Delegations to Office of Electric Reliability, 61052-61055 [E7-20969]
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Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Rules and Regulations
Dated: October 24, 2007.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 07–5348 Filed 10–24–07; 11:39 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2007–29086; Airspace
Docket No. 07–ASO–22]
Amendment of Class E Airspace;
Aguadilla, PR
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This document amends the
Class E2 and E5 airspace at Aguadilla,
PR. This action corrects the
geographical position coordinates for
the Rafael Hernandez Airport.
DATES: Effective Date: 0901 UTC,
December 20, 2007. The Director of the
Federal Register approves this
incorporation by reference action under
title 1, Code of Federal Regulations, part
51, subject to the annual revision of
FAA Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Mark D. Ward, Manager, System
Support Group, Eastern Service Center,
Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320;
telephone (404) 305–5581.
SUPPLEMENTARY INFORMATION:
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History
On March 16, 2007, the geographical
position coordinates for Rafael
Hernandez Airport, Aguadilla, PR,
changed from lat. 18°29′38″N, long.
67°07′59″W to lat. 18°29′42″N, long.
67°07′46″W. This action corrects the
geographical position coordinates of the
airport.
This rule becomes effective on the
date specified in the EFFECTIVE DATE
section. Since this action will have no
impact on aircraft operating in the
vicinity of Rafael Hernandez Airport,
Aguadilla, PR, notice and public
procedure under 5 U.S.C. 553(b) are not
necessary. Class E airspace areas
designated as surface areas and Class E
airspace areas designated as airspace
areas extending upward from 700 feet or
more above the surface of the earth are
published in Paragraphs 6002 and 6005,
respectively, of FAA Order 7400.9P,
Airspace Designations and Reporting
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Points, dated September 1, 2006, and
effective September 15, 2006, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
The Rule
This amendment to Title 14 Code of
Federal Regulations (14 CFR) part 71
amends Class E2 and E5 airspace at
Rafael Hernandez Airport, Aguadilla,
PR.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
under criteria of the Regulatory
Flexibility Act.
side of the Borinquen VORTAC 257° radial,
extending from the 4.5-mile radius to 7 miles
west of the VORTAC. This Class E airspace
area is effective during the specific days and
times established in advance by a Notice to
Airmen. The effective days and times will
thereafter be continuously published in the
Airport/Facility Directory.
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ASO PR E5 Aguadilla, PR [Revised]
Rafael Hernandez Airport, PR
(Lat. 18°29′42″ N, long. 67°07′46″ W)
Eugenio Maria De Hostos Airport
(Lat. 18°15′21″ N, long. 67°08′55″ W)
That airspace extending upward from 700
feet above the surface within an 11-mile
radius of Rafael Hernandez Airport and
within a 10-mile radius of Eugenio Maria De
Hostos Airport.
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Issued in College Park, Georgia, on October
5, 2007.
Barry A. Knight,
Acting Manager, System Support Group,
Eastern Service Center.
[FR Doc. 07–5264 Filed 10–26–07; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
18 CFR Parts 33, 35, 154, 157, 300, 375,
376
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
Delegations to Office of Electric
Reliability
Issued October 19, 2007.
I
PART 71—[AMENDED]
1. The authority citation for 14 CFR
part 71 continues to read as follows:
I
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; EO 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389; 14 CFR 11.69.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace
Designations and Reporting Points,
dated August 15, 2007, and effective
September 15, 2007, is amended as
follows:
I
Paragraph 6000.
Class E Airspace.
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ASO PR E2 Aguadilla, PR [Revised]
Rafael Hernandez Airport, PR
(Lat. 18°29′42″ N, long. 67°07′46″ W)
Borinquen VORTAC
(Lat. 18°29′53″ N, long. 67°06′30″ W)
Within a 4.5-mile radius of Rafael
Hernandez Airport and within 2.4 miles each
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[Docket No. RM07–22–000; Order No. 701]
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final Rule.
AGENCY:
SUMMARY: This Final Rule revises the
Commission’s regulations to delegate
authority to the newly established
Office of Electric Reliability to allow
that office to process routine, noncontroversial matters efficiently. The
rule also makes conforming changes to
account for changes in office names.
DATES: Effective Date: This rule will
become effective October 29, 2007.
FOR FURTHER INFORMATION CONTACT:
Wilbur Miller, Office of the General
Counsel, 888 First Street, NE.,
Washington, DC 20426, (202) 502–8953.
wilbur.miller@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher,
Chairman; Suedeen G. Kelly, Marc Spitzer,
Philip D. Moeller, and Jon Wellinghoff.
I. Discussion
1. On September 20, 2007, the
Commission announced the creation of
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Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Rules and Regulations
the Office of Electric Reliability (OER) to
focus on the development and
implementation of mandatory and
enforceable reliability standards for the
nation’s bulk power system. OER was
formerly a division of the Office of
Energy Markets and Reliability, which
will now be called the Office of Energy
Market Regulation (OEMR). The
organizational change will help
implement the Commission’s new
regulatory authorities under section 215
of the Energy Policy Act of 2005.1 To
enable OER to carry out its functions as
efficiently as possible, this Final Rule
adds a new section to the Commission’s
regulations, 18 CFR 375.314, to delegate
to OER the authority necessary to
process routine matters. These
delegations are intended to apply to
uncontested, non-controversial matters.
This Final Rule also revises a number of
regulations to update office names.
II. Information Collection Statement
2. The Office of Management and
Budget’s (OMB) regulations require that
OMB approve certain information
collection requirements imposed by
agency rule.2 This Final Rule does not
contain information reporting
requirements and is not subject to OMB
approval.
III. Environmental Analysis
3. 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 quality
of the human environment.3 Issuance of
this Final Rule does not represent a
major federal action having a significant
adverse effect on the quality of the
human environment under the
Commission’s regulations implementing
the National Environmental Policy Act.
Part 380 of the Commission’s
regulations lists exemptions to the
requirement to draft an Environmental
Analysis or Environmental Impact
Statement. Included is an exemption for
procedural, ministerial or internal
administrative actions.4 This
rulemaking is exempt under that
provision.
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IV. Regulatory Flexibility Act
4. The Regulatory Flexibility Act of
1980 (RFA) 5 generally requires a
1 Pub. L. 109–58, sections 1211, 119 Stat. 594,
941–46 (2005) (to be codified at 16 U.S.C. 824o).
2 5 CFR Part 1320.
3 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783
(1987).
4 18 CFR 380.4(1) and (5).
5 5 U.S.C. 601–12.
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description and analysis of final rules
that will have a significant economic
impact on a substantial number of small
entities. This Final Rule concerns
matters of internal agency procedure
and the Commission therefore certifies
that it will not have such an impact. An
analysis under the RFA is not required.
practice, or where the agency finds that
notice and comment is unnecessary.
This rule concerns only matters of
internal agency procedure and will not
significantly affect regulated entities or
the general public.
V. Document Availability
5. 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 p.m.
Eastern time) at 888 First Street, NE.,
Room 2A, Washington, DC 20426.
6. 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.
7. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from
FERC Online Support at 202–502–6652
(toll free at 1–866–208–3676) or e-mail
at ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. E-mail the
Public Reference Room at
public.referenceroom@ferc.gov.
18 CFR Part 33
VI. Effective Date and Congressional
Notification
8. These regulations are effective
immediately upon publication in the
Federal Register. In accordance with 5
U.S.C. 553(d)(3), the Commission finds
that good cause exists to make this Final
Rule effective immediately. It concerns
only matters of internal operations and
will not affect the rights of persons
appearing before the Commission. There
is therefore no reason to make this rule
effective at a later time.
9. The provisions of 5 U.S.C. 801
regarding Congressional review of Final
Rules do not apply to this Final Rule,
because this Final Rule concerns agency
procedure and practice and will not
substantially affect the rights of nonagency parties.
10. The Commission is issuing this as
a Final Rule without a period for public
comment. Under 5 U.S.C. 553(b), notice
and comment procedures are
unnecessary where a rulemaking
concerns only agency procedure and
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List of Subjects
Electric utilities, Reporting and
recordkeeping requirements, Securities.
18 CFR Part 35
Electric power, Reporting and
recordkeeping requirements.
18 CFR Part 154
Alaska, Natural gas, Natural gas
companies, Pipelines, Rate schedules
and tariffs, Reporting and recordkeeping
requirements.
18 CFR Part 157
Administrative practice and
procedure, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 300
Electric power, Reporting and
recordkeeping requirements.
18 CFR Part 375
Authority delegations (Government
agencies), Seals and insignia, Sunshine
Act.
18 CFR Part 376
Civil defense, Organization and
functions (Government agencies).
By the Commission.
Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
In consideration of the foregoing, the
Commission amends parts 33, 35, 154,
157, 300, 375 and 376, Chapter I, Title
18, Code of Federal Regulations, as
follows.
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PART 33—APPLICATIONS UNDER
FEDERAL POWER ACT SECTION 203
1. The authority citation for part 33
continues to read as follows:
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Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352;
Pub. L. 109–58, 119 Stat. 594.
§ 33.10
[Amended]
2. Section 33.10 is amended by
removing the phrase ‘‘Markets and
Reliability’’ and adding in its place the
phrase ‘‘Market Regulation.’’
I
PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
3. The authority citation for part 35
continues to read as follows:
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Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Rules and Regulations
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
§ 35.2
[Amended]
4. Section 35.2(c) is amended by
removing the phrase ‘‘Markets and
Reliability’’ and adding in its place the
phrase ‘‘Market Regulation.’’
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§ 35.5
[Amended]
[Amended]
PART 154—RATE SCHEDULES AND
TARIFFS
Authority: 15 U.S.C. 717–717w; 31 U.S.C.
9701; 42 U.S.C. 7102–7352.
[Amended]
8. Section 154.5 is amended by
removing the phrase ‘‘Markets and
Reliability’’ and adding in its place the
phrase ‘‘Market Regulation.’’
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[Amended]
9. Section 154.302(b) is amended by
removing the phrase ‘‘Markets and
Reliability’’ and adding in its place the
phrase ‘‘Market Regulation.’’
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PART 157—APPLICATIONS FOR
CERTIFICATES OF PUBLIC
CONVENIENCE AND NECESSITY AND
FOR ORDERS PERMITTING AND
APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS
ACT
10. The authority citation for part 157
continues to read as follows:
I
Authority: 15 U.S.C. 717–717w.
§ 157.8
[Amended]
11. Section 157.8(a) and (c) are
amended by removing the phrase
‘‘Markets and Reliability’’ and adding in
its place the phrase ‘‘Market
Regulation’’.
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I
PART 300—CONFIRMATION AND
APPROVAL OF THE RATES OF
FEDERAL POWER MARKETING
ADMINISTRATIONS
12. The authority citation for part 300
continues to read as follows:
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14:52 Oct 26, 2007
[Amended]
14. Section 300.20(b)(1)(i) is amended
by removing the phrase ‘‘Markets and
Reliability’’ and adding in its place the
phrase ‘‘Market Regulation.’’
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15. 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; / 42 U.S.C.
16451–16463.
16. Section 375.307 is amended by
revising the section heading to read as
set forth below, by removing paragraph
(a)(2), by redesignating paragraphs (a)(3)
through (a)(11) as paragraphs (a)(2)
through (a)(10), and by amending
paragraphs (b)(1)(i), (b)(2)(i), and
(b)(3)(ii) to remove the phrase ‘‘Markets
and Reliability’’ and add in its place the
phrase ‘‘Market Regulation.’’
I
7. The authority citation for part 154
continues to read as follows:
I
§ 154.302
[Amended]
13. Section 300.10(h)(2) is amended
by removing the phrase ‘‘Markets and
Reliability’’ and adding in its place the
phrase ‘‘Market Regulation.’’
PART 375—THE COMMISSION
6. Section 35.13(a)(3) is amended by
removing the phrase ‘‘Markets and
Reliability’’ and adding in its place the
phrase ‘‘Market Regulation.’’
I
§ 154.5
§ 300.10
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§ 300.20
5. Section 35.5(b) is amended by
removing the phrase ‘‘Markets and
Reliability’’ and adding in its place the
phrase ‘‘Market Regulation.’’
I
§ 35.13
Authority: 16 U.S.C. 825s, 832–832l, 838–
838k, 839–839h; 42 U.S.C. 7101–7352; 43
U.S.C. 485–485k.
§ 375.307 Delegations to the Director of
the Office of Energy Market Regulation.
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17. Part 375 is amended by adding
new § 375.314 as follows:
I
§ 375.314 Delegations to the Director of
the Office of Electric Reliability.
The Commission authorizes the
Director or the Director’s designee to:
(a) Program-Specific Delegated
Authority: Take the following actions
with respect to the following programs:
(1) Section 206 of the Public Utility
Regulatory Policy Act of 1978 and
corresponding Section 202(g) of the
Federal Power Act.
