Revised Exhibit Submission Requirements for Commission Hearings, 36234-36236 [2015-15431]
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36234
Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
on its Web site: https://
www.ams.usda.gov/Cotton. Importers
who favor the conduct of a continuance
referendum can download a form from
the Web site, or request a sign-up form
by contacting CottonRP@ams.usda.gov
or (540) 361–2726 and one will be
provided to them. Importers may
participate in the sign-up period by
submitting a signed, written request for
a continuance referendum, along with a
copy of a U.S. Customs and Border
Protection form 7501 showing payment
of a cotton assessment for calendar year
2014. The USDA, AMS, Cotton and
Tobacco Program, Attention: Cotton
Sign-Up, P.O. Box 23181, Washington,
DC 20077–8249 shall be considered the
polling place for all cotton importers.
All requests and supporting documents
must be received by August 14, 2015.
(c) Each person on the county FSA
office lists may participate in the signup period. Eligible producers must date
and sign their name on the ‘‘County
FSA Office Sign-up Sheet.’’ A person
whose name does not appear on the
county FSA office list may participate in
the sign-up period. Such person must be
identified on FSA–578 during the
representative period or provide
documentation that demonstrates that
the person was a cotton producer during
the representative period. Cotton
producers not listed on the FSA–578
shall submit at least one sales receipt for
cotton they planted during the
representative period. Cotton producers
must make requests to the county FSA
office where the producer’s farm is
located. If the producer’s land is in more
than one county, the producer shall
make request at the county office where
FSA administratively maintains and
processes the producer’s farm records. It
is the responsibility of the person to
provide the information needed by the
county FSA office to determine
eligibility. It is not the responsibility of
the county FSA office to obtain this
information. If any person whose name
does not appear on the county FSA
office list fails to provide at least one
sales receipt for the cotton they
produced during the representative
period, the county FSA office shall
determine that such person is ineligible
to participate in the sign-up period, and
shall note ‘‘ineligible’’ in the remarks
section next to the person’s name on the
county FSA office sign-up sheet. In lieu
of personally appearing at a county FSA
office, eligible producers may request a
sign-up form from the county FSA office
where the producer’s farm is located. If
the producer’s land is in more than one
county, the producer shall make the
request for the sign-up form at the
county office where FSA
administratively maintains and
processes the producer’s farm records.
Such request must be accompanied by
a copy of at least one sales receipt for
cotton they produced during the
representative period. The appropriate
FSA office must receive all completed
forms and supporting documentation by
August 14, 2015.
■ 5. In § 1205.28, the first sentence is
revised to read as follows:
§ 1205.28
Counting.
County FSA offices and FSA, Deputy
Administrator for Field Operations
(DAFO), shall begin counting requests
no later than August 14, 2015. * * *
■ 6. Section 1205.29 is revised to read
as follows:
§ 1205.29
Reporting results.
(a) Each county FSA office shall
prepare and transmit to the state FSA
office, by August 21, 2015, a written
report of the number of eligible
producers who requested the conduct of
a referendum, and the number of
ineligible persons who made requests.
(b) DAFO shall prepare, by August 21,
2015, a written report of the number of
eligible importers who requested the
conduct of a referendum, and the
number of ineligible persons who made
requests.
(c) Each state FSA office shall, by
August 21, 2015, forward all county
reports to DAFO. By August 28, 2015,
DAFO shall forward its report of the
total number of eligible producers and
importers that requested a continuance
referendum, through the sign-up period,
to the Deputy Administrator, Cotton and
Tobacco Program, Agricultural
Marketing Service, USDA, 100 Riverside
Parkway, Suite 101, Fredericksburg,
Virginia 22406.
Authority: 7 U.S.C. 2101–2118.
Dated: June 18, 2015.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2015–15423 Filed 6–23–15; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 385
[Docket No. RM15–5–000; Order No. 811]
Revised Exhibit Submission
Requirements for Commission
Hearings
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
AGENCY:
In this Final Rule, the Federal
Energy Regulatory Commission
(Commission) is amending Rule 508 of
the Commission’s Rules of Practice and
Procedure to eliminate the requirement
that participants in Commission trialtype evidentiary hearings must provide
paper copies of all exhibits introduced
as evidence. The Final Rule will
facilitate a shift toward electronic
hearing procedures which should
improve the efficiency and
administrative convenience of the
Commission hearing process, reduce the
burden and expense associated with
paper exhibits, and facilitate the
compilation and transmittal of the
hearing record to the Commission in
electronic format.
DATES: This rule will become effective
July 24, 2015.
FOR FURTHER INFORMATION CONTACT:
Karin Herzfeld, Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, Telephone:
(202) 502–8459.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Order No. 811
Final Rule
Table of Contents
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Paragraph
Nos.
I. Background ............................................................................................................................................................................................
II. Discussion ............................................................................................................................................................................................
III. Information Collection Statement ......................................................................................................................................................
IV. Environmental Analysis .....................................................................................................................................................................
V. Regulatory Flexibility Act ...................................................................................................................................................................
VI. Document Availability .......................................................................................................................................................................
VII. Effective Date and Congressional Notification ................................................................................................................................
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14.
Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
1. In this Final Rule, the Federal
Energy Regulatory Commission
(Commission) is amending Rule 508 of
the Commission’s Rules of Practice and
Procedure 1 to eliminate the requirement
that participants in Commission trialtype evidentiary hearings must provide
paper copies of all exhibits introduced
as evidence. The Commission is
amending section 385.508 of the
Commission’s regulations by removing
paragraph (a)(2) and redesignating
paragraph (a)(3) as paragraph (a)(2).
While still retaining the option to
provide exhibits in paper form, the
Final Rule will facilitate a shift toward
electronic hearing procedures which
should improve the efficiency and
administrative convenience of the
Commission hearing process, reduce the
burden and expense associated with
paper exhibits, and facilitate the
compilation and transmittal of the
hearing record to the Commission in
electronic format.
I. Background
2. The Federal government has set a
goal to substitute electronic means of
communication and information storage
for paper. For example, the Government
Paperwork Elimination Act directed
agencies to provide for the optional use
and acceptance of electronic documents
and signatures, and electronic recordkeeping, where practical.2 Similarly, the
Office of Management and Budget
(OMB) Circular A–130 required agencies
to use electronic information collection
techniques, where such means will
reduce the burden on the public,
increase efficiency, reduce costs, and
help provide better service.
3. On September 21, 2000, the
Commission issued Order No. 619,
which implemented the use of the
Internet for submission of certain
documents to the Commission for
filing.3 The eFiling system plays an
important role in the Commission’s
efforts to comply with the Government
Paperwork Elimination Act’s
requirement that agencies provide the
option to submit information
electronically, when practicable, as a
substitute for paper.4 Filing via the
Internet is optional for eligible
documents.5 Since issuing Order No.
619, the Commission has greatly
expanded its ability to accept
electronically filed material, including
interventions, protests, rehearings,
1 18
CFR 385.508.
U.S.C. 3504.
3 Electronic Filing of Documents, Order No. 619,
65 FR 57088 (Sept. 21, 2000), FERC Stats. & Regs.
¶ 31,107 (2000).
4 44 U.S.C. 3504.
5 18 CFR 385.2001(a).
2 44
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complaints, and applications for
certificates and licenses.6 In 2008, the
Commission further implemented a
system for electronic tariff filing.7
Consistent with these prior efforts to
provide electronic filing options, on
March 19, 2015, the Commission issued
a Notice of Proposed Rulemaking
proposing to eliminate the requirement
that all exhibits introduced at
Commission hearings must be provided
in paper form. In response to the NOPR,
the Commission received comments
from the New York Transmission
Owners,8 stating that they support the
Commission’s proposed elimination of
the requirement to provide paper copies
of exhibits introduced during
evidentiary hearings, and that they agree
with the Commission that this would
improve the efficiency and
administrative convenience of the
Commission hearing process as well as
reduce the substantial burden and
expense associated with providing
paper copies of exhibits.
