Electronic Notification of Commission Issuances, 21330-21332 [05-8247]

Download as PDF 21330 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations meeting and all entities, both large and small, were able to express their views on this issue. Finally, interested persons were invited to submit information on the regulatory and informational impacts of this action on small businesses. A proposed rule concerning this action was published in the Federal Register on January 24, 2005 (70 FR 3313). Copies of the rule were mailed or sent via facsimile to all Committee members and potato handlers. Finally, the rule was made available through the Internet by the Office of the Federal Register and USDA. A 60-day comment period ending March 25, 2005, was provided to allow interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at the following Web site: https://www.ams.usda.gov/fv/moab.html. Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. It is further found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register (5 U.S.C. 553) because handlers are already shipping round potatoes from the 2004– 2005 crop and handlers want to take advantage of the relaxation as soon as possible. Further, handlers are aware of this rule, which was recommended at a public meeting. Also, a 60-day comment period was provided for in the proposed rule and no comments were received. List of Subjects in 7 CFR Part 945 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth above, 7 CFR part 945 is amended as follows: I PART 945—IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON 1. The authority citation for 7 CFR part 945 continues to read as follows: I Authority: 7 U.S.C. 601–674. VerDate jul<14>2003 14:19 Apr 25, 2005 Jkt 205001 § 945.341 [Amended] Notification of Commission Issuances, Order No. 653, 70 FR 8720 (Feb. 23, 2. In § 945.341, paragraph (a)(2)(i), remove the words ‘‘Round red varieties.’’ 2005). The order required persons and add in their place ‘‘Round varieties.’’ wishing to be included on the service list of proceedings that begin on or after Dated: April 20, 2005. March 21, 2005, to eRegister with their Kenneth C. Clayton, e-mail addresses, so as to facilitate Acting Administrator, Agricultural Marketing electronic service of Commission Service. issuances by the Secretary, as well as [FR Doc. 05–8246 Filed 4–25–05; 8:45 am] electronic service by participants upon BILLING CODE 3410–02–P each other.1 The order further amended the Commission’s regulations to provide that, absent agreement otherwise, participants shall serve one another DEPARTMENT OF ENERGY electronically in all proceedings, not Federal Energy Regulatory just those beginning on or after March Commission 21.2 2. The Commission has received one rehearing request, filed by Spiegel & 18 CFR Parts 385 and 390 McDiarmid (Spiegel). Spiegel requests [Docket No. RM04–9–001] rehearing or clarification on several, mainly technical points, and also Electronic Notification of Commission requests that the Commission stay the Issuances effectiveness of the Final Rule. Issued April 13, 2005. 3. One point that Spiegel raises, and with which the Commission agrees, is AGENCY: Federal Energy Regulatory that the requirement for electronic Commission, DOE. service, absent agreement among ACTION: Final rule; order on rehearing of participants, in proceedings begun prior Order No. 653. to March 21 may create difficulties in some cases. Because the requirement SUMMARY: This order on rehearing that service list members eRegister with makes several minor revisions to the their e-mail addresses is effective only Final Rule that was adopted in Order No. 653. The Commission, in that order, for proceedings beginning on or after that date, a participant in a proceeding amended its regulations to provide for begun before that date would be electronic service of Commission required to obtain an e-mail address for issuances and to enhance the use of each service list member. In the interest electronic service between parties to Commission proceedings. The revisions of clarity, the Commission is revising adopted here are necessary to clarify the Rule 2010(f) 3 to provide for electronic service where the sender and recipient rules governing service among parties. agree. DATES: Effective April 26, 2005. 