15700 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 

1 18 CFR 385.508. 

2 44 U.S.C. 3504. 

3Electronic Filing of Documents, Order No. 619, 

65 FR 57088 (Sept. 21, 2000), FERC Stats. & Regs. 

¶31,107 (2000). 4 44 U.S.C. 3504. 

5 18 CFR 385.2001(a). 

6See Electronic Registration, Order No. 891, 67 

FR 52,406 (Aug. 12, 2002), FERC Stats. & Regs. 

¶ 31,132 (2002); Electronic Filing of FERC Form 1, 

and Elimination of Certain Designated Schedules in 

Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093 

(May 23, 2002), FERC Stats. & Regs. ¶ 31,130 (2002); 

Electronic Service of Documents, 66 FR 50,591 (Oct. 

4, 2001), FERC Stats. & Regs. ¶ 35,539 (2001); 

Revised Public Utility Filing Requirements, Order 

No. 2001, 67 FR 31,043 (May 8, 2002), FERC Stats. 

& Regs. ¶ 31,127 (2002); Filing Via the Internet, 

Order No. 703, 72 FR 65,659 (Nov. 23, 2007), FERC 

Stats. & Regs. ¶ 31,259 (2007). 

7Electronic Tariff Filings, Order No. 714, FERC 

Stats. & Regs. ¶ 31,276 (2008). 

Dated: March 19, 2015. 

Christopher J. Kirkpatrick, 

Secretary of the Commission. 

[FR Doc. 2015–06688 Filed 3–19–15; 04:15 pm] 

BILLING CODE 6351–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 385 

[Docket No. RM15–5–000] 

Revised Exhibit Submission 

Requirements for Commission 

Hearings 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission proposes to 

amend Rule 508 of the Commission’s 

Rules of Practice and Procedure to 

eliminate the requirement that 

participants in Commission trial-type 

evidentiary hearings must provide paper 

copies of all exhibits introduced as 

evidence. The Proposed Rule will 

facilitate a shift toward electronic 

hearing procedures which should 

improve the efficiency and 

administrative convenience of the 

Commission hearing process, reduce the 

burden and expense associated with 

paper exhibits, and facilitate the 

compilation and transmittal of the 

hearing record to the Commission in 

electronic format. 

DATES: Comments are due May 26, 2015. 

ADDRESSES: Comments, identified by 

docket number, may be filed in the 

following ways: 

• Electronic Filing through http://

www.ferc.gov. Documents created 

electronically using word processing 

software should be filed in native 

applications or print-to-PDF format and 

not in a scanned format. 

• Mail/Hand Delivery: Those unable 

to file electronically may mail or handdeliver comments to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street NE., 

Washington, DC 20426. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Comment Procedures Section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Karin Herzfeld, Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426, Telephone: 

(202) 502–8459. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Paragraph 

numbers 

I. Background .......................................................................................................................................................................................... 2. 

II. Discussion .......................................................................................................................................................................................... 4. 

III. Information Collection Statement .................................................................................................................................................... 7. 

IV. Environmental Analysis ................................................................................................................................................................... 8. 

V. Regulatory Flexibility Act ................................................................................................................................................................. 9. 

VI. Comment Procedures ....................................................................................................................................................................... 11. 

VII. Document Availability .................................................................................................................................................................... 15. 

1. The Commission is proposing to 

amend Rule 508 of the Commission’s 

Rules of Practice and Procedure 1 to 

eliminate the requirement that 

participants in Commission trial-type 

evidentiary hearings must provide paper 

copies of all exhibits introduced as 

evidence. The Commission proposes to 

amend section 385.508 of the 

Commission’s regulations by removing 

paragraph (a)(2) and redesignating 

paragraph (a)(3) as paragraph (a)(2). 

While still retaining the option to 

provide exhibits in paper form, the 

proposed rule will facilitate a shift 

toward electronic hearing procedures 

which should improve the efficiency 

and administrative convenience of the 

Commission hearing process, reduce the 

burden and expense associated with 

paper exhibits, and facilitate the 

compilation and transmittal of the 

hearing record to the Commission in 

electronic format. 

