Custody and Authentication of Commission Records, 9661-9663 [2020-02359]
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9661
Rules and Regulations
Federal Register
Vol. 85, No. 34
Thursday, February 20, 2020
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 2
[NRC–2018–0048]
RIN 3150–AK11
Adjustment of Civil Penalties for
Inflation for Fiscal Year 2020;
Correction
Nuclear Regulatory
Commission.
ACTION: Final rule; correcting
amendment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is correcting a final
rule that appeared in the Federal
Register on January 15, 2020, that
amended its regulations to adjust the
maximum civil monetary penalties it
can assess under statutes enforced by
the agency. These changes are mandated
by the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. This document corrects the final
rule to provide the correct maximum
civil monetary penalty, per day, for a
violation of the Atomic Energy Act of
1954, as amended, or any regulation or
order issued under the Atomic Energy
Act.
SUMMARY:
Effective on February 20, 2020.
Eric
Michel, Office of the General Counsel,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–0932; email: Eric.Michel2@
nrc.gov.
DATES:
FOR FURTHER INFORMATION CONTACT:
This
document corrects the final rule that
was published in the Federal Register
on Wednesday, January 15, 2020 (85 FR
2281), to provide the correct maximum
civil monetary penalty, per day, for a
violation of the Atomic Energy Act of
1954, as amended, or any regulation or
order issued under the Atomic Energy
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SUPPLEMENTARY INFORMATION:
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Act. As previously stated in the January
15 final rule, agency rules that
implement the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 are expressly exempt from
the notice and comment requirements of
the Administrative Procedure Act (Pub.
L. 114–74, 129 Stat. 599; 28 U.S.C. 2461
note). As such, this corrective
rulemaking is being issued without
prior public notice or opportunity for
public comment, with an effective date
of February 20, 2020.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 552 and 553,
the NRC is adopting the following
amendment to 10 CFR part 2:
Dated at Rockville, Maryland, this 5th day
of February, 2020.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Regulatory Analysis and Rulemaking
Support, Division of Rulemaking,
Environmental, and Financial Support, Office
of Nuclear Material Safety and Safeguards.
List of Subjects in 10 CFR Part 2
Administrative practice and
procedure, Antitrust, Byproduct
material, Classified information,
Confidential business information,
Environmental protection, Freedom of
information, Hazardous waste, Nuclear
energy, Nuclear materials, Nuclear
power plants and reactors, Penalties,
Reporting and recordkeeping
requirements, Sex discrimination,
Source material, Special nuclear
material, Waste treatment and disposal.
Accordingly, 10 CFR part 2 is
corrected by making the following
correcting amendments:
Custody and Authentication of
Commission Records
PART 2—AGENCY RULES OF
PRACTICE AND PROCEDURE
1. The authority citation for part 2
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 29, 53, 62, 63, 81, 102, 103, 104, 105,
161, 181, 182, 183, 184, 186, 189, 191, 234
(42 U.S.C. 2039, 2073, 2092, 2093, 2111,
2132, 2133, 2134, 2135, 2201, 2231, 2232,
2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206
(42 U.S.C. 5841, 5846); Nuclear Waste Policy
Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161);
Administrative Procedure Act (5 U.S.C. 552,
553, 554, 557, 558); National Environmental
Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.
3504 note.
Section 2.205(j) also issued under 28
U.S.C. 2461 note.
§ 2.205
[Amended]
2. In § 2.205(j), remove the amount
‘‘$303.471’’ and add in its place
‘‘$303,471’’.
■
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[FR Doc. 2020–02548 Filed 2–19–20; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 375
[Docket No. RM19–7–000; Order No. 868]
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
amends its regulations concerning
custody and authentication of
Commission records. Specifically, this
final rule provides clarification that a
Senior Agency Official for Records will
maintain legal custody of all
Commission records. This final rule also
clarifies that authentication of records
can be performed by staff officials
through delegated authority.
DATES: This rule will become effective
March 23, 2020.
FOR FURTHER INFORMATION CONTACT:
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:
SUMMARY:
I. Introduction
1. This instant final rule revises 18
CFR 375.102(a) to establish a Senior
Agency Official for Records as the legal
custodian of all Commission records.