4. Spiegel also expresses concern that FOR FURTHER INFORMATION CONTACT: the revised rules would require Wilbur Miller, Federal Energy electronic service between participants Regulatory Commission, 888 First of protected materials. Spiegel correctly Street, NE., Washington, DC 20426, notes that Order No. 653 effectively (202) 502–8953. substituted electronic for paper service SUPPLEMENTARY INFORMATION: with respect to protected information. In Before Commissioners: Pat Wood, III, Spiegel’s view, protection of electronic Chairman; Nora Mead Brownell, Joseph T. information is more difficult than Kelliher, and Suedeen G. Kelly. protection of paper documents, with a higher degree of risk of inadvertent Order No. 653–A—Order on Rehearing disclosure. and Clarification 5. In the interest of allowing 1. The Commission issued Order No. participants the necessary flexibility to 653 on February 10, 2005. In that order protect sensitive information, the it adopted revisions to its regulations to, Commission is revising Rule 2010(f) so among other things, provide for that service of protected information in electronic service of Commission electronic form is not required. The issuances by the Secretary in revision provides that the serving proceedings beginning on or after March participant may employ paper service 21, 2005; modify its electronic where electronic service could registration (eRegistration) system to jeopardize the security of sensitive include e-mail addresses of the information. members of service lists; and increase the usage of electronic methods of 1 18 CFR 385.2010(h) (2004). 2 18 CFR 385.2010(f) (2004). service by service list members serving 3 Id. documents upon one another. Electronic I PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\26APR1.SGM 26APR1 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations 6. Spiegel next points to the Commission’s indication in Order No. 653 that it will require standardized language in the subject line of service emails. The purpose of such a requirement would be to allow recipients to set their filters so as to avoid rejecting service e-mails. Spiegel complains that this requirement was not added to the regulations. 7. This was not an inadvertent omission. The Commission as a general matter does not place technical requirements in its electronic filing and service regulations. Such requirements, particularly in connection with information technology applications, change often. Revising the regulations for each such change would be cumbersome and impractical. It was the Commission’s intention to place rules, such as standardized subject line language, on its Web site in a location where they would be readily visible to all users. Since Order No. 653 was issued, the Commission’s staff has had extensive contact with customers regarding, among other things, internal forwarding rules, which companies and law firms often use to route important e-mails to the right person. Forwarding rules, in turn, have implications for standardized subject line language. The Commission is endeavoring now to find solutions that will work for its customers. Once it has done so, instructions will be posted at FERC Online. Placing such requirements in the regulations would seriously hamper the Commission’s efforts to identify viable business practices. Spiegel’s request on this subject therefore must be rejected. 8. Spiegel points out that the disclaimer on the Commission’s Web site 4 states that the paper version of a filed document is the official version. For many electronically filed documents, of course, there is no paper version. This matter is beyond the scope of Order No. 653. The Commission will, however, be revising the disclaimer. 9. Spiegel next states that, although the Commission’s regulations governing waivers of the requirement to eRegister refer to a paper registration form to be filed with the Secretary with a request for a waiver, there is no form available from the Secretary. The Commission is revising its regulations 5 to remove the reference to a form. A person seeking a waiver need simply file a request stating its reasons, together with the name and address of a contact. 10. Finally, Spiegel requests clarification on modifying service list 4 https://ferc.gov/disclaimers.asp. 5 18 CFR 390.3(a) (2004). VerDate jul<14>2003 14:19 Apr 25, 2005 Jkt 205001 contacts. Spiegel’s questions are not entirely clear, but it seems to be asking whether it can use a general service email, as opposed to an individual’s email, as a service list contact. It also appears to be asking how to modify existing service list contact information. 11. These are technical questions better addressed through the use of the phone number or e-mail address for support, available at https:// www.ferc.gov/docs-filing/docsfiling.asp. The Commission does note, however, that a participant may employ a general e-mail address for document service when it adds contacts to the service list. General e-mail addresses, however, should only be listed as ‘‘other contacts.’’ The ‘‘primary contact’’ should be an individual person. With respect to the second question, modifications to service list contacts must be made by the filing of a notice with the Commission, as such changes must be made manually by the Secretary. The other participants must also be notified of changes to service list contact information. The Commission will, however, delete the word ‘‘written’’ from Rule 2010(c)(2),6 as there is no reason a request to change service list contact information cannot be filed electronically. 12. Given these revisions, the Commission sees no purpose in a stay of Order No. 653. This request is therefore denied. Information Collection Statement 13. Office of Management and Budget (OMB) regulations require OMB to approve certain information collection requirements imposed by agency rule.7 This Final Rule does not contain any information collection requirements and compliance with the OMB regulations is thus not required. Environmental Analysis 14. 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.8 The Commission has categorically excluded certain actions from this requirement as not having a significant effect on the human environment. Included in the exclusion are rules that are clarifying, corrective, or procedural or that do not substantially change the effect of the CFR 385.2010(c)(2) (2004). CFR 1320.12 (2004). 8 Order No. 486, Regulations Implementing the National Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Preambles 1986–1990 ¶ 30,783 (1987). PO 00000 6 18 75 Frm 00007 Fmt 4700 Sfmt 4700 21331 regulations being amended.9 This Final Rule is procedural in nature and therefore falls under this exception; consequently, no environmental consideration is necessary. Regulatory Flexibility Act Certification 15. The Regulatory Flexibility Act of 1980 (RFA) 10 generally requires a description and analysis of final rules that will have significant economic impact on a substantial number of small entities. The Commission is not required to make such analyses if a rule would not have such an effect. The Commission certifies that this Final Rule will not have such an impact on small entities. Document Availability 16. 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 FERC’s home page (https://www.ferc.gov) and in FERC’s Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. 17. From FERC’s Home Page on the Internet, this information is available in the Commission’s document management system, 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. 18. User assistance is available for eLibrary and the FERC’s Web site during normal business hours. For assistance, please contact FERC Online Support at 1–866–208–3676 (toll free) or 202–502– 6652 (e-mail at FERCOnlineSupport@FERC.gov), or the Public Reference Room at 202–502– 8371, TTY 202–502–8659 (e-mail at public.referenceroom@ferc.gov). Effective Date 19. These regulations are effective April 26, 2005. 20. The provisions of 5 U.S.C. 801 regarding Congressional review of Final Rules does not apply to this Final Rule, because the rule concerns agency procedure and practice and will not substantially affect the rights of nonagency parties. 9 18 10 5 E:\FR\FM\26APR1.SGM CFR 380.4(a)(2)(ii). U.S.C. 601–612. 26APR1 21332 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations electronic service, in which case service upon that recipient or of that document 18 CFR Part 385 only shall be made by: Administrative practice and (i) United States mail, first class or procedure, Electric utilities, Penalties, better; or Pipelines, Reporting and recordkeeping (ii) Delivery in a manner that, and to requirements. a place where, the person on whom 18 CFR Part 390 service is required may reasonably be Administrative practice and expected to obtain actual and timely procedure, Electronic filing, Reporting receipt. and recordkeeping requirements. (3) Service of a document by By the Commission. electronic means shall be made by the Magalie R. Salas, transmission of a link to that document Secretary. in the Commission’s eLibrary system or by alternate means reasonably I In consideration of the foregoing, the calculated to make the document Commission grants rehearing and available to required recipients. clarification in part, denies the request for a stay, and amends Parts 385 and 390, Alternate means may include but are not limited to, attachment of an Chapter I, Title 18, Code of Federal Regulations, as follows. electronic copy of the document to an e-mail or transmission of a link to an PART 385—RULES OF PRACTICE AND Internet site containing the document. It PROCEDURE is the sender’s responsibility to take reasonable steps to ensure that the I 1. The authority citation for Part 385 means employed for service will be continues to read as follows: within the technological capabilities of Authority: 5 U.S.C. 551–557; 15 U.S.C. the recipients. 