Computation of Time During Emergencies, 3982-3983 [2019-02343]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Rules and Regulations]
[Pages 3982-3983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02343]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM19-8-000; Order No. 854]


Computation of Time During Emergencies

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission or 
Agency) is amending its Rules of Practice and Procedure to update its 
provisions regarding the computation of time. This final rule will 
modify the Commission's regulations to cover situations in which the 
Commission is closed due to adverse conditions--including inclement 
weather--even though some official duties may continue through 
telework-ready employees. This change will prevent unintended 
Commission action by operation of law and will provide clarity as to 
filing deadlines and deadlines for action by the Commission.

DATES: The rule will become effective February 14, 2019.

FOR FURTHER INFORMATION CONTACT: Mark Hershfield, Office of the General 
Counsel, 888 First Street NE, Washington, DC 20426, (202) 502-8597, 
mark.hershfield@ferc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    1. By this final rule, the Federal Energy Regulatory Commission 
(Commission or agency) is amending 18 CFR 385.2007 (Rule 2007) to cover 
the computation of time in situations in which the Commission is closed 
due to adverse conditions--including inclement weather--even though 
some official duties may be performed by telework-ready employees. This 
rule prevents unintended Commission action by operation of law and 
provides clarity as to filing deadlines and deadlines for action by the 
Commission. The rule imposes no new obligations on the public and is 
consistent with prior procedure for computing time.

II. Background

    2. The Commission's regulations address computing periods of time 
prescribed or allowed by statute or Commission rule or order. For many 
years, under Rule 2007, the last day of a time period is not counted if 
that day is a Saturday, Sunday, ``part-day holiday that affects the 
Commission, or legal public holiday.'' \1\ In December 2003, the 
Commission issued Emergency Closures,\2\ which added a provision to 
Rule 2007 to address the computation of time during closure of the 
Commission due to weather or other adverse conditions.
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    \1\ 18 CFR 385.2007(a)(2) (2018) (Rule 2007).
    \2\ Order No. 645, 105 FERC ] 61,296 (2003).
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    3. On April 10, 2018, the Office of Personnel Management (OPM) 
issued its final regulation implementing the weather and safety leave 
provisions of the Administrative Leave Act of 2016.\3\ Under OPM's 
regulations, Agencies may only grant weather and safety leave when it 
is determined that, because of severe weather or another emergency 
situation, employees cannot safely travel to or from, or perform work 
at, their normal worksite, a telework site, or other approved 
location.\4\ OPM's regulations further require that employees that are 
telework-ready continue to perform official duties, even though Federal 
offices are closed due to severe weather or another emergency 
situation.\5\
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    \3\ Public Law 114-328, 130 Stat. 2000 (December 23, 2016) 
(enacted under section 1138 of the National Defense Authorization 
Act for Fiscal Year 2017).
    \4\ See 5 CFR 630.1603, et al.
    \5\ Id. For example, due to inclement weather on January 14, 
2019, OPM announced that ``FEDERAL OFFICES in the Washington, DC 
area are CLOSED. Emergency employees and telework employees continue 
to work.''
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III. Discussion

    4. The timeframes for certain Commission action, including actions 
on certain rate proposals filed by natural gas pipeline companies, oil 
pipeline companies, and public utilities, are set by statute.\6\ 
Although the Commission does not have the authority to change such 
statutory deadlines, the Commission has the authority to determine how 
such deadlines are computed.\7\ For example, as noted above, under Rule 
2007, the last day of a time period is not counted if that day is a 
Saturday, Sunday, part-day holiday that affects the Commission, legal 
public holiday, or a day on which the Commission closes due to adverse 
conditions and does not reopen prior to its official close of 
business.\8\
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    \6\ See, e.g., 16 U.S.C. 824d (2012) (Federal Power Act) (60 
days); 15 U.S.C. 717c (2012) (Natural Gas Act) (30 days); 49 App. 
U.S.C. 6(3) (Interstate Commerce Act) (30 days).
    \7\ See Emergency Closures, Order No. 645, 105 FERC ] 61,296, at 
P. 2 (citing Tennessee Gas Pipeline Co., 95 FERC ] 61,169 
(Commission may not extend 30-day rehearing deadline, although it 
can provide rules for computing time)), aff'd sub nom. Londonderry 
Neighborhood Coalition v. FERC, 273 F.3d 416 (1st Cir. 2001).
    \8\ 18 CFR 385.2007 (2018).
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    The Commission is amending Rule 2007 to implement the weather and 
safety leave provisions of the Administrative Leave Act of 2016 whereby 
the Commission is closed due to adverse conditions, including inclement 
weather or another emergency situation, even though telework ready 
employees may continue performing some official duties.
    5. In such circumstances, employee and public access to the 
Commission's physical facilities may be restricted, not all employees 
may be telework-ready, and not all telework-ready employees may be able 
to telework due to the adverse conditions.\9\ The Commission's ability 
to accept filings and issue orders thus may be affected when the 
Commission's facilities are closed due to adverse conditions. Likewise, 
when the Commission's facilities are closed due to adverse conditions, 
the public's ability to submit a filing on the last day on which a 
filing is due may also be restricted. As such, the same justification 
on which the Commission relied to implement Rule 2007, and later to 
amend Rule 2007 to address emergency circumstances, is equally 
applicable to instances in which the Commission is closed, but 
employees continue some official duties through telework.
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    \9\ See Governmentwide Dismissal and Closure Procedures, Office 
of Personnel Management, December 2015, https://www.opm.gov/policy-data-oversight/pay-leave/reference-materials/handbooks/dcdismissal.pdf.
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    6. Furthermore, 18 CFR 385.2007(a)(2) only addresses the ``last day 
of any time period,'' and this final rule only addresses the 
computation instances in which the Commission is closed on the last day 
of a time period. This final rule also does not change the computation 
of time in instances when the Commission is closed for part of the day, 
but reopens prior to the official close of business.

