[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30182]
[[Page Unknown]]
[Federal Register: December 8, 1994]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 385
[Docket No. RM95-2-000; Order No. 573]
Videotapes; Final Rule; Issued December 2, 1994
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending its Rules of Practice and Procedure by adopting a new rule to
clarify the procedures for the filing of videotapes. The Commission
will accept videotapes for filing if they depict some physical aspect
of an existing or proposed energy project and are accompanied by a
written statement identifying the subject matter.
EFFECTIVE DATE: January 9, 1995.
FOR FURTHER INFORMATION CONTACT: Barry Smoler, Office of the General
Counsel, Federal Energy Regulatory Commission, 825 N. Capitol Street,
N.E., Washington, D.C. 20426, (202) 208-1269.
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 Room 3104, 941 North
Capitol Street, N.E., Washington, D.C. 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. To access CIPS, set your communications
software to use 300, 1200, or 2400 bps, full duplex, no parity, 8 data
bits, and 1 stop bit. CIPS can also be accessed at 9600 bps by dialing
(202) 208-1781. The full text of this rule will be available on CIPS
for 30 days from the date of issuance. The complete text on diskette in
Wordperfect format may also be purchased from the Commission's copy
contractor, La Dorn Systems Corporation, located in Room 3104, 941
North Capitol Street NE., Washington, D.C. 20426.
Before Commissioners: Elizabeth Anne Moler, Chair; Vicky A. Bailey,
James J. Hoecker, William L. Massey, and Donald F. Santa, Jr.
Videotapes Docket No. RM95-2-000
ORDER NO. 573
FINAL RULE
(Issued December 2, 1994)
I. Introduction
The Federal Energy Regulatory Commission (Commission) is amending
its Rules of Practice and Procedure by adopting a new Sec. 385.2013 to
clarify the procedures for the filing of videotapes. The Commission
will accept videotapes for filing if they depict some physical aspect
of an existing or proposed energy project and are accompanied by a
written statement identifying the subject matter, as discussed below.
II. Background and Discussion
The Commission occasionally receives videotapes from persons who
participate in environmental scoping or review proceedings associated
with the licensing of hydroelectric projects, including the relicensing
of existing projects, amendments to licenses, and compliance
proceedings, etc. Such videotapes commonly depict the flow of water at
the project site, such as at a waterfall or during various flow
regimes. In the context of regulating natural gas pipelines, the
Commission occasionally receives videotapes of construction activities
as part of an informal complaint.
The Commission recognizes that there are situations in which visual
imaging may portray physical attributes of an energy project site more
effectively than verbal description. This is particularly true with
respect to evaluating the aesthetic attributes of flowing water.
Therefore, under appropriate circumstances the Commission has accepted
videotapes for filing. The final rule adopted today merely confirms
that existing practice and clarifies the procedures associated with it.
Any person may file a videotape if it visually depicts some
physical aspect of a proposed or existing energy project, including
activities or events associated with the project site. In the interest
of protecting the rights of all potentially affected persons and
parties, and to protect the integrity of the Commission's decisional
processes, all such filings must be accompanied by a written statement
that identifies the place or places at which the videotape was filmed,
the dates and times at which it was filmed, who filmed it, and what it
purports to portray or depict. This will enable both the Commission and
potentially affected entities to better evaluate the videotaped
material, such as the extent to which the material portrayed may be
either typical or aberrational. Persons who file videotapes are also
strongly encouraged to provide this information in narrative, voice-
over form on the videotape itself.
If the person who files the videotape is also a formal party to the
proceeding (either as an applicant under Sec. 385.204 or an intervenor
under Sec. 385.214), it must serve copies of the videotape on all of
the other parties to the proceeding. The Commission notes, in this
regard, that interested persons who have not intervened as a party to a
proceeding are routinely afforded the opportunity to submit written
material in conjunction with the preparation of environmental impact
statements and environmental assessments, and that such persons are not
required to serve copies of that material on any other person, nor does
the Commission issue notice of its receipt. Videotapes are being
accorded comparable treatment, and they will be placed in the
appropriate public file, if any.1
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\1\In the case of informal complaints that are resolved
informally, there may not be a formal docket or public file.
