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17246 Federal Register / Vol. 73, No.

63 / Tuesday, April 1, 2008 / Rules and Regulations

and you have a question regarding this SUMMARY: On February 21, 2008, the a motion for extension of the effective
document, you may contact your local Federal Energy Regulatory Commission date from March 31, 2008 to either July
FAA official, or the person listed under issued Order No. 707, which amended 1, 2008 or 30 days after the Commission
the FOR FURTHER INFORMATION CONTACT its regulation to codify restrictions on issues an order on rehearing, whichever
heading at the beginning of the affiliate transactions between franchised is later. EEI states that although affiliate
preamble. You can find out more about public utilities that have captive restrictions have been applicable to
SBREFA on the Internet at http:// customers or that own or provide market-based rate power sellers and
www.faa.gov/regulations_policies/ transmission service over jurisdictional merging companies, the new final rule
rulemaking/sbre_act/. transmission facilities, and their market- requirements will apply more broadly
regulated power sales affiliates or non- and compliance ‘‘will be a significant
List of Subjects in 14 CFR Part 61 utility affiliates. The Commission is undertaking for many companies.’’ It
Aircraft, Aircraft pilots, Airmen, extending the time for any contracts, also states that the rule ‘‘raises some
Airplanes, Air safety, Air transportation, agreements or arrangements entered into important questions that EEI and others
Aviation safety, Balloons, Helicopters, on or after March 31, 2008, the effective are likely to ask the Commission to
Rotorcraft, Students. date of Order No. 707, to comply with address in requests for rehearing
the requirements of Order No. 707. * * * ’’ and urges the Commission to
The Final Rule provide ample time for the new rule to
DATES: The later of July 1, 2008 or 30
In consideration of the foregoing, the days after the issuance of an order on be clarified before it takes effect.3
Federal Aviation Administration rehearing of Order No. 707. 2. As an initial matter, the
amends part 61 of Title 14 of the Code Commission notes that Order No. 707
FOR FURTHER INFORMATION CONTACT:
of Federal Regulations (14 CFR part 61) stated that the pricing rules adopted
Carla Urquhart (Legal Information), therein are prospective and will apply
as follows:
Office of the General Counsel, Federal to any contracts, agreements or
PART 61—CERTIFICATION: PILOTS, Energy Regulatory Commission, 888 arrangements entered into on or after
FLIGHT INSTRUCTORS, AND GROUND First Street, NE., Washington, DC the effective date of the rule (March 31,
INSTRUCTORS 20426, (202) 502–8496, 2008); to the extent different pricing was
Mosby Perrow (Legal Information), in effect for any contract, agreement or
■ 1. The authority citation for part 61 Office of the General Counsel, Federal arrangement entered into prior to the
continues to read as follows: Energy Regulatory Commission, 888 effective date of the final rule, such
First Street, NE., Washington, DC pricing may remain in effect.4 Thus,
Authority: 49 U.S.C. 106(g), 40113, 44701–
44703, 44707, 44709–44711, 45102–45103, 20426, (202) 502–6857, when the Commission issued the final
45301–45302. David Hunger (Technical Information),
rule, it should have been clear to the
Office of Energy Market Regulation,
■ 2. Revise section 3 of SFAR NO. 73 to industry that, for purposes of complying
Federal Energy Regulatory
