Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Rules and Regulations

Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Rules and Regulations

Commission Procedures During

Periods of Emergency Requiring

Activation of Continuity of Operations

Plan

requirements.1 The COOP Plan is

designed to ensure that the Commission

is able to quickly restore its ability to

perform essential functions should such

conditions occur.2 The rule temporarily

suspends filing requirements and

ensures that deadlines for Commission

actions that fall during the period the

plan is in operation are met, thereby

providing continuity in the conduct of

the Commission’s business and

certainty to parties with business before

the Commission.3

Issued July 20, 2006.

II. Discussion

AGENCY: Federal Energy Regulatory

A. Acceptance and Suspension of

Pending Filings Requiring Commission

Action by a Date Certain

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 376

[Docket No. RM06–19–000, Order No. 680]

Commission, DOE.

ACTION: Final rule.

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SUMMARY: In this rule the Commission

establishes procedures with regard to

filing and other requirements if the

Commission is required to implement

its Continuity of Operations Plan in

response to an emergency situation that

disrupts communications to or from the

Commission’s headquarters or which

otherwise impairs headquarters

operations. The rule temporarily

suspends filing requirements and

ensures that deadlines for Commission

actions that fall during the period the

plan is in operation are met, thereby

providing continuity in the conduct of

the Commission’s business and

certainty to parties with business before

the Commission.

EFFECTIVE DATE: The rule will become

effective July 20, 2006.

FOR FURTHER INFORMATION CONTACT: John

Clements, Office of the General Counsel,

Federal Energy Regulatory Commission,

Room 101–57, 888 First St., NE.,

Washington, DC 20426, 202–502–8070.

SUPPLEMENTARY INFORMATION: Before

Commissioners: Joseph T. Kelliher,

Chairman; Nora Mead Brownell, and

Suedeen G. Kelly.

2. The rule provides for the

acceptance and suspension, during

emergencies that disrupt normal

operations and communications and

require activation of the COOP Plan,4 of

pending filings upon which the

Commission would be required to act by

a date certain during the period of

emergency. The effective date(s) of such

filings shall be the date(s) requested, to

be effective subject to refund and further

order of the Commission. These include

filings made pursuant to:

• Section 4 of the Natural Gas Act;

• Section 205 of the Federal Power

Act; and

• Section 6(3) of the Interstate

Commerce Act.

B. Electric Reliability Organization

Penalties

I. Introduction

3. If the date on which a penalty

imposed by an Electric Reliability

Organization pursuant to FPA § 215

would take effect falls during a period

when the COOP Plan is activated,

review of such penalty by the

Commission will be deemed to be

initiated and the penalty shall be stayed

pending further action by the

Commission.

1. The Federal Energy Regulatory

Commission (Commission) is amending

its regulations to modify certain filing

requirements and establish procedures

to be effective during emergencies

affecting the Commission that require it

to implement its Continuity of

Operations Plan (COOP Plan). The

COOP Plan was developed to address

emergency conditions lasting up to 30

days during which Commission

headquarters operations may be

temporarily disrupted or

communications may be temporarily

unavailable, either of which may

prevent the public or the Commission

from meeting regulatory or statutory

1 The emergency conditions which might trigger

activation of the COOP Plan are not identical to

‘‘emergency conditions’’ as heretofore defined in 18

CFR 376.201. One of the revisions discussed below

modifies that section to cover the emergency

conditions that would trigger activation of the

COOP Plan.

2 More information concerning the COOP Plan

can be found on the Commission’s Web site at

www.ferc.gov/coop.asp.

3 Activation of the COOP Plan affects

communications with headquarters only, and does

not affect communications required to be made

directly to the Commission’s Regional Offices.

4 Not all disruptions of communications with the

Commission’s headquarters will require activation

of the COOP Plan and the triggering of these

regulations. For instance, a brief outage of eLibrary

that prevents entities from making electronic filings

would not trigger activation of the COOP Plan.

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42593

C. Consistency of State Action With

Reliability Standard

4. If the date by which a Commission

determination under FPA § 215 as to

whether a State action is inconsistent

with a reliability standard is required to

be made falls during a period when the

COOP Plan is activated, the

effectiveness of the State action will be

deemed to be stayed pending further

action by the Commission.

D. Tolling of Time Periods for

Commission Action

5. The rule also tolls for purposes of

further consideration the time periods

for certain Commission actions that will

be required during the emergency.

