Delegations for Notices of Penalty, 57246-57248 [E9-26635]

Download as PDF 57246 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Rules and Regulations that was published at 74 FR 3313933140 on July 10, 2009. Done in Washington, DC, this 30th day of October 2009. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E9–26678 Filed 11–4–09: 1:22 pm] BILLING CODE 3410–34–S DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2009–0970; Airspace Docket No. 09–ANM–15] RIN 2120–AA66 Revision of Colored Federal Airway; Washington AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. This action revises Colored Federal Airway Amber 1 (A–1), by adding a segment from the Abbotsford, BC, Non-directional Beacon (NDB) to the Victoria, BC, NDB. Specifically, the FAA is taking this action to enhance the management of air traffic during the 2010 Winter Olympics at the request of the Canadian Government. DATES: Effective Date: 0901 UTC, December 17, 2009. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: SUMMARY: erowe on DSK5CLS3C1PROD with RULES The Rule The FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71 to revise Colored Federal Airway A–1, by adding a segment to the airway between Abbotsford, BC, and Victoria, BC, through United States airspace delegated to Canada for air traffic control. The Government of Canada requested the revision of A–1 to provide a low altitude route segment between Abbotsford NDB and Victoria NDB to support the 2010 Winter Olympics. Colored Federal Airways are published in paragraph 6009 of FAA VerDate Nov<24>2008 14:36 Nov 04, 2009 Jkt 220001 Order 7400.9T, signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Colored Federal Airway listed in this document will be published subsequently in the Order. 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. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (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, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Therefore, notice and public procedures under 5 U.S.C. 553(a) are unnecessary. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it revises a Federal Airway within the State of Washington. Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: ■ PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 7400.9T Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009, is amended as follows: ■ Paragraph 6009(c) * * * Amber Federal Airways * * A–1 [Revised] From Abbotsford, BC Canada NDB, to Victoria, BC Canada NDB, Sandspit, BC, Canada, NDB 96 miles 12 AGL, 102 miles 35 MSL, 57 miles 12 AGL, via Sitka, AK, NDB; 31 miles 12 AGL, 50 miles 47 MSL, 88 miles 20 MSL, 40 miles 12 AGL, Ocean Cape, AK, NDB; INT Ocean Cape NDB 283° and Orca Bay, AK, NDB 106° bearings; Orca Bay NDB; INT Orca Bay 285° and Campbell Lake, AK, NDB 123° bearings; Campbell Lake NDB; Takotna River, AK, NDB; 24 miles 12 AGL, 53 miles 55 MSL; 51 miles 40 MSL, 25 miles 12 AGL, North River, AK, NDB; 17 miles 12 AGL, 89 miles 25 MSL, 17 miles 12 AGL, to Fort Davis, AK, NDB. Excluding that airspace within Canada. * * * * * Issued in Washington, DC, October 21, 2009. Edith V. Parish, Manager, Airspace and Rules Group. [FR Doc. E9–26374 Filed 11–4–09; 8:45 am] BILLING CODE 4910–13–P Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 375 [Docket No. RM10–2–000; Order No. 728] Delegations for Notices of Penalty October 30, 2009. List of Subjects in 14 CFR Part 71 AGENCY: Federal Energy Regulatory Commission, Energy. ACTION: Final rule. Airspace, Incorporation by reference, Navigation (air). SUMMARY: The Commission is revising its regulations to delegate authority to PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.SGM 05NOR1 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Rules and Regulations erowe on DSK5CLS3C1PROD with RULES the Secretary of the Commission and to the Director of the Office of Enforcement to take specified actions in order to process certain Notices of Penalty issued by the North American Electric Reliability Corporation. These revisions are necessary to enable the Commission to process routine, non-controversial Notices of Penalty in a timely and efficient manner. DATES: Effective Date: This rule will become effective November 5, 2009. FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. (202) 502–8953. Wilbur.Miller@FERC.gov. SUPPLEMENTARY INFORMATION: Before Commissioners: Jon Wellinghoff, Chairman, Suedeen G. Kelly, Marc Spitzer, and Philip D. Moeller. 1. The Commission is issuing this Final Rule to revise its delegations of authority to allow for the efficient and timely processing of Notices of Penalty (Notices) issued by the North American Electric Reliability Corporation (NERC). These revisions will permit the Director of the Office of Enforcement and the Secretary of the Commission to process routine, non-controversial Notices that propose zero dollar penalties and do not require further consideration by the Commission and to issue public notices stating as much. The Director of the Office of Enforcement will also be able to direct the submission of further information from NERC or other entities where necessary as to Notices without the need for action by the Commission. I. Background 2. Under section 215(e) of the Federal Power Act (FPA), NERC as the Electric Reliability Organization (ERO) must file each Notice with the Commission.1 The penalty is subject to Commission review upon its own motion or upon application by the entity subject to the proposed penalty within 30 days. If no review is sought or initiated, the penalty takes effect by operation of law. 3. Currently, when the Commission receives a Notice, it is analyzed within the thirty day period by staff from the Office of Enforcement, the Office of Electric Reliability, and the Office of General Counsel. Those offices recommend to the Commission whether it should allow the Notice to become effective by operation of law. The Commission conducts a vote and, if it decides that no further action is warranted, instructs the Secretary to 1 16 14:36 Nov 04, 2009 II. Discussion 5. The Commission concludes that, in many cases involving the assessment of zero dollar penalties, Notices can be processed without the need for a formal Commission vote. In proceedings involving non-controversial zero dollar penalties, a Notice can be processed more efficiently by allowing the Secretary to issue a notice indicating that the Commission will take no further action. Further, the Commission believes that the Director of the Office of Enforcement should be able to direct the submission of further information from NERC or other entities regarding Notices and extend the time for consideration of a Notice to consider this information. Consequently, this Final Rule delegates the necessary authority to the Director of the Office of Enforcement and to the Secretary to undertake such actions in connection with Notices that assess a zero dollar penalty and do not raise other significant concerns or issues. 6. The Commission notes that our current regulations permit the Director of the Office of Electric Reliability to collect information from NERC or from Regional Entities, but the Director of the Office of Enforcement lacks similar authority. The Commission believes that the Director of the Office of Enforcement should have the similar authority to direct NERC or the applicable Regional Entity to submit further information on a Notice where the Commission does not have sufficient information to reach a decision on the Notice. To facilitate the gathering of this information, the Director of the Office of Enforcement should also have the authority to extend the time for consideration of a Notice to consider the new information. This Final Rule adds both authorities to the Office of Enforcement’s delegations. 7. Under FPA section 215, a Notice takes effect by operation of law if no 2 See North American Electric Reliability Corp., 127 FERC ¶ 61,198 (2009). U.S.C. 824o(e) (2006). VerDate Nov<24>2008 issue a public notice to that effect. Based upon the Commission’s experience thus far, it appears likely that, in most cases, Notices in which a registered entity is assessed a zero monetary penalty will become effective in this manner. 4. On occasion, staff will conclude that further information is needed for the proper consideration of a Notice. In such cases, Commission staff will recommend that the Commission direct NERC to provide further information and extend the thirty-day period to allow the Commission to analyze the information received.2 Jkt 220001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 57247 review is sought or initiated. This does not require affirmative Commission action, and the Commission’s regulations do not provide for any formal procedure by which the Commission must decide to take no action. The Commission has generally issued a notice indicating that it will not further review on its own motion the Notice. However, unlike other administrative notices, the Secretary lacks the authority to issue a public notice that no further review will take place, absent action by the Commission. This Final Rule therefore adds such authority to the Secretary’s delegations. 8. Although the delegations do not specify in what circumstances a Notice should be allowed to become effective without an affirmative vote by the Commission, it will be Commission policy that Notices will not need a formal Commission vote only in zero dollar penalty cases that do not raise significant concerns or other issues. The following circumstances will necessitate a formal Commission vote to issue a notice that the Commission will not further review the Notice: Æ A penalty assessment or settlement involving a dollar amount greater than zero; Æ A penalty that appears low based on the facts presented; Æ Conduct or an event that may pose a high risk to the Bulk-Power System; Æ An event that resulted in loss of load to customers; Æ A special or unique legal question, such as Commission jurisdiction; Æ A Notice that results from a live hearing process at the Regional Entity or ERO level, i.e., a contest by the registered entity; Æ A Notice resulting from NERC’s enforcement efforts (as opposed to violations addressed in the first instance by one of the eight Regional Entities); Æ A Notice that involves intent to violate a Reliability Standard or falsification of records; Æ A Notice with a record that fails to justify the finding of a violation or the proposed penalty amount; and Æ Any other matter worthy of Commission attention. III. Information Collection Statement 9. The Office of Management and Budget’s (OMB) regulations require that OMB approve certain information collection requirements imposed by agency rule.3 This Final Rule does not contain information reporting requirements and is not subject to OMB approval. 