717–717z, 3301–3432; 16 U.S.C. 791a–825r, 2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, * * * * * List of Subjects 9701; 42 U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 (1988). 2. Amend § 385.2010 by removing the word ‘‘written’’ from paragraph (c)(2) and revising paragraph (f) to read as follows: I § 385.2010 Service (Rule 2010). * * * * * (f) Methods of service. (1) Except as provided in paragraph (g) of this section, service of any document in proceedings commenced prior to March 21, 2005, must be made by: (i) Electronic means where the sender and recipient agree to such means; (ii) United States mail, first class or better; or (iii) Delivery in a manner that, and to a place where, the person on whom service is required may reasonably be expected to obtain actual and timely receipt. (2) Except as provided in paragraph (g) of this section, service of any document in proceedings commenced on or after March 21, 2005, must be made by electronic means unless the sender and recipient agree otherwise or the recipient’s e-mail address is unavailable from the official service list, except in the case of a recipient who has secured a waiver under the provisions of § 390.3 of this chapter, or is exempt under the provisions of § 390.4 of this chapter, or in the case of a protected or confidential document the security of which might be jeopardized by VerDate jul<14>2003 14:19 Apr 25, 2005 Jkt 205001 PART 390—ELECTRONIC REGISTRATION 3. The authority citation for Part 390 continues to read as follows: I Authority: 5 U.S.C. 551–557; 15 U.S.C. 717–717z, 3301–3432; 16 U.S.C. 791a–825r, 2601–2645; 28 U.S.C. 2461; 31 U.S.C. 9701; 42 U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 (1988). 4. Amend § 390.3 I A. By revising paragraph (a); and I B. By removing the phrase ‘‘using the paper form prescribed under’’ and adding in its place, the phrase, ‘‘pursuant to’’. The revision reads as follows: I § 390.3 Waiver applications. (a) A person may satisfy the requirement of Sec. 390.1 by submitting a written statement showing good cause why the person is unable to register electronically, and including the name and address of the person serving as a contact. The statement must be mailed to the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, or hand delivered to Room 1A at the same address. * * * * * [FR Doc. 05–8247 Filed 4–25–05; 8:45 am] BILLING CODE 6717–01–P PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 48 and 602 [TD 9199] RIN 1545–BE44 Diesel Fuel and Kerosene Excise Tax; Dye Injection Internal Revenue Service (IRS), Treasury. ACTION: Final and temporary regulations. AGENCY: SUMMARY: This document contains regulations relating to the diesel fuel and kerosene excise tax. These regulations reflect changes made by the American Jobs Creation Act of 2004 regarding mechanical dye injection systems for diesel fuel and kerosene. These regulations affect certain enterers, refiners, terminal operators, and throughputters. The text of the temporary regulation also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject elsewhere in this issue of the Federal Register. DATES: Effective Date: These regulations are effective October 24, 2005. Applicability Dates: For dates of applicability, see §§ 48.4082–1T(e) and 48.4101–1T(h)(3)(iv). FOR FURTHER INFORMATION CONTACT: William Blodgett at (202) 622–3090 (not a toll-free number). SUPPLEMENTARY INFORMATION: Paperwork Reduction Act These temporary regulations are being issued without prior notice and public procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553). For this reason, the collection of information contained in these regulations has been reviewed and, pending receipt and evaluation of public comments, approved by the Office of Management and Budget under control number 1545–1418. Responses to this collection of information are required to obtain a tax benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. For further information concerning this collection of information, and where to submit comments on the collection of information and the accuracy of the estimated burden, and suggestions for reducing this burden, please refer to the preamble to the crossreferencing notice of proposed E:\FR\FM\26APR1.SGM 26APR1

Agencies

[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Rules and Regulations]
[Pages 21330-21332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8247]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 385 and 390

[Docket No. RM04-9-001]


Electronic Notification of Commission Issuances

Issued April 13, 2005.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule; order on rehearing of Order No. 653.

-----------------------------------------------------------------------

SUMMARY: This order on rehearing makes several minor revisions to the 
Final Rule that was adopted in Order No. 653. The Commission, in that 
order, amended its regulations to provide for electronic service of 
Commission issuances and to enhance the use of electronic service 
between parties to Commission proceedings. The revisions adopted here 
are necessary to clarify the rules governing service among parties.

DATES: Effective April 26, 2005.

FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, 
(202) 502-8953.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, 
Joseph T. Kelliher, and Suedeen G. Kelly.

Order No. 653-A--Order on Rehearing and Clarification

    1. The Commission issued Order No. 653 on February 10, 2005. In 
that order it adopted revisions to its regulations to, among other 
things, provide for electronic service of Commission issuances by the 
Secretary in proceedings beginning on or after March 21, 2005; modify 
its electronic registration (eRegistration) system to include e-mail 
addresses of the members of service lists; and increase the usage of 
electronic methods of service by service list members serving documents 
upon one another. Electronic Notification of Commission Issuances, 
Order No. 653, 70 FR 8720 (Feb. 23, 2005). The order required persons 
wishing to be included on the service list of proceedings that begin on 
or after March 21, 2005, to eRegister with their e-mail addresses, so 
as to facilitate electronic service of Commission issuances by the 
Secretary, as well as electronic service by participants upon each 
other.\1\ The order further amended the Commission's regulations to 
provide that, absent agreement otherwise, participants shall serve one 
another electronically in all proceedings, not just those beginning on 
or after March 21.\2\
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2010(h) (2004).
    \2\ 18 CFR 385.2010(f) (2004).
---------------------------------------------------------------------------

    2. The Commission has received one rehearing request, filed by 
Spiegel & McDiarmid (Spiegel). Spiegel requests rehearing or 
clarification on several, mainly technical points, and also requests 
that the Commission stay the effectiveness of the Final Rule.
    3. One point that Spiegel raises, and with which the Commission 
agrees, is that the requirement for electronic service, absent 
agreement among participants, in proceedings begun prior to March 21 
may create difficulties in some cases. Because the requirement that 
service list members eRegister with their e-mail addresses is effective 
only for proceedings beginning on or after that date, a participant in 
a proceeding begun before that date would be required to obtain an e-
mail address for each service list member. In the interest of clarity, 
the Commission is revising Rule 2010(f) \3\ to provide for electronic 
service where the sender and recipient agree.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    4. Spiegel also expresses concern that the revised rules would 
require electronic service between participants of protected materials. 
Spiegel correctly notes that Order No. 653 effectively substituted 
electronic for paper service with respect to protected information. In 
Spiegel's view, protection of electronic information is more difficult 
than protection of paper documents, with a higher degree of risk of 
inadvertent disclosure.
    5. In the interest of allowing participants the necessary 
flexibility to protect sensitive information, the Commission is 
revising Rule 2010(f) so that service of protected information in 
electronic form is not required. The revision provides that the serving 
participant may employ paper service where electronic service could 
jeopardize the security of sensitive information.

[[Page 21331]]

    6. Spiegel next points to the Commission's indication in Order No. 
653 that it will require standardized language in the subject line of 
service e-mails. The purpose of such a requirement would be to allow 
recipients to set their filters so as to avoid rejecting service e-
mails. Spiegel complains that this requirement was not added to the 
regulations.
    7. This was not an inadvertent omission. The Commission as a 
general matter does not place technical requirements in its electronic 
filing and service regulations. Such requirements, particularly in 
connection with information technology applications, change often. 
Revising the regulations for each such change would be cumbersome and 
impractical. It was the Commission's intention to place rules, such as 
standardized subject line language, on its Web site in a location where 
they would be readily visible to all users. Since Order No. 653 was 
issued, the Commission's staff has had extensive contact with customers 
regarding, among other things, internal forwarding rules, which 
companies and law firms often use to route important e-mails to the 
right person. Forwarding rules, in turn, have implications for 
standardized subject line language. The Commission is endeavoring now 
to find solutions that will work for its customers. Once it has done 
so, instructions will be posted at FERC Online. Placing such 
requirements in the regulations would seriously hamper the Commission's 
efforts to identify viable business practices. Spiegel's request on 
this subject therefore must be rejected.
    8. Spiegel points out that the disclaimer on the Commission's Web 
site \4\ states that the paper version of a filed document is the 
official version. For many electronically filed documents, of course, 
there is no paper version. This matter is beyond the scope of Order No. 
653. The Commission will, however, be revising the disclaimer.
---------------------------------------------------------------------------

    \4\ https://ferc.gov/disclaimers.asp.
---------------------------------------------------------------------------

    9. Spiegel next states that, although the Commission's regulations 
governing waivers of the requirement to eRegister refer to a paper 
registration form to be filed with the Secretary with a request for a 
waiver, there is no form available from the Secretary. The Commission 
is revising its regulations \5\ to remove the reference to a form. A 
person seeking a waiver need simply file a request stating its reasons, 
together with the name and address of a contact.
---------------------------------------------------------------------------

    \5\ 18 CFR 390.3(a) (2004).
---------------------------------------------------------------------------

    10. Finally, Spiegel requests clarification on modifying service 
list contacts. Spiegel's questions are not entirely clear, but it seems 
to be asking whether it can use a general service e-mail, as opposed to 
an individual's e-mail, as a service list contact. It also appears to 
be asking how to modify existing service list contact information.
    11. These are technical questions better addressed through the use 
of the phone number or e-mail address for support, available at https://
www.ferc.gov/docs-filing/docs-filing.asp. The Commission does note, 
however, that a participant may employ a general e-mail address for 
document service when it adds contacts to the service list. General e-
mail addresses, however, should only be listed as ``other contacts.'' 
The ``primary contact'' should be an individual person. With respect to 
the second question, modifications to service list contacts must be 
made by the filing of a notice with the Commission, as such changes 
must be made manually by the Secretary. The other participants must 
also be notified of changes to service list contact information. The 
Commission will, however, delete the word ``written'' from Rule 
2010(c)(2),\6\ as there is no reason a request to change service list 
contact information cannot be filed electronically.
---------------------------------------------------------------------------

    \6\ 18 CFR 385.2010(c)(2) (2004).
---------------------------------------------------------------------------

    12. Given these revisions, the Commission sees no purpose in a stay 
of Order No. 653. This request is therefore denied.

Information Collection Statement

    13. Office of Management and Budget (OMB) regulations require OMB 
to approve certain information collection requirements imposed by 
agency rule.\7\ This Final Rule does not contain any information 
collection requirements and compliance with the OMB regulations is thus 
not required.
---------------------------------------------------------------------------

    \7\ 5 CFR 1320.12 (2004).
---------------------------------------------------------------------------

Environmental Analysis

    14. 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.\8\ The 
Commission has categorically excluded certain actions from this 
requirement as not having a significant effect on the human 
environment. Included in the exclusion are rules that are clarifying, 
corrective, or procedural or that do not substantially change the 
effect of the regulations being amended.\9\ This Final Rule is 
procedural in nature and therefore falls under this exception; 
consequently, no environmental consideration is necessary.
---------------------------------------------------------------------------

    \8\ Order No. 486, Regulations Implementing the National 
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs. Preambles 1986-1990 ] 30,783 (1987).
    \9\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

Regulatory Flexibility Act Certification

    15. The Regulatory Flexibility Act of 1980 (RFA) \10\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
The Commission is not required to make such analyses if a rule would 
not have such an effect. The Commission certifies that this Final Rule 
will not have such an impact on small entities.
---------------------------------------------------------------------------

    \10\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

Document Availability

    16. 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 FERC's home page (https://www.ferc.gov) and in FERC's 
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. 
eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    17. From FERC's Home Page on the Internet, this information is 
available in the Commission's document management system, 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.
    18. User assistance is available for eLibrary and the FERC's Web 
site during normal business hours. For assistance, please contact FERC 
Online Support at 1-866-208-3676 (toll free) or 202-502-6652 (e-mail at 
FERCOnlineSupport@FERC.gov), or the Public Reference Room at 202-502-
8371, TTY 202-502-8659 (e-mail at public.referenceroom@ferc.gov).