(i) Accept for filing all uncontested
contingency plans regarding shortages
of electric energy or capacity,
circumstances which may result in such
shortages, and accommodations of any
such shortages or circumstances, if said
contingency plans comply with all
applicable statutory requirements, and
with all applicable Commission rules,
regulations and orders for which
waivers have not been granted, or if
waivers have been granted by the
Commission, if the filings comply with
the terms of the waivers;
(ii) Reject a contingency plan
regarding shortages of electric energy or
capacity, unless accompanied by a
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request for waiver in conformity with
§ 385.2001 of this chapter, if it fails
patently to comply with applicable
statutory requirements and with all
applicable Commission rules,
regulations and orders;
(iii) Sign and issue deficiency letters;
(iv) Act on any request or petition for
waiver, consistent with Commission
policy.
(2) Section 215 of the Federal Power
Act.
(i) Approve uncontested applications,
including uncontested revisions to
Electric Reliability Organization or
Regional Entity rules or procedures;
(ii) Reject an application, unless
accompanied by a request for waiver in
conformity with § 385.2001 of this
chapter, if it fails patently to comply
with applicable statutory requirements
or with all applicable Commission rules,
regulations or orders;
(iii) Act on any request or petition for
waiver, consistent with Commission
policy;
(iv) Sign and issue deficiency letters;
and
(v) Direct the Electric Reliability
Organization, Regional Entities, or
users, owners, and operators of the
Bulk-Power System within the United
States (not including Alaska and
Hawaii) to provide such information as
is necessary to implement Section 215
of the Federal Power Act (16 U.S.C.
824o) pursuant to §§ 39.2(d) and 39.11
and Part 40 of this chapter.
(b) Non-Program-Specific Delegated
Authority:
(1) Take appropriate action on:
(i) Any notice of intervention or
motion to intervene filed in an
uncontested proceeding processed by
the Office of Electric Reliability; and
(ii) Applications for extensions of
time to file required filings, reports, data
and information and to perform other
acts required at or within a specific time
by any rule, regulation, license, permit,
certificate, or order by the Commission.
(2) Take appropriate action on
requests or petitions for waivers of filing
requirements for the appropriate
statements and reports processed by the
Office of Electric Reliability pursuant to
§§ 141.51 and 141.300 of this chapter;
and
(3) Undertake the following actions:
(i) Issue reports for public information
purposes. Any report issued without
Commission approval must:
(A) Be of a noncontroversial nature,
and
(B) Contain the statement, ‘‘This
report does not necessarily reflect the
views of the Commission,’’ in bold face
type on the cover;
(ii) Upon request or otherwise, issue
staff position papers to further the
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Electric Reliability Organization and
Regional Entity reliability standard
development process. Any such staff
position paper issued without
Commission approval must contain the
statement, ‘‘This position paper does
not necessarily reflect the views of the
Commission,’’ in bold face type on the
cover;
(iii) Issue and sign requests for
additional information regarding
applications, filings, reports and data
processed by the Office of Electric
Reliability.
(iv) Accept for filing, data and reports
required by Commission regulations,
rules or orders, or presiding officers’
initial decisions upon which the
Commission has taken no further action,
if such filings are in compliance with
such regulations, rules, orders or
decisions and, when appropriate, notify
the filing party of such acceptance.
PART 376—ORGANIZATION, MISSION,
AND FUNCTIONS; OPERATIONS
DURING EMERGENCY CONDITIONS
18. The authority citation for part 376
continues to read as follows:
I
Authority: 5 U.S.C. 553; 42 U.S.C. 7101–
7352; E.O. 12009; 3 CFR 1978 Comp., p. 142.
19. Section 376.204 is amended by
revising paragraph (b)(2) to read as
follows:
I
§ 376.204 Delegation of Commission’s
authority during emergency conditions.
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(b) * * *
(2) The list referred to in paragraph
(b)(1) of this section is:
(i) The Executive Director;
(ii) Director of the Office of Energy
Market Regulation;
(iii) Director of the Office of Energy
Projects;
(iv) Director of the Office of Electric
Reliability;
(v) General Counsel;
(vi) Director of the Office of
Enforcement;
(vii) Deputy Directors, Office of
Energy Market Regulation, in order of
seniority;
(viii) Deputy Directors, Office of
Energy Projects, in order of seniority;
(ix) Deputy Directors, Office of
Electric Reliability, in order of seniority;
(x) Deputy General Counsels, in order
of seniority;
(xi) Associate General Counsels and
Solicitor, in order of seniority;
(xii) Assistant Directors and Division
heads, Office of Energy Market
Regulation; Assistant Directors and
Division heads, Office of Energy
Projects; Assistant Directors and
Division heads, Office of Electric
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Reliability; Deputy Associate General
Counsels; and Assistant Directors and
Division heads, Office of Enforcement;
in order of seniority.