II. Discussion
4. Section 385.508 of the
Commission’s regulations currently
requires that ‘‘[a]ny participant who
seeks to have an exhibit admitted into
evidence must provide one copy of the
exhibit to the presiding officer and two
copies to the reporter, not later than the
time that the exhibit is marked for
identification.’’ 9 Under current practice,
the court reporter assigns Exhibit
Numbers to the paper copies and
provides the paper copies to the
Commission’s Docket Branch to be
scanned into the Commission’s eLibrary
system. Copies of all exhibits and
motions that are not pre-filed must also
be provided to all participants at the
hearing.10
6 See Electronic Registration, Order No. 891, 67
FR 52,406 (Aug. 12, 2002), FERC Stats. & Regs.
¶ 31,132 (2002); Electronic Filing of FERC Form 1,
and Elimination of Certain Designated Schedules in
Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093
(May 23, 2002), FERC Stats. & Regs. ¶ 31,130 (2002);
Electronic Service of Documents, 66 FR 50,591 (Oct.
4, 2001), FERC Stats. & Regs. ¶ 35,539 (2001);
Revised Public Utility Filing Requirements, Order
No. 2001, 67 FR 31,043 (May 8, 2002), FERC Stats.
& Regs. ¶ 31,127 (2002); Filing Via the Internet,
Order No. 703, 72 FR 65,659 (Nov. 23, 2007), FERC
Stats. & Regs. ¶ 31,259 (2007).
7 Electronic Tariff Filings, Order No. 714, FERC
Stats. & Regs. ¶ 31,276 (2008).
8 The New York Transmission Owners consist of
Central Hudson Gas & Electric Corporation,
Consolidated Edison Company of New York, Inc.,
New York Power Authority, New York State
Electric & Gas Corporation, Niagara Mohawk Power
Corporation d/b/a National Grid, Orange and
Rockland Utilities, Inc., Power Supply Long Island,
and Rochester Gas and Electric Corporation.
9 18 CFR 385.508(2).
10 18 CFR 385.510(d).
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36235
5. The administrative law judges
recently adopted a revised practice for
handling exhibits and creating the
Exhibit List that removes the need for
providing paper copies at the hearing.
Under this policy, within seven days of
the end of the hearing, participants must
file (via eFiling) a ‘‘Joint Exhibit List’’
and each sponsoring party must file (via
eFiling) the ‘‘Official Copies’’ of each
exhibit that was offered into evidence
and admitted or rejected.11 Thus, it is no
longer necessary or efficient to require
all participants to provide the presiding
judge and court reporter with paper
copies of each exhibit introduced at the
hearing.
6. In this Final Rule, the Commission
is therefore eliminating the requirement
that participants provide one paper
copy of each exhibit to the presiding
officer and two paper copies to the court
reporter.12 This Final Rule represents a
continuation of the Commission’s efforts
to implement the goal of substituting
electronic means of communication and
information storage for paper means.
The Final Rule should save resources
because participants will no longer be
required to make multiple paper copies
of all exhibits that they intend to submit
into evidence. The Final Rule also will
facilitate the presiding judge’s
compilation and transmittal of the
hearing record to the Commission in
electronic format.
III. Information Collection Statement
7. Certain collections of information
are subject to review by the Office of
Management and Budget (OMB) under
section 3507(d) of the Paperwork
Reduction Act of 1995 (PRA).13 OMB’s
regulations require OMB to approve
certain information collection
requirements imposed by agency rule.14
This Final Rule does not contain any
information collection requirements, as
defined under section 3502(3) of the
11 See Notice to the Public, Procedures for
Handling Exhibits and Developing the Electronic
Hearing Record (issued December 12, 2014),
https://www.ferc.gov/media/headlines/2014/2014-4/
12-12-14-notice.pdf.
