[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5055]


[[Page Unknown]]

[Federal Register: March 7, 1994]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 4

[Docket No. RM94-11-000]

 

Deletion of Definition

    Issued March 1, 1994.

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: In 1991, the Commission adopted regulations which included a 
subsection setting forth a definition of ``fishway.'' Section 1701 (b) 
of the Energy Policy Act of 1992 vacated that definition. The 
Commission, by this final rule, is implementing the mandate of Congress 
by deleting the subsection from its regulations.

EFFECTIVE DATE: The final rule is effective March 1, 1994.

FOR FURTHER INFORMATION CONTACT: Barry Smoler, Office of the General 
Counsel, Federal Energy Regulatory Commission, 825 N. Capitol Street, 
NE., Washington, DC 20426, (202) 208-1269.

SUPPLEMENTARY INFORMATION: In addition to publishing the full text of 
this document in the Federal Register, the Commission also provides all 
interested persons an opportunity to inspect or copy the contents of 
this documents during normal business hours in room 3104, 941 North 
Capitol Street, NE., Washington, DC 20426.
    The Commission Issuance Posting System (CIPS), an electronic 
bulletin board service, provides access to the texts of formal 
documents issued by the Commission. CIPS is available at no charge to 
the user and may be accessed using a personal computer with a modem by 
dialing (202) 208-1397. To access CIPS, set your communications 
software to use 300, 1200, or 2400 bps, full duplex, no parity, 8 data 
bits, and 1 stop bit. CIPS can also be accessed at 9600 bps by dialing 
(202) 208-1781. The full text of this rule will be available on CIPS 
for 30 days from the date of issuance. The complete text on diskette in 
Wordperfect format may also be purchased from the Commission's copy 
contractor, La Dorn Systems Corporation, located in room 3104, 941 
North Capitol Street, NE., Washington, DC 20426.

    Before Commissioners: Elizabeth Anne Moler, Chair; Vicky A. 
Bailey, James J. Hoecker, William L. Massey, and Donald F. Santa, 
Jr.

I. Introduction and Discussion

    In 1991, the Commission adopted Sec. 4.30(b)(9)(iii) of its 
regulations,1 setting forth a definition of ``fishway.'' Section 
1701(b) of the Energy Policy Act of 1992 vacated that definition.2 
Accordingly, the Commission, by this final rule, is implementing the 
mandate of Congress by deleting Sec. 4.30(b)(9)(iii) from its 
regulations.
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    \1\See Order No. 533, III FERC Stats. & Regs. 30,921 (1991), 56 
FR 23108 (May 20, 1991); Order No. 533-A, III FERC Stats. & Regs. 
30,932 (1991), 56 FR 61137 (Dec. 2, 1991). Commissioner (now Chair) 
Elizabeth Anne Moler dissented with respect to the definition of 
``fishway.'' See III FERC 30,921 at pp. 30,171-73 and 30,932 at 
pp. 30,372-73.
    \2\Public Law 102-486, 106 Stat. 2776-3133 (October 24, 1992). 
Section 1701(b), provides in pertinent part as follows:
    (b) Clarification of Authority Regarding Fishway.--The 
definition of the term ``fishway'' contained in 18 CFR 
4.30(b)(9)(iii), as in effect on the date of enactment of this Act, 
is vacated without prejudice to any definition or interpretation by 
rule of the term ``fishway'' by the Federal Energy Regulatory 
Commission for purposes of implementing section 18 of the Federal 
Power   Act * * * .
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II. Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980 (RFA)3 generally 
requires a description and analysis of final rules that will have a 
significant economic impact on a substantial number of small 
entities.4 Pursuant to section 605(b) of the RFA, the Commission 
hereby certifies that this rule will not have a significant economic 
impact on a substantial number of small entities.
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    \3\5 U.S.C. 601-602.
    \4\Section 601(c) of the RFA defines a ``small entity'' as a 
small business, a small not-for-profit enterprise, or a small 
governmental jurisdiction. A ``small business'' is defined by 
reference to section 3 of the Small Business Act as an enterprise 
which is ``independently owned and operated and which is not 
dominant in its field of operation.'' 15 U.S.C. 632(a).
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III. Environmental Statement

    Issuance of this rule does not represent a major federal action 
having a significant adverse effect on the human environment under the 
Commission regulations implementing the National Environmental Policy 
Act.5 This rule is clarifying and corrective and thus falls within 
the categorical exemptions provided in the Commission's regulations. 
Neither an environmental impact statement nor an environmental 
assessment is required.6
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    \5\See Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs. (Regulations Preambles 1986-1990) 30,783 (Dec. 10, 1987) 
(codified at 18 CFR part 380).
    \6\See 18 CFR 380.4(a)(2)(ii).
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IV. Information Collection Statement

    Office of Management and Budget (OMB) regulations require that OMB 
approve certain information collection requirements imposed by agency 
rule.7 This rule contains no information collection requirements 
and is not subject to OMB approval.
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    \7\5 CFR part 1320.
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V. Administrative Findings and Effective Date

    This final rule is purely ministerial in nature. It implements the 
mandate of section 1701(b) of the Energy Policy Act of 1992 by 
physically deleting from the Commission's regulations a paragraph 
thereof, Sec. 4.30(b)(9)(iii), that Congress explicitly vacated. Prior 
notice and comment under section 4 of the Administrative Procedure 
Act8 are therefore unnecessary. The Commission is taking this 
action at this time, and finds good cause to make this rule effective 
immediately upon issuance, because title 18 of the Code of Federal 
Regulations will next be reprinted based on the regulations in effect 
on April 1, 1994. This rule therefore is effective March 1, 1994.
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    \8\5 U.S.C. 553(b).
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List of Subjects in 18 CFR Part 4

    Electric power, Reporting and recordkeeping requirements.

    By the Commission.
Linwood A. Watson, Jr.,
Acting Secretary.

    In consideration of the foregoing, the Commission amends part 4 of 
chapter I, title 18, Code of Federal Regulations, as set forth below.

PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT 
COSTS

    1. The authority citation for part 4 is revised to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.


Sec. 4.30  [Amended]

    2. In Sec. 4.30, paragraph (b)(9)(iii) is removed.

[FR Doc. 94-5055 Filed 3-4-94; 8:45 am]
BILLING CODE 6717-01-P