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The Commission notes that its staff often uses videotapes to
supplement its own internal data, with respect to both environmental
and compliance functions. Such videotaping often occurs during routine
monitoring of safety at project sites, or to provide visual context to
staff notes or their internal work product, often under circumstances
in which there is no suggestion of adverse safety or environmental
impact. Those videotapes will not be placed in a public file. In
instances, however, in which the Commission staff subsequently
determines that a videotape may be necessary to a decision in a
proceeding, the Commission will place a copy of the videotape in an
appropriate public file and will issue a public notice of its contents
and availability.2 Such videotapes would most commonly involve
views of flowing water, but might portray damage to the environment or
to project works. The notice will indicate how and where the videotape
may be viewed or a copy obtained.
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\2\The Commission may also issue such notice with respect to
such a potentially significant videotape that has been filmed and
filed by someone other than the staff.
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III. Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1990 (RFA)3 generally
requires a description and analysis of final rules that will have a
significant economic impact on a substantial number of small
entities.4 Pursuant to section 605(b) of the RFA, the Commission
hereby certifies that this rule will not have a significant economic
impact on a substantial number of small entities.
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\3\5 U.S.C. 601-602.
\4\Section 601(c) of the RFA defines a ``small entity'' as a
small business, a small not-for-profit enterprise, or a small
governmental jurisdiction. A ``small business'' is defined by
reference to section 3 of the Small Business Act as an enterprise
which is ``independently owned and operated and which is not
dominant in its field of operation.'' 15 U.S.C 632(a).
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IV. Environmental Statement
Issuance of this rule does not represent a major federal action
having a significant adverse effect on the human environment under the
Commission regulations implementing the National Environmental Policy
Act.5 This rule is procedural and thus falls within the
categorical exemptions provided in the Commission's regulations.
Neither an environmental impact statement nor an environmental
assessment is required.6
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\5\See Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. (Regulations Preambles 1986-1990) 30,783 (Dec. 10, 1987)
(codified at 18 CFR Part 380).
\6\See 18 CFR 380.4(a)(2)(ii).
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V. Information Collection Statement
Office of Management and Budget (OMB) regulations require that OMB
approve certain information collection requirements imposed by agency
rule.7 This final rule contains no information collection
requirements and is not subject to OMB approval. The rule merely
provides procedures for persons who voluntarily choose to submit
videotapes to the Commission.
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\7\5 CFR Part 1320.
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VI. Administrative Findings and Effective Date
This final rule is purely procedural in nature. Prior notice and
comment under section 4 of the Administrative Procedure Act8 are
therefore unnecessary. This final rule is effective January 9, 1995.
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\8\5 U.S.C. 553(b).
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List of Subjects in 18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
By the Commission.
Lois D. Cashell,
Secretary.
In consideration of the foregoing, the Commission amends Part 385
of Chapter I, Title 18, Code of Federal Regulations, as set forth
below.
PART 385--RULES OF PRACTICES AND PROCEDURE
1. The authority citation for Part 385 is revised to read as
follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352; 49
U.S.C. 60502; 49 App. U.S.C. 1-85.
2. A new Sec. 385.2013 is added, to read as follows:
Sec. 385.2013 Videotapes (Rule 2013).
Any person may file a videotape that portrays the site of, or some
physical aspect of, an energy project, such as a waterfall or flood
waters at the site of an existing or proposed hydroelectric project, or
construction activities at the site of a natural gas pipeline. The
filing must include a written statement describing the place, date, and
time at which the videotape was filmed, who filmed it, what it purports
to depict, and the caption and docket number of the proceeding (if any)
in which it is to be filed. Any person who files a videotape and who is
also a party (either as an applicant or as an intervenor) to a docketed
proceeding in which the videotape is filed must file four copies of the
videotape with the Commission's Secretary, in VHS format with voice-
over or pictorial inclusion of the data contained in the accompanying
written statement, serve copies of the videotape on all of the other
parties to the proceeding, and include a certificate of service with
the filing.
[FR Doc. 94-30182 Filed 12-7-94; 8:45 am]
BILLING CODE 6717-01-P
