SUPPLEMENTARY INFORMATION:

Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer, Philip D. Moeller, and John R. Norris.

Technical Corrections to Commission's Regulations

Docket No. RM10-26-000

Order No. 737

Final Rule

Issued July 14, 2010.

I. Introduction

1. This Final Rule corrects a number of the Commission's regulations to bring them up to date or make them consistent with other provisions. The revisions are intended to be ministerial and/or informational in nature, as explained below.

II. Discussion

A. Minor Revisions Correcting Outdated Nomenclature, Addresses, and Provisions

2. Parts 3b, 46, and 152 of Title 18 of the Code of Federal Regulations, this Final Rule corrects all references, where appropriate, to the “FPC” (Federal Power Commission; the predecessor to the Federal Energy Regulatory Commission) to read “FERC” or “Federal Energy Regulatory Commission.” Also in these sections, multiple obsolete or outdated references relating to the FERC organizational structure are replaced or updated as appropriate. This Final Rule also revises incorrect references to a former FERC address and deletes regulatory provisions that no longer exist. This Final Rule also removes certain nomenclature to be consistent with other provisions of our regulations. See new 18 CFR 4.12 and 4.22 (2010).

B. Minor Revisions Incorporating by Reference Web Site Language and Removing References to Paper Copies as Part of the Commission's Filing Procedures

3. For Parts 2, 4, 5, 8, 11, 16, 24, 32, 34, 45, 46, 152, 153, 156, 385, and 388, this Final Rule incorporates by reference the “how to file” requirements located on the Commission's Web site in order to reflect our current electronic filing options. These filing options are routinely modified to capture information and technology updates as well as updates to general filing procedures. In Part 2, a reference to multiple paper copies is replaced by a reference to updated filing procedures as posted on the Commission Web site. FERC now has paperless electronic filing options for nearly all documents submitted to the Commission and references to a certain number of paper copies have been revised.^[1] Part 4 is revised to remove multiple references to “certified mail,” which is no longer a requirement. See new 18 CFR 4.4; 4.12; 4.22 (2010). Parts 9 and 156 are revised to remove a reference to paper copies as part of filing procedures and Part 157 is revised to remove a section related to outdated file formats. Part 388 replaces language that requires a “written statement” with “statement.” See new 18 CFR 3b.203(b) (2010).

C. Minor Revisions Removing Obsolete References to Filing Fees

4. Parts 32, 34, 45, 152, 156, and 157 are all revised by removing language referencing filing fees. These filing fees are no longer required by the Commission.

D. Minor Revisions Removing Obsolete References to Form of Notice

5. Parts 33, 34, and 39 are all revised by removing language referencing forms of notice. The notices for these filings are now included in the Combined Notice Process.

E. Minor Revisions Replacing Incorrect Order Number References

6. To correct prior typographical errors, Part 35 is revised by replacing multiple references to “Order 741” with “Order 714.”

III. Information Collection Statement

7. 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 (2010). This Final Rule contains no information reporting requirements, and is not subject to OMB approval.

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.^[2] This Final Rule is not such an action, and 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. 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 ( printed page 43401) procedural, ministerial or internal administrative actions. 18 CFR 380.4(1) and (5). This Final Rule is therefore exempt.

V. Regulatory Flexibility Act Certification

9. 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.

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 Web site ( 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.

11. From the Commission's Web site 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.

12. User assistance is available for eLibrary and the Commission's Web site during normal business hours from 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, TTY 202-502-8659 (e-mail at public.referenceroom@ferc.gov).

VII. Effective Date and Congressional Notification

13. These regulations are effective on the date of publication in the Federal Register . In accordance with 5 U.S.C. 553(d)(3) (2006), the Commission finds that good cause exists to make this Final Rule effective immediately. It makes minor revisions with respect to matters of internal operations and is unlikely to affect the rights of persons appearing before the Commission. There is therefore no reason to make this rule effective at a later time.

14. 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.

15. The Commission is issuing this 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 is amending parts 2, 3b, 4, 5, 8, 9, 11, 16, 24, 32, 33, 34, 35, 39, 45, 46, 152, 153, 156, 157, 385, and 388 of Chapter I, Title 18, Code of Federal Regulations, by making the following technical corrections:

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

Authority: (Secs. 308, 309; 49 Stat. 858; 16 U.S.C. 825g, 825h; secs. 15, 16; 52 Stat. 829, ( printed page 43402) 830; 15 U.S.C. 717n, 717o) [Order 211, 24 FR 1345, Feb. 21, 1959, as amended by Order 463, 37 FR 28054, Dec. 20, 1972; 38 FR 3192, Feb. 2, 1973; 44 FR 34941, June 18, 1979; 45 FR 21224, Apr. 1, 1980; Order 541, 57 FR 21733, May 22, 1992; Order 603, 64 FR 26603, May 14, 1999; Order 2002, 68 FR 51115, Aug. 25, 2003]

2. In § 2.1, paragraphs (a) introductory text and (b), the phrase “mailing” is removed and the phrase “mailing or e-mailing” is added in its place.

