81_FR_5399 81 FR 5378 - Transferring Certain Dispute Resolution Service Matters to the Commission's Landowner Helpline

81 FR 5378 - Transferring Certain Dispute Resolution Service Matters to the Commission's Landowner Helpline

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 81, Issue 21 (February 2, 2016)

Page Range5378-5380
FR Document2016-01812

The Commission is revising its regulations to reflect an internal reorganization. On June 14, 2013, the Dispute Resolution Service moved from the Commission's Office of Administrative Litigation (OAL) to the Commission's Office of Administrative Law Judges (OALJ), and the resulting new office was named the Office of Administrative Law Judges and Dispute Resolution (OALJDR). On January 11, 2015, the Commission designated a Landowner Helpline function in the OALJDR. The revised regulations substitute the Commission's recently established Landowner Helpline in place of the Commission's Dispute Resolution Service (DRS) as the contact for handling dispute-related calls, emails, and letters, pertaining to the construction and operation of jurisdictional infrastructure projects. This revision does not preclude disputants from utilizing other means to address disputes at the Commission. The transfer of responsibility for dispute-related calls, emails, and letters pertaining to infrastructure projects to the Landowner Helpline reflects an allocation of dedicated resources to serve the public interest.

Federal Register, Volume 81 Issue 21 (Tuesday, February 2, 2016)
[Federal Register Volume 81, Number 21 (Tuesday, February 2, 2016)]
[Rules and Regulations]
[Pages 5378-5380]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01812]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 1b, 2, 157, and 380

[Docket No. RM15-26-000; Order No. 821]


Transferring Certain Dispute Resolution Service Matters to the 
Commission's Landowner Helpline

AGENCY: Federal Energy Regulatory Commission, Department of Energy 
(DOE).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission is revising its regulations to reflect an 
internal reorganization. On June 14, 2013, the Dispute Resolution 
Service moved from the Commission's Office of Administrative Litigation 
(OAL) to the Commission's Office of Administrative Law Judges (OALJ), 
and the resulting new office was named the Office of Administrative Law 
Judges and Dispute Resolution (OALJDR). On January 11, 2015, the 
Commission designated a Landowner Helpline function in the OALJDR. The 
revised regulations substitute the Commission's recently established 
Landowner Helpline in place of the Commission's Dispute Resolution 
Service (DRS) as the contact for handling dispute-related calls, 
emails, and letters, pertaining to the construction and operation of 
jurisdictional infrastructure projects. This revision does not preclude 
disputants from utilizing other means to address disputes at the 
Commission. The transfer of responsibility for dispute-related calls, 
emails, and letters pertaining to infrastructure projects to the 
Landowner Helpline reflects an allocation of dedicated resources to 
serve the public interest.

DATES: This rule will become effective March 3, 2016.

FOR FURTHER INFORMATION CONTACT: Thomas Sharp, Office of the General 
Counsel, 888 First Street NE., Washington, DC 20426, 202-502-6461, 
[email protected].

SUPPLEMENTARY INFORMATION:

Order No. 821

Final Rule

(Issued January 21, 2016)

    1. 1. By this instant Final Rule, the Commission is revising its 
regulations \1\ to substitute the Commission's recently established 
Landowner Helpline in place of the Commission's Dispute Resolution 
Service (DRS) as the point of contact for dispute-related calls, 
emails, and letters, pertaining to the construction or operation of 
jurisdictional natural gas and hydroelectric projects. The Commission 
is implementing this Final Rule as a result of a recent internal 
reorganization, which designated a Landowner Helpline function in the 
Commission's Office of Administrative Law Judges and Dispute Resolution 
(OALJDR).
---------------------------------------------------------------------------

    \1\ 18 CFR 1b.21(g-h), 2.55(c)(1)(ii)(C), 157.203(d)(1)(iii)(D), 
and 380.15(c)(1)(ii)(C) (2015).
---------------------------------------------------------------------------

I. Background

    2. The Commission's Enforcement Hotline has been in existence since 
June 1987. In April 1999, the Enforcement Hotline was codified under 
section 1b.21 of the Commission's regulations.\2\ In addition to 
providing information to the public, and informal, non-binding staff 
opinions, any person may seek the Enforcement Hotline's assistance in 
the informal resolution of a dispute, provided that the dispute is not 
before the Commission in a docketed proceeding.\3\ The Enforcement 
Hotline is staffed by personnel from the Division of Investigations in 
the Office of Enforcement.
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    \2\ 18 CFR 1b.21 (2015).
    \3\ Id.
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    3. On April 15, 2010, the Commission substituted the DRS, with its 
expertise in conflict resolution, for the Enforcement Hotline as the 
contact for landowners that have unresolved disputes with natural gas 
companies following use of the companies' environmental complaint 
resolution procedure.\4\ The Commission also transferred the 
responsibility of dispute-related calls pertaining to the construction 
and operation of hydroelectric projects to DRS.\5\
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    \4\ Instant Final Rule Transferring Certain Enforcement Hotline 
Matters to the Dispute Resolution Service, 75 FR 21503, at 21504 
(April 26, 2010); FERC Stat. & Regs. ] 31,308 (2010) (cross-
referenced at 131 FERC ] 61,018 (2010)).
    \5\ Id. These include calls to OEP's Division of Hydropower 
Administration and Compliance (DHAC) regarding compliance with 
hydroelectric project licensing conditions which DHAC elects to 
refer to DRS.
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    4. The Commission's regulations require that natural gas companies 
seeking automatic authorization for replacement facilities or blanket 
certificate authorization for a project under the Natural Gas Act (NGA) 
must provide all affected landowners with a description of the 
company's environmental complaint resolution procedures, including 
company contact telephone numbers which landowners can use to identify 
and resolve environmental mitigation problems and concerns during 
construction of the project and restoration of the right-of-way.\6\ 
Companies must also provide affected landowners with the current 
telephone number and email address of the DRS and instruct them that if 
they are not satisfied with the company's response to their complaints, 
they may contact the DRS.\7\
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    \6\ 18 CFR 157.203(d)(1)(iii) (2015).
    \7\ 18 CFR 157.203(d)(1)(iii)(D) (2015).
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    5. Going forward, the above-described DRS responsibilities will be 
handled by the new OALJDR Landowner Helpline.

II. Discussion

    6. This Final Rule amends 18 CFR 157.203(d)(1)(iii)(D) to 
substitute the Commission's recently established Landowner Helpline for 
the DRS Helpline as the contact for members of the public that have 
unresolved disputes with pipeline companies following use of the 
pipeline companies' environmental complaint resolution procedure.\8\ 
This Final Rule also removes and renumbers 18 CFR 1b.21 (g) and (h) to 
create 18 CFR 1b.22 (a) and (b), which substitutes the Commission's 
recently established Landowner Helpline for the DRS Helpline as the 
contact for any person affected by either the construction or operation 
of natural gas facilities under the NGA or by the construction or 
operation of a project under the Federal Power Act (FPA), who may wish 
to seek the informal resolution of a dispute. This final rule makes 
this same substitution in 18 CFR 2.55(c)(1)(ii)(C) and 18 CFR 
380.15(c)(1)(ii)(C). These

[[Page 5379]]

changes reflect the allocation of a dedicated Commission resource to 
serve the public interest.
---------------------------------------------------------------------------

    \8\ Notwithstanding the name of the helpline, in accordance with 
section 1b.21(g), any person affected by a jurisdictional project--
whether a landowner or not--may make use of the Landowner Helpline.
---------------------------------------------------------------------------

III. Information Collection Statement

    7. Office of Management and Budget (OMB) regulations require OMB to 
approve certain information collection requirements imposed by agency 
rule.\9\ However, this instant Final Rule does not contain or modify 
any information collection requirements.
---------------------------------------------------------------------------

    \9\ 5 CFR 1320.12 (2015).
---------------------------------------------------------------------------

IV. Environmental Analysis

    8. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\10\ Part 
380 of the Commission's regulations lists exemptions to the requirement 
to draft an Environmental Assessment or Environmental Impact Statement, 
and this rulemaking qualifies under the exemption for procedural, 
ministerial or internal administrative actions.\11\
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    \10\ Order No. 486, Regulations Implementing the National 
Environmental Policy Act of 1969, 52 FR 47897 (Dec. 17, 1987), FERC 
Stats. & Regs. Preambles 1986-1990 ] 30,783 (1987).
    \11\ 18 CFR 380.4(a)(1) (2015).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    9. The Regulatory Flexibility Act of 1980 (RFA) \12\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
This instant Final Rule concerns agency procedures. The Commission 
certifies that it will not have a significant economic impact upon 
participants in Commission proceedings. Therefore, an analysis under 
the RFA is thus not required.
---------------------------------------------------------------------------

    \12\ 5 U.S.C. 601-612 (2012).
---------------------------------------------------------------------------

VI. Document Availability

    10. 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.
    11. 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.
    12. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or 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

    13. These regulations are effective as an instant Final Rule 
without a period for public comment. Under 5 U.S.C. 533(b), notice and 
comment procedures are unnecessary where a rulemaking concerns only 
agency procedure or practice, or where the agency finds that notice and 
comment is unnecessary. This rule concerns only matters of agency 
procedure, and will not significantly affect regulated entities or the 
general public. 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.
    14. These regulations are effective March 3, 2016.

List of Subjects

18 CFR Part 1b

    Investigations.

18 CFR Part 2

    Administrative practice and procedure, Electric utilities, Natural 
gas, Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and 
recordkeeping requirements.

18 CFR Part 380

    Environmental impact statements, Reporting and recordkeeping 
requirements.

    By the Commission.

    Issued: January 21, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
    In consideration of the foregoing, the Commission amends Parts 1b, 
2, 157, and 380, Chapter I, Title 18, Code of Federal Regulations, as 
follows.

PART 1b--RULES RELATING TO INVESTIGATIONS

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

    Authority: 15 U.S.C. 717-717z, 3301-3432; 16 U.S.C. 792-828c, 
2601-2645; 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 
(1988); E.O. 12009, 3 CFR 1978 Comp., p. 142.


Sec.  1b.21  [Amended]

0
2. Section 1b.21 is amended by removing paragraphs (g) and (h).

0
3. Section 1b.22 is added to read as follows:


Sec.  1b.22  Landowner Helpline.

    (a) Any person affected by either the construction or operation of 
a certificated or authorized natural gas project under the Natural Gas 
Act or by the construction or operation of a project under the Federal 
Power Act may seek the informal resolution of a dispute by contacting 
the Commission's Landowner Helpline. The Commission's Landowner 
Helpline may be reached by calling toll-free at 1-877-337-2237, or by 
email at [email protected], or writing to: Commission's Landowner 
Helpline, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426.
    (b) Any person who contacts the Landowner Helpline is not precluded 
from filing a formal action with the Commission if discussions assisted 
by the Landowner Helpline staff are unsuccessful at resolving the 
matter. A caller may terminate the use of alternative dispute 
resolution procedures at any time.

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
4. The authority citation for Part 2 continues to read as follows:

    Authority: 5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C. 792-828c, 2601-2645; 42 U.S.C. 4321-4370h, 7101-7352.


0
5. Section 2.55(c)(1)(ii)(C) is revised to read as follows:


Sec.  2.55  Auxiliary installations and replacement facilities.

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (C) A description of the Commission's Landowner Helpline, which an 
affected person may contact to seek an informal resolution of a dispute 
as explained in Sec.  1b.22(a) of this chapter and the Landowner 
Helpline number.
* * * * *

[[Page 5380]]

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND 
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER 
SECTION 7 OF THE NATURAL GAS ACT

0
6. The authority citation for Part 157 continues to read as follows:

    Authority: 15 U.S.C. 717-717z.


0
7. Section 157.203(d)(1)(iii)(D) is revised to read as follows:


Sec.  157.203  Blanket certification.

* * * * *
    (d) * * *
    (1) * * *
    (iii) * * *
    (D) Instruct landowners that, if they are still not satisfied with 
the response, they may contact the Commission's Landowner Helpline at 
the current telephone number and email address, which is to be provided 
in the notification.
* * * * *

PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL 
POLICY ACT

0
8. The authority citation for Part 380 continues to read as follows:

    Authority: 42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR 
1978 Comp., p. 142.


0
9. Section 380.15(c)(1)(ii)(C) is amended to read as follows:


Sec.  380.15  Siting and maintenance requirements.

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (C) A description of the Commission's Landowner Helpline, which an 
affected person may contact to seek an informal resolution of a dispute 
as explained in Sec.  1b.22(a) of this chapter and the Landowner 
Helpline number.
* * * * *
[FR Doc. 2016-01812 Filed 2-1-16; 8:45 am]
 BILLING CODE 6717-01-P



                                           5378              Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Rules and Regulations

                                           ■ b. In paragraph (c), remove the phrase:               the Landowner Helpline reflects an                       transferred the responsibility of dispute-
                                           ‘‘Executive Director,’’ and add in its                  allocation of dedicated resources to                     related calls pertaining to the
                                           place ‘‘Office of the Executive Director’’.             serve the public interest.                               construction and operation of
                                              The revision reads as follows:                       DATES: This rule will become effective                   hydroelectric projects to DRS.5
                                                                                                   March 3, 2016.                                              4. The Commission’s regulations
                                           § 1031.12   Membership criteria.                                                                                 require that natural gas companies
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                           *     *     *     *     *                                                                                        seeking automatic authorization for
                                             (b) All other officials and employees                 Thomas Sharp, Office of the General
                                                                                                                                                            replacement facilities or blanket
                                           not covered under § 1031.12(a) may                      Counsel, 888 First Street NE.,
                                                                                                                                                            certificate authorization for a project
                                           participate as voting members or accept                 Washington, DC 20426, 202–502–6461,                      under the Natural Gas Act (NGA) must
                                           leadership positions in voluntary                       thomas.sharp@ferc.gov.                                   provide all affected landowners with a
                                           standard development groups, when                       SUPPLEMENTARY INFORMATION:                               description of the company’s
                                           authorized with the prior approval of                   Order No. 821                                            environmental complaint resolution
                                           the Office of the Executive Director.                                                                            procedures, including company contact
                                                                                                   Final Rule                                               telephone numbers which landowners
                                           *     *     *     *     *
                                                                                                   (Issued January 21, 2016)                                can use to identify and resolve
                                             Dated: January 27, 2016.
                                                                                                                                                            environmental mitigation problems and
                                           Todd A. Stevenson,                                         1. 1. By this instant Final Rule, the
                                                                                                                                                            concerns during construction of the
                                           Secretary, Consumer Product Safety                      Commission is revising its regulations 1                 project and restoration of the right-of-
                                           Commission.                                             to substitute the Commission’s recently                  way.6 Companies must also provide
                                           [FR Doc. 2016–01778 Filed 2–1–16; 8:45 am]              established Landowner Helpline in                        affected landowners with the current
                                           BILLING CODE 6355–01–P                                  place of the Commission’s Dispute                        telephone number and email address of
                                                                                                   Resolution Service (DRS) as the point of                 the DRS and instruct them that if they
                                                                                                   contact for dispute-related calls, emails,               are not satisfied with the company’s
                                           DEPARTMENT OF ENERGY                                    and letters, pertaining to the                           response to their complaints, they may
                                                                                                   construction or operation of                             contact the DRS.7
                                           Federal Energy Regulatory                               jurisdictional natural gas and                              5. Going forward, the above-described
                                           Commission                                              hydroelectric projects. The Commission                   DRS responsibilities will be handled by
                                                                                                   is implementing this Final Rule as a                     the new OALJDR Landowner Helpline.
                                           18 CFR Parts 1b, 2, 157, and 380                        result of a recent internal
                                                                                                   reorganization, which designated a                       II. Discussion
                                           [Docket No. RM15–26–000; Order No. 821]                 Landowner Helpline function in the                          6. This Final Rule amends 18 CFR
                                           Transferring Certain Dispute                            Commission’s Office of Administrative                    157.203(d)(1)(iii)(D) to substitute the
                                           Resolution Service Matters to the                       Law Judges and Dispute Resolution                        Commission’s recently established
                                           Commission’s Landowner Helpline                         (OALJDR).                                                Landowner Helpline for the DRS
                                                                                                   I. Background                                            Helpline as the contact for members of
                                           AGENCY:  Federal Energy Regulatory                                                                               the public that have unresolved
                                           Commission, Department of Energy                           2. The Commission’s Enforcement                       disputes with pipeline companies
                                           (DOE).                                                  Hotline has been in existence since June                 following use of the pipeline
                                           ACTION: Final rule.                                     1987. In April 1999, the Enforcement                     companies’ environmental complaint
                                                                                                   Hotline was codified under section                       resolution procedure.8 This Final Rule
                                           SUMMARY:    The Commission is revising                  1b.21 of the Commission’s regulations.2                  also removes and renumbers 18 CFR
                                           its regulations to reflect an internal                  In addition to providing information to                  1b.21 (g) and (h) to create 18 CFR 1b.22
                                           reorganization. On June 14, 2013, the                   the public, and informal, non-binding                    (a) and (b), which substitutes the
                                           Dispute Resolution Service moved from                   staff opinions, any person may seek the                  Commission’s recently established
                                           the Commission’s Office of                              Enforcement Hotline’s assistance in the                  Landowner Helpline for the DRS
                                           Administrative Litigation (OAL) to the                  informal resolution of a dispute,                        Helpline as the contact for any person
                                           Commission’s Office of Administrative                   provided that the dispute is not before                  affected by either the construction or
                                           Law Judges (OALJ), and the resulting                    the Commission in a docketed                             operation of natural gas facilities under
                                           new office was named the Office of                      proceeding.3 The Enforcement Hotline                     the NGA or by the construction or
                                           Administrative Law Judges and Dispute                   is staffed by personnel from the Division                operation of a project under the Federal
                                           Resolution (OALJDR). On January 11,                     of Investigations in the Office of                       Power Act (FPA), who may wish to seek
                                           2015, the Commission designated a                       Enforcement.                                             the informal resolution of a dispute.
                                           Landowner Helpline function in the                         3. On April 15, 2010, the Commission                  This final rule makes this same
                                           OALJDR. The revised regulations                         substituted the DRS, with its expertise                  substitution in 18 CFR 2.55(c)(1)(ii)(C)
                                           substitute the Commission’s recently                    in conflict resolution, for the                          and 18 CFR 380.15(c)(1)(ii)(C). These
                                           established Landowner Helpline in                       Enforcement Hotline as the contact for
                                           place of the Commission’s Dispute                       landowners that have unresolved                          2010); FERC Stat. & Regs. ¶ 31,308 (2010) (cross-
                                           Resolution Service (DRS) as the contact                 disputes with natural gas companies                      referenced at 131 FERC ¶ 61,018 (2010)).
                                           for handling dispute-related calls,                     following use of the companies’                             5 Id. These include calls to OEP’s Division of

                                           emails, and letters, pertaining to the                  environmental complaint resolution                       Hydropower Administration and Compliance
                                                                                                                                                            (DHAC) regarding compliance with hydroelectric
                                           construction and operation of                           procedure.4 The Commission also                          project licensing conditions which DHAC elects to
                                           jurisdictional infrastructure projects.
wgreen on DSK2VPTVN1PROD with RULES




                                                                                                                                                            refer to DRS.
                                           This revision does not preclude                           1 18 CFR 1b.21(g-h), 2.55(c)(1)(ii)(C),                   6 18 CFR 157.203(d)(1)(iii) (2015).

                                           disputants from utilizing other means to                157.203(d)(1)(iii)(D), and 380.15(c)(1)(ii)(C) (2015).      7 18 CFR 157.203(d)(1)(iii)(D) (2015).
                                                                                                     2 18 CFR 1b.21 (2015).                                    8 Notwithstanding the name of the helpline, in
                                           address disputes at the Commission.                       3 Id.
                                                                                                                                                            accordance with section 1b.21(g), any person
                                           The transfer of responsibility for                        4 Instant Final Rule Transferring Certain              affected by a jurisdictional project—whether a
                                           dispute-related calls, emails, and letters              Enforcement Hotline Matters to the Dispute               landowner or not—may make use of the Landowner
                                           pertaining to infrastructure projects to                Resolution Service, 75 FR 21503, at 21504 (April 26,     Helpline.



                                      VerDate Sep<11>2014   15:14 Feb 01, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\02FER1.SGM    02FER1


                                                             Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Rules and Regulations                                            5379

                                           changes reflect the allocation of a                     type the docket number excluding the                  PART 1b—RULES RELATING TO
                                           dedicated Commission resource to serve                  last three digits of this document in the             INVESTIGATIONS
                                           the public interest.                                    docket number field.
                                                                                                      12. User assistance is available for               ■ 1. The authority citation for Part 1
                                           III. Information Collection Statement
                                                                                                   eLibrary and the Commission’s Web site                continues to read as follows:
                                              7. Office of Management and Budget                                                                           Authority: 15 U.S.C. 717–717z, 3301–3432;
                                                                                                   during normal business hours from
                                           (OMB) regulations require OMB to                                                                              16 U.S.C. 792–828c, 2601–2645; 42 U.S.C.
                                                                                                   FERC Online Support at 202–502–6652
                                           approve certain information collection                                                                        7101–7352; 49 U.S.C. 60502; 49 App. U.S.C.
                                                                                                   (toll free at 1–866–208–3676) or email at
                                           requirements imposed by agency rule.9                                                                         1–85 (1988); E.O. 12009, 3 CFR 1978 Comp.,
                                                                                                   ferconlinesupport@ferc.gov, or the
                                           However, this instant Final Rule does                                                                         p. 142.
                                                                                                   Public Reference Room at (202) 502–
                                           not contain or modify any information
                                                                                                   8371, TTY (202) 502–8659. Email the                   § 1b.21    [Amended]
                                           collection requirements.
                                                                                                   Public Reference Room at
                                           IV. Environmental Analysis                              public.referenceroom@ferc.gov.                        ■ 2. Section 1b.21 is amended by
                                                                                                                                                         removing paragraphs (g) and (h).
                                             8. The Commission is required to                      VII. Effective Date and Congressional                 ■ 3. Section 1b.22 is added to read as
                                           prepare an Environmental Assessment                     Notification                                          follows:
                                           or an Environmental Impact Statement
                                           for any action that may have a                            13. These regulations are effective as              § 1b.22    Landowner Helpline.
                                           significant adverse effect on the human                 an instant Final Rule without a period                   (a) Any person affected by either the
                                           environment.10 Part 380 of the                          for public comment. Under 5 U.S.C.                    construction or operation of a
                                           Commission’s regulations lists                          533(b), notice and comment procedures                 certificated or authorized natural gas
                                           exemptions to the requirement to draft                  are unnecessary where a rulemaking                    project under the Natural Gas Act or by
                                           an Environmental Assessment or                          concerns only agency procedure or                     the construction or operation of a
                                           Environmental Impact Statement, and                     practice, or where the agency finds that              project under the Federal Power Act
                                           this rulemaking qualifies under the                     notice and comment is unnecessary.                    may seek the informal resolution of a
                                           exemption for procedural, ministerial or                This rule concerns only matters of                    dispute by contacting the Commission’s
                                           internal administrative actions.11                      agency procedure, and will not                        Landowner Helpline. The Commission’s
                                                                                                   significantly affect regulated entities or            Landowner Helpline may be reached by
                                           V. Regulatory Flexibility Act                           the general public. The Commission has                calling toll-free at 1–877–337–2237, or
                                             9. The Regulatory Flexibility Act of                  determined, with the concurrence of the               by email at LandownerHelp@ferc.gov, or
                                           1980 (RFA) 12 generally requires a                      Administrator of the Office of                        writing to: Commission’s Landowner
                                           description and analysis of final rules                 Information and Regulatory Affairs of                 Helpline, Federal Energy Regulatory
                                           that will have significant economic                     OMB, that this rule is not a ‘‘major rule’’           Commission, 888 First Street NE.,
                                           impact on a substantial number of small                 as defined in section 351 of the Small                Washington, DC 20426.
                                           entities. This instant Final Rule                       Business Regulatory Enforcement
                                           concerns agency procedures. The                                                                                  (b) Any person who contacts the
                                                                                                   Fairness Act of 1996.
                                           Commission certifies that it will not                                                                         Landowner Helpline is not precluded
                                                                                                     14. These regulations are effective                 from filing a formal action with the
                                           have a significant economic impact                      March 3, 2016.
                                           upon participants in Commission                                                                               Commission if discussions assisted by
                                           proceedings. Therefore, an analysis                     List of Subjects                                      the Landowner Helpline staff are
                                           under the RFA is thus not required.                                                                           unsuccessful at resolving the matter. A
                                                                                                   18 CFR Part 1b                                        caller may terminate the use of
                                           VI. Document Availability                                                                                     alternative dispute resolution
                                                                                                     Investigations.                                     procedures at any time.
                                             10. In addition to publishing the full
                                           text of this document in the Federal                    18 CFR Part 2
                                           Register, the Commission provides all                                                                         PART 2—GENERAL POLICY AND
                                                                                                     Administrative practice and                         INTERPRETATIONS
                                           interested persons an opportunity to
                                                                                                   procedure, Electric utilities, Natural gas,
                                           view and/or print the contents of this                                                                        ■ 4. The authority citation for Part 2
                                                                                                   Pipelines, Reporting and recordkeeping
                                           document via the Internet through the                                                                         continues to read as follows:
                                                                                                   requirements.
                                           Commission’s Home Page (http://
                                           www.ferc.gov) and in the Commission’s                   18 CFR Part 157                                         Authority: 5 U.S.C. 601; 15 U.S.C. 717–
                                           Public Reference Room during normal                                                                           717z, 3301–3432; 16 U.S.C. 792–828c, 2601–
                                                                                                     Administrative practice and                         2645; 42 U.S.C. 4321–4370h, 7101–7352.
                                           business hours (8:30 a.m. to 5:00 p.m.
                                           Eastern time) at 888 First Street NE.,                  procedure, Natural gas, Reporting and                 ■ 5. Section 2.55(c)(1)(ii)(C) is revised to
                                           Room 2A, Washington, DC 20426.                          recordkeeping requirements.                           read as follows:
                                             11. From the Commission’s Home                        18 CFR Part 380
                                           Page on the Internet, this information is                                                                     § 2.55 Auxiliary installations and
                                                                                                                                                         replacement facilities.
                                           available on eLibrary. The full text of                   Environmental impact statements,
                                           this document is available on eLibrary                  Reporting and recordkeeping                           *      *    *     *    *
                                           in PDF and Microsoft Word format for                    requirements.                                           (c) * * *
                                           viewing, printing, and/or downloading.                                                                          (1) * * *
                                                                                                     By the Commission.
                                           To access this document in eLibrary,                                                                            (ii) * * *
                                                                                                     Issued: January 21, 2016.
                                                                                                                                                           (C) A description of the Commission’s
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                                             95                                                    Nathaniel J. Davis, Sr.,                              Landowner Helpline, which an affected
                                                 CFR 1320.12 (2015).
                                             10 Order No. 486, Regulations Implementing the        Deputy Secretary.                                     person may contact to seek an informal
                                           National Environmental Policy Act of 1969, 52 FR                                                              resolution of a dispute as explained in
                                           47897 (Dec. 17, 1987), FERC Stats. & Regs.
                                                                                                     In consideration of the foregoing, the
                                           Preambles 1986–1990 ¶ 30,783 (1987).                    Commission amends Parts 1b, 2, 157,                   § 1b.22(a) of this chapter and the
                                             11 18 CFR 380.4(a)(1) (2015).                         and 380, Chapter I, Title 18, Code of                 Landowner Helpline number.
                                             12 5 U.S.C. 601–612 (2012).                           Federal Regulations, as follows.                      *      *    *     *    *


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                                           5380              Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Rules and Regulations

                                           PART 157—APPLICATIONS FOR                               SUMMARY:   In this document, the                         Under 5 CFR 1320, an agency may not
                                           CERTIFICATES OF PUBLIC                                  Commission announces that the Office                  conduct or sponsor a collection of
                                           CONVENIENCE AND NECESSITY AND                           of Management and Budget (OMB)                        information unless it displays a current,
                                           FOR ORDERS PERMITTING AND                               approved on January 19, 2016, for a                   valid OMB Control Number.
                                           APPROVING ABANDONMENT UNDER                             period for three years, an information                   No person shall be subject to any
                                           SECTION 7 OF THE NATURAL GAS                            collection for FCC Form 338, AM                       penalty for failing to comply with a
                                           ACT                                                     Station Modulation Dependent Carrier                  collection of information subject to the
                                                                                                   Level (MDCL) Notification Form and 47                 Paperwork Reduction Act that does not
                                           ■ 6. The authority citation for Part 157                CFR 73.1560 contained in the Report                   display a current, valid OMB Control
                                           continues to read as follows:                           and Order, FCC 15–142. This document                  Number. The OMB Control Number is
                                               Authority: 15 U.S.C. 717–717z.                      is consistent with the Report and Order,              3060–1194. The foregoing document is
                                                                                                   which stated that the Commission                      required by the Paperwork Reduction
                                           ■ 7. Section 157.203(d)(1)(iii)(D) is
                                                                                                   would publish a document in the                       Act of 1995, Public Law 104–13,
                                           revised to read as follows:
                                                                                                   Federal Register announcing OMB                       October 1, 1995, and 44 U.S.C. 3507.
                                           § 157.203    Blanket certification.                     approval and the effective date of the                The total annual reporting burdens and
                                           *       *    *     *     *                              requirements.                                         costs for the respondents are as follows:
                                              (d) * * *                                                                                                     OMB Control Number: 3060–1194.
                                                                                                   DATES:  The amendment to 47 CFR                          OMB Approval Date: January 19,
                                              (1) * * *                                            73.1560 in the final rule published at 81
                                              (iii) * * *                                                                                                2016.
                                                                                                   FR 2751, January 19, 2016, is effective                  OMB Expiration Date: January 31,
                                              (D) Instruct landowners that, if they
                                                                                                   on March 3, 2016.                                     2019.
                                           are still not satisfied with the response,
                                           they may contact the Commission’s                       FOR FURTHER INFORMATION CONTACT: For                     Title: AM Station Modulation
                                           Landowner Helpline at the current                       additional information contact Cathy                  Dependent Carrier Level (MDCL)
                                           telephone number and email address,                     Williams, Cathy.Williams@fcc.gov, (202)               Notification Form; FCC Form 338.
                                           which is to be provided in the                          418–2918.                                                Form Number: FCC Form 338.
                                           notification.                                                                                                    Type of Review: New information
                                                                                                   SUPPLEMENTARY INFORMATION: This
                                                                                                                                                         collection.
                                           *       *    *     *     *                              document announces that, on January
                                                                                                                                                            Respondents: Business or other for-
                                                                                                   19, 2016, OMB approved the
                                           PART 380—REGULATIONS                                                                                          profit entities; Not-for-profit
                                                                                                   information collection requirements for
                                           IMPLEMENTING THE NATIONAL                                                                                     institutions.
                                                                                                   FCC Form 338, AM Station Modulation                      Number of Respondents and
                                           ENVIRONMENTAL POLICY ACT                                Dependent Carrier Level (MDCL)                        Responses: 100 respondents and 100
                                                                                                   Notification Form and 47 CFR 73.1560,                 responses.
                                           ■ 8. The authority citation for Part 380                published at 81 FR2751 on January 19,
                                           continues to read as follows:                                                                                    Estimated Hours per Response: 1
                                                                                                   2016. The OMB Control Number is                       hour.
                                             Authority: 42 U.S.C. 4321–4370h, 7101–                3060–1194. The Commission publishes                      Frequency of Response: On occasion
                                           7352; E.O. 12009, 3 CFR 1978 Comp., p. 142.             this document as an announcement of                   reporting requirement.
                                           ■9. Section 380.15(c)(1)(ii)(C) is                      the effective date of the requirements. If               Total Annual Burden: 100 hours.
                                           amended to read as follows:                             you have any comments on the burden                      Total Annual Costs: None.
                                                                                                   estimates listed below, or how the                       Obligation to Respond: Required to
                                           § 380.15 Siting and maintenance                         Commission can improve the
                                           requirements.
                                                                                                                                                         obtain or retain benefits. The statutory
                                                                                                   collections and reduce any burdens                    authority for this information collection
                                           *      *    *     *    *                                caused thereby, please contact Cathy                  is contained in Sections 154(i), 303, 310
                                             (c) * * *                                             Williams, Federal Communications                      and 533 of the Communications Act of
                                             (1) * * *                                             Commission, Room 1–C823, 445 12th
                                             (ii) * * *                                                                                                  1934, as amended.
                                                                                                   Street SW., Washington, DC 20554.                        Nature and Extent of Confidentiality:
                                             (C) A description of the Commission’s                 Please include the OMB Control
                                           Landowner Helpline, which an affected                                                                         There is no need for confidentiality
                                                                                                   Number, 3060–1194, in your                            required with this collection of
                                           person may contact to seek an informal                  correspondence. The Commission will
                                           resolution of a dispute as explained in                                                                       information.
                                                                                                   also accept your comments via the                        Privacy Impact Assessment: No
                                           § 1b.22(a) of this chapter and the                      Internet if you send them to PRA@
                                           Landowner Helpline number.                                                                                    impact(s).
                                                                                                   fcc.gov.                                                 Needs and Uses: On October 31, 2013,
                                           *      *    *     *    *                                  To request materials in accessible                  the Commission released the Notice of
                                           [FR Doc. 2016–01812 Filed 2–1–16; 8:45 am]
                                                                                                   formats for people with disabilities                  Proposed Rule Making, Revitalization of
                                           BILLING CODE 6717–01–P
                                                                                                   (Braille, large print, electronic files,              the AM Radio Service (NPRM), FCC 13–
                                                                                                   audio format), send an email to fcc504@               139, MB Docket No. 13–249. In the
                                                                                                   fcc.gov or call the Consumer and                      NPRM, the Commission recognized that
                                           FEDERAL COMMUNICATIONS                                  Governmental Affairs Bureau at (202)                  in September 2011, the Media Bureau
                                           COMMISSION                                              418–0530 (voice), (202) 418–0432                      (Bureau) had released an MDCL Public
                                                                                                   (TTY).                                                Notice, in which it stated that it would
                                           47 CFR Part 73                                                                                                permit AM stations, by rule waiver or
                                                                                                   Synopsis
                                           [MB Docket No. 13–249; FCC 15–142]                                                                            experimental authorization, to use
                                                                                                     As required by the Paperwork                        transmitter control techniques that vary
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                                           Revitalization of the AM Radio Service                  Reduction Act of 1995 (44 U.S.C. 3507),               either the carrier power level or both the
                                           AGENCY:   Federal Communications                        the FCC is notifying the public that it               carrier and sideband power levels as a
                                           Commission.                                             received OMB approval on January 19,                  function of the modulation level. This
                                                                                                   2016, for the information collection                  allows AM licensees to reduce power
                                           ACTION: Final rule; announcement of
                                                                                                   requirements contained in the                         consumption while maintaining audio
                                           effective date.
                                                                                                   information collection 3060–1194.                     quality and their licensed station


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Document Created: 2016-02-02 00:31:47
Document Modified: 2016-02-02 00:31:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will become effective March 3, 2016.
ContactThomas Sharp, Office of the General Counsel, 888 First Street NE., Washington, DC 20426, 202-502-6461, [email protected]
FR Citation81 FR 5378 

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