All electronically-filed exhibits must comply
with eFiling file format requirements. See Filing Via
the Internet, Order No. 703, FERC Stats. & Regs.
¶ 31,259 at P 33.
For exhibits that have not previously been
provided to the participants, such exhibits must
still be provided to the participants at the hearing.
See 18 CFR 385.510(d).
12 Most participants file pre-filed testimony and
exhibits electronically via the eFiling system before
the hearing. The presiding judge in each case will
continue to determine how participants exchange
exhibits brought to the hearing. See 18 CFR
385.504(b)(1), (4).
13 44 U.S.C. 3507(d).
14 5 CFR 1320.12.
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Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
PRA, and compliance with the OMB
regulations is thus 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.15 This action has been
categorically excluded under section
380.4(a)(2)(ii), addressing procedural
rules.16
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V. Regulatory Flexibility Act
9. The Regulatory Flexibility Act of
1980 (RFA) 17 generally requires a
description and analysis of rules that
will have a significant economic impact
on a substantial number of small
entities. This Final Rule concerns
procedural matters and is expected to
reduce the burden and expense
associated with paper exhibits and
improve the efficiency and
administrative convenience of the
Commission hearing process.
10. Accordingly, the Commission
certifies that this Final Rule will not
have a significant economic impact on
a substantial number of small entities.
An analysis under the RFA is not
required.
VI. Document Availability
11. 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.
12. 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.
13. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
15 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986–1990 ¶ 30,783 (1987).
16 18 CFR 380.4(a)(2)(ii).
17 5 U.S.C. 601–12.
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14:13 Jun 23, 2015
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or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
AGENCY FOR INTERNATIONAL
DEVELOPMENT
VII. Effective Date and Congressional
Notification
Hashemite Kingdom of Jordan Loan
Guarantees Issued Under the
Department of State, Foreign
Operations, and Related Programs
Appropriations Act, 2015—Standard
Terms and Conditions
14. This Final Rule is effective July
24, 2015. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996.18 This Final Rule
is being submitted to the Senate, House,
and Government Accountability Office.
List of Subjects in 18 CFR Part 385
Exhibits.
By the Commission.
Issued: June 18, 2015.
Kimberly D. Bose,
Secretary.
Agency for International
Development (USAID).
AGENCY:
ACTION:
PART 385—RULES OF PRACTICE AND
PROCEDURE
1. 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. 792–828c,
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).
2. Section 385.508 is amended by
revising paragraph (a) to read as follows:
■
Exhibits (Rule 508).
(a) General rules. (1) Except as
provided in paragraphs (b) through (e)
of this section, any material offered in
evidence, other than oral testimony,
must be offered in the form of an
exhibit.
(2) The presiding officer will cause
each exhibit offered by a participant to
be marked for identification.
*
*
*
*
*
[FR Doc. 2015–15431 Filed 6–23–15; 8:45 am]
BILLING CODE 6717–01–P
Final rule.
This regulation prescribes the
procedures and standard terms and
conditions applicable to loan guarantees
to be issued for the benefit of the
Hashemite Kingdom of Jordan pursuant
to Section 7034(r) of the Department of
State, Foreign Operations, and Related
Programs Appropriations Act, 2015.
SUMMARY:
DATES:
In consideration of the foregoing, the
Commission amends Part 385, Chapter I,
Title 18, Code of Federal Regulations, as
follows.
§ 385.508
22 CFR Part 238
Effective June 23, 2015.
D.
Bruce McPherson, Office of General
Counsel, U.S. Agency for International
Development, Washington, DC 20523–
6601; tel. 202–712–1611, fax 202–216–
3055.
