
[Federal Register Volume 81, Number 21 (Tuesday, February 2, 2016)]
[Rules and Regulations]
[Pages 5378-5380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01812]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 1b, 2, 157, and 380

[Docket No. RM15-26-000; Order No. 821]


Transferring Certain Dispute Resolution Service Matters to the 
Commission's Landowner Helpline

AGENCY: Federal Energy Regulatory Commission, Department of Energy 
(DOE).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission is revising its regulations to reflect an 
internal reorganization. On June 14, 2013, the Dispute Resolution 
Service moved from the Commission's Office of Administrative Litigation 
(OAL) to the Commission's Office of Administrative Law Judges (OALJ), 
and the resulting new office was named the Office of Administrative Law 
Judges and Dispute Resolution (OALJDR). On January 11, 2015, the 
Commission designated a Landowner Helpline function in the OALJDR. The 
revised regulations substitute the Commission's recently established 
Landowner Helpline in place of the Commission's Dispute Resolution 
Service (DRS) as the contact for handling dispute-related calls, 
emails, and letters, pertaining to the construction and operation of 
jurisdictional infrastructure projects. This revision does not preclude 
disputants from utilizing other means to address disputes at the 
Commission. The transfer of responsibility for dispute-related calls, 
emails, and letters pertaining to infrastructure projects to the 
Landowner Helpline reflects an allocation of dedicated resources to 
serve the public interest.

DATES: This rule will become effective March 3, 2016.

FOR FURTHER INFORMATION CONTACT: Thomas Sharp, Office of the General 
Counsel, 888 First Street NE., Washington, DC 20426, 202-502-6461, 
thomas.sharp@ferc.gov.

SUPPLEMENTARY INFORMATION:

Order No. 821

Final Rule

(Issued January 21, 2016)

    1. 1. By this instant Final Rule, the Commission is revising its 
regulations \1\ to substitute the Commission's recently established 
Landowner Helpline in place of the Commission's Dispute Resolution 
Service (DRS) as the point of contact for dispute-related calls, 
emails, and letters, pertaining to the construction or operation of 
jurisdictional natural gas and hydroelectric projects. The Commission 
is implementing this Final Rule as a result of a recent internal 
reorganization, which designated a Landowner Helpline function in the 
Commission's Office of Administrative Law Judges and Dispute Resolution 
(OALJDR).
---------------------------------------------------------------------------

    \1\ 18 CFR 1b.21(g-h), 2.55(c)(1)(ii)(C), 157.203(d)(1)(iii)(D), 
and 380.15(c)(1)(ii)(C) (2015).
---------------------------------------------------------------------------

I. Background

    2. The Commission's Enforcement Hotline has been in existence since 
June 1987. In April 1999, the Enforcement Hotline was codified under 
section 1b.21 of the Commission's regulations.\2\ In addition to 
providing information to the public, and informal, non-binding staff 
opinions, any person may seek the Enforcement Hotline's assistance in 
the informal resolution of a dispute, provided that the dispute is not 
before the Commission in a docketed proceeding.\3\ The Enforcement 
Hotline is staffed by personnel from the Division of Investigations in 
the Office of Enforcement.
---------------------------------------------------------------------------

    \2\ 18 CFR 1b.21 (2015).
    \3\ Id.
---------------------------------------------------------------------------

    3. On April 15, 2010, the Commission substituted the DRS, with its 
expertise in conflict resolution, for the Enforcement Hotline as the 
contact for landowners that have unresolved disputes with natural gas 
companies following use of the companies' environmental complaint 
resolution procedure.\4\ The Commission also transferred the 
responsibility of dispute-related calls pertaining to the construction 
and operation of hydroelectric projects to DRS.\5\
---------------------------------------------------------------------------

