Delegations of Authority, 5171-5174 [E7-1737]
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Federal Register / Vol. 72, No. 23 / Monday, February 5, 2007 / Rules and Regulations
requirement may apply only to sales,
only to purchases, or to both sales and
purchases. Quarterly reports for a year
may be required retroactively when it is
determined that the exemption level has
been exceeded.
(2) Voluntary reporting. Reports are
requested from each U.S. person that
had sales of covered services or
intangible assets to foreign persons that
were $6 million or less for the previous
fiscal year and are expected to be less
than or equal to that amount during the
current fiscal year, or had purchases of
covered services or intangible assets
from foreign persons that were $4
million or less for the previous fiscal
year and are expected to be less than or
equal to that amount during the current
fiscal year. Provision of this information
is voluntary. The estimates may be
based on recall, without conducting a
detailed records search. Because these
thresholds apply separately to sales and
purchases, voluntary reporting may
apply only to sales, only to purchases,
or to both.
(B) Any person receiving a BE–125
survey form from BEA must complete
all relevant parts of the form and return
the form to BEA. A person that is not
subject to the mandatory reporting
requirement in paragraph (c)(6)(i)(A)(1)
of this section and is not filing
information on a voluntary basis must
complete Parts 1 and 2 of the survey.
This requirement is necessary to ensure
compliance with the reporting
requirements and efficient
administration of the survey by
eliminating unnecessary follow-up
contact.
(C) Covered services and intangible
assets. The BE–125 survey is intended
to collect information on U.S.
international trade in all types of
services and intangible assets for which
information is not collected in other
BEA surveys and is not available to BEA
from other sources. The major types of
services transactions not covered by the
BE–125 survey are travel,
transportation, insurance (except for
purchases of primary insurance),
financial services (except for purchases
by non-financial firms), and
expenditures by students and medical
patients who are studying or seeking
treatment in a country different from
their country of residence. Covered
services are: Advertising services;
accounting, auditing, and bookkeeping
services; auxiliary insurance services;
computer and data processing services;
construction services; data base and
other information services; educational
and training services; engineering,
architectural, and surveying services;
financial services (purchases only, by
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companies or parts of companies that
are not financial services providers);
industrial engineering services;
industrial-type maintenance,
installation, alteration, and training
services; legal services; management,
consulting, and public relations services
(including allocated expenses);
merchanting services (sales only);
mining services; operational leasing
services; other trade-related services;
performing arts, sports, and other live
performances, presentations, and
events; premiums paid on purchases of
primary insurance; losses recovered on
purchases of primary insurance;
research, development, and testing
services; telecommunications services;
and other selected services. ‘‘Other
selected services’’ includes, but is not
limited to: Agricultural services;
account collection services;
disbursements to fund news-gathering
costs of broadcasters; disbursements to
fund news-gathering costs of print
media; disbursements to fund
production costs of motion pictures;
disbursements to fund production costs
of broadcast program material other
than news; disbursements to maintain
government tourism and business
promotion offices; disbursements for
sales promotion and representation;
disbursements to participate in foreign
trade shows (purchases only);
employment agencies and temporary
help supply services; language
translation services; mailing,
reproduction, and commercial art;
management of health care facilities;
salvage services; satellite photography
and remote sensing/satellite imagery
services; security services; space
transport (includes satellite launches,
transport of goods and people for
scientific experiments, and space
passenger transport); transcription
services; and waste treatment and
depollution services. The intangible
assets covered by the BE–125 survey are
rights related to: Industrial processes
and products; books, compact discs,
audio tapes and other copyrighted
material and intellectual property;
trademarks, brand names, and
signatures; performances and events
pre-recorded on motion picture film and
television tape, including digital
recording; broadcast and recording of
live performances and events; general
use computer software; business format
franchising fees; and other intangible
assets, including indefeasible rights of
users.
(ii) [Reserved]
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[FR Doc. E7–1786 Filed 2–2–07; 8:45 am]
BILLING CODE 3510–07–P
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5171
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 35, 366, and 375
[Docket No. RM06–20–000; Order No. 691]
Delegations of Authority
Issued January 29, 2007.
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
amending its regulations governing
delegations of authority to the Directors
of the Office of Enforcement and the
Office of Energy Markets and Reliability,
as well as to the Commission’s Chief
Accountant. These amendments will
eliminate regulatory uncertainty and
provide clarity regarding the authority
delegated to the Office of Enforcement
and the Chief Accountant.
EFFECTIVE DATE: This Final Rule is
effective January 29, 2007.
FOR FURTHER INFORMATION CONTACT:
Connie Caldwell, Office of Enforcement,
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426, (202) 502–6489,
connie.caldwell@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher,
Chairman; Suedeen G. Kelly, Marc Spitzer,
Philip D. Moeller, and Jon Wellinghoff.
1. The Federal Energy Regulatory
Commission (Commission) is amending
18 CFR Parts 35, 366, and 375 to revise
its regulations governing delegations of
authority to the Directors of the Office
of Enforcement (OE) 1 and the Office of
Energy Markets and Reliability (OEMR),
as well as to the Commission’s Chief
Accountant.2 These amendments will
eliminate regulatory uncertainty and
provide clarity regarding the authority
delegated to the Office of Enforcement
and the Chief Accountant.
I. Background
2. The Commission has broad
statutory authority to perform acts and
1 The changes to the regulations in Part 375 relate
only to the Office of Enforcement and the Chief
Accountant. While this rule makes certain changes
to the Part 375 delegations to the Director of the
Office of Markets, Tariffs, and Rates (now the Office
of Energy Markets and Reliability), those changes
are made merely to conform the regulations to
current office structures and the responsibilities of
the Office of Enforcement. The Commission
anticipates issuing a rule in the future that will
address other changes to Part 375.
2 The Commission’s Chief Accountant reports to
the Director of Enforcement, but is delegated certain
authority directly by the Commission.
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make rules that are necessary or
appropriate to carry out its statutory
functions.3 This includes the delegation
of its statutory authority to staff
members on routine matters, ‘‘which in
many cases represent nothing more than
a ministerial judgment by the office
director concerning procedural
matters,’’ to allow the Commission to
focus on more complex and
controversial tasks.4 The Commission
has delegated certain of its authority in
a series of orders beginning in 1978.5
3. When the Office of Market
Oversight and Investigations (OMOI),
the predecessor to OE, was created in
2003, the Commission issued Order No.