FOR FURTHER INFORMATION CONTACT:
Pursuant
to Section 7034(r) of the Department of
State, Foreign Operations, and Related
Programs Appropriations Act, 2015
(Div. J, Pub. L. 113–235), the United
States of America, acting through the
U.S. Agency for International
Development, may issue certain loan
guarantees applicable to sums borrowed
by the Hashemite Kingdom of Jordan
(the ‘‘Borrower’’), not exceeding an
aggregate total of U.S. $1.5 billion in
principal amount. Upon issuance, the
loan guarantees shall ensure the
Borrower’s repayment of 100% of
principal and interest due under such
loans, and the full faith and credit of the
United States of America shall be
pledged for the full payment and
performance of such guarantee
obligations.
This rulemaking document is not
subject to rulemaking under 5 U.S.C.
553 or to regulatory review under
Executive Order 12866 because it
involves a foreign affairs function of the
United States. The provisions of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) do not apply.
SUPPLEMENTARY INFORMATION:
List of Subjects in 22 CFR Part 238
18 5
PO 00000
Foreign aid, Foreign relations,
Guaranteed loans, Loan programs—
foreign relations.
U.S.C. 804(2).
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]]>Agencies
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36234-36236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15431]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 385
[Docket No. RM15-5-000; Order No. 811]
Revised Exhibit Submission Requirements for Commission Hearings
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this Final Rule, the Federal Energy Regulatory Commission
(Commission) is amending Rule 508 of the Commission's Rules of Practice
and Procedure to eliminate the requirement that participants in
Commission trial-type evidentiary hearings must provide paper copies of
all exhibits introduced as evidence. The Final Rule will facilitate a
shift toward electronic hearing procedures which should improve the
efficiency and administrative convenience of the Commission hearing
process, reduce the burden and expense associated with paper exhibits,
and facilitate the compilation and transmittal of the hearing record to
the Commission in electronic format.
DATES: This rule will become effective July 24, 2015.
FOR FURTHER INFORMATION CONTACT: Karin Herzfeld, Office of the General
Counsel, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426, Telephone: (202) 502-8459.
SUPPLEMENTARY INFORMATION:
Order No. 811
Final Rule
Table of Contents
Paragraph
Nos.
I. Background............................................... 2.
II. Discussion.............................................. 4.
III. Information Collection Statement....................... 7.
IV. Environmental Analysis.................................. 8.
V. Regulatory Flexibility Act............................... 9.
VI. Document Availability................................... 11.
VII. Effective Date and Congressional Notification.......... 14.
[[Page 36235]]
1. In this Final Rule, the Federal Energy Regulatory Commission
(Commission) is amending Rule 508 of the Commission's Rules of Practice
and Procedure \1\ to eliminate the requirement that participants in
Commission trial-type evidentiary hearings must provide paper copies of
all exhibits introduced as evidence. The Commission is amending section
385.508 of the Commission's regulations by removing paragraph (a)(2)
and redesignating paragraph (a)(3) as paragraph (a)(2). While still
retaining the option to provide exhibits in paper form, the Final Rule
will facilitate a shift toward electronic hearing procedures which
should improve the efficiency and administrative convenience of the
Commission hearing process, reduce the burden and expense associated
with paper exhibits, and facilitate the compilation and transmittal of
the hearing record to the Commission in electronic format.
---------------------------------------------------------------------------
\1\ 18 CFR 385.508.
---------------------------------------------------------------------------
I. Background
2. The Federal government has set a goal to substitute electronic
means of communication and information storage for paper. For example,
the Government Paperwork Elimination Act directed agencies to provide
for the optional use and acceptance of electronic documents and
signatures, and electronic record-keeping, where practical.\2\
Similarly, the Office of Management and Budget (OMB) Circular A-130
required agencies to use electronic information collection techniques,
where such means will reduce the burden on the public, increase
efficiency, reduce costs, and help provide better service.
---------------------------------------------------------------------------
\2\ 44 U.S.C. 3504.
