Requests for Commission Records Available in the Public Reference Room, 74028-74033 [2023-23587]
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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 2, 4, 35, 38 154, 250, 260,
270, 284, 341, 380, 385, and 388
[Docket No. RM23–11–000; Order No. 899]
Requests for Commission Records
Available in the Public Reference
Room
Federal Energy Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
amends its regulations concerning
requests for Commission records
available in the Public Reference Room
and from the Commission’s website.
Specifically, the Commission’s
regulations are revised to remove
references to the physical Public
Reference Room at the Commission’s
headquarters, as the Commission no
longer has a physical Public Reference
Room. The revised regulations will
direct the public to access the records
that were formerly available in the
Commission’s physical Public Reference
Room, which was located at the
Commission’s headquarters, 888 First
Street NE, Washington, DC 20426,
through the Commission’s website.
Other Commission regulations are being
amended to reflect this change to
provide consistency by directing the
public to the Commission’s website for
records and/or assistance in obtaining
Commission records.
DATES: This rule is effective November
29, 2023. The incorporation by reference
of certain material listed in the rule was
approved by the Director of the Federal
Register as of April 27, 2020, and
August 2, 2021.
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.
Christopher Cook, Office of Secretary,
888 First Street NE, Washington, DC
20426, (202) 502–8102,
christopher.cook@ferc.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Introduction
1. The Commission amends its
regulations concerning requests for
Commission records available in the
Commission’s physical Public Reference
Room. Specifically, this final rule
revises 18 CFR 388.106 to delete
references to a physical Public
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Reference Room, as the Commission no
longer has a physical Public Reference
Room. The revised regulations will
direct the public to obtain records
through the Commission’s website
(www.ferc.gov), which includes
eLibrary, the official repository of the
Commission’s records. Moreover, given
that the Commission’s headquarters will
no longer have a physical Public
Reference Room, the Commission is
revising other regulations, where
necessary, to direct the public to the
Commission’s website (www.ferc.gov)
for access to Commission records
previously available in the Public
Reference Room.
II. Discussion
2. The purpose of this final rule is to
ensure that members of the public can
easily obtain Commission records
online that were once available in
physical form in the Public Reference
Room located at the Commission’s
headquarters. This final rule is
consistent with government-wide
initiatives to transition from hardcopy
records to electronic records. Notably,
the FOIA Improvement Act of 2016
revised that part of the Freedom of
Information Act (FOIA) regarding
agency Public Reference Rooms, to
provide that materials must be available
‘‘for public inspection in an electronic
format.’’ 1 Likewise, the National
Archives Records Administration
(NARA) 2 and the Office of Management
and Budget 3 have directed agencies to
transition records to digital or electronic
forms to the greatest extent possible.
This final rule continues the
Commission’s efforts to comply with the
government transition to electronic
recordkeeping.
3. In that regard, the Commission’s
action here aligns with that of other
agencies that have removed their
1 See 5 U.S.C. 552 (2018) (as amended by the
FOIA Improvement Act of 2016, Pub. L. 114–185
(2016)).
2 See Federal Records Act Amendments of 2014,
Public Law 113–187, as amended through Public
Law 115–85, (enacted November 21, 2017) (codified
at 44 U.S.C. 2904); see also NARA Bulletin 2020–
01 (Sept. 30, 2020), https://www.archives.gov/
records-mgmt/bulletins/2020/2020-01.
3 See OMB Memorandum M–19–21, Transition to
Electronic Records, (June 28, 2019) https://
www.archives.gov/files/records-mgmt/policy/m-1921-transition-to-federal-records.pdf (providing that
Federal agencies should ‘‘transition recordkeeping
to a fully electronic environment that complies with
all records management laws and regulations.’’);
OMB Memorandum M–23–7, Update to Transition
to Electronic Records, (Dec. 23, 2022) https://
www.whitehouse.gov/wp-content/uploads/2022/12/
M_23_07-M-Memo-Electronic-Records_final.pdf
(reinforcing the requirements established in M–19–
21, reaffirming the underlying goal of the transition
to electronic records, and updating the previous
target dates described in M–19–21).
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physical Public Reference Rooms. For
example, in December 2019, the
Department of Education issued a final
rule requiring records to be available for
public inspection only in an electronic
format.4 In the final rule, the
Department of Education indicated that
it was making this change ‘‘to reflect the
emphasis in 5 U.S.C. 552(a)(2) on
electronic inspection for agency records
created on or after November 1, 1996.’’ 5
The Securities and Exchange
Commission, similarly in August 2021,
adopted a final rule amending its
regulations to remove references to its
Public Reference Room due to the lack
of use of the facilities.6
4. Moreover, in recent years, visitation
and usage of the Commission’s physical
Public Reference Room has substantially
decreased. Over the past 20 years, the
public has increasingly sought
Commission records electronically
through the Commission’s website as
opposed to visiting the physical Public
Reference Room in-person. For instance,
there were only four requests for hard
copy documents from walk-in visitors to
the Public Reference Room in 2018, and
in 2019, there were only seven
requests.7 Given government-wide
directives to digitize the government’s
paper records and the declining use of
the physical Public Reference Room at
the Commission’s headquarters,
physical access to public records does
not align with Federal initiatives and
trends throughout the government and
the country, which call for transitioning
to a paperless environment.
5. The Commission will, however,
ensure that the public will be able to
access the same records electronically.
As such, Commission staff intends to
make hardcopy records electronically
available, which, along with the
majority of Commission submissions
and issuances, will be accessible on the
Commission’s website. Commission
staff will also continue enhancing
online resources to make it convenient
4 Department of Education, Availability of
Information to the Public Dep’t of Education, 84 FR
67865 (Dec. 2019).
5 Id.
6 Securities and Exchange Commission, Freedom
of Information Act Regulations, 86 FR 47561 (Aug.
26, 2021).
7 In addition, after the proclamation declaring a
National Emergency concerning the Novel
Coronavirus Disease (COVID–19), issued by the
President on March 13, 2020, the Commission
closed its headquarters building to outside visitors,
which meant that the public no longer had physical
access to the Public Reference Room. During the
two and a half years that the Commission’s
headquarters building (including the physical
Public Reference Room) was closed to the public,
no one requested to visit the Public Reference Room
and all requests for Commission documents were
made either via email or by telephone.
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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations
for the public to obtain official records
electronically. The public will be able to
access records and receive the same
level of service from Commission staff
when they seek assistance in obtaining
Commission records electronically as
they have in the past by visiting the
Commission’s website (www.ferc.gov),
or during normal business hours, by
emailing public.referenceroom@ferc.gov
or calling (202) 502–8371, TTY (202)
502–8659.8
6. Finally, the Commission has also
reviewed other regulations to ensure
they are consistent with this rule by
amending them to substitute references
to the physical Public Reference Room
with references to the Commission’s
website (www.ferc.gov).
III. Information Collection Statement
7. The Office of Management and
Budget (OMB) approves certain
information collection requirements
imposed by agency rule.9 However, this
final rule does not contain any
additional information collection
requirements. Therefore, compliance
with OMB’s regulations is not required.
IV. Environmental Analysis
8. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.10
9. 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.11 Accordingly,
this rulemaking is exempt from the
requirement to draft such documents
under that provision.
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V. Regulatory Flexibility Act
10. The Regulatory Flexibility Act of
1980 (RFA) 12 generally requires a
description and analysis of final rules
that will have a significant economic
8 For members of the public seeking on-site access
to electronic records at FERC Headquarters, staff
from the Commission’s Office of Public
Participation (OPP) are available by appointment.
OPP supports meaningful public engagement and
participation in Commission proceedings and helps
members of the public access publicly available
information and navigate Commission processes. To
schedule an appointment with OPP staff, the public
is encouraged to contact OPP at OPP@ferc.gov or
(202) 502–6595.
9 5 CFR 1320.12.
10 Reguls. Implementing the Nat’l Env’t Pol’y Act,
Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC
Stats. & Regs. ¶ 30,783 (1987) (cross-referenced at 41
FERC ¶ 61,284).
11 18 CFR 380.4(a)(1).
12 5 U.S.C. 601–12.
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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.
18 CFR Part 4
Administrative practice and
procedure, Electric power, Reporting
and recordkeeping requirements.
VI. Document Availability and
Incorporation by Reference
11. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov).
12. From the Commission’s Home
Page on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
13. User assistance is available for
eLibrary and the Commission’s 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
public.referenceroom@ferc.gov.
14. NAESB WEQ Business Practice
Standards; Standards and Models are
referenced in the amendatory text of this
document but were previously approved
for § 38.1.
18 CFR Part 38
Conflicts of interest, Electric power
plants, Electric utilities, Incorporation
by reference, Reporting and
recordkeeping requirements.
VII. 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
procedures and practices. In particular,
this rule changes the agency’s practice
related to the location of the public
reference room. The rule will not
significantly affect regulated entities or
the general public.
16. This rule is effective November
29, 2023.
List of Subjects
18 CFR Part 2
Administrative practice and
procedure, Electric utilities, Natural gas,
Pipelines, Reporting and recordkeeping
requirements.
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18 CFR Part 35
Electric power rates, Electric utilities,
Reporting and recordkeeping
requirements.
18 CFR Part 154
Natural gas, Pipelines, Reporting and
recordkeeping requirements.
18 CFR Part 250
Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 270
Natural gas, Price controls, Reporting
and recordkeeping requirements.
18 CFR Part 284
Continental shelf, Incorporation by
reference, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 292
Electric power plants, Electric
utilities, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 341
Pipelines, Reporting and
recordkeeping requirements.
18 CFR Part 357
Pipelines, Reporting and
recordkeeping requirements.
18 CFR Part 380
Environmental impact statements,
Reporting and recordkeeping
requirements
18 CFR Part 385
Administrative practice and
procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping
requirements.
18 CFR Part 388
Confidential business information,
Freedom of information.
By the Commission.
Issued: October 19, 2023.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the
Commission amends parts 2, 4, 35, 38
154, 250, 260, 270 284, 341, 380, 385,
and 388, chapter I, title 18, Code of
Federal Regulations, as follows:
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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations
PART 2—GENERAL POLICY AND
INTERPRETATIONS
1. The authority citation for part 2
continues to read as follows:
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Authority: 5 U.S.C. 601; 15 U.S.C. 717–
717z, 3301–3432; 16 U.S.C. 792–828c, 2601–
2645; 42 U.S.C. 4321–4370h, 7101–7352.
2. In § 2.27, paragraph (f) is revised to
read as follows:
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7. The authority citation for part 38
continues to read as follows:
Authority: 16 U.S.C. 791–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
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(f) Copies of these standards may be
obtained from the North American
Energy Standards Board, 801 Travis
Street, Suite 1675, Houston, TX 77002,
Tel: (713) 356–0060. NAESB’s website is
at https://www.naesb.org/. Copies may
also be obtained from the Federal
Energy Regulatory Commission’s
website, https://www.ferc.gov.
PART 4—LICENSES, PERMITS,
EXEMPTIONS, AND DETERMINATION
OF PROJECT COSTS
3. The authority citation for part 4
continues to read as follows:
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Authority: 16 U.S.C. 791a–825r; 42 U.S.C.
7101–7352.
4. In § 4.60, paragraph (b) is revised to
read as follows:
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Applicability and notice to agencies.
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(b) Notice to agencies. The
Commission will supply interested
Federal, state, and local agencies with
notice of any application for license for
a water power project 10 MW or less
and request comment on the
application. Copies of the application
will be available for inspection through
the Commission’s website, https://
www.ferc.gov. The applicant shall also
furnish copies of the filed application to
any Federal, state, or local agency that
so requests.
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PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
5. The authority citation for part 35
continues to read as follows:
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Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
6. In § 35.7, paragraph (c) is revised to
read as follows:
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§ 35.7 Electronic filing of tariffs and
related materials.
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(c) Format requirements for electronic
filing. The requirements and formats for
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PART 38—STANDARDS FOR PUBLIC
UTILITY BUSINESS OPERATIONS AND
COMMUNICATIONS
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§ 2.27 Availability of North American
Energy Standards Board (NAESB) Smart
Grid Standards as non-mandatory
guidance.
§ 4.60
electronic filing are listed in
instructions for electronic filing and for
each form. These formats are available
through the Commission’s website,
https://www.ferc.gov.
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8. Revise § 38.1 to read as follows:
§ 38.1 Incorporation by reference of North
American Energy Standards Board
Wholesale Electric Quadrant standards.
(a) Any public utility that owns,
operates, or controls facilities used for
the transmission of electric energy in
interstate commerce or for the sale of
electric energy at wholesale in interstate
commerce and any non-public utility
that seeks voluntary compliance with
jurisdictional transmission tariff
reciprocity conditions must comply
with the business practice and
electronic communication standards
and models promulgated by the North
American Energy Standards Board
(NAESB) Wholesale Electric Quadrant
(WEQ) that are incorporated by
reference in paragraph (b) of this
section. The requirements and formats
for electronic filing are listed in
instructions for electronic filing and for
each form. These formats are available
through the Commission’s website,
https://www.ferc.gov.
(b) The material listed in this
paragraph (b) is incorporated by
reference into this section with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
available for inspection at the Federal
Energy Regulatory Commission (the
Commission) and at the National
Archives and Records Administration
(NARA). Contact the Commission at:
https://www.ferc.gov, email at
public.referenceroom@ferc.gov or via
phone call at (202) 502–8371. For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@
nara.gov. The material may be obtained
from the North American Energy
Standards Board, 801 Travis Street,
Suite 1675, Houston, TX 77002, Phone:
(713) 356–0060; https://www.naesb.
org/.
(1) WEQ–000, Abbreviations,
Acronyms, and Definition of Terms
(WEQ Version 003.1, September 30,
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2015) (including only the definitions of
Interconnection Time Monitor, Time
Error, and Time Error Correction);
(2) WEQ–000, Abbreviations,
Acronyms, and Definition of Terms
(WEQ Version 003.3, March 30, 2020);
(3) WEQ–001, Open Access SameTime Information Systems (OASIS),
(WEQ Version 003.3, March 30, 2020);
(4) WEQ–002, Open Access SameTime Information Systems (OASIS)
Business Practice Standards and
Communication Protocols (S&CP),
(WEQ Version 003.3, March 30, 2020);
(5) WEQ–003, Open Access SameTime Information Systems (OASIS) Data
Dictionary, (WEQ Version 003.3, March
30, 2020);
(6) WEQ–004, Coordinate Interchange
(WEQ Version 003.3, March 30, 2020);
(7) WEQ–005, Area Control Error
(ACE) Equation Special Cases (WEQ
Version 003.3, March 30, 2020);
(8) WEQ–006, Manual Time Error
Correction (WEQ Version 003.1, Sept.
