SUPPLEMENTARY INFORMATION:

Before Commissioners: Pat Wood, III, Chairman; Nora Mead Brownell, Joseph T. Kelliher, and Suedeen G. Kelly.

1. This Final Rule revises the Federal Energy Regulatory Commission's (Commission's) regulations to simplify the format requirements specified for various notices that are submitted to the Commission. It also contains a number of corrections to information references in various regulations.

2. Currently, several of the Commission's regulations require the inclusion of a form of notice with the filing and require that such forms of notice employ specified formats. These formats include headings, informational content, and similar, non-substantive matters. As the Commission continues to rely more heavily on electronic systems for document submission, detailed format requirements may interfere with its ability to employ upgrades and other improvements. Consequently, the Commission is deleting the format requirements listed below and replacing them with a reference to a new subsection, 18 CFR 385.203(d). That provision, in turn, refers to the Commission's Web site or Public Reference Room for instructions on form of notice formats. The Secretary will issue instructions that will be placed in both locations. This revision will provide for more uniform formatting and make it easier for the Commission to update form of notice formatting by eliminating the need for a rulemaking with every change.

3. The affected provisions of Title 18 of the Code of Federal Regulations are as follows:

• § 33.6—Notices of applications to authorize disposition of jurisdictional facilities.
• § 34.3(k)—Applications for issuance of securities.
• § 35.8(b)—Protests or interventions relating to electric service tariff filings.
• § 36.1(b)(1)—Applications for transmission service under section 211 of the Federal Power Act.
• § 154.209—Notice of proposed changes in gas tariff or of compliance filing.
• § 157.6(b)(7)—Applications for certificates of public convenience and necessity and for orders approving abandonment.
• § 157.205(b)(5)—Prior notice of activity pursuant to blanket certificate under section 7 of the Natural Gas Act. ( printed page 32437)
• § 292.207(b)(4)—Applications for qualifying facility status.
• § 300.10(a)(1)—Applications for confirmation and approval of rates of Federal Power Marketing Administrations.
• § 365.3(c)—Applications for exempt wholesale generator status.
• § 385.206(b)(10)—Complaints.
• § 385.1104(a)(5)—Petitions for adjustments under the Natural Gas Policy Act. All of these provisions except §§ 157.6(b)(7), 157.205(b)(5) and 385.1104(a)(5) currently contain requirements that notices be provided on diskette. In order to retain these requirements, the revisions provide that the Secretary will specify electronic media.

4. In addition to notice format provisions, the Commission is revising various information references, such as addresses and URLs, that are out of date. Finally, this Final Rule deletes two provisions from the rules governing filings. Section 385.2003(c)(3) currently provides that confidential documents may not be filed via the internet. Section 385.2003(c)(4) provides that documents qualified for electronic filings may not be combined with other documents. These provisions are inconsistent with the Commission's decision, in section 385.2003(c)(2), to delegate to the Secretary the authority to determine what documents may be filed via the internet. They are therefore being deleted.

Information Collection Statement

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

Environmental Analysis

6. 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.^[1] Issuance of this Final Rule does not represent a major Federal action having a significant adverse effect on the human environment under the Commission's regulations implementing the National Environmental Policy Act.^[2] Part 380 of the Commission's regulations lists exemptions to the requirement that an Environmental Analysis or Environmental Impact Statement be done. Included is an exemption for procedural, ministerial or internal administrative actions. 18 CFR § 380.4(1) and (5). This rulemaking is exempt under that provision.

Regulatory Flexibility Act Certification

7. The Regulatory Flexibility Act of 1980 (RFA)^[3] 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 a matter 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.

Document Availability

8. 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.

9. From FERC's Home Page on the Internet, this information is available in the Commission's document management system, 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.

10. User assistance is available for eLibrary and the FERC's Web site during normal business hours from FERC Online Support at FERCOnlineSupport@ferc.gov or toll-free at (866) 208-3676, or for TTY, contact (202) 502-8659.

Effective Date

11. These regulations are effective July 12, 2004.

12. The provisions of 5 U.S.C. 801 regarding Congressional review of final rules do not apply to this Final Rule, because the rule concerns agency procedure and practice and will not substantially affect the rights of non-agency parties.