632,6 which promulgated OMOI’s
original delegations of authority. In
Order No. 632, the Commission stated
that certain delegations to the General
Counsel and to the Director of the Office
of Markets, Tariffs, and Rates (OMTR,
now known as the Office of Energy
Markets and Reliability or OEMR), were
being duplicated in OMOI’s delegations.
3 See Regulations Delegating Authority, Order No.
492, 53 FR 16058 (May 5, 1988), FERC Stats. & Regs.
Regulations Preambles 1986–1990 ¶ 30,814 at
31,117 & n. 2 (1988), citing 16 U.S.C. 825h (Federal
Power Act), 15 U.S.C. 717o (Natural Gas Act), and
15 U.S.C. 3411 (Natural Gas Policy Act of 1978).
4 See J.R. Ferguson and Associates, 20 FERC
¶ 61,132 at p. 61,291 (1982) (footnote omitted).
5 Existing delegations of authority were
promulgated in a series of rulemakings initiated in
1978. See Delegations to Various Office Directors of
Certain Commission Authority, 43 FR 36433 (Aug.
17, 1978), FERC Stats. & Regs. Regulations
Preambles 1977–1981 ¶ 30,016 (1978); Chief
Accountant, et al., Delegation of Authority; Final
Regulation, Order No. 38, 44 FR 45449 (Aug. 8,
1979), FERC Stats. & Regs. Regulations Preambles
1977–1981 ¶ 30,068 (1979), reh’g denied , 8 FERC
¶ 61,299 (1979); Delegation of the Commission’s
Authority to the Directors of Office of Electric
Power Regulation, Office of the Chief Accountant,
and Office of Pipeline and Producer Regulation,
Order No. 147, 46 FR 29700 (June 3, 1981), FERC
Stats. & Regs. Regulations Preambles 1977–1981
¶ 30,259 (1981); Delegation of Authority, Order No.
224, 47 FR 17806 (Apr. 26, 1982), FERC Stats. &
Regs. Regulations Preambles 1982–1985 ¶ 30,356
(1982); Regulations Delegating Authority, Order No.
492, 53 FR 16058 (May 5, 1988), FERC Stats. & Regs.
Regulations Preambles 1986–1990 ¶ 30,814 (1988);
Streamlining Commission Procedures for Review of
Staff Action, Order No. 530, 55 FR 50677 (May 5,
1988), FERC Stats. & Regs. Regulations Preambles
1986–1990 ¶ 30,906 (1990), reh’g denied, Order No.
530–A, 56 FR 4719 (Feb. 6, 1991), FERC Stats. &
Regs. Regulations Preambles 1991–1996 ¶ 30,914
(1991); Delegation of Authority to the Secretary, the
Director of the Office of Electric Power Regulation,
and the General Counsel, Order No. 585, 60 FR
62326 (Dec. 6, 1995), FERC Stats. & Regs.
Regulations Preambles January 1991–June 1996
¶ 31,030 (1995); Delegation of Authority, Order No.
613, 64 FR 73403 (Dec. 30, 1991), FERC Stats. &
Regs. Regulations Preambles July 1996–December
2000 ¶ 31,087 (1999); Delegation of Authority,
Order No. 632, 68 FR 25814 (May 14, 2003), FERC
Stats. & Regs. Regulations Preambles 2001–2005
¶ 31,087 (2003).
6 Delegations of Authority, Order No. 632, 68 FR
25814 (May 14, 2003), FERC Stats. & Regs.
Regulations Preambles 2001–2005 ¶ 31,087 (2003).
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4. The following year, in Order No.
650,7 the Commission revised the
delegations promulgated in Order No.
632 to reflect the move of the Division
of Regulatory Audits (renamed the
Division of Financial Audits) from the
Office of the Executive Director (OED) to
OMOI. In Order No. 650, the relevant
delegation provisions were added to the
OMOI delegations and deleted from the
OED delegations. In 2005, pursuant to
another reorganization, the Regulatory
Accounting policy function, as well as
the Chief Accountant, were moved from
OMTR to OMOI.
5. On April 17, 2006, the
reorganization and renaming of OMOI
as OE became effective. OE includes an
administrative branch and four
divisions—Investigations, Audits,
Financial Regulation (for which the
Chief Accountant also serves as the
Division Director), and Energy Market
Oversight.
II. Discussion
6. Part 375, Subpart C, of the
Commission’s rules and regulations sets
out delegations of authority to the
various office directors, such as the
Directors of OMOI (now called OE) 8
and OMTR (now called OEMR),9 as well
as to statutory officers such as the Chief
Accountant.10 The regulations in Part
375 which are amended by this rule are
found in §§ 375.303, 375.307, and
375.314, and are discussed below.
7. Section 375.314 11 includes the
delegations of authority to the Director
of OMOI (now OE). Amendments to this
section are made to replace the former
office title of Office of Market Oversight
and Investigations with the title Office
of Enforcement and occur in the title to
§ 375.314, and in the text of
§ 375.314(b), (c), and (d).12
8. Sections 375.314(i), (j), and (k) 13 of
the current delegations to the Director of
OMOI (now OE) concern auditing
matters and essentially duplicate
delegations formerly made to the
Director of OMTR (now OEMR) at a time
when auditing matters were handled in
OMTR. These matters fall solely within
the purview of the Director of OE.
Accordingly, this rule removes
§ 375.307(a), (c), and (d) 14 from the
7 Delegations of Authority, 69 FR 64659 (Nov. 8,
2004), FERC Stats. & Regs. Regulations Preambles
2001–2005 ¶ 31,169 (2004). The original
designation as Order No. 651 was corrected to
Order No. 650 by an errata notice issued on
November 12, 2004.
8 18 CFR 375.314.
9 18 CFR 375.307.
10 18 CFR 375.303.
11 18 CFR 375.314.
12 18 CFR 375.314(b), (c), and (d), respectively.
13 18 CFR 375.314(i), (j), and (k), respectively.
14 18 CFR 375.307(a), (c), and (d), respectively.
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delegations to the Director of OMTR
(now OEMR).
9. The remaining amendments to the
regulations, as discussed below, reflect
changes in the responsibilities of the
Chief Accountant which occurred when
the Regulatory Accounting policy
function was moved to OMOI (now OE),
discussed above, as well as through
delegations made by the Commission in
Order Nos. 667 15 and 679.16 When the
Regulatory Accounting policy function
was moved to OMOI (now OE),
responsibility for administering Annual
Reports (FERC Form Nos. 1, 1–F, 2, 2–
A, and 6) 17 and Electric Quarterly
Reports (EQRs) 18 were transferred to the
Chief Accountant. These, as well as all
other forms, data collections, and
reports administered by the Chief
Accountant, assist the Commission in
its review and approval of cost-based
rates. The data contained in these forms,
data collections, and reports serve other
purposes as well.
10. In Order No. 679, among other
things, the Commission created FERC–
730 (report of transmission investment
activity) 19 and delegated to the Chief
Accountant the authority to act on
motions for extensions of time to file the
newly-created FERC–730, or motions to
waive the requirements applicable to
those filings. However, that recent
delegation is not reflected in the Chief
Accountant’s delegations in 18 CFR
375.303. Instead, the delegatory
language was codified as part of
§ 35.35(h), which comprises the
regulations describing the report and the
filing requirements for that report. In
order to centralize all delegations to the
Chief Accountant, this rule amends the
regulations to add this delegation to 18
CFR 375.303, and revises § 35.35(h)(3)
to remove the delegatory language
therein.
11. In Order Nos. 667, among other
things, the Commission created FERC
Form No. 60 (Annual Report of
Centralized Service Companies).20 In
Order No. 667–A, the Commission
15 Repeal of the Public Utility Holding Company
Act of 1935 and Enactment of the Public Utility
Holding Company Act of 2005, Order No. 667, 70
FR 75592 (Dec. 20, 2005), FERC Stats. & Regs. ¶
31,197 (2005), order on reh’g, Order No. 667–A, 71
FR 28446 (May 16, 2006), FERC Stats. & Regs. ¶
31,213 (2006), order on reh’g, Order No. 667–B, 71
FR 42750 (July, 28, 2006), FERC Stats. & Regs. ¶
31,224 (2006), reh’g pending.
16 Promoting Transmission Investment through
Pricing Reform, Order No. 679, 71 FR 43294 (Jul.
31, 2006), 116 FERC ¶ 61,057 (2006); order on reh’g,
Order No. 679–A, 117 FERC ¶ 61,345 (2006).
17 See 18 CFR 141.1, 141.2, 260.1, 260.2, and
357.2, respectively.
18 See 18 CFR 35.10b.
19 Codified at 18 CFR 35.35(h).
20 20 Order No. 667 at P 82–85; codified at 18
CFR 366.23.
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created FERC–61 (narrative description
of service company functions).21 In
Order No. 667–A, the Commission
delegated to the Chief Accountant the
authority to act on motions for
extensions of time to file and requests
for waiver of the requirements of FERC
Form No. 60 and FERC–61.22 In Order
No. 684, §§ 375.303(f) and (g) were
amended to include those delegations
also.23 In order to centralize all
delegations to the Chief Accountant,
this rule amends 18 CFR 375.303, and
revises § 366.23(a)(3) to remove the
delegatory language therein.
12. To summarize, currently, the
Chief Accountant is authorized to: (1)
Act on motions for extension of time to
file Form No. 60, FERC–61, and FERC–
730; (2) act on requests for waiver of the
requirements of Form Nos. 3–Q and 6–
Q,24 Form No. 60, FERC–61, and FERC–
730; and (3) issue deficiency letters
regarding Form Nos. 3–Q and 6–Q. The
rule amends the regulations to
uniformly authorize the Chief
Accountant to: (1) Act on motions for
extensions of time to file, (2) act on
requests for waiver of the requirements
of, and (3) issue deficiency letters
regarding, each of the above-discussed
forms, data collections, and reports
(Form Nos. 1, 1–F, 2, 2–A, 6, 3–Q, 6–
Q, 60; FERC–61, FERC–730; and EQRs),
so that the delegated authority
applicable to these forms, data
collections, and reports is consistent. To
effectuate this delegation, the rule
amends § 375.303 by replacing existing
paragraphs (f) and (g) to provide that the
Chief Accountant may deny or grant, in
whole or in part, motions for extension
of time to file, or requests for waiver of
the requirements of Annual Reports
(Form Nos. 1, 1–F, 2, 2–A, and 6);
Quarterly Reports (Form Nos. 3–Q and
6–Q); Annual Report of Centralized
Service Companies (Form No. 60);
Narrative Description of Service
Company Functions (FERC–61); Report
of Transmission Investment Activity
(FERC–730); and EQRs, as well as,
where required, the electronic filing of
such information, and provide
notification if one of those forms, data
collections, or reports is submitted and
fails to comply with applicable statutory
requirements, and with all applicable
21 Order No. 667–A at P 49; codified at 18 CFR
366.23.
22 Order No. 667–A; codified at 18 CFR
366.23(a)(3).
23 Financial Accounting, Reporting and Records
Retention Requirements Under the Public Utility
Holding Company Act of 2005, 71 FR 65200 (Nov.
7, 2006), FERC Stats. & Regs. ¶ 31,229 (2006) at P
222–223.
24 18 CFR 141.400 (electric), 260.300 (natural gas),
and 357.4 (oil), respectively.
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Commission rules, regulations or notify
a party that a submission is acceptable.
13. Further, to centralize the authority
delegated to the Chief Accountant and
to avoid confusion as to the
responsibility for the forms, data
collections, and reports discussed
herein, the delegations of authority to
the Director of OMTR (now OEMR) are
revised by removing the parenthetical
phrase in 18 CFR 375.307(h)(3) which
references Form Nos. 1, 1–F, 2, 2–A, and
6, and by removing in its entirety 18
CFR 375.307(i)(8), which also references
Form No. 1.
III. Information Collection Statement
14. Review by the Office of
Management and Budget,25 pursuant to
section 3507(d) of the Paperwork
Reduction Act of 1995,26 is not required
since this final rule does not contain
new or modified information collection
or recordkeeping requirements.
IV. Environmental Analysis
15. 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.27 Part 380 of the
Commission’s regulations exempts
certain actions from the requirement
that an Environmental Analysis or
Environmental Impact Statement be
prepared. Included is an exemption for
procedural, ministerial, or internal
administrative actions.28 As this Final
Rule falls within that exemption,
issuance of the Rule does not represent
a major federal action having a
significant adverse effect on the human
environment under the Commission’s
regulations implementing the National
Environmental Policy Act, and, thus,
does not require an Environmental
Analysis or Environmental Impact
Statement.29
V. Regulatory Flexibility Certification
16. The Regulatory Flexibility Act of
1980 (RFA) 30 generally requires a
description and analysis of Final Rules
that will have significant economic
impact on a substantial number of small
entities. Rules that are exempt from the
notice and comment requirements of
section 553(b) of the Administrative
25 5
CFR 1320.11.
U.S.C. 3507(d).
27 Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17,
1987), FERC Stats. & Regs. Regulations Preambles
1986–1990 ¶ 30,783 (1987), codified at 18 CFR Part
380.
28 18 CFR 380.4(1) and (5).
29 Id.
30 5 U.S.C. 601–12.
26 44
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5173
Procedure Act are exempt from the RFA
requirements. This Final Rule concerns
matters of internal agency procedure
and, therefore, an analysis under the
RFA is not required.
VI. Document Availability
17. 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.
18. From FERC’s Home Page on the
Internet, this information is available in
eLibrary. The full text of this document
is available in 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.
19. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours from our Help
line at (202) 502–8222 or the Public
Reference Room at (202) 502–8371 Press
0, TTY (202) 502–8659. E-Mail the
Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional
Notification
20. These regulations are effective on
issuance. While the Administrative
Procedure Act generally mandates that
an opportunity for comment be
provided when an agency promulgates
regulations, notice and comment are not
required where a rule, as here, relates to
agency personnel or agency
organization, procedure, or practice.31
Since these regulations only concern
internal agency procedure and will not
affect regulated entities or the general
public, notice and comment are not
required.
21. The Small Business Regulatory
Enforcement Fairness Act of 1996 32
requires agencies to report to Congress
on the promulgation of certain Final
Rules prior to their effective dates. Rules
of agency procedure and practice are
excluded from this notification
requirement.33 Therefore, this Final
Rule will not be submitted to Congress.
31 See
5 U.S.C. 553(b)(A) and (B).
U.S.C. 801.
33 5 U.S.C. 804(3)(C).
32 5
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List of Subjects
PART 375—THE COMMISSION
18 CFR 35
Electric power rates, Electric utilities,
Reporting and recordkeeping
requirements.
18 CFR 366
Electric power, Natural gas, Reporting
and recordkeeping requirements.
18 CFR 375
Authority delegations (Government
Agencies), Seals and insignia, Sunshine
Act.
5. The authority citation for part 375
continues to read as follows:
I
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717w, 3301–3432; 16 U.S.C. 791–825r,
2601–2645; 42 U.S.C. 7101–7352.
6. Amend § 375.303 by revising
paragraphs (f) and (g) to read as follows:
I
§ 375.303 Delegations to the Chief
Accountant.
3. The authority citation for part 366
continues to read as follows:
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(f) Deny or grant, in whole or in part,
motions for extension of time to file, or
requests for waiver of the requirements
of the following forms, data collections,
and reports: Annual Reports (Form Nos.
1, 1–F, 2, 2–A, and 6); Quarterly Reports
(Form Nos. 3–Q and 6–Q); Annual
Report of Centralized Service
Companies (Form No. 60); Narrative
Description of Service Company
Functions (FERC–61); Report of
Transmission Investment Activity
(FERC–730); and Electric Quarterly
Reports, as well as, where required, the
electronic filing of such information
(§ 385.2011 of this chapter, Procedures
for filing on electronic media,
paragraphs (a)(6), (c), and (e)).
(g) Provide notification if a submitted
Annual Report (Form Nos. 1, 1–F, 2, 2–
A, and 6), Quarterly Report (Form Nos.
3–Q and 6–Q), Annual Report of
Centralized Service Companies (Form
No. 60), Narrative Description of Service
Company Functions (FERC–61), Report
of Transmission Investment Activity
(FERC–730), or Electric Quarterly
Report fails to comply with applicable
statutory requirements, and with all
applicable Commission rules,
regulations, and orders for which a
waiver has not been granted, or, when
appropriate, notify a party that a
submission is acceptable.
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Authority: Pub. L. No. 109–58, 1261 et
seq., 119 Stat. 594, 972 et seq.
I
By the Commission.
Magalie R. Salas,
Secretary.
In consideration of the foregoing, the
Commission amends parts 35, 366, and
375, Chapter I, Title 18, Code of Federal
Regulations, as follows:
I
PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
1. The authority citation for part 35
continues to read as follows:
I
Authority: 16 U.S.C. 791–825r, 2601–2645;
31 U.S.C. 9701; 42 U.S.C. 7101–7352.
2. Amend § 35.35 by revising
paragraph (h)(3) to read as follows:
I
§ 35.35 Transmission infrastructure
investment.
*
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*
(h) * * *
(3) For good cause shown, the
Commission may extend the time
within which any FERC–730 filing is to
be filed or waive the requirements
applicable to any such filing.
*
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PART 366—PUBLIC UTILITY HOLDING
COMPANY ACT OF 2005
I
4. Amend § 366.23 by revising
paragraph (a)(3), to read as follows:
mstockstill on PROD1PC66 with RULES
§ 366.23 FERC Form No. 60, annual report
of service companies, and FERC–61,
narrative description of service company
functions.
(a) * * *
(3) For good cause shown, the
Commission may extend the time
within which any such report or
narrative description required to be filed
pursuant to paragraphs (a)(1) or (2) of
this section is to be filed or waive the
requirements applicable to any such
report or narrative description.
