Signed at Washington, DC, on March 12,
2015.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2015–06516 Filed 3–24–15; 8:45 am]
BILLING CODE 4510–26–P
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]]>Agencies
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15700-15702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06694]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 385
[Docket No. RM15-5-000]
Revised Exhibit Submission Requirements for Commission Hearings
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Commission proposes to amend Rule 508 of the Commission's
Rules of Practice and Procedure to eliminate the requirement that
participants in Commission trial-type evidentiary hearings must provide
paper copies of all exhibits introduced as evidence. The Proposed Rule
will facilitate a shift toward electronic hearing procedures which
should improve the efficiency and administrative convenience of the
Commission hearing process, reduce the burden and expense associated
with paper exhibits, and facilitate the compilation and transmittal of
the hearing record to the Commission in electronic format.
DATES: Comments are due May 26, 2015.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
Electronic Filing through https://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.
FOR FURTHER INFORMATION CONTACT: Karin Herzfeld, Office of the General
Counsel, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426, Telephone: (202) 502-8459.
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph
numbers
I. Background.............................................. 2.
II. Discussion............................................. 4.
III. Information Collection Statement...................... 7.
IV. Environmental Analysis................................. 8.
V. Regulatory Flexibility Act.............................. 9.
VI. Comment Procedures..................................... 11.
VII. Document Availability................................. 15.
1. The Commission is proposing to amend Rule 508 of the
Commission's Rules of Practice and Procedure \1\ to eliminate the
requirement that participants in Commission trial-type evidentiary
hearings must provide paper copies of all exhibits introduced as
evidence. The Commission proposes to amend section 385.508 of the
Commission's regulations by removing paragraph (a)(2) and redesignating
paragraph (a)(3) as paragraph (a)(2). While still retaining the option
to provide exhibits in paper form, the proposed rule will facilitate a
shift toward electronic hearing procedures which should improve the
efficiency and administrative convenience of the Commission hearing
process, reduce the burden and expense associated with paper exhibits,
and facilitate the compilation and transmittal of the hearing record to
the Commission in electronic format.
---------------------------------------------------------------------------
\1\ 18 CFR 385.508.
---------------------------------------------------------------------------
I. Background
2. The Federal government has set a goal to substitute electronic
means of communication and information storage for paper. For example,
the Government Paperwork Elimination Act directed agencies to provide
for the optional use and acceptance of electronic documents and
signatures, and electronic record-keeping, where practical.\2\
Similarly, the Office of Management and Budget (OMB) Circular A-130
required agencies to use electronic information collection techniques,
where such means will reduce the burden on the public, increase
efficiency, reduce costs, and help provide better service.
---------------------------------------------------------------------------
\2\ 44 U.S.C. 3504.
---------------------------------------------------------------------------
3. On September 21, 2000, the Commission issued Order No. 619,
which implemented the use of the Internet for submission of certain
documents to the Commission for filing.\3\ The eFiling system plays an
important role in the Commission's efforts to comply with the
Government Paperwork Elimination Act's requirement that agencies
provide the option to submit information electronically, when
practicable, as a substitute for paper.\4\ Filing via the Internet is
optional for eligible documents.\5\ Since issuing Order No. 619, the
Commission has greatly expanded its ability to accept electronically
filed material, including interventions, protests, rehearings,
complaints, and applications for certificates and licenses.\6\ In 2008,
the Commission further implemented a system for electronic tariff
filing.\7\ Consistent with these prior efforts to provide electronic
filing options, the Commission is proposing to eliminate the
requirement that all exhibits introduced at Commission hearings must be
provided in paper form.
---------------------------------------------------------------------------
\3\ Electronic Filing of Documents, Order No. 619, 65 FR 57088
(Sept. 21, 2000), FERC Stats. & Regs. ]31,107 (2000).
\4\ 44 U.S.C. 3504.
\5\ 18 CFR 385.2001(a).
\6\ See Electronic Registration, Order No. 891, 67 FR 52,406
(Aug. 12, 2002), FERC Stats. & Regs. ] 31,132 (2002); Electronic
Filing of FERC Form 1, and Elimination of Certain Designated
Schedules in Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093 (May
23, 2002), FERC Stats. & Regs. ] 31,130 (2002); Electronic Service
of Documents, 66 FR 50,591 (Oct. 4, 2001), FERC Stats. & Regs. ]
35,539 (2001); Revised Public Utility Filing Requirements, Order No.
2001, 67 FR 31,043 (May 8, 2002), FERC Stats. & Regs. ] 31,127
(2002); Filing Via the Internet, Order No. 703, 72 FR 65,659 (Nov.
23, 2007), FERC Stats. & Regs. ] 31,259 (2007).
\7\ Electronic Tariff Filings, Order No. 714, FERC Stats. &
Regs. ] 31,276 (2008).
