80_FR_15757 80 FR 15700 - Revised Exhibit Submission Requirements for Commission Hearings

80 FR 15700 - Revised Exhibit Submission Requirements for Commission Hearings

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 57 (March 25, 2015)

Page Range15700-15702
FR Document2015-06694

The Commission proposes to amend Rule 508 of the Commission's Rules of Practice and Procedure to eliminate the requirement that participants in Commission trial-type evidentiary hearings must provide paper copies of all exhibits introduced as evidence. The Proposed Rule will facilitate a shift toward electronic hearing procedures which should improve the efficiency and administrative convenience of the Commission hearing process, reduce the burden and expense associated with paper exhibits, and facilitate the compilation and transmittal of the hearing record to the Commission in electronic format.

Federal Register, Volume 80 Issue 57 (Wednesday, March 25, 2015)
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15700-15702]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06694]


=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM15-5-000]


Revised Exhibit Submission Requirements for Commission Hearings

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission proposes to amend Rule 508 of the Commission's 
Rules of Practice and Procedure to eliminate the requirement that 
participants in Commission trial-type evidentiary hearings must provide 
paper copies of all exhibits introduced as evidence. The Proposed Rule 
will facilitate a shift toward electronic hearing procedures which 
should improve the efficiency and administrative convenience of the 
Commission hearing process, reduce the burden and expense associated 
with paper exhibits, and facilitate the compilation and transmittal of 
the hearing record to the Commission in electronic format.

DATES: Comments are due May 26, 2015.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways:
     Electronic Filing through http://www.ferc.gov. Documents 
created electronically using word processing software should be filed 
in native applications or print-to-PDF format and not in a scanned 
format.
     Mail/Hand Delivery: Those unable to file electronically 
may mail or hand-deliver comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT: Karin Herzfeld, Office of the General 
Counsel, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426, Telephone: (202) 502-8459.

SUPPLEMENTARY INFORMATION: 

Table of Contents

 
                                                              Paragraph
                                                               numbers
 
I. Background..............................................           2.
II. Discussion.............................................           4.
III. Information Collection Statement......................           7.
IV. Environmental Analysis.................................           8.
V. Regulatory Flexibility Act..............................           9.
VI. Comment Procedures.....................................          11.
VII. Document Availability.................................          15.
 

    1. The Commission is proposing to amend Rule 508 of the 
Commission's Rules of Practice and Procedure \1\ to eliminate the 
requirement that participants in Commission trial-type evidentiary 
hearings must provide paper copies of all exhibits introduced as 
evidence. The Commission proposes to amend section 385.508 of the 
Commission's regulations by removing paragraph (a)(2) and redesignating 
paragraph (a)(3) as paragraph (a)(2). While still retaining the option 
to provide exhibits in paper form, the proposed rule will facilitate a 
shift toward electronic hearing procedures which should improve the 
efficiency and administrative convenience of the Commission hearing 
process, reduce the burden and expense associated with paper exhibits, 
and facilitate the compilation and transmittal of the hearing record to 
the Commission in electronic format.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.508.
---------------------------------------------------------------------------

I. Background

    2. The Federal government has set a goal to substitute electronic 
means of communication and information storage for paper. For example, 
the Government Paperwork Elimination Act directed agencies to provide 
for the optional use and acceptance of electronic documents and 
signatures, and electronic record-keeping, where practical.\2\ 
Similarly, the Office of Management and Budget (OMB) Circular A-130 
required agencies to use electronic information collection techniques, 
where such means will reduce the burden on the public, increase 
efficiency, reduce costs, and help provide better service.
---------------------------------------------------------------------------