13.The Commission is issuing this as a Final Rule without a period for public comment. Under 5 U.S.C. 553(b), notice and comment procedures are unnecessary where a rulemaking concerns only agency procedure and practice, or where the agency finds that notice and comment is unnecessary. This rule concerns only matters of agency procedure and will not significantly affect regulated entities or the general public.

In consideration of the foregoing, the Commission amends parts 1b, 4, 11, 12, 33, 34, 35, 36, 154, 157, 292, 300, 365, 375, 385, and 388, Chapter I, Title 18, Code of Federal Regulations, as follows.

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

Authority: 15 U.S.C. 717 et seq.;16 U.S.C. 792 et seq.;49 U.S.C. 60502; 49 App. U.S.C. 1-85; 42 U.S.C. 7101-7352; E.O. 12009, 42 FR 46267.

2. Section 1b.21 is amended by revising paragraph (f) to read as follows:

3. 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.

4. Section 4.303 is amended in paragraphs (a)(2) and (e)(2) by removing the phrase “Hydropower Licensing” and adding its place the phrase “Energy Projects.”

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

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

6. Section 11.3 is amended in paragraph (d) by removing the phrase “Hydropower Licensing” and adding in its place the phrase “Energy Projects.”

7. The authority citation for part 12 is revised to read as follows:

Authority: 16 U.S.C. 792-828c; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR 142 (1978).

8. Part 12 is amended throughout the part by removing the phrase “Hydropower Licensing” wherever it appears and adding in its place the phrase “Energy Projects.”

9. Section 12.3(b)(10) is amended by removing the phrase “Fort Worth” and adding in its place the phrase “Portland.”

10. 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.

11. Section 33.6 is revised to read as follows:

12. The authority citation for part 34 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.

13. Section 34.3 is amended by revising paragraph (k) to read as follows:

14. The authority citation for part 35 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.

15. Section 35.8 is amended by revising paragraph (b) to read as follows:

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

Authority: 5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 31 U.S.C. 9701; 42 U.S.C. 7101-7352.

17. Section 36.1 is amended by revising paragraph (b)(1) to read as follows:

18. 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.

19. Section 154.209 is revised to read as follows:

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

Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.

21. Section 157.6 is amended by revising paragraph (b)(7) to read as follows:

22. Section 157.205 is amended by revising paragraph (b)(5) to read as follows:

23. 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.

24. Section 292.207 is amended by revising paragraph (b)(4) to read as follows:

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

Authority: 16 U.S.C. 825s, 832-8321, 838-838k, 839-839h; 42 U.S.C. 7101-7352; 43 U.S.C. 485-485k.

26. Section 300.10 is amended by revising paragraph (a)(1) to read as follows:

27. The authority citation for part 365 continues to read as follows:

Authority: 15 U.S.C. 79.

28. Section 365.3 is amended by revising paragraph (c) to read as follows:

29. 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.

30. Section 375.101 is amended by revising paragraph (b) to read as follows:

31. Section 375.105 is amended by revising paragraph (c) to read as follows:

32. 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-825r, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988).

33. Section 385.203 is revised by adding paragraph (d) as follows:

( printed page 32440)

34. Section 385.206 is amended by revising paragraph (b)(10) to read as follows:

35. Section 385.1104 is amended by revising paragraph (a)(5) to read as follows:

36. Section 385.2001 is amended by revising paragraph (a)(1)(iii) and the following note to read as follows:

37. Section 385.2003 is amended by removing paragraphs (c)(3) and (c)(4), redesignating paragraph (c)(5) as (c)(3), and revising paragraph (c)(1)(ii) to read as follows:

38. Section 385.2010 is amended in paragraph (i)(3) by removing the term “ http://www.ferc.fed.us ” and adding in its place the term “ http://www.ferc.gov. ”

39. The authority citation for part 388 continues to read as follows:

Authority: 5 U.S.C. 301-305, 551, 552 (as amended), 553-557; 42 U.S.C. 7101-7352.

40. Section 388.106 is amended by revising the section heading and paragraph (a) to read as follows: