Electronic Tariff Filings, 29075-29077 [2014-11767]

Download as PDF Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. FOR FURTHER INFORMATION CONTACT: List of Subjects in 14 CFR Part 73 Airspace, Prohibited areas, Restricted areas. Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73, as follows: Michael Goldenberg (Legal Information), Office of the General Counsel, 888 First Street NE., Washington, DC 20426, 202–502–8685, michael.goldenberg@ferc.gov, (Legal Issues). H. Keith Pierce (Technical Information), Office of Energy Market Regulation, 888 First Street NE., Washington, DC 20426, 202–502–8525, keith.pierce@ ferc.gov. SUPPLEMENTARY INFORMATION: PART 73—SPECIAL USE AIRSPACE 147 FERC ¶ 61,115 Before Commissioners: Cheryl A. LaFleur, Acting Chairman; Philip D. Moeller, John R. Norris, and Tony Clark. 1. The authority citation for part 73 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. Final Rule § 73.53 1. By this instant Final Rule, the Commission is clarifying its regulations 1 to make explicit that, in order for filings to have a statutory action date, the filings must be made electronically as tariff filings in accordance with the Commission’s posted requirements and formats (commonly known as ‘‘eTariff’’). Filings not made in proper format consistent with the Commission’s eTariff requirements will not become effective by operation of law under the statutes administered by the Commission, if the Commission fails to act on the filings within the timeframes in the statutes.2 These revisions clarify the regulations so they reflect the Commission’s Order No. 714,3 adopting regulations requiring electronic filing of tariffs and tariffrelated materials. ■ [Amended] 2. § 73.53 is amended as follows: R–5304C Camp Lejeune, NC [Amended] By removing the words ‘‘Using agency. USMC, Commanding Officer, U.S. Marine Corps Base Camp Lejeune, NC, ’’ and inserting in their place ‘‘Using agency. USMC, Commanding General, Marine Corps Installations East-Marine Corps Base Camp Lejeune, NC’’ Issued in Washington, DC, on May 13, 2014. Gary A. Norek, Manager, Airspace Policy and Regulations Group. [FR Doc. 2014–11779 Filed 5–20–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission I. Discussion 18 CFR Parts 35, 154, 341, and 385 [Docket No. RM01–5–001; Order No. 714–A] Electronic Tariff Filings Federal Energy Regulatory Commission, Energy. ACTION: Final rule. AGENCY: The Commission is clarifying its regulations to make explicit that, consistent with Order No. 714 and its subsequent orders, statutory tariff and rate filings must be made electronically, according to the Commission’s posted requirements for eTariff filings. Filings not made in proper electronic format will not become effective under the applicable statutes if the Commission fails to act by the proposed effective dates in the applicants’ pleadings. DATES: This rule will become effective June 20, 2014. emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:14 May 20, 2014 Issued May 15, 2014 Jkt 232001 2. Section 4 of the Natural Gas Act (NGA),4 section 205 of the Federal Power Act (FPA),5 and section 6 of the Interstate Commerce Act (ICA) 6 provide that no change shall be made in rates, charges, classifications, or services except after prior notice provided to the Commission. The statutes further provide that if the Commission fails to act on such a filing within the statutorily prescribed notice period, the changes in the filing will become effective by operation of law. 3. These statutory provisions (section 4(c) of the NGA, section 205(c) of the 1 18 CFR 35.7, 154.4, 341.1, and 385.205. statutes include the Natural Gas Act (NGA), the Federal Power Act (FPA), and the Interstate Commerce Act (ICA). 3 Electronic Tariff Filings, Order No. 714, 73 FR 57515 (Oct. 3, 2008), FERC Stats. & Regs., Regulations Preambles 2008–2013 ¶ 31,276 (2008). 4 15 U.S.C. 717c. 5 16 U.S.C. 824d. 6 49 App. U.S.C. 6 (1988). 2 These PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 29075 FPA and section 6(6) of the ICA) also provide that filings to revise rates, terms and conditions of service must be filed in the form the Commission designates. In Order No. 714, the Commission adopted regulations 7 governing the filing of such changes to rates, terms and conditions of service and of other materials related to such changes,8 for natural gas pipelines, public utilities, and oil pipelines governed by these statutes. These regulations require that all tariff and tariff-related filings must be made electronically according to the requirements and formats for such electronic filing listed in the instructions for such electronic filing.9 The Commission stated that the formats and data elements in these requirements ‘‘are required to properly identify the nature of the tariff filing. . . .’’ 10 In a subsequent order, the Commission further amplified the procedures for identifying whether tariff filings are statutory, explaining that only eTariff filings using the proper filing codes would establish the applicable filing and notice requirements under the NGA, FPA, and ICA.11 In this regard, the Commission stated that the filer’s choice of electronic filing codes determines whether a filing has a statutory action date, and not statements in transmittal letters or other documents.12 4. Despite the passage of three years since the implementation of electronic tariff filing, many filers still are incorrectly filing what purport to be statutory filings, either by not making the filings through eTariff or by not using the proper filing codes for statutory filings.13 We are therefore revising sections 35.7, 154.4, and 341.1 of the Commission’s regulations to reflect the Commission’s required 7 18 CFR 35.7, 154.4, 157.217, 284.123, 284.224, 300.10, 341.1. 8 Order No. 714 used the term ‘‘tariff’’ to refer to tariffs, rates schedules, jurisdictional contracts, and other jurisdictional agreements that are required to be on file with the Commission. See Order No. 714, FERC Stats. & Regs. ¶ 31,276 at P 13 n.11. 9 The Commission indicated that grandfathered agreements did not need to be refiled as part of the initial baseline filing to place jurisdictional agreements in eTariff. Order No. 714, FERC Stats. & Regs., Regulations Preambles 2008–2013 ¶ 31,276, at P 92 (2008). Such agreements, therefore, may be cancelled under section 35.17 of the regulations without the submission of an eTariff statutory filing. 10 Id. P 23. 11 Electronic Tariff Filings, 130 FERC ¶ 61,047 (2010). 12 Id. P 4. 13 As the Commission indicated in Electronic Tariff Filings, Commission staff would endeavor to call (and, in fact, have frequently called) filers to identify filings with transmittal letters that purport to be making statutory filings but that were not properly filed electronically as statutory filings. Id. P 5. E:\FR\FM\21MYR1.SGM 21MYR1 29076 Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations procedures and practices to better ensure accurate filing. The regulations now will provide explicitly that only tariff filings properly filed as and designated as statutory filings according to the Commission’s eTariff requirements will be considered to have statutory action dates, and that tariff filings not properly filed and designated as statutory filings will not become effective in the absence of Commission action. We also are similarly amending section 385.205 to provide explicitly that a tariff filing must be made electronically, according to the requirements and formats for electronic filing posted by the Secretary.14 5. To help filers verify the nature of their filing, the Commission enables filers to verify whether their electronic filings match their intent. Filers making electronic tariff filings are notified of the ‘‘type of filing’’ code used in the responsive emails by the Secretary to their electronic filing, and the Commission’s eLibrary filing description includes the ‘‘type of filing’’ code.15 II. Information Collection Statement 6. Office of Management and Budget (OMB) regulations require OMB to approve certain information collection requirements imposed by agency rule.16 However, this instant Final Rule does not contain or modify any information collection requirements. emcdonald on DSK67QTVN1PROD with RULES III. Environmental Analysis 7. 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.17 Part 380 of the Commission’s regulations lists exemptions to the requirement to draft an Environmental Analysis or Environmental Impact Statement, and this rulemaking qualifies under the 14 As we provided in Order No. 714, the Secretary of the Commission has delegated authority to make revisions to these instructions, including ‘‘type of filing’’ codes. 18 CFR 375.302(z). These instructions are available at https://www.ferc.gov/docs-filing/ etariff.asp. 15 Federal Energy Regulatory Commission, eTariff, eTariff Email Templates, (https:// www.ferc.gov/docs-filing/etariff.asp), https:// www.ferc.gov/docs-filing/etariff/etariff-temp.pdf. The statutory filing codes are listed in the ‘‘Type of Filing’’ Rules Table posted on the Commission’s eTariff Web site, https://www.ferc.gov/docs-filing/ etariff/types-filing-rules-table.pdf (Statutory Filings are those denominated under the heading ‘‘Filing Category’’ as ‘‘Normal’’, ‘‘Cancellation’’, and ‘‘Baseline New’’). 16 5 CFR 1320.12. 17 Regulations Implementing the National Environmental Policy Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 (1987). VerDate Mar<15>2010 16:26 May 20, 2014 Jkt 232001 exemption for procedural, ministerial or internal administrative actions.18 IV. Regulatory Flexibility Act 8. The Regulatory Flexibility Act of 1980 (RFA) 19 generally requires a description and analysis of final rules that will have significant economic impact on a substantial number of small entities. This instant Final Rule concerns agency procedures. The Commission certifies that it will not have a significant economic impact upon participants in Commission proceedings. An analysis under the RFA is thus not required. V. 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:// 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. 10. 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 in the docket number field. 11. 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 1–866–208–3676) 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. VI. Effective Date and Congressional Notification 12. The Commission is issuing this rule as an instant 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 or 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. CFR 380.4(a)(1). 19 5 U.S.C. 601–12. Frm 00006 Fmt 4700 18 CFR Part 35 Electric power rates, Electric utilities, Reporting and recordkeeping requirements, Electricity. 18 CFR Part 154 Natural gas, Pipelines, Reporting and recordkeeping requirements, Natural gas companies, Rate schedules and tariffs. 18 CFR Part 341 Maritime carriers, Pipelines, Reporting and recordkeeping requirements. 18 CFR Part 385 Administrative practice and procedure, Electric power, Penalties, Pipelines, Reporting and recordkeeping requirements. By the Commission. Nathaniel J. Davis, Sr., Deputy Secretary. In consideration of the foregoing, the Commission amends parts 35, 154, 341, and 385, Chapter I, Title 18, Code of Federal Regulations, as follows: PART 35—FILING OF RATE SCHEDULES AND TARIFFS 1. 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. 2. Section 35.7 is amended by revising the section heading, and adding paragraph (d) to read as follows: ■ § 35.7 Electronic filing of tariffs and related materials. * * * * * (d) Only filings filed and designated as filings with statutory action dates in accordance with these electronic filing requirements and formats will be considered to have statutory action dates. Filings not properly filed and designated as having statutory action dates will not become effective, pursuant to the Federal Power Act, should the Commission not act by the requested action date. PART 154—RATE SCHEDULES AND TARIFFS 3. The authority citation for part 154 continues to read as follows: ■ Authority: 15 U.S.C. 717–717w; 31 U.S.C. 9701; 42 U.S.C. 7102–7352. 4. Section 154.4 is amended by adding paragraph (d) to read as follows: ■ § 154.4 Electronic filing of tariffs and related materials. 18 18 PO 00000 List of Subjects * Sfmt 4700 E:\FR\FM\21MYR1.SGM * * 21MYR1 * * Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations (d) Only filings filed and designated as filings with statutory action dates in accordance with these electronic filing requirements and formats will be considered to have statutory action dates. Filings not properly filed and designated as having statutory action dates will not become effective, pursuant to the Natural Gas Act, should the Commission not act by the requested action date. PART 341—OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO SECTION 6 OF THE INTERSTATE COMMERCE ACT 5. The authority citation for part 341 continues to read as follows: ■ 6. Section 341.1 is amended by adding paragraph (d) to read as follows: ■ § 341.1 Electronic filing of tariffs and related materials. * * * * * (d) Only filings filed and designated as filings with statutory action dates in accordance with these electronic filing requirements and formats will be considered to have statutory action dates. Filings not properly filed and designated as having statutory action dates will not become effective, pursuant to the Interstate Commerce Act, should the Commission not act by the requested action date. PART 385—RULES OF PRACTICE AND PROCEDURE 7. 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). 8. Section 385.205 is revised to read as follows: ■ emcdonald on DSK67QTVN1PROD with RULES Tariff or rate filings (Rule 205). (a) A person must make a tariff or rate filing in order to establish or change any specific rate, rate schedule, tariff, tariff schedule, fare, charge, or term or condition of service, or any classification, contract, practice, or any related regulation established by and for the applicant. (b) A tariff or rate filing must be made electronically in accordance with the requirements and formats for electronic filing listed in the instructions for electronic filings. A tariff or rate filing not made in accordance with these requirements and formats will not have VerDate Mar<15>2010 17:14 May 20, 2014 Jkt 232001 [FR Doc. 2014–11767 Filed 5–20–14; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 10, 24, 162, 163, and 178 [USCBP–2013–0040; CBP Dec. 14–06] Authority: 42 U.S.C. 7101–7352; 49 U.S.C. 1–27. § 385.205 a statutory action date and will not become effective should the Commission not act by the requested action date. RIN 1515–AD93 United States-Panama Trade Promotion Agreement U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: This document adopts as a final rule interim amendments to the U.S. Customs and Border Protection (CBP) regulations which were published in the Federal Register on October 23, 2013, as CBP Dec. 13–17, to implement the preferential tariff treatment and other customs-related provisions of the United States-Panama Trade Promotion Agreement. DATES: Final rule effective June 20, 2014. SUMMARY: FOR FURTHER INFORMATION CONTACT: Textile Operational Aspects: Diane Liberta, Textile Operations Branch, Office of International Trade, (202) 863– 6241. Other Operational Aspects: Katrina Chang, Trade Policy and Programs, Office of International Trade, (202) 863– 6532. Legal Aspects: Karen Greene, Regulations and Rulings, Office of International Trade, (202) 325–0041. SUPPLEMENTARY INFORMATION: Background On June 28, 2007, the United States and the Republic of Panama (the ‘‘Parties’’) signed the United StatesPanama Trade Promotion Agreement (‘‘PANTPA’’ or ‘‘Agreement’’). On October 21, 2011, the President signed into law the United States-Panama Trade Promotion Agreement Implementation Act (the ‘‘Act’’), Public Law 112–43, 125 Stat. 497 (19 U.S.C. 3805 note), which approved and made statutory changes to implement the PANTPA. On October 29, 2012, the PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 29077 President signed Proclamation 8894 to implement the PANTPA. The Proclamation, which was published in the Federal Register on November 5, 2012, (77 FR 66507), modified the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) as set forth in Annexes I and II of Publication 4349 of the U.S. International Trade Commission. On October 23, 2013, CBP published CBP Dec. 13–17 in the Federal Register (78 FR 63052) setting forth interim amendments to implement the preferential tariff treatment and other customs-related provisions of the PANTPA and the Act. The majority of the PANTPA implementing regulations set forth in CBP Dec. 13–17 and adopted as final in this document have been included within Subpart S of Part 10 of the CBP regulations (19 CFR Part 10). However, in those cases in which PANTPA implementation is more appropriate in the context of an existing regulatory provision, the PANTPA regulatory text has been incorporated into an existing Part within the CBP regulations. CBP Dec. 13–17 also sets forth a number of cross-references and other consequential changes to existing regulatory provisions to clarify the relationship between those existing provisions and the new PANTPA implementing regulations. Please refer to that document for further background information. Although the interim regulatory amendments were promulgated without prior public notice and comment procedures and took effect on October 23, 2013, CBP Dec. 13–17 provided for the submission of public comments which would be considered before adoption of the interim regulations as a final rule. The prescribed public comment closed on December 23, 2013. CBP received one comment on CBP Dec. 13–17. Discussion of Comments One response was received to the solicitation of comments on the interim rule set forth in CBP Dec. 13–17. The comment is discussed below. Comment One commenter disagreed with the establishment of the PANTPA and suggested that the trade agreement would cause domestic economic issues and could cause social problems as well. CBP Response The PANTPA Implementation Act was enacted by Congress. The commenter’s concerns regarding the economic and social impact of the E:\FR\FM\21MYR1.SGM 21MYR1

Agencies

[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Rules and Regulations]
[Pages 29075-29077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11767]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 35, 154, 341, and 385

[Docket No. RM01-5-001; Order No. 714-A]


Electronic Tariff Filings

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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SUMMARY: The Commission is clarifying its regulations to make explicit 
that, consistent with Order No. 714 and its subsequent orders, 
statutory tariff and rate filings must be made electronically, 
according to the Commission's posted requirements for eTariff filings. 
Filings not made in proper electronic format will not become effective 
under the applicable statutes if the Commission fails to act by the 
proposed effective dates in the applicants' pleadings.

DATES: This rule will become effective June 20, 2014.

FOR FURTHER INFORMATION CONTACT: 

Michael Goldenberg (Legal Information), Office of the General Counsel, 
888 First Street NE., Washington, DC 20426, 202-502-8685, 
michael.goldenberg@ferc.gov, (Legal Issues).
H. Keith Pierce (Technical Information), Office of Energy Market 
Regulation, 888 First Street NE., Washington, DC 20426, 202-502-8525, 
keith.pierce@ferc.gov.

SUPPLEMENTARY INFORMATION:

147 FERC ] 61,115
Before Commissioners: Cheryl A. LaFleur, Acting Chairman; Philip D. 
Moeller, John R. Norris, and Tony Clark.

Final Rule

Issued May 15, 2014

    1. By this instant Final Rule, the Commission is clarifying its 
regulations \1\ to make explicit that, in order for filings to have a 
statutory action date, the filings must be made electronically as 
tariff filings in accordance with the Commission's posted requirements 
and formats (commonly known as ``eTariff''). Filings not made in proper 
format consistent with the Commission's eTariff requirements will not 
become effective by operation of law under the statutes administered by 
the Commission, if the Commission fails to act on the filings within 
the timeframes in the statutes.\2\ These revisions clarify the 
regulations so they reflect the Commission's Order No. 714,\3\ adopting 
regulations requiring electronic filing of tariffs and tariff-related 
materials.
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    \1\ 18 CFR 35.7, 154.4, 341.1, and 385.205.
    \2\ These statutes include the Natural Gas Act (NGA), the 
Federal Power Act (FPA), and the Interstate Commerce Act (ICA).
    \3\ Electronic Tariff Filings, Order No. 714, 73 FR 57515 (Oct. 
3, 2008), FERC Stats. & Regs., Regulations Preambles 2008-2013 ] 
31,276 (2008).
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I. Discussion

    2. Section 4 of the Natural Gas Act (NGA),\4\ section 205 of the 
Federal Power Act (FPA),\5\ and section 6 of the Interstate Commerce 
Act (ICA) \6\ provide that no change shall be made in rates, charges, 
classifications, or services except after prior notice provided to the 
Commission. The statutes further provide that if the Commission fails 
to act on such a filing within the statutorily prescribed notice 
period, the changes in the filing will become effective by operation of 
law.
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    \4\ 15 U.S.C. 717c.
    \5\ 16 U.S.C. 824d.
    \6\ 49 App. U.S.C. 6 (1988).
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    3. These statutory provisions (section 4(c) of the NGA, section 
205(c) of the FPA and section 6(6) of the ICA) also provide that 
filings to revise rates, terms and conditions of service must be filed 
in the form the Commission designates. In Order No. 714, the Commission 
adopted regulations \7\ governing the filing of such changes to rates, 
terms and conditions of service and of other materials related to such 
changes,\8\ for natural gas pipelines, public utilities, and oil 
pipelines governed by these statutes. These regulations require that 
all tariff and tariff-related filings must be made electronically 
according to the requirements and formats for such electronic filing 
listed in the instructions for such electronic filing.\9\ The 
Commission stated that the formats and data elements in these 
requirements ``are required to properly identify the nature of the 
tariff filing. . . .'' \10\ In a subsequent order, the Commission 
further amplified the procedures for identifying whether tariff filings 
are statutory, explaining that only eTariff filings using the proper 
filing codes would establish the applicable filing and notice 
requirements under the NGA, FPA, and ICA.\11\ In this regard, the 
Commission stated that the filer's choice of electronic filing codes 
determines whether a filing has a statutory action date, and not 
statements in transmittal letters or other documents.\12\
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    \7\ 18 CFR 35.7, 154.4, 157.217, 284.123, 284.224, 300.10, 
341.1.
    \8\ Order No. 714 used the term ``tariff'' to refer to tariffs, 
rates schedules, jurisdictional contracts, and other jurisdictional 
agreements that are required to be on file with the Commission. See 
Order No. 714, FERC Stats. & Regs. ] 31,276 at P 13 n.11.
    \9\ The Commission indicated that grandfathered agreements did 
not need to be refiled as part of the initial baseline filing to 
place jurisdictional agreements in eTariff. Order No. 714, FERC 
Stats. & Regs., Regulations Preambles 2008-2013 ] 31,276, at P 92 
(2008). Such agreements, therefore, may be cancelled under section 
35.17 of the regulations without the submission of an eTariff 
statutory filing.
    \10\ Id. P 23.
    \11\ Electronic Tariff Filings, 130 FERC ] 61,047 (2010).
    \12\ Id. P 4.
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    4. Despite the passage of three years since the implementation of 
electronic tariff filing, many filers still are incorrectly filing what 
purport to be statutory filings, either by not making the filings 
through eTariff or by not using the proper filing codes for statutory 
filings.\13\ We are therefore revising sections 35.7, 154.4, and 341.1 
of the Commission's regulations to reflect the Commission's required

[[Page 29076]]

procedures and practices to better ensure accurate filing. The 
regulations now will provide explicitly that only tariff filings 
properly filed as and designated as statutory filings according to the 
Commission's eTariff requirements will be considered to have statutory 
action dates, and that tariff filings not properly filed and designated 
as statutory filings will not become effective in the absence of 
Commission action. We also are similarly amending section 385.205 to 
provide explicitly that a tariff filing must be made electronically, 
according to the requirements and formats for electronic filing posted 
by the Secretary.\14\
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    \13\ As the Commission indicated in Electronic Tariff Filings, 
Commission staff would endeavor to call (and, in fact, have 
frequently called) filers to identify filings with transmittal 
letters that purport to be making statutory filings but that were 
not properly filed electronically as statutory filings. Id. P 5.
    \14\ As we provided in Order No. 714, the Secretary of the 
Commission has delegated authority to make revisions to these 
instructions, including ``type of filing'' codes. 18 CFR 375.302(z). 
These instructions are available at https://www.ferc.gov/docs-filing/etariff.asp.
---------------------------------------------------------------------------

    5. To help filers verify the nature of their filing, the Commission 
enables filers to verify whether their electronic filings match their 
intent. Filers making electronic tariff filings are notified of the 
``type of filing'' code used in the responsive emails by the Secretary 
to their electronic filing, and the Commission's eLibrary filing 
description includes the ``type of filing'' code.\15\
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    \15\ Federal Energy Regulatory Commission, eTariff, eTariff 
Email Templates, (https://www.ferc.gov/docs-filing/etariff.asp), 
https://www.ferc.gov/docs-filing/etariff/etariff-temp.pdf.
    The statutory filing codes are listed in the ``Type of Filing'' 
Rules Table posted on the Commission's eTariff Web site, https://www.ferc.gov/docs-filing/etariff/types-filing-rules-table.pdf 
(Statutory Filings are those denominated under the heading ``Filing 
Category'' as ``Normal'', ``Cancellation'', and ``Baseline New'').
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II. Information Collection Statement

    6. Office of Management and Budget (OMB) regulations require OMB to 
approve certain information collection requirements imposed by agency 
rule.\16\ However, this instant Final Rule does not contain or modify 
any information collection requirements.
---------------------------------------------------------------------------

    \16\ 5 CFR 1320.12.
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III. Environmental Analysis