---------------------------------------------------------------------------
II. Discussion
4. Section 385.508 of the Commission's regulations currently
requires that ``[a]ny participant who seeks to have an exhibit admitted
into evidence must provide one copy of the
[[Page 15701]]
exhibit to the presiding officer and two copies to the reporter, not
later than the time that the exhibit is marked for identification.''
\8\ Under current practice, the court reporter assigns Exhibit Numbers
to the paper copies and provides the paper copies to the Commission's
Docket Branch to be scanned into the Commission's eLibrary system.
Copies of all exhibits and motions that are not pre-filed must also be
provided to all participants at the hearing.\9\
---------------------------------------------------------------------------
\8\ 18 CFR 385.508(2).
\9\ 18 CFR 385.510(d).
---------------------------------------------------------------------------
5. The administrative law judges recently adopted a revised
practice for handling exhibits and creating the Exhibit List that
removes the need for providing paper copies at the hearing. Under this
policy, within seven days of the end of the hearing, participants must
file (via eFiling) a ``Joint Exhibit List'' and each sponsoring party
must file (via eFiling) the ``Official Copies'' of each exhibit that
was offered into evidence and admitted or rejected.\10\ Thus, it is no
longer necessary or efficient to require all participants to provide
the presiding judge and court reporter with paper copies of each
exhibit introduced at the hearing.
---------------------------------------------------------------------------
\10\ See Notice to the Public, Procedures for Handling Exhibits
and Developing the Electronic Hearing Record (issued December 12,
2014), https://www.ferc.gov/media/headlines/2014/2014-4/12-12-14-notice.pdf.
All electronically-filed exhibits must comply with eFiling file
format requirements. See Filing Via the Internet, Order No. 703,
FERC Stats. & Regs. ] 31,259 at P 33.
For exhibits that have not previously been provided to the
participants, such exhibits must still be provided to the
participants at the hearing. See 18 CFR 385.510(d).
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6. The Commission therefore proposes to eliminate the requirement
that participants provide one paper copy of each exhibit to the
presiding officer and two paper copies to the court reporter.\11\ The
proposed rule represents a continuation of the Commission's efforts to
implement the goal of substituting electronic means of communication
and information storage for paper means. The proposed rule should save
resources because participants will no longer be required to make
multiple paper copies of all exhibits that they intend to submit into
evidence. The proposed rule also will facilitate the presiding judge's
compilation and transmittal of the hearing record to the Commission in
electronic format.
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\11\ Most participants file pre-filed testimony and exhibits
electronically via the eFiling system before the hearing. The
presiding judge in each case will continue to determine how
participants exchange exhibits brought to the hearing. See 18 CFR
385.504(b)(1), (4).
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III. Information Collection Statement
7. Certain collections of information are subject to review by the
Office of Management and Budget (OMB) under section 3507(d) of the
Paperwork Reduction Act of 1995 (PRA).\12\ OMB's regulations require
OMB to approve certain information collection requirements imposed by
agency rule.\13\ This Proposed Rule does not contain any information
collection requirements, as defined under section 3502(3) of the PRA,
and compliance with the OMB regulations is thus not required.
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\12\ 44 U.S.C. 3507(d).
\13\ 5 CFR 1320.12.
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IV. Environmental Analysis
8. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\14\ This
action has been categorically excluded under section 380.4(a)(2)(ii),
addressing procedural rules.\15\
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\14\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986-1990 ] 30,783 (1987).
\15\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act
9. The Regulatory Flexibility Act of 1980 (RFA) \16\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
This Notice of Proposed Rulemaking (NOPR) concerns procedural matters
and, if adopted, is expected to reduce the burden and expense
associated with paper exhibits and improve the efficiency and
administrative convenience of the Commission hearing process.
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\16\ 5 U.S.C. 601-12.
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10. Accordingly, the Commission certifies that this NOPR, if
adopted, will not have a significant economic impact on a substantial
number of small entities. An analysis under the RFA is not required.
VI. Comment Procedures
11. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due May 26, 2015. Comments must refer to
Docket No. RM15-5-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
12. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at https://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
13. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
14. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
VII. Document Availability
15. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
16. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
17. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Dated: March 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
Part 385, Chapter I, Title 18, Code of Federal Regulations, as follows.
[[Page 15702]]
PART 385--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for Part 385 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 792-828c, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 42
U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988).
0
2. Section 385.508 is amended by revising paragraph (a) to read as
follows:
Sec. 385.508 Exhibits (Rule 508).
(a) General rules. (1) Except as provided in paragraphs (b) through
(e) of this section, any material offered in evidence, other than oral
testimony, must be offered in the form of an exhibit.
(2) The presiding officer will cause each exhibit offered by a
participant to be marked for identification.
* * * * *
[FR Doc. 2015-06694 Filed 3-24-15; 8:45 am]
BILLING CODE 6717-01-P