[[Page 3983]]

IV. Information Collection Statement

    7. Office of Management and Budget (OMB) regulations require 
approval of certain information collection requirements imposed by 
agency rule.\10\ This final rule does not contain any information 
collection requirements. Therefore, compliance with OMB regulations is 
not required.
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    \10\ 5 CFR part 1320 (2018).
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V. 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.\11\ 
Issuance of this 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 of 1969. Part 380 of the Commission's regulations lists categorical 
exemptions to the requirement to draft an Environmental Analysis or 
Environmental Impact Statement. Included is an exemption for 
procedural, ministerial, or internal administrative actions.\12\ This 
rulemaking is exempt under that provision.
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    \11\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 
] 30,783 (1987).
    \12\ 18 CFR 380.4(a)(5) (2018).
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VI. Regulatory Flexibility Act

    9. The Regulatory Flexibility Act of 1980 (RFA) \13\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
This final rule concerns an interpretation of current Commission 
regulations and practices. The Commission certifies that it will not 
have a significant economic impact upon participants in Commission 
proceedings. An analysis under the RFA is not required.
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    \13\ 5 U.S.C. 601-12 (2012).
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VII. Document Availability

    10. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
internet through the Commission's Home Page (https://www.ferc.gov) and 
in the Commission's Public Reference Room during normal business hours 
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A, 
Washington, DC 20426.
    11. From the Commission's Home Page on the internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    12. 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 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.

VIII. Effective Date

    13. These regulations are effective immediately upon issuance. In 
accordance with 5 U.S.C. 553(d)(3), the Commission finds that good 
cause exists to make this final rule effective immediately. The final 
rule is intended to act as a contingency measure in order to preserve, 
rather than alter, the rights of persons appearing before the 
Commission. Therefore, there is no reason to make it effective at a 
later date. The provisions of 5 U.S.C. 801 regarding Congressional 
review of final rules do not apply to this final rule, because the rule 
concerns Agency procedure and practice and will not substantially 
affect the rights of non-Agency parties.
    14. The Commission is issuing this rule as a final rule without a 
period for public comment. Under 5 U.S.C. 553(b)(3)(A), notice and 
comment procedures are unnecessary for ``rules of agency organization, 
procedure, or practice.'' This final rule is directed at improving the 
efficient and effective operations of the Commission, not toward a 
determination of the rights or interests of affected parties. The final 
rule will not significantly affect regulated entities or the general 
public.

List of Subjects in 18 CFR Part 385

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

    By the Commission.

    Issued: February 8, 2019.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission amends part 385, 
chapter 2, title 18, Code of Federal Regulations, as follows:

PART 385--ADMINISTRATIVE PRACTICE AND PROCEDURE

0
1. The authority citation for part 385 is revised to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C. 791a-825r, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 
42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85.


0
2. Section 385.2007(a)(2) is revised to read as follows:


Sec.  385.2007   Time (Rule 2007).

    (a) * * *
    (2) The last day of any time period is included in the time period, 
unless it is a Saturday; Sunday; a day on which the Commission closes 
due to adverse conditions and does not reopen prior to its official 
close of business, even though some official duties may continue 
through telework-ready employees; part-day holiday that affects the 
Commission; or legal public holiday as designated in section 6103 of 
title 5, U.S. Code. In each case the period does not end until the 
close of the Commission business of the next day which is not a 
Saturday; Sunday; a day on which the Commission closes due to adverse 
conditions and does not reopen prior to its official close of business 
even though some official duties may continue through telework-ready 
employees; part-day holiday that affects the Commission; or legal 
public holiday.
* * * * *
[FR Doc. 2019-02343 Filed 2-13-19; 8:45 am]
 BILLING CODE 6717-01-P