Continuity of Operations Plan, 21245-21246 [2013-08341]
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Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Rules and Regulations
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
emergency, and accordingly this
revision allows for delegation of
authority to staff members located in
regional offices outside the National
Capital Region. In addition, this Final
Rule revises the hierarchy list to change
the order of positions of the General
Counsel and Deputy General Counsels
on that list, and adds to the hierarchy
list the Deputy Director of the Office of
Enforcement who inadvertently was not
included when the regulations were
earlier revised.
In this Final Rule the
Commission revises its Continuity of
Operations Plan regulations to revise its
hierarchy of delegation of Commission
authority during emergency conditions,
principally to ensure that, during
emergency conditions, there are staff
members located outside the National
Capital Region to whom authority is
delegated.
Regulatory Flexibility Act
3. The Regulatory Flexibility Act of
1980 (RFA) 1 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.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 376
[Docket No. RM13–10–000; Order No. 778]
Continuity of Operations Plan
AGENCY:
SUMMARY:
DATES:
This rule is effective April 10,
2013.
FOR FURTHER INFORMATION
CONTACT:
Elizabeth Molloy, Office of the
General Counsel, Federal Energy
Regulatory Commission, Room 102–67,
888 First St. NE., Washington, DC
20426, (202) 502–8771.
Lawrence R. Greenfield, Office of the
General Counsel, Federal Energy
Regulatory Commission, Room 102–
15, 888 First St. NE., Washington, DC
20426, (202) 502–6415 Loni Silva,
Office of the General Counsel, Federal
Energy Regulatory Commission, Room
10J–05, 888 First St. NE., Washington,
DC 20426, (202) 502–6233
SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff,
Chairman; Philip D. Moeller, John R.
Norris, Cheryl A. LaFleur, and Tony Clark.
Issued April 4, 2013.
1. The Office of Energy Projects and
the Office of Electric Reliability
maintain regional offices outside the
National Capital Region. This Final Rule
revises the Commission’s Continuity of
Operations Plan (COOP) regulations to
incorporate its regional offices into the
hierarchy of delegation of Commission
authority during emergency conditions,
and also to revise that hierarchy.
mstockstill on DSK4VPTVN1PROD with RULES
Discussion
2. This Final Rule revises the
Commission’s COOP regulations to
expand the hierarchy list to incorporate
staff members at its regional offices; this
revision recognizes that staff members
working in the National Capital Region
may be unavailable or incapable of
acting to assume authority during an
VerDate Mar<15>2010
16:59 Apr 09, 2013
Jkt 229001
Information Collection Statement
4. Office of Management and Budget
(OMB) regulations require OMB to
approve certain information collection
requirements imposed by agency rule.2
This Final Rule contains no new
information collections. Therefore, OMB
review of this Final Rule is not required.
Environmental Analysis
5. 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
procedural, ministerial, or internal
administrative and management
actions.3 This rule is procedural in
nature and therefore falls within this
exception; consequently, no
environmental consideration is
necessary.
Document Availability
6. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
15
U.S.C. 601–12.
CFR 1320.12.
3 18 CFR 380.4(a)(1); Regulations Implementing
the National Environmental Policy Act, Order No.
486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. ¶ 30,783 (1987).
25
PO 00000
Frm 00031
Fmt 4700
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21245
7. From the Commission’s Home Page
on the Internet, this information is
available in 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 (i.e., the subdocket
number—e.g., 000, 001, 002, etc.) in the
docket number field.
8. 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 (email at
FERCOnlineSupport@ferc.gov), or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659 (email at
public.referenceroom@ferc.gov).
Effective Date and Congressional
Notification
9. The provisions of 5 U.S.C. section
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.
10. These regulations are effective on
April 10, 2013. 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.
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. Section 376.204 is revised to read
as follows:
■
§ 376.204 Delegation of Commission
authority during emergency conditions.
(a) Delegation of authority to one or
two Commissioners. During emergency
conditions, the Commission shall
E:\FR\FM\10APR1.SGM
10APR1
mstockstill on DSK4VPTVN1PROD with RULES
21246
Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Rules and Regulations
function as usual, if a quorum of the
Commission is available and capable of
acting. If by reason of such conditions
a quorum of the Commission is not
available and capable of acting, all
functions of the Commission are
delegated to the Commissioner or
Commissioners who are available and
capable of acting.
(b) Delegation of authority to
Commission staff. (1) When, by reason
of emergency conditions, there is no
Commissioner available and capable of
acting, the functions of the Commission
are delegated to the first five members
of the Commission staff on the list set
forth in paragraph (b)(2) of this section
who are available and capable of acting.
(2) The list referred to in paragraph
(b)(1) of this section is:
(i) General Counsel;
(ii) Executive Director;
(iii) Director of the Office of Energy
Market Regulation;
(iv) Director of the Office of Energy
Projects;
(v) Director of the Office of Electric
Reliability;
(vi) Director of the Office of
Enforcement;
(vii) Deputy General Counsels, in
order of seniority;
(viii) Deputy Directors, Office of
Energy Market Regulation, in order of
seniority;
(ix) Deputy Directors, Office of Energy
Projects, in order of seniority;
(x) Deputy Directors, Office of Electric
Reliability, in order of seniority;
(xi) Deputy Directors, Office of
Enforcement, in order of seniority;
(xii) Associate General Counsels and
Solicitor, in order of seniority;
(xiii) In order of seniority, Assistant
Directors and Division heads, Office of
Energy Market Regulation; Assistant
Directors and Division heads, Office of
Energy Projects; Assistant Directors and
Division heads, Office of Electric
Reliability; Deputy Associate General
Counsels; Assistant Directors and
Division heads, Office of Enforcement;
(xiv) In order of seniority, Regional
Engineers and Branch Chiefs of the
Office of Energy Projects’ regional
offices; and Deputy Division Directors
and Group Managers of the Office of
Electric Reliability’s regional offices.
(3) For purposes of paragraph
(b)(2)(vii)–(xiv) of this section, order of
seniority shall be based on the highest
grade and longest period of service in
that grade and, furthermore, for
purposes of paragraph (b)(2)(xiii)–(xiv)
of this section, order of seniority shall
be without regard to the particular
Office or Division or Branch or Group to
which the member of staff is assigned.
(c) Devolution of authority to
Commission staff during emergencies
VerDate Mar<15>2010
16:09 Apr 09, 2013
Jkt 229001
affecting the National Capital Region.
(1) To the extent not otherwise provided
by this section, during emergency
conditions when the Chairman is not
available and capable of acting, when no
Commissioner is available and capable
of acting, and when no person listed in
paragraph (b)(2)(i) through (xiii) of this
section who is located in the National
Capital Region is available and capable
of acting, the functions of the
Commission are delegated, in order of
seniority (as described in paragraph
(b)(3) of this section), to Regional
Engineers and Branch Chiefs of the
Office of Energy Projects’ regional
offices and Deputy Division Directors
and Group Managers of the Office of
Electric Reliability’s regional offices.
(2) Such delegation shall continue
until such time as the Chairman is
available and capable of acting, one or
more Commissioners are available and
capable of acting, or persons listed in
paragraph (b)(2)(i) through (xiii) of this
section who are located in the National
Capital Region are available and capable
of acting.
(d) Reconsideration of staff action
taken under delegations. Action taken
pursuant to the delegations provided for
in this section shall be subject to
reconsideration by the Commission,
acting with a quorum, within thirty days
after the date upon which public notice
is given that a quorum of the
Commission has been reconstituted and
is functioning.
[FR Doc. 2013–08341 Filed 4–9–13; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 120618174–3303–01]
RIN 0625–AA91
Definition of Factual Information and
Time Limits for Submission of Factual
Information
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Final rule.
AGENCY:
The Department of Commerce
(the Department) is modifying its
regulations, which define ‘‘factual
information’’ and establish time limits
for the submission of factual
information in antidumping (AD) and
countervailing duty (CVD) proceedings.
The modifications to the definition of
factual information more clearly
SUMMARY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
describe the types of information that
can be submitted by a person or placed
on the record by the Department in a
segment of the proceeding. The
modifications to the time limits enable
the Department to efficiently determine
the type of information being submitted
and whether it is timely filed; they also
ensure that the Department has
sufficient opportunity to review
submissions of factual information.
DATES: Effective date: May 10, 2013.
Applicability date: This rule will apply
to all segments initiated on or after this
date.
FOR FURTHER INFORMATION CONTACT:
Joanna Theiss at (202) 482–5052 or
Charles Vannatta at (202) 482–4036.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2012, the Department
published a proposed modification of its
regulations regarding the definition of
factual information and time limits for
submission of factual information. See
Modification of Regulations Regarding
the Definition of Factual Information
and Time Limits for Submission of
Factual Information, 77 FR 40534 (July
10, 2012) (Proposed Rule). The
Proposed Rule explained the
Department’s proposal to modify two of
its regulations, to allow for a more
accurate classification of factual
information, and to establish time limits
for the submission of factual
information, which are based on the
type of factual information that is being
submitted. The Department received
numerous comments on the Proposed
Rule and has addressed those comments
below. The Proposed Rule, comments
received, and this final rule can be
accessed using the Federal eRulemaking
portal at https://www.Regulations.gov
under Docket Number ITA–2012–0004.
After analyzing and carefully
considering all of the comments that the
Department received in response to the
Proposed Rule, the Department has
adopted the modification, with certain
changes, and amended its regulations
accordingly.
Explanation of Regulatory Provision
and Final Modification
The Department is modifying two
regulations related to AD and CVD
proceedings: the definition of factual
information (19 CFR 351.102(b)(21)),
and the time limits for the submission
of factual information (19 CFR 351.301).
Prior to this modification, 19 CFR
351.102(b)(21) defined factual
information as: ‘‘(i) initial and
supplemental questionnaire responses;
(ii) data or statements of fact in support
E:\FR\FM\10APR1.SGM
10APR1
]]>Agencies
[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21245-21246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08341]
[[Page 21245]]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 376
[Docket No. RM13-10-000; Order No. 778]
Continuity of Operations Plan
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this Final Rule the Commission revises its Continuity of
Operations Plan regulations to revise its hierarchy of delegation of
Commission authority during emergency conditions, principally to ensure
that, during emergency conditions, there are staff members located
outside the National Capital Region to whom authority is delegated.
DATES: This rule is effective April 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Molloy, Office of the General Counsel, Federal Energy
Regulatory Commission, Room 102-67, 888 First St. NE., Washington, DC
20426, (202) 502-8771.
Lawrence R. Greenfield, Office of the General Counsel, Federal Energy
Regulatory Commission, Room 102-15, 888 First St. NE., Washington, DC
20426, (202) 502-6415 Loni Silva, Office of the General Counsel,
Federal Energy Regulatory Commission, Room 10J-05, 888 First St. NE.,
Washington, DC 20426, (202) 502-6233
SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller,
John R. Norris, Cheryl A. LaFleur, and Tony Clark.
Issued April 4, 2013.
1. The Office of Energy Projects and the Office of Electric
Reliability maintain regional offices outside the National Capital
Region. This Final Rule revises the Commission's Continuity of
Operations Plan (COOP) regulations to incorporate its regional offices
into the hierarchy of delegation of Commission authority during
emergency conditions, and also to revise that hierarchy.
Discussion
2. This Final Rule revises the Commission's COOP regulations to
expand the hierarchy list to incorporate staff members at its regional
offices; this revision recognizes that staff members working in the
National Capital Region may be unavailable or incapable of acting to
assume authority during an emergency, and accordingly this revision
allows for delegation of authority to staff members located in regional
offices outside the National Capital Region. In addition, this Final
Rule revises the hierarchy list to change the order of positions of the
General Counsel and Deputy General Counsels on that list, and adds to
the hierarchy list the Deputy Director of the Office of Enforcement who
inadvertently was not included when the regulations were earlier
revised.
Regulatory Flexibility Act
3. The Regulatory Flexibility Act of 1980 (RFA) \1\ 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.
---------------------------------------------------------------------------
\1\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------
Information Collection Statement
4. Office of Management and Budget (OMB) regulations require OMB to
approve certain information collection requirements imposed by agency
rule.\2\ This Final Rule contains no new information collections.
Therefore, OMB review of this Final Rule is not required.
---------------------------------------------------------------------------
\2\ 5 CFR 1320.12.
---------------------------------------------------------------------------
Environmental Analysis
5. 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 procedural, ministerial, or
internal administrative and management actions.\3\ This rule is
procedural in nature and therefore falls within this exception;
consequently, no environmental consideration is necessary.
---------------------------------------------------------------------------
\3\ 18 CFR 380.4(a)(1); Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR 47897 (Dec. 17,
1987), FERC Stats. & Regs. ] 30,783 (1987).
---------------------------------------------------------------------------
Document Availability
6. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
7. From the Commission's Home Page on the Internet, this
information is available in 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 (i.e., the subdocket
number--e.g., 000, 001, 002, etc.) in the docket number field.
8. 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 (email at FERCOnlineSupport@ferc.gov),
or the Public Reference Room at (202) 502-8371, TTY (202) 502-8659
(email at public.referenceroom@ferc.gov).
Effective Date and Congressional Notification
9. The provisions of 5 U.S.C. section 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.
10. These regulations are effective on April 10, 2013. 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.
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
0
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.
0
2. Section 376.204 is revised to read as follows:
Sec. 376.204 Delegation of Commission authority during emergency
conditions.
(a) Delegation of authority to one or two Commissioners. During
emergency conditions, the Commission shall
[[Page 21246]]
function as usual, if a quorum of the Commission is available and
capable of acting. If by reason of such conditions a quorum of the
Commission is not available and capable of acting, all functions of the
Commission are delegated to the Commissioner or Commissioners who are
available and capable of acting.
(b) Delegation of authority to Commission staff. (1) When, by
reason of emergency conditions, there is no Commissioner available and
capable of acting, the functions of the Commission are delegated to the
first five members of the Commission staff on the list set forth in
paragraph (b)(2) of this section who are available and capable of
acting.
(2) The list referred to in paragraph (b)(1) of this section is:
(i) General Counsel;
(ii) Executive Director;
(iii) Director of the Office of Energy Market Regulation;
(iv) Director of the Office of Energy Projects;
(v) Director of the Office of Electric Reliability;
(vi) Director of the Office of Enforcement;
(vii) Deputy General Counsels, in order of seniority;
(viii) Deputy Directors, Office of Energy Market Regulation, in
order of seniority;
(ix) Deputy Directors, Office of Energy Projects, in order of
seniority;
(x) Deputy Directors, Office of Electric Reliability, in order of
seniority;
(xi) Deputy Directors, Office of Enforcement, in order of
seniority;
(xii) Associate General Counsels and Solicitor, in order of
seniority;
(xiii) In order of seniority, Assistant Directors and Division
heads, Office of Energy Market Regulation; Assistant Directors and
Division heads, Office of Energy Projects; Assistant Directors and
Division heads, Office of Electric Reliability; Deputy Associate
General Counsels; Assistant Directors and Division heads, Office of
Enforcement;
(xiv) In order of seniority, Regional Engineers and Branch Chiefs
of the Office of Energy Projects' regional offices; and Deputy Division
Directors and Group Managers of the Office of Electric Reliability's
regional offices.
(3) For purposes of paragraph (b)(2)(vii)-(xiv) of this section,
order of seniority shall be based on the highest grade and longest
period of service in that grade and, furthermore, for purposes of
paragraph (b)(2)(xiii)-(xiv) of this section, order of seniority shall
be without regard to the particular Office or Division or Branch or
Group to which the member of staff is assigned.
(c) Devolution of authority to Commission staff during emergencies
affecting the National Capital Region. (1) To the extent not otherwise
provided by this section, during emergency conditions when the Chairman
is not available and capable of acting, when no Commissioner is
available and capable of acting, and when no person listed in paragraph
(b)(2)(i) through (xiii) of this section who is located in the National
Capital Region is available and capable of acting, the functions of the
Commission are delegated, in order of seniority (as described in
paragraph (b)(3) of this section), to Regional Engineers and Branch
Chiefs of the Office of Energy Projects' regional offices and Deputy
Division Directors and Group Managers of the Office of Electric
Reliability's regional offices.
(2) Such delegation shall continue until such time as the Chairman
is available and capable of acting, one or more Commissioners are
available and capable of acting, or persons listed in paragraph
(b)(2)(i) through (xiii) of this section who are located in the
National Capital Region are available and capable of acting.
(d) Reconsideration of staff action taken under delegations. Action
taken pursuant to the delegations provided for in this section shall be
subject to reconsideration by the Commission, acting with a quorum,
within thirty days after the date upon which public notice is given
that a quorum of the Commission has been reconstituted and is
functioning.
[FR Doc. 2013-08341 Filed 4-9-13; 8:45 am]
BILLING CODE 6717-01-P
