74028 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 

1See 5 U.S.C. 552 (2018) (as amended by the 

FOIA Improvement Act of 2016, Pub. L. 114–185 

(2016)). 

2See Federal Records Act Amendments of 2014, 

Public Law 113–187, as amended through Public 

Law 115–85, (enacted November 21, 2017) (codified 

at 44 U.S.C. 2904); see also NARA Bulletin 2020– 

01 (Sept. 30, 2020), https://www.archives.gov/ 

records-mgmt/bulletins/2020/2020-01. 

3See OMB Memorandum M–19–21, Transition to 

Electronic Records, (June 28, 2019) https://

www.archives.gov/files/records-mgmt/policy/m-19-

21-transition-to-federal-records.pdf (providing that 

Federal agencies should ‘‘transition recordkeeping 

to a fully electronic environment that complies with 

all records management laws and regulations.’’); 

OMB Memorandum M–23–7, Update to Transition 

to Electronic Records, (Dec. 23, 2022) https://

www.whitehouse.gov/wp-content/uploads/2022/12/ 

M_23_07-M-Memo-Electronic-Records_final.pdf 

(reinforcing the requirements established in M–19– 

21, reaffirming the underlying goal of the transition 

to electronic records, and updating the previous 

target dates described in M–19–21). 

4 Department of Education, Availability of 

Information to the Public Dep’t of Education, 84 FR 

67865 (Dec. 2019). 

5 Id. 

6Securities and Exchange Commission, Freedom 

of Information Act Regulations, 86 FR 47561 (Aug. 

26, 2021). 

7 In addition, after the proclamation declaring a 

National Emergency concerning the Novel 

Coronavirus Disease (COVID–19), issued by the 

President on March 13, 2020, the Commission 

closed its headquarters building to outside visitors, 

which meant that the public no longer had physical 

access to the Public Reference Room. During the 

two and a half years that the Commission’s 

headquarters building (including the physical 

Public Reference Room) was closed to the public, 

no one requested to visit the Public Reference Room 

and all requests for Commission documents were 

made either via email or by telephone. 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 2, 4, 35, 38 154, 250, 260, 

270, 284, 341, 380, 385, and 388 

[Docket No. RM23–11–000; Order No. 899] 

Requests for Commission Records 

Available in the Public Reference 

Room 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

amends its regulations concerning 

requests for Commission records 

available in the Public Reference Room 

and from the Commission’s website. 

Specifically, the Commission’s 

regulations are revised to remove 

references to the physical Public 

Reference Room at the Commission’s 

headquarters, as the Commission no 

longer has a physical Public Reference 

Room. The revised regulations will 

direct the public to access the records 

that were formerly available in the 

Commission’s physical Public Reference 

Room, which was located at the 

Commission’s headquarters, 888 First 

Street NE, Washington, DC 20426, 

through the Commission’s website. 

Other Commission regulations are being 

amended to reflect this change to 

provide consistency by directing the 

public to the Commission’s website for 

records and/or assistance in obtaining 

Commission records. 

DATES: This rule is effective November 

29, 2023. The incorporation by reference 

of certain material listed in the rule was 

approved by the Director of the Federal 

Register as of April 27, 2020, and 

August 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Mark Hershfield, Office of the General 

Counsel, 888 First Street NE, 

Washington, DC 20426, (202) 502–8597, 

mark.hershfield@ferc.gov. 

Christopher Cook, Office of Secretary, 

888 First Street NE, Washington, DC 

20426, (202) 502–8102, 

christopher.cook@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

1. The Commission amends its 

regulations concerning requests for 

Commission records available in the 

Commission’s physical Public Reference 

Room. Specifically, this final rule 

revises 18 CFR 388.106 to delete 

references to a physical Public 

Reference Room, as the Commission no 

longer has a physical Public Reference 

Room. The revised regulations will 

direct the public to obtain records 

through the Commission’s website 

(www.ferc.gov), which includes 

eLibrary, the official repository of the 

Commission’s records. Moreover, given 

that the Commission’s headquarters will 

no longer have a physical Public 

Reference Room, the Commission is 

revising other regulations, where 

necessary, to direct the public to the 

Commission’s website (www.ferc.gov) 

for access to Commission records 

previously available in the Public 

Reference Room. 

II. Discussion 

2. The purpose of this final rule is to 

ensure that members of the public can 

easily obtain Commission records 

online that were once available in 

physical form in the Public Reference 

Room located at the Commission’s 

headquarters. This final rule is 

consistent with government-wide 

initiatives to transition from hardcopy 

records to electronic records. Notably, 

the FOIA Improvement Act of 2016 

revised that part of the Freedom of 

Information Act (FOIA) regarding 

agency Public Reference Rooms, to 

provide that materials must be available 

‘‘for public inspection in an electronic 

format.’’ 1 Likewise, the National 

Archives Records Administration 

(NARA) 2 and the Office of Management 

and Budget 3 have directed agencies to 

transition records to digital or electronic 

forms to the greatest extent possible. 

This final rule continues the 

Commission’s efforts to comply with the 

government transition to electronic 

recordkeeping. 

3. In that regard, the Commission’s 

action here aligns with that of other 

agencies that have removed their 

physical Public Reference Rooms. For 

example, in December 2019, the 

Department of Education issued a final 

rule requiring records to be available for 

public inspection only in an electronic 

format.4 In the final rule, the 

Department of Education indicated that 

it was making this change ‘‘to reflect the 

emphasis in 5 U.S.C. 552(a)(2) on 

electronic inspection for agency records 

created on or after November 1, 1996.’’ 5

The Securities and Exchange 

Commission, similarly in August 2021, 

adopted a final rule amending its 

regulations to remove references to its 

Public Reference Room due to the lack 

of use of the facilities.6

4. Moreover, in recent years, visitation 

and usage of the Commission’s physical 

Public Reference Room has substantially 

decreased. Over the past 20 years, the 

public has increasingly sought 

Commission records electronically 

through the Commission’s website as 

opposed to visiting the physical Public 

Reference Room in-person. For instance, 

there were only four requests for hard 

copy documents from walk-in visitors to 

the Public Reference Room in 2018, and 

in 2019, there were only seven 

requests.7 Given government-wide 

directives to digitize the government’s 

paper records and the declining use of 

the physical Public Reference Room at 

the Commission’s headquarters, 

physical access to public records does 

not align with Federal initiatives and 

trends throughout the government and 

the country, which call for transitioning 

to a paperless environment. 

5. The Commission will, however, 

ensure that the public will be able to 

access the same records electronically. 

As such, Commission staff intends to 

make hardcopy records electronically 

available, which, along with the 

majority of Commission submissions 

and issuances, will be accessible on the 

Commission’s website. Commission 

staff will also continue enhancing 

online resources to make it convenient 


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8For members of the public seeking on-site access 

to electronic records at FERC Headquarters, staff 

from the Commission’s Office of Public 

Participation (OPP) are available by appointment. 

OPP supports meaningful public engagement and 

participation in Commission proceedings and helps 

members of the public access publicly available 

information and navigate Commission processes. To 

schedule an appointment with OPP staff, the public 

is encouraged to contact OPP at OPP@ferc.gov or 

(202) 502–6595. 

9 5 CFR 1320.12. 

10Reguls. Implementing the Nat’l Env’t Pol’y Act, 

Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC 

Stats. & Regs. ¶ 30,783 (1987) (cross-referenced at 41 

FERC ¶ 61,284). 

11 18 CFR 380.4(a)(1). 

12 5 U.S.C. 601–12. 

for the public to obtain official records 

electronically. The public will be able to 

access records and receive the same 

level of service from Commission staff 

when they seek assistance in obtaining 

Commission records electronically as 

they have in the past by visiting the 

Commission’s website (www.ferc.gov), 

or during normal business hours, by 

emailing public.referenceroom@ferc.gov 

or calling (202) 502–8371, TTY (202) 

502–8659.8

6. Finally, the Commission has also 

reviewed other regulations to ensure 

they are consistent with this rule by 

amending them to substitute references 

to the physical Public Reference Room 

with references to the Commission’s 

website (www.ferc.gov). 

III. Information Collection Statement 

7. The Office of Management and 

Budget (OMB) approves certain 

information collection requirements 

imposed by agency rule.9 However, this 

final rule does not contain any 

additional information collection 

requirements. Therefore, compliance 

with OMB’s regulations is not required. 

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

9. Part 380 of the Commission’s 

regulations lists exemptions to the 

requirement to draft an Environmental 

Analysis or Environmental Impact 

Statement. Included is an exemption for 

procedural, ministerial, or internal 

administrative actions.11 Accordingly, 

this rulemaking is exempt from the 

requirement to draft such documents 

under that provision. 

V. Regulatory Flexibility Act 

10. The Regulatory Flexibility Act of 

1980 (RFA) 12 generally requires a 

description and analysis of final rules 

that will have a significant economic 

impact on a substantial number of small 

entities. This final rule concerns a 

modification of current Commission 

regulations and practices. The 

Commission certifies that it will not 

have a significant economic impact 

upon participants in Commission 

proceedings. An analysis under the RFA 

is, therefore, not required. 

VI. Document Availability and 

Incorporation by Reference 

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 (https://

www.ferc.gov). 

