[Federal Register Volume 62, Number 6 (Thursday, January 9, 1997)]
[Rules and Regulations]
[Pages 1281-1284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-380]
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FEDERAL ENERGY REGULATORY COMMISSION
18 CFR Parts 33, 34, 35, 36, 292 and 300
[Docket No. RM96-16-000; Order No. 593]
Revision of Form of Notice Requirements; Final Rule
Issued January 2, 1997.
Agency: Federal Energy Regulatory Commission.
Action: Final rule.
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Summary: The Federal Energy Regulatory Commission is revising the form
of notice requirements applicable to filings under several parts of its
regulations. The final rule establishes requirements for submitting
diskette copies of the notices of filing for the Federal Register, in
addition to the paper copies currently required, in order to speed the
process of noticing such filings. In addition, the final rule makes a
minor correction to the regulations being revised, to delete a
reference to filing fees.
Effective Date: This final rule is effective on February 10, 1997.
For Further Information Contact:
L. Jorn Dakin, (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First St. NE., Washington,
D.C. 20426, (202) 208-2172
Michael Miller, (Technical Information), Office of Executive Director,
Federal Energy Regulatory Commission, 888 First St. NE., Washington,
D.C. 20426, (202) 208-1415.
Supplementary Information: In addition to publishing the full text of
this document in the Federal Register, the Commission also provides all
interested persons an opportunity to inspect or copy the contents of
this document during normal business hours in the Public Reference Room
at 888 First Street N.E., Washington, DC 20426.
The Commission Issuance Posting System (CIPS), an electronic
bulletin board service, provides access to the texts of formal
documents issued by the Commission. CIPS is available at no charge to
the user and may be accessed using a personal computer with a modem by
dialing 202-208-1397, if dialing locally, or 1-800-856-3920 if dialing
long distance. CIPS is also available on the Internet through the
FedWorld System (by modem or Internet). To access CIPS, set your
communications software to 19200, 14400, 12000, 9600, 7200, 4800, 2400
or 1200 bps, full duplex, no parity, 8 data bits and 1 stop bit. The
full text of this order will be available on CIPS in ACSII and
WordPerfect 5.1 format. The complete text on diskette in WordPerfect
format may also be purchased from the Commission's copy contractor, La
Dorn Systems Corporation, also located in the Public Reference Room at
888 First Street N.E., Washington, DC 20426.
I. Introduction
The Federal Energy Regulatory Commission is revising the form of
notice requirements for filings under Parts 33, 34, 35, 36, 292 and 300
of the Commission's regulations.1 The revised requirements provide
that an electronic version, in addition to the paper copy, of the draft
notice of filing (in either ASCII text, WordPerfect 5.1 for DOS or
WordPerfect 5.2 for Windows format) be submitted on a 3\1/2\''
diskette. This diskette is to be a part of the filing. In addition, all
entities submitting filings for which there is not a requirement of a
draft notice (but for which the entity expects the Commission to issue
a notice) are encouraged to provide a draft notice in the same fashion
as set out in these revised regulations. Finally, a reference to filing
fees under Part 33 of the regulations, in the caption and text of 18
CFR 33.2, will be deleted. The Commission no longer charges filing fees
for applications under Part 33.
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\1\ 18 CFR Parts 33, 34, 35, 36, 292, and 300.
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II. Public Reporting Burden
The final rule, if adopted, would amend reporting requirements, but
would result in insignificant changes to the reporting burden. In the
long term, the Commission's switch to electronic filing should result
in further reductions in reporting burden and savings to the entities
that make such filings. These reporting requirements are associated
with the following data collections:
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Hrs. per
Data collection CFR Respondents Frequency Responses filing Total
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FERC-516...................................... Part 35............................... 328 2.97 975 901 878,500
[[Page 1282]]
FERC-519...................................... Part 33............................... 30 1 30 80 2,400
FERC-523...................................... Part 34............................... 60 1 60 110 6,600
FERC-556...................................... Part 292.............................. 332 1 332 \1\ 6 2,047
FERC-716A..................................... Part 36............................... 20 1 20 5 100
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\1\ Rounded off.
To send comments regarding the burden estimates or other aspects of
these collections of information, including suggestions for reducing
burdens, please direct them to the contacts listed under ``Information
Collection Statement.''
Data Collection/Requirement Costs: The Commission believes that
there will be minimal cost to implement these requirements. The
Commission believes that the vast majority of filing entities are
currently preparing these draft notices in electronic form as a
preliminary to preparing paper copies of the draft notices, and many
filing entities are already voluntarily providing draft notices in
electronic form. The Commission is merely formalizing an existing
business practice.
Internal Review: The Commission has reviewed in general the
requirements and determined that they are necessary to expedite the
process of preparing and publishing notices of filings. The
requirements conform to the Commission's plan for efficient information
collection, communication and respond to the requirements of the
Paperwork Reduction Act of 1995 (P.L. 104-13) and the Office of
Management and Budget's implementing regulations in 5 CFR 1320 to
minimize the burden on those who are to respond through the use of the
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology. The
Commission has assured itself, by means of internal review, that there
is specific, objective support for the burden estimates associated with
the information collection requirements established in this final rule.
III. Background
Under various provisions of Parts 33, 34, 35, 36, 292, and 300 of
the Commission's regulations, an applicant must file a draft notice of
filing for publication in the Federal Register. In this final rule, the
Commission is revising the applicable specific sections of its
regulations to require that the filing entity submit its draft notice
on paper and in electronic form, on a separate 3\1/2\'' diskette,
either in ASCII text, WordPerfect 5.1 for DOS or WordPerfect 5.2 for
Windows format, marked with the name of the applicant and the words
``Notice of Filing.'' This revision of the notice requirements in
specific provisions of Parts 33, 34, 35, 36, 292, and 300 will enable
the Commission to accelerate the process by which notice of filings is
provided through publication in the Federal Register and, especially,
through the Commission Issuance Posting System (CIPS), an electronic
bulletin board service that requires that text be in ASCII text format
in order for it to provide electronic access to the text information.
In this final rule, the Commission is also deleting a reference to
filing fees in Part 33 of its regulations. The Commission no longer
requires filing fees for applications under Part 33, and so the
reference no longer is necessary.
IV. Regulatory Flexibility Act Certification
The Regulatory Flexibility Act (RFA) 2 generally requires a
description and analysis of final rules that will have significant
economic impact on a substantial number of small entities. Most, if not
all, of the applicants required to comply with this final rule are
entities which do not fall within the RFA's definition of small entity.
Further, most, if not all, of these entities already have this material
in electronic form and therefore, forwarding a diskette to the
Commission would not be an additional burden.
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\2\ 5 U.S.C. 601-612.
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The Commission certifies that promulgating this rule does not
represent a major Federal action having a significant economic impact
on a substantial number of small entities. Therefore, no regulatory
flexibility analysis is required.
V. Information Collection Statement
The Office of Management and Budget's (OMB) regulations (5 CFR
1320.12) require that OMB approve certain information and recordkeeping
requirements. Since this order does not increase the reporting burden
and formally adopts current business practices, OMB approval will not
be requested for these collections of information. When the rule is
issued, the Commission will submit a copy to OMB for informational
purposes only.
Title:
FERC-516, Electric Rate Schedule Filings
FERC-519, Corporate Applications, Dispositions of Facilities,
Mergers and Acquisitions of Securities
FERC-523, Applications for Authorization of Issuance of Securities
FERC-556, Cogeneration and Small Power Production
FERC-716A, Application for Transmission Services Under Section 211
of the Federal Power Act
OMB Control No: The following OMB control numbers correspond to the
collections of information listed above: 1902-0096; 1902-0082; 1902-
0043; 1902-0075; and 1902-0168.
Failure to comply with this collection of information will not
result in a penalty, if you were unaware that a valid control number
assigned by the Office of Management and Budget must be displayed on
this collection of information.
Action: Proposed Data Collection Requirements
Respondents: Public utilities, small power production and
cogeneration facilities, and Federal Power Marketing Administrations.
Frequency of Responses: On Occasion
Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
888 First Street, N.E., Washington, D.C. 20426 [Attention: Michael
Miller (202) 208-1415, fax: (202) 273-0873] and to the Office of
Information and Regulatory Affairs of the Office of Management and
Budget, Washington, D.C. 20503 [Attention: Desk Officer for the Federal
Energy Regulatory Commission (202) 395-3087].
VI. National Environmental Policy Act Analysis
The Commission concludes that promulgating this rule does not
represent a major Federal action having significant adverse effect on
the human environment under the Commission's regulations implementing
the National
[[Page 1283]]
Environmental Policy Act.3 This rule is procedural in nature and
does not substantially change the effect of the regulation being
amended. Therefore, this rule falls within the categorical exemptions
provided in the Commission's regulations.4 Consequently, neither
an environmental impact statement nor an environmental assessment is
required.
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\3\ 42 U.S.C. 4332.
\4\ 18 CFR 380.4(a)(2)(ii).
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VII. Administrative Findings and Effective Date
This final rule is a matter of agency organization, procedure, or
practice. Since this rule does not itself alter the substantive rights
or interests of any interested persons, prior notice and comment are
unnecessary under Section 4 of the Administrative Procedure Act.5
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\5\ 5 U.S.C. 553(b).
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This final rule is effective February 10, 1997.
VIII. Congressional Notification
The Small Business Regulatory Enforcement Fairness Act of 1996
requires agencies to report to Congress on the promulgation of certain
final rules prior to their effective dates.6 That reporting
requirement does not apply to this final rule because it falls within a
statutory exception for rules relating to agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties.7
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\6\ Pub. L. No. 104-121, 110 Stat. 847 (1996).
\7\ Pub. L. No. 104-121, 110 Stat. 847, 804(3)(C) (1996).
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List of Subjects in 18 CFR Parts 33, 34, 35, 36, 292 and 300
Electricity, Reporting and recordkeeping requirements.
By the Commission.
Lois D. Cashell,
Secretary.
In consideration of the foregoing, the Commission amends Parts 33,
34, 35, 36, 292, and 300, Chapter I, Title 18, Code of Federal
Regulations, as set forth below.
PART 33--APPLICATION FOR SALE, LEASE, OR OTHER DISPOSITION, MERGER
OR CONSOLIDATION OF FACILITIES, OR FOR PURCHASE OR ACQUISITION OF
SECURITIES OF A PUBLIC UTILITY
1. The authority citation for Part 33 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.
2. In Sec. 33.2, the section heading, introductory text and
paragraph (l) are revised to read as follows:
Sec. 33.2 Contents of application.
Each such applicant shall set forth in its application to the
Commission, in the manner and form and in the order indicated, the
following information which should insofar as possible be furnished as
to said applicant and each company whose facilities or securities are
involved:
* * * * *
(l) A form of notice suitable for publication in the Federal
Register, as well as a copy of the same notice in electronic format (in
either ASCII text, WordPerfect 5.1 for DOS or WordPerfect 5.2 for
Windows format) on a 3\1/2\'' diskette marked with the name of the
applicant and the words ``Notice of Filing,'' which will briefly
summarize the facts contained in the application in such way as to
acquaint the public with its scope and purpose.
PART 34--APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF
SECURITIES OR THE ASSUMPTION OF LIABILITIES
1. The authority citation for Part 34 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.
2. In Sec. 34.3, paragraph (k) is revised to read as follows:
Sec. 34.3 Contents of application for issuance of securities.
* * * * *
(k) A form of notice suitable for publication in the Federal
Register, as well as a copy of the same notice in electronic format (in
either ASCII text, WordPerfect 5.1 for DOS or WordPerfect 5.2 for
Windows format) on a 3\1/2\'' diskette marked with the name of the
applicant and the words ``Notice of Filing,'' setting forth:
(1) The legal name of the applicant;
(2) The securities offered for issuance including the proposed
issue date; and
(3) The comment procedure.
* * * * *
PART 35--FILING OF RATE SCHEDULES
1. 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.
2. In Sec. 35.8, the introductory text to paragraph (a) is revised
to read as follows:
Sec. 35.8 Comments by interested parties.
(a) Form of notice for Federal Register. The public utility shall
file a form of notice suitable for publication in the Federal Register,
as well as a copy of the same notice in electronic format (in either
ASCII text, WordPerfect 5.1 for DOS or WordPerfect 5.2 for Windows
format) on a 3\1/2\'' diskette marked with the name of the applicant
and the words ``Notice of Filing,'' which shall be in the following
form:
* * * * *
PART 36--RULES CONCERNING APPLICATIONS FOR TRANSMISSION SERVICES
UNDER SECTION 211 OF THE FEDERAL POWER ACT
1. The authority citation for Part 36 is revised to read as
follows:
Authority: 5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 31 U.S.C.
9701; 42 U.S.C. 7107-7352.
2. In Sec. 36.1, the first sentence of paragraph (b)(1) is revised
to read as follows:
Sec. 36.1 Notice provisions applicable to applications for
transmission services under section 211 of the Federal Power Act.
* * * * *
(b) * * *
(1) A form of notice suitable for publication in the Federal
Register, as well as a copy of the same statement in electronic format
(in either ASCII text, WordPerfect 5.1 for DOS or WordPerfect 5.2 for
Windows format) on a 3\1/2\'' diskette marked with the name of the
applicant and the words ``Notice of Filing.''
* * * * *
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
1. 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.
2. In Sec. 292.207, the first sentence of paragraph (b)(4)(i) is
revised to read as follows:
Sec. 292.207 Procedures for obtaining qualifying status.
* * * * *
(b) * * *
(4) Notice. (i) Applications for certification filed under
paragraph (b) of this section must include a form of notice of the
request for certification suitable for publication in the Federal
Register, as well as a copy of the same
[[Page 1284]]
notice in electronic format (in either ASCII text, WordPerfect 5.1 for
DOS or WordPerfect 5.2 for Windows format) on a 3\1/2\'' diskette
marked with the name of the applicant and the words ``Notice of
Filing.''
* * * * *
PART 300--CONFIRMATION AND APPROVAL OF THE RATES OF FEDERAL POWER
MARKETING ADMINISTRATIONS
1. The authority citation for Part 300 continues to read as
follows:
Authority: 16 U.S.C. 825s, 832-832l, 838-838k, 839-839h; 42
U.S.C. 7101-7352; 43 U.S.C. 485-485k.
2. In Sec. 300.10, paragraph (a)(1) is revised to read as follows:
Sec. 300.10 Application for confirmation and approval.
(a) General provisions--(1) Contents of filing. Any application
under this subpart for confirmation and approval of rate schedules must
include, as described in this section a letter of request for rate
approval, a form of notice suitable for publication in the Federal
Register, as well as a copy of the same notice in electronic format (in
either ASCII text, WordPerfect 5.1 for DOS or WordPerfect 5.2 for
Windows format) on a 3\1/2\'' diskette marked with the name of the
applicant and the words ``Notice of Filing,'' the rate schedule, a
statement of revenue and related costs, the order, if any, placing the
rates into effect on an interim basis, the Administrator's Record of
Decision or explanation of the rate development process, supporting
documents, a certification, and technical supporting information and
analysis.
* * * * *
[FR Doc. 97-380 Filed 1-8-97; 8:45 am]
BILLING CODE 6717-01-P