    \2\ 44 U.S.C. 3504.
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    3. On September 21, 2000, the Commission issued Order No. 619, 
which implemented the use of the Internet for submission of certain 
documents to the Commission for filing.\3\ The eFiling system plays an 
important role in the Commission's efforts to comply with the 
Government Paperwork Elimination Act's requirement that agencies 
provide the option to submit information electronically, when 
practicable, as a substitute for paper.\4\ Filing via the Internet is 
optional for eligible documents.\5\ Since issuing Order No. 619, the 
Commission has greatly expanded its ability to accept electronically 
filed material, including interventions, protests, rehearings, 
complaints, and applications for certificates and licenses.\6\ In 2008, 
the Commission further implemented a system for electronic tariff 
filing.\7\ Consistent with these prior efforts to provide electronic 
filing options, the Commission is proposing to eliminate the 
requirement that all exhibits introduced at Commission hearings must be 
provided in paper form.
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    \3\ Electronic Filing of Documents, Order No. 619, 65 FR 57088 
(Sept. 21, 2000), FERC Stats. & Regs. ]31,107 (2000).
    \4\ 44 U.S.C. 3504.
    \5\ 18 CFR 385.2001(a).
    \6\ See Electronic Registration, Order No. 891, 67 FR 52,406 
(Aug. 12, 2002), FERC Stats. & Regs. ] 31,132 (2002); Electronic 
Filing of FERC Form 1, and Elimination of Certain Designated 
Schedules in Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093 (May 
23, 2002), FERC Stats. & Regs. ] 31,130 (2002); Electronic Service 
of Documents, 66 FR 50,591 (Oct. 4, 2001), FERC Stats. & Regs. ] 
35,539 (2001); Revised Public Utility Filing Requirements, Order No. 
2001, 67 FR 31,043 (May 8, 2002), FERC Stats. & Regs. ] 31,127 
(2002); Filing Via the Internet, Order No. 703, 72 FR 65,659 (Nov. 
23, 2007), FERC Stats. & Regs. ] 31,259 (2007).
    \7\ Electronic Tariff Filings, Order No. 714, FERC Stats. & 
Regs. ] 31,276 (2008).
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II. Discussion

    4. Section 385.508 of the Commission's regulations currently 
requires that ``[a]ny participant who seeks to have an exhibit admitted 
into evidence must provide one copy of the

[[Page 15701]]

exhibit to the presiding officer and two copies to the reporter, not 
later than the time that the exhibit is marked for identification.'' 
\8\ Under current practice, the court reporter assigns Exhibit Numbers 
to the paper copies and provides the paper copies to the Commission's 
Docket Branch to be scanned into the Commission's eLibrary system. 
Copies of all exhibits and motions that are not pre-filed must also be 
provided to all participants at the hearing.\9\
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    \8\ 18 CFR 385.508(2).
    \9\ 18 CFR 385.510(d).
---------------------------------------------------------------------------

    5. The administrative law judges recently adopted a revised 
practice for handling exhibits and creating the Exhibit List that 
removes the need for providing paper copies at the hearing. Under this 
policy, within seven days of the end of the hearing, participants must 
file (via eFiling) a ``Joint Exhibit List'' and each sponsoring party 
must file (via eFiling) the ``Official Copies'' of each exhibit that 
was offered into evidence and admitted or rejected.\10\ Thus, it is no 
longer necessary or efficient to require all participants to provide 
the presiding judge and court reporter with paper copies of each 
exhibit introduced at the hearing.
---------------------------------------------------------------------------

    \10\ See Notice to the Public, Procedures for Handling Exhibits 
and Developing the Electronic Hearing Record (issued December 12, 
2014), http://www.ferc.gov/media/headlines/2014/2014-4/12-12-14-notice.pdf.
    All electronically-filed exhibits must comply with eFiling file 
format requirements. See Filing Via the Internet, Order No. 703, 
FERC Stats. & Regs. ] 31,259 at P 33.
    For exhibits that have not previously been provided to the 
participants, such exhibits must still be provided to the 
participants at the hearing. See 18 CFR 385.510(d).
---------------------------------------------------------------------------

    6. The Commission therefore proposes to eliminate the requirement 
that participants provide one paper copy of each exhibit to the 
presiding officer and two paper copies to the court reporter.\11\ The 
proposed rule represents a continuation of the Commission's efforts to 
implement the goal of substituting electronic means of communication 
and information storage for paper means. The proposed rule should save 
resources because participants will no longer be required to make 
multiple paper copies of all exhibits that they intend to submit into 
evidence. The proposed rule also will facilitate the presiding judge's 
compilation and transmittal of the hearing record to the Commission in 
electronic format.
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    \11\ Most participants file pre-filed testimony and exhibits 
electronically via the eFiling system before the hearing. The 
presiding judge in each case will continue to determine how 
participants exchange exhibits brought to the hearing. See 18 CFR 
385.504(b)(1), (4).
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III. Information Collection Statement

    7. Certain collections of information are subject to review by the 
Office of Management and Budget (OMB) under section 3507(d) of the 
Paperwork Reduction Act of 1995 (PRA).\12\ OMB's regulations require 
OMB to approve certain information collection requirements imposed by 
agency rule.\13\ This Proposed Rule does not contain any information 
collection requirements, as defined under section 3502(3) of the PRA, 
and compliance with the OMB regulations is thus not required.
---------------------------------------------------------------------------

    \12\ 44 U.S.C. 3507(d).
    \13\ 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.\14\ This 
action has been categorically excluded under section 380.4(a)(2)(ii), 
addressing procedural rules.\15\
---------------------------------------------------------------------------

    \14\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 
Preambles 1986-1990 ] 30,783 (1987).
    \15\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act

    9. The Regulatory Flexibility Act of 1980 (RFA) \16\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities. 
This Notice of Proposed Rulemaking (NOPR) concerns procedural matters 
and, if adopted, is expected to reduce the burden and expense 
associated with paper exhibits and improve the efficiency and 
administrative convenience of the Commission hearing process.
---------------------------------------------------------------------------

    \16\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

    10. Accordingly, the Commission certifies that this NOPR, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities. An analysis under the RFA is not required.

VI. Comment Procedures

    11. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due May 26, 2015. Comments must refer to 
Docket No. RM15-5-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments.
    12. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    13. Commenters that are not able to file comments electronically 
must send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    14. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

VII. Document Availability

    15. 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 (http://www.ferc.gov) and 
in the Commission's Public Reference Room during normal business hours 
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, 
Washington, DC 20426.
    16. 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.
    17. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from the Commission's Online 
Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at 
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
public.referenceroom@ferc.gov.

    By direction of the Commission.

    Dated: March 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend 
Part 385, Chapter I, Title 18, Code of Federal Regulations, as follows.

[[Page 15702]]

PART 385--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for Part 385 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C. 792-828c, 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).

0
2. Section 385.508 is amended by revising paragraph (a) to read as 
follows:


Sec.  385.508  Exhibits (Rule 508).

    (a) General rules. (1) Except as provided in paragraphs (b) through 
(e) of this section, any material offered in evidence, other than oral 
testimony, must be offered in the form of an exhibit.
    (2) The presiding officer will cause each exhibit offered by a 
participant to be marked for identification.
* * * * *
[FR Doc. 2015-06694 Filed 3-24-15; 8:45 am]
 BILLING CODE 6717-01-P



                                                    15700                         Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules

                                                      Dated: March 19, 2015.                                                   SUMMARY:    The Commission proposes to                                      electronically using word processing
                                                    Christopher J. Kirkpatrick,                                                amend Rule 508 of the Commission’s                                          software should be filed in native
                                                    Secretary of the Commission.                                               Rules of Practice and Procedure to                                          applications or print-to-PDF format and
                                                    [FR Doc. 2015–06688 Filed 3–19–15; 04:15 pm]                               eliminate the requirement that                                              not in a scanned format.
                                                    BILLING CODE 6351–01–P
                                                                                                                               participants in Commission trial-type                                         • Mail/Hand Delivery: Those unable
                                                                                                                               evidentiary hearings must provide paper                                     to file electronically may mail or hand-
                                                                                                                               copies of all exhibits introduced as                                        deliver comments to: Federal Energy
                                                                                                                               evidence. The Proposed Rule will                                            Regulatory Commission, Secretary of the
                                                    DEPARTMENT OF ENERGY                                                       facilitate a shift toward electronic                                        Commission, 888 First Street NE.,
                                                                                                                               hearing procedures which should                                             Washington, DC 20426.
                                                    Federal Energy Regulatory                                                  improve the efficiency and                                                    Instructions: For detailed instructions
                                                    Commission                                                                 administrative convenience of the                                           on submitting comments and additional
                                                                                                                               Commission hearing process, reduce the                                      information on the rulemaking process,
                                                    18 CFR Part 385                                                            burden and expense associated with                                          see the Comment Procedures Section of
                                                                                                                               paper exhibits, and facilitate the                                          this document.
                                                    [Docket No. RM15–5–000]                                                    compilation and transmittal of the                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                               hearing record to the Commission in                                         Karin Herzfeld, Office of the General
                                                    Revised Exhibit Submission                                                 electronic format.
                                                    Requirements for Commission                                                                                                                            Counsel, Federal Energy Regulatory
                                                                                                                               DATES: Comments are due May 26, 2015.                                       Commission, 888 First Street NE.,
                                                    Hearings                                                                   ADDRESSES: Comments, identified by                                          Washington, DC 20426, Telephone:
                                                    AGENCY: Federal Energy Regulatory                                          docket number, may be filed in the                                          (202) 502–8459.
                                                    Commission, DOE.                                                           following ways:                                                             SUPPLEMENTARY INFORMATION:
                                                                                                                                  • Electronic Filing through http://
                                                    ACTION: Notice of proposed rulemaking.
                                                                                                                               www.ferc.gov. Documents created                                             Table of Contents

                                                                                                                                                                                                                                                                Paragraph
                                                                                                                                                                                                                                                                numbers

                                                    I. Background ..........................................................................................................................................................................................            2.
                                                    II. Discussion ..........................................................................................................................................................................................           4.
                                                    III. Information Collection Statement ....................................................................................................................................................                          7.
                                                    IV. Environmental Analysis ...................................................................................................................................................................                      8.
                                                    V. Regulatory Flexibility Act .................................................................................................................................................................                     9.
                                                    VI. Comment Procedures .......................................................................................................................................................................                     11.
                                                    VII. Document Availability ....................................................................................................................................................................                    15.


                                                       1. The Commission is proposing to                                       agencies to provide for the optional use                                    expanded its ability to accept
                                                    amend Rule 508 of the Commission’s                                         and acceptance of electronic documents                                      electronically filed material, including
                                                    Rules of Practice and Procedure 1 to                                       and signatures, and electronic record-                                      interventions, protests, rehearings,
                                                    eliminate the requirement that                                             keeping, where practical.2 Similarly, the                                   complaints, and applications for
                                                    participants in Commission trial-type                                      Office of Management and Budget                                             certificates and licenses.6 In 2008, the
                                                    evidentiary hearings must provide paper                                    (OMB) Circular A–130 required agencies                                      Commission further implemented a
                                                    copies of all exhibits introduced as                                       to use electronic information collection                                    system for electronic tariff filing.7
                                                    evidence. The Commission proposes to                                       techniques, where such means will                                           Consistent with these prior efforts to
                                                    amend section 385.508 of the                                               reduce the burden on the public,                                            provide electronic filing options, the
                                                    Commission’s regulations by removing                                       increase efficiency, reduce costs, and                                      Commission is proposing to eliminate
                                                    paragraph (a)(2) and redesignating                                         help provide better service.                                                the requirement that all exhibits
                                                    paragraph (a)(3) as paragraph (a)(2).                                         3. On September 21, 2000, the                                            introduced at Commission hearings
                                                    While still retaining the option to                                        Commission issued Order No. 619,                                            must be provided in paper form.
                                                    provide exhibits in paper form, the                                        which implemented the use of the
                                                                                                                               Internet for submission of certain                                          II. Discussion
                                                    proposed rule will facilitate a shift
                                                    toward electronic hearing procedures                                       documents to the Commission for                                                4. Section 385.508 of the
                                                    which should improve the efficiency                                        filing.3 The eFiling system plays an                                        Commission’s regulations currently
                                                    and administrative convenience of the                                      important role in the Commission’s                                          requires that ‘‘[a]ny participant who
                                                    Commission hearing process, reduce the                                     efforts to comply with the Government                                       seeks to have an exhibit admitted into
                                                    burden and expense associated with                                         Paperwork Elimination Act’s                                                 evidence must provide one copy of the
                                                    paper exhibits, and facilitate the                                         requirement that agencies provide the
                                                    compilation and transmittal of the                                         option to submit information                                                   6 See Electronic Registration, Order No. 891, 67