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 

FERC Online Support at (202) 502–6652 

(toll free at 1–866–208–3676) or email at 

ferconlinesupport@ferc.gov or 

public.referenceroom@ferc.gov. 

14. NAESB WEQ Business Practice 

Standards; Standards and Models are 

referenced in the amendatory text of this 

document but were previously approved 

for § 38.1. 

VII. Effective Date 

15. The Commission is issuing this 

rule as a final rule without a period for 

public comment. Under 5 U.S.C. 

553(b)(3)(A), notice-and-comment 

rulemaking procedures are unnecessary 

for ‘‘rules of agency organization, 

procedure, or practice.’’ This rule is, 

therefore, exempt from notice-andcomment rulemaking procedures, 

because it concerns the Commission’s 

procedures and practices. In particular, 

this rule changes the agency’s practice 

related to the location of the public 

reference room. The rule will not 

significantly affect regulated entities or 

the general public. 

16. This rule is effective November 

29, 2023. 

List of Subjects 

18 CFR Part 2 

Administrative practice and 

procedure, Electric utilities, Natural gas, 

Pipelines, Reporting and recordkeeping 

requirements. 

18 CFR Part 4 

Administrative practice and 

procedure, Electric power, Reporting 

and recordkeeping requirements. 

18 CFR Part 35 

Electric power rates, Electric utilities, 

Reporting and recordkeeping 

requirements. 

18 CFR Part 38 

Conflicts of interest, Electric power 

plants, Electric utilities, Incorporation 

by reference, Reporting and 

recordkeeping requirements. 

18 CFR Part 154 

Natural gas, Pipelines, Reporting and 

recordkeeping requirements. 

18 CFR Part 250 

Natural gas, Reporting and 

recordkeeping requirements. 

18 CFR Part 270 

Natural gas, Price controls, Reporting 

and recordkeeping requirements. 

18 CFR Part 284 

Continental shelf, Incorporation by 

reference, Natural gas, Reporting and 

recordkeeping requirements. 

18 CFR Part 292 

Electric power plants, Electric 

utilities, Natural gas, Reporting and 

recordkeeping requirements. 

18 CFR Part 341 

Pipelines, Reporting and 

recordkeeping requirements. 

18 CFR Part 357 

Pipelines, Reporting and 

recordkeeping requirements. 

18 CFR Part 380 

Environmental impact statements, 

Reporting and recordkeeping 

requirements 

18 CFR Part 385 

Administrative practice and 

procedure, Electric power, Penalties, 

Pipelines, Reporting and recordkeeping 

requirements. 

18 CFR Part 388 

Confidential business information, 

Freedom of information. 

By the Commission. 

Issued: October 19, 2023. 

Kimberly D. Bose, 

Secretary. 

In consideration of the foregoing, the 

Commission amends parts 2, 4, 35, 38 

154, 250, 260, 270 284, 341, 380, 385, 

and 388, chapter I, title 18, Code of 

Federal Regulations, as follows: 


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74030 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 

PART 2—GENERAL POLICY AND 

INTERPRETATIONS 

■ 1. 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. 

■ 2. In § 2.27, paragraph (f) is revised to 

read as follows: 

§ 2.27 Availability of North American 

Energy Standards Board (NAESB) Smart 

Grid Standards as non-mandatory 

guidance. 

* * * * * 

(f) Copies of these standards may be 

obtained from the North American 

Energy Standards Board, 801 Travis 

Street, Suite 1675, Houston, TX 77002, 

Tel: (713) 356–0060. NAESB’s website is 

at https://www.naesb.org/. Copies may 

also be obtained from the Federal 

Energy Regulatory Commission’s 

website, https://www.ferc.gov. 

PART 4—LICENSES, PERMITS, 

EXEMPTIONS, AND DETERMINATION 

OF PROJECT COSTS 

■ 3. The authority citation for part 4 

continues to read as follows: 

Authority: 16 U.S.C. 791a–825r; 42 U.S.C. 

7101–7352. 

■ 4. In § 4.60, paragraph (b) is revised to 

read as follows: 

§ 4.60 Applicability and notice to agencies. 

* * * * * 

(b) Notice to agencies. The 

Commission will supply interested 

Federal, state, and local agencies with 

notice of any application for license for 

a water power project 10 MW or less 

and request comment on the 

application. Copies of the application 

will be available for inspection through 

the Commission’s website, https://

www.ferc.gov. The applicant shall also 

furnish copies of the filed application to 

any Federal, state, or local agency that 

so requests. 

* * * * * 

PART 35—FILING OF RATE 

SCHEDULES AND TARIFFS 

■ 5. The authority citation for part 35 

continues to read as follows: 

Authority: 16 U.S.C. 791a–825r, 2601– 

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

■ 6. In § 35.7, paragraph (c) is revised to 

read as follows: 

§ 35.7 Electronic filing of tariffs and 

related materials. 

* * * * * 

(c) Format requirements for electronic 

filing. The requirements and formats for 

electronic filing are listed in 

instructions for electronic filing and for 

each form. These formats are available 

through the Commission’s website, 

https://www.ferc.gov. 

* * * * * 

PART 38—STANDARDS FOR PUBLIC 

UTILITY BUSINESS OPERATIONS AND 

COMMUNICATIONS 

■ 7. The authority citation for part 38 

continues to read as follows: 

Authority: 16 U.S.C. 791–825r, 2601– 

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

■ 8. Revise § 38.1 to read as follows: 

§ 38.1 Incorporation by reference of North 

American Energy Standards Board 

Wholesale Electric Quadrant standards. 

(a) Any public utility that owns, 

operates, or controls facilities used for 

the transmission of electric energy in 

interstate commerce or for the sale of 

electric energy at wholesale in interstate 

commerce and any non-public utility 

that seeks voluntary compliance with 

jurisdictional transmission tariff 

reciprocity conditions must comply 

with the business practice and 

electronic communication standards 

and models promulgated by the North 

American Energy Standards Board 

(NAESB) Wholesale Electric Quadrant 

(WEQ) that are incorporated by 

reference in paragraph (b) of this 

section. The requirements and formats 

for electronic filing are listed in 

instructions for electronic filing and for 

each form. These formats are available 

through the Commission’s website, 

https://www.ferc.gov. 

(b) The material listed in this 

paragraph (b) is incorporated by 

reference into this section with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved material is 

available for inspection at the Federal 

Energy Regulatory Commission (the 

Commission) and at the National 

Archives and Records Administration 

(NARA). Contact the Commission at: 

https://www.ferc.gov, email at 

public.referenceroom@ferc.gov or via 

phone call at (202) 502–8371. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@

nara.gov. The material may be obtained 

from the North American Energy 

Standards Board, 801 Travis Street, 

Suite 1675, Houston, TX 77002, Phone: 

(713) 356–0060; https://www.naesb. 

org/. 

(1) WEQ–000, Abbreviations, 

Acronyms, and Definition of Terms 

(WEQ Version 003.1, September 30, 

2015) (including only the definitions of 

Interconnection Time Monitor, Time 

Error, and Time Error Correction); 

(2) WEQ–000, Abbreviations, 

Acronyms, and Definition of Terms 

(WEQ Version 003.3, March 30, 2020); 

(3) WEQ–001, Open Access SameTime Information Systems (OASIS), 

(WEQ Version 003.3, March 30, 2020); 

(4) WEQ–002, Open Access SameTime Information Systems (OASIS) 

Business Practice Standards and 

Communication Protocols (S&CP), 

(WEQ Version 003.3, March 30, 2020); 

(5) WEQ–003, Open Access SameTime Information Systems (OASIS) Data 

Dictionary, (WEQ Version 003.3, March 

30, 2020); 

(6) WEQ–004, Coordinate Interchange 

(WEQ Version 003.3, March 30, 2020); 

(7) WEQ–005, Area Control Error 

(ACE) Equation Special Cases (WEQ 

Version 003.3, March 30, 2020); 

(8) WEQ–006, Manual Time Error 

Correction (WEQ Version 003.1, Sept. 

30, 2015); 

(9) WEQ–007, Inadvertent Interchange 

Payback (WEQ Version 003.3, March 30, 

2020); 

(10) WEQ–008, Transmission Loading 

Relief (TLR)—Eastern Interconnection 

(WEQ Version 003.3, March 30, 2020); 

(11) WEQ–011, Gas/Electric 

Coordination (WEQ Version 003.3, 

March 30, 2020); 

(12) WEQ–012, Public Key 

Infrastructure (PKI) (WEQ Version 

003.3, March 30, 2020); 

(13) WEQ–013, Open Access SameTime Information Systems (OASIS) 

Implementation Guide, (WEQ Version 

003.3, March 30, 2020); 

(14) WEQ–015, Measurement and 

Verification of Wholesale Electricity 

Demand Response (WEQ Version 003.3, 

March 30, 2020); 

(15) WEQ–021, Measurement and 

Verification of Energy Efficiency 

Products (WEQ Version 003.3, March 

30, 2020); 

(16) WEQ–022, Electric Industry 

Registry (WEQ Version 003.3, March 30, 

2020); and 

(17) WEQ–023, Modeling (WEQ 

Version 003.3, March 30, 2020). 

PART 154—RATE SCHEDULES AND 

TARIFFS 

■ 9. The authority citation for part 154 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w; 31 U.S.C. 

9701; 42 U.S.C. 7102–7352. 

■ 10. In § 154.4, paragraph (c) is revised 

to read as follows: 

§ 154.4 Electronic filing of tariffs and 

related materials. 

* * * * * 


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(c) Format requirements for electronic 

filing. The requirements and formats for 

electronic filing are listed in 

instructions for electronic filing and for 

each form. These formats are available 

through the Commission’s website, 

https://www.ferc.gov. 

* * * * * 

PART 250—FORMS 

■ 11. The authority citation for part 250 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w, 3301– 

3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461 

note. 

■ 12. In § 250.16, paragraphs (c)(3) and 

(d)(2) are revised to read as follows: 

§ 250.16 Format of compliance plan for 

transportation services and affiliate 

transactions. 

* * * * * 

(c) * * * 

(3) The log of affiliate and nonaffiliate information must be provided 

to the Commission upon request and 

must be made available to the public 

under 18 CFR part 385, subpart D. When 

requested by the Commission, the 

information must be provided, within a 

reasonable time, according to the 

specifications and format contained in 

Form No. 592, which can be obtained on 

the Commission’s website, https://

www.ferc.gov. 

(d) * * * 

(2) The discount information must be 

made available to the Commission upon 

request and to the public under 18 CFR 

part 385, subpart D. When requested by 

the Commission, the information must 

be provided, within a reasonable time, 

according to the specifications and 

format contained in Form No. 592, 

which can be obtained on the 

Commission’s website, https://

www.ferc.gov. 

* * * * * 

PART 260—STATEMENTS AND 

REPORTS (SCHEDULES) 

■ 13. The authority citation for part 260 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w, 3301– 

3432; 42 U.S.C. 7101–7352. 

■ 14. In § 260.1, paragraph (b)(4) is 

revised to read as follows: 

§ 260.1 FERC Form No. 2, Annual report 

for Major natural gas companies. 

* * * * * 

(b) * * * 

(4) The form must be filed in 

electronic format only, as indicated in 

the general instructions set out in that 

form. The format for the electronic filing 

is available through the Commission’s 

website, https://www.ferc.gov. One copy 

of the report must be retained by the 

respondent in its files. 

■ 15. In § 260.2, paragraph (b)(4) is 

revised to read as follows: 

§ 260.2 FERC Form No. 2–A, Annual report 

for Nonmajor natural gas companies. 

* * * * * 

(b) * * * 

(4) The form must be filed in 

electronic format only, as indicated in 

the General Instructions set out in that 

form. The format for the electronic filing 

is available through the Commission’s 

website, https://www.ferc.gov. One copy 

of the report must be retained by the 

respondent in its files. 

PART 270—DETERMINATION 

PROCEDURES 

■ 16. The authority citation for part 270 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w, 3301 et. 

seq.; 42 U.S.C. 7101 et seq.; E.O. 12009, 3 

CFR, 1978 Comp., p. 142. 

■ 17. In § 270.501, paragraph (a) is 

revised to read as follows: 

§ 270.501 Publication of notice from 

jurisdictional agency. 

* * * * * 

(a) Upon receipt of a notice of 

determination by a jurisdictional agency 

under § 270.204, the Commission will 

send an acknowledgment to the 

applicant and make the notice available 

through the Commission’s website, 

https://www.ferc.gov. 

* * * * * 

■ 18. In § 270.502, paragraph (e) is 

revised to read as follows: 

§ 270.502 Commission review of final 

determinations. 

* * * * * 

(e) Public notice. The Commission 

will publish notice of the preliminary 

finding in the Federal Register and will 

post the notice on the Commission’s 

website, https://www.ferc.gov. The 

notice will set forth the reasons for the 

preliminary finding. 

* * * * * 

PART 284—CERTAIN SALES AND 

TRANSPORTATION OF NATURAL GAS 

UNDER THE NATURAL GAS POLICY 

ACT OF 1978 AND RELATED 

AUTHORITIES 

■ 19. The authority citation for part 284 

continues to read as follows: 

Authority: 15 U.S.C. 717–717z, 3301– 

3432; 42 U.S.C. 7101–7352; 43 U.S.C. 1331– 

1356. 

■ 20. In § 284.12, paragraph (a)(2) is 

revised to read as follows: 

§ 284.12 Standards for pipeline business 

operations and communications. 

(a) * * * 

(2) The material listed in this 

paragraph (a)(2) is incorporated by 

reference into this section with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved material is 

available for inspection at the Federal 

Energy Regulatory Commission (the 

Commission) and at the National 

Archives and Records Administration 

(NARA). Contact the Commission at: 

https://www.ferc.gov, email 

public.referenceroom@ferc.gov, or via 

phone call at 202–502–8371. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@

nara.gov. The material may be obtained 

from the North American Energy 

Standards Board, 801 Travis Street, 

Suite 1675, Houston, TX 77002, Phone: 

(713) 356–0060; https://www.naesb. 

org/. 

* * * * * 

■ 21. In § 284.13, paragraph (c)(5) is 

revised to read as follows: 

§ 284.13 Reporting requirements for 

interstate pipelines. 

* * * * * 

(c) * * * 

(5) The requirements for the 

electronic index are available through 

the Commission’s website, https://

www.ferc.gov. 

* * * * * 

■ 22. In § 284.123, paragraph (f)(3) is 

revised to read as follows: 

§ 284.123 Rates and charges. 

* * * * * 

(f) * * * 

(3) Format requirements for electronic 

filing. The requirements and formats for 

electronic filing are listed in 

instructions for electronic filing and for 

each form. These formats are available 

through the Commission’s website, 

https://www.ferc.gov. 

* * * * * 

■ 23. In § 284.221, paragraph (b)(1) is 

revised to read as follows: 

§ 284.221 General rule; transportation by 

interstate pipelines on behalf of others. 

* * * * * 

(b) * * * 

(1) An application for a blanket 

certificate under this section must be 

filed electronically. The format for the 

electronic application filing available 

through the Commission’s website, 

https://www.ferc.gov, and must include: 

(i) The name of the interstate pipeline; 

and 


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(ii) A statement by the interstate 

pipeline that it will comply with the 

conditions in paragraph (c) of this 

section. 

* * * * * 

PART 292—REGULATIONS UNDER 

SECTIONS 201 AND 210 OF THE 

PUBLIC UTILITY REGULATORY 

POLICIES ACT OF 1978 WITH REGARD 

TO SMALL POWER PRODUCTION AND 

COGENERATION 

■ 24. The authority citation for part 292 

continues to read as follows: 

Authority: 16 U.S.C. 791a–825r, 2601– 

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

■ 25. In § 292.210, paragraph (e)(1) is 

revised to read as follows: 

§ 292.210 Petition alleging commitment of 

substantial monetary resources before 

October 16, 1986. 

* * * * * 

(e) * * * 

(1) The Commission will issue a 

notice of the petition filed under this 

section and publish the notice in the 

Federal Register. The petition will be 

available to inspect or to download on 

the Commission’s website, https://

www.ferc.gov. 

* * * * * 

■ 26. In § 292.211, paragraph (h)(1) is 

revised to read as follows: 

§ 292.211 Petition for initial determination 

on whether a project has a substantial 

adverse effect on the environment (AEE 

petition). 

* * * * * 

(h) * * * 

(1) The Commission will issue notice 

of the mitigative measures filed by an 

applicant under paragraph (g)(2) of this 

section and will publish the notice in 

the Federal Register. The mitigative 

measures will be on file and available to 

inspect or to download on the 

Commission’s website, https://

www.ferc.gov. 

* * * * * 

PART 341—OIL PIPELINE TARIFFS: 

OIL PIPELINE COMPANIES SUBJECT 

TO SECTION 6 OF THE INTERSTATE 

COMMERCE ACT 

■ 27. The authority citation for part 341 

continues to read as follows: 

Authority: 42 U.S.C. 7101–7352; 49 U.S.C. 

1–27. 

■ 28. In § 341.1, paragraph (c) is revised 

to read as follows: 

§ 341.1 Electronic filing of tariffs and 

related materials. 

* * * * * 

(c) Format requirements for electronic 

filing. The requirements and formats for 

electronic filing are listed in 

instructions for electronic filing and for 

each form. These formats are available 

through the Commission’s website, 

https://www.ferc.gov. 

* * * * * 

PART 357—ANNUAL SPECIAL OR 

PERIODIC REPORTS: CARRIERS 

SUBJECT TO PART I OF THE 

INTERSTATE COMMERCE ACT 

■ 29. The authority citation for part 357 

continues to read as follows: 

Authority: 42 U.S.C. 7101–7352; 49 U.S.C. 

60502; 49 App. U.S.C. 1–85 (1988). 

■ 30. In § 357.3, paragraph (c) is revised 

to read as follows: 

§ 357.3 FERC Form No. 73, Oil Pipeline 

Data for Depreciation Analysis. 

* * * * * 

(c) What to submit. The format and 

data which must be submitted are 

prescribed in FERC Form No. 73, Oil 

Pipeline Data for Depreciation Analysis, 

available for review on the 

Commission’s website https://

www.ferc.gov. 

