Formal Requirements for Filings in Proceedings Before the Commission, 46438-46440 [2019-18950]
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46438
Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2019–0347; Airspace
Docket No. 19–AEA–6]
RIN 2120–AA66
Correction to Final Rule
Establishment of Class E Airspace;
Endicott, NY; Correction
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
This action corrects a final
rule published in the Federal Register
on July 23, 2019, establishing Class E
airspace for Tri-Cities Airport, Endicott,
NY, by correcting the airport’s name in
the legal description. The ‘dash’ was
inadvertently omitted from the airport
name in the body of the legal
description.
SUMMARY:
Effective 0901 UTC, October 10,
2019. The Director of the Federal
Register approves this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Ave,
College Park, GA 30337; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
DATES:
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History
The FAA published a final rule in the
Federal Register (84 FR 35290, July 23,
2019) for Doc. No. FAA–2019–0347,
establishing Class E airspace extending
upward from 700 feet or more above the
surface at Tri-Cities Airport, Endicott,
NY. Subsequent to publication, the FAA
found that the dash was omitted from
Tri-Cities Airport in the body of the
legal description. This action corrects
the error.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11C dated August 13, 2018,
and effective September 15, 2018, which
is incorporated by reference in 14 CFR
part 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11C, Airspace Designations and
16:38 Sep 03, 2019
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Accordingly, pursuant to the authority
delegated to me, in the Federal Register
of July 23, 2019 (84 FR 35290) FR Doc.
2019–15525, the establishment of Class
E Airspace for Tri-Cities, Endicott, NY
is corrected as follows:
■
AGENCY:
VerDate Sep<11>2014
Reporting Points, dated August 13,
2018, and effective September 15, 2018.
FAA Order 7400.11C is publicly
available as listed in the ADDRESSES
section of this document. FAA Order
7400.11C lists Class A, B, C, D, and E
airspace areas, air traffic service routes,
and reporting points.
§ 71.1
[Amended]
AEA NY E5 Endicott, NY [Corrected]
Tri-Cities Airport, NY
(Lat. 42°4′43″ N, long. 76°5′47″ W)
That airspace extending upward from 700
feet above the surface within an 8-mile radius
of Tri-Cities Airport.
Issued in College Park, Georgia, on August
26, 2019.
Shawn Reddinger,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2019–18969 Filed 9–3–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 385
[Docket No. RM19–18–000; Order No. 862]
Formal Requirements for Filings in
Proceedings Before the Commission
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule.
AGENCY:
The Federal Energy
Regulatory Commission (Commission or
FERC) amends its regulations
concerning the process for delivering
filings and submissions to the
Commission. Specifically, the
Commission’s regulations are revised to
require that filings and submissions to
be delivered to the Commission, other
than by the United States Postal Service
(USPS), are instead to be sent to the
Commission’s off-site security screening
facility. The regulations still permit
USPS mail to be sent directly to the
Commission’s headquarters.
DATES: This rule is effective November
4, 2019.
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
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Christopher Cook, Office of the
Secretary, 888 First Street NE,
Washington, DC 20426, (202) 502–8102,
christopher.cook@ferc.gov.
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. The Federal Energy Regulatory
Commission (Commission or FERC)
amends its regulations concerning the
process for submitting hardcopy filings
and submissions 1 to the Commission.2
Specifically, this final rule revises 18
CFR 385.2001(a) to require that
deliveries of filings and submissions
other than by the United States Postal
Service (USPS) are to be sent to an offsite facility for security screening and
processing.3 The regulations still permit
USPS mail to be sent directly to the
Commission’s headquarters.
II. Background
2. The Government Accounting Office
(GAO) has issued a report indicating
that, since the fall of 2001, the rate of
incidents involving threats via the mail
has increased ‘‘due in part to hoaxes
and concerns about leakages from mail
that had previously been routinely
handled.’’ 4 More recently, in October
2018, package bombs sent to politicians
and newsrooms prompted many
organizations to assess mail screening
and security procedures to reduce
vulnerabilities.5 The GAO report
concluded that ‘‘[m]ail continues to be
a potential venue’’ for threats and that
‘‘[p]reparation involves having the
procedures, plans, and training in
place.’’ 6 Further, the U.S. Department of
Homeland Security (DHS) recommends
that deliveries submitted to agencies
should be ‘‘received, screened, sorted,
1 While the current version of 18 CFR 385.2001
addresses filings submitted to the Commission, the
revisions herein clarify that the subsection applies
to other forms of correspondence sent to the
Commission.
