Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 13223 

1See, e.g., 12 CFR 311.2, 10 CFR 9.103, and 16 

CFR 4.15 (Regulations of the Federal Deposit 

Insurance Corporation, Nuclear Regulatory 

Commission, and Federal Trade Commission 

limiting the participation of the public to observing 

open meetings). 

List of Subjects in 18 CFR Part 381 

Electric power plants, Electric 

utilities, Natural gas, Reporting and 

recordkeeping requirements. 

Anton C. Porter, 

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 ‘‘$24,260’’ and 

adding ‘‘$24,730’’ in its place. 

§ 381.303 [Amended] 

■ 3. In § 381.303, paragraph (a) is 

amended by removing ‘‘$35,410’’ and 

adding ‘‘$36,100’’ in its place. 

§ 381.304 [Amended] 

■ 4. In § 381.304, paragraph (a) is 

amended by removing ‘‘$18,570’’ and 

adding ‘‘$18,920’’ in its place. 

§ 381.305 [Amended] 

■ 5. In § 381.305, paragraph (a) is 

amended by removing ‘‘$6,960’’ and 

adding ‘‘$7,090’’ in its place. 

§ 381.403 [Amended] 

■ 6. Section 381.403 is amended by 

removing ‘‘$12,070’’ and adding 

‘‘$12,310’’ in its place. 

§ 381.505 [Amended] 

■ 7. In § 381.505, paragraph (a) is 

amended by removing ‘‘$20,860’’ and 

adding ‘‘$21,260’’ in its place and by 

removing ‘‘$23,610’’ and adding 

‘‘$24,070’’ in its place. 

[FR Doc. 2015–05407 Filed 3–12–15; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 375 

[Docket No. RM15–15–000; Order No. 806] 

Disruptive Conduct at Commission 

Open Meetings 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is amending 

the CFR regulations which specify the 

roles available to the public at the 

Commission’s open meetings. This rule 

utilizes language from the Federal 

Communication Commission’s (FCC) 

open meeting regulation, and the Rural 

Telephone Bank’s open meeting 

regulation, to clarify that the term 

‘‘observe’’ does not include disruptive 

behavior. The rule also uses language 

from the FCC’s open meeting regulation 

to clarify that communications made or 

presented by unscheduled presenters 

will not be considered by the 

Commission. Finally, the rule uses 

language similar to the Consumer 

Product Safety Commission’s open 

meeting regulation, to clarify that 

members of the public may use 

electronic audio and visual equipment 

to record open meetings in a nondisruptive manner. The rule imposes no 

new obligations on the public. 

DATES: This rule will become effective 

April 13, 2015. 

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. 

Nathaniel Higgins, Office of the General 

Counsel, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

6110, nathaniel.higgins@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Order No. 806 

Final Rule 

Table of Contents 

Paragraph 

numbers 

I. Introduction ........................................................................................................................................................................................... 1. 

II. Background ........................................................................................................................................................................................... 2. 

III. Discussion ........................................................................................................................................................................................... 6. 

IV. Information Collection Statement ...................................................................................................................................................... 10. 

V. Environmental Analysis ...................................................................................................................................................................... 11. 

VI. Regulatory Flexibility Act .................................................................................................................................................................. 12. 

VII. Document Availability ...................................................................................................................................................................... 13. 

VIII. Effective Date .................................................................................................................................................................................... 16. 

I. Introduction 

1. By this final rule, the Federal 

Energy Regulatory Commission 

(Commission) is amending 18 CFR 

375.203(b), which specifies the roles 

available to the public at the 

Commission’s open meetings. This rule 

utilizes language from the Federal 

Communication Commission’s (FCC) 

open meeting regulation, 47 CFR 0.602, 

and the Rural Telephone Bank’s open 

meeting regulation, 7 CFR 1600.3, to 

clarify that the term ‘‘observe’’ does not 

include disruptive behavior. The rule 

also utilizes language from the FCC’s 

open meeting regulation to clarify that 

communications made or presented by 

unscheduled presenters will not be 

considered by the Commission. Finally, 

the rule uses language similar to the 

Consumer Product Safety Commission’s 

open meeting regulation, 16 CFR 1013.4, 

to clarify that members of the public 

may record open meetings in a nondisruptive manner. The rule imposes no 

new obligations on the public. 

II. Background 

2. The Commission has recently 

experienced multiple disruptions to its 

open meetings from individual 

protesters. The disruptions have 

consisted of members of the public 

making unscheduled statements, 

standing up repeatedly, walking about 

the room, and displaying signs. 

