

[Federal Register: August 14, 2007 (Volume 72, Number 156)]
[Rules and Regulations]               
[Page 45320-45328]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au07-11]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 2, 3c, 4, 5, 6, 8, 11, 16, 33, 35, 131, 153, 154, 157, 
292, 300, 366, 375, 376, 380, and 385

[Docket No. RM07-7-000; Order No. 699]

 
Conforming Changes

Issued August 6, 2007.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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[[Page 45321]]

SUMMARY: The Commission is issuing this Final Rule to make minor 
changes to its regulations. This Final Rule revises a number of 
references that have become outdated for various reasons. It also 
updates several provisions to conform to recent legislation and revises 
the Commission's delegations of authority both to allow the Secretary 
to refer complaint proceedings to the Commission's Dispute Resolution 
Service, and to organize better and clarify other delegations.

DATES: Effective Date: The rule will become effective August 14, 2007.

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

SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher, 
Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon 
Wellinghoff.

Final Rule

I. Discussion

    1. This Final Rule amends a number of sections of the Commission's 
regulations to revise outdated references to various Commission 
offices. An internal reorganization in 2003 resulted in functions 
previously carried out by the Offices of Pipeline Regulation and 
Electric Power Regulation being distributed between the Offices of 
Markets, Tariffs and Rates (OMTR) and Energy Projects (OEP). In 
addition, the functions of the Office of Hydropower Licensing were 
moved to OEP. Since then, OMTR has been renamed the Office of Energy 
Markets and Reliability (OEMR). The Commission's regulations currently 
contain references to the three former offices, as well as several 
references to OMTR. This rulemaking changes these references to OEMR or 
OEP, as appropriate.
    2. This Final Rule also revises the delegations to the Director of 
OEMR \1\ contained in 18 CFR 375.307. The majority of these revisions 
are intended to organize better and to clarify those delegations rather 
than modify them. The revisions delete redundant language; revise 
language concerning electric, gas and oil filings to better ensure 
consistency in the delegations of authority; and reorganize the 
language by program.
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    \1\ The Director's delegations were recently revised to reflect 
the transfer of some functions to the Office of Enforcement. 
Delegations of Authority, 118 FERC ] 61,060 (2007). This Final Rule 
makes additional revisions.
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    3. In a few instances, OEMR's delegated authority has been 
expanded. In such cases, these authorities are intended to assist the 
Commission in processing routine, noncontroversial matters in an 
efficient manner. New section 375.307(a)(2) includes delegated 
authority to assist OEMR in implementing certain reliability provisions 
of Federal Power Act section 215, which were enacted by the Energy 
Policy Act of 2005.\2\ New sections 375.307(a)(4)(iii) and (a)(6) also 
delegate to the Director of OEMR authority to assist in implementing 
the provisions of the Energy Policy Act of 2005.\3\ New sections 
375.307(a)(10)(iii) and (iv) add delegated authority to act in routine 
matters involving natural gas pipeline rates and charges under section 
311 of the Natural Gas Policy Act of 1978 \4\ that is similar to the 
authority delegated to the Director of OEMR to act on natural gas 
pipeline rates and charges under section 4 of the Natural Gas Act. New 
section 375.307(b)(2)(i) delegates authority to act on waiver requests 
for various forms, while new section 375.307(b)(3)(ii) delegates to the 
Director of OEMR authority to request further information relating to 
matters processed by OEMR. Finally, because new section 375.307(a)(4) 
includes authority to act on uncontested FERC-65A and FERC-65B filings, 
overlapping authority is being deleted from section 366.4.
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    \2\ Pub. L. No. 109-58, 1211, 119 Stat. 594, 982-83 (2005).
    \3\ Id., 1253, 1275(b).
    \4\ See 18 CFR 284.123.
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    4. The rule updates one of the standards of conduct for Commission 
employees to include a reference to a relevant provision in the Energy 
Policy Act of 2005. Current 18 CFR 3c.2(a), which prohibits Commission 
employees from disclosing nonpublic information, contains references to 
relevant provisions of the Federal Power Act and Natural Gas Act. The 
revision adds a reference to a similar statutory provision, section 
1264(d) of the new Public Utility Holding Company Act of 2005, added by 
the Energy Policy Act, Pub. L. No. 109-58, Sec.  1264(d), 119 Stat. 
594, 974 (2005).
    5. This rule also makes two changes to the delegations to the 
Secretary of the Commission contained in 18 CFR 375.302. The first 
amends Sec.  375.302 to add a new paragraph (y), which delegates to the 
Secretary the authority to refer complaint proceedings to the 
Commission's Dispute Resolution Service (DRS). Under the new provision, 
the Secretary is authorized to direct DRS staff to contact the parties 
in any complaint proceeding subject to the Commission's jurisdiction so 
that DRS can assist the parties in determining whether use of an 
alternative dispute resolution (ADR) process is appropriate to address 
matters raised in the complaint.\5\ The Secretary is also authorized to 
establish a date by which DRS must report to the Commission whether an 
ADR process will be pursued by the parties.
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    \5\ Under the Commission's existing regulations, complainants 
are required to state, among other things, whether DRS, the 
Enforcement Hotline, tariff-based dispute resolution mechanisms, or 
other informal dispute resolution procedures have been used prior to 
the filing of the complaint and whether the complainant believes 
that use of an ADR process could successfully resolve the complaint. 
See 18 CFR 385.206(b)(9).
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    6. The second change to the Secretary's delegations, new paragraph 
(z), allows the Secretary to specify formatting requirements for 
documents submitted to the Commission on electronic media. Allowing the 
Secretary to do so, through instructions issued to the public and 
posted on the Commission's Web site, is more efficient and thus 
preferable to specifying formats in a regulation. Technological needs 
and capabilities change frequently. This revision will allow Commission 
staff to update formats without delay.
    7. A minor change is being made to the Commission's regulations on 
recreational opportunities and development at licensed hydroelectric 
projects. The provision governing filing of Form No. 80 \6\ is being 
revised to require filing with the Commission rather than with a 
Regional Office. This will facilitate electronic filing of the form, 
which the Commission expects to implement in the near future. In 
addition, we are eliminating section 8.11(a)(3), which provides that 
the filer need only update a previously filed form rather than file a 
completely new form. This change similarly anticipates electronic 
filing, which will allow prior forms to be easily saved, stored and 
edited for resubmittal.
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    \6\ 18 CFR 8.11.
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    8. The delegation to the Director of External Affairs to take 
necessary actions in connection with requests under the Freedom of 
Information Act (FOIA) \7\ is being deleted. The delegation is 
unnecessary because the Commission's regulations implementing FOIA 
afford the Director the needed authority.\8\
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    \7\ 5 U.S.C. 552 (2006).
    \8\ 18 CFR 388.108.
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    9. A minor clarification is being made to allow the rejection of 
applications for certificates of public convenience and necessity 
within ten business days