2 See 18 CFR 385.2001.
3 Non-USPS carriers include, for example, FedEx,
DHL, and United Parcel Service.
4 See U.S. Government Accountability Office,
Mail Security: Incidents at DOD Mail Facilities
Exposed Problems That Require Further Actions
(Sept. 2006), at 5, https://www.gao.gov/assets/260/
251532.pdf [GAO Report].
5 See Gregory Korte, John Bacon, and Jorge L.
Ortiz, Suspicious Packages Prompt Nationwide
Security Response, USA Today (Oct. 24, 2018),
https://www.usatoday.com/story/news/nation/
2018/10/24/suspicious-packages-mail-securityresponse-obama-clinton-holder-soros-cnn/
1751077002/ (Last visited July 17, 2019).
6 GAO Report at 41; see also 41 CFR 102–
192.70(a) (providing that agencies should have a
mail security policy that applies to their mail
management programs).
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Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Rules and Regulations
and prepared for delivery’’ at an offsite
facility.7
3. The Commission has reviewed its
protocols on hardcopy/hand-delivered
submissions to the agency. The
Commission’s regulations currently
provide that filers should send hardcopy submissions directly to the
Commission’s principal office, which is
located at 888 First Street NE,
Washington, DC 20426.8 Upon review,
the Commission has determined that
sending hard-copy/hand-delivered
submissions to an off-site facility for
security screening and processing, prior
to being delivered to the Commission’s
principal office, would better protect the
safety of the Commission, its employees,
and the public.
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III. Discussion
4. The purpose of this final rule is to
protect the general public and
Commission employees from potential
security risks related to hardcopy/handdelivered submissions. Revising the
Commission’s procedures to have
hardcopy/hand-delivered submissions
delivered to an off-site facility for
security screening, before delivery to the
Commission, acknowledges the findings
in the GAO Report and comports with
the recommendation from DHS.9
5. Accordingly, this final rule amends
the Commission’s regulations to provide
that members of the public are required
to send hardcopy submissions, other
than those sent through USPS, to an offsite facility at 12225 Wilkins Avenue,
Rockville, Maryland 20852. Handdeliveries can be provided to the off-site
facility in-person (by the filing entity or
its designee) during the hours of 7:00
a.m. to 3:30 p.m.10 The off-site facility
will sort, screen, and prepare the filings
and submissions for delivery to the
Commission. Filings and submissions
sent though USPS can continue to be
mailed to the Commission’s principal
office in Washington, DC because USPS
has existing ‘‘security, screening, and
control processes’’ that comply with
DHS best practices.11
7 See U.S. Department of Homeland Security, Best
Practices for Managing Mail Screening and
Handling Processes: A Guide for the Public and
Private Sectors, at 17 (Sept. 2012) https://
www.dhs.gov/sites/default/files/publications/iscmail-handling-screening-nonfouo-sept-2012508.pdf. [DHS Best Practices].
8 See 18 CFR 385.2001(a).
9 See DHS Best Practices at 17.
10 The current regulations provide that all filings
should be made to the Commission’s headquarters.
Filings that are directed to the regional offices
should continue to be submitted in accordance with
current procedures or as directed.
11 DHS Best Practices at 11; see also Alex
Dobuzinskis, Screening for Poisons, Explosives in
Mail a Daily Reality After U.S. Threats, Reuters
(Oct. 3, 2018) (USPS ‘‘has developed a
VerDate Sep<11>2014
16:38 Sep 03, 2019
Jkt 247001
6. The revisions adopted here will not
affect the public’s ability to make timely
filings. As an initial matter, this final
rule does not change the process for
submitting electronic filings with the
Commission. Unless a hardcopy filing
or submission is required, the public is
strongly encouraged to submit filings
and submissions electronically, through
the Commission’s eFiling application, at
https://www.ferc.gov/.12 For deliveries
and documents sent through means
other than USPS, those filings and
submissions will be considered
‘‘received’’ by the off-site facility. The
off-site facility will log all deliveries
when received and will provide the
Commission with the log so that the
documents may be stamped
appropriately and recorded by the
Commission as received on that date,
consistent with the date and time on the
log.
7. The Commission’s principal office
for business and its headquarters
address will remain 888 First Street NE,
Washington, DC 20426.13 After this rule
becomes effective, however,
Commission staff at headquarters will
no longer accept deliveries and
hardcopy filings sent through carriers
other than USPS. As noted above, for
security reasons, deliveries to the
Commission’s headquarters other than
by USPS will be rejected. Such filings
and submissions would not be
considered received until re-submitted
in accordance with the revisions
adopted herein.
IV. Information Collection Statement
8. The Office of Management and
Budget (OMB) approves certain
information collection requirements
imposed by agency rule.14 However,
this final rule does not contain any
additional information collection
requirements. Therefore, compliance
with OMB’s regulations is not required.
V. Environmental Analysis
9. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
comprehensive approach to protecting the mail
system by utilizing a targeted strategy of specialized
technology, screening protocols and employee
training.’’).
12 See 18 CFR 385.2001(a)(1)(iii). Other agencies
have also urged the public to use electronic filing.
See 17 CFR 232.14 (providing that the Securities
and Exchange Commission will not accept paper
filings for certain submission unless an exemption
is provided).
13 42 U.S.C. 7171(h) (providing that ‘‘[t]he
principal office of the Commission shall be in or
near the District of Columbia, where its general
sessions shall be held . . .’’).
14 5 CFR 1320.12.
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46439
significant adverse effect on the human
environment.15
10. Part 380 of the Commission’s
regulations lists exemptions to the
requirement to draft an Environmental
Analysis or Environmental Impact
Statement. Included is an exemption for
procedural, ministerial, or internal
administrative actions.16 Accordingly,
this rulemaking is exempt from the
requirement to draft such documents
under that provision.
VI. Regulatory Flexibility Act
11. The Regulatory Flexibility Act of
1980 (RFA) 17 generally requires a
description and analysis of final rules
that will have a significant economic
impact on a substantial number of small
entities. This final rule concerns a
modification 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 therefore not required.
VII. Document Availability
12. 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.
13. 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.
14. 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.
15 Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR
47897, FERC Stats. & Regs. ¶ 30,783 (Dec. 17, 1987).
16 18 CFR 380.4(a)(1).
17 5 U.S.C. 601–12.
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Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Rules and Regulations
VIII. Effective Date
15. 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
rulemaking procedures are unnecessary
for ‘‘rules of agency organization,
procedure, or practice.’’ This rule is
therefore exempt from notice-andcomment rulemaking procedures,
because it concerns the Commission’s
mail procedures and practices. In
particular, the rule is directed at
improving the safety of the Commission,
its employees, and the public, not
toward a determination of the rights or
interests of affected parties. The rule
will not significantly affect regulated
entities or the general public.
16. This rule is effective November 4,
2019.
List of subjects in 18 CFR Part 385
Administrative practice and
procedure, Electric power. Penalties,
Pipelines, Reporting and recordkeeping
requirements.
By the Commission.
Issued: August 28, 2019.
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
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 § 385.2001, the section heading
and paragraphs (a)(1)(i) and (ii) are
revised to read as follows:
■
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§ 385.2001
(a) * * *
(1) * * *
(i) Mailing the document through the
United States Postal Service to the
Secretary, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426;
(ii) Delivering the document by any
source other than United States Postal
Service to the Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852; or
*
*
*
*
*
BILLING CODE 6717–01–P
VerDate Sep<11>2014
18:31 Sep 03, 2019
Jkt 247001
Internal Revenue Service
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
■
26 CFR Part 301
Authority: 26 U.S.C. 7805.
[TD 9839]
*
*
*
*
*
Par. 2. Section 301.6223–1 is
amended by revising the fifth sentence
of paragraph (e)(1) to read as follows:
RIN 1545–BN33
■
Partnership Representative Under the
Centralized Partnership Audit Regime
and Election To Apply the Centralized
Partnership Audit Regime; Correcting
Amendment
§ 301.6223–1
Internal Revenue Service (IRS),
Treasury.
AGENCY:
ACTION:
Correcting amendments.