I. Background 

2. The Federal government has set a 

goal to substitute electronic means of 

communication and information storage 

for paper. For example, the Government 

Paperwork Elimination Act directed 

agencies to provide for the optional use 

and acceptance of electronic documents 

and signatures, and electronic recordkeeping, where practical.2 Similarly, the 

Office of Management and Budget 

(OMB) Circular A–130 required agencies 

to use electronic information collection 

techniques, where such means will 

reduce the burden on the public, 

increase efficiency, reduce costs, and 

help provide better service. 

3. On September 21, 2000, the 

Commission issued Order No. 619, 

which implemented the use of the 

Internet for submission of certain 

documents to the Commission for 

filing.3 The eFiling system plays an 

important role in the Commission’s 

efforts to comply with the Government 

Paperwork Elimination Act’s 

requirement that agencies provide the 

option to submit information 

electronically, when practicable, as a 

substitute for paper.4 Filing via the 

Internet is optional for eligible 

documents.5 Since issuing Order No. 

619, the Commission has greatly 

expanded its ability to accept 

electronically filed material, including 

interventions, protests, rehearings, 

complaints, and applications for 

certificates and licenses.6 In 2008, the 

Commission further implemented a 

system for electronic tariff filing.7

Consistent with these prior efforts to 

provide electronic filing options, the 

Commission is proposing to eliminate 

the requirement that all exhibits 

introduced at Commission hearings 

must be provided in paper form. 

II. Discussion 

4. Section 385.508 of the 

Commission’s regulations currently 

requires that ‘‘[a]ny participant who 

seeks to have an exhibit admitted into 

evidence must provide one copy of the 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15701 

8 18 CFR 385.508(2). 

9 18 CFR 385.510(d). 

10See Notice to the Public, Procedures for 

Handling Exhibits and Developing the Electronic 

Hearing Record (issued December 12, 2014), 

http://www.ferc.gov/media/headlines/2014/2014-4/

12-12-14-notice.pdf. 

All electronically-filed exhibits must comply 

with eFiling file format requirements. See Filing Via 

the Internet, Order No. 703, FERC Stats. & Regs. 

¶ 31,259 at P 33. 

For exhibits that have not previously been 

provided to the participants, such exhibits must 

still be provided to the participants at the hearing. 

See 18 CFR 385.510(d). 

11Most participants file pre-filed testimony and 

exhibits electronically via the eFiling system before 

the hearing. The presiding judge in each case will 

continue to determine how participants exchange 

exhibits brought to the hearing. See 18 CFR 

385.504(b)(1), (4). 

12 44 U.S.C. 3507(d). 

13 5 CFR 1320.12. 

14Regulations Implementing the National 

Environmental Policy Act, Order No. 486, 52 FR 

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

Preambles 1986–1990 ¶ 30,783 (1987). 

15 18 CFR 380.4(a)(2)(ii). 

16 5 U.S.C. 601–12. 

exhibit to the presiding officer and two 

copies to the reporter, not later than the 

time that the exhibit is marked for 

identification.’’ 8 Under current practice, 

the court reporter assigns Exhibit 

Numbers to the paper copies and 

provides the paper copies to the 

Commission’s Docket Branch to be 

scanned into the Commission’s eLibrary 

system. Copies of all exhibits and 

motions that are not pre-filed must also 

be provided to all participants at the 

hearing.9

5. The administrative law judges 

recently adopted a revised practice for 

handling exhibits and creating the 

Exhibit List that removes the need for 

providing paper copies at the hearing. 

Under this policy, within seven days of 

the end of the hearing, participants must 

file (via eFiling) a ‘‘Joint Exhibit List’’ 

and each sponsoring party must file (via 

eFiling) the ‘‘Official Copies’’ of each 

exhibit that was offered into evidence 

and admitted or rejected.10 Thus, it is no 

longer necessary or efficient to require 

all participants to provide the presiding 

judge and court reporter with paper 

copies of each exhibit introduced at the 

hearing. 

