

[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Proposed Rules]               
[Page 42330-42335]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au07-24]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM07-16-000]

 
Filing Via the Internet

July 23, 2007.

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission is proposing to amend its regulations to 
implement the latest version of its eFiling system. The upgraded system 
will permit most documents filed with the Commission to be submitted 
via the Internet. This will include, among other things, large 
documents such as maps and some confidential documents.

DATES: Comments are due October 1, 2007.

ADDRESSES: You may submit comments, identified by docket number by any 
of the following methods:
     Agency Web Site: http://ferc.gov/docs-filing/efiling.asp. 

Documents created electronically using word processing software should 
be filed in native applications or print-to-PDF format and not in a 
scanned format.
     Mail/Hand Delivery: Commenters unable to file comments 
electronically must mail or hand deliver an original and 14 copies of 
their comments to: Federal Energy Regulatory Commission, Secretary of 
the Commission, 888 First Street, NE., Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT: Wilbur Miller, 888 First Street, NE., 
Washington, DC 20426, telephone: (202) 502-8953, e-mail: 
wtmiller@ferc.gov.


SUPPLEMENTARY INFORMATION:

I. Background

    1. On September 21, 2000, the Commission issued Order No. 619, 
which implemented the use of the Internet for submission of documents 
to the Commission for filing.\1\ Such submissions were limited to 
categories of documents specified by the Secretary of the Commission, 
with the intention of gradually expanding the range of eligible 
documents.\2\ The eFiling system plays an important role in the 
Commission's efforts to comply with the Government Paperwork 
Elimination Act, which requires that agencies provide the option to 
submit information electronically, when practicable, as a substitute 
for paper.\3\ The Commission also has established a system of 
electronic registration, or eRegistration, which is required for users 
of its eFiling system and other specified activities.\4\ Filing via the 
Internet is optional for eligible documents.\5\ The eFiling system now 
is receiving approximately one third of all documents filed at the 
Commission. The system is accessible through the Commission's Web site 
at http://www.ferc.gov/docs-filing/efiling.asp.

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    \1\ Electronic Filing of Documents, Order No. 619, 65 FR 57088 
(Sept. 21, 2000), FERC Stats. & Regs. ] 31,107 (2000).
    \2\ See Rule 2003(c) of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.2003(c).
    \3\ Pub. L. 105-277, Sec. 1702-1704 (1998); see OMB Circular A-
130 Para 8.a.1(k).
    \4\ 18 CFR 390.1 & 390.2.
    \5\ Rule 2001(a) of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.2001(a).
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    2. The Commission is proposing to implement, in late 2007, eFiling 
7.0, which will significantly expand the capabilities of the system. As 
part of this implementation, the Commission proposes to expand the 
range of documents that may be filed via the Internet to include all 
filings, with specified exceptions. Most notably, it will be possible 
for regulated entities to make complex filings in their entireties in 
electronic format.\6\ The Commission

[[Page 42331]]

also proposes to implement other changes and technical enhancements, 
and is seeking comments on the advisability of these changes and the 
best methods of implementing them.
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    \6\ The process for making tariff filings by the electric, gas, 
and oil industries is being addressed in Electronic Tariff Filings, 
Docket No. RM01-5-000. See Electronic Tariff Filings, Notice of 
Proposed Rulemaking, 69 FR 43929 (July 23, 2004), FERC Stats. & 
Regs. ] 32,575 (July 8, 2004); Notice of Additional Proposals and 
Procedures, 70 FR 40941 (July 15, 2005), FERC Stats. & Regs. ] 
35,551 (July 6, 2005). The Commission allows Open Access 
Transmission Tariffs (OATTs) and revisions to be eFiled as described 
at http://www.ferc.gov/help/filing-guide/file-OATT.asp.

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II. Discussion

A. Eligible Documents

    3. Under the Commission's regulations, only ``qualified documents'' 
may be filed via the Internet, and the Secretary is authorized to 
specify which documents are qualified.\7\ A list of qualified documents 
is published on the Commission's web site. Currently, there are over 
forty categories of qualified documents.\8\ The Secretary also is 
authorized to issue filing instructions.\9\
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    \7\ Rule 2003(c), 18 CFR 385.2003(c).
    \8\ See http://www.ferc.gov/docs-filing/efiling/docs-efiled.asp    \9\ Rule 2003(c)(1)(ii), 18 CFR 385.2003(c)(1)(ii); see http://.

.

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    4. To implement eFiling 7.0, the Commission proposes to revise its 
regulations to permit users to submit via the Internet all documents 
filed in Commission proceedings pursuant to Chapter I of Title 18 of 
the Code of Federal Regulations, with specified exceptions. As before, 
the Secretary will specify the documents that may be submitted to the 
eFiling system, but now the Secretary would list exceptions rather than 
eligible documents. The Secretary would continue to issue filing 
instructions for allowable file formats, electronic document formats 
and electronic filings having multiple components. However, where 
specific regulations require that a filing include particular content, 
those regulations will continue to apply. Similarly, where specific 
regulations or other instructions contain requirements applicable to 
electronic documents, such as allowable file formats,\10\ those 
instructions also will continue to apply. The Commission invites 
comment on the proposals described below and generally on which 
documents should be accepted through the eFiling system.
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    \10\ E.g., http://www.ferc.gov/industries/electric/gen-info/qual-fac/completing.asp
 (Form 556 for Qualifying Facilities).

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    5. The Commission proposes to revise Rule 2003(c) of the its Rules 
of Practice and Procedure \11\ to provide specifically that all 
documents may be filed via the Internet unless excluded by the 
Secretary. It is not necessary, however, to revise the regulations to 
allow the Secretary to issue instructions regarding allowable file 
formats and other aspects of eFiling, as that authority is already 
included in Rule 2003(c)(2). Although they will not be the subject of 
revisions to the regulations, this notice of proposed rulemaking seeks 
comment on issues such as appropriate file formats and the filing of 
paper copies of oversized documents. Matters such as file formats and 
filing instructions would be contained in the instructions to be issued 
by the Secretary rather than being covered by regulations.
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    \11\ 18 CFR 385.2003(c).
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    6. There are several types of filings that the Commission 
anticipates will not be made initially through eFiling 7.0. Electronic 
filing of tariffs, tariff revisions and rate change applications is the 
subject of a separate rulemaking.\12\ Certain forms will not be 
accepted through eFiling. For example, the following forms are 
currently, and would continue to be, submitted through eForms: FERC 
Form No.1, FERC Form No. 2, FERC Form No. 2-A, FERC Form No. 3-Q, FERC 
Form No. 6, FERC Form No. 6-Q, Form 60, Form 714, and Electric 
Quarterly Reports.\13\ Requests for extensions of time to file these 
forms, however, would be submitted through eFiling.
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    \12\ See Electronic Tariff Filings, Docket No. RM01-5-000, FERC 
Statutes and Regulations ] 35,551 (2005).
    \13\ FERC Form 1-F is currently not included in eForms, so it 
could be efiled. The same is true with OATTs, as explained in 
footnote 6.
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    7. Finally, the Commission proposes to begin accepting, through 
eFiling, documents for which participants request confidential 
treatment pursuant to the Commission's regulations,\14\ including 
critical energy infrastructure information (CEII).\15\ Although the 
Commission proposes to begin accepting confidential documents with the 
eFiling 7.0 release, it does not propose to accept documents that are 
subject to protective order. There likely will be separate file uploads 
for Public, Confidential, and CEII files. Filers also will be able to 
revise security designations--for example, move a file from 
Confidential to Public. Filers will be able to load multiple files 
under each security class or they may upload .zip files containing 
numerous files if the files all have the same security class. The 
Commission will create separate accession numbers for the files 
uploaded under each security class and pass the files under each 
accession number to eLibrary with the appropriate security designation. 
This mirrors the current process for paper filings containing non-
public material.
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    \14\ 18 CFR 388.112.
    \15\ 18 CFR 388.113.
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    8. In some cases, the Commission will require paper copies of 
filings although it will also be possible to submit the documents 
through eFiling 7.0. This paper back-up will apply most notably to 
oversized documents such as maps, diagrams and drawings. Due to the 
size of standard monitors and other hardware and software limitations, 
it is impractical at this time for Commission staff to review such 
documents in electronic form. The Commission therefore anticipates that 
it will continue to need paper copies of most documents that are larger 
than 8.5 x 11 inches. As the Commission upgrades its resources, it 
expects to be able to reduce or eliminate the requirement for paper 
copies. The Commission also is considering whether to require paper 
copies of long documents, such as those exceeding 500 pages. The 
instructions posted by the Secretary will include directions specifying 
whether, and how many, paper copies of electronically filed documents 
are required. Appendix A contains examples of some documents that 
participants will be able to file via the Internet, but for which the 
Commission will also require paper copies.

B. File Formats

    9. The acceptance through eFiling 7.0 of documents that are not in 
standard word processing formats will present some issues involving 
file formats. As noted above, the Commission has issued instructions 
regarding file formats for specific documents in some regulations. In 
addition, staff has provided instructions in specific instances. Those 
requirements will continue to apply. The Secretary will specify formats 
in filing instructions that will apply in all other cases. The need for 
specific formatting may arise in connection with oversized documents, 
spreadsheets and other documents that contain data, to ensure that the 
documents will be in formats that users can reasonably be expected to 
find accessible.
    10. The Secretary has already issued instructions specifying 
acceptable file formats for filings submitted on CD-ROM, DVD and other 
electronic media. These can be found at http://www.ferc.gov/help/submission-guide/electronic-media/acceptable.asp.
 The Commission 

anticipates that these instructions will be updated concurrent with 
eFiling 7.0 and will apply to documents submitted through the eFiling 
system via the Internet. The Commission is required to establish 
standards for the creation, use, preservation, and disposition of

[[Page 42332]]

electronic records to retain them in a usable format until their 
authorized disposition dates. The Commission therefore invites comment 
on the current instructions, particularly on the question whether they 
provide adequate accessibility and accuracy. Based on guidance from the 
National Archives and Records Administration (NARA), the Commission is 
considering accepting exclusively waveform audio (.wav) format files 
for audio content and either audio-video interleave (.avi) or quicktime 
(.mov) format files for video content except where specific regulations 
contain requirements for other file formats. Also, the Commission 
intends to enforce, to the extent it is technically able to do so, the 
instructions issued with the eFiling 7.0 system rather than rely on 
voluntary compliance. We also plan to continue to improve our technical 
ability to enforce the instructions. For example, when the Commission 
has a technical solution for reliably and rapidly detecting a password-
protected document, it will prevent the uploading of that document 
through eFiling.
    11. In some instances, the Commission may issue more detailed 
instructions requiring particular document formats in connection with 
specific types of filings. For example, the Commission's regulations 
set out required exhibits for applications under section 7 of the 
Natural Gas Act,\16\ such as articles of incorporation and a statement 
showing state authorization to do business,\17\ as well as various 
types of data.\18\ The Commission anticipates that the Secretary will 
issue instructions specifying required formats for many exhibits that 
must be included in section 7 applications. For documents such as 
Articles of Incorporation, it is likely that PDF versions would be 
required. For documents containing data, the Secretary likely will 
specify that they shall be filed in native spreadsheet application.\19\
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    \16\ 18 CFR 157.14.
    \17\ 18 CFR 157.14(1)-(2) (Exhibits A and B).
    \18\ E.g., 18 CFR 157.14(11) (Exhibit I--Market Data), (13) 
(Exhibit K--Cost of Facilities).
    \19\ The Commission anticipates that spreadsheet files in native 
application would be required for Exhibit K and the data portions of 
Exhibits I, L, and N through P of Section 157.14.
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    12. Another formatting issue concerns the presentation of filed 
documents in eLibrary. In the original conception of e-Library, the 
Commission would convert filings in native application to PDF and to 
Text.\20\ This is intended to make filings accessible to the public in 
an open format without the need for purchasing proprietary software. As 
eFiling has increased and more complex documents have been filed, the 
conversion tools used by the Commission have not always been able to 
produce accurate renditions of filed documents. The degree of 
reliability decreases as the complexity of the electronic files 
increases and the costs of staff intervention to ensure reliability are 
prohibitive. For example, electronic spread sheets commonly contain 
multiple worksheets, with each worksheet containing many potential 
paper pages of data in many different formats. The conversion tools 
however frequently convert only the first worksheet.
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    \20\ See Electronic Filing of the Application for Authorization 
for the Issuance of Securities or the Assumption of Liabilities, 70 
FR 35372 (June 20, 2005), FERC Stats. & Regs. Regulations Preambles 
2001-2005 ] 31,188 at p. 6 (May 27, 2005); Electronic Filing of 
Documents, 65 FR 57088 (September 21, 2000), FERC Stats. & Regs. 
Regulations Preambles July 1996-December 2000 ] 31,107, at 31,820 
(September 14, 2000).
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    13. The Commission therefore is considering whether to discontinue 
creating PDF and Text versions of submitted documents and post only the 
electronic files as filed with the Commission, although it intends to 
continue providing PDF versions of its own issuances. We are requesting 
comments on the effect this would have on public accessibility to the 
files. Discontinuing the conversion to open formats could require users 
to purchase proprietary software. There would also be some 
inconvenience to participants in Commission proceedings when they are 
citing to page numbers, as the vast majority of filers do not use 
paragraph numbers. The Commission requests comments on this proposal.
    14. Should the Commission discontinue the practice of creating PDF 
versions of submissions, it could implement several measures. It could 
require that all word processing filings be made in open file formats, 
such as text, html, rtf, or possibly PDF. Open source file types would 
be the most easily accessible to all users. Alternatively, the 
Commission could permit filings in open file formats as well as in 
certain Microsoft Office formats. The Commission notes that Microsoft 
provides a free viewer that can be downloaded and used to view these 
files. Alternatively, the Commission could require that documents 
created with proprietary software be filed in the proprietary software 
along with an open source format to ensure that all viewers are able to 
download and read that document. Such filings would duplicate the 
current Commission practice of scanning all filings to create PDF 
formats.
    15. Spreadsheets may be even more complicated because spreadsheet 
conversions do not retain formulas and may be difficult for the public 
to use. Thus, while spreadsheets need to be filed in native 
application, the Commission could require the filer to provide a PDF or 
open source file that could be used, at least, to obtain the numbers 
presented in the spreadsheet. The Commission invites comment on these 
alternatives, as well as on the possibility of discontinuing the 
Commission's practice of creating PDF and Text versions.
    16. As a related issue, the Commission seeks input on whether the 
Secretary should require that documents created electronically by the 
filer using word processing software be filed in native applications or 
print-to-PDF format and not in a scanned format. The Commission has 
found that many ordinary text documents are being scanned and then 
converted to PDF formats. This removes the advantages of the native 
application, most notably the ability to search the text of the 
document and to copy and paste. It is unclear what advantage is derived 
from the submission of scanned PDF versions in such instances.\21\ The 
Commission's regulations regarding signatures are intended to allow 
participants to submit pleadings, sworn statements and the like without 
the need for physical signatures or notarization,\22\ which in turn 
should eliminate the need for scanned versions to ensure authenticity. 
The Commission understands that, in some situations, a scanned, non-
searchable document is the only reasonable alternative. For instance, a 
filer may possess an exhibit only in hard copy and therefore cannot 
submit it in text-searchable form. The Commission would allow for such 
situations.
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    \21\ Many courts prohibit or discourage the filing of scanned 
PDF documents. E.g., http://www.txs.uscourts.gov/attorneys/cmecf/dcfaq.htm; http://www.utd.uscourts.gov/documents/

ents/

adminprocedures.htm.
    \22\ See Rule 2005(b)(3) of the Commission's Rules of Practice 
and Procedure, 18 CFR 385.2005(b)(3) (permitting declaration under 
oath pursuant to 28 U.S.C. 1746); Rule 2005(c) of the Commission's 
Rules of Practice and Procedure, 18 CFR 385.2005(c) (in electronic 
documents, typed characters suffice as signature).
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C. Documentless Intervention

    17. As part of eFiling 7.0, the Commission is proposing to permit 
documentless intervention. This proposal will permit users to intervene 
in Commission proceedings via the Internet through an online form or 
web interface, without actually uploading a document to serve as the 
motion or

[[Page 42333]]

notice.\23\ This change would not, however, affect in any way the issue 
of whether a participant is entitled to intervene. The Commission does 
not propose revising any regulation in connection with this proposed 
change. Instructions relating to this proposal would be issued by the 
Secretary.\24\ The Commission invites comment on the proposal as 
described below.
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    \23\ See Rule 214 of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.214.
    \24\ 24 See Rule 2003 of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.2003 (Secretary's authority for issuing 
instructions for filings made via the Internet).
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    18. The current online system allows the entry of only the docket 
number, the party or parties, and at least one registered contact for 
each party. If a person who has not eRegistered attempts to file a 
motion/notice to intervene with the Commission online, the system will 
prompt the user first to eRegister.\25\ Under the current system the 
user must then attach a document that contains the basis for 
intervention. The proposed change to online filing of interventions 
will add a section for the user to enter the basis for intervention 
directly into the system without attaching a separate document.\26\ The 
system would allow users to submit online only motions/notices of 
intervention and would require that users file protests, substantive 
comments and other matters besides the intervention as separate 
documents using the existing eFiling process.
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    \25\ Rule 2010 requires persons eligible to receive service 
under that rule to eRegister pursuant to 18 C.F.R. 390.1. A person 
may eRegister through the FERC Online page at http://www.ferc.gov/docs-filing/ferconline.asp
.

    \26\ See 18 CFR 385.214(3)(b), setting forth the acceptable 
bases for intervention.
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    19. As a part of the proposed change regarding interventions, the 
Commission will issue a confirmation via electronic mail for receipt of 
each motion/notice of intervention that it receives online. This 
confirmation will identify the information submitted by the filer, 
including the filing date and time. The Commission will also create a 
placeholder document in eLibrary that will specify the date and time 
the filing was submitted, the docket number, the name of the applicant 
in the docket, the name of the intervening party(ies), contact 
information for the intervening party, and the basis for intervening. 
Anyone eSubscribed to the docket will receive an eSubscription e-mail 
with a link to the ``document'' that the Commission created and added 
to eLibrary on behalf of the submitter. This placeholder document will 
also be stamped with the Commission's standard watermark. The 
intervening party(ies), as identified, will be added to the service 
list for the specified docket. Where intervention is late or is opposed 
on other grounds, the party(ies) attempting to intervene would be 
removed from the service list if and when intervention was denied.

D. Quick Comment

    20. As part of eFiling 7.0, the Commission is proposing to create a 
``quick comment'' feature that will operate in a manner similar to 
documentless intervention by allowing users to submit comments without 
uploading documents. The Commission believes that this feature will be 
particularly helpful to individuals who do not participate routinely in 
Commission proceedings and wish to make brief comments in certain 
proceedings, such as users impacted by a single project. To submit a 
documentless, or quick, comment the user will first fill out a form 
with name and e-mail address, and send this information to FERC. If the 
e-mail address provided is valid, an e-mail will be sent to the user, 
which will include a link to the quick comment form. The form will be 
pre-filled with the contact information captured during the prior step. 
The user will be required to input a docket number for the proceeding 
to which the comment will apply. At this time, the Commission 
anticipates that the quick comment feature will be available only for P 
(Hydropower Project), PF (Pre-Filing NEPA activities for proposed gas 
pipelines), and CP (Certificates for Interstate Natural Gas Pipelines) 
proceedings. After the user has identified the docket(s), he or she 
would enter a comment in the text box by typing or copying and pasting. 
Once the information is submitted to the Commission, a PDF document 
will be created and added to eLibrary, where it will be searchable in 
the same manner as all other documents in the system. As with 
documentless intervention, the Commission does not propose to revise 
any regulation in connection with this proposed change. Instructions 
relating to quick comment would be issued by the Secretary.\27\ The 
Commission invites comments on this proposal.
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    \27\ See Rule 2003.
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E. Filing Deadlines for Documents Submitted Via the Internet

    21. In connection with the conversion to eFiling 7.0, the 
Commission seeks comment on the advisability of extending hours for 
filing online to allow Internet filers to make submissions until 
midnight Eastern Standard or Daylight Savings Time. For example, a 
document filed via the Internet would be considered received by the 
Commission on the date of filing as long as the last byte of 
information is received by midnight Eastern Standard or Daylight 
Savings Time on that date.\28\ Currently, both Internet and paper 
filings must be received by the close of business, i.e., 5 p.m., to be 
considered to have been filed on that date. Otherwise, the document is 
considered to have been filed on the next business day.\29\
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    \28\ See Rule 2003(c)(3).
    \29\ Rule 2001(a)(2) of the Commission's Rules of Practice and 
Procedure, 18 CFR 385.2001(a)(2).
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    22. Paper filings must be received by close of business because 
there must be staff available to stamp the date and time of receipt. 
However, internet submissions have no such limitation because the 
eFiling system records the date and time of the submission separately 
from the actual file date. The Commission is interested in receiving 
public comments on the effect of bifurcated filing deadlines.

F. Technical Conference

    23. Commission staff may conduct one or more technical conferences 
to discuss issues relating to electronic file format and electronic 
document standards. Any conference will be held prior to the deadline 
for filing comments on this proposal and will be separately noticed.

III. Information Collection Statement

    24. Office of Management and Budget (OMB) regulations require OMB 
to approve certain information collection requirements imposed by 
agency rule.\30\ This Final Rule does not contain any information 
collection requirements and compliance with the OMB regulations is thus 
not required.
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    \30\ 5 CFR 1320.12
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IV. Environmental Analysis

    25. 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.\31\ 
Issuance of this Final Rule does not represent a major federal action 
having a significant adverse effect on the quality of the human 
environment under the Commission's regulations implementing the 
National Environmental Policy Act. Part 380 of the Commission's 
regulations lists exemptions to the requirement to draft an 
Environmental Analysis or

[[Page 42334]]

Environmental Impact Statement. Included is an exemption for 
procedural, ministerial or internal administrative actions.\32\ This 
rulemaking is exempt under that provision.
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    \31\ Order No. 486, Regulations Implementing the National 
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \32\ 18 CFR 380.4(1) and (5).
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V. Regulatory Flexibility Act Certification

    26. The Regulatory Flexibility Act of 1980 (RFA) \33\ 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 procedural matters and is expected to increase 
the ease and convenience of filing. The Commission certifies that it 
will not have a significant economic impact upon participants in 
Commission proceedings. An analysis under the RFA is not required.
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    \33\ 5 U.S.C. 601-612.
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VI. Comment Procedures

    27. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due October 1, 2007. Comments must refer to 
Docket No. RM07-16-000, and must include the commenter's name, the 
organization he/she represents, if applicable, and his/her address in 
the comments.
    28. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://ferc.gov/docs-filing/efiling.asp.
 The Commission accepts most standard word 

processing formats. Documents created electronically using word 
processing software should be filed in native applications or print-to-
PDF format and not in a scanned format. Commenters filing 
electronically do not need to make paper filings. It is not necessary 
to serve copies of rulemaking comments on other commenters.
    29. Commenters that are not able to file comments electronically 
must send an original and 14 copies of their comments to: Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street, NE., Washington, DC 20426.
    30. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below.

VII. Document Availability

    31. 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.
    32. From FERC's Home Page on the Internet, this information is 
available on eLibrary. 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.
    33. User assistance is available for eLibrary and the FERC's 
website 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 
public.referenceroom@ferc.gov.


List of Subjects in 18 CFR Part 385

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

    By direction of the Commission.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission proposes to amend 
part 385, Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 385--RULES OF PRACTICE AND PROCEDURE

    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-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. 
U.S.C. 1-85 (1988).

    2. Section 385.2001 is amended by revising paragraph (a)(1)(iii) to 
read as follows:


Sec.  385.2001  Filings (Rule 2001).

    (a) * * *
    (1) * * *
    (iii) By filing via the Internet pursuant to Rule 2003 through the 
links provided at http://www.ferc.gov.

* * * * *
    3. Section 385.2003 is amended by revising paragraph (c) to read as 
follows:


Sec.  385.2003  Specifications (Rule 2003).

* * * * *
    (c) Filing via the Internet. (1) All documents filed under this 
Chapter may be filed via the Internet except those listed by the 
Secretary. Except as otherwise specifically provided in this Chapter, 
filing via the Internet is in lieu of other methods of filing. Internet 
filings must be made in accordance with instructions issued by the 
Secretary and made available online at http://www.ferc.gov. Provisions 

of this chapter or directions from the Commission containing 
requirements as to the content and format of specific types of filings 
remain applicable.
    (2) The Secretary will make available on the Commission's web site 
a list of document types that may not be filed via the Internet, as 
well as instructions pertaining to allowable electronic file and 
document formats, the filing of complex documents, whether paper copies 
are required, and procedural guidelines.
    (3) For purposes of statutes or regulations governing timeliness, a 
document filed via the Internet will be deemed to have been received by 
the Commission at the time the last byte of the document is received by 
the Commission.
* * * * *

    Note: The following appendix will not appear in the Code of 
Federal Regulations.

APPENDIX A

    (Partial list of eFiling-eligible documents for which paper 
copies may be required.)

Environmental and Electric Transmission Filings

     USGS 7.5 minute topographic maps.
     National Wetland Inventory maps.
     Alignment sheets.
     Aerial photographs.
     Major waterbody crossing plans and HDD (horizontal 
directional drill) diagrams.
     Drawings/figures showing project boundaries, 
footprints, building locations, etc.
     Drawings of valve and piping details at compressor 
stations, meter stations and pipeline interconnections.

Liquefied Natural Gas (LNG)

     Engineering diagrams and plot plans.
     Process flow diagrams.
     Detailed piping and instrumentation diagrams (PSID's).
     Equipment/tank detailed drawings of LNG storage tanks 
and process equipment.
     Hazard detection and control location diagrams/plot 
plans.

Pipeline Engineering

     Flow diagrams required under Exhibits G and G-1 (18 CFR 
157.14).

Storage

     Isopach, isobaric, structural, and stratigraphic maps.

[[Page 42335]]

     Well logs.

[FR Doc. E7-14724 Filed 8-1-07; 8:45 am]

BILLING CODE 6717-01-P