    \4\ Instant Final Rule Transferring Certain Enforcement Hotline 
Matters to the Dispute Resolution Service, 75 FR 21503, at 21504 
(April 26, 2010); FERC Stat. & Regs. ] 31,308 (2010) (cross-
referenced at 131 FERC ] 61,018 (2010)).
    \5\ Id. These include calls to OEP's Division of Hydropower 
Administration and Compliance (DHAC) regarding compliance with 
hydroelectric project licensing conditions which DHAC elects to 
refer to DRS.
---------------------------------------------------------------------------

    4. The Commission's regulations require that natural gas companies 
seeking automatic authorization for replacement facilities or blanket 
certificate authorization for a project under the Natural Gas Act (NGA) 
must provide all affected landowners with a description of the 
company's environmental complaint resolution procedures, including 
company contact telephone numbers which landowners can use to identify 
and resolve environmental mitigation problems and concerns during 
construction of the project and restoration of the right-of-way.\6\ 
Companies must also provide affected landowners with the current 
telephone number and email address of the DRS and instruct them that if 
they are not satisfied with the company's response to their complaints, 
they may contact the DRS.\7\
---------------------------------------------------------------------------

    \6\ 18 CFR 157.203(d)(1)(iii) (2015).
    \7\ 18 CFR 157.203(d)(1)(iii)(D) (2015).
---------------------------------------------------------------------------

    5. Going forward, the above-described DRS responsibilities will be 
handled by the new OALJDR Landowner Helpline.

II. Discussion

    6. This Final Rule amends 18 CFR 157.203(d)(1)(iii)(D) to 
substitute the Commission's recently established Landowner Helpline for 
the DRS Helpline as the contact for members of the public that have 
unresolved disputes with pipeline companies following use of the 
pipeline companies' environmental complaint resolution procedure.\8\ 
This Final Rule also removes and renumbers 18 CFR 1b.21 (g) and (h) to 
create 18 CFR 1b.22 (a) and (b), which substitutes the Commission's 
recently established Landowner Helpline for the DRS Helpline as the 
contact for any person affected by either the construction or operation 
of natural gas facilities under the NGA or by the construction or 
operation of a project under the Federal Power Act (FPA), who may wish 
to seek the informal resolution of a dispute. This final rule makes 
this same substitution in 18 CFR 2.55(c)(1)(ii)(C) and 18 CFR 
380.15(c)(1)(ii)(C). These

[[Page 5379]]

changes reflect the allocation of a dedicated Commission resource to 
serve the public interest.
---------------------------------------------------------------------------

    \8\ Notwithstanding the name of the helpline, in accordance with 
section 1b.21(g), any person affected by a jurisdictional project--
whether a landowner or not--may make use of the Landowner Helpline.
---------------------------------------------------------------------------

III. Information Collection Statement

    7. Office of Management and Budget (OMB) regulations require OMB to 
approve certain information collection requirements imposed by agency 
rule.\9\ However, this instant Final Rule does not contain or modify 
any information collection requirements.
---------------------------------------------------------------------------

    \9\ 5 CFR 1320.12 (2015).
---------------------------------------------------------------------------

IV. Environmental Analysis

    8. 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.\10\ Part 
380 of the Commission's regulations lists exemptions to the requirement 
to draft an Environmental Assessment or Environmental Impact Statement, 
and this rulemaking qualifies under the exemption for procedural, 
ministerial or internal administrative actions.\11\
---------------------------------------------------------------------------

    \10\ Order No. 486, Regulations Implementing the National 
Environmental Policy Act of 1969, 52 FR 47897 (Dec. 17, 1987), FERC 
Stats. & Regs. Preambles 1986-1990 ] 30,783 (1987).
    \11\ 18 CFR 380.4(a)(1) (2015).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    9. The Regulatory Flexibility Act of 1980 (RFA) \12\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
This instant Final Rule concerns agency procedures. The Commission 
certifies that it will not have a significant economic impact upon 
participants in Commission proceedings. Therefore, an analysis under 
the RFA is thus not required.
---------------------------------------------------------------------------

    \12\ 5 U.S.C. 601-612 (2012).
---------------------------------------------------------------------------

VI. Document Availability

    10. 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 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, 
Washington, DC 20426.
    11. 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.
    12. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at 
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
public.referenceroom@ferc.gov.

VII. Effective Date and Congressional Notification

    13. These regulations are effective as an instant Final Rule 
without a period for public comment. Under 5 U.S.C. 533(b), notice and 
comment procedures are unnecessary where a rulemaking concerns only 
agency procedure or 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. The Commission has determined, with the concurrence of 
the Administrator of the Office of Information and Regulatory Affairs 
of OMB, that this rule is not a ``major rule'' as defined in section 
351 of the Small Business Regulatory Enforcement Fairness Act of 1996.
    14. These regulations are effective March 3, 2016.

List of Subjects

18 CFR Part 1b

    Investigations.

18 CFR Part 2

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

18 CFR Part 157

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

18 CFR Part 380

    Environmental impact statements, Reporting and recordkeeping 
requirements.

    By the Commission.

    Issued: January 21, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
    In consideration of the foregoing, the Commission amends Parts 1b, 
2, 157, and 380, Chapter I, Title 18, Code of Federal Regulations, as 
follows.

PART 1b--RULES RELATING TO INVESTIGATIONS

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

    Authority: 15 U.S.C. 717-717z, 3301-3432; 16 U.S.C. 792-828c, 
2601-2645; 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 
(1988); E.O. 12009, 3 CFR 1978 Comp., p. 142.


Sec.  1b.21  [Amended]

0
2. Section 1b.21 is amended by removing paragraphs (g) and (h).

0
3. Section 1b.22 is added to read as follows:


Sec.  1b.22  Landowner Helpline.

    (a) Any person affected by either the construction or operation of 
a certificated or authorized natural gas project under the Natural Gas 
Act or by the construction or operation of a project under the Federal 
Power Act may seek the informal resolution of a dispute by contacting 
the Commission's Landowner Helpline. The Commission's Landowner 
Helpline may be reached by calling toll-free at 1-877-337-2237, or by 
email at LandownerHelp@ferc.gov, or writing to: Commission's Landowner 
Helpline, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426.
    (b) Any person who contacts the Landowner Helpline is not precluded 
from filing a formal action with the Commission if discussions assisted 
by the Landowner Helpline staff are unsuccessful at resolving the 
matter. A caller may terminate the use of alternative dispute 
resolution procedures at any time.

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
4. The authority citation for Part 2 continues to read as follows:

    Authority: 5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C. 792-828c, 2601-2645; 42 U.S.C. 4321-4370h, 7101-7352.


0
5. Section 2.55(c)(1)(ii)(C) is revised to read as follows:


Sec.  2.55  Auxiliary installations and replacement facilities.

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (C) A description of the Commission's Landowner Helpline, which an 
affected person may contact to seek an informal resolution of a dispute 
as explained in Sec.  1b.22(a) of this chapter and the Landowner 
Helpline number.
* * * * *

[[Page 5380]]

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
6. The authority citation for Part 157 continues to read as follows:

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


0
7. Section 157.203(d)(1)(iii)(D) is revised to read as follows:


Sec.  157.203  Blanket certification.

* * * * *
    (d) * * *
    (1) * * *
    (iii) * * *
    (D) Instruct landowners that, if they are still not satisfied with 
the response, they may contact the Commission's Landowner Helpline at 
the current telephone number and email address, which is to be provided 
in the notification.
* * * * *

PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL 
POLICY ACT

0
8. The authority citation for Part 380 continues to read as follows:

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


0
9. Section 380.15(c)(1)(ii)(C) is amended to read as follows:


Sec.  380.15  Siting and maintenance requirements.

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (C) A description of the Commission's Landowner Helpline, which an 
affected person may contact to seek an informal resolution of a dispute 
as explained in Sec.  1b.22(a) of this chapter and the Landowner 
Helpline number.
* * * * *
[FR Doc. 2016-01812 Filed 2-1-16; 8:45 am]
 BILLING CODE 6717-01-P