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[FR Doc. E7–20969 Filed 10–26–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF THE TREASURY
Monetary Offices
31 CFR Part 82
Prohibition on the Exportation,
Melting, or Treatment of 5-Cent and
One-Cent Coins; Correction
61055
document published in the Federal
Register. Because of an administrative
oversight, the final rule was published
on April 16, 2007, two days after the
interim rule had expired. Instead of
setting the amended 31 CFR Part 82 out
in its entirety, the final rule attempted
to adopt the interim rule with certain
changes. However, because the interim
rule had already expired when the final
rule was published, there were no
regulations at 31 CFR Part 82 to adopt.
This correction is intended to set out the
revised 31 CFR Part 82 in its entirety.
List of Subjects in 31 CFR Part 82
Administrative Practice and
Procedure, Currency, Penalties.
AGENCY:
Authority and Issuance
ACTION:
I
United States Mint, Treasury.
Correcting amendments.
This document corrects the
United States Mint’s regulations that
prohibit the exportation, melting, and
treatment of 5-cent and one-cent coins.
These regulations, added in December
2006, were inadvertently allowed to
expire on April 14, 2007. A final rule,
which was published in the Federal
Register of Monday, April 16, 2007 (72
FR 18880), was intended to extend the
effectiveness of these requirements.
However, that document failed to set
out the revised 31 CFR Part 82 in its
entirety, and this document corrects the
agency’s regulations by doing so.
DATES: Effective on October 29, 2007.
FOR FURTHER INFORMATION CONTACT:
Kristie Bowers, Attorney-Advisor,
United States Mint, at (202) 354–7631
(not a toll-free call).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The final rule was based on an
interim rule, which was published
Wednesday, December 20, 2006 (71 FR
76148). The regulations are intended to
protect the coinage of the United States,
by prohibiting the exportation, melting,
and treatment of 5-cent and one-cent
coins. The regulations were issued
pursuant to 31 U.S.C. 5111(d), which
authorizes the Secretary of the Treasury
to prohibit or limit the exportation,
melting, or treatment of United States
coins when the Secretary decides the
prohibition or limitation is necessary to
protect the coinage of the United States.
The regulations’ purpose is to ensure
that sufficient quantities of 5-cent and
one-cent coins remain in circulation to
meet the needs of the United States.
II. Need for Correction
The interim rule was scheduled to
expire on April 14, 2007, unless
extended by a further rulemaking
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Accordingly, Chapter 1 of Subtitle B
of title 31 of the Code of Federal
Regulations is corrected by adding part
82 to read as follows:
PART 82—5-CENT AND ONE-CENT
COIN REGULATIONS
Sec.
82.1
82.2
82.3
82.4
Prohibitions.
Exceptions.
Definitions.
Penalties.
Authority: 31 U.S.C. 5111(d).
§ 82.1
Prohibitions.
Except as specifically authorized by
the Secretary of the Treasury (or
designee) or as otherwise provided in
this part, no person shall export, melt,
or treat:
(a) Any 5-cent coin of the United
States; or
(b) Any one-cent coin of the United
States.
§ 82.2
Exceptions.
(a) The prohibition contained in
§ 82.1 against the exportation of 5-cent
coins and one-cent coins of the United
States shall not apply to:
(1) The exportation in any one
shipment of 5-cent coins and one-cent
coins having an aggregate face value of
not more than $100 that are to be
legitimately used as money or for
numismatic purposes. Nothing in this
paragraph shall be construed to
authorize export for the purpose of sale
or resale of coins for melting or
treatment by any person.
(2) The exportation of 5-cent coins
and one-cent coins carried on an
individual, or in the personal effects of
an individual, departing from a place
subject to the jurisdiction of the United
States, when the aggregate face value is
not more than $5, or when the aggregate
face value is not more than $25 and it
E:\FR\FM\29OCR1.SGM
29OCR1
]]>Agencies
[Federal Register Volume 72, Number 208 (Monday, October 29, 2007)]
[Rules and Regulations]
[Pages 61052-61055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20969]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 33, 35, 154, 157, 300, 375, 376
[Docket No. RM07-22-000; Order No. 701]
Delegations to Office of Electric Reliability
Issued October 19, 2007.