30, 2015);
(9) WEQ–007, Inadvertent Interchange
Payback (WEQ Version 003.3, March 30,
2020);
(10) WEQ–008, Transmission Loading
Relief (TLR)—Eastern Interconnection
(WEQ Version 003.3, March 30, 2020);
(11) WEQ–011, Gas/Electric
Coordination (WEQ Version 003.3,
March 30, 2020);
(12) WEQ–012, Public Key
Infrastructure (PKI) (WEQ Version
003.3, March 30, 2020);
(13) WEQ–013, Open Access SameTime Information Systems (OASIS)
Implementation Guide, (WEQ Version
003.3, March 30, 2020);
(14) WEQ–015, Measurement and
Verification of Wholesale Electricity
Demand Response (WEQ Version 003.3,
March 30, 2020);
(15) WEQ–021, Measurement and
Verification of Energy Efficiency
Products (WEQ Version 003.3, March
30, 2020);
(16) WEQ–022, Electric Industry
Registry (WEQ Version 003.3, March 30,
2020); and
(17) WEQ–023, Modeling (WEQ
Version 003.3, March 30, 2020).
PART 154—RATE SCHEDULES AND
TARIFFS
9. The authority citation for part 154
continues to read as follows:
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Authority: 15 U.S.C. 717–717w; 31 U.S.C.
9701; 42 U.S.C. 7102–7352.
10. In § 154.4, paragraph (c) is revised
to read as follows:
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§ 154.4 Electronic filing of tariffs and
related materials.
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(c) Format requirements for electronic
filing. The requirements and formats for
electronic filing are listed in
instructions for electronic filing and for
each form. These formats are available
through the Commission’s website,
https://www.ferc.gov.
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PART 250—FORMS
11. The authority citation for part 250
continues to read as follows:
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Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461
note.
12. In § 250.16, paragraphs (c)(3) and
(d)(2) are revised to read as follows:
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(c) * * *
(3) The log of affiliate and nonaffiliate information must be provided
to the Commission upon request and
must be made available to the public
under 18 CFR part 385, subpart D. When
requested by the Commission, the
information must be provided, within a
reasonable time, according to the
specifications and format contained in
Form No. 592, which can be obtained on
the Commission’s website, https://
www.ferc.gov.
(d) * * *
(2) The discount information must be
made available to the Commission upon
request and to the public under 18 CFR
part 385, subpart D. When requested by
the Commission, the information must
be provided, within a reasonable time,
according to the specifications and
format contained in Form No. 592,
which can be obtained on the
Commission’s website, https://
www.ferc.gov.
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PART 260—STATEMENTS AND
REPORTS (SCHEDULES)
13. The authority citation for part 260
continues to read as follows:
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Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352.
14. In § 260.1, paragraph (b)(4) is
revised to read as follows:
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§ 260.1 FERC Form No. 2, Annual report
for Major natural gas companies.
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(4) The form must be filed in
electronic format only, as indicated in
the general instructions set out in that
form. The format for the electronic filing
is available through the Commission’s
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(4) The form must be filed in
electronic format only, as indicated in
the General Instructions set out in that
form. The format for the electronic filing
is available through the Commission’s
website, https://www.ferc.gov. One copy
of the report must be retained by the
respondent in its files.
16. The authority citation for part 270
continues to read as follows:
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Authority: 15 U.S.C. 717–717w, 3301 et.
seq.; 42 U.S.C. 7101 et seq.; E.O. 12009, 3
CFR, 1978 Comp., p. 142.
17. In § 270.501, paragraph (a) is
revised to read as follows:
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§ 270.501 Publication of notice from
jurisdictional agency.
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(a) Upon receipt of a notice of
determination by a jurisdictional agency
under § 270.204, the Commission will
send an acknowledgment to the
applicant and make the notice available
through the Commission’s website,
https://www.ferc.gov.
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■ 18. In § 270.502, paragraph (e) is
revised to read as follows:
§ 270.502 Commission review of final
determinations.
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(e) Public notice. The Commission
will publish notice of the preliminary
finding in the Federal Register and will
post the notice on the Commission’s
website, https://www.ferc.gov. The
notice will set forth the reasons for the
preliminary finding.
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PART 284—CERTAIN SALES AND
TRANSPORTATION OF NATURAL GAS
UNDER THE NATURAL GAS POLICY
ACT OF 1978 AND RELATED
AUTHORITIES
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§ 260.2 FERC Form No. 2–A, Annual report
for Nonmajor natural gas companies.
PART 270—DETERMINATION
PROCEDURES
§ 250.16 Format of compliance plan for
transportation services and affiliate
transactions.
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website, https://www.ferc.gov. One copy
of the report must be retained by the
respondent in its files.
■ 15. In § 260.2, paragraph (b)(4) is
revised to read as follows:
19. The authority citation for part 284
continues to read as follows:
■
Authority: 15 U.S.C. 717–717z, 3301–
3432; 42 U.S.C. 7101–7352; 43 U.S.C. 1331–
1356.
20. In § 284.12, paragraph (a)(2) is
revised to read as follows:
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§ 284.12 Standards for pipeline business
operations and communications.
(a) * * *
(2) The material listed in this
paragraph (a)(2) is incorporated by
reference into this section with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
available for inspection at the Federal
Energy Regulatory Commission (the
Commission) and at the National
Archives and Records Administration
(NARA). Contact the Commission at:
https://www.ferc.gov, email
public.referenceroom@ferc.gov, or via
phone call at 202–502–8371. For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@
nara.gov. The material may be obtained
from the North American Energy
Standards Board, 801 Travis Street,
Suite 1675, Houston, TX 77002, Phone:
(713) 356–0060; https://www.naesb.
org/.
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■ 21. In § 284.13, paragraph (c)(5) is
revised to read as follows:
§ 284.13 Reporting requirements for
interstate pipelines.
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(c) * * *
(5) The requirements for the
electronic index are available through
the Commission’s website, https://
www.ferc.gov.
*
*
*
*
*
■ 22. In § 284.123, paragraph (f)(3) is
revised to read as follows:
§ 284.123
Rates and charges.
*
*
*
*
*
(f) * * *
(3) Format requirements for electronic
filing. The requirements and formats for
electronic filing are listed in
instructions for electronic filing and for
each form. These formats are available
through the Commission’s website,
https://www.ferc.gov.
*
*
*
*
*
■ 23. In § 284.221, paragraph (b)(1) is
revised to read as follows:
§ 284.221 General rule; transportation by
interstate pipelines on behalf of others.
*
*
*
*
*
(b) * * *
(1) An application for a blanket
certificate under this section must be
filed electronically. The format for the
electronic application filing available
through the Commission’s website,
https://www.ferc.gov, and must include:
(i) The name of the interstate pipeline;
and
E:\FR\FM\30OCR1.SGM
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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations
(ii) A statement by the interstate
pipeline that it will comply with the
conditions in paragraph (c) of this
section.
*
*
*
*
*
PART 292—REGULATIONS UNDER
SECTIONS 201 AND 210 OF THE
PUBLIC UTILITY REGULATORY
POLICIES ACT OF 1978 WITH REGARD
TO SMALL POWER PRODUCTION AND
COGENERATION
24. The authority citation for part 292
continues to read as follows:
(c) Format requirements for electronic
filing. The requirements and formats for
electronic filing are listed in
instructions for electronic filing and for
each form. These formats are available
through the Commission’s website,
https://www.ferc.gov.
*
*
*
*
*
PART 357—ANNUAL SPECIAL OR
PERIODIC REPORTS: CARRIERS
SUBJECT TO PART I OF THE
INTERSTATE COMMERCE ACT
■
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
25. In § 292.210, paragraph (e)(1) is
revised to read as follows:
■
30. In § 357.3, paragraph (c) is revised
to read as follows:
*
*
*
*
*
(e) * * *
(1) The Commission will issue a
notice of the petition filed under this
section and publish the notice in the
Federal Register. The petition will be
available to inspect or to download on
the Commission’s website, https://
www.ferc.gov.
*
*
*
*
*
■ 26. In § 292.211, paragraph (h)(1) is
revised to read as follows:
§ 292.211 Petition for initial determination
on whether a project has a substantial
adverse effect on the environment (AEE
petition).
*
*
*
*
*
(h) * * *
(1) The Commission will issue notice
of the mitigative measures filed by an
applicant under paragraph (g)(2) of this
section and will publish the notice in
the Federal Register. The mitigative
measures will be on file and available to
inspect or to download on the
Commission’s website, https://
www.ferc.gov.
*
*
*
*
*
PART 341—OIL PIPELINE TARIFFS:
OIL PIPELINE COMPANIES SUBJECT
TO SECTION 6 OF THE INTERSTATE
COMMERCE ACT
27. The authority citation for part 341
continues to read as follows:
khammond on DSKJM1Z7X2PROD with RULES
■
Authority: 42 U.S.C. 7101–7352; 49 U.S.C.
1–27.
28. In § 341.1, paragraph (c) is revised
to read as follows:
§ 341.1 Electronic filing of tariffs and
related materials.
*
*
*
VerDate Sep<11>2014
*
*
15:45 Oct 27, 2023
Jkt 262001
Authority: 42 U.S.C. 7101–7352; 49 U.S.C.
60502; 49 App. U.S.C. 1–85 (1988).
■
§ 292.210 Petition alleging commitment of
substantial monetary resources before
October 16, 1986.
■
29. The authority citation for part 357
continues to read as follows:
■
§ 357.3 FERC Form No. 73, Oil Pipeline
Data for Depreciation Analysis.
*
*
*
*
*
(c) What to submit. The format and
data which must be submitted are
prescribed in FERC Form No. 73, Oil
Pipeline Data for Depreciation Analysis,
available for review on the
Commission’s website https://
www.ferc.gov.
PART 380—REGULATIONS
IMPLEMENTING THE NATIONAL
ENVIRONMENTAL POLICY ACT
31. The authority citation for part 380
continues to read as follows:
■
Authority: 42 U.S.C. 4321–4370h, 7101–
7352; E.O. 12009, 3 CFR, 1978 Comp., p. 142.
32. In § 380.9, paragraph (b) is revised
to read as follows:
■
§ 380.9 Public availability of NEPA
documents and public notice of NEPA
related hearings and public meetings.
*
*
*
*
*
(b) The Commission will make
environmental impact statements,
environmental assessments, the
comments received, and any
underlaying documents available to the
public pursuant to the provisions of the
Freedom of Information Act (5 U.S.C.
552 (1982)). The exclusion in the
Freedom of Information Act for
interagency memoranda is not
applicable where such memoranda
transmit comments of Federal agencies
on the environmental impact of the
proposed action. Such materials will be
made available to the public through the
Commission’s website, https://
www.ferc.gov, at a fee and in the manner
described in part 388 of this chapter. A
copy of an environmental impact
statement or environmental assessment
for hydroelectric projects may also be
made available for inspection at the
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Commission’s regional office for the
region where the proposed action is
located.
PART 385—RULES OF PRACTICE AND
PROCEDURE
33. 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).
34. In § 385.203, paragraph (d) is
revised to read as follows:
■
§ 385.203 Content of pleadings and tariff
or rate filings (Rule 203).
*
*
*
*
*
(d) Form of notice. If a pleading or
tariff or rate filing must include a form
of notice suitable for publication in the
Federal Register, the company shall
submit the draft notice in accordance
with the form of notice specifications
prescribed by the Secretary and posted
on the Commission’s website under
Filing Procedures at https://
www.ferc.gov.
■ 35. In § 385.2011, paragraph (c)(4) is
revised to read as follows:
§ 385.2011 Procedures for filing on
electronic media (Rule 2011).
*
*
*
*
*
(c) * * *
(4) The formats for the electronic
filing and the paper copy are available
through the Commission’s website,
https://www.ferc.gov.
*
*
*
*
*
PART 388—INFORMATION AND
REQUESTS
36. The authority citation for part 388
continues to read as follows:
■
Authority: 5 U.S.C. 301–305, 551, 552 (as
amended), 553–557; 42 U.S.C. 7101–7352; 16
U.S.C. 824(o l).
37. In § 388.105, paragraph (a) is
revised to read as follows:
■
§ 388.105 Procedures for press, television,
radio, and photographic coverage.
(a) The Commission issues news
releases on major applications,
decisions, opinions, orders,
rulemakings, new publications, major
personnel changes, and other matters of
general public interest. Releases are
issued by and available to the media
from the Office of External Affairs.
Releases may be obtained through the
Commission’s website, https://
www.ferc.gov.
*
*
*
*
*
E:\FR\FM\30OCR1.SGM
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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations
38. In § 388.106, the section heading,
paragraph (a), and paragraph (b)
introductory text are revised to read as
follows:
■
§ 388.106 Requests for Commission
records available from the Commission’s
website, https://www.ferc.gov.
(a) Publicly available documents may
be obtained electronically from the
Commission’s website, https://
www.ferc.gov, or by requesting them
from the public.referenceroom@ferc.gov
by reasonably describing the records
sought. Additional information on
charges and services is available on the
website.
(b) The public records of the
Commission that are available for
inspection and copying upon request
via the Commission’s website, include:
*
*
*
*
*
■ 39. In § 388.108, the section heading
and paragraphs (a)(1) introductory text
and (b)(1)(i) are revised to read as
follows:
§ 388.108 Requests for Commission
records not available from the
Commission’s website, https://
www.ferc.gov.
(a) * * *
(1) Except as provided in paragraph
(a)(2) of this section, a person may
request access to Commission records,
including records maintained in
electronic format, that are not available
through the Commission’s website,
https://www.ferc.gov, by using the
following procedures:
*
*
*
*
*
(b) * * *
(1) * * *
(i) Track One—records that are readily
identifiable and were previously cleared
for release (including those subject to
multiple requests and placed on https://
www.ferc.gov);
*
*
*
*
*
■ 40. In § 388.109, paragraph (a) and
paragraph (b) introductory text are
revised to read as follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 388.109
Fees for record requests.
15:45 Oct 27, 2023
Jkt 262001
§ 388.110 Procedure for appeal of denial of
requests for Commission records not
publicly available, denial of requests for fee
waiver or reduction, and denial of requests
for expedited processing.
*
*
*
*
*
[FR Doc. 2023–23587 Filed 10–27–23; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 153 and 380
[Docket No. RM22–8–000; Order No. 900]
Engineering and Design Materials for
Liquefied Natural Gas Facilities
Related to Potential Impacts Caused
by Natural Hazards
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
issues this final rule to revise its
regulations governing liquefied natural
gas (LNG) facilities subject to sections 3
and 7 of the Natural Gas Act (NGA) by
removing outdated references for
seismic hazard evaluations and seismic
design criteria for LNG facilities. In their
place, the Commission codifies its
existing practice of evaluating seismic
and other natural hazards and design
criteria for jurisdictional LNG facilities.
These revisions are intended to reduce
confusion about applicable technical
SUMMARY:
(a) Fees for records available through
the Commission’s website. (1) The fee
for finding and duplicating records
available from the Commission’s
website, https://www.ferc.gov, will vary
depending on the size and complexity
of the request. A person can obtain a
copy of the schedule of fees from the
Commission’s website, https://
www.ferc.gov. In addition, copies of data
extracted from the Commission’s files
through electronic media are available
on a reimbursable basis, upon written
request to the Commission.
VerDate Sep<11>2014
(2) Stenographic reports of
Commission hearings are made by a
private contractor. Interested persons
may obtain copies of public hearing
transcripts from the contractor at prices
set in the contract, or through the search
and duplication service noted above.
Copies of the contract are available for
public inspection on the Commission’s
website, https://www.ferc.gov.
(b) Fees for records not available
through the Commission’s website
(FOIA or CEII requests). The cost of
duplication of records not available
from the Commission’s website, https://
www.ferc.gov, will depend on the
number of documents requested, the
time necessary to locate the documents
requested, and the category of the
persons requesting the records. The
procedures for appeal of denial of
requests for fee waiver or reduction are
set forth in § 388.110.
*
*
*
*
*
■ 41. In § 388.110, the section heading
is revised to read as follows:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
74033
requirements and clarify the
information required in applications
filed before the Commission to ensure
the public is protected from potential
catastrophic impacts caused by natural
hazards from design through the
operation of the LNG facilities.
DATES: This rule is effective December
29, 2023.
FOR FURTHER INFORMATION CONTACT:
Andrew Kohout (Technical
Information), Office of Energy Projects,
Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC
20426, (202) 502–8053, andrew.kohout@
ferc.gov.
Kenneth Yu (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426,
(202) 502–8482, kenneth.yu@ferc.gov.
SUPPLEMENTARY INFORMATION:
1. In this final rule, the Federal
Energy Regulatory Commission
(Commission or FERC) revises its
regulations under 18 CFR parts 153 and
380 governing liquefied natural gas
(LNG) facilities subject to sections 3 and
7 of the Natural Gas Act (NGA) by
removing references to a legacy agency
(the National Bureau of Standards) that
has been renamed and two technical
standards 1 related to seismic hazard
evaluation and seismic design criteria
for LNG facilities (Uniform Building
Code’s (UBC) Seismic Risk Map of the
United States (Map) and National
Bureau of Standards Information Report
(NBSIR) 84–2833, Data Requirements
for the Seismic Review of LNG Facilities)
that have become outdated. Consistent
with the Commission’s previous
rulemakings to update outdated
regulations,2 the final rule codifies the
1 The National Technology Transfer and
Advancement Act of 1995 (NTTAA) defines
‘‘technical standards’’ as ‘‘performance-based or
design-specific technical specifications and related
management systems practices.’’ 15 U.S.C. 272 note.
The Office of Management and Budget (OMB)
clarifies that the definition of technical standard
includes, among other things, the definition of
terms; classification of components; delineation of
procedures; specification of dimensions, materials,
performance, designs, or operations; measurement
of quality and quantity in describing materials,
processes, products, systems, services, or practices;
test methods and sampling procedures; formats for
information and communication exchange; or
descriptions of fit and measurements of size or
strength. Office of Mgmt. & Budget, Exec. Office of
the President, Revised OMB Circular A–119,
Federal Participation in the Development and Use
of Voluntary Consensus Standards and in
Conformity Assessment Activities 2(a) (Jan. 27,
2016).
2 See, e.g., Revisions to Reguls. Governing
Authorization for Constr. of Nat. Gas Pipeline
Facilities, Order No. 555, FERC Stats. & Regs.
¶ 30,928 (1991) (cross-referenced at 56 FERC
¶ 61,414), withdrawn, FERC Stats & Regs. ¶ 30,965
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]]>Agencies
[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Rules and Regulations]
[Pages 74028-74033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23587]
[[Page 74028]]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 2, 4, 35, 38 154, 250, 260, 270, 284, 341, 380, 385,
and 388
[Docket No. RM23-11-000; Order No. 899]
Requests for Commission Records Available in the Public Reference
Room
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) amends
its regulations concerning requests for Commission records available in
the Public Reference Room and from the Commission's website.
Specifically, the Commission's regulations are revised to remove
references to the physical Public Reference Room at the Commission's
headquarters, as the Commission no longer has a physical Public
Reference Room. The revised regulations will direct the public to
access the records that were formerly available in the Commission's
physical Public Reference Room, which was located at the Commission's
headquarters, 888 First Street NE, Washington, DC 20426, through the
Commission's website. Other Commission regulations are being amended to
reflect this change to provide consistency by directing the public to
the Commission's website for records and/or assistance in obtaining
Commission records.
DATES: This rule is effective November 29, 2023. The incorporation by
reference of certain material listed in the rule was approved by the
Director of the Federal Register as of April 27, 2020, and August 2,
2021.
FOR FURTHER INFORMATION CONTACT: Mark Hershfield, Office of the General
Counsel, 888 First Street NE, Washington, DC 20426, (202) 502-8597,
[email protected].
Christopher Cook, Office of Secretary, 888 First Street NE,
Washington, DC 20426, (202) 502-8102, [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
1. The Commission amends its regulations concerning requests for
Commission records available in the Commission's physical Public
Reference Room. Specifically, this final rule revises 18 CFR 388.106 to
delete references to a physical Public Reference Room, as the
Commission no longer has a physical Public Reference Room. The revised
regulations will direct the public to obtain records through the
Commission's website (www.ferc.gov), which includes eLibrary, the
official repository of the Commission's records. Moreover, given that
the Commission's headquarters will no longer have a physical Public
Reference Room, the Commission is revising other regulations, where
necessary, to direct the public to the Commission's website
(www.ferc.gov) for access to Commission records previously available in
the Public Reference Room.
II. Discussion
2. The purpose of this final rule is to ensure that members of the
public can easily obtain Commission records online that were once
available in physical form in the Public Reference Room located at the
Commission's headquarters. This final rule is consistent with
government-wide initiatives to transition from hardcopy records to
electronic records. Notably, the FOIA Improvement Act of 2016 revised
that part of the Freedom of Information Act (FOIA) regarding agency
Public Reference Rooms, to provide that materials must be available
``for public inspection in an electronic format.'' \1\ Likewise, the
National Archives Records Administration (NARA) \2\ and the Office of
Management and Budget \3\ have directed agencies to transition records
to digital or electronic forms to the greatest extent possible. This
final rule continues the Commission's efforts to comply with the
government transition to electronic recordkeeping.
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 552 (2018) (as amended by the FOIA Improvement
Act of 2016, Pub. L. 114-185 (2016)).
\2\ See Federal Records Act Amendments of 2014, Public Law 113-
187, as amended through Public Law 115-85, (enacted November 21,
2017) (codified at 44 U.S.C. 2904); see also NARA Bulletin 2020-01
(Sept. 30, 2020), https://www.archives.gov/records-mgmt/bulletins/2020/2020-01.
\3\ See OMB Memorandum M-19-21, Transition to Electronic
Records, (June 28, 2019) https://www.archives.gov/files/records-mgmt/policy/m-19-21-transition-to-federal-records.pdf (providing
that Federal agencies should ``transition recordkeeping to a fully
electronic environment that complies with all records management
laws and regulations.''); OMB Memorandum M-23-7, Update to
Transition to Electronic Records, (Dec. 23, 2022) https://www.whitehouse.gov/wp-content/uploads/2022/12/M_23_07-M-Memo-Electronic-Records_final.pdf (reinforcing the requirements
established in M-19-21, reaffirming the underlying goal of the
transition to electronic records, and updating the previous target
dates described in M-19-21).
---------------------------------------------------------------------------
3. In that regard, the Commission's action here aligns with that of
other agencies that have removed their physical Public Reference Rooms.
For example, in December 2019, the Department of Education issued a
final rule requiring records to be available for public inspection only
in an electronic format.\4\ In the final rule, the Department of
Education indicated that it was making this change ``to reflect the
emphasis in 5 U.S.C. 552(a)(2) on electronic inspection for agency
records created on or after November 1, 1996.'' \5\ The Securities and
Exchange Commission, similarly in August 2021, adopted a final rule
amending its regulations to remove references to its Public Reference
Room due to the lack of use of the facilities.\6\
---------------------------------------------------------------------------
\4\ Department of Education, Availability of Information to the
Public Dep't of Education, 84 FR 67865 (Dec. 2019).
\5\ Id.
\6\ Securities and Exchange Commission, Freedom of Information
Act Regulations, 86 FR 47561 (Aug. 26, 2021).
---------------------------------------------------------------------------
4. Moreover, in recent years, visitation and usage of the
Commission's physical Public Reference Room has substantially
decreased. Over the past 20 years, the public has increasingly sought
Commission records electronically through the Commission's website as
opposed to visiting the physical Public Reference Room in-person. For
instance, there were only four requests for hard copy documents from
walk-in visitors to the Public Reference Room in 2018, and in 2019,
there were only seven requests.\7\ Given government-wide directives to
digitize the government's paper records and the declining use of the
physical Public Reference Room at the Commission's headquarters,
physical access to public records does not align with Federal
initiatives and trends throughout the government and the country, which
call for transitioning to a paperless environment.
---------------------------------------------------------------------------
\7\ In addition, after the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020, the Commission closed its
headquarters building to outside visitors, which meant that the
public no longer had physical access to the Public Reference Room.
During the two and a half years that the Commission's headquarters
building (including the physical Public Reference Room) was closed
to the public, no one requested to visit the Public Reference Room
and all requests for Commission documents were made either via email
or by telephone.
---------------------------------------------------------------------------
5. The Commission will, however, ensure that the public will be
able to access the same records electronically. As such, Commission
staff intends to make hardcopy records electronically available, which,
along with the majority of Commission submissions and issuances, will
be accessible on the Commission's website. Commission staff will also
continue enhancing online resources to make it convenient
[[Page 74029]]
for the public to obtain official records electronically. The public
will be able to access records and receive the same level of service
from Commission staff when they seek assistance in obtaining Commission
records electronically as they have in the past by visiting the
Commission's website (www.ferc.gov), or during normal business hours,
by emailing [email protected] or calling (202) 502-8371,
TTY (202) 502-8659.\8\
---------------------------------------------------------------------------
\8\ For members of the public seeking on-site access to
electronic records at FERC Headquarters, staff from the Commission's
Office of Public Participation (OPP) are available by appointment.
OPP supports meaningful public engagement and participation in
Commission proceedings and helps members of the public access
publicly available information and navigate Commission processes. To
schedule an appointment with OPP staff, the public is encouraged to
contact OPP at [email protected] or (202) 502-6595.
---------------------------------------------------------------------------
6. Finally, the Commission has also reviewed other regulations to
ensure they are consistent with this rule by amending them to
substitute references to the physical Public Reference Room with
references to the Commission's website (www.ferc.gov).
III. Information Collection Statement
7. The Office of Management and Budget (OMB) approves certain
information collection requirements imposed by agency rule.\9\ However,
this final rule does not contain any additional information collection
requirements. Therefore, compliance with OMB's regulations is not
required.
---------------------------------------------------------------------------
\9\ 5 CFR 1320.12.
---------------------------------------------------------------------------
IV. Environmental Analysis
8. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\10\
---------------------------------------------------------------------------
\10\ Reguls. Implementing the Nat'l Env't Pol'y Act, Order No.
486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ] 30,783
(1987) (cross-referenced at 41 FERC ] 61,284).
---------------------------------------------------------------------------
9. 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.\11\ Accordingly, this rulemaking is
exempt from the requirement to draft such documents under that
provision.
---------------------------------------------------------------------------
\11\ 18 CFR 380.4(a)(1).
---------------------------------------------------------------------------
V. Regulatory Flexibility Act
10. The Regulatory Flexibility Act of 1980 (RFA) \12\ 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.
---------------------------------------------------------------------------
\12\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------
VI. Document Availability and Incorporation by Reference
11. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (https://www.ferc.gov).
12. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
13. User assistance is available for eLibrary and the Commission's
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 [email protected].
14. NAESB WEQ Business Practice Standards; Standards and Models are
referenced in the amendatory text of this document but were previously
approved for Sec. 38.1.
VII. 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 procedures and practices. In particular, this rule changes
the agency's practice related to the location of the public reference
room. The rule will not significantly affect regulated entities or the
general public.
16. This rule is effective November 29, 2023.
List of Subjects
18 CFR Part 2
Administrative practice and procedure, Electric utilities, Natural
gas, Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 4
Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 35
Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.
18 CFR Part 38
Conflicts of interest, Electric power plants, Electric utilities,
Incorporation by reference, Reporting and recordkeeping requirements.
18 CFR Part 154
Natural gas, Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 250
Natural gas, Reporting and recordkeeping requirements.
18 CFR Part 270
Natural gas, Price controls, Reporting and recordkeeping
requirements.
18 CFR Part 284
Continental shelf, Incorporation by reference, Natural gas,
Reporting and recordkeeping requirements.
18 CFR Part 292
Electric power plants, Electric utilities, Natural gas, Reporting
and recordkeeping requirements.
18 CFR Part 341
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 357
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 380
Environmental impact statements, Reporting and recordkeeping
requirements
18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 388
Confidential business information, Freedom of information.
By the Commission.
Issued: October 19, 2023.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission amends parts 2,
4, 35, 38 154, 250, 260, 270 284, 341, 380, 385, and 388, chapter I,
title 18, Code of Federal Regulations, as follows:
[[Page 74030]]
PART 2--GENERAL POLICY AND INTERPRETATIONS
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1. The authority citation for part 2 continues to read as follows:
Authority: 5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 792-828c, 2601-2645; 42 U.S.C. 4321-4370h, 7101-7352.
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2. In Sec. 2.27, paragraph (f) is revised to read as follows:
Sec. 2.27 Availability of North American Energy Standards Board
(NAESB) Smart Grid Standards as non-mandatory guidance.
* * * * *
(f) Copies of these standards may be obtained from the North
American Energy Standards Board, 801 Travis Street, Suite 1675,
Houston, TX 77002, Tel: (713) 356-0060. NAESB's website is at https://www.naesb.org/. Copies may also be obtained from the Federal Energy
Regulatory Commission's website, https://www.ferc.gov.
PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT
COSTS
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3. The authority citation for part 4 continues to read as follows:
Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.
0
4. In Sec. 4.60, paragraph (b) is revised to read as follows:
Sec. 4.60 Applicability and notice to agencies.
* * * * *
(b) Notice to agencies. The Commission will supply interested
Federal, state, and local agencies with notice of any application for
license for a water power project 10 MW or less and request comment on
the application. Copies of the application will be available for
inspection through the Commission's website, https://www.ferc.gov. The
applicant shall also furnish copies of the filed application to any
Federal, state, or local agency that so requests.
* * * * *
PART 35--FILING OF RATE SCHEDULES AND TARIFFS
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5. The authority citation for part 35 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
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6. In Sec. 35.7, paragraph (c) is revised to read as follows:
Sec. 35.7 Electronic filing of tariffs and related materials.
* * * * *
(c) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available through the
Commission's website, https://www.ferc.gov.
* * * * *
PART 38--STANDARDS FOR PUBLIC UTILITY BUSINESS OPERATIONS AND
COMMUNICATIONS
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7. The authority citation for part 38 continues to read as follows:
Authority: 16 U.S.C. 791-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
0
8. Revise Sec. 38.1 to read as follows:
Sec. 38.1 Incorporation by reference of North American Energy
Standards Board Wholesale Electric Quadrant standards.
(a) Any public utility that owns, operates, or controls facilities
used for the transmission of electric energy in interstate commerce or
for the sale of electric energy at wholesale in interstate commerce and
any non-public utility that seeks voluntary compliance with
jurisdictional transmission tariff reciprocity conditions must comply
with the business practice and electronic communication standards and
models promulgated by the North American Energy Standards Board (NAESB)
Wholesale Electric Quadrant (WEQ) that are incorporated by reference in
paragraph (b) of this section. The requirements and formats for
electronic filing are listed in instructions for electronic filing and
for each form. These formats are available through the Commission's
website, https://www.ferc.gov.
(b) The material listed in this paragraph (b) is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at the Federal Energy Regulatory
Commission (the Commission) and at the National Archives and Records
Administration (NARA). Contact the Commission at: https://www.ferc.gov,
email at [email protected] or via phone call at (202) 502-
8371. For information on the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/ibr-locations or email
[email protected]. The material may be obtained from the North
American Energy Standards Board, 801 Travis Street, Suite 1675,
Houston, TX 77002, Phone: (713) 356-0060; https://www.naesb.org/ org/.
(1) WEQ-000, Abbreviations, Acronyms, and Definition of Terms (WEQ
Version 003.1, September 30, 2015) (including only the definitions of
Interconnection Time Monitor, Time Error, and Time Error Correction);
(2) WEQ-000, Abbreviations, Acronyms, and Definition of Terms (WEQ
Version 003.3, March 30, 2020);
(3) WEQ-001, Open Access Same-Time Information Systems (OASIS),
(WEQ Version 003.3, March 30, 2020);
(4) WEQ-002, Open Access Same-Time Information Systems (OASIS)
Business Practice Standards and Communication Protocols (S&CP), (WEQ
Version 003.3, March 30, 2020);
(5) WEQ-003, Open Access Same-Time Information Systems (OASIS) Data
Dictionary, (WEQ Version 003.3, March 30, 2020);
(6) WEQ-004, Coordinate Interchange (WEQ Version 003.3, March 30,
2020);
(7) WEQ-005, Area Control Error (ACE) Equation Special Cases (WEQ
Version 003.3, March 30, 2020);
(8) WEQ-006, Manual Time Error Correction (WEQ Version 003.1, Sept.
30, 2015);
(9) WEQ-007, Inadvertent Interchange Payback (WEQ Version 003.3,
March 30, 2020);
(10) WEQ-008, Transmission Loading Relief (TLR)--Eastern
Interconnection (WEQ Version 003.3, March 30, 2020);
(11) WEQ-011, Gas/Electric Coordination (WEQ Version 003.3, March
30, 2020);
(12) WEQ-012, Public Key Infrastructure (PKI) (WEQ Version 003.3,
March 30, 2020);
(13) WEQ-013, Open Access Same-Time Information Systems (OASIS)
Implementation Guide, (WEQ Version 003.3, March 30, 2020);
(14) WEQ-015, Measurement and Verification of Wholesale Electricity
Demand Response (WEQ Version 003.3, March 30, 2020);
(15) WEQ-021, Measurement and Verification of Energy Efficiency
Products (WEQ Version 003.3, March 30, 2020);
(16) WEQ-022, Electric Industry Registry (WEQ Version 003.3, March
30, 2020); and
(17) WEQ-023, Modeling (WEQ Version 003.3, March 30, 2020).
PART 154--RATE SCHEDULES AND TARIFFS
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9. The authority citation for part 154 continues to read as follows:
Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.
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10. In Sec. 154.4, paragraph (c) is revised to read as follows:
Sec. 154.4 Electronic filing of tariffs and related materials.
* * * * *
[[Page 74031]]
(c) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available through the
Commission's website, https://www.ferc.gov.
* * * * *
PART 250--FORMS
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11. The authority citation for part 250 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352;
28 U.S.C. 2461 note.
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12. In Sec. 250.16, paragraphs (c)(3) and (d)(2) are revised to read
as follows:
Sec. 250.16 Format of compliance plan for transportation services and
affiliate transactions.
* * * * *
(c) * * *
(3) The log of affiliate and non-affiliate information must be
provided to the Commission upon request and must be made available to
the public under 18 CFR part 385, subpart D. When requested by the
Commission, the information must be provided, within a reasonable time,
according to the specifications and format contained in Form No. 592,
which can be obtained on the Commission's website, https://www.ferc.gov.
(d) * * *
(2) The discount information must be made available to the
Commission upon request and to the public under 18 CFR part 385,
subpart D. When requested by the Commission, the information must be
provided, within a reasonable time, according to the specifications and
format contained in Form No. 592, which can be obtained on the
Commission's website, https://www.ferc.gov.
* * * * *
PART 260--STATEMENTS AND REPORTS (SCHEDULES)
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13. The authority citation for part 260 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
0
14. In Sec. 260.1, paragraph (b)(4) is revised to read as follows:
Sec. 260.1 FERC Form No. 2, Annual report for Major natural gas
companies.
* * * * *
(b) * * *
(4) The form must be filed in electronic format only, as indicated
in the general instructions set out in that form. The format for the
electronic filing is available through the Commission's website,
https://www.ferc.gov. One copy of the report must be retained by the
respondent in its files.
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15. In Sec. 260.2, paragraph (b)(4) is revised to read as follows:
Sec. 260.2 FERC Form No. 2-A, Annual report for Nonmajor natural gas
companies.
* * * * *
(b) * * *
(4) The form must be filed in electronic format only, as indicated
in the General Instructions set out in that form. The format for the
electronic filing is available through the Commission's website,
https://www.ferc.gov. One copy of the report must be retained by the
respondent in its files.
PART 270--DETERMINATION PROCEDURES
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16. The authority citation for part 270 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301 et. seq.; 42 U.S.C. 7101 et
seq.; E.O. 12009, 3 CFR, 1978 Comp., p. 142.
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17. In Sec. 270.501, paragraph (a) is revised to read as follows:
Sec. 270.501 Publication of notice from jurisdictional agency.
* * * * *
(a) Upon receipt of a notice of determination by a jurisdictional
agency under Sec. 270.204, the Commission will send an acknowledgment
to the applicant and make the notice available through the Commission's
website, https://www.ferc.gov.
* * * * *
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18. In Sec. 270.502, paragraph (e) is revised to read as follows:
Sec. 270.502 Commission review of final determinations.
* * * * *
(e) Public notice. The Commission will publish notice of the
preliminary finding in the Federal Register and will post the notice on
the Commission's website, https://www.ferc.gov. The notice will set
forth the reasons for the preliminary finding.
* * * * *
PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES
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19. The authority citation for part 284 continues to read as follows:
Authority: 15 U.S.C. 717-717z, 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.
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20. In Sec. 284.12, paragraph (a)(2) is revised to read as follows:
Sec. 284.12 Standards for pipeline business operations and
communications.
(a) * * *
(2) The material listed in this paragraph (a)(2) is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at the Federal Energy Regulatory
Commission (the Commission) and at the National Archives and Records
Administration (NARA). Contact the Commission at: https://www.ferc.gov,
email [email protected], or via phone call at 202-502-8371.
For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations or email
[email protected]. The material may be obtained from the North
American Energy Standards Board, 801 Travis Street, Suite 1675,
Houston, TX 77002, Phone: (713) 356-0060; https://www.naesb.org/ org/.
* * * * *
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21. In Sec. 284.13, paragraph (c)(5) is revised to read as follows:
Sec. 284.13 Reporting requirements for interstate pipelines.
* * * * *
(c) * * *
(5) The requirements for the electronic index are available through
the Commission's website, https://www.ferc.gov.
* * * * *
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22. In Sec. 284.123, paragraph (f)(3) is revised to read as follows:
Sec. 284.123 Rates and charges.
* * * * *
(f) * * *
(3) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available through the
Commission's website, https://www.ferc.gov.
* * * * *
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23. In Sec. 284.221, paragraph (b)(1) is revised to read as follows:
Sec. 284.221 General rule; transportation by interstate pipelines on
behalf of others.
* * * * *
(b) * * *
(1) An application for a blanket certificate under this section
must be filed electronically. The format for the electronic application
filing available through the Commission's website, https://www.ferc.gov, and must include:
(i) The name of the interstate pipeline; and
[[Page 74032]]
(ii) A statement by the interstate pipeline that it will comply
with the conditions in paragraph (c) of this section.
* * * * *
PART 292--REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC
UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER
PRODUCTION AND COGENERATION
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24. The authority citation for part 292 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.
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25. In Sec. 292.210, paragraph (e)(1) is revised to read as follows:
Sec. 292.210 Petition alleging commitment of substantial monetary
resources before October 16, 1986.
* * * * *
(e) * * *
(1) The Commission will issue a notice of the petition filed under
this section and publish the notice in the Federal Register. The
petition will be available to inspect or to download on the
Commission's website, https://www.ferc.gov.
* * * * *
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26. In Sec. 292.211, paragraph (h)(1) is revised to read as follows:
Sec. 292.211 Petition for initial determination on whether a project
has a substantial adverse effect on the environment (AEE petition).
* * * * *
(h) * * *
(1) The Commission will issue notice of the mitigative measures
filed by an applicant under paragraph (g)(2) of this section and will
publish the notice in the Federal Register. The mitigative measures
will be on file and available to inspect or to download on the
Commission's website, https://www.ferc.gov.
* * * * *
PART 341--OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO
SECTION 6 OF THE INTERSTATE COMMERCE ACT
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27. The authority citation for part 341 continues to read as follows:
Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27.
0
28. In Sec. 341.1, paragraph (c) is revised to read as follows:
Sec. 341.1 Electronic filing of tariffs and related materials.
* * * * *
(c) Format requirements for electronic filing. The requirements and
formats for electronic filing are listed in instructions for electronic
filing and for each form. These formats are available through the
Commission's website, https://www.ferc.gov.
* * * * *
PART 357--ANNUAL SPECIAL OR PERIODIC REPORTS: CARRIERS SUBJECT TO
PART I OF THE INTERSTATE COMMERCE ACT
0
29. The authority citation for part 357 continues to read as follows:
Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C.
1-85 (1988).
0
30. In Sec. 357.3, paragraph (c) is revised to read as follows:
Sec. 357.3 FERC Form No. 73, Oil Pipeline Data for Depreciation
Analysis.
* * * * *
(c) What to submit. The format and data which must be submitted are
prescribed in FERC Form No. 73, Oil Pipeline Data for Depreciation
Analysis, available for review on the Commission's website https://www.ferc.gov.
PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL
POLICY ACT
0
31. The authority citation for part 380 continues to read as follows:
Authority: 42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR,
1978 Comp., p. 142.
0
32. In Sec. 380.9, paragraph (b) is revised to read as follows:
Sec. 380.9 Public availability of NEPA documents and public notice of
NEPA related hearings and public meetings.
* * * * *
(b) The Commission will make environmental impact statements,
environmental assessments, the comments received, and any underlaying
documents available to the public pursuant to the provisions of the
Freedom of Information Act (5 U.S.C. 552 (1982)). The exclusion in the
Freedom of Information Act for interagency memoranda is not applicable
where such memoranda transmit comments of Federal agencies on the
environmental impact of the proposed action. Such materials will be
made available to the public through the Commission's website, https://www.ferc.gov, at a fee and in the manner described in part 388 of this
chapter. A copy of an environmental impact statement or environmental
assessment for hydroelectric projects may also be made available for
inspection at the Commission's regional office for the region where the
proposed action is located.
PART 385--RULES OF PRACTICE AND PROCEDURE
0
33. 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
34. In Sec. 385.203, paragraph (d) is revised to read as follows:
Sec. 385.203 Content of pleadings and tariff or rate filings (Rule
203).
* * * * *
(d) Form of notice. If a pleading or tariff or rate filing must
include a form of notice suitable for publication in the Federal
Register, the company shall submit the draft notice in accordance with
the form of notice specifications prescribed by the Secretary and
posted on the Commission's website under Filing Procedures at https://www.ferc.gov.
0
35. In Sec. 385.2011, paragraph (c)(4) is revised to read as follows:
Sec. 385.2011 Procedures for filing on electronic media (Rule 2011).
* * * * *
(c) * * *
(4) The formats for the electronic filing and the paper copy are
available through the Commission's website, https://www.ferc.gov.
* * * * *
PART 388--INFORMATION AND REQUESTS
0
36. The authority citation for part 388 continues to read as follows:
Authority: 5 U.S.C. 301-305, 551, 552 (as amended), 553-557; 42
U.S.C. 7101-7352; 16 U.S.C. 824(o l).
0
37. In Sec. 388.105, paragraph (a) is revised to read as follows:
Sec. 388.105 Procedures for press, television, radio, and
photographic coverage.
(a) The Commission issues news releases on major applications,
decisions, opinions, orders, rulemakings, new publications, major
personnel changes, and other matters of general public interest.
Releases are issued by and available to the media from the Office of
External Affairs. Releases may be obtained through the Commission's
website, https://www.ferc.gov.
* * * * *
[[Page 74033]]
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38. In Sec. 388.106, the section heading, paragraph (a), and paragraph
(b) introductory text are revised to read as follows:
Sec. 388.106 Requests for Commission records available from the
Commission's website, https://www.ferc.gov.
(a) Publicly available documents may be obtained electronically
from the Commission's website, https://www.ferc.gov, or by requesting
them from the [email protected] by reasonably describing
the records sought. Additional information on charges and services is
available on the website.
(b) The public records of the Commission that are available for
inspection and copying upon request via the Commission's website,
include:
* * * * *
0
39. In Sec. 388.108, the section heading and paragraphs (a)(1)
introductory text and (b)(1)(i) are revised to read as follows:
Sec. 388.108 Requests for Commission records not available from the
Commission's website, https://www.ferc.gov.
(a) * * *
(1) Except as provided in paragraph (a)(2) of this section, a
person may request access to Commission records, including records
maintained in electronic format, that are not available through the
Commission's website, https://www.ferc.gov, by using the following
procedures:
* * * * *
(b) * * *
(1) * * *
(i) Track One--records that are readily identifiable and were
previously cleared for release (including those subject to multiple
requests and placed on https://www.ferc.gov);
* * * * *
0
40. In Sec. 388.109, paragraph (a) and paragraph (b) introductory text
are revised to read as follows:
Sec. 388.109 Fees for record requests.
(a) Fees for records available through the Commission's website.
(1) The fee for finding and duplicating records available from the
Commission's website, https://www.ferc.gov, will vary depending on the
size and complexity of the request. A person can obtain a copy of the
schedule of fees from the Commission's website, https://www.ferc.gov.
In addition, copies of data extracted from the Commission's files
through electronic media are available on a reimbursable basis, upon
written request to the Commission.
(2) Stenographic reports of Commission hearings are made by a
private contractor. Interested persons may obtain copies of public
hearing transcripts from the contractor at prices set in the contract,
or through the search and duplication service noted above. Copies of
the contract are available for public inspection on the Commission's
website, https://www.ferc.gov.
(b) Fees for records not available through the Commission's website
(FOIA or CEII requests). The cost of duplication of records not
available from the Commission's website, https://www.ferc.gov, will
depend on the number of documents requested, the time necessary to
locate the documents requested, and the category of the persons
requesting the records. The procedures for appeal of denial of requests
for fee waiver or reduction are set forth in Sec. 388.110.
* * * * *
0
41. In Sec. 388.110, the section heading is revised to read as
follows:
Sec. 388.110 Procedure for appeal of denial of requests for
Commission records not publicly available, denial of requests for fee
waiver or reduction, and denial of requests for expedited processing.
* * * * *
[FR Doc. 2023-23587 Filed 10-27-23; 8:45 am]
BILLING CODE 6717-01-P