35 CFR Part 1320. E:\FR\FM\05NOR1.SGM 05NOR1 57248 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Rules and Regulations IV. 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 quality of the human environment.4 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.5 This rulemaking is exempt under that provision. V. Regulatory Flexibility Act 11. The Regulatory Flexibility Act of 1980 (RFA) 6 generally requires a description and analysis of final rules that will have significant economic impact on a substantial number of small entities. This Final Rule concerns matters of internal agency procedure. The Commission therefore certifies that it will not have such an impact. An analysis under the RFA is not required. erowe on DSK5CLS3C1PROD with RULES VI. 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 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. 13. From FERC’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 FERC’s Web site during normal business hours from FERC Online Support at 202–502–6652 (toll 4 Regulations Implementing the National Environmental Policy Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 (1987). 5 18 CFR 380.4(1) and (5). 6 5 U.S.C. 601–612. VerDate Nov<24>2008 14:36 Nov 04, 2009 Jkt 220001 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. VII. Effective Date and Congressional Notification 15. 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 makes minor revisions to matters of internal operations and is unlikely to affect the rights of persons appearing before the Commission. There is therefore no reason to make this rule effective at a later time. 16. 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. 17. 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 in 18 CFR Part 375 Authority delegations (Government agencies), Seals and insignia, Sunshine Act. By the Commission. Nathaniel J. Davis, Sr., Deputy Secretary. PART 375—THE COMMISSION 1. 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, 16451– 16463. 2. Section 375.302 is amended by adding paragraph (aa) as follows: ■ Delegations to the Secretary. * * * * * (aa) Issue a notice that the Commission will not further review on PO 00000 Frm 00006 Fmt 4700 3. Section 375.311 is amended by adding paragraphs (u) and (v) as follows: ■ § 375.311 Delegations to the Director of the Office of Enforcement. * * * * * (u) Direct the Electric Reliability Organization or the applicable Regional Entity to provide such information as is necessary to implement Section 215(e)(2) of the Federal Power Act (16 U.S.C. 824o(e)(2)) pursuant to § 39.2 and Part 40 of this chapter. (v) Issue an order extending the period of time for consideration of a Notice of Penalty filed under Section 215(e) of the Federal Power Act for the purpose of directing the Electric Reliability Organization or the applicable Regional Entity to provide such information as is necessary to implement Section 215(e)(2) of the Federal Power Act (16 U.S.C. 824o(e)(2)) pursuant to § 39.2 and Part 40 of this chapter. [FR Doc. E9–26635 Filed 11–4–09; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 73 [Docket No. FDA–2007–C–0044] (formerly Docket No. 2007C–0474) Listing of Color Additives Exempt From Certification; Astaxanthin Dimethyldisuccinate AGENCY: In consideration of the foregoing, the Commission amends Part 375, Chapter I, Title 18, Code of Federal Regulations, as follows. ■ § 375.302 its own motion a Notice of Penalty filed under Section 215(e) of the Federal Power Act. Sfmt 4700 Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is amending the color additive regulations to provide for the safe use of astaxanthin dimethyldisuccinate as a color additive in the feed of salmonid fish to enhance the color of their flesh. This action is in response to a petition filed by DSM Nutritional Products, Inc. DATES: This rule is effective December 8, 2009, except as to any provisions that may be stayed by the filing of proper objections. Submit electronic or written objections and requests for a hearing by December 7, 2009. See section X of this document for information on the filing of objections. E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Rules and Regulations]
[Pages 57246-57248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26635]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM10-2-000; Order No. 728]


Delegations for Notices of Penalty

October 30, 2009.
AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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

SUMMARY: The Commission is revising its regulations to delegate 
authority to

[[Page 57247]]

the Secretary of the Commission and to the Director of the Office of 
Enforcement to take specified actions in order to process certain 
Notices of Penalty issued by the North American Electric Reliability 
Corporation. These revisions are necessary to enable the Commission to 
process routine, non-controversial Notices of Penalty in a timely and 
efficient manner.

DATES: Effective Date: This rule will become effective November 5, 
2009.

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

SUPPLEMENTARY INFORMATION:
    Before Commissioners: Jon Wellinghoff, Chairman, Suedeen G. Kelly, 
Marc Spitzer, and Philip D. Moeller.
    1. The Commission is issuing this Final Rule to revise its 
delegations of authority to allow for the efficient and timely 
processing of Notices of Penalty (Notices) issued by the North American 
Electric Reliability Corporation (NERC). These revisions will permit 
the Director of the Office of Enforcement and the Secretary of the 
Commission to process routine, non-controversial Notices that propose 
zero dollar penalties and do not require further consideration by the 
Commission and to issue public notices stating as much. The Director of 
the Office of Enforcement will also be able to direct the submission of 
further information from NERC or other entities where necessary as to 
Notices without the need for action by the Commission.

I. Background

    2. Under section 215(e) of the Federal Power Act (FPA), NERC as the 
Electric Reliability Organization (ERO) must file each Notice with the 
Commission.\1\ The penalty is subject to Commission review upon its own 
motion or upon application by the entity subject to the proposed 
penalty within 30 days. If no review is sought or initiated, the 
penalty takes effect by operation of law.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824o(e) (2006).
---------------------------------------------------------------------------

    3. Currently, when the Commission receives a Notice, it is analyzed 
within the thirty day period by staff from the Office of Enforcement, 
the Office of Electric Reliability, and the Office of General Counsel. 
Those offices recommend to the Commission whether it should allow the 
Notice to become effective by operation of law. The Commission conducts 
a vote and, if it decides that no further action is warranted, 
instructs the Secretary to issue a public notice to that effect. Based 
upon the Commission's experience thus far, it appears likely that, in 
most cases, Notices in which a registered entity is assessed a zero 
monetary penalty will become effective in this manner.
    4. On occasion, staff will conclude that further information is 
needed for the proper consideration of a Notice. In such cases, 
Commission staff will recommend that the Commission direct NERC to 
provide further information and extend the thirty-day period to allow 
the Commission to analyze the information received.\2\
---------------------------------------------------------------------------

    \2\ See North American Electric Reliability Corp., 127 FERC ] 
61,198 (2009).
---------------------------------------------------------------------------

II. Discussion

    5. The Commission concludes that, in many cases involving the 
assessment of zero dollar penalties, Notices can be processed without 
the need for a formal Commission vote. In proceedings involving non-
controversial zero dollar penalties, a Notice can be processed more 
efficiently by allowing the Secretary to issue a notice indicating that 
the Commission will take no further action. Further, the Commission 
believes that the Director of the Office of Enforcement should be able 
to direct the submission of further information from NERC or other 
entities regarding Notices and extend the time for consideration of a 
Notice to consider this information. Consequently, this Final Rule 
delegates the necessary authority to the Director of the Office of 
Enforcement and to the Secretary to undertake such actions in 
connection with Notices that assess a zero dollar penalty and do not 
raise other significant concerns or issues.
    6. The Commission notes that our current regulations permit the 
Director of the Office of Electric Reliability to collect information 
from NERC or from Regional Entities, but the Director of the Office of 
Enforcement lacks similar authority. The Commission believes that the 
Director of the Office of Enforcement should have the similar authority 
to direct NERC or the applicable Regional Entity to submit further 
information on a Notice where the Commission does not have sufficient 
information to reach a decision on the Notice. To facilitate the 
gathering of this information, the Director of the Office of 
Enforcement should also have the authority to extend the time for 
consideration of a Notice to consider the new information. This Final 
Rule adds both authorities to the Office of Enforcement's delegations.
    7. Under FPA section 215, a Notice takes effect by operation of law 
if no review is sought or initiated. This does not require affirmative 
Commission action, and the Commission's regulations do not provide for 
any formal procedure by which the Commission must decide to take no 
action. The Commission has generally issued a notice indicating that it 
will not further review on its own motion the Notice. However, unlike 
other administrative notices, the Secretary lacks the authority to 
issue a public notice that no further review will take place, absent 
action by the Commission. This Final Rule therefore adds such authority 
to the Secretary's delegations.
    8. Although the delegations do not specify in what circumstances a 
Notice should be allowed to become effective without an affirmative 
vote by the Commission, it will be Commission policy that Notices will 
not need a formal Commission vote only in zero dollar penalty cases 
that do not raise significant concerns or other issues. The following 
circumstances will necessitate a formal Commission vote to issue a 
notice that the Commission will not further review the Notice:
    [cir] A penalty assessment or settlement involving a dollar amount 
greater than zero;
    [cir] A penalty that appears low based on the facts presented;
    [cir] Conduct or an event that may pose a high risk to the Bulk-
Power System;
    [cir] An event that resulted in loss of load to customers;
    [cir] A special or unique legal question, such as Commission 
jurisdiction;
    [cir] A Notice that results from a live hearing process at the 
Regional Entity or ERO level, i.e., a contest by the registered entity;
    [cir] A Notice resulting from NERC's enforcement efforts (as 
opposed to violations addressed in the first instance by one of the 
eight Regional Entities);
    [cir] A Notice that involves intent to violate a Reliability 
Standard or falsification of records;
    [cir] A Notice with a record that fails to justify the finding of a 
violation or the proposed penalty amount; and
    [cir] Any other matter worthy of Commission attention.

