Withdrawal of Pleadings, 23807-23808 [2018-11045]
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations
The Enforcement Office does not
intend to use its limited resources to
pursue enforcement action against
airlines for requiring proof of a service
animal’s vaccination, training, or
behavior so long as the documentation
is not required for passengers seeking to
travel with a service animal that is not
an ESA or PSA. Under section 382.27,
carriers may not require advance notice
to obtain services or accommodations,
except under circumstances specifically
permitted by rule. As noted above,
however, under DOT’s rule, airlines are
permitted to ask for up to 48 hours’
advance notice for passengers using
PSAs and ESAs. 14 CFR 382.27(c)(8).
The Department permits airlines to
require 48 hours’ advance notice of a
passenger wishing to travel with an ESA
or PSA in order to provide the carrier
the necessary time to assess the
passenger’s documentation.4 As such,
the Enforcement Office does not intend
to use its limited resources to pursue
enforcement action against airlines for
requiring proof of a service animal’s
vaccination, training, or behavior for
passengers seeking to travel with an
ESA or PSA. At present, the
Enforcement Office is not aware of any
airline requesting information from ESA
or PSA users that would make travel
with those animals unduly burdensome
or effectively impossible (e.g., requiring
veterinarians to directly guarantee or
certify that an animal will behave
appropriately onboard an aircraft). The
Enforcement Office will continue to
monitor the types of information sought
by ESA and PSA users, however.
daltland on DSKBBV9HB2PROD with RULES
Containing Emotional Support Animals
in the Cabin
Part 382 does not clearly specify
whether or how airlines may restrict the
movement of service animals in the
cabin. The FAA determined as a matter
of aircraft safety that passengers may
carry service animals in their lap during
all stages of flight, so long as the animal
does not weigh more than a lap child
(i.e., a child that has not reached his or
her second birthday).5 The Enforcement
Office then interpreted section 382.117
as prohibiting an airline from requiring
service animals to be harnessed in the
cabin, and requiring airlines to transport
service animals in the cabin free of
restraining devices while accompanying
users at their seats in accordance with
applicable safety requirements since
4 See
73 FR 27614, 27636 (May 13, 2008).
Order 8400.10, FSAT 04–01A (2004) at
https://fsims.faa.gov/WDocs/Bulletins/
Information%20Bulletins/
Air%20Transportation%20Info%20Bulletins%20
(FSAT)/FSAT0401A.htm.
5 FAA
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16:18 May 22, 2018
Jkt 244001
there appeared to be no safety reason to
do so.6
However, because the regulatory text
is not explicitly clear on this topic and
the FAA order does not address the
behavior of service animals, the
Enforcement Office now intends to
exercise its enforcement discretion with
respect to carriers that restrict the
movement of ESAs in the cabin. We
recognize the possibility that ESAs may
pose greater in-cabin safety risks
because they may not have undergone
the same level of training as other
service animals (including PSAs).
Accordingly, at this time, the
Enforcement Office will not take action
against carriers that impose reasonable
restrictions on the movement of ESAs in
the cabin so long as the reason for the
restriction is concern for the safety of
other passengers and crew. Such
restrictions may include requiring,
where appropriate for the animal’s size,
that the animal be placed in a pet
carrier, the animal stay on the floor at
the passenger’s feet, or requiring the
animal to be on a leash or tether.
Request for Comments
This interim statement of enforcement
priorities reflects the Department’s
current view of where to focus its
limited resources with respect to service
animal issues, given airlines recently
announced service animal policies. In
appropriate cases, the Enforcement
Office may take enforcement action
against carriers for violations that are
not described in this interim statement.
The Department solicits comment on
the effects and implications of adopting
these enforcement priorities. The
comment period will remain open for 15
days after publication in the Federal
Register. Late-received comments will
be considered to the extent practicable.
After the close of the comment period,
the Department will issue a final
statement of enforcement priorities.
Comments relating to amending the
Department’s disability regulation
should be directed to the ANPRM
docket: DOT–OST–2018–0067.
