65866 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 

AFM to include the information specified in 

page 4 of Dornier 328 AOT–328–27–016, 

dated July 31, 1998. This may be 

accomplished by inserting a copy of page 4 

of the AOT into the AFM. 

New AFM Revision 

(g) For all airplanes: Within 3 days after 

January 8, 2001 (the effective date of AD 

2000–24–03), revise the Dornier 328 FAAapproved AFM as specified in paragraphs 

(g)(1) and (g)(2) of this AD. Concurrently with 

this AFM revision, remove the AFM 

revisions required by paragraph (f) of this AD 

from the AFM. 

(1) Revise the Normal Procedures Section 

to include the information specified in pages 

4, 5, and 6 of Dornier 328 AOT–328–27–016, 

Revision 1, dated October 28, 1998. This may 

be accomplished by inserting a copy of pages 

4, 5, and 6 of the AOT into the AFM. 

(2) Revise the Abnormal Procedures 

Section to include the information specified 

in page 3 of Dornier 328 AOT–328–27–016, 

Revision 1, dated October 28, 1998. This may 

be accomplished by inserting a copy of page 

3 of the AOT into the AFM. 

Modification 

(h) For airplanes with serial numbers 3005 

through 3099 inclusive, 3101 through 3108 

inclusive, and 3110 through 3119 inclusive: 

Within 5 months after January 8, 2001, 

modify the flap actuators of the flight 

controls, in accordance with Dornier 328 

Service Bulletin SB–328–27–293, dated 

November 10, 1999. After accomplishing the 

modification, operators may remove the AFM 

revisions required by paragraphs (f) and (g) 

of this AD from the AFM. 

Note 1: The Dornier service bulletin 

references Liebherr Aerospace Service 

Bulletin 1048A–27–02, dated November 9, 

1999, as an additional source of service 

information for accomplishing the 

modification of the flap actuators of the flight 

controls. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, has the authority to approve 

AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with 14 CFR 39.19 on any 

airplane to which the AMOC applies, notify 

the appropriate principal inspector in the 

FAA Flight Standards Certificate Holding 

District Office. 

(3) AMOCs approved previously in 

accordance with AD 98–22–07, amendment 

39–10854, are approved as AMOCs with 

paragraph (f) of this AD. 

(4) AMOCs approved previously in 

accordance with AD 2000–24–03, 

amendment 39–12010, are approved as 

AMOCs with this AD. 

Related Information 

(j) German airworthiness directive 1998–

359/3, dated April 6, 2000, also addresses the 

subject of this AD. 

Issued in Renton, Washington, on October 

20, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–21697 Filed 10–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–2005–22449] 

RIN 2120–AI16 

Flightdeck Door Monitoring and Crew 

Discreet Alerting Systems 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: This document corrects the 

preamble to a proposed rule published 

in the Federal Register on September 

21, 2005, regarding flightdeck door 

monitoring and crew discreet alerting 

systems. This correction adds two 

vendors that sell video camera systems 

to the ones cited in the preamble. 

FOR FURTHER INFORMATION CONTACT: 

Allen A. Mattes, Office of Aviation 

Policy and Plans, telephone; (202) 267–

3412. 

Correction 

In the proposed rule FR Doc. 05–

18806 published on September 21, 

2005, (70 FR 55492) make the following 

correction: 

1. On page 55495 for the proposed 

rule, in the second column, fourth 

paragraph, replace the contents of the 

paragraph with the following: 

‘‘Certificate holders that choose to 

install a video camera system to comply 

with this rule, would incur the 

following costs. Some turbojets would 

need a two- or three-camera system 

while regional jets, including turbojets 

and turboprops, would need a onecamera system. AirWorks, AEI/AD 

Aerospace, Bournemouth Aviation Ltd., 

Goodrich, and Hollingsead International 

are the only vendors currently 

supplying these systems for airplanes. 

Many of their systems have 

Supplemental Type Certificates (STCs) 

issued by the FAA. These vendors are 

selling their systems to several 

European and Asian airlines as a result 

of United Kingdom (UK) Department for 

Transport Directive 21(a), issued on 

January 27, 2003, which strictly follows 

the ICAO requirements including the 

November 1, 2003 deadline. Thus, the 

FAA bases its estimated average costs 

on the vendors’ reported costs.’’

Issued in Washington, DC on October 25, 

2005. 

Anthony F. Fazio, 

Director, Office of Rulemaking. 

