Technical Corrections to Commission's Regulations, 43400-43405 [2010-17561]
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Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations
R–3405 Sullivan, IN [New]
Boundaries. Beginning at lat. 39°07′41″ N.,
long. 87°22′02″ W.; to lat. 39°07′41″ N., long.
87°21′29″ W.; to lat. 39°07′39″ N., long.
87°21′29″ W.; to lat. 39°07′39″ N., long.
87°21′26″ to lat. 39°07′41″ N., long. 87°21′25″
W.; to lat. 39°07′41″ N., long. 87°21′12″ W.;
to lat. 39°07′00″ N., long. 87°21′08″ W.; to lat.
39°07′00″ N., long. 87°21′46″ W.; to lat.
39°06′36″ N., long. 87°21′47″ W.; to lat.
39°06′36″ N., long. 87°22′03″ W.; to the point
of beginning.
Designated altitudes. Surface up to and
including 1,600 feet MSL.
Times of Designation. By NOTAM 24 hours
in advance.
Controlling Agency. FAA, Terre Haute
ATCT.
Using Agency. U.S. Navy, Naval Support
Activity Crane, IN.
Before Commissioners: Jon Wellinghoff,
Chairman; Marc Spitzer, Philip D. Moeller,
and John R. Norris.
Technical Corrections to Commission’s
Regulations
Docket No. RM10–26–000
Order No. 737
Final Rule
Issued July 14, 2010.
Issued in Washington, DC, on July 15,
2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
A. Minor Revisions Correcting Outdated
Nomenclature, Addresses, and
Provisions
2. Parts 3b, 46, and 152 of Title 18 of
the Code of Federal Regulations, this
Final Rule corrects all references, where
appropriate, to the ‘‘FPC’’ (Federal
Power Commission; the predecessor to
the Federal Energy Regulatory
Commission) to read ‘‘FERC’’ or ‘‘Federal
Energy Regulatory Commission.’’ Also in
these sections, multiple obsolete or
outdated references relating to the FERC
organizational structure are replaced or
updated as appropriate. This Final Rule
also revises incorrect references to a
former FERC address and deletes
regulatory provisions that no longer
exist. This Final Rule also removes
certain nomenclature to be consistent
with other provisions of our regulations.
See new 18 CFR 4.12 and 4.22 (2010).
[FR Doc. 2010–17937 Filed 7–23–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 2, 3b, 4, 5, 8, 9, 11, 16,
24, 32, 33, 34, 35, 39, 45, 46, 152, 153,
156, 157, 385, and 388
[Docket No. RM10–26–000; Order No. 737]
Technical Corrections to
Commission’s Regulations
Issued July 14, 2010.
Federal Energy Regulatory
Commission.
ACTION: Final rule; technical correction.
AGENCY:
The Commission is issuing
this Final Rule to make minor changes
to its regulations. This Final Rule
revises a number of references that have
become outdated for various reasons.
Generally, these changes add or delete
language in the current regulations that:
Eliminate obsolete information;
incorporate by reference updated
electronic filing options; and correct
incorrect cites.
DATES: Effective Date: The rule will
become effective July 26, 2010.
FOR FURTHER INFORMATION CONTACT:
Wilbur Miller, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–8953.
Christopher Cook, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–8102.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
VerDate Mar<15>2010
14:07 Jul 23, 2010
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I. Introduction
1. This Final Rule corrects a number
of the Commission’s regulations to bring
them up to date or make them
consistent with other provisions. The
revisions are intended to be ministerial
and/or informational in nature, as
explained below.
II. Discussion
B. Minor Revisions Incorporating by
Reference Web Site Language and
Removing References to Paper Copies as
Part of the Commission’s Filing
Procedures
3. For Parts 2, 4, 5, 8, 11, 16, 24, 32,
34, 45, 46, 152, 153, 156, 385, and 388,
this Final Rule incorporates by reference
the ‘‘how to file’’ requirements located
on the Commission’s Web site in order
to reflect our current electronic filing
options. These filing options are
routinely modified to capture
information and technology updates as
well as updates to general filing
procedures. In Part 2, a reference to
multiple paper copies is replaced by a
reference to updated filing procedures
as posted on the Commission Web site.
FERC now has paperless electronic
filing options for nearly all documents
submitted to the Commission and
references to a certain number of paper
copies have been revised.1 Part 4 is
1 Although electronic submissions are
encouraged, the Commission has posted a Quick
PO 00000
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revised to remove multiple references to
‘‘certified mail,’’ which is no longer a
requirement. See new 18 CFR 4.4; 4.12;
4.22 (2010). Parts 9 and 156 are revised
to remove a reference to paper copies as
part of filing procedures and Part 157 is
revised to remove a section related to
outdated file formats. Part 388 replaces
language that requires a ‘‘written
statement’’ with ‘‘statement.’’ See new 18
CFR 3b.203(b) (2010).
C. Minor Revisions Removing Obsolete
References to Filing Fees
4. Parts 32, 34, 45, 152, 156, and 157
are all revised by removing language
referencing filing fees. These filing fees
are no longer required by the
Commission.
D. Minor Revisions Removing Obsolete
References to Form of Notice
5. Parts 33, 34, and 39 are all revised
by removing language referencing forms
of notice. The notices for these filings
are now included in the Combined
Notice Process.
E. Minor Revisions Replacing Incorrect
Order Number References
6. To correct prior typographical
errors, Part 35 is revised by replacing
multiple references to ‘‘Order 741’’ with
‘‘Order 714.’’
III. Information Collection Statement
7. The Office of Management and
Budget’s (OMB) regulations require that
OMB approve certain information
collection requirements imposed by
agency rule. 5 CFR Part 1320 (2010).
This Final Rule contains no information
reporting requirements, and is not
subject to OMB approval.
IV. Environmental Analysis
8. 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.2 This Final Rule is not
such an action, and 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. Part 380 of
the Commission’s regulations lists
exemptions to the requirement that an
Environmental Analysis or
Environmental Impact Statement be
done. Included is an exemption for
Reference Guide to Paper Submissions at https://
www.ferc.gov/docs-filing/efiling/filing.pdf.
2 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897 (Dec. 17, 1987), FERC Stats. & Regs.,
Regulations Preambles 1986–1990 ¶ 30,783 (1987).
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Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations
procedural, ministerial or internal
administrative actions. 18 CFR 380.4(1)
and (5). This Final Rule is therefore
exempt.
V. Regulatory Flexibility Act
Certification
9. The Regulatory Flexibility Act of
1980 (RFA) 3 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 a
matter 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.
VI. Document Availability
10. 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 Web site (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.
11. From the Commission’s Web site
on the Internet, this information is
available in the Commission’s document
management system, eLibrary. The full
text of this document is available on
eLibrary in PDF and Microsoft Word
format for viewing, printing, and/or
downloading. To access this document
in eLibrary, type the docket number
excluding the last three digits of this
document in the docket number field.
12. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from
FERC Online Support at 1–866–208–
3676 (toll free) or (202) 502–6652 (email at FERCOnlineSupport@FERC.gov),
or the Public Reference Room at (202)
502–8371, TTY 202–502–8659 (e-mail at
public.referenceroom@ferc.gov).
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VII. Effective Date and Congressional
Notification
13. These regulations are effective on
the date of publication in the Federal
Register. In accordance with 5 U.S.C.
553(d)(3) (2006), the Commission finds
that good cause exists to make this Final
Rule effective immediately. It makes
minor revisions with respect 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.
35
14:07 Jul 23, 2010
List of Subjects
18 CFR Part 2
Administrative practice and
procedure, Electric power, Natural gas,
Pipelines, Reporting and recordkeeping
requirements.
18 CFR Part 3b
Privacy.
18 CFR Part 4
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18 CFR Part 34
Electric power, Reporting and
recordkeeping requirements.
18 CFR Part 35
Electric power rates, Electric utilities,
Reporting and recordkeeping
requirements.
