### 70918 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Proposed Rules

resources that are technically capable of providing ancillary services on the grid. More recently, the Commission issued Order No. 745, which addresses compensation for demand response resources participating in organized wholesale energy markets.

VI. Elements of Plan Plan To Develop Culture of Retrospective Analysis

As described in Part V of this plan, the Commission has developed a strong and longstanding culture of retrospective analysis of its existing significant regulations. The Commission currently has several proceedings in which it is examining regulations to ensure they continue to be appropriate to meet the goal of the regulations without imposing an undue burden. These proceedings were initiated in large part because the Commission has a culture of retrospective analysis of its rules. In addition, since the issuance of Executive Orders 13563 and 13579, Commission staff has sought to expand the Commission’s effort to conduct regulatory reform and to make suggestions to modify, improve, or repeal regulations that may further the purpose of the executive orders. The Commission also considers the spirit of these Executive Orders when evaluating possible new regulations.

Prioritization

Before Commission staff identifies candidate regulations to review, it will consider a number of factors, including measures to effectively carry out the Commission’s statutory responsibilities; staff resources; market dynamics; the effect of regulations on small businesses; comments from other agencies, stakeholders, and regulated entities; stakeholder actions; government actions; technological developments; and the public interest. Currently, Commission staff has not compiled a list of candidate rules for which it will recommend review in the next two years. Structure and Staffing

Name/Position Title: Christy Walsh, Special Counsel, Office of the General Counsel.

Email address: Christy.walsh@ferc.gov. Independence

Because of staff limitations, the Commission cannot separate staff involved with retrospective review of regulations from staff responsible for writing and implementing regulations. Instead, in order to maintain sufficient independence staff involved with the retrospective review, the Commission has created a team consisting of staff from all of the Commission’s offices. In such an environment, the views of those who write and implement regulations pertaining to their respective office would be balanced by the views of the rest of the team. Such a structure ensures objective analysis of individual regulations. Plan for Retrospective Review and Revision of Rules

In addition to continuing the measures described in Part V, this plan establishes a process to enhance the Commission’s retrospective analysis of regulations in the future. Beginning in November 2011, Commission staff will conduct reviews on a biennial basis to identify existing regulations that have become ineffective, outmoded, or overly burdensome. Interagency Coordination and Peer Review

The Commission, as an independent regulatory agency, cannot always coordinate with other federal agencies. The Commission has historically coordinated with state and other federal agencies and has harmonized related regulations, when feasible, in order to reduce redundancy and conflict. Over the last three decades, the Commission has entered into memoranda of understanding and letters of understanding with state governments and other federal agencies. This effort has lead to predictability, clarity, a decrease in costs for the public and regulated entities. The Commission will continue to look for opportunities to further promote interagency coordination.

With respect to peer review, the Commission must seek comments on any proposed change to its regulations. The Commission routinely receives comments on its proposals from industry and other interested individuals. Before issuing a final decision, the Commission must review those comments. VII. Components of Retrospective Analysis

Fulfilling the Commission’s mission involves pursuing two primary goals: ensuring that rates, terms and conditions are just, reasonable and not unduly discriminatory or preferential, and promoting the development of safe, reliable and efficient infrastructure that serves the public interest. When evaluating whether regulations should be reviewed under this Plan, Commission staff will consider a number of factors, including measures to effectively carry out the Commission’s statutory responsibilities, staff resources, whether the regulations contain barriers to entry of new market participants, whether there have been changes in market dynamics, and if there have been stakeholder actions or government actions that could warrant regulatory change. In addition, Commission staff will consider whether new technologies have emerged that may warrant changes in the Commission’s regulations. Commission staff’s review will also include an examination of the effect of regulations on small businesses to ensure that they are not overly burdensome. Finally, Commission staff will consider the public interest, in order to make recommendations on retrospective review.
VIII. Publishing the Agency’s Plan Online

The Commission will publish its retrospective review plan in the Federal Register and on its Web site, http:// www.ferc.gov. A docket on the Commission’s eLibrary, which is its filing and document management system, will be opened for this plan.

Dated: November 10, 2011. Kimberly D. Bose, Secretary.
[FR Doc. 2011–29663 Filed 11–15–11; 8:45 am]

**BILLING CODE 6717–01–P**

**DEPARTMENT OF ENERGY**

**10 CFR Parts 429 and 430**

**[Docket No. EERE–2010–BT–TP–0021]**

**RIN 1904–AC08**

**Energy Conservation Program: Test Procedures for Residential Clothes**  **Washers**

Correction

In proposed rule document 2011– 28543 appearing on pages 69870–69893 in the issue of November 9, 2011, make the following correction:

On page 69870, in the first column, the RIN No. in the heading is corrected to read as set forth above.

[FR Doc. C1–2011–28543 Filed 11–15–11; 8:45 am]

**BILLING CODE 1505–01–D**