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Federal Register / Vol. 70, No.

123 / Tuesday, June 28, 2005 / Rules and Regulations 37031

DEPARTMENT OF ENERGY These changes are being made based on request such information.2 After
comments filed in response to the receiving responses to a notice of
Federal Energy Regulatory March 3, 2005, notice seeking public inquiry (NOI) it issued on January 16,
Commission comment on the effectiveness of the 2002, 67 FR 3129 (Jan. 23, 2002), FERC
Commission’s CEII rules. The final rule Stats. & Regs. ¶ 35,542 (2002), the
18 CFR Part 284 removes federal agency requesters from Commission issued a notice of proposed
[RM96–1–026] the scope of the rule, modifies the rulemaking (NOPR) regarding CEII,
application of non-Internet public (NIP) which proposed expanding the
Standards for Business Practices of treatment, and clarifies obligations of definition of CEII to include detailed
Interstate Natural Gas Pipelines requesters. It also discusses changes that information about proposed facilities as
will be made to non-disclosure well as those already licensed or
AGENCY: Federal Energy Regulatory agreements. certificated by the Commission. Notice
Commission. of Rulemaking and Revised Statement of
DATES: Effective Date: The rule will
ACTION: Final rule; correction. Policy, 67 FR 57994 (Sept. 13, 2002);
become effective June 28, 2005.
FERC Stats. & Regs. ¶ 32,564 (2002). The
SUMMARY: The Federal Energy FOR FURTHER INFORMATION CONTACT: Commission issued Order No. 630 on
Regulatory Commission published in Carol C. Johnson, Office of the General February 21, 2003, defining CEII to
the Federal Register of May 17, 2005, a Counsel, GC–13, Federal Energy include information about proposed
document concerning regulations Regulatory Commission, 888 First facilities, and to exclude information
governing standards for conducting Street, NE., Washington, DC 20426. that simply identified the location of the
business practices with interstate 202–502–8521. infrastructure. Order No. 630, 68 FR
natural gas pipelines. This final rule SUPPLEMENTARY INFORMATION: 9857, FERC Stats. & Regs. ¶ 31,140.
was incorrectly designated ‘‘Order No. Before Commissioners: Pat Wood, III, After receiving a request for rehearing
654’’. This correction document changes Chairman; Nora Mead Brownell, Joseph T. on Order No. 630, the Commission
that to read ‘‘Order No. 587–S’’. Kelliher, and Suedeen G. Kelly. issued Order No. 630–A on July 23,
DATES: Effective on June 28, 2005. 2003, denying the request for rehearing,
Final Rule
FOR FURTHER INFORMATION CONTACT: but amending the rule in several
Jamie Chabinsky, 202–502–6040. 1. On March 3, 2005, the Commission respects. Order No. 630–A, 68 FR 46456,
issued a ‘‘Notice Soliciting Public FERC Stats. & Regs. ¶ 31,147.
SUPPLEMENTARY INFORMATION: The
Comment’’ (the notice) on its Specifically, the order on rehearing
Federal Energy Regulatory Commission procedures for dealing with critical
published a document in the Federal made several minor procedural changes
energy infrastructure information (CEII). and clarifications, added a reference in
Register of May 17, 2005 (70 FR 28204). 70 FR 12867 (Mar. 16, 2005). The the regulation regarding the filing of
This correction changes the order Commission’s CEII procedures were non-Internet public (NIP) information, a
number of the final rule. established by Order Nos. 630 and 630– term first described in Order No. 630,
In rule FR Doc. 05–9803 published on
A. See Critical Energy Infrastructure and added the aforementioned
May 17, 2005 (70 FR 28204), make the
Information, Order No. 630, 68 FR 9857 commitment to review the effectiveness
following correction. On page 28205, in
(Mar. 3, 2003), FERC Stats. & Regs. of the new process after six months. The
the first column, change ‘‘Order No.
¶ 31,140 (2003); order on reh’g, Order February 13, 2004, notice facilitated the
654’’ to ‘‘Order No. 587–S’’.
No. 630–A, 68 FR 46456 (Aug. 6, 2003), review contemplated in Order No. 630–
Dated: June 22, 2005. FERC Stats. & Regs. ¶ 31,147 (2003). A. This order continues the
Magalie R. Salas, After soliciting public comment on the Commission’s ongoing commitment to
Secretary. effectiveness of the rules in February evaluate the effectiveness of the CEII
[FR Doc. 05–12715 Filed 6–27–05; 8:45 am] 2004, the Commission amended 18 CFR regulations by addressing the comments
BILLING CODE 6717–01–P 388.113 and clarified some other issues received in response to its March 3,
regarding CEII in Order No. 649.1 After 2005, notice.
receiving comments in response to its Summary and Discussion of Comments
DEPARTMENT OF ENERGY most recent notice, the Commission Received
further amends and clarifies 18 CFR
Federal Energy Regulatory 388.113 and its CEII process. A. Introduction
Commission 3. In its March 3, 2005, notice, the
Background
Commission specifically invited
18 CFR Part 388 2. Shortly after the attacks on comments on the following issues: (i) Is
September 11, 2001, the Commission the CEII designation being misused or
[Docket Nos. RM02–4–003, PL02–1–003;
Order No. 662] began its efforts with respect to CEII. claimed for information that does not
See Statement of Policy on Treatment of meet the definition? (ii) Is there a need
Critical Energy Infrastructure Previously Public Documents, 66 FR for the non-Internet public designation?
Information 52917 (Oct. 18, 2001), 97 FERC ¶ 61,130 Is it currently too broad? Are there
(2001). As a preliminary step, the location maps that should be available
Issued June 21, 2005. Commission removed documents such on the Internet? (iii) Does it make sense
AGENCY: Federal Energy Regulatory as oversized maps that were likely to for the Commission to protect (either as
Commission. contain detailed specifications of CEII or NIP) information that is readily
ACTION: Final rule. facilities from its public files and publicly available, for instance in the
Internet page, and directed the public to USGS maps? (iv) Are there classes of
SUMMARY: The Federal Energy use the Freedom of Information Act information that are not appropriate for
Regulatory Commission (Commission) is (FOIA) request process in order to
issuing this final rule amending its 2 The FOIA process is specified in 5 U.S.C. 552
regulations for gaining access to critical 1 Critical
Energy Infrastructure Information, Order and the Commission’s regulations at 18 CFR
energy infrastructure information (CEII). No. 649, 69 FR 48386 (Aug. 10, 2004). 388.108.

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