This final rule also clarifies that
authentication of records can be
performed by staff officials through
delegated authority under 18 CFR part
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9662
Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Rules and Regulations
375, subpart C. The rule imposes no
new obligations on the public.
II. Background
2. The Commission’s existing
regulations place records in the custody
of both the Secretary and the Executive
Director.1 The Secretary has custody
over: The Commission’s seal; the
minutes of all actions taken by the
Commission; the transcripts, electronic
recordings, or minutes of meetings
closed to public observation; the
Commission’s rules and regulations; and
the Commission’s administrative
orders.2 The Executive Director has
custody of all other records not in the
custody of the Secretary.3 The
Commission’s regulations also provide
that all orders and other actions of the
Commission shall be authenticated by
the Secretary or the Secretary’s
designee.4
III. Discussion
A. Custody of Records
3. By statute, the head of each federal
agency must make and preserve records
containing adequate and proper
documentation of the organization,
functions, policies, decisions,
procedures, and essential transactions of
the agency.5 Specifically, federal
agencies are responsible for both the
physical and legal custody of records.6
4. Physical custody involves the
responsibility for the care of records and
implementing policies governing access
to records.7 This final rule does not
change physical custody of Commission
records, which will continue to remain
with the individual office within the
Commission that maintains the record.8
5. This final rule clarifies the agency
official responsible for legal custody of
the Commission’s records. Legal
custody involves the ownership and the
responsibility for creating policies
1 See
18 CFR 375.102.
18 CFR 375.102(a)(1).
3 See 18 CFR 375.102(a)(2).
4 See 18 CFR 375.102(b).
5 44 U.S.C. 3101.
6 National Archives and Records Administration
(NARA) defines the term custody to include care
and control of records, including both physical
possession (physical custody) and legal
responsibility (legal custody), unless one or the
other is specified. See NARA, Strategic Directions:
Custody of Federal Records of Archival Value,
(Sept. 2003), https://www.archives.gov/recordsmgmt/initiatives/custody.html.
7 Id.
8 Id. The current regulations provide that the
Secretary has custody over, for example, the
Commission’s seal and the minutes of all actions
taken by the Commission, among other things as
described above. Although this language has been
deleted from the amended regulation, the Secretary
will continue to have physical custody over these
items.
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2 See
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governing access to records regardless of
their physical location.9
6. NARA requires that each agency
designate a Senior Agency Official for
Records that is responsible for the legal
custody of agency records.10 While the
Commission’s current regulation, 18
CFR 375.102(a), provides divided legal
custody between the Secretary and the
Executive Director, we are amending the
regulation to place legal custody in one
individual, the Senior Agency Official
for Records. The Secretary of the
Commission is the current Senior
Agency Official for Records, and thus
legal custody will no longer be divided
between the Secretary and the Executive
Director, and will be designated with
the Secretary or his/her designee.
B. Authentication of Records
7. Additionally, this final rule
clarifies that authentication of records
can be performed by staff officials
exercising delegated authority under 18
CFR part 375, subpart C.11 Specifically,
18 CFR part 375, subpart C delegates
authority to certain staff officials to take
certain actions, e.g., issue letter orders
addressing certain categories of
filings.12
8. The Commission’s existing
regulations specify that all orders and
other actions of the Commission must
be authenticated or signed by the
Secretary or the Secretary’s designee.13
This final rule revises 18 CFR
375.102(b) to provide that the Secretary
is required to authenticate all
Commission actions and orders except
those actions taken pursuant to
delegated authority, which will be
authenticated by the issuing staff official
in lieu of the Secretary. Moreover,
issuances in the Commission’s
electronic document repository
(eLibrary) on the Commission’s website
(https://www.ferc.gov) will be considered
authenticated.
IV. Information Collection Statement
9. The Office of Management and
Budget (OMB) approves certain
information collection requirements
imposed by agency rule.14 This instant
final rule does not contain any
information collection requirements.
Therefore, compliance with OMB
regulations is not required.
V. Environmental Analysis
10. The Commission is required to
prepare an Environmental Assessment
9 See
Id.
CFR 1220.34(a).
11 See, e.g., 18 CFR 375.307.
12 18 CFR part 375.