These include the:

• 60-day period for acting on requests

for Exempt Wholesale Generator or

Foreign Utility Company status;

• 60-day period for acting on

interlocking directorate applications;

• 90-day period for acting on requests

for certification of qualifying facility

status;

• 60-day period for acting on holding

company and transaction exemptions

and waivers;

• 180-day period for acting on public

utility and holding company

applications for dispositions,

considerations, or acquisitions;

• 150-day period for acting on

intrastate pipeline applications for

approval of proposed rates;

• Period ending 60 days prior to the

Electric Reliability Organization’s (ERO)

fiscal year for acting on the ERO’s

budget;

• 60-day period for acting on

notifications that a Reliability Standard

may conflict with a function, rule,

order, tariff, rate schedule or agreement;

• 60-day period for acting on

applications for review of a penalty

imposed by the ERO for violation of a

reliability standard;

• 45-day Protest period for protesting

Prior Notice Filings, and the 30-day

period for resolving and filing to

withdraw such Protests; 5

• 30-day period for acting on requests

for rehearing;

• Time periods prescribed in 18 CFR

385.714–715 for acting on interlocutory

appeals and certified questions.

E. Suspension of Certain Requirements

6. Disruptions to normal operations

and communications during an

5 The result of these suspensions is that no

facilities subject to the prior notice provisions of the

Commission’s blanket certificate regulations not

finally authorized prior to the activation of the

COOP Plan shall be constructed during its

activation in the absence of specific authorization

by the Commission.

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Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Rules and Regulations

emergency that require activation of the

COOP Plan could make compliance

with some Commission statutes,

regulations, or orders difficult or

impossible. This rule suspends those

requirements during the emergency. The

affected regulatory requirements include

mandatory filings, submissions, and

notifications, as well as voluntary

notices, contacts, or reports to the

Commission. They include:

• Filings to comply with Commission

orders, including orders issued by

administrative law judges;

• Filings required to be made by a

date certain under the Commission’s

regulations or orders;

• Motions to intervene and protests,

and notices of intervention;

• Comments responding to proposed

rulemakings or technical conferences;

• Responses to data requests;

• Self-reports of violations;

• Responses to staff audit reports;

• Contacts with the Commission’s

Enforcement Hotline;

• Accounting filings required by the

Commission’s Uniform Systems of

Accounts; and

• Forms, reports, and submissions

required to be filed by a date certain.

7. The rule also grants certain relief

with respect to the Commission’s

Standards of Conduct for Transmission

Providers that are also affected by the

emergency affecting the Commission.

Specifically, such Transmission

Providers may, for 30 days, delay

compliance with the requirement of

§ 358.4(a)(2) of the regulations 6 to

report to the Commission each

emergency that resulted in any

deviation from the Standards of

Conduct within 24 hours of such

deviation. Unless the emergency

prevents the Transmission Provider

from posting information on the OASIS

or Internet Web site, the Transmission

Provider must comply with those

posting requirements. The 30-day

period may be extended as necessary.

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F. Intention Not To Act

8. The rule provides that, during the

emergency conditions that require

activation of the COOP Plan, the

Commission will not initiate an

enforcement action under § 210(h)(2) of

the Public Utility Regulatory Policies

Act of 1978.7 Applicants may, as a

consequence, bring their own

enforcement actions in the appropriate

courts.

6 18 CFR 358.4(a)(2).

7 16 U.S.C. 824a–3(h)(2).

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G. Suspension of Proceedings Before

Administrative Law Judges

9. The rule also suspends all hearings,

prehearing conferences, settlement

conferences, and meetings before

administrative law judges while the

COOP Plan is activated.

H. Delegations of Authority

10. This rulemaking also revises the

Commission’s rules regarding

emergency operations to ensure that

delegations of authority will remain

effective in the event the COOP Plan is

activated. The revisions clarify

§ 376.206 of the Commission’s

regulations to specify with more

particularity what persons will be

authorized to exercise delegated

authority in the event the officials to

whom delegations are made under Part

375 are unavailable. Section

376.204(b)(2) also is being revised to

update the list of officials designated to

act on behalf of the Commission in the

event of an emergency. Finally, the

definition of ‘‘emergency condition’’

contained in § 376.201 is being revised

to include specifically any condition

that necessitates activation of the COOP

Plan.

I. Related Matters

11. The COOP Plan includes

procedures to inform the public when

the COOP Plan is activated, when

alternate channels of communication

are established, when normal operations

and communications are resumed, and

the length of any grace period to comply

with requirements that were suspended

during the emergency. A press release

will be sent to major wire services,

industry press, and appropriate

metropolitan area radio stations

announcing that the Commission has

activated the COOP Plan. The

Commission’s alternative Web site

(http://www.fercalt.gov) will be

activated and a notice that the COOP

Plan has been activated will be

prominently displayed thereon. The

alternative Web site will act as a

resource for the press, industry, and

general public. An additional press

release will be sent to appropriate media

outlets when the COOP Plan is

deactivated and the Commission’s

headquarters constituted, and

appropriate modifications made to the

alternative Web site.

12. Finally, during periods when the

COOP is activated, the Commission will

continue to act on requests to ensure

continued construction of essential

natural gas facilities with sensitive

construction timelines, on

Commencement of Service requests, and

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on completion of dam safety work, in a

manner consistent with the

maintenance of environmental

protections. The Commission will

further ensure that its personnel are

available to respond to and address:

Plant accidents or reportable incidents

at LNG facilities; dam safety, public

safety, and security incidents at

jurisdictional hydropower projects; and

regional and interregional bulk power

systems incidents and emergencies,

including blackouts. Alternate channels

of communication will include

measures to ensure that these activities

can go forward unhindered.

Regulatory Flexibility Act Certification

13. The Regulatory Flexibility Act of

1980 (RFA) 8 generally requires a

description and analysis of final rules

that will have significant economic

impact on a substantial number of small

entities.9 The Commission is not

required to make such an analysis if a

rule would not have such an effect. This

Final Rule merely temporarily suspends

or waives certain filings and other

requirements. Therefore, this Final Rule

will not have a significant economic

impact on a substantial number of small

entities and no regulatory flexibility

analysis is required.

Information Collection Statement

14. Office of Management and Budget

(OMB) regulations require OMB to

approve certain information collection

requirements imposed by agency rule.10

This Final Rule contains no new

information collections. Therefore, OMB

review of this Final Rule is not required.

Environmental Analysis

15. 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. Included in the exclusion

are rules that are clarifying, corrective,

or procedural or that do not

substantially change the effect of the

8 5 U.S.C. 601–12.

9 The RFA definition of ‘‘small entity’’ refers to

the definition provided in the Small Business Act,

which defines a ‘‘small business concern’’ as a

business which is independently owned and

operated and which is not dominant in its field of

operation. 15 U.S.C. 632. The Small Business Size

Standards component of the North American

Industry Classification System defines a small

electric utility as one that, including its affiliates,

is primarily engaged in the generation,

transmission, and/or distribution of electric energy

for sale and whose total electric output for the

preceding fiscal years did not exceed 4 million

MWh. 13 CFR 121.201.

10 5 CFR 1320.12.

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Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Rules and Regulations

regulations being amended.11 This rule

is procedural in nature and therefore

falls under this exception; consequently,

no environmental consideration is

necessary.

Document Availability

16. 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.

17. From the Commission’s Home

Page on the Internet, this information is

available in the 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 FERRIS, type the docket number

excluding the last three digits of this

document in the docket number field.

18. User assistance is available for

eLibrary and the Commission’s Web site

during normal business hours. For

assistance, please contact Online

Support at 1–866–208–3676 (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).

Effective Date and Congressional

Notification

19. These regulations are effective on

July 20, 2006. 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 nonagency parties. The Commission finds

that notice and public procedure are

unnecessary because no new burden or

regulatory requirement is imposed on

regulated entities or the general public.

For the same reason, the Commission

finds good cause to waive the customary

30-day notice period before the effective

date of this Final Rule.

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List of Subjects in 18 CFR Part 376

Civil defense, Organization and

functions (Government agencies).

11 Regulations Implementing the National

Environmental Policy Act, Order No. 486, 52 FR

47897 (Dec. 17, 1987), FERC Stats. & Regs.

Regulations Preambles 1986–1990 ¶ 30,783 (1987).

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By the Commission.

Magalie R. Salas,

Secretary.

■ In consideration of the foregoing, the

Commission amends part 376, Chapter I,

Title 18, Code of Federal Regulations, as

follows:

PART 376—ORGANIZATION, MISSION,

AND FUNCTIONS; OPERATIONS

DURING EMERGENCY CONDITIONS

■ 1. 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.

■ 2. In § 376.201, paragraph (a)(3) is

revised and paragraph (a)(4) is added to

read as follows:

§ 376.201

Emergency condition defined.