This document contains
corrections to Treasury Decision 9839,
which was published in the Federal
Register for Thursday, August 9, 2018.
Treasury Decision 9839 contains final
regulations regarding the designation
and authority of the partnership
representative under the centralized
partnership audit regime, which was
enacted into law on November 2, 2015
by section 1101 of the Bipartisan Budget
Act of 2015 (BBA).
SUMMARY:
These regulations are effective
September 4, 2019 and applicable
August 9, 2018.
DATES:
FOR FURTHER INFORMATION CONTACT:
Partnership representative.
*
*
*
*
*
(e) * * *
(1) * * * No later than 30 days after
the IRS receives a written notification of
revocation submitted at the time
described in paragraph (e)(2)(i) of this
section, the IRS will send written
confirmation of receipt of the written
notification to the partnership, the
revoked partnership representative or,
in the case of a revocation of only the
appointment of a designated individual,
to the revoked designated individual,
and to the newly designated partnership
representative. * * *
*
*
*
*
*
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2019–19059 Filed 9–3–19; 8:45 am]
BILLING CODE 4830–01–P
Joy
E. Gerdy Zogby of the Office of
Associate Chief Counsel (Procedure and
Administration), (202) 317–4927 (not
toll-free numbers).
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
SUPPLEMENTARY INFORMATION:
31 CFR Part 582
Background
Nicaragua Sanctions Regulations
The final regulations (TD 9839) that
are the subject of this correction are
under section 1101 of the Internal
Revenue Code.
AGENCY:
As published August 9, 2018 (83 FR
39331), the final regulation and removal
of temporary regulations (TD 9839; FR
Doc. 2018–17002) contained errors that
may prove misleading and therefore
need to be corrected.
List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recordkeeping
requirements.
Correction of Publication
Accordingly, 26 CFR part 301 is
corrected by making the following
correcting amendments:
PO 00000
Frm 00022
Fmt 4700
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is adding regulations to
implement Executive Order 13851 of
November 27, 2018 (‘‘Blocking Property
of Certain Persons Contributing to the
Situation in Nicaragua’’). OFAC intends
to supplement these regulations with a
more comprehensive set of regulations,
which may include additional
interpretive and definitional guidance,
general licenses, and statements of
licensing policy.
DATES: Effective: September 4, 2019.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
tel.: 202–622–2480; Assistant Director
for Regulatory Affairs, tel.: 202–622–
4855; or Assistant Director for Sanctions
SUMMARY:
Need for Correction
Filings and Other Submissions.
[FR Doc. 2019–18950 Filed 9–3–19; 8:45 am]
DEPARTMENT OF THE TREASURY
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Agencies
[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Rules and Regulations]
[Pages 46438-46440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18950]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 385
[Docket No. RM19-18-000; Order No. 862]
Formal Requirements for Filings in Proceedings Before the
Commission
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission or FERC)
amends its regulations concerning the process for delivering filings
and submissions to the Commission. Specifically, the Commission's
regulations are revised to require that filings and submissions to be
delivered to the Commission, other than by the United States Postal
Service (USPS), are instead to be sent to the Commission's off-site
security screening facility. The regulations still permit USPS mail to
be sent directly to the Commission's headquarters.
DATES: This rule is effective November 4, 2019.
FOR FURTHER INFORMATION CONTACT:
Christopher Cook, Office of the Secretary, 888 First Street NE,
Washington, DC 20426, (202) 502-8102, [email protected].
Mark Hershfield, Office of the General Counsel, 888 First Street
NE, Washington, DC 20426, (202) 502-8597, [email protected]./
SUPPLEMENTARY INFORMATION:
I. Introduction
1. The Federal Energy Regulatory Commission (Commission or FERC)
amends its regulations concerning the process for submitting hardcopy
filings and submissions \1\ to the Commission.\2\ Specifically, this
final rule revises 18 CFR 385.2001(a) to require that deliveries of
filings and submissions other than by the United States Postal Service
(USPS) are to be sent to an off-site facility for security screening
and processing.\3\ The regulations still permit USPS mail to be sent
directly to the Commission's headquarters.
---------------------------------------------------------------------------
\1\ While the current version of 18 CFR 385.2001 addresses
filings submitted to the Commission, the revisions herein clarify
that the subsection applies to other forms of correspondence sent to
the Commission.