18 CFR Part 39
Administrative practice and
procedure.
18 CFR Part 45
Electric utilities, Reporting and
recordkeeping requirements.
18 CFR Part 46
Antitrust, Electric utilities, Holding
companies, Reporting and
recordkeeping requirements.
18 CFR Part 152
Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 153
Exports, Imports, Natural gas,
Reporting and recordkeeping
requirements.
Administrative practice and
procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 156
Administrative practice and
procedure, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 5
18 CFR Part 157
Administrative practice and
procedure, Electric power, Reporting
and recordkeeping requirements.
Administrative practice and
procedure, Natural gas, Reporting and
recordkeeping requirements, Uniform
system of accounts.
18 CFR Part 8
Electric power, Recreation and
recreation areas, Reporting and
recordkeeping requirements.
18 CFR Part 9
Electric power, Reporting and
recordkeeping requirements.
18 CFR Part 11
Dams, Electric power, Indian lands,
Public lands, Reporting and
recordkeeping requirements.
18 CFR Part 16
Administrative practice and
procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 24
Electric power, Reporting and
recordkeeping requirements.
Electric utilities.
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Administrative practice and
procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping
requirements.
18 CFR Part 388
Confidential business information,
Freedom of information.
By the Commission.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the
Commission is amending parts 2, 3b, 4,
5, 8, 9, 11, 16, 24, 32, 33, 34, 35, 39, 45,
46, 152, 153, 156, 157, 385, and 388 of
Chapter I, Title 18, Code of Federal
Regulations, by making the following
technical corrections:
■
1. The authority citation for Part 2
continues to read as follows:
■
18 CFR Part 33
PO 00000
18 CFR Part 385
PART 2—GENERAL POLICY AND
INTERPRETATIONS
18 CFR Part 32
Electric utilities, Reporting and
recordkeeping requirements, Securities.
U.S.C. 601–12.
VerDate Mar<15>2010
14. 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.
15. The Commission is issuing this
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
agency procedure and will not
significantly affect regulated entities or
the general public.
43401
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Authority: (Secs. 308, 309; 49 Stat. 858; 16
U.S.C. 825g, 825h; secs. 15, 16; 52 Stat. 829,
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43402
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations
830; 15 U.S.C. 717n, 717o) [Order 211, 24 FR
1345, Feb. 21, 1959, as amended by Order
463, 37 FR 28054, Dec. 20, 1972; 38 FR 3192,
Feb. 2, 1973; 44 FR 34941, June 18, 1979; 45
FR 21224, Apr. 1, 1980; Order 541, 57 FR
21733, May 22, 1992; Order 603, 64 FR
26603, May 14, 1999; Order 2002, 68 FR
51115, Aug. 25, 2003]
§ 2.1
[Amended]
2. In § 2.1, paragraphs (a) introductory
text and (b), the phrase ‘‘mailing’’ is
removed and the phrase ‘‘mailing or emailing’’ is added in its place.
■
§ 2.9
[Amended]
§ 3b.203
§ 3b.221
[Amended]
11. In § 3b.221, paragraph (d)(2), the
phrase ‘‘Federal Power Commission, 825
North Capitol Street, NE., Washington,
DC 20426’’ is removed and the phrase
‘‘Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426’’ is added in its
place.
■
3. In § 2.9, paragraph (b), the phrase
‘‘the Federal Power Commission, Office
of Public Information, Washington, DC
20426’’ is removed and the phrase ‘‘the
Federal Energy Regulatory Commission,
Washington, DC 20426’’ is added in its
place.
§ 3b.224
§ 2.13
■
■
[Amended]
4. In § 2.13, paragraph (b), the phrase
‘‘the Office of Public Information,
Federal Power Commission,
Washington, DC 20426’’ is removed and
the phrase ‘‘the Federal Energy
Regulatory Commission, Washington,
DC 20426’’ is added in its place.
■
§ 2.55
[Amended]
5. In § 2.55, paragraph (b)(4), the
phrase ‘‘on electronic media pursuant to
§ 385.2011 of this chapter, accompanied
by 7 paper copies’’ is removed and the
phrase ‘‘in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov.’’ is
added in its place.
■
§ 2.57
[Amended]
6. In § 2.57, in the first sentence, the
phrase ‘‘Federal Power Commission’’ is
removed and the phrase ‘‘Federal Energy
Regulatory Commission’’ is added in its
place.
■
[Amended]
8. In § 3b.1, in the first sentence, the
phrase ‘‘Federal Power Commission’s’’ is
removed and the phrase ‘‘Federal Energy
Regulatory Commission’s’’ is added in
its place.
14:07 Jul 23, 2010
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Authority: 16 U.S.C. 791a–825r, 2601–
2645; 42 U.S.C. 7101–7352.
§ 4.4
[Amended]
14. In § 4.4, the phrase ‘‘by certified
mail’’ is removed, and the phrase ‘‘or if
the States has not regulatory agency’’ is
removed and the phrase ‘‘or if the State
has no regulatory agency’’ is added in its
place.
■
§ 4.12
[Amended]
[Amended]
16. In § 4.22, the phrase ‘‘by certified
mail’’ is removed.
■ 17–19. In § 4.32:
a. In paragraph (b)(1), the phrase
‘‘must submit to the Commission’s
Secretary for filing an original and eight
copies of the application or petition’’ is
removed and the phrase ‘‘must submit
the application or petition to the
Secretary of the Commission in
accordance with filing procedures
posted on the Commission’s Web site at
https://www.ferc.gov.’’ is added in its
place;
b. In paragraph (b)(2), the phrase
‘‘must submit to the Commission’s
PO 00000
Frm 00008
Fmt 4700
Secretary for filing an original and eight
copies of the application’’ is removed
and the phrase ‘‘must submit the
application to the Secretary of the
Commission in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov.’’ is
added in its place; and
c. In paragraph (e)(1)(i), the fifth
sentence is revised to read as follows:
§ 4.32 Acceptance for filing or rejection;
information to be made available to the
public; requests for additional studies.
*
*
*
*
*
(e) * * *
(1) * * *
(i) * * * Deficiencies must be
corrected by submitting the specified
materials or information to the Secretary
of the Commission within the time
specified in the notification of
deficiency in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov.
*
*
*
*
*
PART 5—INTEGRATED LICENSE
APPLICATION PROCESS
20. The authority citation for Part 5
continues to read as follows:
■
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 42 U.S.C. 7101–7352.
21. In § 5.3, revise paragraph (d)(2)(vi)
to read as follows:
■
§ 5.3
Process selection.
*
*
*
*
*
(d) * * *
(2) * * *
(vi) State that respondents must
submit comments to the Secretary of the
Commission in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov.
*
*
*
*
*
§ 5.5
[Amended]
22. In § 5.5, paragraph (b) introductory
text, the phrase ‘‘with the Commission
pursuant to the requirements of Subpart
T of Part 385 of this chapter an original
and eight copies of a letter’’ is removed
and the phrase ‘‘with the Secretary of
the Commission in accordance with
filing procedures posted on the
Commission’s Web site at https://
www.ferc.gov, a letter’’ is added in its
place.
■
■
Authority: Federal Power Act, as
amended, sec. 309, 49 Stat. 858–859 (16
U.S.C. 825h); Natural Gas Act, as amended,
sec. 16, 52 Stat. 830 (15 U.S.C. 717o); and
Pub. L. 93–579 (88 Stat. 1896).
VerDate Mar<15>2010
13. The authority citation for Part 4
continues to read as follows:
■
§ 4.22
7. The authority citation for Part 3b
continues to read as follows:
■
PART 4—LICENSES, PERMITS,
EXEMPTIONS, AND DETERMINATION
OF PROJECT COSTS
15. In § 4.12, the phrase ‘‘by certified
mail’’ is removed.
■
§ 3b.1
[Amended]
12. In § 3b.224, paragraph (c)(2), the
phrase ‘‘Federal Power Commission, 825
North Capitol Street, NE., Washington,
DC 20426’’ is removed and the phrase
‘‘Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426’’ is added in its
place.
■
PART 3b—COLLECTION,
MAINTENANCE, USE, AND
DISSEMINATION OF RECORDS OF
IDENTIFIABLE PERSONAL
INFORMATION
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[Amended]
9–10. In § 3b.203, paragraph (b), the
acronym ‘‘FPC’’ is removed and the
acronym ‘‘FERC’’ is added in its place,
and the phrase ‘‘specifically 18 CFR
3.207(e) and 3.228(d)’’ is removed, and
in paragraph (c), the phrase ‘‘Director,
Office of Personnel Programs’’ is
removed and the phrase ‘‘Director,
Human Resources Division’’ is added in
its place.
■
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§ 5.6
[Amended]
23. In § 5.6, paragraph (a)(1), the
phrase ‘‘with the Commission an
original and eight copies’’ is removed
and the phrase ‘‘with the Secretary of
the Commission in accordance with
filing procedures posted on the
Commission’s Web site at https://
www.ferc.gov’’ is added in its place.
■
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PART 8—RECREATIONAL
OPPORTUNITIES AND DEVELOPMENT
AT LICENSED PROJECTS
24. The authority citation for Part 8
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 16 U.S.C.
791a–825r; 42 U.S.C. 7101–7352.
§ 8.11
[Amended]
25. In § 8.11, paragraph (a)(1), the
phrase ‘‘shall prepare with respect to
each development within such project
an original and two copies of FERC
Form No. 80 prescribed by § 141.14 of
this chapter and submit them to a the
Commission pursuant to the
requirements in the General Information
portion of the form’’ is removed and the
phrase ‘‘shall prepare with respect to
each development within such project a
FERC Form No. 80 and submit them to
the Secretary of the Commission in
accordance with filing procedures
posted on the Commission’s Web site at
https://www.ferc.gov.’’ is added in its
place.
■
PART 9—TRANSFER OF LICENSE OR
LEASE OF PROJECT PROPERTY
§ 11.6 Exemption of State and municipal
licensees and exemptees.
*
*
*
*
*
(i) * * * The application must be
filed with the Secretary of the
Commission in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov within
the time allowed (by § 11.20) for the
payment of the annual charges.’’ * * *
PART 16—PROCEDURES RELATING
TO TAKEOVER AND RELICENSING OF
LICENSED PROJECTS
30. The authority citation for Part 16
continues to read as follows:
■
Authority: 16 U.S.C. 791a–825r; 42 U.S.C.
7101–7352.
§ 16.6
31. In§ 16.6(b) introductory text, the
phrase ‘‘must file with the Commission
an original and fourteen copies of’’ is
removed and the phrase ‘‘must file with
the Secretary of the Commission in
accordance with filing procedures
posted on the Commission’s Web site at
https://www.ferc.gov’’ is added in its
place.
■
PART 24—DECLARATION OF
INTENTION
Authority: Sec. 8, 41 Stat. 1068, sec. 309,
49 Stat. 858; 16 U.S.C. 801, 825h; Pub. L.
96—511, 94 Stat. 2812 (44 U.S.C. 3501 et
seq.)
27. Section 9.10 is revised to read as
follows:
■
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Any licensee desiring to lease the
project property covered by a license or
any part thereof, where the lessee is
granted the exclusive occupancy,
possession, or use of project works for
purposes of generating, transmitting, or
distributing power, and the person,
association, or corporation, State, or
municipality desiring to acquire the
project property by lease, must file the
proposed lease together with the
application in accordance with
§ 4.32(b)(1) of this chapter. The
application and the Commission’s
action on it will, in general, be subject
to the provisions of §§ 9.1 through 9.3.
PART 11—ANNUAL CHARGES UNDER
PART I OF THE FEDERAL POWER ACT
28. The authority citation for Part 11
continues to read as follows:
■
Filing.
A declaration of intention under the
provisions of section 23(b) of the Act
shall be filed with the Secretary of the
Commission in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov. * * *
*
*
*
*
*
PART 32—INTERCONNECTION OF
FACILITIES
34. The authority citation for Part 32
is revised to read as follows:
■
Authority: 42 U.S.C. 7101–7352; E.O. No.
12,009, 3 CFR 1978 Comp., p. 142; 31 U.S.C.
9701; 16 U.S.C. 791a–825r; 16 U.S.C. 2601–
2645 (1988).
35. In § 32.1, the section heading is
revised as set forth below, and the
phrase ‘‘shall be accompanied by the fee
prescribed in Part 381 of this chapter
and’’ is removed from the introductory
text.
■
29. In § 11.6(i), the second sentence is
revised 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.
§ 33.6
[Removed]
38. Section 33.6 is removed.
■ 39. In § 33.8, revise the first sentence
to read as follows:
■
§ 33.8
Number of copies.
The applicant must submit the
application or petition to the Secretary
of the Commission in accordance with
filing procedures posted on the
Commission’s Web site at https://
www.ferc.gov.* * *
■
33. In § 24.1, revise the first sentence
to read as follows:
■
§ 32.1
14:07 Jul 23, 2010
37. The authority citation for part 33
is revised to read as follows:
■
Authority: 16 U.S.C. 791a–825r; 44 U.S.C.
3501 et seq. ; 42 U.S.C. 7101–7352.
32. The authority citation for Part 24
continues to read as follows:
Authority: 16 U.S.C. 791a–825r; 42 U.S.C.
7101–7352.
VerDate Mar<15>2010
PART 33—APPLICATION FOR
ACQUISITION, SALE, LEASE, OR
OTHER DISPOSITION, MERGER OR
CONSOLIDATION OF FACILITIES, OR
FOR PURCHASE OR ACQUISITION OF
SECURITIES OF A PUBLIC UTILITY
PART 34—APPLICATION FOR
AUTHORIZATION OF THE ISSUANCE
OF SECURITIES OR THE ASSUMPTION
OF LIABILITIES
§ 24.1
Filing.
■
Filing procedure.
All applications under Part 32 must
be filed with the Secretary of the
Commission in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov.
■
26. The authority citation for Part 9
continues to read as follows:
■
§ 9.10
[Amended]
§ 32.4
43403
Contents of the application.
*
*
*
*
*
36. Section 32.4 is revised to read as
follows:
PO 00000
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40. The authority citation for Part 34
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.
§ 34.3
[Amended]
41. In § 34.3, remove paragraph (k).
■ 42. Section 34.7 is revised to read as
follows:
■
§ 34.7
Filing requirements.
Applications must be filed with the
Secretary of the Commission in
accordance with filing procedures
posted on the Commission’s Web site at
https://www.ferc.gov.
§ 34.9
■
[Removed]
43. Remove § 34.9.
§ 34.10
[Redesignated as § 34.9]
44. Section 34.10 is redesignated as
§ 34.9.
■
PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
45. The authority citation for Part 35
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.
§ 35.0
■
[Removed]
46–47. Section 35.0 is removed.
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43404
§ 35.33
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations
[Amended]
48. In § 35.33, paragraph (c), the
phrase ‘‘Commission’s Library, Room
95–01’’ is removed and the phrase
‘‘Commission’’ is added in its place. The
phrase https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html is removed and the
phrase https://www.archives.gov/federalregister/cfr/ibr-locations.html is added
in its place.
■
PART 39—RULES CONCERNING
CERTIFICATION OF THE ELECTRIC
RELIABILITY ORGANIZATION; AND
PROCEDURES FOR THE
ESTABLISHMENT, APPROVAL, AND
ENFORCEMENT OF ELECTRIC
RELIABILITY STANDARDS
Authority: 16 U.S.C. 792–828c; 16 U.S.C.
2601–2645; 42 U.S.C. 7101–7352; E.O. 12009,
3 CFR 142.
55. In § 46.3, the second sentence of
paragraph (a) is revised to read as
follows:
■
§ 46.3
Purchaser list.
(a) * * * The public utility must
submit the list to the Secretary of the
Commission in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov and
make the list publicly available through
its principal business office.
*
*
*
*
*
§ 46.4
[Amended]
51. The authority citation for Part 45
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;
3 CFR 142.
56. In § 46.4 introductory text, the
phrase ‘‘the Office of the Secretary of the
Commission a written statement’’ is
removed and the phrase ‘‘the Secretary
of the Commission a statement’’ is added
in its place.
■ 57. In § 46.6, the section heading is
revised and in paragraph (d)(3), the
phrase ‘‘shall be available to the public
during regular business hours through
the Commission’s Office of Public
Information’’ is removed and the phrase
‘‘shall be available to the public through
the Commission’s eLibrary system on
https://www.ferc.gov’’ is added in its
place.
The revision reads as follows:
§ 46.6 Contents of the statement and
procedures for filing.
49. The authority citation for Part 39
continues to read as follows:
■
Authority: 16 U.S.C. 824o.
§ 39.7
[Amended]
50. In § 39.7, paragraph (d)(6) is
removed and paragraph (d)(7) is
redesignated as paragraph (d)(6).
■
PART 45—APPLICATION FOR
AUTHORITY TO HOLD INTERLOCKING
POSITIONS
■
52. Section 45.7 is revised to read as
follows:
■
§ 45.7 Form of application; filing
procedure.
Applications, supplemental
applications, statements of
supplemental information, notices of
change, and reports should be filed with
the Secretary of the Commission in
accordance with filing procedures
posted on the Commission’s Web site at
https://www.ferc.gov. Each filing must be
dated, signed by the applicant, and
verified under oath in accordance with
§ 385.2005(b) and (c).
■ 53. In § 45.8, the section heading and
introductory text are revised to read as
follows:
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
§ 45.8
Contents of application.
Each application shall state the
following:
*
*
*
*
*
PART 46—PUBLIC UTILITY FILING
REQUIREMENTS AND FILING
REQUIREMENTS FOR PERSONS
HOLDING INTERLOCKING POSITIONS
54. The authority citation for Part 46
is revised to read as follows:
■
VerDate Mar<15>2010
14:07 Jul 23, 2010
Jkt 220001
■
*
*
*
*
*
PART 152—APPLICATION FOR
EXEMPTION FROM THE PROVISIONS
OF THE NATURAL GAS ACT
PURSUANT TO SECTION 1(C)
THEREOF AND ISSUANCE OF
BLANKET CERTIFICATES
AUTHORIZING CERTAIN SALES FOR
RESALE
58. The authority citation for Part 152
continues to read as follows:
■
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352.
59. Section 152.2 is revised to read as
follows:
■
§ 152.2
Form of application; service.
The application must be filed with the
Secretary of the Commission in
accordance with filing procedures
posted on the Commission’s Web site at
https://www.ferc.gov. A copy of the
application shall be served on the State
Commission which has jurisdiction over
the applicant and upon each wholesale
customer of the applicant.
■ 60. In § 152.3, the section heading is
revised and in the introductory text, the
phrase ‘‘shall be accompanied by the fee
PO 00000
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Fmt 4700
Sfmt 4700
prescribed in part 381 of this chapter or
a petition for waiver pursuant to
§ 381.106 of this chapter and’’ is
removed.
The revision reads as follows:
§ 152.3
*
Contents of application.
*
§ 152.5
*
*
*
[Amended]
61. In § 152.5, the phrase ‘‘Federal
Power Commission’’ is removed in each
of the two places in which it appears
and the phrase ‘‘Federal Energy
Regulatory Commission’’ is added in
both places.
■
PART 153—APPLICATIONS FOR
AUTHORIZATION TO CONSTRUCT,
OPERATE, OR MODIFY FACILITIES
USED FOR THE EXPORT OR IMPORT
OF NATURAL GAS
62. The authority citation for Part 153
continues to read as follows:
■
Authority: 15 U.S.C. 717b, 717o; E.O.
10485, 3 CFR, 1949–1953 Comp., p. 970, as
amended by E.O. 12038, 3 CFR, 1978 Comp.,
p. 136, DOE Delegation Order No. 0204–112,
49 FR 6684 (February 22, 1984).
63. In § 153.20, paragraph (a) is
revised to read as follows:
■
§ 153.20
General Rule.
(a) Filing procedures. Applications
under Subparts B and C must be
submitted to the Secretary of the
Commission in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov.
*
*
*
*
*
PART 156—APPLICATIONS FOR
ORDERS UNDER SECTION 7(a) OF
THE NATURAL GAS ACT
64. The authority citation for Part 156
is revised to read as follows:
■
Authority: 52 Stat. 824, 829, 830; 56 Stat.
83, 84; 15 U.S.C. 717f, 717f(a), 717n, 717o.
65. In § 156.3, the section heading and
paragraph (a) are revised, and in
paragraph (b) introductory text, the
phrase ‘‘shall be accompanied by the fee
prescribed in part 159 of this subchapter
and’’ is removed.
The revisions read as follows:
■
§ 156.3 Applications; general
requirements.
(a) Applicable rules. The application
must be filed with the Secretary of the
Commission in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov. In all
other respects applications shall
conform to the requirements of §§ 156.1
through 156.5. Amendments to or
withdrawals of applications shall be
filed in accordance with the
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 75, No. 142 / Monday, July 26, 2010 / Rules and Regulations
requirements of §§ 385.213 and 385.214
of this chapter.
*
*
*
*
*
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
66. The authority citation for Part 157
continues to read as follows:
■
Authority: 15 U.S.C. 717–717w.
§ 157.6
[Amended]
67. In § 157.6, paragraph (a)(5) is
removed and paragraph (a)(6) is
redesignated as paragraph (a)(5), and in
paragraph (b) introductory text, the
phrase ‘‘shall be accompanied by the fee
prescribed in part 381 of this chapter or
a petition for waiver pursuant to
§ 381.106 of this chapter and’’ is
removed.
■
PART 385—RULES OF PRACTICE AND
PROCEDURE
68. 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).
§ 385.1901
69. In § 385.1901, in the address given
in paragraph (c)(2), the phrase ‘‘Suite
8000, 825 North Capitol Street, NE.’’ is
removed and the phrase ‘‘888 First
Street, NE.’’ is added in its place.
■ 70. Section 385.2004 is revised to read
as follows:
§ 385.2004 Originals and copies of filings
(Rule 2004).
The requirements for making filings
under this chapter are posted on the
Commission’s Web site at https://
www.ferc.gov. The requirements cover
documents and forms submitted on
paper, on electronic media, or via the
Commission’s electronic filing systems.
[Amended]
71. In § 385.2012, the phrase ‘‘825
North Capitol Street, NE.’’ is removed
and the phrase ‘‘888 First Street, NE.’’ is
added in its place.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
■
PART 388—INFORMATION AND
REQUESTS
72. The authority citation for Part 388
continues to read as follows:
■
Authority: 5 U.S.C. 301–305, 551, 552 (as
amended), 553–557; 42 U.S.C. 7101–7352.
VerDate Mar<15>2010
14:07 Jul 23, 2010
§ 388.112 Requests for special treatment
of documents submitted to the
Commission.
*
*
*
*
*
(b) Procedures. A person claiming that
information warrants special treatment
as CEII or privileged must file a
statement requesting CEII or privileged
treatment for some or all of the
information in a document, and the
justification for special treatment of the
information, in accordance with filing
procedures posted on the Commission’s
Web site at https://www.ferc.gov.
*
*
*
*
*
[FR Doc. 2010–17561 Filed 7–23–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 669
[FHWA Docket No. FHWA–2009–0098]
RIN 2125–AF32
Certification of Enforcement of the
Heavy Vehicle Use Tax
Federal Highway
Administration (FHWA), DOT.
ACTION: Final rule.
AGENCY:
This rule sets forth updated
FHWA procedures for enforcement of
the State registration of vehicles subject
to the Heavy Vehicle Use Tax (HVUT).
This rule will bring FHWA’s HVUT
regulations up-to-date to be consistent
with many changes that have impacted
the regulation over the last 2 decades.
DATES: Effective Date: October 25, 2010.
FOR FURTHER INFORMATION CONTACT:
Ralph Erickson, Highway Funding and
Motor Fuels Team Leader, Office of
Policy, HPPI–10, (202) 366–9235, or
Raymond W. Cuprill, Office of the Chief
Counsel, (202) 366–0791, Federal
Highway Administration, 1200 New
Jersey Avenue, SE., Washington, DC
20590. Office hours are from 7:45 a.m.
to 4:15 p.m. e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
[Amended]
■
§ 385.2012
73. In § 388.112, paragraph (b) is
revised to read as follows:
■
Jkt 220001
Electronic Access and Filing
You may retrieve comments online
through the Federal Docket Management
System at: https://www.regulations.gov.
Regulations.gov is available 24 hours
each day, 365 days each year. Electronic
submission and retrieval help and
guidelines are available under the help
section of the Web site.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
43405
An electronic copy of this document
may also be downloaded from the Office
of the Federal Register’s home page at:
https://www.gpoaccess.gov/fr/
and the Government Printing Office’s
Web page at: https://www.gpoaccess.gov.
Background
In the Surface Transportation
Assistance Act of 1982, Congress
established the HVUT. The purpose of
the tax is to impose a road use charge
that has some relation to the costs
caused by the vehicle (heavier vehicles
cause more road damage than light
vehicles, and therefore should pay a
higher highway funding contribution).
The FHWA Cost Allocation studies 1
demonstrated that damage to the
roadway, resulting from a doubling of
the weight of a vehicle, caused an
exponential increase in the amount of
damage to the roadway than would have
been caused by a lower weight. To
compensate for this additional damage
(costs occasioned), Congress established
the HVUT as a way to recover from
those vehicles the additional costs they
impose. The HVUT imposes a tax on
vehicles with a gross vehicle weight of
55,000 pounds and over using a sliding
scale up to $550 per year payable to the
Internal Revenue Service (IRS). When
the HVUT has been paid, the vehicle is
eligible to be registered by the State.
Provisions allow for temporary and
partial-year vehicle registrations.
The FHWA’s responsibility in the
administration of the HVUT is to ensure
that the States are obtaining proof-ofpayment of the HVUT before registering
these vehicles to operate on the
roadways. The agency published
regulations at 23 CFR Part 669
implementing the requirements of this
program as established by Federal law at
23 U.S.C. 141(c). In accordance with
this Federal law, a State’s annual
apportionment of Interstate
Maintenance funds under 23 U.S.C.
104(b)(4) may be reduced by up to 25
percent in any fiscal year during which
heavy vehicles subject to HVUT may be
lawfully registered in the State without
having presented proof-of-payment of
the tax. Part 669 established a
certification program to ascertain State
compliance with these requirements,
1 Final Report on the Federal Highway Cost
Allocation Study: Report of the Secretary of
Transportation to the United States Congress
Pursuant to Section 506, Public Law 95–599,
Surface Transportation Assistance Act of 1978: U.S.
Department of Transportation, Washington, DC,
May 1982 and 1997 Federal Highway Cost
Allocation Study: U.S. Department of
Transportation, Washington, DC, August 1997.
Federal Highway Cost Allocation Study: U.S.
Department of Transportation, Washington, DC,
August 1997.
E:\FR\FM\26JYR1.SGM
26JYR1
Agencies
[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Rules and Regulations]
[Pages 43400-43405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17561]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 2, 3b, 4, 5, 8, 9, 11, 16, 24, 32, 33, 34, 35, 39, 45,
46, 152, 153, 156, 157, 385, and 388
[Docket No. RM10-26-000; Order No. 737]
Technical Corrections to Commission's Regulations
Issued July 14, 2010.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: The Commission is issuing this Final Rule to make minor
changes to its regulations. This Final Rule revises a number of
references that have become outdated for various reasons. Generally,
these changes add or delete language in the current regulations that:
Eliminate obsolete information; incorporate by reference updated
electronic filing options; and correct incorrect cites.
DATES: Effective Date: The rule will become effective July 26, 2010.
FOR FURTHER INFORMATION CONTACT:
Wilbur Miller, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426, (202) 502-8953.
Christopher Cook, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426, (202) 502-8102.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer,
Philip D. Moeller, and John R. Norris.
Technical Corrections to Commission's Regulations
Docket No. RM10-26-000
Order No. 737
Final Rule
Issued July 14, 2010.
I. Introduction
1. This Final Rule corrects a number of the Commission's
regulations to bring them up to date or make them consistent with other
provisions. The revisions are intended to be ministerial and/or
informational in nature, as explained below.
II. Discussion
A. Minor Revisions Correcting Outdated Nomenclature, Addresses, and
Provisions
2. Parts 3b, 46, and 152 of Title 18 of the Code of Federal
Regulations, this Final Rule corrects all references, where
appropriate, to the ``FPC'' (Federal Power Commission; the predecessor
to the Federal Energy Regulatory Commission) to read ``FERC'' or
``Federal Energy Regulatory Commission.'' Also in these sections,
multiple obsolete or outdated references relating to the FERC
organizational structure are replaced or updated as appropriate. This
Final Rule also revises incorrect references to a former FERC address
and deletes regulatory provisions that no longer exist. This Final Rule
also removes certain nomenclature to be consistent with other
provisions of our regulations. See new 18 CFR 4.12 and 4.22 (2010).
B. Minor Revisions Incorporating by Reference Web Site Language and
Removing References to Paper Copies as Part of the Commission's Filing
Procedures
3. For Parts 2, 4, 5, 8, 11, 16, 24, 32, 34, 45, 46, 152, 153, 156,
385, and 388, this Final Rule incorporates by reference the ``how to
file'' requirements located on the Commission's Web site in order to
reflect our current electronic filing options. These filing options are
routinely modified to capture information and technology updates as
well as updates to general filing procedures. In Part 2, a reference to
multiple paper copies is replaced by a reference to updated filing
procedures as posted on the Commission Web site. FERC now has paperless
electronic filing options for nearly all documents submitted to the
Commission and references to a certain number of paper copies have been
revised.\1\ Part 4 is revised to remove multiple references to
``certified mail,'' which is no longer a requirement. See new 18 CFR
4.4; 4.12; 4.22 (2010). Parts 9 and 156 are revised to remove a
reference to paper copies as part of filing procedures and Part 157 is
revised to remove a section related to outdated file formats. Part 388
replaces language that requires a ``written statement'' with
``statement.'' See new 18 CFR 3b.203(b) (2010).
---------------------------------------------------------------------------
\1\ Although electronic submissions are encouraged, the
Commission has posted a Quick Reference Guide to Paper Submissions
at https://www.ferc.gov/docs-filing/efiling/filing.pdf.
---------------------------------------------------------------------------
C. Minor Revisions Removing Obsolete References to Filing Fees
4. Parts 32, 34, 45, 152, 156, and 157 are all revised by removing
language referencing filing fees. These filing fees are no longer
required by the Commission.
D. Minor Revisions Removing Obsolete References to Form of Notice
5. Parts 33, 34, and 39 are all revised by removing language
referencing forms of notice. The notices for these filings are now
included in the Combined Notice Process.
E. Minor Revisions Replacing Incorrect Order Number References
6. To correct prior typographical errors, Part 35 is revised by
replacing multiple references to ``Order 741'' with ``Order 714.''
III. Information Collection Statement
7. The Office of Management and Budget's (OMB) regulations require
that OMB approve certain information collection requirements imposed by
agency rule. 5 CFR Part 1320 (2010). This Final Rule contains no
information reporting requirements, and is not subject to OMB approval.
IV. Environmental Analysis
8. 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.\2\ This
Final Rule is not such an action, and 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. Part 380 of the Commission's
regulations lists exemptions to the requirement that an Environmental
Analysis or Environmental Impact Statement be done. Included is an
exemption for
[[Page 43401]]
procedural, ministerial or internal administrative actions. 18 CFR
380.4(1) and (5). This Final Rule is therefore exempt.
---------------------------------------------------------------------------
\2\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
---------------------------------------------------------------------------
V. Regulatory Flexibility Act Certification
9. The Regulatory Flexibility Act of 1980 (RFA) \3\ 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 a matter 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.
---------------------------------------------------------------------------
\3\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------
VI. Document Availability
10. 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 Web site (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.
11. From the Commission's Web site on the Internet, this
information is available in the Commission's document management
system, eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
12. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from FERC Online Support at 1-
866-208-3676 (toll free) or (202) 502-6652 (e-mail at
FERCOnlineSupport@FERC.gov), or the Public Reference Room at (202) 502-
8371, TTY 202-502-8659 (e-mail at public.referenceroom@ferc.gov).
VII. Effective Date and Congressional Notification
13. These regulations are effective on the date of publication in
the Federal Register. In accordance with 5 U.S.C. 553(d)(3) (2006), the
Commission finds that good cause exists to make this Final Rule
effective immediately. It makes minor revisions with respect 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.
14. 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.
15. The Commission is issuing this 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 agency procedure and
will not significantly affect regulated entities or the general public.
List of Subjects
18 CFR Part 2
Administrative practice and procedure, Electric power, Natural gas,
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 3b
Privacy.
18 CFR Part 4
Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 5
Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 8
Electric power, Recreation and recreation areas, Reporting and
recordkeeping requirements.
18 CFR Part 9
Electric power, Reporting and recordkeeping requirements.
18 CFR Part 11
Dams, Electric power, Indian lands, Public lands, Reporting and
recordkeeping requirements.
18 CFR Part 16
Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 24
Electric power, Reporting and recordkeeping requirements.
18 CFR Part 32
Electric utilities.
18 CFR Part 33
Electric utilities, Reporting and recordkeeping requirements,
Securities.
18 CFR Part 34
Electric power, Reporting and recordkeeping requirements.
18 CFR Part 35
Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.
18 CFR Part 39
Administrative practice and procedure.
18 CFR Part 45
Electric utilities, Reporting and recordkeeping requirements.
18 CFR Part 46
Antitrust, Electric utilities, Holding companies, Reporting and
recordkeeping requirements.
18 CFR Part 152
Natural gas, Reporting and recordkeeping requirements.
18 CFR Part 153
Exports, Imports, Natural gas, Reporting and recordkeeping
requirements.
18 CFR Part 156
Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 157
Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements, Uniform system of accounts.
18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 388
Confidential business information, Freedom of information.
By the Commission.
Kimberly D. Bose,
Secretary.
0
In consideration of the foregoing, the Commission is amending parts 2,
3b, 4, 5, 8, 9, 11, 16, 24, 32, 33, 34, 35, 39, 45, 46, 152, 153, 156,
157, 385, and 388 of Chapter I, Title 18, Code of Federal Regulations,
by making the following technical corrections:
PART 2--GENERAL POLICY AND INTERPRETATIONS
0
1. The authority citation for Part 2 continues to read as follows:
Authority: (Secs. 308, 309; 49 Stat. 858; 16 U.S.C. 825g, 825h;
secs. 15, 16; 52 Stat. 829,
[[Page 43402]]
830; 15 U.S.C. 717n, 717o) [Order 211, 24 FR 1345, Feb. 21, 1959, as
amended by Order 463, 37 FR 28054, Dec. 20, 1972; 38 FR 3192, Feb.
2, 1973; 44 FR 34941, June 18, 1979; 45 FR 21224, Apr. 1, 1980;
Order 541, 57 FR 21733, May 22, 1992; Order 603, 64 FR 26603, May
14, 1999; Order 2002, 68 FR 51115, Aug. 25, 2003]
Sec. 2.1 [Amended]
0
2. In Sec. 2.1, paragraphs (a) introductory text and (b), the phrase
``mailing'' is removed and the phrase ``mailing or e-mailing'' is added
in its place.
Sec. 2.9 [Amended]
0
3. In Sec. 2.9, paragraph (b), the phrase ``the Federal Power
Commission, Office of Public Information, Washington, DC 20426'' is
removed and the phrase ``the Federal Energy Regulatory Commission,
Washington, DC 20426'' is added in its place.
Sec. 2.13 [Amended]
0
4. In Sec. 2.13, paragraph (b), the phrase ``the Office of Public
Information, Federal Power Commission, Washington, DC 20426'' is
removed and the phrase ``the Federal Energy Regulatory Commission,
Washington, DC 20426'' is added in its place.
Sec. 2.55 [Amended]
0
5. In Sec. 2.55, paragraph (b)(4), the phrase ``on electronic media
pursuant to Sec. 385.2011 of this chapter, accompanied by 7 paper
copies'' is removed and the phrase ``in accordance with filing
procedures posted on the Commission's Web site at https://www.ferc.gov.'' is added in its place.
Sec. 2.57 [Amended]
0
6. In Sec. 2.57, in the first sentence, the phrase ``Federal Power
Commission'' is removed and the phrase ``Federal Energy Regulatory
Commission'' is added in its place.
PART 3b--COLLECTION, MAINTENANCE, USE, AND DISSEMINATION OF RECORDS
OF IDENTIFIABLE PERSONAL INFORMATION
0
7. The authority citation for Part 3b continues to read as follows:
Authority: Federal Power Act, as amended, sec. 309, 49 Stat.
858-859 (16 U.S.C. 825h); Natural Gas Act, as amended, sec. 16, 52
Stat. 830 (15 U.S.C. 717o); and Pub. L. 93-579 (88 Stat. 1896).
Sec. 3b.1 [Amended]
0
8. In Sec. 3b.1, in the first sentence, the phrase ``Federal Power
Commission's'' is removed and the phrase ``Federal Energy Regulatory
Commission's'' is added in its place.
Sec. 3b.203 [Amended]
0
9-10. In Sec. 3b.203, paragraph (b), the acronym ``FPC'' is removed
and the acronym ``FERC'' is added in its place, and the phrase
``specifically 18 CFR 3.207(e) and 3.228(d)'' is removed, and in
paragraph (c), the phrase ``Director, Office of Personnel Programs'' is
removed and the phrase ``Director, Human Resources Division'' is added
in its place.
Sec. 3b.221 [Amended]
0
11. In Sec. 3b.221, paragraph (d)(2), the phrase ``Federal Power
Commission, 825 North Capitol Street, NE., Washington, DC 20426'' is
removed and the phrase ``Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426'' is added in its place.
Sec. 3b.224 [Amended]
0
12. In Sec. 3b.224, paragraph (c)(2), the phrase ``Federal Power
Commission, 825 North Capitol Street, NE., Washington, DC 20426'' is
removed and the phrase ``Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426'' is added in its place.
PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT
COSTS
0
13. The authority citation for Part 4 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.
Sec. 4.4 [Amended]
0
14. In Sec. 4.4, the phrase ``by certified mail'' is removed, and the
phrase ``or if the States has not regulatory agency'' is removed and
the phrase ``or if the State has no regulatory agency'' is added in its
place.
Sec. 4.12 [Amended]
0
15. In Sec. 4.12, the phrase ``by certified mail'' is removed.
Sec. 4.22 [Amended]
0
16. In Sec. 4.22, the phrase ``by certified mail'' is removed.
0
17-19. In Sec. 4.32:
a. In paragraph (b)(1), the phrase ``must submit to the
Commission's Secretary for filing an original and eight copies of the
application or petition'' is removed and the phrase ``must submit the
application or petition to the Secretary of the Commission in
accordance with filing procedures posted on the Commission's Web site
at https://www.ferc.gov.'' is added in its place;
b. In paragraph (b)(2), the phrase ``must submit to the
Commission's Secretary for filing an original and eight copies of the
application'' is removed and the phrase ``must submit the application
to the Secretary of the Commission in accordance with filing procedures
posted on the Commission's Web site at https://www.ferc.gov.'' is added
in its place; and
c. In paragraph (e)(1)(i), the fifth sentence is revised to read as
follows:
Sec. 4.32 Acceptance for filing or rejection; information to be made
available to the public; requests for additional studies.
* * * * *
(e) * * *
(1) * * *
(i) * * * Deficiencies must be corrected by submitting the
specified materials or information to the Secretary of the Commission
within the time specified in the notification of deficiency in
accordance with filing procedures posted on the Commission's Web site
at https://www.ferc.gov.
* * * * *
PART 5--INTEGRATED LICENSE APPLICATION PROCESS
0
20. The authority citation for Part 5 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.
0
21. In Sec. 5.3, revise paragraph (d)(2)(vi) to read as follows:
Sec. 5.3 Process selection.
* * * * *
(d) * * *
(2) * * *
(vi) State that respondents must submit comments to the Secretary
of the Commission in accordance with filing procedures posted on the
Commission's Web site at https://www.ferc.gov.
* * * * *
Sec. 5.5 [Amended]
0
22. In Sec. 5.5, paragraph (b) introductory text, the phrase ``with
the Commission pursuant to the requirements of Subpart T of Part 385 of
this chapter an original and eight copies of a letter'' is removed and
the phrase ``with the Secretary of the Commission in accordance with
filing procedures posted on the Commission's Web site at https://www.ferc.gov, a letter'' is added in its place.
Sec. 5.6 [Amended]
0
23. In Sec. 5.6, paragraph (a)(1), the phrase ``with the Commission an
original and eight copies'' is removed and the phrase ``with the
Secretary of the Commission in accordance with filing procedures posted
on the Commission's Web site at https://www.ferc.gov'' is added in its
place.
[[Page 43403]]
PART 8--RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED
PROJECTS
0
24. The authority citation for Part 8 continues to read as follows:
Authority: 5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 42 U.S.C.
7101-7352.
Sec. 8.11 [Amended]
0
25. In Sec. 8.11, paragraph (a)(1), the phrase ``shall prepare with
respect to each development within such project an original and two
copies of FERC Form No. 80 prescribed by Sec. 141.14 of this chapter
and submit them to a the Commission pursuant to the requirements in the
General Information portion of the form'' is removed and the phrase
``shall prepare with respect to each development within such project a
FERC Form No. 80 and submit them to the Secretary of the Commission in
accordance with filing procedures posted on the Commission's Web site
at https://www.ferc.gov.'' is added in its place.
PART 9--TRANSFER OF LICENSE OR LEASE OF PROJECT PROPERTY
0
26. The authority citation for Part 9 continues to read as follows:
Authority: Sec. 8, 41 Stat. 1068, sec. 309, 49 Stat. 858; 16
U.S.C. 801, 825h; Pub. L. 96--511, 94 Stat. 2812 (44 U.S.C. 3501 et
seq.)
0
27. Section 9.10 is revised to read as follows:
Sec. 9.10 Filing.
Any licensee desiring to lease the project property covered by a
license or any part thereof, where the lessee is granted the exclusive
occupancy, possession, or use of project works for purposes of
generating, transmitting, or distributing power, and the person,
association, or corporation, State, or municipality desiring to acquire
the project property by lease, must file the proposed lease together
with the application in accordance with Sec. 4.32(b)(1) of this
chapter. The application and the Commission's action on it will, in
general, be subject to the provisions of Sec. Sec. 9.1 through 9.3.
PART 11--ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT
0
28. The authority citation for Part 11 continues to read as follows:
Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.
0
29. In Sec. 11.6(i), the second sentence is revised to read as
follows:
Sec. 11.6 Exemption of State and municipal licensees and exemptees.
* * * * *
(i) * * * The application must be filed with the Secretary of the
Commission in accordance with filing procedures posted on the
Commission's Web site at https://www.ferc.gov within the time allowed
(by Sec. 11.20) for the payment of the annual charges.'' * * *
PART 16--PROCEDURES RELATING TO TAKEOVER AND RELICENSING OF
LICENSED PROJECTS
0
30. The authority citation for Part 16 continues to read as follows:
Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.
Sec. 16.6 [Amended]
0
31. InSec. 16.6(b) introductory text, the phrase ``must file with the
Commission an original and fourteen copies of'' is removed and the
phrase ``must file with the Secretary of the Commission in accordance
with filing procedures posted on the Commission's Web site at https://www.ferc.gov'' is added in its place.
PART 24--DECLARATION OF INTENTION
0
32. The authority citation for Part 24 continues to read as follows:
Authority: 16 U.S.C. 791a-825r; 44 U.S.C. 3501 et seq. ; 42
U.S.C. 7101-7352.
0
33. In Sec. 24.1, revise the first sentence to read as follows:
Sec. 24.1 Filing.
A declaration of intention under the provisions of section 23(b) of
the Act shall be filed with the Secretary of the Commission in
accordance with filing procedures posted on the Commission's Web site
at https://www.ferc.gov. * * *
* * * * *
PART 32--INTERCONNECTION OF FACILITIES
0
34. The authority citation for Part 32 is revised to read as follows:
Authority: 42 U.S.C. 7101-7352; E.O. No. 12,009, 3 CFR 1978
Comp., p. 142; 31 U.S.C. 9701; 16 U.S.C. 791a-825r; 16 U.S.C. 2601-
2645 (1988).
0
35. In Sec. 32.1, the section heading is revised as set forth below,
and the phrase ``shall be accompanied by the fee prescribed in Part 381
of this chapter and'' is removed from the introductory text.
Sec. 32.1 Contents of the application.
* * * * *
0
36. Section 32.4 is revised to read as follows:
Sec. 32.4 Filing procedure.
All applications under Part 32 must be filed with the Secretary of
the Commission in accordance with filing procedures posted on the
Commission's Web site at https://www.ferc.gov.
PART 33--APPLICATION FOR ACQUISITION, SALE, LEASE, OR OTHER
DISPOSITION, MERGER OR CONSOLIDATION OF FACILITIES, OR FOR PURCHASE
OR ACQUISITION OF SECURITIES OF A PUBLIC UTILITY
0
37. The authority citation for part 33 is revised to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
Sec. 33.6 [Removed]
0
38. Section 33.6 is removed.
0
39. In Sec. 33.8, revise the first sentence to read as follows:
Sec. 33.8 Number of copies.
The applicant must submit the application or petition to the
Secretary of the Commission in accordance with filing procedures posted
on the Commission's Web site at https://www.ferc.gov.* * *
PART 34--APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF
SECURITIES OR THE ASSUMPTION OF LIABILITIES
0
40. The authority citation for Part 34 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.
Sec. 34.3 [Amended]
0
41. In Sec. 34.3, remove paragraph (k).
0
42. Section 34.7 is revised to read as follows:
Sec. 34.7 Filing requirements.
Applications must be filed with the Secretary of the Commission in
accordance with filing procedures posted on the Commission's Web site
at https://www.ferc.gov.
Sec. 34.9 [Removed]
0
43. Remove Sec. 34.9.
Sec. 34.10 [Redesignated as Sec. 34.9]
0
44. Section 34.10 is redesignated as Sec. 34.9.
PART 35--FILING OF RATE SCHEDULES AND TARIFFS
0
45. The authority citation for Part 35 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.
Sec. 35.0 [Removed]
0
46-47. Section 35.0 is removed.
[[Page 43404]]
Sec. 35.33 [Amended]
0
48. In Sec. 35.33, paragraph (c), the phrase ``Commission's Library,
Room 95-01'' is removed and the phrase ``Commission'' is added in its
place. The phrase https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html is removed and the phrase
https://www.archives.gov/federal-register/cfr/ibr-locations.html is
added in its place.