13 See 18 CFR 375.102(b).
14 5 CFR 1320.12.
10 36
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or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.15
11. 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 This
rulemaking is, accordingly, exempt from
the requirement to draft such
documents under that provision.
VI. Regulatory Flexibility Act
12. The Regulatory Flexibility Act of
1980 (RFA) 17 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 therefore not required.
VII. Document Availability
13. 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.
14. 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.
15. 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 of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987) (crossreferenced at 41 FERC ¶ 61,284).
16 18 CFR 380.4(a)(1).
17 5 U.S.C. 601–12.
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Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Rules and Regulations
VIII. Effective Date
16. 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 rule is such a rule, and
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 rule will not
significantly affect regulated entities or
the general public.
17. These regulations are effective
March 23, 2020.
List of Subjects in 18 CFR Part 375.102
Seals and Insignia.
By the Commission.
Issued: January 28, 2020.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the
Commission amends part 375, chapter I,
Title 18, Code of Federal Regulations, as
follows:
PART 375—THE COMMISSION
1. The authority citation for part 375
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717w, 3301–3432; 16 U.S.C. 791–825r,
2601–2645; 42 U.S.C. 7101–7352.
2. Section 375.102 is revised to read
as follows:
■
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§ 375.102 Custody and authentication of
Commission records.
(a) Custody of official records. The
Senior Agency Official for Records shall
have legal custody of all records of the
Commission. The individual
Commission office that maintains a
record shall have physical custody of
that record.
(b) Authentication of action. All
orders and other actions of the
Commission shall be authenticated by
the Secretary or the Secretary’s
designee, with the exception of actions
taken pursuant to delegations of
authority under 18 CFR part 375,
subpart C, which will be authenticated
by the issuing official. Issuances posted
on the Commission’s electronic filing
system on the Commission’s website are
authenticated.
[FR Doc. 2020–02359 Filed 2–19–20; 8:45 am]
BILLING CODE 6717–01–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2020–0076]
Safety Zone, Coast Guard Exercise
Area, Hood Canal, Washington
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
safety zones surrounding vessels
involved in Coast Guard training
exercises in Hood Canal, WA, from May
11, 2020, through May 15, 2020. This
enforcement is necessary to ensure the
safety of the maritime public and
vessels near training exercises. During
the enforcement period, entry into the
safety zones is prohibited, unless
authorized by the Captain of the Port or
her Designated Representative.
DATES: The regulations in 33 CFR
165.1339 will be enforced from 8 a.m.
on May 11, 2020, through 5 p.m. on May
15, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Chief
Warrant Officer William Martinez,
Sector Puget Sound Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zones
around vessels involved in Coast Guard
training exercises in Hood Canal, WA,
set forth in 33 CFR 165.1339, from 8
a.m. on May 11, 2020 through 5 p.m. on
May 15, 2020. This enforcement is
necessary to ensure the safety of the
maritime public and vessels near
training exercises. Under the provisions
of 33 CFR 165.1339, no person or vessel
may enter or remain within 500 yards of
any vessel involved in Coast Guard
training exercises while such vessel is
transiting Hood Canal, WA, between
Foul Weather Bluff and the entrance to
Dabob Bay, unless authorized by the
Captain of the Port or her Designated
Representative. In addition, the
regulation requires all vessel operators
seeking to enter any of the zones during
the enforcement period to first obtain
permission. You may seek permission
by contacting the on-scene patrol
commander on VHF channel 13 or 16,
or the Sector Puget Sound Joint Harbor
Operations Center at 206–217–6001.
You will be able to identify
participating vessels as those flying the
SUMMARY:
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9663
Coast Guard Ensign. The Captain of the
Port may also be assisted in the
enforcement of the zone by other
federal, state, or local agencies. The
Captain of the Port will issue a general
permission to enter the safety zones if
the training exercise is completed before
5 p.m. on May 15. In addition to this
notice of enforcement in the Federal
Register, the Coast Guard plans to
provide notification of this enforcement
period via a Local Notice to Mariners.
Dated: January 28, 2020.
Linda A. Sturgis,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
[FR Doc. 2020–02972 Filed 2–19–20; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 383
[Docket No. 19–CRB–0006–NSR (2021–
2025) (NSS IV)]
Digital Performance Right in Sound
Recordings and Ephemeral
Recordings
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule.
AGENCY:
The Copyright Royalty Judges
publish a final rule governing the rates
and terms for the digital performances
of sound recordings by new
subscription services and for the making
of ephemeral recordings necessary to
facilitate those transmissions for the
period commencing January 1, 2021,
and ending on December 31, 2025.
DATES: Effective date: January 1, 2021.
ADDRESSES: Docket: For access to the
docket to read submitted background
documents or comments, go to eCRB,
the Copyright Royalty Board’s electronic
filing and case management system, at
https://app.crb.gov/ and search for
docket number 19–CRB–0006–NSR
(2021–2025).
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, Program Specialist, by
telephone at (202) 707–0078 or email at
crb@loc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 8, 2019, the Copyright
Royalty Judges published a proposed
rule governing the rates and terms for
the digital performances of sound
recordings by new subscription services
that provide transmissions to residential
subscribers as part of a cable or satellite
E:\FR\FM\20FER1.SGM
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Agencies
[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Rules and Regulations]
[Pages 9661-9663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02359]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 375
[Docket No. RM19-7-000; Order No. 868]
Custody and Authentication of Commission Records
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) amends
its regulations concerning custody and authentication of Commission
records. Specifically, this final rule provides clarification that a
Senior Agency Official for Records will maintain legal custody of all
Commission records. This final rule also clarifies that authentication
of records can be performed by staff officials through delegated
authority.
DATES: This rule will become effective March 23, 2020.
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. This instant final rule revises 18 CFR 375.102(a) to establish a
Senior Agency Official for Records as the legal custodian of all
Commission records. This final rule also clarifies that authentication
of records can be performed by staff officials through delegated
authority under 18 CFR part
[[Page 9662]]
375, subpart C. The rule imposes no new obligations on the public.
II. Background
2. The Commission's existing regulations place records in the
custody of both the Secretary and the Executive Director.\1\ The
Secretary has custody over: The Commission's seal; the minutes of all
actions taken by the Commission; the transcripts, electronic
recordings, or minutes of meetings closed to public observation; the
Commission's rules and regulations; and the Commission's administrative
orders.\2\ The Executive Director has custody of all other records not
in the custody of the Secretary.\3\ The Commission's regulations also
provide that all orders and other actions of the Commission shall be
authenticated by the Secretary or the Secretary's designee.\4\
---------------------------------------------------------------------------
\1\ See 18 CFR 375.102.
\2\ See 18 CFR 375.102(a)(1).
\3\ See 18 CFR 375.102(a)(2).
\4\ See 18 CFR 375.102(b).
---------------------------------------------------------------------------
III. Discussion
A. Custody of Records
3. By statute, the head of each federal agency must make and
preserve records containing adequate and proper documentation of the
organization, functions, policies, decisions, procedures, and essential
transactions of the agency.\5\ Specifically, federal agencies are
responsible for both the physical and legal custody of records.\6\
---------------------------------------------------------------------------
\5\ 44 U.S.C. 3101.
\6\ National Archives and Records Administration (NARA) defines
the term custody to include care and control of records, including
both physical possession (physical custody) and legal responsibility
(legal custody), unless one or the other is specified. See NARA,
Strategic Directions: Custody of Federal Records of Archival Value,
(Sept. 2003), https://www.archives.gov/records-mgmt/initiatives/custody.html.
---------------------------------------------------------------------------
4. Physical custody involves the responsibility for the care of
records and implementing policies governing access to records.\7\ This
final rule does not change physical custody of Commission records,
which will continue to remain with the individual office within the
Commission that maintains the record.\8\
---------------------------------------------------------------------------
\7\ Id.
\8\ Id. The current regulations provide that the Secretary has
custody over, for example, the Commission's seal and the minutes of
all actions taken by the Commission, among other things as described
above. Although this language has been deleted from the amended
regulation, the Secretary will continue to have physical custody
over these items.
---------------------------------------------------------------------------
5. This final rule clarifies the agency official responsible for
legal custody of the Commission's records. Legal custody involves the
ownership and the responsibility for creating policies governing access
to records regardless of their physical location.\9\
---------------------------------------------------------------------------
\9\ See Id.
---------------------------------------------------------------------------
6. NARA requires that each agency designate a Senior Agency
Official for Records that is responsible for the legal custody of
agency records.\10\ While the Commission's current regulation, 18 CFR
375.102(a), provides divided legal custody between the Secretary and
the Executive Director, we are amending the regulation to place legal
custody in one individual, the Senior Agency Official for Records. The
Secretary of the Commission is the current Senior Agency Official for
Records, and thus legal custody will no longer be divided between the
Secretary and the Executive Director, and will be designated with the
Secretary or his/her designee.
---------------------------------------------------------------------------
\10\ 36 CFR 1220.34(a).
---------------------------------------------------------------------------
B. Authentication of Records
7. Additionally, this final rule clarifies that authentication of
records can be performed by staff officials exercising delegated
authority under 18 CFR part 375, subpart C.\11\ Specifically, 18 CFR
part 375, subpart C delegates authority to certain staff officials to
take certain actions, e.g., issue letter orders addressing certain
categories of filings.\12\
---------------------------------------------------------------------------
\11\ See, e.g., 18 CFR 375.307.
\12\ 18 CFR part 375.
---------------------------------------------------------------------------
8. The Commission's existing regulations specify that all orders
and other actions of the Commission must be authenticated or signed by
the Secretary or the Secretary's designee.\13\ This final rule revises
18 CFR 375.102(b) to provide that the Secretary is required to
authenticate all Commission actions and orders except those actions
taken pursuant to delegated authority, which will be authenticated by
the issuing staff official in lieu of the Secretary. Moreover,
issuances in the Commission's electronic document repository (eLibrary)
on the Commission's website (https://www.ferc.gov) will be considered
authenticated.
---------------------------------------------------------------------------
\13\ See 18 CFR 375.102(b).
---------------------------------------------------------------------------
IV. Information Collection Statement
9. The Office of Management and Budget (OMB) approves certain
information collection requirements imposed by agency rule.\14\ This
instant final rule does not contain any information collection
requirements. Therefore, compliance with OMB regulations is not
required.
---------------------------------------------------------------------------
\14\ 5 CFR 1320.12.
---------------------------------------------------------------------------
V. Environmental Analysis
10. 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\
---------------------------------------------------------------------------
\15\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987)
(cross-referenced at 41 FERC ] 61,284).
---------------------------------------------------------------------------
11. 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\ This rulemaking is,
accordingly, exempt from the requirement to draft such documents under
that provision.
---------------------------------------------------------------------------
\16\ 18 CFR 380.4(a)(1).
---------------------------------------------------------------------------
VI. Regulatory Flexibility Act
12. The Regulatory Flexibility Act of 1980 (RFA) \17\ 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 therefore not required.
---------------------------------------------------------------------------
\17\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------
VII. Document Availability
13. 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.
14. 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.
15. 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 9663]]
VIII. Effective Date
16. 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 rule is such a rule, and 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 rule will not significantly affect regulated entities or the
general public.
17. These regulations are effective March 23, 2020.
List of Subjects in 18 CFR Part 375.102
Seals and Insignia.
By the Commission.
Issued: January 28, 2020.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission amends part 375,
chapter I, Title 18, Code of Federal Regulations, as follows:
PART 375--THE COMMISSION
0
1. The authority citation for part 375 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.
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2. Section 375.102 is revised to read as follows:
Sec. 375.102 Custody and authentication of Commission records.
(a) Custody of official records. The Senior Agency Official for
Records shall have legal custody of all records of the Commission. The
individual Commission office that maintains a record shall have
physical custody of that record.
(b) Authentication of action. All orders and other actions of the
Commission shall be authenticated by the Secretary or the Secretary's
designee, with the exception of actions taken pursuant to delegations
of authority under 18 CFR part 375, subpart C, which will be
authenticated by the issuing official. Issuances posted on the
Commission's electronic filing system on the Commission's website are
authenticated.
[FR Doc. 2020-02359 Filed 2-19-20; 8:45 am]
BILLING CODE 6717-01-P