    7. 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.\17\ Part 
380 of the Commission's regulations lists exemptions to the requirement 
to draft an Environmental Analysis or Environmental Impact Statement, 
and this rulemaking qualifies under the exemption for procedural, 
ministerial or internal administrative actions.\18\
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    \17\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. 
& Regs. ] 30,783 (1987).
    \18\ 18 CFR 380.4(a)(1).
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IV. Regulatory Flexibility Act

    8. The Regulatory Flexibility Act of 1980 (RFA) \19\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
This instant Final Rule concerns agency procedures. The Commission 
certifies that it will not have a significant economic impact upon 
participants in Commission proceedings. An analysis under the RFA is 
thus not required.
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    \19\ 5 U.S.C. 601-12.
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V. 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://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.
    10. 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 in 
the docket number field.
    11. 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 1-866-208-3676) 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.

VI. Effective Date and Congressional Notification

    12. The Commission is issuing this rule as an instant 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 or 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 35

    Electric power rates, Electric utilities, Reporting and 
recordkeeping requirements, Electricity.

18 CFR Part 154

    Natural gas, Pipelines, Reporting and recordkeeping requirements, 
Natural gas companies, Rate schedules and tariffs.

18 CFR Part 341

    Maritime carriers, Pipelines, Reporting and recordkeeping 
requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Penalties, 
Pipelines, Reporting and recordkeeping requirements.

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

    In consideration of the foregoing, the Commission amends parts 35, 
154, 341, and 385, Chapter I, Title 18, Code of Federal Regulations, as 
follows:

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
1. 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.


0
2. Section 35.7 is amended by revising the section heading, and adding 
paragraph (d) to read as follows:


Sec.  35.7  Electronic filing of tariffs and related materials.

* * * * *
    (d) Only filings filed and designated as filings with statutory 
action dates in accordance with these electronic filing requirements 
and formats will be considered to have statutory action dates. Filings 
not properly filed and designated as having statutory action dates will 
not become effective, pursuant to the Federal Power Act, should the 
Commission not act by the requested action date.

PART 154--RATE SCHEDULES AND TARIFFS

0
3. The authority citation for part 154 continues to read as follows:

    Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.


0
4. Section 154.4 is amended by adding paragraph (d) to read as follows:


Sec.  154.4  Electronic filing of tariffs and related materials.

* * * * *

[[Page 29077]]

    (d) Only filings filed and designated as filings with statutory 
action dates in accordance with these electronic filing requirements 
and formats will be considered to have statutory action dates. Filings 
not properly filed and designated as having statutory action dates will 
not become effective, pursuant to the Natural Gas Act, should the 
Commission not act by the requested action date.

PART 341--OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO 
SECTION 6 OF THE INTERSTATE COMMERCE ACT

0
5. The authority citation for part 341 continues to read as follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27.


0
6. Section 341.1 is amended by adding paragraph (d) to read as follows:


Sec.  341.1  Electronic filing of tariffs and related materials.

* * * * *
    (d) Only filings filed and designated as filings with statutory 
action dates in accordance with these electronic filing requirements 
and formats will be considered to have statutory action dates. Filings 
not properly filed and designated as having statutory action dates will 
not become effective, pursuant to the Interstate Commerce Act, should 
the Commission not act by the requested action date.

PART 385--RULES OF PRACTICE AND PROCEDURE

0
7. 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).


0
8. Section 385.205 is revised to read as follows:


Sec.  385.205  Tariff or rate filings (Rule 205).

    (a) A person must make a tariff or rate filing in order to 
establish or change any specific rate, rate schedule, tariff, tariff 
schedule, fare, charge, or term or condition of service, or any 
classification, contract, practice, or any related regulation 
established by and for the applicant.
    (b) A tariff or rate filing must be made electronically in 
accordance with the requirements and formats for electronic filing 
listed in the instructions for electronic filings. A tariff or rate 
filing not made in accordance with these requirements and formats will 
not have a statutory action date and will not become effective should 
the Commission not act by the requested action date.

[FR Doc. 2014-11767 Filed 5-20-14; 8:45 am]
BILLING CODE 6717-01-P
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