[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4590-4592]
[FR Doc No: 2022-01733]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9303-01-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support (OMS), Environmental Protection
Agency (EPA).

ACTION: Notice of a modified system of records.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA) Office of
Mission Support (OMS) is giving notice that it proposes to modify a
system of records pursuant to the provisions of the Privacy Act of
1974. Fleet Access (FA) is being modified to add a routine use that is
related to Federal Automotive Statistical Tool (FAST) reporting and to
move Fleet Access infrastructure from an externally-hosted non-Federal
Risk and Authorization Management Program (FedRAMP) authorized cloud
service provider to EPA's National Computing Center (NCC).

DATES: Persons wishing to comment on this system of records notice must
do so by February 28, 2022. New routine uses for this modified system
of records will be effective February 28, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OMS-2020-0137, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for submitting comments.
    Email: [email protected]. Include the Docket ID number in the
subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OMS-
2020-0137. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Controlled Unclassified Information (CUI) or other information
for which disclosure is restricted by statute. Do not submit
information that you consider to be CUI or otherwise protected through
https://www.regulations.gov. The https://www.regulations.gov website is
an ``anonymous access'' system for the EPA, which means the EPA will
not know your identity or contact information. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment. If the EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. If you send an email comment directly to the EPA without going
through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about the EPA public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
OMS Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The Public Reading Room is normally open
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OMS Docket is (202) 566-
1752.

Temporary Hours During COVID-19

    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
about EPA Docket Center services and the current status, please visit
us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: General questions about the Fleet
Access system should be made in writing to James Cunningham, (202) 564-
7212, [email protected]; Jackie Brown,<PHONE_NUMBER>,
[email protected]; and Jonathan Barnes,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: EPA implemented Fleet Access (FA) in
response to General Services Administration (GSA) Bulletin FMR B-15,
which includes the requirement that each federal agency store and
maintain vehicle asset data collected in a Fleet Management Information
System (FMIS). FA stores vehicle-level data such as license plate,
vehicle identification number (VIN), make, model, acquisition value/
lease rates, and designations regarding alternative fuel, energy, and
sustainability mandates. FA is also used to produce the yearly FAST
Report. This end-of-year report is submitted to the federal agency that
maintains the Federal Automotive Statistical Tool (FAST). The FAST
Report summarizes each vehicle's annual data with respect to fuel,
mileage, maintenance, acquisition, and disposal.
    EPA is modifying FA to add a routine use that is related to FAST
reporting, and to move FA information technology

infrastructure from a vendor-hosted system to an EPA-hosted system
because the vendor for Fleet Access, AgileFleet, is not FedRAMP
certified. In addition, moving FA to an EPA-hosted system will ensure
that NIST-required security controls for a system categorized as low
are in place, operating as expected, and producing the desired results.
See National Institute of Standards and Technology (NIST) Special
Publication 800-53, ``Security and Privacy Controls for Information
Systems and Organizations,'' Revision 5. In addition, the vendor-hosted
infrastructure is not FedRAMP compliant.
    FA will continue to serve as a comprehensive standardized vehicle
reservation system used by agency staff needing to reserve and utilize
fleet vehicles for official agency business. FA will still require
system users to register personal business information to reserve
agency fleet assets. Other components of FA, including operational,
functional, and day-to-day management will not change except for
planned upgrades.

SYSTEM NAME AND NUMBER:
    Fleet Access, EPA-85.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    FA is managed by the Office of Mission Support, Office of
Administration, Environmental Protection Agency, 1301 Constitution Ave.
NW, Washington, DC 20460. Electronically stored information is hosted
at the EPA National Computer Center (NCC), 109 TW Alexander Drive,
Research Triangle Park, Durham, NC 27711.

SYSTEM MANAGER(S):
    James Cunningham, IT Project Manager, Office of Mission Support,
Office of Administration, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460, Mail code 3101M,
[email protected],<PHONE_NUMBER>.
    Jonathan Barnes, Fleet Project Manager, Office of Mission Support,
Office of Administration, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460, Mail code 3101M,
[email protected],<PHONE_NUMBER>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    40 U.S.C. 17502 and 17503--Federal Motor Vehicle Expenditure
Control; and General Services Administration (GSA) FMR B-15.

PURPOSE(S) OF THE SYSTEM:
    FA is a commercial off-the-shelf software solution installed on EPA
systems and operated by EPA personnel and contractors. EPA uses FA to
manage the Agency's fleet resources, and specifically to store and
maintain vehicle asset data collected in the Agency's Fleet Management
Information System (FMIS). The FA system serves two primary purposes:
First, to store vehicle level data such as license plate, VIN, make,
model, acquisition value/lease rates, designations regarding
alternative fuel, energy and sustainability mandates, all of which are
used to produce the FAST Report. This end-of-year report is submitted
jointly to the Department of Energy (DOE), the GSA, and the Idaho
National Lab (INL). The FAST Report summarizes each vehicle's annual
data with respect to fuel, mileage, maintenance, acquisition, and
disposal. Second, FA is used by EPA's Fleet program management,
regional and local staff, and support contractors as a standardized
vehicle reservation system to reserve and utilize fleet vehicles for
official agency business.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by this system include EPA
employees and EPA contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Personally Identifiable Information (PII) collected includes: Last
Name, First Name, Work Phone Number, Work Email Address, Driver's
License Expiration Date, and Profile Picture.

RECORD SOURCE CATEGORIES:
    FA is a data management system that allows authorized EPA employees
and contractors to store/maintain vehicle asset data and reserve agency
vehicles across various programs/regions. PII information is collected
directly from the user via an online registration form.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    The routine uses below are both related to and compatible with the
original purpose for which the information was collected. The following
general routine uses apply to this system (86FR 62527): A, B, C, D, E,
F, G, H, I, J, K, L, and M.
    The following additional routine use applies to this system:
    1. Per 40 CFR 102-34.335, information may be disclosed to the
federal agency that maintains the Federal Automotive Statistical Tool
(FAST) in connection with Federal Fleet Reporting. requirements and
other required reporting.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The information collected within FA is maintained and stored in a
database hosted by the EPA National Computer Center (NCC) located at
109 T.W. Alexander Drive, Research Triangle Park, NC 27711, per EPA
Records Schedule 0090--Administrative Support Databases and EPA Records
Schedule 1009--Motor Vehicles and Personal Property.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records for FA are retrievable by User ID and last name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    FA complies with EPA Records Schedule 0090--Administrative Support
Databases and EPA Records Schedule 1009--Motor Vehicles and Personal
Property. Personnel information is retained for as long as the user or
administrator determines necessary; generally, as long as the
individual is employed by EPA and requires vehicle reservation access.
If a person no longer needs to reserve a vehicle for agency business,
their user information is deleted permanently, in accordance with EPA
Records Schedule 1009. Vehicle data are stored for a minimum of 3
years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal sensitive data in FA are
commensurate with those required for an information system rated low
for confidentiality, integrity, and availability, as prescribed in NIST
Special Publication, 800-53, ``Security and Privacy Controls for
Information Systems and Organizations,'' Revision 5.
    1. Administrative Safeguards: Personnel are required to complete
annual agency Information Security and Privacy training. Personnel are
instructed to lock their computers when they leave their desks.
    2. Technical Safeguards: Access to FA is restricted to authorized
users via login by username and password. All application passwords are
encrypted in the database. User passwords cannot be seen by the
administrators. The application is web-based, and user sessions are
encrypted.
    3. Physical Safeguards: Equipment used for hosting FA is in a
secure facility. Access to the secure facility is logged and restricted
to employees displaying valid identification badges.

Power to the facility is insured by both battery backup and diesel
generator. Fire suppression systems are in place. The facility is
staffed 24 hours a day, seven days a week.

RECORD ACCESS PROCEDURES:
    All requests for access to personal records should cite the Privacy
Act of 1974 and reference the type of request being made (i.e.,
access). Requests must include: (1) The name and signature of the
individual making the request; (2) the name of the Privacy Act system
of records to which the request relates; (3) a statement whether a
personal inspection of the records or a copy of them by mail is
desired; and (4) proof of identity (e.g., driver's license, military
identification card, employee badge or identification card). Additional
identity verification procedures may be required, as warranted.
Requests must meet the requirements of EPA regulations that implement
the Privacy Act of 1974, at 40 CFR part 16. A full description of EPA's
Privacy Act procedures for requesting access to records is available at
40 CFR part 16.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must include: (1) The name and
signature of the individual making the request; (2) the name of the
Privacy Act system of records to which the request relates; (3) a
description of the information sought to be corrected or amended and
the specific reasons for the correction or amendment; and (4) proof of
identity A full description of EPA's Privacy Act procedures for the
correction or amendment of a record is included in EPA's Privacy Act
regulations at 40 CFR part 16.

NOTIFICATION PROCEDURES:
    Individuals who wish to be informed whether a Privacy Act system of
records maintained by EPA contains any record pertaining to them,
should make a written request to the EPA, Attn: Agency Privacy Officer,
MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, or by email
at: [email protected]. A full description of EPA's Privacy Act procedures
is included in EPA's Privacy Act regulations at 40 CFR part 16.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    86 FR 10955 (February 23, 2021).

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2022-01733 Filed 1-27-22; 8:45 am]
BILLING CODE 6560-50-P


                                  APPENDIX F
INFORMATION SOURCES CONTAINING DATA SUBSETS, BUT NOT COMPREHENSIVELY COMPARABLE ALTERNATIVES TO TRI DATA
           Appendix F: Information Sources Containing Data Subsets,
          But Not Comprehensively Comparable Alternatives to TRI Data
In this appendix, data elements available from several information sources are compared to those reported to TRI. The analysis is broken down by the specific types of data collected under TRI. While some sources may appear to be substitutes for TRI, they do not adequately address the entire scope of TRI, even in combination. For example, a given source may:
 Not include all toxic chemicals covered by TRI,
 Be compiled less frequently than TRI, and/or
 Not be as easily accessible (if at all) to the general public.

                    Table F-1: Relevant Information Sources
(TRI Included for Comparison)
                                  Description
                               Chemical Coverage
                          Industry/Facility Coverage
                              Reporting Frequency
                                 Public Access
TRI DATA
EPCRA §313 requires facilities to submit reports on releases (including disposal) of particular toxic chemicals exceeding a given threshold. The reports provide information on the quantity of chemical released into the environment and to which medium (air, land, water) the disposal took place, as well as information about waste management and the amount of chemicals stored on-site.

The current TRI toxic chemical list contains 595 individually-listed chemicals and 31 chemical categories (including four categories containing 68 specifically-listed chemicals).
NAICS codes corresponding to SIC codes 20-39, 10; 12; 4911, 4931, 4939; 4953; 5169; 5171; and 7389.

A facility need only report if it has 10 or more Full Time Equivalents (FTEs).
Annual.
EPA compiles the TRI data and makes them available through several data access tools, including TRI Explorer and Envirofacts. Other organizations also make the data available to the public through their own data access tools.
AIR EMISSIONS (SECTIONS 5.1 AND 5.2)
National Emissions Inventory (NEI)
NEI provides estimates of anthropogenic pollutant emissions from stationary sources, as well as area sources and mobile sources. These estimates, submitted to EPA by delegated authorities (state or county), electric utilities, and/or generated by EPA from various sources, differ in estimation methodology used.
8 CAPs and 187 HAPs.
No NAICS limitations.
Triennial.
CSV files can be downloaded from EPA's Web site.
Air Facility System (AFS)
AFS contains compliance and permit data for stationary sources of air pollution regulated by U.S. EPA, and state and local air pollution agencies.
N/A
No NAICS limitations.
Annual.
Can be accessed on a facility-by-facility basis through EPA data access tools, including Envirofacts or the Enforcement and Compliance History Online (ECHO).
State Air Emissions Inventories
Several states and regional agencies maintain their own air emissions inventories. However, the amount of data as well as the types of data elements collected vary widely from state to state.
Varies widely (e.g., the California Air Resources Board maintains its own list of about 400 toxic air pollutants).
Varies.
Varies.
Most of these data are submitted to NEI.  Some data are available on the Web on a state-by-state basis.
Title V Part 70 Operating Permits
Under the 1990 Clean Air Act Amendments, facilities designated as "major sources" and facilities otherwise subject to §112 and Title V must apply for a Title V Part 70 Operating Permit. As part of the application for a Title V permit, some facilities may have to report emissions of air toxics.
187 HAPs.
No NAICS limitations.
At the time of permit application, renewal, and modification -- permits are typically renewed every 5 years.
No central repository for the information.
DIRECT DISCHARGES TO WATER (SECTION 5.3)
Integrated Compliance Information System - National Pollutant Discharge Elimination System (ICIS-NPDES)
ICIS-NPDES is a national information management system that tracks implementation of the National Pollutant Discharge Elimination System (NPDES) program, authorized by the Clean Water Act. ICIS-NPDES tracks permit issuance, permit limits, self-monitoring data, compliance data and other data pertaining to facilities regulated under NPDES.
Contains monthly discharge monitoring data for selected water parameters/pollutants and flow rates for all CWA major and many minor sources.
No NAICS limitations.
Major permittees must submit Discharge Monitoring Reports (DMRs) monthly or quarterly; non-major permittees must submit at least annually.
Can be accessed on a facility-by-facility basis through EPA data access tools, including Envirofacts, and ECHO.
UNDERGROUND INJECTION AND LAND DISPOSAL ON-SITE (SECTIONS 5.4 AND 5.5)
RCRA Biennial Reports
Section 3002(a)(6) of the Resource Conservation and Recovery Act (RCRA)
requires EPA to develop a program for hazardous waste generators to report the
nature, quantities, and disposition of hazardous waste generated at least once every two years. In addition, section 3004(a)(2) of RCRA requires treatment, storage and disposal facilities (TSDFs) to submit a report on the wastes that they receive from off-site. The biennial Hazardous Waste Report (also known as the
"Biennial Report") was implemented in 1985 to comply with these requirements.
The Biennial Report form (8700-13A/B) must be submitted to the authorized state agency or the EPA Regional Office by March 1st of every even-numbered year.
The form includes information such as the facility's RCRA ID number, the name
and address of the facility, the quantity of hazardous waste sent to each TSDF in
the United States and the manner in which the waste was treated during the previous year.
Contains annual volumes of RCRA wastes and how they are managed (offsite in the case of Large Quantity Generator and on-site in the case of treatment storage and disposal Facilities, TSDFs). Each waste stream is characterized by all applicable waste codes but volumes of each are not broken out.
No NAICS limitations; however, certain waste categories are excluded (e.g., mining and agriculture).
Biennial.
Can be accessed on a facility-by-facility basis through EPA data access tools, including Envirofacts.  Text files can be downloaded from EPA's Web site.
DISCHARGES TO A POTW (SECTION 6.1)
RCRA Biennial Reports (BR)
Biennial Reports require some reporting of discharges to POTWs. See above for more details.
See above.
See above.
See above.
See above.
ICIS-NPDES
ICIS-NPDES allows for reporting of indirect discharges to water. See above for more details.
See above.
See above.
See above.
See above.
TRANSFERS TO OTHER OFF-SITE LOCATIONS (SECTION 6.2)
RCRA Biennial Reports (BR)
Biennial Reports contain hazardous waste data from large quantity generators and TSDFs. Biennial Reports also require reporting of off-site transfers on Form GM. Information includes the RCRA ID of the facility to which the waste was shipped, the processes used to treat, recycle, or dispose of the waste at the off-site facility, the off-site availability code, and the total quantity of waste shipped during the report year. The reports also provide data on the volume of hazardous waste shipped off-site for land disposal, a release end-point of relevance to TRI. See above for more details.
See above.
See above.
See above.
See above.
CHEMICAL STORAGE AND INVENTORY DATA (SECTION 4.1)
EPCRA §312 Tier I and II Reports
EPCRA §312 requires that states establish plans for local chemical emergency preparedness and that inventory information on hazardous chemicals be reported by facilities to state and local authorities.
Hazardous or extremely hazardous substances (essentially any substance that poses a health or physical hazard).
No NAICS exemptions for facilities that are covered under the reporting threshold requirements, but facilities not included under OSHA's Hazard Communication Standard (e.g., mines) do not have to file.
Annual.
On a facility-by-facility basis, by forwarding a written request.
Risk Management Plan (RMP)
Under the authority of section 112(r) of the Clean Air Act, the Chemical Accident Prevention Provisions require facilities that produce, handle, process, distribute, or store certain chemicals to prepare a Risk Management Plan (RMP) and submit the RMP to EPA. These plans include information about chemical amounts stored and processed at RMP facilities.
Certain flammable and toxic substances.
No NAICS limitations.
At least every five years, or within six months of an incident.
Restricted access: RMP information may be accessed via the Federal Reading Rooms.
Chemical Data Reporting (CDR)
Under TSCA Section 8(a), chemical manufacturers (including importers) are required to report manufacturing-related information to EPA for sites that manufactured (including imported) 25,000 pounds or more of a reportable chemical substance any one calendar year between submission periods. Industrial processing and use information and commercial and consumer use information must also be reported for these sites.
Varies.
Limited to manufacturers, including importers, of subject chemicals.
Certain manufacturers are exempt, including small manufacturers (sales <$40 million), those manufacturing a chemical for research and development, those manufacturing chemicals as impurities, and those submitting information under another TSCA Section 8a rule.
Every four years.
Data claimed as Confidential Business Information (CBI) are not available to the public. Non-CBI data downloads are available from EPA's CDR website.
POLLUTION PREVENTION DATA (SECTIONS 8.1-8.7; 8.10)
RCRA Biennial Reports (BR)
Biennial Reports contain pollution prevention information on hazardous waste from large quantity generators and TSDFs. Data are collected primarily by states, and are collated by EPA. See above for more details.
See above.
See above.
See above.
See above.
State Environmental Agency Databases
At least fourteen states implement mandatory pollution prevention programs.  Pollution prevention data collected under these programs varies by state, and may include both data similar to that collected by TRI (e.g., quantities of waste managed, source reduction activities, etc.) and details not found in TRI (e.g., pollution prevention plans, costs associated with waste management, etc.).
Varies.
Varies. May include TRI filers, facilities that use toxic chemicals, and generators of hazardous waste.
Varies.
There is no central source for state collected pollution prevention data. Accessibility varies by state.
EMERGENCY RELEASE DATA (SECTION 8.8)
National Response Center (NRC)
NRC collects real-time information about virtually all oil and chemical spills throughout the United States to identify spills for which to coordinate emergency response.
Oils and chemicals.
No source exemptions.
Real-time.
Historical information about spills can be retrieved through the NRC online query system:  www.nrc.uscg.mil/foia.html.
Risk Management Plan (RMP)
RMP contains a five-year accident history for each facility with details on releases of regulated substances from covered processes with 1) on-site deaths, injuries, or significant property damage; or 2) known off-site deaths, injuries, property damage, environmental damage, evacuations, or sheltering in place.  See above for more details.
See above.
See above.
See above.
See above.
STATE RIGHT-TO-KNOW PROGRAMS
Several states require expanded state TRI reporting to include industries or facilities not covered by TRI or to report information beyond that required by the federal TRI Program (e.g., Arizona, Massachusetts, and Wisconsin).
Varies. Often identical to TRI.
Varies. May include more industries than TRI.
Annual.
There is no central source for state collected data. Accessibility varies by state.


[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Rules and Regulations]
[Pages 1344-1346]
[FR Doc No: 2015-00184]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2014-1037]
RIN 1625-AA00

Safety Zone: Eastport Breakwater Terminal, Eastport, Maine

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters around the Eastport Breakwater Terminal in Eastport,
Maine. This safety zone is intended to restrict vessels from
approaching within 100 yards of the eastern face of the Eastport
Breakwater Terminal without authorization from the Captain of the Port
(COTP), Sector Northern New England. This action is necessary due to
the uncertainty regarding the breakwater's strength following a partial
collapse of the structure on December 4, 2014.

DATES: This rule is effective without actual notice from January 9,
2015 until January 30, 2017. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, December 12,
2014, until January 9, 2015.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2014-1037 and are available online
by going to http://www.regulations.gov, inserting USCG-2014-1037 in the
''Keyword'' box, and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT David Bourbeau at Sector Northern New
England; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C. United States Code
USCG United States Coast Guard
COTP Captain of the Port

A. Regulatory Information and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable and contrary to the public interest. Because of the
emergency nature of the incident that created the need for this safety
zone, there is insufficient time for the Coast Guard to seek public
comments. Publishing an NPRM and delaying the effective date of this
rule to await public comments would inhibit the Coast Guard's ability
to fulfill its statutory missions to protect ports, waterways, and the
maritime public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the reasons discussed above.
For the same reasons discussed in the preceding paragraph, the Coast
Guard finds that waiting 30 days to make this rule effective would be
impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones.
    On December 4, 2014, the southwest portion of the Eastport
Breakwater Terminal collapsed into the protected harbor shoreward of
the Breakwater in Eastport, Maine. The catastrophic collapse resulted
in several vessels being damaged or destroyed, and left the remaining
breakwater structure at risk of further collapse. This safety zone is
being established based on the analysis of an independent engineering
firm that determined the remaining portion of the breakwater does not
have the required lateral strength, nor is it designed to hold the
weight of the current forces thrust upon it. The remaining portion of
the breakwater could collapse without warning. The COTP has determined
that a safety zone is necessary to protect the public from the safety
hazards created by this emergency.

C. Discussion of Rule

    For the reasons discussed above, the COTP is establishing a
temporary safety zone in Eastport Harbor, ME. The safety zone will be
bound inside an area within 4 points along the breakwater at
44[deg]54'26'' N, 066[deg]59'00'' W, 44[deg]54'25'' N, 066[deg]58'54''
W, 44[deg]54'19'' N, 066[deg]58'55'' W, 44[deg]54'19'' N,
066[deg]59'01'' W. No vessel may enter, transit, moor, or anchor within
this safety zone during the period of enforcement unless authorized by
the COTP or designated representative.
    The COTP will cause public notifications to be made by all
appropriate means including but not limited to Broadcast Notice to
Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The safety zone will be
relatively short in duration and it covers only a small portion of the
navigable waterways. Furthermore, vessels may transit the navigable
waterway outside of the safety zone. Moreover, vessels desiring entry
into the safety zone may be authorized to do so by the COTP or
designated representative. Advanced public notifications will also be
made to the local maritime community by Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 persons.
    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 rule may affect the following entities, some of which
may be small entities: the owners and operators of vessels intending to
transit in the vicinity of the Eastport Breakwater. This temporary
safety zone will not have a significant economic impact on a
substantial number of small entities for all of the reasons discussed
in the Regulatory Planning and Review section above.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks From
Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969

(NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
establishment of a safety zone and thus, is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. Under figure 2-1, paragraph (34)(g), of the Instruction,
an environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination will be available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C., 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-1037 to read as follows:

Sec.  165.T01-1037  Safety Zone: Eastport Breakwater Terminal,
Eastport, Maine.

    (a) Location. The following area is a safety zone: All navigable
waters, from surface to bottom, within the following position(s)
44[deg]54'26'' N, 066[deg]59'00'' W, 44[deg]54'25'' N, 066[deg]58'54''
W, 44[deg]54'19'' N, 066[deg]58'55'' W, 44[deg]54'19'' N,
066[deg]59'01'' W, (NAD). Friar Roads, Eastport, Maine. All positions
are approximate.
    (b) Enforcement period. This rule will be enforced from 3:00 p.m.
on December 11, 2014 to 11:59 p.m. January 30, 2017.
    (c) Notification. Coast Guard Sector Northern New England will give
actual notice to mariners for the purpose of enforcement of this
temporary safety zone. Also, Sector Northern New England will notify
the public to the greatest extent possible of any period in which the
Coast Guard will suspend enforcement of this safety zone.
    (d) Regulations. (1) The general regulations contained in Sec.
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23,
entry into or movement within this zone is prohibited unless authorized
by the Captain of the Port or his designated representatives.
    (3) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port to act on his behalf. The designated representative
may be on board a Coast Guard vessel, or on board a federal, state, or
local agency vessel that is authorized to act in support of the Coast
Guard.
    (4) Upon being hailed by a U.S. Coast Guard vessel or his
designated representatives by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed.
    (5) Vessel operators desiring to enter or operate within this
safety zone shall contact the Captain of the Port or his designated
representatives via VHF channel 16 to obtain permission to do so.

    Dated: December 12, 2014.
B. S. Gilda,
Captain, U.S. Coast Guard, Captain of the Port, Northern New England.
[FR Doc. 2015-00184 Filed 1-8-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Rules and Regulations]
[Pages 13223-13225]
[FR Doc No: 2015-05689]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 375

[Docket No. RM15-15-000; Order No. 806]

Disruptive Conduct at Commission Open Meetings

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is amending the CFR regulations which specify
the roles available to the public at the Commission's open meetings.
This rule utilizes language from the Federal Communication Commission's
(FCC) open meeting regulation, and the Rural Telephone Bank's open
meeting regulation, to clarify that the term ``observe'' does not
include disruptive behavior. The rule also uses language from the FCC's
open meeting regulation to clarify that communications made or
presented by unscheduled presenters will not be considered by the
Commission. Finally, the rule uses language similar to the Consumer
Product Safety Commission's open meeting regulation, to clarify that
members of the public may use electronic audio and visual equipment to
record open meetings in a non-disruptive manner. The rule imposes no
new obligations on the public.

DATES: This rule will become effective April 13, 2015.

FOR FURTHER INFORMATION CONTACT:
Mark Hershfield, Office of the General Counsel, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Nathaniel Higgins, Office of the General Counsel, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Order No. 806
Final Rule

Table of Contents

                                                               Paragraph
                                                                numbers

I. Introduction.............................................          1.
II. Background..............................................          2.
III. Discussion.............................................          6.
IV. Information Collection Statement........................         10.
V. Environmental Analysis...................................         11.
VI. Regulatory Flexibility Act..............................         12.
VII. Document Availability..................................         13.
VIII. Effective Date........................................         16.

I. Introduction

    1. By this final rule, the Federal Energy Regulatory Commission
(Commission) is amending 18 CFR 375.203(b), which specifies the roles
available to the public at the Commission's open meetings. This rule
utilizes language from the Federal Communication Commission's (FCC)
open meeting regulation, 47 CFR 0.602, and the Rural Telephone Bank's
open meeting regulation, 7 CFR 1600.3, to clarify that the term
``observe'' does not include disruptive behavior. The rule also
utilizes language from the FCC's open meeting regulation to clarify
that communications made or presented by unscheduled presenters will
not be considered by the Commission. Finally, the rule uses language
similar to the Consumer Product Safety Commission's open meeting
regulation, 16 CFR 1013.4, to clarify that members of the public may
record open meetings in a non-disruptive manner. The rule imposes no
new obligations on the public.

II. Background

    2. The Commission has recently experienced multiple disruptions to
its open meetings from individual protesters. The disruptions have
consisted of members of the public making unscheduled statements,
standing up repeatedly, walking about the room, and displaying signs.
    3. The Commission's regulations outline the roles available to the
public at the Commission's open meetings. Specifically, 18 CFR
375.203(b) states that ``[m]embers of the public are invited to listen
and observe at open meetings.''
    4. Like the Commission, other Federal agencies limit the conduct of
the public at open meetings.\1\ Several other agencies have regulations
on open meetings that expressly address

disruptive conduct by members of the public and their removal for such
conduct.\2\ The language of the rules of the FCC, EEOC, and the Rural
Telephone Bank are particularly useful in clarifying the term
``observe'' as it appears in the Commission's regulations. The FCC,
EEOC, and the Rural Telephone Bank define ``observation'' as not
including disruptive conduct.\3\ Furthermore, the FCC's regulation
addresses documents that an unscheduled presenter might seek to deliver
at an open meeting, prohibiting their entry into the FCC's official
record.
---------------------------------------------------------------------------

    \1\ See, e.g., 12 CFR 311.2, 10 CFR 9.103, and 16 CFR 4.15
(Regulations of the Federal Deposit Insurance Corporation, Nuclear
Regulatory Commission, and Federal Trade Commission limiting the
participation of the public to observing open meetings).
    \2\ See, e.g., 47 CFR 0.602 (Federal Communication Commission
defines ``observation'' as to not include ``participation or
disruptive conduct by observers, and persons engaging in such
conduct will be removed from the meeting''); see also 7 CFR 1600.3
(The Rural Telephone Bank defines ``observation'' as to not include
``participation or disruptive conduct by observers, and persons
engaging in such conduct will be removed from the meeting''); see
also 29 CFR 1612.3 (The Equal Employment Opportunity Commission
defines ``public observation'' as to ``not include participation or
disruptive conduct by observers'' and ``any attempted participation
or disruptive conduct by observers shall be cause for removal of
persons so engaged at the discretion of the presiding member of the
agency); see also 17 CFR 200.410 (The Securities Exchange Commission
permits the exclusion of ``any person from attendance at any meeting
whenever necessary to preserve decorum, or where appropriate or
necessary for health or safety reasons'') and 45 CFR 702.52 (The
Commission on Civil Rights empowers the presiding Commissioner to
``exclude persons from a meeting'' and ``take all steps necessary to
preserve order and decorum'').
    \3\ See 47 CFR 0.602, 29 CFR 1612.3, and 7 CFR 1600.3,
respectively.
---------------------------------------------------------------------------

    5. Another related topic is possible disruption stemming from
observers' use of personal electronic recording devices at open
meetings. The applicable provision of the Commission's regulations, 18
CFR 375.203(b), allows members of the public to record open meetings in
a non-disruptive manner.\4\ Other agencies similarly permit the
recording of open meetings in a non-disruptive manner.\5\ The language
adopted by the Consumer Product Safety Commission, stating that ``[t]o
the extent their use does not interfere with the conduct of open
meetings, cameras and sound-recording equipment may be used at open
Commission meetings,'' is particularly succinct in making this point.
---------------------------------------------------------------------------

    \4\ 18 CFR 375.203(b)(2)(i)-(iv) .
    \5\ See, e.g., 16 CFR 1013.4 (The Consumer Product Safety
Commission provides that ``[t]o the extent their use does not
interfere with the conduct of open meetings, cameras and sound-
recording equipment may be used at open Commission meetings''); see
also 18 CFR 1301.43 (The Tennessee Valley Authority permits the
public to ``make reasonable use of electronic or other devices or
cameras to record deliberations or actions at meetings so long as
such use is not disruptive of the meetings'') and 39 CFR 3001.43
(The Postal Rate Commission regulation states that ``[m]embers of
the public may not participate in open meetings. They may record the
proceedings, provided they use battery-operated recording devices at
their seats. Cameras may be used by observers to photograph
proceedings, provided it is done from their seats and no flash or
lighting equipment is used. Persons may electronically record or
photograph a meeting, as long as such activity does not impede or
disturb the members of the Commission in the performance of their
duties, or members of the public attempting to observe, or to record
or photograph, the Commission meeting'').
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III. Discussion

    6. The Commission is concerned about the impact of public
disruptions on its ability to conduct open meetings. To ensure
compliance with the Government in the Sunshine Act,\6\ it is essential
that the Commission's open meetings focus on the items listed in the
posted agenda. Members of the public do not have a right to disrupt
open meetings or to raise extraneous issues.\7\
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    \6\ 29 CFR 2701.
    \7\ The First Amendment does not provide a right to disrupt a
Commission open meeting. Cf. White v. City of Norwalk, 900 F.2d
1421, 1424-1426 (9th Cir. 1990) (holding that a city ordinance
allowing removal of persons who disrupt, disturb, or otherwise
impede orderly conduct of council meetings is not overly broad and
not a violation of First Amendment rights); Smith-Caronia v. United
States, 714 A.2d 764, 765 (D.C. Cir. 1998) (upholding the
constitutionality of DC Code 9-112(b)(4), which prohibits disruptive
conduct within any of the Capitol Buildings). Moreover, agencies do
not violate the First Amendment when they ``confine their meetings
to specified subject matter.'' Madison School Dist. v. Wisconsin
Employment Relations Comm'n, 429 U.S. 167, 175 n.8 (1976).
---------------------------------------------------------------------------

    7. The Commission is issuing this Final Rule to clarify that the
term ``observe'' used in Sec.  375.203(b) of its regulation, has the
same meaning as the term ``observation'' in the regulations of the FCC
and the Rural Telephone Bank.\8\ Thus, this rule merely clarifies that
the term ``observe'' as used in Sec.  375.203(b) does not mean the
right to disrupt.\9\ The rule gives the Commission no new authority,
and it imposes no obligations on the public that do not currently
exist. The public already has an obligation to avoid disruptive conduct
at the Commission's open meetings.
---------------------------------------------------------------------------

    \8\ While the EEOC essentially interprets ``observation'' the
same way, the Commission is specifically utilizing the regulatory
language of the FCC and the Rural Telephone Bank.
    \9\ The Commission has a comparable rule in 18 CFR 385.2102(b),
which states that, ``[c]ontumacious conduct in a hearing before the
Commission or a presiding officer will be grounds for exclusion of
any person from such hearing and for summary suspension for the
duration of the hearing by the Commission or the presiding
officer.''
---------------------------------------------------------------------------

    8. The final rule also addresses the possibility that when
disruptive conduct involves the reading of unscheduled statements,
those statements could trigger potential violations of the Government
in the Sunshine Act notice provisions, the ex parte communications
provisions of the Administrative Procedure Act, and the Commission's ex
parte communications rule, 18 CFR 385.2201. Specifically, incorporating
language from Section 0.602(c) of the FCC's regulations into the
Commission's regulations clarifies that disruptive statements, oral or
written, will not be included in the record or considered by the
Commission.
    9. Finally, the Commission recognizes that its existing regulations
concerning recording open meetings are unduly complex and out of date.
The Commission is therefore amending its regulation to clarify that
seated members of the public, or seated observers, may use electronic
audio and visual recording equipment to record open meetings in a non-
disruptive manner. In this regard, the Commission is utilizing language
similar to that used by the Consumer Product Safety Commission.

IV. Information Collection Statement

    10. Office of Management and Budget (OMB) regulations require OMB
to approve certain information collection requirements imposed by
agency rule.\10\ However, this instant Final Rule does not contain any
information collection requirements. Therefore, compliance with OMB
regulations is not required.
---------------------------------------------------------------------------

    \10\ 5 CFR 1320.12.
---------------------------------------------------------------------------

V. Environmental Analysis

    11. 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.\11\
Issuance of this Final Rule does not represent a major federal action
having a significant adverse effect on the human environment under the
Commission's regulations implementing the National Environmental Policy
Act of 1969. Part 380 of the Commission's regulations lists exemptions
to the requirement to draft an Environmental Analysis or Environmental
Impact Statement. Included is an exemption for procedural, ministerial,
or internal administrative actions.\12\ This rulemaking is exempt under
that provision.
---------------------------------------------------------------------------

    \11\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987).
    \12\ 18 CFR 380.4(a)(1).
---------------------------------------------------------------------------

VI. Regulatory Flexibility Act

    12. 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. This Final
Rule concerns an interpretation of current Commission regulations and
practices. The Commission certifies that it will not have a significant
economic impact upon participants in Commission proceedings. An
analysis under the RFA is not required.
---------------------------------------------------------------------------

    \13\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

VII. Document Availability

    13. 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.
    14. 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.
    15. 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
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
VIII. Effective Date

    16. The Commission is issuing this rule as a Final Rule without a
period for public comment. Under 5 U.S.C. 553(b)(3)(A), notice and
comment procedures are unnecessary for ``interpretative rules, general
statements of policy, or rules of agency organization, procedure, or
practice. . . .'' This rule merely provides the public with guidance
concerning the existing regulation and reminds the general public of
the roles available to the public at the Commission's open meetings.
The rule will not significantly affect regulated entities or the
general public.
    17. These regulations are effective April 13, 2015.

List of Subjects in 18 CFR Part 375

    Open Meetings.

    Issued: March 9, 2015.

    By the Commission.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission amends Part 375,
Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 375--THE COMMISSION

0
1. The authority citation for Part 375 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352

0
2. Section 375.203 is amended by adding paragraphs (b)(1)(i) and (ii)
and revising paragraph (b)(2) to read as follows:

Sec.  375.203  Open meetings.

* * * * *
    (b) * * *
    (1) * * *
    (i) ``Observe'' does not include participation or disruptive
conduct, and persons engaging in such conduct will be removed from the
meeting.
    (ii) The right of the public to observe open meetings does not
alter those rules which relate to the filing of motions, pleadings, or
other documents. Unless such pleadings conform to the other procedural
requirements, pleadings based upon comments or discussions at open
meetings, as a general rule, will not become part of the official
record, will receive no consideration, and no further action by the
Commission will be taken thereon.
    (2) To the extent their use does not interfere with the conduct of
open meetings, electronic audio and visual recording equipment may be
used by a seated observer at an open meeting.
* * * * *
[FR Doc. 2015-05689 Filed 3-12-15; 8:45 am]
 BILLING CODE 6717-01-P