III. Information Collection Statement

    9. The Office of Management and Budget's (OMB) regulations require 
that OMB approve certain information collection requirements imposed by 
agency rule.\3\ This Final Rule does not contain information reporting 
requirements and is not subject to OMB approval.
---------------------------------------------------------------------------

    \3\ 5 CFR Part 1320.

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

[[Page 57248]]

IV. 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 quality of the human 
environment.\4\ 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.\5\ This rulemaking is exempt under that provision.
---------------------------------------------------------------------------

    \4\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. 
& Regs. ] 30,783 (1987).
    \5\ 18 CFR 380.4(1) and (5).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    11. The Regulatory Flexibility Act of 1980 (RFA) \6\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
This Final Rule concerns matters of internal agency procedure. The 
Commission therefore certifies that it will not have such an impact. An 
analysis under the RFA is not required.
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

VI. 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 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.
    13. From FERC'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 FERC'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.

VII. Effective Date and Congressional Notification

    15. 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 makes minor revisions to matters of internal 
operations and is unlikely to affect the rights of persons appearing 
before the Commission. There is therefore no reason to make this rule 
effective at a later time.
    16. 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.
    17. 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 in 18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia, 
Sunshine Act.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

0
In consideration of the foregoing, the Commission amends Part 375, 
Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 375--THE COMMISSION

0
1. 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, 16451-16463.


0
2. Section 375.302 is amended by adding paragraph (aa) as follows:


Sec.  375.302  Delegations to the Secretary.

* * * * *
    (aa) Issue a notice that the Commission will not further review on 
its own motion a Notice of Penalty filed under Section 215(e) of the 
Federal Power Act.


0
3. Section 375.311 is amended by adding paragraphs (u) and (v) as 
follows:


Sec.  375.311  Delegations to the Director of the Office of 
Enforcement.

* * * * *
    (u) Direct the Electric Reliability Organization or the applicable 
Regional Entity to provide such information as is necessary to 
implement Section 215(e)(2) of the Federal Power Act (16 U.S.C. 
824o(e)(2)) pursuant to Sec.  39.2 and Part 40 of this chapter.
    (v) Issue an order extending the period of time for consideration 
of a Notice of Penalty filed under Section 215(e) of the Federal Power 
Act for the purpose of directing the Electric Reliability Organization 
or the applicable Regional Entity to provide such information as is 
necessary to implement Section 215(e)(2) of the Federal Power Act (16 
U.S.C. 824o(e)(2)) pursuant to Sec.  39.2 and Part 40 of this chapter.

[FR Doc. E9-26635 Filed 11-4-09; 8:45 am]
BILLING CODE 6717-01-P
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