[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Rules and Regulations]
[Pages 46438-46440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18950]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM19-18-000; Order No. 862]


Formal Requirements for Filings in Proceedings Before the 
Commission

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission or FERC) 
amends its regulations concerning the process for delivering filings 
and submissions to the Commission. Specifically, the Commission's 
regulations are revised to require that filings and submissions to be 
delivered to the Commission, other than by the United States Postal 
Service (USPS), are instead to be sent to the Commission's off-site 
security screening facility. The regulations still permit USPS mail to 
be sent directly to the Commission's headquarters.

DATES: This rule is effective November 4, 2019.

FOR FURTHER INFORMATION CONTACT: 
    Christopher Cook, Office of the Secretary, 888 First Street NE, 
Washington, DC 20426, (202) 502-8102, christopher.cook@ferc.gov.
    Mark Hershfield, Office of the General Counsel, 888 First Street 
NE, Washington, DC 20426, (202) 502-8597, mark.hershfield@ferc.gov./

SUPPLEMENTARY INFORMATION:

I. Introduction

    1. The Federal Energy Regulatory Commission (Commission or FERC) 
amends its regulations concerning the process for submitting hardcopy 
filings and submissions \1\ to the Commission.\2\ Specifically, this 
final rule revises 18 CFR 385.2001(a) to require that deliveries of 
filings and submissions other than by the United States Postal Service 
(USPS) are to be sent to an off-site facility for security screening 
and processing.\3\ The regulations still permit USPS mail to be sent 
directly to the Commission's headquarters.
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    \1\ While the current version of 18 CFR 385.2001 addresses 
filings submitted to the Commission, the revisions herein clarify 
that the subsection applies to other forms of correspondence sent to 
the Commission.
    \2\ See 18 CFR 385.2001.
    \3\ Non-USPS carriers include, for example, FedEx, DHL, and 
United Parcel Service.
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II. Background

    2. The Government Accounting Office (GAO) has issued a report 
indicating that, since the fall of 2001, the rate of incidents 
involving threats via the mail has increased ``due in part to hoaxes 
and concerns about leakages from mail that had previously been 
routinely handled.'' \4\ More recently, in October 2018, package bombs 
sent to politicians and newsrooms prompted many organizations to assess 
mail screening and security procedures to reduce vulnerabilities.\5\ 
The GAO report concluded that ``[m]ail continues to be a potential 
venue'' for threats and that ``[p]reparation involves having the 
procedures, plans, and training in place.'' \6\ Further, the U.S. 
Department of Homeland Security (DHS) recommends that deliveries 
submitted to agencies should be ``received, screened, sorted,

[[Page 46439]]

and prepared for delivery'' at an offsite facility.\7\
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    \4\ See U.S. Government Accountability Office, Mail Security: 
Incidents at DOD Mail Facilities Exposed Problems That Require 
Further Actions (Sept. 2006), at 5, https://www.gao.gov/assets/260/251532.pdf [GAO Report].
    \5\ See Gregory Korte, John Bacon, and Jorge L. Ortiz, 
Suspicious Packages Prompt Nationwide Security Response, USA Today 
(Oct. 24, 2018), https://www.usatoday.com/story/news/nation/2018/10/24/suspicious-packages-mail-security-response-obama-clinton-holder-soros-cnn/1751077002/ (Last visited July 17, 2019).
    \6\ GAO Report at 41; see also 41 CFR 102-192.70(a) (providing 
that agencies should have a mail security policy that applies to 
their mail management programs).
    \7\ See U.S. Department of Homeland Security, Best Practices for 
Managing Mail Screening and Handling Processes: A Guide for the 
Public and Private Sectors, at 17 (Sept. 2012) https://www.dhs.gov/sites/default/files/publications/isc-mail-handling-screening-nonfouo-sept-2012-508.pdf. [DHS Best Practices].
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    3. The Commission has reviewed its protocols on hardcopy/hand-
delivered submissions to the agency. The Commission's regulations 
currently provide that filers should send hard-copy submissions 
directly to the Commission's principal office, which is located at 888 
First Street NE, Washington, DC 20426.\8\ Upon review, the Commission 
has determined that sending hard-copy/hand-delivered submissions to an 
off-site facility for security screening and processing, prior to being 
delivered to the Commission's principal office, would better protect 
the safety of the Commission, its employees, and the public.
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    \8\ See 18 CFR 385.2001(a).
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III. Discussion

    4. The purpose of this final rule is to protect the general public 
and Commission employees from potential security risks related to 
hardcopy/hand-delivered submissions. Revising the Commission's 
procedures to have hardcopy/hand-delivered submissions delivered to an 
off-site facility for security screening, before delivery to the 
Commission, acknowledges the findings in the GAO Report and comports 
with the recommendation from DHS.\9\
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    \9\ See DHS Best Practices at 17.
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    5. Accordingly, this final rule amends the Commission's regulations 
to provide that members of the public are required to send hardcopy 
submissions, other than those sent through USPS, to an off-site 
facility at 12225 Wilkins Avenue, Rockville, Maryland 20852. Hand-
deliveries can be provided to the off-site facility in-person (by the 
filing entity or its designee) during the hours of 7:00 a.m. to 3:30 
p.m.\10\ The off-site facility will sort, screen, and prepare the 
filings and submissions for delivery to the Commission. Filings and 
submissions sent though USPS can continue to be mailed to the 
Commission's principal office in Washington, DC because USPS has 
existing ``security, screening, and control processes'' that comply 
with DHS best practices.\11\
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    \10\ The current regulations provide that all filings should be 
made to the Commission's headquarters. Filings that are directed to 
the regional offices should continue to be submitted in accordance 
with current procedures or as directed.
    \11\ DHS Best Practices at 11; see also Alex Dobuzinskis, 
Screening for Poisons, Explosives in Mail a Daily Reality After U.S. 
Threats, Reuters (Oct. 3, 2018) (USPS ``has developed a 
comprehensive approach to protecting the mail system by utilizing a 
targeted strategy of specialized technology, screening protocols and 
employee training.'').
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    6. The revisions adopted here will not affect the public's ability 
to make timely filings. As an initial matter, this final rule does not 
change the process for submitting electronic filings with the 
Commission. Unless a hardcopy filing or submission is required, the 
public is strongly encouraged to submit filings and submissions 
electronically, through the Commission's eFiling application, at 
https://www.ferc.gov/.\12\ For deliveries and documents sent through 
means other than USPS, those filings and submissions will be considered 
``received'' by the off-site facility. The off-site facility will log 
all deliveries when received and will provide the Commission with the 
log so that the documents may be stamped appropriately and recorded by 
the Commission as received on that date, consistent with the date and 
time on the log.
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    \12\ See 18 CFR 385.2001(a)(1)(iii). Other agencies have also 
urged the public to use electronic filing. See 17 CFR 232.14 
(providing that the Securities and Exchange Commission will not 
accept paper filings for certain submission unless an exemption is 
provided).
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    7. The Commission's principal office for business and its 
headquarters address will remain 888 First Street NE, Washington, DC 
20426.\13\ After this rule becomes effective, however, Commission staff 
at headquarters will no longer accept deliveries and hardcopy filings 
sent through carriers other than USPS. As noted above, for security 
reasons, deliveries to the Commission's headquarters other than by USPS 
will be rejected. Such filings and submissions would not be considered 
received until re-submitted in accordance with the revisions adopted 
herein.
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    \13\ 42 U.S.C. 7171(h) (providing that ``[t]he principal office 
of the Commission shall be in or near the District of Columbia, 
where its general sessions shall be held . . .'').
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IV. Information Collection Statement

    8. The Office of Management and Budget (OMB) approves certain 
information collection requirements imposed by agency rule.\14\ 
However, this final rule does not contain any additional information 
collection requirements. Therefore, compliance with OMB's regulations 
is not required.
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    \14\ 5 CFR 1320.12.
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V. Environmental Analysis

    9. 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.\15\
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    \15\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, 52 FR 47897, FERC Stats. & Regs. ] 30,783 (Dec. 
17, 1987).
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    10. 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.\16\ Accordingly, this rulemaking is 
exempt from the requirement to draft such documents under that 
provision.
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    \16\ 18 CFR 380.4(a)(1).
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VI. Regulatory Flexibility Act

    11. The Regulatory Flexibility Act of 1980 (RFA) \17\ generally 
requires a description and analysis of final rules that will have a 
significant economic impact on a substantial number of small entities. 
This final rule concerns a modification of current Commission 
regulations and practices. The Commission certifies that it will not 
have a significant economic impact upon participants in Commission 
proceedings. An analysis under the RFA is therefore not required.
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    \17\ 5 U.S.C. 601-12.
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VII. Document Availability

    12. 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.
    13. 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.
    14. User assistance is available for eLibrary and the Commission's 
website 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.

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VIII. Effective Date

    15. The Commission is issuing this rule as a final rule without a 
period for public comment. Under 5 U.S.C. 553(b)(3)(A), notice-and-
comment rulemaking procedures are unnecessary for ``rules of agency 
organization, procedure, or practice.'' This rule is therefore exempt 
from notice-and-comment rulemaking procedures, because it concerns the 
Commission's mail procedures and practices. In particular, the rule is 
directed at improving the safety of the Commission, its employees, and 
the public, not toward a determination of the rights or interests of 
affected parties. The rule will not significantly affect regulated 
entities or the general public.
    16. This rule is effective November 4, 2019.

List of subjects in 18 CFR Part 385

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

    By the Commission.

    Issued: August 28, 2019.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission amends part 385, 
chapter I, title 18, Code of Federal Regulations, as follows:

PART 385--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 385 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 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); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note 
(2015).

0
2. In Sec.  385.2001, the section heading and paragraphs (a)(1)(i) and 
(ii) are revised to read as follows:


Sec.  385.2001   Filings and Other Submissions.

    (a) * * *
    (1) * * *
    (i) Mailing the document through the United States Postal Service 
to the Secretary, Federal Energy Regulatory Commission, 888 First 
Street NE, Washington, DC 20426;
    (ii) Delivering the document by any source other than United States 
Postal Service to the Federal Energy Regulatory Commission, 12225 
Wilkins Avenue, Rockville, Maryland 20852; or
* * * * *

[FR Doc. 2019-18950 Filed 9-3-19; 8:45 am]
 BILLING CODE 6717-01-P


