[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Proposed Rules]
[Page 42330-42335]
[DOCID:fr02au07-24]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM07-16-000]

Filing Via the Internet

July 23, 2007.

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission is proposing to amend its regulations to
implement the latest version of its eFiling system. The upgraded system
will permit most documents filed with the Commission to be submitted
via the Internet. This will include, among other things, large
documents such as maps and some confidential documents.

DATES: Comments are due October 1, 2007.

ADDRESSES: You may submit comments, identified by docket number by any
of the following methods:
     Agency Web Site: http://ferc.gov/docs-filing/efiling.asp.

Documents created electronically using word processing software should
be filed in native applications or print-to-PDF format and not in a
scanned format.
     Mail/Hand Delivery: Commenters unable to file comments
electronically must mail or hand deliver an original and 14 copies of
their comments to: Federal Energy Regulatory Commission, Secretary of
the Commission, 888 First Street, NE., Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT: Wilbur Miller, 888 First Street, NE.,
Washington, DC 20426, telephone:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Background

    1. On September 21, 2000, the Commission issued Order No. 619,
which implemented the use of the Internet for submission of documents
to the Commission for filing.\1\ Such submissions were limited to
categories of documents specified by the Secretary of the Commission,
with the intention of gradually expanding the range of eligible
documents.\2\ The eFiling system plays an important role in the
Commission's efforts to comply with the Government Paperwork
Elimination Act, which requires that agencies provide the option to
submit information electronically, when practicable, as a substitute
for paper.\3\ The Commission also has established a system of
electronic registration, or eRegistration, which is required for users
of its eFiling system and other specified activities.\4\ Filing via the
Internet is optional for eligible documents.\5\ The eFiling system now
is receiving approximately one third of all documents filed at the
Commission. The system is accessible through the Commission's Web site
at http://www.ferc.gov/docs-filing/efiling.asp.

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    \1\ Electronic Filing of Documents, Order No. 619, 65 FR 57088
(Sept. 21, 2000), FERC Stats. & Regs. ] 31,107 (2000).
    \2\ See Rule 2003(c) of the Commission's Rules of Practice and
Procedure, 18 CFR 385.2003(c).
    \3\ Pub. L. 105-277, Sec. 1702-1704 (1998); see OMB Circular A-
130 Para 8.a.1(k).
    \4\ 18 CFR 390.1 & 390.2.
    \5\ Rule 2001(a) of the Commission's Rules of Practice and
Procedure, 18 CFR 385.2001(a).
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    2. The Commission is proposing to implement, in late 2007, eFiling
7.0, which will significantly expand the capabilities of the system. As
part of this implementation, the Commission proposes to expand the
range of documents that may be filed via the Internet to include all
filings, with specified exceptions. Most notably, it will be possible
for regulated entities to make complex filings in their entireties in
electronic format.\6\ The Commission

also proposes to implement other changes and technical enhancements,
and is seeking comments on the advisability of these changes and the
best methods of implementing them.
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    \6\ The process for making tariff filings by the electric, gas,
and oil industries is being addressed in Electronic Tariff Filings,
Docket No. RM01-5-000. See Electronic Tariff Filings, Notice of
Proposed Rulemaking, 69 FR 43929 (July 23, 2004), FERC Stats. &
Regs. ] 32,575 (July 8, 2004); Notice of Additional Proposals and
Procedures, 70 FR 40941 (July 15, 2005), FERC Stats. & Regs. ]
35,551 (July 6, 2005). The Commission allows Open Access
Transmission Tariffs (OATTs) and revisions to be eFiled as described
at http://www.ferc.gov/help/filing-guide/file-OATT.asp.

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II. Discussion

A. Eligible Documents

    3. Under the Commission's regulations, only ``qualified documents''
may be filed via the Internet, and the Secretary is authorized to
specify which documents are qualified.\7\ A list of qualified documents
is published on the Commission's web site. Currently, there are over
forty categories of qualified documents.\8\ The Secretary also is
authorized to issue filing instructions.\9\
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    \7\ Rule 2003(c), 18 CFR 385.2003(c).
    \8\ See http://www.ferc.gov/docs-filing/efiling/docs-efiled.asp    \9\ Rule 2003(c)(1)(ii), 18 CFR 385.2003(c)(1)(ii); see http://.

.

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    4. To implement eFiling 7.0, the Commission proposes to revise its
regulations to permit users to submit via the Internet all documents
filed in Commission proceedings pursuant to Chapter I of Title 18 of
the Code of Federal Regulations, with specified exceptions. As before,
the Secretary will specify the documents that may be submitted to the
eFiling system, but now the Secretary would list exceptions rather than
eligible documents. The Secretary would continue to issue filing
instructions for allowable file formats, electronic document formats
and electronic filings having multiple components. However, where
specific regulations require that a filing include particular content,
those regulations will continue to apply. Similarly, where specific
regulations or other instructions contain requirements applicable to
electronic documents, such as allowable file formats,\10\ those
instructions also will continue to apply. The Commission invites
comment on the proposals described below and generally on which
documents should be accepted through the eFiling system.
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    \10\ E.g., http://www.ferc.gov/industries/electric/gen-info/qual-fac/completing.asp
 (Form 556 for Qualifying Facilities).

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    5. The Commission proposes to revise Rule 2003(c) of the its Rules
of Practice and Procedure \11\ to provide specifically that all
documents may be filed via the Internet unless excluded by the
Secretary. It is not necessary, however, to revise the regulations to
allow the Secretary to issue instructions regarding allowable file
formats and other aspects of eFiling, as that authority is already
included in Rule 2003(c)(2). Although they will not be the subject of
revisions to the regulations, this notice of proposed rulemaking seeks
comment on issues such as appropriate file formats and the filing of
paper copies of oversized documents. Matters such as file formats and
filing instructions would be contained in the instructions to be issued
by the Secretary rather than being covered by regulations.
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    \11\ 18 CFR 385.2003(c).
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    6. There are several types of filings that the Commission
anticipates will not be made initially through eFiling 7.0. Electronic
filing of tariffs, tariff revisions and rate change applications is the
subject of a separate rulemaking.\12\ Certain forms will not be
accepted through eFiling. For example, the following forms are
currently, and would continue to be, submitted through eForms: FERC
Form No.1, FERC Form No. 2, FERC Form No. 2-A, FERC Form No. 3-Q, FERC
Form No. 6, FERC Form No. 6-Q, Form 60, Form 714, and Electric
Quarterly Reports.\13\ Requests for extensions of time to file these
forms, however, would be submitted through eFiling.
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    \12\ See Electronic Tariff Filings, Docket No. RM01-5-000, FERC
Statutes and Regulations ] 35,551 (2005).
    \13\ FERC Form 1-F is currently not included in eForms, so it
could be efiled. The same is true with OATTs, as explained in
footnote 6.
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    7. Finally, the Commission proposes to begin accepting, through
eFiling, documents for which participants request confidential
treatment pursuant to the Commission's regulations,\14\ including
critical energy infrastructure information (CEII).\15\ Although the
Commission proposes to begin accepting confidential documents with the
eFiling 7.0 release, it does not propose to accept documents that are
subject to protective order. There likely will be separate file uploads
for Public, Confidential, and CEII files. Filers also will be able to
revise security designations--for example, move a file from
Confidential to Public. Filers will be able to load multiple files
under each security class or they may upload .zip files containing
numerous files if the files all have the same security class. The
Commission will create separate accession numbers for the files
uploaded under each security class and pass the files under each
accession number to eLibrary with the appropriate security designation.
This mirrors the current process for paper filings containing non-
public material.
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    \14\ 18 CFR 388.112.
    \15\ 18 CFR 388.113.
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    8. In some cases, the Commission will require paper copies of
filings although it will also be possible to submit the documents
through eFiling 7.0. This paper back-up will apply most notably to
oversized documents such as maps, diagrams and drawings. Due to the
size of standard monitors and other hardware and software limitations,
it is impractical at this time for Commission staff to review such
documents in electronic form. The Commission therefore anticipates that
it will continue to need paper copies of most documents that are larger
than 8.5 x 11 inches. As the Commission upgrades its resources, it
expects to be able to reduce or eliminate the requirement for paper
copies. The Commission also is considering whether to require paper
copies of long documents, such as those exceeding 500 pages. The
instructions posted by the Secretary will include directions specifying
whether, and how many, paper copies of electronically filed documents
are required. Appendix A contains examples of some documents that
participants will be able to file via the Internet, but for which the
Commission will also require paper copies.

B. File Formats

    9. The acceptance through eFiling 7.0 of documents that are not in
standard word processing formats will present some issues involving
file formats. As noted above, the Commission has issued instructions
regarding file formats for specific documents in some regulations. In
addition, staff has provided instructions in specific instances. Those
requirements will continue to apply. The Secretary will specify formats
in filing instructions that will apply in all other cases. The need for
specific formatting may arise in connection with oversized documents,
spreadsheets and other documents that contain data, to ensure that the
documents will be in formats that users can reasonably be expected to
find accessible.
    10. The Secretary has already issued instructions specifying
acceptable file formats for filings submitted on CD-ROM, DVD and other
electronic media. These can be found at http://www.ferc.gov/help/submission-guide/electronic-media/acceptable.asp.
 The Commission

anticipates that these instructions will be updated concurrent with
eFiling 7.0 and will apply to documents submitted through the eFiling
system via the Internet. The Commission is required to establish
standards for the creation, use, preservation, and disposition of

electronic records to retain them in a usable format until their
authorized disposition dates. The Commission therefore invites comment
on the current instructions, particularly on the question whether they
provide adequate accessibility and accuracy. Based on guidance from the
National Archives and Records Administration (NARA), the Commission is
considering accepting exclusively waveform audio (.wav) format files
for audio content and either audio-video interleave (.avi) or quicktime
(.mov) format files for video content except where specific regulations
contain requirements for other file formats. Also, the Commission
intends to enforce, to the extent it is technically able to do so, the
instructions issued with the eFiling 7.0 system rather than rely on
voluntary compliance. We also plan to continue to improve our technical
ability to enforce the instructions. For example, when the Commission
has a technical solution for reliably and rapidly detecting a password-
protected document, it will prevent the uploading of that document
through eFiling.
    11. In some instances, the Commission may issue more detailed
instructions requiring particular document formats in connection with
specific types of filings. For example, the Commission's regulations
set out required exhibits for applications under section 7 of the
Natural Gas Act,\16\ such as articles of incorporation and a statement
showing state authorization to do business,\17\ as well as various
types of data.\18\ The Commission anticipates that the Secretary will
issue instructions specifying required formats for many exhibits that
must be included in section 7 applications. For documents such as
Articles of Incorporation, it is likely that PDF versions would be
required. For documents containing data, the Secretary likely will
specify that they shall be filed in native spreadsheet application.\19\
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    \16\ 18 CFR 157.14.
    \17\ 18 CFR 157.14(1)-(2) (Exhibits A and B).
    \18\ E.g., 18 CFR 157.14(11) (Exhibit I--Market Data), (13)
(Exhibit K--Cost of Facilities).
    \19\ The Commission anticipates that spreadsheet files in native
application would be required for Exhibit K and the data portions of
Exhibits I, L, and N through P of Section 157.14.
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    12. Another formatting issue concerns the presentation of filed
documents in eLibrary. In the original conception of e-Library, the
Commission would convert filings in native application to PDF and to
Text.\20\ This is intended to make filings accessible to the public in
an open format without the need for purchasing proprietary software. As
eFiling has increased and more complex documents have been filed, the
conversion tools used by the Commission have not always been able to
produce accurate renditions of filed documents. The degree of
reliability decreases as the complexity of the electronic files
increases and the costs of staff intervention to ensure reliability are
prohibitive. For example, electronic spread sheets commonly contain
multiple worksheets, with each worksheet containing many potential
paper pages of data in many different formats. The conversion tools
however frequently convert only the first worksheet.
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    \20\ See Electronic Filing of the Application for Authorization
for the Issuance of Securities or the Assumption of Liabilities, 70
FR 35372 (June 20, 2005), FERC Stats. & Regs. Regulations Preambles
2001-2005 ] 31,188 at p. 6 (May 27, 2005); Electronic Filing of
Documents, 65 FR 57088 (September 21, 2000), FERC Stats. & Regs.
Regulations Preambles July 1996-December 2000 ] 31,107, at 31,820
(September 14, 2000).
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    13. The Commission therefore is considering whether to discontinue
creating PDF and Text versions of submitted documents and post only the
electronic files as filed with the Commission, although it intends to
continue providing PDF versions of its own issuances. We are requesting
comments on the effect this would have on public accessibility to the
files. Discontinuing the conversion to open formats could require users
to purchase proprietary software. There would also be some
inconvenience to participants in Commission proceedings when they are
citing to page numbers, as the vast majority of filers do not use
paragraph numbers. The Commission requests comments on this proposal.
    14. Should the Commission discontinue the practice of creating PDF
versions of submissions, it could implement several measures. It could
require that all word processing filings be made in open file formats,
such as text, html, rtf, or possibly PDF. Open source file types would
be the most easily accessible to all users. Alternatively, the
Commission could permit filings in open file formats as well as in
certain Microsoft Office formats. The Commission notes that Microsoft
provides a free viewer that can be downloaded and used to view these
files. Alternatively, the Commission could require that documents
created with proprietary software be filed in the proprietary software
along with an open source format to ensure that all viewers are able to
download and read that document. Such filings would duplicate the
current Commission practice of scanning all filings to create PDF
formats.
    15. Spreadsheets may be even more complicated because spreadsheet
conversions do not retain formulas and may be difficult for the public
to use. Thus, while spreadsheets need to be filed in native
application, the Commission could require the filer to provide a PDF or
open source file that could be used, at least, to obtain the numbers
presented in the spreadsheet. The Commission invites comment on these
alternatives, as well as on the possibility of discontinuing the
Commission's practice of creating PDF and Text versions.
    16. As a related issue, the Commission seeks input on whether the
Secretary should require that documents created electronically by the
filer using word processing software be filed in native applications or
print-to-PDF format and not in a scanned format. The Commission has
found that many ordinary text documents are being scanned and then
converted to PDF formats. This removes the advantages of the native
application, most notably the ability to search the text of the
document and to copy and paste. It is unclear what advantage is derived
from the submission of scanned PDF versions in such instances.\21\ The
Commission's regulations regarding signatures are intended to allow
participants to submit pleadings, sworn statements and the like without
the need for physical signatures or notarization,\22\ which in turn
should eliminate the need for scanned versions to ensure authenticity.
The Commission understands that, in some situations, a scanned, non-
searchable document is the only reasonable alternative. For instance, a
filer may possess an exhibit only in hard copy and therefore cannot
submit it in text-searchable form. The Commission would allow for such
situations.
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    \21\ Many courts prohibit or discourage the filing of scanned
PDF documents. E.g., http://www.txs.uscourts.gov/attorneys/cmecf/dcfaq.htm; http://www.utd.uscourts.gov/documents/

ents/

adminprocedures.htm.
    \22\ See Rule 2005(b)(3) of the Commission's Rules of Practice
and Procedure, 18 CFR 385.2005(b)(3) (permitting declaration under
oath pursuant to 28 U.S.C. 1746); Rule 2005(c) of the Commission's
Rules of Practice and Procedure, 18 CFR 385.2005(c) (in electronic
documents, typed characters suffice as signature).
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C. Documentless Intervention

    17. As part of eFiling 7.0, the Commission is proposing to permit
documentless intervention. This proposal will permit users to intervene
in Commission proceedings via the Internet through an online form or
web interface, without actually uploading a document to serve as the
motion or

notice.\23\ This change would not, however, affect in any way the issue
of whether a participant is entitled to intervene. The Commission does
not propose revising any regulation in connection with this proposed
change. Instructions relating to this proposal would be issued by the
Secretary.\24\ The Commission invites comment on the proposal as
described below.
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    \23\ See Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214.
    \24\ 24 See Rule 2003 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.2003 (Secretary's authority for issuing
instructions for filings made via the Internet).
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    18. The current online system allows the entry of only the docket
number, the party or parties, and at least one registered contact for
each party. If a person who has not eRegistered attempts to file a
motion/notice to intervene with the Commission online, the system will
prompt the user first to eRegister.\25\ Under the current system the
user must then attach a document that contains the basis for
intervention. The proposed change to online filing of interventions
will add a section for the user to enter the basis for intervention
directly into the system without attaching a separate document.\26\ The
system would allow users to submit online only motions/notices of
intervention and would require that users file protests, substantive
comments and other matters besides the intervention as separate
documents using the existing eFiling process.
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    \25\ Rule 2010 requires persons eligible to receive service
under that rule to eRegister pursuant to 18 C.F.R. 390.1. A person
may eRegister through the FERC Online page at http://www.ferc.gov/docs-filing/ferconline.asp
.

    \26\ See 18 CFR 385.214(3)(b), setting forth the acceptable
bases for intervention.
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    19. As a part of the proposed change regarding interventions, the
Commission will issue a confirmation via electronic mail for receipt of
each motion/notice of intervention that it receives online. This
confirmation will identify the information submitted by the filer,
including the filing date and time. The Commission will also create a
placeholder document in eLibrary that will specify the date and time
the filing was submitted, the docket number, the name of the applicant
in the docket, the name of the intervening party(ies), contact
information for the intervening party, and the basis for intervening.
Anyone eSubscribed to the docket will receive an eSubscription e-mail
with a link to the ``document'' that the Commission created and added
to eLibrary on behalf of the submitter. This placeholder document will
also be stamped with the Commission's standard watermark. The
intervening party(ies), as identified, will be added to the service
list for the specified docket. Where intervention is late or is opposed
on other grounds, the party(ies) attempting to intervene would be
removed from the service list if and when intervention was denied.

D. Quick Comment

    20. As part of eFiling 7.0, the Commission is proposing to create a
``quick comment'' feature that will operate in a manner similar to
documentless intervention by allowing users to submit comments without
uploading documents. The Commission believes that this feature will be
particularly helpful to individuals who do not participate routinely in
Commission proceedings and wish to make brief comments in certain
proceedings, such as users impacted by a single project. To submit a
documentless, or quick, comment the user will first fill out a form
with name and e-mail address, and send this information to FERC. If the
e-mail address provided is valid, an e-mail will be sent to the user,
which will include a link to the quick comment form. The form will be
pre-filled with the contact information captured during the prior step.
The user will be required to input a docket number for the proceeding
to which the comment will apply. At this time, the Commission
anticipates that the quick comment feature will be available only for P
(Hydropower Project), PF (Pre-Filing NEPA activities for proposed gas
pipelines), and CP (Certificates for Interstate Natural Gas Pipelines)
proceedings. After the user has identified the docket(s), he or she
would enter a comment in the text box by typing or copying and pasting.
Once the information is submitted to the Commission, a PDF document
will be created and added to eLibrary, where it will be searchable in
the same manner as all other documents in the system. As with
documentless intervention, the Commission does not propose to revise
any regulation in connection with this proposed change. Instructions
relating to quick comment would be issued by the Secretary.\27\ The
Commission invites comments on this proposal.
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    \27\ See Rule 2003.
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E. Filing Deadlines for Documents Submitted Via the Internet

    21. In connection with the conversion to eFiling 7.0, the
Commission seeks comment on the advisability of extending hours for
filing online to allow Internet filers to make submissions until
midnight Eastern Standard or Daylight Savings Time. For example, a
document filed via the Internet would be considered received by the
Commission on the date of filing as long as the last byte of
information is received by midnight Eastern Standard or Daylight
Savings Time on that date.\28\ Currently, both Internet and paper
filings must be received by the close of business, i.e., 5 p.m., to be
considered to have been filed on that date. Otherwise, the document is
considered to have been filed on the next business day.\29\
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    \28\ See Rule 2003(c)(3).
    \29\ Rule 2001(a)(2) of the Commission's Rules of Practice and
Procedure, 18 CFR 385.2001(a)(2).
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    22. Paper filings must be received by close of business because
there must be staff available to stamp the date and time of receipt.
However, internet submissions have no such limitation because the
eFiling system records the date and time of the submission separately
from the actual file date. The Commission is interested in receiving
public comments on the effect of bifurcated filing deadlines.

F. Technical Conference

    23. Commission staff may conduct one or more technical conferences
to discuss issues relating to electronic file format and electronic
document standards. Any conference will be held prior to the deadline
for filing comments on this proposal and will be separately noticed.

III. Information Collection Statement

    24. Office of Management and Budget (OMB) regulations require OMB
to approve certain information collection requirements imposed by
agency rule.\30\ This Final Rule does not contain any information
collection requirements and compliance with the OMB regulations is thus
not required.
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    \30\ 5 CFR 1320.12
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IV. Environmental Analysis

    25. 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.\31\
Issuance of this Final Rule does not represent a major federal action
having a significant adverse effect on the quality of the human
environment under the Commission's regulations implementing the
National Environmental Policy Act. 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.\32\ This
rulemaking is exempt under that provision.
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    \31\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \32\ 18 CFR 380.4(1) and (5).
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V. Regulatory Flexibility Act Certification

    26. The Regulatory Flexibility Act of 1980 (RFA) \33\ 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 procedural matters and is expected to increase
the ease and convenience of filing. 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.
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    \33\ 5 U.S.C. 601-612.
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VI. Comment Procedures

    27. The Commission invites interested persons to submit 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 October 1, 2007. Comments must refer to
Docket No. RM07-16-000, and must include the commenter's name, the
organization he/she represents, if applicable, and his/her address in
the comments.
    28. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://ferc.gov/docs-filing/efiling.asp.
 The Commission accepts most standard word

processing formats. Documents created electronically using word
processing software should be filed in native applications or print-to-
PDF format and not in a scanned format. Commenters filing
electronically do not need to make paper filings. It is not necessary
to serve copies of rulemaking comments on other commenters.
    29. Commenters that are not able to file comments electronically
must send an original and 14 copies of their comments to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426.
    30. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below.

VII. Document Availability

    31. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's

Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    32. From FERC'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.
    33. User assistance is available for eLibrary and the FERC's
website during normal business hours from our Help line at (202) 502-
8222 or the Public Reference Room at<PHONE_NUMBER> Press 0, TTY (202)
502-8659. E-mail the Public Reference Room at
<EMAIL_ADDRESS>

List of Subjects in 18 CFR Part 385

    Administrative practice and procedure, Electric utilities,
Penalties, Pipelines, Reporting and recordkeeping requirements.

    By direction of the Commission.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission proposes to amend
part 385, Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 385--RULES OF PRACTICE AND PROCEDURE

    1. The authority citation for part 385 continues to read as
follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988).

    2. Section 385.2001 is amended by revising paragraph (a)(1)(iii) to
read as follows:

Sec.  385.2001  Filings (Rule 2001).

    (a) * * *
    (1) * * *
    (iii) By filing via the Internet pursuant to Rule 2003 through the
links provided at http://www.ferc.gov.

* * * * *
    3. Section 385.2003 is amended by revising paragraph (c) to read as
follows:

Sec.  385.2003  Specifications (Rule 2003).

* * * * *
    (c) Filing via the Internet. (1) All documents filed under this
Chapter may be filed via the Internet except those listed by the
Secretary. Except as otherwise specifically provided in this Chapter,
filing via the Internet is in lieu of other methods of filing. Internet
filings must be made in accordance with instructions issued by the
Secretary and made available online at http://www.ferc.gov. Provisions

of this chapter or directions from the Commission containing
requirements as to the content and format of specific types of filings
remain applicable.
    (2) The Secretary will make available on the Commission's web site
a list of document types that may not be filed via the Internet, as
well as instructions pertaining to allowable electronic file and
document formats, the filing of complex documents, whether paper copies
are required, and procedural guidelines.
    (3) For purposes of statutes or regulations governing timeliness, a
document filed via the Internet will be deemed to have been received by
the Commission at the time the last byte of the document is received by
the Commission.
* * * * *

    Note: The following appendix will not appear in the Code of
Federal Regulations.

APPENDIX A

    (Partial list of eFiling-eligible documents for which paper
copies may be required.)

Environmental and Electric Transmission Filings

     USGS 7.5 minute topographic maps.
     National Wetland Inventory maps.
     Alignment sheets.
     Aerial photographs.
     Major waterbody crossing plans and HDD (horizontal
directional drill) diagrams.
     Drawings/figures showing project boundaries,
footprints, building locations, etc.
     Drawings of valve and piping details at compressor
stations, meter stations and pipeline interconnections.

Liquefied Natural Gas (LNG)

     Engineering diagrams and plot plans.
     Process flow diagrams.
     Detailed piping and instrumentation diagrams (PSID's).
     Equipment/tank detailed drawings of LNG storage tanks
and process equipment.
     Hazard detection and control location diagrams/plot
plans.

Pipeline Engineering

     Flow diagrams required under Exhibits G and G-1 (18 CFR
157.14).

Storage

     Isopach, isobaric, structural, and stratigraphic maps.

     Well logs.

[FR Doc. E7-14724 Filed 8-1-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Proposed Rules]
[Pages 40614-40618]
[FR Doc No: 2020-14264]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0343]
RIN 1625-AA08

Special Local Regulation; Breton Bay, McIntosh Run, Leonardtown,
MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish special local
regulations for certain waters of Breton Bay and McIntosh Run. This
action is necessary to provide for the safety of life on these
navigable waters located at Leonardtown, MD, during a high-speed power
boat demonstration event on August 1, 2020, and August 2, 2020. This
proposed rulemaking would prohibit persons and vessels from being in
the regulated area unless authorized by the Captain of the Port
Maryland-National Capital Region or Coast Guard Patrol Commander. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before July 22, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0343 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland--National Capital Region; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Southern Maryland Boat Club of Leonardtown, MD, has notified
the Coast Guard that it will be conducting the Southern Maryland Boat
Club Bash on the Bay from 9 a.m. to 5 p.m. on August 1, 2020, and from
9 a.m. to 5 p.m. on August 2, 2020. The high-speed power boat event
consists of approximately 50 participating vintage and historic race
boats--including runabouts, v-bottoms, tunnel hulls, and hydroplanes--
12 to 21 feet in length. The boats will be participating in an
exhibition, operating in heats along a marked racetrack-type course 1
mile in length and 150 feet in width, located in Breton Bay and
McIntosh Run at Leonardtown, MD. The regatta is not a competition, but
rather a demonstration of the vintage race craft. Hazards from the
high-speed power boat demonstration event include participants
operating within and adjacent to designated navigation channels and
interfering with vessels intending to operate within those channels, as
well as operating within approaches to local public boat landings. The
Captain of the Port (COTP) Maryland--National Capital Region has
determined that potential hazards associated with the high-speed power
boat event would be a safety concern for anyone intending to operate
within certain waters of Breton Bay and McIntosh Run at Leonardtown,
MD, operating in or near the event area.
    The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
more typical 30 days for this notice of proposed rulemaking. The Coast
Guard believes a shortened comment period is necessary and reasonable
to ensure the Coast Guard has time to review and respond to any
significant comments submitted by the public in response to this NPRM
and has a final rule in effect in time for the scheduled event.
    The Coast Guard proposes this rulemaking under authority in 46
U.S.C. 70041, which authorizes the Coast Guard to establish and define
special local regulations.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish
special local regulations from 8 a.m. on August 1, 2020, through 6 p.m.
on August 2, 2020. The special local regulations would be enforced from
8 a.m. through 6 p.m. on August 1st and those same hours on August 2nd.
The regulated area would cover all navigable waters of Breton Bay and
McIntosh Run, immediately adjacent to Leonardtown, MD, shoreline, from
shoreline to shoreline, within an area bounded to the east by a line
drawn along latitude 38[deg]16'43'' N and bounded to the west by a line
drawn along longitude 076[deg]38'30'' W, located at Leonardtown, MD.
    This proposed rule provides additional information about areas
within the regulated area, and the restrictions that would apply to
mariners. These areas include a ``Race Area'', ``Buffer Area'',
``Milling Area'' and ``Spectator Area''. They lie within an area
bounded to the east by a line drawn along latitude 38[deg]16'43'' N and
bounded to the west by a line drawn along longitude 076[deg]38'30'' W,
located in Breton Bay and McIntosh Run, at Leonardtown, MD.
    The proposed duration of the special local regulations and size of
the regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after the high-speed power boat
event, scheduled from 9 a.m. until 5 p.m. on August 1, 2020, and August
2, 2020. The COTP and the Coast Guard Patrol Commander (PATCOM) would
have authority to forbid and control the movement of all vessels and
persons, including event participants, in the regulated area.
    Except for vessels already at berth, everyone other than Southern
Maryland Boat Club Leonardtown Regatta participants, including
spectators, would be required to get permission from the COTP or PATCOM
before entering the regulated area while the rule is being enforced.
Vessel operators could request permission to enter and transit through
the regulated area by contacting the PATCOM on VHF-FM channel 16.
Official Patrols are any vessel assigned or approved by the Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    If permission is granted by the COTP or PATCOM, a person or vessel
would be allowed to enter the regulated area or pass directly through
the regulated area as instructed. Vessels would be required to operate
at a safe speed that minimizes wake while within the regulated area.
Official patrol vessels would direct everyone other than participants
while within the regulated area. Spectators are only allowed inside the
regulated area if they remain within a designated spectator area. Only
participants and official patrols are allowed within the race area and
milling area.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on size, duration and
time of year of the regulated area, which would impact a small
designated area of Breton Bay and McIntosh Run for 20 total enforcement
hours. The Coast Guard would issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the status of the regulated area.
Moreover, the rule would allow vessels to seek permission to enter the
regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    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.
    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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 20 hours. Normally such
actions are categorically excluded from further review under paragraph
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T05-0343 to read as follows:

Sec.  100.T05-0343   Southern Maryland Boat Club Leonardtown Regatta,
Breton Bay, McIntosh Run, Leonardtown, MD.

    (a) Regulated areas. The regulations in this section apply to the
following areas:
    (1) Regulated area. All navigable waters of Breton Bay and McIntosh
Run, immediately adjacent to Leonardtown, MD shoreline, from shoreline
to shoreline, within an area bounded to the east by a line drawn along
latitude 38[deg]16'43'' N and bounded to the west by a line drawn along
longitude 076[deg]38'30'' W, located at Leonardtown, MD. The following
locations are within the regulated area:
    (i) Race Area. The area is bounded by a line commencing at position
latitude 38[deg]17'09.78'' N, longitude 076[deg]38'22.71'' W; thence
southeasterly to latitude 38[deg]16'58.62'' N, longitude
076[deg]37'50.91'' W; thence southwesterly to latitude
38[deg]16'51.89'' N, longitude 076[deg]37'55.82'' W; thence
northwesterly to latitude 38[deg]17'05.44'' N, longitude
076[deg]38'27.20'' W; thence northeasterly terminating at point of
origin.
    (ii) Buffer Area. The area surrounds the entire Race Area described
in the preceding paragraph of this section. The area is bounded by a
line commencing at the shoreline west of Leonardtown Wharf Park at
position latitude 38[deg]17'13.80'' N, longitude 076[deg]38'24.72'' W;
thence easterly to latitude 38[deg]16'58.61'' N, longitude
076[deg]37'44.29'' W; thence southerly to latitude 38[deg]16'46.35'' N,
longitude 076[deg]37'52.54'' W; thence westerly to latitude
38[deg]16'58.78'' N, longitude 076[deg]38'26.63'' W; thence northerly
to latitude 38[deg]17'07.50'' N, longitude 076[deg]38'30.00'' W; thence
northeasterly terminating at point of origin.
    (iii) Milling Area. The area is bounded by a line commencing at the
shoreline east of Leonardtown Wharf Park at position latitude
38[deg]17'10.07'' N, longitude 076[deg]38'14.87'' W; thence easterly
and southerly along the shoreline to latitude 38[deg]17'01.54'' N,
longitude 076[deg]37'52.24'' W; thence westerly terminating at point of
origin.
    (iv) Spectator Areas. Northeast Spectator Fleet Area. The area is
bounded by a line commencing at position latitude 38[deg]16'59.10'' N,
longitude 076[deg]37'45.60'' W, thence northeasterly to latitude
38[deg]17'01.76'' N, longitude 076[deg]37'43.71'' W, thence
southeasterly to latitude 38[deg]16'59.23'' N, longitude
076[deg]37'37.25'' W, thence southwesterly to latitude
38[deg]16'53.32'' N, longitude 076[deg]37'40.85'' W, thence
northwesterly to latitude 38[deg]16'55.48'' N, longitude
076[deg]37'46.39'' W, thence northeasterly to latitude
38[deg]16'58.61'' N, longitude 076[deg]37'44.29'' W, thence
northwesterly to point of origin.
    (v) Southeast Spectator Fleet Area. The area is bounded by a line
commencing at position latitude 38[deg]16'47.20'' N, longitude
076[deg]37'54.80'' W, thence southerly to latitude 38[deg]16'43.30'' N,
longitude 076[deg]37'55.20'' W, thence easterly to latitude
38[deg]16'43.20'' N, longitude 076[deg]37'47.80'' W, thence northerly
to latitude 38[deg]16'44.80'' N, longitude 076[deg]37'48.20'' W, thence
northwesterly to point of origin.
    (vi) South Spectator Fleet Area. The area is bounded by a line
commencing at position latitude 38[deg]16'55.36'' N, longitude
076[deg]38'17.26'' W, thence southeasterly to latitude
38[deg]16'50.39'' N, longitude 076[deg]38'03.69'' W, thence southerly
to latitude 38[deg]16'48.87'' N, longitude 076[deg]38'03.68'' W, thence
northwesterly to latitude 38[deg]16'53.82'' N, longitude
076[deg]38'17.28'' W, thence northerly to point of origin.
    (2) Coordinates. These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section--
    Buffer Area is a neutral area that surrounds the perimeter of the
Race Area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants and spectator vessels or nearby
transiting vessels. This area provides separation between a Race Area
and a specified Spectator Area or other vessels that are operating in
the vicinity of the regulated area established by the special local
regulations.
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Milling Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
milling area within the regulated area defined by this section. The
area is used before a demonstration start to warm up the boats engines.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the Southern Maryland Boat Club Leonardtown
Regatta or otherwise designated by the event sponsor as having a
function tied to the event.
    Race Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
high-speed power boat demonstration area within the regulated area
defined by this section.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols and is present
with the purpose of observing the event.
    Spectator Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this part.
    (c) Regulations. (1) Except for vessels already at berth, everyone
other than participants are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area described
in paragraph (a) of this section unless authorized by the COTP
Maryland-National Capital Region or PATCOM.
    (2) To seek permission to enter, contact the COTP Maryland-National
Capital Region at telephone number<PHONE_NUMBER> or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz) or the PATCOM on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz). Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
Maryland-National Capital Region or PATCOM.
    (3) Vessels are required to operate at a safe speed that minimizes
wake while within the regulated area in a manner that would not
endanger participants or any other craft. The COTP Maryland-National
Capital Region or PATCOM may terminate the event, or the operation of
any vessel participating in the marine event, at any time if deemed
necessary for the protection of life or property.
    (4) The race area and milling area are restricted to participants
and official patrols.
    (5) Spectators are only allowed inside the regulated area if they
remain within a designated spectator area.
    (6) The COTP Maryland-National Capital Region will provide notice
of the regulated area through advanced notice via Fifth Coast Guard
District Local Notice to Mariners, broadcast notice to

mariners, and on-scene designated representatives.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
    (e) Enforcement periods. This section will be enforced from 8 a.m.
to 6 p.m. on August 1, 2020, and, from 8 a.m. to 6 p.m. on August 2,
2020.

    Dated: June 25, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-14264 Filed 7-6-20; 8:45 am]
BILLING CODE 9110-04-P