[[Page 45322]]

rather than ten calendar days.\9\ This parallels similar language in 
the provision regarding notice of acceptance of an application.\10\
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    \9\ 18 CFR 157.8(a).
    \10\ 18 CFR 157.9.
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    10. Finally, the Commission's regulations are being revised to 
correct erroneous or outdated references or language in the following 
sections: 2.9, 4.30, 4.32, 4.33, 4.41, 4.71, 4.81, 4.92, 4.107, 5.9, 
5.18, 6.1, 11.10, 16.12, 16.16, 16.19, 16.22, 131.20, 157.14, 157.209, 
375.308, and 388.2201.

II. Information Collection Statement

    11. The Office of Management and Budget's (OMB) regulations require 
that OMB approve certain information collection requirements imposed by 
agency rule.\11\ This Final Rule does not contain information reporting 
requirements and is not subject to OMB approval.
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    \11\ 5 CFR Part 1320.
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III. Environmental Analysis

    12. 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 quality of the human 
environment.\12\ 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 Environmental Impact Statement. Included is 
an exemption for procedural, ministerial or internal administrative 
actions.\13\ This rulemaking is exempt under that provision.
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    \12\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 
] 30,783 (1987).
    \13\ 18 CFR 380.4(1) and (5).
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IV. Regulatory Flexibility Act

    13. The Regulatory Flexibility Act of 1980 (RFA) \14\ 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 matters 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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    \14\ 5 U.S.C. 601-12.
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V. Document Availability

    14. 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 Home Page (http://www.ferc.gov) 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.
    15. From the Commission'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.
    16. User assistance is available for eLibrary and the FERC's Web 
site during normal business hours. For assistance, please contact FERC 
Online Support at 1-866-208-3676 (toll free) or 202-502-6652 (e-mail at 
ferconlinesupport@ferc.gov), or the Public Reference Room at (202) 502-

8371 Press 0, TTY (202) 502-8659. (e-mail at 
public.referenceroom@ferc.gov).


VI. Effective Date and Congressional Notification

    17. These regulations are effective immediately upon publication in 
the Federal Register. In accordance with 5 U.S.C. 553(d)(3), the 
Commission finds that good cause exists to make this Final Rule 
effective immediately. It concerns only matters of internal operations 
or is ministerial in nature and will not affect the rights of persons 
appearing before the Commission. There is, therefore no reason to make 
this rule effective at a later time.
    18. The provisions of 5 U.S.C. 801 regarding Congressional review 
of Final Rules do not apply to this Final Rule, because this Final Rule 
concerns agency procedure and practice and will not substantially 
affect the rights of non-agency parties.
    19. 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 Final Rule concerns only matters of agency 
procedure and will not significantly affect regulated entities or the 
general public.

List of Subjects

18 CFR Part 2

    Administrative practice and procedure, Electric power, Natural gas, 
Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 3c

    Government employees, Standards of conduct.

18 CFR Part 4

    Administrative practice and procedure, Electric power, Reporting 
and recordkeeping requirements.

18 CFR Part 5

    Administrative practice and procedure, Electric power, Reporting 
and recordkeeping requirements.

18 CFR Part 6

    Electric power.

18 CFR Part 8

    Electric power, Recreation and recreation areas, Reporting and 
recordkeeping requirements.

18 CFR Part 11

    Electric power, Reporting and recordkeeping requirements.

18 CFR Part 16

    Administrative practice and procedure, Electric power, Reporting 
and recordkeeping requirements.

18 CFR Part 33

    Electric utilities, Reporting and recordkeeping requirements, 
Securities.

18 CFR Part 35

    Electric power, Reporting and recordkeeping requirements.

18 CFR Part 131

    Electric power, Electric power plants, Electric utilities, Natural 
gas, Reporting and recordkeeping requirements.

18 CFR Part 153

    Exports, Imports, Natural gas, Reporting and recordkeeping 
requirements.

18 CFR Part 154

    Alaska, Natural gas, Natural gas companies, Pipelines, Rate 
schedules and tariffs, Reporting and recordkeeping requirements.

18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and 
recordkeeping requirements.

18 CFR Part 292

    Electric power, Reporting and recordkeeping requirements.

[[Page 45323]]

18 CFR Part 300

    Electric power, Reporting and recordkeeping requirements.

18 CFR Part 366

    Electric power, Natural gas, Reporting and recordkeeping 
requirements.

18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia, 
Sunshine Act.

18 CFR Part 376

    Civil defense, Organization and functions (Government agencies).

18 CFR Part 380

    Environmental impact statements, Reporting and recordkeeping 
requirements.

18 CFR Part 385

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

    By the Commission.
Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.

0
In consideration of the foregoing, the Commission amends parts 2, 3c, 
4, 5, 6, 8, 11, 16, 33, 35, 131, 153, 154, 157, 292, 300, 366, 375, 
376, 380 and 385, Chapter I, Title 18, Code of Federal Regulations, as 
follows.

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 5 U.S.C. 601; 15 U.S.C. 717-717w, 3301-3432; 16 
U.S.C. 792-825y, 2601-2645; 42 U.S.C. 4321-4361, 7101-7352; Pub. L. 
No. 109-58, 119 Stat. 594.2.


0
2. Section 2.9 is amended by revising the list following paragraph (c) 
to read as follows:


Sec.  2.9  Conditions in preliminary permits and licenses--list of and 
citations to ``P-'' and ``L-'' forms.

* * * * *
    (c) * * *
    P-1: Preliminary Permit, 11 F.P.C. 699 (December 2, 1952), 16 
F.P.C. 1303 (December 4, 1956), 54 F.P.C. 1797 (October 31, 1975).
    L-1: Constructed Major Project Affecting Lands of the United 
States, 12 F.P.C. 1262 (September 25, 1953), 32 F.P.C. 71 (July 8, 
1964), 54 F.P.C. 1799 (October 31, 1975).
    L-2: Unconstructed Major Project Affecting Lands of the United 
States, 12 F.P.C. 1137 (August 7, 1953), 17 F.P.C. 62 (January 18, 
1957), 31 F.P.C. 528 (March 10, 1964), 54 F.P.C. 1808 (October 31, 
1975).
    L-3: Constructed Major Project Affecting Navigable Waters of the 
United States, 12 F.P.C. 836 (February 6, 1953), 17 F.P.C. 385 (March 
4, 1957), 30 F.P.C. 1658 (November 21, 1963), 32 F.P.C. 1114 (October 
15, 1964), 36 F.P.C. 971 (December 6, 1966), 40 F.P.C. 1136 (October 
29, 1968), 54 F.P.C. 1817 (October 31, 1975).
    L-4: Unconstructed Major Project Affecting Navigable Waters of the 
United States, 16 F.P.C. 1284 (November 29, 1956), 32 F.P.C. 839 
(September 21, 1964), 42 F.P.C. 280 (July 30, 1969), 54 F.P.C. 1824 
(October 31, 1975).
    L-5: Constructed Major Project Affecting Navigable Waters and Lands 
of the United States, 12 F.P.C. 1329 (October 23, 1953), 17 F.P.C. 110 
(January 13, 1957), 38 F.P.C. 203 (July 26, 1967), 54 F.P.C. 1832 
(October 31, 1975).
    L-6: Unconstructed Major Project Affecting Navigable Waters and 
Lands of the United States, 12 F.P.C. 1271 (September 29, 1953), 16 
F.P.C. 1127 (October 29, 1956), 31 F.P.C. 284 (February 5, 1964), 34 
F.P.C. 1114 (October 7, 1965), 54 F.P.C. 1842 (October 31, 1975).
    L-7 (retired): Minor Project Affecting Lands of the United States, 
12 F.P.C. 911 (March 30, 1953), 17 F.P.C. 486 (April 2, 1957).
    L-8 (retired): Minor-Part Project (Transmission Line), 12 F.P.C. 
1017 (June 12, 1953), 41 F.P.C. 217 (March 5, 1969).
    L-9: Constructed Minor Project Affecting Navigable Waters of the 
United States, 32 F.P.C. 577 (August 10, 1964), 54 F.P.C. 1852 (October 
31, 1975).
    L-10: Constructed Major Project Affecting the Interests of 
Interstate or Foreign Commerce, 37 F.P.C. 860 (May 9, 1967), 40 F.P.C. 
1489 (December 20, 1968), 54 F.P.C. 1858 (October 31, 1975).
    L-11: Unconstructed Major Project Affecting the Interests of 
Interstate or Foreign Commerce, 34 F.P.C. 602 (August 26, 1965), 36 
F.P.C. 687 (September 26, 1966), 41 F.P.C. 719 (June 6, 1969), 54 
F.P.C. 1864 (October 31, 1975).
    L-12: Constructed Minor Project Affecting the Interests of 
Interstate or Foreign Commerce, 35 F.P.C. 875 (June 3, 1966), 40 F.P.C. 
1447 (December 10, 1968), 54 F.P.C. 1871 (October 31, 1975).
    L-13: (retired): Unconstructed Major Project Affecting the 
Interests of Interstate or Foreign Commerce and Affecting Lands of the 
United States, 42 F.P.C. 367 (August 6, 1969).
    L-14: Unconstructed Minor Project Affecting Navigable Waters of the 
United States, 54 F.P.C. 1876 (October 31, 1975).
    L-15: Unconstructed Minor Project Affecting the Interests of 
Interstate or Foreign Commerce, 54 F.P.C. 1883 (October 31, 1975).
    L-16: Constructed Minor Project Affecting Lands of the United 
States, 54 F.P.C. 1888 (October 31, 1975).
    L-17: Unconstructed Minor Project Affecting Lands of the United 
States, 54 F.P.C. 1896 (October 31, 1975).
    L-18: Constructed Minor Project Affecting Navigable Waters and 
Lands of the United States, 54 F.P.C. 1903 (October 31, 1975).
    L-19: Unconstructed Minor Project Affecting Navigable Waters and 
Lands of the United States, 54 F.P.C. 1911 (October 31, 1975).
    L-20: Constructed Transmission Line Project, 54 F.P.C. 1919 
(October 31, 1975).
    L-21: Unconstructed Transmission Line Project, 54 F.P.C. 1923 
(October 31, 1975).

PART 3c--STANDARDS OF CONDUCT

0
3. The authority citation for part 3c is revised to read as follows:

    Authority: 15 U.S.C. 717g; 16 U.S.C. 825(b); 42 U.S.C. 7171, 
7172.


0
4. Section 3c.2 is amended by revising paragraph (a) to read as 
follows:


Sec.  3c.2  Nonpublic information.

    (a) Section 1264(d) (42 U.S.C. 16452(d)) of the Public Utility 
Holding Company Act of 2005, section 301(b) (16 U.S.C. 825(b)) of the 
Federal Power Act, and section 8(b) (15 U.S.C. 717g) of the Natural Gas 
Act prohibit any employee, in the absence of Commission or court 
direction, from divulging any fact or information which may come to his 
or her knowledge during the course of examination of books or other 
accounts.
* * * * *

PART 4--LICENSES, PERMITS, EXEMPTIONS AND DETERMINATION OF PROJECT 
COSTS

0
5. The authority citation for part 4 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.

Sec.  4.30  [Amended]

0
6. Section 4.30 is amended by amending paragraph (b)(6)(ii) to remove 
the phrase ``April 20, 1977'' and add in its place the phrase ``July 
22, 2005,'' and by amending paragraph (b)(28)(iii) to add the phrase 
``(40 MW in the case of

[[Page 45324]]

a municipal water supply project)'' before the semi-colon.


Sec.  4.32  [Amended]

0
7. Section 4.32 is amended by amending paragraph (h) to remove the 
phrase ``Hydropower, Environment and Engineering'' and add in its place 
the phrase ``Hydropower Licensing.''


Sec.  4.33  [Amended]

0
8. Section 4.33 is amended by amending paragraph (b)(2) to add the word 
``except'' before the phrase ``as provided.''


Sec.  4.41  [Amended]

0
9. Section 4.41 is amended by amending paragraph (f)(4)(vii) to remove 
the phrase ``fourteen copies'' and add in its place the phrase ``eight 
copies,'' and by amending paragraph (f)(6)(v) to remove the phrase 
``measures of facilities'' and add in its place the phrase ``measures 
or facilities.''


Sec.  4.71  [Amended]

0
10. Section 4.71 is amended by amending paragraph (a)(6)(i) to remove 
the phrase ``and distribution power'' and add in its place the phrase 
``and distributing power.''


Sec.  4.81  [Amended]

0
11. Section 4.81 is amended by amending paragraph (d) to remove the 
phrase ``Exhibit 4'' and add in its place the phrase ``Exhibit 3.''


Sec.  4.92  [Amended]

0
12. Section 4.92 is amended by amending the text following paragraph 
(b) to remove the phrase ``paragraph (b)(26)(v)'' and add in its place 
the phrase ``paragraph (b)(28)(v).''


Sec.  4.96  [Amended]

0
13. Section 4.96 is amended by amending paragraph (c) to remove the 
phrase ``Hydropower Licensing'' and add in its place the phrase 
``Energy Projects.''


Sec.  4.104  [Amended]

0
14. Section 4.104 is amended by amending paragraph (c) to remove the 
phrase ``Hydropower Licensing'' and add in its place the phrase 
``Energy Projects.''


Sec.  4.107  [Amended]

0
15. Section 4.107 is amended by amending paragraph (a) to remove the 
phrase ``the fee prescribed in Sec.  381.601 of this chapter.''

PART 5--INTEGRATED LICENSE APPLICATION PROCESS

0
16. The authority citation for part 5 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.


Sec.  5.9  [Amended]

0
17. Section 5.9 is amended by amending paragraph (b)(3) to remove the 
phrase ``is a not resource agency'' and add in its place the phrase 
``is not a resource agency'' and by amending paragraph (b)(6) to remove 
the word ``filed'' and add in its place the word ``field.''


Sec.  5.18  [Amended]

0
18. Section 5.18 is amended by amending paragraph (a)(5)(i) to remove 
the phrase ``Exhibits A, B, C, D, F, and G'' and add in its place the 
phrase ``Exhibits A, F, and G.''

PART 6--SURRENDER OR TERMINATION OF LICENSE

0
19. The authority citation for part 6 continues to read as follows:

    Authority: Secs. 6, 10(i), 13, 41 Stat. 1067, 1068, 1071, as 
amended, sec. 309, 49 Stat. 858; 16 U.S.C. 799, 803(i), 806, 825h; 
Pub. L. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.), unless 
otherwise noted.


Sec.  6.1  [Amended]

0
20. Section 6.1 is amended by amending the cross references to remove 
the phrase ``Sec. Sec.  4.40 to 4.42'' and add in its place the phrase 
``Sec. Sec.  4.40 to 4.41,'' and to remove the last sentence.

PART 8--RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED 
PROJECTS

0
21. The authority citation for part 8 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 42 U.S.C. 
7101-7352.


Sec.  8.11  [Amended]

0
22. Section 8.11 is amended by amending paragraph (a)(1) to remove the 
phrase ``a Commission Regional Office'' and replace it with the phrase 
``the Commission''; by amending paragraph (a)(2) to remove the phrase 
``April 1, 1991'' and replace it with the phrase ``April 1, 2009,'' and 
to remove the phrase ``December 31, 1990'' and replace it with the 
phrase ``December 31, 2008''; by removing paragraph (a)(3); and by 
redesignating paragraph (a)(4) as new paragraph (a)(3).

PART 11--ANNUAL CHARGES UNDER PART 1 OF THE FEDERAL POWER ACT

0
23. The authority citation for part 11 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.


Sec.  11.10  [Amended]

0
24. Section 11.10 is amended by amending paragraph (c)(5) to remove the 
phrase ``the lesser or'' and add in its place the phrase ``the lesser 
of.''

PART 16--PROCEDURES RELATING TO TAKEOVER AND RELICENSING OF 
LICENSED PROJECTS

0
25. The authority citation for part 16 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.


Sec.  16.12  [Amended]

0
26. Section 16.12 is amended by amending paragraph (b) to remove the 
phrase ``16.10(d), and 16.10(e)'' and add in its place the phrase ``and 
16.10(d).''


Sec.  16.16  [Amended]

0
27. Section 16.16 is amended by amending paragraph (a) to remove the 
phrase ``Sec.  385.2010'' and add in its place the phrase ``Sec.  
385.212.''


Sec.  16.19  [Amended]

0
28. Section 16.19 is amended by amending paragraph (c)(2) to remove the 
phrase ``[insert the effective date of the rule]'' and add in its place 
the phrase ``July 3, 1989.''


Sec.  16.22  [Amended]

0
29. Section 16.22 is amended by amending paragraph (b) to remove the 
phrase ``16.9(d), and 16.20(c)'' and add in its place the phrase ``and 
16.9(d).''

PART 33--APPLICATIONS UNDER FEDERAL POWER ACT SECTION 203

0
30. The authority citation for part 33 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352; Pub. L. No. 109-58, 119 Stat. 594.


Sec.  33.10  [Amended]

0
31. Section 33.10 is amended by removing the phrase ``Markets, Tariffs 
and Rates'' and adding in its place the phrase ``Energy Markets and 
Reliability.''

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
32. The authority citation for part 35 continues to read as follows:


[[Page 45325]]


    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.


Sec.  35.2  [Amended]

0
33. Section 35.2 is amended by amending paragraph (c) to remove the 
phrase ``Electric Power Regulation'' and add in its place the phrase 
``Energy Markets and Reliability.''


Sec.  35.5  [Amended]

0
34. Section 35.5 is amended by amending paragraph (b) to remove the 
phrase ``Markets, Tariffs and Rates'' and add in its place the phrase 
``Energy Markets and Reliability'' and to remove the phrase ``Sec.  
375.307(k)(3)'' and add in its place the phrase ``Sec.  
375.307(a)(1)(ii).''


Sec.  35.13  [Amended]

0
35. Section 35.13 is amended by amending paragraph (a)(3) to remove the 
phrase ``Electric Power Regulation'' and add in its place the phrase 
``Energy Markets and Reliability.''

PART 131--FORMS

0
36. The authority citation for part 131 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.


Sec.  131.20  [Amended]

0
37. Section 131.20 is amended by amending the text at paragraph (5) to 
remove the phrase ``section 9(b)'' and add in its place the phrase 
``section 9(a)(2).''

PART 153--APPLICATIONS FOR AUTHORIZATION TO CONSTRUCT, OPERATE OR 
MODIFY FACILITIES USED FOR THE EXPORT OR IMPORT OF NATURAL GAS

0
38. The authority citation for part 153 continues to read as follows:

    Authority: 15 U.S.C. 717b, 717o; E.O. 10485, 3 CFR, 1949-1953 
Comp., p. 970, as amended by E.O. 12038, 3 CFR, 1978 Comp., p. 136, 
DOE Delegation Order No. 0204-112, 49 FR 6684 (February 22, 1984).


Sec.  153.8  [Amended]

0
39. Section 153.8 is amended by amending paragraphs (a)(5) and (a)(6) 
to remove the phrase ``Pipeline Regulation'' and add in its place the 
phrase ``Energy Projects.''


Sec.  153.21  [Amended]

0
40. Section 153.21 is amended by amending paragraph (b) to remove the 
phrase ``Pipeline Regulation'' and add in its place the phrase ``Energy 
Projects.''

PART 154--RATE SCHEDULES AND TARIFFS

0
41. The authority citation for part 154 continues to read as follows:

    Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.


Sec.  154.5  [Amended]

0
42. Section 154.5 is amended by removing the phrase ``Pipeline 
Regulation'' and adding in its place the phrase ``Energy Markets and 
Reliability'' and by removing the phrase ``Sec.  375.307(b)(2)'' and 
adding in its place the phrase ``Sec.  375.307(a)(8)(iii).''


Sec.  154.302  [Amended]

0
43. Section 154.302 is amended by amending paragraph (b) to remove the 
phrase ``Pipeline Regulation'' and add in its place the phrase ``Energy 
Markets and Reliability.''

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND 
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER 
SECTION 7 OF THE NATURAL GAS ACT

0
44. The authority citation for part 157 continues to read as follows:

    Authority: 15 U.S.C. 717-717w.


Sec.  157.8  [Amended]

0
45. Section 157.8 is amended by amending paragraph (a) to remove the 
phrase ``Pipeline Regulation may reject the application within 10 
days'' and add in its place the phrase ``Energy Projects or the 
Director of the Office of Energy Markets and Reliability may reject the 
application within 10 business days,'' and by amending paragraph (c) to 
remove the phrase ``Pipeline Regulation'' and add in its place the 
phrase ``Energy Projects or the Director of the Office of Energy 
Markets and Reliability.''


Sec.  157.14  [Amended]

0
46. Section 157.14 is amended by amending paragraph (a) to remove the 
phrase ``G-I, G-II, and H(iv)'' and add in its place the phrase ``G-I, 
and G-II.''


Sec.  157.205  [Amended]

0
47. Section 157.205 is amended by amending paragraphs (c), (f), and (g) 
to remove the phrase ``Pipeline Regulation'' and add in its place the 
phrase ``Energy Projects.''


Sec.  157.206  [Amended]

0
48. Section 157.206 is amended by amending paragraph (c) to remove the 
phrase ``Pipeline Regulation'' and add in its place the phrase ``Energy 
Projects.''


Sec.  157.208  [Amended]

0
49. Section 157.208 is amended by amending paragraphs (d) and (g) to 
remove the phrase ``Pipeline Regulation'' and add in its place the 
phrase ``Energy Projects'' and by amending paragraph (d) to remove the 
phrase ``375.307(d)'' and add in its place the phrase 
``375.308(x)(1).''


Sec.  157.209  [Amended]

0
50. Section 157.209 is amended by amending paragraph (a) to remove the 
phrase ``Sec.  158.208(d)'' and add in its place the phrase ``Sec.  
157.208(d).''

Appendix II to Subpart F [Amended]

0
51. Appendix II to subpart F is amended by amending paragraph (1)(b) to 
remove the phrase ``Pipeline Regulation'' and add in its place the 
phrase ``Energy Projects.''

PART 292--REGULATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC 
UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER 
PRODUCTION AND COGENERATION

0
52. The authority citation for part 292 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 
U.S.C. 7101-7352.


Sec.  292.210  [Amended]

0
53. Section 292.210 is amended by amending paragraph (e)(3) to remove 
the phrase ``Hydropower Licensing'' and add in its place the phrase 
``Energy Projects.''


Sec.  292.211  [Amended]

0
54. Section 292.211 is amended by amending paragraphs (f) and (g) to 
remove the phrase ``Hydropower Licensing'' and add in its place the 
phrase ``Energy Projects.''

PART 300--CONFIRMATION AND APPROVAL OF THE RATES OF FEDERAL POWER 
MARKETING ADMINISTRATIONS

0
55. The authority citation for part 300 continues to read as follows:

    Authority: 16 U.S.C. 825s, 832-832l, 838-838k, 839-839h; 42 
U.S.C. 7101-7352; 43 U.S.C. 485-485k.


Sec.  300.10  [Amended]

0
56. Section 300.10 is amended by amending paragraph (h)(2) to remove 
the phrase ``Electric Power Regulation'' and add in its place the 
phrase ``Energy Markets and Reliability.''

[[Page 45326]]

Sec.  300.20  [Amended]

0
57. Section 300.20 is amended by amending paragraph (b)(1)(i) to remove 
the phrase ``Electric Power Regulation'' and add in its place the 
phrase ``Energy Markets and Reliability.''