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Final Rule.
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SUMMARY: This Final Rule revises the Commission's regulations to
delegate authority to the newly established Office of Electric
Reliability to allow that office to process routine, non-controversial
matters efficiently. The rule also makes conforming changes to account
for changes in office names.
DATES: Effective Date: This rule will become effective October 29,
2007.
FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Office of the General
Counsel, 888 First Street, NE., Washington, DC 20426, (202) 502-8953.
wilbur.miller@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G.
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.
I. Discussion
1. On September 20, 2007, the Commission announced the creation of
[[Page 61053]]
the Office of Electric Reliability (OER) to focus on the development
and implementation of mandatory and enforceable reliability standards
for the nation's bulk power system. OER was formerly a division of the
Office of Energy Markets and Reliability, which will now be called the
Office of Energy Market Regulation (OEMR). The organizational change
will help implement the Commission's new regulatory authorities under
section 215 of the Energy Policy Act of 2005.\1\ To enable OER to carry
out its functions as efficiently as possible, this Final Rule adds a
new section to the Commission's regulations, 18 CFR 375.314, to
delegate to OER the authority necessary to process routine matters.
These delegations are intended to apply to uncontested, non-
controversial matters. This Final Rule also revises a number of
regulations to update office names.
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\1\ Pub. L. 109-58, sections 1211, 119 Stat. 594, 941-46 (2005)
(to be codified at 16 U.S.C. 824o).
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II. Information Collection Statement
2. The Office of Management and Budget's (OMB) regulations require
that OMB approve certain information collection requirements imposed by
agency rule.\2\ This Final Rule does not contain information reporting
requirements and is not subject to OMB approval.
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\2\ 5 CFR Part 1320.
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III. Environmental Analysis
3. 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 quality of the human
environment.\3\ Issuance of this Final Rule does not represent a major
federal action having a significant adverse effect on the quality of
the human environment under the Commission's regulations implementing
the National Environmental Policy Act. Part 380 of the Commission's
regulations lists exemptions to the requirement to draft an
Environmental Analysis or Environmental Impact Statement. Included is
an exemption for procedural, ministerial or internal administrative
actions.\4\ This rulemaking is exempt under that provision.
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\3\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
] 30,783 (1987).
\4\ 18 CFR 380.4(1) and (5).
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IV. Regulatory Flexibility Act
4. The Regulatory Flexibility Act of 1980 (RFA) \5\ generally
requires a description and analysis of final rules that will have a
significant economic impact on a substantial number of small entities.
This Final Rule concerns matters of internal agency procedure and the
Commission therefore certifies that it will not have such an impact. An
analysis under the RFA is not required.
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\5\ 5 U.S.C. 601-12.
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V. Document Availability
5. 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 p.m. Eastern time) at 888 First Street, NE., Room 2A,
Washington, DC 20426.
6. 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.
7. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or e-mail at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. E-mail the Public Reference Room at
public.referenceroom@ferc.gov.
VI. Effective Date and Congressional Notification
8. These regulations are effective immediately upon publication in
the Federal Register. In accordance with 5 U.S.C. 553(d)(3), the
Commission finds that good cause exists to make this Final Rule
effective immediately. It concerns only matters of internal operations
and will not affect the rights of persons appearing before the
Commission. There is therefore no reason to make this rule effective at
a later time.
9. The provisions of 5 U.S.C. 801 regarding Congressional review of
Final Rules do not apply to this Final Rule, because this Final Rule
concerns agency procedure and practice and will not substantially
affect the rights of non-agency parties.
10. The Commission is issuing this as a Final Rule without a period
for public comment. Under 5 U.S.C. 553(b), notice and comment
procedures are unnecessary where a rulemaking concerns only agency
procedure and practice, or where the agency finds that notice and
comment is unnecessary. This rule concerns only matters of internal
agency procedure and will not significantly affect regulated entities
or the general public.
List of Subjects
18 CFR Part 33
Electric utilities, Reporting and recordkeeping requirements,
Securities.
18 CFR Part 35
Electric power, Reporting and recordkeeping requirements.
18 CFR Part 154
Alaska, Natural gas, Natural gas companies, Pipelines, Rate
schedules and tariffs, Reporting and recordkeeping requirements.
18 CFR Part 157
Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 300
Electric power, Reporting and recordkeeping requirements.