*
*
*
*
*
14:24 Feb 02, 2007
Jkt 211001
7. Amend § 375.307 as follows:
A. Remove paragraphs (a), (c), (d), and
(i)(8) and redesignate paragraphs (b) and
(e) through (p) as paragraphs (a) through
(m).
I B. Revise redesignated paragraph
(h)(3) to read as follows:
I
I
VerDate Aug<31>2005
*
§ 375.307 Delegations to the Director of
the Office of Markets, Tariffs and Rates.
*
*
*
*
*
(h) * * *
(3) Accept for filing, data and reports
required by Commission orders, or
presiding officers’ initial decisions upon
which the Commission has taken no
further action, if such filings are in
compliance with such orders or
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
decisions and, when appropriate, notify
the filing party of such acceptance.
*
*
*
*
*
§ 375.314
[Amended]
8. In § 375.314, remove the words
‘‘Office of Market Oversight and
Investigation’’ and add, in their place,
the words ‘‘Office of Enforcement’’ in
the following sections:
A. Section 375.314 section heading;
B. Section 375.314(b);
C. Section 375.314(c); and
D. Section 375.314(d).
I
[FR Doc. E7–1737 Filed 2–2–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
[TD 9311]
RIN 1545–BG10
Certain Transfers of Stock or
Securities by U.S. Persons to Foreign
Corporations
Internal Revenue Service (IRS),
Treasury.
ACTION: Final and temporary
regulations.
AGENCY:
SUMMARY: This document contains final
and temporary regulations under section
367(a) of the Internal Revenue Code
(Code) regarding gain recognition
agreements. The final regulations are
necessary to update cross-references in
the current regulations. The temporary
regulations are necessary to respond to
comments requested in Notice 2005–74.
The regulations primarily affect U.S.
persons that transfer stock or securities
to foreign corporations or corporations
engaged in transactions that affect
existing gain recognition agreements.
The text of these temporary regulations
also serves as the text of the proposed
regulations (REG–147144–06) set forth
in the notice of proposed rulemaking on
this subject published elsewhere in this
issue of the Federal Register.
DATES: Effective Date: These regulations
are effective February 5, 2007.
Applicability Dates: For dates of
applicability, see §§ 1.367(a)–3T(f) and
1.367(a)–8T(h).
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–147144–06), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be handdelivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
E:\FR\FM\05FER1.SGM
05FER1
]]>Agencies
[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Rules and Regulations]
[Pages 5171-5174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1737]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 35, 366, and 375
[Docket No. RM06-20-000; Order No. 691]
Delegations of Authority
Issued January 29, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending its regulations governing delegations of authority to the
Directors of the Office of Enforcement and the Office of Energy Markets
and Reliability, as well as to the Commission's Chief Accountant. These
amendments will eliminate regulatory uncertainty and provide clarity
regarding the authority delegated to the Office of Enforcement and the
Chief Accountant.
EFFECTIVE DATE: This Final Rule is effective January 29, 2007.
FOR FURTHER INFORMATION CONTACT: Connie Caldwell, Office of
Enforcement, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426, (202) 502-6489, connie.caldwell@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G.
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.
1. The Federal Energy Regulatory Commission (Commission) is
amending 18 CFR Parts 35, 366, and 375 to revise its regulations
governing delegations of authority to the Directors of the Office of
Enforcement (OE) \1\ and the Office of Energy Markets and Reliability
(OEMR), as well as to the Commission's Chief Accountant.\2\ These
amendments will eliminate regulatory uncertainty and provide clarity
regarding the authority delegated to the Office of Enforcement and the
Chief Accountant.
---------------------------------------------------------------------------
\1\ The changes to the regulations in Part 375 relate only to
the Office of Enforcement and the Chief Accountant. While this rule
makes certain changes to the Part 375 delegations to the Director of
the Office of Markets, Tariffs, and Rates (now the Office of Energy
Markets and Reliability), those changes are made merely to conform
the regulations to current office structures and the
responsibilities of the Office of Enforcement. The Commission
anticipates issuing a rule in the future that will address other
changes to Part 375.
\2\ The Commission's Chief Accountant reports to the Director of
Enforcement, but is delegated certain authority directly by the
Commission.
---------------------------------------------------------------------------
I. Background
2. The Commission has broad statutory authority to perform acts and
[[Page 5172]]
make rules that are necessary or appropriate to carry out its statutory
functions.\3\ This includes the delegation of its statutory authority
to staff members on routine matters, ``which in many cases represent
nothing more than a ministerial judgment by the office director
concerning procedural matters,'' to allow the Commission to focus on
more complex and controversial tasks.\4\ The Commission has delegated
certain of its authority in a series of orders beginning in 1978.\5\
---------------------------------------------------------------------------
\3\ See Regulations Delegating Authority, Order No. 492, 53 FR
16058 (May 5, 1988), FERC Stats. & Regs. Regulations Preambles 1986-
1990 ] 30,814 at 31,117 & n. 2 (1988), citing 16 U.S.C. 825h
(Federal Power Act), 15 U.S.C. 717o (Natural Gas Act), and 15 U.S.C.
3411 (Natural Gas Policy Act of 1978).
\4\ See J.R. Ferguson and Associates, 20 FERC ] 61,132 at p.
61,291 (1982) (footnote omitted).
\5\ Existing delegations of authority were promulgated in a
series of rulemakings initiated in 1978. See Delegations to Various
Office Directors of Certain Commission Authority, 43 FR 36433 (Aug.
17, 1978), FERC Stats. & Regs. Regulations Preambles 1977-1981 ]
30,016 (1978); Chief Accountant, et al., Delegation of Authority;
Final Regulation, Order No. 38, 44 FR 45449 (Aug. 8, 1979), FERC
Stats. & Regs. Regulations Preambles 1977-1981 ] 30,068 (1979),
reh'g denied , 8 FERC ] 61,299 (1979); Delegation of the
Commission's Authority to the Directors of Office of Electric Power
Regulation, Office of the Chief Accountant, and Office of Pipeline
and Producer Regulation, Order No. 147, 46 FR 29700 (June 3, 1981),
FERC Stats. & Regs. Regulations Preambles 1977-1981 ] 30,259 (1981);
Delegation of Authority, Order No. 224, 47 FR 17806 (Apr. 26, 1982),
FERC Stats. & Regs. Regulations Preambles 1982-1985 ] 30,356 (1982);
Regulations Delegating Authority, Order No. 492, 53 FR 16058 (May 5,
1988), FERC Stats. & Regs. Regulations Preambles 1986-1990 ] 30,814
(1988); Streamlining Commission Procedures for Review of Staff
Action, Order No. 530, 55 FR 50677 (May 5, 1988), FERC Stats. &
Regs. Regulations Preambles 1986-1990 ] 30,906 (1990), reh'g denied,
Order No. 530-A, 56 FR 4719 (Feb. 6, 1991), FERC Stats. & Regs.
Regulations Preambles 1991-1996 ] 30,914 (1991); Delegation of
Authority to the Secretary, the Director of the Office of Electric
Power Regulation, and the General Counsel, Order No. 585, 60 FR
62326 (Dec. 6, 1995), FERC Stats. & Regs. Regulations Preambles
January 1991-June 1996 ] 31,030 (1995); Delegation of Authority,
Order No. 613, 64 FR 73403 (Dec. 30, 1991), FERC Stats. & Regs.
Regulations Preambles July 1996-December 2000 ] 31,087 (1999);
Delegation of Authority, Order No. 632, 68 FR 25814 (May 14, 2003),
FERC Stats. & Regs. Regulations Preambles 2001-2005 ] 31,087 (2003).
---------------------------------------------------------------------------
3. When the Office of Market Oversight and Investigations (OMOI),
the predecessor to OE, was created in 2003, the Commission issued Order
No. 632,\6\ which promulgated OMOI's original delegations of authority.
In Order No. 632, the Commission stated that certain delegations to the
General Counsel and to the Director of the Office of Markets, Tariffs,
and Rates (OMTR, now known as the Office of Energy Markets and
Reliability or OEMR), were being duplicated in OMOI's delegations.
---------------------------------------------------------------------------
\6\ Delegations of Authority, Order No. 632, 68 FR 25814 (May
14, 2003), FERC Stats. & Regs. Regulations Preambles 2001-2005 ]
31,087 (2003).
---------------------------------------------------------------------------
4. The following year, in Order No. 650,\7\ the Commission revised
the delegations promulgated in Order No. 632 to reflect the move of the
Division of Regulatory Audits (renamed the Division of Financial
Audits) from the Office of the Executive Director (OED) to OMOI. In
Order No. 650, the relevant delegation provisions were added to the
OMOI delegations and deleted from the OED delegations. In 2005,
pursuant to another reorganization, the Regulatory Accounting policy
function, as well as the Chief Accountant, were moved from OMTR to
OMOI.
---------------------------------------------------------------------------
\7\ Delegations of Authority, 69 FR 64659 (Nov. 8, 2004), FERC
Stats. & Regs. Regulations Preambles 2001-2005 ] 31,169 (2004). The
original designation as Order No. 651 was corrected to Order No. 650
by an errata notice issued on November 12, 2004.
---------------------------------------------------------------------------
5. On April 17, 2006, the reorganization and renaming of OMOI as OE
became effective. OE includes an administrative branch and four
divisions--Investigations, Audits, Financial Regulation (for which the
Chief Accountant also serves as the Division Director), and Energy
Market Oversight.
II. Discussion
6. Part 375, Subpart C, of the Commission's rules and regulations
sets out delegations of authority to the various office directors, such
as the Directors of OMOI (now called OE) \8\ and OMTR (now called
OEMR),\9\ as well as to statutory officers such as the Chief
Accountant.\10\ The regulations in Part 375 which are amended by this
rule are found in Sec. Sec. 375.303, 375.307, and 375.314, and are
discussed below.
---------------------------------------------------------------------------
\8\ 18 CFR 375.314.
\9\ 18 CFR 375.307.
\10\ 18 CFR 375.303.
---------------------------------------------------------------------------
7. Section 375.314 \11\ includes the delegations of authority to
the Director of OMOI (now OE). Amendments to this section are made to
replace the former office title of Office of Market Oversight and
Investigations with the title Office of Enforcement and occur in the
title to Sec. 375.314, and in the text of Sec. 375.314(b), (c), and
(d).\12\
---------------------------------------------------------------------------
\11\ 18 CFR 375.314.
\12\ 18 CFR 375.314(b), (c), and (d), respectively.
---------------------------------------------------------------------------
8. Sections 375.314(i), (j), and (k) \13\ of the current
delegations to the Director of OMOI (now OE) concern auditing matters
and essentially duplicate delegations formerly made to the Director of
OMTR (now OEMR) at a time when auditing matters were handled in OMTR.
These matters fall solely within the purview of the Director of OE.
Accordingly, this rule removes Sec. 375.307(a), (c), and (d) \14\ from
the delegations to the Director of OMTR (now OEMR).
---------------------------------------------------------------------------
\13\ 18 CFR 375.314(i), (j), and (k), respectively.
\14\ 18 CFR 375.307(a), (c), and (d), respectively.
---------------------------------------------------------------------------
9. The remaining amendments to the regulations, as discussed below,
reflect changes in the responsibilities of the Chief Accountant which
occurred when the Regulatory Accounting policy function was moved to
OMOI (now OE), discussed above, as well as through delegations made by
the Commission in Order Nos. 667 \15\ and 679.\16\ When the Regulatory
Accounting policy function was moved to OMOI (now OE), responsibility
for administering Annual Reports (FERC Form Nos. 1, 1-F, 2, 2-A, and 6)
\17\ and Electric Quarterly Reports (EQRs) \18\ were transferred to the
Chief Accountant. These, as well as all other forms, data collections,
and reports administered by the Chief Accountant, assist the Commission
in its review and approval of cost-based rates. The data contained in
these forms, data collections, and reports serve other purposes as
well.
---------------------------------------------------------------------------
\15\ Repeal of the Public Utility Holding Company Act of 1935
and Enactment of the Public Utility Holding Company Act of 2005,
Order No. 667, 70 FR 75592 (Dec. 20, 2005), FERC Stats. & Regs. ]
31,197 (2005), order on reh'g, Order No. 667-A, 71 FR 28446 (May 16,
2006), FERC Stats. & Regs. ] 31,213 (2006), order on reh'g, Order
No. 667-B, 71 FR 42750 (July, 28, 2006), FERC Stats. & Regs. ]
31,224 (2006), reh'g pending.