Effective Date

    19. These regulations are effective April 26, 2005.
    20. The provisions of 5 U.S.C. 801 regarding Congressional review 
of Final Rules does not apply to this Final Rule, because the rule 
concerns agency procedure and practice and will not substantially 
affect the rights of non-agency parties.

[[Page 21332]]

List of Subjects

18 CFR Part 385

    Administrative practice and procedure, Electric utilities, 
Penalties, Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 390

    Administrative practice and procedure, Electronic filing, Reporting 
and recordkeeping requirements.

    By the Commission.
Magalie R. Salas,
Secretary.

0
In consideration of the foregoing, the Commission grants rehearing and 
clarification in part, denies the request for a stay, and amends Parts 
385 and 390, Chapter I, Title 18, Code of Federal Regulations, as 
follows.

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. 791a-825r, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 
42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988).


0
2. Amend Sec.  385.2010 by removing the word ``written'' from paragraph 
(c)(2) and revising paragraph (f) to read as follows:


Sec.  385.2010  Service (Rule 2010).

* * * * *
    (f) Methods of service. (1) Except as provided in paragraph (g) of 
this section, service of any document in proceedings commenced prior to 
March 21, 2005, must be made by:
    (i) Electronic means where the sender and recipient agree to such 
means;
    (ii) United States mail, first class or better; or
    (iii) Delivery in a manner that, and to a place where, the person 
on whom service is required may reasonably be expected to obtain actual 
and timely receipt.
    (2) Except as provided in paragraph (g) of this section, service of 
any document in proceedings commenced on or after March 21, 2005, must 
be made by electronic means unless the sender and recipient agree 
otherwise or the recipient's e-mail address is unavailable from the 
official service list, except in the case of a recipient who has 
secured a waiver under the provisions of Sec.  390.3 of this chapter, 
or is exempt under the provisions of Sec.  390.4 of this chapter, or in 
the case of a protected or confidential document the security of which 
might be jeopardized by electronic service, in which case service upon 
that recipient or of that document only shall be made by:
    (i) United States mail, first class or better; or
    (ii) Delivery in a manner that, and to a place where, the person on 
whom service is required may reasonably be expected to obtain actual 
and timely receipt.
    (3) Service of a document by electronic means shall be made by the 
transmission of a link to that document in the Commission's eLibrary 
system or by alternate means reasonably calculated to make the document 
available to required recipients. Alternate means may include but are 
not limited to, attachment of an electronic copy of the document to an 
e-mail or transmission of a link to an Internet site containing the 
document. It is the sender's responsibility to take reasonable steps to 
ensure that the means employed for service will be within the 
technological capabilities of the recipients.
* * * * *

PART 390--ELECTRONIC REGISTRATION

0
3. The authority citation for Part 390 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C. 791a-825r, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988).
0
4. Amend Sec.  390.3
0
A. By revising paragraph (a); and
0
B. By removing the phrase ``using the paper form prescribed under'' and 
adding in its place, the phrase, ``pursuant to''.
    The revision reads as follows:


Sec.  390.3  Waiver applications.

    (a) A person may satisfy the requirement of Sec. 390.1 by 
submitting a written statement showing good cause why the person is 
unable to register electronically, and including the name and address 
of the person serving as a contact. The statement must be mailed to the 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, or hand delivered to Room 1A at the same address.
* * * * *
[FR Doc. 05-8247 Filed 4-25-05; 8:45 am]
BILLING CODE 6717-01-P

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