*

*

*

*

*

(a) * * *

(3) At a time specified by the

authority of the President; or

(4) At such time that the

Commission’s Continuity of Operations

Plan is activated; and

*

*

*

*

*

■ 3. In § 376.204, paragraphs (b)(2)(ii),

(b)(2)(v), (b)(2)(vi), (b)(2)(viii), (b)(2)(ix)

and (b)(2)(x) are revised to read as

follows:

§ 376.204 Delegation of Commission’s

authority during emergency conditions.

*

*

*

*

*

(b) * * *

(2) * * *

(ii) Director of the Office of Energy

Markets and Reliability;

*

*

*

*

*

(v) Director of the Office of

Enforcement;

(vi) Deputy Directors, Office of Energy

Markets and Reliability, in order of

seniority;

*

*

*

*

*

(viii) Deputy General Counsels, in

order of seniority;

(ix) Associate General Counsels and

Solicitor, in order of seniority;

(x) Assistant Directors and Division

heads, Office of Energy Markets and

Reliability; Assistant Directors and

Division heads, Office of Energy

Projects; Assistant General Counsels;

and Assistant Directors and Division

heads, Office of Enforcement; in order of

seniority.

*

*

*

*

*

■ 4. Section 376.206 is revised to read

as follows:

§ 376.206 Delegation of functions of

certain Commission staff members.

When, by reason of emergency

conditions, the Secretary, Director of

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42595

any Office or Division, or officer in

charge of a regional office, is not

available and capable of carrying out his

or her functions, such functions are

delegated to staff members designated

by the Chairman to perform such

functions. If no staff member so

designated is available and capable of

carrying out their functions, such

functions are delegated to the next

subordinate employee in the Office or

Division of the highest grade and

longest period of service in that grade.

If no subordinate employee of the Office

or Division is available and capable of

carrying out their functions, such

functions are delegated to the

Commission employee of the highest

grade and longest period of service in

that grade who is available and capable

of carrying out their functions.

■ 5. Section 376.209 is added to read as

follows:

§ 376.209 Procedures during periods of

emergency requiring activation of the

Continuity of Operations Plan.

(a)(1) The Commission’s Continuity of

Operations Plan is activated during

emergency conditions lasting up to 30

days during which Commission

headquarters operations may be

temporarily disrupted or

communications with the Commission’s

headquarters may be temporarily

unavailable, either of which may

prevent the public or the Commission

from meeting regulatory or statutory

requirements. The provisions of this

paragraph are effective upon activation

of the Plan. The Commission will notify

the public that the Plan has been

activated by sending a press release

announcing that fact to major wire

services, industry press, and appropriate

metropolitan area radio stations

announcing that the Commission has

activated the Plan. The Commission’s

alternative Web site (http://

www.fercalt.gov) will be activated and a

notice that the Plan has been activated

will be prominently displayed thereon.

The alternative Web site will act as a

resource for the press, industry, and

general public. An additional press

release will be sent to appropriate media

outlets when the Plan is deactivated and

the Commission’s headquarters

constituted, and appropriate

modifications made to the alternative

Web site.

(2) During periods when the

Continuity of Operations Plan is

activated, the Commission will continue

to act on requests to ensure continued

construction of essential natural gas

facilities with sensitive construction

timelines, on Commencement of Service

requests, and on completion of dam

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Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Rules and Regulations

safety work, in a manner consistent with

the maintenance of environmental

protections. The Commission will

further ensure that its personnel are

available to respond to plant accidents

or reportable incidents at LNG facilities,

and address dam safety, public safety,

and security incidents at jurisdictional

hydropower projects. Alternate

channels of communication will include

measures to ensure that these activities

can go forward unhindered.

(b) Standards of conduct for

transmission service providers. During

periods when the Commission’s

Continuity of Operations Plan is

activated, a Transmission Provider

affected by the same emergency

affecting the Commission may, for 30

days, delay compliance with the

requirement to report to the

Commission each emergency that

resulted in any deviation from the

standards of conduct within 24 hours of

such deviation. If the emergency

prevents a Transmission Provider from

posting information on the OASIS or

Internet Web site, the Transmission

Provide may, for 30 days, also delay

compliance with the requirements of

§ 358.4(a)(2) of this chapter to post this

information on the OASIS or Internet

Web site, as applicable. Upon

application by any such Transmission

Provider, the Commission may extend

these periods.

(c) Tolling of time periods for

Commission action. The Commission

tolls, for purposes of further

consideration, the time period in which

the Commission must act on the

following matters if the time period

during which the Commission would

ordinarily be required to act closes

during the period when the Continuity

of Operations Plan is activated:

(1) 60-day period to act on requests

for Exempt Wholesale Generator or

Foreign Utility Company status;

(2) 90-day period for acting on

requests for certification of qualifying

facility status;

(3) 60-day period for acting on

interlocking directorate applications;

(4) 60-day period for acting on Public

Utility Holding Company Act

exemptions and waivers;

(5) 180-period for acting on

applications under § 203 of the FPA;

(6) 150-day period for acting on

intrastate pipeline applications for

approval of proposed rates;

(7) Period ending 60 days prior to the

Electric Reliability Organization’s (ERO)

fiscal year for acting on the ERO’s

budget;

(8) 60-day period for acting on

notifications that a Reliability Standard

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may conflict with a function, rule,

order, tariff, rate schedule or agreement;

(9) 60-day period for acting on

applications for review of a penalty

imposed by the ERO for violation of a

reliability standard;

(10) 45-day Protest period for

protesting Prior Notice Filings, and the

30-day period for resolving and filing to

withdraw such Protests;

(11) 30-day period for acting on

requests for rehearing; and

(12) Time periods for acting on

interlocutory appeals and certified

questions.

(d) Suspension of certain

requirements. During periods when the

Commission’s Continuity of Operations

Plan is activated, requirements for the

following filings, submissions, and

notifications are suspended.

(1) Filings to comply with

Commission orders, including orders

issued by administrative law judges;

(2) Filings required to be made by a

date certain under the Commission’s

regulations or orders;

(3) Motions to intervene and protests,

and notices of intervention;

(4) Comments responding to proposed

rulemakings or technical conferences;

(5) Responses to data requests;

(6) Self-reports of violations;

(7) Responses to staff audit reports;

(8) Contacts with the Commission’s

Enforcement Hotline;

(9) Accounting filings required by the

Commission’s Uniform Systems of

Accounts; and

(10) Forms required to be filed by a

date certain.

(e) Acceptance and Suspension of

Rate Filings. When the date by which

the Commission is required to act on

filings made pursuant to section 4 of the

Natural Gas Act, sections 205 of the

Federal Power Act, and section 6(e) of

the Interstate Commerce Act falls during

periods when the Continuity of

Operations Plan is activated, such

filings shall be deemed to be accepted

and suspended and made effective on

the requested effective date, subject to

refund and further order of the

Commission.

(f) Electric Reliability Organization

Penalties. If the date on which an

Electric Reliability Organization

imposes a penalty under Federal Power

Act § 215 would take effect falls during

a period when the COOP Plan is

activated, review of such penalty by the

Commission shall be deemed to be

initiated and the penalty shall be stayed

pending further action of the

Commission.

(g) Consistency of State action with

reliability standard. If the date by which

a Commission determination under FPA

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§ 215 as to whether a State action is

inconsistent with a reliability standard

is required to be made falls during a

period when the COOP Plan is

activated, the effectiveness of the State

action will be deemed to be stayed

pending further action by the

Commission.

(h) Suspension of Evidentiary

Hearings. During periods when the

Continuity of Operations Plan is

activated, all hearings, prehearing

conferences, settlement conferences,

and meetings before administrative law

judges are suspended.

(i) Enforcement Actions. During

periods when the Continuity of

Operations Plan is activated, the

Commission will not initiate an

enforcement action under section

210(h)(2) of the Public Utility

Regulatory Policies Act of 1978.

[FR Doc. E6–11990 Filed 7–26–06; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 866

[Docket No. 2006N–0276]

Medical Devices; Immunology and

Microbiology Devices; Classification of

Fecal Calprotectin Immunological Test

Systems

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is classifying

fecal calprotectin immunological test

systems into class II (special controls).

The special control that will apply to

these devices is the guidance document

entitled, ‘‘Class II Special Controls

Guidance Document: Fecal Calprotectin

Immunological Test Systems.’’ The

agency is classifying these devices into

class II (special controls) in order to

provide a reasonable assurance of safety

and effectiveness of these devices.

Elsewhere in this issue of the Federal

Register, FDA is announcing the

availability of a guidance document that

will serve as the special control for

these devices.

DATES: This rule is effective August 28,

2006. The classification was effective

April 26, 2006.

FOR FURTHER INFORMATION CONTACT:

Deborah Moore, Center for Devices and

Radiological Health (HFZ–440), Food

and Drug Administration, 2098 Gaither

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