read as follows: with Order No. 707, public utilities
Commission, 888 First Street, NE., would not have to modify pricing under
SPECIAL FEDERAL AVIATION Washington, DC 20426, (202) 502– contracts, agreements or arrangements
REGULATION NO. 73–ROBINSON R– 8148, in effect before March 31, 2008.5 We
22/R–44 SPECIAL TRAINING AND Stuart Fischer (Technical Information),
therefore do not believe that, for
EXPERIENCE REQUIREMENTS Office of Enforcement, Federal Energy
purposes of this rule, there should be
Regulatory Commission, 888 First
* * * * * any compliance problems with respect
Street, NE., Washington, DC 20426,
■ 3. Expiration date. This SFAR number to pre-existing contracts, agreements or
(202) 502–8517.
73 shall remain in effect until June 30, arrangements.
SUPPLEMENTARY INFORMATION: 3. With respect to any contracts,
2009.
Before Commissioners: Joseph T. Kelliher, agreements or arrangements entered into
Issued in Washington, DC on March 28, Chairman; Suedeen G. Kelly, Marc Spitzer, on or after the effective date of the rule
2008. Philip D. Moeller, and Jon Wellinghoff. (March 31, 2008), however, public
Robert A. Sturgell, utilities were on notice when Order No.
Order Granting Extension of Time
Acting Administrator. 707 was published in the Federal
[FR Doc. E8–6804 Filed 3–31–08; 8:45 am] (Issued March 25, 2008). Register that they would have to comply
BILLING CODE 4910–13–P
1. On February 21, 2008, the with the pricing restrictions of the rule.
Commission issued Order No. 707, If we were to change the effective date,
which amended its regulations to codify
restrictions on affiliate transactions 3 EEI Motion at 2.
DEPARTMENT OF ENERGY between franchised public utilities that 4 Order No. 707, FERC Stats. & Regs. ¶ 31,264 at
have captive customers or that own or P 85.
Federal Energy Regulatory
provide transmission service over 5 Our ‘‘grandfathering’’ of preexisting contracts,
Commission agreements and arrangements was only for purposes
jurisdictional transmission facilities,
of compliance of this rule. To the extent public
and their market-regulated power sales utilities were required to comply with the same or
18 CFR Part 35
affiliates or non-utility affiliates.1 The similar pricing restrictions pursuant to a merger
[Docket No. RM07–15–000] Commission stated that Order No. 707 order or in conjunction with a market-based rate
authorization, our action to make Order No. 707
would become effective 30 days after compliance prospective only did not change any
Cross-Subsidization Restrictions on publication in the Federal Register, that such obligations under other orders or rules. That
Affiliate Transactions is, March 31, 2008.2 On March 11, 2008, is, pricing restrictions imposed pursuant to a
the Edison Electric Institute (EEI) filed merger order, a market-based rate authorization
Issued March 25, 2008. order or the Commission’s market-based rate rules
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AGENCY: Federal Energy Regulatory are not within the scope of Order No. 707 and,
1 Cross-Subsidization Restrictions on Affiliate
consequently, the Order No. 707 grandfathering
Commission, Department of Energy. Transactions, Order No. 707, 73 FR 11,013 (Feb. 29, provision does not relieve a public utility of its
ACTION: Final Rule: Notice Extension of 2008), FERC Stats. & Regs. ¶31,264 (2008) (Order obligations under other orders and rules with
No. 707). respect to contracts, agreements or arrangements
Time. 2 Id. P 85. entered into prior to March 31, 2008.