6. The Commission therefore proposes 

to eliminate the requirement that 

participants provide one paper copy of 

each exhibit to the presiding officer and 

two paper copies to the court reporter.11

The proposed rule represents a 

continuation of the Commission’s efforts 

to implement the goal of substituting 

electronic means of communication and 

information storage for paper means. 

The proposed rule should save 

resources because participants will no 

longer be required to make multiple 

paper copies of all exhibits that they 

intend to submit into evidence. The 

proposed rule also will facilitate the 

presiding judge’s compilation and 

transmittal of the hearing record to the 

Commission in electronic format. 

III. Information Collection Statement 

7. Certain collections of information 

are subject to review by the Office of 

Management and Budget (OMB) under 

section 3507(d) of the Paperwork 

Reduction Act of 1995 (PRA).12 OMB’s 

regulations require OMB to approve 

certain information collection 

requirements imposed by agency rule.13

This Proposed Rule does not contain 

any information collection 

requirements, as defined under section 

3502(3) of the PRA, and compliance 

with the OMB regulations is thus 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.14 This action has been 

categorically excluded under section 

380.4(a)(2)(ii), addressing procedural 

rules.15

V. Regulatory Flexibility Act 

9. The Regulatory Flexibility Act of 

1980 (RFA) 16 generally requires a 

description and analysis of proposed 

rules that will have significant 

economic impact on a substantial 

number of small entities. This Notice of 

Proposed Rulemaking (NOPR) concerns 

procedural matters and, if adopted, is 

expected to reduce the burden and 

expense associated with paper exhibits 

and improve the efficiency and 

administrative convenience of the 

Commission hearing process. 

10. Accordingly, the Commission 

certifies that this NOPR, if adopted, will 

not have a significant economic impact 

on a substantial number of small 

entities. An analysis under the RFA is 

not required. 

VI. Comment Procedures 

11. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due May 26, 2015. 

Comments must refer to Docket No. 

RM15–5–000, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address in their comments. 

12. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

Web site at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

13. Commenters that are not able to 

file comments electronically must send 

an original of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE., Washington, DC 20426. 

14. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VII. Document Availability 

15. 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. 

16. 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. 

17. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from the 

Commission’s 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. 

By direction of the Commission. 

Dated: March 19, 2015. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend Part 

385, Chapter I, Title 18, Code of Federal 

Regulations, as follows. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

15702 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 

PART 385—RULES OF PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for Part 385 

continues to read as follows: 

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

717–717z, 3301–3432; 16 U.S.C. 792–828c, 

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). 

■ 2. Section 385.508 is amended by 

revising paragraph (a) to read as follows: 

§ 385.508 Exhibits (Rule 508). 

(a) General rules. (1) Except as 

provided in paragraphs (b) through (e) 

of this section, any material offered in 

evidence, other than oral testimony, 

must be offered in the form of an 

exhibit. 

(2) The presiding officer will cause 

each exhibit offered by a participant to 

be marked for identification. 

* * * * * 

[FR Doc. 2015–06694 Filed 3–24–15; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, 1917, 1918, 

and 1926 

[Docket No. OSHA–2012–0023] 

RIN 1218–AC74 

Chemical Management and 

Permissible Exposure Limits (PELs) 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Extension of comment period. 

SUMMARY: OSHA is extending the 

comment period on the Request for 

Information on Chemical Management 

and Permissible Exposure Limits (PELs) 

to October 9, 2015. 

DATES: Comments must be submitted 

(postmarked, sent or received) by 

October 9, 2015. 

ADDRESSES: You may submit comments, 

identified by Docket No. OSHA–2012– 

0023, by any one of the following 

methods: 

Electronically: You may submit 

comments and written testimony along 

with attachments electronically at 

http://www.regulations.gov, which is 

the Federal e-Rulemaking Portal. Click 

on the ‘‘COMMENT NOW!’’ box next to 

the title ‘‘Chemical Management and 

Permissible Exposure Limits (PELs); 

Extension of Comment Period,’’ and 

follow the instructions on-line for 

making electronic submissions. 

