83 FR 23807 - Withdrawal of Pleadings
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 83, Issue 100 (May 23, 2018)
Federal Energy Regulatory Commission
Federal Register Volume 83, Issue 100 (May 23, 2018)
| Page Range | 23807-23808 | |
| FR Document | 2018-11045 |
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)] [Rules and Regulations] [Pages 23807-23808] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11045] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 385 [Docket No. RM18-7-000; Order No. 846] Withdrawal of Pleadings AGENCY: Federal Energy Regulatory Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Commission adopts a more accurate title of ``Withdrawal of pleadings (Rule 216),'' for Rule 216 of the Commission's Rules of Practice and Procedure. The Commission also clarifies the text of the Rule. DATES: This rule is effective June 22, 2018. FOR FURTHER INFORMATION CONTACT: Vince Mareino, 888 First Street NE, Washington, DC 20426, (202) 502-6167, [email protected]. SUPPLEMENTARY INFORMATION: Order No. 846 Final Rule (Issued May 17, 2018) 1. In this Final Rule, as proposed in its Notice of Proposed Rulemaking,\1\ the Commission revises the title and text of Rule 216 of the Commission's Rules of Practice and Procedure, 18 CFR 385.216. The Commission adopts the more accurate title of ``Withdrawal of pleadings (Rule 216).'' The Commission also clarifies the text of the Rule. --------------------------------------------------------------------------- \1\ Withdrawal of Pleadings, 83 FR 8019 (February 23, 2018), 162 FERC ] 61,111 (2018) (NOPR). --------------------------------------------------------------------------- I. Discussion 2. The Commission shall implement two changes to Rule 216. First, the preexisting title may confuse some readers by implying that Rule 216 governs the withdrawal of tariff or rate filings, which are instead governed by separate regulations.\2\ Thus, the Commission revises the title from ``Withdrawal of pleadings and tariff or [[Page 23808]] rate filings (Rule 216)'' to ``Withdrawal of pleadings (Rule 216).'' --------------------------------------------------------------------------- \2\ E.g., 18 CFR 35.17, 154.205, 284.123, 341.13 (2017). --------------------------------------------------------------------------- 3. Second, the Commission revises the first sentence of Rule 216(a) to read, ``Any person may seek to withdraw its pleading by filing a notice of withdrawal.'' This change clarifies that it is the person who has submitted a pleading that may withdraw that pleading. The Commission also makes a conforming change, to refer to ``person'' rather than ``party,'' in Rule 216(c). 4. The Commission received one comment, from A. Hewitt Rose III, an attorney who practices before the Commission. Mr. Rose generally supports the proposed rule but objects to the use of the word ``its'' in the phrase, ``Any person may seek to withdraw its pleading by filing a notice of withdrawal.'' Mr. Rose argues that ``it'' is not necessarily the correct pronoun for the word ``person,'' which refers not only to legal entities but also to natural persons. Mr. Rose notes, however, that the best replacement pronoun, ``their,'' is not universally recognized as the correct pronoun for a singular subject. Therefore, Mr. Rose proposes adjusting the sentence so that ``it'' refers to the pleading, not the person: ``Any person that filed a pleading may seek to withdraw it by filing a notice of withdrawal.'' We accept Mr. Rose's proposal, which serves the Commission's goal of developing a clear and concise set of Rules of Practice and Procedure, and we revise Rule 216(a) accordingly. II. Regulatory Requirements A. Information Collection Statement 5. Review by the Office of Management and Budget, pursuant to section 3507(d) of the Paperwork Reduction Act of 1995, is not required since this Final Rule does not contain new or modified information collection or recordkeeping requirements. B. Environmental Analysis 6. 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.\3\ Section 380.4(a)(1) of the Commission's regulations exempts certain actions from the requirement that an Environmental Analysis or Environmental Impact Statement be prepared.\4\ Included is an exemption for procedural actions. As this Final Rule falls within that exemption, issuance of the Final Rule does not represent a major federal action having a significant adverse effect on the human environment under the Commission's regulations implementing the National Environmental Policy Act, and, thus, does not require an Environmental Analysis or Environmental Impact Statement. --------------------------------------------------------------------------- \3\ Regulations Implementing National Environmental Policy Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987) (cross- referenced at 41 FERC ] 61,284). \4\ 18 CFR 380.4(a)(1) (2017). --------------------------------------------------------------------------- C. Regulatory Flexibility Act Analysis 7. The Regulatory Flexibility Act of 1980 (RFA) \5\ generally requires a description and analysis of proposed rules that will have significant economic impact on a substantial number of small entities. This Final Rule concerns clarifications to agency procedure. The Commission certifies that the proposed clarifications will not have a significant economic impact upon a substantial number of small entities in Commission proceedings and, therefore, an analysis under the RFA is not required. --------------------------------------------------------------------------- \5\ 5 U.S.C. 601-12 (2012). --------------------------------------------------------------------------- D. Document Availability 8. 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. 9. 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. 10. User assistance is available for eLibrary and the Commission's website during normal business hours from FERC Online Support at 202- 502-6652 (toll free at 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]. E. Effective Date and Congressional Notification 11. These regulations are effective June 22, 2018. 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. List of Subjects in 18 CFR Part 385 Electric power rates, Electric power, Reporting and recordkeeping requirements. By the Commission. Issued: May 17, 2018. Kimberly D. Bose, Secretary. In consideration of the foregoing, the Commission hereby 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. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 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); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015). 0 2. In Sec. 385.216, revise the section heading and paragraphs (a) and (c) to read as follows: Sec. 385.216 Withdrawal of pleadings (Rule 216). * * * * * (a) Filing. Any person that filed a pleading may seek to withdraw it by filing a notice of withdrawal. The procedures provided in this section do not apply to withdrawals of tariff or rate filings, which may be withdrawn only as provided in the regulations under this chapter. * * * * * (c) Conditional withdrawal. In order to prevent prejudice to other participants, a decisional authority may, on motion or otherwise, condition the withdrawal of any pleading upon a requirement that the withdrawing person leave material in the record or otherwise make material available to other participants. [FR Doc. 2018-11045 Filed 5-22-18; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations 23807
The Enforcement Office does not there appeared to be no safety reason to Issued this 9th day of May, 2018, in
intend to use its limited resources to do so.6 Washington, DC.
pursue enforcement action against Blane A. Workie,
However, because the regulatory text
airlines for requiring proof of a service is not explicitly clear on this topic and Assistant General Counsel for Aviation
animal’s vaccination, training, or Enforcement and Proceedings, U.S.
the FAA order does not address the Department of Transportation.
behavior so long as the documentation
behavior of service animals, the
is not required for passengers seeking to [FR Doc. 2018–10814 Filed 5–22–18; 8:45 am]
Enforcement Office now intends to
travel with a service animal that is not BILLING CODE 4910–9X–P
an ESA or PSA. Under section 382.27, exercise its enforcement discretion with
carriers may not require advance notice respect to carriers that restrict the
to obtain services or accommodations, movement of ESAs in the cabin. We
except under circumstances specifically recognize the possibility that ESAs may DEPARTMENT OF ENERGY
permitted by rule. As noted above, pose greater in-cabin safety risks
however, under DOT’s rule, airlines are because they may not have undergone Federal Energy Regulatory
permitted to ask for up to 48 hours’ the same level of training as other Commission
advance notice for passengers using service animals (including PSAs).
PSAs and ESAs. 14 CFR 382.27(c)(8). Accordingly, at this time, the 18 CFR Part 385
The Department permits airlines to Enforcement Office will not take action
require 48 hours’ advance notice of a against carriers that impose reasonable [Docket No. RM18–7–000; Order No. 846]
passenger wishing to travel with an ESA restrictions on the movement of ESAs in
or PSA in order to provide the carrier Withdrawal of Pleadings
the cabin so long as the reason for the
the necessary time to assess the restriction is concern for the safety of AGENCY: Federal Energy Regulatory
passenger’s documentation.4 As such, other passengers and crew. Such Commission.
the Enforcement Office does not intend restrictions may include requiring, ACTION: Final rule.
to use its limited resources to pursue where appropriate for the animal’s size,
enforcement action against airlines for that the animal be placed in a pet SUMMARY: The Commission adopts a
requiring proof of a service animal’s carrier, the animal stay on the floor at more accurate title of ‘‘Withdrawal of
vaccination, training, or behavior for the passenger’s feet, or requiring the pleadings (Rule 216),’’ for Rule 216 of
passengers seeking to travel with an animal to be on a leash or tether. the Commission’s Rules of Practice and
ESA or PSA. At present, the Procedure. The Commission also
Enforcement Office is not aware of any Request for Comments clarifies the text of the Rule.
airline requesting information from ESA DATES: This rule is effective June 22,
or PSA users that would make travel This interim statement of enforcement
priorities reflects the Department’s 2018.
with those animals unduly burdensome
or effectively impossible (e.g., requiring current view of where to focus its FOR FURTHER INFORMATION CONTACT:
veterinarians to directly guarantee or limited resources with respect to service Vince Mareino, 888 First Street NE,
certify that an animal will behave animal issues, given airlines recently Washington, DC 20426, (202) 502–6167,
appropriately onboard an aircraft). The announced service animal policies. In Vince.Mareino@ferc.gov.
Enforcement Office will continue to appropriate cases, the Enforcement SUPPLEMENTARY INFORMATION:
monitor the types of information sought Office may take enforcement action
Order No. 846
by ESA and PSA users, however. against carriers for violations that are
not described in this interim statement. Final Rule
Containing Emotional Support Animals
in the Cabin The Department solicits comment on (Issued May 17, 2018)
the effects and implications of adopting
Part 382 does not clearly specify these enforcement priorities. The 1. In this Final Rule, as proposed in
whether or how airlines may restrict the its Notice of Proposed Rulemaking,1 the
comment period will remain open for 15
movement of service animals in the Commission revises the title and text of
days after publication in the Federal
cabin. The FAA determined as a matter Rule 216 of the Commission’s Rules of
Register. Late-received comments will Practice and Procedure, 18 CFR 385.216.
of aircraft safety that passengers may be considered to the extent practicable.
carry service animals in their lap during The Commission adopts the more
After the close of the comment period, accurate title of ‘‘Withdrawal of
all stages of flight, so long as the animal the Department will issue a final
does not weigh more than a lap child pleadings (Rule 216).’’ The Commission
statement of enforcement priorities. also clarifies the text of the Rule.
(i.e., a child that has not reached his or
Comments relating to amending the
her second birthday).5 The Enforcement I. Discussion
Department’s disability regulation
Office then interpreted section 382.117
should be directed to the ANPRM 2. The Commission shall implement
as prohibiting an airline from requiring
service animals to be harnessed in the docket: DOT–OST–2018–0067. two changes to Rule 216. First, the
cabin, and requiring airlines to transport preexisting title may confuse some
service animals in the cabin free of
6 See letter dated March 22, 2010 from the readers by implying that Rule 216
restraining devices while accompanying
Department’s Office of Aviation Enforcement and governs the withdrawal of tariff or rate
Proceedings stating that the office ‘‘has long filings, which are instead governed by
users at their seats in accordance with interpreted this provision to mean that, in general,
applicable safety requirements since separate regulations.2 Thus, the
daltland on DSKBBV9HB2PROD with RULES
service animals should be transported in the cabin
free of restraining devices while accompanying
Commission revises the title from
4 See users at their seats in accordance with applicable ‘‘Withdrawal of pleadings and tariff or
73 FR 27614, 27636 (May 13, 2008).
5 FAA Order 8400.10, FSAT 04–01A (2004) at safety requirements, and prohibits carriers from
http://fsims.faa.gov/WDocs/Bulletins/ otherwise mandating conditions or restrictions not 1 Withdrawal of Pleadings, 83 FR 8019 (February
Information%20Bulletins/ stated in section 382.117.’’ DOT–OST–2008–0272– 23, 2018), 162 FERC ¶ 61,111 (2018) (NOPR).
Air%20Transportation%20Info%20Bulletins%20 0091 at https://www.regulations.gov/ 2 E.g., 18 CFR 35.17, 154.205, 284.123, 341.13
(FSAT)/FSAT0401A.htm. document?D=DOT-OST-2008-0272-0091. (2017).
VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1](https://thefederalregister.org/doc/83_FR_23907/page/1.svg)
![23808 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations
rate filings (Rule 216)’’ to ‘‘Withdrawal falls within that exemption, issuance of Information and Regulatory Affairs of
of pleadings (Rule 216).’’ the Final Rule does not represent a OMB, that this rule is not a ‘‘major rule’’
3. Second, the Commission revises the major federal action having a significant as defined in section 351 of the Small
first sentence of Rule 216(a) to read, adverse effect on the human Business Regulatory Enforcement
‘‘Any person may seek to withdraw its environment under the Commission’s Fairness Act of 1996.
pleading by filing a notice of regulations implementing the National
withdrawal.’’ This change clarifies that Environmental Policy Act, and, thus, List of Subjects in 18 CFR Part 385
it is the person who has submitted a does not require an Environmental
Electric power rates, Electric power,
pleading that may withdraw that Analysis or Environmental Impact
pleading. The Commission also makes a Reporting and recordkeeping
Statement.
conforming change, to refer to ‘‘person’’ requirements.
rather than ‘‘party,’’ in Rule 216(c). C. Regulatory Flexibility Act Analysis By the Commission.
4. The Commission received one 7. The Regulatory Flexibility Act of Issued: May 17, 2018.
comment, from A. Hewitt Rose III, an 1980 (RFA) 5 generally requires a
Kimberly D. Bose,
attorney who practices before the description and analysis of proposed
Commission. Mr. Rose generally rules that will have significant Secretary.
supports the proposed rule but objects economic impact on a substantial In consideration of the foregoing, the
to the use of the word ‘‘its’’ in the number of small entities. This Final Commission hereby amends part 385,
phrase, ‘‘Any person may seek to Rule concerns clarifications to agency
chapter I, title 18, Code of Federal
withdraw its pleading by filing a notice procedure. The Commission certifies
Regulations, as follows:
of withdrawal.’’ Mr. Rose argues that that the proposed clarifications will not
‘‘it’’ is not necessarily the correct have a significant economic impact PART 385—RULES OF PRACTICE AND
pronoun for the word ‘‘person,’’ which upon a substantial number of small PROCEDURE
refers not only to legal entities but also entities in Commission proceedings
to natural persons. Mr. Rose notes, and, therefore, an analysis under the
■ 1. The authority citation for part 385
however, that the best replacement RFA is not required.
continues to read as follows:
pronoun, ‘‘their,’’ is not universally D. Document Availability
recognized as the correct pronoun for a Authority: 5 U.S.C. 551–557; 15 U.S.C.
singular subject. Therefore, Mr. Rose 8. In addition to publishing the full 717–717w, 3301–3432; 16 U.S.C. 791a–825v,
proposes adjusting the sentence so that text of this document in the Federal 2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
‘‘it’’ refers to the pleading, not the Register, the Commission provides all 9701; 42 U.S.C. 7101–7352, 16441, 16451–
person: ‘‘Any person that filed a interested persons an opportunity to 16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
pleading may seek to withdraw it by view and/or print the contents of this (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C.
filing a notice of withdrawal.’’ We document via the internet through the 2461 note (2015).
accept Mr. Rose’s proposal, which Commission’s Home Page (http://
serves the Commission’s goal of www.ferc.gov) and in the Commission’s ■ 2. In § 385.216, revise the section
developing a clear and concise set of Public Reference Room during normal heading and paragraphs (a) and (c) to
Rules of Practice and Procedure, and we business hours (8:30 a.m. to 5:00 p.m. read as follows:
revise Rule 216(a) accordingly. Eastern time) at 888 First Street NE,
Room 2A, Washington, DC 20426. § 385.216 Withdrawal of pleadings (Rule
II. Regulatory Requirements 9. From the Commission’s Home Page 216).
A. Information Collection Statement on the internet, this information is * * * * *
available on eLibrary. The full text of (a) Filing. Any person that filed a
5. Review by the Office of this document is available on eLibrary
Management and Budget, pursuant to pleading may seek to withdraw it by
in PDF and Microsoft Word format for filing a notice of withdrawal. The
section 3507(d) of the Paperwork viewing, printing, and/or downloading.
Reduction Act of 1995, is not required procedures provided in this section do
To access this document in eLibrary,
since this Final Rule does not contain not apply to withdrawals of tariff or rate
type the docket number excluding the
new or modified information collection filings, which may be withdrawn only
last three digits of this document in the
or recordkeeping requirements. docket number field. as provided in the regulations under
10. User assistance is available for this chapter.
B. Environmental Analysis
eLibrary and the Commission’s website * * * * *
6. The Commission is required to
during normal business hours from (c) Conditional withdrawal. In order
prepare an Environmental Assessment
FERC Online Support at 202–502–6652 to prevent prejudice to other
or an Environmental Impact Statement
(toll free at 866–208–3676) or email at participants, a decisional authority may,
for any action that may have a
ferconlinesupport@ferc.gov, or the on motion or otherwise, condition the
significant adverse effect on the human
Public Reference Room at 202–502–
environment.3 Section 380.4(a)(1) of the withdrawal of any pleading upon a
8371, TTY 202–502–8659. Email the
Commission’s regulations exempts requirement that the withdrawing
Public Reference Room at
certain actions from the requirement person leave material in the record or
public.referenceroom@ferc.gov.
that an Environmental Analysis or otherwise make material available to
Environmental Impact Statement be E. Effective Date and Congressional other participants.
prepared.4 Included is an exemption for Notification
daltland on DSKBBV9HB2PROD with RULES
[FR Doc. 2018–11045 Filed 5–22–18; 8:45 am]
procedural actions. As this Final Rule 11. These regulations are effective BILLING CODE 6717–01–P
June 22, 2018. The Commission has
3 Regulations Implementing National
Environmental Policy Act of 1969, Order No. 486,
determined, with the concurrence of the
FERC Stats. & Regs. ¶ 30,783 (1987) (cross- Administrator of the Office of
referenced at 41 FERC ¶ 61,284).
4 18 CFR 380.4(a)(1) (2017). 55 U.S.C. 601–12 (2012).
VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 E:\FR\FM\23MYR1.SGM 23MYR1](https://thefederalregister.org/doc/83_FR_23907/page/2.svg)
Document Created: 2018-05-22 23:49:13
Document Modified: 2018-05-22 23:49:13
| 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 is effective June 22, 2018. | |
| Contact | Vince Mareino, 888 First Street NE, Washington, DC 20426, (202) 502-6167, [email protected] | |
| FR Citation | 83 FR 23807 | |
| CFR Associated | Electric Power Rates; Electric Power and Reporting and Recordkeeping Requirements |
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