[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Rules and Regulations]
[Pages 2503-2504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-954]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM04-3-000; Order No. 645]


Emergency Closures

Issued December 18, 2003.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is modifying its regulations governing 
computation of time to cover situations in which its offices are closed 
due to temporary emergency conditions such as severe weather. This 
change will prevent unintended Commission action and eliminate possible 
hardship by ensuring that filing deadlines and deadlines for action by 
the Commission do not expire during times when the Commission is unable 
to accept filings or issue orders.

EFFECTIVE DATE: The rule will become effective December 18, 2003.

FOR FURTHER INFORMATION CONTACT: Wilbur Miller, Federal Energy 
Regulatory Commission, 888 First Street, NW., Washington, DC 20426, 
(202) 502-8953.

SUPPLEMENTARY INFORMATION:

    Before Commissioners: Pat Wood, III, Chairman; Nora Mead 
Brownell, Joseph T. Kelliher, and Suedeen G. Kelly.

    1. This Final Rule revises the Commission's regulations to ensure 
that filing deadlines and deadlines for action by the Commission do not 
expire during periods in which the Commission is closed due to 
temporary emergency conditions, such as severe weather emergencies. The 
Commission's regulations currently provide that the last day of a time 
period is not counted if that day is a Saturday, Sunday, part-day 
holiday that affects the Commission, or legal public holiday. 18 CFR 
385.2007(a)(2) (2003) (Rule 2007). Thus, Rule 2007 would not have 
covered, for example, the Commission's temporary closure for two and 
one-half days in September 2003 due to the effects of Hurricane Isabel.
    2. This Final Rule adds a provision to Rule 2007 covering temporary 
closures due to weather or other adverse conditions. The absence of 
such a provision could result in unintended action by the Commission or 
otherwise cause hardship to participants in Commission proceedings who 
face filing deadlines. This would particularly be a problem in 
connection with statutory deadlines that the Commission cannot extend, 
such as the 30-day period for requesting rehearing of a Commission 
order.\1\ See 15 U.S.C. 717r(a) (Natural Gas Act); 16 U.S.C. 825l(a) 
(Federal Power Act). In addition, situations could arise in which the 
Commission is required to take action by a date certain but cannot do 
so because its offices are closed. For example, the Commission must act 
by a specified time on a rate proposal filed by a public utility, or an 
oil or natural gas pipeline, or the filing becomes effective by 
operation of law. See 16 U.S.C. 824d (Federal Power Act) (60 days); 15 
U.S.C. 717c (Natural Gas Act) (30 days); 49 App. U.S.C. 6(3) 
(Interstate Commerce Act) (30 days). It is therefore in the public 
interest to revise the Commission's rules to ensure that a day on which 
it is closed due to adverse conditions does not count as the last day 
of the time period for a deadline.
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    \1\ See, e.g., Tennessee Gas Pipeline Co., 95 FERC [para]61,169 
(Commission may not extend 30-day rehearing deadline, although it 
can provide rules for computing time as it has done in Rule 2007), 
aff'd sub nom. Londonderry Neighborhood Coalition v. FERC, 273 F.3d 
416 (1st Cir. 2001).
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    3. In view of the foregoing, the Commission is making one addition 
to Rule 2007. Currently, the last day of a time period is extended if 
it falls on a weekend, part-day holiday or legal public holiday. The 
addition will cover days on which the Commission is closed due to 
adverse conditions. It will apply to full-day closures and also part-
day closures as long as the Commission does not reopen prior to the 
official close of business.

[[Page 2504]]

Information Collection Statement

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

Environmental Analysis

    5. 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.\2\ 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.\3\ Part 380 of the Commission's regulations lists exemptions to 
the requirement that an Environmental Analysis or Environmental Impact 
Statement be done. Included is an exemption for procedural, ministerial 
or internal administrative actions. 18 CFR 380.4(1) and (5). This 
rulemaking is exempt under that provision.
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    \2\ Order No. 486, Regulations Implementing the National 
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs. Preambles 1986-1990 [para]30,783 (1987).
    \3\ 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).
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Regulatory Flexibility Act [Analysis or Certification]

    6. The Regulatory Flexibility Act of 1980 (RFA) \4\ 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 a matter of internal agency procedure and the 
Commission therefore certifies that it will not have such an impact. An 
analysis under the RFA is not required.
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    \4\ 5 U.S.C. 601-612.
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Document Availability

    7. 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.
    8. From FERC's Home Page on the Internet, this information is 
available in the Federal Energy Regulatory Records Information System 
(FERRIS). The full text of this document is available on FERRIS in PDF 
and Microsoft Word format for viewing, printing, and/or downloading. To 
access this document in FERRIS, type the docket number excluding the 
last three digits of this document in the docket number field.
    9. User assistance is available for FERRIS and the FERC's Web site 
during normal business hours from our Help line at (202)502-8222 or the 
Public Reference Room at (202) 502-8371 Press 0, TTY (202)502-8659. E-
Mail the Public Reference Room at [email protected].

Effective Date

    10. These regulations are effective immediately upon issuance. In 
accordance with 5 U.S.C. 553(d)(3), the Commission finds that good 
cause exists to make this Final Rule effective immediately. The rule is 
intended to act as a contingency measure in order to preserve, rather 
than alter, the rights of persons appearing before the Commission. 
Therefore, there is no reason to make it effective at a later date.
    11. The provisions of 5 U.S.C. 801 regarding Congressional review 
of Final Rules do not apply to this Final Rule, because the rule 
concerns agency procedure and practice and will not substantially 
affect the rights of non-agency parties.
    12. 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.

List of Subjects in 18 CFR Part 385

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

    By the Commission.

    ( S E A L )
Magalie R. Salas,
Secretary.

0
In consideration of the foregoing, the Commission amends part 385, 
Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 385--[AMENDED]

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. 791a-825r, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 
42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85.

0
2. Section 385.2007 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  385.2007  Time (Rule 2007).

    (a) * * *
    (2) The last day of any time period is included in the time period, 
unless it is a Saturday, Sunday, day on which the Commission closes due 
to adverse conditions and does not reopen prior to its official close 
of business, part-day holiday that affects the Commission, or legal 
public holiday as designated in section 6103 of title 5, U.S. Code, in 
which case the period does not end until the close of the Commission 
business of the next day which is not a Saturday, Sunday, day on which 
the Commission closes due to adverse conditions and does not reopen 
prior to its official close of business, part-day holiday that affects 
the Commission, or legal public holiday.
[FR Doc. 04-954 Filed 1-15-04; 8:45 am]
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