5378 Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Rules and Regulations 

1 18 CFR 1b.21(g-h), 2.55(c)(1)(ii)(C), 

157.203(d)(1)(iii)(D), and 380.15(c)(1)(ii)(C) (2015). 

2 18 CFR 1b.21 (2015). 

3 Id. 

4 Instant Final Rule Transferring Certain 

Enforcement Hotline Matters to the Dispute 

Resolution Service, 75 FR 21503, at 21504 (April 26, 

2010); FERC Stat. & Regs. ¶ 31,308 (2010) (crossreferenced at 131 FERC ¶ 61,018 (2010)). 

5 Id. These include calls to OEP’s Division of 

Hydropower Administration and Compliance 

(DHAC) regarding compliance with hydroelectric 

project licensing conditions which DHAC elects to 

refer to DRS. 

6 18 CFR 157.203(d)(1)(iii) (2015). 

7 18 CFR 157.203(d)(1)(iii)(D) (2015). 

8Notwithstanding the name of the helpline, in 

accordance with section 1b.21(g), any person 

affected by a jurisdictional project—whether a 

landowner or not—may make use of the Landowner 

Helpline. 

■ b. In paragraph (c), remove the phrase: 

‘‘Executive Director,’’ and add in its 

place ‘‘Office of the Executive Director’’. 

The revision reads as follows: 

§ 1031.12 Membership criteria. 

* * * * * 

(b) All other officials and employees 

not covered under § 1031.12(a) may 

participate as voting members or accept 

leadership positions in voluntary 

standard development groups, when 

authorized with the prior approval of 

the Office of the Executive Director. 

* * * * * 

Dated: January 27, 2016. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2016–01778 Filed 2–1–16; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 1b, 2, 157, and 380 

[Docket No. RM15–26–000; Order No. 821] 

Transferring Certain Dispute 

Resolution Service Matters to the 

Commission’s Landowner Helpline 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy 

(DOE). 

ACTION: Final rule. 

SUMMARY: The Commission is revising 

its regulations to reflect an internal 

reorganization. On June 14, 2013, the 

Dispute Resolution Service moved from 

the Commission’s Office of 

Administrative Litigation (OAL) to the 

Commission’s Office of Administrative 

Law Judges (OALJ), and the resulting 

new office was named the Office of 

Administrative Law Judges and Dispute 

Resolution (OALJDR). On January 11, 

2015, the Commission designated a 

Landowner Helpline function in the 

OALJDR. The revised regulations 

substitute the Commission’s recently 

established Landowner Helpline in 

place of the Commission’s Dispute 

Resolution Service (DRS) as the contact 

for handling dispute-related calls, 

emails, and letters, pertaining to the 

construction and operation of 

jurisdictional infrastructure projects. 

This revision does not preclude 

disputants from utilizing other means to 

address disputes at the Commission. 

The transfer of responsibility for 

dispute-related calls, emails, and letters 

pertaining to infrastructure projects to 

the Landowner Helpline reflects an 

allocation of dedicated resources to 

serve the public interest. 

DATES: This rule will become effective 

March 3, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Sharp, Office of the General 

Counsel, 888 First Street NE., 

Washington, DC 20426, 202–502–6461, 

thomas.sharp@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Order No. 821 

Final Rule 

(Issued January 21, 2016) 

1. 1. By this instant Final Rule, the 

Commission is revising its regulations 1

to substitute the Commission’s recently 

established Landowner Helpline in 

place of the Commission’s Dispute 

Resolution Service (DRS) as the point of 

contact for dispute-related calls, emails, 

and letters, pertaining to the 

construction or operation of 

jurisdictional natural gas and 

hydroelectric projects. The Commission 

is implementing this Final Rule as a 

result of a recent internal 

reorganization, which designated a 

Landowner Helpline function in the 

Commission’s Office of Administrative 

Law Judges and Dispute Resolution 

(OALJDR). 

I. Background 

2. The Commission’s Enforcement 

Hotline has been in existence since June 

1987. In April 1999, the Enforcement 

Hotline was codified under section 

1b.21 of the Commission’s regulations.2

In addition to providing information to 

the public, and informal, non-binding 

staff opinions, any person may seek the 

Enforcement Hotline’s assistance in the 

informal resolution of a dispute, 

provided that the dispute is not before 

the Commission in a docketed 

proceeding.3 The Enforcement Hotline 

is staffed by personnel from the Division 

of Investigations in the Office of 

Enforcement. 

3. On April 15, 2010, the Commission 

substituted the DRS, with its expertise 

in conflict resolution, for the 

Enforcement Hotline as the contact for 

landowners that have unresolved 

disputes with natural gas companies 

following use of the companies’ 

environmental complaint resolution 

procedure.4 The Commission also 

transferred the responsibility of disputerelated calls pertaining to the 

construction and operation of 

hydroelectric projects to DRS.5

4. The Commission’s regulations 

require that natural gas companies 

seeking automatic authorization for 

replacement facilities or blanket 

certificate authorization for a project 

under the Natural Gas Act (NGA) must 

provide all affected landowners with a 

description of the company’s 

environmental complaint resolution 

procedures, including company contact 

telephone numbers which landowners 

can use to identify and resolve 

environmental mitigation problems and 

concerns during construction of the 

project and restoration of the right-ofway.6 Companies must also provide 

affected landowners with the current 

telephone number and email address of 

the DRS and instruct them that if they 

are not satisfied with the company’s 

response to their complaints, they may 

contact the DRS.7

5. Going forward, the above-described 

DRS responsibilities will be handled by 

the new OALJDR Landowner Helpline. 

II. Discussion 

6. This Final Rule amends 18 CFR 

157.203(d)(1)(iii)(D) to substitute the 

Commission’s recently established 

Landowner Helpline for the DRS 

Helpline as the contact for members of 

the public that have unresolved 

disputes with pipeline companies 

following use of the pipeline 

companies’ environmental complaint 

resolution procedure.8 This Final Rule 

also removes and renumbers 18 CFR 

1b.21 (g) and (h) to create 18 CFR 1b.22 

(a) and (b), which substitutes the 

Commission’s recently established 

Landowner Helpline for the DRS 

Helpline as the contact for any person 

affected by either the construction or 

operation of natural gas facilities under 

the NGA or by the construction or 

operation of a project under the Federal 

Power Act (FPA), who may wish to seek 

the informal resolution of a dispute. 

This final rule makes this same 

substitution in 18 CFR 2.55(c)(1)(ii)(C) 

and 18 CFR 380.15(c)(1)(ii)(C). These 


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Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Rules and Regulations 5379 

9 5 CFR 1320.12 (2015). 

10Order No. 486, Regulations Implementing the 

National Environmental Policy Act of 1969, 52 FR 

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

Preambles 1986–1990 ¶ 30,783 (1987). 

11 18 CFR 380.4(a)(1) (2015). 

12 5 U.S.C. 601–612 (2012). 

changes reflect the allocation of a 

dedicated Commission resource to serve 

the public interest. 

III. Information Collection Statement 

7. Office of Management and Budget 

(OMB) regulations require OMB to 

approve certain information collection 

requirements imposed by agency rule.9

However, this instant Final Rule does 

not contain or modify any information 

collection requirements. 

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.10 Part 380 of the 

Commission’s regulations lists 

exemptions to the requirement to draft 

an Environmental Assessment or 

Environmental Impact Statement, and 

this rulemaking qualifies under the 

exemption for procedural, ministerial or 

internal administrative actions.11

V. Regulatory Flexibility Act 

9. The Regulatory Flexibility Act of 

1980 (RFA) 12 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities. This instant Final Rule 

concerns agency procedures. The 

Commission certifies that it will not 

have a significant economic impact 

upon participants in Commission 

proceedings. Therefore, an analysis 

under the RFA is thus not required. 

VI. Document Availability 

10. 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. 

11. 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. 

12. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from 

FERC Online Support at 202–502–6652 

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

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. Email the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

VII. Effective Date and Congressional 

Notification 

13. These regulations are effective as 

an instant Final Rule without a period 

for public comment. Under 5 U.S.C. 

533(b), notice and comment procedures 

are unnecessary where a rulemaking 

concerns only agency procedure or 

practice, or where the agency finds that 

notice and comment is unnecessary. 

This rule concerns only matters of 

agency procedure, and will not 

significantly affect regulated entities or 

the general public. The Commission has 

determined, with the concurrence of the 

Administrator of the Office of 

Information and Regulatory Affairs of 

OMB, that this rule is not a ‘‘major rule’’ 

as defined in section 351 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 

14. These regulations are effective 

March 3, 2016. 

List of Subjects 

18 CFR Part 1b 

Investigations. 

18 CFR Part 2 

Administrative practice and 

procedure, Electric utilities, Natural gas, 

Pipelines, Reporting and recordkeeping 

requirements. 

18 CFR Part 157 

Administrative practice and 

procedure, Natural gas, Reporting and 

recordkeeping requirements. 

18 CFR Part 380 

Environmental impact statements, 

Reporting and recordkeeping 

requirements. 

By the Commission. 

Issued: January 21, 2016. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

In consideration of the foregoing, the 

Commission amends Parts 1b, 2, 157, 

and 380, Chapter I, Title 18, Code of 

Federal Regulations, as follows. 

PART 1b—RULES RELATING TO 

INVESTIGATIONS 

■ 1. The authority citation for Part 1 

continues to read as follows: 

Authority: 15 U.S.C. 717–717z, 3301–3432; 

16 U.S.C. 792–828c, 2601–2645; 42 U.S.C. 

7101–7352; 49 U.S.C. 60502; 49 App. U.S.C. 

1–85 (1988); E.O. 12009, 3 CFR 1978 Comp., 

p. 142. 

§ 1b.21 [Amended] 

■ 2. Section 1b.21 is amended by 

removing paragraphs (g) and (h). 

■ 3. Section 1b.22 is added to read as 

follows: 

§ 1b.22 Landowner Helpline. 

(a) Any person affected by either the 

construction or operation of a 

certificated or authorized natural gas 

project under the Natural Gas Act or by 

the construction or operation of a 

project under the Federal Power Act 

may seek the informal resolution of a 

dispute by contacting the Commission’s 

Landowner Helpline. The Commission’s 

Landowner Helpline may be reached by 

calling toll-free at 1–877–337–2237, or 

by email at LandownerHelp@ferc.gov, or 

writing to: Commission’s Landowner 

Helpline, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426. 

(b) Any person who contacts the 

Landowner Helpline is not precluded 

from filing a formal action with the 

Commission if discussions assisted by 

the Landowner Helpline staff are 

unsuccessful at resolving the matter. A 

caller may terminate the use of 

alternative dispute resolution 

procedures at any time. 

PART 2—GENERAL POLICY AND 

INTERPRETATIONS 

■ 4. The authority citation for Part 2 

continues to read as follows: 

Authority: 5 U.S.C. 601; 15 U.S.C. 717– 

717z, 3301–3432; 16 U.S.C. 792–828c, 2601– 

2645; 42 U.S.C. 4321–4370h, 7101–7352. 

■ 5. Section 2.55(c)(1)(ii)(C) is revised to 

read as follows: 

§ 2.55 Auxiliary installations and 

replacement facilities. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) * * * 

(C) A description of the Commission’s 

Landowner Helpline, which an affected 

person may contact to seek an informal 

resolution of a dispute as explained in 

§ 1b.22(a) of this chapter and the 

Landowner Helpline number. 

* * * * * 


wgreen on DSK2VPTVN1PROD with RULES
5380 Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / Rules and Regulations 

PART 157—APPLICATIONS FOR 

CERTIFICATES OF PUBLIC 

CONVENIENCE AND NECESSITY AND 

FOR ORDERS PERMITTING AND 

APPROVING ABANDONMENT UNDER 

SECTION 7 OF THE NATURAL GAS 

ACT 

■ 6. The authority citation for Part 157 

continues to read as follows: 

Authority: 15 U.S.C. 717–717z. 

■ 7. Section 157.203(d)(1)(iii)(D) is 

revised to read as follows: 

§ 157.203 Blanket certification. 

* * * * * 

(d) * * * 

(1) * * * 

(iii) * * * 

(D) Instruct landowners that, if they 

are still not satisfied with the response, 

they may contact the Commission’s 

Landowner Helpline at the current 

telephone number and email address, 

which is to be provided in the 

notification. 

* * * * * 

PART 380—REGULATIONS 

IMPLEMENTING THE NATIONAL 

ENVIRONMENTAL POLICY ACT 

■ 8. The authority citation for Part 380 

continues to read as follows: 

Authority: 42 U.S.C. 4321–4370h, 7101– 

7352; E.O. 12009, 3 CFR 1978 Comp., p. 142. 

■ 9. Section 380.15(c)(1)(ii)(C) is 

amended to read as follows: 

§ 380.15 Siting and maintenance 

requirements. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) * * * 

(C) A description of the Commission’s 

Landowner Helpline, which an affected 

person may contact to seek an informal 

resolution of a dispute as explained in 

§ 1b.22(a) of this chapter and the 

Landowner Helpline number. 

* * * * * 

[FR Doc. 2016–01812 Filed 2–1–16; 8:45 am] 

BILLING CODE 6717–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 13–249; FCC 15–142] 

Revitalization of the AM Radio Service 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) 

approved on January 19, 2016, for a 

period for three years, an information 

collection for FCC Form 338, AM 

Station Modulation Dependent Carrier 

Level (MDCL) Notification Form and 47 

CFR 73.1560 contained in the Report 

and Order, FCC 15–142. This document 

is consistent with the Report and Order, 

which stated that the Commission 

would publish a document in the 

Federal Register announcing OMB 

approval and the effective date of the 

requirements. 

DATES: The amendment to 47 CFR 

73.1560 in the final rule published at 81 

FR 2751, January 19, 2016, is effective 

on March 3, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Cathy 

Williams, Cathy.Williams@fcc.gov, (202) 

418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on January 

19, 2016, OMB approved the 

information collection requirements for 

FCC Form 338, AM Station Modulation 

Dependent Carrier Level (MDCL) 

Notification Form and 47 CFR 73.1560, 

published at 81 FR2751 on January 19, 

2016. The OMB Control Number is 

3060–1194. The Commission publishes 

this document as an announcement of 

the effective date of the requirements. If 

you have any comments on the burden 

estimates listed below, or how the 

Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street SW., Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–1194, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to PRA@

fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on January 19, 

2016, for the information collection 

requirements contained in the 

information collection 3060–1194. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1194. The foregoing document is 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13, 

October 1, 1995, and 44 U.S.C. 3507. 

The total annual reporting burdens and 

costs for the respondents are as follows: 

OMB Control Number: 3060–1194. 

OMB Approval Date: January 19, 

2016. 

OMB Expiration Date: January 31, 

2019. 

Title: AM Station Modulation 

Dependent Carrier Level (MDCL) 

Notification Form; FCC Form 338. 

Form Number: FCC Form 338. 

Type of Review: New information 

collection. 

Respondents: Business or other forprofit entities; Not-for-profit 

institutions. 

Number of Respondents and 

Responses: 100 respondents and 100 

responses. 

Estimated Hours per Response: 1 

hour. 

Frequency of Response: On occasion 

reporting requirement. 

Total Annual Burden: 100 hours. 

Total Annual Costs: None. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in Sections 154(i), 303, 310 

and 533 of the Communications Act of 

1934, as amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality 

required with this collection of 

information. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: On October 31, 2013, 

the Commission released the Notice of 

Proposed Rule Making, Revitalization of 

the AM Radio Service (NPRM), FCC 13– 

139, MB Docket No. 13–249. In the 

NPRM, the Commission recognized that 

in September 2011, the Media Bureau 

(Bureau) had released an MDCL Public 

Notice, in which it stated that it would 

permit AM stations, by rule waiver or 

experimental authorization, to use 

transmitter control techniques that vary 

either the carrier power level or both the 

carrier and sideband power levels as a 

function of the modulation level. This 

allows AM licensees to reduce power 

consumption while maintaining audio 

quality and their licensed station 


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