[FR Doc. 05–21747 Filed 10–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 41, 158, 286 and 349 

[Docket No. RM06–2–000] 

Procedures for Disposition of 

Contested Audit Matters 

October 20, 2005. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: Pursuant to section 309 of the 

Federal Power Act, 16 U.S.C. 825h 

(2000); section 16 of the Natural Gas 

Act, 15 U.S.C. 717o (2000); sections 20 

and 204(a)(6) of the Interstate Commerce 

Act, 49 App. U.S.C. 20 and 

204(a)(6)(2000); and section 501 of the 

Natural Gas Policy Act of 1978, 15 

U.S.C. 3411 (2000), the Federal Energy 

Regulatory Commission proposes to 

issue Rules permitting audited persons 

to challenge audit findings before the 

issuance of a Commission order on the 

merits of those findings. The 

Commission seeks public comment on 

the Rules proposed herein. 

DATES: Comments are due November 22, 

2005. Reply comments are due 

November 29, 2005. 

ADDRESSES: Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http:// 

www.ferc.gov. Commenters unable to 

file comments electronically must send 

an original and 14 copies of their 

comments to: Federal Energy Regulatory 

Commission, Office of the Secretary, 

888 First Street NE., Washington, DC 

20426. Refer to the Comment 

Procedures section of the preamble for 

additional information on how to file 

comments. 

FOR FURTHER INFORMATION CONTACT: John 

R. Kroeger, Office of Market Oversight 

and Investigations, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

(202) 502–8177. 

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 65867 

1 18 CFR parts 41, 158 and 286 (2005). Part 41 

applies to public utilities and licensees under the 

Federal Power Act (FPA), part 158 applies to 

natural gas companies under the Natural Gas Act 

(NGA), part 286 applies to entities subject to the 

Commission’s jurisdiction under the Natural Gas 

Policy Act of 1978 (NGPA) and the new part 349 

would apply to common carries subject to the 

Commission’s jurisdiction under the Interstate 

Commerce Act (ICA). 2The term ‘‘person’’ as used in this notice and the 

accompanying regulatory text is the same as the 

definition of person found in parts 101 (Definition 

24) and 201 (Definition 27) of the Commission’s 

regulations, which reads as follows: ‘‘An 

individual, a corporation, a partnership, an 

association, a joint stock company, a business trust, 

or any other organized group of persons, whether 

incorporated or not, or any receiver or trust.’’ 3The term ‘‘shortened procedure’’ as used in this 

notice and the accompanying regulatory text refers 

to a ‘‘paper hearing,’’ or briefing of matters only, not 

including a trial-type proceeding, in a contested 

proceeding before the Commission. 

4See Federal Power Commission, Rules of 

Practice and Regulations § 301(a) (Revised January 

1, 1937). 

5See 18 CFR part 358 (2005). 

6See Authorization of Terms and Conditions of 

Public Utility Market-Based Rate Authorizations, 

105 FERC ¶ 61,218 (2003); Amendments to Blanket 

Sales Certificates, III FERC Statutes & Regulations, 

Regulations Preambles ¶ 31,153 (2003). 7See 18 CFR 41.1 and 158.1 (2005). 

I. Summary 

1. In this Notice of Proposed 

Rulemaking (NOPR), the Federal Energy 

Regulatory Commission (Commission) 

proposes to amend parts 41 and 158, 

add new language to part 286 and to add 

a new part 349 to its regulations.1 The 

main purpose of the proposed rule is to 

apply existing procedures for 

challenging the Commission staff’s 

financial audit findings and proposed 

remedies to the Commission staff’s 

operational audit findings and proposed 

remedies as well. 

2. The Commission is proposing to 

amend its regulations to permit any 

audited person 2 to challenge staff audit 

findings and proposed remedies 

(collectively, audit matters) before the 

issuance of a Commission order on the 

merits of those audit matters. Under the 

proposed rule, the Commission would 

issue an order on the merits with 

respect to non-disputed audit matters 

contained in a notice of deficiency, 

audit report or similar document and 

would notice, without making any 

findings on the merits, any disputed 

audit matters. The Commission would 

provide the audited person an 

opportunity to challenge any such 

disputed audit matters. The audited 

person could then elect a shortened 

procedure 3 or a trial-type hearing to 

challenge the disputed audit matters. 

The Commission would honor this 

election unless in the Commission’s 

judgment there were no material facts in 

dispute which require crossexamination. 

II. Background 

3. Relevant portions of the existing 

language of parts 41 and 158 that relate 

to procedures for challenging audit 

matters date at least to 1937.4 At that 

time and for many years afterward, 

Commission staff audited primarily the 

financial accounts and records of 

jurisdictional persons and the language 

of these sections was adequate. 

Financial audits have been conducted 

mainly to determine compliance with 

parts 101 (Uniform System of Accounts 

Prescribed for Public Utilities and 

Licensees), 201 (Uniform System of 

Accounts Prescribed for Natural Gas 

Companies) and 352 (Uniform Systems 

of Accounts Prescribed for Oil Pipeline 

Companies). However, in more recent 

years the Commission staff has 

conducted operational audits. 

Operational audits have been conducted 

to determine compliance with the 

Commission’s Standards of Conduct,5

Behavior Rules,6 Codes of Conduct, 

tariff matters and other Commission 

requirements. Thus, operational audits 

address matters that are not explicitly 

covered by the existing provisions of 

parts 41 and 158. Accordingly, the 

proposed rule is needed to provide the 

audited persons who are subject to 

operational audits, and indeed, to all 

audits the Commission staff conducts, 

the same procedural benefits provided 

to audited persons who are subject to 

financial audits. The proposed rule 

would advance the due process rights of 

all audited persons by providing an 

effective procedure for them to 

challenge staff audit findings. 

4. The Commission’s regulations do 

not now contain procedures for 

challenging audit findings and proposed 

remedies of audits conducted under the 

NGPA and the ICA. The proposed rule 

includes audits under these statutes for 

the sake of completeness. While the 

Commission’s staff conducts audits 

under the authority of these statutes less 

frequently than it does under the NGA 

and FPA, the proposed rule would 

permit persons audited under the NGPA 

and the ICA to challenge audit matters 

in the same way that persons audited 

under the NGA or FPA could challenge 

audit matters. 

III. Discussion 

5. The Commission staff conducts 

audits of persons subject to the 

Commission’s jurisdiction to determine 

compliance with the Uniform Systems 

of Accounts and other requirements of 

the Commission. The Commission’s 

audit staff conducts audits that pertain 

to orders, rules and regulations 

covering, among other things, financial 

accounting and reporting, annual 

charges, Standards of Conduct and 

Codes of Conduct, interlocking 

directorates, and other requirements 

affecting persons under the 

Commission’s jurisdiction. 

6. The Commission’s rules now 

permit persons subject to financial 

audits to challenge staff audit findings 

before the issuance of a Commission 

order on the merits of those findings. 

Parts 41 and 158, at sections 41.1 

through 41.7 and at sections 158.1 

through 158.7, respectively, currently 

provide for Commission or Commission 

staff to inform a person subject to the 

Commission’s FPA jurisdiction (in the 

case of part 41) or the Commission’s 

NGA jurisdiction (in the case of part 

158) of a deficiency with respect to the 

following limited classification of items: 

(1) The maintenance of accounts, or any 

books and records pertaining to or in 

support of those accounts; or (2) any 

statement or report submitted by such 

person. In the event of a disagreement 

between such person and the 

Commission or its staff with respect to 

any finding, parts 41 and 158 permit 

such person to challenge one or more 

findings of audit staff before issuance of 

an order by the Commission on the 

merits of the audit findings. An audited 

person can challenge the findings by 

either choosing a paper hearing, referred 

to as a ‘‘shortened procedure’’ in parts 

41 and 158, or a trial type-hearing under 

subpart E of part 385 of the 

Commission’s regulations.7 The 

shortened procedure consists of an 

opportunity to submit briefs to the 

Commission with respect to the 

disagreement. If the audited person does 

not choose the shortened procedure, the 

Commission will assign the proceeding 

for a trial-type hearing except when 

there are no material facts in dispute 

requiring cross-examination. 

7. The proposed rule would expand 

the existing procedural rights of persons 

subject to audits conducted by the 

Commission staff. Accordingly, under 

the proposed rule, the Commission 

would not limit the ability to challenge 

staff audit findings before the issuance 

of a Commission order on the merits of 

those findings to persons subject to 

financial audits only, i.e., audits of 

accounts or books and records in 

support of those accounts, or audits of 

statements or reports submitted to the 

Commission. Instead, the Commission 

would amend its regulations to permit 

all audited persons who disagree with 

staff audit findings to so challenge them. 

8. The Commission’s audit staff 

communicates its audit findings and 

65868 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 

8See sections 41.3 and 158.3 of the Commission’s 

regulations; 18 CFR 41.3 and 158.7 (2005). 

9The Commission staff may conduct an audit 

pursuant to its enforcement authority found in 

section 501(a) of the NGPA, 15 U.S.C. 3411(a) 

(2000). Such audits are infrequent and the 

Commission suggests no change in the frequency of 

such audits by the promulgation of this proposed 

rule. The Commission staff may conduct an audit 

to assure compliance with the Uniform Systems of 

Accounts Prescribed for Oil Pipeline Companies, 18 

CFR part 352 (2005). 

10See section 309 of the FPA, 16 U.S.C. 825h 

(2000); section 16 of the NGA, 15 U.S.C. 717o 

(2000); sections 20 and 204(a)(6) of the ICA; 49 

App. U.S.C. 20 and 204(a)(6) (2000); and section 

501 of the NGPA, 15 U.S.C. 3411 (2000). 

11Section 309 of the FPA, 16 U.S.C. 825h (2000); 

and section 16 of the NGA, 15 U.S.C. 717o (2000). 

12 44 U.S.C. 3501 et seq. (2000). 

13 5 U.S.C. 601–612. 

proposed remedies with the audited 

person. The audited person has an 

opportunity to provide written 

comments signifying agreement or 

disagreement with the audit findings 

and proposed remedial measures. Under 

the proposed rule, in cases where the 

audited person communicated its 

disagreement with any finding or 

proposed remedy, the Commission 

would notice any such disputed 

findings and proposed remedies, 

without ruling on the merits with 

respect to them, in any initial order 

regarding the notice of deficiency, audit 

report or similar document. For all 

audits, the Commission would provide 

the audited person the opportunity to 

timely challenge the noticed finding or 

findings and proposed remedial 

measures through the shortened 

procedure or a trial-type hearing. The 

Commission would honor the audited 

person’s election unless in the 

Commission’s judgment there were no 

material facts in dispute which require 

cross-examination. By opting for the 

shortened procedure, the person has 

waived any right to subsequently 

request a hearing before an 

administrative law judge under section 

41.7 or 158.7.8

9. The Commission is also proposing 

to permit persons audited under the 

NGPA or the ICA the same opportunity 

to challenge staff audit findings before 

the Commission issues an order on the 

merits of those findings.9 The 

Commission’s regulations applicable to 

these statutes do not contain provisions 

analogous to the procedures in parts 41 

and 158. Accordingly, the proposed rule 

would add sections 286.103 through 

286.109 to part 286 to provide the 

indicated provisions for persons audited 

under authority of the NGPA. The 

proposed rule would further add a new 

part 349 to provide the indicated 

provisions for persons audited under 

authority of the ICA. 

10. The Commission has legal 

authority to make the proposed changes 

under the FPA, NGA, ICA and NGPA.10

In this respect, the FPA and NGA 

empower the Commission, with respect 

to public utilities and interstate natural 

gas pipeline companies to ‘‘perform any 

and all acts, and to prescribe, issue, 

make, amend, and rescind such orders, 

rules and regulations as it may find 

necessary or appropriate to carry out the 

provisions of [the] Act.’’11

11. The Commission invites public 

comments on whether the Commission 

should also provide informal 

procedures before proceeding with the 

formal procedures contained in the 

proposed rule. Commenters should 

address the relative merits of such 

processes and how they could function 

in concert with the proposed rule. 

IV. Information Collection Statement 

12. This proposed rule clarifies and 

amends the existing requirements to 

apply to all audits and does not include 

new information collections under the 

provisions of the Paperwork Reduction 

Act of 1995.12

V. Environmental Analysis 

13. 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. The Commission has 

categorically excluded certain actions 

from this requirement as not have a 

significant effect on the human 

environment. Included in the exclusions 

are rules that are clarifying, corrective, 

or procedural or that do not 

substantively change the effect of the 

regulations being amended. This 

proposed rule, if finalized, is procedural 

in natural and therefore falls under this 

exception; consequently, no 

environmental consideration would be 

necessary. 

VI. Regulatory Flexibility Act Statement 

14. The Regulatory Flexibility Act of 

1980 (RFA) 13 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities. The Commission is not 

required to make such analyses if a rule 

would not have such an effect. The 

Commission concludes that this rule 

would not have such an impact on small 

entities. Most filing companies 

regulated by the Commission do not fall 

within the Commission’s definition of a 

small entity. The proposed rule would 

not impose new filing requirements. 

VII. Comment Procedures 

15. The Commission invites interested 

persons to submit written 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 21 days from 

publication in the Federal Register. 

Comments must refer to Docket No. 

RM06–2–000, and may be filed either in 

electronic or paper format. Those filing 

electronically do not need to make a 

paper filing. 

16. Documents filed electronically via 

the Internet can be prepared in a variety 

of formats, including WordPerfect, MS 

Word, Portable Document Format, Real 

Text Format, or ASCII format, as listed 

on the Commission’s Web site at http:// 

ferc.gov under the e-Filing link. The eFiling link provides instructions for 

how to Login and complete an 

electronic filing. First time users will 

have to establish a user name and 

password. The Commission will send an 

automatic acknowledgment to the 

sender’s e-mail address upon receipt of 

comments. User assistance for electronic 

filing is available at 202–208–0258 or by 

e-mail to efiling@ferc.gov. Comments 

should not be submitted to the e-mail 

address. 

17. For paper filings, the original and 

14 copies of such comments should be 

submitted to the Office of the Secretary, 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

18. All comments will be placed in 

the Commission’s public files and will 

be available for inspection in the 

Commission’s Public Reference Room at 

888 First Street, NE., Washington, DC 

20426, during regular business hours. 

Additionally, all comments may be 

viewed, printed, or downloaded 

remotely via the Internet through 

FERC’s home page. 

VIII. Document Availability 

19. 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 and in FERC’s Public 

Reference Room during normal business 

hours. 

20. From FERC’s home page on the 

Internet, this information is available in 

e-library. The full text of this document 

is available in e-library in PDF and MS 

Word format for viewing, printing or 

downloading. To access this document 

in e-library, type the docket number 

excluding the last three digits of this 

document in the docket number field. 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 65869 

21. User assistance is available for elibrary and the FERC’s Web site during 

normal business hours from our Help 

line at (202) 208–2222 or the Public 

Reference Room at (202) 208–1371. Email the Public Reference Room at 

public.reference@ferc.gov. 

List of Subjects 

18 CFR Part 41 

Electric power, accounts, records, 

memoranda, conduct, shortened 

procedure. 

18 CFR Part 158 

Natural gas, accounts, records, 

memoranda, conduct, shortened 

procedure. 

18 CFR Part 286 

Natural gas, accounts, records, 

memoranda, conduct, shortened 

procedure. 

18 CFR Part 349. 

Oil pipelines, accounts, records, 

memoranda, conduct, shortened 

procedure. 

By direction of the Commission. 

Magalie R. Salas, 

Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend Chapter 

1, Title 18, of the Code of Federal 

Regulations, as follows: 

PART 41—ACCOUNTS, RECORDS, 

MEMORANDA AND DISPOSITION OF 

CONTESTED AUDIT FINDINGS AND 

PROPOSED REMEDIES 

1. The authority citation for part 41 

continues to read as follows: 

Authority: 16 U.S.C. 791a–825r. 

2. The heading of part 41 is revised 

to read as set forth above. 

3. Sections 41.1, 41.2 and 41.3, and 

the undesignated center heading 

preceding them, are revised to read as 

follows: 

Disposition of Contested Audit Findings 

and Proposed Remedies 

§ 41.1 Notice to audited person. 

An audit conducted by the 

Commission’s staff under authority of 

the Federal Power Act may result in a 

notice of deficiency or audit report or 

similar document containing a finding 

or findings that the audited person has 

not complied with a requirement of the 

Commission with respect to, but not 

limited to, the following: A filed tariff 

or tariffs, contracts, data, records, 

accounts, books, communications or 

papers relevant to the audit of the 

audited person; matters under the 

Standards of Conduct or the Code of 

Conduct; and the activities or operations 

of the audited person. The notice of 

deficiency, audit report or similar 

document may also contain one or more 

proposed remedies that address findings 

of noncompliance. Where such findings, 

with or without proposed remedies, 

appear in a notice of deficiency, audit 

report or similar document, such 

document shall be provided to the 

audited person, and the finding or 

findings, and any proposed remedies, 

shall be noted and explained. The 

audited person shall timely indicate in 

a written response any and all findings, 

including any and all proposed 

remedies, with which the audited 

person disagrees. Any initial order that 

the Commission subsequently may issue 

with respect to the notice of deficiency, 

audit report or similar document shall 

note, but not address on the merits, the 

finding or findings and any proposed 

remedies with which the audited person 

disagreed. The Commission shall 

provide the audited person a specified 

number of days to respond with respect 

to the finding or findings and any 

proposed remedies with which it 

disagreed. 

§ 41.2 Response to notification. 

Upon issuance of a Commission order 

that notes a finding or findings, with or 

without proposed remedies, with which 

the audited person has disagreed, the 

audited person may: Acquiesce in the 

findings and proposed remedies by not 

timely responding to the Commission 

order, in which case the Commission 

may issue an order approving them or 

taking other action; or challenge the 

finding or findings, and any proposed 

remedies, with which it disagreed by 

timely notifying the Commission in 

writing that it requests Commission 

review by means of a shortened 

procedure or, if there are material facts 

in dispute which require crossexamination, a trial-type hearing. 

§ 41.3 Shortened procedure. 

If the audited person subject to a 

Commission order described in § 41.1 

notifies the Commission that it seeks to 

challenge one or more audit findings, 

with or without proposed remedies, by 

the shortened procedure, the 

Commission shall thereupon issue a 

notice setting a schedule for the filing of 

memoranda. The person electing the use 

of the shortened procedure, and any 

other interested entities, including the 

Commission staff, shall file, by the date 

specified by the Commission in the 

notice, an initial memorandum that 

addresses the relevant facts and 

applicable law that support the position 

or positions taken regarding the matters 

at issue. In the notice, the Commission 

shall also set a date for the filing of 

reply memoranda, which may be filed 

only by participants that filed initial 

memoranda. Subpart T of part 385 of the 

Commission’s regulations shall apply to 

all filings. A person that consents to the 

matter being handled pursuant to the 

shortened procedure has waived any 

right to subsequently request a hearing 

pursuant to § 41.7 and may not later 

request such a hearing. 

* * * * * 

PART 158—ACCOUNTS, RECORDS 

MEMORANDA AND DISPOSITION OF 

CONTESTED AUDIT FINDINGS AND 

PROPOSED REMEDIES 

4. The authority citation for part 158 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w. 

5. The heading of part 158 is revised 

to read as set forth above. 

6. Sections 158.1, 158.2 and 158.3, 

and the undesignated center heading 

preceding them, are revised to read as 

follows: 

Disposition of Contested Audit Findings 

and Proposed Remedies 

§ 158.1 Notice to audited person. 

An audit conducted by the 

Commission or its staff under authority 

of the Natural Gas Act may result in a 

notice of deficiency or audit report or 

similar document containing a finding 

or findings that the audited person has 

not complied with a requirement of the 

Commission with respect to, but not 

limited to, the following: A filed tariff 

or tariffs, contracts, data, records, 

accounts, books, communications or 

papers relevant to the audit of the 

audited person; matters under the 

Standards of Conduct or the Code of 

Conduct; and the activities or operations 

of the audited person. The notice of 

deficiency, audit report or similar 

document may also contain one or more 

proposed remedies that address findings 

of noncompliance. Where such findings, 

with or without proposed remedies, 

appear in a notice of deficiency, audit 

report or similar document, such 

document shall be provided to the 

audited person, and the finding or 

findings, and any proposed remedies, 

shall be noted and explained. The 

audited person shall timely indicate in 

a written response any and all findings, 

including any and all proposed 

remedies, with which the audited 

person disagrees. Any initial order that 

the Commission subsequently may issue 

with respect to the notice of deficiency, 

audit report or similar document shall 

note, but not address on the merits, the 

65870 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 

finding or findings and any proposed 

remedies with which the audited person 

disagreed. The Commission shall 

provide the audited person a specified 

number of days to respond with respect 

to the finding or findings and any 

proposed remedies with which it 

disagreed. 

§ 158.2 Response to notification. 

Upon issuance of a Commission order 

that notes a finding or findings, with or 

without proposed remedies, with which 

the audited person has disagreed, the 

audited person may: Acquiesce in the 

findings and proposed remedies by not 

timely responding to the Commission 

order, in which case the Commission 

may issue an order approving them or 

taking other action; or challenge the 

finding or findings and any proposed 

remedies with which it disagreed by 

timely notifying the Commission in 

writing that it requests Commission 

review by means of a shortened 

procedure, or, if there are material facts 

in dispute which require crossexamination, a trial-type hearing. 

§ 158.3 Shortened procedure. 

If the audited person subject to a 

Commission order described in § 158.1 

notifies the Commission that it seeks to 

challenge one or more audit findings, 

with or without proposed remedies, by 

the shortened procedure, the 

Commission shall thereupon issue a 

notice setting a schedule for the filing of 

memoranda. The person electing the use 

of the shortened procedure, and any 

other interested entities, including the 

Commission staff, shall file, by the date 

specified by the Commission in the 

notice, an initial memorandum that 

addresses the relevant facts and 

applicable law that support the position 

or positions taken regarding the matters 

at issue. In the notice, the Commission 

shall also set a date for the filing of 

reply memoranda, which may be filed 

only by participants that filed initial 

memoranda. Subpart T of part 385 of the 

Commission’s regulations shall apply to 

all filings. A person that consents to the 

matter being handled pursuant to the 

shortened procedure has waived any 

right to subsequently request a hearing 

pursuant to § 158.7 and may not later 

request such a hearing. 

* * * * * 

PART 286—ADMINISTRATIVE 

PROCEDURES AND DISPOSITION OF 

CONTESTED AUDIT FINDINGS AND 

PROPOSED REMEDIES 

7. The authority citation for part 286 

continues to read as follows: 

Authority: Administrative Procedure Act, 5 

U.S.C. 551 et seq., Natural Gas Policy Act of 

1978, Pub. L. 95–621, 92 Stat. 3350, 

Department of Energy Organization Act, Pub. 

L. 95–91, E.O. 12009, 42 FR 46267. 

8. The heading of part 286 is revised 

to read as set forth above. 

9. Sections 286.103 through 286.109 

and a new undesignated center heading 

preceding them are added as follows: 

Disposition of Contested Audit Findings 

and Proposed Remedies 

§ 286.103 Notice to audited person. 

An audit conducted by the 

Commission or its staff under authority 

of the Natural Gas Policy Act may result 

in a notice of deficiency or audit report 

or similar document containing a 

finding or findings that the audited 

person has not complied with a 

requirement of the Commission with 

respect to, but not limited to, the 

following: A filed tariff or tariffs, 

contracts, data, records, accounts, 

books, communications or papers 

relevant to the audit of the audited 

person; matters under the Standards of 

Conduct or the Code of Conduct; and 

the activities or operations of the 

audited person. The notice of 

deficiency, audit report or similar 

document may also contain one or more 

proposed remedies that address findings 

of noncompliance. Where such findings, 

with or without proposed remedies, 

appear in a notice of deficiency, audit 

report or similar document, such 

document shall be provided to the 

audited person, and the finding or 

findings, and any proposed remedies, 

shall be noted and explained. The 

audited person shall timely indicate in 

a written response any and all findings, 

including any and all proposed 

remedies, with which the audited 

person disagrees. Any initial order that 

the Commission subsequently may issue 

with respect to the notice of deficiency, 

audit report or similar document shall 

note, but not address on the merits, the 

finding or findings and any proposed 

remedies with which the audited person 

disagreed. The Commission shall 

provide the audited person a specified 

number of days to respond with respect 

to the finding or findings and any 

proposed remedies with which it 

disagreed. 

§ 286.104 Response to notification. 

Upon issuance of a Commission order 

that notes a finding or findings, with or 

without proposed remedies, with which 

the audited person has disagreed, the 

audited person may: Acquiesce in the 

findings and proposed remedies by not 

timely responding to the Commission 

order, in which case the Commission 

may issue an order approving them or 

taking other action; or challenge the 

finding or findings and any proposed 

remedies with which it disagreed by 

timely notifying the Commission in 

writing that it requests Commission 

review by means of a shortened 

procedure, or, if there are material facts 

in dispute which require crossexamination, a trial-type hearing. 

§ 286.105 Shortened procedure. 

If the audited person subject to a 

Commission order described in 

§ 286.103 notifies the Commission that 

it seeks to challenge one or more audit 

findings, with or without proposed 

remedies, by the shortened procedure, 

the Commission shall thereupon issue a 

notice setting a schedule for the filing of 

memoranda. The person electing the use 

of the shortened procedure, and any 

other interested entities, including the 

Commission staff, shall file, by the date 

specified by the Commission in the 

notice, an initial memorandum that 

addresses the relevant facts and 

applicable law that support the position 

or positions taken regarding the matters 

at issue. In the notice, the Commission 

shall also set a date for the filing of 

reply memoranda, which may be filed 

only by participants that filed initial 

memoranda. Subpart T of part 385 of the 

Commission’s regulations shall apply to 

all filings. A person that consents to the 

matter being handled pursuant to the 

shortened procedure has waived any 

right to subsequently request a hearing 

pursuant to § 286.109 and may not later 

request such a hearing. 

§ 286.106 Form and style. 

Each copy of such memorandum must 

be complete in itself. All pertinent data 

should be set forth fully, and each 

memorandum should set out the facts 

and argument as prescribed for briefs in 

§ 385.706 of this chapter. 

§ 286.107 Verification. 

The facts stated in the memorandum 

must be sworn to by persons having 

knowledge thereof, which latter fact 

must affirmatively appear in the 

affidavit. Except under unusual 

circumstances, such persons should be 

those who would appear as witnesses if 

hearing were had to testify as to the 

facts stated in the memorandum. 

§ 286.108 Determination. 

If no formal hearing is had the matter 

in issue will be determined by the 

Commission on the basis of the facts 

and arguments submitted. 

§ 286.109 Assignment for oral hearing. 

Except when there are no material 

facts in dispute, when a person does not 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 65871 

consent to the shortened procedure, the 

Commission will assign the proceeding 

for hearing as provided by subpart E of 

part 385 of this chapter. 

Notwithstanding a person’s not giving 

consent to the shortened procedure, and 

instead seeking assignment for hearing 

as provided for by subpart E of part 385 

of this chapter, the Commission will not 

assign the proceeding for a hearing 

when no material facts are in dispute. 

The Commission may also, in its 

discretion, at any stage in the 

proceeding, set the proceeding for 

hearing. 

10. Part 349 is added to Subchapter P 

to read as follows: 

PART 349—DISPOSITION OF 

CONTESTED AUDIT FINDINGS AND 

PROPOSED REMEDIES 

Sec. 

349.1 Notice to audited person. 

349.2 Response to notification. 

349.3 Shortened procedure. 

349.4 Form and style. 

349.5 Verification. 

349.6 Determination. 

349.7 Assignment for oral hearing. 

Authority: 42 U.S.C. 7101–7352; 49 U.S.C. 

60502; 49 App. U.S.C. 1–85. 

§ 349.1 Notice to audited person. 

An audit conducted by the 

Commission or its staff under authority 

of the Interstate Commerce Act may 

result in a notice of deficiency or audit 

report or similar document containing a 

finding or findings that the audited 

person has not complied with a 

requirement of the Commission with 

respect to, but not limited to, the 

following: A filed tariff or tariffs, 

contracts, data, records, accounts, 

books, communications or papers 

relevant to the audit of the audited 

person; matters under the Standards of 

Conduct or the Code of Conduct; and 

the activities or operations of the 

audited person. The notice of 

deficiency, audit report or similar 

document may also contain one or more 

proposed remedies that address findings 

of noncompliance. Where such findings, 

with or without proposed remedies, 

appear in a notice of deficiency, audit 

report or similar document, such 

document shall be provided to the 

audited person, and the finding or 

findings, and any proposed remedies, 

shall be noted and explained. The 

audited person shall timely indicate in 

a written response any and all findings, 

including any and all proposed 

remedies, with which the audited 

person disagrees. Any initial order that 

the Commission subsequently may issue 

with respect to the notice of deficiency, 

audit report or similar document shall 

note, but not address on the merits, the 

finding or findings and any proposed 

remedies with which the audited person 

disagreed. The Commission shall 

provide the audited person a specified 

number of days to respond with respect 

to the finding or findings and any 

proposed remedies with which it 

disagreed. 

§ 349.2 Response to notification. 

Upon issuance of a Commission order 

that notes a finding or findings, with or 

without proposed remedies, with which 

the audited person has disagreed, the 

audited person may: Acquiesce in the 

findings and proposed remedies by not 

timely responding to the Commission 

order, in which case the Commission 

may issue an order approving them or 

taking other action; or challenge the 

finding or findings and any proposed 

remedies with which it disagreed by 

timely notifying the Commission in 

writing that it requests Commission 

review by means of a shortened 

procedure, or, if there are material facts 

in dispute which require crossexamination, a trial-type hearing. 

§ 349.3 Shortened procedure. 

If the audited person subject to a 

Commission order described in § 349.1 

above notifies the Commission that it 

seeks to challenge one or more audit 

findings, with or without proposed 

remedies, by the shortened procedure, 

the Commission shall thereupon issue a 

notice setting a schedule for the filing of 

memoranda. The person electing the use 

of the shortened procedure, and any 

other interested entities, including the 

Commission staff, shall file, by the date 

specified by the Commission in the 

notice, an initial memorandum that 

addresses the relevant facts and 

applicable law that support the position 

or positions taken regarding the matters 

at issue. In the notice, the Commission 

shall also set a date for the filing of 

reply memoranda, which may be filed 

only by participants that filed initial 

memoranda. Subpart T of Part 385 of the 

Commission’s regulations shall apply to 

all filings. A person that consents to the 

matter being handled pursuant to the 

shortened procedure has waived any 

right to subsequently request a hearing 

pursuant to § 349.7 and may not later 

request such a hearing. 

§ 349.4 Form and style. 

Each copy of such memorandum must 

be complete in itself. All pertinent data 

should be set forth fully, and each 

memorandum should set out the facts 

and argument as prescribed for briefs in 

§ 385.706 of this chapter. 

§ 349.5 Verification. 

The facts stated in the memorandum 

must be sworn to by persons having 

knowledge thereof, which latter fact 

must affirmatively appear in the 

affidavit. Except under unusual 

circumstances, such persons should be 

those who would appear as witnesses if 

hearing were had to testify as to the 

facts stated in the memorandum. 

§ 349.6 Determination. 

If no formal hearing is had the matter 

in issue will be determined by the 

Commission on the basis of the facts 

and arguments submitted. 

§ 349.7 Assignment for oral hearing. 

Except when there are no material 

facts in dispute, when a person does not 

consent to the shortened procedure, the 

Commission will assign the proceeding 

for hearing as provided by subpart E of 

part 385 of this chapter. 

Notwithstanding a person’s not giving 

consent to the shortened procedure, and 

instead seeking assignment for hearing 

as provided for by subpart E of part 385 

of this chapter, the Commission will not 

assign the proceeding for a hearing 

when no material facts are in dispute. 

The Commission may also, in its 

discretion, at any stage in the 

proceeding, set the proceeding for 

hearing. 

[FR Doc. 05–21422 Filed 10–31–05; 8:45 am] 

BILLING CODE 6717–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 411 

Additional Town Hall Meetings on the 

Notice of Proposed Rulemaking for the 

Ticket to Work and Self-Sufficiency 

Program 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of public town hall 

meetings. 

SUMMARY: We will be holding a series of 

town hall meetings to maximize the 

opportunities for individuals and 

organizations to give us input on our 

Notice of Proposed Rulemaking (NPRM) 

to amend our regulations for the Ticket 

to Work and Self-Sufficiency Program 

(Ticket to Work program). We invite the 

public, including beneficiaries and 

other individuals with disabilities, their 

advocates, service providers, employers 

and other interested parties to attend 

these public meetings and to give us 

input on our proposed changes to the 

rules for the Ticket to Work program.