Fax: If your comments, including 

attachments, do not exceed 10 pages, 

you may fax them to the OSHA Docket 

Office at (202) 693–1648. 

Mail, hand delivery, express mail, 

messenger or courier service: You must 

submit three copies of your comments 

and attachments to the OSHA Docket 

Office, Docket No. OSHA–2009–0044, 

U.S. Department of Labor, Room N– 

2625, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone (202) 

693–2350 (OSHA’s TTY number is (877) 

889–5627). Deliveries (hand, express 

mail, messenger and courier service) are 

accepted during the Department of 

Labor’s and Docket Office’s normal 

business hours, 8:15 a.m.–4:45 p.m., e.t. 

Instructions: All submission must 

include the docket number (Docket No. 

OSHA–2012–0023) or RIN number (RIN 

1218–AC74) for this rulemaking. 

Because of security-related procedures, 

submission by regular mail may result 

in significant delay. Please contact the 

OSHA Docket Office about security 

procedures for hand delivery, express 

delivery, messenger or courier. 

All comments, including any personal 

information you provide, are placed in 

the public docket without change and 

may be made available on http://

www.regulations.gov. Therefore, OSHA 

cautions you about submitting personal 

information such as social security 

numbers and birthdates. 

Docket: To read or download 

submissions in response to the proposed 

rule, go to Docket No. OSHA–2009– 

0044 at http://www.regulations.gov. All 

submissions are listed in the http://

www.regulations.gov index, however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through that Web 

page. All submissions, including 

copyrighted material, are available for 

inspections and copying at the OSHA 

Docket Office. 

Electronic copies of this Federal 

Register document are available at 

http://www.regulations.gov. This 

document, as well as news releases and 

other relevant information, also are 

available at OSHA’s Web page at http:// 

www.osha.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general information and press inquiries, 

contact Frank Meilinger, Director, Office 

of Communications, Room N–3647, 

OSHA, U.S. Department of Labor, 

200Constitution Avenue NW., 

Washington, DC 20210; telephone: (202) 

693–1999; email: meilinger.francis2@

dol.gov. 

For technical inquiries, contact 

William Perry or Lyn Penniman, 

Directorate of Standards and Guidance, 

Room N–3718, OSHA, U.S. Department 

of Labor, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone: (202) 

693–1950 or fax (202) 693–1678; email: 

penniman.lyn@dol.gov. 

SUPPLEMENTARY INFORMATION: On 

October 10, 2014, OSHA published in 

the Federal Register (79 FR 61384– 

61438) a Request for Information (RFI) 

soliciting stakeholder feedback with 

respect to OSHA’s overall approach to 

managing hazardous chemical 

exposures in the workplace. The 

document outlines potential 

modifications to OSHA’s current risk 

and feasibility assessment approaches 

and requests additional information 

about chemical management for the 

workplace that may be more efficient, 

while still maintaining worker 

protection. The RFI set a date of April 

8, 2015 for submitting written 

comments. 

OSHA has received multiple requests 

from stakeholders, including the 

American College of Occupational and 

Environmental Medicine (ACOEM), the 

American Federation of Labor and 

Congress of Industrial Organizations 

(AFL–CIO), the American Industrial 

Hygiene Association (AIHA), and 

ORCHSE Strategies, LLC, to extend the 

comment period by 60 to 180 additional 

days. These groups have requested this 

additional time in order to better 

research, consider, and formulate 

responses to the over 50 questions 

OSHA included in the RFI. 

OSHA has decided to extend the 

comment deadline to October 9, 2015, 

which provides stakeholders an 

additional 6 months in which to submit 

comments. 

Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210, 

directed the preparation of this notice. 

OSHA is issuing this notice under 29 

U.S.C. 653, 655, 657; 33 U.S.C. 941; 40 

U.S.C. 3704 et seq.; Secretary of Labor’s 

Order 1–2012 (77 FR 3912, 1/25/2012); 

and 29 CFR part 1911. 

Signed at Washington, DC, on March 12, 

2015. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2015–06516 Filed 3–24–15; 8:45 am] 

BILLING CODE 4510–26–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS