83 FR 8019 - Withdrawal of Pleadings
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 83, Issue 37 (February 23, 2018)
Federal Energy Regulatory Commission
Federal Register Volume 83, Issue 37 (February 23, 2018)
| Page Range | 8019-8020 | |
| FR Document | 2018-03648 |
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)] [Proposed Rules] [Pages 8019-8020] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03648] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 385 [Docket No. RM18-7-000] Withdrawal of Pleadings AGENCY: Federal Energy Regulatory Commission. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Commission proposes to adopt 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 proposes to clarify the text of the Rule. DATES: Comments are due March 26, 2018. ADDRESSES: Comments, identified by docket number, may be filed in the following ways:Electronic Filing through http://www.ferc.gov. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format. Mail/Hand Delivery: Those unable to file electronically may mail or hand-deliver comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Comment Procedures Section of this document. FOR FURTHER INFORMATION CONTACT: Vince Mareino, 888 First Street NE, Washington, DC 20426, (202) 502-6167, Vince.Mareino@ferc.gov. SUPPLEMENTARY INFORMATION: 1. In this Notice of Proposed Rulemaking (NOPR), the Commission proposes to clarify the title and text of Rule 216 of the Commission's Rules of Practice and Procedure, 18 CFR 385.216. The Commission proposes to adopt a more accurate title of ``Withdrawal of pleadings (Rule 216).'' The Commission also proposes to clarify the text of the Rule. I. Discussion 2. The Commission proposes two changes to Rule 216. First, the current title may confuse some readers by implying that Rule 216 governs the withdrawal of tariff or rate filings, which are instead governed by separate [[Page 8020]] regulations.\1\ Thus, the Commission proposes changing the title from ``Withdrawal of pleadings and tariff or rate filings (Rule 216)'' to ``Withdrawal of pleadings (Rule 216).'' --------------------------------------------------------------------------- \1\ E.g., 18 CFR 35.17, 154.205, 284.123, 341.13. --------------------------------------------------------------------------- 3. Second, the Commission proposes changing 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 proposes a conforming change, to refer to ``person'' rather than ``party,'' in Rule 216(c). II. Information Collection Statement 4. 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 NOPR does not contain new or modified information collection or recordkeeping requirements. III. Environmental Analysis 5. 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.\2\ 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.\3\ Included is an exemption for procedural actions. As this NOPR falls within that exemption, issuance of the NOPR 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. --------------------------------------------------------------------------- \2\ Regulations Implementing National Environmental Policy Act of 1969, Order No. 486, FERC Stats. & Regs. 30,783 (1987) (cross- referenced at 41 FERC 61,284). \3\ 18 CFR 380.4(a)(1) (2017). --------------------------------------------------------------------------- IV. Regulatory Flexibility Act Analysis 6. The Regulatory Flexibility Act of 1980 (RFA) \4\ generally requires a description and analysis of proposed rules that will have significant economic impact on a substantial number of small entities. This NOPR concerns clarifications to agency procedure. The Commission certifies that the proposed clarifications will not have an economic impact upon participants in Commission proceedings and, therefore, an analysis under the RFA is not required. --------------------------------------------------------------------------- \4\ 5 U.S.C. 601-612 (2012). --------------------------------------------------------------------------- V. Comment Procedures 7. The Commission invites interested persons to submit comments on the matters and issues proposed in this notice to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due March 26, 2018. Comments must refer to Docket No. RM18-7-000, and must include the commenter's name, the organization they represent, if applicable, and their address in their comments. 8. The Commission encourages comments to be filed electronically via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing formats. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format. Commenters filing electronically do not need to make a paper filing. 9. Commenters that are not able to file comments electronically must send an original of their comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426. 10. All comments will be placed in the Commission's public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters on this proposal are not required to serve copies of their comments on other commenters. 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 website during normal business hours from the Commission's Online Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502- 8371, TTY (202) 502-8659. Email the Public Reference Room at public.referenceroom@ferc.gov. By direction of the Commission. Issued: February 15, 2018. Nathaniel J. Davis, Sr., Deputy Secretary. List of Subjects in 18 CFR Part 385 Electric power rates, Electric power, Reporting and recordkeeping requirements. In consideration of the foregoing, the Commission proposes to amend 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. Revise the title of section 385.216 to read as follows: Sec. 385.216 Withdrawal of pleadings (Rule 216). 0 3. Revise section 385.216(a) to read as follows: (a) Filing. Any person may seek to withdraw its pleading 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. * * * * * 0 4. Revise section 385.216(c) to read as follows: * * * * * (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. 2018-03648 Filed 2-22-18; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules 8019
§ 39.13 [Amended] for this AD, if requested using the procedures DEPARTMENT OF ENERGY
■ 2. The FAA amends § 39.13 by adding found in 14 CFR 39.19. In accordance with
the following new airworthiness 14 CFR 39.19, send your request to your Federal Energy Regulatory
principal inspector or local Flight Standards Commission
directive (AD): District Office, as appropriate. If sending
The Boeing Company: Docket No. FAA– information directly to the manager of the
2018–0114; Product Identifier 2017– certification office, send it to the attention of 18 CFR Part 385
NM–167–AD. the person identified in paragraph (j)(1) of
this AD. Information may be emailed to: 9- [Docket No. RM18–7–000]
(a) Comments Due Date
ANM-Seattle-ACO-AMOC-Requests@faa.gov.
We must receive comments by April 9, (2) Before using any approved AMOC, Withdrawal of Pleadings
2018. notify your appropriate principal inspector,
(b) Affected ADs or lacking a principal inspector, the manager AGENCY: Federal Energy Regulatory
of the local flight standards district office/ Commission.
None. certificate holding district office.
ACTION: Notice of proposed rulemaking.
(c) Applicability (3) An AMOC that provides an acceptable
level of safety may be used for any repair,
This AD applies to The Boeing Company modification, or alteration required by this SUMMARY: The Commission proposes to
Model 787 series airplanes, certificated in adopt a more accurate title of
AD if it is approved by the Boeing
any category, powered by Rolls Royce Trent Withdrawal of pleadings (Rule 216), for
Commercial Airplanes Organization
1000 engines. Rule 216 of the Commission’s Rules of
Designation Authorization (ODA) that has
(d) Subject been authorized by the Manager, Seattle ACO Practice and Procedure. The
Air Transport Association (ATA) of Branch, to make those findings. To be Commission also proposes to clarify the
America Code 78, Engine Exhaust System. approved, the repair method, modification text of the Rule.
deviation, or alteration deviation must meet
(e) Unsafe Condition the certification basis of the airplane, and the DATES: Comments are due March 26,
This AD was prompted by reports of approval must specifically refer to this AD. 2018.
failures of the inner fixed structure (IFS) (4) For service information that contains
steps that are labeled as RC, the provisions
ADDRESSES: Comments, identified by
forward upper fire seal and damage to docket number, may be filed in the
thermal insulation blankets in the forward of paragraphs (i)(4)(i) and (i)(4)(ii) of this AD
upper area of the thrust reverser (TR). We are apply. following ways:
issuing this AD to prevent failure of the IFS (i) The steps labeled as RC, including • Electronic Filing through http://
forward upper fire seal, which causes the loss substeps under an RC step and any figures www.ferc.gov. Documents created
of seal pressurization and allows fan bypass identified in an RC step, must be done to electronically using word processing
air to enter the engine core compartment. Fan comply with the AD. If a step or substep is software should be filed in native
bypass air entering the engine core labeled ‘‘RC Exempt,’’ then the RC applications or print-to-PDF format and
compartment could degrade the ability to requirement is removed from that step or
substep. An AMOC is required for any
not in a scanned format.
detect and extinguish an engine fire,
resulting in an uncontrolled fire. deviations to RC steps, including substeps • Mail/Hand Delivery: Those unable
Furthermore, fan bypass air entering the and identified figures. to file electronically may mail or hand-
engine core compartment could cause (ii) Steps not labeled as RC may be deliver comments to: Federal Energy
damage to the TR insulation blanket, deviated from using accepted methods in Regulatory Commission, Secretary of the
resulting in thermal damage to the TR inner accordance with the operator’s maintenance Commission, 888 First Street NE,
wall, the subsequent release of engine or inspection program without obtaining Washington, DC 20426.
exhaust components, and consequent damage approval of an AMOC, provided the RC steps,
Instructions: For detailed instructions
to critical areas of the airplane. including substeps and identified figures, can
still be done as specified, and the airplane on submitting comments and additional
(f) Compliance information on the rulemaking process,
can be put back in an airworthy condition.
Comply with this AD within the see the Comment Procedures Section of
compliance times specified, unless already (j) Related Information this document.
done. (1) For more information about this AD, FOR FURTHER INFORMATION CONTACT:
contact Tak Kobayashi, Aerospace Engineer,
(g) Required Actions
Propulsion Section, FAA, Seattle ACO
Vince Mareino, 888 First Street NE,
For Model 787–8 and 787–9 series Branch, 2200 South 216th St., Des Moines, Washington, DC 20426, (202) 502–6167,
airplanes identified in Boeing Alert Service WA; phone: 206–231–3553; email: Vince.Mareino@ferc.gov.
Bulletin B787–81205–SB780033–00, Issue Takahisha.Kobayashi@faa.gov. SUPPLEMENTARY INFORMATION:
001, dated November 1, 2017 (‘‘BASB B787– (2) For service information identified in
81205–SB780033–00, Issue 001’’): Within 36
1. In this Notice of Proposed
this AD, contact Boeing Commercial Rulemaking (NOPR), the Commission
months after the effective date of this AD, do Airplanes, Attention: Contractual & Data
all applicable actions identified as ‘‘RC’’ Services (C&DS), 2600 Westminster Blvd.,
proposes to clarify the title and text of
(required for compliance) in, and in MC 110–SK57, Seal Beach, CA 90740–5600; Rule 216 of the Commission’s Rules of
accordance with, the Accomplishment telephone 562–797–1717; internet https:// Practice and Procedure, 18 CFR 385.216.
Instructions of BASB B787–81205– www.myboeingfleet.com. You may view this The Commission proposes to adopt a
SB780033–00, Issue 001. referenced service information at the FAA, more accurate title of ‘‘Withdrawal of
(h) Parts Installation Prohibition Transport Standards Branch, 2200 South pleadings (Rule 216).’’ The Commission
216th St., Des Moines, WA. For information also proposes to clarify the text of the
For Model 787 series airplanes powered by
on the availability of this material at the Rule.
Rolls Royce Trent 1000 engines, as of the
FAA, call 206–231–3195.
daltland on DSKBBV9HB2PROD with PROPOSALS
effective date of this AD, no person may I. Discussion
install a thrust reverser with an IFS forward Issued in Renton, Washington, on February
upper fire seal having part number (P/N) 14, 2018. 2. The Commission proposes two
725Z3171–127 or P/N 725Z3171–128. Michael Kaszycki, changes to Rule 216. First, the current
(i) Alternative Methods of Compliance Acting Director, System Oversight Division, title may confuse some readers by
(AMOCs) Aircraft Certification Service. implying that Rule 216 governs the
(1) The Manager, Seattle ACO Branch, [FR Doc. 2018–03598 Filed 2–22–18; 8:45 am] withdrawal of tariff or rate filings,
FAA, has the authority to approve AMOCs BILLING CODE 4910–13–P which are instead governed by separate
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![8020 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules
regulations.1 Thus, the Commission and, therefore, an analysis under the Commission’s Online Support at (202)
proposes changing the title from RFA is not required. 502–6652 (toll free at 1–866–208–3676)
‘‘Withdrawal of pleadings and tariff or or email at ferconlinesupport@ferc.gov,
V. Comment Procedures
rate filings (Rule 216)’’ to ‘‘Withdrawal or the Public Reference Room at (202)
of pleadings (Rule 216).’’ 7. The Commission invites interested 502–8371, TTY (202) 502–8659. Email
3. Second, the Commission proposes persons to submit comments on the the Public Reference Room at
changing the first sentence of Rule matters and issues proposed in this public.referenceroom@ferc.gov.
216(a) to read, ‘‘Any person may seek to notice to be adopted, including any
related matters or alternative proposals By direction of the Commission.
withdraw its pleading by filing a notice
of withdrawal.’’ This change clarifies that commenters may wish to discuss. Issued: February 15, 2018.
that it is the person who has submitted Comments are due March 26, 2018. Nathaniel J. Davis, Sr.,
a pleading that may withdraw that Comments must refer to Docket No. Deputy Secretary.
pleading. The Commission also RM18–7–000, and must include the
commenter’s name, the organization List of Subjects in 18 CFR Part 385
proposes a conforming change, to refer
to ‘‘person’’ rather than ‘‘party,’’ in Rule they represent, if applicable, and their
Electric power rates, Electric power,
216(c). address in their comments.
8. The Commission encourages Reporting and recordkeeping
II. Information Collection Statement comments to be filed electronically via requirements.
4. Review by the Office of the eFiling link on the Commission’s In consideration of the foregoing, the
Management and Budget, pursuant to website at http://www.ferc.gov. The Commission proposes to amend Part
section 3507(d) of the Paperwork Commission accepts most standard 385, Chapter I, Title 18, Code of Federal
Reduction Act of 1995, is not required word processing formats. Documents Regulations, as follows.
since this NOPR does not contain new created electronically using word
or modified information collection or processing software should be filed in PART 385—RULES OF PRACTICE AND
recordkeeping requirements. native applications or print-to-PDF PROCEDURE
format and not in a scanned format.
III. Environmental Analysis Commenters filing electronically do not ■ 1. The authority citation for part 385
5. The Commission is required to need to make a paper filing. continues to read as follows:
prepare an Environmental Assessment 9. Commenters that are not able to file
comments electronically must send an Authority: 5 U.S.C. 551–557; 15 U.S.C.
or an Environmental Impact Statement 717–717w, 3301–3432; 16 U.S.C. 791a–825v,
for any action that may have a original of their comments to: Federal
Energy Regulatory Commission, 2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
significant adverse effect on the human 9701; 42 U.S.C. 7101–7352, 16441, 16451–
environment.2 Section 380.4(a)(1) of the Secretary of the Commission, 888 First
Street NE, Washington, DC 20426. 16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
Commission’s regulations exempts (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C.
10. All comments will be placed in
certain actions from the requirement 2461 note (2015).
the Commission’s public files and may
that an Environmental Analysis or
be viewed, printed, or downloaded 2. Revise the title of section 385.216
Environmental Impact Statement be ■
remotely as described in the Document to read as follows:
prepared.3 Included is an exemption for
Availability section below. Commenters
procedural actions. As this NOPR falls
on this proposal are not required to § 385.216 Withdrawal of pleadings (Rule
within that exemption, issuance of the
serve copies of their comments on other 216).
NOPR does not represent a major federal
commenters.
action having a significant adverse effect ■ 3. Revise section 385.216(a) to read as
on the human environment under the VI. Document Availability follows:
Commission’s regulations implementing 11. In addition to publishing the full (a) Filing. Any person may seek to
the National Environmental Policy Act, text of this document in the Federal withdraw its pleading by filing a notice
and, thus, does not require an Register, the Commission provides all of withdrawal. The procedures provided
Environmental Analysis or interested persons an opportunity to in this section do not apply to
Environmental Impact Statement. view and/or print the contents of this withdrawals of tariff or rate filings,
IV. Regulatory Flexibility Act Analysis document via the internet through the which may be withdrawn only as
Commission’s Home Page (http:// provided in the regulations under this
6. The Regulatory Flexibility Act of www.ferc.gov) and in the Commission’s chapter.
1980 (RFA) 4 generally requires a Public Reference Room during normal
description and analysis of proposed * * * * *
business hours (8:30 a.m. to 5:00 p.m.
rules that will have significant Eastern time) at 888 First Street NE, ■ 4. Revise section 385.216(c) to read as
economic impact on a substantial Room 2A, Washington, DC 20426. follows:
number of small entities. This NOPR 12. From the Commission’s Home * * * * *
concerns clarifications to agency Page on the internet, this information is
procedure. The Commission certifies (c) Conditional withdrawal. In order
available on eLibrary. The full text of
that the proposed clarifications will not to prevent prejudice to other
this document is available on eLibrary
have an economic impact upon participants, a decisional authority may,
in PDF and Microsoft Word format for
on motion or otherwise, condition the
daltland on DSKBBV9HB2PROD with PROPOSALS
participants in Commission proceedings viewing, printing, and/or downloading.
withdrawal of any pleading upon a
To access this document in eLibrary,
1 E.g., 18 CFR 35.17, 154.205, 284.123, 341.13. requirement that the withdrawing
type the docket number excluding the
2 Regulations Implementing National person leave material in the record or
last three digits of this document in the
Environmental Policy Act of 1969, Order No. 486, otherwise make material available to
FERC Stats. & Regs. 30,783 (1987) (cross-referenced docket number field.
13. User assistance is available for other participants.
at 41 FERC 61,284).
3 18 CFR 380.4(a)(1) (2017). eLibrary and the Commission’s website [FR Doc. 2018–03648 Filed 2–22–18; 8:45 am]
4 5 U.S.C. 601–612 (2012). during normal business hours from the BILLING CODE 6717–01–P
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Document Created: 2018-02-23 01:32:39
Document Modified: 2018-02-23 01:32:39
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments are due March 26, 2018. | |
| Contact | Vince Mareino, 888 First Street NE, Washington, DC 20426, (202) 502-6167, [email protected] | |
| FR Citation | 83 FR 8019 | |
| CFR Associated | Electric Power Rates; Electric Power and Reporting and Recordkeeping Requirements |
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