19116 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 

*This fee has not been changed. 

Deadline (days after 

publication in the Fed. 

Reg.) 

Compliance action Order No. 890 

paragraph No. 

180 (9/11/2007) ......... Submit compliance filings with Attachment C (ATC) of the pro forma OATT .......................................... P 140 

210 (10/11/2007) ....... ISOs and RTOs, and transmission providers located within an ISO/RTO footprint, submit FPA section 

206 filings that contain the non-rate terms and conditions set forth in Order No. 890. These filings 

need only contain the revised provisions adopted in Order No. 890 or a demonstration that previously approved variations continue to be consistent with or superior to the revised pro forma 

OATT.

P 157 

P 161 

210 (10/11/2007) ....... Submit compliance filings with Attachment K (Planning) of the pro forma OATT or RTOs and ISOs file 

a demonstration that their planning processes are consistent with or superior to the planning principles in Order No. 890.

P 140 

P 422 

N/A ............................. N/A Transmission Providers must file a revised Attachment C to incorporate any changes to NERC’s 

and NAESB’s reliability and business practice standards to achieve consistency in ATC within 60 

days of completion of the NERC and NAESB processes.

P 325 

N/A ............................. After the submission of FPA section 206 compliance filings, transmission providers may submit FPA 

section 205 filings proposing rates for the services provided for in the tariff, as well as non-rate 

terms and conditions that differ from those set forth in Order No. 890 if those provisions are ‘‘consistent with or superior to’’ the pro forma OATT.

P 135 

[FR Doc. E7–7229 Filed 4–16–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 381 

[Docket No. RM07–12] 

Annual Update of Filing Fees 

April 9, 2007. 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Final rule; annual update of 

Commission filing fees. 

SUMMARY: In accordance with 18 CFR 

381.104, the Commission issues this 

update of its filing fees. This notice 

provides the yearly update using data in 

the Commission’s Management, 

Administrative, and Payroll System to 

calculate the new fees. The purpose of 

updating is to adjust the fees on the 

basis of the Commission’s costs for 

Fiscal Year 2006. 

EFFECTIVE DATE: May 17, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Misiewicz, Office of the 

Executive Director, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Room 4R–03, Washington, 

DC 20426, 202–502–6240. 

SUPPLEMENTARY INFORMATION: Document 

Availability: 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 FERC’s Home Page 

(http://www.ferc.gov) and in FERC’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5 p.m. 

Eastern time) at 888 First Street, NE., 

Room 2A, Washington DC 20426. 

From FERC’s Web site on the Internet, 

this information is available in the 

eLibrary (formerly FERRIS). 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 

and follow other directions on the 

search page. 

User assistance is available for 

eLibrary and other aspects of FERC’s 

website during normal business hours. 

For assistance, contact FERC Online 

Support at 

FERCOnlineSupport@ferc.gov or toll 

free at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 

Annual Update of Filing Fees 

The Federal Energy Regulatory 

Commission (Commission) is issuing 

this notice to update filing fees that the 

Commission assesses for specific 

services and benefits provided to 

identifiable beneficiaries. Pursuant to 18 

CFR 381.104, the Commission is 

establishing updated fees on the basis of 

the Commission’s Fiscal Year 2006 

costs. The adjusted fees announced in 

this notice are effective May 17, 2007. 

The Commission has determined, with 

the concurrence of the Administrator of 

the Office of Information and Regulatory 

Affairs of the Office of Management and 

Budget, that this final rule is not a major 

rule within the meaning of section 251 

of Subtitle E of Small Business 

Regulatory Enforcement Fairness Act, 5 

U.S.C. 804(2). The Commission is 

submitting this final rule to both houses 

of the United States Congress and to the 

Comptroller General of the United 

States. 

The new fee schedule is as follows: 

Fees Applicable to the Natural Gas 

Policy Act: 

1. Petitions for rate approval pursuant 

to 18 CFR 284.123(b)(2). (18 CFR 

381.403): $10,420. 

Fees Applicable to General Activities: 

1. Petition for issuance of a 

declaratory order (except under Part I of 

the Federal Power Act). (18 CFR 

381.302(a)): $20,940. 

2. Review of a Department of Energy 

remedial order: 

Amount in controversy: 

$0–9,999 (18 CFR 381.303(b)): $100. 

$10,000–29,999 (18 CFR 381.303(b)): 

$600. 

$30,000 or more (18 CFR 381.303(a)): 

$30,560. 

3. Review of a Department of Energy 

denial of adjustment: 

Amount in controversy: 

$0–9,999 (18 CFR 381.304(b)): $100. 

$10,000–29,999 (18 CFR 381.304(b)): 

$600. 

$30,000 or more (18 CFR 381.304(a)) 

$16,020. 

4. Written legal interpretations by the 

Office of General Counsel (18 CFR 

381.305(a)): $6,000. 

Fees Applicable to Natural Gas 

Pipelines: 

1. Pipeline certificate applications 

pursuant to 18 CFR 284.224 (18 CFR 

381.207(b)): $1,000*

Fees Applicable to Cogenerators and 

Small Power Producers: 

1. Certification of qualifying status as 

a small power production facility (18 

CFR 381.505(a)): $18,000. 

2. Certification of qualifying status as 

a cogeneration facility (18 CFR 

381.505(a)): $20,380. 

The Commission is eliminating the 

fee for applications for exempt 

wholesale generator status. 


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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 19117 

List of Subjects in 18 CFR Part 381 

Electric power plants, Electric 

utilities, Natural gas, Reporting and 

recordkeeping requirements. 

Thomas R. Herlihy, 

Executive Director. 

■ In consideration of the foregoing, the 

Commission amends part 381, Chapter I, 

Title 18, Code of Federal Regulations, as 

set forth below. 

PART 381—FEES 

■ 1. The authority citation for part 381 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w; 16 U.S.C. 

791–828c, 2601–2645; 31 U.S.C. 9701; 42 

U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. 

U.S.C. 1–85. 

§ 381.302 [Amended] 

■ 2. In 381.302, paragraph (a) is 

amended by removing ‘‘$19,890’’ and 

adding ‘‘$20,940’’ in its place. 

§ 381.303 [Amended] 

■ 3. In 381.303, paragraph (a) is 

amended by removing ‘‘$29,040’’ and 

adding ‘‘$30,560’’ in its place. 

§ 381.304 [Amended] 

■ 4. In 381.304, paragraph (a) is 

amended by removing ‘‘$15,230’’ and 

adding ‘‘$16,020’’ in its place. 

§ 381.305 [Amended] 

■ 5. In 381.305, paragraph (a) is 

amended by removing ‘‘$5,700’’ and 

adding ‘‘$6,000’’ in its place. 

§ 381.403 [Amended] 

■ 6. Section 381.403 is amended by 

removing ‘‘$9,900’’ and adding 

‘‘$10,420’’ in its place. 

§ 381.505 [Amended] 

■ 7. In 381.505, paragraph (a) is 

amended by removing ‘‘$17,110’’ and 

adding ‘‘$18,000’’ in its place and by 

removing ‘‘$19,360’’ and adding 

‘‘$20,380’’ in its place. 

Subpart H of Part 381 [Removed] 

■ 8. Subpart H of part 381 (consisting of 

§ 381.801) is removed. 

[FR Doc. E7–7190 Filed 4–16–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 938 

[PA–147–FOR] 

Pennsylvania Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are removing five required 

amendments to the Pennsylvania 

regulatory program (the ‘‘Pennsylvania 

program’’) regulations under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act) related to 

alternative reclamation plans; 

alternative postmining land use 

determinations; and bond forfeiture 

sites where reclamation is unreasonable, 

unnecessary, or impossible. 

Pennsylvania revised its program to be 

consistent with the corresponding 

Federal regulations and SMCRA. 

We are also approving two of four 

additional requested changes (not 

required) to the Pennsylvania program. 

Pennsylvania revised its program at its 

own initiative to clarify ambiguities and 

initiate changes in its fee collection 

calculations. The two approved changes 

are in regard to a typographical 

reference error and the evaluation of 

bond forfeiture sites. We are deferring 

our decision on two changes in regard 

to the discontinuation of a $100 per acre 

reclamation fee. 

EFFECTIVE DATE: April 17, 2007. 

FOR FURTHER INFORMATION CONTACT: 

George Rieger, Chief, Pittsburgh Field 

Division, Telephone: (717) 782–4036, email: grieger@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Pennsylvania Program 

II. Submission of the Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Pennsylvania 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of the Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to the Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the 

Pennsylvania program on July 30, 1982. 

You can find background information 

on the Pennsylvania program, including 

the Secretary’s findings, the disposition 

of comments, and conditions of 

approval in the July 30, 1982, Federal 

Register (47 FR 33050). You can also 

find later actions concerning 

Pennsylvania’s program and program 

amendments at 30 CFR 938.11, 938.12, 

938.13, 938.15 and 938.16. 

II. Submission of the Amendment 

By letter dated May 23, 2006 the 

Pennsylvania Department of 

Environmental Protection (PADEP) sent 

us an amendment to revise its program 

regulations at 25 Pennsylvania Code 

(Administrative Record No. PA 793.11) 

under SMCRA (30 U.S.C. 1201 et seq.). 

Pennsylvania sent the amendment in 

response to five required program 

amendments codified in the Federal 

regulations at 30 CFR 938.16 (mm), (nn), 

(oo), (pp), and (qq), and to include four 

additional changes made at its own 

initiative. The required amendments 

pertain to alternative reclamation plans, 

alternative post mining land use 

determinations, and bond forfeiture 

sites where reclamation is unreasonable, 

unnecessary, or impossible and were 

required in a final rule notice published 

in the Federal Register on October 24, 

1991 (56 FR 55080). The revisions that 

Pennsylvania proposed at its own 

initiative concern money received from 

reclamation fees and the evaluation of 

bond forfeiture sites. 

We announced receipt of the 

proposed amendment in the August 28, 

2006, Federal Register (71 FR 50868). In 

the same document, we opened the 

public comment period and provided an 

opportunity for a public hearing or 

meeting on the amendment’s adequacy 

(Administrative Record No. PA 793.17). 

The public comment period ended on 

September 27, 2006. We did not hold a 

public hearing or meeting because no 

one requested one. We received written 

comments from three Federal agencies 

and one environmental organization. 

III. OSM’s Findings 

Following are the findings we made 

concerning the amendment under 

SMCRA and the Federal regulations at 

30 CFR 732.15 and 732.17. We are 

approving the amendment, except as 

noted below, which includes removing 

five required amendments to the 

Pennsylvania regulatory program. We 


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