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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4624-4626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00888]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 376

[Docket No. RM25-6-000; Order No. 905]

Continuity of Operations Plan

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: In this final rule, the Commission revises its Continuity of 
Operations Plan regulations to include, in its hierarchy of delegation 
of Commission authority, the Director and other staff of the Office of 
Energy Infrastructure Security, who were not included when the 
regulations were earlier revised.

DATES: This rule will become effective January 16, 2025.

FOR FURTHER INFORMATION CONTACT: 
    Mark Hershfield, Office of the General Counsel, Federal Energy 
Regulatory Commission, 888 First St. NE, Washington, DC 20426, (202) 
502-8597, [email protected].
    Christopher Macfarlane, Office of the General Counsel, Federal 
Energy Regulatory Commission, 888 First St. NE, Washington, DC 20426, 
(202) 502-6761, [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 4625]]

    1. This final rule revises the Commission's Continuity of 
Operations Plan (COOP) regulations \1\ to incorporate the Director and 
other staff of the Office of Energy Infrastructure Security (OEIS) into 
the hierarchy of delegation of Commission authority during emergency 
conditions, and also to revise that hierarchy.
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    \1\ 18 CFR 376.204.
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Discussion

    2. In September 2012, the Commission announced the creation of 
OEIS, which both then and today focuses on identifying, communicating 
and seeking comprehensive solutions to significant potential cyber and 
physical security risks to the energy infrastructure under the 
Commission's jurisdiction and coordinating and collaborating with 
federal, state and industry representatives.
    3. The Commission's COOP regulations were last updated in April 
2013. Although OEIS was established as a front-facing office in 
September 2012, it was not included in the hierarchy of delegation of 
Commission authority during emergency conditions in Order No. 778.\2\ 
Since this time, both natural and human-caused threats against energy 
infrastructure have significantly increased in frequency and severity. 
In addition, COOP may be initiated by circumstances that fall within 
OEIS' responsibilities, and where the office is responsible for leading 
and/or assisting with FERC's Mission Essential Functions.\3\
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    \2\ Continuity of Operations Plan, Order No. 778, 78 FR 21245, 
(Apr. 10, 2013), 143 FERC ] 61,014 (2013).
    \3\ DHS/FEMA, Federal Continuity Directive 2, Federal Executive 
Branch Mission Essential Functions and Candidate Primary Mission 
Essential Functions Identification and Submission Process 
(Washington, DC: DHS/FEMA, June 2017), Annex I-1 & n.12, quoting 
PPD-40, p. 2. Accessed Oct. 10, 2024. https://www.fema.gov/sites/default/files/2020-07/Federal_Continuity_Directive2_June132017.pdf. 
See also DHS/FEMA, Federal Continuity Directive, Continuity Planning 
Framework for the Federal Executive Branch (Washington, DC: DHS/
FEMA, Dec. 2023). Accessed Oct. 10, 2024. https://www.fema.gov/sites/default/files/documents/fema_federal-continuity-directive-planning-framework.pdf.
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    4. This final rule revises the Commission's COOP regulations to 
expand the hierarchy list to incorporate the Director and other staff 
of OEIS who were not included when the regulations were last revised in 
April 2013.

Regulatory Flexibility Act

    5. The Regulatory Flexibility Act of 1980 (RFA) \4\ 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 matter of internal agency procedure, and it 
will not have such an impact. An analysis under the RFA is not 
required. The Commission certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities.
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    \4\ 5 U.S.C. 601-12.
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Information Collection Statement

    6. Office of Management and Budget (OMB) regulations require OMB to 
approve certain information collection requirements imposed by agency 
rule.\5\ This final rule contains no new information collections. 
Therefore, OMB review of this final rule is not required.
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    \5\ 5 CFR 1320.12.
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Environmental Analysis

    7. 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.\6\ Rules 
that are procedural, ministerial, or internal administrative and 
management actions are categorically excluded from this requirement.\7\ 
This final rule is procedural in nature and therefore falls within this 
categorical exclusion in the Commission's regulations.
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    \6\ Reguls. Implementing the Nat'l Env't Policy Act, Order No. 
486, 52 FR 47897 (Dec. 10, 1987), FERC Stats. & Regs. ] 30,783 
(1987) (cross-referenced at 41 FERC ] 61,284).
    \7\ 18 CFR 380.4(a)(1); see also Order No. 486, FERC Stats. & 
Regs. ] 30,783.
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Document Availability

    8. 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).
    9. 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 (i.e., the subdocket 
number--e.g., 000, 001, 002, etc.) in the docket number field.
    10. User assistance is available for eLibrary and the Commission's 
website during normal business hours. For assistance, please contact 
Online Support at 1-866-208-3676 (email at [email protected]), 
or the Public Reference Room at (202) 502-8371, TTY (202) 502-8659 
(email at [email protected]).

Effective Date and Congressional Notification

    11. The provisions of 5 U.S.C. 801 regarding Congressional review 
of final rules do not apply to this final rule because the rule 
concerns agency procedure and practice and will not substantially 
affect the rights of non-agency parties.
    12. These regulations are effective on January 16, 2025. The 
Commission finds that notice and public comments are unnecessary 
because this rule concerns only agency procedure or practice. 
Therefore, the Commission finds good cause to waive the notice period 
otherwise required before the effective date of a final rule.

List of Subjects in 18 CFR Part 376

    Civil defense, Organization and functions (Government agencies).

    By the Commission.

    Issued: January 3, 2025.
Debbie-Anne A. Reese,
Secretary.

    In consideration of the foregoing, the Commission amends part 376, 
chapter I, Title 18, Code of Federal Regulations, as follows:

PART 376--ORGANIZATION, MISSION, AND FUNCTIONS; OPERATIONS DURING 
EMERGENCY CONDITIONS

0
1. The authority citation for part 376 continues to read as follows:

    Authority:  5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR 
1978 Comp., p. 142.

0
2. Section 376.204 is revised to read as follows:

Sec.  376.204  Delegation of Commission authority during emergency 
conditions

    (a) Delegation of authority to one or two Commissioners. During 
emergency conditions, the Commission shall function as usual, if a 
quorum of the Commission is available and capable of acting. If by 
reason of such conditions a quorum of the Commission is not available 
and capable of acting, all functions of the Commission are delegated to 
the Commissioner or Commissioners who are available and capable of 
acting.
    (b) Delegation of authority to Commission staff. (1) When, by 
reason of emergency conditions, there is no Commissioner available and 
capable of acting, the functions of the Commission are delegated to the 
first seven members of the Commission staff on the list set forth in 
paragraph (b)(2) of this section who are available and capable of 
acting.

[[Page 4626]]

    (2) The list referred to in paragraph (b)(1) of this section is:
    (i) General Counsel;
    (ii) Executive Director;
    (iii) Director of the Office of Energy Market Regulation;
    (iv) Director of the Office of Energy Projects;
    (v) Director of the Office of Electric Reliability;
    (vi) Director of the Office of Enforcement;
    (vii) Director of the Office of Energy Infrastructure Security;
    (viii) Deputy General Counsels, in order of seniority;
    (ix) Deputy Directors, Office of Energy Market Regulation, in order 
of seniority;
    (x) Deputy Directors, Office of Energy Projects, in order of 
seniority;
    (xi) Deputy Directors, Office of Electric Reliability, in order of 
seniority;
    (xii) Deputy Directors, Office of Enforcement, in order of 
seniority;
    (xiii) Deputy Directors, Office of Energy Infrastructure Security, 
in order of seniority;
    (xiv) Associate General Counsels and Solicitor, in order of 
seniority;
    (xv) In order of seniority, Assistant Directors and Division heads, 
Office of Energy Market Regulation; Assistant Directors and Division 
heads, Office of Energy Projects; Assistant Directors and Division 
heads, Office of Electric Reliability; Deputy Associate General 
Counsels; Assistant Directors and Division heads, Office of 
Enforcement; Assistant Directors and Division heads, Office of Energy 
Infrastructure Security;
    (xvi) In order of seniority, Regional Engineers and Branch Chiefs 
of the Office of Energy Projects' regional offices; and Deputy Division 
Directors and Group Managers of the Office of Electric Reliability's 
regional offices.
    (3) For purposes of paragraph (b)(2)(viii)-(xvi) of this section, 
order of seniority shall be based on the highest grade and longest 
period of service in that grade and, furthermore, for purposes of 
paragraph (b)(2)(xv)-(xvi) of this section, order of seniority shall be 
without regard to the particular Office or Division or Branch or Group 
to which the member of staff is assigned.
    (c) Devolution of authority to Commission staff during emergencies 
affecting the National Capital Region. (1) To the extent not otherwise 
provided by this section, during emergency conditions when the Chairman 
is not available and capable of acting, when no Commissioner is 
available and capable of acting, and when no person listed in paragraph 
(b)(2)(i)-(xvi) of this section who is located in the National Capital 
Region is available and capable of acting, the functions of the 
Commission are delegated, in order of seniority (as described in 
paragraph (b)(3) of this section), to Regional Engineers and Branch 
Chiefs of the Office of Energy Projects' regional offices and Deputy 
Division Directors and Group Managers of the Office of Electric 
Reliability's regional offices.
    (2) Such delegation shall continue until such time as the Chairman 
is available and capable of acting, one or more Commissioners are 
available and capable of acting, or persons listed in paragraph 
(b)(2)(i)-(xvi) of this section who are located in the National Capital 
Region are available and capable of acting.
    (d) Reconsideration of staff action taken under delegations. Action 
taken pursuant to the delegations provided for in this section shall be 
subject to reconsideration by the Commission, acting with a quorum, 
within thirty days after the date upon which public notice is given 
that a quorum of the Commission has been reconstituted and is 
functioning.

[FR Doc. 2025-00888 Filed 1-15-25; 8:45 am]
BILLING CODE 6717-01-P
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