3. The Commission’s regulations 

outline the roles available to the public 

at the Commission’s open meetings. 

Specifically, 18 CFR 375.203(b) states 

that ‘‘[m]embers of the public are 

invited to listen and observe at open 

meetings.’’ 

4. Like the Commission, other Federal 

agencies limit the conduct of the public 

at open meetings.1 Several other 

agencies have regulations on open 

meetings that expressly address 


tkelley on DSK3SPTVN1PROD with RULES
13224 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 

2See, e.g., 47 CFR 0.602 (Federal Communication 

Commission defines ‘‘observation’’ as to not include 

‘‘participation or disruptive conduct by observers, 

and persons engaging in such conduct will be 

removed from the meeting’’); see also 7 CFR 1600.3 

(The Rural Telephone Bank defines ‘‘observation’’ 

as to not include ‘‘participation or disruptive 

conduct by observers, and persons engaging in such 

conduct will be removed from the meeting’’); see 

also 29 CFR 1612.3 (The Equal Employment 

Opportunity Commission defines ‘‘public 

observation’’ as to ‘‘not include participation or 

disruptive conduct by observers’’ and ‘‘any 

attempted participation or disruptive conduct by 

observers shall be cause for removal of persons so 

engaged at the discretion of the presiding member 

of the agency); see also 17 CFR 200.410 (The 

Securities Exchange Commission permits the 

exclusion of ‘‘any person from attendance at any 

meeting whenever necessary to preserve decorum, 

or where appropriate or necessary for health or 

safety reasons’’) and 45 CFR 702.52 (The 

Commission on Civil Rights empowers the 

presiding Commissioner to ‘‘exclude persons from 

a meeting’’ and ‘‘take all steps necessary to preserve 

order and decorum’’). 

3See 47 CFR 0.602, 29 CFR 1612.3, and 7 CFR 

1600.3, respectively. 

4 18 CFR 375.203(b)(2)(i)–(iv) . 

5See, e.g., 16 CFR 1013.4 (The Consumer Product 

Safety Commission provides that ‘‘[t]o the extent 

their use does not interfere with the conduct of 

open meetings, cameras and sound-recording 

equipment may be used at open Commission 

meetings’’); see also 18 CFR 1301.43 (The 

Tennessee Valley Authority permits the public to 

‘‘make reasonable use of electronic or other devices 

or cameras to record deliberations or actions at 

meetings so long as such use is not disruptive of 

the meetings’’) and 39 CFR 3001.43 (The Postal Rate 

Commission regulation states that ‘‘[m]embers of 

the public may not participate in open meetings. 

They may record the proceedings, provided they 

use battery-operated recording devices at their 

seats. Cameras may be used by observers to 

photograph proceedings, provided it is done from 

their seats and no flash or lighting equipment is 

used. Persons may electronically record or 

photograph a meeting, as long as such activity does 

not impede or disturb the members of the 

Commission in the performance of their duties, or 

members of the public attempting to observe, or to 

record or photograph, the Commission meeting’’). 

6 29 CFR 2701. 

7The First Amendment does not provide a right 

to disrupt a Commission open meeting. Cf. White 

v. City of Norwalk, 900 F.2d 1421, 1424–1426 (9th 

Cir. 1990) (holding that a city ordinance allowing 

removal of persons who disrupt, disturb, or 

otherwise impede orderly conduct of council 

meetings is not overly broad and not a violation of 

First Amendment rights); Smith-Caronia v. United 

States, 714 A.2d 764, 765 (D.C. Cir. 1998) 

(upholding the constitutionality of DC Code 9– 

112(b)(4), which prohibits disruptive conduct 

within any of the Capitol Buildings). Moreover, 

agencies do not violate the First Amendment when 

they ‘‘confine their meetings to specified subject 

matter.’’ Madison School Dist. v. Wisconsin 

Employment Relations Comm’n, 429 U.S. 167, 175 

n.8 (1976). 

8While the EEOC essentially interprets 

‘‘observation’’ the same way, the Commission is 

specifically utilizing the regulatory language of the 

FCC and the Rural Telephone Bank. 

9The Commission has a comparable rule in 18 

CFR 385.2102(b), which states that, 

‘‘[c]ontumacious conduct in a hearing before the 

Commission or a presiding officer will be grounds 

for exclusion of any person from such hearing and 

for summary suspension for the duration of the 

hearing by the Commission or the presiding 

officer.’’ 