\2\ See 18 CFR 385.2001.
\3\ Non-USPS carriers include, for example, FedEx, DHL, and
United Parcel Service.
---------------------------------------------------------------------------
II. Background
2. The Government Accounting Office (GAO) has issued a report
indicating that, since the fall of 2001, the rate of incidents
involving threats via the mail has increased ``due in part to hoaxes
and concerns about leakages from mail that had previously been
routinely handled.'' \4\ More recently, in October 2018, package bombs
sent to politicians and newsrooms prompted many organizations to assess
mail screening and security procedures to reduce vulnerabilities.\5\
The GAO report concluded that ``[m]ail continues to be a potential
venue'' for threats and that ``[p]reparation involves having the
procedures, plans, and training in place.'' \6\ Further, the U.S.
Department of Homeland Security (DHS) recommends that deliveries
submitted to agencies should be ``received, screened, sorted,
[[Page 46439]]
and prepared for delivery'' at an offsite facility.\7\
---------------------------------------------------------------------------
\4\ See U.S. Government Accountability Office, Mail Security:
Incidents at DOD Mail Facilities Exposed Problems That Require
Further Actions (Sept. 2006), at 5, https://www.gao.gov/assets/260/251532.pdf [GAO Report].
\5\ See Gregory Korte, John Bacon, and Jorge L. Ortiz,
Suspicious Packages Prompt Nationwide Security Response, USA Today
(Oct. 24, 2018), https://www.usatoday.com/story/news/nation/2018/10/24/suspicious-packages-mail-security-response-obama-clinton-holder-soros-cnn/1751077002/ (Last visited July 17, 2019).
\6\ GAO Report at 41; see also 41 CFR 102-192.70(a) (providing
that agencies should have a mail security policy that applies to
their mail management programs).
\7\ See U.S. Department of Homeland Security, Best Practices for
Managing Mail Screening and Handling Processes: A Guide for the
Public and Private Sectors, at 17 (Sept. 2012) https://www.dhs.gov/sites/default/files/publications/isc-mail-handling-screening-nonfouo-sept-2012-508.pdf. [DHS Best Practices].
---------------------------------------------------------------------------
3. The Commission has reviewed its protocols on hardcopy/hand-
delivered submissions to the agency. The Commission's regulations
currently provide that filers should send hard-copy submissions
directly to the Commission's principal office, which is located at 888
First Street NE, Washington, DC 20426.\8\ Upon review, the Commission
has determined that sending hard-copy/hand-delivered submissions to an
off-site facility for security screening and processing, prior to being
delivered to the Commission's principal office, would better protect
the safety of the Commission, its employees, and the public.
---------------------------------------------------------------------------
\8\ See 18 CFR 385.2001(a).
---------------------------------------------------------------------------
III. Discussion
4. The purpose of this final rule is to protect the general public
and Commission employees from potential security risks related to
hardcopy/hand-delivered submissions. Revising the Commission's
procedures to have hardcopy/hand-delivered submissions delivered to an
off-site facility for security screening, before delivery to the
Commission, acknowledges the findings in the GAO Report and comports
with the recommendation from DHS.\9\
---------------------------------------------------------------------------
\9\ See DHS Best Practices at 17.
---------------------------------------------------------------------------
5. Accordingly, this final rule amends the Commission's regulations
to provide that members of the public are required to send hardcopy
submissions, other than those sent through USPS, to an off-site
facility at 12225 Wilkins Avenue, Rockville, Maryland 20852. Hand-
deliveries can be provided to the off-site facility in-person (by the
filing entity or its designee) during the hours of 7:00 a.m. to 3:30
p.m.\10\ The off-site facility will sort, screen, and prepare the
filings and submissions for delivery to the Commission. Filings and
submissions sent though USPS can continue to be mailed to the
Commission's principal office in Washington, DC because USPS has
existing ``security, screening, and control processes'' that comply
with DHS best practices.\11\
---------------------------------------------------------------------------
\10\ The current regulations provide that all filings should be
made to the Commission's headquarters. Filings that are directed to
the regional offices should continue to be submitted in accordance
with current procedures or as directed.
\11\ DHS Best Practices at 11; see also Alex Dobuzinskis,
Screening for Poisons, Explosives in Mail a Daily Reality After U.S.
Threats, Reuters (Oct. 3, 2018) (USPS ``has developed a
comprehensive approach to protecting the mail system by utilizing a
targeted strategy of specialized technology, screening protocols and
employee training.'').
---------------------------------------------------------------------------
6. The revisions adopted here will not affect the public's ability
to make timely filings. As an initial matter, this final rule does not
change the process for submitting electronic filings with the
Commission. Unless a hardcopy filing or submission is required, the
public is strongly encouraged to submit filings and submissions
electronically, through the Commission's eFiling application, at
https://www.ferc.gov/.\12\ For deliveries and documents sent through
means other than USPS, those filings and submissions will be considered
``received'' by the off-site facility. The off-site facility will log
all deliveries when received and will provide the Commission with the
log so that the documents may be stamped appropriately and recorded by
the Commission as received on that date, consistent with the date and
time on the log.
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\12\ See 18 CFR 385.2001(a)(1)(iii). Other agencies have also
urged the public to use electronic filing. See 17 CFR 232.14
(providing that the Securities and Exchange Commission will not
accept paper filings for certain submission unless an exemption is
provided).
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7. The Commission's principal office for business and its
headquarters address will remain 888 First Street NE, Washington, DC
20426.\13\ After this rule becomes effective, however, Commission staff
at headquarters will no longer accept deliveries and hardcopy filings
sent through carriers other than USPS. As noted above, for security
reasons, deliveries to the Commission's headquarters other than by USPS
will be rejected. Such filings and submissions would not be considered
received until re-submitted in accordance with the revisions adopted
herein.
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\13\ 42 U.S.C. 7171(h) (providing that ``[t]he principal office
of the Commission shall be in or near the District of Columbia,
where its general sessions shall be held . . .'').
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IV. Information Collection Statement
8. The Office of Management and Budget (OMB) approves certain
information collection requirements imposed by agency rule.\14\
However, this final rule does not contain any additional information
collection requirements. Therefore, compliance with OMB's regulations
is not required.
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\14\ 5 CFR 1320.12.
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V. Environmental Analysis
9. 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\
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\15\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897, FERC Stats. & Regs. ] 30,783 (Dec.
17, 1987).
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10. Part 380 of the Commission's regulations lists exemptions to
the requirement to draft an Environmental Analysis or Environmental
Impact Statement. Included is an exemption for procedural, ministerial,
or internal administrative actions.\16\ Accordingly, this rulemaking is
exempt from the requirement to draft such documents under that
provision.
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\16\ 18 CFR 380.4(a)(1).
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VI. Regulatory Flexibility Act
11. The Regulatory Flexibility Act of 1980 (RFA) \17\ generally
requires a description and analysis of final rules that will have a
significant economic impact on a substantial number of small entities.
This final rule concerns a modification 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 therefore not required.
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\17\ 5 U.S.C. 601-12.
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VII. Document Availability
12. 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.
13. 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.
14. 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
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
[email protected].
[[Page 46440]]
VIII. Effective Date
15. 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 rulemaking procedures are unnecessary for ``rules of agency
organization, procedure, or practice.'' This rule is therefore exempt
from notice-and-comment rulemaking procedures, because it concerns the
Commission's mail procedures and practices. In particular, the rule is
directed at improving the safety of the Commission, its employees, and
the public, not toward a determination of the rights or interests of
affected parties. The rule will not significantly affect regulated
entities or the general public.
16. This rule is effective November 4, 2019.
List of subjects in 18 CFR Part 385
Administrative practice and procedure, Electric power. Penalties,
Pipelines, Reporting and recordkeeping requirements.
By the Commission.
Issued: August 28, 2019.
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. 717-717w, 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. 385.2001, the section heading and paragraphs (a)(1)(i) and
(ii) are revised to read as follows:
Sec. 385.2001 Filings and Other Submissions.
(a) * * *
(1) * * *
(i) Mailing the document through the United States Postal Service
to the Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426;
(ii) Delivering the document by any source other than United States
Postal Service to the Federal Energy Regulatory Commission, 12225
Wilkins Avenue, Rockville, Maryland 20852; or
* * * * *
[FR Doc. 2019-18950 Filed 9-3-19; 8:45 am]
BILLING CODE 6717-01-P