Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 55725 

required to make such analysis if a rule 

would not have such an effect. The 

Commission certifies that this rule will 

not have such an impact on small 

entities as it merely clarifies existing 

requirements. An analysis under the 

RFA therefore, is not required. 

Document Availability 

12. 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. 

13. From FERC’s Home Page on the 

Internet, this information is available in 

the Commission’s document 

management system, 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. 

14. User assistance is available for 

eLibrary and the FERC’s Web site during 

normal business hours. For assistance, 

please contact the Commission’s Online 

Support at 1–866–208–3676 (toll free) or 

TTY (202) 502–8659, or e-mail at 

FERCOnlineSupport@ferc.gov. You may 

also contact the Public Reference Room 

at (202) 502–8371 or e-mail at 

public.referenceroom@ferc.gov. 

Effective Date 

15. These regulations are effective 

immediately upon publication in the 

Federal Register. In accordance with 5 

U.S.C. 553(d)(3), the Commission finds 

that good cause exists to make this Final 

Rule effective immediately upon 

publication. It concerns only a matter of 

procedure affecting formatting of filings. 

16. The provisions of 5 U.S.C. 801 

regarding Congressional review of Final 

Rules does not apply to this Final Rule, 

because the rule concerns agency 

procedure and practice and will not 

substantially affect the rights of nonagency parties. 

17. The Commission is issuing this as 

a final rule without a period for public 

comment. Under 5 U.S.C. 553(b), notice 

and comment procedures are 

unnecessary where a rulemaking 

concerns only agency procedure and 

practice, or where the agency finds that 

notice and comment is unnecessary. 

This rule concerns only a clarification of 

a matter of agency procedure and will 

not significantly affect regulated entities 

or the general public. 

List of Subjects in 18 CFR Part 385 

Administrative practice and 

procedure, Electric utilities, Penalties, 

Pipelines, Reporting and recordkeeping 

requirements. 

By the Commission. 

Magalie R. Salas, 

Secretary. 

■ In consideration of the foregoing, the 

Commission amends part 385, chapter I, 

title 18, Code of Federal Regulations, as 

follows. 

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. 791a–825r; 

2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 

9701; 42 U.S.C. 7101–7352; 49 U.S.C. 60502; 

49 App. U.S.C. 1085 (1988). 

■ 2. Section 385.203 is amended by 

revising paragraph (a)(7) to read as 

follows: 

§ 385.203 Content of pleadings and tariff 

or rate filings (Rule 203). 

(a) * * * 

(7) The position taken by the 

participant filing any pleading, to the 

extent known when the pleading is 

filed, and the basis in fact and law for 

such position, including a separate 

section entitled ‘‘Statement of Issues,’’

listing each issue presented to the 

Commission in a separately enumerated 

paragraph that includes representative 

Commission and court precedent on 

which the participant is relying; any 

issue not so listed will be deemed 

waived; 

* * * * * 

■ 3. Section 385.713 is amended by 

revising paragraph (c)(2) to read as 

follows: 

§ 385.713 Request for rehearing (Rule 

713). 

* * * * * 

(c) * * * 

(2) Conform to the requirements in 

Rule 203(a), which are applicable to 

pleadings, including, but not limited to, 

the requirement for a separate section 

entitled ‘‘Statement of Issues,’’ listing 

each issue in a separately enumerated 

paragraph that includes representative 

Commission and court precedent on 

which the party is relying; any issue not 

so listed will be deemed waived; and 

* * * * * 

[FR Doc. 05–19004 Filed 9–22–05; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 272 

RIN 0790–AH90 

Administration and Support Basic 

Research 

AGENCY: Office of the Secretary, DoD. 

ACTION: Final rule. 

SUMMARY: This document provides 

general policy guidance and principles 

for the conduct of DoD Components’

Basic Research programs. It implements 

a general policy on the support of 

scientific research that is contained in 

the 1954 Executive Order 10521, 

‘‘Administration of Scientific Research 

by Agencies of the Federal 

Government,’’ March 17, 1954. It also 

implements guiding principles for the 

government-university research 

partnership that are contained in 

Executive Order 13185, ‘‘To Strengthen 

the Federal Government-University 

Research Partnership.’’

DATE: This final rule is effective 

September 23, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Mark Herbst, (703) 696–0372. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This is a ‘‘significant regulatory 

Action,’’ as defined in Executive Order 

12866, in so far as the Office of 

Management and Budget reviewed and 

approved it for publication. This rule 

will not: (1) Have an annual effect on 

the economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; (2) create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in Executive Order 12866. 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 605(b)) 

This regulatory action will not have a 

significant adverse impact on a 

substantial number of small entities. 