PART 380—REGULATIONS 

IMPLEMENTING THE NATIONAL 

ENVIRONMENTAL POLICY ACT 

■ 31. 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. 

■ 32. In § 380.9, paragraph (b) is revised 

to read as follows: 

§ 380.9 Public availability of NEPA 

documents and public notice of NEPA 

related hearings and public meetings. 

* * * * * 

(b) The Commission will make 

environmental impact statements, 

environmental assessments, the 

comments received, and any 

underlaying documents available to the 

public pursuant to the provisions of the 

Freedom of Information Act (5 U.S.C. 

552 (1982)). The exclusion in the 

Freedom of Information Act for 

interagency memoranda is not 

applicable where such memoranda 

transmit comments of Federal agencies 

on the environmental impact of the 

proposed action. Such materials will be 

made available to the public through the 

Commission’s website, https://

www.ferc.gov, at a fee and in the manner 

described in part 388 of this chapter. A 

copy of an environmental impact 

statement or environmental assessment 

for hydroelectric projects may also be 

made available for inspection at the 

Commission’s regional office for the 

region where the proposed action is 

located. 

PART 385—RULES OF PRACTICE AND 

PROCEDURE 

■ 33. 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). 

■ 34. In § 385.203, paragraph (d) is 

revised to read as follows: 

§ 385.203 Content of pleadings and tariff 

or rate filings (Rule 203). 

* * * * * 

(d) Form of notice. If a pleading or 

tariff or rate filing must include a form 

of notice suitable for publication in the 

Federal Register, the company shall 

submit the draft notice in accordance 

with the form of notice specifications 

prescribed by the Secretary and posted 

on the Commission’s website under 

Filing Procedures at https://

www.ferc.gov. 

■ 35. In § 385.2011, paragraph (c)(4) is 

revised to read as follows: 

§ 385.2011 Procedures for filing on 

electronic media (Rule 2011). 

* * * * * 

(c) * * * 

(4) The formats for the electronic 

filing and the paper copy are available 

through the Commission’s website, 

https://www.ferc.gov. 

* * * * * 

PART 388—INFORMATION AND 

REQUESTS 

■ 36. The authority citation for part 388 

continues to read as follows: 

Authority: 5 U.S.C. 301–305, 551, 552 (as 

amended), 553–557; 42 U.S.C. 7101–7352; 16 

U.S.C. 824(o l). 

■ 37. In § 388.105, paragraph (a) is 

revised to read as follows: 

§ 388.105 Procedures for press, television, 

radio, and photographic coverage. 

(a) The Commission issues news 

releases on major applications, 

decisions, opinions, orders, 

rulemakings, new publications, major 

personnel changes, and other matters of 

general public interest. Releases are 

issued by and available to the media 

from the Office of External Affairs. 

Releases may be obtained through the 

Commission’s website, https://

www.ferc.gov. 

* * * * * 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 74033 

1The National Technology Transfer and 

Advancement Act of 1995 (NTTAA) defines 

‘‘technical standards’’ as ‘‘performance-based or 

design-specific technical specifications and related 

management systems practices.’’ 15 U.S.C. 272 note. 

The Office of Management and Budget (OMB) 

clarifies that the definition of technical standard 

includes, among other things, the definition of 

terms; classification of components; delineation of 

procedures; specification of dimensions, materials, 

performance, designs, or operations; measurement 

of quality and quantity in describing materials, 

processes, products, systems, services, or practices; 

test methods and sampling procedures; formats for 

information and communication exchange; or 

descriptions of fit and measurements of size or 

strength. Office of Mgmt. & Budget, Exec. Office of 

the President, Revised OMB Circular A–119, 

Federal Participation in the Development and Use 

of Voluntary Consensus Standards and in 

Conformity Assessment Activities 2(a) (Jan. 27, 

2016). 

2See, e.g., Revisions to Reguls. Governing 

Authorization for Constr. of Nat. Gas Pipeline 

Facilities, Order No. 555, FERC Stats. & Regs. 

¶ 30,928 (1991) (cross-referenced at 56 FERC 

¶ 61,414), withdrawn, FERC Stats & Regs. ¶ 30,965 

Continued 

■ 38. In § 388.106, the section heading, 

paragraph (a), and paragraph (b) 

introductory text are revised to read as 

follows: 

§ 388.106 Requests for Commission 

records available from the Commission’s 

website, https://www.ferc.gov. 

(a) Publicly available documents may 

be obtained electronically from the 

Commission’s website, https://

www.ferc.gov, or by requesting them 

from the public.referenceroom@ferc.gov 

by reasonably describing the records 

sought. Additional information on 

charges and services is available on the 

website. 