PART 366--PUBLIC UTILITY HOLDING COMPANY ACT OF 2005

0
58. The authority citation for part 366 continues to read as follows:

    Authority: 42 U.S.C. 16451-16463.


0
59. Section 366.4 is amended by revising paragraphs (b)(1) and (c)(1) 
to read as follows:


Sec.  366.4  FERC-65, notification of holding company status, FERC-65A, 
exemption notification, and FERC-65B, waiver notification.

* * * * *
    (b) FERC-65A (exemption notification) and petitions for exemption. 
(1) Persons who, pursuant to Sec.  366.3(b)(2), seek exemption from the 
requirements of Sec.  366.2 and the accounting, record-retention, and 
reporting requirements of Sec. Sec.  366.21, 366.22, and 366.23, may 
seek such exemption by filing FERC-65A (exemption notification); FERC-
65A must be subscribed, consistent with Sec.  385.2005(a) of this 
chapter, but need not be verified. These filings will be noticed in the 
Federal Register; persons who file FERC-65A must include a form of 
notice suitable for publication in the Federal Register in accordance 
with the specifications in Sec.  385.203(d) of this chapter. Persons 
who file FERC-65A in good faith shall be deemed to have a temporary 
exemption upon filing. If the Commission has taken no action within 60 
days after the date of filing FERC-65A, the exemption shall be deemed 
to have been granted. The Commission may toll the 60-day period to 
request additional information or for further consideration of the 
request; in such case, the temporary exemption will remain in effect 
until such time as the Commission has determined whether to grant or 
deny the exemption. Authority to toll the 60-day period is delegated to 
the Secretary or the Secretary's designee.
* * * * *
    (c) FERC-65B (waiver notification) and petitions for waiver. (1) 
Persons who, pursuant to Sec.  366.3(c), seek waiver of the accounting, 
record-retention, and reporting requirements of Sec. Sec.  366.21, 
366.22, and 366.23, may seek such waiver by filing FERC-65B (waiver 
notification); FERC-65B must be subscribed, consistent with Sec.  
385.2005(a) of this chapter, but need not be verified. FERC-65B will be 
noticed in the Federal Register; persons who file FERC-65B must include 
a form of notice suitable for publication in the Federal Register in 
accordance with the specifications in Sec.  385.203(d) of this chapter. 
Persons who file FERC-65B in good faith shall be deemed to have a 
temporary exemption upon filing. If the Commission has taken no action 
within 60 days after the date of filing of FERC-65B, the waiver shall 
be deemed to have been granted. The Commission may toll the 60-day 
period to request additional information or for further consideration 
of the request; in such case, the temporary waiver will remain in 
effect until such time as the Commission has determined whether to 
grant or deny the waiver. Authority to toll the 60-day period is 
delegated to the Secretary or the Secretary's designee.
* * * * *

PART 375--THE COMMISSION

0
60. The authority citation for part 375 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.

0
61. Section 375.302 is amended by adding paragraphs (y) and (z) as 
follows:


Sec.  375.302  Delegations to the Secretary.

* * * * *
    (y) Direct the staff of the Dispute Resolution Service (DRS) to 
contact the parties in a complaint proceeding and establish a date by 
which DRS must report to the Commission whether a dispute resolution 
process to address the complaint will be pursued by the parties.
    (z) Specify file format requirements for submissions on electronic 
media or via electronic means.

0
62. Section 375.307 is revised to read as follows:


Sec.  375.307  Delegations to the Director of the Office of Energy 
Markets and Reliability.

    The Commission authorizes the Director or the Director's designee 
to:
    (a) Program-Specific Delegated Authority: Take the following 
actions with respect to the following programs:
    (1) Sections 205 and 206 of the Federal Power Act. (i) Accept for 
filing all uncontested tariffs or rate schedules and uncontested tariff 
or rate schedule changes submitted by public utilities, including 
changes that would result in rate increases, if they comply with all 
applicable statutory requirements, and with all applicable Commission 
rules, regulations and orders for which waivers have not been granted, 
or if waivers have been granted by the Commission, if the filings 
comply with the terms of the waivers;
    (ii) Reject a tariff or rate schedule filing, unless accompanied by 
a request for waiver in conformity with Sec.  385.2001 of this chapter, 
if it fails patently to comply with applicable statutory requirements 
and with all applicable Commission rules, regulations and orders;
    (iii) Take appropriate action on requests or petitions for waivers 
of notice as provided in section 205(d) of the Federal Power Act, 
provided the requests conform to the requirements of Sec.  385.2001 of 
this chapter;
    (iv) Refer to the Chief Administrative Law Judge (Chief ALJ) for 
action by the Chief ALJ, with the Chief ALJ's concurrence, uncontested 
motions that would result in lower interim settlement rates, pending 
Commission action on settlement agreements;
    (v) Sign and issue deficiency letters; and
    (vi) Act on requests for authorization for a designated 
representative to post and file rate schedules of public utilities 
which are parties to the same rate schedules.
    (2) Section 215 of the Federal Power Act. (i) Approve uncontested 
applications, including uncontested revisions to Electric Reliability 
Organization or Regional Entity rules or procedures;
    (ii) Reject an application, unless accompanied by a request for 
waiver in conformity with Sec.  385.2001 of this chapter, if it fails 
patently to comply with applicable statutory requirements or with all 
applicable Commission rules, regulations or orders;
    (iii) Act on any request or petition for waiver, consistent with 
Commission policy;
    (iv) Sign and issue deficiency letters; and
    (v) Direct the Electric Reliability Organization, regional 
entities, or users, owners, and operators of the Bulk-Power system 
within the United States (not including Alaska and Hawaii) to provide 
such information as is necessary to implement section 215 of the FPA 
pursuant to Sec. Sec.  39.2(d) and 39.11 of this chapter.
    (3) Other sections of the Federal Power Act. (i) Pass upon any 
uncontested application for authorization to issue securities or to 
assume obligations and liabilities filed by public utilities and 
licensees pursuant to Part 34 of this chapter;
    (ii) Take appropriate action on uncontested applications for the 
sale or lease or other disposition of facilities, merger or 
consolidation of facilities, purchase or acquisition or taking of

[[Page 45327]]

securities of a public utility, or purchase or lease or acquisition of 
an existing generation facility under section 203 of the Federal Power 
Act;
    (iii) Take appropriate action on uncontested applications for 
interlocking positions under section 305(b) of the Federal Power Act; 
and
    (iv) Sign and issue deficiency letters for filings under Federal 
Power Act sections 203, 204, and 305(b).
    (4) Public Utility Holding Company Act of 2005. Take appropriate 
action on:
    (i) Uncontested FERC-65A (exemption notification) filings;
    (ii) Uncontested FERC-65B (waiver notification) filings; and
    (iii) Uncontested applications under section 1275(b) of the Energy 
Policy Act of 2005 and/or the Federal Power Act to allocate service 
company costs to members of a holding company system.
    (5) Federal Power Marketing Administration Filings. Approve 
uncontested rates and rate schedules filed by the Secretary of Energy 
or his designee, for power developed at projects owned and operated by 
the federal government and for services provided by federal power 
marketing agencies.
    (6) Section 210(m) of the Public Utility Regulatory Policies Act of 
1978. (i) Approve uncontested applications;
    (ii) Reject an application, unless accompanied by a request for 
waiver in conformity with Sec.  385.2001 of this chapter, if it fails 
patently to comply with applicable statutory requirements or with all 
applicable Commission rules, regulations and orders;
    (iii) Act on any request or petition for waiver, consistent with 
Commission policy; and
    (iv) Sign and issue deficiency letters.
    (7) Other sections of the Public Utility Regulatory Policies Act of 
1978. Take appropriate action on:
    (i) Filings related to uncontested nonexempt qualifying small power 
production facilities;
    (ii) Uncontested applications for certification of qualifying 
status for small power production and cogeneration facilities under 
Sec.  292.207 of this chapter;
    (iii) Requests or petitions for waivers of the requirements of 
subpart C of Part 292 of this chapter governing cogeneration and small 
power production facilities made by any state regulatory authority or 
nonregulated electric utility pursuant to Sec.  292.402 of this 
chapter;
    (iv) Requests or petitions for waivers of the Commission's 
regulations under the Federal Power Act related to nonexempt qualifying 
small power production facilities and related authorizations consistent 
with Massachusetts Refusetech, Inc., 31 FERC ] 61,048 (1985), and the 
orders cited therein without limitation as to whether qualifying status 
is by Commission certification or notice of qualifying status, provided 
that, in the case of a notice of qualifying status, any waiver is 
granted on condition that the filing party has correctly noticed the 
facility as a qualifying facility; and
    (v) Requests or petitions for waivers of the technical requirements 
applicable to qualifying small power production facilities and 
qualifying cogeneration facilities.
    (8) Sections 4 and 5 of the Natural Gas Act. (i) Accept for filing 
all uncontested tariffs or rate schedules and uncontested tariff or 
rate schedule changes, except major pipeline rate increases under 
section 4(e) of the Natural Gas Act and under subpart D of Part 154 of 
this chapter, if they comply with all applicable statutory 
requirements, and with all applicable Commission rules, regulations and 
orders for which waivers have not been granted, or if waivers have been 
granted by the Commission, if the filings comply with the terms of the 
waivers;
    (ii) Accept for filing all uncontested tariff or rate schedules 
changes made in compliance with Commission orders;
    (iii) Reject a tariff or rate schedule filing, unless accompanied 
by a request for waiver in conformity with Sec.  385.2001 of this 
chapter, if it patently fails to comply with applicable statutory 
requirements and with all applicable Commission rules, regulations and 
orders;
    (iv) Take appropriate action on requests or petitions for waiver of 
notice as provided in section 4(d) of the Natural Gas Act, provided the 
request conforms to the requirements of Sec.  385.2001 of this chapter; 
and
    (v) Refer to the Chief Administrative Law Judge (Chief ALJ) for 
action by the Chief ALJ, with the Chief ALJ's concurrence, uncontested 
motions that would result in lower interim settlement rates, pending 
Commission action on settlement agreements.
    (9) Section 7 of the Natural Gas Act. Take appropriate action on 
the following types of uncontested applications for authorizations and 
uncontested amendments to applications and authorizations filed 
pursuant to section 7 of the Natural Gas Act and impose appropriate 
conditions:
    (i) Applications by a pipeline for the deletion of delivery points 
but not facilities;
    (ii) Applications to abandon pipeline services, but not facilities, 
involving a specific customer or customers, if such customer or 
customers have agreed to the abandonment;
    (iii) Applications for temporary or permanent certificates (and for 
amendments thereto) for services, but not facilities, in connection 
with the transportation;
    (iv) Blanket certificate applications by interstate pipelines and 
local distribution companies served by interstate pipelines filed 
pursuant to Sec. Sec.  284.221 and 284.224 of this chapter;
    (v) Applications for temporary certificates involving 
transportation service or sales, but not facilities, pursuant to Sec.  
157.17 of this chapter;
    (vi) Dismiss any protest to prior notice filings involving existing 
service, made pursuant to Sec.  157.205 of this chapter, that does not 
raise a substantive issue and fails to provide any specific detailed 
reason or rationale for the objection;
    (vii) Applications pertaining to approval of changes in customer 
names where there is no change in rate schedule, rate, or other 
incident of service;
    (viii) Applications for approval of customer rate schedule shifts;
    (ix) Applications filed under section 1(c) of the Natural Gas Act 
and Part 152 of this chapter, for declaration of exemption from the 
provisions of the Natural Gas Act and certificates held by the 
applicant;
    (x) Applications and amendments requesting authorizations filed 
pursuant to section 7(c) of the Natural Gas Act for new or additional 
service through existing facilities to right-of-way grantors either 
directly or through distributors, where partial consideration for the 
granting of the rights-of-way was the receipt of gas service pursuant 
to section 7(c) of the Natural Gas Act;
    (xi) An uncontested request from the holder of an authorization, 
granted pursuant to the Director's delegated authority, to vacate all 
or part of such authorization; and
    (xii) Sign and issue deficiency letters.
    (10) Natural Gas Policy Act of 1978. (i) Notify jurisdictional 
agencies within 45 days after the date on which the Commission receives 
notice of a determination pursuant to Sec.  270.502(b) of this chapter 
that the notice is incomplete under Sec.  270.204 of this chapter;
    (ii) Issue preliminary findings under Sec.  270.502(a)(1) of this 
chapter;
    (iii) Accept any uncontested item that has been filed under Sec.  
284.123 of this chapter consistent with Commission regulations and 
policy;
    (iv) Reject an application filed pursuant to Sec.  284.123 of this 
chapter, unless accompanied by a request for

[[Page 45328]]

waiver in conformity with Sec.  385.2001 of this chapter, if it fails 
patently to comply with applicable statutory requirements or Commission 
rules, regulations and orders; and
    (v) Take appropriate action on petitions to permit after an initial 
60-day period one additional 60-day period of exemption pursuant to 
Sec.  284.264(b) of this chapter where the application for extension 
arrives at the Commission no later than 45 days after the commencement 
of the initial period of exemption and where only services are 
involved.
    (11) Regulation of Oil Pipelines Under the Interstate Commerce Act. 
(i) Accept any uncontested item that has been filed consistent with 
Commission regulations and policy;
    (ii) Reject any filing, unless accompanied by a request for waiver 
in conformity with Sec.  385.2001 of this chapter, that patently fails 
to comply with applicable statutory requirements and with all 
applicable Commission rules, regulations and orders; and
    (iii) Prescribe for carriers the classes of property for which 
depreciation charges may be properly included under operating expenses, 
review the fully documented depreciation studies filed by the carriers, 
and authorize or revise the depreciation rates reflected in the 
depreciation study with respect to each of the designated classes of 
property.
    (b) General, Non-Program-Specific Delegated Authority. (1) Take 
appropriate action on:
    (i) Any notice of intervention or motion to intervene, filed in an 
uncontested proceeding processed by the Office of Energy Markets and 
Reliability; and
    (ii) Applications for extensions of time to file required filings, 
reports, data and information and to perform other acts required at or 
within a specific time by any rule, regulation, license, permit, 
certificate, or order by the Commission.
    (2) Take appropriate action on requests or petitions for waivers 
of:
    (i) Filing requirements for the appropriate statements and reports 
processed by the Office of Energy Markets and Reliability under Parts 
46, 141, 260 and 357 of this chapter, Sec. Sec.  284.13 and 284.126 of 
this chapter, and other relevant Commission orders; and
    (ii) Fees prescribed in Sec. Sec.  381.403 and 381.505 of this 
chapter in accordance with Sec.  381.106(b) of this chapter.
    (3) Undertake the following actions:
    (i) Issue reports for public information purposes. Any report 
issued without Commission approval must:
    (A) Be of a noncontroversial nature, and
    (B) Contain the statement, ``This report does not necessarily 
reflect the views of the Commission,'' in bold face type on the cover;
    (ii) Issue and sign requests for additional information regarding 
applications, filings, reports and data processed by the Office of 
Energy Markets and Reliability; and
    (iii) Accept for filing, data and reports required by Commission 
regulations, rules or orders, or presiding officers' initial decisions 
upon which the Commission has taken no further action, if such filings 
are in compliance with such regulations, rules, orders or decisions 
and, when appropriate, notify the filing party of such acceptance.


Sec.  375.308  [Amended]

0
63. Section 375.308 is amended by amending paragraph (a) to add the 
phrase ``in opposition'' following the phrase ``motion or notice of 
intervention.''


Sec.  375.311  [Removed and Redesignated]

0
64. Remove Sec.  375.311 and redesignate Sec.  375.314 as new Sec.  
375.311.

PART 376--ORGANIZATION, MISSION, AND FUNCTIONS; OPERATIONS DURING 
EMERGENCY CONDITIONS

0
65. The authority citation for part 376 continues to read as follows:

    Authority: 5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009; 3 CFR 
1978 Comp., p. 142.


Sec.  376.204  [Amended]

0
66. Section 376.204 is amended by amending paragraph (b)(2)(x) to 
remove the phrase ``Assistant General Counsels'' and add in its place 
the phrase ``Deputy Associate General Counsels.''


Sec.  376.207  [Amended]

0
67. Section 376.207 is amended by removing the phrase ``Director of the 
Office of Finance, Accounting and Operations'' and adding in its place 
the phrase ``Executive Director.''

PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL 
POLICY ACT

0
68. The authority citation for part 380 continues to read as follows:

    Authority: 42 U.S.C. 4321-4370a, 7101-7352; E.O. 12009, 3 CFR, 
1978 Comp., p. 142.


Sec.  380.12  [Amended]

0
69. Section 380.12 is amended by amending paragraph (a)(3) to remove 
the phrase ``OPR'' and add in its place the phrase ``the Office of 
Energy Projects,'' by amending paragraphs (c)(3)(ii), (c)(3)(iii), and 
(f)(5) to remove the phrase ``Pipeline Regulation'' and add in its 
place the phrase ``Energy Projects,'' and by amending paragraph (f) to 
remove the phrase ``OPR's'' and add in its place the phrase ``Office of 
Energy Projects' (OEP).''


Sec.  380.13  [Amended]

0
70. Section 380.13 is amended by amending paragraphs (b)(2)(iii), 
(b)(5)(iv), and (c) to remove the phrase ``Pipeline Regulation'' and 
add in its place the phrase ``Energy Projects'' and by amending 
paragraph (b)(5)(iv) to remove the phrase ``OPR'' and add in its place 
the phrase ``OEP.''


Sec.  380.14  [Amended]

0
71. Section 380.14 is amended by amending paragraph (a)(3) to remove 
the phrase ``Pipeline Regulation'' and add in its place the phrase 
``Energy Projects.''

PART 385--RULES OF PRACTICE AND PROCEDURE

0
72. 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).


Sec.  385.2201  [Amended]

0
73. Section 385.2201 is amended by amending paragraph (h)(1) to remove 
the phrase ``paragraph (f)(1)'' and add in its place the phrase 
``paragraph (f)(2).''

[FR Doc. E7-15664 Filed 8-13-07; 8:45 am]

BILLING CODE 6717-01-P
