Service of Interlocutory Appeals, 41037-41039 [E9-19471]
Download as PDF
<![CDATA[
41037
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations
§ 801.12 Rules and regulations for the BE–
140, Benchmark Survey of Insurance
Transactions by U.S. Insurance Companies
with Foreign Persons.
(a) The BE–140, Benchmark Survey of
Insurance Transactions by U.S.
Insurance Companies with Foreign
Persons, will be conducted covering
calendar year 2008 and every fifth year
thereafter. All legal authorities,
provisions, definitions, and
requirements contained in § 801.1
through § 801.9(a) are applicable to this
survey. More detailed instructions and
descriptions of the individual types of
transactions covered are given on the
report form itself. The BE–140 consists
of three parts and two schedules. Part 1
requests information on whom to
consult concerning questions about the
report and the certification section. Part
2 requests information about the
reporting insurance company. Part 3
requests information needed to
determine whether a report is required,
the types of transactions that would be
reported, and which schedules apply.
Each of the two schedules covers the
types of insurance services to be
reported and the ownership relationship
between the U.S. insurance company
and foreign transactor and is to be
completed only if the U.S. insurance
company has transactions of the types
covered by the particular schedule.
(b) Who must report.
(1) Mandatory reporting. A BE–140
report is required from each U.S.
insurance company with respect to the
transactions listed below, if any of the
eight items was greater than $2 million
or less than negative $2 million for the
calendar year covered by the survey on
an accrual basis:
(i) Premiums earned, and
(ii) Losses, on reinsurance assumed;
(iii) Premiums incurred, and
(iv) Losses, on reinsurance ceded;
(v) Premiums earned, and
(vi) Losses, on primary insurance
sold;
(vii) Sales of, and
(viii) Purchases of, auxiliary
insurance services.
U.S. insurance companies that file
pursuant to this mandatory reporting
requirement must complete parts 1
through 3 of Form BE–140 and all
applicable schedules. The total amounts
of transactions applicable to a particular
schedule are to be entered in the
appropriate column(s) and these
amounts must be distributed among the
countries involved in the transactions.
(2) Voluntary reporting. If, during the
calendar year covered, the U.S.
insurance company’s transactions do
not exceed the exemption level for any
of the types of transactions covered by
the survey, the U.S. person is requested
to provide an estimate of the total for
each type of transaction. Submission of
this information is voluntary. The
estimates may be judgmental, that is,
based on recall, without conducting a
detailed records search.
(3) Any U.S. insurance company that
receives the BE–140 survey form from
BEA, but is not reporting data in either
the mandatory or voluntary section of
the form, must complete Parts 1 through
3 of the survey. This requirement is
necessary to ensure compliance with
reporting requirements and efficient
administration of the Act by eliminating
unnecessary follow-up contact.
(c) Covered types of insurance
transactions. The BE–140 survey is
intended to collect information on U.S.
international insurance transactions.
The types of insurance transactions
covered are: Reinsurance assumed from
or ceded to insurance companies
resident abroad, primary insurance sold
to foreign persons, and receipts and
payments of auxiliary insurance
services.
[FR Doc. E9–19517 Filed 8–13–09; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 385
[Docket No. RM09–20–000; Order No. 725]
Service of Interlocutory Appeals
Issued August 10, 2009.
AGENCY: Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
SUMMARY: The Commission is amending
regulations which specify on whom
persons appealing a presiding officer’s
denial of a motion to permit an
interlocutory appeal must serve copies
of the appeal. The amendment requires
that any person filing an appeal must
separately serve a copy on not only the
Motions Commissioner but also on the
General Counsel.
DATES: Effective Date: This rule will
become effective September 14, 2009.
FOR FURTHER INFORMATION CONTACT:
Lawrence Greenfield, Deputy Associate
General Counsel, Office of the General
Counsel, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
6415, lawrence.greenfield@ferc.gov.
Kirsten M. Bowden, Office of the
General Counsel, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
8877, kirsten.bowden@ferc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph
Nos.
