[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Rules and Regulations]
[Pages 74028-74033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23587]



[[Page 74028]]

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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.

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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, 
<a href="/cdn-cgi/l/email-protection#d0bdb1a2bbfeb8b5a2a3b8b6b9b5bcb490b6b5a2b3feb7bfa6"><span class="__cf_email__" data-cfemail="aac7cbd8c184c2cfd8d9c2ccc3cfc6ceeacccfd8c984cdc5dc">[email protected]</span></a>.
    Christopher Cook, Office of Secretary, 888 First Street NE, 
Washington, DC 20426, (202) 502-8102, <a href="/cdn-cgi/l/email-protection#53303b213a20273c233b36217d303c3c3813353621307d343c25"><span class="__cf_email__" data-cfemail="6a09021803191e051a020f1844090505012a0c0f1809440d051c">[email protected]</span></a>.

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.
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    \1\ See 5 U.S.C. 552 (2018) (as amended by the FOIA Improvement 
Act of 2016, Pub. L. 114-185 (2016)).
    \2\ See 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.
    \3\ See 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).
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    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\
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    \4\ Department of Education, Availability of Information to the 
Public Dep't of Education, 84 FR 67865 (Dec. 2019).
    \5\ Id.
    \6\ Securities and Exchange Commission, Freedom of Information 
Act Regulations, 86 FR 47561 (Aug. 26, 2021).
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    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.
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    \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.
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    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

[[Page 74029]]

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 <a href="/cdn-cgi/l/email-protection#f28287909e9b91dc8097949780979c9197809d9d9fb294978091dc959d84"><span class="__cf_email__" data-cfemail="bcccc9ded0d5df92ced9dad9ced9d2dfd9ced3d3d1fcdad9cedf92dbd3ca">[email protected]</span></a> or calling (202) 502-8371, 
TTY (202) 502-8659.\8\
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    \8\ For 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 <a href="/cdn-cgi/l/email-protection#9bd4cbcbdbfdfee9f8b5fcf4ed"><span class="__cf_email__" data-cfemail="aee1fefeeec8cbdccd80c9c1d8">[email protected]</span></a> or (202) 502-6595.
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    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.
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    \9\ 5 CFR 1320.12.
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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\
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    \10\ Reguls. 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).
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    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.
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    \11\ 18 CFR 380.4(a)(1).
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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.
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    \12\ 5 U.S.C. 601-12.
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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 
<a href="/cdn-cgi/l/email-protection#6b0d0e190804050702050e181e1b1b04191f2b0d0e1908450c041d"><span class="__cf_email__" data-cfemail="93f5f6e1f0fcfdfffafdf6e0e6e3e3fce1e7d3f5f6e1f0bdf4fce5">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#621217000e0b014c1007040710070c0107100d0d0f22040710014c050d14"><span class="__cf_email__" data-cfemail="86f6f3e4eaefe5a8f4e3e0e3f4e3e8e5e3f4e9e9ebc6e0e3f4e5a8e1e9f0">[email protected]</span></a>.
    14. NAESB WEQ Business Practice Standards; Standards and Models are 
referenced in the amendatory text of this document but were previously 
approved for Sec.  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-and-comment 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:

[[Page 74030]]

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
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.


0
2. In Sec.  2.27, paragraph (f) is revised to read as follows:


Sec.  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

0
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.


0
4. In Sec.  4.60, paragraph (b) is revised to read as follows:


Sec.  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

0
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.


0
6. In Sec.  35.7, paragraph (c) is revised to read as follows:


Sec.  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

0
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.


0
8. Revise Sec.  38.1 to read as follows:


Sec.  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 <a href="/cdn-cgi/l/email-protection#8ffffaede3e6eca1fdeae9eafdeae1eceafde0e0e2cfe9eafdeca1e8e0f9"><span class="__cf_email__" data-cfemail="45353027292c266b3720232037202b2620372a2a2805232037266b222a33">[email protected]</span></a> 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 
<a href="/cdn-cgi/l/email-protection#cea8bce0a7a0bdbeabadbaa7a1a08ea0afbcafe0a9a1b8"><span class="__cf_email__" data-cfemail="7a1c08541314090a1f190e1315143a141b081b541d150c">[email protected]</span></a>. 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/ 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 Same-Time Information Systems (OASIS), 
(WEQ Version 003.3, March 30, 2020);
    (4) WEQ-002, Open Access Same-Time Information Systems (OASIS) 
Business Practice Standards and Communication Protocols (S&CP), (WEQ 
Version 003.3, March 30, 2020);
    (5) WEQ-003, Open Access Same-Time 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 Same-Time 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

0
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.


0
10. In Sec.  154.4, paragraph (c) is revised to read as follows:


Sec.  154.4  Electronic filing of tariffs and related materials.

* * * * *

[[Page 74031]]

    (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

0
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.


0
12. In Sec.  250.16, paragraphs (c)(3) and (d)(2) are revised to read 
as follows:


Sec.  250.16  Format of compliance plan for transportation services and 
affiliate transactions.

* * * * *
    (c) * * *
    (3) The log of affiliate and non-affiliate 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)

0
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.

0
14. In Sec.  260.1, paragraph (b)(4) is revised to read as follows:


Sec.  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.


0
15. In Sec.  260.2, paragraph (b)(4) is revised to read as follows:


Sec.  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

0
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.


0
17. In Sec.  270.501, paragraph (a) is revised to read as follows:


Sec.  270.501  Publication of notice from jurisdictional agency.

* * * * *
    (a) Upon receipt of a notice of determination by a jurisdictional 
agency under Sec.  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.
* * * * *

0
18. In Sec.  270.502, paragraph (e) is revised to read as follows:


Sec.  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

0
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.


0
20. In Sec.  284.12, paragraph (a)(2) is revised to read as follows:


Sec.  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 <a href="/cdn-cgi/l/email-protection#05757067696c662b7760636077606b6660776a6a6845636077662b626a73"><span class="__cf_email__" data-cfemail="bdcdc8dfd1d4de93cfd8dbd8cfd8d3ded8cfd2d2d0fddbd8cfde93dad2cb">[email protected]</span></a>, 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 
<a href="/cdn-cgi/l/email-protection#a1c7d38fc8cfd2d1c4c2d5c8cecfe1cfc0d3c08fc6ced7"><span class="__cf_email__" data-cfemail="1375613d7a7d60637670677a7c7d537d7261723d747c65">[email protected]</span></a>. 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/ org/.
* * * * *

0
21. In Sec.  284.13, paragraph (c)(5) is revised to read as follows:


Sec.  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.
* * * * *

0
22. In Sec.  284.123, paragraph (f)(3) is revised to read as follows:


Sec.  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.
* * * * *

0
23. In Sec.  284.221, paragraph (b)(1) is revised to read as follows:


Sec.  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

[[Page 74032]]

    (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

0
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.


0
25. In Sec.  292.210, paragraph (e)(1) is revised to read as follows:


Sec.  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.
* * * * *

0
26. In Sec.  292.211, paragraph (h)(1) is revised to read as follows:


Sec.  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

0
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.

0
28. In Sec.  341.1, paragraph (c) is revised to read as follows:


Sec.  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

0
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).

0
30. In Sec.  357.3, paragraph (c) is revised to read as follows:


Sec.  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

0
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.


0
32. In Sec.  380.9, paragraph (b) is revised to read as follows:


Sec.  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

0
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).


0
34. In Sec.  385.203, paragraph (d) is revised to read as follows:


Sec.  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.

0
35. In Sec.  385.2011, paragraph (c)(4) is revised to read as follows:


Sec.  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

0
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).

0
37. In Sec.  388.105, paragraph (a) is revised to read as follows:


Sec.  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.
* * * * *

[[Page 74033]]


0
38. In Sec.  388.106, the section heading, paragraph (a), and paragraph 
(b) introductory text are revised to read as follows:


Sec.  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 <a href="/cdn-cgi/l/email-protection#92e2e7f0fefbf1bce0f7f4f7e0f7fcf1f7e0fdfdffd2f4f7e0f1bcf5fde4"><span class="__cf_email__" data-cfemail="c6b6b3a4aaafa5e8b4a3a0a3b4a3a8a5a3b4a9a9ab86a0a3b4a5e8a1a9b0">[email protected]</span></a> 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:
* * * * *

0
39. In Sec.  388.108, the section heading and paragraphs (a)(1) 
introductory text and (b)(1)(i) are revised to read as follows:


Sec.  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);
* * * * *

0
40. In Sec.  388.109, paragraph (a) and paragraph (b) introductory text 
are revised to read as follows:


Sec.  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 Sec.  388.110.
* * * * *

0
41. In Sec.  388.110, the section heading is revised to read as 
follows:


Sec.  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


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