\16\ Promoting Transmission Investment through Pricing Reform,
Order No. 679, 71 FR 43294 (Jul. 31, 2006), 116 FERC ] 61,057
(2006); order on reh'g, Order No. 679-A, 117 FERC ] 61,345 (2006).
\17\ See 18 CFR 141.1, 141.2, 260.1, 260.2, and 357.2,
respectively.
\18\ See 18 CFR 35.10b.
---------------------------------------------------------------------------
10. In Order No. 679, among other things, the Commission created
FERC-730 (report of transmission investment activity) \19\ and
delegated to the Chief Accountant the authority to act on motions for
extensions of time to file the newly-created FERC-730, or motions to
waive the requirements applicable to those filings. However, that
recent delegation is not reflected in the Chief Accountant's
delegations in 18 CFR 375.303. Instead, the delegatory language was
codified as part of Sec. 35.35(h), which comprises the regulations
describing the report and the filing requirements for that report. In
order to centralize all delegations to the Chief Accountant, this rule
amends the regulations to add this delegation to 18 CFR 375.303, and
revises Sec. 35.35(h)(3) to remove the delegatory language therein.
---------------------------------------------------------------------------
\19\ Codified at 18 CFR 35.35(h).
---------------------------------------------------------------------------
11. In Order Nos. 667, among other things, the Commission created
FERC Form No. 60 (Annual Report of Centralized Service Companies).\20\
In Order No. 667-A, the Commission
[[Page 5173]]
created FERC-61 (narrative description of service company
functions).\21\ In Order No. 667-A, the Commission delegated to the
Chief Accountant the authority to act on motions for extensions of time
to file and requests for waiver of the requirements of FERC Form No. 60
and FERC-61.\22\ In Order No. 684, Sec. Sec. 375.303(f) and (g) were
amended to include those delegations also.\23\ In order to centralize
all delegations to the Chief Accountant, this rule amends 18 CFR
375.303, and revises Sec. 366.23(a)(3) to remove the delegatory
language therein.
---------------------------------------------------------------------------
\20\ 20 Order No. 667 at P 82-85; codified at 18 CFR 366.23.
\21\ Order No. 667-A at P 49; codified at 18 CFR 366.23.
\22\ Order No. 667-A; codified at 18 CFR 366.23(a)(3).
\23\ Financial Accounting, Reporting and Records Retention
Requirements Under the Public Utility Holding Company Act of 2005,
71 FR 65200 (Nov. 7, 2006), FERC Stats. & Regs. ] 31,229 (2006) at P
222-223.
---------------------------------------------------------------------------
12. To summarize, currently, the Chief Accountant is authorized to:
(1) Act on motions for extension of time to file Form No. 60, FERC-61,
and FERC-730; (2) act on requests for waiver of the requirements of
Form Nos. 3-Q and 6-Q,\24\ Form No. 60, FERC-61, and FERC-730; and (3)
issue deficiency letters regarding Form Nos. 3-Q and 6-Q. The rule
amends the regulations to uniformly authorize the Chief Accountant to:
(1) Act on motions for extensions of time to file, (2) act on requests
for waiver of the requirements of, and (3) issue deficiency letters
regarding, each of the above-discussed forms, data collections, and
reports (Form Nos. 1, 1-F, 2, 2-A, 6, 3-Q, 6-Q, 60; FERC-61, FERC-730;
and EQRs), so that the delegated authority applicable to these forms,
data collections, and reports is consistent. To effectuate this
delegation, the rule amends Sec. 375.303 by replacing existing
paragraphs (f) and (g) to provide that the Chief Accountant may deny or
grant, in whole or in part, motions for extension of time to file, or
requests for waiver of the requirements of Annual Reports (Form Nos. 1,
1-F, 2, 2-A, and 6); Quarterly Reports (Form Nos. 3-Q and 6-Q); Annual
Report of Centralized Service Companies (Form No. 60); Narrative
Description of Service Company Functions (FERC-61); Report of
Transmission Investment Activity (FERC-730); and EQRs, as well as,
where required, the electronic filing of such information, and provide
notification if one of those forms, data collections, or reports is
submitted and fails to comply with applicable statutory requirements,
and with all applicable Commission rules, regulations or notify a party
that a submission is acceptable.
---------------------------------------------------------------------------
\24\ 18 CFR 141.400 (electric), 260.300 (natural gas), and 357.4
(oil), respectively.
---------------------------------------------------------------------------
13. Further, to centralize the authority delegated to the Chief
Accountant and to avoid confusion as to the responsibility for the
forms, data collections, and reports discussed herein, the delegations
of authority to the Director of OMTR (now OEMR) are revised by removing
the parenthetical phrase in 18 CFR 375.307(h)(3) which references Form
Nos. 1, 1-F, 2, 2-A, and 6, and by removing in its entirety 18 CFR
375.307(i)(8), which also references Form No. 1.
III. Information Collection Statement
14. Review by the Office of Management and Budget,\25\ pursuant to
section 3507(d) of the Paperwork Reduction Act of 1995,\26\ is not
required since this final rule does not contain new or modified
information collection or recordkeeping requirements.
---------------------------------------------------------------------------
\25\ 5 CFR 1320.11.
\26\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------
IV. Environmental Analysis
15. 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.\27\ Part
380 of the Commission's regulations exempts certain actions from the
requirement that an Environmental Analysis or Environmental Impact
Statement be prepared. Included is an exemption for procedural,
ministerial, or internal administrative actions.\28\ As this Final Rule
falls within that exemption, issuance of the Rule does not represent a
major federal action having a significant adverse effect on the human
environment under the Commission's regulations implementing the
National Environmental Policy Act, and, thus, does not require an
Environmental Analysis or Environmental Impact Statement.\29\
---------------------------------------------------------------------------
\27\ Regulations Implementing the National Environmental Policy
Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Regulations
Preambles 1986-1990 ] 30,783 (1987), codified at 18 CFR Part 380.
\28\ 18 CFR 380.4(1) and (5).
\29\ Id.
---------------------------------------------------------------------------
V. Regulatory Flexibility Certification
16. The Regulatory Flexibility Act of 1980 (RFA) \30\ generally
requires a description and analysis of Final Rules that will have
significant economic impact on a substantial number of small entities.
Rules that are exempt from the notice and comment requirements of
section 553(b) of the Administrative Procedure Act are exempt from the
RFA requirements. This Final Rule concerns matters of internal agency
procedure and, therefore, an analysis under the RFA is not required.
---------------------------------------------------------------------------
\30\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------
VI. Document Availability
17. 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.
18. From FERC's Home Page on the Internet, this information is
available in eLibrary. The full text of this document is available in
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.
19. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from our Help line at (202) 502-8222
or the Public Reference Room at (202) 502-8371 Press 0, TTY (202) 502-
8659. E-Mail the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional Notification
20. These regulations are effective on issuance. While the
Administrative Procedure Act generally mandates that an opportunity for
comment be provided when an agency promulgates regulations, notice and
comment are not required where a rule, as here, relates to agency
personnel or agency organization, procedure, or practice.\31\ Since
these regulations only concern internal agency procedure and will not
affect regulated entities or the general public, notice and comment are
not required.
---------------------------------------------------------------------------
\31\ See 5 U.S.C. 553(b)(A) and (B).
---------------------------------------------------------------------------
21. The Small Business Regulatory Enforcement Fairness Act of 1996
\32\ requires agencies to report to Congress on the promulgation of
certain Final Rules prior to their effective dates. Rules of agency
procedure and practice are excluded from this notification
requirement.\33\ Therefore, this Final Rule will not be submitted to
Congress.
---------------------------------------------------------------------------
\32\ 5 U.S.C. 801.
\33\ 5 U.S.C. 804(3)(C).
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[[Page 5174]]
List of Subjects
18 CFR 35
Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.
18 CFR 366
Electric power, Natural gas, Reporting and recordkeeping
requirements.
18 CFR 375
Authority delegations (Government Agencies), Seals and insignia,
Sunshine Act.
By the Commission.
Magalie R. Salas,
Secretary.
0
In consideration of the foregoing, the Commission amends parts 35, 366,
and 375, Chapter I, Title 18, Code of Federal Regulations, as follows:
PART 35--FILING OF RATE SCHEDULES AND TARIFFS
0
1. The authority citation for part 35 continues to read as follows:
Authority: 16 U.S.C. 791-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
0
2. Amend Sec. 35.35 by revising paragraph (h)(3) to read as follows:
Sec. 35.35 Transmission infrastructure investment.
* * * * *
(h) * * *
(3) For good cause shown, the Commission may extend the time within
which any FERC-730 filing is to be filed or waive the requirements
applicable to any such filing.
* * * * *
PART 366--PUBLIC UTILITY HOLDING COMPANY ACT OF 2005
0
3. The authority citation for part 366 continues to read as follows:
Authority: Pub. L. No. 109-58, 1261 et seq., 119 Stat. 594, 972
et seq.
0
4. Amend Sec. 366.23 by revising paragraph (a)(3), to read as follows:
Sec. 366.23 FERC Form No. 60, annual report of service companies, and
FERC-61, narrative description of service company functions.
(a) * * *
(3) For good cause shown, the Commission may extend the time within
which any such report or narrative description required to be filed
pursuant to paragraphs (a)(1) or (2) of this section is to be filed or
waive the requirements applicable to any such report or narrative
description.
* * * * *
PART 375--THE COMMISSION
0
5. The authority citation for part 375 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.
0
6. Amend Sec. 375.303 by revising paragraphs (f) and (g) to read as
follows:
Sec. 375.303 Delegations to the Chief Accountant.
* * * * *
(f) Deny or grant, in whole or in part, motions for extension of
time to file, or requests for waiver of the requirements of the
following forms, data collections, and reports: Annual Reports (Form
Nos. 1, 1-F, 2, 2-A, and 6); Quarterly Reports (Form Nos. 3-Q and 6-Q);
Annual Report of Centralized Service Companies (Form No. 60); Narrative
Description of Service Company Functions (FERC-61); Report of
Transmission Investment Activity (FERC-730); and Electric Quarterly
Reports, as well as, where required, the electronic filing of such
information (Sec. 385.2011 of this chapter, Procedures for filing on
electronic media, paragraphs (a)(6), (c), and (e)).
(g) Provide notification if a submitted Annual Report (Form Nos. 1,
1-F, 2, 2-A, and 6), Quarterly Report (Form Nos. 3-Q and 6-Q), Annual
Report of Centralized Service Companies (Form No. 60), Narrative
Description of Service Company Functions (FERC-61), Report of
Transmission Investment Activity (FERC-730), or Electric Quarterly
Report fails to comply with applicable statutory requirements, and with
all applicable Commission rules, regulations, and orders for which a
waiver has not been granted, or, when appropriate, notify a party that
a submission is acceptable.
* * * * *
0
7. Amend Sec. 375.307 as follows:
0
A. Remove paragraphs (a), (c), (d), and (i)(8) and redesignate
paragraphs (b) and (e) through (p) as paragraphs (a) through (m).
0
B. Revise redesignated paragraph (h)(3) to read as follows:
Sec. 375.307 Delegations to the Director of the Office of Markets,
Tariffs and Rates.
* * * * *
(h) * * *
(3) Accept for filing, data and reports required by Commission
orders, or presiding officers' initial decisions upon which the
Commission has taken no further action, if such filings are in
compliance with such orders or decisions and, when appropriate, notify
the filing party of such acceptance.
* * * * *
Sec. 375.314 [Amended]
0
8. In Sec. 375.314, remove the words ``Office of Market Oversight and
Investigation'' and add, in their place, the words ``Office of
Enforcement'' in the following sections:
A. Section 375.314 section heading;
B. Section 375.314(b);
C. Section 375.314(c); and
D. Section 375.314(d).
[FR Doc. E7-1737 Filed 2-2-07; 8:45 am]
BILLING CODE 6717-01-P