I. Introduction ...........................................................................................................................................................................................
II. Background ...........................................................................................................................................................................................
III. Discussion ...........................................................................................................................................................................................
IV. Information Collection Statement ......................................................................................................................................................
V. Environmental Analysis ......................................................................................................................................................................
VI. Regulatory Flexibility Act ..................................................................................................................................................................
VII. Document Availability ......................................................................................................................................................................
VIII. Effective Date ....................................................................................................................................................................................
mstockstill on DSKH9S0YB1PROD with RULES
I. Introduction
1. By this instant final rule, the
Commission is amending Rule 715(c)(1)
of its Rules of Practice and Procedure,
18 CFR 385.715(c)(1), which governs the
appeal process when a presiding officer
has denied a motion to permit an
interlocutory appeal. This amendment
VerDate Nov<24>2008
16:09 Aug 13, 2009
Jkt 217001
specifies on whom persons appealing a
presiding officer’s denial of a motion to
permit an interlocutory appeal must
serve copies of the appeal. Given that
the Motions Commissioner has only
seven days to act on an interlocutory
appeal, it is important that the Motions
Commissioner be made aware of the
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
1
2
5
9
10
11
12
15
appeal as quickly as possible.
Accordingly, the amendment adopted
here requires that any person filing an
appeal must serve a copy not only on
the Motions Commissioner but also on
the General Counsel.
E:\FR\FM\14AUR1.SGM
14AUR1
41038
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations
II. Background
2. On April 28, 1982, the Commission
promulgated Order No. 225,1
reorganizing revising, and updating its
Rules of Practice and Procedure.
3. In Order No. 225, the Commission
adopted Rule 715, which governs
interlocutory appeals to the Commission
and sets forth the relevant standard by
which a presiding officer or the Motions
Commissioner determines whether to
permit or deny an interlocutory appeal
to the Commission. These procedures
allow a question raised in a proceeding
pending before a judge, or other
presiding officer, to be determined by
the Commission at a time prior to
presentation of the entire case to the
Commission for decision or review.2
4. In Order No. 402, the Commission
revised Rule 715 and required that those
filing an appeal of a denial of a motion
to permit an interlocutory appeal
separately serve an additional copy of
the appeal on the Motions
Commissioner.3
III. Discussion
mstockstill on DSKH9S0YB1PROD with RULES
5. The Commission is amending Rule
715(c)(1) to require persons filing an
interlocutory appeal to serve an
additional copy of the appeal of a denial
of a motion to permit an interlocutory
appeal on the General Counsel.
6. The Motions Commissioner has
seven days after an appeal is filed to
make a determination as to whether or
not the participant that has filed the
appeal has demonstrated extraordinary
circumstances that warrant Commission
action.4 Within those seven days, the
Motions Commissioner must: (1) Obtain
the participant’s filing; (2) consider
whether the information presented is
sufficiently complete; and (3) determine
whether extraordinary circumstances
exist which make prompt Commission
review of the contested ruling necessary
to prevent detriment to the public
interest or to prevent irreparable harm
to a person. If no extraordinary
circumstances determination is made
within seven days after the appeal is
filed and if the Motions Commissioner
has not otherwise provided for a
different time period to receive and
consider additional information, the
1 Revision of Rules of Practice and Procedure To
Expedite Trial-Type Hearings, Order No. 225, 47 FR
19014 (May 3, 1982), FERC Stats. & Regs. ¶ 30,358
(1982), order on reh’g, Order No. 225–A, 47 FR
35952 (August 18, 1982), FERC Stats. & Regs.
¶ 30,385 (1982).
2 18 CFR 385.715.
3 Rules of Practice and Procedure; Interlocutory
Appeals, Order No. 402, 49 FR 39538 (October 9,
1984), FERC Stats. & Regs. ¶ 30,604 (1984).
4 18 CFR 385.715.