PART 39--RULES CONCERNING CERTIFICATION OF THE ELECTRIC RELIABILITY
ORGANIZATION; AND PROCEDURES FOR THE ESTABLISHMENT, APPROVAL, AND
ENFORCEMENT OF ELECTRIC RELIABILITY STANDARDS
0
49. The authority citation for Part 39 continues to read as follows:
Authority: 16 U.S.C. 824o.
Sec. 39.7 [Amended]
0
50. In Sec. 39.7, paragraph (d)(6) is removed and paragraph (d)(7) is
redesignated as paragraph (d)(6).
PART 45--APPLICATION FOR AUTHORITY TO HOLD INTERLOCKING POSITIONS
0
51. The authority citation for Part 45 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; 3 CFR 142.
0
52. Section 45.7 is revised to read as follows:
Sec. 45.7 Form of application; filing procedure.
Applications, supplemental applications, statements of supplemental
information, notices of change, and reports should be filed with the
Secretary of the Commission in accordance with filing procedures posted
on the Commission's Web site at https://www.ferc.gov. Each filing must
be dated, signed by the applicant, and verified under oath in
accordance with Sec. 385.2005(b) and (c).
0
53. In Sec. 45.8, the section heading and introductory text are
revised to read as follows:
Sec. 45.8 Contents of application.
Each application shall state the following:
* * * * *
PART 46--PUBLIC UTILITY FILING REQUIREMENTS AND FILING REQUIREMENTS
FOR PERSONS HOLDING INTERLOCKING POSITIONS
0
54. The authority citation for Part 46 is revised to read as follows:
Authority: 16 U.S.C. 792-828c; 16 U.S.C. 2601-2645; 42 U.S.C.
7101-7352; E.O. 12009, 3 CFR 142.
0
55. In Sec. 46.3, the second sentence of paragraph (a) is revised to
read as follows:
Sec. 46.3 Purchaser list.
(a) * * * The public utility must submit the list to the Secretary
of the Commission in accordance with filing procedures posted on the
Commission's Web site at https://www.ferc.gov and make the list publicly
available through its principal business office.
* * * * *
Sec. 46.4 [Amended]
0
56. In Sec. 46.4 introductory text, the phrase ``the Office of the
Secretary of the Commission a written statement'' is removed and the
phrase ``the Secretary of the Commission a statement'' is added in its
place.
0
57. In Sec. 46.6, the section heading is revised and in paragraph
(d)(3), the phrase ``shall be available to the public during regular
business hours through the Commission's Office of Public Information''
is removed and the phrase ``shall be available to the public through
the Commission's eLibrary system on https://www.ferc.gov'' is added in
its place.
The revision reads as follows:
Sec. 46.6 Contents of the statement and procedures for filing.
* * * * *
PART 152--APPLICATION FOR EXEMPTION FROM THE PROVISIONS OF THE
NATURAL GAS ACT PURSUANT TO SECTION 1(C) THEREOF AND ISSUANCE OF
BLANKET CERTIFICATES AUTHORIZING CERTAIN SALES FOR RESALE
0
58. The authority citation for Part 152 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
0
59. Section 152.2 is revised to read as follows:
Sec. 152.2 Form of application; service.
The application must be filed with the Secretary of the Commission
in accordance with filing procedures posted on the Commission's Web
site at https://www.ferc.gov. A copy of the application shall be served
on the State Commission which has jurisdiction over the applicant and
upon each wholesale customer of the applicant.
0
60. In Sec. 152.3, the section heading is revised and in the
introductory text, the phrase ``shall be accompanied by the fee
prescribed in part 381 of this chapter or a petition for waiver
pursuant to Sec. 381.106 of this chapter and'' is removed.
The revision reads as follows:
Sec. 152.3 Contents of application.
* * * * *
Sec. 152.5 [Amended]
0
61. In Sec. 152.5, the phrase ``Federal Power Commission'' is removed
in each of the two places in which it appears and the phrase ``Federal
Energy Regulatory Commission'' is added in both places.
PART 153--APPLICATIONS FOR AUTHORIZATION TO CONSTRUCT, OPERATE, OR
MODIFY FACILITIES USED FOR THE EXPORT OR IMPORT OF NATURAL GAS
0
62. The authority citation for Part 153 continues to read as follows:
Authority: 15 U.S.C. 717b, 717o; E.O. 10485, 3 CFR, 1949-1953
Comp., p. 970, as amended by E.O. 12038, 3 CFR, 1978 Comp., p. 136,
DOE Delegation Order No. 0204-112, 49 FR 6684 (February 22, 1984).
0
63. In Sec. 153.20, paragraph (a) is revised to read as follows:
Sec. 153.20 General Rule.
(a) Filing procedures. Applications under Subparts B and C must be
submitted to the Secretary of the Commission in accordance with filing
procedures posted on the Commission's Web site at https://www.ferc.gov.
* * * * *
PART 156--APPLICATIONS FOR ORDERS UNDER SECTION 7(a) OF THE NATURAL
GAS ACT
0
64. The authority citation for Part 156 is revised to read as follows:
Authority: 52 Stat. 824, 829, 830; 56 Stat. 83, 84; 15 U.S.C.
717f, 717f(a), 717n, 717o.
0
65. In Sec. 156.3, the section heading and paragraph (a) are revised,
and in paragraph (b) introductory text, the phrase ``shall be
accompanied by the fee prescribed in part 159 of this subchapter and''
is removed.
The revisions read as follows:
Sec. 156.3 Applications; general requirements.
(a) Applicable rules. The application must be filed with the
Secretary of the Commission in accordance with filing procedures posted
on the Commission's Web site at https://www.ferc.gov. In all other
respects applications shall conform to the requirements of Sec. Sec.
156.1 through 156.5. Amendments to or withdrawals of applications shall
be filed in accordance with the
[[Page 43405]]
requirements of Sec. Sec. 385.213 and 385.214 of this chapter.
* * * * *
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
66. The authority citation for Part 157 continues to read as follows:
Authority: 15 U.S.C. 717-717w.
Sec. 157.6 [Amended]
0
67. In Sec. 157.6, paragraph (a)(5) is removed and paragraph (a)(6) is
redesignated as paragraph (a)(5), and in paragraph (b) introductory
text, the phrase ``shall be accompanied by the fee prescribed in part
381 of this chapter or a petition for waiver pursuant to Sec. 381.106
of this chapter and'' is removed.
PART 385--RULES OF PRACTICE AND PROCEDURE
0
68. 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).
Sec. 385.1901 [Amended]
0
69. In Sec. 385.1901, in the address given in paragraph (c)(2), the
phrase ``Suite 8000, 825 North Capitol Street, NE.'' is removed and the
phrase ``888 First Street, NE.'' is added in its place.
0
70. Section 385.2004 is revised to read as follows:
Sec. 385.2004 Originals and copies of filings (Rule 2004).
The requirements for making filings under this chapter are posted
on the Commission's Web site at https://www.ferc.gov. The requirements
cover documents and forms submitted on paper, on electronic media, or
via the Commission's electronic filing systems.
Sec. 385.2012 [Amended]
0
71. In Sec. 385.2012, the phrase ``825 North Capitol Street, NE.'' is
removed and the phrase ``888 First Street, NE.'' is added in its place.
PART 388--INFORMATION AND REQUESTS
0
72. The authority citation for Part 388 continues to read as follows:
Authority: 5 U.S.C. 301-305, 551, 552 (as amended), 553-557;
42 U.S.C. 7101-7352.
0
73. In Sec. 388.112, paragraph (b) is revised to read as follows:
Sec. 388.112 Requests for special treatment of documents submitted to
the Commission.
* * * * *
(b) Procedures. A person claiming that information warrants special
treatment as CEII or privileged must file a statement requesting CEII
or privileged treatment for some or all of the information in a
document, and the justification for special treatment of the
information, in accordance with filing procedures posted on the
Commission's Web site at https://www.ferc.gov.
* * * * *
[FR Doc. 2010-17561 Filed 7-23-10; 8:45 am]
BILLING CODE 6717-01-P