18 CFR Part 375
Authority delegations (Government agencies), Seals and insignia,
Sunshine Act.
18 CFR Part 376
Civil defense, Organization and functions (Government agencies).
By the Commission.
Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
0
In consideration of the foregoing, the Commission amends parts 33, 35,
154, 157, 300, 375 and 376, Chapter I, Title 18, Code of Federal
Regulations, as follows.
PART 33--APPLICATIONS UNDER FEDERAL POWER ACT SECTION 203
0
1. The authority citation for part 33 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352; Pub. L. 109-58, 119 Stat. 594.
Sec. 33.10 [Amended]
0
2. Section 33.10 is amended by removing the phrase ``Markets and
Reliability'' and adding in its place the phrase ``Market Regulation.''
PART 35--FILING OF RATE SCHEDULES AND TARIFFS
0
3. The authority citation for part 35 continues to read as follows:
[[Page 61054]]
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
Sec. 35.2 [Amended]
0
4. Section 35.2(c) is amended by removing the phrase ``Markets and
Reliability'' and adding in its place the phrase ``Market Regulation.''
Sec. 35.5 [Amended]
0
5. Section 35.5(b) is amended by removing the phrase ``Markets and
Reliability'' and adding in its place the phrase ``Market Regulation.''
Sec. 35.13 [Amended]
0
6. Section 35.13(a)(3) is amended by removing the phrase ``Markets and
Reliability'' and adding in its place the phrase ``Market Regulation.''
PART 154--RATE SCHEDULES AND TARIFFS
0
7. The authority citation for part 154 continues to read as follows:
Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.
Sec. 154.5 [Amended]
0
8. Section 154.5 is amended by removing the phrase ``Markets and
Reliability'' and adding in its place the phrase ``Market Regulation.''
Sec. 154.302 [Amended]
0
9. Section 154.302(b) is amended by removing the phrase ``Markets and
Reliability'' and adding in its place the phrase ``Market Regulation.''
PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT
0
10. The authority citation for part 157 continues to read as follows:
Authority: 15 U.S.C. 717-717w.
Sec. 157.8 [Amended]
0
11. Section 157.8(a) and (c) are amended by removing the phrase
``Markets and Reliability'' and adding in its place the phrase ``Market
Regulation''.
PART 300--CONFIRMATION AND APPROVAL OF THE RATES OF FEDERAL POWER
MARKETING ADMINISTRATIONS
0
12. The authority citation for part 300 continues to read as follows:
Authority: 16 U.S.C. 825s, 832-832l, 838-838k, 839-839h; 42
U.S.C. 7101-7352; 43 U.S.C. 485-485k.
Sec. 300.10 [Amended]
0
13. Section 300.10(h)(2) is amended by removing the phrase ``Markets
and Reliability'' and adding in its place the phrase ``Market
Regulation.''
Sec. 300.20 [Amended]
0
14. Section 300.20(b)(1)(i) is amended by removing the phrase ``Markets
and Reliability'' and adding in its place the phrase ``Market
Regulation.''
PART 375--THE COMMISSION
0
15. 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; / 42 U.S.C. 16451-
16463.
0
16. Section 375.307 is amended by revising the section heading to read
as set forth below, by removing paragraph (a)(2), by redesignating
paragraphs (a)(3) through (a)(11) as paragraphs (a)(2) through (a)(10),
and by amending paragraphs (b)(1)(i), (b)(2)(i), and (b)(3)(ii) to
remove the phrase ``Markets and Reliability'' and add in its place the
phrase ``Market Regulation.''
Sec. 375.307 Delegations to the Director of the Office of Energy
Market Regulation.
* * * * *
0
17. Part 375 is amended by adding new Sec. 375.314 as follows:
Sec. 375.314 Delegations to the Director of the Office of Electric
Reliability.
The Commission authorizes the Director or the Director's designee
to:
(a) Program-Specific Delegated Authority: Take the following
actions with respect to the following programs:
(1) Section 206 of the Public Utility Regulatory Policy Act of 1978
and corresponding Section 202(g) of the Federal Power Act.