VerDate Nov<24>2008
16:09 Aug 13, 2009
Jkt 217001
appeal is automatically denied under
Rule 715(c)(5).5
7. The Motions Commissioner, as
noted, has only seven days to decide
whether an appeal meets the
extraordinary circumstances standard.
Thus, it is important that the Motions
Commissioner be made aware of the
appeal as quickly as possible.6
8. The Commission believes that
serving a copy of the appeal on the
General Counsel, in addition to the
Motions Commissioner, will better
ensure that the Motions Commissioner
receives the appeal in sufficient time to
reach a decision.
IV. Information Collection Statement
9. Office of Management and Budget
(OMB) regulations require OMB to
approve certain information collection
requirements imposed by agency rule.7
However, this instant Final Rule does
not contain any information collection
requirements and compliance with
OMB regulations is thus not required.
V. Environmental Analysis
10. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.8 Issuance of this Final
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
of 1969. 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.9 This
rulemaking is exempt under that
provision.
VI. Regulatory Flexibility Act
11. The Regulatory Flexibility Act of
1980 (RFA) 10 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
5 Id.; Rules of Practice and Procedure;
Interlocutory Appeals, Order No. 402, 49 FR 39538
(October 9, 1984), FERC Stats. & Regs. ¶ 30,604
(1984).
6 18 CFR 385.715; Rules of Practice and
Procedure; Interlocutory Appeals, Order No. 402, 49
FR 39538 (October 9, 1984), FERC Stats. & Regs.
¶ 30,604 (1984).
7 5 CFR 1320.12.
8 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783
(1987).
9 18 CFR 380.4(a)(1).
10 5 U.S.C. 601–12.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
entities. This instant Final Rule
concerns agency procedures. The
Commission certifies that it will not
have a significant economic impact
upon participants in Commission
proceedings. An analysis under the RFA
is not required.
VII. Document Availability
12. 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.
13. 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.
14. 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.
VIII. Effective Date
15. The Commission is issuing this
rule as an instant 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 or practice, or where the
agency finds that notice and comment is
unnecessary. This rule concerns only
matters of agency procedure and will
not significantly affect regulated entities
or the general public.
16. These regulations are effective
September 14, 2009.
List of Subjects in 18 CFR Part 385
Administrative practice and
procedure, Electric utilities, Penalties,
Pipelines, Reporting and recordkeeping
requirements.
By the Commission.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the
Commission amends Part 385, Chapter I,
■
E:\FR\FM\14AUR1.SGM
14AUR1
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations
Title 18, Code of Federal Regulations, as
follows:
PART 385—RULES OF PRACTICE AND
PROCEDURE
1. The authority citation for part 385
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717z, 3301–3432; 16 U.S.C. 791a–825v,
2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
9701; 42 U.S.C. 7101–7352, 16441, 16451–
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
(1988).
2. Section 385.715, paragraph (c)(1), is
revised to read as follows:
■
§ 385.715 Interlocutory appeals to the
Commission from rulings of presiding
officers (Rule 715).
*
*
*
*
*
(c) Appeal of a presiding officer’s
denial of motion to permit appeal. (1) If
a motion to permit appeal is denied by
the presiding officer, the participant
who made the motion may appeal the
denial to the Commissioner who is
designated Motions Commissioner, in
accordance with this paragraph. For
purposes of this section, ‘‘Motions
Commissioner’’ means the Chairman or
a member of the Commission designated
by the Chairman to rule on motions to
permit interlocutory appeal. Any person
filing an appeal under this paragraph
must serve separate copies of the appeal
on the Motions Commissioner and on
the General Counsel by Express Mail or
by hand delivery.
*
*
*
*
*
[FR Doc. E9–19471 Filed 8–13–09; 8:45 am]
BILLING CODE 6717–01–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Part 4022
Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions
for Valuing and Paying Benefits
AGENCY: Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
Pension Benefit Guaranty
Corporation’s regulation on Benefits
Payable in Terminated Single-Employer
Plans prescribes interest assumptions
for valuing and paying certain benefits
under terminating single-employer
plans. This final rule amends the benefit
payments regulation to adopt interest
assumptions for plans with valuation
mstockstill on DSKH9S0YB1PROD with RULES
SUMMARY:
VerDate Nov<24>2008
16:09 Aug 13, 2009
Jkt 217001
dates in September 2009. Interest
assumptions are also published on
PBGC’s Web site (https://www.pbgc.gov).
DATES: Effective September 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Manager, Regulatory
and Policy Division, Legislative and
Regulatory Department, Pension Benefit
Guaranty Corporation, 1200 K Street,
NW., Washington, DC 20005, 202–326–
4024. (TTY/TDD users may call the
Federal relay service toll-free at 1–800–
877–8339 and ask to be connected to
202–326–4024.)
SUPPLEMENTARY INFORMATION: PBGC’s
regulations prescribe actuarial
assumptions—including interest
assumptions—for valuing and paying
plan benefits of terminating singleemployer plans covered by title IV of
the Employee Retirement Income
Security Act of 1974. The interest
assumptions are intended to reflect
current conditions in the financial and
annuity markets.
These interest assumptions are found
in two PBGC regulations: the regulation
on Benefits Payable in Terminated
Single-Employer Plans (29 CFR Part
4022) and the regulation on Allocation
of Assets in Single-Employer Plans (29
CFR Part 4044). Assumptions under the
asset allocation regulation are updated
quarterly; assumptions under the benefit
payments regulation are updated
monthly. This final rule updates only
the assumptions under the benefit
payments regulation.
Two sets of interest assumptions are
prescribed under the benefit payments
regulation: (1) a set for PBGC to use to
determine whether a benefit is payable
as a lump sum and to determine lumpsum amounts to be paid by PBGC (found
in Appendix B to Part 4022), and (2) a
set for private-sector pension
practitioners to refer to if they wish to
use lump-sum interest rates determined
using PBGC’s historical methodology
(found in Appendix C to Part 4022).
This amendment (1) adds to
Appendix B to Part 4022 the interest
assumptions for PBGC to use for its own
lump-sum payments in plans with
valuation dates during September 2009,
and (2) adds to Appendix C to Part 4022
the interest assumptions for privatesector pension practitioners to refer to if
they wish to use lump-sum interest rates
determined using PBGC’s historical
methodology for valuation dates during
September 2009.
The interest assumptions that PBGC
will use for its own lump-sum payments
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
41039
(set forth in Appendix B to part 4022)
will be 3.00 percent for the period
during which a benefit is in pay status
and 4.00 percent during any years
preceding the benefit’s placement in pay
status. These interest assumptions
represent no change from those in effect
for August 2009. For private-sector
payments, the interest assumptions (set
forth in Appendix C to part 4022) will
be the same as those used by PBGC for
determining and paying lump sums (set
forth in Appendix B to part 4022).
PBGC has determined that notice and
public comment on this amendment are
impracticable and contrary to the public
interest. This finding is based on the
need to determine and issue new
interest assumptions promptly so that
the assumptions can reflect current
market conditions as accurately as
possible.
Because of the need to provide
immediate guidance for the valuation
and payment of benefits in plans with
valuation dates during September 2009,
PBGC finds that good cause exists for
making the assumptions set forth in this
amendment effective less than 30 days
after publication.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
List of Subjects in 29 CFR Part 4022
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 29
CFR part 4022 is amended as follows:
■
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
1. The authority citation for part 4022
continues to read as follows:
■
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
2. In appendix B to part 4022, Rate Set
191, as set forth below, is added to the
table.
■
Appendix B to Part 4022—Lump Sum
Interest Rates for PBGC Payments
*
E:\FR\FM\14AUR1.SGM
*
*
14AUR1
*
*
]]>Agencies
[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Rules and Regulations]
[Pages 41037-41039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19471]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 385
[Docket No. RM09-20-000; Order No. 725]
Service of Interlocutory Appeals
Issued August 10, 2009.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is amending regulations which specify on whom
persons appealing a presiding officer's denial of a motion to permit an
interlocutory appeal must serve copies of the appeal. The amendment
requires that any person filing an appeal must separately serve a copy
on not only the Motions Commissioner but also on the General Counsel.
