Supplement to Commission Procedures During Periods of Emergency Operations Requiring Activation of Continuity of Operations Plan, 48553-48555 [2010-19779]
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48553
Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations
requirement had not been approved by
OMB at the time of publication.
In accordance with the Paperwork
Reduction Act, the FAA submitted a
copy of the information collection
requirements to OMB for its review.
OMB approved the collection on July
29, 2010, and assigned the information
collection OMB Control Number 2120–
0728, which expires on July 31, 2013.
This document is being published to
inform affected parties of the approval,
and to announce that as of July 29, 2010,
affected parties are required to comply
with the information collection
requirements in § 91.225.
Issued in Washington, DC, on August 6,
2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010–19809 Filed 8–10–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 11
[Docket No. RM10–27–000]
Update of the Federal Energy
Regulatory Commission’s Fees
Schedule for Annual Charges for the
Use of Government Lands; Corrections
Date: August 5, 2010.
List of Subjects in 18 CFR Part 11
Federal Energy Regulatory
Commission.
ACTION: Final rule: Correction and
correcting amendments.
AGENCY:
On July 28, 2010, the Federal
Energy Regulatory Commission
published a rule updating its schedule
of fees for the use of government lands.
The yearly update was based on the
most recent schedule of fees for the use
of linear rights-of-way prepared by the
United States Forest Service. This
document makes a preamble correction
to that document and amends the CFR
to correct an error resulting from that
document.
SUMMARY:
DATES:
Effective Date: August 11, 2010.
FOR FURTHER INFORMATION CONTACT:
Fannie Kingsberry, Division of Financial
Services, Office of the Executive
State
*
*
Director, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–6108.
SUPPLEMENTARY INFORMATION: In FR Doc.
2010–18201, appearing on page 44094
in the Federal Register of Wednesday,
July 28, 2010, make the following
preamble correction:
On page 44094, in the center column,
in the SUMMARY section, beginning on
the fourteenth line, correct the date
‘‘October 1, 2010’’ to read ‘‘October 1,
2009’’.
Electric power, Reporting and
recordkeeping requirements.
■ In addition, the Commission corrects
18 CFR part 11 by making the following
correcting amendment.
PART 11—ANNUAL CHARGES UNDER
PART 1 OF THE FEDERAL POWER
ACT
1. The authority citation for part 11
continues to read as follows:
■
Authority: 16 U.S.C. 791a–825r; 42 U.S.C.
7101–7352.
2. In Appendix A to Part 11, add the
following footnotes to the end of the fee
schedule table:
■
Appendix A to Part 11—Fee Schedule
for FY 2010
County
*
*
(Fee/acre/yr)
*
*
*
* State-average Land and Building value used when no county-specific is available.
** Land areas to be determined.
Thomas R. Herlihy,
Executive Director, Office of the Executive
Director.
Supplement to Commission
Procedures During Periods of
Emergency Operations Requiring
Activation of Continuity of Operations
Plan
Issued August 5, 2010.
BILLING CODE 6717–01–P
DATES:
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
[FR Doc. 2010–19717 Filed 8–10–10; 8:45 am]
required to implement its Continuity of
Operations Plan in response to an
emergency situation that disrupts
communications to or from the
Commission’s headquarters or which
otherwise impairs headquarters
operations. The rule temporarily tolls
for purposes of further consideration the
time period for Commission action
required for relief from, or reinstatement
of, an electric utility’s mandatory
purchase obligation under the Public
Utility Regulatory Policies Act of 1978.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 376
srobinson on DSKHWCL6B1PROD with RULES
[Docket No. RM10–28–000; Order No. 738]
AGENCY:
In this rule the Commission
supplements the procedures previously
established with regard to filing and
other requirements if the Commission is
SUMMARY:
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18:14 Aug 10, 2010
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Effective Date: The rule will
become effective August 11, 2010.
Rachel E. Bryant, Office of the General
Counsel, Federal Energy Regulatory
Commission, Room 101–32, 888 First
St., NE., Washington, DC 20426, (202)
502–6736.
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48554
Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations
Lawrence R. Greenfield, Office of the
General Counsel, Federal Energy
Regulatory Commission, Room 10D–
01, 888 First St., NE., Washington, DC
20426, (202) 502–6415.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff,
Chairman; Marc Spitzer, Philip D. Moeller,
John R. Norris, and Cheryl A. LaFleur.
I. Introduction
1. The Federal Energy Regulatory
Commission (Commission) previously
amended its regulations in Order No.
680 by modifying certain filing
requirements and establishing
procedures to be effective during
emergencies affecting the Commission
that require it to implement its
Continuity of Operations Plan (COOP
Plan). The COOP Plan was developed to
address emergency conditions lasting
up to 30 days during which Commission
headquarters operations may be
temporarily disrupted or
communications may be temporarily
unavailable, either of which may
prevent the public or the Commission
from meeting regulatory or statutory
requirements.1 The COOP Plan
temporarily suspends filing
requirements and ensures that deadlines
for Commission actions that fall during
the period the COOP Plan is in
operation are met, thereby providing
continuity in the conduct of the
Commission’s business and certainty to
parties with business before the
Commission.2
2. One procedure established by the
COOP Plan tolls for purposes of further
consideration the time periods for
certain Commission actions that would
otherwise be required during an
emergency.3 Examples of such actions
include the 60-day period for acting on
requests for Exempt Wholesale
Generator or Foreign Utility Company
status and the 30-day period for acting
on requests for rehearing.4 The
Commission is now amending this list
to also provide for the tolling of
Commission action required in granting
relief from, or reinstatement of, an
electric utility’s mandatory purchase
obligation under section 210(m) of the
Public Utility Regulatory Policies Act of
1978.5
II. Discussion
3. The Energy Policy Act of 2005
(EPAct 2005) 6 was signed into law on
August 8, 2005. Section 1253(a) of
EPAct 2005 added section 210(m) to the
Public Utility Regulatory Policies Act of
1978 7 which provided, among other
things, for termination of the
requirement that an electric utility enter
into a new contract or obligation to
purchase electric energy from qualifying
cogeneration facilities and qualifying
small power production facilities (QFs)
if the Commission finds that the QF has
nondiscriminatory access to one of the
three categories of markets defined in
section 210(m)(1)(A), (B) or (C).8 In
consideration of the foregoing, the
Commission previously amended Part
292 of the Commission’s regulations.
4. Sections 292.309 and 292.310 9 set
forth the standards and filing
requirements for an application by an
electric utility seeking to terminate the
requirement to enter into new purchase
contracts and obligations with QFs.
Sections 292.311 and 292.313 similarly
provide the standards and filing
requirements for an application for
reinstatement of an electric utility’s
mandatory purchase obligation.10 In
each of these situations the Commission
issues an order within 90 days of such
application either terminating or
reinstating an electric utility’s
mandatory purchase obligation.
5. Section 376.209(c) 11 enables the
Commission, during an emergency, to
toll for purpose of further consideration
the time periods for certain Commission
actions. The Commission’s regulations,
while providing for the tolling of many
Commission actions, do not address the
termination of, or reinstatement of, the
mandatory purchase obligation. To fill
this gap, this rule amends the
Commission’s COOP Plan to include the
tolling of the 90-day period for acting on
applications requesting relief from, or
5 See
16 U.S.C. 824a–3(m) (2006).
Law 109–58, 1253, 119 Stat. 594 (2005).
7 16 U.S.C. 824a–3(m).
8 New PURPA Section 210(m) Regulations
Applicable to Small Power Production and
Cogeneration Facilities, Order No. 688, FERC Stats.
& Regs. ¶ 31,233, at P 1–8, order on reh’g, Order No.
688–A, FERC Stats. & Regs. ¶ 31,250 (2007)
(characterizing the three market types as: (1)
Auction based day-ahead and real time markets; (2)
auction based real-time markets but not auction
based day-ahead markets; and (3) comparable
markets).
9 18 CFR 292.309, 292.310 (2010); see also 18 CFR
§ 292.312 (2010).
10 18 CFR 292.311, 292.313 (2010).
11 18 CFR 376.209(c) (2010).
srobinson on DSKHWCL6B1PROD with RULES
6 Public
1 More information concerning the COOP Plan
can be found on the Commission’s Web site at
https://www.ferc.gov/coop.asp.
2 Activation of the COOP Plan affects
communications with headquarters only, and does
not affect communications required to be made
directly to the Commission’s Regional Offices.
3 For a complete list of procedures, see
Commission Procedures During Periods of
Emergency Operations Requiring Activation of
Continuity of Operations Plan, Order No. 680, FERC
Stats. & Regs. ¶ 31,223 (2006).
4 To view a complete list of tolled Commission
actions, see Order 680, FERC Stats. & Regs. ¶ 31,223
at P 5.
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reinstatement of, the mandatory
purchase obligation.
III. Regulatory Flexibility Act
Certification
6. The Regulatory Flexibility Act of
1980 (RFA) 12 generally requires a
description and analysis of final rules
that will have a significant economic
impact on a substantial number of small
entities. This final rule concerns a
matter of internal agency procedure and
it will not have such an impact. An
analysis under the RFA is not required.
IV. Information Collection Standard
7. Office of Management and Budget
(OMB) regulations require OMB to
approve certain information collection
requirements imposed by agency rule.13
This final rule contains no new
information collections. Therefore, OMB
review of this final rule is not required.
V. 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. Excluded from this
requirement are rules that are clarifying,
corrective, or procedural or that do not
substantially change the effect of the
regulations being amended.14 This rule
is procedural in nature and therefore
falls within this exception;
consequently, no environmental
consideration is necessary.
VI. Document Availability
9. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
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.
10. From the Commission’s Home
Page on the Internet, this information is
available in the 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 5
U.S.C. 601–12 (2006).
CFR 1320.12 (2006).
14 18 CFR 380.4(a)(2) (2010); Regulations
Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987),
FERC Stats. & Regs. ¶ 30,783 (1987).
13 5
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Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations
11. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours. For
assistance, please contact Online
Support at 1–866–208–3676 (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).
to section 210(m) of the Public Utility
Regulatory Policies Act of 1978.
*
*
*
*
*
[FR Doc. 2010–19779 Filed 8–10–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF STATE
VII. Effective Date and Congressional
Notification
22 CFR Part 62
12. The provisions of 5 U.S.C. 801
regarding Congressional review of final
rules do not apply to this final rule,
because the rule concerns agency
procedure and practice and will not
substantially affect the rights of nonagency parties.
13. These regulations are effective on
August 11, 2010. The Commission finds
that notice and public comments are
unnecessary because this rule concerns
only agency procedure or practice.
Therefore, the Commission finds good
cause to waive the notice period
otherwise required before the effective
date of a final rule.
[Public Notice: 7114]
RIN 1400–AC15
List of Subjects in 18 CFR Part 376
Civil defense, Organization and
functions (Government agencies).
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission amends part 376, chapter I,
title 18, Code of Federal Regulations, as
follows:
■
PART 376—ORGANIZATION, MISSION,
AND FUNCTIONS; COMMISSION
OPERATION DURING EMERGENCY
CONDITIONS
1. The authority citation for part 376
continues to read as follows:
■
Authority: 5 U.S.C. 553; 42 U.S.C. 7101–
7352; E.O. 12009, 3 CFR 1978 Comp., p. 142.
2. In § 376.209, paragraphs (c)(11) and
(12) are revised and paragraph (c)(13) is
added to read as follows:
■
§ 376.209 Procedures during periods of
emergency requiring activation of the
Continuity of Operations Plan.
srobinson on DSKHWCL6B1PROD with RULES
*
*
*
*
*
(c) * * *
(11) 30-day period for acting on
requests for rehearing;
(12) Time periods for acting on
interlocutory appeals and certified
questions; and
(13) 90-day period for acting on
applications requesting relief from, or
reinstatement of, an electric utility’s
mandatory purchase obligation pursuant
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16:53 Aug 10, 2010
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Exchange Visitor Program—Trainees
and Interns
AGENCY:
United States Department of
State.
ACTION:
Final rule.
On June 19, 2007, the
Department published an interim final
rule amending its regulations regarding
Trainees and Interns to, among other
things, eliminate the distinction
between ‘‘non-specialty occupations’’
and ‘‘specialty occupations,’’ establish a
new internship program, and modify the
selection criteria for participation in a
training program.
This document confirms the Interim
Final Rule as final and amends the
requirements to permit the use of
telephone interviews to screen potential
participants for eligibility, to remove the
requirement that sponsors secure a Dun
& Bradstreet report profiling companies
with whom a participant will be placed
and also amends this provision to
provide clarification regarding the
verification of Worker’s Compensation
coverage for participants and use of an
Employer Identification Number to
ascertain that a third-party host
organization providing training is a
viable entity, and to clarify that trainees
and interns may repeat training and
internship programs under certain
conditions.
SUMMARY:
Effective September 10, 2010 this
document confirms as final with
changes, the interim final rule (E7–
11703) published on June 19, 2007
(72 FR 33669).
FOR FURTHER INFORMATION CONTACT:
Stanley S. Colvin, Deputy Assistant
Secretary for Private Sector Exchange,
U.S. Department of State, SA–5, 2200 C
Street, NW., 5th Floor, Washington, DC
20522–0505; or e-mail at
JExchanges@state.gov.
DATES:
The
Department published a Notice of
Proposed Rulemaking (NPRM) on April
7, 2006 (71 FR 17768), followed by the
Interim Final Rule on June 19, 2007.
Having thoroughly reviewed the
SUPPLEMENTARY INFORMATION:
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48555
comments received, the Department has
determined that it will, and hereby
does, adopt the Interim Final Rule with
minor amendments to four regulatory
provisions to provide greater specificity
regarding the selection, screening,
placement and monitoring of trainee
and intern participants.
Analysis of Comments
The Interim Final Rule addressed
almost 1,600 comments received in
response to the NPRM. Subsequently,
the Department received a total of 120
comments involving multiple
provisions of the Interim Final Rule. Of
this total, 79 responses were identical
form letters encouraged through a
writing campaign directed by a third
party organization that opposed the
exclusion of trainees or interns from the
field of veterinary sciences. As
explained in both the proposed and
interim final rules, the Department, as a
matter of long established policy does
not support use of the J–1 visa for
clinical patient care including
veterinary medicine. The sole exception
to this policy are foreign medical
graduates entering the United States for
the purpose of graduate medical
education of training. The activities
undertaken by Foreign Medical
Graduates (FMG) are specifically
authorized by statute (The Mutual
Educational and Cultural Exchange Act,
as amended by the Health Care
Professions Act, Pub. L. 94–484). The
remaining 41 responses were from
Exchange Visitor Program sponsors and
the general public. The commenting
parties addressed the following issues:
One comment was received
recommending that the trainee and
intern categories be separated into two
distinct categories and one comment
proposed a moratorium on all training
programs. These two comments are
beyond the scope of the Interim Rule in
that such action was not proposed, nor
is it current practice.
Six comments were received
regarding § 62.22(b)(1), all of which
were opposed to the requirement that
internships must be related to the
students’ fields of study; these
comments recommended that the
Department eliminate this requirement.
The Department has determined that for
participants to benefit from the
Exchange Visitor Program, it is essential
that their training and internship
programs be in their fields of study, and
that they are adequately advanced in
their chosen career fields to benefit from
program participation. Otherwise, the
risk exists that persons participating in
these internships could be seen as a
source of labor, rather than interns
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]]>Agencies
[Federal Register Volume 75, Number 154 (Wednesday, August 11, 2010)]
[Rules and Regulations]
[Pages 48553-48555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19779]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 376
[Docket No. RM10-28-000; Order No. 738]
Supplement to Commission Procedures During Periods of Emergency
Operations Requiring Activation of Continuity of Operations Plan
Issued August 5, 2010.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule the Commission supplements the procedures
previously established with regard to filing and other requirements if
the Commission is required to implement its Continuity of Operations
Plan in response to an emergency situation that disrupts communications
to or from the Commission's headquarters or which otherwise impairs
headquarters operations. The rule temporarily tolls for purposes of
further consideration the time period for Commission action required
for relief from, or reinstatement of, an electric utility's mandatory
purchase obligation under the Public Utility Regulatory Policies Act of
1978.
DATES: Effective Date: The rule will become effective August 11, 2010.
FOR FURTHER INFORMATION CONTACT:
Rachel E. Bryant, Office of the General Counsel, Federal Energy
Regulatory Commission, Room 101-32, 888 First St., NE., Washington, DC
20426, (202) 502-6736.
[[Page 48554]]
Lawrence R. Greenfield, Office of the General Counsel, Federal Energy
Regulatory Commission, Room 10D-01, 888 First St., NE., Washington, DC
20426, (202) 502-6415.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer,
Philip D. Moeller, John R. Norris, and Cheryl A. LaFleur.
I. Introduction
1. The Federal Energy Regulatory Commission (Commission) previously
amended its regulations in Order No. 680 by modifying certain filing
requirements and establishing procedures to be effective during
emergencies affecting the Commission that require it to implement its
Continuity of Operations Plan (COOP Plan). The COOP Plan was developed
to address emergency conditions lasting up to 30 days during which
Commission headquarters operations may be temporarily disrupted or
communications may be temporarily unavailable, either of which may
prevent the public or the Commission from meeting regulatory or
statutory requirements.\1\ The COOP Plan temporarily suspends filing
requirements and ensures that deadlines for Commission actions that
fall during the period the COOP Plan is in operation are met, thereby
providing continuity in the conduct of the Commission's business and
certainty to parties with business before the Commission.\2\
---------------------------------------------------------------------------
\1\ More information concerning the COOP Plan can be found on
the Commission's Web site at https://www.ferc.gov/coop.asp.
\2\ Activation of the COOP Plan affects communications with
headquarters only, and does not affect communications required to be
made directly to the Commission's Regional Offices.
---------------------------------------------------------------------------
2. One procedure established by the COOP Plan tolls for purposes of
further consideration the time periods for certain Commission actions
that would otherwise be required during an emergency.\3\ Examples of
such actions include the 60-day period for acting on requests for
Exempt Wholesale Generator or Foreign Utility Company status and the
30-day period for acting on requests for rehearing.\4\ The Commission
is now amending this list to also provide for the tolling of Commission
action required in granting relief from, or reinstatement of, an
electric utility's mandatory purchase obligation under section 210(m)
of the Public Utility Regulatory Policies Act of 1978.\5\
---------------------------------------------------------------------------
\3\ For a complete list of procedures, see Commission Procedures
During Periods of Emergency Operations Requiring Activation of
Continuity of Operations Plan, Order No. 680, FERC Stats. & Regs. ]
31,223 (2006).
\4\ To view a complete list of tolled Commission actions, see
Order 680, FERC Stats. & Regs. ] 31,223 at P 5.
\5\ See 16 U.S.C. 824a-3(m) (2006).
---------------------------------------------------------------------------
II. Discussion
3. The Energy Policy Act of 2005 (EPAct 2005) \6\ was signed into
law on August 8, 2005. Section 1253(a) of EPAct 2005 added section
210(m) to the Public Utility Regulatory Policies Act of 1978 \7\ which
provided, among other things, for termination of the requirement that
an electric utility enter into a new contract or obligation to purchase
electric energy from qualifying cogeneration facilities and qualifying
small power production facilities (QFs) if the Commission finds that
the QF has nondiscriminatory access to one of the three categories of
markets defined in section 210(m)(1)(A), (B) or (C).\8\ In
consideration of the foregoing, the Commission previously amended Part
292 of the Commission's regulations.
---------------------------------------------------------------------------
\6\ Public Law 109-58, 1253, 119 Stat. 594 (2005).
\7\ 16 U.S.C. 824a-3(m).
\8\ New PURPA Section 210(m) Regulations Applicable to Small
Power Production and Cogeneration Facilities, Order No. 688, FERC
Stats. & Regs. ] 31,233, at P 1-8, order on reh'g, Order No. 688-A,
FERC Stats. & Regs. ] 31,250 (2007) (characterizing the three market
types as: (1) Auction based day-ahead and real time markets; (2)
auction based real-time markets but not auction based day-ahead
markets; and (3) comparable markets).
---------------------------------------------------------------------------
4. Sections 292.309 and 292.310 \9\ set forth the standards and
filing requirements for an application by an electric utility seeking
to terminate the requirement to enter into new purchase contracts and
obligations with QFs. Sections 292.311 and 292.313 similarly provide
the standards and filing requirements for an application for
reinstatement of an electric utility's mandatory purchase
obligation.\10\ In each of these situations the Commission issues an
order within 90 days of such application either terminating or
reinstating an electric utility's mandatory purchase obligation.
---------------------------------------------------------------------------
\9\ 18 CFR 292.309, 292.310 (2010); see also 18 CFR Sec.
292.312 (2010).
\10\ 18 CFR 292.311, 292.313 (2010).
---------------------------------------------------------------------------
5. Section 376.209(c) \11\ enables the Commission, during an
emergency, to toll for purpose of further consideration the time
periods for certain Commission actions. The Commission's regulations,
while providing for the tolling of many Commission actions, do not
address the termination of, or reinstatement of, the mandatory purchase
obligation. To fill this gap, this rule amends the Commission's COOP
Plan to include the tolling of the 90-day period for acting on
applications requesting relief from, or reinstatement of, the mandatory
purchase obligation.
---------------------------------------------------------------------------
\11\ 18 CFR 376.209(c) (2010).
---------------------------------------------------------------------------
III. Regulatory Flexibility Act Certification
6. The Regulatory Flexibility Act of 1980 (RFA) \12\ generally
requires a description and analysis of final rules that will have a
significant economic impact on a substantial number of small entities.
This final rule concerns a matter of internal agency procedure and it
will not have such an impact. An analysis under the RFA is not
required.
---------------------------------------------------------------------------
\12\ 5 U.S.C. 601-12 (2006).
---------------------------------------------------------------------------
IV. Information Collection Standard
7. Office of Management and Budget (OMB) regulations require OMB to
approve certain information collection requirements imposed by agency
rule.\13\ This final rule contains no new information collections.
Therefore, OMB review of this final rule is not required.
---------------------------------------------------------------------------
\13\ 5 CFR 1320.12 (2006).
---------------------------------------------------------------------------
V. 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. Excluded
from this requirement are rules that are clarifying, corrective, or
procedural or that do not substantially change the effect of the
regulations being amended.\14\ This rule is procedural in nature and
therefore falls within this exception; consequently, no environmental
consideration is necessary.
---------------------------------------------------------------------------
\14\ 18 CFR 380.4(a)(2) (2010); Regulations Implementing the
National Environmental Policy Act, Order No. 486, 52 FR 47897 (Dec.
17, 1987), FERC Stats. & Regs. ] 30,783 (1987).
---------------------------------------------------------------------------
VI. Document Availability
9. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (https://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.
10. From the Commission's Home Page on the Internet, this
information is available in the 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.
[[Page 48555]]
11. User assistance is available for eLibrary and the Commission's
Web site during normal business hours. For assistance, please contact
Online Support at 1-866-208-3676 (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
12. The provisions of 5 U.S.C. 801 regarding Congressional review
of final rules do not apply to this final rule, because the rule
concerns agency procedure and practice and will not substantially
affect the rights of non-agency parties.
13. These regulations are effective on August 11, 2010. The
Commission finds that notice and public comments are unnecessary
because this rule concerns only agency procedure or practice.
Therefore, the Commission finds good cause to waive the notice period
otherwise required before the effective date of a final rule.
List of Subjects in 18 CFR Part 376
Civil defense, Organization and functions (Government agencies).
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
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In consideration of the foregoing, the Commission amends part 376,
chapter I, title 18, Code of Federal Regulations, as follows:
PART 376--ORGANIZATION, MISSION, AND FUNCTIONS; COMMISSION
OPERATION DURING EMERGENCY CONDITIONS
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1. The authority citation for part 376 continues to read as follows:
Authority: 5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142.
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2. In Sec. 376.209, paragraphs (c)(11) and (12) are revised and
paragraph (c)(13) is added to read as follows:
Sec. 376.209 Procedures during periods of emergency requiring
activation of the Continuity of Operations Plan.
* * * * *
(c) * * *
(11) 30-day period for acting on requests for rehearing;
(12) Time periods for acting on interlocutory appeals and certified
questions; and
(13) 90-day period for acting on applications requesting relief
from, or reinstatement of, an electric utility's mandatory purchase
obligation pursuant to section 210(m) of the Public Utility Regulatory
Policies Act of 1978.
* * * * *
[FR Doc. 2010-19779 Filed 8-10-10; 8:45 am]
BILLING CODE 6717-01-P