(i) Accept for filing all uncontested contingency plans regarding
shortages of electric energy or capacity, circumstances which may
result in such shortages, and accommodations of any such shortages or
circumstances, if said contingency plans comply with all applicable
statutory requirements, and with all applicable Commission rules,
regulations and orders for which waivers have not been granted, or if
waivers have been granted by the Commission, if the filings comply with
the terms of the waivers;
(ii) Reject a contingency plan regarding shortages of electric
energy or capacity, unless accompanied by a request for waiver in
conformity with Sec. 385.2001 of this chapter, if it fails patently to
comply with applicable statutory requirements and with all applicable
Commission rules, regulations and orders;
(iii) Sign and issue deficiency letters;
(iv) Act on any request or petition for waiver, consistent with
Commission policy.
(2) Section 215 of the Federal Power Act.
(i) Approve uncontested applications, including uncontested
revisions to Electric Reliability Organization or Regional Entity rules
or procedures;
(ii) Reject an application, unless accompanied by a request for
waiver in conformity with Sec. 385.2001 of this chapter, if it fails
patently to comply with applicable statutory requirements or with all
applicable Commission rules, regulations or orders;
(iii) Act on any request or petition for waiver, consistent with
Commission policy;
(iv) Sign and issue deficiency letters; and
(v) Direct the Electric Reliability Organization, Regional
Entities, or users, owners, and operators of the Bulk-Power System
within the United States (not including Alaska and Hawaii) to provide
such information as is necessary to implement Section 215 of the
Federal Power Act (16 U.S.C. 824o) pursuant to Sec. Sec. 39.2(d) and
39.11 and Part 40 of this chapter.
(b) Non-Program-Specific Delegated Authority:
(1) Take appropriate action on:
(i) Any notice of intervention or motion to intervene filed in an
uncontested proceeding processed by the Office of Electric Reliability;
and
(ii) Applications for extensions of time to file required filings,
reports, data and information and to perform other acts required at or
within a specific time by any rule, regulation, license, permit,
certificate, or order by the Commission.
(2) Take appropriate action on requests or petitions for waivers of
filing requirements for the appropriate statements and reports
processed by the Office of Electric Reliability pursuant to Sec. Sec.
141.51 and 141.300 of this chapter; and
(3) Undertake the following actions:
(i) Issue reports for public information purposes. Any report
issued without Commission approval must:
(A) Be of a noncontroversial nature, and
(B) Contain the statement, ``This report does not necessarily
reflect the views of the Commission,'' in bold face type on the cover;
(ii) Upon request or otherwise, issue staff position papers to
further the
[[Page 61055]]
Electric Reliability Organization and Regional Entity reliability
standard development process. Any such staff position paper issued
without Commission approval must contain the statement, ``This position
paper does not necessarily reflect the views of the Commission,'' in
bold face type on the cover;
(iii) Issue and sign requests for additional information regarding
applications, filings, reports and data processed by the Office of
Electric Reliability.
(iv) Accept for filing, data and reports required by Commission
regulations, rules or orders, or presiding officers' initial decisions
upon which the Commission has taken no further action, if such filings
are in compliance with such regulations, rules, orders or decisions
and, when appropriate, notify the filing party of such acceptance.
PART 376--ORGANIZATION, MISSION, AND FUNCTIONS; OPERATIONS DURING
EMERGENCY CONDITIONS
0
18. The authority citation for part 376 continues to read as follows:
Authority: 5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009; 3 CFR
1978 Comp., p. 142.
0
19. Section 376.204 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 376.204 Delegation of Commission's authority during emergency
conditions.
* * * * *
(b) * * *
(2) The list referred to in paragraph (b)(1) of this section is:
(i) The Executive Director;
(ii) Director of the Office of Energy Market Regulation;
(iii) Director of the Office of Energy Projects;
(iv) Director of the Office of Electric Reliability;
(v) General Counsel;
(vi) Director of the Office of Enforcement;
(vii) Deputy Directors, Office of Energy Market Regulation, in
order of seniority;
(viii) Deputy Directors, Office of Energy Projects, in order of
seniority;
(ix) Deputy Directors, Office of Electric Reliability, in order of
seniority;
(x) Deputy General Counsels, in order of seniority;
(xi) Associate General Counsels and Solicitor, in order of
seniority;
(xii) Assistant Directors and Division heads, Office of Energy
Market Regulation; Assistant Directors and Division heads, Office of
Energy Projects; Assistant Directors and Division heads, Office of
Electric Reliability; Deputy Associate General Counsels; and Assistant
Directors and Division heads, Office of Enforcement; in order of
seniority.
* * * * *
[FR Doc. E7-20969 Filed 10-26-07; 8:45 am]
BILLING CODE 6717-01-P