3. In § 2.9, paragraph (b), the phrase “the Federal Power Commission, Office of Public Information, Washington, DC 20426” is removed and the phrase “the Federal Energy Regulatory Commission, Washington, DC 20426” is added in its place.

4. In § 2.13, paragraph (b), the phrase “the Office of Public Information, Federal Power Commission, Washington, DC 20426” is removed and the phrase “the Federal Energy Regulatory Commission, Washington, DC 20426” is added in its place.

5. In § 2.55, paragraph (b)(4), the phrase “on electronic media pursuant to § 385.2011 of this chapter, accompanied by 7 paper copies” is removed and the phrase “in accordance with filing procedures posted on the Commission's Web site at http://www.ferc.gov.” is added in its place.

6. In § 2.57, in the first sentence, the phrase “Federal Power Commission” is removed and the phrase “Federal Energy Regulatory Commission” is added in its place.

7. The authority citation for Part 3b continues to read as follows:

Authority: Federal Power Act, as amended, sec. 309, 49 Stat. 858-859 (16 U.S.C. 825h); Natural Gas Act, as amended, sec. 16, 52 Stat. 830 (15 U.S.C. 717o); and Pub. L. 93-579 (88 Stat. 1896).

8. In § 3b.1, in the first sentence, the phrase “Federal Power Commission's” is removed and the phrase “Federal Energy Regulatory Commission's” is added in its place.

9-10. In § 3b.203, paragraph (b), the acronym “FPC” is removed and the acronym “FERC” is added in its place, and the phrase “specifically 18 CFR 3.207(e) and 3.228(d)” is removed, and in paragraph (c), the phrase “Director, Office of Personnel Programs” is removed and the phrase “Director, Human Resources Division” is added in its place.

11. In § 3b.221, paragraph (d)(2), the phrase “Federal Power Commission, 825 North Capitol Street, NE., Washington, DC 20426” is removed and the phrase “Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426” is added in its place.

12. In § 3b.224, paragraph (c)(2), the phrase “Federal Power Commission, 825 North Capitol Street, NE., Washington, DC 20426” is removed and the phrase “Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426” is added in its place.

13. 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.

14. In § 4.4, the phrase “by certified mail” is removed, and the phrase “or if the States has not regulatory agency” is removed and the phrase “or if the State has no regulatory agency” is added in its place.

15. In § 4.12, the phrase “by certified mail” is removed.

16. In § 4.22, the phrase “by certified mail” is removed.

17-19. In § 4.32:

a. In paragraph (b)(1), the phrase “must submit to the Commission's Secretary for filing an original and eight copies of the application or petition” is removed and the phrase “must submit the application or petition to the Secretary of the Commission in accordance with filing procedures posted on the Commission's Web site at http://www.ferc.gov.” is added in its place;

b. In paragraph (b)(2), the phrase “must submit to the Commission's Secretary for filing an original and eight copies of the application” is removed and the phrase “must submit the application to the Secretary of the Commission in accordance with filing procedures posted on the Commission's Web site at http://www.ferc.gov.” is added in its place; and

c. In paragraph (e)(1)(i), the fifth sentence is revised to read as follows:

20. 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.

21. In § 5.3, revise paragraph (d)(2)(vi) to read as follows:

22. In § 5.5, paragraph (b) introductory text, the phrase “with the Commission pursuant to the requirements of Subpart T of Part 385 of this chapter an original and eight copies of a letter” is removed and the phrase “with the Secretary of the Commission in accordance with filing procedures posted on the Commission's Web site at http://www.ferc.gov, a letter” is added in its place.

23. In § 5.6, paragraph (a)(1), the phrase “with the Commission an original and eight copies” is removed and the phrase “with the Secretary of the Commission in accordance with filing procedures posted on the Commission's Web site at http://www.ferc.gov” is added in its place.

24. 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.

25. In § 8.11, paragraph (a)(1), the phrase “shall prepare with respect to each development within such project an original and two copies of FERC Form No. 80 prescribed by § 141.14 of this chapter and submit them to a the Commission pursuant to the requirements in the General Information portion of the form” is removed and the phrase “shall prepare with respect to each development within such project a FERC Form No. 80 and submit them to the Secretary of the Commission in accordance with filing procedures posted on the Commission's Web site at http://www.ferc.gov.” is added in its place.

26. The authority citation for Part 9 continues to read as follows:

Authority: Sec. 8, 41 Stat. 1068, sec. 309, 49 Stat. 858; 16 U.S.C. 801, 825h; Pub. L. 96—511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.)

27. Section 9.10 is revised to read as follows:

28. The authority citation for Part 11 continues to read as follows:

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

29. In § 11.6(i), the second sentence is revised to read as follows:

30. The authority citation for Part 16 continues to read as follows:

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

31. In§ 16.6(b) introductory text, the phrase “must file with the Commission an original and fourteen copies of” is removed and the phrase “must file with the Secretary of the Commission in accordance with filing procedures posted on the Commission's Web site at http://www.ferc.gov” is added in its place.

32. The authority citation for Part 24 continues to read as follows:

Authority: 16 U.S.C. 791a-825r; 44 U.S.C. 3501 et seq.; 42 U.S.C. 7101-7352.

33. In § 24.1, revise the first sentence to read as follows:

34. The authority citation for Part 32 is revised to read as follows:

Authority: 42 U.S.C. 7101-7352; E.O. No. 12,009, 3 CFR 1978 Comp., p. 142; 31 U.S.C. 9701; 16 U.S.C. 791a-825r; 16 U.S.C. 2601-2645 (1988).

35. In § 32.1, the section heading is revised as set forth below, and the phrase “shall be accompanied by the fee prescribed in Part 381 of this chapter and” is removed from the introductory text.

36. Section 32.4 is revised to read as follows:

37. The authority citation for part 33 is revised to read as follows:

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

38. Section 33.6 is removed.

39. In § 33.8, revise the first sentence to read as follows:

40. 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.

41. In § 34.3, remove paragraph (k).

42. Section 34.7 is revised to read as follows:

43. Remove § 34.9.

44. Section 34.10 is redesignated as § 34.9.

45. 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.

46-47. Section 35.0 is removed.

48. In § 35.33, paragraph (c), the phrase “Commission's Library, Room 95-01” is removed and the phrase “Commission” is added in its place. The phrase http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html is removed and the phrase http://www.archives.gov/​federal-register/​cfr/​ibr-locations.html is added in its place.

49. The authority citation for Part 39 continues to read as follows:

Authority: 16 U.S.C. 824o.

50. In § 39.7, paragraph (d)(6) is removed and paragraph (d)(7) is redesignated as paragraph (d)(6).

51. The authority citation for Part 45 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; 3 CFR 142.

52. Section 45.7 is revised to read as follows:

53. In § 45.8, the section heading and introductory text are revised to read as follows:

54. The authority citation for Part 46 is revised to read as follows:

Authority: 16 U.S.C. 792-828c; 16 U.S.C. 2601-2645; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR 142.

55. In § 46.3, the second sentence of paragraph (a) is revised to read as follows:

56. In § 46.4 introductory text, the phrase “the Office of the Secretary of the Commission a written statement” is removed and the phrase “the Secretary of the Commission a statement” is added in its place.

57. In § 46.6, the section heading is revised and in paragraph (d)(3), the phrase “shall be available to the public during regular business hours through the Commission's Office of Public Information” is removed and the phrase “shall be available to the public through the Commission's eLibrary system on http://www.ferc.gov ” is added in its place.

The revision reads as follows:

58. The authority citation for Part 152 continues to read as follows:

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

59. Section 152.2 is revised to read as follows:

60. In § 152.3, the section heading is revised and in the introductory text, the phrase “shall be accompanied by the fee prescribed in part 381 of this chapter or a petition for waiver pursuant to § 381.106 of this chapter and” is removed.

The revision reads as follows:

61. In § 152.5, the phrase “Federal Power Commission” is removed in each of the two places in which it appears and the phrase “Federal Energy Regulatory Commission” is added in both places.

62. 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).

63. In § 153.20, paragraph (a) is revised to read as follows:

64. The authority citation for Part 156 is revised to read as follows:

Authority: 52 Stat. 824, 829, 830; 56 Stat. 83, 84; 15 U.S.C. 717f, 717f(a), 717n, 717o.

65. In § 156.3, the section heading and paragraph (a) are revised, and in paragraph (b) introductory text, the phrase “shall be accompanied by the fee prescribed in part 159 of this subchapter and” is removed.

The revisions read as follows:

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

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

67. In § 157.6, paragraph (a)(5) is removed and paragraph (a)(6) is redesignated as paragraph (a)(5), and in paragraph (b) introductory text, the phrase “shall be accompanied by the fee prescribed in part 381 of this chapter or a petition for waiver pursuant to § 381.106 of this chapter and” is removed.

68. 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).

69. In § 385.1901, in the address given in paragraph (c)(2), the phrase “Suite 8000, 825 North Capitol Street, NE.” is removed and the phrase “888 First Street, NE.” is added in its place.

70. Section 385.2004 is revised to read as follows:

71. In § 385.2012, the phrase “825 North Capitol Street, NE.” is removed and the phrase “888 First Street, NE.” is added in its place.

72. 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.

73. In § 388.112, paragraph (b) is revised to read as follows: