[Federal Register Volume 69, Number 130 (Thursday, July 8, 2004)]
[Rules and Regulations]
[Pages 41190-41192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15453]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 388

[Docket No. RM04-11-000; Order No. 648]


Revised Fees for Record Requests

Issued June 28, 2004.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission is amending its 
regulations to provide for the posting of all fees for specialized 
handling in finding, duplicating, downloading and printing of records 
generally available to the public at no cost through the Internet. 
These fees are posted on the Commission's Web site and are updated as 
required. This revision will eliminate the requirements for section 
388.109(a)(4) through section 388.109(a)(6) of the regulations, which 
identify fees for the reproduction, printing and delivery of specific 
types of documents, information, media and related services. 
Eliminating specific fees from the regulations and identifying them on 
the Commission's Web site will enable the Commission to offer the 
availability of new and improved technology and methods of delivery as 
they become available rather than waiting for the regulation review and 
approval process to be completed.

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

FOR FURTHER INFORMATION CONTACT: Katherina Quijada-Cusack, Office of 
the Executive Director, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426, (202) 502-8748, [email protected]

SUPPLEMENTARY INFORMATION: 

    Before Commissioners: Pat Wood, III, Chairman; Nora Mead 
Brownell, Joseph T. Kelliher, and Suedeen G. Kelly. Revised Fees for 
Record Requests; Docket No. RM04-11-000, Order No. 648.

Final Rule

Issued June 28, 2004.

I. Introduction

    1. The Federal Energy Regulatory Commission is amending section 
388.109(a) of its regulations to provide for the posting of all fees 
for specialized handling in finding, duplicating, downloading and 
printing records that are generally available to the public at no cost 
through the Internet. These fees

[[Page 41191]]

are posted on the Commission's Web site.

II. Background

    2. The Commission makes public documents available for viewing, 
printing and downloading through the Internet.\1\ This is accomplished 
using a variety of electronic systems. Using the Internet for accessing 
documents available to the public provides improved functionality, 
reliability and timeliness to members of the public seeking information 
about Commission proceedings and other matters.\2\ The Commission also 
makes computer workstations available for use by the public in the 
Public Reference Room.
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    \1\ 18 CFR 388.106.
    \2\ See 67 FR 10910 (Mar. 11, 2002).
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    3. Documents available electronically are also available to the 
public in various other media. Since these documents are available to 
the public at no charge through the Internet, the Commission recovers 
costs incurred for producing the documents in the various other media 
formats. These charges are delineated on the Commission's Web site.

III. Discussion

    4. Those wishing to access Commission documents available to the 
public are increasingly using the Internet to gain access to this 
information. There has been a corresponding increase in the efforts 
expended by the Commission to make this information available through 
the Commission's Web site. Much of the historical data contained in the 
Commission's archives has been converted to electronic images on the 
Internet and new documents available to the public are being placed on 
the Internet as they are received. Although all of this information is 
available to the public at no cost, the Commission wants to ensure that 
it does not limit access to those who may want or need this information 
in an alternative format or media. Therefore, the Commission is making 
these documents and information available at cost in a variety of media 
and formats. A table of these costs is maintained on the Commission's 
Web site.

IV. Regulatory Flexibility Act Certification

    5. 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.\3\ The Commission is not required to make 
such an analysis if a rule would not have such an effect.
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    \3\ 5 U.S.C. 601-612.
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    6. The Commission does not believe that this rule would have such 
an impact on small entities. Charges for the specialized handling in 
finding, duplicating, downloading and printing of records generally 
available to the public at no cost through the Internet remain modest 
and the Commission considers it very unlikely that any person or entity 
would require such a large volume of documents for these charges to 
have a significant impact.

V. Environmental Statement

    7. 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 of 1969.\4\ 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.\5\ 
This rulemaking is exempt under those provisions.
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    \4\ Order No. 486, 52 FR 47897 (Dec. 17, 1987); FERC Stats. & 
Regs. [Regulations Preambles 1986-1990] ] 30,783 (Dec. 10, 1984) 
(codified at 18 CFR Part 380).
    \5\ 18 CFR 380.4(1) and (5).
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VI. Information Collection Statement

    8. The Office of Management and Budget's (OMB) regulations require 
that OMB approve certain information collection requirements imposed by 
agency rule.\6\ This Final Rule contains no information reporting 
requirements, and is not subject to OMB approval.
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    \6\ 5 CFR Part 1320.
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VII. Document Availability

    9. 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 Web site and in the Commission'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, 
(202) 502-8371. User assistance for the Commission's Web site is 
available during normal business hours from FERC Online Support at 
[email protected] or toll free at (866) 208-3676 or for TTY, 
contact (202) 502-8659.

VIII. Effective Date and Congressional Notification

    10. 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 this rule is to provide for the posting of all fees for 
the specialized handling in finding, duplicating, downloading and 
printing of records generally available to the public at no cost 
through the Internet. 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.
    11. 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.
    12. In addition, because this final rule concerns a matter of 
agency procedure and is not a substantive rule, the effective date 
provisions in 5 U.S.C. 553(d)(3) are not applicable, and this final 
rule therefore is effective immediately upon issuance.

List of Subjects in 18 CFR Part 388

    Confidential business information, Freedom of information.

    By the Commission.
Magalie R. Salas,
Secretary.


0
In consideration of the foregoing, the Commission amends part 388, 
chapter I, Title 18, of the Code of Federal Regulations as follows:

PART 388--INFORMATION AND REQUESTS

0
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.

0
2. In Sec.  388.109, revise paragraph (a)(1) and remove paragraphs 
(a)(4), (5), and (6).

[[Page 41192]]

Sec.  388.109  Fees for record requests.

    (a) Fees for records available through the Public Reference Room--
(1) General Rule. The fee for finding and duplicating records available 
in the Commission's Public Reference Room will vary depending on the 
size and complexity of the request. A person can obtain a copy of the 
schedule of fees in person or by mail from the Public Reference Room. 
This schedule is also available on the Commission's Web site. Copies of 
documents also may be made on self-service duplicating machines located 
in the Public Reference Room. In addition, copies of data extracted 
from the Commission's files through electronic media are available on a 
reimbursable basis, upon written request to the Public Reference Room.
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[FR Doc. 04-15453 Filed 7-7-04; 8:45 am]
BILLING CODE 6717-01-P