                                                                                                                                                                                                           FR 52,406 (Aug. 12, 2002), FERC Stats. & Regs.
                                                    hearing record to the Commission in                                        electronically, when practicable, as a                                      ¶ 31,132 (2002); Electronic Filing of FERC Form 1,
                                                    electronic format.                                                         substitute for paper.4 Filing via the                                       and Elimination of Certain Designated Schedules in
                                                                                                                               Internet is optional for eligible
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                                                                                                                           Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093
                                                    I. Background                                                              documents.5 Since issuing Order No.                                         (May 23, 2002), FERC Stats. & Regs. ¶ 31,130 (2002);
                                                                                                                                                                                                           Electronic Service of Documents, 66 FR 50,591 (Oct.
                                                       2. The Federal government has set a                                     619, the Commission has greatly                                             4, 2001), FERC Stats. & Regs. ¶ 35,539 (2001);
                                                    goal to substitute electronic means of                                                                                                                 Revised Public Utility Filing Requirements, Order
                                                                                                                                  2 44U.S.C. 3504.
                                                    communication and information storage                                         3 Electronic
                                                                                                                                                                                                           No. 2001, 67 FR 31,043 (May 8, 2002), FERC Stats.
                                                                                                                                              Filing of Documents, Order No. 619,                          & Regs. ¶ 31,127 (2002); Filing Via the Internet,
                                                    for paper. For example, the Government                                     65 FR 57088 (Sept. 21, 2000), FERC Stats. & Regs.                           Order No. 703, 72 FR 65,659 (Nov. 23, 2007), FERC
                                                    Paperwork Elimination Act directed                                         ¶31,107 (2000).                                                             Stats. & Regs. ¶ 31,259 (2007).
                                                                                                                                 4 44 U.S.C. 3504.                                                            7 Electronic Tariff Filings, Order No. 714, FERC
                                                      1 18   CFR 385.508.                                                        5 18 CFR 385.2001(a).                                                     Stats. & Regs. ¶ 31,276 (2008).



                                               VerDate Sep<11>2014         20:23 Mar 24, 2015         Jkt 235001       PO 00000       Frm 00004        Fmt 4702       Sfmt 4702      E:\FR\FM\25MRP1.SGM               25MRP1


                                                                          Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules                                             15701

