FEDERAL REGISTER
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP85-00988R000100110063-1
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
1
Document Creation Date:
December 16, 2016
Document Release Date:
June 23, 2005
Sequence Number:
63
Case Number:
Publication Date:
March 30, 1981
Content Type:
REGULATION
File:
Attachment | Size |
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Body:
Approved For Rease 2005/07/12 : CIA-RDP85-009880100110063-1
1923' wederal Register / Vol. 46, No. 60 / Monday, March 30, 1981 [7 les and Regulations
(2) By any company 50 percent or
more of the outstanding voting securities
of which of which are directly or
indirectly owned, controlled, or held
with power to vote by an electric utility,
electric utility holding company, or any
combination thereof.
3. Section 292.601 is revised to read as
follows:
? 292.601 Exemption to qualifying
facilities from the Federal Power Act.
(a) Applicability. This section applies
to qualifying facilities, other than those
described in paragraph (b).
(b) Exclusion. This section does not
apply to a qualifying small power
production facility with a power
production capacity which exceeds 30
megawatts, if such facility uses any
primary energy source other than
geothermal resources.
(r,) General rule. Any qualifying
facility described in paragraph (a) shall
be exempt from all sections of the
Federal Power Act, except:
(1) Section 1-18, and 21-30;
(2) Sections 202(c), 210, 211, and 212;
(3) Sections 305(c); and
(4) Any necessary enforcement
provision of Part III with regard to the
sections listed in paragraphs (c)(1), (2)
and (3) of this section.
4. Section 292.602 is amended by
revising paragraph (b) to read as
follows:
? 292.602 Exemption to qualifying
facilities from the Public Utility Holding
Company Act and certain State law and
regulation.
(b) Exemption from the Public Utility
Holding Company Act of 1935. A
qualifying facility described. in
paragraph (a) or a utility geothermal
small power production facility shall not
be considered to be an "electric utility
company" as defined in section 2(a)(3)
of the Public Utility Holding Company
Act of 1935, 15 U.S.C. 79b(a)(3).
IFS Doc. 81--9494 Filed 3-27-81; 8:45 am)
ntLLING CODE 8450..85-M
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Parts 655 and 656
Withdrawal of Regulations
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of withdrawal of
regulations.
SUMMARY: On February 4, 1981, pursuant
to a memorandum from the President,
the Department of Transportation
postponed the effective dates of all
Department of transportation
regulations covered by the President's
directive. The Federal Highway
Administration, having reviewed its
regulatory actions so postponed, is by
this notice, withdrawing two of those
rules. The specific regulations covered
by this notice are set forth below.
EFFECTIVE DATE: March 30, 1981.
FOR FURTHER INFORMATION CONTACT:
Stanley H. Abramson, Deputy Assistant
Chief Counsel for Legislation and
Regulations, Federal Highway
Administration, 400 Seventh Street, SW.,
Washington, D.G. 20590. Office hours
are from 7:45 a.m. to 4:15 p.m. ET,
Monday through Friday; telephone
number (202) 426-0762.
SUPPLEMENTARY INFORMATION: On
January 29, 1981, a memorandum was
issued by the President which, among
other things, directs executive agencies
to postpone for 60 days the effective
dates of regulations which had been
issued but were scheduled to become
effective during that 60 day period. The
Department of Transportation on
February 4, 1981, pursuant to the
President's memorandum, postponed the
effective dates of all Department of
Transportation regulations covered by
the President's directive until March 31,
1981.
The purpose of this postponement was
to afford the government an opportunity
to review each of these regulations. The
FHWA has conducted such a review
and has decided, among other things, to
withdraw the following two regulations:
1. 23 CFR 655, Traffic Control Devices
on Federal-Aid and Other Streets and
Highways, published at 46 FR 2038,
January 8, 1981; and
2. 23 CFR 656, Carpool and Vanpool
Projects, published at 46 FR 2298,
January 8, 1981.
The withdrawal of these particular
regulations at this time will provide the
F'IIWA with the opportunity to reassess
these rules and their impacts, as well as
the agency's overall implementation of
these programs, in the light of Executive
Order 12291, Federal Regulation, issued
by the President on February 17, 1981.
By withdrawing these regulations, the
FI IWA continues in effect all current
requirements and provisions of the Code
of Federal Regulations which these rules
would have amended had they become
effective. The Carpool and Vanpool
Projects program will continue to be
administered consistent with the
legislative changes made to the
predecessor demonstration program by
section 126 of the Surface
Transportation Assistance Act of 1978.
The withdrawal of these regulatons is
without prejudice to such other action as
the Administrator may take at a future
time in this or any other rulemaking
proceeding.
Inasmuch as both the rules subject to
this withdrawal have already been the
subject of public comment, additional
notice and public procedure at this time
is unnecessary. The FHWA's further
review of these regulatory actions will
include full consideration of the public
comments received on each of these
items. Also, as indicated in the
Department's February 4 notice, the 60-
day delay being a minin_ urn period
necessary to review the postponed rules,
the FHWA believes that good cause
exists for the immediate withdrawal of
these two rules in order to afford the
agency the opportunity to perform the
comprehensive reassessment its review
to date has indicated is necessary in
these instances. Without an immediate
withdrawal of these regulations they
will go into effect upon expiration of the
postponement on March 31.
Neither the rules as issued nor their
withdrawal are major actions within the
meaning of Executive Order 12291, nor
are they significant within the meaning
o the current DOT Order on Regulatory
P ilicies and Procedures.
Accordingly, the following rules are
hereby withdrawn:
1, 23 CFR 655, Traffic Control Devices
on Federal. Aid and Other Streets and
Highways, published at 48 FR 2038,
January 8, 1981; and
2. 23 CFR 656, Carpool and Vanpool
Projects, published at 46 FR 2298,
January 8, 1981.
(Executive Order 12291: 23 I J.S.C. 101(a),
109(d), 114(a), 146, 217, 315, 402(a); section 128
of the Surface Transportation Assistance Act
of 1978 (Public Law 95-599,'12 Stat. 2689); 23
CFR 1204.4; and 49 CFR 1.481b))
(The Catalog of Federal Domestic Assistance
Program Number of both these program:; is
number 20.205, Highway Research, Planning,
and Construction. The provisions of OMB
Circular No. A-95 regarding State and local
clearinghouse review of Federal and
fedprally assisted programs and projects
apply to these programs)
Issued on: March 24, 1981.
R. A. Barnhart,
Federal Highway Administrator.
IFS Doc. 81--9498 Filed 3-27-81; 8:45 aml
BILLING CODE 4910-80-Y
Approved For Release 2005/07/12 : CIA-RDP85-00988R000100110063-1