(b) The public records of the 

Commission that are available for 

inspection and copying upon request 

via the Commission’s website, include: 

* * * * * 

■ 39. In § 388.108, the section heading 

and paragraphs (a)(1) introductory text 

and (b)(1)(i) are revised to read as 

follows: 

§ 388.108 Requests for Commission 

records not available from the 

Commission’s website, https://

www.ferc.gov. 

(a) * * * 

(1) Except as provided in paragraph 

(a)(2) of this section, a person may 

request access to Commission records, 

including records maintained in 

electronic format, that are not available 

through the Commission’s website, 

https://www.ferc.gov, by using the 

following procedures: 

* * * * * 

(b) * * * 

(1) * * * 

(i) Track One—records that are readily 

identifiable and were previously cleared 

for release (including those subject to 

multiple requests and placed on https:// 

www.ferc.gov); 

* * * * * 

■ 40. In § 388.109, paragraph (a) and 

paragraph (b) introductory text are 

revised to read as follows: 

§ 388.109 Fees for record requests. 

(a) Fees for records available through 

the Commission’s website. (1) The fee 

for finding and duplicating records 

available from the Commission’s 

website, https://www.ferc.gov, will vary 

depending on the size and complexity 

of the request. A person can obtain a 

copy of the schedule of fees from the 

Commission’s website, https://

www.ferc.gov. In addition, copies of data 

extracted from the Commission’s files 

through electronic media are available 

on a reimbursable basis, upon written 

request to the Commission. 

(2) Stenographic reports of 

Commission hearings are made by a 

private contractor. Interested persons 

may obtain copies of public hearing 

transcripts from the contractor at prices 

set in the contract, or through the search 

and duplication service noted above. 

Copies of the contract are available for 

public inspection on the Commission’s 

website, https://www.ferc.gov. 

(b) Fees for records not available 

through the Commission’s website 

(FOIA or CEII requests). The cost of 

duplication of records not available 

from the Commission’s website, https:// 

www.ferc.gov, will depend on the 

number of documents requested, the 

time necessary to locate the documents 

requested, and the category of the 

persons requesting the records. The 

procedures for appeal of denial of 

requests for fee waiver or reduction are 

set forth in § 388.110. 

* * * * * 

■ 41. In § 388.110, the section heading 

is revised to read as follows: 

§ 388.110 Procedure for appeal of denial of 

requests for Commission records not 

publicly available, denial of requests for fee 

waiver or reduction, and denial of requests 

for expedited processing. 

* * * * * 

[FR Doc. 2023–23587 Filed 10–27–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 153 and 380 

[Docket No. RM22–8–000; Order No. 900] 

Engineering and Design Materials for 

Liquefied Natural Gas Facilities 

Related to Potential Impacts Caused 

by Natural Hazards 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

issues this final rule to revise its 

regulations governing liquefied natural 

gas (LNG) facilities subject to sections 3 

and 7 of the Natural Gas Act (NGA) by 

removing outdated references for 

seismic hazard evaluations and seismic 

design criteria for LNG facilities. In their 

place, the Commission codifies its 

existing practice of evaluating seismic 

and other natural hazards and design 

criteria for jurisdictional LNG facilities. 

These revisions are intended to reduce 

confusion about applicable technical 

requirements and clarify the 

information required in applications 

filed before the Commission to ensure 

the public is protected from potential 

catastrophic impacts caused by natural 

hazards from design through the 

operation of the LNG facilities. 

DATES: This rule is effective December 

29, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Kohout (Technical 

Information), Office of Energy Projects, 

Federal Energy Regulatory Commission, 

888 First Street NE, Washington, DC 

20426, (202) 502–8053, andrew.kohout@

ferc.gov. 

Kenneth Yu (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street NE, Washington, DC 20426, 

(202) 502–8482, kenneth.yu@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

1. In this final rule, the Federal 

Energy Regulatory Commission 

(Commission or FERC) revises its 

regulations under 18 CFR parts 153 and 

380 governing liquefied natural gas 

(LNG) facilities subject to sections 3 and 

7 of the Natural Gas Act (NGA) by 

removing references to a legacy agency 

(the National Bureau of Standards) that 

has been renamed and two technical 

standards 1 related to seismic hazard 

evaluation and seismic design criteria 

for LNG facilities (Uniform Building 

Code’s (UBC) Seismic Risk Map of the 

United States (Map) and National 

Bureau of Standards Information Report 

(NBSIR) 84–2833, Data Requirements 

for the Seismic Review of LNG Facilities) 

that have become outdated. Consistent 

with the Commission’s previous 

rulemakings to update outdated 

regulations,2 the final rule codifies the 


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