55726 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

Unfunded Mandates Act of 1995 (Sec. 

202, Pub. L. 104–4) 

This regulatory action does not 

contain a Federal mandate that will 

result in the expenditure by State, local, 

and tribal governments, in aggregate, or 

by the private sector of $100 million or 

more in any one year. 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35) 

This regulatory action will not impose 

any additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

Federalism (Executive Order 13132) 

This regulatory action does not have 

Federalism implications, as set forth in 

Executive Order 13132. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 272 

National defense; Research; Science 

and technology. 

■ Accordingly, Title 32 of the Code of 

Federal Regulations, Chapter I, 

Subchapter M is amended by revising 

part 272 to read as follows: 

PART 272—ADMINISTRATION AND 

SUPPORT OF BASIC RESEARCH BY 

THE DEPARTMENT OF DEFENSE 

Sec. 

272.1 Purpose. 

272.2 Applicability. 

272.3 Definition of basic research. 

272.4 Policy. 

272.5 Responsibilities. 

Appendix A to part 272—Principles for the 

Conduct and Support of Basic Research. 

Authority: 5 U.S.C. 301 and 10 U.S.C. 113. 

§ 272.1 Purpose 

This part implements the: 

(a) Policy on the support of scientific 

research in Executive Order 10521, 

‘‘Administration of Scientific Research 

by Agencies of the Federal Government’’

(3 CFR, 1954–1958 Comp., p. 183), as 

amended; and 

(b) Guiding principles for the 

government-university research 

partnership in Executive Order 13185, 

‘‘To Strengthen the Federal 

Government-University Research 

Partnership’’ (3 CFR 2000 Comp., p. 

341). 

§ 272.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Chairman of the Joint 

Chiefs of Staff, the Combatant 

Commands, the Office of the Inspector 

General of the Department of Defense, 

the Defense Agencies, the DoD Field 

Activities, and all other organizational 

entities in the Department of Defense 

(hereafter referred to collectively as the 

‘‘DoD Components’’). 

§ 272.3 Definition of basic research. 

Basic research is systematic study 

directed toward greater knowledge or 

understanding of the fundamental 

aspects of phenomena and of observable 

facts without specific applications 

towards processes or products in mind. 

It includes all scientific study and 

experimentation directed toward 

increasing fundamental knowledge and 

understanding in those fields of the 

physical, engineering, environmental, 

and life sciences related to long-term 

national security needs. It is farsighted 

high payoff research that provides the 

basis for technological progress. 

§ 272.4 Policy. 

It is DoD policy that: 

(a) Basic research is essential to the 

Department of Defense’s ability to carry 

out its missions because it is: 

(1) A source of new knowledge and 

understanding that supports DoD 

acquisition and leads to superior 

technological capabilities for the 

military; and 

(2) An integral part of the education 

and training of scientists and engineers 

critical to meeting future needs of the 

Nation’s defense workforce. 

(b) The Department of Defense shall: 

(1) Conduct a vigorous program of 

high quality basic research in the DoD 

Component laboratories; and 

(2) Support high quality basic 

research done by institutions of higher 

education, other nonprofit research 

institutions, laboratories of other 

Federal agencies, and industrial 

research laboratories. 

(c) The DoD Components’ conduct 

and support of basic research shall be 

consistent with the principles stated in 

Appendix A to this part. 

§ 272.5 Responsibilities. 

(a) The Director of Defense Research 

and Engineering, under the Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics 

(USD(AT&L)), shall: 

(1) Provide technical leadership and 

oversight, issue guidance for plans and 

programs; develop policies; conduct 

analyses and studies; and make 

recommendations for DoD basic 

research. 

(2) Recommend approval, 

modification, or disapproval of the DoD 

Components’ basic research programs 

and projects to eliminate unpromising 

or unnecessarily duplicative programs, 

and to stimulate the initiation or 

support of promising ones. 

(3) Recommend, through the 

USD(AT&L) to the Secretary of Defense, 

appropriate funding levels for DoD basic 

research. 

(4) Develop and maintain a metrics 

program to measure and assess the 

quality and progress for DoD basic 

research, a required element of which is 

an independent technical review: 

(i) At least biennially; and 

(ii) With participation by all the 

Military Departments and all the other 

DoD Components that have basic 

research programs. 

(5) Monitor the implementation of 

this part and issue any additional 

direction and guidance that may be 

necessary for that purpose. 

(b) The Directors of the Defense 

Agencies supporting basic research and 

the Secretaries of the Military 

Departments, within their 

organizational purview, shall 

implement this part. 

Appendix A to Part 272—Principles for 

the Conduct and Support of Basic 

Research 

1. Basic research is an investment. The 

DoD Components are to view and manage 

basic research investments as a portfolio, 

with assessments of program success based 

on aggregate returns. There should be no 

expectation that every individual research 

effort will succeed because basic research 

essentially is an exploration of the unknown 

and specific outcomes are not predictable. 

2. Basic research is along-term activity that 

requires continuity and stability of support. 

Individual basic research efforts sometimes 

return immediate dividends, with transitions 

directly from research laboratories to defense 

systems in the field. However, most often the 

full benefits of basic research are not 

apparent until much later. Therefore, the 

DoD Components must engage in long-term 

planning and funding of basic research to the 

maximum possible extent. 

3. Balance is essential in the portfolio of 

basic research investments. A wide range of 

scientific and engineering fields is of 

potential interest to the Department of 

Defense and the DoD Components. It is 

important to develop a balanced portfolio 

that includes investments not only in 

established research areas with promise for 

evolutionary advances, but also in areas that 

entail higher risk and offer potential for 

revolutionary advances with correspondingly 

higher benefits. 

4. Coordination with other Federal 

agencies is important. The DoD Components 

are to consider other Federal agencies’ basic 

research investments when making 

investment decisions, both to avoid 

unintended overlapping of support and to 

leverage those agencies’ investments as 

appropriate. 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 55727 

5. Merit review is used to select basic 

research projects for support. It is crucial that 

the Department of Defense invest in the 

highest quality research for defense needs. 

Merit review relies on the informed advice of 

qualified individuals who are independent of 

the individuals proposing to do the research. 

The principal merit review factors used in 

selecting among possible projects are 

technical merit and potential long-term 

relevance to defense missions. 

Dated: September 19, 2005. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 05–18985 Filed 9–22–05; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–05–117] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Trent River, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the regulations 

that govern the operation of the U.S. 70 

Bridge across the Trent River, at mile 

0.0, at New Bern, NC. This rule allows 

the bridge to remain in the closed-tonavigation position from 6 a.m. to 10:30 

a.m., on October 1, 2005, to facilitate the 

Neuse River Bridge Run. 

DATES: This rule is effective from 6 a.m. 

to 10:30 a.m. on October 1, 2005. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, as part of docket CGD05–05–117 

and are available for inspection or 

copying at Commander (obr), Fifth Coast 

Guard District, Federal Building, 1st 

Floor, 431 Crawford Street, Portsmouth, 

Virginia 23704–5004 between 8 a.m. 

and 4:30 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is (757) 398–6629. Fifth District 

maintains the public docket for this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: Gary 

S. Heyer, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6629. 

SUPPLEMENTARY INFORMATION: 

Good Cause for Not Publishing a NPRM 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b) (B), 

the Coast Guard finds that good cause 

exists for not publishing an NPRM. 

Publishing an NPRM is impracticable 

and contrary to the public interest as the 

Neuse River run is scheduled for 

October 1st, and immediate action is 

necessary to minimize the potential 

danger to the public. The bridge closure 

is a necessary measure to facilitate 

public safety that allows for the orderly 

movement of participants and vehicular 

traffic before, during and after the run. 

Good Cause for Making Rule Effective 

in Less Than 30 Days 

Under 5 U.S.C. 533(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register. A 30-day delayed effective 

date is impracticable and contrary to the 

public interest as the event is scheduled 

for October 1, 2005, and immediate 

action is necessary to ensure public 

safety and provide for the orderly 

movement of participants and vehicular 

traffic during the run. 

Background and Purpose 

North Carolina Department of 

Transportation, who owns and operates 

the drawbridge, has requested a 

temporary deviation from the operating 

regulations to facilitate the Neuse River 

Bridge Run. The run is an annual event, 

attracting participants from the 

surrounding cities and states. 

The existing regulations are outlined 

at 33 CFR 117.843(a). The bridge has a 

vertical clearance of 13 feet at mean 

high water in the closed position, 

unlimited vertical clearance in the full 

open position. The Coast Guard has 

informed the known users of the 

waterway of the closure periods for the 

bridge so that these vessels can arrange 

their transits to minimize any impact 

during the Neuse River Bridge Run. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security. 

This conclusion is based fact that the 

Coast Guard has informed the known 

users of the waterway of this rule and 

that the mariners can plan their trips in 

accordance with scheduled closure 

period. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This conclusion is based on the fact that 

the Coast Guard has informed the know 

users of the waterway, which consist 

mostly of recreational boaters and 

fisherman, of this rule and that the 

mariners can plan their trips in 

accordance with scheduled closure 

period. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism.