[Federal Register: April 2, 2008 (Volume 73, Number 64)]
[Proposed Rules]
[Page 17939-17940]
[DOCID:fr02ap08-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2008-0103; FRL-8549-7]

Approval and Promulgation of Implementation Plans; State of
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve a State Implementation Plan (SIP)
revision to exempt initial fueling of motor vehicles at automobile
assembly plants in the St. Louis metropolitan area from the Missouri
Performance Evaluation Test Procedures (MO/PETP) approval test
requirements. MO/PETP requirements were initially implemented to
maintain the integrity of local air quality by regulating gasoline
fueling emissions. The Missouri Department of Natural Resources (MDNR)
provided an air quality analysis and it was determined that removal of
these test requirements for initial fueling at automobile assembly
plants will not adversely affect air quality in the St. Louis area. In
addition, certain portions of the rule were renumbered and reformatted.
This revision will ensure consistency between the state and the
federally-approved rules.

DATES: Comments on this proposed action must be received in writing by
May 2, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2008-0103, by mail to Amy Algoe-Eakin, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. Comments may also be submitted
electronically or through hand delivery/courier by following the
detailed instructions in the ADDRESSES section of the direct final rule
located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of the Federal
Register, EPA is approving the state's SIP revision as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial revision amendment and anticipates no relevant adverse
comments to this action. A detailed rationale for the approval is set
forth in the direct final rule. If no relevant adverse comments

are received in response to this action, no further activity is
contemplated in relation to this action. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed action. EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on part of this rule and if that part can be severed
from the remainder of the rule, EPA may adopt as final those parts of
the rule that are not the subject of an adverse comment. For additional
information, see the direct final rule which is located in the rules
section of this Federal Register.

    Dated: March 20, 2008.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. E8-6659 Filed 4-1-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13637-13638]
[FR Doc No: 2018-06357]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

[Docket No. FDA-2017-N-0002]

New Animal Drugs; Withdrawal of Approval of New Animal Drug
Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of withdrawal.

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SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of three new animal drug applications (NADAs). This action is being
taken at the sponsors' request because these products are no longer
manufactured or marketed.

DATES: Withdrawal of approval is effective April 9, 2018.

FOR FURTHER INFORMATION CONTACT: Sujaya Dessai, Center for Veterinary
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: During July and August 2017, the following
sponsors requested that FDA withdraw approval of the NADAs listed in
the following table because the products are no longer manufactured or
marketed:

----------------------------------------------------------------------------------------------------------------
              File No.                           Sponsor                    Product name          21 CFR section
----------------------------------------------------------------------------------------------------------------
047-055.............................  Watson Laboratories, Inc.,    Chorionic Gonadotropin              522.1081
                                       311 Bonnie Circle, Corona,    Powder for Injection.
                                       CA 92880.

104-606.............................  Watson Laboratories, Inc.,    Dexamethasone Sodium                 522.540
                                       311 Bonnie Circle, Corona,    Phosphate Injection.
                                       CA 92880.
139-633.............................  Wildlife Laboratories, Inc.,  WILDNIL (carfentanil                 522.300
                                       1230 W. Ash St., suite D,     citrate) Injection.
                                       Windsor, CO 80550.
----------------------------------------------------------------------------------------------------------------

    Therefore, under authority delegated to the Commissioner of Food
and Drugs, and in accordance with Sec.  514.116 Notice of withdrawal of
approval of application (21 CFR 514.116), notice is given that approval
of NADAs 047-055, 104-606, and 139-633, and all supplements and
amendments thereto, is hereby withdrawn, effective April 9, 2018.
    Elsewhere in this issue of the Federal Register, FDA is amending
the animal drug regulations to reflect the voluntary withdrawal of
approval of these applications.

    Dated: March 21, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-06357 Filed 3-29-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Page 44177]
[FR Doc No: 2014-17891]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0360]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; FDA Safety Communication Readership
Survey

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``FDA Safety Communication
Readership Survey'' has been approved by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA).

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On May 21, 2014, the Agency submitted a
proposed collection of information entitled ``FDA Safety Communication
Readership Survey'' to OMB for review and clearance under 44 U.S.C.
3507. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0341.
The approval expires on July 31, 2017. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: July 24, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-17891 Filed 7-29-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12214-12215]
[FR Doc No: 2011-4968]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

Motor Carrier Safety Advisory Committee Public Meeting

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Notice: Announcement of Motor Carrier Safety Advisory Committee
meeting; request for comment.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces that its Motor Carrier Safety Advisory Committee (MCSAC) will
hold a public meeting on March 31 and April 1, 2011, in Louisville,
Kentucky. Discussion will focus on Patterns of Safety Violations by
Motor Carrier Management (Committee Task 11-01), which was begun at the
December 2010 meeting. The meeting will be held as part of the Mid
America Trucking Show and will be open to the public for oral comment.

DATES: March 31, 2011, 8:30 a.m. to 4 p.m., ET. The last hour of the
day will be reserved for public comment.
    April 1, 2011, 10 a.m. to 2 p.m., ET. The public may comment
throughout the meeting.

ADDRESSES: Thursday, March 31, 2011: Galt House Hotel, 1400 N. Fourth
Street, Louisville, KY 40202. Willow Room, 3rd Floor, Rivue Tower.
Friday, April 1, 2001: Kentucky Exposition Center (KEC), 937 Phillips
Lane, Louisville, KY 40209. South Wing, Lobby B, Meeting Room C-101.
    You may submit written comments identified by Docket ID Number
FMCSA-2006-26367 by March 23, 2011, using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
online instructions for submitting comments.
    Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
    Hand Delivery or Courier: West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday
through Friday except Federal holidays.
    Fax:<PHONE_NUMBER>.
    Do not submit the same comment by more than one method. To allow
effective public participation before the comment period deadline,
FMCSA encourages use of the Web site listed above (Federal eRulemaking
Portal: http://www.regulations.gov).

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Adviser
to the Associate Administrator for Policy, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Motor Carrier Safety Advisory Committee

    Section 4144 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L.
109-59, 119 Stat. 1144, Aug. 10, 2005) required the Secretary of
Transportation to establish a Motor Carrier Safety Advisory Committee.
The Committee provides advice and recommendations to the FMCSA
Administrator on motor carrier safety programs and regulations and
operates in accordance with the Federal Advisory Committee Act (5
U.S.C. App. 2).

Patterns of Safety Violations Task (MCSAC Task 11-01)

    Section 4133 of SAFETEA-LU allows the Secretary to suspend, amend,
or revoke any part of a motor carrier's registration if the Secretary
finds that any individual, while serving as an officer of that motor
carrier, engages or has engaged in a pattern or practice of avoiding
compliance, or masking or otherwise concealing noncompliance, with the
Federal Motor Carrier Safety Regulations and/or Hazardous Materials
Regulations. Section 4133 defines an officer as ``an owner, director,
chief executive officer, chief financial officer, safety director,
vehicle maintenance supervisor, and driver supervisor of a motor
carrier, regardless of title attached to these functions, and any
person, however designated, exercising controlling influence over the
operations of a motor carrier.''
    Under MCSAC Task 11-01, FMCSA requests that the Committee identify
concepts and ideas the Agency should consider in developing standards
for Patterns of Safety Violations by Motor Carrier management to assist
the Agency with implementing the requirements of section 4113 of
SAFETEA-LU. In addition to providing suggestions on definitions and
standards of what

constitutes a pattern of safety violations, the Committee is encouraged
to offer suggestions to the Administrator regarding: (1) Which company
officials should be included under the definition of ``officer,'' and
(2) how to ensure that officers responsible for safety violations or
their concealment are subjected to appropriate penalties and sanctions
under the new system mandated by SAFETEA-LU. In developing its
recommendations, the MCSAC should consider principles of due process,
including whether additional enforcement and legal staff resources are
needed to address the volume of cases and appeals.
    The MCSAC began deliberations on these issues at its December 2010
meeting and will complete action on the Patterns of Safety Violations
task during the forthcoming meeting. Following the meeting, which may
include presentations by experts, the Committee anticipates completion
of a letter report to the Administrator.

    Issued on: February 28, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-4968 Filed 3-3-11; 8:45 am]
BILLING CODE 4910-EX-P


MEMORANDUM SUBJECT: Minutes of the Chloroneb Reregistration Meetings with Kincaid Inc.

FROM: Wilhelmena Livingston, Chemical Review Manager Special Review and Reregistration Division Office of Pesticide Program TO: OPP Public Docket for Chloroneb Docket # OPP 2004 0369 Introduction This document reflects the minutes from the meetings that EPA held with Kincaid Inc. during the reregistraton public process for the Chloroneb Reregistration Eligibility Decision ( RED).

Date of Meetings May 5, 2005 The Agency met with Kincaid Inc. to discuss the following topic:

° Chloroneb risk concern ( no safety finding: data inadequate for cancer assessment)

Conclusion The registrant informed the Agency that they will need to discuss this issue with their consultants and get back to the Agency with their position regarding the database inadequacy.

Attendees:

EPA Robert McNally Eric Olson Wilhelmena Livingston Bonnie Cropp Kohlligian William Dykstra RDavid Jones Registrant Brian Kincaid Sr. Brian Kincaid Jr. Ronald Kincaid Vince Piccirillo ( VJP)

July 14, 2005 The Agency met with the technical registrant for chloroneb, Kincaid Inc, its consultants, representatives from the end use registrants, and USDA to discuss the path forward for the Chloroneb RED.

The following topics were discussed:

° discrepancies in the RED documents ( LOQ of .2 should be .01/ the use of total radioactive residues instead of refined metabolites) ° EPA's use of 100% crop treated is not accurate ( actual use of percent if far lower) ° issues between Tripper vs. Picker cotton, and uses of cotton gin trash ( ginning by products) ° application of tolerance exemptions under the Threshold of Regulation Policy   deciding Whether a Pesticide with a Food Use Pattern Needs a Tolerance ° mitigation concerning turf label changes Conclusion At the close of the meeting, the technical registrant, Kincaid Inc. indicated the following:

° Kincaid Inc. will provide their comment to the preliminary risk assessments and supporting documents. ° Kincaid Inc. advised the Agency that they retained outside legal counsel to represent them in regards to the regulatory issues surrounding the reregistration of chloroneb. ° Kincaid Inc. indicated that they will provide the Agency with some options for the reregistration of chloroneb. Attendees:

EPA Eric Olson Wilhelmena Livingston Bonnie Cropp Kohlligian Matthew Crowley Thurston Morton RD Jones USDA Teung Chin Registrant Brian Kincaid Sr. Brian Kincaid Jr. Ronald Kincaid Vince Piccirillo ( Consultant)

Interested Stakeholders Andy Chang ( Wilbur Ellis) James Kunstman ( PBI/ Gordon Corp) Don O'Shaughnessy ( Agriliance)

September 1, 2005 The Agency met with Kincaid Inc. to discuss the following topics.:

° Memorandum of Agreement ( MOA) ( the registrants proposals for the reregistration of chloroneb) ° Outstanding Risk Issues ° Risk Mitigation Attendees:

EPA Angela Huskey ( OGC) Kevin Minoli ( OGC) Robert McNally Eric Olson Wilhelmena Livingston USDA Teung Chin Registrant and Representatives Brian Kincaid Sr. Brian Kincaid Jr. Ronald Kincaid Vince Piccirillo ( Consultant) Jim Rathvon ( Counsel)

Interested Stakeholders Dawn Walters ( Andersons Inc.) Andy Chin ( Wilbur Ellis) Dave Schulties Jim Kunstman ( PBI/ Gordon) Don O'Shaughessy ( Agriliance)

September 8, 2005 A teleconference call was held to discuss the following topic:

° mitigation options for the reregistration of chloroneb.

Conclusion The registrant will get back to the Agency regarding their position on the mitigation options.

Attendees:

EPA Robert Mcnally Eric Olson Wilhelmena Livingston Bonnie Cropp Kohlligian Matthew Crowley Angela Huskey ( OGC) Kevin Minoli ( OGC)

USDA Teung Chin Registrant/ Representatives Brian Kincaid Sr. Brian Kincaid Jr. Ronald Kincaid Vince Piccirillo ( Consultant) Jim Rathvon ( Counsel)

September 13, 2005 A teleconference call was held with Kincaid Inc. to discuss the following topics.:

° Amending the registrations for chloroneb products to incorporate additional conditions of registration ° Occupational and Residential Exposure Mitigation Conclusion The registrant will get back to the Agency regarding amending the terms and conditions of their registration.

Attendees:

EPA Angela Huskey ( OGC) Kevin Minoli ( OGC) Robert Mcnally Eric Olson Wilhelmena Livingston Bonnie Cropp Kohlligian Matthew Crowley USDA Teung Chin Registrant/ Representatives Brian Kincaid Sr. Brian Kincaid Jr. Ronald Kincaid Vince Piccirillo ( Consultant) Jim Rathvon ( Counsel)

September 20, 2005 A teleconference call was held with Kincaid Inc. to discuss the following topic.:

° Amending their current registration to reflect new terms and conditions regarding the data needs for chloroneb.

Attendees:

EPA Angela Huskey ( OGC) Kevin Minoli ( OGC) Robert Mcnally Eric Olson Wilhelmena Livingston Bonnie Cropp Kohlligian Matthew Crowley USDA Teung Chin Registrant/ Representatives Brian Kincaid Sr. Brian Kincaid Jr. Ronald Kincaid Vince Piccirillo ( Consultant) Jim Rathvon ( Counsel)

September 29, 2005 EPA held a closure call for the Chloroneb RED to discuss the Agency's risk management decisions and risk mitigation with interested stakeholders and registrants.

Attendees: EPA Wilhelmena Livingston Eric Olson USDA Teung Chin Registrant Brian Kincaid Sr. Brian Kincaid Jr. Ronald Kincaid Vince Piccirillo ( Consultant) Jim Rathvon ( Counsel)

Interested Stakeholder National Cotton Council Jim Kunstman ( PBI/ Gordon)


[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Rules and Regulations]
[Pages 43309-43310]
[FR Doc No: 2017-19594]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[EPA-HQ-OLEM-2016-0786; FRL-9967-47-OLEM]
RIN 2050-AG94

Amendment to Standards and Practices for All Appropriate
Inquiries Under CERCLA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: On June 20, 2017, the U.S. Environmental Protection Agency
(EPA or the agency) took direct final action to amend the All
Appropriate Inquiries Rule to reference ASTM International's E2247-16
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property'' and allow for its use to satisfy the statutory requirements
for conducting all appropriate inquiries under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA). The
direct final rule was scheduled to be effective on September 18, 2017,
unless EPA received adverse written comment. Because EPA received
adverse comment, we are withdrawing the direct final rule for the
Amendment to Standards and Practices for All Appropriate Inquiries
published on June 20, 2017.

DATES: The direct final rule published on June 20, 2017 at 82 FR 28009
is withdrawn effective September 15, 2017.

FOR FURTHER INFORMATION CONTACT: Patricia Overmeyer, Office of
Brownfields and Land Revitalization (5105T), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-
0002,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Because EPA received adverse comment, we are
withdrawing the direct final rule for the Amendment to Standards and
Practices for All Appropriate Inquiries published on June 20, 2017 (82
FR 28009). We stated in that direct final rule that if we received
adverse comment by July 20, 2017, the direct final rule would not take
effect and we would publish a timely withdrawal in the Federal
Register. We subsequently received adverse comment on that direct final
rule. We addressed the comments received in the final action, which is
published in the ``Final Rules'' section of this Federal Register. As
stated in the direct final rule and the parallel proposed rule, we will
not institute a second comment period on the parallel proposed rule
published on June 20, 2017 (82 FR 28040).

List of Subjects in 40 CFR Part 312

    Environmental protection, Administrative practice and procedure,
Hazardous substances, Intergovernmental relations, Reporting and
recordkeeping requirements, Superfund.

    Dated: August 31, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency
Management.

0
Accordingly, EPA withdraws the amendment to 40 CFR 312.11(a), published
in the Federal Register on June 20, 2017 (82 FR 28009), as of September
15, 2017.

[FR Doc. 2017-19594 Filed 9-14-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: April 2, 2008 (Volume 73, Number 64)]
[Notices]
[Page 17967]
[DOCID:fr02ap08-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

March 27, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP96-320-082.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Co, LP submits an amendment to a
negotiated rate letter agreement with Entergy New Orleans, Inc.
    Filed Date: 03/26/2008.
    Accession Number: 20080326-0271.
    Comment Date: 5 p.m. Eastern Time on Monday, April 07, 2008.

    Docket Numbers: RP99-176-158.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America, LLC submits
the Transportation and Storage Agreements with Wisconsin Electric Power
Co.
    Filed Date: 03/26/2008.
    Accession Number: 20080326-0269.
    Comment Date: 5 p.m. Eastern Time on Monday, April 07, 2008.

    Docket Numbers: RP08-280-000.
    Applicants: Northern Natural Gas Company.
    Description: Petition of Northern Natural Gas Company for a limited
waiver of tariff provisions.
    Filed Date: 03/25/2008.
    Accession Number: 20080327-0053.
    Comment Date: 5 p.m. Eastern Time on Monday, April 07, 2008.

    Docket Numbers: RP08-281-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Questar Overthrust Pipeline Company submits 1st Rev
Third Revised Sheet 6 et al. to FERC Gas Tariff, Second Revised Volume
1-A.
    Filed Date: 03/26/2008.
    Accession Number: 20080327-0054.
    Comment Date: 5 p.m. Eastern Time on Monday, April 07, 2008.

    Docket Numbers: RP08-282-000.
    Applicants: Colorado Interstate Gas Company.
    Description: Colorado Interstate Gas Company submits Original Sheet
323B et al. to FERC Gas Tariff, First Revised Volume 1, to be effective
April 28, 2008.
    Filed Date: 03/26/2008.
    Accession Number: 20080327-0055.
    Comment Date: 5 p.m. Eastern Time on Monday, April 07, 2008.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-6726 Filed 4-1-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15700-15702]
[FR Doc No: 2015-06694]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM15-5-000]

Revised Exhibit Submission Requirements for Commission Hearings

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission proposes to amend Rule 508 of the Commission's
Rules of Practice and Procedure to eliminate the requirement that
participants in Commission trial-type evidentiary hearings must provide
paper copies of all exhibits introduced as evidence. The Proposed Rule
will facilitate a shift toward electronic hearing procedures which
should improve the efficiency and administrative convenience of the
Commission hearing process, reduce the burden and expense associated
with paper exhibits, and facilitate the compilation and transmittal of
the hearing record to the Commission in electronic format.

DATES: Comments are due May 26, 2015.

ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
     Electronic Filing through http://www.ferc.gov. 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: Those unable to file electronically
may mail or hand-deliver 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: Karin Herzfeld, Office of the General
Counsel, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

                                                              Paragraph
                                                               numbers

I. Background..............................................           2.
II. Discussion.............................................           4.
III. Information Collection Statement......................           7.
IV. Environmental Analysis.................................           8.
V. Regulatory Flexibility Act..............................           9.
VI. Comment Procedures.....................................          11.
VII. Document Availability.................................          15.

    1. The Commission is proposing to amend Rule 508 of the
Commission's Rules of Practice and Procedure \1\ to eliminate the
requirement that participants in Commission trial-type evidentiary
hearings must provide paper copies of all exhibits introduced as
evidence. The Commission proposes to amend section 385.508 of the
Commission's regulations by removing paragraph (a)(2) and redesignating
paragraph (a)(3) as paragraph (a)(2). While still retaining the option
to provide exhibits in paper form, the proposed rule will facilitate a
shift toward electronic hearing procedures which should improve the
efficiency and administrative convenience of the Commission hearing
process, reduce the burden and expense associated with paper exhibits,
and facilitate the compilation and transmittal of the hearing record to
the Commission in electronic format.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.508.
---------------------------------------------------------------------------

I. Background

    2. The Federal government has set a goal to substitute electronic
means of communication and information storage for paper. For example,
the Government Paperwork Elimination Act directed agencies to provide
for the optional use and acceptance of electronic documents and
signatures, and electronic record-keeping, where practical.\2\
Similarly, the Office of Management and Budget (OMB) Circular A-130
required agencies to use electronic information collection techniques,
where such means will reduce the burden on the public, increase
efficiency, reduce costs, and help provide better service.
---------------------------------------------------------------------------

    \2\ 44 U.S.C. 3504.
---------------------------------------------------------------------------

    3. On September 21, 2000, the Commission issued Order No. 619,
which implemented the use of the Internet for submission of certain
documents to the Commission for filing.\3\ The eFiling system plays an
important role in the Commission's efforts to comply with the
Government Paperwork Elimination Act's requirement that agencies
provide the option to submit information electronically, when
practicable, as a substitute for paper.\4\ Filing via the Internet is
optional for eligible documents.\5\ Since issuing Order No. 619, the
Commission has greatly expanded its ability to accept electronically
filed material, including interventions, protests, rehearings,
complaints, and applications for certificates and licenses.\6\ In 2008,
the Commission further implemented a system for electronic tariff
filing.\7\ Consistent with these prior efforts to provide electronic
filing options, the Commission is proposing to eliminate the
requirement that all exhibits introduced at Commission hearings must be
provided in paper form.
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    \3\ Electronic Filing of Documents, Order No. 619, 65 FR 57088
(Sept. 21, 2000), FERC Stats. & Regs. ]31,107 (2000).
    \4\ 44 U.S.C. 3504.
    \5\ 18 CFR 385.2001(a).
    \6\ See Electronic Registration, Order No. 891, 67 FR 52,406
(Aug. 12, 2002), FERC Stats. & Regs. ] 31,132 (2002); Electronic
Filing of FERC Form 1, and Elimination of Certain Designated
Schedules in Form Nos. 1 and 1F, Order No. 626, 67 FR 36,093 (May
23, 2002), FERC Stats. & Regs. ] 31,130 (2002); Electronic Service
of Documents, 66 FR 50,591 (Oct. 4, 2001), FERC Stats. & Regs. ]
35,539 (2001); Revised Public Utility Filing Requirements, Order No.
2001, 67 FR 31,043 (May 8, 2002), FERC Stats. & Regs. ] 31,127
(2002); Filing Via the Internet, Order No. 703, 72 FR 65,659 (Nov.
23, 2007), FERC Stats. & Regs. ] 31,259 (2007).
    \7\ Electronic Tariff Filings, Order No. 714, FERC Stats. &
Regs. ] 31,276 (2008).
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II. Discussion

    4. Section 385.508 of the Commission's regulations currently
requires that ``[a]ny participant who seeks to have an exhibit admitted
into evidence must provide one copy of the

exhibit to the presiding officer and two copies to the reporter, not
later than the time that the exhibit is marked for identification.''
\8\ Under current practice, the court reporter assigns Exhibit Numbers
to the paper copies and provides the paper copies to the Commission's
Docket Branch to be scanned into the Commission's eLibrary system.
Copies of all exhibits and motions that are not pre-filed must also be
provided to all participants at the hearing.\9\
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    \8\ 18 CFR 385.508(2).
    \9\ 18 CFR 385.510(d).
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    5. The administrative law judges recently adopted a revised
practice for handling exhibits and creating the Exhibit List that
removes the need for providing paper copies at the hearing. Under this
policy, within seven days of the end of the hearing, participants must
file (via eFiling) a ``Joint Exhibit List'' and each sponsoring party
must file (via eFiling) the ``Official Copies'' of each exhibit that
was offered into evidence and admitted or rejected.\10\ Thus, it is no
longer necessary or efficient to require all participants to provide
the presiding judge and court reporter with paper copies of each
exhibit introduced at the hearing.
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    \10\ See Notice to the Public, Procedures for Handling Exhibits
and Developing the Electronic Hearing Record (issued December 12,
2014), http://www.ferc.gov/media/headlines/2014/2014-4/12-12-14-notice.pdf.
    All electronically-filed exhibits must comply with eFiling file
format requirements. See Filing Via the Internet, Order No. 703,
FERC Stats. & Regs. ] 31,259 at P 33.
    For exhibits that have not previously been provided to the
participants, such exhibits must still be provided to the
participants at the hearing. See 18 CFR 385.510(d).
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    6. The Commission therefore proposes to eliminate the requirement
that participants provide one paper copy of each exhibit to the
presiding officer and two paper copies to the court reporter.\11\ The
proposed rule represents a continuation of the Commission's efforts to
implement the goal of substituting electronic means of communication
and information storage for paper means. The proposed rule should save
resources because participants will no longer be required to make
multiple paper copies of all exhibits that they intend to submit into
evidence. The proposed rule also will facilitate the presiding judge's
compilation and transmittal of the hearing record to the Commission in
electronic format.
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    \11\ Most participants file pre-filed testimony and exhibits
electronically via the eFiling system before the hearing. The
presiding judge in each case will continue to determine how
participants exchange exhibits brought to the hearing. See 18 CFR
385.504(b)(1), (4).
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III. Information Collection Statement

    7. Certain collections of information are subject to review by the
Office of Management and Budget (OMB) under section 3507(d) of the
Paperwork Reduction Act of 1995 (PRA).\12\ OMB's regulations require
OMB to approve certain information collection requirements imposed by
agency rule.\13\ This Proposed Rule does not contain any information
collection requirements, as defined under section 3502(3) of the PRA,
and compliance with the OMB regulations is thus not required.
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    \12\ 44 U.S.C. 3507(d).
    \13\ 5 CFR 1320.12.
---------------------------------------------------------------------------

IV. Environmental Analysis

    8. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\14\ This
action has been categorically excluded under section 380.4(a)(2)(ii),
addressing procedural rules.\15\
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    \14\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
Preambles 1986-1990 ] 30,783 (1987).
    \15\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act

    9. The Regulatory Flexibility Act of 1980 (RFA) \16\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
This Notice of Proposed Rulemaking (NOPR) concerns procedural matters
and, if adopted, is expected to reduce the burden and expense
associated with paper exhibits and improve the efficiency and
administrative convenience of the Commission hearing process.
---------------------------------------------------------------------------

    \16\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

    10. Accordingly, the Commission certifies that this NOPR, if
adopted, will not have a significant economic impact on a substantial
number of small entities. An analysis under the RFA is not required.

VI. Comment Procedures

    11. 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 May 26, 2015. Comments must refer to
Docket No. RM15-5-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    12. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://www.ferc.gov. 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 a paper filing.
    13. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    14. 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. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    15. 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.
    16. 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.
    17. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (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>
    By direction of the Commission.

    Dated: March 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy 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

0
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. 792-828c, 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).

0
2. Section 385.508 is amended by revising paragraph (a) to read as
follows:

Sec.  385.508  Exhibits (Rule 508).

    (a) General rules. (1) Except as provided in paragraphs (b) through
(e) of this section, any material offered in evidence, other than oral
testimony, must be offered in the form of an exhibit.
    (2) The presiding officer will cause each exhibit offered by a
participant to be marked for identification.
* * * * *
[FR Doc. 2015-06694 Filed 3-24-15; 8:45 am]
 BILLING CODE 6717-01-P