80 FR 36234 - Revised Exhibit Submission Requirements for Commission Hearings
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 80, Issue 121 (June 24, 2015)
Federal Energy Regulatory Commission
Federal Register Volume 80, Issue 121 (June 24, 2015)
| Page Range | 36234-36236 | |
| FR Document | 2015-15431 |
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)] [Rules and Regulations] [Pages 36234-36236] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15431] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 385 [Docket No. RM15-5-000; Order No. 811] Revised Exhibit Submission Requirements for Commission Hearings AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this Final Rule, the Federal Energy Regulatory Commission (Commission) is amending 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 Final 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: This rule will become effective July 24, 2015. 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: Order No. 811 Final Rule Table of Contents Paragraph Nos. I. Background............................................... 2. II. Discussion.............................................. 4. III. Information Collection Statement....................... 7. IV. Environmental Analysis.................................. 8. V. Regulatory Flexibility Act............................... 9. VI. Document Availability................................... 11. VII. Effective Date and Congressional Notification.......... 14. [[Page 36235]] 1. In this Final Rule, the Federal Energy Regulatory Commission (Commission) is amending 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 is amending 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 Final 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. --------------------------------------------------------------------------- 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, on March 19, 2015, the Commission issued a Notice of Proposed Rulemaking proposing to eliminate the requirement that all exhibits introduced at Commission hearings must be provided in paper form. In response to the NOPR, the Commission received comments from the New York Transmission Owners,\8\ stating that they support the Commission's proposed elimination of the requirement to provide paper copies of exhibits introduced during evidentiary hearings, and that they agree with the Commission that this would improve the efficiency and administrative convenience of the Commission hearing process as well as reduce the substantial burden and expense associated with providing paper copies of exhibits. --------------------------------------------------------------------------- \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). \8\ The New York Transmission Owners consist of Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., New York Power Authority, New York State Electric & Gas Corporation, Niagara Mohawk Power Corporation d/b/a National Grid, Orange and Rockland Utilities, Inc., Power Supply Long Island, and Rochester Gas and Electric Corporation. --------------------------------------------------------------------------- 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 exhibit to the presiding officer and two copies to the reporter, not later than the time that the exhibit is marked for identification.'' \9\ 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.\10\ --------------------------------------------------------------------------- \9\ 18 CFR 385.508(2). \10\ 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.\11\ 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. --------------------------------------------------------------------------- \11\ 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. In this Final Rule, the Commission is therefore eliminating the requirement that participants provide one paper copy of each exhibit to the presiding officer and two paper copies to the court reporter.\12\ This Final 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 Final 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 Final Rule also will facilitate the presiding judge's compilation and transmittal of the hearing record to the Commission in electronic format. --------------------------------------------------------------------------- \12\ 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). --------------------------------------------------------------------------- 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).\13\ OMB's regulations require OMB to approve certain information collection requirements imposed by agency rule.\14\ This Final Rule does not contain any information collection requirements, as defined under section 3502(3) of the [[Page 36236]] PRA, and compliance with the OMB regulations is thus not required. --------------------------------------------------------------------------- \13\ 44 U.S.C. 3507(d). \14\ 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.\15\ This action has been categorically excluded under section 380.4(a)(2)(ii), addressing procedural rules.\16\ --------------------------------------------------------------------------- \15\ Regulations Implementing the National Environmental Policy Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. Preambles 1986-1990 ] 30,783 (1987). \16\ 18 CFR 380.4(a)(2)(ii). --------------------------------------------------------------------------- V. Regulatory Flexibility Act 9. The Regulatory Flexibility Act of 1980 (RFA) \17\ generally requires a description and analysis of rules that will have a significant economic impact on a substantial number of small entities. This Final Rule concerns procedural matters and is expected to reduce the burden and expense associated with paper exhibits and improve the efficiency and administrative convenience of the Commission hearing process. --------------------------------------------------------------------------- \17\ 5 U.S.C. 601-12. --------------------------------------------------------------------------- 10. Accordingly, the Commission certifies that this Final Rule will not have a significant economic impact on a substantial number of small entities. An analysis under the RFA is not required. VI. Document Availability 11. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through the Commission's Home Page (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. 12. From the Commission's Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. 13. User assistance is available for eLibrary and the Commission's 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 [email protected], or the Public Reference Room at (202) 502- 8371, TTY (202) 502-8659. Email the Public Reference Room at [email protected]. VII. Effective Date and Congressional Notification 14. This Final Rule is effective July 24, 2015. The Commission has determined, with the concurrence of the Administrator of the Office of Information and Regulatory Affairs of OMB, that this rule is not a ``major rule'' as defined in section 351 of the Small Business Regulatory Enforcement Fairness Act of 1996.\18\ This Final Rule is being submitted to the Senate, House, and Government Accountability Office. --------------------------------------------------------------------------- \18\ 5 U.S.C. 804(2). --------------------------------------------------------------------------- List of Subjects in 18 CFR Part 385 Exhibits. By the Commission. Issued: June 18, 2015. Kimberly D. Bose, Secretary. In consideration of the foregoing, the Commission amends Part 385, Chapter I, Title 18, Code of Federal Regulations, as follows. 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. 2015-15431 Filed 6-23-15; 8:45 am] BILLING CODE 6717-01-P
![36234 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
on its Web site: http:// shall note ‘‘ineligible’’ in the remarks Dated: June 18, 2015.
www.ams.usda.gov/Cotton. Importers section next to the person’s name on the Rex A. Barnes,
who favor the conduct of a continuance county FSA office sign-up sheet. In lieu Associate Administrator.
referendum can download a form from of personally appearing at a county FSA [FR Doc. 2015–15423 Filed 6–23–15; 8:45 am]
the Web site, or request a sign-up form office, eligible producers may request a BILLING CODE 3410–02–P
by contacting CottonRP@ams.usda.gov sign-up form from the county FSA office
or (540) 361–2726 and one will be where the producer’s farm is located. If
provided to them. Importers may the producer’s land is in more than one
participate in the sign-up period by county, the producer shall make the DEPARTMENT OF ENERGY
submitting a signed, written request for request for the sign-up form at the
a continuance referendum, along with a county office where FSA Federal Energy Regulatory
copy of a U.S. Customs and Border administratively maintains and Commission
Protection form 7501 showing payment processes the producer’s farm records.
of a cotton assessment for calendar year Such request must be accompanied by 18 CFR Part 385
2014. The USDA, AMS, Cotton and a copy of at least one sales receipt for
Tobacco Program, Attention: Cotton cotton they produced during the [Docket No. RM15–5–000; Order No. 811]
Sign-Up, P.O. Box 23181, Washington, representative period. The appropriate
DC 20077–8249 shall be considered the FSA office must receive all completed Revised Exhibit Submission
polling place for all cotton importers. forms and supporting documentation by Requirements for Commission
All requests and supporting documents August 14, 2015. Hearings
must be received by August 14, 2015. ■ 5. In § 1205.28, the first sentence is
(c) Each person on the county FSA revised to read as follows: AGENCY: Federal Energy Regulatory
office lists may participate in the sign- Commission, DOE.
up period. Eligible producers must date § 1205.28 Counting. ACTION: Final rule.
and sign their name on the ‘‘County County FSA offices and FSA, Deputy
FSA Office Sign-up Sheet.’’ A person Administrator for Field Operations SUMMARY: In this Final Rule, the Federal
whose name does not appear on the (DAFO), shall begin counting requests Energy Regulatory Commission
county FSA office list may participate in no later than August 14, 2015. * * * (Commission) is amending Rule 508 of
the sign-up period. Such person must be ■ 6. Section 1205.29 is revised to read the Commission’s Rules of Practice and
identified on FSA–578 during the as follows: Procedure to eliminate the requirement
representative period or provide that participants in Commission trial-
documentation that demonstrates that § 1205.29 Reporting results. type evidentiary hearings must provide
the person was a cotton producer during (a) Each county FSA office shall paper copies of all exhibits introduced
the representative period. Cotton prepare and transmit to the state FSA as evidence. The Final Rule will
producers not listed on the FSA–578 office, by August 21, 2015, a written facilitate a shift toward electronic
shall submit at least one sales receipt for report of the number of eligible hearing procedures which should
cotton they planted during the producers who requested the conduct of improve the efficiency and
representative period. Cotton producers a referendum, and the number of administrative convenience of the
must make requests to the county FSA ineligible persons who made requests. Commission hearing process, reduce the
office where the producer’s farm is (b) DAFO shall prepare, by August 21, burden and expense associated with
located. If the producer’s land is in more 2015, a written report of the number of paper exhibits, and facilitate the
than one county, the producer shall eligible importers who requested the compilation and transmittal of the
make request at the county office where conduct of a referendum, and the hearing record to the Commission in
FSA administratively maintains and number of ineligible persons who made electronic format.
processes the producer’s farm records. It requests.
(c) Each state FSA office shall, by DATES: This rule will become effective
is the responsibility of the person to July 24, 2015.
provide the information needed by the August 21, 2015, forward all county
reports to DAFO. By August 28, 2015, FOR FURTHER INFORMATION CONTACT:
county FSA office to determine
DAFO shall forward its report of the Karin Herzfeld, Office of the General
eligibility. It is not the responsibility of
total number of eligible producers and Counsel, Federal Energy Regulatory
the county FSA office to obtain this
importers that requested a continuance Commission, 888 First Street NE.,
information. If any person whose name
referendum, through the sign-up period, Washington, DC 20426, Telephone:
does not appear on the county FSA
to the Deputy Administrator, Cotton and (202) 502–8459.
office list fails to provide at least one
Tobacco Program, Agricultural SUPPLEMENTARY INFORMATION:
sales receipt for the cotton they
Marketing Service, USDA, 100 Riverside
produced during the representative Order No. 811
Parkway, Suite 101, Fredericksburg,
period, the county FSA office shall
Virginia 22406. Final Rule
determine that such person is ineligible
to participate in the sign-up period, and Authority: 7 U.S.C. 2101–2118. Table of Contents
Paragraph
Nos.
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I. Background ............................................................................................................................................................................................ 2.
II. Discussion ............................................................................................................................................................................................ 4.
III. Information Collection Statement ...................................................................................................................................................... 7.
IV. Environmental Analysis ..................................................................................................................................................................... 8.
V. Regulatory Flexibility Act ................................................................................................................................................................... 9.
VI. Document Availability ....................................................................................................................................................................... 11.
VII. Effective Date and Congressional Notification ................................................................................................................................ 14.
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1. In this Final Rule, the Federal complaints, and applications for 5. The administrative law judges
Energy Regulatory Commission certificates and licenses.6 In 2008, the recently adopted a revised practice for
(Commission) is amending Rule 508 of Commission further implemented a handling exhibits and creating the
the Commission’s Rules of Practice and system for electronic tariff filing.7 Exhibit List that removes the need for
Procedure 1 to eliminate the requirement Consistent with these prior efforts to providing paper copies at the hearing.
that participants in Commission trial- provide electronic filing options, on Under this policy, within seven days of
type evidentiary hearings must provide March 19, 2015, the Commission issued the end of the hearing, participants must
paper copies of all exhibits introduced a Notice of Proposed Rulemaking file (via eFiling) a ‘‘Joint Exhibit List’’
as evidence. The Commission is proposing to eliminate the requirement and each sponsoring party must file (via
amending section 385.508 of the that all exhibits introduced at eFiling) the ‘‘Official Copies’’ of each
Commission’s regulations by removing Commission hearings must be provided exhibit that was offered into evidence
paragraph (a)(2) and redesignating in paper form. In response to the NOPR, and admitted or rejected.11 Thus, it is no
paragraph (a)(3) as paragraph (a)(2). the Commission received comments longer necessary or efficient to require
While still retaining the option to from the New York Transmission all participants to provide the presiding
provide exhibits in paper form, the Owners,8 stating that they support the judge and court reporter with paper
Final Rule will facilitate a shift toward Commission’s proposed elimination of copies of each exhibit introduced at the
electronic hearing procedures which the requirement to provide paper copies hearing.
should improve the efficiency and of exhibits introduced during 6. In this Final Rule, the Commission
administrative convenience of the evidentiary hearings, and that they agree is therefore eliminating the requirement
Commission hearing process, reduce the with the Commission that this would that participants provide one paper
burden and expense associated with improve the efficiency and copy of each exhibit to the presiding
paper exhibits, and facilitate the administrative convenience of the officer and two paper copies to the court
compilation and transmittal of the Commission hearing process as well as reporter.12 This Final Rule represents a
hearing record to the Commission in reduce the substantial burden and
electronic format. continuation of the Commission’s efforts
expense associated with providing to implement the goal of substituting
I. Background paper copies of exhibits. electronic means of communication and
2. The Federal government has set a information storage for paper means.
II. Discussion
goal to substitute electronic means of The Final Rule should save resources
communication and information storage 4. Section 385.508 of the because participants will no longer be
for paper. For example, the Government Commission’s regulations currently required to make multiple paper copies
Paperwork Elimination Act directed requires that ‘‘[a]ny participant who of all exhibits that they intend to submit
agencies to provide for the optional use seeks to have an exhibit admitted into into evidence. The Final Rule also will
and acceptance of electronic documents evidence must provide one copy of the facilitate the presiding judge’s
and signatures, and electronic record- exhibit to the presiding officer and two compilation and transmittal of the
keeping, where practical.2 Similarly, the copies to the reporter, not later than the hearing record to the Commission in
Office of Management and Budget time that the exhibit is marked for electronic format.
(OMB) Circular A–130 required agencies identification.’’ 9 Under current practice, III. Information Collection Statement
to use electronic information collection the court reporter assigns Exhibit
techniques, where such means will Numbers to the paper copies and 7. Certain collections of information
reduce the burden on the public, provides the paper copies to the are subject to review by the Office of
increase efficiency, reduce costs, and Commission’s Docket Branch to be Management and Budget (OMB) under
help provide better service. scanned into the Commission’s eLibrary section 3507(d) of the Paperwork
3. On September 21, 2000, the system. Copies of all exhibits and Reduction Act of 1995 (PRA).13 OMB’s
Commission issued Order No. 619, motions that are not pre-filed must also regulations require OMB to approve
which implemented the use of the be provided to all participants at the certain information collection
Internet for submission of certain hearing.10 requirements imposed by agency rule.14
documents to the Commission for This Final Rule does not contain any
filing.3 The eFiling system plays an 6 See Electronic Registration, Order No. 891, 67 information collection requirements, as
important role in the Commission’s FR 52,406 (Aug. 12, 2002), FERC Stats. & Regs. defined under section 3502(3) of the
efforts to comply with the Government ¶ 31,132 (2002); Electronic Filing of FERC Form 1,
Paperwork Elimination Act’s and Elimination of Certain Designated Schedules in
11 See Notice to the Public, Procedures for
Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093
requirement that agencies provide the (May 23, 2002), FERC Stats. & Regs. ¶ 31,130 (2002); Handling Exhibits and Developing the Electronic
option to submit information Electronic Service of Documents, 66 FR 50,591 (Oct. Hearing Record (issued December 12, 2014),
electronically, when practicable, as a 4, 2001), FERC Stats. & Regs. ¶ 35,539 (2001); http://www.ferc.gov/media/headlines/2014/2014-4/
substitute for paper.4 Filing via the Revised Public Utility Filing Requirements, Order 12-12-14-notice.pdf.
No. 2001, 67 FR 31,043 (May 8, 2002), FERC Stats. All electronically-filed exhibits must comply
Internet is optional for eligible & Regs. ¶ 31,127 (2002); Filing Via the Internet, with eFiling file format requirements. See Filing Via
documents.5 Since issuing Order No. Order No. 703, 72 FR 65,659 (Nov. 23, 2007), FERC the Internet, Order No. 703, FERC Stats. & Regs.
619, the Commission has greatly Stats. & Regs. ¶ 31,259 (2007). ¶ 31,259 at P 33.
expanded its ability to accept 7 Electronic Tariff Filings, Order No. 714, FERC For exhibits that have not previously been
electronically filed material, including Stats. & Regs. ¶ 31,276 (2008). provided to the participants, such exhibits must
8 The New York Transmission Owners consist of still be provided to the participants at the hearing.
interventions, protests, rehearings,
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Central Hudson Gas & Electric Corporation, See 18 CFR 385.510(d).
Consolidated Edison Company of New York, Inc., 12 Most participants file pre-filed testimony and
1 18 CFR 385.508. New York Power Authority, New York State exhibits electronically via the eFiling system before
2 44 U.S.C. 3504. Electric & Gas Corporation, Niagara Mohawk Power the hearing. The presiding judge in each case will
3 Electronic Filing of Documents, Order No. 619, Corporation d/b/a National Grid, Orange and continue to determine how participants exchange
65 FR 57088 (Sept. 21, 2000), FERC Stats. & Regs. Rockland Utilities, Inc., Power Supply Long Island, exhibits brought to the hearing. See 18 CFR
¶ 31,107 (2000). and Rochester Gas and Electric Corporation. 385.504(b)(1), (4).
4 44 U.S.C. 3504. 9 18 CFR 385.508(2). 13 44 U.S.C. 3507(d).
5 18 CFR 385.2001(a). 10 18 CFR 385.510(d). 14 5 CFR 1320.12.
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PRA, and compliance with the OMB or the Public Reference Room at (202) AGENCY FOR INTERNATIONAL
regulations is thus not required. 502–8371, TTY (202) 502–8659. Email DEVELOPMENT
IV. Environmental Analysis the Public Reference Room at
public.referenceroom@ferc.gov. 22 CFR Part 238
8. The Commission is required to
prepare an Environmental Assessment VII. Effective Date and Congressional Hashemite Kingdom of Jordan Loan
or an Environmental Impact Statement Notification Guarantees Issued Under the
for any action that may have a Department of State, Foreign
significant adverse effect on the human 14. This Final Rule is effective July
Operations, and Related Programs
environment.15 This action has been 24, 2015. The Commission has
Appropriations Act, 2015—Standard
categorically excluded under section determined, with the concurrence of the Terms and Conditions
380.4(a)(2)(ii), addressing procedural Administrator of the Office of
rules.16 Information and Regulatory Affairs of AGENCY:Agency for International
OMB, that this rule is not a ‘‘major rule’’ Development (USAID).
V. Regulatory Flexibility Act
as defined in section 351 of the Small
9. The Regulatory Flexibility Act of Business Regulatory Enforcement ACTION: Final rule.
1980 (RFA) 17 generally requires a Fairness Act of 1996.18 This Final Rule
description and analysis of rules that is being submitted to the Senate, House, SUMMARY: This regulation prescribes the
will have a significant economic impact and Government Accountability Office. procedures and standard terms and
on a substantial number of small conditions applicable to loan guarantees
entities. This Final Rule concerns List of Subjects in 18 CFR Part 385 to be issued for the benefit of the
procedural matters and is expected to Hashemite Kingdom of Jordan pursuant
reduce the burden and expense Exhibits.
to Section 7034(r) of the Department of
associated with paper exhibits and By the Commission. State, Foreign Operations, and Related
improve the efficiency and Issued: June 18, 2015. Programs Appropriations Act, 2015.
administrative convenience of the Kimberly D. Bose,
Commission hearing process. DATES: Effective June 23, 2015.
Secretary.
10. Accordingly, the Commission FOR FURTHER INFORMATION CONTACT: D.
certifies that this Final Rule will not In consideration of the foregoing, the Bruce McPherson, Office of General
have a significant economic impact on Commission amends Part 385, Chapter I, Counsel, U.S. Agency for International
a substantial number of small entities. Title 18, Code of Federal Regulations, as Development, Washington, DC 20523–
An analysis under the RFA is not follows. 6601; tel. 202–712–1611, fax 202–216–
required. 3055.
VI. Document Availability PART 385—RULES OF PRACTICE AND
PROCEDURE SUPPLEMENTARY INFORMATION: Pursuant
11. In addition to publishing the full to Section 7034(r) of the Department of
text of this document in the Federal State, Foreign Operations, and Related
■ 1. The authority citation for Part 385
Register, the Commission provides all Programs Appropriations Act, 2015
continues to read as follows:
interested persons an opportunity to (Div. J, Pub. L. 113–235), the United
view and/or print the contents of this Authority: 5 U.S.C. 551–557; 15 U.S.C. States of America, acting through the
document via the Internet through the 717–717z, 3301–3432; 16 U.S.C. 792–828c, U.S. Agency for International
Commission’s Home Page (http:// 2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, Development, may issue certain loan
www.ferc.gov) and in the Commission’s 9701; 42 U.S.C. 7101–7352, 16441, 16451– guarantees applicable to sums borrowed
Public Reference Room during normal 16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 by the Hashemite Kingdom of Jordan
business hours (8:30 a.m. to 5:00 p.m. (1988).
(the ‘‘Borrower’’), not exceeding an
Eastern time) at 888 First Street NE., aggregate total of U.S. $1.5 billion in
Room 2A, Washington, DC 20426. ■ 2. Section 385.508 is amended by
principal amount. Upon issuance, the
12. From the Commission’s Home revising paragraph (a) to read as follows:
loan guarantees shall ensure the
Page on the Internet, this information is Borrower’s repayment of 100% of
§ 385.508 Exhibits (Rule 508).
available on eLibrary. The full text of principal and interest due under such
this document is available on eLibrary (a) General rules. (1) Except as loans, and the full faith and credit of the
in PDF and Microsoft Word format for provided in paragraphs (b) through (e) United States of America shall be
viewing, printing, and/or downloading. of this section, any material offered in pledged for the full payment and
To access this document in eLibrary, evidence, other than oral testimony, performance of such guarantee
type the docket number excluding the must be offered in the form of an obligations.
last three digits of this document in the exhibit.
docket number field. This rulemaking document is not
13. User assistance is available for (2) The presiding officer will cause subject to rulemaking under 5 U.S.C.
eLibrary and the Commission’s Web site each exhibit offered by a participant to 553 or to regulatory review under
during normal business hours from the be marked for identification. Executive Order 12866 because it
Commission’s Online Support at (202) * * * * * involves a foreign affairs function of the
502–6652 (toll free at 1–866–208–3676) [FR Doc. 2015–15431 Filed 6–23–15; 8:45 am] United States. The provisions of the
wreier-aviles on DSK5TPTVN1PROD with RULES
or email at ferconlinesupport@ferc.gov, BILLING CODE 6717–01–P Paperwork Reduction Act (44 U.S.C.
3501 et seq.) do not apply.
15 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486, List of Subjects in 22 CFR Part 238
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986–1990 ¶ 30,783 (1987). Foreign aid, Foreign relations,
16 18 CFR 380.4(a)(2)(ii). Guaranteed loans, Loan programs—
17 5 U.S.C. 601–12. 18 5 U.S.C. 804(2). foreign relations.
VerDate Sep<11>2014 14:13 Jun 23, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\24JNR1.SGM 24JNR1](https://thefederalregister.org/doc/80_FR_36355/page/3.svg)
Document Created: 2015-12-15 14:08:58
Document Modified: 2015-12-15 14:08:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will become effective July 24, 2015. | |
| Contact | Karin Herzfeld, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502-8459. | |
| FR Citation | 80 FR 36234 |
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