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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Rules and Regulations 17247

as requested by EEI, public utilities DEPARTMENT OF THE INTERIOR You can also find later actions
would have a window of time to enter concerning the Crow Plan and plan
into new contracts, agreements or Office of Surface Mining Reclamation amendments at 30 CFR 756.20.
arrangements that would not have to and Enforcement
II. Submission of the Proposed
comply with the new pricing
30 CFR Part 756 Amendment
restrictions. It is therefore important
that we not change the effective date of By letter dated May 29, 2007, the
[SATS No. CR–1–FOR; Docket ID OSM–
the rule. Although we will not change 2007–0019]
Crow Tribe indicated to OSM that all
the effective date of the rule, the coal-related impacts on abandoned mine
Commission recognizes that many Crow Tribe Abandoned Mine Land lands within the Crow Reservation have
companies, particularly those not Reclamation Plan been successfully addressed under
previously subject to the same or similar SMCRA (30 U.S.C. 1201 et seq.)
pricing restrictions as a result of a AGENCY: Office of Surface Mining (Administrative Record No. OSM–2007–
merger order or a market-based rate Reclamation and Enforcement, Interior. 0019–0006). The Crow Tribe sent the
authorization, may need further time to ACTION: Final rule; approval of request for concurrence with its
ensure that they will be in compliance certification. certification at its own initiative with
with the new restrictions and/or to the intent of implementing a non-coal
SUMMARY: We, the Office of Surface
obtain clarification from the reclamation program under its current
Mining Reclamation and Enforcement Plan. The Crow Tribe will most likely be
Commission upon rehearing of the final (OSM), are concurring with the Crow
rule. required to revise its AMLR Plan in the
Tribe’s certification that it has abated or future to implement a program under
4. Accordingly, upon consideration of
reclaimed all coal-related abandoned section 411 of SMCRA.
the concerns raised by EEI, the
mine land (AML) problems on Crow We announced receipt of the
Commission will grant an extension of
lands. proposed certification in the December
time until 30 days after the issuance of
an order on rehearing of Order No. 707 DATES: Effective Date: April 1, 2008. 17, 2007, Federal Register (72 FR
or until July 1, 2008, whichever comes FOR FURTHER INFORMATION CONTACT: 71291). In the same document, we
later, for any contracts, agreements or Jeffrey Fleischman, Casper Field Office opened the public comment period and
arrangements entered into on or after Director, Telephone: (307) 261–6550, provided an opportunity for a public
March 31, 2008 to comply with the Internet address: jfleischman@osmre.gov hearing or meeting on the certification’s
requirements of Order No. 707. This SUPPLEMENTARY INFORMATION: adequacy (Administrative Record No.
means that if utilities enter into OSM–2007–0019–0001). We did not
I. Background on the Crow Plan
contracts, agreements or arrangements II. Submission of the Proposed Amendment hold a public hearing or meeting
on or after March 31, 2008, and if the III. Office of Surface Mining Reclamation and because no one requested one. We
pricing under such contracts, Enforcement’s (OSM’s) Findings received comments from one industry
agreements or arrangements is not IV. Summary and Disposition of Comments group, one State agency and three
consistent with the pricing requirements V. OSM’s Decision Federal agencies.
as they may be clarified or modified by VI. Procedural Determinations
III. OSM’s Findings
the Commission on rehearing of Order I. Background on the Crow Plan
No. 707, these utilities will not be As discussed below, the Director of
The Abandoned Mine Land OSM, in accordance with SMCRA and
subject to enforcement action for non- Reclamation Program was established
compliance for the period beginning 30 CFR 756.1, 884.14 and 884.15, finds
by Title IV of the Surface Mining that the proposed certification of
March 31, 2008 until the later of July 1, Control and Reclamation Act (SMCRA,
2008 or 30 days after issuance of an completion submitted by the Crow Tribe
or the Act)(30 U.S.C. 1201 et seq.) in on May 29, 2007, meets the
order on rehearing of Order No. 707. response to concerns over extensive
However, such contracts, agreements or requirements of SMCRA and the Federal
environmental damage caused by past regulations at 30 CFR 884.14.
arrangements will either: (1) Need to coal mining activities. The program is
contain a provision making them Accordingly, we are approving the
funded by a reclamation fee collected on certification.
automatically subject to compliance each ton of coal that is produced. The The Chairman of the Crow Nation
with the pricing restrictions, as they money collected is used to finance the notified the Secretary of the Department
may be clarified or modified on reclamation of abandoned coal mines of the Interior that the Crow Tribe
rehearing, as of the later of July 1, 2008 and for other authorized activities. certifies to the completion of all its coal
or 30 days after issuance of an order on Section 405 of the Act allows States and reclamation projects. Section 411(a) of
rehearing; or (2) need to be modified to Indian tribes to assume exclusive SMCRA provides that the head of an
make them consistent with the pricing responsibility for reclamation activity Indian tribe may certify to the Secretary
restrictions as of the later of July 1, 2008 within the State or on Indian lands if that all of the priorities stated in section
or 30 days after issuance of an order on they develop and submit to the 403(a) of SMCRA for eligible lands and
rehearing. Secretary of the Interior for approval, a water have been achieved and that the
The Commission Orders program (often referred to as a plan) for Secretary, after notice in the Federal
The Commission hereby grants an the reclamation of abandoned coal Register and opportunity for public
extension of time for compliance with mines. On January 4, 1989, the Secretary comment, shall concur with such
Order No. 707, as discussed in the body of the Interior approved the Crow certification if the Secretary determines
of this order. Tribe’s abandoned mine land that such certification is correct.
reclamation plan (herein after the Crow Since the Secretary’s approval of the
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By the Commission. Plan). You can find general background Crow Plan, the Crow Tribe has
Kimberly D. Bose, information on the Crow Plan, including conducted reclamation to correct or
Secretary. the Secretary’s findings and the mitigate problems caused by past coal
[FR Doc. E8–6617 Filed 3–28–08; 8:45 am] disposition of comments, in the January mining. The Crow Tribe has completed
BILLING CODE 6717–01–P 4, 1989, Federal Register (54 FR 116). this reclamation in the order of priority

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