---------------------------------------------------------------------------
3. On September 21, 2000, the Commission issued Order No. 619,
which implemented the use of the Internet for submission of certain
documents to the Commission for filing.\3\ The eFiling system plays an
important role in the Commission's efforts to comply with the
Government Paperwork Elimination Act's requirement that agencies
provide the option to submit information electronically, when
practicable, as a substitute for paper.\4\ Filing via the Internet is
optional for eligible documents.\5\ Since issuing Order No. 619, the
Commission has greatly expanded its ability to accept electronically
filed material, including interventions, protests, rehearings,
complaints, and applications for certificates and licenses.\6\ In 2008,
the Commission further implemented a system for electronic tariff
filing.\7\ Consistent with these prior efforts to provide electronic
filing options, on March 19, 2015, the Commission issued a Notice of
Proposed Rulemaking proposing to eliminate the requirement that all
exhibits introduced at Commission hearings must be provided in paper
form. In response to the NOPR, the Commission received comments from
the New York Transmission Owners,\8\ stating that they support the
Commission's proposed elimination of the requirement to provide paper
copies of exhibits introduced during evidentiary hearings, and that
they agree with the Commission that this would improve the efficiency
and administrative convenience of the Commission hearing process as
well as reduce the substantial burden and expense associated with
providing paper copies of exhibits.
---------------------------------------------------------------------------
\3\ Electronic Filing of Documents, Order No. 619, 65 FR 57088
(Sept. 21, 2000), FERC Stats. & Regs. ] 31,107 (2000).
\4\ 44 U.S.C. 3504.
\5\ 18 CFR 385.2001(a).
\6\ See Electronic Registration, Order No. 891, 67 FR 52,406
(Aug. 12, 2002), FERC Stats. & Regs. ] 31,132 (2002); Electronic
Filing of FERC Form 1, and Elimination of Certain Designated
Schedules in Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093 (May
23, 2002), FERC Stats. & Regs. ] 31,130 (2002); Electronic Service
of Documents, 66 FR 50,591 (Oct. 4, 2001), FERC Stats. & Regs. ]
35,539 (2001); Revised Public Utility Filing Requirements, Order No.
2001, 67 FR 31,043 (May 8, 2002), FERC Stats. & Regs. ] 31,127
(2002); Filing Via the Internet, Order No. 703, 72 FR 65,659 (Nov.
23, 2007), FERC Stats. & Regs. ] 31,259 (2007).
\7\ Electronic Tariff Filings, Order No. 714, FERC Stats. &
Regs. ] 31,276 (2008).
\8\ The New York Transmission Owners consist of Central Hudson
Gas & Electric Corporation, Consolidated Edison Company of New York,
Inc., New York Power Authority, New York State Electric & Gas
Corporation, Niagara Mohawk Power Corporation d/b/a National Grid,
Orange and Rockland Utilities, Inc., Power Supply Long Island, and
Rochester Gas and Electric Corporation.
---------------------------------------------------------------------------
II. Discussion
4. Section 385.508 of the Commission's regulations currently
requires that ``[a]ny participant who seeks to have an exhibit admitted
into evidence must provide one copy of the exhibit to the presiding
officer and two copies to the reporter, not later than the time that
the exhibit is marked for identification.'' \9\ Under current practice,
the court reporter assigns Exhibit Numbers to the paper copies and
provides the paper copies to the Commission's Docket Branch to be
scanned into the Commission's eLibrary system. Copies of all exhibits
and motions that are not pre-filed must also be provided to all
participants at the hearing.\10\
---------------------------------------------------------------------------
\9\ 18 CFR 385.508(2).
\10\ 18 CFR 385.510(d).
---------------------------------------------------------------------------
5. The administrative law judges recently adopted a revised
practice for handling exhibits and creating the Exhibit List that
removes the need for providing paper copies at the hearing. Under this
policy, within seven days of the end of the hearing, participants must
file (via eFiling) a ``Joint Exhibit List'' and each sponsoring party
must file (via eFiling) the ``Official Copies'' of each exhibit that
was offered into evidence and admitted or rejected.\11\ Thus, it is no
longer necessary or efficient to require all participants to provide
the presiding judge and court reporter with paper copies of each
exhibit introduced at the hearing.
---------------------------------------------------------------------------
\11\ See Notice to the Public, Procedures for Handling Exhibits
and Developing the Electronic Hearing Record (issued December 12,
2014), https://www.ferc.gov/media/headlines/2014/2014-4/12-12-14-notice.pdf.
All electronically-filed exhibits must comply with eFiling file
format requirements. See Filing Via the Internet, Order No. 703,
FERC Stats. & Regs. ] 31,259 at P 33.
For exhibits that have not previously been provided to the
participants, such exhibits must still be provided to the
participants at the hearing. See 18 CFR 385.510(d).
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6. In this Final Rule, the Commission is therefore eliminating the
requirement that participants provide one paper copy of each exhibit to
the presiding officer and two paper copies to the court reporter.\12\
This Final Rule represents a continuation of the Commission's efforts
to implement the goal of substituting electronic means of communication
and information storage for paper means. The Final Rule should save
resources because participants will no longer be required to make
multiple paper copies of all exhibits that they intend to submit into
evidence. The Final Rule also will facilitate the presiding judge's
compilation and transmittal of the hearing record to the Commission in
electronic format.
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\12\ Most participants file pre-filed testimony and exhibits
electronically via the eFiling system before the hearing. The
presiding judge in each case will continue to determine how
participants exchange exhibits brought to the hearing. See 18 CFR
385.504(b)(1), (4).
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III. Information Collection Statement
7. Certain collections of information are subject to review by the
Office of Management and Budget (OMB) under section 3507(d) of the
Paperwork Reduction Act of 1995 (PRA).\13\ OMB's regulations require
OMB to approve certain information collection requirements imposed by
agency rule.\14\ This Final Rule does not contain any information
collection requirements, as defined under section 3502(3) of the
[[Page 36236]]
PRA, and compliance with the OMB regulations is thus not required.
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\13\ 44 U.S.C. 3507(d).
\14\ 5 CFR 1320.12.
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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.\15\ This
action has been categorically excluded under section 380.4(a)(2)(ii),
addressing procedural rules.\16\
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\15\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. Preambles 1986-1990 ] 30,783 (1987).
\16\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act
9. The Regulatory Flexibility Act of 1980 (RFA) \17\ generally
requires a description and analysis of rules that will have a
significant economic impact on a substantial number of small entities.
This Final Rule concerns procedural matters and is expected to reduce
the burden and expense associated with paper exhibits and improve the
efficiency and administrative convenience of the Commission hearing
process.
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\17\ 5 U.S.C. 601-12.
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10. Accordingly, the Commission certifies that this Final Rule will
not have a significant economic impact on a substantial number of small
entities. An analysis under the RFA is not required.
VI. Document Availability
11. 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.
12. 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.
13. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's 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.
VII. Effective Date and Congressional Notification
14. This Final Rule is effective July 24, 2015. The Commission has
determined, with the concurrence of the Administrator of the Office of
Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996.\18\ This Final Rule is
being submitted to the Senate, House, and Government Accountability
Office.
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\18\ 5 U.S.C. 804(2).
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List of Subjects in 18 CFR Part 385
Exhibits.
By the Commission.
Issued: June 18, 2015.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission amends Part 385,
Chapter I, Title 18, Code of Federal Regulations, as follows.
PART 385--RULES OF PRACTICE AND PROCEDURE
0
1. 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. 792-828c, 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
2. Section 385.508 is amended by revising paragraph (a) to read as
follows:
Sec. 385.508 Exhibits (Rule 508).
(a) General rules. (1) Except as provided in paragraphs (b) through
(e) of this section, any material offered in evidence, other than oral
testimony, must be offered in the form of an exhibit.
(2) The presiding officer will cause each exhibit offered by a
participant to be marked for identification.
* * * * *
[FR Doc. 2015-15431 Filed 6-23-15; 8:45 am]
BILLING CODE 6717-01-P
