Delegation of Authority Regarding Consideration of Notice of Penalty, 9402-9404 [2014-03432]
Download as PDF
<![CDATA[
9402
Federal Register / Vol. 79, No. 33 / Wednesday, February 19, 2014 / Rules and Regulations
(c) Effective Date
This AD becomes effective March 26, 2014.
(d) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
(e) Required Actions
(1) Within 25 hours time in service (TIS),
inspect each cable assembly to determine if
there is a false cut on the body of the barrel
assembly, as depicted in Figure 1 of Bell
Alert Service Bulletin No. 204B–12–68, dated
October 10, 2012.
(2) If there is a false cut, before the first
flight of each day, inspect the cable assembly
for separation of the barrel assembly from the
body. If there is any separation, before further
flight, replace the cable assembly.
(3) Within 100 hours TIS, replace the cable
assembly with an airworthy cable assembly
that does not have a false cut in the body.
Replacing the cable assembly is terminating
action for the inspections required by
paragraph (e)(2) of this AD.
Issued in Fort Worth, Texas, on January 31,
2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft
Directorate, Aircraft Certification Service.
(f) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Rotorcraft Certification
Office, FAA, may approve AMOCs for this
AD. Send your proposal to: Helene Gandy,
Aviation Safety Engineer, Rotorcraft
Certification Office, Rotorcraft Directorate,
FAA, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone (817) 222–5413;
email 7-AVS-ASW-170@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
Delegation of Authority Regarding
Consideration of Notice of Penalty
ehiers on DSK2VPTVN1PROD with RULES
(g) Subject
Joint Aircraft Service Component (JASC)
Code: 6720: Tail Rotor Control System.
(h) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Bell Alert Service Bulletin No. 204B–
12–68, dated October 10, 2012.
(ii) Reserved.
(3) For Bell service information identified
in this AD, contact Bell Helicopter Textron,
Inc., P.O. Box 482, Fort Worth, TX 76101;
telephone (817) 280–3391; fax (817) 280–
6466; or at https://www.bellcustomer.com/
files/.
(4) You may view this service information
at FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd.,
Room 663, Fort Worth, Texas 76137. For
information on the availability of this
material at the FAA, call (817) 222–5110.
VerDate Mar<15>2010
14:22 Feb 18, 2014
Jkt 232001
[FR Doc. 2014–02961 Filed 2–18–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 375
[Docket No. RM14–5–000; Order No. 795]
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
AGENCY:
The Commission issues this
Final Rule to revise its regulations to
delegate authority to the Director of the
Commission’s Office of Electric
Reliability to issue orders extending the
period of time for consideration of
Notices of Penalty filed by the Electric
Reliability Organization. In addition,
this Final Rule revises the Commission’s
regulations to remove the same
authority, and certain related authority,
that is currently delegated to the
Director of the Commission’s Office of
Enforcement. These revisions are
necessary to enable the Commission to
process routine, non-controversial
Notices of Penalty in a timely and
efficient manner.
DATES: Effective Date: This Rule will
become effective February 19, 2014.
FOR FURTHER INFORMATION CONTACT:
Matthew Vlissides, Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–8408,
Matthew.Vlissides@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Cheryl A.
LaFleur, Acting Chairman; Philip D.
Moeller, John R. Norris, and Tony
Clark.
SUMMARY:
Final Rule
1. The Commission issues this Final
Rule to revise its delegations of
Frm 00024
Fmt 4700
Sfmt 4700
I. Background
2. The Energy Policy Act of 2005
added section 215 to the Federal Power
Act (FPA), which requires a
Commission-certified Electric
Reliability Organization to develop
mandatory and enforceable Reliability
Standards, subject to Commission
review and approval.1 Pursuant to FPA
section 215(e)(1), the ERO may impose
a penalty on a user, owner or operator
of the Bulk-Power System for a violation
of a Reliability Standard approved by
the Commission. Pursuant to FPA
section 215(e)(4), the Commission
authorized NERC, in its capacity as the
ERO, to delegate authority to impose
such penalties to eight Regional Entities
through Commission-approved
Delegation Agreements. Under FPA
section 215(e), NERC must file each
Notice with the Commission. The
penalty is subject to Commission review
upon its own motion or upon
application by the entity subject to the
proposed penalty within 30 days. If no
review is sought or initiated, the penalty
takes effect by operation of law.
3. In Order No. 728, the Commission
determined that, in many cases
involving the assessment of zero dollar
penalties, Notices could be processed
without a Commission vote.2
Previously, when the Commission
received a Notice, it was analyzed
within thirty days by staff from the
Office of Enforcement, the Office of
Electric Reliability, and the Office of
General Counsel, who then
recommended to the Commission
whether the Notice should become
1 16
(Issued February 11, 2014)
PO 00000
authority to allow for the efficient and
timely processing of Notices of Penalty
(Notices) issued by the North American
Electric Reliability Corporation (NERC),
the Commission-certified Electric
Reliability Organization (ERO).
Specifically, this Final Rule delegates
authority to the Director of the Office of
Electric Reliability to issue orders
extending the period of time for
consideration of Notices filed by the
ERO. This Final Rule removes the same
authority currently delegated to the
Director of the Office of Enforcement to
extend the period of time to consider
Notices. This Final Rule also removes
the authority delegated to the Director of
the Office of Enforcement to direct
NERC or applicable Regional Entities to
submit information when necessary to
process Notices without the need for
Commission action.
U.S.C. 824o.
for Notices of Penalty, Order No.
728, FERC Stats. & Regs. ¶ 31,298, at P 5 (2009)
(cross-referenced at 129 FERC ¶ 61,094 (2009)).
2 Delegations
E:\FR\FM\19FER1.SGM
19FER1
Federal Register / Vol. 79, No. 33 / Wednesday, February 19, 2014 / Rules and Regulations
ehiers on DSK2VPTVN1PROD with RULES
effective by operation of law. The
Commission would conduct a vote and,
if it decided that no further action was
warranted, the Commission instructed
the Secretary to issue a public notice to
that effect. In Order No. 728, the
Commission stated that, in proceedings
involving non-controversial zero dollar
penalties, a Notice could be processed
more efficiently by allowing the
Secretary, without a formal Commission
vote, to issue a notice indicating that the
Commission will take no further action.
4. In Order No. 728, the Commission
delegated authority to the Director of the
Office of Enforcement to direct NERC or
applicable Regional Entities to submit
further information on a Notice where
the Commission did not have sufficient
information to reach a decision on the
Notice. The Commission also delegated
to the Director of the Office of
Enforcement the authority to extend the
period of time to consider Notices for
the purpose of obtaining additional
information from NERC and Regional
Entities. Sections 375.311(u) and (v) of
the Commission’s regulations delegate
these authorities to the Director of the
Office of Enforcement. Order No. 728
also stated a policy that ‘‘Notices will
not need a formal Commission vote only
in zero dollar penalty cases that do not
raise significant concerns or other
issues,’’ and specified various types of
issues that would still require a formal
Commission vote.3
II. Discussion
5. The Commission believes that its
internal processes will be more efficient
if the Office of Electric Reliability is the
lead office for reviewing and processing
Notices. Accordingly, this Final Rule
revises the delegations to the Director of
the Office of Electric Reliability and
Director of the Office of Enforcement.
Specifically, this Final Rule transfers
the authority to extend the period of
time to consider Notices for the purpose
of obtaining additional information,
which is currently delegated to the
Director of the Office of Enforcement in
section 375.311(v) of the Commission’s
regulations, to the Director of the Office
of Electric Reliability. In addition, this
Final Rule removes the related authority
delegated to the Director of the Office of
Enforcement to require NERC or
applicable Regional Entities to provide
information necessary to review and
process Notices, which is currently
delegated in section 375.311(u) of the
Commission’s regulations.4
3 Order No. 728, FERC Stats. & Regs. ¶ 31,298 at
P 8 (cross-referenced at 129 FERC ¶ 61,094).
4 As discussed in Order No. 728, the Director of
the Office of Electric Reliability already possesses
VerDate Mar<15>2010
14:22 Feb 18, 2014
Jkt 232001
6. New section 375.303(a)(2)(vi)
delegates to the Director of the Office of
Electric Reliability the authority to
extend the period of time to review
Notices.
III. Information Collection Statement
7. Office of Management and Budget
(OMB) regulations require OMB to
approve certain information collection
requirements imposed by agency rule.5
This Final Rule contains no new or
revised information collections.
Therefore, OMB review of this Final
Rule is not required.
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.6 Excluded from this
requirement are rules that are
procedural, ministerial, or internal
administrative and management actions,
programs or decisions.7 This Final Rule
falls within this exception;
consequently, no environmental
consideration is necessary.
V. Regulatory Flexibility Act
9. The Regulatory Flexibility Act of
1980 (RFA) 8 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
it will not have such an impact. An
analysis under the RFA is therefore 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 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.
11. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
this delegated authority. Order No. 728, FERC Stats.
& Regs. ¶ 31,298 at P 6 (cross-referenced at 129
FERC ¶ 61,094).
5 5 CFR part 1320.
6 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
¶ 30,783 (1987).
7 18 CFR 380.4(a)(1).
8 5 U.S.C. 601–612.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
9403
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 (i.e.,
the sub docket number, 000) 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 (202) 502–6652
(toll free at (866) 208–3676) or email at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional
Notification
13. 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 internal
agency procedure and practice and will
not substantially affect the rights of nonagency parties.
14. These regulations are effective on
February 19, 2014. The Commission
finds that notice and public comments
are unnecessary because this Final Rule
concerns only internal agency
procedure and practice. Therefore the
Commission finds good cause to waive
the notice period otherwise required
before the effective date of this Final
Rule.
List of Subjects in 18 CFR Part 375
Authority delegations (Government
agencies), Seals and insignia, Sunshine
Act.
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission amends part 375, chapter I,
title 18, Code of Federal Regulations, as
follows:
PART 375—THE COMMISSION
1. The authority citation for part 375
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717w, 3301–3432; 16 U.S.C. 791–825r,
2601–2645; 42 U.S.C. 7101–7352.
2. In § 375.303 add paragraph
(a)(2)(vi) to read as follows:
■
§ 375.303 Delegations to the Director of
the Office of Electric Reliability.
*
*
*
*
*
(a) * * *
(2) * * *
(vi) Issue an order extending the
period of time for consideration of a
Notice of Penalty filed under Section
E:\FR\FM\19FER1.SGM
19FER1
9404
Federal Register / Vol. 79, No. 33 / Wednesday, February 19, 2014 / Rules and Regulations
215(e) of the Federal Power Act for the
purpose of directing the Electric
Reliability Organization or the
applicable Regional Entity to provide
such information as is necessary to
implement Section 215(e)(2) of the
Federal Power Act (16 U.S.C. 824o(e)(2))
pursuant to § 39.2 and Part 40 of this
chapter.
*
*
*
*
*
§ 375.311
[Amended]
3. In § 375.311 remove paragraphs (u)
and (v).
■
[FR Doc. 2014–03432 Filed 2–18–14; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF LABOR
I. Background—provides a brief description
of the development of the rule.
II. Summary of the Comments—provides an
overview of the comments received.
III. Section-by-Section Review—summarizes
and discusses the regulations.
IV. Administrative Information—sets forth
the applicable regulatory requirements.
Employment and Training
Administration
20 CFR Part 619
RIN 1205–AB64
Federal-State Unemployment
Insurance (UI) Program; Data
Exchange Standardization as Required
by Section 2104 of the Middle Class
Tax Relief and Job Creation Act of
2012
Employment and Training
Administration, Labor.
ACTION: Final rule.
AGENCY:
The Department of Labor’s
(Department’s) Employment and
Training Administration (ETA) issues
this final rule to designate in regulation
data exchange standards, developed in
consultation with an interagency work
group established by the Office of
Management and Budget (OMB), for
Unemployment Insurance (UI)
administration, as required by
amendments to Title IX of the Social
Security Act (SSA) made by the Middle
Class Tax Relief and Job Creation Act of
2012 (the Act). These regulations
establish data exchange standards for
three categories of information: realtime applications on the Interstate
Connection Network (ICON); the State
Information Data Exchange System
(SIDES); and implementation of the
standards identified for ICON and
SIDES in major Information Technology
(IT) modernization projects to upgrade
UI Benefits and Tax systems by State
Workforce Agencies (SWAs) using
Federal funds.
DATES: Effective date: The rule will take
effect on March 21, 2014. The Office of
Management and Budget has preapproved the information collection
requirements contained in this rule
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:22 Feb 18, 2014
under the Paperwork Reduction Act and
has assigned them control number
1205–0510.
FOR FURTHER INFORMATION CONTACT: Gay
M. Gilbert, Administrator, Office of
Unemployment Insurance, U.S.
Department of Labor, 200 Constitution
Avenue NW., Room S–4524,
Washington, DC 20210; telephone (202)
693–3029 (this is not a toll-free
number).
Individuals with hearing or speech
impairments may access the telephone
number above via TTY by calling the
toll-free Federal Information Relay
Service at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
The preamble to this final rule is
organized as follows:
Jkt 232001
I. Background
On February 22, 2012, the President
signed the Middle Class Tax Relief and
Job Creation Act. Section 2104 of the
Act amends Title IX, SSA (42 U.S.C.
1101 et seq.) by adding a new section
911, which requires the Department to
issue rules, developed in consultation
with an interagency workgroup
established by the OMB, that establish
data exchange standards for certain
functions related to administration of
the UI 1 program. Before enactment of
this requirement for data exchange
standardization, the Department had
been a proponent of and strong advocate
for the use of open source technologies
and data exchange standards in the
development of IT systems supporting
critical UI functions (such as ICON and
SIDES), and of SWAs’ overall UI IT
modernization efforts. Section 911, SSA,
contains two major subsections, (a) and
(b), each of which requires data
exchange standards; these requirements
are discussed in detail below.
Section 911(a)(1), SSA, requires that
the Secretary of Labor ‘‘shall, by rule,
designate a data exchange standard for
any category of information required
under title III [42 U.S.C. 501 et seq.],
title XII [42 U.S.C. 1401 et seq.], or this
title [IX] [42 U.S.C. 1101 et seq.].’’ 42
U.S.C. 1111(a)(1) (Emphasis added.) The
Department explained in the Notice of
1 The Department’s Office of Unemployment
Insurance uses the term Unemployment
Compensation (UC) when referring to UC benefits
paid or UC laws, and the term Unemployment
Insurance (UI) to refer to the UI program,
administration, and operations.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Proposed Rulemaking (NPRM),
published in 78 FR 12655, Feb. 25,
2013, that this statutory language allows
the Department to identify any category
of information under the specified titles,
by rule, for which to establish a data
exchange standard. Section 911(b)(1),
SSA, requires that the Secretary of Labor
‘‘shall, by rule, designate data exchange
standards to govern the reporting
required under [the same specified
titles].’’ (Emphasis added.) 42 U.S.C.
1111(b)(1). This rule establishes data
exchange standards for information
required under section 303(a)(1), SSA,
that meet the requirements of both
sections 911(a)(1) and 911(b)(1), SSA.
Section 303(a)(1), SSA, commonly
known as the ‘‘methods of
administration’’ requirement, provides
that State law, as a condition of the
State receiving Unemployment
Compensation (UC) administrative
grants, must include ‘‘such methods of
administration . . . as are found by the
Secretary of Labor to be reasonably
calculated to insure full payment of
unemployment compensation when
due.’’ The Department chose to establish
data exchange standards for information
required under section 303(a)(1), SSA,
because this section is the foundational
statutory authority for the Department’s
guidance to States on the administration
of the UI program, including guidance
on program operations and reporting
requirements.
In the NPRM, the Department
indicated that it did not propose
establishing data exchange standards for
categories of information under Titles IX
and XII, SSA, because they provided
fewer opportunities for establishment of
data exchange standards that would
benefit the UI system broadly, given that
their focus is primarily on
Unemployment Trust Fund (UTF)
management issues. Title IX establishes
the account structure for the UTF, and
Title XII establishes the processes for
States to obtain advances if their States’
accounts in the UTF are depleted. As
discussed in more detail in the
Comment Section below in response to
the comment received on the NPRM, the
Department will continue to review all
UI reporting and determine the
application of appropriate data
exchange standards, where feasible. In
this rule, the Department addresses the
data exchange systems that are most
immediately well-positioned to
facilitate implementation of the data
exchange standard.
To meet the requirements of section
911, SSA, the Department is designating
in this final rule that eXtensible Markup
E:\FR\FM\19FER1.SGM
19FER1
]]>Agencies
[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Rules and Regulations]
[Pages 9402-9404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03432]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 375
[Docket No. RM14-5-000; Order No. 795]
Delegation of Authority Regarding Consideration of Notice of
Penalty
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission issues this Final Rule to revise its
regulations to delegate authority to the Director of the Commission's
Office of Electric Reliability to issue orders extending the period of
time for consideration of Notices of Penalty filed by the Electric
Reliability Organization. In addition, this Final Rule revises the
Commission's regulations to remove the same authority, and certain
related authority, that is currently delegated to the Director of the
Commission's Office of Enforcement. These revisions are necessary to
enable the Commission to process routine, non-controversial Notices of
Penalty in a timely and efficient manner.
DATES: Effective Date: This Rule will become effective February 19,
2014.
FOR FURTHER INFORMATION CONTACT: Matthew Vlissides, Office of the
General Counsel, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426, (202) 502-8408, Matthew.Vlissides@ferc.gov.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Cheryl A. LaFleur, Acting Chairman; Philip D.
Moeller, John R. Norris, and Tony Clark.
Final Rule
(Issued February 11, 2014)
1. The Commission issues this Final Rule to revise its delegations
of authority to allow for the efficient and timely processing of
Notices of Penalty (Notices) issued by the North American Electric
Reliability Corporation (NERC), the Commission-certified Electric
Reliability Organization (ERO). Specifically, this Final Rule delegates
authority to the Director of the Office of Electric Reliability to
issue orders extending the period of time for consideration of Notices
filed by the ERO. This Final Rule removes the same authority currently
delegated to the Director of the Office of Enforcement to extend the
period of time to consider Notices. This Final Rule also removes the
authority delegated to the Director of the Office of Enforcement to
direct NERC or applicable Regional Entities to submit information when
necessary to process Notices without the need for Commission action.
I. Background
2. The Energy Policy Act of 2005 added section 215 to the Federal
Power Act (FPA), which requires a Commission-certified Electric
Reliability Organization to develop mandatory and enforceable
Reliability Standards, subject to Commission review and approval.\1\
Pursuant to FPA section 215(e)(1), the ERO may impose a penalty on a
user, owner or operator of the Bulk-Power System for a violation of a
Reliability Standard approved by the Commission. Pursuant to FPA
section 215(e)(4), the Commission authorized NERC, in its capacity as
the ERO, to delegate authority to impose such penalties to eight
Regional Entities through Commission-approved Delegation Agreements.
Under FPA section 215(e), NERC must file each Notice with the
Commission. The penalty is subject to Commission review upon its own
motion or upon application by the entity subject to the proposed
penalty within 30 days. If no review is sought or initiated, the
penalty takes effect by operation of law.
---------------------------------------------------------------------------
\1\ 16 U.S.C. 824o.
---------------------------------------------------------------------------
3. In Order No. 728, the Commission determined that, in many cases
involving the assessment of zero dollar penalties, Notices could be
processed without a Commission vote.\2\ Previously, when the Commission
received a Notice, it was analyzed within thirty days by staff from the
Office of Enforcement, the Office of Electric Reliability, and the
Office of General Counsel, who then recommended to the Commission
whether the Notice should become
[[Page 9403]]
effective by operation of law. The Commission would conduct a vote and,
if it decided that no further action was warranted, the Commission
instructed the Secretary to issue a public notice to that effect. In
Order No. 728, the Commission stated that, in proceedings involving
non-controversial zero dollar penalties, a Notice could be processed
more efficiently by allowing the Secretary, without a formal Commission
vote, to issue a notice indicating that the Commission will take no
further action.
---------------------------------------------------------------------------
\2\ Delegations for Notices of Penalty, Order No. 728, FERC
Stats. & Regs. ] 31,298, at P 5 (2009) (cross-referenced at 129 FERC
] 61,094 (2009)).
---------------------------------------------------------------------------
4. In Order No. 728, the Commission delegated authority to the
Director of the Office of Enforcement to direct NERC or applicable
Regional Entities to submit further information on a Notice where the
Commission did not have sufficient information to reach a decision on
the Notice. The Commission also delegated to the Director of the Office
of Enforcement the authority to extend the period of time to consider
Notices for the purpose of obtaining additional information from NERC
and Regional Entities. Sections 375.311(u) and (v) of the Commission's
regulations delegate these authorities to the Director of the Office of
Enforcement. Order No. 728 also stated a policy that ``Notices will not
need a formal Commission vote only in zero dollar penalty cases that do
not raise significant concerns or other issues,'' and specified various
types of issues that would still require a formal Commission vote.\3\
---------------------------------------------------------------------------
\3\ Order No. 728, FERC Stats. & Regs. ] 31,298 at P 8 (cross-
referenced at 129 FERC ] 61,094).
---------------------------------------------------------------------------
II. Discussion
5. The Commission believes that its internal processes will be more
efficient if the Office of Electric Reliability is the lead office for
reviewing and processing Notices. Accordingly, this Final Rule revises
the delegations to the Director of the Office of Electric Reliability
and Director of the Office of Enforcement. Specifically, this Final
Rule transfers the authority to extend the period of time to consider
Notices for the purpose of obtaining additional information, which is
currently delegated to the Director of the Office of Enforcement in
section 375.311(v) of the Commission's regulations, to the Director of
the Office of Electric Reliability. In addition, this Final Rule
removes the related authority delegated to the Director of the Office
of Enforcement to require NERC or applicable Regional Entities to
provide information necessary to review and process Notices, which is
currently delegated in section 375.311(u) of the Commission's
regulations.\4\
---------------------------------------------------------------------------
\4\ As discussed in Order No. 728, the Director of the Office of
Electric Reliability already possesses this delegated authority.
Order No. 728, FERC Stats. & Regs. ] 31,298 at P 6 (cross-referenced
at 129 FERC ] 61,094).
---------------------------------------------------------------------------
6. New section 375.303(a)(2)(vi) delegates to the Director of the
Office of Electric Reliability the authority to extend the period of
time to review Notices.
III. Information Collection Statement
7. Office of Management and Budget (OMB) regulations require OMB to
approve certain information collection requirements imposed by agency
rule.\5\ This Final Rule contains no new or revised information
collections. Therefore, OMB review of this Final Rule is not required.
---------------------------------------------------------------------------
\5\ 5 CFR part 1320.
---------------------------------------------------------------------------
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.\6\ Excluded
from this requirement are rules that are procedural, ministerial, or
internal administrative and management actions, programs or
decisions.\7\ This Final Rule falls within this exception;
consequently, no environmental consideration is necessary.
---------------------------------------------------------------------------
\6\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987).
\7\ 18 CFR 380.4(a)(1).
---------------------------------------------------------------------------
V. Regulatory Flexibility Act
9. The Regulatory Flexibility Act of 1980 (RFA) \8\ 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 it
will not have such an impact. An analysis under the RFA is therefore
not required.
---------------------------------------------------------------------------
\8\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------
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 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.
11. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document
(i.e., the sub docket number, 000) 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 (202)
502-6652 (toll free at (866) 208-3676) or email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional Notification
13. 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 internal agency procedure and practice and will not
substantially affect the rights of non-agency parties.
14. These regulations are effective on February 19, 2014. The
Commission finds that notice and public comments are unnecessary
because this Final Rule concerns only internal agency procedure and
practice. Therefore the Commission finds good cause to waive the notice
period otherwise required before the effective date of this Final Rule.
List of Subjects in 18 CFR Part 375
Authority delegations (Government agencies), Seals and insignia,
Sunshine Act.
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission amends part 375,
chapter I, title 18, Code of Federal Regulations, as follows:
PART 375--THE COMMISSION
0
1. The authority citation for part 375 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.
0
2. In Sec. 375.303 add paragraph (a)(2)(vi) to read as follows:
Sec. 375.303 Delegations to the Director of the Office of Electric
Reliability.
* * * * *
(a) * * *
(2) * * *
(vi) Issue an order extending the period of time for consideration
of a Notice of Penalty filed under Section
[[Page 9404]]
215(e) of the Federal Power Act for the purpose of directing the
Electric Reliability Organization or the applicable Regional Entity to
provide such information as is necessary to implement Section 215(e)(2)
of the Federal Power Act (16 U.S.C. 824o(e)(2)) pursuant to Sec. 39.2
and Part 40 of this chapter.
* * * * *
Sec. 375.311 [Amended]
0
3. In Sec. 375.311 remove paragraphs (u) and (v).
[FR Doc. 2014-03432 Filed 2-18-14; 8:45 am]
BILLING CODE 6717-01-P