DATES: Effective Date: This rule will become effective September 14,
2009.
FOR FURTHER INFORMATION CONTACT:
Lawrence Greenfield, Deputy Associate General Counsel, Office of the
General Counsel, 888 First Street, NE., Washington, DC 20426, (202)
502-6415, lawrence.greenfield@ferc.gov.
Kirsten M. Bowden, Office of the General Counsel, 888 First Street,
NE., Washington, DC 20426, (202) 502-8877, kirsten.bowden@ferc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph
Nos.
I. Introduction............................................. 1
II. Background.............................................. 2
III. Discussion............................................. 5
IV. Information Collection Statement........................ 9
V. Environmental Analysis................................... 10
VI. Regulatory Flexibility Act.............................. 11
VII. Document Availability.................................. 12
VIII. Effective Date........................................ 15
I. Introduction
1. By this instant final rule, the Commission is amending Rule
715(c)(1) of its Rules of Practice and Procedure, 18 CFR 385.715(c)(1),
which governs the appeal process when a presiding officer has denied a
motion to permit an interlocutory appeal. This amendment specifies on
whom persons appealing a presiding officer's denial of a motion to
permit an interlocutory appeal must serve copies of the appeal. Given
that the Motions Commissioner has only seven days to act on an
interlocutory appeal, it is important that the Motions Commissioner be
made aware of the appeal as quickly as possible. Accordingly, the
amendment adopted here requires that any person filing an appeal must
serve a copy not only on the Motions Commissioner but also on the
General Counsel.
[[Page 41038]]
II. Background
2. On April 28, 1982, the Commission promulgated Order No. 225,\1\
reorganizing revising, and updating its Rules of Practice and
Procedure.
---------------------------------------------------------------------------
\1\ Revision of Rules of Practice and Procedure To Expedite
Trial-Type Hearings, Order No. 225, 47 FR 19014 (May 3, 1982), FERC
Stats. & Regs. ] 30,358 (1982), order on reh'g, Order No. 225-A, 47
FR 35952 (August 18, 1982), FERC Stats. & Regs. ] 30,385 (1982).
---------------------------------------------------------------------------
3. In Order No. 225, the Commission adopted Rule 715, which governs
interlocutory appeals to the Commission and sets forth the relevant
standard by which a presiding officer or the Motions Commissioner
determines whether to permit or deny an interlocutory appeal to the
Commission. These procedures allow a question raised in a proceeding
pending before a judge, or other presiding officer, to be determined by
the Commission at a time prior to presentation of the entire case to
the Commission for decision or review.\2\
---------------------------------------------------------------------------
\2\ 18 CFR 385.715.
---------------------------------------------------------------------------
4. In Order No. 402, the Commission revised Rule 715 and required
that those filing an appeal of a denial of a motion to permit an
interlocutory appeal separately serve an additional copy of the appeal
on the Motions Commissioner.\3\
---------------------------------------------------------------------------
\3\ Rules of Practice and Procedure; Interlocutory Appeals,
Order No. 402, 49 FR 39538 (October 9, 1984), FERC Stats. & Regs. ]
30,604 (1984).
---------------------------------------------------------------------------
III. Discussion
5. The Commission is amending Rule 715(c)(1) to require persons
filing an interlocutory appeal to serve an additional copy of the
appeal of a denial of a motion to permit an interlocutory appeal on the
General Counsel.
6. The Motions Commissioner has seven days after an appeal is filed
to make a determination as to whether or not the participant that has
filed the appeal has demonstrated extraordinary circumstances that
warrant Commission action.\4\ Within those seven days, the Motions
Commissioner must: (1) Obtain the participant's filing; (2) consider
whether the information presented is sufficiently complete; and (3)
determine whether extraordinary circumstances exist which make prompt
Commission review of the contested ruling necessary to prevent
detriment to the public interest or to prevent irreparable harm to a
person. If no extraordinary circumstances determination is made within
seven days after the appeal is filed and if the Motions Commissioner
has not otherwise provided for a different time period to receive and
consider additional information, the appeal is automatically denied
under Rule 715(c)(5).\5\
---------------------------------------------------------------------------
\4\ 18 CFR 385.715.
\5\ Id.; Rules of Practice and Procedure; Interlocutory Appeals,
Order No. 402, 49 FR 39538 (October 9, 1984), FERC Stats. & Regs. ]
30,604 (1984).
---------------------------------------------------------------------------
7. The Motions Commissioner, as noted, has only seven days to
decide whether an appeal meets the extraordinary circumstances
standard. Thus, it is important that the Motions Commissioner be made
aware of the appeal as quickly as possible.\6\
---------------------------------------------------------------------------
\6\ 18 CFR 385.715; Rules of Practice and Procedure;
Interlocutory Appeals, Order No. 402, 49 FR 39538 (October 9, 1984),
FERC Stats. & Regs. ] 30,604 (1984).
---------------------------------------------------------------------------
8. The Commission believes that serving a copy of the appeal on the
General Counsel, in addition to the Motions Commissioner, will better
ensure that the Motions Commissioner receives the appeal in sufficient
time to reach a decision.
IV. Information Collection Statement
9. Office of Management and Budget (OMB) regulations require OMB to
approve certain information collection requirements imposed by agency
rule.\7\ However, this instant Final Rule does not contain any
information collection requirements and compliance with OMB regulations
is thus not required.
---------------------------------------------------------------------------
\7\ 5 CFR 1320.12.
---------------------------------------------------------------------------
V. Environmental Analysis
10. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\8\ Issuance
of this Final 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 of 1969. 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.\9\ This rulemaking is exempt under
that provision.
---------------------------------------------------------------------------
\8\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
] 30,783 (1987).
\9\ 18 CFR 380.4(a)(1).
---------------------------------------------------------------------------
VI. Regulatory Flexibility Act
11. The Regulatory Flexibility Act of 1980 (RFA) \10\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
This instant Final Rule concerns agency procedures. The Commission
certifies that it will not have a significant economic impact upon
participants in Commission proceedings. An analysis under the RFA is
not required.
---------------------------------------------------------------------------
\10\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------
VII. Document Availability
12. 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.
13. 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.
14. 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.
VIII. Effective Date
15. The Commission is issuing this rule as an instant 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 or practice, or where the agency finds that notice and
comment is unnecessary. This rule concerns only matters of agency
procedure and will not significantly affect regulated entities or the
general public.
16. These regulations are effective September 14, 2009.
List of Subjects in 18 CFR Part 385
Administrative practice and procedure, Electric utilities,
Penalties, Pipelines, Reporting and recordkeeping requirements.
By the Commission.
Kimberly D. Bose,
Secretary.
0
In consideration of the foregoing, the Commission amends Part 385,
Chapter I,
[[Page 41039]]
Title 18, Code of Federal Regulations, as follows:
PART 385--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 385 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988).
0
2. Section 385.715, paragraph (c)(1), is revised to read as follows:
Sec. 385.715 Interlocutory appeals to the Commission from rulings of
presiding officers (Rule 715).
* * * * *
(c) Appeal of a presiding officer's denial of motion to permit
appeal. (1) If a motion to permit appeal is denied by the presiding
officer, the participant who made the motion may appeal the denial to
the Commissioner who is designated Motions Commissioner, in accordance
with this paragraph. For purposes of this section, ``Motions
Commissioner'' means the Chairman or a member of the Commission
designated by the Chairman to rule on motions to permit interlocutory
appeal. Any person filing an appeal under this paragraph must serve
separate copies of the appeal on the Motions Commissioner and on the
General Counsel by Express Mail or by hand delivery.
* * * * *
[FR Doc. E9-19471 Filed 8-13-09; 8:45 am]
BILLING CODE 6717-01-P