10 5 CFR 1320.12. 

11Regulations Implementing the National 

Environmental Policy Act of 1969, Order No. 486, 

52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 

¶ 30,783 (1987). 

12 18 CFR 380.4(a)(1). 

13 5 U.S.C. 601–12. 

disruptive conduct by members of the 

public and their removal for such 

conduct.2 The language of the rules of 

the FCC, EEOC, and the Rural 

Telephone Bank are particularly useful 

in clarifying the term ‘‘observe’’ as it 

appears in the Commission’s 

regulations. The FCC, EEOC, and the 

Rural Telephone Bank define 

‘‘observation’’ as not including 

disruptive conduct.3 Furthermore, the 

FCC’s regulation addresses documents 

that an unscheduled presenter might 

seek to deliver at an open meeting, 

prohibiting their entry into the FCC’s 

official record. 

5. Another related topic is possible 

disruption stemming from observers’ 

use of personal electronic recording 

devices at open meetings. The 

applicable provision of the 

Commission’s regulations, 18 CFR 

375.203(b), allows members of the 

public to record open meetings in a nondisruptive manner.4 Other agencies 

similarly permit the recording of open 

meetings in a non-disruptive manner.5

The language adopted by the Consumer 

Product Safety Commission, stating that 

‘‘[t]o the extent their use does not 

interfere with the conduct of open 

meetings, cameras and sound-recording 

equipment may be used at open 

Commission meetings,’’ is particularly 

succinct in making this point. 

III. Discussion 

6. The Commission is concerned 

about the impact of public disruptions 

on its ability to conduct open meetings. 

To ensure compliance with the 

Government in the Sunshine Act,6 it is 

essential that the Commission’s open 

meetings focus on the items listed in the 

posted agenda. Members of the public 

do not have a right to disrupt open 

meetings or to raise extraneous issues.7

7. The Commission is issuing this 

Final Rule to clarify that the term 

‘‘observe’’ used in § 375.203(b) of its 

regulation, has the same meaning as the 

term ‘‘observation’’ in the regulations of 

the FCC and the Rural Telephone Bank.8

Thus, this rule merely clarifies that the 

term ‘‘observe’’ as used in § 375.203(b) 

does not mean the right to disrupt.9 The 

rule gives the Commission no new 

authority, and it imposes no obligations 

on the public that do not currently exist. 

The public already has an obligation to 

avoid disruptive conduct at the 

Commission’s open meetings. 

8. The final rule also addresses the 

possibility that when disruptive 

conduct involves the reading of 

unscheduled statements, those 

statements could trigger potential 

violations of the Government in the 

Sunshine Act notice provisions, the ex 

parte communications provisions of the 

Administrative Procedure Act, and the 

Commission’s ex parte communications 

rule, 18 CFR 385.2201. Specifically, 

incorporating language from Section 

0.602(c) of the FCC’s regulations into 

the Commission’s regulations clarifies 

that disruptive statements, oral or 

written, will not be included in the 

record or considered by the 

Commission. 

9. Finally, the Commission recognizes 

that its existing regulations concerning 

recording open meetings are unduly 

complex and out of date. The 

Commission is therefore amending its 

regulation to clarify that seated 

members of the public, or seated 

observers, may use electronic audio and 

visual recording equipment to record 

open meetings in a non-disruptive 

manner. In this regard, the Commission 

is utilizing language similar to that used 

by the Consumer Product Safety 

Commission. 

IV. Information Collection Statement 

10. Office of Management and Budget 

(OMB) regulations require OMB to 

approve certain information collection 

requirements imposed by agency rule.10

However, this instant Final Rule does 

not contain any information collection 

requirements. Therefore, compliance 

with OMB regulations is not required. 

V. Environmental Analysis 

11. 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.11 Issuance of this Final 

Rule does not represent a major federal 

action having a significant adverse effect 

on the human environment under the 

Commission’s regulations implementing 

the National Environmental Policy Act 

of 1969. 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.12 This 

rulemaking is exempt under that 

provision. 

VI. Regulatory Flexibility Act 

12. The Regulatory Flexibility Act of 

1980 (RFA) 13 generally requires a 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 13225 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities. This Final Rule concerns an 

interpretation 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 not required. 

VII. Document Availability 

13. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http://

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5:00 p.m. 

Eastern time) at 888 First Street NE., 

Room 2A, Washington, DC 20426. 

14. 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. 

15. User assistance is available for 

eLibrary and the Commission’s Web site 

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 the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. Email the 

Public Reference Room at public.

referenceroom@ferc.gov. 

VIII. Effective Date 

16. 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 

procedures are unnecessary for 

‘‘interpretative rules, general statements 

of policy, or rules of agency 

organization, procedure, or 

practice. . . .’’ This rule merely 

provides the public with guidance 

concerning the existing regulation and 

reminds the general public of the roles 

available to the public at the 

Commission’s open meetings. The rule 

will not significantly affect regulated 

entities or the general public. 

17. These regulations are effective 

April 13, 2015. 

List of Subjects in 18 CFR Part 375 

Open Meetings. 

Issued: March 9, 2015. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

In consideration of the foregoing, the 

Commission amends Part 375, Chapter I, 

Title 18, Code of Federal Regulations, as 

follows: 

PART 375—THE COMMISSION 

■ 1. The authority citation for Part 375 

continues to read as follows: 

Authority: 5 U.S.C. 551–557; 15 U.S.C. 

717–717w, 3301–3432; 16 U.S.C. 791–825r, 

2601–2645; 42 U.S.C. 7101–7352 

■ 2. Section 375.203 is amended by 

adding paragraphs (b)(1)(i) and (ii) and 

revising paragraph (b)(2) to read as 

follows: 

§ 375.203 Open meetings. 

* * * * * 

(b) * * * 

(1) * * * 

(i) ‘‘Observe’’ does not include 

participation or disruptive conduct, and 

persons engaging in such conduct will 

be removed from the meeting. 

(ii) The right of the public to observe 

open meetings does not alter those rules 

which relate to the filing of motions, 

pleadings, or other documents. Unless 

such pleadings conform to the other 

procedural requirements, pleadings 

based upon comments or discussions at 

open meetings, as a general rule, will 

not become part of the official record, 

will receive no consideration, and no 

further action by the Commission will 

be taken thereon. 

(2) To the extent their use does not 

interfere with the conduct of open 

meetings, electronic audio and visual 

recording equipment may be used by a 

seated observer at an open meeting. 

* * * * * 

[FR Doc. 2015–05689 Filed 3–12–15; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 11 and 101 

[Docket No. FDA–2011–F–0172] 

Nutrition Labeling of Standard Menu 

Items in Restaurants and Similar Retail 

Food Establishments; Small Entity 

Compliance Guide; Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of a 

guidance for industry entitled 

‘‘Nutrition Labeling of Standard Menu 

Items in Restaurants and Similar Retail 

Food Establishments—Small Entity 

Compliance Guide’’. The small entity 

compliance guide (SECG) is intended to 

help small entities comply with the 

final rule entitled ‘‘Nutrition Labeling of 

Standard Menu Items in Restaurants 

and Similar Retail Food 

Establishments.’’ 

DATES: The SECG will be available as of 

March 13, 2015. Submit either 

electronic or written comments on FDA 

guidances at any time. 

ADDRESSES: Submit written requests for 

single copies of the SECG to the Office 

of Nutrition, Labeling and Dietary 

Supplements, Food Labeling and 

Standards Staff, Center for Food Safety 

and Applied Nutrition (HFS–305), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740. 

Send two self-addressed adhesive labels 

to assist that office in processing your 

request. See the SUPPLEMENTARY

INFORMATION section for electronic 

access to the SECG. 

Submit electronic comments on the 

SECG to http://www.regulations.gov. 

Submit written comments on the SECG 

to the Division of Dockets Management 

(HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Y. Reese, Center for Food Safety 

and Applied Nutrition (HFS–820), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740, 

240–402–2371. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of December 1, 

2014 (79 FR 71156), we issued a final 

rule requiring nutrition labeling of 

standard menu items in restaurants and 

similar retail food establishments (the 

final rule). The final rule, which is 

codified at 21 CFR 101.11, is effective 

December 1, 2015. 

We examined the economic 

implications of the final rule as required 

by the Regulatory Flexibility Act (5 

U.S.C. 601–612) and determined that 

the final rule will have a significant 

economic impact on a substantial 

number of small entities. In compliance 

with section 212 of the Small Business 

Regulatory Enforcement Fairness Act 

(Pub. L. 104–121, as amended by Pub. 

L. 110–28), we are making available the 

SECG to explain the actions that a small 

entity must take to comply with the 

rule. 


tkelley on DSK3SPTVN1PROD with RULES