[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Rules and Regulations]
[Pages 12539-12540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5761]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
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  Federal Register / Vol. 69, No. 52 / Wednesday, March 17, 2004 / 
Rules and Regulations  

[[Page 12539]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 330 and 385

[Docket No. RM99-5-000; Order No. 639-B]


Regulations Under the Outer Continental Shelf Lands Act Governing 
the Movement of Natural Gas on Facilities on the Outer Continental 
Shelf

Issued March 8, 2004.
AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
removing certain regulations promulgated under the Outer Continental 
Shelf Lands Act following a judicial determination that the Commission 
lacked authority to issue the regulations.

EFFECTIVE DATE: The rule is effective March 17, 2004.

FOR FURTHER INFORMATION CONTACT: Gordon Wagner, Office of the General 
Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, (202) 502-8947.

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

Introduction

    1. The Federal Energy Regulatory Commission (Commission) is 
removing certain regulations promulgated under the Outer Continental 
Shelf Lands Act (OCSLA) \1\ following a judicial determination that the 
Commission lacked authority to issue the regulations.
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    \1\ 43 U.S.C. 1301-1356.
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Background and Discussion

    2. On April 10, 2000, the Commission issued a rule requiring all 
entities that move natural gas on or across the Outer Continental Shelf 
to report certain information regarding their affiliations, rates, and 
conditions of service.\2\ On January 11, 2002, the United States 
District Court for the District of Columbia determined that the 
Commission lacked authority under the OCSLA to promulgate such 
reporting requirements,\3\ a determination subsequently affirmed.\4\ In 
view of the courts' finding, the Commission is removing the reporting 
requirements set forth in part 330 of Subchapter O of its regulations.
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    \2\ Regulations Under the OCSLA Governing the Movement of 
Natural Gas on Facilities on the Outer Continental Shelf, Order No. 
639, 65 FR 20354 (Apr. 17, 2000), FERC Statutes and Regulations, 
Regulations Preambles July 1996-December 2000 ]31,097 (2000); Order 
on Reh'g, Order No. 639-A, 65 FR 47294 (Aug. 2, 2000), FERC Statutes 
and Regulations, Regulations Preambles July 1996-December 2000 
]31,103 (2000), Order Denying Clarification, 93 FERC ]61,274 (2000); 
Order Denying Clarification, 93 FERC ]61,274 (2000); Order on 
Request for Confidential Treatment, 96 FERC ]61,296 (2001); Order 
Clarifying Prior Order, 97 FERC ]61,040 (2001).
    \3\ Chevron U.S.A., Inc. v. FERC, 193 F. Supp. 2d 54 (D.DC 
2002).
    \4\ Williams Companies v. FERC, 345 F.3d 910 (DC Cir. 2003).
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Information Collection Statement

    3. There is no need for Office of Management and Budget (OMB) 
review \5\ under Section 3507(d) of the Paperwork Reduction Act of 
1995,\6\ since this final rule eliminates information collection and 
recordkeeping requirements. The removal of the OCSLA reporting 
requirements reduces the Commission's FERC-545 data collection burden 
by 1,760 hours and eliminates the $88,000 annual cost.
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    \5\ 5 CFR 1320.11.
    \6\ 44 U.S.C. 3507(d).
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Environmental Analysis

    4. 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.\7\ However, 
the Commission has categorically excluded certain actions from this 
requirement as not having a significant effect on the human 
environment.\8\ The removal of regulations here qualifies for such an 
exclusion.\9\ Therefore, no environmental analysis is necessary, and 
none has been done.
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    \7\ Order No. 486, Regulations Implementing the National 
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs. Preambles 1986-1990 ]30,783 (1987).
    \8\ 18 CFR 380.4(a)(2)(ii).
    \9\ 18 CFR 380.4.
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Regulatory Flexibility Act Certification

    5. The Regulatory Flexibility Act of 1980 (RFA) \10\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
The Commission is not required to make such analyses if a rule would 
not have such an effect.\11\ The Commission found that promulgation of 
the regulations at issue would not have a significant economic impact 
on small entities and certifies that the removal of these regulations 
will not have a significant economic impact on a substantial number of 
small entities. Accordingly, no regulatory flexibility analysis is 
required.
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    \10\ 5 U.S.C. 601-612.
    \11\ 5 U.S.C. 605(b).
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Document Availability

    6. 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.
    7. From FERC's Web site on the Internet, this information is 
available in the eLibrary (formerly FERRIS). 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 and follow other directions on 
the search page.
    8. User assistance is available for eLibrary and other aspects of 
FERC's Web site during normal business hours. For assistance, contact 
FERC Online Support at [email protected] or toll

[[Page 12540]]

free at (866) 208-3676, or for TTY, contact (202) 502-8659.

Effective Date

    9. The removal of the OCSLA reporting regulations is effective 
immediately, pursuant to 5 U.S.C. 533(b). The Commission is issuing 
this as a final rule without a period for public comment, because under 
5 U.S.C. 533(b), notice and comment procedures are unnecessary where a 
rulemaking concerns only agency procedure and practice or where the 
agency finds notice and comment unnecessary. The provisions of 5 U.S.C. 
801 regarding Congressional review of final rules do not apply to this 
final rule, because this rule concerns agency procedure and practice 
and will not substantially affect the rights of non-agency parties.\12\
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    \12\ See 5 U.S.C. 804(3)(B) (2002).
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List of Subjects

18 CFR Part 330

    Reporting and recordkeeping requirements.

18 CFR Part 385

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

    By the Commission.
Linda Mitry,
Acting Secretary.

0
In consideration of the foregoing, under the authority of U.S.C. 825h, 
the Commission amends 18 CFR Chapter I as follows:

SUBCHAPTER O--REGULATIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT 
(OCSLA)--[REMOVED]

0
1. Subchapter O, consisting of part 330, is removed and reserved.

PART 385--RULES OF PRACTICE AND PROCEDURE

0
2. 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-8225r, 2601-2645; 31 U.S.C. 3701, 9701; 42 U.S.C. 7101-
7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988).


0
3. In Sec.  385.2011, paragraph (b)(6) is removed.

[FR Doc. 04-5761 Filed 3-16-04; 8:45 am]
BILLING CODE 6717-01-P