6 See letter dated March 22, 2010 from the
Department’s Office of Aviation Enforcement and
Proceedings stating that the office ‘‘has long
interpreted this provision to mean that, in general,
service animals should be transported in the cabin
free of restraining devices while accompanying
users at their seats in accordance with applicable
safety requirements, and prohibits carriers from
otherwise mandating conditions or restrictions not
stated in section 382.117.’’ DOT–OST–2008–0272–
0091 at https://www.regulations.gov/
document?D=DOT-OST-2008-0272-0091.
PO 00000
Frm 00033
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23807
Issued this 9th day of May, 2018, in
Washington, DC.
Blane A. Workie,
Assistant General Counsel for Aviation
Enforcement and Proceedings, U.S.
Department of Transportation.
[FR Doc. 2018–10814 Filed 5–22–18; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 385
[Docket No. RM18–7–000; Order No. 846]
Withdrawal of Pleadings
Federal Energy Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The Commission adopts a
more accurate title of ‘‘Withdrawal of
pleadings (Rule 216),’’ for Rule 216 of
the Commission’s Rules of Practice and
Procedure. The Commission also
clarifies the text of the Rule.
DATES: This rule is effective June 22,
2018.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Vince Mareino, 888 First Street NE,
Washington, DC 20426, (202) 502–6167,
Vince.Mareino@ferc.gov.
SUPPLEMENTARY INFORMATION:
Order No. 846
Final Rule
(Issued May 17, 2018)
1. In this Final Rule, as proposed in
its Notice of Proposed Rulemaking,1 the
Commission revises the title and text of
Rule 216 of the Commission’s Rules of
Practice and Procedure, 18 CFR 385.216.
The Commission adopts the more
accurate title of ‘‘Withdrawal of
pleadings (Rule 216).’’ The Commission
also clarifies the text of the Rule.
I. Discussion
2. The Commission shall implement
two changes to Rule 216. First, the
preexisting title may confuse some
readers by implying that Rule 216
governs the withdrawal of tariff or rate
filings, which are instead governed by
separate regulations.2 Thus, the
Commission revises the title from
‘‘Withdrawal of pleadings and tariff or
1 Withdrawal of Pleadings, 83 FR 8019 (February
23, 2018), 162 FERC ¶ 61,111 (2018) (NOPR).
2 E.g., 18 CFR 35.17, 154.205, 284.123, 341.13
(2017).
E:\FR\FM\23MYR1.SGM
23MYR1
23808
Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations
rate filings (Rule 216)’’ to ‘‘Withdrawal
of pleadings (Rule 216).’’
3. Second, the Commission revises the
first sentence of Rule 216(a) to read,
‘‘Any person may seek to withdraw its
pleading by filing a notice of
withdrawal.’’ This change clarifies that
it is the person who has submitted a
pleading that may withdraw that
pleading. The Commission also makes a
conforming change, to refer to ‘‘person’’
rather than ‘‘party,’’ in Rule 216(c).
4. The Commission received one
comment, from A. Hewitt Rose III, an
attorney who practices before the
Commission. Mr. Rose generally
supports the proposed rule but objects
to the use of the word ‘‘its’’ in the
phrase, ‘‘Any person may seek to
withdraw its pleading by filing a notice
of withdrawal.’’ Mr. Rose argues that
‘‘it’’ is not necessarily the correct
pronoun for the word ‘‘person,’’ which
refers not only to legal entities but also
to natural persons. Mr. Rose notes,
however, that the best replacement
pronoun, ‘‘their,’’ is not universally
recognized as the correct pronoun for a
singular subject. Therefore, Mr. Rose
proposes adjusting the sentence so that
‘‘it’’ refers to the pleading, not the
person: ‘‘Any person that filed a
pleading may seek to withdraw it by
filing a notice of withdrawal.’’ We
accept Mr. Rose’s proposal, which
serves the Commission’s goal of
developing a clear and concise set of
Rules of Practice and Procedure, and we
revise Rule 216(a) accordingly.
II. Regulatory Requirements
daltland on DSKBBV9HB2PROD with RULES
A. Information Collection Statement
5. Review by the Office of
Management and Budget, pursuant to
section 3507(d) of the Paperwork
Reduction Act of 1995, is not required
since this Final Rule does not contain
new or modified information collection
or recordkeeping requirements.
B. Environmental Analysis
6. 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.3 Section 380.4(a)(1) of the
Commission’s regulations exempts
certain actions from the requirement
that an Environmental Analysis or
Environmental Impact Statement be
prepared.4 Included is an exemption for
procedural actions. As this Final Rule
3 Regulations Implementing National
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987) (crossreferenced at 41 FERC ¶ 61,284).
4 18 CFR 380.4(a)(1) (2017).
VerDate Sep<11>2014
16:18 May 22, 2018
Jkt 244001
falls within that exemption, issuance of
the Final Rule does not represent a
major federal action having a significant
adverse effect on the human
environment under the Commission’s
regulations implementing the National
Environmental Policy Act, and, thus,
does not require an Environmental
Analysis or Environmental Impact
Statement.
C. Regulatory Flexibility Act Analysis
7. The Regulatory Flexibility Act of
1980 (RFA) 5 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. This Final
Rule concerns clarifications to agency
procedure. The Commission certifies
that the proposed clarifications will not
have a significant economic impact
upon a substantial number of small
entities in Commission proceedings
and, therefore, an analysis under the
RFA is not required.
D. Document Availability
8. 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.
9. 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.
10. User assistance is available for
eLibrary and the Commission’s website
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.
E. Effective Date and Congressional
Notification
11. These regulations are effective
June 22, 2018. The Commission has
determined, with the concurrence of the
Administrator of the Office of
55
PO 00000
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.
List of Subjects in 18 CFR Part 385
Electric power rates, Electric power,
Reporting and recordkeeping
requirements.
By the Commission.
Issued: May 17, 2018.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the
Commission hereby amends part 385,
chapter I, title 18, Code of Federal
Regulations, as follows:
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.
717–717w, 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); 28 U.S.C. 2461 note (1990); 28 U.S.C.
2461 note (2015).
2. In § 385.216, revise the section
heading and paragraphs (a) and (c) to
read as follows:
■
§ 385.216
216).
Withdrawal of pleadings (Rule
*
*
*
*
*
(a) Filing. Any person that filed a
pleading may seek to withdraw it by
filing a notice of withdrawal. The
procedures provided in this section do
not apply to withdrawals of tariff or rate
filings, which may be withdrawn only
as provided in the regulations under
this chapter.
*
*
*
*
*
(c) Conditional withdrawal. In order
to prevent prejudice to other
participants, a decisional authority may,
on motion or otherwise, condition the
withdrawal of any pleading upon a
requirement that the withdrawing
person leave material in the record or
otherwise make material available to
other participants.
[FR Doc. 2018–11045 Filed 5–22–18; 8:45 am]
BILLING CODE 6717–01–P
U.S.C. 601–12 (2012).
Frm 00034
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23MYR1
]]>Agencies
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23807-23808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11045]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 385
[Docket No. RM18-7-000; Order No. 846]
Withdrawal of Pleadings
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission adopts a more accurate title of ``Withdrawal of
pleadings (Rule 216),'' for Rule 216 of the Commission's Rules of
Practice and Procedure. The Commission also clarifies the text of the
Rule.
DATES: This rule is effective June 22, 2018.
FOR FURTHER INFORMATION CONTACT: Vince Mareino, 888 First Street NE,
Washington, DC 20426, (202) 502-6167, [email protected].
SUPPLEMENTARY INFORMATION:
Order No. 846
Final Rule
(Issued May 17, 2018)
1. In this Final Rule, as proposed in its Notice of Proposed
Rulemaking,\1\ the Commission revises the title and text of Rule 216 of
the Commission's Rules of Practice and Procedure, 18 CFR 385.216. The
Commission adopts the more accurate title of ``Withdrawal of pleadings
(Rule 216).'' The Commission also clarifies the text of the Rule.
---------------------------------------------------------------------------
\1\ Withdrawal of Pleadings, 83 FR 8019 (February 23, 2018), 162
FERC ] 61,111 (2018) (NOPR).
---------------------------------------------------------------------------
I. Discussion
2. The Commission shall implement two changes to Rule 216. First,
the preexisting title may confuse some readers by implying that Rule
216 governs the withdrawal of tariff or rate filings, which are instead
governed by separate regulations.\2\ Thus, the Commission revises the
title from ``Withdrawal of pleadings and tariff or
[[Page 23808]]
rate filings (Rule 216)'' to ``Withdrawal of pleadings (Rule 216).''
---------------------------------------------------------------------------
\2\ E.g., 18 CFR 35.17, 154.205, 284.123, 341.13 (2017).
---------------------------------------------------------------------------
3. Second, the Commission revises the first sentence of Rule 216(a)
to read, ``Any person may seek to withdraw its pleading by filing a
notice of withdrawal.'' This change clarifies that it is the person who
has submitted a pleading that may withdraw that pleading. The
Commission also makes a conforming change, to refer to ``person''
rather than ``party,'' in Rule 216(c).
4. The Commission received one comment, from A. Hewitt Rose III, an
attorney who practices before the Commission. Mr. Rose generally
supports the proposed rule but objects to the use of the word ``its''
in the phrase, ``Any person may seek to withdraw its pleading by filing
a notice of withdrawal.'' Mr. Rose argues that ``it'' is not
necessarily the correct pronoun for the word ``person,'' which refers
not only to legal entities but also to natural persons. Mr. Rose notes,
however, that the best replacement pronoun, ``their,'' is not
universally recognized as the correct pronoun for a singular subject.
Therefore, Mr. Rose proposes adjusting the sentence so that ``it''
refers to the pleading, not the person: ``Any person that filed a
pleading may seek to withdraw it by filing a notice of withdrawal.'' We
accept Mr. Rose's proposal, which serves the Commission's goal of
developing a clear and concise set of Rules of Practice and Procedure,
and we revise Rule 216(a) accordingly.
II. Regulatory Requirements
A. Information Collection Statement
5. Review by the Office of Management and Budget, pursuant to
section 3507(d) of the Paperwork Reduction Act of 1995, is not required
since this Final Rule does not contain new or modified information
collection or recordkeeping requirements.
B. Environmental Analysis
6. 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.\3\ Section
380.4(a)(1) of the Commission's regulations exempts certain actions
from the requirement that an Environmental Analysis or Environmental
Impact Statement be prepared.\4\ Included is an exemption for
procedural actions. As this Final Rule falls within that exemption,
issuance of the Final Rule does not represent a major federal action
having a significant adverse effect on the human environment under the
Commission's regulations implementing the National Environmental Policy
Act, and, thus, does not require an Environmental Analysis or
Environmental Impact Statement.
---------------------------------------------------------------------------
\3\ Regulations Implementing National Environmental Policy Act
of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987) (cross-
referenced at 41 FERC ] 61,284).
\4\ 18 CFR 380.4(a)(1) (2017).
---------------------------------------------------------------------------
C. Regulatory Flexibility Act Analysis
7. The Regulatory Flexibility Act of 1980 (RFA) \5\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
This Final Rule concerns clarifications to agency procedure. The
Commission certifies that the proposed clarifications will not have a
significant economic impact upon a substantial number of small entities
in Commission proceedings and, therefore, an analysis under the RFA is
not required.
---------------------------------------------------------------------------
\5\ 5 U.S.C. 601-12 (2012).
---------------------------------------------------------------------------
D. Document Availability
8. 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.
9. 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.
10. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 866-208-3676) or email at
[email protected], or the Public Reference Room at 202-502-
8371, TTY 202-502-8659. Email the Public Reference Room at
[email protected].
E. Effective Date and Congressional Notification
11. These regulations are effective June 22, 2018. 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.
List of Subjects in 18 CFR Part 385
Electric power rates, Electric power, Reporting and recordkeeping
requirements.
By the Commission.
Issued: May 17, 2018.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission hereby 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. 717-717w, 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); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).
0
2. In Sec. 385.216, revise the section heading and paragraphs (a) and
(c) to read as follows:
Sec. 385.216 Withdrawal of pleadings (Rule 216).
* * * * *
(a) Filing. Any person that filed a pleading may seek to withdraw
it by filing a notice of withdrawal. The procedures provided in this
section do not apply to withdrawals of tariff or rate filings, which
may be withdrawn only as provided in the regulations under this
chapter.
* * * * *
(c) Conditional withdrawal. In order to prevent prejudice to other
participants, a decisional authority may, on motion or otherwise,
condition the withdrawal of any pleading upon a requirement that the
withdrawing person leave material in the record or otherwise make
material available to other participants.
[FR Doc. 2018-11045 Filed 5-22-18; 8:45 am]
BILLING CODE 6717-01-P