                                                    exhibit to the presiding officer and two                III. Information Collection Statement                    12. The Commission encourages
                                                    copies to the reporter, not later than the                 7. Certain collections of information              comments to be filed electronically via
                                                    time that the exhibit is marked for                     are subject to review by the Office of                the eFiling link on the Commission’s
                                                    identification.’’ 8 Under current practice,             Management and Budget (OMB) under                     Web site at http://www.ferc.gov. The
                                                    the court reporter assigns Exhibit                      section 3507(d) of the Paperwork                      Commission accepts most standard
                                                    Numbers to the paper copies and                         Reduction Act of 1995 (PRA).12 OMB’s                  word processing formats. Documents
                                                    provides the paper copies to the                        regulations require OMB to approve                    created electronically using word
                                                    Commission’s Docket Branch to be                        certain information collection                        processing software should be filed in
                                                    scanned into the Commission’s eLibrary                  requirements imposed by agency rule.13                native applications or print-to-PDF
                                                    system. Copies of all exhibits and                      This Proposed Rule does not contain                   format and not in a scanned format.
                                                    motions that are not pre-filed must also                any information collection                            Commenters filing electronically do not
                                                    be provided to all participants at the                  requirements, as defined under section                need to make a paper filing.
                                                    hearing.9                                               3502(3) of the PRA, and compliance                       13. Commenters that are not able to
                                                                                                            with the OMB regulations is thus not                  file comments electronically must send
                                                       5. The administrative law judges
                                                                                                            required.                                             an original of their comments to:
                                                    recently adopted a revised practice for
                                                                                                                                                                  Federal Energy Regulatory Commission,
                                                    handling exhibits and creating the                      IV. Environmental Analysis                            Secretary of the Commission, 888 First
                                                    Exhibit List that removes the need for
                                                                                                              8. The Commission is required to                    Street NE., Washington, DC 20426.
                                                    providing paper copies at the hearing.                                                                           14. All comments will be placed in
                                                    Under this policy, within seven days of                 prepare an Environmental Assessment
                                                                                                            or an Environmental Impact Statement                  the Commission’s public files and may
                                                    the end of the hearing, participants must                                                                     be viewed, printed, or downloaded
                                                    file (via eFiling) a ‘‘Joint Exhibit List’’             for any action that may have a
                                                                                                            significant adverse effect on the human               remotely as described in the Document
                                                    and each sponsoring party must file (via                                                                      Availability section below. Commenters
                                                    eFiling) the ‘‘Official Copies’’ of each                environment.14 This action has been
                                                                                                            categorically excluded under section                  on this proposal are not required to
                                                    exhibit that was offered into evidence                                                                        serve copies of their comments on other
                                                    and admitted or rejected.10 Thus, it is no              380.4(a)(2)(ii), addressing procedural
                                                                                                            rules.15                                              commenters.
                                                    longer necessary or efficient to require
                                                    all participants to provide the presiding               V. Regulatory Flexibility Act                         VII. Document Availability
                                                    judge and court reporter with paper                       9. The Regulatory Flexibility Act of                  15. In addition to publishing the full
                                                    copies of each exhibit introduced at the                1980 (RFA) 16 generally requires a                    text of this document in the Federal
                                                    hearing.                                                description and analysis of proposed                  Register, the Commission provides all
                                                       6. The Commission therefore proposes                 rules that will have significant                      interested persons an opportunity to
                                                    to eliminate the requirement that                       economic impact on a substantial                      view and/or print the contents of this
                                                    participants provide one paper copy of                  number of small entities. This Notice of              document via the Internet through the
                                                    each exhibit to the presiding officer and               Proposed Rulemaking (NOPR) concerns                   Commission’s Home Page (http://
                                                    two paper copies to the court reporter.11               procedural matters and, if adopted, is                www.ferc.gov) and in the Commission’s
                                                    The proposed rule represents a                          expected to reduce the burden and                     Public Reference Room during normal
                                                    continuation of the Commission’s efforts                expense associated with paper exhibits                business hours (8:30 a.m. to 5:00 p.m.
                                                    to implement the goal of substituting                   and improve the efficiency and                        Eastern time) at 888 First Street NE.,
                                                    electronic means of communication and                   administrative convenience of the                     Room 2A, Washington, DC 20426.
                                                    information storage for paper means.                    Commission hearing process.                             16. From the Commission’s Home
                                                    The proposed rule should save                             10. Accordingly, the Commission                     Page on the Internet, this information is
                                                    resources because participants will no                  certifies that this NOPR, if adopted, will            available on eLibrary. The full text of
                                                    longer be required to make multiple                     not have a significant economic impact                this document is available on eLibrary
                                                    paper copies of all exhibits that they                  on a substantial number of small                      in PDF and Microsoft Word format for
                                                    intend to submit into evidence. The                     entities. An analysis under the RFA is                viewing, printing, and/or downloading.
                                                    proposed rule also will facilitate the                  not required.                                         To access this document in eLibrary,
                                                    presiding judge’s compilation and                                                                             type the docket number excluding the
                                                                                                            VI. Comment Procedures                                last three digits of this document in the
                                                    transmittal of the hearing record to the
                                                    Commission in electronic format.                          11. The Commission invites interested               docket number field.
                                                                                                            persons to submit comments on the                       17. User assistance is available for
                                                      8 18  CFR 385.508(2).
                                                                                                            matters and issues proposed in this                   eLibrary and the Commission’s Web site
                                                      9 18  CFR 385.510(d).                                 notice to be adopted, including any                   during normal business hours from the
                                                       10 See Notice to the Public, Procedures for          related matters or alternative proposals              Commission’s Online Support at (202)
                                                    Handling Exhibits and Developing the Electronic         that commenters may wish to discuss.                  502–6652 (toll free at 1–866–208–3676)
                                                    Hearing Record (issued December 12, 2014),              Comments are due May 26, 2015.                        or email at ferconlinesupport@ferc.gov,
                                                    http://www.ferc.gov/media/headlines/2014/2014-4/
                                                    12-12-14-notice.pdf.
                                                                                                            Comments must refer to Docket No.                     or the Public Reference Room at (202)
                                                       All electronically-filed exhibits must comply        RM15–5–000, and must include the                      502–8371, TTY (202) 502–8659. Email
                                                    with eFiling file format requirements. See Filing Via   commenter’s name, the organization                    the Public Reference Room at
                                                    the Internet, Order No. 703, FERC Stats. & Regs.        they represent, if applicable, and their              public.referenceroom@ferc.gov.
                                                    ¶ 31,259 at P 33.                                       address in their comments.
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                       For exhibits that have not previously been
                                                                                                                                                                    By direction of the Commission.
                                                    provided to the participants, such exhibits must          12 44
                                                                                                                                                                    Dated: March 19, 2015.
                                                    still be provided to the participants at the hearing.           U.S.C. 3507(d).
                                                                                                              13 5 CFR 1320.12.
                                                                                                                                                                  Nathaniel J. Davis, Sr.,
                                                    See 18 CFR 385.510(d).
                                                       11 Most participants file pre-filed testimony and      14 Regulations Implementing the National            Deputy Secretary.
                                                    exhibits electronically via the eFiling system before   Environmental Policy Act, Order No. 486, 52 FR
                                                                                                            47897 (Dec. 17, 1987), FERC Stats. & Regs.
                                                                                                                                                                    In consideration of the foregoing, the
                                                    the hearing. The presiding judge in each case will
                                                    continue to determine how participants exchange         Preambles 1986–1990 ¶ 30,783 (1987).                  Commission proposes to amend Part
                                                    exhibits brought to the hearing. See 18 CFR               15 18 CFR 380.4(a)(2)(ii).                          385, Chapter I, Title 18, Code of Federal
                                                    385.504(b)(1), (4).                                       16 5 U.S.C. 601–12.                                 Regulations, as follows.


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                                                    15702                 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules

                                                    PART 385—RULES OF PRACTICE AND                             Fax: If your comments, including                   Room N–3718, OSHA, U.S. Department
                                                    PROCEDURE                                               attachments, do not exceed 10 pages,                  of Labor, 200 Constitution Avenue NW.,
                                                                                                            you may fax them to the OSHA Docket                   Washington, DC 20210; telephone: (202)
                                                    ■ 1. The authority citation for Part 385                Office at (202) 693–1648.                             693–1950 or fax (202) 693–1678; email:
                                                    continues to read as follows:                              Mail, hand delivery, express mail,                 penniman.lyn@dol.gov.
                                                      Authority: 5 U.S.C. 551–557; 15 U.S.C.                messenger or courier service: You must
                                                    717–717z, 3301–3432; 16 U.S.C. 792–828c,                submit three copies of your comments                  SUPPLEMENTARY INFORMATION:     On
                                                    2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,              and attachments to the OSHA Docket                    October 10, 2014, OSHA published in
                                                    9701; 42 U.S.C. 7101–7352, 16441, 16451–                Office, Docket No. OSHA–2009–0044,                    the Federal Register (79 FR 61384–
                                                    16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85             U.S. Department of Labor, Room N–                     61438) a Request for Information (RFI)
                                                    (1988).                                                                                                       soliciting stakeholder feedback with
                                                                                                            2625, 200 Constitution Avenue NW.,
                                                    ■ 2. Section 385.508 is amended by                      Washington, DC 20210; telephone (202)                 respect to OSHA’s overall approach to
                                                    revising paragraph (a) to read as follows:              693–2350 (OSHA’s TTY number is (877)                  managing hazardous chemical
                                                    § 385.508   Exhibits (Rule 508).                        889–5627). Deliveries (hand, express                  exposures in the workplace. The
                                                      (a) General rules. (1) Except as                      mail, messenger and courier service) are              document outlines potential
                                                    provided in paragraphs (b) through (e)                  accepted during the Department of                     modifications to OSHA’s current risk
                                                    of this section, any material offered in                Labor’s and Docket Office’s normal                    and feasibility assessment approaches
                                                    evidence, other than oral testimony,                    business hours, 8:15 a.m.–4:45 p.m., e.t.             and requests additional information
                                                    must be offered in the form of an                          Instructions: All submission must                  about chemical management for the
                                                    exhibit.                                                include the docket number (Docket No.                 workplace that may be more efficient,
                                                      (2) The presiding officer will cause                  OSHA–2012–0023) or RIN number (RIN                    while still maintaining worker
                                                    each exhibit offered by a participant to                1218–AC74) for this rulemaking.                       protection. The RFI set a date of April
                                                    be marked for identification.                           Because of security-related procedures,               8, 2015 for submitting written
                                                    *     *     *     *    *                                submission by regular mail may result                 comments.
                                                    [FR Doc. 2015–06694 Filed 3–24–15; 8:45 am]             in significant delay. Please contact the
                                                                                                            OSHA Docket Office about security                        OSHA has received multiple requests
                                                    BILLING CODE 6717–01–P
                                                                                                            procedures for hand delivery, express                 from stakeholders, including the
                                                                                                            delivery, messenger or courier.                       American College of Occupational and
                                                                                                               All comments, including any personal               Environmental Medicine (ACOEM), the
                                                    DEPARTMENT OF LABOR
                                                                                                            information you provide, are placed in                American Federation of Labor and
                                                    Occupational Safety and Health                          the public docket without change and                  Congress of Industrial Organizations
                                                    Administration                                          may be made available on http://                      (AFL–CIO), the American Industrial
                                                                                                            www.regulations.gov. Therefore, OSHA                  Hygiene Association (AIHA), and
                                                    29 CFR Parts 1910, 1915, 1917, 1918,                    cautions you about submitting personal                ORCHSE Strategies, LLC, to extend the
                                                    and 1926                                                information such as social security                   comment period by 60 to 180 additional
                                                                                                            numbers and birthdates.                               days. These groups have requested this
                                                    [Docket No. OSHA–2012–0023]
                                                                                                               Docket: To read or download                        additional time in order to better
                                                    RIN 1218–AC74                                           submissions in response to the proposed               research, consider, and formulate
                                                                                                            rule, go to Docket No. OSHA–2009–                     responses to the over 50 questions
                                                    Chemical Management and                                 0044 at http://www.regulations.gov. All               OSHA included in the RFI.
                                                    Permissible Exposure Limits (PELs)                      submissions are listed in the http://
                                                                                                            www.regulations.gov index, however,                      OSHA has decided to extend the
                                                    AGENCY:  Occupational Safety and Health                                                                       comment deadline to October 9, 2015,
                                                    Administration (OSHA), Labor.                           some information (e.g., copyrighted
                                                                                                            material) is not publicly available to                which provides stakeholders an
                                                    ACTION: Extension of comment period.                                                                          additional 6 months in which to submit
                                                                                                            read or download through that Web
                                                    SUMMARY:     OSHA is extending the                      page. All submissions, including                      comments.
                                                    comment period on the Request for                       copyrighted material, are available for               Authority and Signature
                                                    Information on Chemical Management                      inspections and copying at the OSHA
                                                    and Permissible Exposure Limits (PELs)                  Docket Office.                                          David Michaels, Ph.D., MPH,
                                                    to October 9, 2015.                                        Electronic copies of this Federal                  Assistant Secretary of Labor for
                                                    DATES: Comments must be submitted                       Register document are available at                    Occupational Safety and Health, U.S.
                                                    (postmarked, sent or received) by                       http://www.regulations.gov. This                      Department of Labor, 200 Constitution
                                                    October 9, 2015.                                        document, as well as news releases and                Avenue NW., Washington, DC 20210,
                                                    ADDRESSES: You may submit comments,                     other relevant information, also are                  directed the preparation of this notice.
                                                    identified by Docket No. OSHA–2012–                     available at OSHA’s Web page at http://               OSHA is issuing this notice under 29
                                                    0023, by any one of the following                       www.osha.gov.                                         U.S.C. 653, 655, 657; 33 U.S.C. 941; 40
                                                    methods:                                                FOR FURTHER INFORMATION CONTACT: For                  U.S.C. 3704 et seq.; Secretary of Labor’s
                                                      Electronically: You may submit                        general information and press inquiries,              Order 1–2012 (77 FR 3912, 1/25/2012);
                                                    comments and written testimony along                    contact Frank Meilinger, Director, Office             and 29 CFR part 1911.
                                                    with attachments electronically at                      of Communications, Room N–3647,
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    http://www.regulations.gov, which is                    OSHA, U.S. Department of Labor,                         Signed at Washington, DC, on March 12,
                                                                                                                                                                  2015.
                                                    the Federal e-Rulemaking Portal. Click                  200Constitution Avenue NW.,
                                                    on the ‘‘COMMENT NOW!’’ box next to                     Washington, DC 20210; telephone: (202)                David Michaels,
                                                    the title ‘‘Chemical Management and                     693–1999; email: meilinger.francis2@                  Assistant Secretary of Labor for Occupational
                                                    Permissible Exposure Limits (PELs);                     dol.gov.                                              Safety and Health.
                                                    Extension of Comment Period,’’ and                        For technical inquiries, contact                    [FR Doc. 2015–06516 Filed 3–24–15; 8:45 am]
                                                    follow the instructions on-line for                     William Perry or Lyn Penniman,                        BILLING CODE 4510–26–P
                                                    making electronic submissions.                          Directorate of Standards and Guidance,


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Document Created: 2018-02-21 09:48:59
Document Modified: 2018-02-21 09:48:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments are due May 26, 2015.
ContactKarin Herzfeld, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502-8459.
FR Citation80 FR 15700 

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