[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Rules and Regulations]
[Pages 21994-21996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10808]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 388

[Docket No. RM02-8-000; Order No. 625]


Revised Fees for Record Requests; Final Rule

Issued April 26, 2002.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission is amending its 
regulations to increase the fee for hard copies of documents printed 
from the Federal Energy Regulatory Records Information System (FERRIS) 
from 15 to 20 cents per page. This change is necessary due to decreased 
volume and will enable the Commission to continue offering copying 
services to the public.

EFFECTIVE DATE: This final rule is effective immediately upon issuance.

FOR FURTHER INFORMATION CONTACT: Katherina Quijada-Cusack, Office of 
the Chief Information Officer, Federal Energy Regulatory Commission, 
888 First Street, NE., Washington, DC 20426, (202) 208-1748, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Federal Energy Regulatory Commission is amending Section 
388.109 of its regulations to increase the fee for hard copies of 
documents available through its Public Reference Room in electronic 
form from 15 to 20 cents per page.

II. Background

    The Commission makes public documents available for download 
through the Internet.\1\ Until recently, this has been done primarily 
through the Commission's Records and Information Management System 
(RIMS). The Commission now is in the process of replacing RIMS and 
other records systems with the Federal Energy Regulatory Records 
Information System (FERRIS). FERRIS will provide improved functionality 
and reliability to members of the public seeking information about 
Commission proceedings and other matters.\2\
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    \1\ 18 CFR 388.106.
    \2\ See 67 FR 10910 (Mar. 11, 2002).
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    Documents available electronically are also available to the public 
in hard copy. Currently, the Commission's regulations call for a charge 
of 15 cents per page for hard copies of documents that are available in 
electronic format.\3\

[[Page 21995]]

This rule will change the charge to 20 cents per page.
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    \3\ 18 CFR 388.109(a)(4)(i).
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III. Discussion

    Due to increased usage of the Internet by members of the public who 
wish to access public Commission documents, the Commission has seen a 
decreased demand for hard copies of electronically available documents. 
Because of the smaller volume, the Commission's Public Reference Room 
contractor, which was recently selected through a competed procurement 
as offering the best value among available firms, requires an increase 
in the copying charge for the service to continue to remain 
economically viable. Commission staff monitors printing statistics and 
has verified the contractor's need. The Commission does not believe the 
price increase will cause any hardship, particularly given the 
increasing reliance on electronic means for accessing documents. This 
final rule also deletes the reference to the Commission's Records and 
Information Management System (RIMS) and substitutes a reference to the 
new Federal Energy Regulatory Records Information System (FERRIS).

IV. Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act (``RFA'') requires agencies to 
prepare certain statements, descriptions, and analyses of proposed 
rules that will have a significant economic impact on a substantial 
number of small entities.\4\ The Commission is not required to make 
such an analysis if a rule would not have such an effect.
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    \4\ U.S.C. 601-612.
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    The Commission does not believe that this rule would have such an 
impact on small entities. Charges for hard copies of documents remain 
modest and the Commission considers it very unlikely that any person or 
entity would require such a large volume of documents for this increase 
to have a significant impact.

V. Environmental Statement

    Issuance of this Final Rule does not represent a major federal 
action having a significant adverse effect on the human environment 
under the Commission's regulations implementing the National 
Environmental Policy Act.\5\ Part 380 of the Commission's regulations 
lists a number of exemptions where an Environmental Analysis or 
Environmental Impact Statement will not be done. Included are 
exemptions for procedural, ministerial or internal administrative 
actions, and for information gathering, analysis and dissemination.\6\ 
This rulemaking is exempt under those provisions.
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    \5\ Order No. 486, 52 FR 47897 (Dec. 17, 1987); FERC Stats. & 
Regs. [Regulations Preambles 1986-1990] para. 30,783 (Dec. 10, 1984) 
(codified at 18 CFR part 380).
    \6\ 18 CFR 380.4(1) and (5).
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VI. Information Collection Statement

    The Office of Management and Budget's (``OMB's'') regulations 
require that OMB approve certain information collection requirements 
imposed by agency rule.\7\ This Final Rule contains no information 
reporting requirements, and is not subject to OMB approval.
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    \7\ 5 CFR part 1320.
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VII. Document Availability

    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 5:00 
p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 
20426.
    From FERC's Home Page on the Internet, this information is 
available in both the Federal Energy Regulatory Records Information 
System (FERRIS) and the Records and Information Management System 
(RIMS).

--FERRIS provides access to the texts of formal documents issued by the 
Commission since November 14, 1994.
--FERRIS can be accessed using the FERRIS link or the Energy 
Information Online icon. The full text of this document is available on 
FERRIS in ASCII and WordPerfect 8.0 format for viewing, printing, and/
or downloading.
--RIMS contains images of documents submitted to and issued by the 
Commission after November 16, 1981. Documents from November 1995 to the 
present can be viewed and printed from FERC's Home Page using the RIMS 
link or the Energy Information Online icon. Descriptions of documents 
back to November 16, 1981, are also available from RIMS-on-the-Web; 
requests for copies of these and other older documents should be 
submitted to the Public Reference Room.

    User assistance is available for RIMS, FERRIS, and the Website 
during normal business hours from our Help line at (202) 208-2222 (E-
Mail to [email protected]) or the Public Reference at (202) 208-1371 
(E-Mail to [email protected]).
    During normal business hours, documents can also be viewed and/or 
printed in FERC's Public Reference Room, where RIMS, FERRIS, and the 
FERC Website are available. User assistance is also available.

VIII. Effective Date and Congressional Notification

    This Final Rule will take effect immediately upon issuance. 
Pursuant to 5 U.S.C. 804(3)(A), agencies are not required to notify 
Congress of any Final Rule that is a rule of particular applicability, 
including a rule that approves or prescribes rates, services, corporate 
or financial structures, reorganizations, or accounting practices. The 
Commission finds that this Final Rule is covered by the exception. The 
only impact of the rule is to prescribe the rate that the Commission's 
Public Reference Room contractor can charge for hard copies of certain 
documents. It is therefore a rule of particular applicability 
prescribing a rate, and the provisions of 5 U.S.C. 801 regarding 
Congressional review of Final Rules do not apply.
    The Commission is issuing this as a final rule without a period for 
public comment. Under 5 U.S.C. 553(b), notice and comment procedures 
are unnecessary where a rulemaking concerns only agency procedure and 
practice, or where the agency finds that notice and comment is 
unnecessary. This rule concerns only matters of agency procedure and 
will not significantly affect regulated entities or the general public. 
Therefore, the Commission finds notice and comment procedures to be 
unnecessary.
    In addition, in accordance with 5 U.S.C. 553(d)(3), the Commission 
finds that good cause exists to make this Final Rule effective 
immediately upon issuance. The increase in copying charges is necessary 
to make it economically viable for the Commission's Public Reference 
Room to continue offering this service, and will have minimal impact 
upon the public.

List of Subjects in 18 CFR Part 388

    Confidential business information, Freedom of information.

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

    In consideration of the foregoing, the Commission amends Part 388, 
Chapter I, Title 18, of the Code of Federal Regulations as follows:

[[Page 21996]]

PART 388--INFORMATION AND REQUESTS

    1. The authority citation for part 388 continues to read as 
follows:

    Authority: 5 U.S.C. 301-305, 551, 552 (as amended), 553-557; 42 
U.S.C. 7101-7352.

    2. In Sec. 388.109, paragraph (a)(4)(i) is revised to read as 
follows:
* * * * *


Sec. 388.109  Fees for record requests.

    (a) * * *
    (4)(i) The public may purchase hard copies of documents available 
in electronic form from the Commission's Federal Energy Regulatory 
Records Information System (FERRIS) for 20 cents per page.

[FR Doc. 02-10808 Filed 5-1-02; 8:45 am]
BILLING CODE 6717-01-P