Pages 52831±53100 Vol. 60 10±11±95 No. 196 federal register October 11,1995 Wednesday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser
2 III
Contents Federal Register Vol. 60, No. 196
Wednesday, October 11, 1995
Agricultural Marketing Service Mauritius, 52898 RULES Pakistan, 52898–52899 Kiwifruit grown in California, 52834–52835 Lime research, promotion, and consumer information order, Commodity Credit Corporation 52835–52838 NOTICES PROPOSED RULES Agency information collection activities under OMB Spearmint oil produced in Far West, 52869–52870 review: Proposed agency information collection activities; Agricultural Research Service comment request, 52896 NOTICES Patent licenses; non-exclusive, exclusive, or partially Consolidated Farm Service Agency exclusive: RULES Consep, Inc., 52896 Program regulations: Rural business enterprise, television demonstration, and Agriculture Department technical assistance and training grants, etc., 52838– See Agricultural Marketing Service 52840 See Agricultural Research Service See Animal and Plant Health Inspection Service Defense Department See Commodity Credit Corporation See Air Force Department See Consolidated Farm Service Agency See Navy Department See Grain Inspection, Packers and Stockyards Administration Drug Enforcement Administration See Rural Business and Cooperative Development Service NOTICES See Rural Housing and Community Development Service Applications, hearings, determinations, etc.: See Rural Utilities Service Arenol Chemical Corp., 52923 RULES Ciba-Geigy Corp., 52923 Inspector General Office: Lonza Riverside, 52923 Freedom of Information Act; implementation, 52842– Radian Corp., 52923 52843 Roberts Laboratories, Inc., 52924 Organization, functions, and authority delegations: Stepan Co., 52924 Inspector General Office, 52840–52842 Energy Department Air Force Department See Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Environmental Protection Agency Alaska Military Operations Areas, 52899 PROPOSED RULES Base realignment and closure— Air pollution; standards of performance for new stationary Wright-Patterson Air Force Base, OH; historic facilities sources: demolition, 52899–52900 Volatile organic compound (VOC) emissions— Synthetic organic chemical manufacturing industry Animal and Plant Health Inspection Service wastewater, 52889–52890 RULES Air programs: Plant-related quarantine, domestic: Ambient air quality standards, national— Fire ant, imported, 52831–52833 Nitrogen dioxide, 52874–52889 Mediterranean fruit fly, 52833–52834 Clean Air Act: State operating permits programs— Coast Guard Tennessee, 52890–52894 RULES NOTICES Ports and waterways safety: Clean Air Act: St. Louis River, MN; safety zones, 52861–52862 Acid rain provisions— NOTICES State and local programs; list, 52911–52912 Environmental statements; availability, etc.: Clean Water Act: Coast Guard activities along U.S. Atlantic coast, 52949 Acid rain provisions— Sulfur dioxide and nitrogen oxides; excess emissions Commerce Department penalty; annual adjustment factors, 52912 NOTICES Senior Executive Service: Executive Office of the President Performance Review Board; membership, 52897 See Presidential Documents
Committee for the Implementation of Textile Agreements Federal Aviation Administration NOTICES RULES Cotton, wool, and man-made textiles: Airworthiness directives: Indonesia, 52897–52898 Boeing, 52844–52846 IV Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Contents
Learjet, 52843–52844 Panhandle Eastern Pipe Line Co., 52908–52909 VOR Federal airways, 52846–52848 Tennessee Gas Pipeline Co., 52909 PROPOSED RULES Transcontinental Gas Pipe Line Corp., 52909–52910 Airworthiness directives: Trunkline Gas Co., 52910 Airbus, 52872–52874 Williams Natural Gas Co., 52910–52911 Jetstream, 52870–52872 Williston Basin Interstate Pipeline Co., 52911 NOTICES Environmental statements; availability, etc.: Federal Maritime Commission Jackson Hole Airport, WY, 52949–52950 NOTICES Meetings: Agreements filed, etc., 52914 Aviation Rulemaking Advisory Committee, 52950 Freight forwarder licenses: Research, Engineering, and Development Advisory Exincargo, Inc., et al., 52914–52915 Committee, 52950 Passenger facility charges; applications, etc.: Federal Reserve System University of Illinois Board of Trustees, IL, et al., 52950– NOTICES 52953 Federal Open Market Committee: Domestic policy directives, 52915 Federal Communications Commission Meetings; Sunshine Act, 52957 RULES Applications, hearings, determinations, etc.: Common carrier services: Boatmen’s Bancshares, Inc., et al., 52915–52916 Domestic nondominant common carriers; tariff filing Citicorp et al., 52916–52917 requirements, 52865–52866 Mercantile Bancorporation, Inc., 52917 Practice and procedure: Thompson, Richard J., 52917 Competitive bidding proceedings Correction, 52865 Fish and Wildlife Service PROPOSED RULES RULES Radio services, special: Hunting and fishing: Private land mobile services— Open areas list additions, 52866–52868 Modification of policies governing use of bands below NOTICES 800 MHz; withdrawal, 52894–52895 Endangered and threatened species: NOTICES Incidental take permits— Agency information collection activities under OMB Iron County, UT; Utah prairie dogs, 52921 review: Recovery plans— Proposed agency information collection activities; Big Island plant cluster, 52921–52922 comment request, 52912–52913 Common carrier services: Food and Drug Administration Personal communications services— NOTICES Cellular divestiture; limited waiver of deadline, 52913 Advisory committees; annual reports; availability, 52918 Meetings: Harmonization International Conference; Public Safety Wireless Advisory Committee, 52913–52914 Regulatory requirements and guidelines; development Meetings; Sunshine Act, 52956 and standards use policy, 53078–53084 Rulemaking proceedings; petitions filed, granted, denied, etc., 52914 General Accounting Office NOTICES Federal Energy Regulatory Commission Meetings: RULES Federal Accounting Standards Advisory Board, 52917– Natural gas companies (Natural Gas Act): 52918 Rate schedule and tariff changes; filing, 52960–53019 Uniform system of accounts, forms, statements, and Grain Inspection, Packers and Stockyards Administration reporting requirements; revisions, 53019–53075 NOTICES PROPOSED RULES Central filing systems; State certifications: Electric utilities (Federal Power Act): Nebraska, 52896–52897 Open access non-discriminatory transmission services provided by public utilities— Health and Human Services Department Wholesale competion promotion; technical conferences See Food and Drug Administration broadcast, 52874 See National Institutes of Health NOTICES Electric rate and corporate regulation filings: Interior Department Coastal Wuxi Power Ltd. et al., 52902–52904 See Fish and Wildlife Service Meetings; Sunshine Act, 52955–52956 See Land Management Bureau Applications, hearings, determinations, etc.: See Minerals Management Service ANR Pipeline Co., 52905 See Mines Bureau Carnegie Interstate Pipeline Co., 52905 Colorado Interstate Gas Co., 52905 Internal Revenue Service Columbia Gulf Transmission Co., 52905–52906 RULES Florida Gas Transmission Co., 52906–52907 Excise taxes: National Fuel Gas Supply Corp., 52907–52908 Ozone-depleting chemicals; exports and medical uses, Northern Natural Gas Co., 52908 52848–52856 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Contents V
Justice Department Presidential Documents See Drug Enforcement Administration PROCLAMATIONS Special observances: Labor Department Children’s Day, National (Proc. 6833), 53099 See Occupational Safety and Health Administration Disability Employment Awareness Month, National (Proc. 6832), 53097–53098 Land Management Bureau ADMINISTRATIVE ORDERS RULES El Salvador, transfer of FY 1995 foreign military financing Public land orders: funds to the economic support fund (Presidential Alaska, 52864–52865 Determination No. 95–47 of September 29, 1995), Idaho, 52864 53089 NOTICES Israel, loan guarantee program (Presidential Determination Meetings: No. 95–46 of September 29, 1995), 53087 Eastern Washington Resource Advisory Council, 52920 Palestine Liberation Organization; suspending restriction on U.S. relations (Presidential Determination No. 95–50 of Minerals Management Service September 30, 1995), 53093 NOTICES Refugee admissions numbers (Presidential Determination Environmental statements; availability, etc.: No. 95–48 of September 29, 1995), 53091–53092 Pacific OCS— Three-dimensional (3–D) Seismic Survey, 52922–52923 Public Health Service See Food and Drug Administration Mines Bureau See National Institutes of Health NOTICES Agency information collection activities under OMB Rural Business and Cooperative Development Service review, 52920–52921 RULES Program regulations: National Archives and Records Administration Rural business enterprise, television demonstration, and NOTICES technical assistance and training grants, etc., 52838– Organization, functions, and authority delegations: 52840 Move to Archives II, College Park, MD— Reference service on certain textual records; temporary Rural Housing and Community Development Service closure, 52924–52926 RULES Program regulations: National Institutes of Health Rural business enterprise, television demonstration, and NOTICES technical assistance and training grants, etc., 52838– Inventions; Government-owned; availability for licensing, 52840 52918–52919 Meetings: Rural Utilities Service AIDS Research Program Evaluation Working Group, RULES 52919–52920 Program regulations: Clinical Research Advisory Panel, 52920 Rural business enterprise, television demonstration, and technical assistance and training grants, etc., 52838– Navy Department 52840 RULES Navigation, COLREGS compliance exemptions: Securities and Exchange Commission USS John C. Stennis, 52860–52861 NOTICES NOTICES Applications, hearings, determinations, etc.: Base realignment and closure: Alexander Hamilton Life Insurance Co. of America et al., Surplus Federal property— 52945–52948 Naval Station Puget Sound (Sand Point), Seattle, WA, 52900–52901 Social Security Administration Environmental statements; availability, etc.: NOTICES Base realignment and closure— Privacy Act: Naval Air Station, Barbers Point, Oahu, HI, 52901– Systems of records, 52948–52949 52902 Textile Agreements Implementation Committee Nuclear Regulatory Commission See Committee for the Implementation of Textile NOTICES Agreements Meetings; Sunshine Act, 52956–52957 Operating licenses, amendments; no significant hazards Transportation Department considerations; biweekly notices, 52927–52943 See Coast Guard Applications, hearings, determinations, etc.: See Federal Aviation Administration Florida Power & Light Co., 52943–52944 Nebraska Public Power District, 52945 Treasury Department See Internal Revenue Service Occupational Safety and Health Administration NOTICES RULES Organization, functions, and authority delegations: Safety and health standards: Assistant Secretary (Management)/Chief Financial Officer, Lead; occupational exposure, 52856–52859 52953 VI Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Contents
Veterans Affairs Department Part IV RULES The President, 53087–53093 Adjudication; pensions, compensation, dependency, etc.: Examinations; use when medical evidence not adequate for rating purposes, 52863–52864 Part V Marital relationships, terminated; benefits eligibility The President, 53097–53099 reinstatement, 52862–52863 NOTICES Meetings: Veterans’ Claims Adjudication Commission, 52953 Reader Aids Wage Committee, 52953–52954 Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Aids section at the end of this issue. Separate Parts In This Issue
Part II Department of Energy, Federal Energy Regulatory Electronic Bulletin Board Commission, 52960–53075 Free Electronic Bulletin Board service for Public Law Part III numbers, Federal Register finding aids, and a list of Department of Health and Human Services, Food and Drug documents on public inspection is available on 202–275– Administration, 53078–53084 1538 or 275–0920. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR 47 CFR Proclamations: 1...... 52865 6832...... 53097 43...... 52865 6833...... 53099 61...... 52865 Administrative Orders: Proposed Rules: 90...... 52894 Presidential Determinations: No. 95±46 of 50 CFR September 29, 32...... 52866 1995 ...... 53087 No. 95±47 of September 29, 1995 ...... 53089 No. 95±48 of September 29, 1995 ...... 53091 No. 95±50 of September 30, 1995 ...... 53093 7 CFR 301 (2 documents) ...... 52831, 52833 920...... 52834 1212...... 52835 1942...... 52838 1980...... 52838 2610...... 52840 2620...... 52842 Proposed Rules: 985...... 52869 14 CFR 39 (2 documents) ...... 52843, 52844 71...... 52846 Proposed Rules: 39 (2 documents) ...... 52870, 52872 18 CFR 2...... 53019 154...... 52960 157...... 53019 158...... 53019 201...... 53019 250...... 53019 260...... 53019 284...... 53019 381...... 53019 385...... 53019 Proposed Rules: 35...... 52874 26 CFR 52...... 52848 602...... 52848 29 CFR 1910...... 52856 32 CFR 706...... 52860 33 CFR 165...... 52861 38 CFR 3 (2 documents) ...... 52862, 52863 40 CFR Proposed Rules: 50...... 52874 60...... 52889 70...... 52890 43 CFR Public Land Orders: 7164...... 52864 7165...... 52864 52831
Rules and Regulations Federal Register Vol. 60, No. 196
Wednesday, October 11, 1995
This section of the FEDERAL REGISTER 4:30 p.m., Monday through Friday, Bradley, Hamilton, McMinn, and Wayne contains regulatory documents having general except holidays. Persons wishing to Counties in Tennessee; and Brooks, applicability and legal effect, most of which inspect comments are requested to call Cameron, Delta, Dimmit, Duval, Jack, are keyed to and codified in the Code of ahead on (202) 690–2817 to facilitate Kenedy, Kinney, Lamar, Mason, Federal Regulations, which is published under entry into the comment reading room. McCulloch, Montague, San Saba, Webb, 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: Mr. Young, and Zavala Counties in Texas. The Code of Federal Regulations is sold by Michael B. Stefan, Operations Officer, We are also designating the entire State the Superintendent of Documents. Prices of Domestic and Emergency Operations, of Mississippi as a quarantined area. We new books are listed in the first FEDERAL PPQ, APHIS, 4700 River Road Unit 134, are taking this action because recent REGISTER issue of each week. Riverdale, MD 20737–1236, (301) 734– surveys conducted by APHIS and State 5235. and county agencies reveal that the imported fire ant has spread to these DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: areas. See the rule portion of this Background document for specific descriptions of Animal and Plant Health Inspection the new quarantined areas. Service The imported fire ant regulations (contained in 7 CFR 301.81 through Emergency Action 7 CFR Part 301 301.81–10, and referred to below as the The Administrator of the Animal and regulations) quarantine infested States [Docket No. 95±063±1] Plant Health Inspection Service has or infested areas within States and determined that an emergency exists Imported Fire Ant Quarantined Areas impose restrictions on the interstate that warrants publication of this interim movement of certain regulated articles rule without prior opportunity for AGENCY: Animal and Plant Health for the purpose of preventing the public comment. Immediate action is Inspection Service, USDA. artificial spread of the imported fire ant. necessary to prevent the artificial spread ACTION: Interim rule and request for Imported fire ants, Solenopsis invicta of imported fire ant to noninfested areas comments. Buren and Solenopsis richteri Forel, are of the United States. aggressive, stinging insects that, in large SUMMARY: We are amending the Because prior notice and other public numbers, can seriously injure or even procedures with respect to this action imported fire ant regulations by kill livestock, pets, and humans. The designating all or portions of the are impracticable and contrary to the imported fire ant feeds on crops and public interest under these conditions, following as quarantined areas: The builds large, hard mounds that damage entire State of Mississippi; Mecklenburg we find good cause under 5 U.S.C. 553 farm and field machinery. The imported to make it effective upon publication in County in North Carolina; Bradley, fire ant is not native to the United Hamilton, McMinn, and Wayne the Federal Register. We will consider States. The regulations prevent the comments that are received within 60 Counties in Tennessee; and Brooks, imported fire ant from spreading Cameron, Delta, Dimmit, Duval, Jack, days of publication of this rule in the throughout its ecological range within Federal Register. After the comment Kenedy, Kinney, Lamar, Mason, this country. McCulloch, Montague, San Saba, Webb, period closes, we will publish another The regulations in § 301.81–3 provide document in the Federal Register. It Young, and Zavala Counties in Texas. that the Administrator of the Animal This action expands the quarantined will include a discussion of any and Plant Health Inspection Service comments we receive and any areas and imposes certain restrictions (APHIS) will list as a quarantined area on the interstate movement of amendments we are making to the rule each State, or each portion of a State, as a result of the comments. quarantined articles from those areas. that is infested with imported fire ants. This action is necessary to prevent the The Administrator will designate less Executive Order 12866 and Regulatory artificial spread of the imported fire ant than an entire State only under the Flexibility Act to noninfested areas of the United following conditions: (1) The State has This rule has been reviewed under States. adopted and is enforcing restrictions on Executive Order 12866. For this action, DATES: Interim rule effective October 11, the intrastate movement of the regulated the Office of Management and Budget 1995. Consideration will be given only articles listed in § 301.81–2 that are has waived its review process required to comments received on or before equivalent to the interstate movement by Executive Order 12866. December 11, 1995. restrictions imposed by the regulations; This action affects the interstate ADDRESSES: Please send an original and and (2) designating less than the entire movement of regulated articles from three copies of your comments to State will prevent the spread of the specified areas in Mississippi, North Docket No. 95–063–1, Regulatory imported fire ant. The Administrator Carolina, Tennessee, and Texas. Analysis and Development, PPD, may include uninfested acreage within Affected entities include nurserymen, APHIS, suite 3C03, 4700 River Road a quarantined area due to its proximity sod and hay growers, farm equipment Unit 118, Riverdale, MD 20737–1238. to an infestation or its in separability dealers, construction companies, and Please state that your comments refer to from the infested locality for quarantine others who sell, process, or move Docket No. 95–063–1. Comments purposes. regulated articles interstate. Based on received may be inspected at USDA, We are amending § 301.81–3(e) by information compiled by the room 1141, South Building, 14th Street designating all or portions of the Department, we have determined that and Independence Avenue SW., following counties as quarantined areas: approximately 74 small entities within Washington, DC, between 8 a.m. and Mecklenburg County in North Carolina; the newly regulated areas could be 52832 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations affected by this interim rule. However, Copies of the environmental County line west along the Cabarrus/ most of the sales for these entities are assessment and finding of no significant Mecklenburg County line to NC State local intrastate or within the regulated impact are available for public Road 2459; then south on NC State Road area, and would not be affected by this inspection at USDA, room 1141, South 2459 to State Highway 115, and south regulation. Building, 14th Street and Independence to Interstate Highway 77; on Interstate The effect on those entities that do Avenue SW., Washington, DC, between Highway 77 the quarantine will move regulated articles interstate is 8 a.m. and 4:30 p.m., Monday through continue to the junction of Interstate minimized by the availability of various Friday, except holidays. Persons Highway 77 with Interstate Highway 85; treatments that, in most cases, will wishing to inspect copies are requested then southwest on Interstate Highway permit the movement of regulated to call ahead on (202) 690–2817 to 85 to the North Carolina/South Carolina articles with very little additional cost. facilitate entry into the reading room. In State line. The projected annual economic impact addition, copies may be obtained by * * * * * from this action is estimated to be writing to the individual listed under TENNESSEE approximately $187,976. FOR FURTHER INFORMATION CONTACT. Bradley County. That portion of the Under these circumstances, the Paperwork Reduction Act Administrator of the Animal and Plant county southeast of Interstate Highway Health Inspection Service has This rule contains no information 75, southwest of the Hiwassee River, determined that this action will not collection or recordkeeping northwest of U.S. Highway 11, and have a significant economic impact on requirements under the Paperwork northeast of Tennessee State Highway a substantial number of small entities. Reduction Act of 1995 (44 U.S.C. 3501 308. et seq.). * * * * * Executive Order 12372 List of Subjects in 7 CFR Part 301 Hamilton County. That portion of the This program/activity is listed in the county lying east of U.S. Highway 27, Agricultural commodities, Plant Catalog of Federal Domestic Assistance south of Interstate Highway 24 and west diseases and pests, Quarantine, under No. 10.025 and is subject to of Interstate Highway 75. That part also Reporting and recordkeeping Executive Order 12372, which requires of the county lying south of U.S. requirements, Transportation. intergovernmental consultation with Highways 41, 64, and 72, and west of State and local officials. (See 7 CFR part Accordingly, 7 CFR part 301 is Tennessee State Road 38. 3015, subpart V.) amended as follows: * * * * * McMinn County. That portion of the Executive Order 12778 PART 301ÐDOMESTIC QUARANTINE county southeast of Interstate Highway NOTICES This rule has been reviewed under 75, southwest of Tennessee State Executive Order 12778, Civil Justice 1. The authority citation for part 301 Highway 163, northwest of U.S. Reform. This rule: (1) Preempts all State continues to read as follows: Highway 11, and northeast of the and local laws and regulations that are Authority: 7 U.S.C. 150bb, 150dd, 150ee, Hiwassee River. inconsistent with this rule; (2) has no 150ff, 161, 162, and 164–167; 7 CFR 2.17, * * * * * retroactive effect; and (3) does not 2.51, and 371.2(c). Wayne County. That portion of the require administrative proceedings 2. In § 301.81–3, paragraph (e), the list county lying south of U.S. Highway 64, before parties may file suit in court ′ of quarantined areas is amended as and west of Longitude 870 55 . challenging this rule. follows: TEXAS a. By adding, in alphabetical order, National Environmental Policy Act * * * * * entries for Bradley, Hamilton, and An environmental assessment and Brooks County. The entire county. McMinn Counties in Tennessee; and finding of no significant impact have Brooks, Cameron, Delta, Dimmit, Jack, * * * * * been prepared for this program. The Cameron County. The entire county. Kenedy, Kinney, Lamar, McCulloch, assessment provides a basis for the Montague, San Saba, and Zavala * * * * * conclusion that the methods employed Counties in Texas to read as set forth Delta County. The entire county. to regulate the imported fire ant will not below. * * * * * significantly affect the quality of the b. By revising the entry for Dimmit County. The entire county. human environment. Based on the Mississippi to read as set forth below. Duval County. The entire county. finding of no significant impact, the c. By revising the entries for * * * * * Administrator of the Animal and Plant Mecklenburg County in North Carolina; Jack County. The entire county. Health Inspection Service has Wayne County in Tennessee; and Duval, * * * * * determined that an environmental Mason, Webb, and Young Counties in Kenedy County. The entire county. impact statement need not be prepared. Texas to read as set forth below. * * * * * The environmental assessment and Kinney County. The entire county. finding of no significant impact were § 301.81±3 Quarantined areas. * * * * * prepared in accordance with: (1) The * * * * * Lamar County. The entire county. National Environmental Policy Act of (e) * * * 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) * * * * * * * * * * Mason County. The entire county. Regulations of the Council on Environmental Quality for MISSISSIPPI * * * * * McCulloch County. The entire county. Implementing the Procedural Provisions The entire State. of NEPA (40 CFR part 1500–1508), (3) * * * * * USDA Regulations Implementing NEPA NORTH CAROLINA Montague County. The entire county. (7 CFR part 1b), and (4) APHIS, NEPA * * * * * * * * * * Implementing Procedures (7 CFR part Mecklenburg County. That portion of San Saba County. The entire county. 372). the county from the Union/Mecklenburg * * * * * Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52833
Webb County. The entire county. this pest permits the rapid development references to fluid ounces and ounces * * * * * of serious outbreaks. by weight, § 301.78–10 will be changed Young County. The entire county. The Medfly regulations at 7 CFR to state that, to arrive at the necessary Zavala County. The entire county. 301.78 through 301.78–10 (referred to 10 percent solution of malathion, 1.2 below as the regulations) established fluid ounces (1.4 ounces by weight) of Done in Washington, DC, this 4th day of quarantined areas to prevent the spread October 1995. malathion would have to be mixed with of the Medfly to noninfested areas of the 10.8 fluid ounces (13.2 ounces by Terry L. Medley, United States. The regulations impose weight) of protein hydrolysate per acre Acting Administrator, Animal and Plant conditions on the interstate movement for a total of 12 fluid ounces of Health Inspection Service. of those articles that, if moved without malathion and protein hydrolysate per [FR Doc. 95–25168 Filed 10–10–95; 8:45 am] restrictions, present a significant risk of acre. BILLING CODE 3410±34±P spreading the Medfly from quarantined Comment: The supplementary areas into or through noninfested areas. information section of the interim rule These articles, which are designated as 7 CFR Part 301 explained why the regulations exempt regulated articles, may not be moved from treatment smooth-skinned lemons [Docket No. 94±017±2] interstate from quarantined areas except destined for commercial packing in accordance with conditions specified houses. It stated, ‘‘smooth-skinned Mediterranean Fruit Fly; Regulated in §§ 301.78–4 through 301.78–10. lemons harvested for packing by a Articles and Treatments In an interim rule effective May 12, commercial packing house are harvested 1994, and published in the Federal while hard and green. At this early stage AGENCY: Animal and Plant Health Register on May 18, 1994 (59 FR 25789– of development, they are not considered Inspection Service, USDA. 25791, Docket No. 94–017–1), we susceptible to attack by the Medfly. ACTION: Final rule. amended the regulations by adding two These smooth-skinned lemons that are types of lemons to the list of regulated packed in commercial packing houses SUMMARY: We are adopting as a final articles; clarifying the requirement for do not present a significant risk of rule, with one change, an interim rule cleaning and waxing lemon (Citrus spreading the Medfly into noninfested that amended the Mediterranean fruit limon), a regulated article; reducing the areas of the United States.’’ However, fly regulations by adding two types of rate of technical grade malathion color should not be considered an lemons to the list of regulated articles; required for treating premises for the indication of susceptibility to Medfly clarifying the requirement for cleaning Medfly; and removing the requirement attack, as yellow lemons are also and waxing lemon (Citrus limon), a that malathion bait spray treatment be harvested and sent to commercial regulated article; reducing the rate of applied by ground equipment. These packing houses. Rather, high acid technical grade malathion required for actions were necessary to prevent the content, hard-to-puncture rind, and lack treating premises for the Mediterranean spread of the Medfly into noninfested of suitability as an environment for fruit fly; and removing the requirement areas of the United States and to lessen Medfly are factors that should be used that malathion bait spray treatment be restrictions that might cause an to determine whether commercial applied by ground equipment. These unnecessary economic burden upon the variety lemons (Citrus limon) that are actions were necessary to prevent the public. not overly mature should be exempt spread of the Mediterranean fruit fly We solicited comments concerning from treatment. into noninfested areas of the United the interim rule for 60 days ending July States and to lessen restrictions that 18, 1994. We received two comments. Response: We agree, and believe that might cause an unnecessary economic They were from a State government and the language in § 301.78–2 of the burden upon the public. The change in a citrus trade association. We carefully interim rule concerning lemon (Citrus this final rule is a technical one to considered both comments. They are limon) accommodates this position. correct the amount of protein discussed below in detail. That entry reads: ‘‘Lemon (Citrus limon) hydrolysate to be used in the malathion Comment: The interim rule amended except smooth-skinned lemons bait spray and to clarify whether § 301.78–10 by reducing the rate of harvested for packing by commercial ‘‘ounces’’ refers to fluid ounces or malathion bait spray treatment from packing houses’’. Therefore, no change ounces by weight. ‘‘2.4’’ ounces to ‘‘1.2’’ ounces. However, to the rule is necessary. the interim rule did not change the rate Therefore, based on the rationale set EFFECTIVE DATE: October 11, 1995. of protein hydrolysate required to arrive forth in the interim rule and in this FOR FURTHER INFORMATION CONTACT: Mr. at the necessary 10 percent solution of document, we are adopting the Michael B. Stefan, Operations Officer, malathion. Also, there was some provisions of the interim rule as a final Domestic and Emergency Operations, ambiguity concerning weight/volume rule, with the change discussed in this PPQ, APHIS, 4700 River Road Unit 134, interpretations in terms of ‘‘ounces’’ by document. Riverdale, MD 20737–1236, (301) 734– weight and ‘‘fluid ounces.’’ Section This final rule also affirms the 6600. 301.78–10 should state that, to arrive at information contained in the interim SUPPLEMENTARY INFORMATION: the necessary 10 percent solution of rule concerning Executive Order 12866 malathion, 1 fluid ounce (1.2 ounces by and the Regulatory Flexibility Act, Background weight) of malathion would have to be Executive Orders 12372 and 12778, and The Mediterranean fruit fly, Ceratitis mixed with 11 fluid ounces (13.4 the Paperwork Reduction Act. capitata (Wiedemann), is one of the ounces by weight) of protein Further, for this action, the Office of world’s most destructive pests of hydrolysate per acre for a total of 12 Management and Budget has waived the numerous fruits and vegetables. The fluid ounces of malathion and protein review process required by Executive Mediterranean fruit fly (Medfly) can hydrolysate per acre. Order 12866. cause serious economic losses. Heavy Response: We agree with the premise List of Subjects in 7 CFR Part 301 infestations can cause complete loss of of this comment. However, to maintain crops, and losses of 25 to 50 percent are a higher degree of accuracy in our Agricultural commodities, Plant not uncommon. The short life cycle of figures and to be consistent in our diseases and pests, Quarantine, 52834 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Reporting and recordkeeping and Vegetable Division, AMS, USDA, business subject to such actions in order requirements, Transportation. 2202 Monterey Street, suite 102B, that small businesses will not be unduly Fresno, California 93721, telephone or disproportionately burdened. PART 301ÐDOMESTIC QUARANTINE (209) 487–5901, Fax # (209) 487–5906; Marketing orders issued pursuant to the NOTICES or Charles Rush, Marketing Specialist, Act, and rules issued thereunder, are Accordingly, we are adopting as a Marketing Order Administration unique in that they are brought about final rule, with the following change, Branch, F&V, AMS, USDA, P.O. Box through group action of essentially the interim rule that amended 7 CFR 96456, room 2522–S, Washington, DC small entities acting on their own 20090–6456; telephone (202) 690–3670, behalf. Thus, both statutes have small part 301 and that was published at 59 # FR 25789–25791 on May 18, 1994. Fax (202) 720–5698. entity orientation and compatibility. There are approximately 65 handlers 1. The authority citation for part 301 SUPPLEMENTARY INFORMATION: This final of kiwifruit grown in California who are continues to read as follows: rule is issued under Marketing Order No. 920 (7 CFR part 920), as amended, subject to regulation under the kiwifruit Authority: 7 U.S.C. 150bb, 150dd, 150ee, regulating the handling of kiwifruit marketing order and approximately 600 150ff, 161, 162, and 164–167; 7 CFR 2.17, producers of kiwifruit in the regulated 2.51, and 371.2(c). grown in California, hereinafter referred to as the ‘‘order.’’ The order is effective area. Small agricultural producers have § 301.78±10 [Amended] under the Agricultural Marketing been defined by the Small Business 2. In § 301.78–10, paragraph (c) is Agreement Act of 1937, as amended (7 Administration (13 CFR 121.601) as amended by revising the last sentence to U.S.C. 601–674), hereinafter referred to those having annual receipts of less than read: ‘‘The malathion bait spray as the ‘‘Act.’’ $500,000, and small agricultural service treatment must be applied at a rate of The Department of Agriculture firms are defined as those whose annual 1.2 fluid ounces of technical grade (Department) is issuing this rule in receipts are less than $5,000,000. The malathion (1.4 ounces by weight) and conformance with Executive Order majority of kiwifruit producers and handlers may be classified as small 10.8 fluid ounces of protein hydrolysate 12866. entities. (13.2 ounces by weight) per acre, for a This final rule has been reviewed The kiwifruit marketing order, total of 12 fluid ounces per acre.’’ under Executive Order 12778, Civil Justice Reform. Under the marketing administered by the Department, Done in Washington, DC, this 4th day of order provisions now in effect, requires that the assessment rate for a October 1995. California kiwifruit are subject to particular fiscal year apply to all Terry L. Medley, assessments. It is intended that the assessable kiwifruit handled from the Acting Administrator, Animal and Plant assessment rate as issued herein will be beginning of such year. The budget of Health Inspection Service. applicable to all assessable California expenses for the 1995–96 fiscal year was [FR Doc. 95–25167 Filed 10–10–95; 8:45 am] kiwifruit during the 1995–96 fiscal year prepared by the Committee, the agency BILLING CODE 3410±34±P beginning August 1, 1995, through July responsible for local administration of 31, 1996. This rule will not preempt any this marketing order, and submitted to State or local laws, regulations, or the Department for approval. The Agricultural Marketing Service policies, unless they present an members of the Committee are irreconcilable conflict with this rule. producers of California kiwifruit and 7 CFR Part 920 The Act provides that administrative one non-industry member. They are [Docket No. FV95±920±2FIR] proceedings must be exhausted before familiar with the Committee’s needs and parties may file suit in court. Under with the costs for goods, services, and Expenses and Assessment Rate for section 608c(15)(A) of the Act, any personnel in their local area and are Marketing Order Covering Kiwifruit handler subject to an order may file thus in a position to formulate an Grown in California with the Secretary a petition stating that appropriate budget. The budget was the order, any provision of the order, or formulated and discussed in public AGENCY: Agricultural Marketing Service, any obligation imposed in connection meetings. Thus, all directly affected USDA. with the order is not in accordance with persons have an opportunity to ACTION: Final rule. law and request a modification of the participate and provide input. order or to be exempted therefrom. A The assessment rate recommended by SUMMARY: The Department of handler is afforded the opportunity for the Committee was derived by dividing Agriculture (Department) is adopting as a hearing on the petition. After the anticipated expenses by expected a final rule, without change, the hearing the Secretary would rule on the shipments of kiwifruit. Because that rate provisions of an interim final rule petition. The Act provides that the is applied to actual shipments, it must authorizing expenditures and district court of the United States in any be established at a rate which will establishing an assessment rate under district in which the handler is an produce sufficient income to pay the Marketing Order No. 920 for the 1995– inhabitant, or has his or her principal Committee’s expected expenses. The 96 fiscal year. Authorization of this place of business, has jurisdiction in recommended budget and rate of budget enables the Kiwifruit equity to review the Secretary’s ruling assessment are usually acted upon by Administrative Committee (Committee) on the petition, provided a bill in equity the Committee shortly before a season to incur expenses that are reasonable is filed not later than 20 days after date starts, and expenses are incurred on a and necessary to administer the of the entry of the ruling. continuous basis. Therefore, the budget program. Funds to administer this Pursuant to requirements set forth in and assessment rate approval must be program are derived from assessments the Regulatory Flexibility Act (RFA), the expedited so that the Committee will on handlers. Administrator of the Agricultural have funds to pay its expenses. DATES: Effective beginning August 1, Marketing Service (AMS) has The Committee met on June 14, 1995, 1995, through July 31, 1996. considered the economic impact of this and unanimously recommended 1995– FOR FURTHER INFORMATION CONTACT: Rose rule on small entities. 96 marketing order expenditures of M. Aguayo, Marketing Specialist, The purpose of the RFA is to fit $172,683 and an assessment rate of 1.5 California Marketing Field Office, Fruit regulatory actions to the scale of cents per tray or tray equivalent of Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52835 kiwifruit. In comparison, 1994–95 List of Subjects in 7 CFR Part 920 Office of the Docket Clerk during regular marketing year budgeted expenditures Kiwifruit, Marketing agreements, working hours. All comments should were $169,157, which is $3,526 less Reporting and recordkeeping reference the docket number of this than the $172,683 recommended for this requirements. issue of the Federal Register. fiscal year. The assessment rate of 1.5 FOR FURTHER INFORMATION CONTACT: cents per tray or tray equivalent is .5 PART 920ÐKIWIFRUIT GROWN IN Richard Schultz, Research and cents more than last year’s assessment CALIFORNIA Promotion Branch, Fruit and Vegetable rate of 1.0 cents. The major budget Division, AMS, USDA, room 2535–S, Accordingly, the interim final rule category for 1995–96 is $102,850 for PO Box 96456, Washington, DC 20090– amending 7 CFR part 920 which was administrative, staff and field salaries. 6456. Telephone (202) 720–5976. Assessment income for 1995–96 is published at 60 FR 36032 on July 13, SUPPLEMENTARY INFORMATION: A estimated to total $135,000 based on 1995, is adopted as a final rule without referendum will be conducted among anticipated fresh domestic shipments of change. eligible lime producers, producer- 9 million trays or tray equivalents of Dated: September 27, 1995. handlers, and importers to determine kiwifruit. The assessment income will Sharon Bomer Lauritsen, whether the issuance of the Lime have to be augmented by $37,683 from Deputy Director, Fruit and Vegetable Division. the Committee’s reserves to provide Research, Promotion, and Consumer adequate funds to cover budgeted [FR Doc. 95–25131 Filed 10–10–95; 8:45 am] Information Order (Order) (7 CFR part expenses. Funds in the reserve at the BILLING CODE 3410±02±P 1212) is favored by a majority of persons end of the 1995–96 fiscal year are voting in the referendum. The Order is estimated to be $40,245. These reserve authorized under the Lime Research, 7 CFR Part 1212 funds will be within the maximum Promotion, and Consumer Information permitted by the order of one fiscal [FV±95±701] Act of 1990, as amended (Act). year’s expenses. The representative period for An interim final rule regarding this Lime Research, Promotion, and establishing voter eligibility for the action was published in the July 13, Consumer Information Order; referendum shall be the period from 1995, issue of the Federal Register (60 Referendum Order and Procedures September 1, 1994, through August 31, FR 36032). That rule provided for a 30- 1995. Persons who have produced or AGENCY: Agricultural Marketing Service, day comment period. No comments imported 200,000 or more pounds of USDA. were received. limes for the fresh market during the While this action will impose some ACTION: Interim final rule with request representative period are eligible to additional costs on handlers, the costs for comments; referendum order. vote. The referendum shall be conducted by mail ballot from are in the form of uniform assessments SUMMARY: The purpose of this November 1, 1995, through November on all handlers. Some of the additional rulemaking action is to give notice of a costs may be passed on to producers. 15, 1995. referendum and to provide procedures Section 1960 of the Act provides that However, these costs will be offset by for which the Department of Agriculture the benefits derived from the operation the Secretary of Agriculture (Secretary) will use in conducting the referendum of the marketing order. Therefore, the shall conduct a referendum not later to determine whether the issuance of Administrator of the AMS has than 30 months after the date on which the Lime Research, Promotion, and determined that this action will not the collection of assessments begins to Consumer Information Order is favored have a significant economic impact on determine whether the issuance of the by a majority of the producers, a substantial number of small entities. Order is favored by a majority of the After consideration of all relevant producer-handlers, and importers voting producers, producer-handlers, and material presented, including the in the referendum. The Lime Board at importers voting in the referendum. Committee’s recommendation, and its August 7, 1995, meeting requested Paragraph (b) of section 1960 of the Act other available information, it is found that a referendum be held as soon as requires that the Order continue in that this final rule, as hereinafter set possible. The referendum order effect only if favored by such majority. forth, will tend to effectuate the establishes the voting period, The Department of Agriculture declared policy of the Act. representative period, method of voting, (Department) is issuing this rule in Pursuant to 5 U.S.C. 553, it is also and agents. conformance with Executive Order found and determined that good cause DATES: This rule is effective October 11, 12866. exists for not postponing the effective 1995 through December 31, 1995. This rule has been reviewed under date of this rule until 30 days after Comments must be received by October Executive Order 12778, Civil Justice publication in the Federal Register 26, 1995. The representative period for Reform. It is not intended to have because: (1) The Committee needs to establishing voter eligibility shall be the retroactive effect. This rule will not have sufficient funds to pay its expenses period from September 1, 1994, through preempt any State or local laws, which are incurred on a continuous August 31, 1995. A referendum shall be regulations, or policies, unless they basis; (2) the 1995–96 fiscal year began conducted by mail ballot from present an irreconcilable conflict with on August 1, 1995, and the marketing November 1, 1995, through November this rule. order requires that the rate of 15, 1995. The Act provides that administrative assessment for the fiscal year apply to ADDRESSES: Interested persons are proceedings must be exhausted before all assessable kiwifruit handled during invited to submit written comments parties may file suit in court. Under the fiscal year; (3) handlers are aware of concerning this rule to: Docket Clerk, section 1957 of the Act, a person subject this rule which was recommended by Fruit and Vegetable Division, AMS, to the Order may file a petition with the the Committee at a public meeting; and USDA, PO Box 96456, Room 2535–S, Secretary stating that the Order or any (4) an interim final rule was published Washington, DC 20090–6456. Three provision of the Order, or any obligation on this action and provided for a 30-day copies of all written materials should be imposed in connection with the Order, comment period; no comments were submitted, and they will be made is not in accordance with law and received. available for public inspection in the requesting a modification of the Order 52836 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations or an exemption from the Order. The of imported limes for the same 12 pounds annually to less than 200,000; petitioner is afforded the opportunity month period indicate truck shipments terminating the initial Board; changing for a hearing on the petition. After such of 292.9 million pounds from Mexico the size and composition of the Board; hearing, the Secretary will make a ruling plus an additional 14.4 million pounds and delaying the initial referendum on the petition. The Act provides that from 9 other countries. Imports date. the district courts of the United States currently represent roughly 94 percent A proposed rule was published in the in any district in which a person who of lime shipments in the United States. April 7, 1994, issue of the Federal is a petitioner resides or carries on The Administrator of the AMS has Register (58 FR 3446) inviting business are vested with jurisdiction to determined that this rule will not have comments on amending the Order to review the Secretary’s ruling on the a significant economic impact on a reflect the provisions of the 1993 Act. A petition, if a complaint for that purpose substantial number of small entities. final rule was published in the February is filed within 20 days after the date of Paperwork Reduction Act 8, 1995, issue of the Federal Register the entry of the ruling. (60 FR 7435). In accordance with the Paperwork In March 1995, as a result of Regulatory Impact Analysis Reduction Act of 1980 (44 U.S.C. terminating the initial Board under the chapter 35), the referendum ballot has Pursuant to requirements set forth in 1993 Act, the Department conducted been approved by the Office of the Regulatory Flexibility Act (RFA), the nomination meetings to nominate lime Management and Budget (OMB) and has Administrator of the Agricultural producers and importers for been assigned OMB number 0581–0093. Marketing Service (AMS) has appointment to the new Board. The It is estimated that there are considered the economic impact of this Board members were appointed by the approximately 50 producers and rule on small entities. Secretary in June 1995 and the newly The purpose of the RFA is to fit producer-handlers and approximately constituted Board met at the Department regulatory actions to the scale of 35 importers who will be eligible to vote in Washington, DC in August 1995. At business subject to such actions in order in the referendum. It will take an this meeting, amid concern over the that small businesses will not be unduly average of 15 minutes for each voter to changing character of the lime industry, or disproportionatley burdened. complete the referendum ballot. The Department estimates that there the Board voted that a referendum be are approximately 50 producers who Background conducted before the Order is fully produce at least 200,000 pounds The Lime Research, Promotion, and implemented to determine industry annually and will be subject to the Consumer Information Act of 1990 support. Order. A majority of producers subject (1990 Act) (Pub. L. 101–624, 7 U.S.C. In response to the Board’s vote, the to the Order will be classified as small 6201–6212) was enacted on November Department is issuing a referendum entities. Small agricultural producers 28, 1990, for the purpose of establishing order and establishing procedures to be have been defined by the Small an orderly procedure for the used in the conduct such referendum. Business Administration (SBA) (13 CFR development and financing of an The interim final rule will add a new 121.601) as those having annual receipts effective and coordinated program of § 1212.90 addressing these procedures. of less than $500,000. research, promotion, and consumer This section covers definitions, voting, The Department estimates that there information to strengthen the domestic referendum agent instructions, use of are approximately 25 first handlers. and foreign markets for limes. The subagents, ballots, the referendum Further, the Department estimates that Order required by the 1990 Act became report, and confidentiality of there are approximately 35 importers effective on January 27, 1992 (57 FR information. who import at least 200,000 pounds and 2985), after notice and comment Pursuant to the provisions in U.S.C. will be subject to the Order. A majority rulemaking. 553, it is found and determined upon of first handlers and importers subject to In March 1992 the Department good cause that it is impracticable, the Order will be classified as small conducted nomination meetings to unnecessary, and contrary to the public entities. Small agricultural service firms, nominate lime producers and importers interest to give preliminary notice prior which include handlers and importers, for appointment to the Lime Board to putting this rule into effect and that have been defined by the SBA as those (Board). The Board members were good cause exists for not postponing the having annual receipts of less than appointed by the Secretary in effective date of this action until 30 days $5,000,000. September 1992 and the Board after publication in the Federal Register Since the enactment of the Act, the conducted its first meeting at the because: (1) This action formalizes the character of the lime industry has Department in Washington, DC in Department’s approval to conduct a significantly changed. As a result of the October 1992. During the course of this referendum as requested by the Board; extensive damage to lime orchards in meeting, the Board and the Department (2) it is necessary that this rule be in Florida by Hurricane Andrew in August concluded that a technical amendment place to conduct a referendum; (3) a 15- 1992, domestic production has to the 1990 Act was needed before an day period is provided to allow plummeted and the volume of imports order could be implemented. interested parties to comment prior to has increased dramatically. Domestic Consequently, full implementation of finalization; and (4) no useful purpose production is not expected to reach pre- the Order was delayed until the would be served by a delay of the Hurricane Andrew levels for several enactment of such technical effective date. more years because Florida accounted amendment. All written comments received in for a majority of domestic production. The Lime Research, Promotion, and response to this rule by the date Shipment reports of domestic limes, Consumer Information Improvement specified herein will be considered from January 1, 1994, through December Act (1993 Act) (Pub. L. 103–194, Dec. prior to finalizing this action. A 15-day 31, 1994, indicate truck shipments of 14, 1993) contained the necessary comment period is considered 13.5 million pounds from Florida, 4.7 technical amendment to properly cover appropriate because any changes to this million pounds from California, and 1 the regulated commodity. The 1993 Act rule should be in effect as soon as million pounds from Texas for a total of also provided for increasing the possible. The referendum begins 19.2 million pounds. Shipment reports exemption level from less than 35,000 November 1, 1995. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52837
Referendum Order PART 1212ÐLIME RESEARCH, contributions by two or more parties so PROMOTION, AND CONSUMER that it results in the production or It is hereby directed that a referendum INFORMATION importation of limes and the authority be conducted among eligible producers, to transfer title to the limes so produced producer-handlers, and importers to 1. The authority citation for 7 CFR or imported. determine whether they favor the part 1212 continues to read as follows: (6) Eligible producer or eligible issuance of the Order. The Authority: 7 U.S.C. 6201–6212. producer-handler means any person representative period for establishing who produces 200,000 pounds or more voter eligibility for the referendum shall 2. Section 1212.90 is added to read as of limes during the representative be the period from September 1, 1994, follows: period and who: through August 31, 1995. A referendum Note: This section will not appear in the (i) Owns or shares in the ownership shall be conducted by mail ballot from Code of Federal Regulations. of production facilities and equipment November 1, 1995, through November resulting in the ownership of the limes 15, 1995. Subpart AÐLime Research, produced; Section 1960(a) of the Act specifies Promotion, and Consumer Information (ii) Rents production facilities and that ‘‘* * * the Secretary shall conduct Order equipment resulting in the ownership of a referendum among producers, § 1212.90 Referendum procedures. all or a portion of the limes produced; producer-handlers, and importers who (iii) Owns production facilities and (1) are not exempt from assessment A referendum to determine whether equipment but does not manage them ** *; and (2) produced or imported eligible producers, producer-handlers, and, as compensation, obtains the limes during a representative period as and importers favor the issuance of the ownership of a portion of the limes determined by the Secretary. Section Order shall be conducted in accordance produced; or 1960(b) of the Act further specifies that with these procedures. (iv) Is a party in a landlord-tenant ‘‘the referendum * * * is for the (a) Definitions. Unless otherwise relationship or a divided ownership purpose of determining whether defined below, the definitions of terms arrangement involving totally issuance of the order is approved or used in these procedures shall have the independent entities cooperating only to favored by not less than a majority of same meaning as the definitions in the produce limes who share the risk of loss the producers, producer-handlers, and Order. and receive a share of the limes importers voting in the referendum. The (1) Administrator means the produced. No other acquisition of legal order shall continue in effect only with Administrator of the Agricultural title to limes shall be deemed to result such a majority.’’ Marketing Service, with power to in persons becoming eligible producers redelegate, or any officer or employee of Richard Schultz and Martha B. or eligible producer-handlers. the Department to whom authority has (7) Eligible importer means any Ransom, Research and Promotion been delegated or may hereafter be Branch, Fruit and Vegetable Division, person who imports 200,000 or more delegated to act in the Administrator’s pounds of limes during the Agricultural Marketing Service, PO Box stead. 96456, Department of Agriculture, representative period. Importation (2) Order means the Lime Research, occurs when commodities originating Washington, DC 20090–6456, are Promotion, and Consumer Information designated as the referendum agents of outside the United States are entered or Order, part 1212, subpart A, §§ 1212.1 withdrawn from the U.S. Customs the Secretary of Agriculture to conduct through 1212.89, title 7 of the Code of this referendum. The procedures Service for consumption in the United Federal Regulations, including any States. Included are persons who hold described below shall be used to amendment to the Order, with respect to conduct the referendum. title to foreign-produced limes which the Secretary has directed that a immediately upon release by the U.S. Ballots to be cast in the referendum, referendum be conducted. Customs Service, as well as any persons and any related material relevant to the (3) Referendum agent or agent means who act on behalf of others, as agents or referendum, will be mailed by the the individual or individuals designated brokers, to secure the release of limes referendum agents to all known by the Secretary to conduct the from the U.S. Customs Service when producers, producer-handlers, and referendum. such limes are entered or withdrawn for importers. Persons who have produced (4) Representative period means the consumption in the United States. or imported 200,000 or more pounds of period designated by the Secretary. (b) Voting. (1) Each person who is an limes for the fresh market during the (5) Person means any individual, eligible producer, producer-handler, or representative period are eligible to group of individuals, partnership, importer, as defined in these vote. Such persons shall establish their corporation, association, cooperative, or procedures, at the time of the eligibility by providing information on any other legal entity. For the purpose referendum and during the the ballot concerning their volume of of this definition, the term representative period, shall be entitled production or importation. Any eligible ‘‘partnership’’ includes, but is not to cast only one ballot in the producer, producer-handler, or importer limited to: referendum. However, each producer in who does not receive a ballot and (i) A husband and wife who has title a landlord-tenant relationship or a related material should immediately to, or leasehold interest in, production divided ownership arrangement contact the referendum agents. facilities and equipment as tenants in involving totally independent entities List of Subjects in 7 CFR Part 1212 common, joint tenants, tenants by the cooperating only to produce limes, in entirety, or, under community property which more than one of the parties is a Administrative practice and laws, as community property, and producer, shall be entitled to cast one procedure, Advertising, Limes, (ii) So-called ‘‘joint ventures’’ wherein ballot in the referendum covering only Marketing agreements, Reporting and one or more parties to the agreement, such producer’s share of the ownership. recordkeeping requirements. informal or otherwise, contributed (2) Proxy voting is not authorized, but For the reasons set forth in the capital and others contributed labor, an officer or employee of an eligible preamble, 7 CFR part 1212 is amended management, equipment, or other corporate producer, producer-handler, as follows: services, or any variation of such or importer, or an administrator, 52838 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations executor, or trustee of an eligible appointment, shall be performed by the administration of programs which producing, producing and handling, or agent. authorize technical assistance as an importing entity may cast a ballot on (e) Ballots. The referendum agent and eligible grant purpose. This action is behalf of such entity. Any individual so subagents shall accept all ballots cast; necessary to implement legislation that voting in the referendum shall certify but, should they, or any of them, deem prohibits duplication of technical that such individual is an officer or that a ballot should be challenged for assistance grant funding provided by the employee of the eligible producer, any reason, the agent or subagent shall Forest Service (FS). The intended effect producer-handler, or importer, or an endorse above their signature, on the of this action is to require that grant administrator, executor, or trustee of an ballot, a statement to the effect that such funds may not be used to pay for eligible producing, producing and ballot was challenged, by whom technical assistance which duplicates handling, or importing entity, and that challenged, the reasons therefore, the assistance provided under an action such individual has the authority to take results of any investigations made with plan funded by the FS under the such action. Upon request of the respect thereto, and the disposition National Forest-Dependent Rural referendum agent, the individual shall thereof. Ballots invalid under these Communities Economic Diversification submit adequate evidence of such procedures shall not be counted. Act during 5 continuous years from the authority. (f) Referendum report. Except as date of grant approval by the FS. (c) Instructions. The referendum agent otherwise directed, the referendum EFFECTIVE DATE: October 11, 1995. agent shall prepare and submit to the shall conduct the referendum, in the FOR FURTHER INFORMATION CONTACT: Administrator a report on results of the manner herein provided, under the Jennifer Barton, Loan Specialist, referendum, the manner in which it was supervision of the Administrator. The Community Facilities Division, U.S. conducted, the extent and kind of Administrator may prescribe additional Department of Agriculture, Room 6304, public notice given, and other instructions, not inconsistent with the South Agriculture Building, 14th Street information pertinent to analysis of the provisions hereof, to govern the and Independence Avenue SW., procedures to be followed by the referendum and its results. (g) Confidential information. The Washington D.C. 20250–0700, telephone referendum agent. Such agent shall: (202) 720–1504. (1) Prepare ballots and related ballots and other information or reports material to be used in the referendum. that reveal, or tend to reveal, the vote of SUPPLEMENTARY INFORMATION: any person in the referendum shall be Ballot material shall provide for Classification recording essential information held strictly confidential and shall not including that needed for ascertaining be disclosed. This rule has been determined to be not significant for purposes of Executive whether the person voting, or on whose Dated: October 4, 1995. Order 12866 and, therefore, has not behalf the vote is cast, is an eligible Lon Hatamiya, voter. been reviewed by the Office of Administrator, Agricultural Marketing Management and Budget. (2) Give reasonable advance public Service. notice of the referendum: Environmental Impact (i) By utilizing available media or [FR Doc. 95–25165 Filed 10–10–95; 8:45 am] public information sources, without BILLING CODE 3410±02±P This document has been reviewed in incurring advertising expense, to accordance with 7 CFR part 1940, publicize the dates, places, method of subpart G, ‘‘Environmental Program.’’ It Rural Housing and Community has been determined that this action voting, eligibility requirements, and Development Service other pertinent information. Such does not constitute a major Federal sources of publicity may include, but Rural Business and Cooperative action significantly affecting the quality are not limited to, print and radio; and Development Service of the human environment, and in (ii) By such other means as the agent accordance with the National may deem advisable. Rural Utilities Service Environmental Policy Act of 1969, Pub. (3) Mail to each eligible producer, Consolidated Farm Service Agency L. 91–190, an Environmental Impact producer-handler, and importer, whose Statement is not required. name and address is known to the agent, 7 CFR Parts 1942 and 1980 Executive Order 12778 the instructions on voting and a ballot. No person who claims to be eligible to RIN 0575±AA12 The proposed regulation has been reviewed in light of Executive Order vote shall be refused a ballot. Rural Business Enterprise Grants and (4) At the end of the voting period, 12778 and meets the applicable Television Demonstration Grants; standards provided in sections 2(a) and collect, open, number, and review the Technical Assistance and Training ballots and tabulate the results in the 2(b)(2) of that Order. Provisions within Grants; Nonprofit National this part which are inconsistent with presence of an agent of the Office of Corporations Loan and Grant Program Inspector General. state law are controlling. All (5) Prepare a report on the AGENCIES: Rural Housing and administrative remedies pursuant to 7 referendum. Community Development Service, Rural CFR part 1900, subpart B, must be (6) Announce the results to the Business and Cooperative Development exhausted prior to filing suit. public. Service, Rural Utilities Service, and Paperwork Reduction Act (d) Subagents. The referendum agent Consolidated Farm Service Agency, may appoint any individual or USDA. The information collection or individuals deemed necessary or ACTION: Final rule. recordkeeping requirements contained desirable to assist the agent in in these regulations have been approved performing such agent’s functions SUMMARY: The Rural Business and by the Office of Management and hereunder. Each individual so Cooperative Development Service Budget (OMB) under the provisions of appointed may be authorized by the (RBCDS) and Rural Utilities Service 44 U.S.C. chapter 35 and have been agent to perform any and all functions (RUS) amend the agencies’ policies and assigned OMB control numbers 0575– which, in the absence of such procedures governing the 0132, 0575–0123, and 0575–0121, in Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52839 accordance with the Paperwork List of Subjects in 7 CFR Parts 1942 and (g) Pay for technical assistance as Reduction Act of 1980. This final rule 1980 defined in this subpart which duplicates does not revise or impose any new Business and Industry; Community assistance provided to implement an information collection or recordkeeping development; Community facilities; action plan funded by the Forest Service requirement from those approved by Economic development, Grant (FS) under the National Forest- OMB. programs—housing and community Dependent Rural Communities Economic Diversification Act for 5 Background development, Grant programs— nonprofit corporations, Industrial park, continuous years from the date of grant RBCDS and RUS are implementing Loan programs—nonprofit corporations, approval by the FS. To avoid duplicate section 2375(e) of Pub. L. 101–624, Rural areas. assistance, the grantee shall coordinate which requires the Secretary of Therefore, chapter XVIII, title 7, Code with the FS and Rural Utilities Service Agriculture to ensure that no of Federal Regulations is amended as (RUS) to ascertain if a grant has been substantially similar geographical or follows: made in a substantially similar defined local area in a state receives a geographical or defined local area in a grant for technical assistance to an PART 1942ÐASSOCIATIONS State for technical assistance under the economically disadvantaged community above program. The grantee will provide from the FS and a grant for technical 1. The authority citation for part 1942 documentation to FS and RUS regarding assistance under a designated rural is revised to read as follows: the contact with each agency. Under its development program as defined in Authority: 5 U.S.C. 301; 7 U.S.C. 1989. program, the FS assists rural section 365(b)(2) of the Consolidated communities dependent upon national Farm and Rural Development Act, Subpart GÐRural Business Enterprise forest resources by establishing rural during any continuous 5-year period. Grants and Television Demonstration forestry and economic diversification Grants action teams which prepare action Discussion of Comments plans. Action plans are intended to 2. Section 1942.307 is amended by provide opportunities to promote On March 16, 1994, a proposed rule adding a new paragraph (a)(6) as economic diversification and enhance was published in the Federal Register follows: (59 FR 12200) providing for a 30-day local economies dependent upon review and comment period ending § 1942.307 Limitations on use of grant national forest resources. funds. April 15, 1994. One comment was PART 1980ÐGENERAL received. (a) * * * The respondent had misinterpreted (6) To pay for technical assistance as 4. The authority citation for part 1980 the proposed rule change to read that defined in this subpart which duplicates is revised to read as follows: assistance provided to implement an the rule change prohibits an Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 economically disadvantaged community action plan funded by the Forest Service U.S.C. 1480. from receiving technical assistance (FS) under the National Forest- grants from the FS, RBCDS and RUS Dependent Rural Communities Subpart GÐNonprofit National during 5 continuous years. However, the Economic Diversification Act for 5 Corporations Loan and Grant Program change prohibits grant funds to an continuous years from the date of grant approval by the FS. To avoid duplicate 5. Section 1980.613 is amended by economically disadvantaged community designating the existing paragraph as for duplicate technical assistance. Grant assistance, the grantee shall coordinate with FS and Rural Business and paragraph (a) and adding paragraph (b) funds cannot be made available from to read as follows: FS, RBCDS and RUS to an economically Cooperative Development Service disadvantaged community for the same (RBCDS) to ascertain if a grant has been § 1980.613 Technical assistance. purpose during 5 continuous years. made in a substantially similar * * * * * Therefore, the final rule remains geographical or defined local area in a (b) Grant funds for technical unchanged from the proposed rule. State for technical assistance under the assistance which duplicates assistance above program. The grantee will provide provided under an action plan funded Programs Affected documentation to FS and RBCDS by the Forest Service (FS) under the The programs are listed in the Catalog regarding the contact with each agency. National Forest-Dependent Rural of Federal Domestic Assistance under Under its program, the FS assists rural Communities Economic Diversification Numbers 10.769, Rural Development communities dependent upon national Act will not be provided for 5 Grants; 10.761, Technical Assistance forest resources by establishing rural continuous years from the date of grant and Training Grants; and 10.762, Solid forestry and economic diversification approval by the FS. To avoid duplicate Waste Management Grants. The 10.769 action teams which prepare action assistance, the NNC shall coordinate program is subject to the provisions of plans. Action plans are intended to with the FS and Rural Business and Executive Order 12372 which requires provide opportunities to promote Cooperative Development Service intergovernmental consultation with economic diversification and enhance (RBCDS) to determine the best use of State and local officials. The 10.761 and local economies dependent upon available resources and to ascertain if a 10.762 programs are exempt from the national forest resources. grant has been made in a substantially provisions of Executive Order 12372. * * * * * similar geographical or defined local RUS conducts intergovernmental area in a State for technical assistance consultation in the manner delineated Subpart JÐTechnical Assistance and under the above program. The NNC will in FmHA Instruction 1940–J. The Training Grants provide documentation to FS and Nonprofit National Corporations Loan 3. Section 1942.460 is amended by RBCDS regarding the contact with each and Grant Program (NNC) is an old adding paragraph (g) to read as follows: agency. Under its program, the FS program that is no longer offered, assists rural communities dependent however, the Agency continues to § 1942.460 Limitations. upon national forest resources by service existing grantees. * * * * * establishing rural forestry and economic 52840 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations diversification action teams which PART 2610ÐORGANIZATION, abuse in the administration of the prepare action plans. Action plans are FUNCTIONS, AND DELEGATIONS OF Department’s program and operations. intended to provide opportunities to AUTHORITY (iii) Keep the Secretary and the promote economic diversification and congress fully and currently informed enhance local economies dependent Sec. about problems and deficiencies and the 2610.1 General statement. necessity for and progress of corrective upon national forest resources. 2610.2 Headquarters organization. actions in the administration of the Dated: September 14, 1995. 2610.3 Regional organization. 2610.4 Requests for service. Department’s programs and operations. Jill Long Thompson, 2610.5 Delegations of authority. (iv) Make such investigations and Under Secretary, Rural Economic and Authority: 5 U.S.C. 301 and 552, Pub. L. reports relating to the administration of Community Development. 95–452, 5 U.S.C. App., and Pub. L. 97–98, 7 programs and operations of the [FR Doc. 95–25017 Filed 10–10–95; 8:45 am] U.S.C. 2270. Department as are in the judgment of BILLING CODE 3410±32±U the IG, necessary or desirable. § 2610.1 General statement. (v) Review existing and proposed (a) The Inspector General Act of 1978 legislation and regulations and make Office of Inspector General as amended, Pub. L. 95–452, 5 U.S.C. recommendations to the Secretary and App., establishes an Office of Inspector the Congress on the impact such laws or 7 CFR Part 2610 General (OIG) in the U.S. Department of regulations will have on the economy Agriculture (USDA) and transfers to it and efficiency of program Organization, Functions, and the functions, powers, and duties of administration or in the prevention and Delegations of Authority offices referred to in the Department as detection of fraud and abuse in the the ‘‘Office of Investigation’’ and the programs and operations of the AGENCY: Office of Inspector General, ‘‘Office of Audit,’’ previously assigned Department. USDA. to the OIG created by the Secretary’s (vi) Have access to all records, reports, Memoranda 1915 and 1727, dated ACTION: Final rule. audits, reviews, documents, papers, March 23, 1977, and October 5, 1977, recommendations, or other material respectively. Under this Act, OIG is SUMMARY: The Office of Inspector available to the Department which relate established as an independent and General amends its regulation relating to to programs and operations for which objective unit, headed by the Inspector the IG has responsibility. organization, functions, and delegations General (IG), who is appointed by the (vii) Report expeditiously to the of authority. The amendments are President and reports to and is under Attorney General any matter where necessary to reflect a reorganization of the general supervision of the Secretary. there are reasonable grounds to believe the Office of Inspector General. (b) The mission of OIG is to provide there has been a violation of Federal EFFECTIVE DATE: October 11, 1995. policy direction; to conduct, supervise, criminal law. and coordinate audits and investigations (viii) Issue subpoenas to other than FOR FURTHER INFORMATION CONTACT: of USDA programs and operations to Federal agencies for the production of Paula F. Hayes, Assistant Inspector determine efficiency and effectiveness; information, documents, reports, General for Policy Development and to prevent and detect fraud and abuse in answers, records, accounts, papers, and Resources Management, Office of such programs and operations; and to other data and documentary evidence Inspector General, U.S. Department of keep the Secretary and the Congress necessary in the performance of Agriculture, Ag Box 2310, Washington informed of problems and deficiencies functions assigned by the Act. D.C. 20250 (202–720–6979) relative to the programs and operations. (ix) Receive and investigate (c) The Secretary has made the SUPPLEMENTARY INFORMATION: This rule complaints or information from any following delegations of authority to the relates to internal agency management. Department employee concerning IG (7 CFR 2.33): Therefore, pursuant to 5 U.S.C. 553, it possible violations of laws, rules or (1) Advise the Secretary and General regulations, or mismanagement, gross is found upon good cause that notice Officers in the planning, development, waste of funds, abuse of authority, or and other public procedures with and execution of Department policies substantial and specific dangers to the respect thereto are unnecessary and and programs. public health and safety. contrary to the public interest, and good (2) Provide for the personal security of (x) Select, appoint, and employ cause is found for making this rule the Secretary and Deputy Secretary. necessary officers and employees in OIG effective less than 30 days after (3) Serve as liaison official for the in accordance with laws and regulations publication in the Federal Register. Department for all audits of USDA governing the civil service, including an Further, because this rule relates to performed by the General Accounting Assistant Inspector General for Auditing internal agency management, it is Office. and an Assistant Inspector General for exempt from the provisions of Executive (4) In addition to the above Investigations. Order 12291. Lastly, this action is not a delegations of authority, the IG, under (xi) Obtain services as authorized by rule as defined in Pub. L. 96–354, the the general supervision of the secretary, Section 3109 of Title 5, United States Regulatory Flexibility Act, and thus is has specific duties, responsibilities, and Code. exempt from the provisions of that Act. authorities pursuant to the Act, (xii) Enter into contracts and other including: arrangements for audits, inspections, List of Subjects in 7 CFR Part 2610 (i) Conduct and supervise audits and studies, analyses, and other services Authority delegations (Government investigations relating to programs and with public agencies and private agencies), Organization and functions operations of the Department. persons, and make such payments as (Government agencies). (ii) Provide leadership, coordination, may be necessary to carry out the and policy recommendations to promote provisions of the Act to the extent and According, part 2610 is revised as economy, efficiency, and effectiveness, in such amounts as may be provided in follows: and to prevent and detect fraud and an appropriation act. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52841
(d) The IG, under the Agriculture and Missouri, and six regional offices shown IG and to the AIG/A for supervising the Food Act of 1981, Pub. L. 97–98, 7 in § 2610.3(a). The staff provides a performance of all OIG auditing U.S.C. 2270, and pursuant to rules continual audit review of ADP security activities relating to the Department’s issued by the Secretary in 7 CFR part 1a, throughout USDA. Auditing officials domestic and foreign programs and has the authority to: conduct operational liaison on audit operations within an assigned (1) Designate employees of the Office matters; schedule and conduct audits; geographic area. The addresses and of Inspector General who investigate release audit reports to management; telephone numbers of the six Audit alleged or suspected felony criminal follow agency action to assure that audit Regional Offices and the territories violations of statutes administered by reports have been properly acted upon served are as follows: the Secretary of Agriculture or any through review of Department agency of USDA, when engaged in the management follow up system; monitor Audit Region, Address, Telephone Number, performance of official duties to: the quality of OIG audit reports; and and Territory (i) Execute and serve a warrant for an coordinate activities with the Assistant Northeast Region, ATTN: Suite 5D06, 4700 arrest, for the search of premises, or the inspector General (AIG) for River Road, Unit 151, Riverdale, seizure of evidence when issued under Investigations. The staff also provides Maryland 20737–1237, (301) 734–8763; authority of the United States upon an integrated approach to fraud Connecticut, Delaware, District of probable cause to believe that such a prevention and detection and Columbia, Maine, Maryland, violation has been committed; management improvement in USDA Massachusetts, New Hampshire, New (ii) Make an arrest without a warrant programs and operations; reviews Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Virgin Islands, for any such violation if such violation Department legislation and regulations Vermont, Virginia, and West Virginia. is committed or if the employee has through the involvement and Southeast Region, 401 W. Peachtree Street probable cause to believe that such cooperation of the Department’s NW., Room 2328, Atlanta, Georgia violation is being committed in his/her principal officers and program 30365–3520, (404) 730–3210; Alabama, presence; and managers; coordinates analyses and Florida, Georgia, Kentucky, Mississippi, (iii) Carry a firearm. reports on the conduct of fraud North Carolina, South Carolina, and (2) Issue directives and take the vulnerability assessments; and Tennessee. actions prescribed by the Secretary’s recommends policies and provides Midwest Region, 111 N. Canal Street, Suite rules. technical assistance for investigative 1130, Chicago, Illinois 60606–7295, (312) and audit operations. The Auditing 353–1352; Illinois, Indiana, Michigan, § 2610.2 Headquarters organization. headquarters office consists of the Minnesota, Ohio, and Wisconsin. (a) The OIG has a headquarters office immediate office of the AIG/A and four Southwest Region, 101 South Main, Room in Washington, DC, and regional offices staff divisions. 324, Temple, Texas 76501, (817) 774– throughout the United States. The 1430; Arkansas, Louisiana, New Mexico, (3) The Assistant Inspector General Oklahoma, and Texas. headquarters office consists of the for Investigations (AIG/I) carries out the immediate office of the IG and three Great Plains Region, 9435 Holmes, Room 233, OIG’s domestic and foreign investigative Kansas City, Missouri 64131, Mailing operational units. operations through a headquarters office (b) Operational units. (1) The address: PO Box 293, Kansas City, and the seven regional offices shown in Missouri 64141, (816) 926–7667; Assistant Inspector General for Policy § 2610.3(b). Investigations officials Colorado, Iowa, Kansas, Missouri, Development and Resources conduct operational and intelligence Montana, Nebraska, North Dakota, South Management (AIG/PD&RM) formulates liaison on investigative matters with the Dakota, Wyoming, and Utah. OIG policies and procedures; develops, FBI, Secret Service, Internal Revenue Western Region, 600 Harrison Street, Suite administers and directs comprehensive Service (IRS), Interpol, and other 225, San Francisco, California 94107, programs for the management, budget, Federal and State law enforcement (415) 744–2851; Alaska, Arizona, financial, personnel, systems organizations; determine the need for California, Hawaii, Idaho, Nevada, Oregon, Territory of Guam, Trust improvement, and information activities investigative action; conduct and operations of OIG; and is Territories of the Pacific, and investigations; prepare factual reports of Washington. responsible for OIG automated date investigative findings; refer reports for processing (ADP) and OIG information appropriate administrative or legal (b) Each RIG/I is responsible to the IG management systems. The staff action; followup on agency actions to and to the AIG/I for supervising the maintains OIG’s directives system; assure that OIG investigative reports performance of all OIG investigative Departmental Regulations and Federal have been properly acted upon; monitor activities relating to the Department’s Register issuances; administers the the quality of investigative reports; and domestic and foreign programs and Freedom of Information and Privacy coordinate activities with the AIG/A. operations within an assigned Acts, which includes requests received The staff also conducts special geographic area. The addresses and from the Congress, other Federal investigations of major programs, telephone numbers of the seven agencies, intergovernmental operations, and high level officials; organizations, the news media, and the Investigations Regional Offices and the provides for the protection of the territories served are as follows: public; and provides for the Secretary and Deputy Secretary; administration of an OIG EEO program, receives and processes employee Investigations Region, Address, Telephone including affirmative action. The complaints concerning possible Number, and Territory immediate office of the AIG/PD&RM violations of laws, rules, regulations or North Atlantic Region, 26 Federal Plaza, and two divisions carry out these mismanagement. The Investigations Room 1409, New York, New York 10278, functions. headquarters office consists of the (212) 264–8400; Connecticut, Maine, (2) The Assistant Inspector General immediate office of the AIG/I and three Massachusetts, New Hampshire, New for Audit (AIG/A) carries out the OIG’s staff divisions. Jersey, New York, Puerto Rico, Rhode domestic and foreign audit operations Island, Vermont, and Virgin Islands. through a headquarters office, a § 2610.3 Regional organization. Financial Management and ADP Audit (a) Each Regional Inspector General Operations staff located in Kansas City, for Audit (RIG/A) is responsible to the 52842 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Northeast Region, ATTN: Suite 5D06, 4700 policies, program, procedures, and § 2620.1 General statement. River Road, Unit 151, Riverdale, standards; to allocate appropriated This part is issued in accordance Maryland 20737–1237, (301) 734–8850; funds; to determine audit and with, and subject to, the regulations of Delaware, District of Columbia, investigative jurisdiction; and to the Secretary of Agriculture § 1.1 Maryland, Pennsylvania, Virginia, and exercise any of the powers or functions West Virginia. through § 1.23 (and Appendix A of Southeast Region, 401 W. Peachtree Street or perform any of the duties referenced subpart A of part 1) of this title, NW., Room 2329, Atlanta, Georgia in the above delegation. implementing the Freedom of 30365–3520, (404) 730–2170; Alabama, Issued at Washington, DC, this 3rd day of Information Act, 5 U.S.C. 552, and Florida, Georgia, Kentucky, Mississippi, October, 1995. governs the availability of records of the North Carolina, South Carolina, and Roger C. Viadero, Office of Inspector General (OIG) to the Tennessee. Inspector General. public upon request. Midwest Region, 111 N. Canal Street, Suite 1130, Chicago, Illinois 60606–7295, (312) [FR Doc. 95–25124 Filed 10–10–95; 8:45 am] § 2620.2 Public Inspection and copying. 353–1358; Illinois, Indiana, Michigan, BILLING CODE 3410±23±M 5 U.S.C. 522(a)(2) requires that certain Minnesota, Ohio, and Wisconsin. materials be made available for public Southwest Region, 101 South Main, Room 311, Temple, Texas 76501, (817) 774– 7 CFR Part 2620 inspection and copying, and that a 1351; Arkansas, Louisiana, New Mexico, current index of these materials be Oklahoma, and Texas. Availability of Information to the Public published quarterly or otherwise made Great Plains Region, 9435 Holmes, Room 210, available. OIG does not maintain any Kansas City, Missouri 64131, Mailing AGENCY: Office of Inspector General, materials within the scope of these address: PO Box 293, Kansas City, USDA. requirements. Missouri 64141, (816) 926–7606: ACTION: Final rule. Colorado, Iowa, Kansas, Missouri, § 2620.3 Requests. Montana, Nebraska, North Dakota, South SUMMARY: The Office of Inspector (a) Requests for OIG records shall be Dakota, Wyoming, and Utah. General amends its regulations relating in writing in accordance with § 1.6(a) of Western Region, 600 Harrison Street, Room to the availability of information to the this title and addressed to the Assistant 225, San Francisco, California 94107, public to reflect a reorganization of the Inspector General for Policy (415) 744–2887; Alaska, Arizona, Office of Inspector General. California, Hawaii, Idaho, Nevada, Development and Resources EFFECTIVE DATE: Oregon, Territory of Guam, Trust October 11, 1995. Management (AIG/PD&RM), Office of Territories of the Pacific, and FOR FURTHER INFORMATION CONTACT: Inspector General, U.S. Department of Washington. Paula F. Hayes, Assistant Inspector Agriculture, Ag Box 2310, Washington, General for Policy Development and D.C. 20250. The above official is hereby § 2610.4 Requests for service. Resources Management, Office of delegated authority to make (a) Heads of USDA agencies will Inspector General, U.S. Department of determinations regarding such requests direct requests for audit or investigative Agriculture, Ag Box 2310, Washington, in accordance with § 1.3(a)(3) of this service to the AIG/A, AIG/I, RIG/A, RIG/ D.C. 20250 (202–720–6979). title. I, or to other OIG audit or investigation SUPPLEMENTARY INFORMATION: This rule (b) Requests should be reasonably officials responsible for providing relates to internal agency management. specific in identifying the record service of the type desired in the Therefore, pursuant to 5 U.S.C. 553, it requested and should include the name, geographical area where service is is found upon good cause that notice address, and telephone number of the desired. and other public procedures with requester. (b) Agency officials or other respect thereto are unnecessary and (c) Available records may be employees may, at any time, direct to contrary to the public interest, and good inspected and copied in the office of the the personal attention of the IG any cause is found for making this rule AIG/PD&RM, from 8 a.m. to 4:30 p.m. audit or investigation matter that effective less than 30 days after local time on regular working days or warrants such attention. publication in the Federal Register. may be obtained by mail. Copies will be (c) Other persons may address their Further, because this rule relates to provided upon payment of applicable communications regarding audit or internal agency management, it is fees, unless waived or reduced, in investigative matters to: The Inspector exempt from the provisions of Executive accordance with the Department’s fee General, U.S. Department of Order 12291. Lastly, this action is not a schedule as set forth in Appendix A of Agriculture, Ag Box 2301, Washington, rule as defined in Pub. L. 96–354, the subpart A of part 1 of this title. DC 20250. Additionally, persons may Regulatory Flexibility Act, and thus is call or write the hotline office at 202– exempt from the provisions of that Act. § 2620.4 Denials. 690–1622, 1–800–424–9121, TDD 202– If the AIG/PD&RM determines that a 690–1202, or Office of Inspector List of Subjects in 7 CFR Part 2620 requested record is exempt from General, PO Box 23399, Washington, DC Freedom of information. mandatory disclosure and that 20026. Bribes involving USDA programs Accordingly, 7 CFR part 2620 is discretionary release would be may be reported using the 24 hour revised to read as follows: improper, the AIG/PD&RM shall give bribery hotline number at 202 720– written notice of denial in accordance 7257. PART 2620ÐAVAILABILITY OF with § 1.8(a) of this title. INFORMATION TO THE PUBLIC § 2610.5 Delegations of authority. § 2620.5 Appeals. (a) AIG’s listed in § 2610.2; and RIG’s Sec. The denial of a requested record may 2620.1 General statement. listed in § 2610.3, are authorized to take 2620.2 Public inspection and copying. be appealed in accordance with § 1.6(e) whatever actions are necessary to carry 2620.3 Requests. of this title. Appeals shall be addressed out their assigned functions. This 2620.4 Denials. to the Inspector General, U.S. authority may be redelegated. 2620.5 Appeals. Department of Agriculture, Ag Box (b) The IG reserves the right to Authority: 5 U.S.C. 301 and 552; 5 U.S.C. 2301, Washington, D.C. 20250. The establish audit and investigation App. Inspector General will give prompt Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52843 notice of the determination concerning AD may be obtained from Gates Learjet, the engine fire pull switch assembly, an appeal in accordance with § 1.8(d) of Mid-Continent Airport, P. O. Box 7707, which could result in the inability of the this title. Wichita, Kansas 67277. This flight crew to shut down certain systems Issued at Washington, D.C. this 3rd day of information may be examined at the or to arm the fire extinguishers, or October, 1995. FAA, Transport Airplane Directorate, inadvertent shutdown of one or both Roger C. Viadero, 1601 Lind Avenue, SW., Renton, engines. This AD requires an inspection Inspector General. Washington; or at the FAA, Wichita to identify the serial numbers of the left- Aircraft Certification Office, Small hand (pilot) and right-hand (copilot) [FR Doc. 95–25123 Filed 10–10–95; 8:45 am] Airplane Directorate, 1801 Airport engine fire pull switch assemblies, and BILLING CODE 3410±23±M Road, Room 100, Mid-Continent replacement of any suspect assembly Airport, Wichita, Kansas; or at the with a serviceable assembly. The actions Office of the Federal Register, 800 North are required to be accomplished in DEPARTMENT OF TRANSPORTATION Capitol Street, NW., suite 700, accordance with the alert service Washington, DC. bulletins described previously. Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Since a situation exists that requires 14 CFR Part 39 C. Dale Bleakney, Aerospace Engineer, the immediate adoption of this FAA, Wichita Aircraft Certification regulation, it is found that notice and [Docket No. 95±NM±178±AD; Amendment Office, Small Airplane Directorate, 1801 opportunity for prior public comment 39±9388; AD 95±21±03] Airport Road, Room 100, Mid-Continent hereon are impracticable, and that good Airworthiness Directives; Learjet Airport, Wichita, Kansas; telephone cause exists for making this amendment Model 31A and 60 Airplanes (316) 946–4135; fax (316) 946–4407. effective in less than 30 days. SUPPLEMENTARY INFORMATION: The FAA Comments Invited AGENCY: Federal Aviation has received a report indicating that a Administration, DOT. certain batch of engine fire pull switch Although this action is in the form of ACTION: Final rule; request for assemblies may contain microswitches a final rule that involves requirements comments. that were manufactured with internal affecting flight safety and, thus, was not defects. These assemblies are installed preceded by notice and an opportunity SUMMARY: This amendment adopts a on Learjet Model 31A and 60 airplanes. for public comment, comments are new airworthiness directive (AD) that is The left-hand (pilot) and right-hand invited on this rule. Interested persons applicable to certain Learjet Model 31A (copilot) engine fire pull switch are invited to comment on this rule by and 60 airplanes. This action requires assemblies contain four microswitches submitting such written data, views, or an inspection to identify the serial each, all of which may be affected. Such arguments as they may desire. numbers of the engine fire pull switch internal defects can cause electrical Communications shall identify the assemblies, and replacement of the failure of the switch in the open or Rules Docket number and be submitted assembly with a serviceable assembly, if closed position, regardless of the in triplicate to the address specified necessary. This amendment is prompted position of the ENG FIRE PULL tee under the caption ADDRESSES. All by a report indicating that certain handle. If the switch fails in the open communications received on or before engine fire pull switch assemblies may position, the fire tee handle would be the closing date for comments will be contain microswitches that were inoperable. This condition, if not considered, and this rule may be manufactured with internal defects. corrected, could result in the inability of amended in light of the comments Such defects could result in electrical the flight crew to shut down certain received. Factual information that failure of the switch in the open or systems (such as the fuel or hydraulics supports the commenter’s ideas and closed position. The actions specified in system) or to arm the fire extinguishers. suggestions is extremely helpful in this AD are intended to prevent failure Failure of the switch in the closed evaluating the effectiveness of the AD of the switch, which could result in the position could result in fuel starvation. action and determining whether inability of the flight crew to shut down This condition, if not corrected, could additional rulemaking action would be certain systems or to arm the fire result in inadvertent shutdown of one or needed. extinguishers due to inoperation of the both engines during flight. Comments are specifically invited on fire tee handle, or inadvertent shutdown The FAA has reviewed and approved the overall regulatory, economic, of one or both engines due to fuel Learjet Alert Service Bulletin SB A31– environmental, and energy aspects of starvation. 26–3 (for Model 31A airplanes) and SB the rule that might suggest a need to DATES: Effective October 26, 1995. A60–26–1 (for Model 60 airplanes), both modify the rule. All comments The incorporation by reference of dated July 14, 1995, which describe submitted will be available, both before certain publications listed in the procedures for an inspection to identify and after the closing date for comments, regulations is approved by the Director the serial numbers of the left-hand in the Rules Docket for examination by of the Federal Register as of October 26, (pilot) and right-hand (copilot) engine interested persons. A report that 1995. fire pull switch assemblies, and summarizes each FAA–public contact Comments for inclusion in the Rules replacement of any suspect assembly concerned with the substance of this AD Docket must be received on or before with a serviceable assembly. will be filed in the Rules Docket. December 11, 1995. Replacement of suspect assemblies will Commenters wishing the FAA to ADDRESSES: Submit comments in restore the integrity of the engine fire acknowledge receipt of their comments triplicate to the Federal Aviation pull switch. submitted in response to this rule must Administration (FAA), Transport Since an unsafe condition has been submit a self-addressed, stamped Airplane Directorate, ANM–103, identified that is likely to exist or postcard on which the following Attention: Rules Docket No. 95–NM– develop on other Learjet Model 31A and statement is made: ‘‘Comments to 178–AD, 1601 Lind Avenue, SW., 60 airplanes of the same type design, Docket Number 95–NM–178–AD.’’ The Renton, Washington 98055–4056. The this AD is being issued to prevent postcard will be date stamped and service information referenced in this electrical failure of the microswitches in returned to the commenter. 52844 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
The regulations adopted herein will airplanes that have been modified, altered, or provides an acceptable level of safety may be not have substantial direct effects on the repaired so that the performance of the used if approved by the Manager, Wichita States, on the relationship between the requirements of this AD is affected, the Aircraft Certification Office (ACO), FAA, national government and the States, or owner/operator must use the authority Small Airplane Directorate. Operators shall provided in paragraph (d) of this AD to submit their requests through an appropriate on the distribution of power and request approval from the FAA. This FAA Principal Maintenance Inspector, who responsibilities among the various approval may address either no action, if the may add comments and then send it to the levels of government. Therefore, in current configuration eliminates the unsafe Manager, Wichita ACO. accordance with Executive Order 12612, condition; or different actions necessary to Note 2: Information concerning the it is determined that this final rule does address the unsafe condition described in existence of approved alternative methods of not have sufficient federalism this AD. Such a request should include an compliance with this AD, if any, may be implications to warrant the preparation assessment of the effect of the changed obtained from the Wichita ACO. configuration on the unsafe condition of a Federalism Assessment. (e) Special flight permits may be issued in The FAA has determined that this addressed by this AD. In no case does the presence of any modification, alteration, or accordance with sections 21.197 and 21.199 regulation is an emergency regulation repair remove any airplane from the of the Federal Aviation Regulations (14 CFR that must be issued immediately to applicability of this AD. 21.197 and 21.199) to operate the airplane to correct an unsafe condition in aircraft, a location where the requirements of this AD Compliance: Required as indicated, unless can be accomplished. and that it is not a ‘‘significant accomplished previously. regulatory action’’ under Executive (f) The inspection and replacement shall be To prevent electrical failure of the done in accordance with Learjet Alert Service microswitches in the engine fire pull switch Order 12866. It has been determined Bulletin SB A31–26–3, dated July 14, 1995, assembly, which could result in the inability further that this action involves an and Learjet Alert Service Bulletin SB A60– of the flight crew to shut down certain emergency regulation under DOT 26–1, dated July 14, 1995. This incorporation systems or to arm the fire extinguishers, or Regulatory Policies and Procedures (44 by reference was approved by the Director of inadvertent shutdown of one or both engines, FR 11034, February 26, 1979). If it is the Federal Register in accordance with 5 accomplish the following: U.S.C. 552(a) and 1 CFR part 51. Copies may determined that this emergency (a) For Model 31A airplanes: Within 50 be obtained from Gates Learjet, Mid- regulation otherwise would be hours time-in-service after the effective date Continent Airport, PO Box 7707, Wichita, significant under DOT Regulatory of this AD, perform an inspection to identify Kansas 67277. Copies may be inspected at Policies and Procedures, a final the serial numbers of the left-hand (pilot) and right-hand (copilot) engine fire pull switch the FAA, Transport Airplane Directorate, regulatory evaluation will be prepared 1601 Lind Avenue SW., Renton, Washington; and placed in the Rules Docket. A copy assemblies in accordance with Learjet Alert Service Bulletin SB A31–26–3, dated July 14, or at the FAA, Wichita Aircraft Certification of it, if filed, may be obtained from the Office, Small Airplane Directorate, 1801 Rules Docket at the location provided 1995. (1) If the serial number of the assembly is Airport Road, Room 100, Mid-Continent under the caption ADDRESSES. not identified as 2326, 2363 through 2377 Airport, Wichita, Kansas; or at the Office of the Federal Register, 800 North Capitol Street List of Subjects in 14 CFR Part 39 inclusive, or 3000 through 3019 inclusive: No further action is required by this AD. NW., suite 700, Washington, DC. Air transportation, Aircraft, Aviation (2) If the serial number of the assembly is (g) This amendment becomes effective on safety, Incorporation by reference, identified as 2326, 2363 through 2377 October 26, 1995. Safety. inclusive, or 3000 through 3019 inclusive: Issued in Renton, Washington, on October Prior to further flight, replace the engine fire 2, 1995. Adoption of the Amendment pull switch assembly with a serviceable Darrell M. Pederson, Accordingly, pursuant to the assembly in accordance with the alert service Acting Manager, Transport Airplane authority delegated to me by the bulletin. Directorate, Aircraft Certification Service. (b) For Model 60 airplanes: Within 50 Administrator, the Federal Aviation [FR Doc. 95–24902 Filed 10–10–95; 8:45 am] Administration amends part 39 of the hours time-in-service after the effective date of this AD, perform an inspection to identify BILLING CODE 4910±13±U Federal Aviation Regulations (14 CFR the serial numbers of the left-hand (pilot) and part 39) as follows: right-hand (copilot) engine fire pull switch assemblies in accordance with Learjet Alert 14 CFR Part 39 PART 39ÐAIRWORTHINESS Service Bulletin SB A60–26–1, dated July 14, [Docket No. 95±NM±169±AD; Amendment DIRECTIVES 1995. 39±9390; AD 95±21±05] 1. The authority citation for part 39 (1) If the serial number of the assembly is not identified as 106 through 168 inclusive: Airworthiness Directives; Boeing continues to read as follows: No further action is required by this AD. Authority: 49 U.S.C. 106(g), 40101, 40113, (2) If the serial number of the assembly is Model 767 Series Airplanes 44701. identified as 106 through 168 inclusive: Prior AGENCY: Federal Aviation to further flight, replace the engine fire pull Administration, DOT. § 39.13 [Amended] switch assembly with a serviceable assembly 2. Section 39.13 is amended by in accordance with the alert service bulletin. ACTION: Final rule; request for adding the following new airworthiness (c) As of the effective date of this AD, no comments. directive: person shall install on any airplane an engine fire pull switch assembly having a serial SUMMARY: This amendment adopts a 95–21–03 Learjet: Amendment 39–9388. number identified in paragraph (c)(1) or (c)(2) new airworthiness directive (AD) that is Docket 95–NM–178–AD. of this AD, as applicable, unless such serial applicable to certain Boeing Model 767 Applicability: Model 31A airplanes, serial number is preceded by the letters ‘‘RS’’ and series airplanes. This action requires an numbers 31–093 through 31–108 inclusive; accompanied by a repair date code later than inspection to detect damage of the wire and Model 60 airplanes, serial numbers 60– June 1, 1995. bundles in the left side of the flight 034 through 60–061 inclusive; certificated in (1) For Model 31A airplanes: Serial compartment in the vicinity of the any category. numbers 2326, 2363 through 2377 inclusive, stowage box for the captain’s oxygen Note 1: This AD applies to each airplane and 3000 through 3019 inclusive. identified in the preceding applicability (2) For Model 60 airplanes: Serial numbers mask, and repair, if necessary; a provision, regardless of whether it has been 106 through 168 inclusive. continuity check on repaired wires; modified, altered, or repaired in the area (d) An alternative method of compliance or installation of sleeving over the wire subject to the requirements of this AD. For adjustment of the compliance time that bundles; and rerouting of the wire Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52845 bundles. This amendment is prompted oxygen connector and the adjacent wire submitting such written data, views, or by reports of chafed wiring and minimal bundles. Chafing of the wires on oxygen arguments as they may desire. clearance between the oxygen connector system components in the vicinity of Communications shall identify the and the adjacent wire bundles in the the stowage box for the captain’s oxygen Rules Docket number and be submitted vicinity of the stowage box for the mask, if not corrected, could result in in triplicate to the address specified captain’s oxygen mask. The actions electrical arcing and leakage of oxygen; under the caption ADDRESSES. All specified in this AD are intended to these conditions could result in a fire in communications received on or before prevent such chafing and inadequate the flight compartment. the closing date for comments will be clearance, which could result in The FAA has reviewed and approved considered, and this rule may be electrical arcing and consequent oxygen Boeing Alert Service Bulletin 767– amended in light of the comments leakage in the vicinity of the stowage 35A0028, dated September 7, 1995, received. Factual information that box; these conditions, if not corrected, which describes procedures for a one- supports the commenter’s ideas and could result in a fire in the flight time inspection to detect damage of the suggestions is extremely helpful in compartment. wire bundles in the left side of the flight evaluating the effectiveness of the AD DATES: Effective October 26, 1995. compartment in the vicinity of the action and determining whether The incorporation by reference of stowage box for the captain’s oxygen additional rulemaking action would be certain publications listed in the mask and repair, if necessary; a needed. regulations is approved by the Director continuity check on repaired wires; Comments are specifically invited on of the Federal Register as of October 26, installation of sleeving over the wire the overall regulatory, economic, 1995. bundles; and rerouting of the wire environmental, and energy aspects of Comments for inclusion in the Rules bundles. Accomplishment of these the rule that might suggest a need to Docket must be received on or before procedures will prevent chafing of these modify the rule. All comments December 11, 1995. wires, which could result in electrical submitted will be available, both before ADDRESSES: Submit comments in arcing, and will also ensure that and after the closing date for comments, triplicate to the Federal Aviation adequate spacing separates the oxygen in the Rules Docket for examination by Administration (FAA), Transport equipment and adjacent wire bundles. interested persons. A report that Since an unsafe condition has been Airplane Directorate, ANM–103, summarizes each FAA-public contact identified that is likely to exist or Attention: Rules Docket No. 95–NM– concerned with the substance of this AD develop on other Boeing Model 767 169–AD, 1601 Lind Avenue, SW., will be filed in the Rules Docket. series airplanes of the same type design, Renton, Washington 98055–4056. Commenters wishing the FAA to this AD is being issued to prevent wire The service information referenced in acknowledge receipt of their comments chafing on oxygen system components this AD may be obtained from Boeing submitted in response to this rule must and consequent oxygen leakage in the Commercial Airplane Group, P.O. Box submit a self-addressed, stamped vicinity of the stowage box for the 3707, Seattle, Washington 98124–2207. postcard on which the following captain’s oxygen mask, which could This information may be examined at statement is made: ‘‘Comments to result in a fire in the flight the FAA, Transport Airplane Docket Number 95–NM–169–AD.’’ The compartment. This AD requires a one- Directorate, 1601 Lind Avenue, SW., postcard will be date stamped and time inspection to detect damage of the Renton, Washington; or at the Office of returned to the commenter. wire bundles in the left side of the flight the Federal Register, 800 North Capitol The regulations adopted herein will Street, NW., suite 700, Washington, DC. compartment in the vicinity of the stowage box for the captain’s oxygen not have substantial direct effects on the FOR FURTHER INFORMATION CONTACT: mask, and repair, if necessary; a States, on the relationship between the Susan Letcher, Aerospace Engineer, continuity check on repaired wires; national government and the States, or Systems and Equipment Branch, ANM– installation of sleeving over the wire on the distribution of power and 130S, FAA, Seattle Aircraft Certification bundles; and rerouting of the wire responsibilities among the various Office, 1601 Lind Avenue, SW., Renton, bundles. The actions are required to be levels of government. Therefore, in Washington; telephone (206) 227–2670; accomplished in accordance with the accordance with Executive Order 12612, fax (206) 227–1181. alert service bulletin described it is determined that this final rule does SUPPLEMENTARY INFORMATION: The FAA previously. not have sufficient federalism has received a report indicating that a This is considered to be interim implications to warrant the preparation ‘‘MAP RANGE DISAGREE’’ message action until final action is identified, at of a Federalism Assessment. occurred on the left electronic which time the FAA may consider The FAA has determined that this horizontal situation indicator (EHSI) of further rulemaking. regulation is an emergency regulation a Boeing Model 767 series airplane. Since a situation exists that requires that must be issued immediately to Investigation revealed that a wire in the the immediate adoption of this correct an unsafe condition in aircraft, vicinity of the stowage box for the regulation, it is found that notice and and that it is not a ‘‘significant captain’s oxygen mask was chafed. opportunity for prior public comment regulatory action’’ under Executive Other wires were exposed and were in hereon are impracticable, and that good Order 12866. It has been determined contact with the oxygen line fitting. cause exists for making this amendment further that this action involves an This condition could result in a small effective in less than 30 days. emergency regulation under DOT hole in the oxygen line fitting, which Regulatory Policies and Procedures (44 may allow oxygen leakage. The FAA Comments Invited FR 11034, February 26, 1979). If it is also received a report indicating that an Although this action is in the form of determined that this emergency operator found evidence of wire a final rule that involves requirements regulation otherwise would be insulation wear in the area where the affecting flight safety and, thus, was not significant under DOT Regulatory oxygen line fitting touched the wire preceded by notice and an opportunity Policies and Procedures, a final bundle on one airplane. This operator for public comment, comments are regulatory evaluation will be prepared also reported that three other airplanes invited on this rule. Interested persons and placed in the Rules Docket. A copy had minimal clearance between the are invited to comment on this rule by of it, if filed, may be obtained from the 52846 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Rules Docket at the location provided the wiring, and reroute the wire bundles, in Very High Frequency Omnidirectional under the caption ADDRESSES. accordance with the alert service bulletin. Range and Tactical Air Navigation (2) If any damage is detected, prior to (VORTAC) and the commissioning of List of Subjects in 14 CFR Part 39 further flight, accomplish the requirements of the Dolphin, FL, VORTAC. paragraphs (a)(2)(i) and (a)(2)(ii) of this AD. Air transportation, Aircraft, Aviation EFFECTIVE DATE: 0901 UTC, November 9, safety, Incorporation by reference, (i) Repair the wiring and perform a continuity check on each repaired wire, in 1995. Safety. accordance with the alert service bulletin. FOR FURTHER INFORMATION CONTACT: Adoption of the Amendment And Patricia P. Crawford, Airspace and (ii) Install protective sleeving on the wiring Accordingly, pursuant to the Obstruction Evaluation Branch (ATP– and reroute the wire bundles, in accordance 240), Airspace-Rules and Aeronautical authority delegated to me by the with the alert service bulletin. Administrator, the Federal Aviation (b) An alternative method of compliance or Information Division, Air Traffic Rules Administration amends part 39 of the adjustment of the compliance time that and Procedures Service, Federal Federal Aviation Regulations (14 CFR provides an acceptable level of safety may be Aviation Administration, 800 part 39) as follows: used if approved by the Manager, Seattle Independence Avenue SW., Aircraft Certification Office (ACO), FAA, Washington, DC 20591; telephone: (202) PART 39ÐAIRWORTHINESS Transport Airplane Directorate. Operators 267–9255. DIRECTIVES shall submit their requests through an appropriate FAA Principal Maintenance SUPPLEMENTARY INFORMATION: 1. The authority citation for part 39 Inspector, who may add comments and then History continues to read as follows: send it to the Manager, Seattle ACO. Note 2: Information concerning the On May 3, 1995, the FAA proposed to Authority: 49 USC 106(g), 40101, 40113, amend part 71 of the Federal Aviation 44701. existence of approved alternative methods of compliance with this AD, if any, may be Regulations (14 CFR part 71) to establish § 39.13 [Amended] obtained from the Seattle ACO. a Federal airway and to modify several 2. Section 39.13 is amended by (c) Special flight permits may be issued in existing airways (60 FR 21776). On adding the following new airworthiness accordance with sections 21.197 and 21.199 September 25, 1995, the FAA published directive: of the Federal Aviation Regulations (14 CFR a supplemental notice of proposed 21.197 and 21.199) to operate the airplane to rulemaking (SNPRM) to further modify 95–21–05 Boeing: Amendment 39–9390. a location where the requirements of this AD the descriptions for V–7, V–35, V–157, Docket 95–NM–169–AD. can be accomplished. and V–601, as proposed in the original Applicability: Model 767 series airplanes; (d) The actions shall be done in accordance notice (60 FR 49354). Interested parties line positions 2 through 589 inclusive except with Boeing Alert Service Bulletin 767– VA801 through VA810 inclusive, VN684 35A0028, dated September 7, 1995. This were invited to participate in this through VN691 inclusive, and VW701; incorporation by reference was approved by rulemaking process by submitting certificated in any category. the Director of the Federal Register in written comments on the proposal to the Note 1: This AD applies to each airplane accordance with 5 U.S.C. 552(a) and 1 CFR FAA. identified in the preceding applicability part 51. Copies may be obtained from Boeing One comment was received from the provision, regardless of whether it has been Commercial Airplane Group, P.O. Box 3707, Dade County Aviation Department in modified, altered, or repaired in the area Seattle, Washington 98124–2207. Copies may response to a previous rulemaking subject to the requirements of this AD. For be inspected at the FAA, Transport Airplane action which was given consideration in airplanes that have been modified, altered, or Directorate, 1601 Lind Avenue, SW., Renton, this rulemaking action. The Dade repaired so that the performance of the Washington; or at the Office of the Federal County Aviation Department suggested requirements of this AD is affected, the Register, 800 North Capitol Street, NW., suite owner/operator must use the authority 700, Washington, DC. that V–3 would have to be realigned provided in paragraph (b) of this AD to (e) This amendment becomes effective on again, once the new Dolphin Very High request approval from the FAA. This October 26, 1995. Frequency Omnidirectional Range approval may address either no action, if the Issued in Renton, Washington, on October (VOR) is commissioned because it may current configuration eliminates the unsafe 2, 1995. affect arrivals and departures at the condition; or different actions necessary to Homestead Air Reserve Base (HST). The address the unsafe condition described in Darrell M. Pederson, this AD. Such a request should include an Acting Manager, Transport Airplane department stated that a conflict may be assessment of the effect of the changed Directorate, Aircraft Certification Service. created between aircraft operating on configuration on the unsafe condition [FR Doc. 95–24904 Filed 10–10–95; 8:45 am] that airway and the rapidly ascending addressed by this AD. In no case does the jet fighters operating from HST. The BILLING CODE 4910±13±U presence of any modification, alteration, or department recommended that V–3 be repair remove any airplane from the shifted farther east, connecting the applicability of this AD. 14 CFR Part 71 Virginia Keys VOR and the NMATE Compliance: Required as indicated, unless Intersection. It is the department’s accomplished previously. [Airspace Docket No. 94±ASO±20] opinion that aligning the airway with To prevent wire chafing and subsequent Virginia Keys VOR would place the electrical arcing in the vicinity of the stowage Establishment and Alteration of VOR airway well to the east of HST. box for the captain’s oxygen mask, which Federal Airways; Florida could result in a fire in the flight In response, V–3 will not be located compartment, accomplish the following: AGENCY: Federal Aviation over HST when the airway is realigned (a) Within 45 days after the effective date Administration (FAA), DOT. to the Dolphin VOR. V–3 will be in a of this AD, inspect to detect damage of the ACTION: Final rule. position approximately 7.5 miles east of wire bundles in the left side of the flight the Homestead General Aviation Airport compartment in the vicinity of the stowage SUMMARY: This amendment modifies and 2 miles west of the reserve base, box for the captain’s oxygen mask, in several existing airways and establishes accordance with Boeing Alert Service therefore, this airway will not impede Bulletin 767–35A0028, dated September 7, a new Federal airway, V–601, in the operations at either location. 1995. Miami, FL, area. This action is Except for editorial changes and (1) If no damage is detected, prior to necessary because of the corrections to the airspace descriptions further flight, install protective sleeving on decommissioning of the Miami, FL, for V–7, V–35, and V–157, as proposed Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52847 in the SNPRM, this amendment is the PART 71Ð[AMENDED] Mountain, TN; Glade Spring, VA; Charleston, same as proposed in the notice. The WV; INT Charleston 051° and Elkins, WV, ° airspace description for V–601 was 1. The authority citation for part 71 264 radials; Clarksburg, WV; Morgantown, modified, as proposed in the SNPRM, to continues to read as follows: WV; Indian Head, PA; Johnstown, PA; Tyrone, PA; Philipsburg, PA; Stonyfork, PA; Authority: 49 U.S.C. 106(g), 40103, 40113, establish a preferable route for pilots Elmira, NY; Syracuse, NY. The airspace 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– transitioning over water to Key West, below 2,000 feet MSL outside the United 1963 Comp., p. 389; 14 CFR 11.69. FL. Domestic VOR Federal airways are States is excluded. The portion outside the published in paragraph 6010(a) of FAA § 71.1 [Amended] United States has no upper limit. Order 7400.9C dated August 17, 1995, 2. The incorporation by reference in * * * * * and effective September 16, 1995, which 14 CFR 71.1 of the Federal Aviation V–97 (Revised) is incorporated by reference in 14 CFR Administration Order 7400.9C, Airspace 71.1. The airways listed in this From Dolphin, FL; La Belle, FL; St. Designations and Reporting Points, Petersburg, FL; Tallahassee, FL; Pecan, GA; document will be published dated August 17, 1995, and effective ° subsequently in the Order. Atlanta, GA; INT Atlanta 001 and Volunteer, September 16, 1995, is amended as TN, 197° radials; Volunteer; London, KY; The Rule follows: Lexington, KY; Cincinnati, OH; Shelbyville, IN, INT Shelbyville 313° and Boiler, IN, 136° This amendment to part 71 of the Paragraph 6010(a)—Domestic VOR Federal radials; Boiler; Chicago Heights, IL; to INT Airways Federal Aviation Regulations establishes Chicago Heights 358° and Chicago O’Hare, IL, ° ° a new Federal airway and modifies the * * * * * 127 radials. From INT Northbrook, IL, 290 and Janesville, WI, 112° radials; Janesville; designation of existing Federal airways V–3 (Revised) Lone Rock, WI; Nodine, MN; to Gopher, MN. in Miami, FL. This action is necessary From Key West, FL; INT Key West 083° The airspace below 2,000 feet MSL outside because of the decommissioning of the and Dolphin, FL, 191° radials; Dolphin; Ft. the United States is excluded. Miami, FL, VORTAC and the Lauderdale, FL; Palm Beach, FL; Vero Beach, * * * * * commissioning of the new Dolphin, FL, FL; Melbourne, FL; Ormond Beach, FL; VORTAC. I find that good cause exists, Brunswick, GA; Savannah, GA; Vance, SC; V–157 (Revised) Florence, SC; Sandhills, NC; Raleigh- ° pursuant to 5 U.S.C. 553(d), for making ° From Key West, FL; INT Key West 038 this amendment effective in less than 30 Durham, NC; INT Raleigh-Durham 016 and and Dolphin, FL, 244° radials; Dolphin; INT Flat Rock, VA, 214° radials; Flat Rock; ° ° days in order to promote the safe and ° Dolphin 331 and La Belle, FL, 113 T radials; Gordonsville, VA; INT Gordonsville 331 and La Belle; Lakeland, FL; Ocala, FL; efficient handling of air traffic in the Martinsburg, WV, 216° radials; Martinsburg; area. ° Gainesville, FL; Taylor, FL; Waycross, GA; Westminster, MD; INT Westminster 048 and Alma, GA; Allendale, SC; Vance, SC; The FAA has determined that this Modena, PA, 258° radials; Modena; Solberg, ° ° Florence, SC; Fayetteville, NC; Kinston, NC; regulation only involves an established NJ; INT Solberg 044 and Carmel, NY, 243 Tar River, NC; Lawrenceville, VA; Richmond, radials; Carmel; Hartford, CT; INT Hartford ° body of technical regulations for which ° ° VA; INT Richmond 039 and Patuxent, MD, 084 and Boston, MA, 224 radials; Boston; 228° radials; Patuxent; Smyrna, DE; frequent and routine amendments are INT Boston 014° and Pease, NH, 185° radials; necessary to keep them operationally ° ° Woodstown, NJ; Robbinsville, NJ; INT Pease; INT Pease 004 and Augusta, ME, 233 Robbinsville 044° and LaGuardia, NY, 213° current. It, therefore—(1) is not a radials; Augusta; Bangor, ME; INT Bangor ° ° ° radials; LaGuardia; INT LaGuardia 032 and ‘‘significant regulatory action’’ under 039 and Houlton, ME, 203 radials; Houlton; Deer Park, NY, 326° radials; INT Deer Park Executive Order 12866; (2) is not a Presque Isle, ME; to PQ, Canada. The 326° and Kingston, NY, 191° radials; ‘‘significant rule’’ under DOT airspace within R–2916, R–2934, R–2935 and Kingston, NY; to Albany, NY. The airspace Regulatory Policies and Procedures (44 within Canada is excluded. within R–6602A is excluded. The airspace FR 11034; February 26, 1979); and (3) * * * * * within R–4005, R–4006, and R–4007A are excluded. does not warrant preparation of a V–7 (Revised) * * * * * regulatory evaluation as the anticipated From Dolphin, FL; INT Dolphin 299° and impact is so minimal. Since this is a Lee County, FL, 120° radials; Lee County; V–267 (Revised) routine matter that will only affect air Lakeland, FL; Cross City, FL; Tallahassee, FL; From Dolphin, FL; INT Dolphin 354° and traffic procedures and air navigation, it Wiregrass, AL; INT Wiregrass 333° and ° ° Pahokee, FL, 157 radials; Pahokee; Orlando, is certified that this rule will not have Montgomery, AL, 129 radials; Montgomery; FL; Craig, FL; Dublin, GA; Athens, GA; INT a significant economic impact on a Vulcan, AL; Muscle Shoals, AL; Graham, TN; Athens 340° and Harris, GA, 148° radials; substantial number of small entities Central City, KY; Pocket City, IN; INT Pocket ° ° Harris; Volunteer, TN. under the criteria of the Regulatory City 016 and Terre Haute, IN, 191 radials; Terre Haute; Boiler, IN; Chicago Heights, IL; * * * * * Flexibility Act. ° ° INT Chicago Heights 358 and Falls, WI, 170 V–437 (Revised) Because these amendments involve, radials; Falls; Green Bay, WI; Menominee, From Dolphin, FL; INT Dolphin 354° and in part, the designation of navigable MI; Marquette, MI. The airspace below 2,000 ° feet MSL outside the United States is Pahokee, FL, 157 radials; Pahokee; airspace outside the United States, the ° excluded. The portion outside the United Melbourne, FL; INT Melbourne 322 and Administrator has consulted with the ° States has no upper limit. Ormond Beach, FL, 211 radials; Ormond Secretary of State and the Secretary of Beach; Savannah, GA; Charleston, SC; Defense in accordance with the * * * * * Florence, SC. The airspace within R–2935 is provisions of Executive Order 10854. V–35 (Revised) excluded. List of Subjects in 14 CFR Part 71 From Dolphin, FL; INT Dolphin 266° and * * * * * ° ° Cypress, FL, 110 radials; INT Cypress 110 V–511 (Revised) and Lee County, FL, 138° radials; Lee Airspace, Incorporation by reference, ° County; INT Lee County 326° and St. From Lakeland, FL; INT Lakeland 140 and Navigation (air). ° Petersburg, FL, 152° radials; St. Petersburg; Dolphin, FL, 331 radials; Dolphin. Adoption of the Amendment INT St. Petersburg 350° and Cross City, FL, * * * * * 168° radials; Cross City, FL; Greenville, FL; In consideration of the foregoing, the Pecan, GA; Macon, GA; INT Macon 005° and V–521 (Revised) Federal Aviation Administration Athens, GA, 195° radials; Athens; Electric From Dolphin, FL; INT Dolphin 318° and amends 14 CFR part 71, as follows: City, SC; Sugarloaf Mountain, NC; Holston Lee County, FL, 099° radials; Lee County; 52848 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
INT Lee County 014° and Lakeland, FL, 154° Office of Management and Budget in taxable use of the ODCs contained in the radials; Lakeland; Cross City, FL; INT Cross accordance with the Paperwork mixture unless a person elects other City 287° and Marianna, FL, 141° radials; ° Reduction Act (44 U.S.C. 3504(h)) under treatment (the mixture election). The Marianna; Wiregrass, AL; INT Wiregrass 333 control number 1545–1361. proposed regulations provided, and Montgomery, AL, 129° radials; Montgomery; INT Montgomery 357° and Estimated average annual burden per however, that the creation of a mixture Vulcan, AL, 139° radials; Vulcan. recordkeeper: 0.2 hour. for export is not a taxable use of the Estimated average annual burden per ODCs contained in the mixture. * * * * * respondent: 0.1 hour. Commenters supported the proposed V–599 (Revised) Comments concerning the accuracy of rule and suggested that it also apply to From Lee County, FL; INT Lee County 083° this burden estimate and suggestions for mixtures created for feedstock use. and Dolphin, FL, 331° radials; Dolphin. reducing this burden should be sent to These final regulations adopt the * * * * * the Internal Revenue Service, Attn: IRS proposed rule and extend its application Reports Clearance Officer, PC:FP, to include the creation of a mixture for V–601 (New) Washington, DC 20224, and to the feedstock use. However, these From Pahokee, FL; INT Pahokee 211° and Office of Management and Budget, Attn: regulations do not adopt the suggestion ° Key West, FL, 020 radials; Key West. Desk Officer for the Department of the that the rule be further extended to * * * * * Treasury, Office of Information and apply to sales of ODCs for the creation Issued in Washington, DC, on October 4, Regulatory Affairs, Washington, DC of a mixture. 1995. 20503. Harold W. Becker, Metered-Dose Inhalers Background Manager, Airspace-Rules and Aeronautical Several commenters pointed out that Information Division. This document contains amendments the proposed definition of a metered- [FR Doc. 95–25189 Filed 10–10–95; 8:45 am] to the Environmental Tax Regulations dose inhaler, by including the phrase BILLING CODE 4910±13±P (26 CFR part 52) relating to exports of directly to the lungs, excluded two of ODCs under sections 4681 and 4682. the eight types of inhalers. They Sections 4681 and 4682 were enacted as suggested that we modify the definition DEPARTMENT OF THE TREASURY part of the Omnibus Budget to remove this phrase. The final Reconciliation Act of 1989, and regulations adopt this suggestion. Internal Revenue Service amended by the Omnibus Budget Exemption Amount Reconciliation Act of 1990 and the 26 CFR Parts 52 and 602 Energy Policy Act of 1992 (Energy Act). One commenter pointed out that the provisions of the proposed regulations [TD 8622] Section 4682(d)(3) provides a limited exemption from tax for ODCs that are describing exemption amounts should RIN 1545±AQ23 exported. Although final regulations refer to exceptions from tax under (TD 8370) under sections 4681 and 4682 section 4682(d) rather than under Exports of Chemicals That Deplete the were published in the Federal Register section 4682(d)(3). The final regulations Ozone Layer; Special Rules for Certain on November 4, 1991 (56 FR 56303), the adopt the suggested reference. Medical Uses of Chemicals That section relating to exports of ODCs was One commenter suggested that we Deplete the Ozone Layer reserved. add an example illustrating the AGENCY: Internal Revenue Service (IRS), The Energy Act increased and made calculation of the exemption amount Treasury. uniform the base tax amounts for all when a person is both a manufacturer and an importer. The final regulations ACTION: Final regulations. ODCs and extended the floor stocks tax to calendar years after 1994. The Energy provide such an example. SUMMARY: This document contains final Act also provides a reduced rate of tax Registration regulations relating to taxes imposed on for (1) ODCs used as propellants in exports of ozone-depleting chemicals metered-dose inhalers (for years after One commenter suggested that we (ODCs), taxes imposed on ODCs used as 1992), (2) ODCs used as medical specify how to register with the IRS. medical sterilants or propellants in sterilants (for 1993 only), and (3) methyl The final regulations explain the metered-dose inhalers, and floor stocks chloroform (for 1993 only). registration procedure. taxes on ODCs. The regulations reflect On January 15, 1993, proposed Credit or Refund for Exports changes to the law made by the regulations (PS–89–91) relating to One commenter thought that the Omnibus Budget Reconciliation Act of exports of ODCs and the Energy Act 1989, the Omnibus Budget wording of the proposed rule relating to changes were published in the Federal a claim for credit or refund of tax paid Reconciliation Act of 1990, and the Register (58 FR 4625). Written Energy Policy Act of 1992 and affect on ODCs that are exported was comments responding to the notice of ambiguous as to which year’s exemption persons who manufacture, import, proposed rulemaking were received. A export, sell, or use ODCs. limitation applies to such a claim. The public hearing was not held. After final regulations clarify that the EFFECTIVE DATE: These regulations are consideration of all the comments, the applicable limitation is the limitation effective January 1, 1993. proposed regulations are adopted as for the calendar year during which the FOR FURTHER INFORMATION CONTACT: revised by this Treasury decision. The ODCs were sold. Ruth Hoffman, (202) 622–3130 (not a comments and revisions are discussed The same commenter raised questions toll-free number). below. about the documentation to be SUPPLEMENTARY INFORMATION: Explanation of Revisions and Summary submitted with a claim and suggested of Comments that the regulations provide more Paperwork Reduction Act information. Documentation needs to be The collections of information Mixtures submitted with a claim only if contained in these final regulations have Under the 1991 final regulations, the specifically required. Neither the been reviewed and approved by the creation of a mixture is treated as a proposed nor the final regulations Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52849 require documentation to be submitted The revisions read as follows: in paragraphs (b)(2)(iii), (iv), and (v) of with the claim. this section— Another commenter suggested that for § 52.4681±1 Taxes imposed with respect to ozone-depletingchemicals. * * * * * periods before 1993 we accept export (iv) Special rule for exports. The documentation similar to that required (a) * * * creation of a mixture for export is not by the Environmental Protection (3) * * * a taxable use of the ODCs contained in Agency. These final regulations provide (ii) Dates on which tax imposed. The the mixture. If a manufacturer or that such documentation is acceptable. floor stocks tax is imposed on January importer sells a mixture for export, 1 of each calendar year after 1989. Special Analyses § 52.4682–5 applies to the ODCs * * * * * contained in the mixture. See It has been determined that this (c) * * * § 52.4682–5(e) for rules relating to Treasury decision is not a significant (7) * * * liability of a purchaser for tax if the regulatory action as defined in EO (iii) * * * mixture is not exported. 12866. Therefore, a regulatory (A) Section 52.4682–1(b)(2)(iii) (v) Special rule for use as a feedstock. assessment is not required. It also has (relating to mixture elections), The creation of a mixture for use as a been determined that section 553(b) of § 52.4682–1(b)(2)(iv) (relating to feedstock (within the meaning of the Administrative Procedure Act (5 mixtures for export), and § 52.4682– paragraph (c) of this section) is not a U.S.C. chapter 5) and the Regulatory 1(b)(2)(v) (relating to mixtures for use as taxable use of the ODCs contained in the Flexibility Act (5 U.S.C. chapter 6) do a feedstock); mixture. not apply to these regulations, and, * * * * * * * * * * therefore, a Regulatory Flexibility (d) * * * (f) Methyl chloroform; reduced rate of Analysis is not required. Pursuant to (3) Post-1989 ODCs held for sale or for tax in 1993. The amount of tax imposed section 7805(f) of the Internal Revenue use in further manufacture by any on methyl chloroform is determined Code, the notice of proposed rulemaking person other than the manufacturer or under section 4682(g)(5) if the preceding these regulations was importer thereof on January 1, 1990, and manufacturer or importer of the methyl submitted to the Small Business post-1989 and post-1990 ODCs that are chloroform sells or uses it during 1993. Administration for comment on its so held on January 1 of each calendar (g) ODCs used as medical sterilants— impact on small business. year after 1990. (1) Phase-in of tax. The amount of tax Drafting Information Par. 4. Section 52.4682–1 is amended imposed on an ODC is determined under section 4682(g)(4) if the The principal author of these by: manufacturer or importer of the ODC— regulations is Ruth Hoffman, Office of 1. Revising paragraph (a). 2. Revising the introductory text of (i) Uses the ODC during 1993 as a Assistant Chief Counsel (Passthroughs medical sterilant; or and Special Industries). However, other paragraph (b)(2)(ii). 3. Adding paragraphs (b)(2)(iv) and (ii) Sells the ODC in a qualifying sale personnel from the IRS and Treasury (within the meaning of paragraph (g)(4) Department participated in their (b)(2)(v). 4. Revising paragraphs (f) and (g). of this section) during 1993. development. (2) Excess payments—(i) In general. 5. Adding paragraph (h). Under section 4682(g)(4)(B), a credit List of Subjects 6. Adding and reserving paragraph (i). against income tax (without interest) or 7. Adding paragraph (j). 26 CFR Part 52 a refund of tax (without interest) is 8. Adding and reserving paragraph allowed to a person if— Chemicals, Excise taxes, Reporting (k). and recordkeeping requirements. (A) The person uses an ODC during The revisions and additions read as 1993 as a medical sterilant; and 26 CFR Part 602 follows: (B) The amount of any tax paid with Reporting and recordkeeping § 52.4682±1 Ozone-depleting chemicals. respect to the ODC under section 4681 or 4682 exceeds the amount that would requirements. (a) Overview. This section provides have been determined under section rules relating to the tax imposed on Adoption of Amendments to the 4682(g)(4). Regulations ozone-depleting chemicals (ODCs) (ii) Amount of credit or refund. The under section 4681, including rules for Accordingly, 26 CFR parts 52 and 602 amount of credit or refund of tax is identifying taxable ODCs and are amended as follows: equal to the excess of— determining when the tax is imposed, (A) The tax that was paid with respect PART 52ÐENVIRONMENTAL TAXES and rules prescribing special treatment to the ODCs under sections 4681 and for certain ODCs. See § 52.4681–1(a)(1) 4682; over Paragraph 1. The authority citation and (c) for general rules and definitions (B) The tax that would have been for part 52 is amended by adding an relating to the tax on ODCs. imposed under section 4682(g)(4). entry in numerical order to read in part (b) * * * (iii) Procedural rules. (A) The amount as follows: (2) * * * determined under section 4682(g)(4)(B) Authority: 26 U.S.C. 7805 * * * (ii) Mixtures. Except as provided in and paragraph (g)(2)(ii) of this section is paragraphs (b)(2)(iii), (iv), and (v) of this Section 52.4682–5 also issued under treated as a credit described in section section, the creation of a mixture 26 U.S.C. 4662(e)(4). 34(a) (relating to credits for gasoline and containing two or more ingredients is special fuels) unless a claim for refund § 52.4681±0 [Removed] treated as a taxable use of the ODCs has been filed. Par. 2. Section 52.4681–0 is removed. contained in the mixture. For this (B) See section 6402 and the Par. 3. Section 52.4681–1 is amended purpose, a mixture cannot be regulations under that section for by: represented by a chemical formula, and procedural rules relating to claiming a 1. Revising paragraph (a)(3)(ii). an ODC is contained in a mixture only credit or refund of tax. 2. Revising paragraph (c)(7)(iii)(A). if the chemical identity of the ODC is (3) Definition of use as a medical 3. Revising paragraph (d)(3). not changed. Thus, except as provided sterilant. An ODC is used as a medical 52850 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations sterilant if it is used in the manufacture a. Removing the language certificate provided under paragraph of sterilant gas. ‘‘submission of a document to’’ and (d)(3) or (4) of this section may apply to (4) Qualifying sale. A sale of an ODC adding ‘‘registration with’’ in its place. a single purchase or multiple purchases, for use as a medical sterilant is a b. Removing the language and will expire as of December 31, 1993, qualifying sale if the requirements of ‘‘registration certificates’’ and adding unless an earlier expiration date is § 52.4682–2(b)(3) are satisfied with ‘‘certificates’’ in its place. specified in the certificate. A new respect to the sale. 3. Removing the language certificate must be given to the supplier (h) ODCs used as propellants in ‘‘registration’’ from paragraphs (b)(1)(i) if any information on the current metered-dose inhalers—(1) Reduced and (b)(2)(i). certificate changes. The certificate may rate of tax. The amount of tax imposed 4. Adding paragraphs (b)(3) and (b)(4). be included as part of any business on an ODC is determined under section 5. Revising the heading for paragraph records normally used to document a 4682(g)(4) if the manufacturer or (d). sale. importer of the ODC— 6. Revising paragraph (d)(1)(i). * * * * * (i) Uses the ODC after 1992 as a 7. Adding paragraphs (d)(4) and (4) Certificate relating to ODCs used propellant in a metered-dose inhaler; or (d)(5). (ii) Sells the ODC in a qualifying sale as medical sterilants—(i) ODCs that will The additions and revisions read as be resold for use by the second (within the meaning of paragraph (h)(4) follows: of this section) after 1992. purchaser as medical sterilants. If the (2) Excess payments—(i) In general. § 52.4682±2 Qualifying sales. purchaser will resell the ODCs to a Under section 4682(g)(4)(B), a credit second purchaser for use by such (a) * * * second purchaser as medical sterilants, against income tax (without interest) or (1) * * * a refund of tax (without interest) is the certificate provided by the purchaser (iii) Under section 4682(g)(4) and must be in substantially the following allowed to a person if— § 52.4682–1(g) (relating to ODCs used as (A) The person uses an ODC after form: medical sterilants), ODCs sold in 1992 as a propellant in a metered-dose qualifying sales are taxed at a reduced CERTIFICATE OF PURCHASER OF inhaler; and CHEMICALS THAT WILL BE RESOLD FOR rate in 1993. (B) The amount of any tax paid with USE BY THE SECOND PURCHASER AS respect to the ODC under section 4681 (iv) Under section 4682(g)(4) and MEDICAL STERILANTS or 4682 exceeds the amount that would § 52.4682–1(h) (relating to ODCs used as propellants in metered-dose inhalers), (To support tax-reduced sales under section have been determined under section 4682(g)(4) of the Internal Revenue Code.) 4682(g)(4). ODCs sold in qualifying sales are taxed at a reduced rate in years after 1992. Effective Date llllllllllllll (ii) Amount of credit or refund. The Expiration Date lllllllllllll amount of credit or refund of tax is * * * * * (not after 12/31/93) equal to the excess of— (b) * * * The undersigned purchaser (Purchaser) (A) The tax that was paid with respect (3) Use as medical sterilants. A sale of certifies the following under penalties of to the ODCs under sections 4681 and ODCs is a qualifying sale for purposes perjury: 4682; over of § 52.4682–1(g) if the manufacturer or The following percentage of ozone- (B) The tax that would have been importer of the ODCs— depleting chemicals purchased from: imposed under section 4682(g)(4). (i) Obtains a certificate in lllllllllllllllllllll (iii) Procedural rules—(A) The substantially the form set forth in (Name of seller) amount determined under section paragraph (d)(4) of this section from the lllllllllllllllllllll 4682(g)(4)(B) and paragraph (h)(2)(ii) of purchaser of the ODCs; and (Address of seller) this section is treated as a credit (ii) Relies on the certificate in good will be resold by Purchaser to persons described in section 34(a) (relating to faith. (Second Purchasers) that certify to Purchaser credits for gasoline and special fuels) (4) Use as propellants in metered-dose that they are purchasing the ozone-depleting chemicals for use as medical sterilants (as unless a claim for refund has been filed. inhalers. A sale of ODCs is a qualifying (B) See section 6402 and the defined in § 52.4682–1(g)(3) of the sale for purposes of §§ 52.4682–1(h) and Environmental Tax Regulations). regulations under that section for 52.4682–4(b)(2)(vii) if the manufacturer procedural rules relating to claiming a or importer of the ODCs— Product Percentage credit or refund of tax. (i) Obtains a certificate in (3) Definition of metered-dose inhaler. substantially the form set forth in CFC±12 ...... lllll A metered-dose inhaler is an aerosol paragraph (d)(5) of this section from the device that delivers a precisely- purchaser of the ODCs; and This certificate applies to (check and measured dose of a therapeutic drug. (ii) Relies on the certificate in good complete as applicable): (4) Qualifying sale. A sale of an ODC faith. lll All shipments to Purchaser at the for use as a propellant for a metered- following location(s): * * * * * dose inhaler is a qualifying sale if the lllllllllllllllllllll (d) Certificate—(1) * * * (i) Rules requirements of § 52.4682–2(b)(4) are lllllllllllllllllllll relating to all certificates. This lllllllllllllllllllll satisfied with respect to the sale. lll (i) [Reserved] paragraph (d) sets forth certificates that All shipments to Purchaser under the satisfy the requirements of paragraphs following Purchaser account number(s): (j) Exports; cross-reference. For the lllllllllllllllllllll treatment of exports of ODCs, see (b)(1) through (4) of this section. The certificate shall consist of a statement lllllllllllllllllllll § 52.4682–5. lllllllllllllllllllll (k) Recycling. [Reserved] executed and signed under penalties of lll perjury by a person with authority to All shipments to Purchaser under the Par. 5. Section 52.4682–2 is amended following purchase order(s): by: bind the purchaser. A certificate lllllllllllllllllllll 1. Adding paragraphs (a)(1)(iii) and provided under paragraph (d)(2) or (5) lllllllllllllllllllll (a)(1)(iv). of this section may apply to a single lllllllllllllllllllll 2. Amending the second sentence of purchase or to multiple purchases and lll One or more shipments to Purchaser paragraph (a)(2) by: need not specify an expiration date. A identified as follows: Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52851 lllllllllllllllllllll will be used by Purchaser as medical metered-dose inhalers, the certificate lllllllllllllllllllll sterilants (as defined in § 52.4682–1(g)(3) of provided by the purchaser must be in lllllllllllllllllllll the Environmental Tax Regulations). substantially the following form: Purchaser will not claim a credit or refund under section 4682(g)(4) of the Internal Product Percentage CERTIFICATE OF PURCHASER OF Revenue Code for any ozone-depleting CHEMICALS THAT WILL BE RESOLD FOR USE BY THE SECOND PURCHASER AS chemicals covered by this certificate. CFC±12 ...... lllll PROPELLANTS IN METERED-DOSE Purchaser understands that any use by INHALERS Purchaser of the ozone-depleting chemicals This certificate applies to (check and to which this certificate applies other than complete as applicable): (To support tax-reduced sales under section for the purpose set forth in this certificate lll All shipments to Purchaser at the 4682(g)(4) of the Internal Revenue Code.) may result in the withdrawal by the Internal following location(s): Date llllllllllllllllll Revenue Service of Purchaser’s right to lllllllllllllllllllll The undersigned purchaser (Purchaser) provide a certificate. lllllllllllllllllllll certifies the following under penalties of Purchaser will retain the business records lllllllllllllllllllll lll perjury: needed to document the sales covered by this All shipments to Purchaser under the The following percentage of ozone- certificate and will make such records following Purchaser account number(s): lllllllllllllllllllll depleting chemicals purchased from: available for inspection by Government lllllllllllllllllllll lllllllllllllllllllll officers. Purchaser also will retain and make lllllllllllllllllllll (Name of seller) available for inspection by Government lll All shipments to Purchaser under the lllllllllllllllllllll officers the certificates of its Second following purchase order(s): (Address of seller) Purchasers. lllllllllllllllllllll will be resold by Purchaser to persons Purchaser has not been notified by the lllllllllllllllllllll Internal Revenue Service that its right to (Second Purchasers) that certify to Purchaser lllllllllllllllllllll that they are purchasing the ozone-depleting provide a certificate has been withdrawn. In lll One or more shipments to Purchaser addition, the Internal Revenue Service has chemicals for use as propellants in metered- identified as follows: dose inhalers (as defined in § 52.4682–1(h)(3) not notified Purchaser that the right to lllllllllllllllllllll of the Environmental Tax Regulations). provide a certificate has been withdrawn lllllllllllllllllllll from any Second Purchaser who will lllllllllllllllllllll Product Percentage purchase ozone-depleting chemicals to Purchaser will not claim a credit or refund which this certificate applies. under section 4682(g)(4) of the Internal CFC±11 ...... llll Purchaser understands that the fraudulent Revenue Code for any ozone-depleting CFC±12 ...... llll use of this certificate may subject Purchaser chemicals covered by this certificate. CFC±114 ...... llll and all parties making such fraudulent use of Purchaser understands that any use by this certificate to a fine or imprisonment, or Purchaser of the ozone-depleting chemicals This certificate applies to (check and both, together with the costs of prosecution. to which this certificate applies other than as complete as applicable): lllllllllllllllllllll medical sterilants may result in the Name of Purchaser withdrawal by the Internal Revenue Service llll All shipments to Purchaser at the lllllllllllllllllllll of Purchaser’s right to provide a certificate. following location(s): lllllllllllllllllllll Address of Purchaser Purchaser will retain the business records lllllllllllllllllllll needed to document the use as medical lllllllllllllllllllll lllllllllllllllllllll sterilants of the ozone-depleting chemicals to lllllllllllllllllllll llll Taxpayer Identifying Number of Purchaser which this certificate applies and will make All shipments to Purchaser under lllllllllllllllllllll such records available for inspection by the following Purchaser account Title of person signing Government officers. number(s): lllllllllllllllllllll Purchaser has not been notified by the lllllllllllllllllllll lllllllllllllllllllll Printed or typed name of person signing Internal Revenue Service that its right to lllllllllllllllllllll provide a certificate has been withdrawn. lllllllllllllllllllll llll Signature Purchaser understands that the fraudulent All shipments to Purchaser under use of this certificate may subject Purchaser the following purchase order(s): (ii) ODCs that will be used by the and all parties making such fraudulent use of lllllllllllllllllllll purchaser as medical sterilants. If the this certificate to a fine or imprisonment, or lllllllllllllllllllll both, together with the costs of prosecution. lllllllllllllllllllll purchaser will use the ODCs as medical lllllllllllllllllllll llll sterilants, the certificate provided by the One or more shipments to Name of Purchaser Purchaser identified as follows: purchaser must be in substantially the lllllllllllllllllllll lllllllllllllllllllll following form: Address of Purchaser lllllllllllllllllllll CERTIFICATE OF PURCHASER OF lllllllllllllllllllll lllllllllllllllllllll CHEMICALS THAT WILL BE USED BY THE lllllllllllllllllllll Purchaser will not claim a credit or refund PURCHASER AS MEDICAL STERILANTS Taxpayer Identifying Number of Purchaser under section 4682(g)(4) of the Internal lllllllllllllllllllll Revenue Code for any ozone-depleting (To support tax-reduced sales under section Title of person signing chemicals covered by this certificate. 4682(g)(4) of the Internal Revenue Code.) lllllllllllllllllllll Purchaser understands that any use by Effective Date llllllllllllll Printed or typed name of person signing Purchaser of the ozone-depleting chemicals lllllllllllllllllllll Expiration Date lllllllllllll to which this certificate applies other than (not after 12/31/93) Signature for the purpose set forth in this certificate The undersigned purchaser (Purchaser) (5) Certificate relating to ODCs used may result in the withdrawal by the Internal certifies the following under penalties of as propellants in metered-dose Revenue Service of Purchaser’s right to perjury: inhalers—(i) ODCs that will be resold for provide a certificate. The following percentage of ozone- Purchaser will retain the business records depleting chemicals purchased from: use by the second purchaser as needed to document the sales covered by this lllllllllllllllllllll propellants in metered-dose inhalers. If certificate and will make such records (Name of seller) the purchaser will resell the ODCs to a available for inspection by Government lllllllllllllllllllll second purchaser for use by such officers. Purchaser also will retain and make (Address of seller) second purchaser as propellants in available for inspection by Government 52852 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations officers the certificates of its Second llllllllllllllllllllllllllllllllllllllllll(b) * * * Purchasers. (2) * * * Purchaser has not been notified by the lllllllllllllllllllll (i) * * * Internal Revenue Service that its right to llll All shipments to Purchaser under (B) * * * (1) In general. In the case provide a certificate has been withdrawn. In the following purchase order(s): of the floor stocks tax imposed on addition, the Internal Revenue Service has lllllllllllllllllllll not notified Purchaser that the right to lllllllllllllllllllll January 1 of a calendar year after 1990, provide a certificate has been withdrawn lllllllllllllllllllll the tax is not imposed on an ODC that from any Second Purchaser who will llll One or more shipments to has been mixed with any other purchase ozone-depleting chemicals to Purchaser identified as follows: ingredients, but only if it is established which this certificate applies. lllllllllllllllllllll that such ingredients contribute to the Purchaser understands that the fraudulent lllllllllllllllllllll accomplishment of the purpose for use of this certificate may subject Purchaser lllllllllllllllllllll which the mixture will be used. * ** and all parties making such fraudulent use of Purchaser will not claim a credit or refund * * * * * this certificate to a fine or imprisonment, or under section 4682(g)(4) of the Internal both, together with the costs of prosecution. Revenue Code for any ozone-depleting (vi) ODCs to be exported—(A) In lllllllllllllllllllll chemicals covered by this certificate. general. The floor stocks tax is not Name of Purchaser Purchaser understands that any use by imposed on any ODC that was sold in lllllllllllllllllllll Purchaser of the ozone-depleting chemicals a qualifying sale for export (as defined Address of Purchaser to which this certificate applies other than as in § 52.4682–5(d)(1)). lllllllllllllllllllll propellants in metered-dose inhalers may (B) ODCs sold before January 1, 1993. lllllllllllllllllllll result in the withdrawal by the Internal An ODC that was sold by its Taxpayer Identifying Number of Purchaser Revenue Service of Purchaser’s right to lllllllllllllllllllll manufacturer or importer before January provide a certificate. 1, 1993, is treated, for purposes of this Title of person signing Purchaser will retain the business records lllllllllllllllllllll needed to document the use as propellants in paragraph (b)(2)(vi), as an ODC that was Printed or typed name of person signing metered-dose inhalers of the ozone-depleting sold in a qualifying sale for export for lllllllllllllllllllll chemicals to which this certificate applies purposes of § 52.4682–5(d)(1) if the ODC Signature and will make such records available for will be exported. (ii) ODCs that will be used by the inspection by Government officers. (vii) ODCs used as propellants in purchaser as propellants in metered- Purchaser has not been notified by the metered-dose inhalers; years after dose inhalers. If the purchaser will use Internal Revenue Service that its right to 1992—(A) In general. The floor stocks the ODCs as propellants in metered- provide a certificate has been withdrawn. tax is not imposed on January 1 of Purchaser understands that the fraudulent dose inhalers, the certificate provided calendar years after 1992 on any ODC use of this certificate may subject Purchaser that was sold in a qualifying sale for use by the purchaser must be in and all parties making such fraudulent use of substantially the following form: this certificate to a fine or imprisonment, or as a propellant in a metered-dose CERTIFICATE OF PURCHASER OF both, together with the costs of prosecution. inhaler (as defined in § 52.4682–1(h)). CHEMICALS THAT WILL BE USED BY THE lllllllllllllllllllll (B) ODCs sold before January 1, 1993. PURCHASER AS PROPELLANTS IN Name of Purchaser An ODC that was sold by its METERED-DOSE INHALERS lllllllllllllllllllll manufacturer or importer before January Address of Purchaser 1, 1993, is treated, for purposes of this (To support tax-reduced sales under section lllllllllllllllllllll paragraph (b)(2)(vii), as an ODC that was 4682(g)(4) of the Internal Revenue Code.) lllllllllllllllllllll sold in a qualifying sale for purposes of Date llllllllllllllllll Taxpayer Identifying Number of Purchaser lllllllllllllllllllll § 52.4682–1(h) if the ODC will be used The undersigned purchaser (Purchaser) Title of person signing as a propellant in a metered-dose certifies the following under penalties of inhaler (within the meaning of perjury: lllllllllllllllllllll The following percentage of ozone- Printed or typed name of person signing § 52.4682–1(h)). depleting chemicals purchased from: lllllllllllllllllllll (viii) ODCs used as medical sterilants; lllllllllllllllllllll Signature 1993. The floor stocks tax is not (Name of seller) Par. 6. Section 52.4682–4 is amended imposed in 1993 on any ODC held for lllllllllllllllllllll by: use as a medical sterilant (as defined in (Address of seller) 1. Removing the introductory text of § 52.4682–1(g)). will be used by Purchaser as propellants in paragraph (b)(2). * * * * * metered-dose inhalers (as defined in 2. Revising the first sentence of (d) * * * § 52.4682–1(h)(3) of the Environmental Tax paragraph (b)(2)(i)(B)(1). (1) * * * Regulations). 3. Adding paragraphs (b)(2)(vi) (i) * * * The amount of the floor through (b)(2)(viii). stocks tax imposed on the ODCs Product Percentage 4. Adding a sentence at the end of contained in a nonexempt mixture is CFC±11 ...... llll paragraph (d)(1)(i). computed on the basis of the weight of CFC±12 ...... llll 5. Revising paragraph (d)(1)(iv)(A)(1). the ODCs in that mixture. CFC±114 ...... llll 6. Adding paragraph (d)(4). * * * * * 7. Revising paragraph (e)(4)(i). (iv) * * * 8. Redesignating paragraph (e)(5) as This certificate applies to (check and (A) * * * complete as applicable): paragraph (e)(6) and adding a new (1) The tentative tax amount is llll All shipments to Purchaser at the paragraph (e)(5). determined, except as provided in 9. Revising Example 5 of newly following location(s): paragraph (d)(2), (3), or (4) of this lllllllllllllllllllll designated paragraph (e)(6). lllllllllllllllllllll The revisions and additions read as section, by reference to the rate of tax lllllllllllllllllllll follows: prescribed in section 4681(b)(1)(B) and llll All shipments to Purchaser under the ozone-depletion factors prescribed the following Purchaser account § 52.4682±4 Floor stocks tax. in section 4682(b). number(s): * * * * * * * * * * Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52853
(4) Methyl chloroform; 1993. In the Par. 7. Section 52.4682–5 is added to determined under paragraph (c)(2) of case of methyl chloroform, the tentative read as follows: this section. tax amount is determined under section (iii) Allocation of tax—(A) Post–1989 4682(g)(5) for purposes of computing § 52.4682±5 Exports. ODCs. The tax (if any) determined the floor stocks tax imposed on January (a) Overview. This section provides under paragraph (b)(2)(i) of this section 1, 1993. rules relating to the tax imposed under may be allocated among the post–1989 (e) * * * section 4681 on ozone-depleting ODCs on which it is imposed in any (4) * * * chemicals (ODCs) that are exported. In manner, provided that the amount (i) At least 400 pounds of ODCs that general, tax is not imposed on ODCs allocated to any post–1989 ODC does are not described in paragraph (d)(2) or that a manufacturer or importer sells for not exceed the tax that would be (d)(3) of this section and are otherwise export, or for resale by the purchaser to imposed on such ODC but for section subject to tax; a second purchaser for export, if the 4682(d)(3) and this section. procedural requirements set forth in (B) Post–1990 ODCs. The tax (if any) * * * * * paragraph (d) of this section are met. determined under paragraph (b)(2)(ii) of (5) Calendar years after 1994. In the The tax benefit of this exemption is this section may be allocated among the case of the floor stocks tax imposed on limited, however, to the manufacturer’s post–1990 ODCs on which it is imposed January 1 of 1995 and each following or importer’s exemption amount. Thus, in any manner, provided that the calendar year, a person is liable for the if the tax that would otherwise be amount allocated to any post–1990 ODC tax only if, on such date, the person imposed under section 4681 on ODCs does not exceed the tax that would be holds— that a manufacturer or importer sells for imposed on such ODC but for section (i) At least 400 pounds of ODCs that export exceeds this exemption amount, 4682(d)(3) and this section. are not described in paragraph (d)(3) or a tax equal to the excess is imposed on (c) Exemption amount—(1) Post–1989 (d)(4) of this section and are otherwise the ODCs. The exemption amount, ODC exemption amount. A subject to tax; which is determined separately for post- manufacturer’s or importer’s post–1989 (ii) At least 50 pounds of ODCs that 1989 ODCs and post–1990 ODCs, is ODC exemption amount for a calendar are described in paragraph (d)(3) of this calculated for each calendar year in year is the sum of the following section and are otherwise subject to tax; accordance with the rules of paragraph amounts: or (c) of this section. This section also (i) The 1986 export percentage of the (iii) At least 1000 pounds of ODCs provides rules under which a tax aggregate tax that would (but for section that are described in paragraph (d)(4) of imposed under section 4681 on 4682(d), section 4682(g), and this this section and are otherwise subject to exported ODCs may be credited or section) be imposed under section 4681 tax. refunded, subject to the same limit on on the maximum quantity, determined (6) * * * tax benefits, if the procedural without regard to additional production Example 5. (a) On January 1, 1994, D holds requirements set forth in paragraph (f) of allowances, of post–1989 ODCs that the for sale 300 pounds of CFC–113 (an ODC not this section are met. See § 52.4681–1(c) person is permitted to manufacture described in paragraph (d)(2) or (d)(3) of this for definitions relating to the tax on during the calendar year under rules section) and 25 pounds of Halon-1301 (an ODCs. prescribed by the Environmental ODC described in paragraph (d)(3) of this (b) Exemption or partial exemption Protection Agency (40 CFR part 82). section). D is liable for the floor stocks tax from tax—(1) In general. Except as (ii) The aggregate tax that would (but imposed on January 1, 1994, because 25 for section 4682(d), section 4682(g), and pounds of Halon-1301 exceeds the de provided in paragraph (b)(2) of this minimis amount specified in paragraph section, no tax is imposed on an ODC this section) be imposed under section (e)(4)(iii) of this section. The 300 pounds of if the manufacturer or importer of the 4681 on post–1989 ODCs that the CFC–113 is less than the amount specified in ODC sells the ODC in a qualifying sale person manufactures during the paragraph (e)(4)(i) of this section. for export (within the meaning of calendar year under any additional Nevertheless, tax is imposed on both the 25 paragraph (d)(1) of this section). production allowance granted by the pounds of Halon-1301 and the 300 pounds of (2) Tax imposed if exemption amount Environmental Protection Agency. CFC–113. exceeded—(i) Post–1989 ODCs. The tax (iii) The aggregate tax that would (but (b) The amount of the floor stocks tax is imposed on post–1989 ODCs that a for section 4682(d), section 4682(g), and determined separately for the 300 pounds of manufacturer or importer sells in this section) be imposed under section CFC–113 and the 25 pounds of Halon-1301 4681 on post–1989 ODCs imported by and is equal to the difference between the qualifying sales for export during a tentative tax amount and the amount of tax calendar year is equal to the excess (if the person during the calendar year. previously imposed on those ODCs. For any) of— (2) Post–1990 ODC exemption Halon-1301, for example, the tax is (A) The tax that would be imposed on amount. A manufacturer’s or importer’s determined as follows. The tentative tax the ODCs but for section 4682(d)(3) and post–1990 ODC exemption amount for a amount is $1,087.50 ($4.35 (the base tax this section; over calendar year is the sum of the amount in 1994) × 10 (the ozone-depletion (B) The post–1989 ODC exemption following amounts: factor for Halon-1301) × 25 (the number of amount for the calendar year (i) The 1989 export percentage of the pounds held)). The tax previously imposed determined under paragraph (c)(1) of aggregate tax that would (but for section on the Halon-1301 is $6.28 ($3.35 (the base × this section. 4682(d), section 4682(g), and this tax amount in 1993) 10 (the ozone- (ii) Post–1990 ODCs. The tax imposed section) be imposed under section 4681 depletion factor for Halon-1301) × 0.75 percent (the applicable percentage on post–1990 ODCs that a manufacturer on the maximum quantity, determined determined under section 4682(g)(2)(A)) × 25 or importer sells in qualifying sales for without regard to additional production (the number of pounds held)). Thus, the floor export during a calendar year is equal to allowances, of post–1990 ODCs the stocks tax imposed on the 25 pounds of the excess (if any) of— person is permitted to manufacture Halon-1301 in 1994 is $1,081.22, the (A) The tax that would be imposed on during the calendar year under rules difference between $1,087.50 (the tentative the ODCs but for section 4682(d)(3) and prescribed by the Environmental tax amount) and $6.28 (the tax previously this section; over Protection Agency. imposed). (B) The post–1990 ODC exemption (ii) The aggregate tax that would (but * * * * * amount for the calendar year for section 4682(d), section 4682(g), and 52854 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations this section) be imposed under section by the Commissioner) according to the Purchaser is registered with the Internal 4681 on post–1990 ODCs that the instructions applicable to the form. A Revenue Service as a purchaser of ozone- depleting chemicals for export under person manufactures during the person is registered only if the district lllll calendar year under any additional director has issued that person a letter registration number . Purchaser’s registration has not been suspended or production allowance granted by the of registration and it has not been revoked by the Internal Revenue Service. Environmental Protection Agency. revoked or suspended. The effective The following percentage of ozone- (iii) The aggregate tax that would (but date of the registration must be no depleting chemicals purchased from: for section 4682(d), section 4682(g), and earlier than the date on which the lllllllllllllllllllll this section) be imposed under section district director signs the letter of (Name of seller) 4681 on post–1990 ODCs imported by registration. Each business unit that has, lllllllllllllllllllll the person during the calendar year. (Address of seller) or is required to have, a separate lllllllllllllllllllll (3) Definitions—(i) 1986 export employer identification number is (Taxpayer identifying number of seller) percentage. See section 4682(d)(3)(B)(ii) treated as a separate person. for the meaning of the term 1986 export (2) Good faith reliance. The are purchased for export by Purchaser. percentage. requirements of paragraph (d)(1) of this Product Percentage (ii) 1989 export percentage. See section are not satisfied with respect to section 4682(d)(3)(C) for the meaning of a sale of ODCs and the sale is not a CFC±11 ...... lllll the term 1989 export percentage. qualifying sale (or resale) if, at the time CFC±12 ...... lllll (d) Procedural requirements relating of the sale— CFC±113 ...... lllll to tax-free sales for export—(1) (i) The seller has reason to believe CFC±114 ...... lllll Qualifying sales—(i) In general. A sale that the ODCs are not purchased for CFC±115 ...... lllll of ODCs is a qualifying sale for export export; or Halon-1211 ...... lllll (ii) The Internal Revenue Service has Halon-1301 ...... lllll if— lllll (A) The seller is the manufacturer or notified the seller that the purchaser’s Halon-2402 ...... Carbon tetrachloride ...... lllll importer of the ODCs and the purchaser registration has been revoked or Methyl chloroform ...... lllll is a purchaser for export or for resale to suspended. Other (specify) a second purchaser for export; (3) Certificate—(i) In general. The lllllll ...... lllll (B) At the time of the sale, the seller certificate required under paragraph and the purchaser are registered with (d)(1) of this section consists of a This certificate applies to (check and the Internal Revenue Service; and statement executed and signed under complete as applicable): (C) At the time of the sale, the seller— penalties of perjury by a person with lll All shipments to Purchaser at the (1) Has an unexpired certificate in authority to bind the purchaser, in following location(s): substantially the form set forth in substantially the same form as model lllllllllllllllllllll paragraph (d)(3)(ii) of this section from certificates provided in paragraph lllllllllllllllllllll the purchaser; and lllllllllllllllllllll (d)(3)(ii) of this section, and containing lll (2) Relies on the certificate in good all information necessary to complete All shipments to Purchaser under the following Purchaser account number(s): faith. such model certificate. A new certificate lllllllllllllllllllll (ii) Qualifying resale. A sale of ODCs must be given if any information in the lllllllllllllllllllll is a qualifying resale for export if— current certificate changes. The lllllllllllllllllllll (A) The seller acquired the ODCs in certificate may be included as part of lll All shipments to Purchaser under the a qualifying sale for export and the any business records normally used to following purchase order(s): purchaser is a second purchaser for document a sale. The certificate expires lllllllllllllllllllll lllllllllllllllllllll export; on the earliest of the following dates— (B) At the time of the sale, the seller lllllllllllllllllllll (A) The date one year after the lll and the purchaser are registered with effective date of the certificate; One or more shipments to Purchaser identified as follows: the Internal Revenue Service; and (B) The date the purchaser provides a llllllllllllllllllllllllllllllllllllllllll (C) At the time of the sale, the seller— new certificate to the seller; or (1) Has an unexpired certificate in (C) The date the seller is notified by lllllllllllllllllllll substantially the form set forth in the Internal Revenue Service or the Purchaser understands that Purchaser will paragraph (d)(3)(ii)(A) of this section purchaser that the purchaser’s from the purchaser of the ODCs; and be liable for tax imposed under section 4681 registration has been revoked or if Purchaser does not export the ODCs to (2) Relies on the certificate in good suspended. which this certificate applies. faith. (ii) Model certificates—(A) ODCs sold (iii) Special rule relating to sales Purchaser understands that any use of the for export by the purchaser. If the ODCs to which this certificate applies other made before July 1, 1993. If a sale for purchaser will export the ODCs, the than for export may result in the revocation export made before July 1, 1993, certificate must be in substantially the of Purchaser’s registration. satisfies all the requirements of following form: Purchaser will retain the business records paragraph (d)(1)(i) or (ii) of this section CERTIFICATE OF PURCHASER OF needed to document the export of the ozone- other than those relating to registration, CHEMICALS FOR EXPORT BY THE depleting chemicals to which this certificate the sale will be treated as a qualifying PURCHASER applies and will make such records available sale (or resale) for export. Thus, a sale (To support tax-free sales under section for inspection by Government officers. made before July 1, 1993, may be a 4682(d)(3) of the Internal Revenue Code.) Purchaser has not been notified by the qualifying sale (or resale) even if the llllllllllllll Internal Revenue Service that its registration parties to the sale are not registered and Effective Date Expiration Date lllllllllllll has been revoked or suspended. the required certificate does not contain (not more than one year Purchaser understands that the fraudulent statements regarding registration. after effective date) use of this certificate may subject Purchaser (iv) Registration. Application for The undersigned purchaser (Purchaser) and all parties making such fraudulent use of registration is made on Form 637 (or any certifies the following under penalties of this certificate to a fine or imprisonment, or other form designated for the same use perjury: both, together with the costs of prosecution. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52855 lllllllllllllllllllll llllllllllllllllllllllllllllllllllllllllllProtection Agency as proof that the Name of Purchaser ODCs were exported. llllllllllllllllllll lllllllllllllllllllll 1 (e) Purchaser liable for tax—(1) Address of Purchaser lll All shipments to Purchaser under the lllllllllllllllllllll following Purchaser account number(s): Purchaser in qualifying sale. The lllllllllllllllllllll llllllllllllllllllllllllllllllllllllllllllpurchaser of ODCs in a qualifying sale Taxpayer Identifying Number of Purchaser for export is treated as the manufacturer lllllllllllllllllllll lllllllllllllllllllll of the ODC and is liable for any tax Title of person signing lll All shipments to Purchaser under the imposed under section 4681 lllllllllllllllllllll following purchase order(s): (determined without regard to Printed or typed name of person signing llllllllllllllllllllllllllllllllllllllllll lllllllllllllllllllll exemptions for qualifying sales under this section or § 52.4682–1) when it sells Signature lllllllllllllllllllll lll One or more shipments to Purchaser or uses the ODCs if that purchaser does (B) ODCs sold by the purchaser for identified as follows: not- resale for export by the second llllllllllllllllllllllllllllllllllllllllll(i) Export the ODCs and document the purchaser. If the purchaser will resell exportation of the ODCs in accordance lllllllllllllllllllll the ODCs to a second purchaser for with paragraph (d)(4) of this section; or export by the second purchaser, the Purchaser understands that Purchaser will be liable for tax imposed under section 4681 (ii) Sell the ODCs in a qualifying certificate must be in substantially the resale for export. following form: if Purchaser does not resell the ODCs to which this certificate applies to a Second (2) Purchaser in qualifying resale. The CERTIFICATE OF PURCHASER OF Purchaser for export or export those ODCs. purchaser of ODCs in a qualifying resale CHEMICALS FOR RESALE FOR EXPORT BY Purchaser understands that any use of the for export is treated as the manufacturer THE SECOND PURCHASER ODCs to which this certificate applies other of the ODC and is liable for any tax (To support tax-free sales under section than for resale to Second Purchasers for imposed under section 4681 4682(d)(3) of the Internal Revenue Code.) export may result in the revocation of Purchaser’s registration. (determined without regard to Effective Date llllllllllllll exemptions for qualifying sales under lllllllllllll Purchaser will retain the business records Expiration Date needed to document the sales to Second this section or § 52.4682–1) when it sells (not more than one year Purchasers for export covered by this or uses the ODCs if that purchaser does after effective date) certificate and will make such records not export the ODCs and document the The undersigned purchaser (Purchaser) available for inspection by Government exportation of the ODCs in accordance certifies the following under penalties of officers. Purchaser also will retain and make with paragraph (d)(4) of this section. perjury: available for inspection by Government Purchaser is registered with the Internal officers the certificates of its Second (f) Credit or refund—(1) In general. Revenue Service as a purchaser of ozone- Purchasers. Except as provided in paragraph (f)(2) of depleting chemicals for export under Purchaser has not been notified by the this section, a manufacturer or importer lllll registration number . Purchaser’s Internal Revenue Service that its registration that meets the conditions of paragraph registration has not been suspended or has been revoked or suspended. In addition, (f)(3) of this section is allowed a credit revoked by the Internal Revenue Service. the Internal Revenue Service has not notified or refund (without interest) of the tax it The following percentage of ozone- Purchaser of the revocation or suspension of paid to the government under section depleting chemicals purchased from: the registration of any Second Purchaser who 4681 on ODCs that are exported. lllllllllllllllllllll will purchase ozone-depleting chemicals to (Name of seller) which this certificate applies. Persons other than manufacturers and lllllllllllllllllllll Purchaser understands that the fraudulent importers of ODCs cannot file claims for (Address of seller) use of this certificate may subject Purchaser credit or refund of tax imposed under lllllllllllllllllllll and all parties making such fraudulent use of section 4681 on ODCs that are exported. (Taxpayer identifying number of seller) this certificate to a fine or imprisonment, or (2) Limitation. The amount of credits will be resold by Purchaser to persons both, together with the costs of prosecution. lllllllllllllllllllll or refunds of tax under this paragraph (Second Purchasers) that certify to Purchaser (f) is limited— that they are (1) registered with the Internal Name of Purchaser Revenue Service as purchasers of ozone- lllllllllllllllllllll (i) In the case of tax paid on post-1989 depleting chemicals for export and (2) Address of Purchaser ODCs sold during a calendar year, to the purchasing the ozone-depleting chemicals for lllllllllllllllllllll amount (if any) by which the post-1989 export. lllllllllllllllllllll exemption amount for the year exceeds Taxpayer Identifying Number of Purchaser the tax benefit provided to such post- lllllllllllllllllllll Product Percentage 1989 ODCs under paragraph (b) of this Title of person signing section; and lllll lllllllllllllllllllll CFC±11 ...... (ii) In the case of tax paid on post- CFC±12 ...... lllll Printed or typed name of person signing CFC±113 ...... lllll lllllllllllllllllllll 1990 ODCs sold during a calendar year, CFC±114 ...... lllll Signature to the amount (if any) by which the CFC±115 ...... lllll (4) Documentation of export—(i) After post-1990 exemption amount for the Halon-1211 ...... lllll year exceeds the tax benefit provided to lllll December 31, 1992. After December 31, Halon-1301 ...... 1992, to document the exportation of such post-1990 ODCs under paragraph Halon-2402 ...... lllll (b) of this section. Carbon tetrachloride ...... lllll any ODCs, a person must have the lllll evidence required by the Environmental (3) Conditions to allowance of credit Methyl chloroform ...... or refund. The conditions of this Other (specify) Protection Agency as proof that the lllllll ...... lllll ODCs were exported. paragraph (f)(3) are met if the (ii) Before January 1, 1993. Before manufacturer or importer— This certificate applies to (check and January 1, 1993, to document the (i) Documents the exportation of the complete as applicable): exportation of any ODCs, a person must ODCs in accordance with paragraph lll All shipments to Purchaser at the have evidence substantially similar to (d)(4) of this section; and following location(s): that required by the Environmental (ii) Establishes that it has— 52856 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
(A) Repaid or agreed to repay the ODCs. In 1993, E manufactures 100,000 PART 602ÐOMB CONTROL NUMBERS amount of the tax to the person that pounds of CFC–11, the maximum quantity E UNDER THE PAPERWORK exported the ODC; or is allowed to manufacture in 1993 under EPA REDUCTION ACT (B) Obtained the written consent of regulations. E has no additional production the exporter to the allowance of the allowance from EPA for 1993. In 1993, the Par. 8. The authority citation for part credit or the making of the refund. tax on CFC–11 is $3.35 per pound. E’s 1986 602 continues to read as follows: export percentage for post-1989 ODCs is (4) Procedural rules. See section 6402 Authority: 26 U.S.C. 7805. and the regulations under that section 50%. In 1993, E sells 45,000 pounds of CFC– Par. 9. In § 602.101, paragraph (c) is for procedural rules relating to filing a 11 tax free in qualifying sales for export and pays tax under section 4681 on an additional amended by revising the entries for claim for credit or refund of tax. (g) Examples. The following examples 35,000 pounds of exported CFC–11. The 52.4682–2(b) and 52.4682–2(d) and remainder of E’s production is not exported. illustrate the provisions of this section. adding entries in numerical order to the (ii) Limit on tax benefit. E’s 1993 table to read as follows: In each example, the sales are qualifying exemption amount is $167,500, (50% of sales for export (within the meaning of $335,000 (the tax that would otherwise be § 602.601 OMB Control numbers. paragraph (d)(1) of this section), all imposed on 100,000 pounds of CFC–11 in * * * * * registration, certification, and 1993)). The credit or refund allowed to E (c) *** documentation requirements of this under paragraph (f) of this section is limited section are met, and the ODCs sold for under paragraph (f)(2) of this section to the Current export are exported: amount by which E’s 1993 exemption CFR part or section where iden- OMB con- tified and described trol No. Example 1. (i) Facts. D, a corporation, amount exceeds E’s 1993 tax benefit under manufactures CFC–11, a post-1989 ODC, and paragraph (b) of this section. does not manufacture or import any other (iii) Application of limit on tax benefit. ***** ODCs. In 1993, D manufactures 100,000 Because E sold 45,000 pounds of CFC–11 tax 52.4682±2(b) ...... 1545±1153 pounds of CFC–11, the maximum quantity D free in qualifying sales for export in 1993, E’s 1545±1361 is allowed to manufacture in 1993 under EPA 1993 tax benefit under paragraph (b) of this 52.4682±2(d) ...... 1545±1153 regulations. D has no additional production section is $150,750 ($3.35 x 45,000). Thus, 1545±1361 allowance from EPA for 1993. In 1993, the the credit or refund allowed to E under tax on CFC–11 is $3.35 per pound. D’s 1986 paragraph (f) of this section is limited to ***** export percentage for post-1989 ODCs is ¥ $16,750 ($167,500 $150,750). 52.4682±5(d) ...... 1545±1361 50%. In 1993, D sells 80,000 pounds of CFC– Example 3. (i) Facts. F, a corporation, 52.4682±5(f) ...... 1545±1361 11 in qualifying sales for export. The manufactures CFC–11, a post-1989 ODC, and remainder of D’s production is not exported. does not manufacture any other ODCs. F also ***** (ii) Components of limit on tax benefit. imports CFC–11. In 1993, F manufactures Under paragraph (c)(1) of this section, D’s 60,000 pounds of CFC–11 (100,000 pounds is exemption amount for 1993 is equal to the Approved: August 31, 1995. the maximum quantity F is allowed to sum of— Margaret Milner Richardson, manufacture in 1993 under EPA regulations) (A) D’s 1986 export percentage multiplied and imports 40,000 pounds. F has no Commissioner of Internal Revenue. by the aggregate tax that would (but for Cynthia G. Beerbower, section 4682(d), section 4682(g), and additional production allowance from EPA § 52.4682–5) be imposed under section 4681 for 1993. In 1993, the tax on CFC–11 is $3.35 Deputy Assistant Secretary of the Treasury. on the maximum quantity of post-1989 ODCs per pound. F’s 1986 export percentage for [FR Doc. 95–24603 Filed 10–10–95; 8:45 am] D is permitted to manufacture during 1993; post-1989 ODCs is 50%. In 1993, F sells BILLING CODE 4830±01-U (B) The aggregate tax that would (but for 45,000 pounds of CFC–11 tax free in section 4682(d), section 4682(g), and qualifying sales for export and pays tax under § 52.4682–5) be imposed under section 4681 section 4681 on an additional 35,000 pounds on post-1989 ODCs that D manufactures of exported CFC–11. The remainder of F’s DEPARTMENT OF LABOR during 1993 under an additional production production is not exported. Occupational Safety and Health allowance; and (ii) Limit on tax benefit. F’s 1993 (C) The aggregate tax that would (but for exemption amount is $301,500, ($167,500 Administration section 4682(d), section 4682(g), and (50% of $335,000 (the tax that would 29 CFR Part 1910 § 52.4682–5) be imposed under section 4681 otherwise be imposed on 100,000 pounds of on post-1989 ODCs imported by D during CFC–11 in 1993) plus $134,000 (the tax that [Docket No. H±004 E, F, G, H, I, and J] 1993. would otherwise be imposed on the 40,000 (iii) Limit on tax benefit. The amounts pounds imported)). The credit or refund Occupational Exposure to Lead described in paragraphs (ii)(B) and (C) of this allowed to F under paragraph (f) of this Example 1 are equal to zero. Thus, D’s 1993 section is limited under paragraph (f)(2) of AGENCY: Occupational Safety and Health exemption amount is $167,500 (50% of this section to the amount by which F’s 1993 Administration (OSHA), Labor. $335,000 (the tax that would otherwise be exemption amount exceeds F’s 1993 tax imposed on 100,000 pounds of CFC–11 in ACTION: Amendments to final rule. 1993)). benefit under paragraph (b) of this section. (iv) Application of limit on tax benefit. (iii) Application of limit on tax benefit. SUMMARY: This document embodies a Under paragraph (b)(2) of this section, the tax Because F sold 45,000 pounds of CFC–11 tax determination by OSHA that it is imposed on the CFC–11 D sells for export is free in qualifying sales for export in 1993, F’s economically feasible for the brass and equal to the excess of the tax that would have 1993 tax benefit under paragraph (b) of this bronze ingot manufacturing industry as been imposed on those ODCs but for section section is $150,750 ($3.35 x 45,000). Thus, a whole to achieve an air lead limit of 4682(d) and § 52.4682–5, over D’s 1993 the credit or refund allowed to F under 75 µg/m3 within six years by means of exemption amount. But for § 52.4682–5, paragraph (f) of this section is limited to engineering and work practice controls. ¥ $268,000 ($3.35 x 80,000) of tax would have $150,750 ($301,500 $150,750). The It amends Table I of paragraph (e)(1), the limitation does not affect F’s credit or refund been imposed on the CFC–11 sold for export. compliance Implementation Schedule, Thus, $100,500 ($268,000 ¥ $167,500) of tax because the tax F paid on exported ODCs is is imposed on the CFC–11 sold for export. only $117,250 ($3.35 x 35,000). of the final rule on occupational Example 2. (i) Facts. E, a corporation, exposure to lead, 29 CFR 1910.1025, to manufactures CFC–11, a post-1989 ODC, and (h) Effective date. This section is reflect that determination. This does not manufacture or import any other effective January 1, 1993. document also amends that Table based Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52857 on the lifting of a judicial stay on March failed to present adequate evidence of Circuit lifted the judicial stay for all 8, 1990 and July 19, 1991, for other, feasibility for 38 lead industries. remand industries except the six that specific industries. The stay had been in The Court remanded the record to contested OSHA’s feasibility findings. effect with respect to compliance OSHA for reconsideration of the The 39 industries for which the stay was requirements set forth in paragraph technological and economic feasibility lifted are: agricultural pesticides; (e)(1) of the lead standard. Accordingly, of paragraph (e)(1) and stayed aluminum smelting; ammunition lead industries affected by the lifting of enforcement of paragraph (e)(1) for manufacturing; artificial pearl the stay must implement engineering those industries. Nonetheless, the Court processing; book binding; brick and work practice controls in held that the 38 industries were manufacturing; cable coating; cutlery; accordance with paragraph (e)(1) of the required to meet the PEL by a diamond processing; electroplating; lead standard by the date specified for combination of engineering controls, explosives manufacturing; gasoline the particular industry in Table I of work practices, and respiratory additive manufacturing; glass paragraph (e)(1), as amended. protection. Accordingly, the entire lead manufacturing; jewelry manufacturing; In addition, this document makes standard was in effect with two lamp manufacturing; lead burning; lead technical changes and corrections to the exceptions: (1) the requirement for the chromate pigments; leather standard, amending portions of the 38 remand industries that the PEL be manufacturing; machining; standard that are unclear, obsolete or achieved by engineering and work miscellaneous lead products; nickel inconsistent with current compliance practice controls; and (2) the smelting; pipe galvanizing; plastics and requirements. It also amends certain requirement that high efficiency filters rubber manufacturing; plumbing; information in the Appendices to 29 be used in respirators, which had been pottery and ceramics; primary and CFR 1910.1025 that may have been stayed administratively by OSHA in secondary smelting of gold, silver, and misleading. 1979 (44 FR 5445). platinum; primary copper smelting; EFFECTIVE DATE: October 11, 1995. The In December 1981, OSHA published sheet metal manufacturing; shipbuilding compliance dates for industries (46 FR 60758) and filed with the Court and ship repair; solder manufacturing; identified herein are set forth in Table its statement of reasons that compliance soldering; spray painting; steel I of paragraph (e)(1), below. with paragraph (e)(1) is feasible for all manufacturing (excluding leaded steel FOR FURTHER INFORMATION CONTACT: Ms. but nine of the remand industries, manufacturing); stevedoring; terne Anne Cyr, Acting Director of which, after recategorizing and adding metal; textiles; telecommunications; tin Information and Consumer Affairs, other industries to the list, totaled 45 rolling and plating; and zinc smelting. Occupational Safety and Health industries. The nine industries were: These industries were given two and Administration, U.S. Department of brass and bronze ingot manufacturing/ one-half years (46 FR 60758, Dec. 11, Labor, Room N–3647, 200 Constitution production; collection and processing of 1981), from the date the stay was lifted, Avenue, NW, Washington, DC 20010, scrap (including independent battery until September 8, 1992, to comply with telephone: (202) 219–8151. breaking); lead chemicals; lead the PEL by means of engineering and chromate pigments; leaded steel; work practice controls. SUPPLEMENTARY INFORMATION: nonferrous foundries; secondary copper The stay was continued for the six smelting; shipbuilding and ship Background industries that asserted challenges to repairing; and stevedoring. OSHA OSHA’s feasibility findings. These On November 14, 1978, OSHA requested that the record for these nine industries are: nonferrous foundries; promulgated the lead standard (29 CFR be remanded again to the Agency for secondary copper smelting; brass and 1910.1025), which established a further consideration of economic and bronze ingot manufacturing; collection permissible exposure limit (PEL) of 50 technological feasibility. In March 1987, and processing of scrap (including µ 3 g/m based on an 8-hour time- the Court remanded the record to OSHA independent battery breaking); leaded weighted-average (TWA) (43 FR 52952; for these industries. steel manufacturing; and lead chemicals and see 43 FR 54354, November 21, On July 11, 1989, after public manufacturing. On July 19, 1991, in 1978). Paragraph (e)(1) of the standard hearings, OSHA published its AISI v. OSHA, 939 F.2d 975 (D.C. Cir. requires that, to the extent feasible, determination that compliance with 1991), the Court affirmed OSHA’s employers achieve the PEL of 50 µg/m3 paragraph (e)(1) was both findings of technological and economic solely by means of engineering and technologically and economically feasibility for all industries except the work practice controls. feasible for eight of the nine industries finding of economic feasibility for brass The standard was challenged by both (54 FR 29142). For the ninth industry, and bronze ingot manufacturing. industry and labor, with all cases nonferrous foundries, OSHA Accordingly, the Court lifted the transferred to the U. S. Court of Appeals distinguished between large foundries judicial stay for the other five for the District of Columbia. In United (those with 20 or more employees) and industries. Steelworkers of America v. Marshall, small foundries (those with fewer than Secondary copper smelters, lead 647 F. 2d 1189 (D.C. Cir. 1980), cert. 20 employees). OSHA concluded that chemical manufacturing, and large denied, 453 U.S. 913 (1981), the Court paragraph (e)(1) was feasible for large nonferrous foundries were allowed five affirmed most aspects of the regulation nonferrous foundries but was not years from July 19, 1991, the date of the covering worker exposure to airborne economically feasible for small Court’s decision, to implement lead. The Court also upheld OSHA’s nonferrous foundries. On January 30, engineering and work practice controls findings of feasibility for ten industries: 1990, OSHA published its to achieve the PEL of 50 ug/m3. Small primary lead production, secondary determination that achieving an nonferrous foundries were allowed five lead production, can manufacturing, airborne lead concentration of 75 µg/m3 years from that date to achieve an lead acid battery manufacturing, paints was economically feasible for small airborne lead concentration of 75 ug/ and coatings manufacturing, ink foundries (55 FR 3146). m3. manufacturing, wallpaper On March 8, 1990, in response to As to the sixth industry, brass and manufacturing, electronics, printing, OSHA’s statement of reasons regarding bronze ingot manufacturing, the stay and grey-iron foundries. However, the the feasibility of paragraph (e)(1), the remained in effect. The Court upheld Court further found that OSHA had U.S. Court of Appeals for the D.C. OSHA’s finding of technological 52858 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations feasibility for that industry but This recognition by the industry is removal and return of an employee—(i) remanded the record to OSHA for reflected in the settlement agreement Temporary removal due to elevated further consideration of economic signed on June 27, 1995 by OSHA and blood lead levels. Paragraphs (k)(1)(i)(A) feasibility. For all other lead industries the Institute of Scrap Recycling and (B) are deleted in their entirety as the requirement to comply with Industries (‘‘ISRI’’) and the Brass and they reference a phase-in schedule for paragraph (e)(1) is currently in effect. Bronze Ingot Manufacturers, Inc. medical removal protection that is no In response to the remand, OSHA has (‘‘BBIM’’), representing the brass and longer relevant. Paragraphs (k)(1)(i)(C) reconsidered the record and has bronze ingot manufacturing industry. and (D) are revised to maintain concluded that an airborne lead OSHA will incorporate the detailed consistency with current requirements concentration of 75 ug/m3, measured as terms of that agreement into a and are redesignated as paragraphs an 8-hour TWA, is the lowest, compliance directive applicable to the (k)(1)(i)(A) and (B), respectively, to economically feasible level that can be industry. maintain continuity of the regulatory achieved by the brass and bronze ingot The new compliance dates that result text. manufacturing industry as a whole by from the stay being lifted, OSHA’s engineering and work practice controls. determination of economic feasibility, Paragraphs (k)(1)(iii)(A)(1) and (2) are Employers in the industry are required, and the settlement agreement are deleted since they reference interim therefore, to reduce airborne reflected in the Implementation levels that no longer apply, and concentrations of lead to that level. The Schedule (Table I) of paragraph (e)(1) of paragraphs (k)(1)(iii)(A)(3) and (4) are industry will have six years from the the standard, as amended. redesignated as paragraphs date the court lifts the existing stay to (k)(1)(iii)(A)(1) and (2), respectively, to Explanation of Technical Amendments do so. maintain continuity of the regulatory OSHA reached this conclusion based and Corrections text. upon the evidence in the record as 1. Paragraph (e). Methods of 6. This document also corrects several discussed and analyzed at 57 FR 29150– compliance—(1) Engineering and work inadvertent errors and updates 29162 (July 11, 1989). In particular, practice controls. The Implementation information in Appendix B and revises OSHA relied upon reliable data from Schedule (Table I) of paragraph (e)(1) is certain language in Appendix C which OSHA’s contractor JACA, showing that being revised to reflect the current might otherwise be misleading. nearly three-quarters of all employees in status of compliance dates for the ingot production were already exposed engineering and work practice With the exception of the below 50 ug/m3 years ago. Data from requirements for the lead industries as amendments to Table I and the recent OSHA inspections are similar. a result of the lifting of the stay on determination of economic feasibility These data show that most employees enforcement of paragraph (e)(1) for all of for the brass and bronze ingot are exposed below 50 ug/m3 and that the remaining remand lead industries manufacturing industry, which were the 90% are exposed below 100 ug/m3. except brass and bronze ingot subject of additional fact finding and a Taken together, these data suggest that manufacturers. The revision of Table I settlement agreement, the amendments only very limited costs will be incurred also reflects OSHA’s determination and corrections described above are in reducing exposure levels in most regarding economic feasibility for that minor and not controversial. OSHA operations, most of the time to lead in industry and the settlement agreement does not believe that there is a need to air concentrations at or below 75 ug/m3. between representatives of OSHA and subject these technical amendments and OSHA is assured of the economic the industry. In addition, reference to corrections in which the public is not feasibility of 75 ug/m3 for three interim levels, which are now obsolete, particularly interested to rulemaking or additional reasons. First, OSHA is deleted. other public procedures (see 29 CFR recognizes that in the two most difficult 2. Paragraph (e)(4). Bypass of interim 1911.5). Good cause is hereby found to operations to control to 75 ug/m3 by level. Paragraph (e) (4) is deleted from dispense with such procedures in this engineering and work practice controls, 29 CFR 1910.1025 as the interim levels instance. For the same reason, good briquetting and baghouse maintenance, established in this paragraph at the time cause is also found to make these achieving that airborne concentration of promulgation of the lead standard are changes effective immediately. limit probably is not economically no longer relevant. To avoid confusion Authority and Signature feasible for the industry as a whole. for readers and to maintain continuity of OSHA therefore is not seeking to prove the regulatory text, paragraphs (e)(5) and This document was prepared under economic feasibility for, or to impose (e)(6) are redesignated as paragraphs the direction of Joseph A. Dear, the presumption of economic feasibility (e)(4) and (e)(5), respectively. Assistant Secretary of Labor for on, those operations. Second, in 3. Paragraph (f)—Respiratory Occupational Safety and Health, 200 recognition of the economic constraints protection. Paragraph (f)(1)(i) is revised Constitution Avenue, N.W., on the industry, OSHA is allowing to delete the entire clause beginning Washington, DC 20210. employers six years from the date the with the word ‘‘except,’’ which is based This action is taken pursuant to court lifts the stay on paragraph (e) of on interim levels that are no longer sections 6(b) and 8(c) of the the lead standard before employers have relevant. to come into compliance with the 4. Paragraph (j). Medical Occupational Safety and Health Act of airborne concentration limit of 75 ug/ Surveillance.—Paragraph (j)(2)(ii) is 1970 (84 Stat. 1593, 1597, 1599, 29 m3. Employers, thus, can spread the revised to clarify that the requirement U.S.C 653, 655, 657), Secretary of costs of compliance over that time for follow-up blood sampling tests Labor’s Order No. 1–90 (55 FR 9033) period. And finally, although OSHA did applies only to the 60 ug/100 g removal and 29 CFR part 1911 and 33 U.S.C 941. not rely upon it in determining trigger and does not apply to the 50 ug/ Part 1910, Title 29, Code of Federal economic feasibility, the fact that 100 g trigger, which already involves an Regulations, is hereby amended as set industry representatives recognize that average rather than a single result to be forth below. 75 ug/m3 is economically feasible is confirmed. List of Subjects in 29 CFR Part 1910 strong confirmation of the accuracy of 5. Paragraph (k). Medical removal that determination. protection—(1) Temporary medical Lead, Occupational Safety and Health. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52859
Signed at Washington, D.C., this 2nd day § 1910.1025 Lead. this section indicate that the employee’s of October, 1995. * * * * * blood lead level is at or above 60 µg/100 Joseph A. Dear, (e) Methods of compliance—(1) g of whole blood; and Assistant Secretary of Labor. Engineering and work practice controls. (B) The employer shall remove an Part 1910 of Title 29 of the Code of (ii) * * * employee from work having an Federal Regulations is hereby amended exposure to lead at or above the action as set forth below: TABLE I level on each occasion that the average of the last three blood sampling tests PART 1910Ð[AMENDED] Compliance conducted pursuant to this section (or Industry dates: 1 1. The authority citation for Subpart (50 µg/m3) the average of all blood sampling tests Z of Part 1910 continues to read as conducted over the previous six (6) follows: Lead chemicals, secondary July 19, months, whichever is longer) indicates copper smelting. 1996. Authority: Secs. 6, 8 Occupational Safety that the employee’s blood lead level is Nonferrous foundries ...... July 19, at or above 50 µg/100 g of whole blood; and Health Act, 29 U.S.C. 655, 657; Secretary 1996. 2 of Labor’s Orders 12–71 (36 FR 8754), 8–76 3 provided, however, that an employee Brass and bronze ingot man- 6 years. need not be removed if the last blood (41 FR 25059), 9–83 (48 FR 35736), or 1–90 ufacture. (55 FR 9033), as applicable; and 29 CFR Part sampling test indicates a blood lead 1911. 1 Calculated by counting from the date the level at or below 40 µg/100 g of whole All of subpart Z issued under section 6(b) stay on implementation of paragraph (e)(1) blood. was lifted by the U.S. Court of Appeals for the of the Occupational Safety and Health Act, * * * * * except those substances which have exposure District of Columbia, the number of years specified in the 1978 lead standard and sub- limits listed in Tables Z–1, Z–2, and Z–3 of sequent amendments for compliance with the 6. In § 1910.1025, Appendix B is 29 CFR 1910.1000. The latter were issued PEL of 50 µg/m3 for exposure to airborne con- amended as follows: under section 6(a) (29 U.S.C. 655(a)). centrations of lead levels for the particular in- Section XV, For Additional Section 1910.1000 Tables Z–1, Z–2, Z–3 dustry. also issued under 5 U.S.C. 553. Section 2 Large nonferrous foundries (20 or more Information, Part A, and item 9 are 1910.1000, Table Z–1, Z–2, and Z–3 not employees) are required to achieve the PEL of revised and new items 10 through 14 are issued under 29 CFR part 1911 except for the 50 µg/m3 by means of engineering and work added to read as follows: practice controls. Small nonferrous foundries arsenic (organic compounds), benzene, and * * * * * cotton dust listings. (fewer than 20 employees) are required to achieve an 8-hour TWA of 75 µg/m3 by such XV. * * * Section 1910.1001 also issued under Sec. controls. A. Copies of the Standard and explanatory 107 of Contract Work Hours and Safety 3 Expressed as the number of years from material may be obtained by writing or Standards Act, 40 U.S.C. 333 and 5 U.S.C. the date on which the Court lifts the stay on calling the OSHA Docket Office, U.S. 553. the implementation of paragraph (e)(1) for this Department of Labor, room N2634, 200 Section 1910.1002 not issued under 29 industry for employers to achieve a lead in air Constitution Avenue, N.W., Washington, DC U.S.C. 655 or 29 CFR Part 1911; also issued concentration of 75 µg/m3. Compliance with under 5 U.S.C. 553. paragraph (e) in this industry is determined by 20210. Telephone: (202) 219–7894. Section 1910.1003 through 1910.1018 also a compliance directive that incorporates ele- * * * * * issued under 29 U.S.C. 653. ments from the settlement agreement between 9. Revision to the standard and an OSHA and representatives of the industry. Section 1910.1025 also issued under 29 additional appendix (Appendix D), Federal U.S.C. 653 and 5 U.S.C. 553. * * * * * Register, Vol. 47, pp. 51117–51119, Section 1910.1028 also issued under 29 (f) Respiratory protection. November 12, 1982. U.S.C. 653. (1) * * * 10. Notice of reopening of lead rulemaking Section 1910.1030 also issued under 29 (i) During the time period necessary to for nine remand industry sectors, Federal U.S.C. 653. Register, vol. 53, pp. 11511–11513, April 7, Section 1910.1043 also issued under 5 install and implement engineering or work practice controls. 1988. U.S.C. 551 et seq. 11. Statement of reasons, Federal Register, Sections 1910.1045 and 1910.1047 also * * * * * vol. 54, pp. 29142–29275, July 11, 1989. issued under 29 U.S.C. 653. (j) * * * 12. Statement of reasons, Federal Register, Section 1910.1048 also issued under 29 (2) * * * vol. 55, pp. 3146–3167, January 30, 1990. U.S.C. 653. (ii) Follow-up blood sampling tests. 13. Correction to appendix B, Federal Sections 1910.1200, 1910.1499 and Whenever the results of a blood lead Register, vol. 55, pp. 4998–4999, February 1910.1500 also issued under 5 U.S.C. 553. 13, 1991. Section 1910.1450 is also issued under level test indicate that an employee’s blood lead level exceeds the numerical 14. Correction to appendices, Federal secs. 6(b), 8(c) and 8(g)(2), Pub. L. 91–596, 84 Register, vol. 56, p. 24686, May 31, 1991. Stat. 1593, 1955, 1600; 29 U.S.C. 655, 657. criterion for medical removal under * * * * * 2. Section 1910.1025 is amended by paragraph (k)(1)(i)(A) of this section, the revising Table I in paragraph (e)(1)(ii), employer shall provide a second 7. Appendix C to § 1910.1025, Section and paragraphs (f)(1)(i), (j)(2)(ii), and (follow-up) blood sampling test within I. Medical Surveillance and Monitoring (k)(1)(i); two weeks after the employer receives Requirements for Workers Exposed to 3. By removing paragraph (e)(4) and the results of the first blood sampling Inorganic Lead, is amended as follows: redesignating paragraphs (e)(5) and (6) test. a. In the last sentence of the second as paragraphs (e)(4) and (5); * * * * * paragraph, the words ‘‘A zinc protoporphyrin 4. By removing paragraphs (k)(1)(i)(A) (k) * * * (ZPP) measurement is strongly recommended and (B) and redesignating paragraphs (1) * * * .. .’’ are revised to read ‘‘A zinc (k)(1)(i)(C) and (D) as (k)(1)(i)(A) and (i) Temporary removal due to elevated protoporphyrin (ZPP) is required . . .’’ (B); and blood lead levels. (A) The employer b. In Table 2, item B, the words ‘‘(ZPP is 5. By removing paragraphs shall remove an employee from work also strongly recommended . . .’’ are revised (k)(1)(iii)(A)(1) and (2), and having an exposure to lead at or above to read ‘‘(ZPP is also required . . .’’ redesignating paragraphs (k)(1)(iii)(A)(3) the action level on each occasion that a * * * * * and (4) as paragraphs (k)(1)(iii)(A)(1) periodic and a follow-up blood [FR Doc. 95–25067 Filed 10–10–95; 8:45 am] and (2). sampling test conducted pursuant to BILLING CODE 4510±26±P 52860 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: forward masthead light in the forward Captain R. R. Pixa, JAGC, U.S. Navy, quarter of the ship. The Deputy Department of the Navy Admiralty Counsel, Office of the Judge Assistant Judge Advocate General Advocate General, Navy Department, (Admiralty) has also certified that the 32 CFR Part 706 200 Stovall Street, Alexandria, VA lights involved are located in closest Certifications and Exemptions Under 22332–2400, Telephone number: (703) possible compliance with the applicable the International Regulations for 325–9744. 72 COLREGS requirements. Moreover, it has been determined, in Preventing Collisions at Sea, 1972; SUPPLEMENTARY INFORMATION: Pursuant accordance with 32 CFR Parts 296 and Amendment to the authority granted in 33 U.S.C. 701, that publication of this amendment AGENCY: Department of the Navy, DOD. 1605, the Department of the Navy for public comment prior to adoption is amends 32 CFR Part 706. This ACTION: Final rule. impracticable, unnecessary, and amendment provides notice that the contrary to public interest since it is SUMMARY: The Department of the Navy Deputy Assistant Judge Advocate based on technical findings that the is amending its certifications and General (Admiralty) of the Navy, under placement of lights on this vessel in a exemptions under the International authority delegated by the Secretary of manner differently from that prescribed Regulations for Preventing Collisions at the Navy, has certified that USS JOHN herein will adversely affect the vessel’s Sea, 1972 (72 COLREGS), to reflect that C. STENNIS (CVN 74) is a vessel of the ability to perform its military functions. the Deputy Assistant Judge Advocate Navy which, due to its special General (Admiralty) of the Navy has construction and purpose, cannot List of Subjects in 32 CFR Part 706 determined that USS JOHN C. STENNIS comply fully with the following specific Marine safety, Navigation (Water), (CVN 74) is a vessel of the Navy which, provisions of 72 COLREGS without and Vessels. due to its special construction and interfering with its special function as a Accordingly, 32 CFR Part 706 is purpose, cannot comply fully with naval ship: Rule 21(a), pertaining to the amended as follows: certain provisions of the 72 COLREGS placement of the masthead lights over without interfering with its special the fore and aft centerline of the ship; PART 706Ð[AMENDED] function as a naval ship. The intended Annex I, paragraph 2(g), pertaining to effect of this rule is to warn mariners in the placement of the sidelights above 1. The authority citation for 32 CFR waters where 72 COLREGS apply. the hull; and Annex I, paragraph 3(a), Part 706 continues to read: EFFECTIVE DATE: September 21, 1995. pertaining to the placement of the Authority: 33 U.S.C. 1605.
§ 706.2 [Amended] 2. Table Two of § 706.2 is amended by adding the following entry:
TABLE TWO
Side Forward AFT an- Side lights, dis- Side Masthead anchor Forward chor light, lights, dis- tance for- lights, dis- lights, dis- light, dis- anchor distance AFT an- tance ward of tance in- tance to tance light, num- flight dk in chor light, below forward board of Vessel Number stbd of below ber of; meters; number of; flight dk in masthead ship's keel in flight dk in Rule Rule Rule meters; light in sides in meters; meters; 30(a)(i) 21(e), 30(a)(ii) § 2(g), meters; meters, Rule 21(a) § 2(K), Rule Annex I § 3(b), § 3(b), Annex I 30(a)(ii) Annex I Annex I
USS JOHN C. STENNIS .. CVN±74 30.0 ...... 0.6 ......
3. Table Five of § 706.2 is amended by adding the following entry:
TABLE FIVE
Masthead lights After masthead not over all Forward mast- light less than head light not in 1¤2 ship's length Percentage hori- Vessel No. other lights and forward quarter aft of forward zontal separa- obstructions. of ship. annex I, masthead light, tion attained annex I, sec. sec. 3(a) annex I, sec. 2(f) 3(a)
USS JOHN C. STENNIS ...... CVN 74 ...... X ...... Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52861
Dated: September 21, 1995. SUPPLEMENTARY INFORMATION: the Hallett Co. continued to operate a C.E. Schaff, Immediate Effect of Regulation wire mill on the site until 1987. Soil, LCDR, JAGC, U.S. Navy, Acting Deputy sediments, surface water, and ground Assistant Judge Advocate General In accordance with 5 U.S.C. 553, a water at the site are contaminated with (Admiralty). Notice of Proposed Rulemaking was not coke and tar products which contain published for this regulation and good Dated: September 26, 1995. high concentrations of polycyclic cause exists for making it effective in aromatic hydrocarbons (PAHs). M.D. Schetzsle, less than 30 days from the date of LT, JAGC, USNR, Alternate Federal Register Sediments also contain elevated levels publication. Following normal of heavy metals. PAHs include Certifying Officer. rulemaking procedures would have [FR Doc. 95–25136 Filed 10–10–95; 8:45 am] phenanthrene, acenaphthene, and been contrary to the public interest fluoranthene. The Minnesota BILLING CODE 3810±FF±P because the existence of contaminated Department of Health (MDH) has sediments at this site constitutes an determined that the site is a public immediate danger to the health of any health concern from possible exposure DEPARTMENT OF TRANSPORTATION person swimming in the area or to hazardous substances via dermal consuming fish from the area. In Coast Guard contact, ingestion, or inhalation of addition, it is expected that creation of contaminated soil or sediments. these limited safety zones will have 33 CFR Part 165 Therefore, based on advice from MDH, minimal effects on public use of the the Coast Guard Captain of the Port in [CGD09±95±026] waterway. Duluth has determined that swimming Safety Zones; USX Superfund Site on Request for Comments or fishing in the designated areas is the St. Louis River Although this regulation is published unsafe. In addition, to prevent agitation as a final rule without prior notice, an of the bottom and further spreading of AGENCY: Coast Guard, DOT. opportunity for public comment is contaminated sediments, vessel traffic ACTION: Final rule; request for nevertheless desirable in order to insure through the areas is prohibited. comments. that the regulation is both reasonable Drafting Information SUMMARY: The Coast Guard is and workable. Accordingly, the Coast The drafters of this regulation are establishing two safety zones in Guard encourages interested persons to Lieutenant (junior grade) Anthony segments of the St. Louis River near participate in this rulemaking by Beatrez, U.S. Coast Guard Marine Safety Duluth, Minnesota, in areas which are submitting comments which may Office, Duluth, and Commander Eric part of the USX Superfund Site, in order consist of data, views, arguments, or Reeves, Chief, Port & Environmental to protect the public from the effects of proposals for amendments to the Safety Branch, Ninth Coast Guard contaminated sediments at that site. proposed regulations. The Coast Guard District. Navigation of vessels through the zones does not currently plan to have a public Environment is prohibited. Swimming and fishing are hearing. However, consideration will be prohibited within the zones. Although given to holding a public hearing if it is The Coast Guard has considered the this regulation is being made effective requested. Such a request should environmental impact of this regulation immediately in order to protect public indicate how a public hearing would and concluded that, under section health, the public is invited to comment contribute substantial information or 2.B.2.c of Coast Guard Commandant on this action and the Coast Guard will views which cannot be received in Instruction M16475.1B, it is consider changes in this action in written form. If it appears that a public categorically excluded from further response to any comments received. hearing would substantially contribute environmental documentation, and has to this rulemaking and there is sufficient DATES: This rule is effective on August so certified in the docket file. This time to publish a notice, the Coast 31, 1995. Comments on this rule must regulatory action is being taken to Guard will announce such a hearing by be received on or before December 15, protect the public from the danger a later notice in the Federal Register. 1995. posed by contamination at the site and is designed to limit the existing threat ADDRESSES: Comments and supporting Background and Purpose to the environment. materials should be mailed or delivered The USX Superfund Clean-up Site is to Lieutenant (junior grade) Anthony a 640-acre site located about five miles Federalism Beatrez, U.S. Coast Guard Marine Safety southwest of the Duluth central This action has been analyzed in Office, 600 S. Lake Ave., Canal Park, business district. The St. Louis River accordance with the principles and Duluth, MN 55802. Please reference the runs along the east and south sides of criteria contained in Executive Order name of the proposal and the docket the site; the river empties into Lake 12612, and it has been determined that number in the heading above. If you Superior about eight miles downstream this regulation does not have sufficient wish receipt of your mailed comments of the site. The Duluth subdivisions of federalism implications to warrant the to be acknowledged, please include a Gary and New Duluth are located to the preparation of a Federalism Assessment. stamped, self-addressed envelope or southwest of the site; the subdivisions This routine use of traditional and well- postcard for that purpose. Comments of Morgan Park and Smithsville are recognized Coast Guard authority over and materials received will be available immediately adjacent to the site to the the navigable waters is being taken on for public inspection at the above north and northwest, respectively. U.S. the advice of, and in consultation with, location from 9 a.m. to 3 p.m., Monday Steel and Duluth Works operated a large the Minnesota Department of Health. through Friday. integrated steel mill on the site from FOR FURTHER INFORMATION CONTACT: about 1915 until 1979. Operations Regulatory Evaluation Lieutenant (junior grade) Anthony included coke and iron production, This regulation is considered to be Beatrez, U.S. Coast Guard Marine Safety open hearth steel production, wire nonsignificant under Executive Order Office, 600 S. Lake Ave., Canal Park, rolling, and wire milling. Although the 12866 on Regulatory Planning and Duluth, MN 55802, (218) 720–5286. Duluth Works operation closed in 1979, Review and nonsignificant under 52862 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Department of Transportation regulatory skiing or other recreational use of the fraud by the surviving spouse or policies and procedures (44 FR 11034 of water which involves a substantial risk collusion. February 26, 1979). There are few if any of immersion in the water) or taking of The Omnibus Budget Reconciliation persons currently using the area for fish (including all forms of aquatic Act of 1990 (OBRA), Pub. L. 101–508, swimming or fishing, and any animals) from the waters covered by deleted 38 U.S.C. 103(d)(2). The effect of restrictions on vessel movement will be these safety zones is prohibited at all this change was to deny benefits to temporary. The safety zones do not times. those filing claims on or after November extend into the main navigation Dated: August 31, 1995. 1, 1990, who had remarried at any time after the death of the veteran. channel. Therefore, any restriction on D.S. Gilbert, vessel transit will have minimal, if any, The Veterans’ Benefits Programs Captain, U.S. Coast Guard, Captain of the Improvement Act of 1991, Pub. L. 102– effect. Port Duluth. 86, provided that the 1990 OBRA Small Entities [FR Doc. 95–25171 Filed 10–10–95; 8:45 am] amendments would not apply to any The economic impact of this BILLING CODE 4910±14±M person who met the statutory definition regulation is expected to be so minimal of a surviving spouse on October 31, that a full regulatory evaluation is 1990, unless after that date the unnecessary. Since the impact of this DEPARTMENT OF VETERANS individual married or lived with regulation is expected to be minimal, AFFAIRS another person and held himself or the Coast Guard certifies that, if herself out openly to the public as that adopted, it will not have a significant 38 CFR Part 3 person’s spouse. economic impact on a substantial RIN 2900±AH67 The Veteran’s Benefits Act of 1992, number of small entities. Pub. L. 102–568, provided in section 103 that the 1990 OBRA amendment Collection of Information Reinstatement of Benefits Eligibility Based Upon Terminated Marital would not apply to any case in which This regulation will impose no Relationships a legal proceeding that terminated an collection of information requirements existing marital relationship was under the Paperwork Reduction Act, 44 AGENCY: Department of Veterans Affairs. commenced before November 1, 1990, U.S.C. 3501 et seq. ACTION: Final rule. by an individual who, but for that List of Subjects in 33 CFR Part 165 marital relationship, would be SUMMARY: This document amends the considered the surviving spouse of a Harbors, Marine safety, Navigation Department of Veterans Affairs (VA) veteran. (water), Security measures, Vessels, adjudication regulations concerning VA regulations pertaining to Waterways. reinstatement of benefits for a surviving reinstatement of benefits eligibility of a Regulations spouse of a veteran whose remarriage surviving spouse based upon after the veteran’s death is terminated termination of a marital relationship In consideration of the foregoing, the by legal proceedings. The amendment appear at 38 U.S.C. 3.55(a). Previously, Coast Guard amends Subpart F of Part makes clear that such proceedings must subsection (a) included the following 165 of title 33, Code of Federal have been brought by the individual provisions: Regulations as follows: seeking to establish his or her status as (2) On or after January 1, 1971, remarriage the veteran’s surviving spouse. The PART 165Ð[AMENDED] of a surviving spouse terminated prior to purpose of the amendment is to make November 1, 1990, or terminated by legal 1. The authority citation for Part 165 the regulation conform to the relevant proceedings commenced prior to November continues to read as follows: statute. 1, 1990, shall not bar the furnishing of benefits to such surviving spouse provided Authority: 33 U.S.C. 1231; 50 U.S.C. 191; EFFECTIVE DATE: This amendment is that the marriage: 33 CFR 1.05–1(g), 6.04–6, and 160.5; and 49 effective October 11, 1995. CFR 1.46. FOR FURTHER INFORMATION CONTACT: Paul * * * * * Trowbridge, Consultant, Regulations (ii) Has been dissolved by a court with 2. A new § 165.905 is added to read basic authority to render divorce decrees as follows: Staff, Compensation and Pension unless the Department of Veterans Affairs Service, Veterans Benefits determines that the divorce was secured § 165.905 USX Superfund Cite Safety Administration, 810 Vermont Avenue, through fraud by the surviving spouse or Zones: St. Louis River. NW, Washington, DC 20420, telephone through collusion. (a) The following areas of the St. (202) 273–7210. * * * * * Louis River, within the designated SUPPLEMENTARY INFORMATION: A Since 38 CFR 3.55(a)(2) previously boxes of latitude and longitude, are surviving spouse of a veteran must be did not provide that the legal safety zones: # unmarried to receive VA benefits. The proceedings which result in termination (1) Safety Zone 1 (North Spirit Lake): law regarding the eligibility for benefits of the remarriage must have been ° ′ ′′ North Boundary: 46 41 33 W of a surviving spouse of a veteran who ° ′ ′′ commenced by the individual seeking South Boundary: 46 41 18 W remarries after the veteran’s death and benefits as a veteran’s surviving spouse, East Boundary: 92°11′53′′ W ° ′ ′′ whose remarriage later terminates has it is now amended to conform with West Boundary: 92 12 11 W changed several times in recent years. section 103 of Pub. L. 102–568. We are # (2) Safety Zone 2 (South Spirit Lake): Before November 1, 1990, 38 U.S.C. also making nonsubstantive North Boundary: 46°40′45′′ N 103(d)(2) provided that the remarriage amendments to 38 CFR 3.400 in order South Boundary: 46°40′33′′ N of a surviving spouse of a veteran would to update cross-references and authority East Boundary: 92°11′40′′ W not bar benefits if the remarriage was citations. West Boundary: 92°12′05′′ W terminated by death or dissolved by a VA is issuing a final rule to make the (b) Transit of vessels through the court with basic authority to render above described amendments. The waters covered by these zones is divorce decrees, unless VA determined amendment to 38 CFR 3.55(a)(2) is prohibited. Swimming (including water that the divorce was secured through necessary to conform that regulatory Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52863 provision with Pub. L. 102–568. 8. In § 3.400(w), the heading, remove otherwise adequate for rating purposes, Because these amendments merely ‘‘103(d)(3),’’. but private physicians’ reports were not. restate a statutory provision and make 9. In § 3.400(w) remove ‘‘§ 3.55(c) or On July 14, 1994, VA published a nonsubstantive changes, publication as (d)’’ and add, in its place, ‘‘§ 3.55(a)’’. final rule in the Federal Register (59 FR 35851) amending 38 CFR 3.326 to a proposal for public comment is [FR Doc. 95–25128 Filed 10–10–95; 8:45 am] unnecessary. permit acceptance of a private BILLING CODE 8320±01±P physician’s statement for the purpose of Administrative Procedure Act rating claims for increased The substantive changes made by this 38 CFR Part 3 compensation due to the increased final rule merely reflect a statutory severity of service-connected change contained in Pub. L. 102–568. RIN 2900±AH48 disabilities. A private physician’s Accordingly, pursuant to 5 U.S.C. 553, statement, however, was still not there is a basis for dispensing with prior Examinations acceptable for rating an original notice and comment on this final rule AGENCY: Department of Veterans Affairs. compensation claim. and dispensing with a 30-day delay of ACTION: Interim final rule. On November 2, 1994, the Veterans’ its effective date. Benefits Improvements Act of 1994, SUMMARY: Pub. L. 103–446, was signed into law. Regulatory Flexibility Act This document amends the Department of Veterans Affairs (VA) Section 301 of Pub. L. 103–446 Because no notice of proposed adjudication regulations concerning underscored the Secretary of Veterans rulemaking was required in connection compensation and pension claims filed Affairs’ discretionary authority to accept with the adoption of this final rule, no by veterans, surviving spouses, or the report of a private physician’s regulatory flexibility analysis is required parents. This changes the language for examination that is otherwise adequate under the Regulatory Flexibility Act (5 authorizing VA examinations by for rating purposes to establish U.S.C. 601 et seq.). providing that a VA examination will be entitlement to any compensation or The catalog of Federal Domestic Assistance authorized where there is a well- pension benefit. A final rule enabling program numbers are 64.101, 64.105, and grounded claim for disability the Secretary to exercise that 64.110. compensation but where the medical discretionary authority was published List of Subjects in 38 CFR Part 3 evidence accompanying the claim is not on May 24, 1995 in the Federal Register adequate for rating purposes. This more (60 FR 27409). That final rule amended Administrative practice and accurately reflects statutory language 38 CFR 3.326(d) as well as §§ 3.157, procedure, Claims, Health care, and caselaw requirements concerning 3.327, and 3.352. Individuals with disabilities, Pensions, such VA examinations. Previously, paragraph (a) of § 3.326 Veterans. DATES: The effective date of this interim indicated that a VA examination would Approved: September 11, 1995. final rule is October 11, 1995. be authorized where the reasonable Jesse Brown, Comments must be received on or probability of a valid claim was Secretary of Veterans Affairs. before December 11, 1995. indicated in any compensation or pension claim filed by a veteran, For the reasons set forth in the ADDRESSES: Mail written comments to: surviving spouse, or parent, whether an preamble, 38 CFR part 3 is amended as Director, Office of Regulations original or reopened claim or a claim for follows: Management (02D), Department of increase. This document revises Veterans Affairs, 810 Vermont Avenue PART 3ÐADJUDICATION paragraph (a) to state that a VA NW., Washington, DC 20420, or hand- examination will be authorized where Subpart AÐPension, Compensation, deliver written comments to: Office of there is a ‘‘well-grounded claim’’ for and Dependency and Indemnity Regulations Management, Room 1176, disability compensation or pension but Compensation 801 Eye Street NW., Washington, DC where the medical evidence 20001. Comments should indicate that accompanying the claim is not adequate 1. The authority citation for part 3, they are in response to ‘‘RIN 2900– for rating purposes. We believe this will subpart A continues to read as follows: AH48.’’ All written comments received not cause a substantial change in the Authority: 38 U.S.C. 501(a), unless will be available for public inspection in criteria for authorizing VA otherwise noted. the Office of Regulations Management, examinations; however, this change is Room 1176, 801 Eye Street NW., § 3.55 [Amended] made to more accurately reflect Washington, DC 20001, between the statutory language and caselaw 2. In § 3.55(a)(2)introductory text add hours 8:00 a.m. and 4:30 p.m., Monday requirements concerning such VA ‘‘by an individual who, but for the through Friday (except holidays). examinations. remarriage, would be considered the FOR FURTHER INFORMATION CONTACT: Paul The Court of Veterans Appeals has surviving spouse,’’ immediately before Trowbridge, Consultant, Regulations held that scheduling a VA examination ‘‘shall not bar’’. Staff, Compensation and Pension may be required as part of VA’s duty to § 3.400 [Amended] Service, Veterans Benefits assist the claimant under 38 U.S.C. 3. In § 3.400(u)(3) remove ‘‘§ 3.55(e)’’ Administration, 810 Vermont Avenue 5107(a), and that the duty to assist and add, in its place, ‘‘§ 3.55(b)’’. NW., Washington, DC 20420, (202) 273– attaches when a claim is well-grounded, 4. In § 3.400(u)(4) remove ‘‘§ 3.55(e)’’ 7210. i.e., when the claim is plausible, and add, in its place, ‘‘§ 3.55(b)’’. SUPPLEMENTARY INFORMATION: For many meritorious on its own, or capable of 5. In § 3.400(v), the heading, remove years VA regulations provided that a substantiation. See, e.g., Betties v. ‘‘38 U.S.C. 103(d)(2)’’ and add, in its compensation claim could not be rated Brown, 6 Vet. App. 333, 336 (1993). place, ‘‘38 U.S.C. 103(d)’’. without a current VA examination, or a The amendments made by this 6. In § 3.400(v)(3) remove ‘‘§ 3.55(b)’’ report deemed to be the equivalent of a document do not affect the provisions and add, in its place, ‘‘§ 3.55(a)’’. VA examination. In general, hospital already in the place that require former 7. In § 3.400(v)(4) remove ‘‘§ 3.55(b)’’ reports (government or private) were prisoners of war to be afforded a and add, in its place, ‘‘§ 3.55(a)’’. deemed to be VA examinations if complete examination at a VA hospital 52864 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations or outpatient clinic prior to any rating claims for increase submitted by a Boise Meridian action denying monetary benefits. veteran, surviving spouse, parent, or T. 6 N., R. 3 W., Also, nonsubstantive changes are child. Individuals for whom an Sec. 9, lots 8 and 9. made to delete provisions that no longer examination has been scheduled are The area described contains 1.42 acres in apply and to simply and clarify other required to report for the examination. Gem County. provisions. (b) Provided that it is otherwise 2. At 9 a.m. on November 13, 1995, Under 5 U.S.C. 553 there is a basis for adequate for rating purposes, any the land described above will be opened dispensing with prior notice and hospital report, or any examination to the operation of the public land laws comment and for dispensing with a 30- report, from any government or private generally, subject to valid existing day delay of the effective date since the institution may be accepted for rating a rights, the provisions of existing interim rule consists of VA policy and claim without further examination. withdrawals, other segregations of is interpretive in nature. However, monetary benefits to a former record, and the requirements of The Secretary hereby certifies that prisoner of war will not be denied applicable law. All valid applications this interim final rule will not have a unless the claimant has been offered a received at or prior to 9 a.m. on significant economic impact on a complete physical examination November 13, 1995, shall be considered substantial number of small entities as conducted at a Department of Veterans as simultaneously filed at that time. they are defined in the Regulatory Affairs hospital or outpatient clinic. Flexibility Act (RFA), 5 U.S.C. 601–612. (c) Provided that it is otherwise Dated: September 15, 1995. The interim final rule would not adequate for rating purposes, a Bob Armstrong, directly affect any small entities. Only statement from a private physician may Assistant Secretary of the Interior. VA beneficiaries could be directly be accepted for rating a claim without [FR Doc. 95–25137 Filed 10–10–95; 8:45 am] affected. Therefore, pursuant to 5 U.S.C. further examination. BILLING CODE 4310±GG±P 605(b), the interim final rule is exempt (Authority: 38 U.S.C. 5107(a)) from the initial and final regulatory flexibility analysis requirements of [FR Doc. 95–25129 Filed 10–10–95; 8:45 am] 43 CFR Public Land Order 7165 sections 603 and 604. BILLING CODE 8320±01±P [AK±932±1430±01; AA±65553] The Catalog of Federal Domestic Assistance program numbers are 64.100, Partial Revocation of Executive Order 64.104, 64,105, 64.106, 64.109, and 64.110. DEPARTMENT OF THE INTERIOR No. 4410, dated April 1, 1926; Alaska List of Subjects in 38 CFR Part 3 Bureau of Land Management AGENCY: Bureau of Land Management, Administrative practice and Interior. procedure, claims, Health care, 43 CFR Public Land Order 7164 ACTION: Public Land Order. Individuals with disabilities, Pensions, Veterans. [ID±943±1430±01; IDI±011668±02] SUMMARY: This order revokes an Executive order insofar as it affects Approved: July 31, 1995. Partial Revocation of Public Land 41.25 acres of public land withdrawn Jesse Brown, Order No. 3398; Idaho for use by the Coast Guard, Department Secretary, Veterans Affairs. AGENCY: Bureau of Land Management, of Transportation, for the Wrangell For the reasons set forth in the Interior. Narrows Lighthouse Reserve. The land preamble, 38 CFR part 3 is amended as ACTION: Public Land Order. is no longer needed for the purpose for follows: which it was withdrawn. Upon SUMMARY: This order revokes a public revocation, the land will be subject to PART 3ÐADJUDICATION land order (PLO) insofar as it affects the terms and conditions of Public Land Subpart AÐPension, Compensation, 1.42 acres of public land withdrawn for Order No. 5180, as amended, and any and Dependency and Indemnity the Bureau of Land Management as a other withdrawal of record. The land Compensation stock driveway. The land is no longer has been and will remain open to needed for this purpose, and the location and entry under the United 1. The authority citation for part 3, revocation is needed to permit disposal States mining laws for metalliferous subpart A continues to read as follows: of land through public sale. This action minerals. Authority: 38 U.S.C. 501(a), unless will open the land to surface entry. The EFFECTIVE DATE: October 11, 1995. otherwise noted. land has been and will remain open to FOR FURTHER INFORMATION CONTACT: Sue mining and mineral leasing. 2. Section 3.326 is revised to read as A. Wolf, BLM Alaska State Office, 222 EFFECTIVE DATE: follows: November 13, 1995. W. 7th Avenue, No. 13, Anchorage, FOR FURTHER INFORMATION CONTACT: Alaska 99513–7599, 907–271–5477. § 3.326 Examinations. Larry R. Lievsay, BLM Idaho State By virtue of the authority vested in For purposes of this section, the term Office, 3380 Americana Terrace, Boise, the Secretary of the Interior by Section examination includes periods of Idaho 83706–2500, 208–384–3166. 204 of the Federal Land Policy and hospital observation when required by By virtue of the authority vested in Management Act of 1976, 43 U.S.C. VA. the Secretary of the Interior by Section 1714 (1988), and by Section 17(d)(1) of (a) Where there is a well-grounded 204 of the Federal Land Policy and the Alaska Native Claims Settlement claim for disability compensation or Management Act of 1976, 43 U.S.C. Act, 43 U.S.C. 1616(d)(1) (1988), it is pension but medical evidence 1714 (1988), it is ordered as follows: ordered as follows: accompanying the claim is not adequate 1. Public Land Order No. 3398, which 1. Executive Order No. 4410, dated for rating purposes, a Department of withdrew public land for the Bureau of April 1, 1926, as amended, which Veterans Affairs examination will be Land Management as a stock driveway, withdrew public land for lighthouse authorized. This paragraph applies to is hereby revoked insofar as it affects the purposes, is hereby revoked insofar as it original and reopened claims as well as following described land: affects the following described land: Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52865
Copper River Meridian PART 1ÐPRACTICE AND 1995, the United States Court of T. 59 S., R. 79 E., partly unsurveyed PROCEDURE Appeals for the District of Columbia Sec. 26, lot 3. Circuit vacated the Commission’s 1. The authority citation for Part 1 The area described contains 41.25 acres. Nondominant Filing Order. The court continues to read as follows: concluded that the Commission’s rule 2. The land described above will be Authority: 47 U.S.C. 151, 154, 303, and permitting domestic nondominant subject to Public Land Order No. 5180, 309(j) unless otherwise noted. carriers to file tariffs containing rates as amended, and will remain withdrawn expressed in any manner of the carrier’s § 1.2110 [Corrected] from all forms of appropriation under choosing, including as a reasonable the public land laws and from location 2. In § 1.2110, paragraph (b)(4)(x)(C) range of rates violates the and entry under the mining laws except should be redesignated as paragraph (c). Communications Act of 1934. The locations for metalliferous minerals. 3. In § 1.2110, paragraph (b)(4)(x)(D) Commission now interprets the court’s should be redesignated as paragraph (d). Dated: September 15, 1995. decision as invalidating only the range 4. In § 1.2110, paragraph (b)(4)(x)(E) of rates provisions adopted in the Bob Armstrong, should be redesignated as paragraph (e). Assistant Secretary of the Interior. Nondominant Filing Order, and Federal Communications Commission. reinstates the other tariff filing rules for [FR Doc. 95–25138 Filed 10–10–95; 8:45 am] William F. Caton, domestic, nondominant common BILLING CODE 4310±JA±P Acting Secretary. carriers adopted in that Order. [FR Doc. 95–25142 Filed 10–10–95; 8:45 am] The Commission denies a petition filed by Ad Hoc Telecommunications BILLING CODE 6712±01±M Users Committee seeking FEDERAL COMMUNICATIONS reconsideration of the one-day notice COMMISSION 47 CFR Parts 43 and 61 period established in the Nondominant 47 CFR Part 1 Filing Order. The Commission [CC Docket No. 93±36; FCC 95±399] dismisses as moot an application for stay, filed by AT&T Communications, Competitive Bidding ProceedingsÐ Tariff Filing Requirements for Designated Entities; Correction pending appellate review of that portion Nondominant Carriers of the Order that authorized domestic, AGENCY: Federal Communications AGENCY: Federal Communications nondominant common carriers to file Commission. Commission. ranges of rates in their tariffs. In light of the court’s ruling on ranges of rates, the ACTION: ACTION: Final rule. Correcting Amendments. Commission dismisses as moot the SUMMARY: By this action, the application for stay. Because no further SUMMARY: This document contains purpose would be served by keeping CC corrections to the final regulations, Commission reinstates those tariff filing requirements adopted in the Docket No. 93–36 open, the Commission which were published August 26, 1994 terminates this proceeding. (59 FR 44293). The regulations related Nondominant Filing Order that were not addressed in the Court of Appeals’ The Commission also amends Section to designated entity provisions in 43.51(a) to incorporate changes to the competitive bidding proceedings. decision vacating that Order. In accordance with the court’s decision, rule made by an erratum to the EFFECTIVE DATE: October 11, 1995. the Commission amends its rules to Nondominant Filing Order, which were not reflected in the Code of Federal FOR FURTHER INFORMATION CONTACT: remove the provision that had permitted domestic, nondominant common Regulations. Finally, the Commission Diane M. Law, Wireless carriers to file tariffs containing rates takes this opportunity to delete Telecommunications Bureau, (202) 418– expressed in a manner of the carrier’s references to forbearance in Section 0660. choosing, including as a reasonable 43.51(b), thereby conforming that SUPPLEMENTARY INFORMATION: range of rates. The Commission also section with earlier court decisions Background denies a petition for partial invalidating the Commission’s reconsideration of the Nondominant forbearance policy. The final regulations that are the Filing Order and dismisses an The full text of this item is available subject of these corrections defined application for stay of a portion of that for inspection and copying during ‘‘designated entities’’ for the purposes of Order as moot. Finally, by this action, normal business hours in the FCC competitive bidding proceedings and the Commission amends its rules to Reference Center (Room 239) of the established preferences for which they delete references to the Commission’s Federal Communications Commission, are eligible. forbearance policy that are inconsistent 1919 M Street, NW., Washington, DC 20554. The complete text of this Need for Correction with earlier court decisions vacating that policy and to implement changes to decision may also be purchased from As published, the final regulations the Nondominant Filing Order, which the Commission’s duplicating contain errors which may prove to be were erroneously omitted from the Code contractor, International Transcription misleading and are in need of of Federal Regulations. Service, Inc., 2100 M Street, NW., Suite 140, Washington, DC 20037, (202) 857– clarification. EFFECTIVE DATE: March 11, 1996. 3800. List of Subjects in 47 CFR Part 1 FOR FURTHER INFORMATION CONTACT: Katherine Schroder, (202) 418–1530. Paperwork Reduction Act Administrative practice and SUPPLEMENTARY INFORMATION: In 1993 Public burden for the collections of procedure, Reporting and recordkeeping the Commission adopted streamlined information is estimated to average 10.5 requirements, Telecommunications. tariff filing requirements for domestic, hours per response, including the time Accordingly, 47 CFR Part 1 is nondominant common carriers in the for reviewing instructions, searching corrected by making the following Nondominant Filing Order, 58 FR existing data sources, gathering and correcting amendments: 44457, August 23, 1993. On January 20, maintaining the data needed, and 52866 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations completing and reviewing the and amendments thereto with respect to recreational opportunities of a collections of information. Send the following: renewable natural resource. comments regarding this burden * * * * * EFFECTIVE DATE: This rule is effective estimate or any other aspect of the (b) If the agreement referred to in this October 11, 1995. collection of information, including section is made other than in writing, a FOR FURTHER INFORMATION CONTACT: suggestion for reducing the burden, to certified statement covering all details Stephen R. Vehrs, Division of Refuges, the Federal Communications thereof must be filed by at least one of U.S. Fish and Wildlife Service, Commission, Records Management the parties to the agreement. Each other Washington, DC 20240; Telephone (703) Branch, Paperwork Reduction Project party to the agreement which is also 358–2029, X–5242. (3060–0540), Washington, DC 20554 subject to these provisions may, in lieu SUPPLEMENTARY INFORMATION: National and to the Office of Management and of also filing a copy of the agreement, wildlife refuges are generally closed to Budget, Paperwork Reduction Project file a certified statement referencing the hunting and sport fishing until opened (3060–0540), Washington, DC 20503. filed document. The Commission may, by rulemaking. The Secretary of the List of Subjects at any time and upon reasonable Interior (Secretary) may open refuge request, require any communication areas to hunting and/or fishing upon a 47 CFR Part 43 common carrier classified as determination that such uses are nondominant, and therefore not subject Communications common carriers, compatible with the purpose(s) for to the provisions of this section, to which the refuge was established. The Reporting and recordkeeping submit the documents referenced in this requirements, Telephone. action must also be in accordance with section. provisions of all laws applicable to the 47 CFR Part 61 * * * * * areas, must be consistent with the principles of sound wildlife Communications common carriers, PART 61ÐTARIFFS management, and must otherwise be in Reporting and recordkeeping the public interest. This rulemaking requirements, Telephone. 3. The authority citation for Part 61 continues to read as follows: opens Cape May National Wildlife Federal Communications Commission. Refuge to big game (white-tailed deer) William F. Caton, Authority: Secs. 1, 4(i), 4(j), 201–205, and hunting. 403 of the Communications Act of 1934, as In the June 9, 1995, issue of the Acting Secretary. amended; 47 U.S.C. 151, 154(i), 154(j), 201– 205, and 403, unless otherwise noted. Federal Register, 60 FR 30686, the Rule Changes Service published a proposed Parts 43 and 61 of Title 47 of the Code § 61.22 [Amended] rulemaking and invited public of Federal Regulations are amended as 4. Section 61.22(b) is amended by comment. All substantive comments follows: removing the second sentence. were reviewed and considered following a 60-day public comment [FR Doc. 95–25144 Filed 10–10–95; 8:45 am] PART 43ÐREPORTS OF period. COMMUNICATION COMMON BILLING CODE 6712±01±M Five organizations provided CARRIERS AND CERTAIN AFFILIATES comments opposing the rule based on the rationale that recreational deer 1. The authority citation for Part 43 DEPARTMENT OF THE INTERIOR hunting was not justified nor continues to read as follows: compatible with the primary purpose Fish and Wildlife Service for which the refuge was established. Authority: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154, unless otherwise 50 CFR Part 32 These comments also indicated an noted. Interpret or apply secs. 211, 219, 220, opinion that the Service failed to show 48 Stat. 1073, 1077, as amended; 47 U.S.C. RIN 1018±AD03 adequate evidence that the proposed 211, 219, 220. reduction of deer numbers through Addition of Cape May National Wildlife hunting is based on solid scientific 2. Section 43.51 is amended by Refuge to the List of Open Areas for evidence, and that alternative herd revising paragraph (a) introductory text Hunting in New Jersey reduction methods were considered. and paragraph (b) to read as follows: AGENCY: Fish and Wildlife Service, Comments further indicated that an § 43.51 Contracts and concessions. Interior. explanation was not presented that ACTION: Final rule. hunting could de-stabilize this deer (a) Any communications common herd and cause a compensatory rebound carrier that: is engaged in domestic SUMMARY: The U.S. Fish and Wildlife of offspring within the hunted communications and has not been Service (Service) adds Cape May population, and that the majority of the classified as nondominant pursuant to National Wildlife Refuge to the list of public is opposed to hunting on § 61.3 of this chapter or is engaged in areas open for big game hunting in New national wildlife refuges. foreign communications, and enters into Jersey along with pertinent refuge- The Refuge Manager conducted a a contract with another carrier, specific regulations for such activities. compatibility determination, on behalf including an operating agreement with The Service has determined that such of the Service, of the feasibility of deer a communications entity in a foreign use will be compatible with the hunting being applied as a management point for the provision of a common purposes for which the refuge was tool to control the refuge white-tailed carrier service between the United established. The Service has further deer population as well as to provide a States and that point; must file with the determined that this action is in quality wildlife dependent recreational Commission, within thirty (30) days of accordance with the provisions of all opportunity for deer hunters. The execution, a copy of each contract, applicable laws, is consistent with Manager’s documented findings within agreement, concession, license, principles of sound wildlife the compatibility determination as well authorization, operating agreement or management, and is otherwise in the as within the environmental assessment other arrangement to which it is a party public interest by providing additional were as follows: 1. the proposed white- Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52867 tailed deer hunt was indeed compatible System (Refuge System) for any purchased approximately 6,700 acres of with the major purposes for which the purpose, including but not limited to the acquisition area. The refuge is refuge was established; 2. the proposed hunting, fishing, public recreation and located in the Townships of Middle, hunt was within the policy guidelines of accommodations, and access, when the Dennis and Upper in Cape May County, the Service to be applied as both a herd Secretary determines that such uses are New Jersey. The refuge is divided into management tool, and as a method to compatible with the purposes for which the Great Cedar Swamp Division and provide recreational opportunities for each refuge was established. The the Delaware Bay Division. Both are deer hunters; and that, 3. abundant Service administers the Refuge System approximately equal in size. The scientific evidence exists which on behalf of the Secretary. The RRA topography of the refuge is typical of the concludes that the recreational hunting gives the Secretary additional authority coastal areas of New Jersey, where of deer as a harvest technique is indeed to administer refuge areas within the uplands taper gradually to a wide band a biologically sound practice, which Refuge System for public recreation as of saltmarsh. There are 22 major could be expected to produce and an appropriate incidental or secondary vegetation types found on the refuge. sustain a healthy refuge white-tailed use only to the extent that it is These communities include mixed deer herd. practicable and not inconsistent with hardwood swamps, oak/pine forests, Substantive comments were also the primary purposes for which the Atlantic white cedar swamps, and received referencing the environmental refuges were established. estuarine communities dominated by assessment completed for this hunt Opening Package Spartina patens, and saltmarsh proposal, and that alternative number cordgrass. two, which parallels the program In preparation for this opening, the The unique configuration and outlined in this final rule, provides for refuge unit has included in its location of Cape May attracts flocks of wildlife-dependent recreation while ‘‘openings package’’ for Regional review raptors, songbirds and woodcock. The and approval from the Washington effectively protecting and controlling refuge supports a variety of animal life, Office the following documents: A deer populations within the refuge. including approximately 317 species of hunting/fishing plan; an environmental Other comments supported hunting as a birds, 42 species of mammals, 55 assessment; a Finding of No Significant management tool to control deer species of reptiles and amphibians, and Impact (FONSI); a Section 7 evaluation depredations on private land numerous species of fish, shellfish, and or statement, pursuant to the surrounding the refuge. other invertebrates. Furbearers of The Service selects the alternative Endangered Species Act, that these economic importance inhabiting the herd management method as proposed openings are not likely to adversely area include otter, muskrat, and in the Refuge Environmental affect a listed species or critical habitat; raccoon. Small mammals such as Assessment and as adopted and a letter of concurrence from the affected shorttail shrews and white-footed mice presented in the final rule. Recreational States; and refuge-specific regulations to are common in upland fields and shrub deer hunting is a biologically sound administer the hunts. From a review of habitat. Gray and red foxes are also management technique that provides the totality of these documents, the the best herd management and Secretary has determined that the common. depredation control. opening of the Cape May National State deer biologists estimate a deer This rule will be final upon Wildlife Refuge to big game hunting is density of approximately 18 deer per publication. Consideration was given to compatible with the principles of sound square mile in Cape May County’s Deer delaying this final rule for a 30-day wildlife management and will otherwise Management Zone (DMZ) 34, of which period, however, it was determined by be in the public interest. the refuge is a part. The deer population the Service that any further delay in the In accordance with the NWRSAA and has increased since 1981 with a implementation of this refuge-specific the RRA, the Secretary has also corresponding increase in farmer regulation will hinder the effective determined that this opening for big complaints. The number of complaints planning and administration of the game hunting is compatible and has risen from 4 in 1990 to 12 in 1993. hunt. Public comment was received on consistent with the primary purposes Crop depredation permitted kills have this proposal during the Environmental for which the refuge was established. increased from 9 in 1990 to 36 in 1993. Assessment planning phase as well as The Secretary has also determined that In order to address the below average the 60 day comment period for this rule. funds are available to administer the herd health indices, and to reduce deer A delay of an additional 30-days would programs. A brief description of the complaints in DMZ 34, the short-term specifically jeopardize holding the hunt hunting program is as follows: goal of the New Jersey Division of Fish, this year, or shorten its duration and Game and Wildlife is to reduce the herd Cape May National Wildlife Refuge thereby lessen the herd management by approximately 20 percent. There are effectiveness of this regulation. The Cape May National Wildlife no data on the number of hunters who Therefore, the Service finds good cause Refuge was established administratively have used the area within the refuge to make this rule effective upon on January 20, 1989, under the authority acquisition area in the past. However, publication (5 U.S.C. 553 (d)(3)). of the Fish and Wildlife Act of 1956 (16 the refuge estimates the annual U.S.C. 742a–742j; 70 Stat. 1119), as visitation for deer hunting is less than Statutory Authority amended. The broad purposes of the 500 visits. Based on refuge law The National Wildlife Refuge System refuge are for the development, enforcement officers’ observation during Administration Act of 1966, as amended advancement, management, the past two firearms deer hunting (NWRSAA) (16 U.S.C. 668dd), and the conservation, and protection of fish and seasons, hunting pressure on private Refuge Recreation Act of 1962 (RRA) (16 wildlife resources and for the benefit of land surrounding the refuge is low. U.S.C. 460k) govern the administration the United States Fish and Wildlife The sport hunting program will be and public use of national wildlife Service, in performing its activities and monitored by refuge personnel, and refuges. Specifically, Section 4(d)(1)(A) services. There are approximately conducted according to New Jersey of the NWRSAA authorizes the 16,700 acres within the approved refuge Department of Environmental Secretary to permit the use of any areas acquisition boundary. The Fish and Protection, Division of Fish, Game and within the National Wildlife Refuge Wildlife Service (Service) has already Wildlife deer hunt regulations. 52868 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Opening the refuge to big game gathering and maintaining data, and Primary Author hunting has been found to be completing the form. Direct comments compatible in a separate compatibility on the burden estimate or any other Stephen R. Vehrs, Division of Refuges, determination. The hunting program aspect of this form to the Service U.S. Fish and Wildlife Service, will be reviewed annually to ensure that Information Collection Officer, U.S. Fish Washington, DC, is the primary author a harvestable surplus of animals exist, and Wildlife Service, 1849 C Street, of this final rulemaking document. and that sensitive habitats are protected NW., MS 224 ARLSQ, Washington, DC List of Subjects in 50 CFR Part 32 from disturbance. A Section 7 20240; and the Office of Management evaluation pursuant to the Endangered and Budget, Paperwork Reduction Hunting, Fishing, Reporting and Species Act was conducted. It was Project (1018–0014), Washington, DC recordkeeping requirements, Wildlife, determined that the proposed action is 20503. and Wildlife Refuges. not likely to adversely affect any Economic Effect Accordingly, Part 32 of chapter I of Federally listed or proposed for listing Title 50 of the Code of Federal This rulemaking was not subject to threatened or endangered species or Regulations is amended as set forth Office of Management and Budget their critical habitats. Pursuant to the below: National Environmental Policy Act review under Executive Order 12866. In (NEPA), an environmental assessment addition, a review under the Regulatory PART 32Ð[AMENDED] was made and a Finding of No Flexibility Act of 1980 (5 U.S.C. 601 et Significant Impact (FONSI) was made seq.) has revealed that the rulemaking 1. The authority citation for Part 32 regarding the hunt. During the would not appreciably increase hunter continues to read as follows: visitation to the surrounding area of the preparation of the environmental Authority: 5 U.S.C. 301; 16 U.S.C. 460k, assessment, biologists and management refuge before, during or after the hunt, 664, 668dd, and 715i. personnel within the New Jersey since most hunters were already from Division of Fish, Game and Wildlife the local area. Therefore, the rulemaking § 32.7 [Amended] would not have a significant effect on were consulted. Comments were 2. Section 32.7 List of refuge units the substantial number of small entities, solicited from the public during the open to hunting and/or fishing is such as businesses, organizations and draft environmental assessment phase. amended by adding the alphabetical governmental jurisdictions in the area. Articles on this assessment were carried listing of ‘‘Cape May National Wildlife in the local newspapers and sent to Federalism Refuge’’ under the state of New Jersey. Federal, State and local legislators and conservation groups. This proposed rule will not have 3. Section 32.49 New Jersey is The Service has determined that there substantial direct effects on the States, amended by adding the alphabetical would be sufficient funds to administer on the relationship between the national listing of Cape May National Wildlife the proposed hunt. Sufficient funds government and the States, or on the Refuge to read as follows: would be available within the refuge distribution of power and * * * * * unit budget to operate such a hunt as responsibilities among the various § 32.49 New Jersey. proposed. levels of government. Therefore, in accordance with Executive Order 12612, * * * * * Paperwork Reduction Act it is determined that this rule does not Cape May National Wildlife Refuge The information collection have sufficient Federalism implications requirements for Part 32 are found in 50 A. Hunting of Migratory Game Birds. to warrant the preparation of a [Reserved.] CFR part 25 and have been approved by Federalism Assessment. B. Upland Game Hunting. [Reserved.] the Office of Management and Budget Environmental Considerations C. Big Game Hunting. Hunting of white- under 44 U.S.C. 3501 et seq. and tailed deer is permitted on designated areas assigned clearance number 1018–0014. Pursuant to the requirements of of the refuge subject to the following The information is being collected to section 102(2)(C) of the National condition: During the firearms big game assist the Service in administering these Environmental Policy Act of 1969 (42 season, hunters must wear, in a conspicuous programs in accordance with statutory U.S.C. 4332(2)(C)), an environmental manner on head, chest and back, a minimum authorities which require that assessment has been prepared for this of 400 square inches of solid-colored hunter recreational uses be compatible with the opening. Based upon the Environmental orange clothing or material. D. Sport Fishing. [Reserved.] primary purposes for which the areas Assessment, the Service issued a were established. The information Finding of No Significant Impact with * * * * * requested in the application form is respect to the opening. A Section 7 Dated: September 25, 1995. required to obtain a benefit. evaluation was prepared pursuant to the George T. Frampton, Jr., The public reporting burden for the Endangered Species Act with a finding Assistant Secretary for Fish and Wildlife and application form is estimated to average that no adverse impact would occur to Parks. six (6) minutes per response, including any identified threatened or endangered [FR Doc. 95–25146 Filed 10–10–95; 8:45 am] time for reviewing instructions, species. BILLING CODE 4310±55±M 52869
Proposed Rules Federal Register Vol. 60, No. 196
Wednesday, October 11, 1995
This section of the FEDERAL REGISTER sections 556 and 557 of title 5 of the under the order that no longer need to contains notices to the public of the proposed United States Code and is therefore be covered in order to effectuate the issuance of rules and regulations. The excluded from the requirements of declared policy of the Act. Evidence purpose of these notices is to give interested Executive Order 12866. The hearing is will also be collected to determine if the persons an opportunity to participate in the called pursuant to the provisions of the order covers the smallest regional rule making prior to the adoption of the final rules. Agricultural Marketing Agreement Act production area practicable, consistent of 1937 (Act), as amended (7 U.S.C. with carrying out the policy of the Act. 601–674), and the applicable rules of The public hearing is being held DEPARTMENT OF AGRICULTURE practice and procedure governing the solely for the purpose of: (i) Receiving formulation of marketing agreements evidence about the economic and Agricultural Marketing Service and orders (7 CFR part 900). marketing conditions which relate to the The Regulatory Flexibility Act (95 composition of the regulated area under 7 CFR Part 985 U.S.C. 601 et seq.) seeks to ensure that the order; (ii) determining whether there [Docket No. AO±79±2; FV95±985±4] within the statutory authority of a is a need to amend the order; and (iii) program, the regulatory and determining if amendment will tend to Spearmint Oil Produced in the Far informational requirements are tailored effectuate the declared policy of the Act. West; Hearing on Proposed to the size and nature of small The major area in which USDA is Amendment of Marketing Order No. businesses. Interested persons are seeking evidence includes the 985 invited to present evidence at the following: hearing on the possible regulatory and AGENCY: Agricultural Marketing Service, informational impact of the proposal on Should portions of the production USDA. small businesses. area with no historic record of ACTION: Notice of public hearing on The notice of hearing herein has been commercial production of spearmint oil proposed rulemaking. reviewed under Executive Order 12778, continue to be regulated under the order? SUMMARY: Notice is hereby given of a Civil Justice Reform. It is not intended public hearing to consider amending to have retroactive effect. The notice of Specifically, evidence is needed to Marketing Order No. 985 (order). The hearing would not preempt any State or determine if California and Montana order regulates the handling of local laws, regulations, or policies, should continue to be regulated under spearmint oil grown in the Far West. unless they present an irreconcilable the order and whether the ‘‘Production The purpose of the hearing is to receive conflict with this notice to consider an Area’’ as defined under the order evidence on a proposal to amend amendment. constitutes the smallest practicable area provisions of the order. The Department The Act provides that administrative to be regulated. of Agriculture (Department) is proceedings must be exhausted before Everyone having an interest in this proposing this action to determine if parties may file suit in court. Under matter is invited to testify. Persons portions of both the States of California section 608c(15)(A) of the Act, any wishing to submit written material as and Montana should continue to be handler subject to an order may file evidence at the hearing should submit at regulated under the order. with the Secretary a petition stating that least four copies of such material and the order, any provision of the order, or DATES: should be present at the hearing to The hearing will begin at 9 a.m. any obligation imposed in connection in Spokane, Washington, on November present oral testimony concerning the with the order is not in accordance with material. 14, 1995. An additional session will be law and requesting a modification of the Department employees involved in held on November 15, 1995, beginning order or to be exempted therefrom. A the decisional process are prohibited at 9 a.m., if necessary. handler is afforded the opportunity for from discussing the merits of the ADDRESSES: The hearing will be held at a hearing on the petition. After the hearing issues on an ex parte basis with Crescent Court, 707 W. Main, 3rd floor, hearing, the Secretary would rule on the any person having an interest in the Spokane, Washington 99201. petition. The Act provides that the proceeding. The prohibition applies to FOR FURTHER INFORMATION CONTACT: district court of the United States in any employees in the following Caroline C. Thorpe, Marketing district in which the handler is an organizational units: Office of the Specialist, Marketing Order inhabitant, or has his or her principal Secretary of Agriculture; Office of the Administration Branch, Fruit and place of business, has jurisdiction in Administrator, Agricultural Marketing Vegetable Division, AMS, USDA, Room equity to review the Secretary’s ruling Service; Office of the General Counsel, 2523–S., P.O. Box 96456, Washington, on the petition, provided a bill in equity and the Fruit and Vegetable Division, DC 20090–6456; telephone: (202) 720– is filed not later than 20 days after the Agricultural Marketing Service. 5127 or FAX (202) 720–5698; or Robert date of the entry of the ruling. Curry, Marketing Specialist, Northwest The Department is proposing to Procedural matters are not subject to Marketing Field Office, Fruit and reexamine § 985.5 ‘‘Production Area’’ the above prohibition and may be Vegetable Division, AMS, USDA, 1220 under the order to determine if portions discussed at any time. S.W. Third Avenue, room 369, Portland, of California and Montana should Testimony is invited on the following OR 97204–2807; telephone: (509) 326– continue to be regulated. This would proposal or appropriate alternatives or 2724 or FAX (509) 326–7440. require revision of the definition of modifications to such a proposal. The SUPPLEMENTARY INFORMATION: This ‘‘Production Area’’ in the order to proposal being submitted by the USDA action is governed by the provisions of eliminate areas currently regulated is as follows: 52870 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules
Proposal p.m., Monday through Friday, except 9082 (59 FR 60891, November 29, 1994), Federal holidays. applicable to certain Jetstream Model § 985.5 Production area. The service information referenced in 4101 airplanes, to require repetitive Production area means all the area the proposed rule may be obtained from inspections to detect damage to the within the States of Washington, Idaho, Jetstream Aircraft, Inc., P.O. Box 16029, overwing fairings, and replacement or Oregon, and that portion of Nevada Dulles International Airport, repair of structurally damaged fairings. north of the 37th parallel and that Washington, DC 20041–6029. This That AD was prompted by a report that portion of Utah west of the 111th information may be examined at the an overwing fairing detached from an meridian. The area shall be divided into FAA, Transport Airplane Directorate, airplane. The actions specified by that the following districts: 1601 Lind Avenue, SW., Renton, AD are intended to prevent reduced (a) District 1. State of Washington. Washington. controllability of the airplane due to (b) District 2. The State of Idaho and FOR FURTHER INFORMATION CONTACT: loss of an overwing fairing. that portion of the States of Nevada and William Schroeder, Aerospace Engineer, Since the issuance of that AD, the Utah included in the production area. Standardization Branch, ANM–113, manufacturer has developed a (c) District 3. The State of Oregon. FAA, Transport Airplane Directorate, modification which, if installed on the Authority: 7 U.S.C. 601–674. 1601 Lind Avenue, SW., Renton, airplane, will eliminate the need for the Dated: October 4, 1995. Washington 98055–4056; telephone repetitive inspections of the overwing fairings. This modification Lon Hatamiya, (206) 227–2148; fax (206) 227–1320. (Modification No. JM41392) is described Administrator, Agricultural Marketing SUPPLEMENTARY INFORMATION: in Jetstream Alert Service Bulletin J41– Service. Comments Invited 53–031, dated November 22, 1994. It [FR Doc. 95–25121 Filed 10–10–95; 8:45 am] entails the installation of a new fairing BILLING CODE 3410±02±P Interested persons are invited to that has stronger stiffeners and has one participate in the making of the additional stiffener and an access panel. proposed rule by submitting such The Civil Aviation Authority (CAA), DEPARTMENT OF TRANSPORTATION written data, views, or arguments as which is the airworthiness authority for they may desire. Communications shall the United Kingdom, classified this Federal Aviation Administration identify the Rules Docket number and service bulletin as optional. be submitted in triplicate to the address Additionally, Jetstream has issued 14 CFR Part 39 specified above. All communications Alert Service Bulletin J41–53–028, [Docket No. 95±NM±71±AD] received on or before the closing date Revision 2, dated January 17, 1995, for comments, specified above, will be which describes procedures for Airworthiness Directives; Jetstream considered before taking action on the conducting detailed visual inspections Model 4101 Airplanes proposed rule. The proposals contained to detect structural damage (such as in this notice may be changed in light creasing, cracking, or holes) in the left AGENCY: Federal Aviation of the comments received. Administration, DOT. (Part 1) and right (Part 2) overwing Comments are specifically invited on fairings, and repair or replacement of ACTION: Notice of proposed rulemaking the overall regulatory, economic, creased or cracked fairings with new or (NPRM). environmental, and energy aspects of serviceable fairings. Revision 1 of this SUMMARY: This document proposes to the proposed rule. All comments service bulletin was cited in AD 94–24– revise an existing airworthiness submitted will be available, both before 09 as the appropriate source of service directive (AD), applicable to certain and after the closing date for comments, information for performing these Jetstream Model 4101 airplanes, that in the Rules Docket for examination by inspections and repairs. Information currently requires repetitive inspections interested persons. A report contained in Revision 2 of this service to detect damage to the overwing summarizing each FAA-public contact bulletin is essentially the same as that fairings, and replacement or repair of concerned with the substance of this contained in Revision 1; however, the structurally damaged fairings. That AD proposal will be filed in the Rules effectivity listing has been revised to was prompted by a report indicating Docket. indicate that the inspections are that an overwing fairing detached from Commenters wishing the FAA to applicable only to airplanes on which Modification JM41392 has not been an airplane. The actions specified by acknowledge receipt of their comments installed in production or in accordance that AD are intended to prevent reduced submitted in response to this notice with Jetstream Service Bulletin J41–53– controllability of the airplane due to must submit a self-addressed, stamped 031. The CAA classified this service loss of an overwing fairing. This action postcard on which the following bulletin as mandatory. would add an optional terminating statement is made: ‘‘Comments to Docket Number 95–NM–71–AD.’’ The This airplane model is manufactured action for the currently required in the United Kingdom and is type inspections, and would limit the postcard will be date stamped and returned to the commenter. certificated for operation in the United applicability of the rule. States under the provisions of section DATES: Comments must be received by Availability of NPRMs 21.29 of the Federal Aviation November 20, 1995. Any person may obtain a copy of this Regulations (14 CFR 21.29) and the ADDRESSES: Submit comments in NPRM by submitting a request to the applicable bilateral airworthiness triplicate to the Federal Aviation FAA, Transport Airplane Directorate, agreement. Pursuant to this bilateral Administration (FAA), Transport ANM–103, Attention: Rules Docket No. airworthiness agreement, the CAA has Airplane Directorate, ANM–103, 95–NM–71–AD, 1601 Lind Avenue, kept the FAA informed of the situation Attention: Rules Docket No. 95–NM– SW., Renton, Washington 98055–4056. described above. The FAA has 71–AD, 1601 Lind Avenue, SW., examined the findings of the CAA, Renton, Washington 98055–4056. Discussion reviewed all available information, and Comments may be inspected at this On November 22, 1994, the FAA determined that AD action is necessary location between 9:00 a.m. and 3:00 issued AD 94–24–09, amendment 39– for products of this type design that are Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52871 certificated for operation in the United rate of $60 per work hour. Required on which Modification JM41392 has not been States. parts would cost approximately $7,300 installed (either during production or in Since an unsafe condition has been per airplane. Based on these figures, the accordance with Jetstream Service Bulletin identified that is likely to exist or total cost impact of this proposed J41–53–031); certificated in any category. develop on other airplanes of the same optional terminating modification on Note 1: This AD applies to each airplane type design registered in the United U.S. operators is estimated to be $8,500 identified in the preceding applicability provision, regardless of whether it has been States, the proposed AD would revise per airplane. otherwise modified, altered, or repaired in AD 94–24–09 to continue to require The regulations proposed herein the area subject to the requirements of this repetitive inspections to detect damage would not have substantial direct effects AD. For airplanes that have been modified, to the overwing fairings, and on the States, on the relationship altered, or repaired so that the performance replacement or repair of structurally between the national government and of the requirements of this AD is affected, the damaged fairings. The proposed AD the States, or on the distribution of owner/operator must use the authority would reference Revision 2 of Jetstream power and responsibilities among the provided in paragraph (c) of this AD to Alert Service Bulletin J41–53–028 as an various levels of government. Therefore, request approval from the FAA. This additional source of service information approval may address either no action, if the in accordance with Executive Order current configuration eliminates the unsafe for performing these required actions. 12612, it is determined that this condition; or different actions necessary to This proposed AD would provide for proposal would not have sufficient address the unsafe condition described in an optional terminating action for the federalism implications to warrant the this AD. Such a request should include an repetitive inspections, consisting of the preparation of a Federalism Assessment. assessment of the effect of the changed installation of Modification JM41392 For the reasons discussed above, I configuration on the unsafe condition (improved wing-to-fuselage fairings). If certify that this proposed regulation (1) addressed by this AD. In no case does the this optional modification is installed, it is not a ‘‘significant regulatory action’’ presence of any modification, alteration, or would be required to be accomplished under Executive Order 12866; (2) is not repair remove any airplane from the in accordance with Jetstream Service a ‘‘significant rule’’ under the DOT applicability of this AD. Bulletin J41–53–031, described Regulatory Policies and Procedures (44 Compliance: Required as indicated, unless previously. The FAA is not proposing to FR 11034, February 26, 1979); and (3) if accomplished previously. mandate the installation of this To prevent reduced controllability of the promulgated, will not have a significant airplane, accomplish the following: modification for several reasons: economic impact, positive or negative, (a) Within 7 days after December 14, 1994 1. The repair of cracked original on a substantial number of small entities (the effective date of AD 94–24–09, fairings in accordance with the under the criteria of the Regulatory amendment 39–9082), perform a detailed procedures specified in Service Bulletin Flexibility Act. A copy of the draft visual inspection to detect structural damage J41–53–028 and the existing AD greatly regulatory evaluation prepared for this (such as creasing, cracking, or holes) to the reduces the probability of additional action is contained in the Rules Docket. left (Part 1) and right (Part 2) overwing cracking. Further, subsequent to such A copy of it may be obtained by fairings, in accordance with Jetstream Alert repair, inspections of the area would contacting the Rules Docket at the Service Bulletin J41–53–028, Revision 1, dated October 12, 1994; or Revision 2, dated continue to be required. location provided under the caption 2. Accessing the wing-to-fuselage January17, 1995. ADDRESSES. (1) If no structural damage is detected, fairing area for inspection is easily List of Subjects in 14 CFR Part 39 repeat the inspection thereafter at intervals accomplished. not to exceed 7 days. 3. The subject damage is easily Air transportation, Aircraft, Aviation (2) If creasing or cracking is detected, prior detectable by means of a visual safety, Safety. to further flight, inspect and repair it, in inspection. accordance with the alert service bulletin. 4. The failure of a fairing may The Proposed Amendment Repeat the inspection thereafter at intervals adversely affect the controllability of the Accordingly, pursuant to the not to exceed 300 hours time-in-service. airplane temporarily; however, it likely authority delegated to me by the Note 2: Jetstream Alert Service Bulletin will not result in catastrophic loss of the Administrator, the Federal Aviation J41–53–028 references British Aerospace airplane. Administration proposes to amend part Public Limited Company Drawing 141R0700, The applicability of the proposed AD 39 of the Federal Aviation Regulations Issue 3, dated September 14, 1994, and British Aerospace Public Limited Company has been revised to include only those (14 CFR part 39) as follows: airplanes on which Modification Drawing 141R0705, Issue 2, dated September JM41392 has not been installed (either 22, 1994, for repair and inspection PART 39ÐAIRWORTHINESS procedures. in production or in accordance with DIRECTIVES Jetstream Service Bulletin J41–53–031). (3) If holes are detected, prior to further The FAA estimates that 14 airplanes 1. The authority citation for part 39 flight, repair in accordance with the Jetstream continues to read as follows: Series 4100 Structural Repair Manual. Repeat of U.S. registry would be affected by this the inspection thereafter at intervals not to proposed AD. Authority: 49 USC 106(g), 40101, 40113, exceed 300 hours time-in-service. The inspections currently required by 44701. (b) Installation of Modification No. AD 94–24–09 take approximately 0.25 JM41392, Parts 1 and 2, in accordance with § 39.13 [Amended] work hour per airplane to accomplish, Jetstream Service Bulletin J41–53–031, dated at an average labor rate of $60 per work 2. Section 39.13 is amended by November 22, 1994, constitutes terminating hour. Based on these figures, the total removing amendment 39–9082 (59 FR action for the inspections required by cost impact of the current inspection 60891, November 29, 1994), and by paragraph (a) of this AD. requirements of this AD on U.S. adding a new airworthiness directive (c) An alternative method of compliance or (AD), to read as follows: adjustment of the compliance time that operators is estimated to be $210, or $15 provides an acceptable level of safety may be per airplane, per inspection. Jetstream Aircraft Limited: Docket 95–NM– used if approved by the Manager, Should an operator elect to install the 71–AD. Revises AD 94–24–09, Standardization Branch, ANM–113, FAA, optional terminating modification, it amendment 39–9082. Transport Airplane Directorate. Operators would take approximately 20 work Applicability: Model 4102 airplanes; shall submit their requests through an hours to accomplish, at an average labor constructor’s number 41004 and subsequent; appropriate FAA Principal Maintenance 52872 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules
Inspector, who may add comments and then ADDRESSES: Submit comments in Availability of NPRMs send it to the Manager, Standardization triplicate to the Federal Aviation Any person may obtain a copy of this Branch, ANM–113. Administration (FAA), Transport Note 3: Information concerning the NPRM by submitting a request to the Airplane Directorate, ANM–103, FAA, Transport Airplane Directorate, existence of approved alternative methods of Attention: Rules Docket No. 95–NM– compliance with this AD, if any, may be ANM–103, Attention: Rules Docket No. obtained from the Standardization Branch, 137–AD, 1601 Lind Avenue, SW., 95–NM–137–AD, 1601 Lind Avenue, ANM–113. Renton, Washington 98055–4056. SW., Renton, Washington 98055–4056. Note 4: Alternative methods of compliance Comments may be inspected at this previously granted for amendment AD 94– location between 9:00 a.m. and 3:00 Discussion 24–09, amendment 39–9082, continue to be p.m., Monday through Friday, except On October 7, 1994, the FAA issued considered as acceptable alternative methods Federal holidays. AD 94–21–07, amendment 39–9049 (59 of compliance with this amendment. FR 52414, October 18, 1994), applicable (d) Special flight permits may be issued in The service information referenced in the proposed rule may be obtained from to all Airbus Model A310 and A300–600 accordance with sections 21.197 and 21.199 series airplanes. That AD requires a of the Federal Aviation Regulations (14 CFR Airbus Industrie, 1 Rond Point Maurice 21.197 and 21.199) to operate the airplane to Bellonte, 31707 Blagnac Cedex, France. revision to the Limitations Section of a location where the requirements of this AD This information may be examined at the FAA-approved Airplane Flight can be accomplished. the FAA, Transport Airplane Manual (AFM) that warns the flight Issued in Renton, Washington, on October Directorate, 1601 Lind Avenue, SW., crew that overriding the autopilot while 4, 1995. Renton, Washington. it is in the COMMAND mode could Darrell M. Pederson, result in a severe out-of-trim condition, FOR FURTHER INFORMATION CONTACT: Acting Manager, Transport Airplane and that overriding the autopilot while Directorate, Aircraft Certification Service. Stephen Slotte, Aerospace Engineer, it is in the pitch axis will not cancel the [FR Doc. 95–25159 Filed 10–10–95; 8:45 am] Flight Test and Systems Branch, ANM– autotrim while it is in the ‘‘land’’ or ‘‘go- 111, FAA, Transport Airplane around’’ configuration. That AD also BILLING CODE 4910±13±U Directorate, 1601 Lind Avenue, SW., requires modification of certain flight Renton, Washington 98055–4056; control computers (FCC) so that the 14 CFR Part 39 telephone (206) 227–2315; fax (206) autopilot will disengage whenever the 227–1149. airplane is in the ‘‘go-around’’ mode [Docket No. 95±NM±137±AD] above a certain airplane altitude. That SUPPLEMENTARY INFORMATION: action was prompted by an accident in Airworthiness Directives; Airbus Model which the flight crew may have A310 and A300±600 Series Airplanes Comments Invited attempted to override the autopilot AGENCY: Federal Aviation Interested persons are invited to while it was engaged in the COMMAND Administration, DOT. participate in the making of the mode, which may have resulted in an ACTION: Notice of proposed rulemaking proposed rule by submitting such out-of-trim condition between the (NPRM). written data, views, or arguments as trimmable horizontal stabilizer and the they may desire. Communications shall elevator. The requirements of that AD SUMMARY: This document proposes the identify the Rules Docket number and are intended to prevent this out-of-trim supersedure of an existing airworthiness be submitted in triplicate to the address condition, which could result in directive (AD), applicable to all Airbus specified above. All communications severely reduced controllability of the Model A310 and A300–600 series received on or before the closing date airplane. airplanes, that currently requires a for comments, specified above, will be Since the issuance of that AD, the revision to the FAA-approved Airplane considered before taking action on the FAA has conducted a review of the Flight Manual (AFM) that warns the proposed rule. The proposals contained requirements of that AD, including the flight crew about certain consequences in this notice may be changed in light language contained in the required AFM associated with overriding the autopilot of the comments received. limitation. The FAA finds that for while it is in the COMMAND mode or airplanes on which modification of the Comments are specifically invited on in the pitch axis. That AD also requires FCC’s has been accomplished, in the overall regulatory, economic, modification of certain flight control accordance with the requirements of the environmental, and energy aspects of computers (FCC). This action would existing AD, the language contained in the proposed rule. All comments require replacement of the currently the AFM limitation does not accurately submitted will be available, both before required revision to the AFM with a reflect the operation and performance of and after the closing date for comments, newly worded revision that explains the the autopilot. Therefore, the FAA has in the Rules Docket for examination by effect the modification of the FCC’s has determined that the language in the interested persons. A report on the operation and performance of the AFM limitation must be revised to state autopilot and that clarifies the summarizing each FAA-public contact more clearly the effects the modification limitation for unmodified airplanes. concerned with the substance of this has on the operation and performance of This proposal is prompted by the results proposal will be filed in the Rules the autopilot when the pilot attempts to of an FAA review of the requirements of Docket. override the autopilot by exerting a the existing AD. The actions specified Commenters wishing the FAA to certain amount of manual force on the by the proposed AD are intended to acknowledge receipt of their comments control column. Furthermore, the FAA prevent an out-of-trim condition submitted in response to this notice finds that language contained in the between the trimmable horizontal must submit a self-addressed, stamped AFM limitation required by that AD stabilizer and the elevator, which could postcard on which the following could be stated more clearly for severely reduce controllability of the statement is made: ‘‘Comments to airplanes on which modification of the airplane. Docket Number 95–NM–137–AD.’’ The FCC’s has not been accomplished. DATES: Comments must be received by postcard will be date stamped and The FAA has determined that these November 20, 1995. returned to the commenter. changes to the language of the AFM Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52873 limitation are necessary to ensure that with the paragraph of each AD that location provided under the caption the flight crew is appropriately advised provides for such approvals. A note has ADDRESSES. of (1) the potential hazard associated been included in this notice to clarify List of Subjects in 14 CFR Part 39 with overriding the autopilot under this long-standing requirement. certain circumstances and with certain There are approximately 15 Model Air transportation, Aircraft, Aviation configurations of the FCC, and (2) the A310 series airplanes and 36 Model safety, Safety. procedures necessary to address it. A300–600 series airplanes of U.S. The Proposed Amendment This airplane model is manufactured registry would be affected by this in France and is type certificated for proposed AD. Accordingly, pursuant to the authority delegated to me by the operation in the United States under the The modification that is currently Administrator, the Federal Aviation provisions of section 21.29 of the required by AD 94–21–07 and retained Administration proposes to amend part Federal Aviation Regulations (14 CFR in this proposal takes approximately 1 39 of the Federal Aviation Regulations 21.29) and the applicable bilateral work hour per airplane to accomplish, (14 CFR part 39) as follows: airworthiness agreement. The FAA has at an average labor rate of $60 per work reviewed all available information, and hour. Required parts will be supplied by determined that AD action is necessary PART 39ÐAIRWORTHINESS the manufacturer at no cost to the DIRECTIVES for products of this type design that are operator. Based on these figures, the certificated for operation in the United total cost impact on U.S. operators of 1. The authority citation for part 39 States. the actions currently required is continues to read as follows: Since an unsafe condition has been estimated to be $3,060, or $60 per identified that is likely to exist or Authority: 49 USC 106(g), 40101, 40113, airplane. 44701. develop on other airplanes of the same The newly revised AFM limitation type design registered in the United that is proposed in this AD action § 39.13 [Amended] States, the proposed AD would would take approximately 1 work hour 2. Section 39.13 is amended by supersede AD 94–21–07 to continue to per airplane to accomplish, at an removing amendment 39–9049 (59 FR require modification of certain FCC’s. average labor rate of $60 per work hour. 52414, October 18, 1994), and by adding This action also requires replacement of Required parts would be nominal in a new airworthiness directive (AD), to the currently required revision to the cost. Based on these figures, the total read as follows: Limitations Section of the FAA- cost impact on U.S. operators of the Airbus Industrie: Docket 95–NM–137–AD. approved AFM with a revised proposed requirements of this AD is Supersedes AD 94–21–07, Amendment limitation. This revised limitation warns 39–9049. the flight crew that overriding the estimated to be $3,060, or $60 per airplane. Applicability: All Model A310 and A300– autopilot while it is in the COMMAND 600 series airplanes, certificated in any mode could result in a severe out-of- The total cost impact figures discussed above are based on category. trim condition, and that overriding the Note 1: This AD applies to each airplane autopilot while it is in the pitch axis assumptions that no operator has yet accomplished any of the current or identified in the preceding applicability will not cancel the autotrim while it is provision, regardless of whether it has been in the ‘‘land’’ or ‘‘go-around’’ proposed requirements of this AD modified, altered, or repaired in the area configuration. action, and that no operator would subject to the requirements of this AD. For This action also revises the language accomplish those actions in the future if airplanes that have been modified, altered, or contained in the AFM limitation for this AD were not adopted. repaired so that the performance of the airplanes on which the modification of The regulations proposed herein requirements of this AD is affected, the the FCC’s has been accomplished. It also would not have substantial direct effects owner/operator must use the authority provided in paragraph (d) of this AD to clarifies the language contained in the on the States, on the relationship between the national government and request approval from the FAA. This AFM limitation for airplanes on which approval may address either no action, if the the modification of the FCC’s has not the States, or on the distribution of current configuration eliminates the unsafe been accomplished. power and responsibilities among the condition; or different actions necessary to This is considered to be interim various levels of government. Therefore, address the unsafe condition described in action until final action is identified, at in accordance with Executive Order this AD. Such a request should include an which time the FAA may consider 12612, it is determined that this assessment of the effect of the changed further rulemaking. proposal would not have sufficient configuration on the unsafe condition As a result of recent communications federalism implications to warrant the addressed by this AD. In no case does the with the Air Transport Association preparation of a Federalism Assessment. presence of any modification, alteration, or repair remove any airplane from the (ATA) of America, the FAA has learned For the reasons discussed above, I applicability of this AD. that, in general, some operators may certify that this proposed regulation (1) Compliance: Required as indicated, unless misunderstand the legal effect of AD’s is not a ‘‘significant regulatory action’’ accomplished previously. on airplanes that are identified in the under Executive Order 12866; (2) is not To prevent an out-of-trim condition applicability provision of the AD, but a ‘‘significant rule’’ under the DOT between the trimmable horizontal stabilizer that have been altered or repaired in the Regulatory Policies and Procedures (44 and the elevator, which may severely reduce area addressed by the AD. The FAA FR 11034, February 26, 1979); and (3) if controllability of the airplane, accomplish points out that all airplanes identified in promulgated, will not have a significant the following: the applicability provision of an AD are economic impact, positive or negative, (a) Within 10 days after the effective date legally subject to the AD. If an airplane on a substantial number of small entities of this AD, revise the Limitations Section of has been altered or repaired in the under the criteria of the Regulatory the FAA-approved Airplane Flight Manual (AFM) to include the information contained affected area in such a way as to affect Flexibility Act. A copy of the draft in paragraph (a)(1) or (a)(2) of this AD, as compliance with the AD, the owner or regulatory evaluation prepared for this applicable. This may be accomplished by operator is required to obtain FAA action is contained in the Rules Docket. inserting a copy of this AD in the AFM. The approval for an alternative method of A copy of it may be obtained by AFM limitation required by AD 94–21–07, compliance with the AD, in accordance contacting the Rules Docket at the amendment 39–9049, may be removed 52874 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules following accomplishment of the Issued in Renton, Washington, on October using a personal computer with a requirements of this paragraph. 4, 1995. modem by dialing (800) 856–3920. To (1) For airplanes on which the flight Darrell M. Pederson, access CIPS, set your communications control computers (FCC) have not been Acting Manager, Transport Airplane modified in accordance with the software to 19200, 14400, 12000, 9600, requirements of paragraph (b) of this AD: Directorate, Aircraft Certification Service. 7200, 4800, 2400 or 1200bps, full ‘‘Overriding the autopilot (AP) in pitch [FR Doc. 95–25161 Filed 10–10–95; 8:45 am] duplex, no parity, 8 data bits and 1 stop axis does not cancel the AP autotrim when BILLING CODE 4910±13±U bit. The full text of this document will LAND TRACK mode [green LAND on both be available on CIPS in ASCII and Flight Mode Annunciators (FMA)] or GO- WordPerfect 5.1 format. The complete AROUND mode is engaged. In these modes, DEPARTMENT OF ENERGY text on diskette in WordPerfect format if the pilot counteracts the AP, the autotrim may also be purchased from the will trim against pilot input. This could lead to a severe out-of-trim situation in a critical Federal Energy Regulatory Commission’s copy contractor, La Dorn phase of flight.’’ Commission Systems Corporation, also located in (2) For airplanes on which the FCC’s have Room 3104, 941 North Capitol Street, been modified in accordance with 18 CFR Part 35 N.E., Washington, D.C. 20426. requirements of paragraph (b) of this AD. [Docket No. RM95±8±000] Please take notice that, for a fee, the ‘‘Overriding the autopilot (AP) in pitch Capitol Connection may broadcast axis does not cancel the AP autotrim when Promoting Wholesale Competition technical conferences in this proceeding LAND TRACK mode (green LAND on both FMA’s) is engaged, or GO-AROUND mode is Through Open Access Non- to interested persons. These technical 1 engaged below 400 feet radio altitude (RA). Discriminatory Transmission Services conferences are: (a) October 26, 1995— In these modes, if the pilot counteracts the by Public Utilities; Notice of Potential Commission technical conference on AP, the autotrim will trim against pilot input. Broadcast of Technical Conferences ancillary services; (b) October 27, This could lead to a severe out-of-trim 1995—staff conference on pro forma situation in a critical phase of flight.’’ October 4, 1995. tariffs; (c) December 5 and 6, 1995— (b) For airplanes equipped with FCC’s AGENCY: Federal Energy Regulatory Commission technical conference on having either part number (P/N) B470ABM1 Commission, DOE. comparability for power pools. Persons (for Model A310 series airplanes) or ACTION: Notice of Potential Broadcast of B470AAM1 (for Model A300–600 series interested in receiving such broadcasts airplanes): Within 60 days after November 2, Technical Conferences. should contact Julia Morelli or Shirley 1994 (the effective date of AD 94–21–07, Al-Jarani at the Capitol Connection SUMMARY: The Federal Energy amendment 39–9049), modify the FCC’s in (703–993–3100) no later than October accordance with Airbus Service Bulletin Regulatory Commission is notifying 12, 1995. persons interested in the Commission’s A310–22–2036, dated December 14, 1993 (for Lois D. Cashell, Model A310 series airplanes), or Airbus technical conferences in the captioned Service Bulletin A300–22–6021, Revision 1, proceeding of the opportunity, for a fee, Secretary. dated December 24, 1993 (for Model A300– to receive the broadcast of the [FR Doc. 95–25170 Filed 10–10–95; 8:45 am] 600 series airplanes), as applicable. conferences. This notice provides BILLING CODE 6717±01±M Note 2: Paragraph (b) of this AD merely interested persons with the necessary restates the requirements of paragraph (b) of information by which they may seek to AD 94–21–07, amendment 39–9049. As receive the broadcast of the conferences. ENVIRONMENTAL PROTECTION allowed by the phrase, ‘‘unless accomplished AGENCY previously,’’ specified in the compliance DATES: Persons interested in the broadcast of the conferences must notify statement of this AD, if those requirements of 40 CFR Part 50 AD 94–24–07 have already been Julia Morelli or Shirley Al-Jarani at the accomplished, this AD does not require that Capitol Connection (703–993–3100) by [AD±FRL±5313±4] those actions be repeated. October 12, 1995. RIN 2060±AC06 (c) As of November 2, 1994 (the effective FOR FURTHER INFORMATION CONTACT: date of AD 94–21–07, amendment 39–9049), no person shall install an FCC having either Richard Armstrong, Office of Electric National Ambient Air Quality P/N B470ABM1 or B470AAM1 on any Power Regulation, 825 North Capitol Standards for Nitrogen Dioxide: airplane. St., N.E., Washington, D.C. 20426, Proposed Decision (d) An alternative method of compliance or (202) 208–0241, (fax) (202) 208–0180 adjustment of the compliance time that Lawrence Anderson, Office of Electric AGENCY: Environmental Protection provides an acceptable level of safety may be Power Regulation, 825 North Capitol Agency (EPA). used if approved by the Manager, Street, N.E., Washington, D.C. 20426, ACTION: Proposed decision. Standardization Branch, ANM–113, FAA, (202) 208–0575, (fax) (202) 208–0180 Transport Airplane Directorate. Operators SUMMARY: The level for both the existing SUPPLEMENTARY INFORMATION: shall submit their requests through an In primary and secondary national ambient appropriate FAA Principal Maintenance addition to publishing the full text of air quality standards (NAAQS) for Inspector, who may add comments and then this document in the Federal Register, nitrogen dioxide (NO ) is 0.053 parts per send it to the Manager, Standardization the Commission also provides all 2 Branch, ANM–113. million (ppm) (100 micrograms per interested persons an opportunity to meter cubed (µg/m3)) annual arithmetic Note 3: Information concerning the inspect or copy the contents of this average. In accordance with the existence of approved alternative methods of document during normal business hours compliance with this AD, if any, may be provisions of sections 108 and 109 of in Room 3104, at 941 North Capitol the Clean Air Act (Act), as amended, the obtained from the Standardization Branch, Street, N.E., Washington, D.C. 20426. ANM–113. EPA has conducted a review of the The Commission Issuance Posting criteria upon which the existing (e) Special flight permits may be issued in System (CIPS), an electronic bulletin accordance with sections 21.197 and 21.199 NAAQS for NO2 are based. The revised of the Federal Aviation Regulations (14 CFR board service, provides access to the 21.197 and 21.199) to operate the airplane to texts of formal documents issued by the 1 The time and place of the technical conferences a location where the requirements of this AD Commission. CIPS is available at no was provided in an earlier notice, issued August 17, can be accomplished. charge to the user and may be accessed 1995. 60 FR 43997 (August 24, 1995). Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52875 criteria are being published Information,’’ (EPA–452/R–95–005, Section 109 (42 U.S.C. 7409) directs simultaneously with the issuance of this September 1995) are available from: the Administrator to propose and proposed decision. After evaluating the U.S. Department of Commerce, National promulgate ‘‘primary’’ and ‘‘secondary’’ revised health and welfare criteria, Technical Information Service, 5285 NAAQS for pollutants identified under under section 109(d)(1) of the Act, the Port Royal Road, Springfield, Virginia section 108. Section 109(b)(1) defines a Administrator has determined that it is 22161, or call 1–800–553–6847 (a primary standard as one ‘‘the attainment not appropriate to propose any revisions handling charge will be added to each and maintenance of which, in the to the primary and secondary NAAQS order). Other documents generated in judgment of the Administrator, based on for NO2 at this time. connection with this standard review, the criteria and allowing an adequate DATES: Comments. Written comments such as air quality analyses and relevant margin of safety, (is) requisite to protect on this proposal must be received on or scientific literature, are available in the the public health.’’ A secondary before January 9, 1996. EPA docket identified above. standard, as defined in section Public Hearing. Persons wishing to The contents of this action are listed 109(b)(2), must ‘‘specify a level of air present oral testimony pertaining to this in the following outline: quality the attainment and maintenance proposal should contact EPA at the I. Background of which, in the judgment of the address below by October 26, 1995. If A. Legislative Requirements Administrator, based on (the) criteria, is anyone contacts EPA requesting to 1. The Standards requisite to protect the public welfare speak at a public hearing, a separate 2. Related Control Requirements from any known or anticipated adverse notice will be published announcing the B. Existing Standards for Nitrogen Dioxide effects associated with the presence of date, time, and place where the hearing C. Review of Air Quality Criteria and (the) pollutant in the ambient air.’’ will be held. Standards for Oxides of Nitrogen Welfare effects as defined in section D. Decision Docket ADDRESSES: Comments on this proposed 302(h) (42 U.S.C. 7602(h)) include, but E. Litigation are not limited to, ‘‘effects on soils, action should be sent in duplicate to: II. Rationale for Proposed Decision U.S. Environmental Protection Agency, A. The Primary Standard water, crops, vegetation, manmade Air and Radiation Docket and 1. Basis for the Existing Standard materials, animals, wildlife, weather, Information Center (6102), Room M– 2. Proposed Decision on the Primary visibility and climate, damage to and 1500, 401 M Street, SW, Washington, Standard deterioration of property, and hazards to DC 20460, ATTN: Docket No. A–93–06. a. Sensitive Populations Affected transportation, as well as effects on The docket, which contains materials b. Health Effects of Concern economic values and on personal relevant to this proposed decision, is c. Air Quality Considerations comfort and well-being.’’ d. Proposed Decision on the Primary available for public inspection and The U.S. Court of Appeals for the Standard District of Columbia Circuit has held copying (a reasonable fee may be B. The Secondary Standard charged) weekdays between 8:00 a.m. that the requirement for an adequate 1. Direct Effects of Nitrogen Dioxide margin of safety for primary standards and 5:30 p.m. in the Central Docket a. Vegetation was intended to address uncertainties Section (CDS) of EPA, South Conference b. Materials associated with inconclusive scientific Center, Room M–1500, telephone (202) c. Conclusions Concerning Direct Effects and technical information available at 260–7548. on Vegetation and Materials Public Hearing. Persons wishing to d. Other Related Effects of Nitrogen the time of standard setting. It was also present oral testimony pertaining to this Dioxide intended to provide a reasonable degree 2. Nitrogen Deposition of protection against hazards that proposal should notify Ms. Chebryll C. a. Terrestrial/Wetland Edwards, U.S. Environmental Protection research has not yet identified (Lead b. Aquatic Industries Association v. EPA, 647 F.2d Agency, Office of Air Quality Planning 3. Direct Toxic Effects of Ammonia Standards, Air Quality Strategies and 1130, 1154 (D.C. Cir. 1980), cert. denied, Deposition to Aquatic Systems 101 S. Ct. 621 (1980); American Standards Division, Health Effects and 4. Proposed Decision on the Secondary Petroleum Institute v. Costle, 665 F.2d Standards Group (MD–15), Research Standard 1176, 1177 (D.C. Cir. 1981), cert. denied, Triangle Park, NC 27711, telephone III. Miscellaneous 102 S. Ct. 1737 (1982)). Both kinds of number (919) 541–5428. A. Executive Order 12866 B. Regulatory Flexibility Analysis uncertainties are components of the risk FOR FURTHER INFORMATION CONTACT: Ms. C. Impact on Reporting Requirements associated with pollution at levels Chebryll C. Edwards, U.S. D. Unfunded Mandates Reform Act below those at which human health Environmental Protection Agency, effects can be said to occur with I. Background Office of Air Quality Planning and reasonable scientific certainty. Thus, by Standards, Air Quality Strategies and A. Legislative Requirements selecting primary standards that provide Standards Division (MD–15), Research an adequate margin of safety, the 1. The Standards Triangle Park, NC 27711, telephone Administrator is seeking not only to (919) 541–5428. Two sections of the Act govern the prevent pollution levels that have been SUPPLEMENTARY INFORMATION: establishment and revision of NAAQS. demonstrated to be harmful but also to Availability of Related Information. The Section 108 (42 U.S.C. 7408) directs the prevent lower pollutant levels that may revised criteria document, ‘‘Air Quality Administrator to identify pollutants pose an unacceptable risk of harm, even Criteria for Oxides of Nitrogen’’ (three which ‘‘may reasonably be anticipated if the risk is not precisely identified as volumes, EPA–600/8–91/049aF–cF, to endanger public health and welfare’’ to nature or degree. August 1993: Volume I, NTIS and to issue air quality criteria for them. In selecting a margin of safety, the # PB95124533, $52.00; Volume II, NTIS These air quality criteria are to EPA considers such factors as the nature # PB124525, $77.00; Volume III, NTIS ‘‘accurately reflect the latest scientific and severity of the health effects # PB95124517, $77.00), and the final knowledge useful in indicating the kind involved, the size of the sensitive revised OAQPS Staff Paper, ‘‘Review of and extent of all identifiable effects on population(s) at risk, and the kind and the National Ambient Air Quality public health or welfare which may be degree of the uncertainties that must be Standards for Nitrogen Oxides: expected from the presence of [a] addressed. Given that the ‘‘margin of Assessment of Scientific and Technical pollutant in the ambient air * * *.’’ safety’’ requirement by definition only 52876 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules comes into play where no conclusive B. Existing Standards for Nitrogen Quality Criteria Document, the EPA showing of adverse effects exists, such Dioxide provided a number of opportunities for factors, which involve unknown or only The principal focus of this standard external review and comment. The partially quantified risks, have their review is the health and welfare effects Clean Air Scientific Advisory Committee (CASAC) of the EPA Science inherent limits as guides to action. The associated with exposure to NO2 and selection of any numerical value to other oxides of nitrogen. Nitrogen Advisory Board held meetings in 1979 provide an adequate margin of safety is dioxide is a brownish, highly reactive and 1980 before providing written a policy choice left specifically to the gas which is formed in the ambient air closure on the revised criteria document Administrator’s judgment (Lead through the oxidation of nitric oxide in June 1981 (Friedlander, 1981). This process resulted in the production of the Industries Association v. EPA, supra, (NO). Nitrogen oxides (NOX), the term revised 1982 document, ‘‘Air Quality 647 F.2d at 1161–62). used to describe the sum of NO and Criteria for Oxides of Nitrogen’’ (U.S. NO , play a major role in the formation Section 109(d)(1) of the Act requires 2 EPA, 1982a). that ‘‘not later than December 31, 1980, of ozone in the atmosphere through a A staff paper, which identified critical complex series of reactions with volatile and at 5-year intervals thereafter, the issues and summarized staff organic compounds. A variety of NO Administrator shall complete a X interpretation of key studies, received compounds and their transformation thorough review of the criteria verbal closure at a CASAC meeting in products occur both naturally and as a published under section 108 and the November 1981 and formal written result of human activities. closure in July 1982 (Friedlander, 1982). national ambient air quality standards Anthropogenic (i.e., man-made) sources ** * and shall make such revisions in In the Staff Paper (U.S. EPA, 1982), staff of NOX emissions account for a large such criteria and standards * * * as recommended that the Administrator majority of all nitrogen inputs to the select an annual standard ‘‘at some level may be appropriate * * *.’’ Section environment. The major sources of 109(d)(2) (A) and (B) requires that a between 0.05 ppm and 0.08 ppm.’’ anthropogenic NOX emissions are Based on the analysis of the criteria, scientific review committee be mobile sources and electric utilities. staff concluded that choosing an annual appointed and provides that the Ammonia and other nitrogen standard within this range would committee ‘‘shall complete a review of compounds produced naturally do play ‘‘provide a reasonable level of the criteria * * * and the national a role in the cycling of nitrogen through protection against potential short-term primary and secondary ambient air the ecosystem. peaks.’’ quality standards * * * and shall At elevated concentrations, NO2 can On February 23, 1984, the EPA recommend to the Administrator any adversely affect human health, proposed to retain both the annual ** * revisions of existing criteria and vegetation, materials, and visibility. primary and secondary standards at standards as may be appropriate Nitrogen oxide compounds also 0.053 ppm annual average and to defer * * *.’’ contribute to increased rates of acidic action on the possible need for a deposition. Typical peak annual average The process by which the EPA has separate short-term primary standard ambient concentrations of NO2 range until further research on health effects reviewed the existing air quality criteria from 0.007 to 0.061 ppm (‘‘Air Quality and standards for NO under section of acute exposures to NO2 could be 2 Criteria for Oxides of Nitrogen,’’ conducted (49 FR 6866). The CASAC 109(d) is described later in this notice. (Criteria Document or CD), U.S. EPA, met to consider the Agency’s proposal 2. Related Control Requirements 1993, p. 7–10). The highest hourly NO2 on July 19–20, 1984. In an October 18, average concentrations range from 0.04 1984 closure letter based on weight of States are primarily responsible for to 0.54 ppm (CD, 1993, p. 7–10). evidence, CASAC concurred with the ensuring attainment and maintenance of Currently, all areas of the U.S., Agency’s recommendation to retain the ambient air quality standards. Under including Los Angeles (which is the annual average primary and secondary title I of the Act (42 U.S.C. 7410), States only area to record violations in the last standards at 0.053 ppm (Lippmann, are to submit, for EPA approval, State decade), are in attainment of the annual 1984). The CASAC further concluded implementation plans (SIP’s) that NO2 NAAQS of 0.053 ppm. The origins, that, ‘‘while short-term effects from provide for the attainment and concentrations, and effects of NO2 are nitrogen dioxide are documented in the maintenance of such standards through discussed in detail in the ‘‘Review of scientific literature, the available control programs directed to sources of National Ambient Air Quality Standards information was insufficient to provide the pollutants involved. The States, in for Nitrogen Dioxide: Assessment of an adequate scientific basis for conjunction with the EPA, also Scientific and Technical Information,’’ establishing any specific short-term administer the prevention of significant (Staff Paper or SP) (SP, U.S. EPA, 1995) standard * * *.’’ After taking into deterioration program (42 U.S.C. 7470– and in the revised Criteria Document account public comments, the final (CD, 1993). 7479) for these pollutants. In addition, decision to retain the NAAQS for NO2 On April 30, 1971, under section 109 Federal programs provide for was published by EPA in the Federal of the Act, EPA promulgated identical Register on June 19, 1985 (50 FR 25532). nationwide reductions in emissions of primary and secondary NAAQS for NO2 these and other air pollutants through at 0.053 ppm annual average (36 FR C. Review of Air Quality Criteria and the Federal Motor Vehicle Control 8186). The scientific and medical bases Standards for Oxides of Nitrogen Program under title II of the Act (42 for these standards are contained in the On July 22, 1987, in response to U.S.C. 7521–7574), which involves original criteria document, ‘‘Air Quality requirements of section 109(d) of the controls for automobile, truck, bus, Criteria for Nitrogen Oxides,’’ (CD, Act, the EPA announced that it was motorcycle, and aircraft emissions; the 1971). undertaking plans to revise the 1982 Air new source performance standards On December 12, 1978 (43 FR 58117), Quality Criteria Document for Oxides of under section 111 (42 U.S.C. 7411); and the EPA announced the first review and Nitrogen (52 FR 27580). The EPA held the national emission standards for update of the 1971 NO2 criteria in public workshops in July 1990 to hazardous air pollutants under section accordance with section 109(d)(1) of the evaluate the scientific data being 112 (42 U.S.C. 7412). Act as amended. In preparing the Air considered for integration into the CD. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52877
In November 1991, the EPA released the requiring the EPA Administrator to Individuals in these groups appear to be revised CD for public review and publish a Federal Register notice affected by lower levels of NO2 than comment (56 FR 59285). announcing her decision on whether or individuals in the rest of the population. The revised CD provides a not to propose any modification of the Both the 1993 CD and the 1995 Staff comprehensive assessment of the NAAQS for NO2 by October 2, 1995. Paper support the hypothesis that those available scientific and technical The order also requires the with pre-existing respiratory disease information on health and welfare Administrator to sign a notice to be have an enhanced susceptibility from effects associated with NO2 and NOX. published in the Federal Register exposure to NO2. Since these The CASAC reviewed the CD at a announcing the final decision whether individuals live with reduced meeting held on July 1, 1993 and or not to modify the NO2 NAAQS by ventilatory reserves, any reductions in concluded in a closure letter to the October 1, 1996. pulmonary function caused by exposure Administrator that the CD ‘‘* ** to NO2 have the potential to further provides a scientifically balanced and II. Rationale for Proposed Decision compromise their ventilatory capacity. defensible summary of current A. The Primary Standard Compared to healthy individuals with knowledge of the effects of this normal ventilatory reserves who may pollutant and provides an adequate 1. Basis for the Existing Standard not notice small reductions in lung basis for EPA to make a decision as to The current primary NAAQS for NO2 function, those with pre-existing µ 3 the appropriate NAAQS for NO2’’ is 0.053 ppm (100 g/m ), averaged over respiratory disease may be prevented (Wolff, 1993). 1 year. In selecting the level for the from continuing normal activity In the summer of 1995, the Office of current standard, the Administrator following exposure to NO2. Air Quality Planning and Standards made judgments regarding the lowest Asthmatic individuals are considered (OAQPS) finalized the document reported effect levels, sensitive one of the subpopulations most entitled, ‘‘Review of the National populations, nature and severity of responsive to NO2 exposure (CD, 1993, Ambient Air Quality Standards for health effects, and margin of safety. p. 16–1). The National Institutes of Nitrogen Dioxide: Assessment of After assessing the evidence, the Health (1991) estimates that Scientific and Technical Information,’’ Administrator concluded that the approximately 10 million asthmatics (SP, U.S. EPA, 1995). The Staff Paper annual standard of 0.053 ppm live in the U.S. Because asthmatics tend summarizes and integrates the key adequately protected against adverse to be much more sensitive to inhaled studies and scientific evidence health effects associated with long-term bronchoconstrictors than contained in the revised CD and exposures and provided some measure nonasthmatics, there is the added identifies the critical elements to be of protection against possible short-term concern that NO2-induced increase in considered in the review of the NO2 health effects. The June 19, 1985 airway response may exacerbate already NAAQS. Federal Register notice (50 FR 25532) existing hyperresponsiveness caused by The Staff Paper received external provides a detailed discussion of the pre-exposure to other inhaled materials. review at a December 12, 1994 CASAC bases for the existing standard. Patients with chronic obstructive meeting. The CASAC comments and pulmonary disease (COPD) constitute 2. Proposed Decision on the Primary another subpopulation which is more recommendations were reviewed by Standard EPA staff and incorporated into the final responsive to NO2 exposure than the draft of the Staff Paper as appropriate. The Administrator has determined average population. This group, which The CASAC reviewed the final draft of that it is not appropriate to propose any is estimated to be 14 million in the U.S. the Staff Paper in June 1995 and revisions of the existing NO2 primary (U.S. Department of Health and Human responded by written closure letter (see standard at this time. In reaching this Services, 1990), includes persons with docket A–93–06). proposed decision, the Administrator emphysema and chronic bronchitis. One has carefully considered the health of the major concerns for COPD patients D. Decision Docket effects information contained in the is that they do not have an adequate In 1993, the EPA created a docket 1993 CD, the 1995 Staff Paper, and the ventilatory reserve and, therefore, (Docket No. A–93–06) for this proposed advice and recommendations of the would tend to be more affected by any decision. This docket incorporates by CASAC as presented both in discussion additional loss of ventilatory function as reference a separate docket established of these documents at public meetings may result from exposure to NO2. The for the criteria document revision and in its 1995 closure letter (see docket available data also indicate that NO2 (Docket No. ECAO–CD–86–082). A–93–06). might further damage already impaired The EPA staff identified several host defense mechanisms, thus putting E. Litigation factors that the Administrator should COPD patients at increased risk for lung On July 21, 1993, the Oregon Natural consider in reaching a decision on infection. Resources Council and Jan Nelson filed whether or not to revise the current Numerous epidemiological studies suit under section 304 of the Act to primary standard to protect against conducted in homes with gas stoves compel the EPA to complete its periodic exposures to NO2. These factors include: provide evidence that children (5–12 review of the criteria and standards for the sensitive populations affected by years old) are at increased risk of NO2 under section 109(d)(1) of the Act nitrogen dioxides, the nature and respiratory symptoms/illness from (Oregon Natural Resources Council v. severity of the health effects, and the exposure to elevated NO2 levels (Melia Carol M. Browner, No. 91–6529–HO protection afforded by the current et al., 1977, 1979, 1983; Ekwo et al., (D.Or.)). The plaintiffs and the EPA standards. 1983; Ware et al., 1984; Ogston et al., agreed to a consent decree establishing a. Sensitive Populations Affected. 1985; Dockery et al., 1989a; Neas et al., a schedule for review of the NO2 Two general groups in the population 1990, 1991, 1992; Dijkstra et al., 1990; NAAQS, which was subsequently may be more susceptible to the effects Brunekreef et al., 1989; Samet et al., modified pursuant to a further of NO2 exposure than other individuals. 1993). Because childhood respiratory agreement between the parties. The U.S. These groups include persons with pre- illness is very common (Samet et al., District Court for the District of Oregon existing respiratory disease and children 1983; Samet and Utell, 1990), any entered an order on February 8, 1995 5 to 12 years old (SP, 1995, p. 39). impact which NO2 might have in 52878 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules
increasing the probability of respiratory hyperresponsiveness is reflected by an NO2 at rest. However, this finding is not illness in children is a matter of public abnormal degree of airway narrowing considered statistically significant. health concern. This is particularly true caused primarily by airway smooth Bauer et al., (1986) reported statistically in light of evidence that recurrent muscle shortening in response to significant changes in spirometric childhood respiratory disease may be a nonspecific stimuli. Asthmatics response in mild asthmatics exposed for risk factor for later susceptibility to lung experience airway hyperresponsiveness 20 minutes (with mouthpiece) to 0.3 damage (Glezen, 1989; Samet et al., to certain chemical and physical stimuli ppm NO2 and cold air. Avol et al. (1988) 1983; Gold et al., 1989). In the U.S., and have been identified as one of the found significant changes in SRaw and there are approximately 35 million population subgroups which is most 1-second forced expiratory volume children in the age group 5 to 14 years sensitive to short-term NO2 exposure (FEV1) as a function of exposure (Centers for Disease Control, 1990). (CD, 1993, p. 16–1). concentration and duration for all b. Health Effects of Concern. Based on Several controlled human exposure exposure conditions (i.e., exposure of the health effects information contained studies (Ahmed et al., 1983a,b; Bylin et moderately exercising asthmatics for 2 in the 1993 CD (which evaluates key al., 1985; Hazucha et al., 1982, 1983; hours to 0.3 ppm and 0.6 ppm NO2); studies published through early 1993) Koenig et al., 1985; Orehek et al., 1981) however, it was concluded that there and the 1995 Staff Paper, EPA has of asthmatic individuals showed no was no significant effect of NO2 concluded that NO2 is the only nitrogen significant effect on responsiveness at exposure on these measures of oxide sufficiently widespread and very low NO2 concentrations of 0.1 to pulmonary function (CD, 1993, p. 15– commonly found in ambient air at high 0.12 ppm. Folinsbee (1992) analyzed 47). Exercising adolescent asthmatics enough concentrations to be a matter of data on asthmatics experimentally- exposed (with mouthpiece) to air, 0.12 public health concern. Exposure to NO2 exposed to NO2 in various studies ppm and 0.18 ppm NO2, exhibited small is associated with a variety of acute and which used challenges producing changes in FEV1, but there were no chronic health effects. The health effects increased airway responsiveness in 96 differences in symptoms between air of most concern at ambient or near- subjects and decreased airway and either of the NO2 exposures (Koenig ambient concentrations of NO2 include responsiveness in 73 subjects. For et al., 1987a,b). The absence of changes in airway responsiveness and exposures in the range of 0.2 to 0.3 ppm spirometry or plethysmography changes pulmonary function in individuals with NO2, he found that the excess increase in studies (Avol et al., 1986; Bylin et al., pre-existing respiratory illnesses and in airway responsiveness was 1985; Linn et al., 1985b; Linn et al., increases in respiratory illnesses in attributable to subjects exposed to NO2 1986) conducted at higher NO2 children (5–12 years old). at rest. Because NO2 at these levels does concentrations makes developing a The changes in airway responsiveness not appear to cause airway concentration-response relationship and pulmonary function are mostly inflammation and the increased airway problematic (CD, 1993, p. 15–62). In associated with short-term exposures responsiveness appears fully reversible, assessing the available data on (e.g., less than 3 hours). Investigations of implications of the observed increases pulmonary function responses to NO in long-term exposures of animals to NO 2 2 in responsiveness remain unclear. It has asthmatic individuals, the CD concludes levels higher than those found in the been hypothesized that increased that the most significant responses to ambient air provide evidence for nonspecific airway responsiveness NO that have been observed in possible underlying mechanisms of 2 caused by NO2 could lead to increased asthmatics have occurred at NO2-induced respiratory illness such as responses to a specific antigen; concentrations between 0.2 and 0.5 ppm those observed in the indoor however, there is no plausible evidence (CD, 1993, p. 16–3). epidemiological studies described to support this. below. Furthermore, animal studies (2) Decrease in pulmonary function. Patients with COPD experience have also provided evidence of Nitrogen dioxide induced pulmonary pulmonary function changes with brief emphysema caused by long-term function changes in asthmatic exposure to high concentrations (5 to 8 ppm for 5 minutes) or with more exposures to greater than 8 ppm NO2. individuals have been reported at low, prolonged exposure to lower The key evidence regarding these effects but not high, NO2 concentrations. For is summarized below. the most part, the small changes in concentrations (0.3 ppm for 3.75 hours). (1) Increase in airway responsiveness. pulmonary function that have been (3) Increased occurrence of respiratory There is little, if any, convincing observed in asthmatic individuals have illness among children. Epidemiological evidence that healthy individuals occurred at concentrations between 0.2 evidence includes a meta-analysis of experience increases in airway and 0.5 ppm, but not at much higher nine epidemiological studies of children responsiveness when exposed to NO2 concentrations (i.e., up to 4 ppm) (CD, (5–12 years old) living in homes with levels below 1.0 ppm. However, studies 1993, p. 16–3). In one early study of gas stoves. The meta-analysis reported of asthmatics have reported some asthmatics, symptoms of respiratory that children (ages 5–12 years) living in evidence of increased airway discomfort were experienced by 4 of 13 homes with gas stoves have an responsiveness caused by short-term asthmatics exposed to 0.5 ppm for 2 increased risk of about 20 percent for exposures (e.g., less than 3 hours) to hours; however, Kerr et al. (1979) developing respiratory symptoms and NO2 at relatively low concentrations concluded that the symptoms were disease over children living in homes (mostly within the range of 0.2 to 0.3 minimal and did not correlate well with without gas stoves. This increase in risk ppm NO2) which are of concern in the functional changes. In several other corresponds to each increase of 0.015 ambient environment. studies of asthmatics, very small ppm NO2 in estimated 2-week average Responsiveness of an individual’s changes in spirometry or NO2 exposure, where mean weekly airways is typically measured by plethysmography were reported concentrations in bedrooms reporting evaluating changes in airway resistance following acute exposures in the range NO2 levels were predominantly between or spirometry following challenge with of 0.1 (Hazucha et al., 1982, 1983) to 0.6 0.008 and 0.065 ppm NO2 (CD, 1993, p. a pharmacologically-active chemical ppm NO2 (Avol et al., 1988). Hazucha 14–73). A detailed discussion of the (e.g., histamine, methacholine, found an 8 percent increase in specific studies included in the meta-analysis carbachol), which causes constriction of airway resistance (SRaw) after mild can be found in the 1993 CD as well as the airways. Airway asthmatics were exposed to 0.1 ppm in the 1995 Staff Paper. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52879
In assessing the potential value of the to bacterial infection was investigated, results of this analysis are reported in meta-analysis in developing the basis the results indicated that no simplistic ‘‘Analysis of High 1 Hr NO2 Values and for a NAAQS for NO2, the Administrator concentration times time relationship Associated Annual Averages Using is mindful of the limitations of the was present, and that peaks had a major 1988–1992 Data’’ (McCurdy, 1994). In underlying studies. As discussed in the influence on the outcome (Gardner, his report, McCurdy concluded that CD and Staff Paper, the gas stove studies 1980; Gardner et al., 1982; Graham et areas attaining the current annual NO2 do not provide sufficient exposure al., 1987). Several other animal NAAQS reported few, if any, 1 hour or information, including human activity infectivity studies (Miller et al. 1987; daily exceedances above 0.15 ppm. patterns, to establish whether the Gardner et al., 1982; Graham et al., Los Angeles is the only city in the observed health effects are related 1987) offered evidence which indicated U.S. to record violations of the annual primarily to peak, repeated peak, or that mice exposed to baseline plus average NO2 NAAQS during the past lower, long-term, average exposures to short-term peaks were more susceptible decade. However, in 1992, Los Angeles NO2. Furthermore, both the staff and to respiratory infection than either those reported air quality measurements CASAC concurred that, absent exposed to control or background levels which meet the NO2 NAAQS for the information on exposure patterns in the of NO2. This research also indicated that first time. Thus, currently, the entire gas stove studies, it is not reasonable to the pattern of NO2 exposure had a major U.S. is in attainment of the current NO2 extrapolate the results of these indoor influence on the response. NAAQS. studies to outdoor exposure regimes The weight of evidence provided by d. Proposed Decision on the Primary (SP, 1995). Indoor exposure patterns to animal toxicology supports the Standard. Based on the assessment of NO2 are quite different compared to contention that NO2 impairs the ability the health and air quality information outdoor exposure patterns. With of host defense mechanisms to protect presented in the CD and Staff Paper and potentially much higher peaks and against respiratory infection. Although discussed above, and taking into average indoor exposures than would be some of the health endpoints may not be account the advice and found outdoors, it is extremely difficult valid for humans (e.g., increased recommendations of EPA staff and to extrapolate the results of the meta- mortality), there are many shared CASAC, the Administrator has analysis in a manner which would mechanisms between animals and determined pursuant to section provide quantitative estimates of health humans which support the hypothesis 109(d)(1) of the Act, as amended, that it impacts for outdoor exposures to NO2 of association between NO2 exposure is not appropriate to propose any (CD, 1993, p. 16–5). and increases in respiratory symptoms revision of the existing annual primary (4) Biological Plausibility. Animal and illness reported in the standard for NO2 at this time. toxicology studies provide evidence for epidemiological studies. In reaching this proposed decision, possible underlying mechanisms of Based on the information reviewed in the Administrator took into account that NO2-induced respiratory illness. These the CD and the Staff Paper, it is clear the existing standard level is well below studies have shown that exposure to that at sufficiently high concentrations those levels associated with chronic NO2 can impair components of the of NO2 (i.e., > 8 ppm) for long periods effects observed in animal studies. The respiratory host defense system and of exposure, NO2 can cause morphologic current standard also provides increase susceptibility to respiratory lung lesions in animals that meet the substantial protection against those infection. The increased respiratory criteria for a human model of short-term peak NO2 concentrations at symptoms and illness in children emphysema (which requires the which clinical studies found reported in the epidemiology studies presence of alveolar wall destruction in statistically-significant changes in cited above may be a reflection of the addition to enlargement of the airspace pulmonary function or airway increased susceptibility to respiratory distal to the terminal bronchiole). responsiveness. As part of the review of infection caused by the impact of NO2 Although current information does not the primary standard, the Administrator on pulmonary defenses. Studies that permit identification of the lowest NO2 also considered whether a new short- provide a plausible biological basis for levels and exposure periods which term standard for NO2 would be developing such a hypothesis and that might cause emphysema, it is apparent appropriate. Based on the available air highlight the potential effects associated that levels required to induce quality data, the Administrator with long-term exposures to NO2 are emphysematous lung lesions in animals concluded that the existing annual discussed in detail in the 1993 CD and are far higher than any NO2 levels standard provides adequate protection 1995 Staff Paper. which have been measured in the against potential changes in pulmonary Although the pulmonary immune ambient air. function or airway responsiveness system has not been adequately studied c. Air Quality Considerations. One of (which most experts would characterize to assess the impact of NO2 exposure, the factors the Administrator considered as mild responses occurring in the range there is some indication that NO2 in reaching this proposed decision is the of 0.2 to 0.5 ppm NO2). The adequacy suppresses some systemic immune relationship between short-term of the existing annual standard to responses and that these responses may exceedances of NO2 concentrations and protect against potential pulmonary be both concentration and time the annual NO2 mean. In 1994, effects is further supported by the dependent. In the ambient range of McCurdy analyzed air quality data from absence of documented effects in some exposures, time may be a more the period 1988–1992 to determine the studies at higher (3 to 4 ppm NO2) important influence than concentration. estimated number of exceedances of concentrations (SP, 1995, p. 43). However, there were no data showing various NO2 short-term air quality In reviewing the scientific bases for an clearly the effect of time on effects of indicators which would occur given annual standard, the Administrator long-term, low-level exposures attainment of a range of annual finds that the evidence showing the representing ambient exposure levels. averages. The annual averages McCurdy most serious health effects associated In the urban air, the typical pattern of analyzed ranged from 0.02 to 0.06 ppm with long-term exposures (e.g., NO2 is a low-level baseline exposure on and included the current NO2 NAAQS emphysematous-like alterations in the which peaks are superimposed. When of 0.053 ppm. The 1-hour and daily lung and increased susceptibility to the relationship of the peak to baseline concentration levels chosen for analyses infection) comes from animal studies exposure and of enhanced susceptibility were 0.15, 0.20, 0.25, and 0.30 ppm. The conducted at concentrations well above 52880 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules those permitted in the ambient air by all areas of the U.S. are in attainment of sulfur dioxide, ozone) can increase the current standard. While recognizing the current NO2 NAAQS. plant sensitivity, thus lowering there is no satisfactory method for After carefully assessing the available concentration and time of exposure quantitatively extrapolating exposure- health effects and air quality required to produce injury/growth response results from these animal information, it is the Administrator’s effects. The pollutant concentrations studies directly to humans, the judgment that a 0.053 ppm annual used in these experimental studies were Administrator is concerned that there is standard would keep annual NO2 well above those observed in the some risk to human health from long- concentrations considerably below the ambient air and at frequency of co- term exposure to elevated NO2 levels long-term levels for which serious occurrence that are not typically found given the potential seriousness of the chronic effects have been observed in in the U.S. (CD, 1993, p. 9–127). effects in animals. animals. Retaining the existing standard b. Materials. Nitrogen oxides are Other evidence suggesting health would also provide protection against known to enhance the fading of dyes; effects related to long-term, low-level short-term peak NO2 concentrations at diminish the strength of fabrics, exposures, such as the epidemiological the levels associated with mild changes plastics, and rubber products; assist the studies integrated into the meta- in pulmonary function and airway corrosion of metals; and reduce the use- analysis, provides some qualitative responsiveness observed in controlled life of electronic components, paints, support for concluding that there is a human studies. In reaching this and masonry. Compared to studies on relationship between long-term human judgment, the Administrator fully sulfur oxides, however, there is only considered the 1995 Staff Paper limited information available exposure to near-ambient levels of NO2 and adverse health effects. However, the conclusions with respect to the primary quantifying the effects of nitrogen various limitations in these studies standard and the views of the CASAC oxides. While NO2 has been preclude derivation of quantitative (Wolff, 1995). For the above reasons, the qualitatively associated with materials dose-response relationships for the Administrator has determined, under damage, it is difficult to distinguish a ambient environment. The section 109(d)(1) of the Act, as single causative agent for observed Administrator is mindful that there amended, that it is not appropriate to damage to exposed materials because remains substantial uncertainty about propose any revision of the existing many agents, together with a number of the actual exposures of subjects in the primary standard for NO2 of 0.053 ppm environmental stresses, act on a surface studies that make up the meta-analysis. annual average at this time. throughout its life. c. Conclusions Concerning Direct The NO levels which were monitored 2 B. The Secondary Standard Effects on Vegetation and Materials. in the gas-stove studies are only Nitrogen dioxide and other nitrogen Based on the information assessed in estimates of exposure and do not compounds have been associated with a the CD and Staff Paper and taking into represent actual exposures. Because the wide range of effects on public welfare. account the advice and studies collected 2-week average NO2 The effects associated with nitrogen recommendations of EPA staff and measurements, one cannot distinguish deposition include acidification and CASAC, the Administrator has between relative contributions to eutrophication of aquatic systems, determined that the existing annual respiratory symptoms and illness of potential changes in the composition secondary standard appears to be both peak, repeated peak and long-term and competition of some species of adequate and necessary to protect average exposure to NO2. In addition, vegetation in wetland and terrestrial against the direct effects of NO2 on indoor exposure patterns to NO2 are systems, and visibility impairment. The vegetation and materials, and that it is quite different compared to outdoor direct effects of NO2 on vegetation and not appropriate to propose any exposure patterns. With potentially materials are also considered. The CD modifications of the secondary standard much higher peaks and average indoor and Staff Paper discuss in detail the with respect to such effects. In reaching exposures than would be found major effects categories of concern; the this proposed decision, the outdoors, it is extremely difficult to following discussion draws from these Administrator considered evidence extrapolate the results of the meta- documents. indicating that attainment of the analysis in a manner which would existing annual secondary standard provide quantitative estimates of health 1. Direct Effects of Nitrogen Dioxides provides substantial protection against impacts for outdoor exposures to NO2 a. Vegetation. Data evaluated in the both long-term and peak NO2 (CD, 1993, p. 16–5). Given these 1993 CD indicate that single exposures concentrations which may lead to the limitations, the Administrator concurs to NO2 for less than 24 hours can direct effects described above. with the EPA staff and CASAC that produce effects on the growth, d. Other Related Effects of Nitrogen neither the meta-analysis nor the development, or reproduction of plants Dioxide. While NO2 can contribute to underlying studies provide a at concentrations that greatly exceed the brown haze, the available scientific quantitative basis for standard setting ambient levels of NO2 observed in the evidence indicates that light scattering purposes. In her judgement, they do, U.S. In experiments of 2 weeks or more, by particles is generally the primary however, provide qualitative support for with intermittent exposures of several cause of degraded visual air quality and the retention of the existing standard hours per day, effects on growth or yield that aerosol optical effects alone can which provides protection against both start to appear when the concentration impart a reddish-brown color to a haze peaks and long-term NO2 exposures. of NO2 reaches the range of 0.1 to 0.5 layer. Because of this, the improvement In reaching this proposed decision, ppm, depending on the species of plant in visual air quality to be gained by the Administrator also took into account and conditions of exposure (CD, 1993, reducing NO2 concentrations is highly that the available air quality data p. 9–89). uncertain at best. In addition, as indicate that if the existing standard of As reported in the 1993 CD (pp. 9–113 discussed in the 1995 Staff Paper, there 0.053 ppm NO2 is attained, the to 9–137), several studies have is no established relationship between occurrence of 1-hour NO2 values greater examined synergistic or additive effects ground level NO2 concentrations at a than 0.2 ppm would be unlikely in most of NO2 and other air pollutants on given point and visibility impairment areas of the country (McCurdy, 1994). plants. These studies report that NO2 in due to a plume or regional haze. These The Administrator also considered that combination with other pollutants (i.e., considerations led both the EPA staff Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52881 and CASAC to conclude that geographical areas or from one system to other evidence that showed no establishment of a secondary NO2 another because of the amount, form, additional winter injury of high standard to protect visibility would not and timing of nitrogen deposition, forest elevation conifer forests when fertilized be appropriate. The Administrator type and status, soil types and status, with 40 kilogram total nitrogen/ha/year. concurs with those judgments. the character of the receiving On the other hand, De Temmerman et While concluding that a secondary waterbodies, the history of land al. provided data showing increased NO2 standard is not appropriate to management and disturbances across fungal outbreaks and frost damage on protect visibility, the Administrator is the watersheds and regions, and several pine species exposed to very concerned about visibility impairment exposure to other pollutants. Absent high ammonia deposition rates (> 350 in our national parks and wilderness better quantification of these factors, it kg/ha/year). Numbers of species and areas. To address visible plumes that is difficult to link specific nitrogen fruiting bodies of fungi have also impact the visual quality of Class I deposition rates with observed increased concomitantly with nitrogen areas, EPA adopted regulations (under environmental effects, particularly at deposition in Dutch forests (Van section 165(d) of the Act) in 1980. In the national level. Breeman and Van Dijk, 1988). The CD addition, EPA is in the process of a. Terrestrial/Wetland. The principal evaluated a number of other studies developing regional haze regulations effects on soils and vegetation which also gave mixed results as to the under section 169A of the Act. associated with excess nitrogen inputs impact of excessive inputs of nitrogen include: (1) Soil acidification and 2. Nitrogen Deposition into forest ecosystems (CD, 1993, pp. mobilization of aluminum, (2) increase 10–92,93). As summarized below, the deposition in plant susceptibility to natural Climate is thought to play a major role of nitrogen compounds contributes to a stresses, and (3) modification of inter- in the severe red spruce decline in the wide range of environmental problems. plant competition. Atmospheric Northeastern U.S., perhaps with some As discussed in detail in the 1993 CD deposition of nitrogen can accelerate the additional exacerbation due to the direct and 1995 Staff Paper, nitrogen acidification of soils and increase effects of acid mist on foliage (Johnson compounds effect terrestrial, wetland, aluminum mobilization if the total et al., 1992). There is also some and aquatic ecosystems through direct supply of nitrogen to the system deposition or by indirectly altering the evidence that suggests that indirect (including deposition and internal effects of nitrogen saturation, namely complex biogeochemical nitrogen cycle. supply) exceeds plant and microbial In assessing the available effects nitrate and aluminum leaching, may be demand. However, the levels of nitrogen contributing factors to red spruce information evaluated in the CD and input necessary to produce measurable Staff Paper, the Administrator is decline in the Southern Appalachians soil acidification are quite high. As (CD, 1993, p. 10–74). mindful of the scientific complexity of reported in the Criteria Document In wetland ecosystems, primary nitrogen deposition issues and their (Tamm and Popovic, 1974; Van biomass production is most commonly broad implications for the environment. Miegroet and Cole, 1984), it is estimated limited by the availability of nitrogen. Nitrogen moves through the biosphere that nitrogen inputs ranging from 50 to via a complex series of biologically and 3,900 kilograms per hectare (kg/ha) for Several fertilization studies have non-biologically mediated 50 and 10 years respectively, would be reported that nitrogen application can transformations. The processes that required to affect a change in soil result in changes in species composition make up the nitrogen cycle and potential for hydrogen (pH) of 0.5 pH or dominance in wetland systems. transform nitrogen as it moves through units. At present, nitrogen deposition Vermeer (1986) found that in fen and an ecosystem include: assimilation, has not been directly associated with wet grassland communities, grasses nitrification, denitrification, nitrogen the acidification of soils in the U.S. The tended to increase in dominance over fixation, and mineralization. Similar potential exists, however, if additions other species. Jefferies and Perkins types of transformations can be found in are high enough for sufficiently long (1977) also found a species-specific diverse habitats, but the organisms periods of time, particularly in areas change in stem density at a Norfolk, responsible for the transformations and where soils have low buffering capacity. England, salt marsh after fertilizing the rates of the transformations Mobilization of aluminum can be toxic monthly with 610 kg NO3 nitrogen/ha/ themselves can vary greatly. to plants and, if transported to year or 680 kg NH4∂ nitrogen/ha/year Atmospheric deposition of nitrogen waterways, can be toxic to various over a period of 3 to 4 years. can disturb the nitrogen cycle and result aquatic species (SP, 1995, pp. 64,65). Long-term studies (greater than 3 in the acidification of soils, lakes, and Several studies evaluated in the CD years) of increased nitrogen loadings to streams. It can also lead to the and Staff Paper examined the effects of wetland systems have reported that eutrophication of sensitive estuarine nitrogen deposition on forest species increases in primary production can ecosystems by changing vegetation sensitivity to drought, cold, or insect result in changes in species composition composition and affecting nutrient attack. While some studies (Margolis and succession (U.S. EPA, 1993, pp. 10– balance. Because a great degree of and Waring, 1986; De Temmerman et 120–121). Changes in species diversity exists among ecosystem types, al., 1988; Waring and Pitman, 1985; composition may occur from increased as well as in the mechanisms by which White, 1984) report that increased evapotranspiration (Howes et al., 1986; these systems assimilate nitrogen nitrogen deposition can alter tree Logofet and Alexander, 1984) leading to inputs, the time to nitrogen saturation susceptibility to frost damage, insect a changed water regime that favors (i.e., nitrogen input in excess of total and disease attack, and plant different species or from increased combined plant and microbial community structure, other studies nutrient loss from the system through nutritional demands) will vary from one (Klein and Perkins, 1987; Van Dijk et al., incorporation into or leaching from system or site to another. As a 1990) did not. For example, Margolis aboveground vegetation. In parts of consequence, the relationship between and Waring showed that fertilization of Europe, historical data seem to nitrogen deposition rates and their Douglas fir with nitrogen could lengthen implicate pollutant nitrogen in altering potential environmental impact is to a the growing season to the point where the competitive relationships among large degree site or regionally-specific frost damage became a problem. plants and threatening wetland species and may vary considerably over broader However, Klein and Perkins presented adapted to habitats of low fertility 52882 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules
(Tallis, 1964; Ferguson et al., 1984; Lee Program (NAPAP). A detailed nature, location (lakes or streams), and et al., 1986). discussion of the findings in the NSWS timing of episodes at different sites. The Potential changes in species can be found in both the 1993 CD and 1995 Staff Paper provides a detailed composition and succession in wetlands the 1995 Staff Paper. The studies description of the processes which may is of particular concern because highlighted in these documents reported contribute to the timing and severity of wetlands are habitats to many rare and mixed observations as to the relative acidic episodes. threatened plant species. Some of these contribution of nitrogen compounds to Some broad geographic patterns in the plants have adapted to systems low in chronic acidification in North American frequency of episodes in the U.S. are nitrogen or with low nutrient levels. For lakes. However, the National Stream now evident. Episodes driven by NO3 some species, these conditions can be Survey (NSS) data do suggest that the are common in the Adirondacks and normal for growth. Therefore, excess Catskills, Northern Appalachians, Catskill Mountains of New York, nitrogen deposition can alter these Valley and Ridge Province, and especially during snowmelt, and also conditions and thus alter species Southern Appalachians all show some occur in at least some streams in other density and diversity. In the contiguous potential for chronic acidification due to portions of the Northeast (e.g., Hubbard U.S., wetlands harbor 14 percent (18 nitrate ions (NO3). Two studies Brook). Nitrate contributes on a smaller species) of the total number of plant (Kaufmann et al., 1991; Driscoll et al., scale to episodes in Ontario and may species that are formally listed as 1989) have examined whether play some role in episodic acidification endangered. Several species on this list, atmospheric deposition is the source of in the Western U.S. There is little such as the insectivorous plants, are the NO3 leaking out of these watersheds. current evidence that NO3 episodes are widely recognized to be adapted to Data from the NSS (Kaufmann et al., important in the acid-sensitive portions nitrogen-poor environments. While 1991) suggest a strong correlation of the Southeastern U.S. outside the changes in species composition and between concentrations of stream water Great Smoky Mountains. There is no succession are of concern, such changes and levels of wet nitrogen deposition in information on the relative contribution have not been associated with nitrogen each of the NSS regions. Secondly, of NO3 to episodes in many of the deposition in the U.S. Driscoll et al. (1989) collected input/ subregions covered by the NSS, b. Aquatic. Some aquatic systems are output budget data for a large number of including those that exhibited elevated potentially at risk from atmospheric watersheds in the U.S. and Canada and NO3 concentrations at spring base flow nitrogen additions through the summarized the relationship between (e.g., the Appalachian Plateau, the processes of eutrophication and nitrogen export and nitrogen deposition Valley and Ridge Province and Mid- acidification. Both processes can at all the sites. Though the relationships Atlantic Coastal Plain), because sufficiently reduce water quality making discovered should not be over- temporally-intensive studies have not it unfit as a habitat for most aquatic interpreted or construed as an been published for these areas. organisms and/or human consumption. illustration of cause and effect, they do While the available data suggest that Acidification of lakes from nitrogen show that watersheds in many regions NO3 episodes are more severe now than deposition may also increase leaching of North America are retaining less than they were in the past, it is important to and methylation of mercury in aquatic 75 percent of the nitrogen that enters emphasize that only the data reported systems. them, and that the amount of nitrogen for the Catskills can be considered truly Atmospheric nitrogen can enter being leaked from these watersheds is long-term (up to 65 years of record). aquatic systems either as direct higher in areas where nitrogen Data for the Adirondacks (Driscoll and deposition to water surfaces or as deposition is highest. Van Dreason, 1993) and other areas of nitrogen deposition to the watershed. In On a chronic basis in the U.S., the U.S. (Smith et al., 1987) span only northern climates, nitrate may be especially in the eastern part of the 1 to 2 decades and should be interpreted temporarily stored in snow packs and country, nitrogen deposition does play a with caution. released in a more concentrated form role in surface water acidification. Because surface water nitrogen during snow melt. Nitrogen deposited to However, there are significant increases have occurred at a time when the watershed is then routed (e.g., uncertainties with regard to the long- nitrogen deposition has been relatively through plant biomass and soil term role of nitrogen deposition in unchanged in the Northeastern U.S. microorganisms) and transformed (e.g., surface water acidity and with regard to (Husar, 1986; Simpson and Olsen, into other inorganic or organic nitrogen the quantification of the magnitude and 1990), it is suggestive that nitrogen species) by watershed processes, and timing of the relationship between saturation of watersheds is progressing may eventually run off into aquatic atmospheric deposition and the and that current levels of nitrogen systems in forms that are only indirectly appearance of nitrogen in surface deposition are too high for the long-term related to the original deposition. The waters. stability of aquatic systems in the contributions of direct and indirect Episodic acidification in surface Adirondacks, the Catskills, and possibly atmospheric loadings have received waters is a concern in the Northeast, elsewhere in the Northeast. It is increased attention. While the available Mid-Atlantic, Mid-Atlantic Coastal important to note that this supposition evidence indicates that the impact of Plain, Southeast, Upper Midwest, and is dependent on our acceptance of NO3 nitrogen deposition on sensitive aquatic West regions (Wigington et al., 1990). In episodes as evidence of nitrogen systems can be significant, it is difficult the Mid-Atlantic Coastal Plain and saturation. While there is some support to quantify the relationship between Southeast regions, all of the episodes for this, there are significant atmospheric deposition of nitrogen, its reported to date have been associated uncertainties with respect to the appearance in receiving waters, and with rainfall. In contrast, most of the quantification of the linkage and the observed effects. episodes in the other regions are related timing of the relationship between the (1) Acidification. In the U.S., the most to snowmelt, although rain-driven atmospheric deposition of nitrogen and comprehensive assessment of chronic episodes apparently can occur in all its episodic or chronic appearance in acidification of lakes and streams comes regions of the country. It is important to surface waters. from the National Surface Water Survey stress that even within a given area, This relationship between deposition (NSWS) conducted as part of the such as the Northeast, major differences and effect becomes more complex National Acid Precipitation Assessment can be evident in the occurrence, because the capacity to retain nitrogen Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52883 differs from one watershed to another of increased algal biomass and than in freshwater systems (CD, 1993, and from one region to another as productivity, nuisance algal pp. 10–189 to 197). However, specific watershed and regional features differ. populations, and decreases in oxygen instances of phosphorus limitation The differing features that may availability for heterotrophic organisms. (Smith, 1984) and of seasonal switching contribute to these differences include, Another effect of chronic eutrophication between nitrogen and phosphorus the amount, form and timing of nitrogen is increased algal biomass shading out limitation (D’Elia et al., 1986; McComb deposition, forest type and status ecologically-valuable estuarine seagrass et al., 1981) have been observed. (including soil type and status), the beds. Eutrophy can lead to fish kills and Estimation of the contribution of character of the receiving waterbodies, the permanent loss of some sensitive nitrogen deposition to the the history of land management and species caused by suffocation or rarely eutrophication of estuarine and coastal disturbances across watersheds and because of some kind of toxic algal waters is made difficult by the multiple regions and exposure to other bloom. Though this process often occurs direct anthropogenic sources (e.g., from pollutants. For example, the Northeast, naturally over the long-term evolution agriculture and sewage) of nitrogen. In because of the presence of aggrading of lakes, it can be significantly the U.S., only a few systems have been forests and deeper soils in comparison accelerated by the additional input of studied with enough intensity to to those of the West, may be able to the limiting nutrients from develop predictions about the absorb higher rates of deposition anthropogenic sources. In order to contribution of atmospheric nitrogen to without serious effects than areas of the establish a link between nitrogen total nitrogen inputs. One example is mountainous West, where soils are thin deposition and the eutrophication of the Chesapeake Bay, where a large effort in comparison and forests are often aquatic systems, one must first has been made to establish the relative absent at the highest elevations (CD, p. demonstrate that the increase in importance of different sources of 10–179). The data of Silsbee and Larson biomass within the system is limited by nitrogen to the total nitrogen load (1982) suggest strongly that forest nitrogen availability, and second, that entering the bay (e.g., D’Elia et al., 1982; maturation is also linked to the process nitrogen deposition is a major source of Smullen et al., 1982; Fisher et al., of NO3 leakage from Great Smoky nitrogen to the system. 1988a; Tyler, 1988). The signatories to Mountain watersheds. In most freshwater systems, the Chesapeake Bay Agreement (i.e., In summary, the available data phosphorus, not nitrogen, is the limiting Maryland, Virginia, Pennsylvania, the indicate that nitrogen contributes to nutrient. Therefore, eutrophication by District of Columbia, and EPA, through episodic acidification of sensitive nitrogen inputs will only be a concern their Baywide Nutrient Reduction streams and lakes in the Northeast. The in lakes that are chronically nitrogen Strategy and individual tributary data also suggest that some watersheds limited and have a substantial total watershed nutrient reduction strategies) of the Northeast and the mid- phosphorous concentration. This have committed to reduce nitrogen and Appalachians may be nearing nitrogen condition is common only in lakes that phosphorus loadings to the bay by 40 saturation. If, and when, this occurs, have received excessive inputs of percent (from 1985 baseline) by the year nitrogen deposition will become a more anthropogenic phosphorous, or in rare 2000. direct cause of chronic surface water cases, have high concentrations of Enhanced modeling is being used to acidification. At present, however, it is natural phosphorus. In the former case, better assess source responsibility for difficult to establish quantitative the primary dysfunction of the lakes is the transport and deposition of nitrogen relationships between nitrogen an excess supply of phosphorous, and from the 350,000 square miles deposition and the appearance of controlling nitrogen deposition would Chesapeake Bay airshed. This enhanced nitrogen in receiving waters, given the be an ineffective method of gaining modeling will assist EPA in deciding: uncertainties in determining time to water quality improvement. In the latter (1) Whether to include reductions in nitrogen saturation for varying systems case, lakes with substantial total atmospheric NOX and resultant and sites. The complexity of the phosphorous concentrations would decreased loadings via atmospheric scientific issues involved led the experience measurable increases in deposition in the reductions of total CASAC to conclude that available biomass from increases in nitrogen nitrogen loading necessary to achieve scientific information assessed in the deposition. the planned 40 percent reduction goal Criteria Document and Staff Paper did In contrast to freshwater systems, the by the year 2000, and (2) the role not provide an adequate basis for productivity of estuarine waters of the implementation of the Act will play in standard setting purposes at this time U.S. correlates more closely with supply ensuring nitrogen loadings are capped at (see Wolff, 1995). In its review of the rates of nitrogen than of other nutrients the 40 percent reduction goal beyond Acid Deposition Standard Feasibility (Nixon and Pilson, 1983). Because the year 2000 in the face of significant Study: Report to Congress (U.S. EPA, estuaries and coastal waters receive projected population increases within 1995), the Acid Deposition Effects substantial amounts of weathered the Chesapeake Bay watershed (and Subcommittee of the Ecological material from terrestrial ecosystems and surrounding airshed). This integration Processes and Effects Committee of the from exchange with sea water, of modeling, watershed, and airshed EPA’s Science Advisory Board also acidification is not a concern. However, management will serve as a case study concluded that there was not an this same load of weathered material and a prototype method for other adequate scientific basis for establishing and anthropogenic inputs makes these geographic areas. an acidic deposition standard (see ‘‘An same areas prone to the effects of Though estimates for each individual SAB Report: Review of the Acid eutrophication. source are very uncertain, studies Deposition Standard Feasibility Study Considerable research has focused on undertaken to determine the proportion Report to Congress,’’ U.S. EPA, 1995). whether estuarine and coastal of the total NO3 load to the bay, which (2) Eutrophication. Eutrophication is ecosystems are limited by nitrogen, was attributable to nitrogen deposition, the process by which aquatic systems phosphorus, or some other factor. produced estimates in the range of 18 to are enriched with the nutrient(s) that are Numerous geochemical and 39 percent. These estimates, which presently limiting for primary experimental studies have suggested reflect the current status of the area, production in that system. that nitrogen limitation is much more suggest that supplies of nitrogen from Eutrophication may produce conditions common in estuarine and coastal waters deposition exceed supplies from all 52884 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules
other non-point sources (i.e., farm that establishment of a secondary NO2 standard(s), to report to Congress on the runoff) to the bay and only point-source standard to protect visibility is not role that a deposition standard(s) might inputs (i.e., discharges to water, appropriate. In reaching these play in supplementing the acidic emissions from industrial facilities) provisional conclusions, the deposition program adopted in title IV, represent a greater input than Administrator has assessed the evidence and to determine what measures would deposition. provided in the CD and the Staff Paper be needed to integrate it with that Based on the available data, it is clear as well as the advice and program. The resulting document that atmospheric nitrogen inputs to recommendations of the EPA staff and entitled, ‘‘Acid Deposition Standard estuarine and coastal ecosystems are of CASAC. Feasibility Study: Report to Congress’’ concern. The importance of atmospheric With respect to nitrogen deposition, (U.S. EPA, 1995), concluded, as did the inputs will vary, however, from site to the Administrator is concerned about CD and staff paper, that nitrogen site and will depend on the availability the growing body of scientific deposition plays a significant role in the of other growth nutrients, the flushing information, assessed in the CD and acidification of certain sensitive streams rate through the system, the sensitivity Staff Paper and discussed above, that and lakes and that the time to nitrogen of resident species to added nitrogen, associates nitrogen deposition with a saturation varies significantly from one the types and chemical forms of wide range of environmental effects. Of system or region to another. The nitrogen inputs from other sources, as particular concern is the available data complexities of watershed nitrogen well as other factors. Given these that indicate nitrogen deposition plays a dynamics (e.g., the biological processes) complexities, site-specific significant role in the episodic and the uncertainties in modeling investigations, such as the Chesapeake acidification of certain sensitive streams results that project future effects of Bay Study, are needed to ascertain the and lakes and could cause long-term nitrogen deposition under alternative most effective mitigation strategy. chronic acidification of such surface emission scenarios, however, led EPA Similar place-based studies are already waters. The Administrator notes, as did staff (as well as the Acid Deposition under way in the Tampa Bay and other CASAC, that because of the variations in Effects Subcommittee of the Ecological coastal areas. the actual rate of nitrogen uptake, Processes and Effects Committee of the immobilization, denitrification, and 3. Direct Toxic Effects of Ammonia EPA’s Science Advisory Board that leaching, it is very difficult, given Deposition to Aquatic Systems reviewed the report) to conclude that current quantification of these current scientific uncertainties Nitrogen deposition could potentially processes, to link specific nitrogen associated with determining the level(s) contribute directly to toxic effects in deposition rates with observed of an acid deposition standard(s) are surface waters. High ammonia environmental effects. significant (see ‘‘An SAB Report: concentrations are associated with In considering the available data, the Review of the Acid Deposition Standard lesions in gill tissue, reduced growth Administrator is also mindful, given the Feasibility Study Report to Congress,’’ rates of trout fry, reduced fecundity complex processes involved, that the U.S. EPA, 1995). The study does not (number of eggs), increased egg time to nitrogen saturation will vary advocate setting an acid deposition mortality, and increased susceptibility from one system to another. As a standard at this time. The study does, of fish to other diseases, as well as a consequence, the relationship between however, set forth a range of regionally- variety of pathological effects in nitrogen deposition rates and their specific goals to help guide the policy invertebrates and aquatic plants. Given potential environmental impact is to a maker when assessing NO control current maximal concentrations of large degree site- or regionally-specific X strategies and their potential for ammonium ions (NH4∂) in wet and may vary considerably over broader deposition and reasonable maximum geographical areas. These complexities reducing nitrogen deposition effects. rates of dry deposition, even if all led both the EPA and CASAC to The Administrator has also examined nitrogen species were ammonified, the conclude that there is currently the available information that indicates maximum potential NH4∂ insufficient information to set a national atmospheric nitrogen deposition can concentrations attributable to deposition secondary NO2 standard which would play a significant role in the would be approximately 280 nmol/L protect against the acidification effects eutrophication of estuarine and coastal and would be unlikely to be toxic of nitrogen deposition. Because of the waters. However, estimation of the except in unusual circumstances. site- and regional-specific nature of the contribution of nitrogen deposition to Therefore, it appears that the potential problem, the staff also questioned the eutrophication of estuarine and for toxic effects directly attributable to whether adoption of a national coastal waters is made difficult by nitrogen deposition in the U.S. is very secondary NO2 standard would be an multiple direct anthropogenic sources of limited. In addition, EPA has effective tool to address such effects. nitrogen. Thus, the importance of established water quality standards for In considering the staff’s latter view, atmospheric inputs will vary from site ammonia to protect against these effects the Administrator also recognizes that to site and will depend on the (50 FR 30784, July 29, 1984; also see Congress reserved judgment regarding availability of other growth nutrients, guidance document EPA–440/5–85– the possible need for further action to the flushing rate through the system, the 001). control acid deposition beyond the sensitivity of resident plant species to provisions of title IV of the 1990 added nitrogen, as well as the types of 4. Proposed Decision on the Secondary Amendments and what form any such chemical forms of nitrogen inputs from Standard action might take (Pub. L. 101–549, sec. other sources. Given the complexities of As discussed above, after carefully 404, 104 Stat. 2399, 2632 (1990)). For a these factors and the limited data considering the information on the more complete discussion of the currently available, the Administrator direct effects of NO2, the Administrator congressional deliberation on the acidic concurs with the EPA staff and CASAC has determined that the existing annual deposition issue, see 58 FR 21356– conclusion that there is not sufficient secondary standard is both necessary 21357, April 21, 1993. Among other quantitative information to establish a and adequate to protect vegetation and things, Congress directed EPA to national secondary standard to protect materials from the direct effects of NO2. conduct a study of the feasibility and sensitive ecosystems from the The Administrator has also determined effectiveness of an acid deposition eutrophication effects caused by Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52885 nitrogen deposition. Rather, additional productivity, competition, jobs, the times for both the primary and site-specific investigations (such as the environment, public health or safety, or secondary standards. Chesapeake Bay Study) are needed to State, local, or tribal governments or D. Unfunded Mandates Reform Act ascertain the most effective mitigation communities; strategies. (2) create a serious inconsistency or Title II of the Unfunded Mandates For the above reasons, the otherwise interfere with an action taken Reform Act of 1995 (UMRA), P.L. 104– Administrator has determined pursuant or planned by another Agency; 4, establishes requirements for Federal to section 109(d)(1) of the Act, as (3) materially alter the budgetary agencies to assess the effects of their amended, that it is not appropriate to impact of entitlements, grants, user fees, regulatory actions on State, local, and propose any revision of the current or loan programs or the rights and tribal governments and the private secondary standard for NO2 to protect obligations or recipients thereof; or sector. Under section 202 of the UMRA, against welfare effects at this time. As (4) raise novel legal or policy issues EPA generally must prepare a written provided for under the Act, the EPA arising out of legal mandates, the statement, including a cost-benefit will continue to assess the scientific President’s priorities, or the principles analysis, for proposed and final rules information on nitrogen-related effects set forth in the Executive Order. with ‘‘Federal mandates’’ that may as it emerges from ongoing research and Although the EPA is not proposing result in expenditures to State, local and will update the air quality criteria any modification of the existing NO2 tribal governments, in the aggregate, or accordingly. These revised criteria NAAQS, the OMB has advised the EPA to the private sector, of $100 million or should provide a more informed basis that this proposal should be construed more in any 1 year. Before promulgating for reaching a decision on whether a as a ‘‘significant regulatory action’’ an EPA rule for which a written revised NAAQS or other regulatory within the meaning of the Executive statement is needed, section 205 of the measures are needed in the future. Order. Accordingly, this action was UMRA generally requires EPA to In the interim, the 1990 Clean Air Act submitted to the OMB for review. Any identify and consider a reasonable Amendments (Pub. L. 101–549, 104 changes made in response to OMB number of regulatory alternatives and Stat. 2399 (1990)) require EPA to suggestions or recommendations will be adopt the least costly, most cost- promulgate a number of control documented in the public record. effective or least burdensome alternative that achieves the objectives of the rule. measures to reduce NOX emissions from B. Regulatory Flexibility Analysis both mobile and stationary sources. The provisions of section 205 do not The Regulatory Flexibility Act (RFA) These reductions are in addition to apply when they are inconsistent with requires that all Federal agencies those required under title IV of the 1990 applicable law. consider the impacts of final regulations Amendments (Pub. L. 101–549, secs. Before EPA establishes any regulatory on small entities, which are defined to 401–413, 104 Stat. 2399, 2584–2634 requirements that may significantly or be small businesses, small (1990)). Title IV, in conjunction with uniquely affect small governments, organizations, and small governmental other titles of the Act, requires EPA to including tribal governments, it must jurisdictions (5 U.S.C. 601 et seq.). reduce nitrogen oxide emissions by have developed, under section 203 of These requirements are inapplicable to approximately two million tons from the UMRA, a small government agency rules or other administrative actions for 1980 emission levels. The reductions plan. The plan must provide for which the EPA is not required by the achieved through these EPA initiatives notifying potentially affected small Administrative Procedure Act (APA), 5 will provide additional protection governments, enabling officials of U.S.C. 551 et seq., or other law to against the potential acute and chronic affected small governments to have publish a notice of proposed rulemaking effects associated with exposure to NO meaningful and significant Federal X (5 U.S.C. 603(a), 604(a)). The EPA has while EPA continues to generate and intergovernmental mandates, and elected to use notice and comment review additional information on the informing, educating, and advising procedures in deciding whether to effects of oxides of nitrogen on public small governments on compliance with revise the NO standards based on its welfare and the environment. The EPA 2 the regulatory requirements. assessment of the importance of the A decision by the Administrator believes it is important to continue to issues. Under section 307(d) of the Act, pursuant to section 109(d) of the Act not recognize the benefit to the environment as the EPA interprets it, neither the APA to propose any revision of the existing that can be achieved by further reducing nor the Act requires rulemaking national primary and secondary NO emissions. Therefore, as part of X procedures where the Agency decides to standards for NO does not require this process, the EPA will integrate, to 2 retain existing NAAQS without change. rulemaking procedures, and EPA has the extent appropriate, nitrogen Accordingly, the EPA has determined elected to provide notice and an deposition considerations when that the impact assessment requirements opportunity for comment concerning assessing new NO control strategies. X of the RFA are inapplicable to the this proposed decision in view of the III. Miscellaneous decision proposed in this notice. importance of the issues. If the Administrator makes a final decision A. Executive Order 12866 C. Impact on Reporting Requirements not to modify the existing NAAQS for Under Executive Order 12866, the There are no reporting requirements NO2, this will not impose any new Agency must determine whether a directly associated with an ambient air expenditures on governments or on the regulatory action is ‘‘significant’’ and, quality standard promulgated under private sector, or establish any new therefore, subject to Office of section 109 of the Act (42 U.S.C. 7400). regulatory requirements affecting small Management and Budget (OMB) review There are, however, reporting governments. Accordingly, the EPA has and the requirements of the Executive requirements associated with related determined that the provisions of Order. The order defines ‘‘significant sections of the Act, particularly sections sections 202, 203, and 205 of the UMRA regulatory action’’ as one that may: 107, 110, 160, and 317 (42 U.S.C. 7407, do not apply to this proposed decision. (1) Have an annual effect on the 7410, 7460, and 7617). This proposal economy of $100 million or more or will not result in any changes in these List of Subjects in 40 CFR Part 50 adversely affect in a material way the reporting requirements since it would Environmental protection, Air economy, a sector of the economy, retain the existing level and averaging pollution control, Carbon monoxide, 52886 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules
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(68) Neas, L. M.; Ware, J. H.; Dockery, D. W.; (79) Samet, J. M.; Lambert, W. E.; Skipper, B. (91) U.S. Department of Health and Human Spengler, J. D.; Ferris, B. G., Jr.; Speizer, J.; Cushing, A. H.; Hunt, W. C.; Young, Services. (1990) Vital and health F. E. (1990) The association of indoor S. A.; McLaren, L. C.; Schwab, M.; statistics: current estimates from the nitrogen dioxide levels with respiratory Spengler, J. D. (1993) Health outcomes. National Health Interview Survey, 1989. symptoms and pulmonary function in In: Nitrogen dioxide and respiratory Hyattsville, MD: Public Health Service, children. In: Indoor air ’90: proceedings illness in children, part I. Cambridge, National Center for Health Statistics; of the 5th international conference on MA: Health Effects Institute; research DHHS publication no. (PHS) 90–1504. indoor air quality and climate, volume 1, report no. 58. (Series 10: data from the National Health human health, comfort and performance; (80) Schlesinger, R. B. 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(1982) Water (1982) Air quality criteria for oxides of children. Am. J. Epidemiol. 134: 204– quality of streams in the Great Smoky nitrogen. Research Triangle Park, NC: 219. Mountains National Park. Hydrobiologia Office of Health and Environmental (70) Neas, L. M.; Dockery, D. W.; Spengler, 89: 97–115. Assessment, Environmental Criteria and J. D.; Speizer, F. E.; Ferris, B. G., Jr. (83) Simpson, J. C.; Olsen, A. R. (1990) Wet Assessment Office; EPA report no. EPA– (1992) Variations in the association deposition temporal and spatial patterns 600/8–82–026. Available from: NTIS, between indoor nitrogen dioxide and in North America, 1987. Research Springfield, VA; PB83–131011. childhood respiratory symptoms by Triangle Park, NC: U.S. Environmental (94) U.S. Environmental Protection Agency. sampling location, season and source. Protection Agency, Atmospheric (1985) Ambient water quality criteria for Am. Rev. Respir. Dis. 145: A93. Research and Exposure Assessment ammonia—1984. Washington, DC: (71) Nixon, S. W.; Pilson, M. E. Q. (1983) Laboratory; EPA report no. EPA–600/4– Criteria and Standards Division; EPA Nitrogen in estuarine and coastal marine 90–019. Available from: NTIS, report no. EPA–440/5–85–001. Available ecosystems. In: Carpenter, E. J.; Capone, Springfield, VA; PB90–251836. from: NTIS, Springfield, VA; PB85– D. G., eds. Nitrogen in the marine (84) Smith, S. V. (1984) Phosphorus versus 227114. environment. New York, NY: Academic nitrogen limitation in the marine (95) U.S. Environmental Protection Agency. Press; pp. 565–648. environment. Limnol. Oceanogr. 29: (1982b) Review of the National Ambient (72) Ogston, S. A.; Florey, C. du V.; Walker, 1149–1160. Air Quality Standards for Nitrogen C. H. M. (1985) The Tayside infant (85) Smullen, J. T.; Taft, J. L.; Macknis, J. Oxides: Assessment of Scientific and morbidity and mortality study: effect on (1982) Nutrient and sediment loads to Technical Information. OAQPS Staff health of using gas for cooking. Br. Med. the tidal Chesapeake Bay system. In: Paper. Office of Air Quality Planning and J. 290: 957–960. Chesapeake Bay Program technical Standards; EPA report no. EPA–450/5– (73) ‘‘Oregon Natural Resource Council vs. studies: a synthesis. Annapolis, MD: U.S. 82–002. Available from: NTIS, EPA,’’ No. 91–6529–HO (D. Or.) (1993). Environmental Protection Agency; pp. Springfield, VA. (74) Orehek, J.; Grimaldi, F.; Muls, E.; 150–251. Available from: NTIS, (96) U.S. Environmental Protection Agency. Durand, J. P.; Viala, A.; Charpin, J. (1981) Springfield, VA; PB84–111202. (1993a) Air quality criteria for oxides of Response bronchique aux allergenes (86) Suzuki, T.; Ikeda, S.; Kanoh, T.; nitrogen. Research Triangle Park, NC: apres exposition controlee au dioxyde Mizoguchi, I. (1986) Decreased Office of Health and Environmental d’azote [Bronchial response to allergens phagocytosis and superoxide anion Assessment, Environmental Criteria and after controlled NO2 exposure]. Bull. Eur. production in alveolar macrophages of Assessment Office; EPA report no. EPA– Physiopathol. Respir. 17: 911–915. rats exposed to nitrogen dioxide. Arch. 600/8–91/049F. Available from: NTIS, (75) Parker, R. F.; Davis, J. K.; Cassell, G. H.; Environ. Contam. Toxicol. 15: 733–739. Springfield, VA. White, H.; Dziedzic, D.; Blalock, D. K.; (87) Tallis, J. H. (1964) Studies on southern (97) U.S. Environmental Protection Agency. Thorp, R. B.; Simecka, J. W. (1989) Short- Pennine peats: III. the behavior of (1995) Review of the National Ambient term exposure to nitrogen dioxide Sphagnum. J. Ecol. 52: 345–353. Air Quality Standards for Nitrogen enhances susceptibility to murine (88) Tamm, C. O.; Popovic, B. (1974) Oxides: Assessment of Scientific and respiratory mycoplasmosis and decreases Intensive fertilization with nitrogen as a Technical Information. OAQPS Staff intrapulmonary killing of Mycoplasma stressing factor in a spruce ecosystem. I. Paper. Office of Air Quality Planning and pulmonis. Am. Rev. Respir. Dis. 140: Soil effects. Stockholm, Sweden: Royal Standards; EPA report no. EPA–452/R– 502–512. College of Forestry. (Studia forestalia 95–005. (76) Robison, T. W.; Duncan, D. P.; Forman, suecica nr. 121). (98) U.S. Environmental Protection Agency. H. J. (1990) Chemoattractant and (89) Tyler, M. (1988) Contribution of (1995) An SAB Report: Review of the leukotriene B4 production from rat atmospheric nitrate deposition to nitrate Acid Deposition Standard Feasibility alveolar macrophages exposed to loading in the Chesapeake Bay. Study Report to Congress. Prepared by nitrogen dioxide. Am. J. Respir. Cell Mol. Annapolis, MD: Department of Natural the Acid Deposition Effects Biol. 3: 21–26. Resources, Chesapeake Bay Research & Subcommittee of the Ecological (77) Rombout, P. J. A.; Dormans, J. A. M. A.; Monitoring Division; report no. AD–88– Processes and Effects Committee; EPA Marra, M.; Van Esch, G. J. (1986) 7. report no. EPA–SAB–EPEC–95–019, Influence of exposure regimen on (90) U.S. Bureau of the Census. (1991) September 1995. nitrogen dioxide-induced morphological Statistical abstract of the United States: (99) Van Breemen, N.; Van Dijk, H. F. G. changes in the rat lung. Environ. Res. 41: 1991. 111th ed. Washington, DC: U.S. (1988) Ecosystem effects of atmospheric 466–480. Bureau of the Census; pp. 111 and 123. deposition of nitrogen in the (78) Samet, J. M.; Utell, M. J. (1990) The risk Netherlands. In: Dempster, J. P.; of nitrogen dioxide: what have we Manning, W. J.; Skeffington, R. A., eds. learned from epidemiological and Excess nitrogen deposition: [papers from clinical studies? Toxicol. Ind. Health 6: the workshop]; September 1987; 247–262. Leatherhead, Surrey, United Kingdom. Environ. Pollut. 54: 249–274. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52889
(100) Van Dijk, H. F. G.; De Louw, M. H. J.; volatile organic compound (VOC) treatment system. The standards would Roelofs, J. G. M.; Verburg, J. J. (1990) emissions from the synthetic organic require all new, modified, and Impact of artificial, ammonium-enriched chemical manufacturing industry reconstructed SOCMI process units to rainwater on soils and young coniferous (SOCMI) wastewater sources to control wastewater emissions to the trees in a greenhouse. Part II—effects on modifications of existing SOCMI the trees. Environ. Pollut. 63: 41–59. level achievable by the best (101) Van Miegroet, H.; Cole, D. W. (1984) process units. The SOCMI wastewater demonstrated system of continuous The impact of nitrification on soil NSPS were proposed on September 12, emission reduction, considering costs, acidification and cation leaching in red 1994 (59 FR 46780) under authority of nonair quality health, and alder ecosystem. J. Environ. Qual. 13: Section 111 of the Clean Air Act, based environmental and energy impacts. In 586–590. on the Administrator’s determination addition to requiring end-of-pipe and (102) Vermeer, J. G. (1986) The effect of that VOC emissions from SOCMI add-on controls, the standards would nutrients on shoot biomass and species wastewater operations cause, or also control VOC wastewater emissions composition of wetland and hayfield contribute significantly to, air pollution by eliminating or reducing the communities. Acta Oecol. Oecol. Plant. that may reasonably be anticipated to 7: 31–41. formation of these pollutants. (103) Ware, J. H.; Dockery, D. W.; Spiro, A., endanger public health or welfare. Today’s proposal clarifies how the III; Speizer, F. E.; Ferris, B. G., Jr. (1984) DATES: Comments on today’s proposal SOCMI wastewater NSPS applies to Passive smoking, gas cooking, and must be received on or before November modifications of existing SOCMI respiratory health of children living in 13, 1995. process units in response to concerns six cities. Am. Rev. Respir. Dis. 129: ADDRESSES: Interested parties may raised by representatives of the 366–374. submit written comments regarding the chemical manufacturing industry. The (104) Waring, R. H. Pitman, G. B. (1985) amendments to the proposed rule (in EPA is addressing some of the Modifying lodgepole pine stands to industry’s concerns at this time, because change susceptibility to mountain pine duplicate if possible) to: Air and beetle attack. Ecology 66: 889–897. Radiation Docket and Information modifications of SOCMI process units (105) White, T. C. R. (1984) The abundance Center (6102), Attention, Docket No. A– that generate wastewater that were of invertebrate herbivores in relation to 94–32, U. S. Environmental Protection modified after September 12, 1994, will the availability of nitrogen in stressed Agency, 401 M Street, SW, Washington, be subject to the final NSPS. Additional food plants. Oecologia 63:423–425. DC 20460. The EPA requests that a issues raised by comments to the (106) Wigington, P. J., Jr.; Davies, T. D.; separate copy also be sent to Robert September 12, 1994 proposed rule will Tranter, M.; Eshleman, K. (1990) Lucas at the address listed below. be addressed at the time that the final Episodic acidification of surface waters rule is promulgated. due to acidic deposition. Washington, FOR FURTHER INFORMATION CONTACT: Mr. DC: National Acid Precipitation Robert Lucas at telephone (919) 541– II. Modification of Existing Process Assessment Program. (Acidic deposition: 0884, Emission Standards Division Units state of science and technology report (MD–13), Office of Air Quality Planning 12). and Standards, U. S. Environmental a. Increased Emissions From Non- (107) Wolff, G. T. (1993) CASAC closure Protection Agency, Research Triangle Wastewater Sources letter for the 1993 Criteria Document for Park, North Carolina 27711. Today’s proposal clarifies that Oxides of Nitrogen addressed to U.S. SUPPLEMENTARY INFORMATION: EPA Administrator Carol M. Browner The physical and operational changes to dated September 30, 1993. amendments to the proposed regulatory SOCMI process units that result in (108) Wolff, G. T. (1995) CASAC closure text are not included in this Federal increased emissions from non- letter for the 1995 OAQPS Staff Paper Register document, but are available in wastewater sources do not subject a addressed to U.S. EPA Administrator Docket No. A–94–32 or by request from process unit to the SOCMI wastewater Carol M. Browner dated August 22, 1995. the Air Docket (see ADDRESSES). This NSPS. Under the existing regulatory (109) Yamamoto, I.; Takahashi, M. (1984) notice, the proposed regulatory text, the framework any physical or operational Ultrastructural observations of rat lung amendments to the proposed rule, and change to a SOCMI process unit that exposed to nitrogen dioxide for 7 background information document are results in an increase in emissions from months. Kitasato Arch. Exp. Med. 57: 57–65. also available on the Technology any emission source within a process Transfer Network (TTN), one of the unit—irrespective of whether the [FR Doc. 95–25179 Filed 10–10–95; 8:45 am] EPA’s electronic bulletin boards increased emissions are from BILLING CODE 6560±50±P developed and operated by the Office of wastewater sources—could be Air Quality Planning and Standards. considered to be a modification within The TTN provides information and the meaning of section 111 of the Act, 40 CFR Part 60 technology exchange in various areas of 42 U.S.C. § 7411.1 Accordingly, a air pollution control. The service is free, physical or operational change to a [AD-FRL±5308±9] except for the cost of a phone call. Dial SOCMI process unit that results in Standards of Performance for New (919) 541–5742 for up to a 14,400 bits increased emissions from sources other Stationary Sources: Volatile Organic per second (bps) modem. If more than wastewater would subject an Compound Emissions From the information on the TTN is needed, call existing SOCMI process unit (that was Synthetic Organic Chemical the HELP line at (919) 541–5384. Manufacturing Industry Wastewater 1 The NSPS general provisions that address I. Background modifications provide that ‘‘. . . any physical or AGENCY: Environmental Protection On September 12, 1994, the EPA operational change to an existing facility which results in an increase in the emission rate to the Agency (EPA). proposed standards to limit VOC atmosphere of any pollutant to which a standard ACTION: Supplemental notice to emissions from SOCMI wastewater. The applies shall be considered a modification within proposed rule. proposed standards would regulate VOC the meaning of section 111 of the Act. Upon emissions from wastewater generated by modification, an existing facility shall become an SUMMARY: affected facility for each pollutant to which a Today’s proposal clarifies the SOCMI process units and are limited to standard applies and for which there is an increase application of the proposed new source emission points in the associated in the emission rate to the atmosphere.’’ (emphasis performance standards (NSPS) for process unit’s wastewater collection and added)(40 CFR § 60.14(a)) 52890 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules modified after the SOCMI wastewater treatment tanks, surface impoundments, § 60.787(a) of this subpart, shall be in NSPS was proposed) to the NSPS.2 and containers.]’’ compliance with applicable Today’s proposal, therefore, adds requirements of this subpart within 180 b. Compliance Schedule section 60.787(a) to the SOCMI days of the completion of any physical wastewater NSPS to make it clear that Today’s proposal would also allow or operational change as provided in the rule applies only to emissions from the owner or operator of a SOCMI § 60.14(g) of this part, unless the wastewater sources, not to emissions process unit more time to comply with Administrator approves, upon the from other, non-wastewater sources. the SOCMI wastewater NSPS, if the submission of a compliance schedule The new provision provides that to be modification of a process unit requires and a justification for the schedule, considered a modification within the major capital improvements to the additional time up to a maximum of meaning of section 111 of the Act the wastewater collection and treatment three years from the completion of the increase of emissions to the atmosphere system. The NSPS general provisions at physical or operational change to brought about by any physical or 40 CFR 60.14(g) require that modified comply with the applicable operational change to an existing facility sources comply with the NSPS within requirements of this subpart.’’ (i.e., process unit) must be an increase 180 days of completion of the physical in emissions from wastewater generated or operational change that results in List of Subjects in 40 CFR Part 60 by the process unit. Physical and increased emissions. Compliance with Environmental protection, Air operational changes that result in an the proposed standards for wastewater pollution control, Reporting and increase in emissions from other equipment and control devices, recordkeeping requirements, Volatile emissions sources within the process however, will in some cases require organic compounds. unit such as process vents or equipment large capital projects, such as the excavation of underground sewer pipes, Statutory Authority: The statutory leaks not related to the collection and/ authority for this proposed amendment is or treatment of wastewater will not be that may take longer than 180 days to provided by sections 101, 111, 114, 116, and considered a modification under the complete. 301 of the Clean Air Act, as amended; 42. provisions of the SOCMI wastewater Today’s proposal, therefore, adds U.S.C., 7401, 7411, 7414, and 7601. NSPS. section 60.770(e) to the SOCMI Dated: September 25, 1995. wastewater NSPS to allow up to three Section 60.787 is amended by revising Richard Wilson, the section title to ‘‘Modification and years, if warranted, to complete capital Acting Assistant Administrator. Reconstruction’’, adding a new improvements to wastewater collection paragraph (a), and reformatting the and treatment systems necessary to [FR Doc. 95–25182 Filed 10–10–95; 8:45 am] original paragraph (a) to now be comply with the SOCMI wastewater BILLING CODE 6560±50±P paragraph (b). NSPS as a result of the modification of The new § 60.787(a) states that ‘‘For a process unit. To obtain an extension the purposes of this subpart, any to the 180 day compliance deadline in 40 CFR Part 70 physical or operational change to an 40 CFR § 60.14(g), the owner or operator [TN±NASH±95±01; FRL±5313±6] existing process unit that results in an of an affected facility would be required increase in the emission rate to the to submit a compliance schedule and a Clean Air Act Proposed Full Approval, atmosphere of VOC shall be considered justification for the schedule to the or in the Alternative, Proposed Interim a modification within the meaning of Administrator for approval. Today’s Approval of Operating Permits section 111 of the Act, 42 U.S.C. § 7411, proposal also adds section 60.770(d) to Program; Metropolitan Health to the extent that an increase in clarify that extensions of time to comply Department, Metropolitan Government emissions is from wastewater generated with the NSPS would be limited to of Nashville and Davidson County, TN by the process unit. Physical and situations involving the modification of operational changes that result in an a process unit; affected facilities for AGENCY: Environmental Protection increase in emissions from other which construction or reconstruction is Agency (EPA). emission sources within the process commenced after September 12, 1994 ACTION: Proposed full approval, or unit, such as process vents or would continue to be required to be in proposed interim approval in the equipment leaks, not associated with or compliance with the NSPS upon the alternative. related to the collection, storage, and/or initial start-up of the affected facility. treatment of wastewater shall not be Section 60.770 is amended by revising SUMMARY: The EPA proposes full considered a modification under this the section title to ‘‘Applicability, approval of the operating permits subpart. [Note: Sources of VOC designation of affected facility, and program submitted by the State of emissions associated with wastewater compliance schedule,’’ and by adding Tennessee on behalf of the Metropolitan collection, storage, and treatment new paragraphs (d) and (e). Health Department (‘‘Nashville- systems include but are not limited to The new § 60.770(d) states that ‘‘the Davidson County’’ or ‘‘the County’’), individual drain systems, manholes, owner or operator of an affected facility located in the geographic area of junction boxes, lift stations, trenches, for which construction or reconstruction Nashville-Davidson County. sumps, weirs, oil-water separators, is commenced after September 12, 1994 Alternatively, EPA proposes to grant equalization or neutralization basins, (the proposal date), shall be in interim approval if specified changes clarifiers, aeration basins, storage and compliance with the provisions of this are not adopted prior to final subpart upon initial start-up of the promulgation of this rulemaking. 2 Section 60.770 of the proposed SOCMI affected facility.’’ Nashville-Davidson County’s program wastewater NSPS (59 FR 46780, September 12, The new § 60.770(e) requires that ‘‘the was submitted for the purpose of 1994) defines an ‘‘affected facility’’ that must comply with the NSPS to be ‘‘. . . a process unit owner or operator of an existing facility complying with Federal requirements that generates a wastewater and produces one or that becomes an affected facility under which mandate that states or local more of the chemicals listed in § 60.788 of this this subpart as a result of a authorities develop, and submit to EPA, subpart as a product, co-product, by-product, or modification, within the meaning of programs for issuing operating permits intermediate for which construction, modification, or reconstruction of the process unit commenced section 111 of the Clean Air Act, 42 to all major stationary sources, and to after September 12, 1994.’’ U.S.C. § 7411, and as specified in certain other sources. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52891
DATES: Comments on this proposed 1994, and December 28, 1994. Because 70.4(b)(1) by describing how the County action must be received in writing by these supplements materially changed intends to carry out its responsibilities November 13, 1995. the County’s title V program submittal, under the part 70 regulations. EPA has ADDRESSES: Written comments on this EPA extended the one-year review deemed the program description to be action should be addressed to Carla E. period. sufficient for meeting the requirements Pierce, Chief, Air Toxics Unit/Title V EPA’s program review occurs of 40 CFR 70.4(b)(1). Program Development Team, Air pursuant to Section 502 of the Act and Pursuant to 40 CFR 70.4(b)(3), each Programs Branch, at the EPA Region 4 the part 70 regulations, which together state or local authority is required to office listed below. Copies of the outline criteria for approval or submit a legal opinion from the Nashville-Davidson County submittal disapproval. Where a program Attorney General (or the attorney for the and other supporting information used substantially, but not fully, meets the state or local air pollution control in developing the proposed full/interim requirements of part 70, EPA may grant agency that has independent legal approval are available for inspection the program interim approval for a counsel) demonstrating adequate during normal business hours at the period of up to two years. If EPA has not authority to carry out all aspects of the following location: U.S. Environmental fully approved a program by November title V operating permits program. The Protection Agency, Region 4, 345 15, 1995, or by the end of an interim Metropolitan Government of Nashville Courtland Street, NE, Atlanta, GA program, it must establish and and Davidson County submitted a Legal 30365. implement a Federal operating permits Opinion demonstrating adequate legal FOR FURTHER INFORMATION CONTACT: program for that State or local agency. authority as required by Federal law and Gracy R. Danois, Title V Program II. Proposed Action and Implications regulation. Development Team, Air Programs Section 70.4(b)(4) requires the Branch, Air Pesticides & Toxics A. Analysis of the Nashville-Davidson submission of relevant permitting Management Division, U.S. County Submission program documentation not contained Environmental Protection Agency, The Metropolitan Health Department in the regulations, such as permit Region 4, 345 Courtland Street, NE, has requested full approval of its title V application forms, permit forms, and Atlanta, GA 30365, (404) 347–3555, operating permits program, which relevant guidance to assist in the extension 4150. covers the geographic area of Nashville- County’s implementation of its permit SUPPLEMENTARY INFORMATION: Davidson County within the State of program. Appendix 5 of the Nashville- Tennessee. EPA has concluded that the Davidson County submittal includes the I. Background and Purpose operating permit program submitted by permit application forms, permit forms, As required under title V of the Clean the County meets the requirements of and other relevant guidance that the Air Act (‘‘the Act’’) as amended by the title V and part 70, and proposes to County intends to use for the 1990 Clean Air Act Amendments, EPA grant full/interim approval to the implementation of its permit program. promulgated rules on July 21, 1992 (57 program. For detailed information on EPA has determined that the application FR 32250) that define the minimum the analysis of the Nashville-Davidson forms meet the requirements of 40 CFR elements of an approvable state or local County submission, please refer to the 70.5(c). operating permits program and the Technical Support Document (TSD) 2. Regulations and Program corresponding standards and contained in the docket at the address Implementation procedures by which the EPA will noted above. approve, oversee, and withdraw Nashville-Davidson County approval of state or local agency 1. Program Support Materials developed Regulation No. 13 for the operating permits programs. These rules Pursuant to section 502(d) of the Act, implementation of the substantive are codified at 40 Code of Federal each state or local authority must requirements of 40 CFR part 70. The Regulations (CFR) part 70. Title V and develop and submit to the County also made changes to Chapter part 70 require states or authorized local Administrator an operating permits 10.56 of the Metropolitan Code of Law agencies to develop, and submit to EPA, program under state or local law or (M.C.L.) to implement other part 70 programs for issuing operating permits under an interstate compact meeting the requirements. These provisions, and to all major stationary sources and to requirements of title V of the Act. On several other rules and statutes certain other sources. November 13, 1993, the Tennessee providing for the County’s permitting The Act requires that states or Department of Environment and and administrative actions, were authorized local agencies develop and Conservation (TDEC) requested, under submitted by Nashville-Davidson submit these programs to EPA by the signature of the Tennessee County with sufficient evidence of November 15, 1993, and that EPA act to Governor’s designee, approval of the procedurally correct adoption as approve or disapprove each program Nashville-Davidson County operating required by 40 CFR 70.4(b)(2). within one year after receiving the permit program with full authority to The Nashville-Davidson County submittal. If the state or authorized local administer the program in all areas of program, in sections 13.2, 13.3 of agency submission is materially the County. The County has been Regulation No. 13, and M.C.L. section changed during the one year review delegated authority to implement part 10.56.10, meets the requirements of 40 period, 40 CFR 70.4(e)(2) allows EPA to 70 under Tennessee law (Tennessee CFR 70.2 and 70.3 with regard to extend the review period for no more Code Annotated (TCA), section 68–25– applicability. Sections 13.3, 13.4 and than one year following receipt of the 115). The TDEC supplemented the 13.5 of Regulation No. 13, meet the additional material. EPA received the County’s program submittal on April 19, requirements of 40 CFR 70.4, 70.5, and Nashville-Davidson County title V 1994, September 27, 1994, and 70.6 for permit content (including operating permit program submittal on December 28, 1994. operational flexibility) and complete November 13, 1993. Nashville-Davidson The Nashville-Davidson County permit application forms. The County’s County provided EPA with additional submittal addresses, in Section 70.4 program does not provide for off-permit material in supplemental submittals entitled ‘‘State Program Submittal and changes as described in 40 CFR dated April 19, 1994, September 27, Transition,’’ the requirements of 40 CFR 70.4(b)(14). 52892 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules
Section 70.4(b)(2) requires states or authority to define ‘‘prompt’’ in relation Sections 13.5 and 13.6 of Regulation local agencies to include any criteria to the degree and type of deviation No. 13 in the Nashville-Davidson used to determine insignificant likely to occur and the applicable County program meet the permit activities or emission levels for the requirements. Although the permit processing requirements (including purpose of determining complete program regulations should define public participation and minor permit applications. Section 70.5(c) states that ‘‘prompt’’ for purposes of administrative modifications) of 40 CFR 70.7 and 70.8. an application for a part 70 permit may efficiency and clarity, an acceptable Sections 90 and 150 of M.C.L. Chapter not omit information needed to alternative is to define ‘‘prompt’’ in each 10.56 and T.C.A. 68–210–112 address determine the applicability of, or to individual permit. EPA believes that the enforcement authority requirements impose, any applicable requirement, or ‘‘prompt’’ should generally be defined of 40 CFR 70.11. to evaluate appropriate fee amounts. as requiring reporting within two to ten The aforementioned TSD contains the Section 70.5(c) also states that EPA may days of the deviation. Two to ten days detailed analysis of the Nashville- approve, as part of a state or local is sufficient time in most cases to Davidson County program and describes program, a list of insignificant activities protect public health and safety as well the manner in which the County’s and emissions levels which need not be as to provide a forewarning of potential program meets all of the operating included in permit applications. Under problems. For sources with a low level permit program requirements of 40 CFR part 70, a state or local agency must of excess emissions, a longer time part 70. request and EPA may approve as part of period may be acceptable. However, 3. Permit Fee Demonstration a state or local program any activities or prompt reporting must be more frequent emission levels that they wish to than the semiannual reporting Section 502(b)(3) of the Act requires consider insignificant. Part 70, however, requirement, given this is a distinct each permitting authority to collect fees does not establish emissions thresholds reporting obligation under 40 CFR sufficient to cover all reasonable direct for insignificant activities. EPA has 70.6(a)(3)(iii)(A). Where ‘‘prompt’’ is and indirect costs necessary for the accepted emissions thresholds of five defined in the individual permit but not development and administration of its tons per year for criteria pollutants, and in the program regulations, EPA may title V operating permit program. Each the lesser of 1000 pounds per year or veto permits that do not require title V program submittal must contain section 112(g) de minimis levels for sufficiently prompt reporting of either a detailed demonstration of fee HAP, as reasonable. deviations. Nashville-Davidson County adequacy or a demonstration that The provisions addressing the has proposed to define ‘‘prompt’’ in aggregate fees collected from title V insignificant activities list of Nashville- section 13.4 of Regulation No. 13. sources meet or exceed $25 per ton of Davidson County can be found in emissions per year (adjusted from 1989 M.C.L. section 10.56.050. This section Nashville-Davidson County has the by the Consumer Price Index (CPI)). The provides for the exemption of certain authority to issue variances from $25 per ton is presumed, for program emissions units or pollutant-emitting requirements imposed by local law approval, to be sufficient to cover all activities from the title V permitting under M.C.L. section 10.56.130. EPA reasonable program costs and is thus process. As required by 40 CFR 70.5(c), regards this provision as wholly referred to as the ‘‘presumptive the County proposed revisions to M.C.L. external to the program submitted for minimum.’’ section 10.56.050 on July 29, 1995, to approval under part 70, and Nashville-Davidson County has ensure that information needed to consequently proposes to take no action elected to adopt the ‘‘presumptive determine the applicability of, or to on this provision of local law. EPA has minimum’’ of $25/ton (annually impose, any applicable requirement, or no authority to approve provisions of adjusted by the CPI) for each regulated to collect any permit fees is not local law, such as the variance provision pollutant. The fee demonstration excluded from the application. referred to, that are inconsistent with included in the program submittal Specifically the new provision, M.C.L. title V. EPA does not recognize the indicates that the fees collected will section 10.56.050(F), will read as ability of a permitting authority to grant adequately cover the anticipated costs of follows: ‘‘Notwithstanding any relief from the duty to comply with a the operating permit program. exemptions in this Section, any Federally enforceable part 70 permit, 4. Provisions Implementing the application submitted in accordance except where such relief is granted Requirements of Other Titles of the Act with Section 10.56.020 and Section through the procedures allowed by part 10.50.040 of this Chapter shall include 70. A part 70 permit may be issued or a. Authority for Section 112 all emission sources and quantify revised (consistent with part 70 Implementation. In its program emissions if needed to determine major permitting procedures) to incorporate submittal, Nashville-Davidson County source status, to determine compliance those terms of a variance that are demonstrates adequate legal authority to with an applicable requirement and/or consistent with applicable implement and enforce all Section 112 the applicability of any applicable requirements. A part 70 permit may also requirements through the title V permit. requirement such as a NSPS, NESHAPS, incorporate, via part 70 permit issuance This legal authority is contained in or MACT standard, etc., or in [the] or modification procedures, the M.C.L. section 10.56.210, and in section calculation [of] permit fees in schedule of compliance set forth in a 13.1 of Regulation No. 13 where the accordance with Section 10.56.080.’’ variance. However, EPA reserves the term ‘‘applicable requirements’’ is EPA has determined that the right to pursue enforcement of defined. EPA has determined that this proposed provision is acceptable and, as applicable requirements legal authority is sufficient to allow the a condition of full approval, the County notwithstanding the existence of a local agency to issue permits that assure plans to expeditiously adopt the compliance schedule in a permit to compliance with all section 112 proposed changes prior to EPA’s final operate. This is consistent with 40 CFR requirements. action on the County’s program. 70.5(c)(8)(iii)(C), which states that a EPA is interpreting the above legal Part 70 requires prompt reporting of schedule of compliance ‘‘shall be authority to mean that Nashville- deviations from the permit supplemental to, and shall not sanction Davidson County is able to carry out all requirements. The contents of 40 CFR noncompliance with, the applicable section 112 activities with respect to 70.6(a)(3)(iii)(B) require the permitting requirements on which it is based.’’ part 70 and non-part 70 sources. For Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52893 further rationale on this interpretation, effect if EPA decides in the final section portion of the County’s title V program please refer to the TSD. 112(g) rule that sources are not subject has been established. Nashville- b. Implementation of Section 112(g) to the requirements of the rule until Davidson County has committed to Upon Program Approval. EPA issued an local regulations are adopted. The incorporate by reference any new or interpretive notice on February 14, 1995 duration of this approval is limited to 18 revised provisions following (60 FR 8333), which outlines EPA’s months following promulgation by EPA promulgation by EPA. revised interpretation of section 112(g) of the section 112(g) rule to provide applicability. The notice postpones the adequate time for the County to adopt B. Proposed Actions effective date of section 112(g) until regulations consistent with the Federal 1. Full Approval after EPA has promulgated a rule requirements. The EPA is proposing full approval of addressing that provision. The notice c. Program for Delegation of Section the operating permits program sets forth in detail the rationale for the 112 Standards as Promulgated. The revised interpretation. requirements for part 70 program submitted by Nashville-Davidson The section 112(g) interpretative approval, specified in 40 CFR 70.4(b), County on November 12, 1993, and as notice explains that EPA is considering encompass section 112(l)(5) supplemented on April 19, 1994, whether the effective date of section requirements for approval of a state or September 27, 1994, and December 28, 112(g) should be delayed beyond the local program for delegation of section 1994, if appropriate revisions consistent date of promulgation of the Federal rule 112 standards promulgated by EPA as with 40 CFR 70.5(c) are incorporated in so as to allow states time to adopt rules they apply to title V sources. Section M.C.L. section 10.56.050, and adopted implementing the Federal rule, and that 112(l)(5) requires that the County’s prior to final promulgation of this EPA will provide for any such program contain adequate authorities, rulemaking. EPA has determined that additional delay in the final section adequate resources for implementation, the Nashville-Davidson County program 112(g) rulemaking. Unless and until and an expeditious compliance is otherwise adequate to meet the EPA provides for such an additional schedule, which are also requirements minimum elements of an approvable postponement of section 112(g), under part 70. Therefore, EPA also operating permits program as specified Nashville-Davidson County must have a proposes to grant approval, under in 40 CFR part 70. Federally enforceable mechanism for section 112(l)(5) and 40 CFR 63.91, of 2. Interim Approval implementing section 112(g) during the Nashville-Davidson County’s program period between promulgation of the for receiving delegation of future section Alternatively, EPA is proposing to Federal section 112(g) rule and adoption 112 standards and programs that are grant interim approval under 40 CFR of implementing local regulations. unchanged from the Federal rules as 70.4(d) to the Nashville-Davidson EPA is aware that Nashville-Davidson promulgated. In addition, EPA proposes County operating permits program if the County lacks a program designed delegation of all existing standards and change required for full approval, as specifically to implement section 112(g). programs under 40 CFR parts 61 and 63 described above, is not made prior to However, the County does have a for part 70 sources and non-part 70 final promulgation of this rulemaking. preconstruction review program that sources.1 EPA can grant interim approval because can serve as an adequate Nashville-Davidson County has Nashville-Davidson County’s program implementation vehicle during the informed EPA that it intends to accept substantially meets the requirements of transition period because it would allow the delegation of future section 112 part 70 as discussed in section II(A) of the County to select control measures standards using the mechanism of this notice. The interim approval issue that would meet the maximum adoption-by-reference. The details of the noted above will not prevent the County achievable control technology (MACT), County’s use of its delegation from issuing permits that are consistent as defined in section 112, and mechanism are set forth in a letter dated with the part 70 program. incorporate these measures into a December 28, 1994, submitted by the If EPA grants interim approval to the Federally enforceable preconstruction County as a title V program addendum. Nashville-Davidson County program, permit. For this reason, EPA proposes to d. Commitment to Implement Title IV the interim approval would extend for approve the use of Nashville-Davidson of the Act. Nashville-Davidson County two years following the effective date of County’s preconstruction review adopted and incorporated by reference final interim approval, and could not be program found in M.C.L. section the provisions of 40 CFR part 72. On renewed. During the interim approval 10.56.020, under the authority of title V March 29, 1995, EPA published a period, Nashville-Davidson County and part 70, solely for the purpose of Federal Register notice (60 FR 16127) would be protected from sanctions, and implementing section 112(g) to the notifying affected sources that the EPA would not be obligated to extent necessary during the transition County’s acid rain regulation was promulgate, administer and enforce a period between section 112(g) acceptable for purposes of administering Federal permits program for Nashville- promulgation and adoption of a local an acid rain program and that the Davidson County. Permits issued under rule implementing EPA’s section 112(g) Nashville-Davidson County acid rain a program with interim approval are regulations. Although section 112(l) fully effective with respect to part 70. generally provides authority for 1 The radionuclide National Emission Standards The 12-month time period for submittal approval of local air programs to for Hazardous Air Pollutant (NESHAP) is a section of permit applications by sources 112 regulation and therefore, also an applicable implement section 112(g), title V and requirement under the State operating permits subject to part 70 requirements and the section 112(g) provide for this limited program for part 70 sources. There is not yet a three-year time period for processing the approval because of the direct linkage Federal definition of ‘‘major’’ for radionuclide initial permit applications begin upon between the implementation of section sources. Therefore, until a major source definition the effective date of final interim for radionuclide is promulgated, no source would 112(g) and title V. The scope of this be a major section 112 source solely due to its approval. approval is narrowly limited to section radionuclide emissions. However, a radionuclide Following the granting of final interim 112(g) and does not confer or imply source may, in the interim, be a major source under approval, if Nashville-Davidson County approval for purpose of any other part 70 for another reason, thus requiring a part 70 fails to submit a complete corrective permit. EPA will work with the State in the provision under the Act (e.g., section development of its radionuclide program to ensure program for full approval by the date six 110). This approval will be without that permits are issued in a timely manner. months before expiration of the interim 52894 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules approval, EPA would start an 18-month C. Regulatory Flexibility Act FEDERAL COMMUNICATIONS clock for mandatory sanctions. If COMMISSION Nashville-Davidson County then fails to The EPA’s actions under section 502 submit a corrective program that EPA of the Act do not create any new 47 CFR Part 90 finds complete before the expiration of requirements, but simply address that 18-month period, EPA is required operating permits programs submitted [PR Docket No. 88±548, FCC 95±392] to satisfy the requirements of 40 CFR to apply one of the sanctions in section Private Land Mobile Services 179(b) of the Act, which will remain in part 70. Because this action does not Frequency Coordination effect until EPA determines that impose any new requirements, it does Nashville-Davidson County has not have a significant impact on a AGENCY: Federal Communications corrected the deficiency by submitting a substantial number of small entities. Commission. complete corrective program. ACTION: D. Unfunded Mandates Reform Act of Proposed rule; withdrawal. 3. Other Actions 1995 SUMMARY: The Commission has released As discussed previously in section an Order terminating the proceeding of Under Section 202 of the Unfunded II.A.4.b., EPA proposes to approve PR Docket No. 88–548 concerning Mandates Reform Act of 1995 Nashville-Davidson County’s private land mobile services frequency preconstruction review program found (‘‘Unfunded Mandates Act’’), signed coordination. This action was initiated in M.C.L. section 10.56.020, under the into law on March 22, 1995, EPA must by the Commission and is necessary authority of title V and part 70 solely for prepare a budgetary impact statement to because the Notice of Proposed Rule the purpose of implementing section accompany any proposed or final rule Making issued in that proceeding has 112(g) to the extent necessary during the that includes a Federal mandate that become outdated. may result in estimated costs to State, transition period between 112(g) FOR FURTHER INFORMATION CONTACT: promulgation and adoption of a local local, or tribal governments in the Eugene Thomson, Private Wireless rule implementing EPA’s section 112(g) aggregate, or to the private sector, of Division, Wireless Telecommunications regulations. $100 million or more. Under section Bureau, (202) 418–0680. 205, EPA must select the most cost- In addition, as discussed in section SUPPLEMENTARY INFORMATION: This is a II.A.4.c., EPA proposes to grant approval effective and least burdensome summary of an Order adopted on under section 112(l)(5) and 40 CFR alternative that achieves the objectives September 13, 1995, and released on 63.91 to the County’s program for of the rule and is consistent with September 26, 1995. The full text of the receiving delegation of section 112 statutory requirements. Section 203 Order is available for inspection and standards and programs that are requires EPA to establish a plan for copying during normal business hours unchanged from Federal rules as informing and advising any small in the FCC Reference Center, Room 239, promulgated. EPA also proposes to governments that may be significantly 1919 M St. N.W., Washington, DC. The delegate all existing standards under 40 or uniquely impacted by the rule. complete text may be purchased from CFR parts 61 and 63. This program for EPA has determined that the the Commission’s copy contractor, ITS, delegation applies to both part 70 and Inc. 2100 M St. N.W., Washington, DC non-part 70 sources. proposed approval action promulgated today does not include a Federal 20037, telephone (202) 857–3800. III. Administrative Requirements mandate that may result in estimated Summary of Order costs of $100 million or more to State, A. Request for Public Comments a. On August 15, 1989, the local, or tribal governments in the Commission released a Notice of The EPA is requesting comments on aggregate, or to the private sector. This Proposed Rule Making, PR Docket No. all aspects of this proposed full/interim Federal action approves pre-existing approval. Copies of the Nashville- 88–548, 54 FR 35359, August 25, 1989, requirements under State or local law, Davidson County submittal and other proposing to modify frequency and imposes no new Federal information relied upon for the coordination procedures in the private proposed approval are contained in requirements. Accordingly, no land mobile radio services (PLMRS). On docket number TN–NASH–95–01 additional costs to State, local, or tribal June 23, 1995, the Commission released maintained at the EPA Regional Office. governments, or to the private sector, a Report and Order and Further Notice The docket is an organized and result from this action. of Proposed Rule Making, PR Docket complete file of all the information List of Subjects in 40 CFR Part 70 No. 92–235, 60 FR 37152, July 19, 1995, submitted to, or otherwise considered which addressed, among other issues, by, EPA in the development of this Environmental protection, frequency coordination in the PLMRS. proposed full/interim approval. The Administrative practice and procedure, The Report and Order portion of the principal purposes of the docket are: Air pollution control, Intergovernmental item stated that the Commission has (1) to allow interested parties a means relations, Operating permits, and decided to consolidate the private land to identify and locate documents so that Reporting and recordkeeping mobile radio services below 800 MHz, they can effectively participate in the requirements. and requested that the PLMRS approval process, and community and frequency coordinators, (2) to serve as the record in case of Authority: 42 U.S.C. sections 7401–7671q. submit a consensus consolidation plan judicial review. The EPA will consider Dated: September 22, 1995. to the Commission within 90 days of the any comments received by November Patrick M. Tobin, effective date of the Report and Order. 13, 1995. Acting Regional Administrator. Because of our action in PR Docket No. [FR Doc. 95–25069 Filed 10–10–95; 8:45 am] 92–235, the rationale upon which our B. Executive Order 12866 original proposal was based and the BILLING CODE 6560±50±P The Office of Management and Budget comments filed in response to the has exempted this action from Executive proposal are outdated. Therefore, we Order 12866 review. conclude that the public interest will be Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Proposed Rules 52895 best served by terminating this proceeding. b. Accordingly, it is ordered that under the authority contained in Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) this proceeding is terminated without further action. List of Subjects in 47 CFR Part 90 Frequency coordination, Radio. Federal Communications Commission. William F. Caton, Acting Secretary. [FR Doc. 95–25141 Filed 10–10–95; 8:45 am] BILLING CODE 6712±01±M 52896
Notices Federal Register Vol. 60, No. 196
Wednesday, October 11, 1995
This section of the FEDERAL REGISTER Agricultural Research Service receives information is estimated to average contains documents other than rules or written evidence and argument which .33333 hours per response. proposed rules that are applicable to the establishes that the grant of the license Respondents: Individual producers and public. Notices of hearings and investigations, would not be consistent with the Small businesses. committee meetings, agency decisions and requirements of 35 U.S.C. 209 and 37 rulings, delegations of authority, filing of Estimated Number of Respondents: petitions and applications and agency CFR 404.7 114,961. statements of organization and functions are R.M. Parry, Jr., Estimated Number of Responses per examples of documents appearing in this Assistant Administrator. Respondent: 1.1. section. [FR Doc. 95–25166 Filed 10–10–95; 8:45 am] Estimated Total Annual Burden on BILLING CODE 3410±03±M Respondents: 40,337 hours. Requests for copies of this DEPARTMENT OF AGRICULTURE information collection and comments Commodity Credit Corporation Agricultural Research Service regarding the accuracy of the burden Notice of Request for Extension and estimate, ways to minimize the burden, Notice of Intent to Grant Exclusive Revision of a Currently Approved including the use of automated License Information Collection collection techniques, other forms of information technology, or any other AGENCY: Agricultural Research Service, AGENCY: Commodity Credit Corporation, aspect of this collection should be sent USDA. USDA. to the individual named above. ACTION: Notice of intent. ACTION: Notice and request for All responses to this notice will be SUMMARY: Notice is hereby given that comments. summarized and included in the request the U.S. Department of Agriculture, for OMB approval. All comments will SUMMARY: In accordance with the also become a matter of public record. Agricultural Research Service, intends Paperwork Reduction Act of 1995, this to grant to Consep, Inc. of Bend, Oregon, notice announces the Commodity Credit Signed at Washington, DC, on October 3, an exclusive license for U.S. Patent Corporation’s (CCC) intention to request 1995. Application Serial No. 08/231,213 filed an extension for and revision to a Bruce R. Webber, April 22, 1994 and U.S. Patent currently approved information Acting Executive Vice President, Commodity Application Serial No. 08/440,023 filed collection in support of loan deficiency Credit Corporation. May 12, 1995, both entitled ‘‘A Novel payments authorized by the Agricultural [FR Doc. 95–25130 Filed 10–10–95; 8:45 am] Trapping System for Fruit Flies’’. Notice Act of 1949, as amended (the 1949 Act), BILLING CODE 3410±05±P of Availability for U.S. Patent under the following rice, upland cotton, Application Serial No. 08/231,213 was feed grains, wheat, oilseeds, and honey published in the Federal Register on price support programs. Grain Inspection, Packers and June 21, 1994. Serial No. 08/440,023 is DATES: Comments on this notice must be Stockyards Administration a division of Serial No. 08/231,213. received on or before December 11, 1995 Amendment to Certification of Central DATES: Comments must be received by to be assured consideration. no later than December 10, 1995. Filing SystemÐNebraska ADDITIONAL INFORMATION OR COMMENTS: ADDRESSES: Send comments to: USDA, Contact Margaret Wright, Agricultural The Statewide central filing system of ARS, Office of Technology Transfer, Program Specialist, Price Support Nebraska has been previously certified, Room 415, Building 005, BARC-West, Division, USDA, CFSA, PO Box 2415, pursuant to Section 1324 of the Food Baltimore Boulevard, Beltsville, Washington, DC 20013, (202) 720–8481. Security Act of 1985, on the basis of Maryland 20705–2350. SUPPLEMENTARY INFORMATION: information submitted by the Nebraska FOR FURTHER INFORMATION CONTACT: Title: Loan Deficiency Payments Secretary of State, for farm products June Blalock of the Office of Technology OMB Number: 0560–0129 produced in that State (52 FR 49056, Transfer at the Beltsville address given Type of Request: Extension and revision December 29, 1987). above; telephone 301–504–5989. of a currently approved information The certification is hereby amended SUPPLEMENTARY INFORMATION: The collection. on the basis of information submitted by Federal Government’s patent rights to Abstract: The Agriculture Act of 1949, Scott Moore, Secretary of State, for this invention are assigned to the United as amended, provides for the making additional farm products produced in States of America, as represented by the of loan deficiency payments with that State as follows: Secretary of Agriculture. It is in the respect to specified commodities. ostrich public interest to so license this Forms required for requesting these emu invention as Consep, Inc. has submitted payments are used by producers llama a complete and sufficient application for wishing to obtain a loan deficiency a license. The prospective exclusive payment instead of a price support buffalo license will be royalty-bearing and will loan with respect to eligible This is issued pursuant to authority comply with the terms and conditions production. The completed delegated by the Secretary of of 35 U.S.C. 209 and 37 CFR 404.7. The application is used by CCC when Agriculture. prospective exclusive license may be issuing a loan deficiency payment. Authority: Sec. 1324(c)(2), Pub. L. 99–198, granted unless, within sixty days from Estimate of Burden: Public reporting 99 Stat. 1535, 7 U.S.C. 1631(c)(2); 7 CFR the date of this published Notice, the burden for this collection of §§ 2.18(e)(3), 2.56(a)(3), 55 FR 22795. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52897
Dated: October 4, 1995. SUPPLEMENTARY INFORMATION: Category Adjusted twelve-month Calvin W. Watkins, limit 1 Authority: Executive Order 11651 of March Deputy Administrator, Packers and 3, 1972, as amended; section 204 of the Stockyards Programs. 638/639 ...... 1,367,464 dozen. Agricultural Act of 1956, as amended (7 Group II [FR Doc. 95–25169 Filed 10–10–95; 8:45 am] U.S.C. 1854). 201, 218, 220, 222± 76,369,401 square BILLING CODE 3410±KD±P The current limits for certain 224, 226, 227, meters equivalent. categories are being adjusted, variously, 229, 237, 239, for swing and carryforward. 330, 332, 333, DEPARTMENT OF COMMERCE A description of the textile and 349, 352±354, 359±O4, 362, 363, apparel categories in terms of HTS 5 Office of the Secretary numbers is available in the 369±O , 400, 410, 414, 431, 432, CORRELATION: Textile and Apparel 434, 435, 436, Performance Review Board; Categories with the Harmonized Tariff Membership 438, 439, 440, Schedule of the United States (see 442, 444, 459, Below is a listing of individuals who Federal Register notice 59 FR 65531, 464, 465, 469, are eligible to serve on the Performance published on December 20, 1994). Also 603, 604±O6, 606, Review Board in accordance with the see 60 FR 17325, published on April 5, 607, 621, 622, 624, 630, 632, Office of the Secretary Senior Executive 1995. The letter to the Commissioner of 633, 649, 652± Service (SES) Performance Appraisal 7 Customs and the actions taken pursuant 654, 659±O , 665, System: 8 to it are not designed to implement all 666, 669±O , Iain S. Baird 670±O 9, 831±836, of the provisions of the Uruguay Round Stephen C. Browning 838, 839, 840, Agreements Act and the Uruguay Round Carmen G. Lowrey 842±846, 850± Agreement on Textiles and Clothing, but Michael A. Levitt 852, 858, and are designed to assist only in the 859, as a group. Keith Calhoun-Senghor implementation of certain of their Carolyn P. Acree 1 provisions. The limits have not been adjusted to ac- Sonya G. Stewart count for any imports exported after December D. Michael Hutchinson, 31, 1994. Wyndom D. Wynegar 2 Donald E. Humphries Acting Chairman, Committee for the Category 359±S: only HTS numbers Implementation of Textile Agreements. 6112.39.0010, 6112.49.0010, 6211.11.8010, Sandra W. Richardson, 6211.11.8020, 6211.12.8010 and Executive Secretary, Office of the Secretary, Committee for the Implementation of Textile 6211.12.8020; Category 659±S: only HTS Performance Review Board. Agreements numbers 6112.31.0010, 6112.31.0020, October 4, 1995. 6112.41.0010, 6112.41.0020, 6112.41.0030, [FR Doc. 95–25207 Filed 10–10–95; 8:45 am] 6112.41.0040, 6211.11.1010, 6211.11.1020, BILLING CODE 3510±BS±M Commissioner of Customs, 6211.12.1010 and 6211.12.1020. Department of the Treasury, Washington, DC 3 Category 604±A: only HTS number 20229. 5509.32.0000. Dear Commissioner: This directive 4 Category 359±O: all HTS numbers except COMMITTEE FOR THE amends, but does not cancel, the directive Category 359±C: only HTS numbers IMPLEMENTATION OF TEXTILE issued to you on March 30, 1995, by the 6103.42.2025, 6103.49.8034, 6104.62.1020, Chairman, Committee for the Implementation 6104.69.8010, 6114.20.0048, 6114.20.0052, AGREEMENTS 6203.42.2010, 6203.42.2090, 6204.62.2010, of Textile Agreements. That directive 6211.32.0010, 6211.32.0025 and Adjustment of Import Limits for Certain concerns imports of certain cotton, wool, 6211.42.0010; Category 359±S: only HTS Cotton, Wool, Man-Made Fiber, Silk man-made fiber, silk blend and other numbers 6112.39.0010, 6112.49.0010, Blend and Other Vegetable Fiber vegetable fiber textiles and textile products, 6211.11.8010, 6211.11.8020, 6211.12.8010 and 6211.12.8020. Textiles and Textile Products produced or manufactured in Indonesia and exported during the twelve-month period 5 Category 369±O: all HTS numbers except Produced or Manufactured in which began on January 1, 1995 and extends 6307.10.2005. Indonesia through December 31, 1995. 6 Category 604±O: all HTS numbers except Effective on October 11, 1995, you are 5590.32.0000 (Category 604±A). October 4, 1995. directed to amend the directive dated March 7 Category 659±O: all HTS numbers except AGENCY: Committee for the 30, 1995 to adjust the limits for the following 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, Implementation of Textile Agreements categories, as provided for under the Uruguay 6104.63.1030, 6104.69.1000, 6104.69.8014, (CITA). Round Agreements Act and the Uruguay 6114.30.3044, 6114.30.3054, 6203.43.2010, ACTION: Issuing a directive to the Round Agreement on Textiles and Clothing: 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, Commissioner of Customs adjusting 6211.33.0010, 6211.33.0017, 6211.43.0010 Category Adjusted twelve-month limits. limit 1 (Category 659±C); 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, EFFECTIVE DATE: October 11, 1995. Levels in Group I 6112.41.0030, 6112.41.0040, 6211.11.1010, FOR FURTHER INFORMATION CONTACT: 336/636 ...... 564,601 dozen. 6211.11.1020, 6211.12.1010 and 6211.12.1020 (Category 659±S). 338/339 ...... 1,261,166 dozen. Janet Heinzen, International Trade 8 Category 669±O: all HTS numbers except Specialist, Office of Textiles and 341 ...... 843,639 dozen. 6305.31.0010, 6305.31.0020 and Apparel, U.S. Department of Commerce, 350/650 ...... 120,405 dozen. 6305.39.0000 (Category 669±P). 2 (202) 482–4212. For information on the 359±S/659±S ...... 1,226,046 kilograms. 9 Category 670±O: all HTS numbers except quota status of these limits, refer to the 433 ...... 10,144 dozen. 4202.12.8030, 4202.12.8070, 4202.92.3020, 447 ...... 18,232 dozen. 4202.92.3030 and 4202.92.9025 (Category Quota Status Reports posted on the 604±A 3 ...... 412,623 kilograms. 670±L). bulletin boards of each Customs port or 618 ...... 1,883,343 square me- The Committee for the Implementation of call (202) 927–6704. For information on ters. embargoes and quota re-openings, call 625/626/627/628/629 18,094,443 square Textile Agreements has determined that (202) 482–3715. meters. these actions fall within the foreign affairs 52898 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices exception to the rulemaking provisions of 5 implementation of certain of their 4212. For information on the quota U.S.C. 553(a)(1). provisions. status of these limits, refer to the Quota Sincerely, D. Michael Hutchinson, Status Reports posted on the bulletin D. Michael Hutchinson, Acting Chairman, Committee for the boards of each Customs port or call Acting Chairman, Committee for the Implementation of Textile Agreements. (202) 927–6714. For information on Implementation of Textile Agreements. Committee for the Implementation of Textile embargoes and quota re-openings, call [FR Doc. 95–25191 Filed 10–10–95; 8:45 am] Agreements (202) 482–3715. BILLING CODE 3510±DR±F October 4, 1995. SUPPLEMENTARY INFORMATION: Commissioner of Customs, Authority: Executive Order 11651 of March Department of the Treasury, Washington, DC 3, 1972, as amended; section 204 of the Adjustment of Import Limits for Certain 20229. Agricultural Act of 1956, as amended (7 Cotton and Man-Made Fiber Textile Dear Commissioner: This directive U.S.C. 1854). Products Produced or Manufactured in amends, but does not cancel, the directive The current limits for certain Mauritius issued to you on March 30, 1995, by the categories are being adjusted, variously, Chairman, Committee for the Implementation for swing, special shift and October 4, 1995. of Textile Agreements. That directive concerns imports of certain cotton, wool, carryforward. AGENCY: Committee for the man-made fiber, silk blend and other A description of the textile and Implementation of Textile Agreements vegetable fiber textiles and textile products, apparel categories in terms of HTS (CITA). produced or manufactured in Mauritius and numbers is available in the exported during the twelve-month period CORRELATION: Textile and Apparel ACTION: Issuing a directive to the which began on January 1, 1995 and extends Categories with the Harmonized Tariff Commissioner of Customs adjusting through December 31, 1995. Schedule of the United States (see limits. Effective on October 11, 1995, you are Federal Register notice 59 FR 65531, directed to amend the directive dated March 30, 1995 to adjust the limits for the following published on December 20, 1994). Also EFFECTIVE DATE: October 11, 1995. categories, as provided for under the Uruguay see 60 FR 9014, published on February 16, 1995. FOR FURTHER INFORMATION CONTACT: Round Agreements Act and the Uruguay Round Agreement on Textiles and Clothing: The letter to the Commissioner of Jennifer Aldrich, International Trade Customs and the actions taken pursuant Specialist, Office of Textiles and to it are not designed to implement all Category Adjusted twelve-month Apparel, U.S. Department of Commerce, limit 1 of the provisions of the Uruguay Round (202) 482–4212. For information on the Agreements Act and the Uruguay Round quota status of these limits, refer to the Levels not in a Agreement on Textiles and Clothing, but group Quota Status Reports posted on the are designed to assist only in the bulletin boards of each Customs port or 338/339 ...... 457,763 dozen. 638/639 ...... 355,461 dozen. implementation of certain of their call (202) 927–5850. For information on provisions. 1 embargoes and quota re-openings, call The limit has not been adjusted to account D. Michael Hutchinson, for any imports exported after December 31, (202) 482–3715. 1994. Acting Chairman, Committee for the Implementation of Textile Agreements. SUPPLEMENTARY INFORMATION: The Committee for the Implementation of Committee for the Implementation of Textile Authority: Executive Order 11651 of March Textile Agreements has determined that Agreements 3, 1972, as amended; section 204 of the these actions fall within the foreign affairs exception to the rulemaking provisions of 5 October 4, 1995. Agricultural Act of 1956, as amended (7 U.S.C. 553(a)(1). U.S.C. 1854). Commissioner of Customs, Sincerely, Department of the Treasury, Washington, DC The current limit for Categories 338/ D. Michael Hutchinson, 20229. 339 is being increased for swing and Acting Chairman, Committee for the Dear Commissioner: This directive carryforward, reducing the limit for Implementation of Textile Agreements. amends, but does not cancel, the directive Categories 638/639 to account for the [FR Doc. 95–25193 Filed 10–10–95; 8:45 am] issued to you on February 13, 1995, by the Chairman, Committee for the Implementation BILLING CODE 3510±DR±F swing being applied. of Textile Agreements. That directive A description of the textile and concerns imports of certain cotton and man- apparel categories in terms of HTS Adjustment of Import Limits for Certain made fiber textile products, produced or numbers is available in the manufactured in Pakistan and exported Cotton and Man-Made Fiber Textile during the twelve-month period beginning on CORRELATION: Textile and Apparel Products Produced or Manufactured in January 1, 1995 and extending through Categories with the Harmonized Tariff Pakistan December 31, 1995. Schedule of the United States (see Effective on October 11, 1995, you are Federal Register notice 59 FR 65531, October 4, 1995. directed to adjust the limits for the following published on December 20, 1994). Also AGENCY: Committee for the categories, as provided under the Uruguay see 60 FR 17333, published on April 5, Implementation of Textile Agreements Round Agreements Act and the Uruguay 1995. (CITA). Round Agreement on Textiles and Clothing: ACTION: Issuing a directive to the The letter to the Commissioner of Commissioner of Customs adjusting Category Adjusted twelve-month limit 1 Customs and the actions taken pursuant limits. to it are not designed to implement all 239 ...... 968,144 kilograms. EFFECTIVE DATE: October 11, 1995. of the provisions of the Uruguay Round 313/226 ...... 94,733,759 square Agreements Act and the Uruguay Round FOR FURTHER INFORMATION CONTACT: Ross meters. Agreement on Textiles and Clothing, but Arnold, International Trade Specialist, 314 ...... 3,873,681 square me- are designed to assist only in the Office of Textiles and Apparel, U.S. ters. Department of Commerce, (202) 482– 338 ...... 5,183,252 dozen. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52899
an Environmental Impact Statement reasonable alternatives. It is anticipated Category Adjusted twelve-month limit 1 (EIS) to assess the potential that the cumulative impacts of past and environmental impacts of the proposed proposed future facility demolition will 351/651 ...... 264,903 dozen. demolition of multiple historic facilities result in significant adverse impacts to 360 ...... 818,279 numbers. eligible for nomination to the National base cultural resources, and particularly 361 ...... 3,456,322 numbers. 363 ...... 42,897,244 numbers. Register of Historic Places at Wright- to the three historic districts. 369±F/369±P 2 ...... 2,098,183 kilograms. Patterson Air Force Base (WPAFB), Alternatives to the proposed demolition 369±R 3 ...... 9,791,519 kilograms. Ohio. It is anticipated that the proposed under consideration include: 369±S 4 ...... 640,590 kilograms. action and alternatives would impact 638/639 ...... 121,255 dozen. the following resources: Cultural Alternative 1—No Action Alternative The buildings would be retained in 1 The limits have not been adjusted to ac- resources (specifically, historic count for any imports exported after December properties), health and safety issues their current capacity and would be 31, 1994. (e.g., asbestos and lead-based paint), maintained and utilized in a manner 2 Category 369±F: only HTS number socioeconomics, visual resources, land similar to their present use. 6302.91.0045; Category 369±P: only HTS use, transportation (including parking), numbers 6302.60.0010 and 6302.91.0005. Alternative 2—Adaptive Reuse 3 Category 369±R: only HTS number air quality, and noise. The EIS will 6307.10.2020. provide the decisionmakers and the This alternative would consist of 4 Category 369±S: only HTS number public with the information required to altering the existing use of the facilities 6307.10.2005. understand the future consequences of and either returning the facilities to The Committee for the Implementation of the proposed action and alternatives. their original use or adapting the Textile Agreements has determined that Due to defense cutbacks, military facilities for suitable alternative use. these actions fall within the foreign affairs installations are being required to Many of the historic facilities are no exception to the rulemaking provisions of 5 reduce the number of square feet of base longer used for the function for which U.S.C. 553(a)(1). facilities. In addition, any military Sincerely, they were constructed. construction of new facilities must be D. Michael Hutchinson, offset by a reduction in the square Alternative 3—Mothballing Acting Chairman, Committee for the footage of existing buildings. An This alternative is included in a Implementation of Textile Agreements. ongoing program to reduce excess category of alternatives known as [FR Doc. 95–25192 Filed 10–10–95; 8:45 am] square footage is in effect at WPAFB. ‘‘banking the facilities,’’ whereby BILLING CODE 3510±DR±F This program addresses a total of 54 buildings are vacated but preserved for facilities that have been proposed for future use. Mothballing would include demolition through the year 2000. documenting the significant features, DEPARTMENT OF DEFENSE The base contains a number of conducting a condition assessment, significant cultural resources, including stabilizing and securing the building, Department of the Air Force the Huffman Prairie Flying Field, a providing adequate ventilation to the portion of the Dayton Aviation Heritage Notice of ExtensionÐFinal interior, securing utilities and National Historical Park, and five Environmental Impact Statement for mechanical systems, and developing potential National Historic Districts. Alaska Military Operations Areas and implementing a maintenance and Three of these districts, the Fairfield Air monitoring plan. The comment period for the Alaska Depot Historic District (FADHD), the Military Operation Areas (MOAs) Final Wright Field Historic District (WFHD), Alternative 4—Stabilization Environmental Impact Statement (EIS) and the Army Air Forces Historic This alternative is a type of ‘‘banking’’ is extended for an additional 30 days. District (AAFHD) contain the facilities alternative. Stabilization would involve The new closing date for receipt of proposed for demolition. The FADHD stabilizing the structure (e.g., bracing, comments is November 10, 1995. Please includes the original 40-acre tract of reinforcement), turning off utilities, send any written comments to 611 ASG/ land for the World War I Fairfield Air controlling pests by securing outside LGV, 6900 9th Street, Suite 361, Depot that represents the earliest openings, securing the exterior from Elmendorf AFB, AK 99506–2270. For military presence at what is now moisture penetration, providing further information, please contact the WPAFB, and a portion of adjacent periodic monitoring, and developing a Alaska MOA EIS Team between the Wilbur Wright Field, which was leased minimal maintenance plan. hours of 8 a.m. and 5 p.m., Monday by the government during the war and Alternative 5—Pickling through Friday, at (907) 552–4151 (voice later became part of the combined line) or fax comments to (907) 552– Fairfield Air Depot complex. The WFHD This alternative is a type of ‘‘banking’’ 0170. A 24-hour answering machine can includes the original Wright Field alternative. Pickling would consist of be reached at 1–800–538–6647. complex, constructed between 1926 and turning off all utilities, with no Patsy J. Conner, 1931, that served as headquarters for the environmental controls. Air Force Federal Register Liaison Officer. Materiel Division of the U.S. Army Air Corps. The AAFHD was constructed Alternative 6—Combination of [FR Doc. 95–25075 Filed 10–10–95; 8:45 am] between 1941 and 1945 in support of Alternatives BILLING CODE 3910±01±P World War II mobilization and includes Under this alternative, a combination expanded wartime flying, modification, of the alternatives above (demolition, no Final Notice of Intent to Prepare an testing, and maintenance facilities. action, adaptive reuse, and banking) Environmental Impact Statement for Of the 54 facilities considered for would be implemented. Some buildings the Proposed Demolition of Historic demolition under the ongoing program would be demolished while others Facilities at Wright-Patterson Air Force at WPAFB, 23 facilities are potentially could be reused, banked for possible Base, OH eligible for nomination to the National future use, or continued in their current Register of Historic Places. The use. The United States Air Force (Air structures will be evaluated for impacts To provide a forum for public officials Force) announces its intent to prepare resulting from the proposed action and and the community to provide 52900 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices information and comments, a scoping Command, 19917 7th Avenue NE., that have been declared surplus to the meeting will be held on Thursday, Poulsbo, WA 98370–7570, telephone needs of the federal government. October 26, 1995 from 7:30 to 9:30 PM (360) 396–0908. Land at Fairborn High School Auditorium, SUPPLEMENTARY INFORMATION: In 1991, 900 E. Dayton-Yellow Springs Road, Naval Station Puget Sound (Sand Point), Approximately 137 acres of improved Fairborn, Ohio. The purpose of this Seattle, WA, was designated for closure and unimproved fee simple land at the meeting is to present information pursuant to the Defense Base Closure Naval Station Puget Sound (Sand Point), concerning the proposed action and and Realignment Act of 1990, Public Seattle, WA located in King County, in alternatives under consideration and to Law 101–510, as amended. On the northeastern portion of the City of solicit public input regarding the issues September 20, 1995 the land and Seattle, Washington. In general, all areas to be evaluated and other reasonable facilities, described below, located at will be available September 30, 1995. alternatives that should be included. For Sand Point were determined surplus to Excluded from the determination of persons unable to attend the scoping the needs of the federal government and surplus are: meeting, written comments and available for use by state and local —Approximately 11 acres of property, questions are welcome and will receive governments, representatives of the which will be transferred to the the same weight as oral comments homeless and other interested parties. Department of Commerce’s National received at the scoping meeting. Oceanic and Atmospheric To ensure that the Air Force will have Election to Proceed Under New Administration (NOAA), includes sufficient time to consider public input Statutory Procedures Bldg. 27 to be used to meet an on issues and alternatives in the The Act was signed into law on immediate need for additional bulk preparation of the draft EIS, comments October 25, 1994. Section 2 of the Act storage capacity at NOAA’s Western should be submitted to the address gives the redevelopment authority at Regional Center (WRC). Also included below within 30 days after the date of base closure sites the option of in the 11 acres is the NOAA access the scoping meeting. The Air Force will following new procedures with regard road which has been used by NOAA accept comments at the address below to the manner in which the under a Memorandum of Agreement at any time during the environmental redevelopment plan for the base is with the Navy since 1977. The access impact analysis process. formulated and approved and how road is the only direct means of access For further information concerning requests are made for future use of the to its WRC. the preparation of the EIS for the facility property by homeless assistance —Approximately 4 acres of property, demolition program at WPAFB, or to providers and non-federal public which will be transferred to the provide written comments, contact: agencies. On December 20, 1994, the Department of the Interior’s National Tom Perdue, 88 ABW/EME, 5490 City of Seattle submitted a timely Biological Service for use by their Pearson Road, Wright-Patterson AFB, request to be covered by the provisions Northwest Biological Science Center, OH 45433–5332. of the Act. Accordingly, this notice of includes several support structures Patsy J. Conner, information regarding the (Bldgs. 60, 61, and 204). A Use Air Force Federal Register Liaison Officer. redevelopment authority fulfills the Agreement with the Navy has existed [FR Doc. 95–25184 Filed 10–10–95; 8:45 am] Federal Register publication since 1959. Included in the 4 acre BILLING CODE 3910±01±P requirement of section 2(e)(3) of the Act. transfer is the unrestricted access via Also, pursuant to paragraph (7)(B) of NE. 65th Street that leads to the section 2905(b) of the Defense Base Warren G. Magnuson Park. Department of the Navy Closure and Realignment Act of 1990, as Buildings Community Redevelopment Authority amended by the Act, the following information regarding the The following is a summary of the and Available Surplus Buildings and facilities located on the above described Land at Military Installations redevelopment authority and surplus property at the former Naval Station land which will also be available Designated for Closure: Naval Station September 30, 1995. Property numbers Puget Sound (Sand Point), Seattle, WA Puget Sound (Sand Point), Seattle, WA, is published in the Federal Register. are available on request. SUMMARY: This Notice provides —Bachelor housing (2 structures). information regarding the Redevelopment Authority Comments: Approx. 55,546 square redevelopment authority established to The redevelopment authority for feet. plan the reuse of the former Naval Naval Station Puget Sound (Sand Point), —Enlisted barracks (1 structure). Station Puget Sound (Sand Point), Seattle, WA for purposes of Comments: Approx. 223,516 square Seattle, WA, the surplus property that is implementing the provisions of the feet. Portions of this building have located at that base closure site, and the Defense Base Closure and Realignment been converted to administration timely election by the redevelopment Act of 1990, as amended, is the City of space. Also includes a galley facility. authority to proceed under the Base Seattle. The point of contact for —Fire protection facilities (1 structure). Closure Community Redevelopment and information regarding the City’s Reuse Comments: Approx. 14,137 square Homeless Assistance Act of 1994, Public Plan is Bridgett Chandler, City of feet. Law 103–421 (the Act). Seattle, Office of Management and —Hazardous storage facilities (1 FOR FURTHER INFORMATION CONTACT: Planning, 600 4th Avenue, Room 200, structure). Comments: Approx. 548 John J. Kane, Director, Department of Seattle, WA 98104–1826, telephone square feet. the Navy, Real Estate Operations (206) 684–8271, facsimile (206) 233– —Maintenance facilities (3 structures). Division, Naval Facilities Engineering 0047. Comments: Approx. 93,850 square Command, 200 Stovall Street, feet. Surplus Property Description Alexandria, VA 22332–2300, telephone —Miscellaneous facilities (5 structures). (703) 325–0474, or Mike Brady, Realty The following is a listing of the land Comments: Small buildings, sentry Specialist, Engineering Field Activity, and facilities at the former Naval Station posts, etc. Northwest, Naval Facilities Engineering Puget Sound (Sand Point), Seattle, WA —Miscellaneous paved areas. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52901
—Office/administration buildings (8 that base closure site, and (c) the timely Also, pursuant to paragraph (7)(B) of structures). Comments: Approx. election by the redevelopment authority section 2905(b) of the Defense Base 227,784 square feet. to proceed under new procedures set Closure and Realignment Act of 1990, as —Officers quarters (5 individual forth in the Base Closure Community amended by the Base Closure houses). Comments: Approx. 22,259 Redevelopment and Homeless Community Redevelopment and square feet. Assistance Act of 1994. Homeless Assistance Act of 1994, the —Recreational facilities (14 structures). following information regarding the FOR FURTHER INFORMATION CONTACT: John Comments: Approx. 75,938 square redevelopment authority for and surplus J. Kane, Director, Department of the feet. Gymnasium, bowling alley, boat property at the Naval Air Station, Navy, Real Estate Operations, Naval facilities, hobby shop, picnic sheds, Barbers Point, HI is published in the Facilities Engineering Command, 200 softball fields, swimming pool. Federal Register. —Stores and service facilities (10 Stovall Street, Alexandria, VA 22332– structures). Comments: Approx. 2300, telephone (703) 325–0474, or Mr. Redevelopment Authority 133,838 square feet. Commissary and J. M. Kilian, Director, Real Estate The redevelopment authority for the Exchange, small retail. Division, Pacific Division, Naval Naval Air Station, Barbers Point, HI, for —Utility facilities (25 structures). Facilities Engineering Command, Pearl purposes of implementing the Comments: Electrical, steam, water, Harbor, HI 96860–7300, telephone (808) provisions of the Defense Base Closure sewage. 471–3217. For more detailed and Realignment Act of 1990, as —Warehouse/storage facilities (6 information regarding particular amended, is the Barbers Point Naval Air structures). Comments: Approx. properties identified in this Notice (i.e., Station Redevelopment Commission, 587,177 square feet. acreage, floor plans, sanitary facilities, chaired by the Director, Office of State exact street address, etc.), contact Mr. Expressions of Interest Planning. The Commission was Rusty Vinoya, Deputy Staff Civil appointed by the Governor of Hawaii to Pursuant to paragraph 7(C) of section Engineer, Naval Air Station, Barbers provide advice concerning the 2905(b) of the Defense Base Closure and Point, HI 96862–5050, telephone (808) redevelopment of the closing Air Realignment Act of 1990, as amended, 684–8201. Station. A cross section of community State and local governments, interests is represented on the representatives of the homeless, and SUPPLEMENTARY INFORMATION: In 1993, the Naval Air Station, Barbers Point, HI, Commission. Day to day operations of other interested parties located in the the Commission are handled by an vicinity of the former Naval Station was designated for closure pursuant to the Defense Base Closure and Executive Director. The address of the Puget Sound (Sand Point), Seattle, WA, redevelopment authority is Barbers may submit to the City of Seattle (as the Realignment Act of 1990, Public Law 101–510, as amended. Pursuant to this Point Naval Air Station Redevelopment redevelopment authority) a notice of Commission, PO Box 3540, Honolulu, interest, of such governments, designation, on September 26, 1995, land and facilities at this installation HI 96811–3540, telephone (808) 587– representatives and parties in the above 3843 and facsimile (808) 587–2848. described surplus property, or any were declared surplus to the federal portions thereof. A notice of interest government and available for use by (a) Surplus Property Descriptions non-federal public agencies pursuant to shall describe the need of the The following is a listing of the land government, representative and party various statutes which authorize conveyance of property for public and facilities at the Naval Air Station, concerned for the desired surplus Barbers Point, Oahu, HI, that were property. Pursuant to paragraphs 7 (C) projects, and (b) homeless assistance provider groups pursuant to the Stewart declared surplus to the federal and (D) of said section 2905(b), the government on September 26, 1995. redevelopment authority shall assist B. McKinney Homeless Assistance Act interested parties in evaluating the (42 U.S.C. 11411), as amended. Land surplus property for the intended use Election to Proceed Under New Approximately 2,146.9 acres of and publish in a newspaper of general Statutory Procedures improved and unimproved fee simple circulation in Seattle the date by which land at the U.S. Naval Air Station, expressions of interest must be Subsequently, the Base Closure Barbers Point, on the island of Oahu, submitted. Community Redevelopment and State of Hawaii. In general, all areas will Homeless Assistance Act of 1994 (Pub. Dated: September 27, 1995. be available upon the closure of the air L. 103–421) was enacted. Section 2 of M.D. Schetzsle, station, anticipated for July 1999. this statute gives the redevelopment The surplus property includes LT, JAGC, USNR, Alternate Federal Register authority at base closure sites the option Liaison Officer. approximately 48 acres currently of proceeding under new procedures utilized by the U. S. Coast Guard in [FR Doc. 95–25134 Filed 10–10–95; 8:45 am] with regard to the manner in which the support of flight operations. If the reuse BILLING CODE 3810±FF±P redevelopment plans for the closing plan provides for the operation of an base are formulated and how requests airfield which can support the Coast Community Redevelopment Authority are made for future use of the property Guard operational requirements, this and Available Surplus Buildings and by homeless assistance providers and parcel may be withdrawn from surplus. Land at Military Installations non-federal public agencies. On December 2, 1994, the Governor of Buildings Designated for Closure: Naval Air The following is a summary of the Station, Barbers Point, Oahu, HI Hawaii submitted a timely request to proceed under the new procedures. facilities located on the above described SUMMARY: This Notice provides Accordingly, this notice fulfills the land which will also be available when information regarding (a) the Federal Register publication the station closes in July 1999, unless redevelopment authority that has been requirement of section 2(e)(3) of the otherwise indicated. Property numbers established to plan the reuse of the Base Closure Community are available on request. Naval Air Station, Barbers Point, HI, (b) Redevelopment and Homeless —Aircraft support facilities. Comments: the surplus property that is located at Assistance Act of 1994. Includes 3 hangars (276,809 square 52902 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
feet), runways, taxiways, aircraft and publish in a newspaper of general FERC ¶ 61,495) and Ordering Paragraph parking aprons, and air traffic control circulation in Hawaii the date by which (C) of the Commission’s June 1, 1992 tower. expressions of interest must be Order on Rehearing Denying Request —Aircraft revetments (43 structures). submitted. In accordance with section Not To Submit Information, And Comments: Approx. 96,320 square 2(e)(6) of said Base Closure Community Granting In Part And Denying In Part feet. Concrete construction. Redevelopment and Homeless Privileged Treatment. Pursuant to 18 —Ammunition storage (32 structures). Assistance Act of 1994, expressions of CFR 385.211, WSPP has requested Comments: Approx. 30,992 square interest are being solicited by the privileged treatment for some of the feet. Barbers Point Naval Air Station information filed consistent with the —Automotive Repair (1 structure). Redevelopment Commission with a June 21, 1992 order. Copies of WSPP’s Comments: Approx. 4,032 square feet. submission deadline of November 15, informational filing are on file with the —Barracks (5 structures). Comments: 1995. Commission, and the non-privileged Approx. 116,495 square feet. Dated: September 28, 1995. portions are available for public —Dining Facility (3 structures) inspection. Comments: Approx. 9,974 square feet. M.D. Schetzsle, —Fire Station (2 structures). Comments: LT, JAGC, USNR, Alternate Federal Register 3. New England Power Company Approx. 11,308 square feet. Liaison Officer. [Docket Nos. ER95–267–006 EL95–25–000] —Miscellaneous facilities (23 [FR Doc. 95–25135 Filed 10–10–95; 8:45 am] Take notice that on September 18, structures). Comments: Approx. BILLING CODE 3810±FF±P 1995, New England Power Company 16,990 square feet. Includes filling (NEP) made a compliance filing in the station, pavilion, and security gate above referenced, consolidated dockets. house. DEPARTMENT OF ENERGY NEP’s compliance filing is made —Office/administration buildings (5 pursuant to the Commission’s August 2, structures). Comments: Approx. Federal Energy Regulatory 1995 order in this proceeding and a 57,662 square feet. Commission Stipulation and Agreement between —Paved areas. Comments: Includes [Docket No. EG95±54±000, et al.] NEP and the Town of Norwood, roads, sidewalks, and parking areas. Massachusetts, which was approved by —Recreational facilities (12 structures). Coastal Wuxi Power Ldt., et al.; the Commission on September 14, 1995. Comments: Approx. 6,889 square feet. Electric Rate and Corporate Regulation NEP requests an effective date of Includes tennis court, handball Filings November 17, 1995 for this compliance courts, and restroom. filing. —Utilities. Comments: 29 electrical October 2, 1995. Comment date: October 16, 1995, in substations/transformer stations, 1 Take notice that the following filings accordance with Standard Paragraph E telephone exchange, telephone, have been made with the Commission: at the end of this notice. electric, water, and sewage utility 1. Coastal Wuxi Power Ltd. systems. 4. PacifiCorp —Warehouse/storage facilities (34 [Docket No. EG95–94–000] [Docket No. ER95–646–000] structures) Comments: Approx. On September 22, 1995, Coastal Wuxi Take notice that PacifiCorp on 124,482 square feet. Power, Ltd. (‘‘Applicant’’), West Wind September 1, 1995, tendered for filing —Weapons Area (5 structures). Building, P.O. Box 1111, Grand an amended filing in this Docket. Comments: Approx. 12,300 square Cayman, Cayman Islands, B.W.I., filed Copies of this filing were supplied to feet. with the Federal Energy Regulatory the City of Anaheim, California, the Commission an application for Expressions of Interest Public Utilities Commission of the State determination of exempt wholesale of California, the Washington Utilities Pursuant to paragraph 7(C) of section generator status pursuant to Part 365 of and Transportation Commission and the 2905(b) of the Defense Base Closure and the Commission’s regulations. Public Utility Commission of Oregon. Realignment Act of 1990, as amended Applicant, a Cayman Islands Comment date: October 16, 1995, in by the Base Closure Community Corporation, intends to have an accordance with Standard Paragraph E Redevelopment and Homeless ownership interest in certain generating at the end of this notice. Assistance Act of 1994, State and local facilities in China. These facilities will governments, representatives of the consist of a 40 MW electric generating 5. PacifiCorp homeless, and other interested parties facility located in Wuxi City, Jiangsu [Docket No. ER95–1240–001] located in the vicinity of the Naval Air Province, China including a diesel-fired Take notice that on September 19, Station, Barbers Point, Oahu, HI, shall gas turbine peaking unit and related 1995, PacifiCorp tendered for filing its submit to the said redevelopment interconnection facilities. compliance filing in the above- authority (Barbers Point Naval Air Comment date: October 17, 1995, in referenced docket. Station Redevelopment Commission) a accordance with Standard Paragraph E Comment date: October 16, 1995, in notice of interest, of such governments, at the end of this notice. The accordance with Standard Paragraph E representatives and parties in the above Commission will limit its consideration at the end of this notice. described surplus property, or any of comments to those that concern the portion thereof. A notice of interest adequacy or accuracy of the application. 6. Wickford Energy Marketing, L.C. shall describe the need of the [Docket No. ER95–1415–000] 2. Western Systems Power Pool government, representative, or party On August 29, 1995, and September concerned for the desired surplus [Docket No. ER91–195–021] 15, 1995, Wickford Energy Marketing, property. Pursuant to paragraphs 7 (C) Take notice that on July 31, 1995, the L.C. tendered for filing two amendments and (D) of said section 2905(b), the Western Systems Power Pool (WSPP) to its filing in this docket. redevelopment authority shall assist filed certain information as required by These amendments pertain to an interested parties in evaluating the Ordering Paragraph (D) of the original and a revised Rate Schedule surplus property for the intended use Commission’s June 27, 1991 Order (55 FERC No. 1. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52903
Comment date: October 16, 1995, in the Louisiana Public Service 13. Consolidated Edison Company of accordance with Standard Paragraph E Commission and the Public Utility New York, Inc. at the end of this notice. Commission of Texas. [Docket No. ER95–1769–000] Comment date: October 16, 1995, in 7. Vastar Power Marketing, Inc. accordance with Standard Paragraph E Take notice that on September 15, [Docket No. ER95–1685–000] at the end of this notice. 1995, Consolidated Edison Company of New York, Inc. (Con Edison) tendered On September 20, 1995, and 10. Public Service Company of for filing an agreement with CMEX September 26, 1995, Vastar Power Oklahoma Energy, Inc. (CMEX) to provide for the Market, Inc. tendered for filing two [Docket No. ER95–1766–000] sale and purchase of energy and amendments to its filing in this docket. capacity. For energy sold by Con Edison These amendments pertain to an Take notice that on September 15, 1995, Public Service Company of the ceiling rate is 100 percent of the original and a revised Rate Schedule incremental energy cost plus up to 10 FERC No. 1. Comment date: October 17, Oklahoma (PSO) submitted three service agreements, each dated August 16, 1995, percent of the SIC in (where such 10 1995, in accordance with Standard percent is limited to 1 mill per KWhr Paragraph E at the end of this notice. establishing Central Power and Light Company (CPL), Southwestern Electric when the SIC in the hour reflects a 8. Texas Utilities Electric Company Power Company (SWEPCO) and West purchased power resource). The ceiling rate for capacity sold by Con Edison is [Docket No. ER95–1764–000] Texas Utilities Company (WTU) as $7.70 per megawatt hour. All energy Take notice that on September 15, customers under the terms of SWEPCO’s umbrella Coordination Sales Tariff and capacity sold by CMEX will be at 1995, Texas Utilities Electric Company market-based rates. (TU Electric) tendered for filing five CST–1 (CST–1 Tariff). PSO requests an effective date of Con Edison states that a copy of this executed transmission service August 16, 1995, and accordingly, seeks filing has been served by mail upon agreements (TSAs) with Central & South waiver of the Commission’s notice CMEX. West Services, Inc., Enron Power requirements. Copies of this filing were Comment date: October 16, 1995, in Marketing, Inc. and Electric served upon CPL, SWEPCO, WTU, the accordance with Standard Paragraph E Clearinghouse, Inc. for certain Economy Oklahoma Corporation Commission. at the end of this notice. Energy Transmission Service under TU Comment date: October 16, 1995, in Electric’s Tariff for Transmission 14. Consolidated Edison Company of accordance with Standard Paragraph E New York, Inc. Service To, From and Over Certain at the end of this notice. HVDC Interconnections. The TSA’s [Docket No. ER95–1770–000] provide for transmission service to and 11. West Texas Utilities Company Take notice that on September 15, over the East HVDC interconnection. [Docket No. ER95–1767–000] 1995, Consolidated Edison Company of TU Electric requests effective dates for Take notice that on September 15, New York, Inc. (Con Edison) tendered the TSA’s that will permit them to 1995, West Texas Utilities Company for filing an agreement with Phibro, Inc. become effective on the dates service (WTU) submitted three service (Phibro) to provide for the sale and first commenced under each of the agreements, each dated August 16, 1995, purchase of energy and capacity. For TSA’s. Accordingly, TU Electric seeks establishing Central Power and Light energy sold by Con Edison the ceiling waiver of the Commission’s notice Company (CPL), Public Service rate is 100 percent of the incremental requirements. Copies of the filing were Company of Oklahoma (PSO) and energy cost plus up to 10 percent of the served on Central & South West Southwestern Electric Power Company SIC in (where such 10 percent is limited Services, Inc., Enron Power Marketing, (SWEPCO) as customers under the terms to 1 mill per KWhr when the SIC in the Inc. and Electric Clearinghouse, Inc., as of WTU’s umbrella Coordination Sales hour reflects a purchased power well as the Public Utility Commission of Tariff CST–1 (CST–1 Tariff). resource). The ceiling rate for capacity Texas. WTU requests an effective date of sold by Con Edison is $7.70 per Comment date: October 16, 1995, in August 16, 1995, and accordingly, seeks megawatt hour. All energy and capacity accordance with Standard Paragraph E waiver of the Commission’s notice sold by Phibro will be at market-based at the end of this notice. requirements. Copies of this filing were rates. 9. Southwestern Electric Power served upon CPL, PSO, SWEPCO and Con Edison states that a copy of this Company the Public Utility Commission of Texas. filing has been served by mail upon Comment date: October 16, 1995, in Phibro. [Docket No. ER95–1765–000] accordance with Standard Paragraph E Comment date: October 16, 1995, in Take notice that on September 15, at the end of this notice. accordance with Standard Paragraph E 1995, Southwestern Electric Power at the end of this notice. Company (SWEPCO) submitted three 12. Consolidated Edison Company of 15. Consolidated Edison Company of service agreements, each dated August New York, Inc. New York, Inc. 16, 1995, establishing Central Power [Docket No. ER95–1768–000] and Light Company (CPL), Public Take notice that on September 15, [Docket No. ER95–1771–000] Service Company of Oklahoma (PSO) 1995, Consolidated Edison Company of Take notice that on September 15, and West Texas Utilities Company New York, Inc. (Con Edison) tendered 1995, Consolidated Edison Company of (WTU) as customers under the terms of for filing an agreement to provide New York, Inc. (Con Edison) tendered SWEPCO’s umbrella Coordination Sales interruptible transmission service for for filing an agreement with Tenneco Tariff CST–1 (CST–1 Tariff). Aquila Power Corporation (APC). Energy Marketing (TEM) to provide for SWEPCO requests an effective date of Con Edison states that a copy of this the sale and purchase of energy and August 16, 1995, and accordingly, seeks filing has been served by mail upon capacity. For energy sold by Con Edison waiver of the Commission’s notice APC. the ceiling rate is 100 percent of the requirements. Copies of this filing were Comment date: October 16, 1995, in incremental energy cost plus up to 10 served upon CPL, PSO, WTU, the accordance with Standard Paragraph E percent of the SIC in (where such 10 Arkansas Public Service Commission, at the end of this notice. percent is limited to 1 mill per KWhr 52904 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices when the SIC in the hour reflects a Companies’’) submitted Transmission Company (TNP) and Texas Generating purchased power resource). The ceiling Service Agreements, dated August 19, Company II (TGC II) filed an rate for capacity sold by Con Edison is 1995, and August 17, 1995, establishing amendment to the application in Docket $7.70 per megawatt hour. All energy Electric Clearinghouse, Inc. (ECI) and No. ES95–37–000 et al., requesting that and capacity sold by TEM will be at the Enron Power Marketing, Inc., the Commission: market-based rates. respectively, as customers under the (1) authorize TNP and TGC II to Con Edison states that a copy of this terms of the ERCOT Interpool assume liabilities, as obligor, of a credit filing has been served by mail upon Transmission Service Tariff. facility in the amount of $150 million TEM. The Companies request an effective (‘‘New Credit Facility’’); Comment date: October 16, 1995, in date of August 19, 1995, for the service accordance with Standard Paragraph E agreement with ECI and an effective (2) authorize TNP to issue a maximum at the end of this notice. date of August 17, 1995, for the Service amount of $80 million in first mortgage Agreement with Enron. Accordingly, the bonds as collateral security of 16. Consolidated Edison Company of Companies request waiver of the borrowings under the New Credit New York, Inc. Commission’s notice requirements. Facility; [Docket No. ER95–1772–000] Copies of this filing were served upon (3) authorize TGC II to guarantee the Take notice that on September 15, ECI and the Public Utility Commission New Credit Facility; and 1995, Consolidated Edison Company of of Texas. (4) grant any other authority which New York, Inc. (Con Edison) tendered Comment date: October 16, 1995, in the Commission deems necessary to for filing an agreement to provide accordance with Standard Paragraph E authorize TNP and TGC II to participate interruptible transmission service for at the end of this notice. in the transactions. CNG Power Services Corporation (CNG). 19. Tampa Electric Company Con Edison states that a copy of this Comment date: October 16, 1995, in filing has been served by mail upon [Docket No. ER95–1775–000] accordance with Standard Paragraph E CNG. Take notice that on September 15, at the end of this notice. Comment date: October 16, 1995, in 1995, Tampa Electric Company (Tampa 22. Cleveland Public Power v. accordance with Standard Paragraph E Electric) tendered for filing a Point-to- Cleveland Electric Illuminating at the end of this notice. Point Transmission Service Tariff and a Company and Toledo Edison Company Network Integration Service 17. Public Service Company of transmission Tariff. Tampa Electric [Docket No. TX95–7–000] Oklahoma Southwestern Electric Power states that the tariffs conform to the pro Company Take notice that on September 12, forma tariffs proposed by the 1995, Cleveland Public Power tendered [Docket No. ER95–1773–000] Commission in Docket Nos. RM95–8– for filing an order directing Cleveland Take notice that on September 15, 000, et al. Electric Illuminating Company and 1995, Public Service Company of Tampa Electric requests that the Toledo Edison Company to provide Oklahoma (PSO) and Southwestern tariffs be made effective on November transmission services. Public Service Company (SWEPCO) 14, 1995. (jointly, ‘‘the Companies’’) submitted Copies of the filing have been served Comment date: October 30, 1995, in Transmission Service Agreements, on each party to an existing accordance with Standard Paragraph E dated August 17, 1995, and August 19, transmission service agreement with at the end of this notice. 1995, establishing Enron Power Tampa Electric, and the Florida Public Standard Paragraph Marketing, Inc. (Enron) and the Electric Service Commission. Clearinghouse, Inc., respectively, as Comment date: October 16, 1995, in E. Any person desiring to be heard or customers under the terms of the accordance with Standard Paragraph E to protest said filing should file a Companies’ SPP Interpool Transmission at the end of this notice. motion to intervene or protest with the Service Tariff. 20. Union Electric Company Federal Energy Regulatory Commission, The Companies request an effective 825 North Capitol Street, NE., [Docket No. ER95–1788–000] date of August 17, 1995, for the service Washington, DC 20426, in accordance agreement with Enron and an effective Take notice that on September 18, with Rules 211 and 214 of the date of August 19, 1995, for the service 1995, Union Electric Company (UE) Commission’s Rules of Practice and agreement with ECI. Accordingly, the tendered for filing a change in rate made Procedure (18 CFR 385.211 and 18 CFR Companies request waiver of the pursuant to an Amendment dated 385.214). All such motions or protests Commission’s notice requirements. January 26, 1994 (Amendment), to the should be filed on or before the Copies of this filing were served upon Interchange Agreement dated June 28, comment date. Protests will be Enron, ECI, the Public Utility 1978, between Associated Electric considered by the Commission in Commission of Texas, and the Cooperative and UE. UE asserts that the determining the appropriate action to be Oklahoma Corporation Commission. change implements a customer service taken, but will not serve to make Comment date: October 16, 1995, in charge contemplated by the protestants parties to the proceeding. accordance with Standard Paragraph E Amendment. Any person wishing to become a party at the end of this notice. Comment date: October 16, 1995, in must file a motion to intervene. Copies accordance with Standard Paragraph E 18. Central Power and Light Company of this filing are on file with the at the end of this notice. West Texas Utilities Company Commission and are available for public inspection. [Docket No. ER95–1774–000] 21. Texas-New Mexico Power Company and Texas Generating Company II Take notice that on September 15, Lois D. Cashell, 1995, Central Power and Light Company [Docket No. ES95–37–006] Secretary. (CPL) and West Texas Utilities Take notice that on September 29, [FR Doc. 95–25097 Filed 10–10–95; 8:45 am] Company (WTU) (jointly, ‘‘the 1995, Texas-New Mexico Power BILLING CODE 6717±01±P Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52905
[Docket No. RP94±221±003] [Docket No. RP96±5±000] [Docket No. RP89±178±006]
ANR Pipeline Company; Notice of Carnegie Interstate Pipeline Company; Colorado Interstate Gas Company; Proposed Changes in FERC Gas Tariff Notice of Proposed Changes in FERC Notice of Filing of Refund Report Gas Tariff October 4, 1995. October 4, 1995. October 4, 1995. Take notice that on September 29, Take notice that on September 29, 1995, Colorado Interstate Gas Company 1995, ANR Pipeline Company (ANR) Take notice that on October 2, 1995, (CIG) filed a refund report in Docket tendered for filing as part of its FERC Carnegie Interstate Pipeline Company Nos. RP89–178–000, TM90–4–32, Gas Tariff, Second Revised Volume No. (CIPCO) tendered for filing to become TM90–5–32 and TM90–6–32. 1, the following revised tariff sheets part of its FERC Gas Tariff, Original CIG states that the filing and refunds proposed to be effective on the dates Volume No. 1, the following revised were made to comply with the shown: tariff sheet: Commission’s order on compliance Third Revised Sheet No. 7 filing dated may 31, 1994, order on June 1, 1995 rehearing dated December 20, 1994 and Substitute Eighth Revised Sheet No. 8 CIPCO proposed that the tariff sheet order denying rehearing and accepting Substitute Tenth Revised Sheet No. 9 become effective on November 1, 1995. compliance filing dated April 4, 1995 Substitute Tenth Revised Sheet No. 13 CIPCO states that this is its Annual issued to Northwest Pipeline Substitute Tenth Revised Sheet No. 16 Corporation in Docket No. RP92–229. filing pursuant to Section 32.2 of the Substitute Twelfth Revised Sheet No. 18 CIG states that copies of CIG’s filing General Terms and Conditions of its September 1, 1995 have been served on CIG’s jurisdictional FERC Gas tariff to reflect prospective customers, interested state Substitute Ninth Revised Sheet No. 8 changes in transportation costs commissions, and all parties to the Substitute Eleventh Revised Sheet No. 9 associated with unassigned upstream proceedings. Substitute Eleventh Revised Sheet No. 13 capacity held by CIPCO on Texas Any person desiring to protest said Substitute Eleventh Revised Sheet No. 16 Eastern Transmission Corporation for filing should file a protest with the Substitute Thirteenth Revised Sheet No. 18 the 12-month period commencing Federal Energy Regulatory Commission, ANR states that its filing is necessary November 1, 1995 and under-recovered 825 North Capital Street, N.E., to comply with the Commission’s July Transportation Costs for the period Washington, D.C. 20426, in accordance 28, 1995 Letter Order approving the October 30, 1994 to August 31, 1995. with Rule 211 of the Commission’s Stipulation and Agreement (Stipulation) The filing reflects a Transportation Cost Rules of Practice and Procedure (18 CFR filed by ANR herein on May, 8, 1995. Rate (‘‘TCR’’) of $1.5249, consisting of a Section 385.211). All such protests Except for certain discrete eligibility TCR Adjustment of $1.4376 and a TCR should be filed on or before October 12, issues, the Stipulation resolved ANR’s Surcharge of $0.0873. 1995. Protests will be considered by the Commission in determining the recovery of Gas Supply Realignment CIPCO states that copies of its filing appropriate action to be taken, but will (GSR) costs by, inter alia, redetermining were served on all jurisdictional ANR’s GSR Reservation Surcharges, and not serve to make protestants parties to customers and interested state the proceeding. Copies of this filing are adjusting Rate Schedule ITS and Rate commissions. Schedule FTS–2 overrun rates effective on file with the Commission and are June 1, 1995. Any person desiring to be heard or to available for public inspection. protest said filing should file a motion Lois D. Cashell, ANR states that all of its FERC Gas to intervene or protest with the Federal Secretary. Tariff, Second Revised Volume No. 1 Energy Regulatory Commission, 825 customers and interested State [FR Doc. 95–25102 Filed 10–10–95; 8:45 am] North Capitol Street, NE., Washington, BILLING CODE 6717±01±M Commissions have been mailed a copy D.C. 20426, in accordance with 18 CFR of this filing. 385.214 and 385.211 of the Any person desiring to protest said Commission’s Rules and Regulations. [Docket No. RP94±312±004] filing should file a protest with the All such motions or protests should be Columbia Gulf Transmission Commission, 825 North Capitol Street, filed on or before October 12, 1995. Company; Notice of Compliance Filing NE, Washington, DC 20426 in Protests will be considered by the accordance with Rule 211 of the Commission in determining the October 4, 1995. Commission’s Rules of Practice and appropriate action to be taken, but will Take notice that on October 2, 1995, Procedure (18 CFR 385.211). All such not serve to make protestants parties to Columbia Gulf Transmission Company protests should be filed on or before the proceeding. Any person wishing to (Columbia Gulf) tendered for filing a October 12, 1995. Protests will be become a party must file a motion to proposal for recovering amounts of a considered by the Commission in intervene. Copies of this filing are on negative surcharge that were over- determining the appropriate action to be file with the Commission and are refunded between the inception of the taken, but will not serve to make available for public inspection in the negative surcharge on November 1, 1994 and the termination date on August 31, protestants parties to the proceeding. public reference room. Copies of this application are on file 1995. Lois D. Cashell, Columbia Gulf submits this filing in with the Commission and are available Secretary. accordance with Ordering Paragraph (D) for public inspection. [FR Doc. 95–25115 Filed 10–10–95; 8:45 am] of the Federal Energy Regulatory Lois D. Cashell, BILLING CODE 6717±01±M Commission’s September 28, 1994 order Secretary. in Docket Nos. RP94–312–000 and [FR Doc. 95–25105 Filed 10–10–95; 8:45 am] CP94–177–000, referenced in the Office BILLING CODE 6717±01±M of Pipeline Regulation’s September 7, 1995 Letter Order. The aforesaid orders 52906 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices required Columbia Gulf to submit Columbia Gulf states that copies of its On September 1, 1994, FGT filed a within 30 days of the cessation of the filing have been mailed to all firm Stipulation and Agreement of negative surcharge amortization a true- customers and affected state regulatory Settlement (Settlement) and pro forma up calculation and other pertinent commissions. tariff sheets setting forth new information regarding the amount of any Any person desiring to be heard or to procedures for the interruption of difference that exists between the protest said filing should file a motion interruptible transportation and the amount it credited to its customers to intervene or protest with the Federal curtailment of firm service during under the surcharge, and the exit fee Energy Regulatory Commission, 825 periods of diminished capacity on payment, and explain how it shall North Capitol Street, N.E., Washington, FGT’s system. The Settlement was refund or bill these differences to its D.C. 20426, in accordance with Rules supported by most of the customers on customers. 211 and 214 of the Commission’s Rules FGT’s system. The issues resolved by Columbia Gulf states that copies of its of Practice and Procedure. All such the Settlement had been severed for filing is being mailed to each of its firm motions or protests should be filed on separate resolution from other issues customers and affected state regulatory or before October 12, 1995. Protests will contained in FGT’s Order No. 636 commissions. be considered by the Commission in restructuring proceeding. Any person desiring to protest said determining the appropriate action to be On January 12, 1995 the Commission filing should file a protest with the taken, but will not serve to make issued an order which accepted and Federal Energy Regulatory Commission, protestants parties to the proceedings. clarified the Settlement and required 825 North Capitol Street, N.E., Any person wishing to become a party FGT to make certain changes relative to Washington, D.C. 20426, in accordance must file a motion to intervene. Copies curtailment and scheduling. On with Rule 211 of the Commission’s of Columbia Gulf’s filings are on file February 10 and March 8, 1995, FGT Rules of Practice and Procedure. All with the Commission and are available filed additional and revised pro forma such protests should be filed on or for public inspection. tariff sheets which were subsequently before October 12, 1995. Protests will be Lois D. Cashell, approved by Commission order dated considered by the Commission in April 26, 1995. The April 26 order Secretary. determining the appropriate action to be required FGT to resubmit tariff sheets taken, but will not serve to make [FR Doc. 95–25117 Filed 10–10–95; 8:45 am] within 10 days, with the correct protestants parties to the proceedings. BILLING CODE 6717±01±M pagination, an effective date of Copies of Columbia Gulf’s filings are on November 1, 1995, and in an electronic file with the Commission and are format. In response to an FGT Request available for public inspection. [Docket No. RP91±138±007] for Rehearing filed on May 5, 1995, the Lois D. Cashell, Florida Gas Transmission Company; Commission issued an order on rehearing on June 2, 1995, which Secretary. Notice of Compliance Filing [FR Doc. 95–25106 Filed 10–10–95; 8:45 am] removed the 10 day filing requirement BILLING CODE 6717±01±M October 4, 1995. and instead required FGT to file tariff Take notice that on September 29, sheets no later than 30 days prior to the 1995, Florida Gas Transmission November 1, 1995 effective date. [Docket No. TM96±2±70±000] Company (FGT) tendered for filing to In the instant filing, FGT is submitting become part of its FERC Gas Tariff, tariff sheets as required by the June 2, Columbia Gulf Transmission 1995 Commission order on rehearing. Company; Notice of Proposed Third Revised Volume No. 1, the following tariff sheets: Specifically, FGT is filing curtailment Changes in FERC Gas Tariff and related scheduling procedures in Third Revised Sheet No. 120 October 4, 1995. Section 17.A and Section 10, First Revised Sheet No. 120A respectively of its General Terms and Take notice that on October 2, 1995, Third Revised Sheet No. 138 Columbia Gulf Transmission Company Original Sheet No. 138A Conditions. In addition, FGT is filing an (Columbia Gulf) tendered for filing to First Revised Sheet No. 139 updated Index of Requirements by End- become part of its FERC Gas Tariff, First Revised Sheet No. 140 Use Priority for Priorities 1 and 2 only Second Revised Volume No. 1, the Second Revised Sheet No. 141 (the exempt categories pursuant to the following tariff sheets, to be effective First Revised Sheet No. 142 Settlement) as verified by the Data November 1, 1995: Second Revised Sheet No. 143 Verification Committee. Second Revised Sheet No. 144 Finally, FGT is eliminating the Index Ninth Revised Sheet No. 018 Second Revised Sheet No. 145 of Entitlements. This section is no Ninth Revised Sheet No. 019 First Revised Sheet No. 146 longer relevant since FGT implemented Columbia Gulf states that these tariff Second Revised Sheet No. 147 Order No. 636 on November 1, 1993. sheets are being filed to revise the Second Revised Sheet No. 148 Second Revised Sheet No. 149 FGT’s currently effective Original Sheet retainage factors applicable to its Original Sheet No. 149A No. 700 provides that the Index of transportation services in accordance Original Sheet No. 149B Entitlements will be filed upon with Section 33 of the General Terms Original Sheet No. 149C execution of all agreements. However, and Conditions of its FERC Gas Tariff, Original Sheet No. 149D FGT has entered into no sales Second Revised Volume No. 1, which Original Sheet No. 149E agreements nor has it made any sales allows Columbia Gulf to periodically Original Sheet No. 149F after implementing Order No. 636. The adjust its retainage factors. In this filing, First Revised Sheet No. 650 Essential Agricultural Priority 2 Columbia Gulf is adjusting the current First Revised Sheet No. 651 capacity data is included in the updated company use portion of its retainage First Revised Sheet No. 652 First Revised Sheet No. 653 Index of Requirements by End-Use factor to reflect a change in the estimate First Revised Sheet No. 654 Priority tariff sheets filed herewith. for company use quantities. The First Revised Sheet No. 655 Any person desiring to protest said unaccounted for and surcharge Second Revised Sheet No. 659 filing should file a protest with the components have not been adjusted in First Revised Sheet No. 660 Federal Energy Regulatory Commission, this filing. First Revised Sheet No. 700 825 North Capitol Street, NE., Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52907
Washington, DC 20426 in accordance on file with the Commission and are authorization pursuant to Section 7 of with Section 385.211 of the available for public inspection. the Natural Gas Act. Commission’s Rules and Regulations. Lois D. Cashell, Lois D. Cashell, All protests should be filed on or before Secretary. Secretary. October 12, 1995. Protests will be [FR Doc. 95–25110 Filed 10–10–95; 8:45 am] [FR Doc. 95–25098 Filed 10–10–95; 8:45 am] considered by the Commission in BILLING CODE 6717±01±M BILLING CODE 6717±01±M determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. [Docket No. CP90±2086±002] [Docket No. CP95±792±000] Copies of this filing are on file with the National Fuel Gas Supply Corporation; Commission and are available for public National Fuel Gas Supply Corp.; Notice Notice of Petition to Amend inspection. of Request Under Blanket October 4, 1995. Lois D. Cashell, Authorization Secretary. Take notice that on September 21, 1995, as supplemented on September [FR Doc. 95–25103 Filed 10–10–95; 8:45 am] October 4, 1995. 29,1 995, National Fuel Gas Supply BILLING CODE 6717±01±M Take notice that on September 29, Corporation (National Fuel), 10 1995, National Fuel Gas Supply Lafayette Square, Buffalo, NY 14203, Corporation (National), 10 Lafayette filed with the Commission in Docket [Docket No. RP95±373±002] Square, Buffalo, New York 14203, filed No. CP90–2086–002 a petition pursuant in Docket No. CP95–792–000 a request to Section 7(c) of the Natural Gas Act National Fuel Gas Supply Corp.; Notice pursuant to Sections 157.205 and (NGA) requesting authority to amend its of Compliance Filing 157.211 of the Commission’s certificate of public convenience and Regulations under the Natural Gas Act necessity authorizing operation of the October 4, 1995. (18 CFR 157.205, 157.211) for Limestone Storage Field (Limestone) on Take notice that on October 2, 1995, authorization to construct and operate a a permanent basis, all as more fully set National Fuel Gas Supply Corporation new sales tap under National’s blanket forth in the petition which is on file (National) tendered for filing as part of certificate issued in Docket No. CP83–4– with the Commission and open to its FERC Gas Tariff, Third Revised 000 pursuant to Section 7 of the Natural public inspection. Volume No. 1, Second Substitute Fifth Gas Act, all as more fully set forth in the By order dated November 28, 1990, in Revised Sheet Nos. 237A and 237B, to request that is on file with the Docket No. CP90–2086–000, the be effective August 1, 1995. Commission and open to public Commission issued to National Fuel a National states that these tariff sheets inspection. certificate authorizing the operation of are submitted under protest. National National proposes to construct and Limestone, then known as the Allegany states that the tariff sheets reflect the operate a new sales tap in Warren, State Park Storage Field, for a period of recalculation of refunds of Account Nos. Pennsylvania, for delivery of natural gas three years. By order dated November 4, 191 and 186-related dollars received to a new end-user shipper, United 1993, the Commission extended the term of National Fuel’s authorization to from certain of National’s former Refining Company (United Refining). operate Limestone to the earlier of upstream pipeline-suppliers, as required National projects that deliveries for this December 31, 1995, or the effective date by the Commission’s Letter Order issued tap would amount to 182,000 Dth of a permanent certificate. September 15, 1995. annually of firm transportation and 360,000 Dth annually of interruptible National Fuel states that it is now National further states that it is also transportation, which would have a seeking permanent authorization to submitting worksheets to clarify the minimal impact on National’s peak day operate Limestone as an interstate calculations made in the tariff sheets, and annual deliveries. Natural states storage facility pursuant to Section 7 of and to clarify the interest calculations. that United Refining would reimburse the NGA. National Fuel says that a National states that copies of this National for the actual cost of permanent certificate for Limestone will enable National Fuel to provide long filing were served upon the company’s constructing the sales tap, estimated to term storage services for National Fuel jurisdictional customers and upon the be $80,000. Regulatory Commissions of the States of Gas Distribution Corporation under Any person or the Commission’s staff New York, Ohio, Pennsylvania, National Fuel’s ESS rate schedule. may, within 45 days after issuance of National Fuel does not propose to Delaware, Massachusetts, and New the instant notice by the Commission, Jersey. construct or acquire any new facilities at file pursuant to Rule 214 of the this time. Any person desiring to protest said Commission’s Procedural Rules (18 CFR Any person desiring to be heard or to filing should file a protest with the 385.214) a motion to intervene or notice make any protest with reference to said Federal Energy Regulatory Commission, of intervention and pursuant to Section application should on or before October 825 North Capitol Street, NE., 157.205 of the Regulations under the 25, 1995, file with the Federal Energy Washington, DC 20426, in accordance Natural Gas Act (18 CFR 157.205) a Regulatory Commission, 825 North with Rule 211 of the Commission’s protest to the request. If no protest is Capitol Street NE., Washington, DC Rules of Practice and Procedure (18 CFR filed within the time allowed therefore, 20426, a motion to intervene or a protest 385.211). All such protest should be the proposed activity shall be deemed to in accordance with the requirements of filed on or before October 12, 1995. be authorized effective the day after the the Commission’s Rules of Practice and Protests will be considered by the time allowed for filing a protest. If a Procedure (18 CFR 385.214 or 385.211) Commission in determining the protest is filed and not withdrawn and the Regulations under the Natural appropriate action to be taken but will within 30 days after the time allowed Gas Act (18 CFR 157.10). All protests not serve to make protestants parties to for filing a protest, the instant request filed with the Commission will be the proceeding. Copies of this filing are shall be treated as an application for considered by it in determining the 52908 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices appropriate action to be taken but will to intervene or protest with the Federal Commission and are available for not serve to make the protestants parties Energy Regulatory Commission, 825 inspection. to the proceeding. Any person wishing North Capitol Street, NE., Washington, Lois D. Cashell, to become a party to a proceeding or to DC 20426, in accordance with Sections Secretary. participate as a party in any hearing 385.211 and 385.214 of the [FR Doc. 95–25113 Filed 10–10–95; 8:45 am] therein must file a motion to intervene Commission’s Rules and Regulations. BILLING CODE 6717±01±M in accordance with the Commission’s All such motions or protests should be Rules. filed on or before October 12, 1995. All Take further notice that, pursuant to protests will be considered by the [Docket No. RP96±2±000] the authority contained in and subject to Commission in determining the the jurisdiction conferred upon the appropriate action to be taken in this Northern Natural Gas Company; Notice Federal Energy Regulatory Commission proceeding, but will not serve to make of Proposed Changes in FERC Gas by Sections 7 and 15 of the Natural Gas protestant a party to the proceeding. Tariff Act and the Commission’s Rules of Any person wishing to become a party October 4, 1995. Practice and Procedure, a hearing will must file a motion to intervene. Copies Take notice that on October 2, 1995, be held without further notice before the of this filing are on file with the Northern Natural Gas Company Commission or its designee on this Commission and are available for (Northern), tendered for filing to become application if no motion to intervene is inspection. part of its FERC Gas Tariff, Fifth Revised filed within the time required herein, if Lois D. Cashell, Volume No. 1, the following tariff sheet, the Commission on its own review of Secretary. proposed to be effective November 1, the matter finds that a grant of the [FR Doc. 95–25111 Filed 10–10–95; 8:45 am] 1995: certificate is required by the public convenience and necessity. If a motion BILLING CODE 6717±01±M First Revised Sheet No. 211 for leave to intervene is timely filed, or Northern states that the above tariff if the Commission on its own motion sheet is being filed to clarify Northern’s believes that a formal hearing is [Docket No. RP96±3±000] general provision in its tariff regarding required, further notice of such hearing meters. will be duly given. Northern Natural Gas Company; Notice Northern states that copies of this Under the procedure herein provided of Proposed Changes in FERC Gas filing were served upon the company’s for, unless otherwise advised, ti will be Tariff customers and interested State unnecessary for National Fuel to appear October 4, 1995. Commissions. or be represented at the hearing. Any person desiring to be heard or to Lois D. Cashell, Take notice that on October 2, 1995, protest said filing should file a motion Northern Natural Gas Company Secretary. to intervene or protest with the Federal (Northern), tendered for filing to become [FR Doc. 95–25099 Filed 10–10–95; 8:45 am] Energy Regulatory Commission, 825 part of its FERC Gas Tariff, Fifth Revised North Capitol Street, N.E., Washington, BILLING CODE 6717±01±M Volume No. 1, the following tariff D.C., 20426, in accordance with sheets, to become effective November 1, Sections 385.44 and 385.211 of the [Docket No. RP96±1±000] 1995: Commission’s Rules and Regulations. 5 Revised 17 Revised Sheet No. 50 All such petitions or protests must be Northern Natural Gas Co.; Notice of 5 Revised 17 Revised Sheet No. 51 filed on or before October 12, 1995. All Proposed Changes in FERC Gas Tariff 24 Revised Sheet No. 53 protests will be considered by the Commission in determining the October 4, 1995. Northern states that this filing Take notice that on October 2, 1995, appropriate action to be taken in this establishes the 1995–1996 SBA Cost proceeding, but will not serve to make Northern Natural Gas Company Recovery surcharge rates. (Northern), tendered for filing to become protestant a party to the proceeding. part of its FERC Gas Tariff, Fifth Revised Northern states that copies of this Any person wishing to become a party Volume No. 1, Fourth Revised Sheet No. filing were served upon the company’s must file a motion to intervene. Copies 68, with a proposed effective date of customers and interested State of this filing are on file with the November 1, 1995. Commissions. Commission and are available for The filing, pursuant to Northern’s Any person desiring to be heard or to inspection. commitment in Docket Nos. RP94–3, protest said filing should file a motion Lois D. Cashell, RP94–415 and RP95–137, reconciles to intervene or protest with the Federal Secretary. over and underrecovery of Reverse Energy Regulatory Commission, 825 [FR Doc. 95–25112 Filed 10–10–95; 8:45 am] Auction expenses solely attributable to North Capitol Street, N.E., Washington, BILLING CODE 6717±01±M an increase in FERC interest rates and D.C. 20426, in accordance with Sections adjusts accordingly the direct bill 385.214 and 385.211 of the [Docket No. TM96±2±28±000] amounts by shipper. Northern has filed Commission’s Rules and Regulations. Fourth Revised Sheet No. 68 to reflect All such petitions or protests must be Panhandle Eastern Pipe Line these amounts in its Tariff and will filed on or before October 12, 1995. All Company; Notice of Proposed commence billing such amounts protests will be considered by the Changes in FERC Gas Tariff effective November 1, 1995. Commission in determining the Northern states that copies of this appropriate action to be taken in this October 4, 1995. filing were served upon the company’s proceeding, but will not serve to make Take notice that on September 29, customers and interested State protestant a party to the proceeding. 1995, Panhandle Eastern Pipe Line Commissions. Any person wishing to become a party Company (Panhandle) tendered for Any person desiring to be heard or to must file a motion to intervene. Copies filing to become part of its FERC Gas protest said filing should file a motion of this filing are on file with the Tariff, First Revised Volume No. 1, the Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52909 revised tariff sheets listed on Appendix made in conformance with Ordering its FERC Gas Tariff, Third Revised A to the filing, with a proposed effective Paragraph (B) of the Commission’s Volume No. 1, which tariff sheets are date of November 1, 1995. August 31, 1995 order in this enumerated in the attached appendices. Panhandle states that this filing is proceeding. Such tariff sheets are proposed to be made in accordance with Section 24 Tennessee further states that the effective November 1, 1994 and (Fuel Reimbursement Adjustment) of motion rates contained in the revised November 1, 1995. the General Terms and Conditions in tariff sheets reflect all necessary rate Transco states that the purpose of the Panhandle’s FERC Gas Tariff, First reductions resulting from the truing up Revised Volume No. 1. Panhandle states of the estimated plant balances instant filing is to revise currently that the revised tariff sheets filed contained in Tennessee’s June 30, 1995 effective tariff provisions to (i) correct herewith reflect the following changes Motion Rate Filing to the actual plant various spelling, punctuation, wording to the Fuel Reimbursement Percentages: balances as of that date. and reference errors, (ii) terminate FS– (1) A 4.59% increase in the Gathering Tennessee states that copies of the G sales service, (iii) clarify the demand Fuel Reimbursement Percentage; filing have been mailed to all parties on charge adjustment calculation under (2) A (.20%) decrease in the Field the official service list in this Rate Schedule LG–A, (iv) modify Zone Fuel Reimbursement Percentage; proceeding, affected customers and procedures for the retention of (3) A 0.09% increase in the Market affected state regulatory commissions. measurement records, (v) update Zone Fuel Reimbursement Percentage; Any person desiring to protest said provisions addressing the odorization of (4) A (.26%) decrease in the Injection filing should file a protest with the gas, (vi) clarify that a firm shipper has and (.26%) decrease in the Withdrawal Federal Energy Regulatory Commission, the right to deliver gas to secondary Field Area Storage Reimbursement 825 North Capitol Street, N.E., delivery point(s) located either Percentages; and Washington, D.C. 20426, in accordance upstream or downstream of traditional (5) A (.53%) decrease in the Injection with Rule 211 of the Commission’s delivery points, (vii) revise the criteria and (.26%) decrease in the Withdrawal Rules of Practice and Procedure. All for the Seller’s selection of best bids to Market Area Storage Fuel such protests should be filed on or allow for multiple winners to fully Reimbursement Percentages. before October 12, 1995. Protests will be allocate capacity offered for release, Panhandle states that copies of this considered by the Commission in (viii) modify storage inventory transfer filing have been served on all customers determining the appropriate action to be provisions to provide for a cash-out subject to the tariff sheets and taken but will not serve to make mechanism (ix) modify Rate Schedule applicable state regulatory agencies. protestants parties to the proceeding. IT to eliminate the provisions for Any person desiring to be heard or to Copies of this filing are on file with the automatic termination of a non-executed protest this filing should file a motion Commission and are available for public service agreement or a service to intervene or a protest with the inspection. agreement that does not flow gas within Federal Energy Regulatory Commission, Lois D. Cashell, 15 days and (x) update the Index or 825 North Capitol Street, NE., Secretary. Washington, DC 20426, in accordance Purchasers, all as further described in with Sections 385.214 and 385.211 of Appendix A the appendices attached to the filing. the Commission’s Rules and Revised Tariff Sheets Transco states that it is serving copies Regulations. All such motions or of the instant filing to its customers, Fifth Revised Volume No. 1 protests must be filed on or before State Commissions and other interested October 12, 1995. Protests will be Tariff Sheet—Effective Date parties. considered by the Commission in Substitute Second Revised Sheet No. 26— determining the appropriate action to be February 1, 1995 Any person desiring to be heard or to taken, but will not serve to make Substitute Second Revised Sheet No. 26A— protest said filing should file a motion protestants parties to the proceeding. July 1, 1995 to intervene or protest with the Federal Any person wishing to become a party Second Revised Sheet No. 26B—July 1, 1995 Energy Regulatory Commission, 825 Substitute First Revised Sheet No. 26B— North Capitol Street, N.E. Washington, must file a motion to intervene. Copies February 1, 1995 of this filing are on file with the D.C. 20426, in accordance with 18 CFR Commission and are available for public Original Volume No. 2 358.214 and 385.211 of the inspection in the Public Reference Tariff Sheet—Effective Date Commission’s Rules and Regulations. Room. Substitute Thirty-First Revised Sheet No. 5— All such motions or protests should be Lois D. Cashell, July 1, 1995 filed on or before October 12, 1995. Secretary. Substitute First Revised Substitute 30th Protests will be considered by the [FR Doc. 95–25116 Filed 10–10–95; 8:45 am] Revised Sheet No. 5—February 1, 1995 Commission in determining the BILLING CODE 6717±01±M [FR Doc. 95–25107 Filed 10–10–95; 8:45 am] appropriate action to be taken, but will BILLING CODE 6717±01±M not serve to make protestants parties to the proceeding. Any person wishing to [Docket No. RP95±112±011] become a party must file a motion to [Docket No. RP96±4±000] Tennessee Gas Pipeline Co.; Notice of intervene. Copies of this filing are on Filing Transcontinental Gas Pipe Line; Notice file with the Commission and are of Proposed Changes in FERC Gas available for public inspection in the October 4, 1995. Tariff Public Reference Room. Take notice that on September 29, Lois D. Cashell, October 4, 1995. 1995, Tennessee Gas Pipeline Company Secretary. (Tennessee) filed the revised tariff Take notice that on October 2, 1995, [FR Doc. 95–25114 Filed 10–10–95; 8:45 am] sheets in Appendix A, to be effective Transcontinental Gas Pipe Line February 1 or July 1, 1995, as indicated. Corporation (Transco) herewith submits BILLING CODE 6717±01±M Tennessee states that this filing is being for filing certain revised tariff sheets to 52910 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
[Docket No. CP94±109±003] Copies of this filing are on file with the jurisdictional customers and applicable Commission and are available for public state regulatory agencies. Transcontinental Gas Pipe Line inspection in the Public Reference Any person desiring to protest said Corporation; Notice of Proposed Room. filing should file a protest with the Changes in FERC Gas Tariff Lois D. Cashell, Federal Energy Regulatory Commission, October 4, 1995. Secretary. 825 North Capitol Street, NE., Take notice that on September 29, [FR Doc. 95–25100 Filed 10–10–95; 8:45 am] Washington, DC 20426, in accordance with Rule 211 of the Commission’s 1995, Transcontinental Gas Pipe Line BILLING CODE 6717±01±M Corporation (Transco) tendered for Rules of Practice and Procedure (19 CFR filing to become part of its FERC Gas 385.211). All such protests should be filed on or before October 12, 1995. Tariff, Third Revised Volume No. 1, [Docket No. RP92±165±017] Substitute Third Revised Sheet No. 37C Protests will be considered by the Commission in determining the and Substitute Third Revised Sheet No. Trunkline Gas Company; Notice of appropriate action to be taken, but will 40C, which tariff sheets are proposed to Proposed Changes in FERC Gas Tariff be effective November 1, 1995. not serve to make protestants parties to On July 11, 1994, the Commission October 4, 1995. the proceeding. Copies of this filing are issued a ‘‘Preliminary Determination on Take notice that On September 29, on file with the Commission and are Nonenvironmental Issues’’ approving 1995, Trunkline Gas Company available for public inspection. the SE95/96 project, including the (Trunkline) tendered for filing to Lois D. Cashell, initial rates proposed therein, subject to become part of its FERC Gas Tariff, First Secretary. a final order addressing environmental Revised Volume No. 1, revised tariff [FR Doc. 95–25104 Filed 10–10–95; 8:45 am] issues. On December 21, 1994 the sheets, listed on Appendix A attached to BILLING CODE 6717±01±M Commission issued an ‘‘Order Issuing the filing. Trunkline requests an Certificate’’ which granted final effective date of November 1, 1995. [Docket No. RP95±190±003] certificate authorization for the SE95/96 Trunkline states that this filing is project (December 21 Order). Ordering being made in accordance with the Williams Natural Gas Co; Notice of paragraph (C) of the Commission’s provisions of Article III, Section 5 and Compliance Filing December 21 Order directed Transco to Article VII, Section 4 of the January 25, file a separately stated incremental rate 1993 Stipulation and Agreement October 4, 1995. under Rate Schedule FT for the SE95/ (Settlement) approved by the Take notice that on September 29, 96 firm transportation service. In Commission in the referenced 1995, Williams Natural Gas Company compliance with such directive Transco proceedings. (WNG) tendered for filing additional submits herewith Substitute Third Trunkline further states that Article information in compliance with Revised Sheet No. 40C which sets forth III, Section 5(a) of the Settlement Commission Order on Rehearing, the initial incremental reservation rate permitted Trunkline to include in its Compliance Filing, and Additional of $11.52 per Mcf for SE95/96 firm cost of service and resulting rates Comments issued September 21, 1995 transportation service. In addition, all $1,173,858 per year for three years, (September 21 order) in the above applicable surcharges under Rate commencing November 1, 1992, for its referenced docket. Schedule FT shall apply to SE95/96 allocated portion of expenses incurred WNG states that the September 21 firm transportation service. by October 31, 1992 for the order directed it to file additional data In recognition that SE95/96 firm consolidation of offices from Kansas and information supporting its transportation capacity is eligible to be City, Missouri to Houston, Texas. It calculations of the jurisdictional released in accordance with section 42 bears noting that this Section also percentages reflected in its March 1, of the General Terms and Conditions of established for other discrete costs a 1995 filing within 30 days of the Transco’s FERC GAs Tariff, Transco is separate ten year amortization, the term issuance of the order. In compliance filing Substitute Third Revised Sheet of which has not expired and which is with the order, WNG is filing a No. 37C to set forth the rates and not the subject of this filing. calculation of the 1993 sales percentage. charges underRate Schedule FT–R Trunkline also states that Article III, WNG states that a copy of its filing applicable to capacity released under Section 5(b) of the Settlement required was served on all participants listed on Transco’s SE95/96 incremental firm Trunkline to file at least thirty days the service lists maintained by the transportation service. prior to the conclusion of the specified Commission in the dockets referenced Transco states that copies of the amortization period for these costs to above and on all of WNG’s jurisdictional instant filing are being mailed to remove from its then-effective rates the customers and interested state customers, State Commissions and other component associated with such commissions. interested parties. amortization. That Section also Any person desiring to protest said Any person desiring to protest said provided that the removal would be filing should file a protest with the filing should file a protest with the effective upon conclusion of the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, amortization period without suspension 825 North Capitol Street, N.E., 825 North Capitol Street NE., or condition. Washington, D.C. 20426, in accordance Washington, DC 20426, in accordance Trunkline requests waiver of any with Section 385.211 of the with section 385.211 of the provisions of the Commission’s Commission’s Rules and Regulations. Commission’s Rule’s and Regulations. Regulations which may be necessary to All such protests should be filed on or All such protest should be filed on or make the tariff sheets and rates before October 12, 1995. Protests will be before October 12, 1995. Protests will be submitted herewith effective November considered by the Commission in considered by the Commission in 1, 1995. determining the appropriate action to be determining the appropriate action to be Trunkline states that copies of this taken, but will not serve to make taken, but will not serve to make filing have been served on all protestants parties to the proceedings. protestants parties to the proceeding. participants in the proceedings, Copies of this filing are on file with the Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52911
Commission and are available for public Williston Basin states that the revised most of which are coal burning utilities. inspection in the Public Reference tariff sheets are being filed to update its In Phase II of the Acid Rain Program Room. Master Receipt Point List. (beginning in the year 2000 and Lois D. Cashell, Any person desiring to be heard or to continuing into perpetuity), state and Secretary. protest said filing should file a motion local permitting authorities are required FR Doc. 95–25108 Filed 10–10–95; 8:45 am] to intervene or protest with the Federal under titles IV and V of the Act to act Energy Regulatory Commission, 825 BILLING CODE 6717±01±M as the permitting authority for acid rain North Capitol Street, NE., Washington, affected sources in Phase II and issue DC 20426, in accordance with Rules 211 acid rain permits as part of their title V [Docket No. RP95±193±004] and 214 of the Commission’s Rules of operating permits programs. Acid rain Practice and Procedure (18 CFR 385.211 affected sources must submit their Williston Basin Interstate Pipeline Co.; and 385.214). All such motions or initial Phase II acid rain permit Notice of Compliance Filing protests should be filed on or before applications to the appropriate October 4, 1995. October 12, 1995. Protests will be permitting authority no later than Take notice that on September 29, considered by the Commission in January 1, 1996. Initial acid rain permits 1995, Williston Basin Interstate Pipeline determining the appropriate action to be must be issued to all acid rain affected Company (Williston Basin), tendered for taken, but will not serve to make sources no later than December 31, filing revised tariff sheets to Second protestants parties to the proceeding. 1997. Revised Volume No. 1 of its FERC Gas Any person wishing to become a party The following state or local permitting Tariff. to the proceeding must file a motion to authorities have submitted acid rain Williston Basin states that, in intervene. Copies of this filing are on programs that are acceptable to the EPA accordance with the Commission’s file with the Commission and are Administrator as part of their title V September 14, 1995 Order, the revised available for public inspection. operating permits programs: tariff sheets modify the time allowed for Lois D. Cashell, Region 1 a shipper to execute a Service Secretary. Agreement once it has been tendered to [FR Doc. 95–25101 Filed 10–10–95; 8:45 am] The Department of Environmental Protection, in the state of Massachusetts; the shipper by Williston Basin. BILLING CODE 6717±01±M Any person desiring to protest said The Department of Environmental filing should file a protest with the Management, in the state of Rhode Federal Energy Regulatory Commission, Island; ENVIRONMENTAL PROTECTION The Department of Environmental 825 North Capitol Street, NE., AGENCY Washington, DC 20426, in accordance Conservation, in the state of Vermont. [FRL±5313±9] with Rule 211 of the Commission’s Region 2 Rules of Practice and Procedure (18 CFR Acid Rain Program: Notice of State 385.211). All such protests should be The Department of Environmental Acid Rain Programs filed on or before October 12, 1995. Protection, in the state of New Jersey. Protests will be considered by the AGENCY: Environmental Protection Region 4 Commission in determining the Agency (EPA). The Department of Environmental appropriate action to be taken, but will ACTION: Notice. Management, in the state of Alabama; not serve to make protestants parties to The Department of Environmental the proceeding. Copies of this filing are SUMMARY: Title IV of the Clean Air Act requires EPA to establish the Acid Rain Protection, in the state of Florida; on file with the Commission and are The Air Pollution Control District of available for public inspection. Program to reduce the adverse environmental and public health effects Jefferson County, in the state of Lois D. Cashell, Kentucky; Secretary. of acidic deposition. Under titles IV and V of the Act, State and local permitting The Department of Health and [FR Doc. 95–25109 Filed 10–10–95; 8:45 am] authorities develop and administer acid Environmental Control, in the state of BILLING CODE 6717±01±M rain programs as part of their title V South Carolina; operating permits programs. The State The Department of Environment and Conservation, in the state of Tennessee; [Docket No. GT96±1±000] and local permitting authorities listed in The Memphis and Shelby County this notice have submitted acid rain Health Department, in the state of Williston Basin Interstate Pipeline programs for EPA review that have Tennessee. Company; Notice of Filing subsequently been determined to be acceptable to the EPA Administrator as October 4, 1995. Region 5 part of their title V operating permits Take notice that on October 2, 1995, The Department of Environmental programs. This notice is for Williston Basin Interstate Pipeline Management, in the state of Indiana; informational purposes only and does Company (Williston Basin), tendered for The Department of Environmental not supplant any other Federal Register filing to become part of its FERC Gas Quality, in the state of Michigan; notices under title V. Tariff, Second Revised Volume No. 1, The Minnesota Pollution Control the following revised tariff sheets, with FOR FURTHER INFORMATION CONTACT: Agency, in the state of Minnesota; the proposed effective date of October 2, Robert Miller, U.S. EPA, Acid Rain The Department of Natural Resources, 1995: Division (6204J), 401 M St. SW., in the state of Wisconsin. Washington, DC 20460, (202) 233–9077. Tenth Revised Sheet No. 785 SUPPLEMENTARY INFORMATION: Region 6 Eleventh Revised Sheet Nos. 786–788 In Phase I Twelfth Revised Sheet Nos. 789–790 of the Acid Rain Program (1995 through The Environment Department, in the Eleventh Revised Sheet No. 791 1999), EPA issues Phase I acid rain state of New Mexico; Twelfth Revised Sheet Nos. 792–795 permits and is the permitting authority The Natural Resource Conservation Seventh Revised Sheet No. 796 for certain acid rain affected sources, Commission, in the state of Texas. 52912 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
Region 7 units that do not meet these the collection of information on the City of Omaha Air Quality Control requirements must pay a penalty respondents, including the use of Section, in the state of Nebraska; without demand to the Administrator automated collection techniques or Lincoln-Lancaster County Health based on the number of excess tons other forms of information technology. Department, in the state of Nebraska. emitted times $2000 as adjusted by an Written comments should be annual adjustment factor that must be submitted on or before December 11, Region 8 published in the Federal Register. 1995. If you anticipate that you will be The Department of Public Health and The annual adjustment factor for submitting comments, but find it Environment, in the state of Colorado; adjusting the penalty for excess difficult to do so within the period of The Department of Health and emissions of sulfur dioxide under 40 time allowed by this notice, you should Consolidated Laboratories, in the state CFR Part 77 for compliance year 1995 is advise the contact listed below as soon of North Dakota; 1.196. This value is derived from the as possible. The Department of Environment and Consumer Price Index for 1990 and Direct all comments to Dorothy Natural Resources, in the state of South 1995, as defined in 40 CFR 72.2, and Conway, Federal Communications, Dakota. corresponds to a penalty of $2392 per Room 234, 1919 M St., NW., excess ton of sulfur dioxide emitted. Washington, DC 20554 or via internet to Region 9 The annual adjustment factor for [email protected]. Maricopa County Environmental adjusting the penalty for excess For additional information or copies Management and Transportation emissions of sulfur dioxide and nitrogen of the information collections contact Agency, in the state of Arizona; oxides under 40 CFR Part 77 for Dorothy Conway at 202–418–0217 or via Imperial County Air Pollution Control compliance year 1996 is 1.227. This internet at [email protected]. District, in the state of California; value is derived from the Consumer OMB Approval Number: 3060–0298. Mojave Desert Air Quality Price Index for 1990 and 1996, as Title: Part 61 - Tariffs (Other than the Management District, in the state of defined in 40 CFR Part 72, and Tariff Review Plan). California; corresponds to a penalty of $2454 per Form No.: N/A. North Coast Unified Air Quality excess ton of sulfur dioxide or nitrogen Type of Review: Revision of existing Management District, in the state of oxides emitted. collection. California; FOR FURTHER INFORMATION CONTACT: Respondents: Businesses or other for- San Diego County Air Pollution Donna Deneen, Acid Rain Division profit. Control District, in the state of (6204J), U.S. Environmental Protection Number of Respondents: 2,000. California; Agency, 401 M Street SW, Washington, Estimated Time Per Response: 203 San Luis Obispo County Air Pollution DC 20460 at (202) 233–9089. hours. Control District, in the state of Dated: October 5, 1995. Total Annual Burden: 972,423. California; Needs and Uses: Part 61 rules are Larry F. Kertcher, South Coast Air Quality Management designed to ensure that all tariffs filed District, in the state of California; Acting Director, Acid Rain Division, Office by common carriers are formally sound, of Atmospheric Programs, Office of Air and Ventura County Air Pollution Control Radiation. well organized, and provide the District, in the state of California; Commission and the public with [FR Doc. 95–25181 Filed 10–10–95; 8:45 am] Clark County Health District, in the sufficient information to determine the state of Nevada. BILLING CODE 6560±50±P justness and reasonableness as required by the Act. The Commission is Region 10 modifying Part 61 to implement a The Division of Environmental FEDERAL COMMUNICATIONS separate basket for LEC provided video Quality, in the state of Idaho. COMMISSION dialtone service. Video dailtone service Dated: October 3, 1995. Notice of Public Information differs sufficiently from basic telephone Brian J. McLean, Collections being Reviewed by the service in the other price cap baskets to Director, Acid Rain Division, Office of Federal Communications Commission warrant the creation of its own basket. Atmospheric Programs, Office of Air and The tariffs and cost support information Radiation. October 3, 1995. accompanying them will be used by the [FR Doc. 95–25180 Filed 10–10–95; 8:45 am] The Federal Communications, as part FCC staff to ensure that the tariff rates BILLING CODE 6560±50±P of its continuing effort to reduce to be paid for basic video dialtone paperwork burden invites the general services are just reasonable, and public and other Federal agencies to nondiscriminatory, as Section 201 and [FRL±5313±8] take this opportunity to comment on the 202 of the Communications Act require. following proposed and/or continuing Acid Rain Program: Notice of Annual OMB Approval Number: 3060–0540. information collections, as required by Adjustment Factors for Excess Title: Tariff Filing Requirement for the Paperwork Reduction Act of 1995, Emissions Penalty Nondominant Common Carriers. Public Law 104–13. Comments are Form No.: N/A. AGENCY: Environmental Protection requested concerning (a) whether the Type of Review: Revision of existing Agency (EPA). proposed collection of information is collection. ACTION: Notice of annual adjustment necessary for the proper performance of Respondents: Businesses or other for- factors for excess emissions penalty. the functions of the Commission, profit. including whether the information shall Number of Respondents: 2,000. SUMMARY: Under the Acid Rain Program, have practical utility; (b) the accuracy of Estimated Time Per Response: 10.5 affected units must hold enough the Commissions burden estimates; hours. allowances to cover their sulfur dioxide (c)ways to enhance the quality, utility, Total Annual Burden: 21,000. emissions and meet an emission limit and clarity of the information collected Needs and Uses: 47 CFR Part 61 for nitrogen oxides. Under 40 CFR 77.6, and (d) ways to minimize the burden of Section 61.20–61.23 contain tariff filing Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52913 requirements for nondominant common L.P., and Sprint Corporation rules requires divestiture within ninety carriers. The purpose of the filing (‘‘Petitioners’’), file number CWD–95–7. (90) days of the final license grant, or in requirement is so that the Commission, As a result of this order, Petitioners this instance on or before September 21, customers, and interested parties can have an extension of the post-auction 1995. Petitioners request a extension ensure that the service offerings of divestiture time period for one year, until September 21, 1996, to complete communications common carriers until September 21, 1996, to divest all actions pertaining to the divestiture comply with the requirements of the Sprint’s prohibited cellular interests and including obtaining a letter ruling from Communications Act. The Commission come into compliance with the PCS/ the Internal Revenue Service. recently modified the tariff filing rules cellular cross-ownership rule. This 4. The Commission granted for domestic, nondominant common waiver is conditioned upon the Petitioners a limited waiver in carriers to remove the provision Petitioners demonstrating that the accordance with Section 24.819(a)(1)(i) permitting such carriers to file rates in activities of Sprint Cellular and Sprint of the Commission’s rules. 47 CFR a manner of the carrier’s choosing, Telecommunications Venture will be 24.819(a)(1)(i). The Commission stated including as a reasonable range of rates. separated completely during the waiver that the underlying purpose of the rule Domestic, nondominant common period to prevent anticompetitive would not be served in this instance by carriers must file tariffs containing practices. A certified plan its strict application to Petitioners. In specific rates. demonstrating this separation must be addition, The Commission found that OMB Approval Number: 3060–0531. submitted to the Wireless grant of the waiver would be in the Title: Parts 1 and 21 Redesignating the Telecommunications Bureau’s public interest because a spin-off of the 27.5 GHz Frequency Band, Establishing Commercial Wireless Division within entire Sprint Cellular company to its Rules and Policies for Local Multipoint sixty (60) days of the publication of this shareholders is far more pro-competitive Distribution (NPRM CC Docket No. 92– Order in the Federal Register. than the more limited divestiture 297). DATES: December 11, 1995. required by Section 24.204 of the Form No.: N/A. ADDRESSES: Federal Communications Commission’s rules. Type of Review: Extension of existing Commission, 1919 M Street, N.W., Grant of the waiver is conditioned collection. Washington, D.C. 20554. upon Petitioners submitting a certified Respondents: Businesses or other for- FOR FURTHER INFORMATION CONTACT: plan demonstrating complete separation profit; State, Local or Tribal Lisa Warner, (202) 418–0620, Wireless between Sprint Cellular and Sprint Governments; Small businesses or Telecommunications Bureau, Telecommunications Venture during the organizations. Commercial Wireless Division. waiver period. Number of Respondents: 1,476. SUPPLEMENTARY INFORMATION: Federal Communications Commission. Estimated Time Per Response: 8 This is a hours. synopsis of the Bureau’s Order, in Re William F. Caton, Total Annual Burden: 11,808 hours Request of WirelessCo, L.P., PhillieCo, Acting Secretary. Needs and Uses: The NPRM solicits L.P., and Sprint Corporation for limited [FR Doc. 95–25140 Filed 10–10–95; 8:45 am] public comment to amend 47 CFR Parts waiver of Section 24.204 of the BILLING CODE 6712±01±M 1 and 21 to redesignate the 27.5 - 29.5 Commission’s Rules, File No. CWD–95– GHz frequency and to establish rules 7, adopted September 21, 1995, and and policies for the Local Multipoint released September 21, 1995. The Public Safety Wireless Advisory Distribution Service (LMDS). The complete text of this Order is available Committee; Subcommittee Meetings information requested will be used by for inspection and copying during normal business hours in the Legal AGENCIES: The National FCC personnel to determine whether the Telecommunications and Information applicant is qualified legally and Branch, Room 7130, 2025 M Street, N.W., Washington, D.C. Administration (NTIA) and the Federal technically to be licensed to use the Communications Commission (FCC). radio spectrum. Synopsis of Order ACTION: Notice of Next Meetings of the Federal Communications Commission. 1. This Order resolves the July 26, Spectrum Requirements, William F. Caton, 1995, request by WirelessCo, L.P., Interoperability, Technology, Acting Secretary. PhillieCo, L.P., and Sprint Corporation Operational Requirements, and [FR Doc. 95–25071 Filed 10–10–95; 8:45 am] for a limited waiver of the deadline for Transition Subcommittees of the Public BILLING CODE 6712±01±F completion of cellular divestiture for Safety Wireless Advisory Committee. PCS providers set forth in Section 24.204 of the Commission’s rules, 47 SUMMARY: In accordance with the [DA 95±2017] C.F.R. § 24.204. Federal Advisory Committee Act, Public 2. Section 24.204 prohibits entities Law 92–463, as amended, this notice Limited Waiver of Deadline for with an attributable ownership interest advises interested persons of the next Completion of Cellular Divestiture for in a cellular licensee (20 percent or meetings of the five Subcommittees of PCS Providers more) from obtaining a 30 MHz the Public Safety Wireless Advisory AGENCY: Federal Communications broadband PCS license if the Committee. The NTIA and the FCC Commission. populations of the system’s geographic established a Public Safety Wireless ACTION: Notice. service area and PCS license areas Committee and Subcommittees to overlap significantly. prepare a final report to advise the NTIA SUMMARY: The Chief, Wireless 3. As a result of its PCS activities, and the FCC on operational, technical Telecommunications Bureau released Spring Telecommunications Venture (a and spectrum requirements of Federal, this Order granting a request for a new subsidiary of Sprint and a partner state and local Public Safety entities limited waiver of the Commission’s in WirelessCo and in PhillieCo) have a through the year 2010. All interested Rules regarding deadline for completion ‘‘significant overlap’’) in several markets parties are invited to attend and to of cellular divestiture for PCS providers which requires divestiture of Sprint’s participate in the next round of filed by WirelessCo, L.P., PhillieCo, cellular interests. The Commission’s meetings of the Subcommittees. 52914 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
DATES: October 26, 27, and 28, 1995 Interoperability Subcommittee: James E. FEDERAL MARITIME COMMISSION (Thursday through Saturday). Downes at 202–622–1582 ADDRESSES: Camp Dodge Theater, Camp Operational Requirements Notice of Agreement(s) Filed Dodge, 7700 NW. Beaver Drive, Subcommittee: Paul H. Wieck at 515– The Federal Maritime Commission Johnston, Iowa 50131 (located 281–5261 hereby gives notice of the filing of the northwest of Des Moines, Iowa). Spectrum Requirements Subcommittee: following agreement(s) pursuant to SUPPLEMENTARY INFORMATION: The five Richard N. Allen at 703–630–6617 section 5 of the Shipping Act of 1984. Subcommittees of the Public Safety Technology Subcommittee: Alfred Interested parties may inspect and Wireless Advisory Committee will hold Mello at 401–738–2220 obtain a copy of each agreement at the consecutive meetings over a three day Transition Subcommittee: Ronnie Rand Washington, D.C. Office of the Federal period, Thursday through Saturday, at 904–322–2500 or 800–949–2726 Maritime Commission, 800 North October 26, 27, and 28, 1995. The ext. 600 Capitol Street, N.W., 9th Floor. expected arrangement of the meetings, Interested parties may submit comments which is subject to change at the time For information regarding on each agreement to the Secretary, of the meetings, is as follows: accommodations and transportation, Federal Maritime Commission, October 26, 1995 The Operational contact: Deborah Behlin at 202–418– Washington, D.C. 20573, within 10 days Requirements and Transition 0650 (phone), 202–418–2643 (fax), or after the date of the Federal Register in Subcommittees will meet [email protected] (email). You may also which this notice appears. The consecutively starting at 9:00 a.m. contact Ms. Behlin for general requirements for comments are found in October 27, 1995 The Interoperability information concerning the Public § 572.603 of Title 46 of the Code of and Spectrum Requirements Safety Wireless Advisory Committee. Federal Regulations. Interested persons Subcommittees will meet Information is also available from the should consult this section before consecutively starting at 9:00 a.m. Internet at the Public Safety Wireless communicating with the Commission October 28, 1995 The Technology Advisory Committee homepage (http:// regarding a pending agreement. pswac.ntia.doc.gov). Subcommittee will meet starting at Agreement No.: 224–200960 9:00 a.m. Federal Communications Commission. Title: Port Authority of New York & The agenda for each meeting is as Herbert W. Zeiler, New Jersey/CSAV Container Incentive follows: Deputy Chief, Private Wireless Division, Agreement 1. Welcoming Remarks Wireless Telecommunications Bureau. Parties: Port Authority of New York & 2. Approval of Agenda [FR Doc. 95–25245 Filed 10–10–95; 8:45 am] New Jersey (‘‘Port’’) CSAV 3. Administrative Matters BILLING CODE 6712±01±M Synopsis: The Agreement provides for 4. Work Program/Organization of Work the Port to pay CSAV an incentive of 5. Meeting Schedule $15.00 for each import container and 6. Agenda for Next Meeting [Report No. 2103] $25.00 for each export container 7. Other Business loaded or unloaded from a vessel at 8. Closing Remarks Petition for Reconsideration of Actions the Port’s marine terminals during The tentative schedule and general in Rulemaking Proceedings calendar year 1995, provided each location of future meetings of the container is shipped by rail to or from Subcommittees of Public Safety October 5, 1995. points more than 260 miles from the Wireless Advisory Committee is as Petition for reconsideration has been Port. follows: filed in the Commission rulemaking Dated: October 4, 1995. December 13 and 14, 1995, in proceedings listed in this Public Notice By Order of the Federal Maritime Washington, DC and published pursuant to 47 CFR Commission. January 11, 12, and 13, 1996, at the 1.429(e). The full text of these Joseph C. Polking, University of California (Berkley documents are available for viewing and Secretary. Campus) copying in Room 239, 1919 M Street, February 29, March 1 and 2, 1996, in NW., Washington, DC or may be [FR Doc. 95–25119 Filed 10–10–95; 8:45 am] Orlando, Florida purchased from the Commission’s copy BILLING CODE 6730±01±M The tentative schedule and general contractor ITS, Inc. (202) 857–3800. location of the next full meeting of the Opposition to this petition must be filed Ocean Freight Forwarder License; Public Safety Wireless Advisory October 26, 1995. See Section 1.4(b) (1) Applicants Committee is: December 15, 1995, in of the Commission’s rules (47 CFR Washington, DC. 1.4(b)(1)). Replies to an opposition must Notice is hereby given that the The Co-Designated Federal Officers of be filed within 10 days after the time for following applicants have filed with the the Public Safety Wireless Advisory filing oppositions has expired. Federal Maritime Commission Committee are William Donald Subject: Amendment of Section applications for licenses as ocean freight Speights, NTIA, and John J. Borkowski, 73.202(b), Table of Allotments, FM forwarders pursuant to section 19 of the FCC. For public inspection, a file Broadcast Stations. (Caldwell, TX, et. Shipping Act of 1984 (46 U.S.C. app. designated WTB–1 is maintained in the al) (MM Docket No. 91–58, RM–7419, 1718 and 46 CFR 510). Private Wireless Division of the RM–7797, RM–7798) Persons knowing of any reason why Wireless Telecommunications Bureau, any of the following applicants should Number of Petition Filed: 1 Federal Communications Commission, not receive a license are requested to Room 8010, 2025 M Street, NW., Federal Communications Commission. contact the Office of Freight Forwarders, Washington, DC 20554. William F. Caton, Federal Maritime Commission, FOR FURTHER INFORMATION CONTACT: Acting Secretary. Washington, D.C. 20573. For information regarding the [FR Doc. 95–25143 Filed 10–10–95; 8:45 am] Exincargo, Inc., 8213 NW. 30th Terrace, Subcommittees, contact: BILLING CODE 6712±01±M Miami, FL 33122, Officers: Tell Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52915
Gonzalez, President, Alegandro after changing little in previous months. pressure on reserve positions. In the Gutierrez, Director Orders for nondefense capital goods still context of the Committee’s long-run B & A Express, 24220 Bryn Athyn Way, point to considerable further expansion objectives for price stability and Diamond Bar, CA 91765, Brian Min, of spending on business equipment over sustainable economic growth, and Sole Proprietor coming months; nonresidential giving careful consideration to Atlantis Forwarding, Inc., 505 North construction has continued to trend economic, financial, and monetary Belt East, Suite 442, Houston, TX appreciably higher. The nominal deficit developments, slightly greater reserve 77063, Officers: Roger Vieth, on U.S. trade in goods and services restraint or slightly lesser reserve President, Patricia Dukes, Vice widened in the second quarter from its restraint would be acceptable in the President average rate in the first quarter. After intermeeting period. The contemplated Xonex International, P.O. Box 3043, increasing at elevated rates in the early reserve conditions are expected to be Wilmington, DE 19804, Officers: part of the year, consumer and producer consistent with more moderate growth Katherine E. Holden, President, prices have risen more slowly in recent in M2 and M3 over coming months. William A. Larmore, III, Vice months. Advances in labor By order of the Federal Open Market President compensation costs have remained Committee, October 4, 1995. Intermar International Inc., 9300 N.W. subdued. Donald L. Kohn, 58th Street, Suite 210, Miami, FL Short-term interest rates have posted Secretary, Federal Open Market Committee. 33178, Officers: Angelo Carrasquillo, mixed changes since the Committee [FR Doc. 95-25185 Filed 10-10-95; 8:45 am] President, Luis A. Camacho, Vice meeting on July 5-6, while intermediate- BILLING CODE 6210-01-F President and long-term rates have risen Dated: October 4, 1995. appreciably. In foreign exchange By the Federal Maritime Commission. markets, the trade-weighted value of the Boatmen's Bancshares, Inc., et al.; Joseph C. Polking, dollar in terms of the other G-10 Formations of, Acquisitions by, and currencies appreciated substantially Mergers of Bank Holding Companies; Secretary. over the intermeeting period, with the and Acquisitions of Nonbanking [FR Doc. 95–25118 Filed 10–10–95; 8:45 am] gain occurring since the beginning of Companies BILLING CODE 6730±01±M August. M2 and M3 continued to register The companies listed in this notice sizable increases in July and appeared to have applied under § 225.14 of the FEDERAL RESERVE SYSTEM be expanding considerably further in Board’s Regulation Y (12 CFR 225.14) August. For the year through July, M2 for the Board’s approval under section Federal Open Market Committee; expanded at a rate in the upper half of 3 of the Bank Holding Company Act (12 Domestic Policy Directive of August its range for 1995 and M3 grew at a rate U.S.C. 1842) to become a bank holding 22, 1995 above its upwardly revised range. Total company or to acquire voting securities of a bank or bank holding company. The In accordance with § 271.5 of its rules domestic nonfinancial debt has grown at listed companies have also applied regarding availability of information (12 a rate in the upper half of its monitoring under § 225.23(a)(2) of Regulation Y (12 CFR part 271), there is set forth below range in recent months. CFR 225.23(a)(2)) for the Board’s the domestic policy directive issued by The Federal Open Market Committee approval under section 4(c)(8) of the the Federal Open Market Committee at seeks monetary and financial conditions Bank Holding Company Act (12 U.S.C. its meeting held on August 22, 1995.1 that will foster price stability and 1843(c)(8)) and § 225.21(a) of Regulation The directive was issued to the Federal promote sustainable growth in output. Y (12 CFR 225.21(a)) to acquire or Reserve Bank of New York as follows: In furtherance of these objectives, the The information reviewed at this Committee at its meeting in July control voting securities or assets of a meeting suggests a strengthening in the reaffirmed the range it had established company engaged in a nonbanking expansion of economic activity in the on January 31-February 1 for growth of activity that is listed in § 225.25 of current quarter from the weak second- M2 of 1 to 5 percent, measured from the Regulation Y as closely related to quarter pace. Nonfarm payroll fourth quarter of 1994 to the fourth banking and permissible for bank employment increased in June and July quarter of 1995. The Committee also holding companies, or to engage in such after declining in May; the advance was retained the monitoring range of 3 to 7 an activity. Unless otherwise noted, held down by continuing employment percent for the year that it had set for these activities will be conducted losses in manufacturing. The civilian growth of total domestic nonfinancial throughout the United States. The applications are available for unemployment rate in July was at its debt. The Committee raised the 1995 immediate inspection at the Federal second-quarter average of 5.7 percent. range for M3 to 2 to 6 percent as a Reserve Bank indicated. Once the Industrial production changed little in technical adjustment to take account of application has been accepted for recent months after falling earlier while changing intermediation patterns. For processing, it will also be available for capacity utilization was down 1996, the Committee established on a inspection at the offices of the Board of somewhat further. Total retail sales have tentative basis the same ranges as in Governors. Interested persons may risen appreciably on balance since early 1995 for growth of the monetary express their views in writing on the spring, but they edged down in July, aggregates and debt, measured from the question whether consummation of the reflecting weakness in motor vehicles. fourth quarter of 1995 to the fourth proposal can ‘‘reasonably be expected to Housing starts were up sharply in July quarter of 1996. The behavior of the monetary aggregates will continue to be produce benefits to the public, such as 1 Copies of the Minutes of the Federal Open evaluated in the light of progress toward greater convenience, increased Market Committee meeting of August 22, 1995, price level stability, movements in their competition, or gains in efficiency, that which include the domestic policy directive issued velocities, and developments in the outweigh possible adverse effects, such at that meeting, are available upon request to the economy and financial markets. as undue concentration of resources, Board of Governors of the Federal Reserve System, Washington, D.C. 20551. The minutes are published In the implementation of policy for decreased or unfair competition, in the Federal Reserve Bulletin and in the Board’s the immediate future, the Committee conflicts of interests, or unsound annual report. seeks to maintain the existing degree of banking practices.’’ Any request for a 52916 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices hearing on this question must be Also in connection with this Bank Holding Company Act (12 U.S.C. accompanied by a statement of the application, Acquisition Sub, Inc., also 1843(c)(8)) and § 225.21(a) of Regulation reasons a written presentation would has applied to become a bank holding Y (12 CFR 225.21(a)) to commence or to not suffice in lieu of a hearing, company. engage de novo, either directly or identifying specifically any questions of 2. Mercantile Bancorporation Inc., St. through a subsidiary, in a nonbanking fact that are in dispute, summarizing the Louis, Missouri; to acquire 100 percent activity that is listed in § 225.25 of evidence that would be presented at a of the voting shares of Hawkeye Regulation Y as closely related to hearing, and indicating how the party Bancorporation, Des Moines, Iowa, and banking and permissible for bank commenting would be aggrieved by thereby indirectly acquire The Citizens holding companies. Unless otherwise approval of the proposal. National Bank of Boone-Stratford, noted, such activities will be conducted Unless otherwise noted, comments Boone, Iowa; Hawkeye Bank of Ankeny, throughout the United States. regarding each of these applications Ankeny, Iowa; Hawkeye Bank of Cedar Each application is available for must be received at the Reserve Bank Rapids, Cedar Rapids, Iowa; Hawkeye immediate inspection at the Federal indicated or the offices of the Board of Bank of Centerville, N.A., Centerville, Reserve Bank indicated. Once the Governors not later than November 3, Iowa; Hawkeye Bank of Chariton, application has been accepted for 1995. Chariton, Chariton, Iowa; Hawkeye processing, it will also be available for A. Federal Reserve Bank of St. Louis Bank of Clay County, Spencer, Iowa; inspection at the offices of the Board of (Randall C. Sumner, Vice President) 411 Hawkeye Bank of Clinton County, N.A., Governors. Interested persons may Locust Street, St. Louis, Missouri 63166: Clinton, Iowa; Hawkeye Bank of Council express their views in writing on the 1. Boatmen’s Bancshares, Inc., and Bluffs, Council Bluffs, Iowa; Hawkeye question whether consummation of the Acquisition Sub, Inc., both of St. Louis, Bank of Des Moines, Des Moines, Iowa; proposal can ‘‘reasonably be expected to Missouri; to acquire 100 percent of the Hawkeye Bank of Dubuque, N.A., produce benefits to the public, such as voting shares of Fourth Financial Dubuque, Iowa; Hawkeye Bank of greater convenience, increased Humboldt County, Humboldt, Iowa; Corporation, Wichita, Kansas, and competition, or gains in efficiency, that Hawkeye Bank of Jasper County, outweigh possible adverse effects, such thereby indirectly acquire Bank IV, Newton, Iowa; Hawkeye Bank of Lyon as undue concentration of resources, National Association, Wichita, Kansas; County, Rock Rapids, Iowa; Hawkeye decreased or unfair competition, and Bank IV Oklahoma, National Bank of Maquoketa, Maquoketa, Iowa; conflicts of interests, or unsound Association, Tulsa, Oklahoma. Hawkeye Bank of Marshalltown, banking practices.’’ Any request for a In connection with this application, Marshalltown, Iowa; Hawkeye Bank of hearing on this question must be Applicants have applied to acquire Mount Ayr, Mount Ayr, Iowa; Hawkeye accompanied by a statement of the Bank IV Community Development Bank of Mt. Pleasant, Mount Pleasant, reasons a written presentation would Corporation, Wichita, Kansas; and Iowa; Hawkeye Bank of Onawa, Onawa, not suffice in lieu of a hearing, thereby engage in making equity and Iowa; Hawkeye Bank of Osceola County, identifying specifically any questions of debt investments in corporations or N.A., Sibley, Iowa; Hawkeye Bank of fact that are in dispute, summarizing the projects designed primarily to promote Pella, N.A., Pella, Iowa; Hawkeye Bank evidence that would be presented at a community welfare, such as the of Tipton, Tipton, Iowa; Hawkeye Bank hearing, and indicating how the party economic rehabilitation and of Vinton, Vinton, Iowa; and Hawkeye commenting would be aggrieved by development of low-income areas by Bank of Washington County, N.A., approval of the proposal. providing housing, services or jobs for Washington, Iowa. Unless otherwise noted, comments residents, pursuant to § 225.25(b)(6) of In connection with this application, regarding the applications must be the Board’s Regulation Y; Fourth Applicant also has applied to acquire received at the Reserve Bank indicated Financial Insurance Company, Wichita, Hawkeye Guaranteed Loans, Inc., Des or the offices of the Board of Governors Kansas, and thereby engage in the Moines, Iowa, and thereby engage in not later than October 24, 1995. reinsurance of credit life and accident providing funding and servicing for A. Federal Reserve Bank of New and health insurance, directly related to government guaranteed FMHA loans, York (William L. Rutledge, Senior Vice an extension of credit by Bank IV pursuant to § 225.25(b)(1) of the Board’s President) 33 Liberty Street, New York, Kansas, N.A., Wichita, Kansas, and Regulation Y; and Hawkeye Leasing New York 10045: Bank IV Oklahoma, N.A., Tulsa, Corporation, Des Moines, Iowa; and 1. Citicorp, New York, New York; to Oklahoma, and that is limited to thereby engage in the leasing of engage de novo through its subsidiary, ensuring the repayment of the commercial equipment, pursuant to § Citicorp North America, Inc., New York, outstanding balance due on the 225.25(b)(5) of the Board’s Regulation Y. New York, in community development extension of credit, in the event of the Board of Governors of the Federal Reserve activities, such as making equity and death or disability of the debtor, System, October 4, 1995. debt investments in corporations or pursuant to § 225.25(b)(8) of the Board’s Jennifer J. Johnson, projects designed primarily to promote Regulation Y; Fourth Investment Deputy Secretary of the Board. community welfare;, pursuant to § Advisors, Inc., Tulsa, Oklahoma, and 225.25(b)(6) of the Board’s Regulation Y. [FR Doc. 95-25152 Filed 10-10-95; 8:45 am] thereby engage in providing portfolio The geographic scope for these activities investment advice, pursuant to § BILLING CODE 6210-01-F is worldwide. 225.25(b)(4) of the Board’s Regulation Y; B. Federal Reserve Bank of Chicago Southgate Trust Company, Overland Citicorp, et al.; Notice of Applications (James A. Bluemle, Vice President) 230 Park, Kansas, and thereby engage in to Engage de novo in Permissible South LaSalle Street, Chicago, Illinois performing functions or activities that Nonbanking Activities 60690: maybe performed by a trust company 1. Associated Banc-Corp., Green Bay, (including activities of a fiduciary, The companies listed in this notice Wisconsin; to engage de novo through it agency, or custodial nature), in the have filed an application under § subsidiary, Associated Banc-Corp manner authorized by federal or state 225.23(a)(1) of the Board’s Regulation Y Services, Inc., Green Bay, Wisconsin, in law, pursuant to § 225.25(b)(3) of the (12 CFR 225.23(a)(1)) for the Board’s data processing activities, pursuant to § Board’s Regulation Y. approval under section 4(c)(8) of the 225.25(b)(7) of the Board’s Regulation Y. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52917
Board of Governors of the Federal Reserve pursuant to § 225.25(b)(9) of the Board’s Richard J. Thompson; Change in Bank System, October 4, 1995. Regulation Y. The geographic scope for Control Notice; Acquisition of Shares Jennifer J. Johnson, these activities is Arkansas. of Banks or Bank Holding Companies Deputy Secretary of the Board. Board of Governors of the Federal Reserve The notificant listed below has [FR Doc. 95-25153 Filed 10-10-95; 8:45 am] System, October 4, 1995. applied under the Change in Bank BILLING CODE 6210-01-F Jennifer J. Johnson, Control Act (12 U.S.C. 1817(j)) and § Deputy Secretary of the Board. 225.41 of the Board’s Regulation Y (12 Mercantile Bancorporation, Inc.; [FR Doc. 95-25154 Filed 10-10-95; 8:45 am] CFR 225.41) to acquire a bank or bank holding company. The factors that are Acquisition of Company Engaged in BILLING CODE 6210-01-F Permissible Nonbanking Activities considered in acting on notices are set forth in paragraph 7 of the Act (12 The organization listed in this notice Mercantile Bancorporation, Inc.; U.S.C. 1817(j)(7)). has applied under § 225.23(a)(2) or (f) Formation of, Acquisition by, or The notice is available for immediate of the Board’s Regulation Y (12 CFR inspection at the Federal Reserve Bank Merger of Bank Holding Companies 225.23(a)(2) or (f)) for the Board’s indicated. Once the notice has been approval under section 4(c)(8) of the The company listed in this notice has accepted for processing, it will also be Bank Holding Company Act (12 U.S.C. available for inspection at the offices of applied for the Board’s approval under 1843(c)(8)) and § 225.21(a) of Regulation the Board of Governors. Interested section 3 of the Bank Holding Company Y (12 CFR 225.21(a)) to acquire or persons may express their views in Act (12 U.S.C. 1842) and § 225.14 of the control voting securities or assets of a writing to the Reserve Bank indicated company engaged in a nonbanking Board’s Regulation Y (12 CFR 225.14) to for the notice or to the offices of the activity that is listed in § 225.25 of become a bank holding company or to Board of Governors. Comments must be Regulation Y as closely related to acquire a bank or bank holding received not later than October 24, 1995. banking and permissible for bank company. The factors that are A. Federal Reserve Bank of Kansas holding companies. Unless otherwise considered in acting on the applications City (John E. Yorke, Senior Vice noted, such activities will be conducted are set forth in section 3(c) of the Act President) 925 Grand Avenue, Kansas throughout the United States. (12 U.S.C. 1842(c)). City, Missouri 64198: The application is available for The application is available for 1. Richard J. Thompson, Oklahoma immediate inspection at the Federal immediate inspection at the Federal City, Oklahoma; to retain a total of 13.74 Reserve Bank indicated. Once the Reserve Bank indicated. Once the percent of the voting shares of First Ada application has been accepted for application has been accepted for Bancshares, Inc., Ada, Oklahoma, and processing, it will also be available for processing, it will also be available for thereby indirectly acquire First National inspection at the offices of the Board of Bank & Trust Co., Ada, Oklahoma. inspection at the offices of the Board of Governors. Interested persons may Governors. Interested persons may Board of Governors of the Federal Reserve express their views in writing on the System, October 4, 1995. question whether consummation of the express their views in writing to the Reserve Bank indicated for that Jennifer J. Johnson, proposal can ‘‘reasonably be expected to Deputy Secretary of the Board. produce benefits to the public, such as application or to the offices of the Board [FR Doc. 95-25156 Filed 10-10-95; 8:45 am] greater convenience, increased of Governors. Any comment on an competition, or gains in efficiency, that application that requests a hearing must BILLING CODE 6210-01-F outweigh possible adverse effects, such include a statement of why a written as undue concentration of resources, presentation would not suffice in lieu of decreased or unfair competition, a hearing, identifying specifically any GENERAL ACCOUNTING OFFICE conflicts of interests, or unsound questions of fact that are in dispute and Federal Accounting Standards banking practices.’’ Any request for a summarizing the evidence that would Advisory Board hearing on this question must be be presented at a hearing. accompanied by a statement of the Comments regarding this application AGENCY: General Accounting Office. reasons a written presentation would must be received not later than ACTION: Extension of Comment Deadline not suffice in lieu of a hearing, November 3, 1995. and Postponement of Public Hearing for identifying specifically any questions of Supplementary Stewardship Reporting A. Federal Reserve Bank of St. Louis fact that are in dispute, summarizing the Exposure Draft. evidence that would be presented at a (Randall C. Sumner, Vice President) 411 hearing, and indicating how the party Locust Street, St. Louis, Missouri 63166: SUMMARY: Pursuant to Section 10(a)(2) of commenting would be aggrieved by 1. Mercantile Bancorporation, Inc., St. the Federal Advisory Committee Act approval of the proposal. Louis, Missouri; to acquire 100 percent (Pub. L. No. 92–463), as amended, Comments regarding the application of the voting shares of First Sterling information previously announced must be received at the Reserve Bank Bancorp, Inc., Sterling, Illinois, and about the dates for the comment indicated or the offices of the Board of thereby indirectly acquire First National deadline and public hearing on the Governors not later than October 24, Bank of Sterling Rock Falls, Sterling, Supplementary Stewardship Reporting Exposure Draft of the Federal 1995. Illinois. A. Federal Reserve Bank of St. Louis Accounting Standards Advisory Board (Randall C. Sumner, Vice President) 411 Board of Governors of the Federal Reserve is modified as follows: Locust Street, St. Louis, Missouri 63166: System, October 4, 1995. • The comment deadline for the 1. Mercantile Bancorporation, Inc., St. Jennifer J. Johnson, Supplementary Stewardship Reporting Louis, Missouri; to acquire Security Deputy Secretary of the Board. Exposure Draft is hereby extended from Bank of Conway, F.S.B., Conway, [FR Doc. 95-25155 Filed 10-10-95; 8:45 am] October 4 to November 13. Arkansas, and thereby engage in owning • The public hearing on the and operating a savings association, BILLING CODE 6210-01-F Supplementary Stewardship Reporting 52918 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
Exposure Draft is hereby postponed DEPARTMENT OF HEALTH AND System Devices Panel; Clinical from October 1995 to December 1995, HUMAN SERVICES Chemistry and Clinical Toxicology actual date to be announced later in the Devices Panel (met jointly with the Federal Register. Food and Drug Administration Microbiology Devices Panel); Dental Products Panel; Ear, Nose, and Throat FOR FURTHER INFORMATION CONTACT: Advisory Committees; Filing of Annual Devices Panel; Gastroenterology and Ronald S. Young, Executive Staff Reports Urology Devices Panel; General and Director, 750 First ST., NE., Room 1001, AGENCY: Food and Drug Administration, Plastic Surgery Devices Panel; General Washington, DC 20002, or call (202) HHS. Hospital and Personal Use Devices 512–7350. Panel; Hematology and Pathology ACTION: Notice. Authority: Federal Advisory Committee Devices Panel; Immunology Devices Act. Pub. L. No. 92–463, Section 10(a)(2), 86 SUMMARY: The Food and Drug Panel; Neurological Devices Panel; Stat. 770, 774 (1972) (current version at 5 Administration (FDA) is announcing Obstetrics and Gynecology Devices U.S.C. app. section 10(a)(2) (1988); 41 CFR that, as required by the Federal Panel; Ophthalmic Devices Panel; 101–6.1015 (1990). Advisory Committee Act, the agency has Orthopedic and Rehabilitation Dated: October 5, 1995. filed with the Library of Congress the Devices Panel; and the Radiological Ronald S. Young, annual reports of those FDA advisory Devices Panel). Executive Director. committees that held closed meetings Center for Veterinary Medicine: [FR Doc. 95–25195 Filed 10–10–95; 8:45 am] during fiscal year 1994. FDA apologizes Veterinary Medicine Advisory BILLING CODE 1610±01±M for the lateness in the filing of these Committee. reports due to circumstances beyond the Office of Science: Science Board to the agency’s control. Food and Drug Administration. National Center for Toxicological Federal Accounting Standards ADDRESSES: Copies are available from Research: Science Advisory Board to Advisory Board the Dockets Management Branch (HFA– the National Center for Toxicological 305), Food and Drug Administration, AGENCY: General Accounting Office. Research. 12420 Parklawn Dr., rm. 1–23, Annual reports are available for ACTION: Notice of monthly meeting. Rockville, MD 20857, 301–443–1751. public inspection at: (1) The Library of FOR FURTHER INFORMATION CONTACT: Congress, Madison Bldg., Newspaper SUMMARY: Pursuant to section 10(a)(2) of Donna M. Combs, Committee and Current Periodical Reading Room, the Federal Advisory Committee Act Management Office (HFA–306), Food 101 Independence Ave. SE., rm. 133, (Pub. L. No. 92–463), as amended, and Drug Administration, 5600 Fishers Washington, DC; and (2) the Dockets notice is hereby given that the regular Lane, Rockville, MD 20857, 301–443– Management Branch (HFA–305), Food monthly meeting of the Federal 2765. and Drug Administration, 12420 Accounting Standards Advisory Board SUPPLEMENTARY INFORMATION: Under Parklawn Dr., rm. 1–23, Rockville, MD will be held on Thursday, October 19 section 13 of the Federal Advisory 20857, between 9 a.m. and 4 p.m., from 9 a.m. to 4 p.m., continuing on Committee Act (5 U.S.C. app. 2) and 21 Monday through Friday. Thursday, October 26, and concluding CFR 14.60(c), FDA has filed with the Dated: October 3, 1995. on Friday, October 27, 1995 at noon in Library of Congress the annual reports David A. Kessler, room 7C13 of the General Accounting for the following FDA advisory Office, 441 G St., NW., Washington, DC. committees that held closed meetings Commissioner of Food and Drugs. [FR Doc. 95–25072 Filed 10–10–95; 8:45 am] The purpose of the meeting is to during the period October 1, 1993, BILLING CODE 4160±01±F discuss issues arising from the through September 30, 1994: September 20 public hearing on Center for Biologics Evaluation and Research: Biological Response Accounting for Revenue and Other National Institutes of Health Financing Sources exposure draft and to Modifiers Advisory Committee, Blood discuss any other issues related to the Products Advisory Committee, Government-Owned Inventions; exposure draft. Vaccines and Related Biological Availability for Licensing Products Advisory Committee. Any interested person may attend the Center for Drug Evaluation and AGENCY: National Institutes of Health, meeting as an observer. Board Research: Anesthetic and Life Support HHS. discussions and reviews are open to the Drugs Advisory Committee, Anti- ACTION: Notice. public. Infective Drugs Advisory Committee, The inventions listed below are FOR FURTHER INFORMATION CONTACT: Antiviral Drugs Advisory Committee, Cardiovascular and Renal Drugs owned by agencies of the U.S. Ronald S. Young, Executive Staff Advisory Committee, Dermatologic Government and are available for Director, 750 First St., NE., Room 1001, and Ophthalmic Drugs Advisory licensing in the U.S. in accordance with Washington, DC 20002, or call (202) Committee (formerly Dermatologic 35 U.S.C. 207 to achieve expeditious 512–7350. Drugs Advisory Committee), commercialization of results of federally Authority: Federal Advisory Committee Gastrointestinal Drugs Advisory funded research and development. Act. Pub. L. No. 92–463, Section 10(a)(2), 86 Committee, Nonprescription Drugs Foreign patent applications are filed on Stat. 770, 774 (1972) (current version at 5 Advisory Committee, Oncologic Drugs selected inventions to extend market U.S.C. app. section 10(a)(2) (1988); 41 CFR Advisory Committee, Pulmonary- coverage for U.S. companies and may 101–6.1015) (1990). Allergy Drugs Advisory Committee. also be available for licensing. Dated: October 5, 1995. Center for Devices and Radiological ADDRESSES: Licensing information and Ronald S. Young, Health: Medical Devices Advisory copies of the U.S. patent applications Executive Director. Committee (consisting of reports for listed below may be obtained by writing [FR Doc. 95–25194 Filed 10–10–95; 8:45 am] the Anesthesiology and Respiratory to the indicated Licensing Specialist at BILLING CODE 1610±01±M Therapy Devices Panel; Circulatory the Office of Technology Transfer, Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52919
National Institutes of Health, 6011 It also covers the methods for detecting Serial No. 08/357,845 Executive Boulevard, Suite 325, 0157:H7 and other enterohemorrhagic E. Licensing Contact: David Sadowski, Rockville, Maryland 20852–3804 coli by targeting the EHEC hlyA gene, 301/496–7735 ext 288 (telephone 301/496–7735; fax 301/402– the hlyB gene, fragments and The preparation of optically active 0220). A signed Confidential Disclosure combinations thereof. Such methods compounds is very important for the Agreement will be required to receive rely on nucleic acid probes and development of new biologically active copies of the patent applications. amplification primers specific for substances. The ability to separate sequences of hlyA and hlyB genes. As Method and Use of Trichohyalin and enantiomers is therefore crucial. This such, the technology covered in the Transglutaminase-3 invention embodies a chromatographic invention provides nucleic acid probes technique that allows for gram-quantity Steinert, P.M., Lee, S–C, Kim, I–G and amplification primers useful for the separation of chiral compounds. This (NIAMS) rapid, sensitive, and specific method provides unique advantages Filed 30 Apr 93 amplification for detection of over conventional methods in terms of Serial No. 08/056,200 enterohemorrhagic E. coli and a sample size, choice of chiral selectors, Licensing Contact: Carol Lavrich, 301/ detection kit embracing the above and cost-effectiveness. [portfolio: 496–7735 ext 287 aspects. [portfolio: Infectious Diseases— Devices/Instrumentation—Research The invention relates to the discovery Diagnostics, bacterial] Tools] of the sequence of a protein involved in Chimeric Papillomavirus-Like Particles Dated: September 29, 1995. forming a structural component of the Barbara M. McGarey, hair follicle and epidermis: human Lowy, D.R., Schiller, J.T., Greenstone, H. trichohyalin. Human trichohyalin is an (NCI) Deputy Director, Office of Technology Transfer. ideal substrate for cross-linking to other Filed 6 Oct 94 Serial No. 08/319,467 proteins, a reaction that is catalyzed by [FR Doc. 95–25082 Filed 10–10–95; 8:45 am] Licensing Contact: Steven Ferguson, BILLING CODE 4140±01±P transglutaminase-3. Trichohyalin used 301/496–7735 ext 266 in conjunction with transglutaminase Human papillomavirus (HPV) forms a naturally-occurring infection causes benign epithelial and Notice of Meeting proteinaceous gel with potential fibro-epithelial tumors (genital warts), application in the areas of food and is implicated as a cause of certain Notice if hereby given of the meeting production/stabilization, cosmetics and forms of cancer, particularly cervical of the NIH AIDS Research Program coverage for open wounds and burns. cancer. Evaluation Working Group Area Review We have demonstrated that, using The current invention embodies an Panel on Behavioral, Social Science, cloned cDNAs, the combination of improved vaccine against infection by and Prevention Research on November human trichohyalin with an enzyme papillomaviruses. Two viral genes, L1 2, 1995 from 8:30 a.m. to 5 p.m. at the that is capable of cross-linking proteins and L2, encode the proteins which give Omni Shoreham Hotel, 2500 Calvert can produce a stable, quickly-formed rise to papillomavirus particles. The Street, NW., Washington, DC. The proteinaceous gel. This technology may vaccine embodied herein consists of meeting will be open to the public from be useful for the treatment of skin recombinant papilloma virus-like 10 a.m. to 12:30 p.m., and the closed diseases and may have benefit as a particles (VLPs), which are chimeras portion will be from 8:30 a.m. to 10 transglutaminase replacement therapy. comprised of the L1 capsid protein and a.m., and 1:30 p.m. to 5 p.m. The goal is to use the resources of a an L2 fusion product. The fusion The NIH Revitalization Act of 1993 collaborator to further develop the product consists of the L2 capsid authorizes the Office of AIDS Research manufacturing and purification process protein recombinantly fused to other (OAR) to evaluate the AIDS research to increase yield, to conduct toxicology HPV peptides or proteins. The resulting activities of NIH. The NIH AIDS studies, and to evaluate potential use VLPs exhibit the ability to induce high Research Program Evaluation Working and efficacy of the compound. It is levels of neutralizing antibodies against Group was established by the OAR to expected that the collaborator will have papillomavirus infection. The resulting carry out this major evaluation the resources, facilities, and capabilities subunit vaccine is believed to initiative, reviewing and assessing each to produce the compound in sufficient demonstrate improved efficacy in of the components of the NIH AIDS quantity and conduct testing of the preventing HPV infection, compared to research endeavor to determine whether concepts. [portfolio: Internal VLPs composed of L1 and L2 proteins those components are appropriately Medicine—Miscellaneous] alone, and may also prove valuable as designed and coordinated to answer the A New and Distinctive DNA Sequence a therapeutic agent in eliminating pre- critical scientific questions to lead to of E. Coli 0157:H7 and Its Uses for existing HPV infection. better treatments, preventions, and a Rapid, Sensitive, and Specific Detection In addition, the L2 fusion products cure for AIDS. Six Area Review Panels of 0157:H7 and Other can incorporate peptides or proteins of were also established to address the Enterohemorrhagic E. Coli other infectious agents, resulting in following research areas: Natural VLPs which can immunize recipients History and Epidemiology; Etiology and Hall, R.H. and Xu, J–G. (FDA) against not only HPV infection, but also Pathogenesis; Clinical Trials; Drug Filed 14 Jun 94 other, unrelated diseases. [portfolio: Discovery; Vaccines; and Behavioral Serial No. 08/258,188 Infectious Diseases—Diagnostics, viral, and Social Sciences Research. Licensing Contact: Girish Barua, 301/ non-AIDS; Infectious Diseases— The purpose of the meeting is to seek 496–7735 ext 263 Vaccines, viral, non-AIDS] input from individuals and The invention provides isolated organizations interested in the nucleic acid sequences corresponding to Chiral Separation of Enantiomers by evaluation of AIDS research in the areas the EHEC hlyA gene, the EHEC hlyB High-Speed Countercurrent of behavioral, social science, and gene, and the intergenic region between Chromatography prevention research. Examples of areas the hlyA gene and the hlyB gene which Ma, Y., Ito, Y. (NHLBI) under consideration by the panel are unique to enterohemorrhagic E. coli. Filed 16 Dec 94 include neuropsychological, 52920 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices psychological, social and cultural allowed to make a brief oral Dated: October 2, 1995. determinants of risky sexual and presentation at the conclusion of the Ruth L. Kirschstein, substance use behavior; meeting, if time permits, and at the Deputy Director, NIH. neuropsychiatric and psychosocial discretion of the Chairperson. [FR Doc. 95–25083 Filed 10–10–95; 8:45 am] consequences of HIV infection, Individuals wishing to provide only BILLING CODE 4140±01±P including stress, coping, caregiving, and written statements should send three (3) social stigma, research methodologies typewritten copies of their comments, employed in AIDS behavioral research, including a brief description of their DEPARTMENT OF THE INTERIOR including quantitative techniques for organization, to the above address no developing and evaluating preventive late than 4 p.m. EDT on October 23. Bureau of Land Management interventions; and the utility of AIDS Statements submitted after that date will behavioral intervention research to be accepted. They may not, however, be [OR±130±1020±00; GP6±003] affected communities. The NIH AIDS made available to the Area Review Notice of Meeting of Eastern Research Program Evaluation Working Panel prior to the meeting, though they Group will develop recommendations to Washington Resource Advisory will be provide subsequently as written Council be made to the Office of AIDS Research testimony. Advisory Council that address the Individuals who plan to attend and AGENCY: Bureau of Land Management, overall NIH AIDS research initiatives, need special assistance, such as sign Spokane District. both intramural and extramural, and language interpretation or other ACTION: Meeting of Eastern Washington identify long-range goals in the relevant accommodations, should contact Dr. Resource Advisory Council; Spokane, areas of science. These Auerbach in advance of the meeting. Washington; November 9, 1995. recommendations will provide the Dated: October 3, 1995. framework for future planning and SUMMARY: A meeting of the Eastern Susan K. Feldman, budget development of the NIH AIDS Washington Resource Advisory Council research program. Committee Management Officer, NIH. will be held on November 9, 1995, from There will be a closed session from [FR Doc. 95–25084 Filed 10–10–95; 8:45 am] 9:00 a.m. to 3:30 p.m. at the Bureau of 8:30 a.m. to 10 a.m., and 1:30 p.m. to BILLING CODE 4140±01±M Land Management, Spokane District 5 p.m. to update the Panel members on Office, 1103 N. Fancher, Spokane, privileged information on institute and Washington, 99212. At an appropriate Public Health Service center grant and contract portfolios. time, the Council meeting will recess for The open session from 10 a.m. to approximately one hour for lunch. 12:30 p.m. will begin with a brief National Institutes of Health; Notice of Public comments will be received from overview of panel activities by members Meeting of the NIH Director's Advisory 10:00 a.m. to 10:30 a.m. Topics to be of the panel. The remainder of the Panel on Clinical Research discussed are administrative activities meeting will be devoted to presentations from individuals and organizations. The Notice is hereby given that the NIH of the Council, the Interior Columbia session is open to the public; however, Director’s Advisory Panel on Clinical Basin Ecosystem Management Project, attendance may be limited by seat Research, a group reporting to the and standards and guidelines for availability. Advisory Committee to the Director livestock grazing of the public lands. Comments should be confined to (ACD), National Institutes of Health FOR FURTHER INFORMATION CONTACT: statements related to the current status (NIH), will meet in public session in Richard Hubbard, Bureau of Land of NIH AIDS research in the areas of Wilson Hall, third floor of the Shannon Management, Spokane District Office, primary prevention and behavioral Building (Building 1) National Institutes 1103 N. Fancher, Spokane, Washington, interventions and recommendations for of Health, Bethesda, Maryland 20892, 99212; or call 509–536–1200. On October 31, 1995 from 8:30 a.m. consideration by the panel in assessing Dated: October 4, 1995. until approximately 3:30 p.m. and reviewing the relevant research in Joseph K. Buesing, The goal of the Panel is to review the these areas. District Manager. Only one representative of an status of clinical research in the United organization may present oral States and to make recommendations to [FR Doc. 95–25162 Filed 10–10–95; 8:45 am] comments. Each speaker will be the ACD about how to ensure its BILLING CODE 4310±33±M permitted 5 minutes for their effective continuance. Topics to be presentation. Interested individuals and considered at this meeting are funding Bureau of Mines representatives of organizations must of the General Clinical Research Centers submit a letter of intent to present and the NIH Clinical Center. Information Collection Submitted to comments and three (3) typewritten Attendance may be limited to seat the Office of Management and Budget copies of the presentation, along with a availability. If you plan to attend the for Review Under the Paperwork brief description of the organization meeting as an observer or if you wish Reduction Act represented, to the attention of Dr. additional information, please contact Judith D. Auerbach, Office of AIDS Richard G. Wyatt, M.D., National The proposal for the collection of Research, NIH, 231 Center Drive, MSC Institutes of Health, Building 1, Room information listed below has been 2340, Building 31, Room 4C06, 140, 1 Center Drive, MSC 0151, submitted to the Office of Management Bethesda, MD 20892–2340, (301) 402– Bethesda, Maryland 20892–0151, and Budget for approval under the 3555, FAX: (301) 402–8638. Letters of telephone (301) 496–4920, fax (301) provisions of the Paperwork Reduction intent an copies of presentations must 402–0027, by October 20, 1995. Act (44 U.S.C. Chapter 35). Copies of the be received no later than 5 p.m. EDT on Individuals who plan to attend and proposed collection of information and Monday, October 23. need special assistance, such as sign related forms and explanatory material Any person attending the meeting language interpretation or other special may be obtained by contacting the who does not request an opportunity to accommodations, should contact Dr. Bureau’s clearance officer at the phone speak in advance of the meeting will be Wyatt in advance of the meeting. number listed below. Comments and Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52921 suggestions on the requirement should subject to certain conditions set forth 84114, telephone (801) 524–5001, be made directly to the Bureau therein. The permit was granted only between the hours of 7:30 a.m. to 4:30 clearance officer and to the Office of after it was determined that it was p.m. weekdays. Management and Budget, Paperwork applied for in good faith, that by Dated: October 2, 1995. granting the permit it will not be to the Reduction Project, Washington, DC Terry T. Terrell, 20503, telephone 202–395–3470. disadvantage of the threatened species, Deputy Regional Director, Denver, CO. Title: Helium End-Use Survey and that it will be consistent with the Abstract: Respondents supply purposes and policy set forth in the [FR Doc. 95–25150 Filed 10–10–95; 8:45 am] information which will be used by the Endangered Species Act, as amended. BILLING CODE 4310±55±M Bureau of Mines, Division of Helium Additional infromation on this permit action may be obtained by contacting Field Operations to (a) update current Availability of Draft Recovery Plan for trends in helium usage, (b) predict the Assistant Field Supervisor, U.S. Fish and Wildlife Service, 145 East 1300 the Big Island (Island of Hawaii); Plant future domestic helium demands, and cluster for Review and Comment (c) determine the prospects of South, Suite 404, Salt Lake City, Utah potential suppliers entering into the 84114, telephone (801) 524–5001, AGENCY: Fish and Wildlife Service, helium market. Results of this between the hours of 7:30 a.m. to 4:30 Interior.. p.m. weekdays. information are made available to the ACTION: Notice of document availability. general public in the Annual Helium Dated: October 2, 1995. Commodity Review Terry T. Terrell, SUMMARY: The U.S. Fish and Wildlife Bureau form number: None Deputy Regional Director, Denver, CO. Service (Service) announces the availability for public review of a draft Frequency: Every 5 years [FR Doc. 95–25151 Filed 10–10–95; 8:45 am] Description of respondents: Helium recovery plan for the Big Island Plant distributors and federal users of BILLING CODE 4310±55±M Cluster. This plan addresses 22 plant Bureau of Mines Helium taxa from the island of Hawaii (Big 1 Estimated completion time: ⁄2 hour Issuance of Permit for Incidental Take Island) in the State of Hawaii. Twenty Annual response: 300 of Threatened Species taxa are listed as endangered, one is Annual burden hours: 150 proposed for endangered status, and one Bureau Clearance Officer: Alice J. Floyd AGENCY: Fish and Wildlife Service, is listed as threatened under the (202) 501–9569 Interior. Endangered Species Act of 1973, as Dated: August 31, 1995. ACTION: Notice. amended. Twelve of the 22 taxa are Billy J. Moore, endemic to the Big Island while an On July 19, 1995, a notice was additional four, which originally had a General Manager-Helium Field Operations. published in the Federal Register (60 [FR Doc. 95–25139 Filed 10–10–95; 8:45 am] wider distribution, are now confined to FR 37067) that an application had been the Big Island. other taxa currently BILLING CODE 4310±53±M filed with the U.S. Fish and Wildlife persist on the islands of Niihau, Kauai, Service (Service) by West Hills L.L.C., Oahu, Molokai, Lanai, and/or Maui as Cedar City, Utah, for a permit to well as the Big Island. Fish and Wildlife Service incidentally take, pursuant to Section 10(a)(1)(B) of the Endangered Species DATES: Comments on the draft recovery Issuance of Permit for Incidental Take Act (Act) of 1973, as amended (16 plan must be received on or before of Threatened Species U.S.C. 1531 et seq.), threatened Utah December 11, 1995 to receive consideration by the Service. AGENCY: Fish and Wildlife Service, prairie dogs (Cynomys parvidens) in Interior. conjunction with the development of a ADDRESSES: Copies of the draft recovery plan are available for inspection, by ACTION: Notice. 33-acre housing community in Cedar City, Iron County, Utah, pursuant to an appointment, during normal business On July 19, 1995, a notice was implementation agreement which hours at the following locations: U.S. published in the Federal Register (60 implements West Hills, L.L.C.’s Habitat Fish and Wildlife Service, room 6307, FR 37067) that an application had been Conservation Plan. No comments were 300 Ala Moana Blvd., P.O. Box 50167, filed with the U.S. Fish and Wildlife received during the 30-day comment Honolulu, Hawaii 96850 (phone 808/ Service (Service) by The Coleman period. 541–2749); U.S. Fish and Wildlife Company, Golden, Colorado, for a Notice is hereby given that on Service, Regional Office, Ecological permit to incidentally take, pursuant to September 20, 1995, as authorized by Services, 911 N.E. 11th Ave., Eastside Section 10(a)(1)(B) of the Endangered the provisions of the Act, the Service Federal Complex, Portland, Oregon Species Act (Act) of 1973, as amended issued an incidental take permit (PRT– 97232–4181 (phone 503/231–6131); the (16 U.S.C. 1531 et seq.), threatened Utah 804479) to the above-named party Kailua-Kona Public Library, 75–138 prairie dogs (Cynomys parvidens) in subject to certain conditions set forth Hualalai Road, Kailua-Kona, Hawaii conjunction with the 1.4 acre expansion therein. The permit was granted only 96740 (phone 808/329–2196); and the of an existing warehouse in Cedar City, after it was determined that it was Hilo Public Library, 300 Waianuenue Iron County, Utah, pursuant to an applied for in good faith, that by Avenue, Hilo, Hawaii 96720 (Phone implementation agreement which granting the permit it will not be to the 808/933–4650). Requests for copies of implements the Coleman Company’s disadvantage of the threatened species, the draft recovery plan and written Habitat Conservation Plan. No and that it will be consistent with the comments and materials regarding this comments were received during the 30- purposes and policy set forth in the plan should be addressed to brooks day comment period. Endangered Species Act, as amended. Harper, Field Supervisor, at the above Notice is hereby given that on Additional information on this permit Honolulu address. September 20, 1995, as authorized by action may be obtained by contacting FOR FURTHER INFORMATION CONTACT: the provisions of the Act, the Service the Assistant Field Supervisor, U.S. Fish Karen W. Rosa, Fish and Wildlife issued an incidental take permit (PRT– and Wildlife Service, 145 East 1300 Biologist, at the above Honolulu 804404) to the above-named party South, Suite 404, Salt Lake City, Utah address. 52922 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
SUPPLEMENTARY INFORMATION: Twelve of the 22 taxa are endemic to Dated: October 3, 1995. Background the Big Island while an additional four, Thomas Dwyer, which originally had a wider Acting Regional Director, Fish and Wildlife Restoring endangered or threatened distribution, are now confined to the Big Service, Region 1. animals and plants to the point where Island. Other taxa currently persist on [FR Doc. 95–25149 Filed 10–10–95; 8:45am] they are again secure, self-sustaining the islands of Niihau, Kauai, Oahu, BILLING CODE 4310±55±M members of their ecosystems is a Molokai, Lanai, and/or Maui as well as primary goal of the Service’s the Big Island. The island of Hawaii is endangered species program. To help Minerals Management Service guide the recovery effort, the Service is the largest, highest, and youngest of the Hawaiian Islands, and was built by at working to prepare recovery plans for Environmental Document Prepared for least six volcanic mountains. One, the most of the listed species native to the a Three-Dimensional (3±D) Seismic Kilauea volcano, is currently erupting Untied States. Recovery plans describe Survey on the Pacific Outer actions considered necessary for the and adding land mass to the island. As Continental Shelf (OCS) conservation of the species, establish a result, the taxa included in this plan criteria for the recovery levels for grow in a variety of vegetative AGENCY: Minerals Management Service downlisting or delisting them, and communities (grassland, shrubland, and (MMS), Department of the Interior. estimate time and cost for implementing forests, elevational zones (coastal to ACTION: Notice of the availability of an the recovery measures needed. alpine), and moisture regimes (dry to environmental document prepared for The Endangered Species Act, as wet). They and their habitats are the 3–D Seismic Survey on the Pacific amended (16 U.S.C. 1531 et seq.) (Act), currently threatened by one or more of OCS. requires the development of recovery the following: habitat degradation by plans for listed species unless such a federal or domestic animals (goats, pigs, SUMMARY: The MMS, in accordance with plan would not promote the deer (on Maui and Molokai), cattle and Federal Regulations (40 CFR 1501.4 and conservation of a particular species. sheep); competition for space, light, 1506.6) that implement the National Section 4(f) of the Act as amended in water, and nutrients by introduced Environmental Policy Act (NEPA), 1988 requires that public notice and an vegetation; fire, a threat which is announces the availability of a NEPA- opportunity for public review and exacerbated by introduced grasses; related Environmental Assessment (EA) and Finding of No Significant Impact comment be provided during recovery direct human pertubation such as plan development. The Service will (FONSI), prepared by the MMS for a recreational and military activities; pest consider all information presented proposed 3–D seismic survey to take invertebrates; disease; and vulnerability during the public comment period prior place offshore Santa Barbara County, to approval of each new or revised to stochastic events and genetic California in the Santa Ynez Unit. limitations due to small population size. Recovery Plan. Substantive technical Parties comments will result in changes to the Recovery efforts will focus on Exxon Company, U.S.A. plans. Substantive comments regarding protection of all the populations from recovery plan implementation may not current threats via fencing and/or Activity Location Date necessarily result in changes to the hunting to control ungulates; control of recovery plans, but will be forwarded to alien plants; protection from fire; 3±D Seismic Santa Bar- 10/95 through appropriate Federal or other entities so protection from human disturbance; Survey. bara Chan- 12/95. that they can take these comments into nel, Santa control of rodents, insects, and disease, Ynez Unit. account during the course of where applicable; collection, storage, implementing recovery actions. and maintenance of genetic material. In Persons interested in reviewing the Individualized responses to comments addition, research concerning the environmental document for the will not be provided. reproductive biology, population proposal listed above or obtaining The endangered taxa being considered ecology, and habitat requirements of in the Big Island recovery plan are: information about EA’s and FONSI’s these taxa may be needed to establish prepared for activities on the Pacific Clermontia linseyana, Clermontia further causes of decline as well as peleana (subsp. peleana, subsp. OCS are encouraged to contact the MMS requirements for their short and long- singuliflora), Clermontia pyrularia, office in the Pacific OCS Region. term survival. Augmentation of small Colubrina oppositifolia, Cyanea FOR FURTHER INFORMATION CONTACT: populations that are not expanding after copelandii subsp. copelandii, Cyanea Regional Supervisor, Office of protection from threats, and hamatiflora subsp. carlsonii, Cyanea Environmental Evaluation, Pacific OCS reestablishment of new populations shipmanii, Cyanea stictophylla, Region, Minerals Management Service, Cyrtandra giffardii, Cyrtandra within the historical range of the taxa 770 Paseo Camarillo, Mail Stop 7300, tintinnabula, Delissea undulata (subsp. may also be needed to achieve recovery Camarillo, California, 93010, Telephone niihauensis, subsp. kauaiensis, subsp. goals. (805) 389–7801. undulata), Ischaemum byrone, Public Comments Solicited SUPPLEMENTARY INFORMATION: The MMS Isodendrion pyrifolium, Mariscus prepares EA’s and FONSI’s for fauriei, Nothrocestrum breviflorum, The Service solicits written comments proposals that relate to research and Ochrosia kilaueaensis, Plantago on the recovery plan described. All development of mineral resources on hawaiensis, Portulaca sclerocarpa, comments received by the date specified the Pacific OCS. The EA’s examine the Pritchardia affinis, Tetramolopium above will be considered prior to potential environmental effects of arenarium (subsp. arenarium var. approval of these plans. activities described in the proposals and arenarium, subsp. arenarium var. present MMS conclusions regarding the confertum), subsp. laxum), and Authority significance of those effects. The EA is Zanthoxylum hawaiiense. The The authority for this action is section 4(f) used as a basis for determining whether threatened taxon in the Big Island Plant of the Endangered Species Act, 16 U.S.C. or not approval of the proposals Cluster is Silene hawaiiensis. 1533(f). constitutes major Federal actions that Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52923 significantly affect the quality of the DEPARTMENT OF JUSTICE Any other such applicant and any human environment in the sense of person who is presently registered with NEPA 102(2)(C). A FONSI is prepared in Drug Enforcement Administration DEA to manufacture such substances those instances where the MMS finds may file comments or objections to the Manufacturer of Controlled that approval will not result in issuance of the above application. Substances; Notice of Application significant effects on the quality of the Any such comments or objections human environment. The FONSI briefly Pursuant to Section 1301.43(a) of Title may be addressed to the Deputy presents the basis for that findings and 21 of the Code of Federal Regulations Assistant Administrator, Office of includes a summary or copy of the EPA. (CFR), this is notice that on July 17, Diversion Control, Drug Enforcement 1995, Ciba-Geigy Corporation, Administration, United States This notice constitutes the public Pharmaceuticals Division Regulatory Department of Justice, Washington, D.C. Notice of Availability of environmental Compliance, 556 Morris Avenue, 20537, Attention: DEA Federal Register documents required under the NEPA Summit, New Jersey 07901, made Representative (CCR), and must be filed regulations. application to the Drug Enforcement no later than December 11, 1995. Administration (DEA) for registration as Dated: September 25, 1995. Dated: September 29, 1995. J. Lisle Reed, a bulk manufacturer of the Schedule II controlled substance Methylphenidate Gene R. Haislip, Regional Director, Pacific OCS Region. (1724). Deputy Assistant Administrator, Office of [FR Doc. 95–25132 Filed 10–10–95; 8:45 am] The firm plans to manufacture the Diversion Control, Drug Enforcement BILLING CODE 4310±MR±M finished product for distribution to its Administration. customers. [FR Doc. 95–25077 Filed 10–10–95; 8:45 am] Any other such applicant and any BILLING CODE 4410±09±M person who is presently registered with DEPARTMENT OF JUSTICE DEA to manufacture such substances may file comments or objections to the Importer of Controlled Substances; Drug Enforcement Administration issuance of the above application. Notice of Registration Any such comments or objections Importer of Controlled Substances; may be addressed to the Deputy By Notice dated May 30, 1995, and Notice of Registration Assistant Administrator, Office of published in the Federal Register on Diversion Control, Drug Enforcement June 8, 1995, (60 FR 30319), Radian By Notice dated July 24, 1995, and Administration, United States Corporation, 8501 Mopac Blvd., P.O. published in the Federal Register on Departments of Justice, Washington, Box 201088, Austin, Texas 78720, made August 1, 1995, (60 FR 39185), Arenol D.C. 20537, Attention: DEA Federal application to the Drug Enforcement Chemical Corporation, 189 Meister Register Representative (CCR), and must Administration (DEA) to be registered as Avenue, Somerville, New Jersey 08876, be filed no later than December 11, an importer of the basic classes of made application to the Drug 1995. controlled substances listed below: Enforcement Administration (DEA) to Dated: September 29, 1995. be registered as an importer of the basic Drug Sched- classes of controlled substances listed Gene R. Haislip, ule below: Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Ibogaine (7260) ...... I Administration. Etorphine (except HC1) (9056) ...... I Sched- Drug ule [FR Doc. 95–25076 Filed 10–10–95; 8:45 am] Heroin (9200) ...... I BILLING CODE 4410±09±M Cocaine (9041) ...... II Methamphetamine (1105) ...... II Codeine (9050) ...... II Phenylaceton (8501) ...... II Oxycodone (9143) ...... II Manufacturer of Controlled Dextropropoxyphene, bulk (non- II Substances; Notice of Application dosasge forms) (9273). No comments or objections have been Morphine (9300) ...... II received. Therefore, pursuant to Section Pursuant to Section 1301.43(a) of Title Thebaine (9333) ...... II 1008(a) of the Controlled Substances 21 of the Code of Federal Regulations Oxymorphone (9652) ...... II Import and Export Act and in (CFR), this is notice that on August 22, accordance with Title 21, Code of 1995, Lonza Riverside, 900 River Road, No comments or objections have been Federal Regulations, Section 1311.42, Conchohocken, Pennsylvania 19428, received. Therefore, pursuant to Section the above firm is granted registration as made application to the Drug 1008(a) of the Controlled Substances an importer of the basic classes of Enforcement Administration (DEA) for Import and Export Act and in controlled substances listed above. registration as a bulk manufacturer of accordance with Title 21, Code of the basic classes of controlled Federal Regulations, Section 1311.42, Dated: September 29, 1995. substances listed below: Gene R. Haislip, the above firm is granted registration as an importer of the basic classes of Sched- Deputy Assistance Administrator, Office of Drug controlled substances listed above. Diversion Control, Drug Enforcement ule Administration. Dated: September 29, 1995. 4-Methoxyamphetamine (7411) ...... I [FR Doc. 95–25078 Filed 10–10–95; 8:45 am] Amphetamine (1100) ...... II Gene R. Haislip, BILLING CODE 4410±09±M Phenylacetone (8501) ...... II Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement The firm plans to manufacture the Administration. listed controlled substances as bulk [FR Doc. 95–25079 Filed 10–10–95; 8:45 am] product for distribution to its customers. BILLING CODE 4410±09±M 52924 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
Importer of Controlled Substances; Drug Enforcement Administration SUMMARY: This notice provides Notice of Registration (DEA) to be registered as an importer of information about the period of time Coca Leaves (9040), a basic class of that reference service on certain textual By Notice dated June 19, 1995, and controlled substance listed in Schedule records holdings of the National published in the Federal Register on II. Archives will be unavailable due to the June 30, 1995, (60 FR 34297), Roberts No comments or objections have been Laboratories, Inc., Meridian Center III, 4 move of those holdings from their received. Therefore, pursuant to Section current locations in the National Industrial Way West, Eatontown, New 1008(a) of the Controlled Substances Jersey 07724, made application to the Archives Building in Washington, DC, Import and Export Act and in and the Washington National Records Drug Enforcement Administration accordance with Title 21, Code of (DEA) to be registered as an importer of Center in Suitland, Maryland, to new Federal Regulations, Section 1311.42, Propiram (9649), a basic class of locations in either the new Archives II the above firm is granted registration as controlled substance listed in Schedule facility in College Park, Maryland, or the an importer of the basic class of I. National Archives Building in controlled substance listed above. No comments or objections have been Washington, DC. Additional notices will received. Therefore, pursuant to Section Dated: September 29, 1995. be published by NARA relating to the 1008(a) of the Controlled Substances Gene R. Haislip, move of other holdings to Archives II. Import and Export Act and in Deputy Assistant Administrator, Office of During the periods shown for the accordance with Title 21, Code of Diversion Control, Drug Enforcement Federal Regulations, Section 1311.42, Administration. record groups listed on the schedule at the above firm is granted registration as [FR Doc. 95–25081 Filed 10–10–95; 8:45 am] the end of this notice, the National Archives will be unable to provide an importer of the basic class of BILLING CODE 4410±09±M controlled substance listed above. records for research, or process requests for reproductions (fee orders) or Dated: September 29, 1995. requests for information from these Gene R. Haislip, NATIONAL ARCHIVES AND RECORDS records. Requests received during the Deputy Assistant Administrator, Office of ADMINISTRATION periods of suspended service will be Diversion Control, Drug Enforcement Administration. Temporary Closing of Reference returned for resubmission after the date [FR Doc. 95–25080 Filed 10–10–95; 8:45 am] Service on Certain Textual Records indicated for reopening the records for BILLING CODE 4410±09±M reference service. Changes in the overall AGENCY: National Archives and Records move schedule may require changes in Administration (NARA). these dates. Importer of Controlled Substances; ACTION: Notice of closure and reopening For schedule updates and information Notice of Registration of reference services for certain textual on the new location of the records, call records holdings in the National By Notice dated April 7, 1995, and the User Services Division at (202) 501– Archives related to the move to the 5400. published in the Federal Register on National Archives at College Park April 17, 1995, (60 FR 19307), Stepan (Archives II) and the relocation of some Dated: October 2, 1995. Company, Natural Products Department, records to the National Archives Michael J. Kurtz, 100 W. Hunter Avenue, Maywood, New Building. Jersey 07607, made application to the Assistant Archivist for the National Archives. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52925
RECORD GROUPS CLOSING AND REOPENING
Reopen Cluster title Rg. No. Record group short title Close date date
Genealogical Related Records ...... 015 Veterans Administration ...... 10/16/95 01/12/96 Genealogical Related Records ...... 029 Bureau of the Census ...... 10/24/95 02/02/96 Genealogical Related Records ...... 049 Bureau of Land Management ...... 11/07/95 06/19/96 Genealogical Related Records ...... 059 Department of State ...... 04/08/96 07/10/96 Genealogical Related Records ...... 085 Immigration and Naturalization Service ...... 04/15/96 07/12/96 Genealogical Related Records ...... 117 American Battle Monuments Commission ...... 04/22/96 07/17/96 Genealogical Related Records ...... 147 Selective Service System (World War II) ...... 04/23/96 07/25/96 Genealogical Related Records ...... 163 Selective Service System (World War I) ...... 05/06/96 07/31/96 Genealogical Related Records ...... 210 War Relocation Authority ...... 05/07/96 09/12/96 Genealogical Related Records ...... 217 Accounting Officers of the Department of the 04/30/96 08/14/96 Treasury. Genealogical Related Records ...... 241 Patent and Trademark Office ...... 05/17/96 10/29/96 Maritime ...... 026 U.S. Coast Guard ...... 12/04/95 01/31/96 Maritime ...... 036 U.S. Customs Service ...... 01/22/96 03/08/96 Maritime ...... 178 U.S. Maritime Commission ...... 02/12/96 04/05/96 Maritime ...... 357 Maritime Administration ...... 03/11/96 04/15/96 Maritime ...... 358 Federal Maritime Commission ...... 03/14/96 04/17/96 Modern Army ...... 332 U.S. Theaters of War, World War II ...... 10/31/95 12/13/95 Modern Army ...... 335 Office of the Secretary of the Army ...... 11/09/95 01/02/96 Modern Army ...... 336 Office of the Chief of Transportation ...... 11/29/95 01/12/96 Modern Army ...... 337 Headquarters Army Ground Forces ...... 12/11/95 01/25/96 Modern Army ...... 338 U.S. Army Commands, 1942± ...... 12/18/95 04/11/96 Modern Army ...... 389 Office of the Provost Marshal General ...... 03/11/96 04/19/96 Modern Army ...... 404 U.S. Military Academy ...... 03/15/96 04/10/96 Modern Army ...... 407 Adjutant General's Office, 1917± ...... 03/20/96 06/21/96 Modern Army ...... 410 Office of the Chief of Support Services ...... 05/20/96 06/27/96 Modern Army ...... 472 U.S. Forces in Southeast Asia, 1950±1975 ...... 05/24/96 07/18/96 Modern Army ...... 492 Army Commands, Eur., Med., Africa-Mid.East 06/14/96 07/11/96 (WWII). Modern Army ...... 493 Allied and Army Commands, CBI Theater 06/12/96 07/17/96 (WWII). Modern Navy ...... 024 Bureau of Naval Personnel ...... 10/20/95 01/25/96 Modern Navy ...... 037 Hydrographic Office ...... 11/20/95 02/02/96 Modern Navy ...... 038 Office of the Chief of Naval Operations ...... 11/17/95 02/27/96 Modern Navy ...... 052 Bureau of Medicine and Surgery ...... 01/05/96 03/20/96 Modern Navy ...... 071 Bureau of Yards and Docks ...... 01/12/96 04/03/96 Modern Navy ...... 072 Bureau of Aeronautics ...... 01/29/96 05/17/96 Modern Navy ...... 074 Bureau of Ordnance ...... 03/11/96 06/19/96 Modern Navy ...... 080 Department of the Navy, 1798±1947 ...... 02/26/96 07/18/96 Modern Navy ...... 125 Judge Advocate General (Navy) ...... 05/06/96 07/24/96 Modern Navy ...... 127 U.S. Marine Corps ...... 05/13/96 08/01/96 Modern Navy ...... 143 Bureau of Supplies and Accounts ...... 05/29/96 08/21/96 Modern Navy ...... 181 Naval Districts and Shore Establishments ...... 06/12/96 08/27/96 Modern Navy ...... 298 Office of Naval Research ...... 06/21/96 09/02/96 Modern Navy ...... 313 Naval Operating Forces ...... 06/21/96 10/16/96 New Deal and Great Depression ...... 009 National Recovery Administration ...... 06/21/96 10/09/96 New Deal and Great Depression ...... 068 U.S. Coal Commission ...... 06/21/96 10/09/96 New Deal and Great Depression ...... 089 Federal Fuel Distributor ...... 06/25/96 10/11/96 New Deal and Great Depression ...... 150 1935±36 National Bituminous Coal Commission, 06/25/96 10/11/96 New Deal and Great Depression ...... 222 Bituminous Coal Division ...... 06/28/96 10/18/96 Old Army ...... 094 Adjutant General's Office, 1780's±1917 ...... 01/15/96 02/02/96 Old Army ...... 112 Office of the Surgeon General (Army) ...... 11/22/95 01/03/96 Old Army ...... 153 Office of the Judge Advocate General (Army) .... 11/27/95 01/18/96 Old Army ...... 156 Office of the Chief of Ordnance ...... 12/11/95 02/09/96 Old Army ...... 159 Office of the Inspector General (Army) ...... 01/09/96 02/13/96 Old Army ...... 165 War Department General and Special Staffs ...... 01/12/96 02/15/96 Old Army ...... 168 National Guard Bureau ...... 01/12/96 02/20/96 Old Army ...... 175 Chemical Warfare Service ...... 01/12/96 02/22/96 Old Army ...... 191 War Department Claims Board ...... 01/22/96 02/26/96 Old Army ...... 192 Office of Commissary General of Subsistence ... 03/13/96 04/02/96 Old Army ...... 213 Foreign Claims Section (War) ...... 01/24/96 02/28/96 Old Army ...... 217 Accounting Officers of the Department of the 01/29/96 03/07/96 Treasury. Old Army ...... 247 Office of the Chief of Chaplains ...... 02/05/96 03/11/96 Old Army ...... 394 U.S. Army Continental Commands, 1920±42 ..... 02/09/96 03/25/96 Old Army ...... 407 Adjutant General's Office, 1917± ...... 02/23/96 03/27/96 Old Navy ...... 019 Bureau of Ships ...... 01/29/96 03/11/96 Old Navy ...... 037 Hydrographic Office ...... 02/09/96 03/13/96 Old Navy ...... 038 Office of the Chief of Naval Operations ...... 01/30/96 03/29/96 Old Navy ...... 052 Bureau of Medicine & Surgery ...... 01/08/96 02/14/96 Old Navy ...... 071 Bureau of Yards and Docks ...... 02/13/96 03/29/96 52926 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
RECORD GROUPS CLOSING AND REOPENINGÐContinued
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Old Navy ...... 072 Bureau of Aeronautics ...... 02/06/96 04/12/96 Old Navy ...... 074 Bureau of Ordnance ...... 02/16/96 04/16/96 Old Navy ...... 125 Judge Advocate General (Navy) ...... 02/28/96 04/30/96 Old Navy ...... 127 U.S. Marine Corps ...... 03/21/96 04/30/96 Old Navy ...... 143 Bureau of Supplies and Accounts ...... 03/13/96 05/10/96 Old Navy ...... 181 Naval Districts and Shore Establishments ...... 03/25/96 05/10/96 Old Navy ...... 313 Naval Operating Forces ...... 03/13/96 05/31/96 State/Foreign Relations ...... 469 U.S. Foreign Assistance Agencies, 1948±61 ...... 10/24/95 01/08/96 State/Foreign Relations ...... 490 Peace Corps ...... 12/04/95 01/10/96 World War I Period Agencies ...... 002 National War Labor Board (World War One) ...... 04/15/96 08/27/96 World War I Period Agencies ...... 004 U.S. Food Corporation ...... 04/17/96 09/04/96 World War I Period Agencies ...... 005 U.S. Grain Corporation ...... 04/24/96 09/06/96 World War I Period Agencies ...... 006 U.S. Sugar Equalization Board, Inc...... 04/24/96 09/06/96 World War I Period Agencies ...... 014 U.S. Railroad Administration ...... 04/29/96 09/11/96 World War I Period Agencies ...... 061 War Industries Board ...... 04/30/96 09/17/96 World War I Period Agencies ...... 062 Council on National Defense ...... 05/06/96 09/19/96 World War I Period Agencies ...... 067 U.S. Fuel Administration ...... 05/08/96 09/25/96 World War I Period Agencies ...... 158 Capital Issues Committee ...... 05/13/96 09/27/96 World War I Period Agencies ...... 182 War Trade Board ...... 05/17/96 10/03/96 World War I Period Agencies ...... 194 War Minerals Relief Commission ...... 05/24/96 10/07/96
[FR Doc. 95–24962 Filed 10–10–95; 8:45 am] BILLING CODE 7515±01±P Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52927
NUCLEAR REGULATORY expiration of the 30-day notice period. Panel, will rule on the request and/or COMMISSION However, should circumstances change petition; and the Secretary or the during the notice period such that designated Atomic Safety and Licensing Biweekly Notice failure to act in a timely way would Board will issue a notice of a hearing or result, for example, in derating or an appropriate order. Applications and Amendments to shutdown of the facility, the As required by 10 CFR 2.714, a Facility Operating LicensesInvolving Commission may issue the license No Significant Hazards Considerations petition for leave to intervene shall set amendment before the expiration of the forth with particularity the interest of I. Background 30-day notice period, provided that its the petitioner in the proceeding, and Pursuant to Public Law 97-415, the final determination is that the how that interest may be affected by the U.S. Nuclear Regulatory Commission amendment involves no significant results of the proceeding. The petition (the Commission or NRC staff) is hazards consideration. The final should specifically explain the reasons publishing this regular biweekly notice. determination will consider all public why intervention should be permitted Public Law 97-415 revised section 189 and State comments received before with particular reference to the of the Atomic Energy Act of 1954, as action is taken. Should the Commission following factors: (1) the nature of the take this action, it will publish in the amended (the Act), to require the petitioner’s right under the Act to be Federal Register a notice of issuance Commission to publish notice of any made a party to the proceeding; (2) the and provide for opportunity for a amendments issued, or proposed to be nature and extent of the petitioner’s hearing after issuance. The Commission issued, under a new provision of section property, financial, or other interest in expects that the need to take this action 189 of the Act. This provision grants the the proceeding; and (3) the possible will occur very infrequently. effect of any order which may be Commission the authority to issue and Written comments may be submitted make immediately effective any entered in the proceeding on the by mail to the Rules Review and petitioner’s interest. The petition should amendment to an operating license Directives Branch, Division of Freedom upon a determination by the also identify the specific aspect(s) of the of Information and Publications subject matter of the proceeding as to Commission that such amendment Services, Office of Administration, U.S. involves no significant hazards which petitioner wishes to intervene. Nuclear Regulatory Commission, Any person who has filed a petition for consideration, notwithstanding the Washington, DC 20555, and should cite pendency before the Commission of a leave to intervene or who has been the publication date and page number of admitted as a party may amend the request for a hearing from any person. this Federal Register notice. Written petition without requesting leave of the This biweekly notice includes all comments may also be delivered to Board up to 15 days prior to the first notices of amendments issued, or Room 6D22, Two White Flint North, prehearing conference scheduled in the proposed to be issued from September 11545 Rockville Pike, Rockville, proceeding, but such an amended 16, through September 28, 1995. The Maryland from 7:30 a.m. to 4:15 p.m. petition must satisfy the specificity last biweekly notice was published on Federal workdays. Copies of written requirements described above. Septmeber 27, 1995 (60 FR 49929). comments received may be examined at Not later than 15 days prior to the first Notice Of Consideration Of Issuance Of the NRC Public Document Room, the Gelman Building, 2120 L Street, NW., prehearing conference scheduled in the Amendments To Facility Operating proceeding, a petitioner shall file a Licenses, Proposed No Significant Washington, DC. The filing of requests for a hearing and petitions for leave to supplement to the petition to intervene Hazards Consideration Determination, which must include a list of the And Opportunity For A Hearing intervene is discussed below. By November 10, 1995, the licensee contentions which are sought to be The Commission has made a may file a request for a hearing with litigated in the matter. Each contention proposed determination that the respect to issuance of the amendment to must consist of a specific statement of following amendment requests involve the subject facility operating license and the issue of law or fact to be raised or no significant hazards consideration. any person whose interest may be controverted. In addition, the petitioner Under the Commission’s regulations in affected by this proceeding and who shall provide a brief explanation of the 10 CFR 50.92, this means that operation wishes to participate as a party in the bases of the contention and a concise of the facility in accordance with the proceeding must file a written request statement of the alleged facts or expert proposed amendment would not (1) for a hearing and a petition for leave to opinion which support the contention involve a significant increase in the intervene. Requests for a hearing and a and on which the petitioner intends to probability or consequences of an petition for leave to intervene shall be rely in proving the contention at the accident previously evaluated; or (2) filed in accordance with the hearing. The petitioner must also create the possibility of a new or Commission’s ‘‘Rules of Practice for provide references to those specific different kind of accident from any Domestic Licensing Proceedings’’ in 10 sources and documents of which the accident previously evaluated; or (3) CFR Part 2. Interested persons should petitioner is aware and on which the involve a significant reduction in a consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish margin of safety. The basis for this which is available at the Commission’s those facts or expert opinion. Petitioner proposed determination for each Public Document Room, the Gelman must provide sufficient information to amendment request is shown below. Building, 2120 L Street, NW., show that a genuine dispute exists with The Commission is seeking public Washington, DC and at the local public the applicant on a material issue of law comments on this proposed document room for the particular or fact. Contentions shall be limited to determination. Any comments received facility involved. If a request for a matters within the scope of the within 30 days after the date of hearing or petition for leave to intervene amendment under consideration. The publication of this notice will be is filed by the above date, the contention must be one which, if considered in making any final Commission or an Atomic Safety and proven, would entitle the petitioner to determination. Licensing Board, designated by the relief. A petitioner who fails to file such Normally, the Commission will not Commission or by the Chairman of the a supplement which satisfies these issue the amendment until the Atomic Safety and Licensing Board requirements with respect to at least one 52928 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices contention will not be permitted to For further details with respect to this modified level would allow for a higher participate as a party. action, see the application for initial pressurizer level in Mode 3. This Those permitted to intervene become amendment which is available for higher level is already used in the accident parties to the proceeding, subject to any public inspection at the Commission’s analyses which result in an increase in limitations in the order granting leave to pressurizer level. Therefore, the change does Public Document Room, the Gelman not modify the plant’s response to accidents. intervene, and have the opportunity to Building, 2120 L Street, NW., 3. Involve a significant reduction in the participate fully in the conduct of the Washington, DC, and at the local public margin of safety. hearing, including the opportunity to document room for the particular The proposed change is consistent with or present evidence and cross-examine facility involved. bounded by the design basis analyses. The witnesses. higher shutdown margin required in order to If a hearing is requested, the Connecticut Yankee Atomic Power relax the upper bound of the pressurizer level Commission will make a final Company, Docket No. 50-213, Haddam assures that a steam line break from these determination on the issue of no Neck Plant, Middlesex County, conditions is bounded by the design basis significant hazards consideration. The Connecticut analyses. Therefore, the proposed change final determination will serve to decide Date of amendment request: August cannot impact the margin of safety. when the hearing is held. 10, 1995 The NRC staff has reviewed the If the final determination is that the Description of amendment request: licensee’s analysis and, based on this amendment request involves no The proposed amendment will add a review, it appears that the three significant hazards consideration, the footnote to Technical Specification (TS) standards of 10 CFR 50.92(c) are Commission may issue the amendment Section 3/4.4.3, ‘‘Pressurizer,’’ to allow satisfied. Therefore, the NRC staff and make it immediately effective, the pressurizer level to be controlled, proposes to determine that the notwithstanding the request for a outside of the programmed level, amendment request involves no hearing. Any hearing held would take between 25 to 50 percent, plus or minus significant hazards consideration. place after issuance of the amendment. 5 percent in Mode 3 when the reactor Local Public Document Room If the final determination is that the coolant system is borated to the required location: Russell Library, 123 Broad amendment request involves a Mode 5 concentrations. Street, Middletown, CT 06457. significant hazards consideration, any Basis for proposed no significant Attorney for licensee: Lillian M. hearing held would take place before hazards consideration determination: Cuoco, Esq., Senior Nuclear Counsel, the issuance of any amendment. As required by 10 CFR 50.91(a), the Northeast Utilities Service Company, A request for a hearing or a petition licensee has provided its analysis of the P.O. Box 270, Hartford, CT 06141-0270. for leave to intervene must be filed with issue of no significant hazards NRC Project Director: Phillip F. the Secretary of the Commission, U.S. consideration, which is presented McKee Nuclear Regulatory Commission, below: Duke Power Company, Docket Nos. 50- Washington, DC 20555, Attention: ...The proposed change does not involve an 269, 50-270 and 50-287, Oconee Docketing and Services Branch, or may SHC because the change would not: Nuclear Station, Units 1, 2 and 3, be delivered to the Commission’s Public 1. Involve a significant increase in the Oconee County, South Carolina Document Room, the Gelman Building, probability or consequences of an accident 2120 L Street, NW., Washington DC, by previously evaluated. Date of amendment request: the above date. Where petitions are filed The design basis accidents analyzed in September 1, 1995 during the last 10 days of the notice Mode 3 are steam line break, control rod Description of amendment request: withdrawal from subcritical, boron dilution period, it is requested that the petitioner and control rod ejection. Of these four Generic Letter 88-16 provided guidance promptly so inform the Commission by analyzed accidents, the relaxing of the on removing cycle-specific parameters a toll-free telephone call to Western pressurizer level requirement can only which are calculated using NRC- Union at 1-(800) 248-5100 (in Missouri impact the steam line break accident approved methodologies from the 1-(800) 342-6700). The Western Union analyses. The initial pressurizer level can Technical Specifications (TS). The operator should be given Datagram impact the timing of the safety injection parameters are replaced in the TS with Identification Number N1023 and the signal and the subsequent boron addition a reference to a named report which following message addressed to (Project from the HPSI [high pressure safety injection] contains the parameters, and a system. The proposed change requires that Director): petitioner’s name and the boron concentration be equal to the Mode requirement that the parameters remain telephone number, date petition was 5 required concentration in order for the within the limits specified in the report. mailed, plant name, and publication pressurizer level to be higher than the current The proposed changes incorporate NRC- date and page number of this Federal requirement. The Mode 5 boron approved methodologies, approved Register notice. A copy of the petition concentration ensures that there is sufficient revisions to previously approved should also be sent to the Office of the negative reactivity in the core due to boron methodologies, or republished versions General Counsel, U.S. Nuclear that a steam line break from this condition of previously approved methodologies Regulatory Commission, Washington, would not need the boron addition from the into Section 6.9.2 of the Oconee TS. The HPSI system and would be bounded by the limits to which these methodologies are DC 20555, and to the attorney for the design basis analyses. Thus the proposed licensee. change cannot increase the probability or applied are 1) Axial Power Imbalance Nontimely filings of petitions for consequences of the design basis accidents. Protective Limits and Variable Low RCS leave to intervene, amended petitions, 2. Create the possibility of a new or Pressure Protective Limits, 2) Reactor supplemental petitions and/or requests different kind of accident from any Protective System Trip Setting Limits for a hearing will not be entertained previously analyzed. for the Flux/Flow/Imbalance and absent a determination by the The proposed change only modifies the Variable Low Reactor Coolant System Commission, the presiding officer or the Mode 3 pressurizer level requirement. This Pressure Trip functions, and 3) Power Atomic Safety and Licensing Board that change does not impact the lower bound but Imbalance Limits. Since the proposed provides flexibility to the plant operators in the petition and/or request should be the maximum pressurizer level. The upper changes only incorporate NRC-approved granted based upon a balancing of limit still provides margin to pressurizer methodologies into the TS, the licensee factors specified in 10 CFR overfill. This cannot cause an accident nor proposed that the changes are 2.714(a)(1)(i)-(v) and 2.714(d). introduce a new type of malfunction. The administrative in nature and can be Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52929 assumed to have no impact, or potential specifications associated with various where significant radioactive releases can be impact, on the health and safety of the engineered safety feature systems postulated. These operational conditions are public. following a design basis fuel handling consistent with the design basis analysis and Basis for proposed no significant are established such that the radiological accident. The proposed changes affect consequences are at or below the current hazards consideration determination: conditions where irradiated fuel is GGNS licensing limit. Safety margins and As required by 10 CFR 50.91(a), the handled in the primary or secondary analytical conservatisms have been evaluated licensee has provided its analysis of the containment and when fuel is handled and are well understood. Substantial margins issue of no significant hazards over the reactor vessel with fuel in the are retained to ensure that the analysis consideration, which is presented vessel. These changes are based on a adequately bounds all postulated event below: recent re-analysis of the fuel handling scenarios. The proposed change only The proposed changes will not create a accident for Grand Gulf Nuclear Station eliminates the excess margin from the significant hazards consideration, as defined analysis. The current margin of safety is (GGNS). retained. by 10 CRF 50.92, because: Basis for proposed no significant 1) The proposed changes will not involve Specifically, the margin of safety for the hazards consideration determination: fuel handling accident is the difference a significant increase in the probability or As required by 10 CFR 50.91(a), the consequences of an accident previously between the 10 CFR 100 limits and the licensing limit defined by NUREG 0800, evaluated. licensee has provided its analysis of the Section 15.7.4. With respect to the control The proposed changes are administrative issue of no significant hazards room personnel doses, the margin of safety is in nature, and do not affect any system, consideration, which is presented the difference between the 10 CFR 100 limits procedure, or manipulation of any equipment below: and the licensing limit defined by 10 CFR 50, 1. The proposed changes do not which could affect the probability or Appendix A, Criterion 19 (GDC 19). Excess significantly increase the probability or consequences of any accident. margin is the difference between the consequences of an accident previously 2) The proposed changes will not create postulated doses and the corresponding evaluated. the possibility of any new or different kind licensing limit. A new term to describe irradiated fuel is of accident from any accident previously The proposed applicability continues to used to establish operational conditions evaluated. ensure that the The proposed changes are administrative where specific activities represent situations whole-body and thyroid dose at the in nature, and cannot introduce any new where significant radioactive releases can be exclusion area and low population zone failure mode or transient which could create postulated. These operational conditions are boundaries as well as control room, doses are any accident. consistent with the design basis analysis. at or below the corresponding licensing limit. 3) The proposed changes will not involve Because the equipment affected by the The margin of safety is unchanged; therefore, a significant reduction in a margin of safety. revised operational conditions is not the proposed changes do not involve a The proposed changes are administrative considered an initiator to any previously significant reduction in a margin of safety. in nature, and will not affect any operating analyzed accident, inoperability of the Therefore, the proposed changes do not parameters or limits which could result in a equipment cannot increase the probability of result in a significant reduction in a margin reduction in a margin of safety. any previously evaluated accident. The of safety. The NRC staff has reviewed the proposed requirements in conjunction with Based on the above evaluation, operation licensee’s analysis and, based on this existing administrative controls on light in accordance with the proposed amendment loads, bounds the conditions of the current involves no significant hazards review, it appears that the three design basis fuel handling accident analysis standards of 10 CFR 50.92(c) are considerations. which concludes that the radiological The NRC staff has reviewed the satisfied. Therefore, the NRC staff consequences are within the acceptance licensee’s analysis and, based on this proposes to determine that the criteria of NUREG 0800, Section 15.7.4 and review, it appears that the three amendment request involves no General Design Criteria 19. Therefore, the standards of 10 CFR 50.92(c) are significant hazards consideration. proposed changes do not significantly satisfied. Therefore, the NRC staff Local Public Document Room increase the probability or consequences of proposes to determine that the location: Oconee County Library, 501 any previously evaluated accident. amendment request involves no West South Broad Street, Walhalla, Based on the above, the proposed changes do not significantly increase the probability significant hazards consideration. South Carolina 29691 or consequences of any accident previously Local Public Document Room Attorney for licensee: J. Michael evaluated. location: Judge George W. Armstrong McGarry, III, Winston and Strawn, 1200 2. The proposed changes would not create Library, 220 S. Commerce Street, 17th Street, NW., Washington, DC 20036 the possibility of a new or different kind of Natchez, MS 39120 NRC Project Director: Herbert N. accident from any previous analyzed. Attorney for licensee: Nicholas S. Berkow The new term to describe irradiated fuel is Reynolds, Esquire, Winston and Strawn, used to establish operational conditions Entergy Operations, Inc., et al., Docket where specific activities represent situations 1400 L Street, N.W., 12th Floor, No. 50-416, Grand Gulf Nuclear where significant radioactive releases can be Washington, DC 20005-3502 Station, Unit 1, Claiborne County, postulated. These operational conditions are NRC Project Director: William D. Mississippi consistent with the design basis analysis. The Beckner proposed changes do not introduce any new Entergy Operations, Inc., Docket No. Date of amendment request: modes of plant operation and do not involve November 9, 1994, as supplemented by physical modification of the plant. Therefore, 50-368, Arkansas Nuclear One, Unit letter dated August 4, 1995 the proposed changes do not create the No. 2, Pope County, Arkansas Description of amendment request: possibility of a new or different kind of Date of amendment request: July 19, This supplement revises the licensee’s accident from any previous analyzed. 1995 November 9, 1994, application by Therefore, the proposed changes do not Description of amendment request: updating the request to reflect create the possibility of a new or different The proposed amendment reduces implementation of the Improved kind of accident from any accident previously analyzed. requirements associated with the Standard Technical Specifications on 3. The proposed changes do not involve a exercise frequency of control element March 20, 1995, and by deleting the significant reduction in a margin of safety. assemblies from once per 31 days to request for a definition of the term The new term to describe irradiated fuel is once per 92 days. RECENTLY IRRADIATED FUEL. The used to establish operational conditions Basis for proposed no significant proposed amendment revises those where specific activities represent situations hazards consideration determination: 52930 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
As required by 10 CFR 50.91(a), the proposes to determine that the Basis for proposed no significant licensee has provided its analysis of the amendment request involves no hazards consideration determination: issue of no significant hazards significant hazards consideration. As required by 10 CFR 50.91(a), the consideration, which is presented Local Public Document Room licensee has provided its analysis of the below: location: Tomlinson Library, Arkansas issue of no significant hazards 1. Does not Involve a Significant Increase Tech University, Russellville, AR 72801 consideration, which is presented in the Probability or Consequences of an Attorney for licensee: Nicholas S. below: Accident Previously Evaluated. Reynolds, Esquire, Winston and Strawn, (1) Operation of the facility in accordance Changing the frequency of the control 1400 L Street, N.W., Washington, DC with the proposed amendments would not element assemblies (CEA) exercise test 20005-3502 involve a significant increase in the surveillance introduces no new failure NRC Project Director: William D. probability or consequences of an accident mechanism for the system, so the Beckner previously evaluated. consequences of a postulated stuck CEA are The license amendments proposed for no different than those previously evaluated. Florida Power and Light Company, Turkey Point Units 3 and 4 will incorporate As explained in NUREG-1366, Docket Nos. 50-250 and 50-251, Turkey line-item Technical Specification (TS) ‘‘Improvements to Technical Specifications Point Plant Units 3 and 4, Dade County, improvements for Emergency Diesel Surveillance Requirements,’’ the purpose of Florida Generators (EDG) pursuant to guidance this test is to identify immovable CEAs. provided in Generic Letters (GL) 93-05 and NUREG-1366 goes on to explain that the Date of amendment request: 94-01. The EDGs are not accident initiators, majority of CEA problems are identified September 11, 1995 the proposed TS changes do not involve any during the performance of startup physics Description of amendment request: assumptions relative to accident initiators in testing and during CEA withdrawal for The licensee proposes to change Turkey the plant safety analyses, and therefore the startup, not during the exercise test. The Point Units 3 and 4 Technical proposed amendments will not impact the incidence of electrical malfunctions which Specifications (TS) to incorporate line- probability of occurrence for accidents will still allow CEA insertion is much greater previously analyzed. than the incidence of mechanically bound item improvements to Specifications 3/ The EDG line-item TS improvements CEAs. As stated in NUREG-1366, there has 4.8.1, ‘‘Electrical Power Systems-A.C. associated with GL 93-05 are based on only been one incidence of multiple CEAs Sources,’’ and the associated BASES. recommendations designed to remove failing to fully insert upon a reactor trip The licensee stated that the proposed unwarranted requirements for testing during (Point Beach Nuclear Plant, May 1985) and changes are consistent with the power operation and other factors that are in this case the two affected CEAs partially guidance provided by the NRC in GL 93- counter-productive to safety in terms of inserted. Based on this history, simply 05, ‘‘Line-Item Technical Specifications equipment degradation and availability. reducing the test frequency will not increase Improvements to Reduce Surveillance These recommendations resulted from a the probability of a stuck CEA. comprehensive study of industry-wide EDG Therefore, this change does not involve a Requirements for Testing During Power surveillance requirements and subsequent significant increase in the probability or Operation,’’ and the corresponding findings reported by the NRC in NUREG- consequences of any accident previously recommendations contained in NUREG- 1366. The proposed amendments are evaluated. 1366, ‘‘Improvements to Technical consistent with the guidance of GL 93-05 for 2. Does Not Create the Possibility of a New Specifications Surveillance implementing such recommendations as well or Different Kind of Accident from any Requirements.’’ as contemporary licensing actions by the Previously Evaluated. In addition, line-item improvements NRC on other light water reactors. Because the proposed change does not alter are proposed following the guidance in Similarly, GL 94-01 provides guidance for the design, configuration, or method of GL 94-01, ‘‘Removal of Accelerated a line-item TS improvement that will remove operation of the plant, it does not create the Testing and Special Reporting accelerated testing requirements from the TS possibility of a new or different kind of provided that the licensee commits to a accident from any previously evaluated. Requirements for Emergency Diesel maintenance program for monitoring and 3. Does Not Involve a Significant Generators.’’ The implementation of a maintaining EDG performance that includes Reduction in the Margin of Safety. maintenance program for monitoring the applicable provisions of the maintenance The proposed change does not alter the and maintaining Emergency Diesel rule (10 CFR 50.65). Such a program will acceptance criteria of any surveillance Generator (EDG) performance for Turkey further assure EDG availability. Since the requirements, alter any assumptions used in Point Units 3 and 4, consistent with the availability of EDGs is assumed in certain accident analysis, change any actuation provisions of 10 CFR 50.65 success paths for mitigating analyzed setpoints, nor allow operations in any ‘‘Requirements for Monitoring the accidents, an improvement in EDG configuration not previously evaluated. This Effectiveness of Maintenance at Nuclear availability will enhance accident mitigation change in surveillance frequency is based on capabilities. a satisfactory operating history of CEAs. Power Plants’’ and the associated Therefore, operation of the facility in Additionally, the number of problems guidance of Regulatory Guide (RG) accordance with the proposed amendments created by this test when compared with the 1.160 will be met by FPL within 90 days would not involve a significant increase in number of problems identified by this test following issuance of the proposed the probability or consequences of an indicate that reducing the test frequency will amendments. accident previously evaluated. have no adverse impact on the continued safe The licensee also requested to revise (2) Operation of the facility in accordance operation of the unit. the current wording used in the Turkey with the proposed amendments would not Therefore, this change does not involve a Point Units 3 and 4 TS to require testing create the possibility of a new or different significant reduction in the margin of safety. of remaining required diesel generators kind of accident from any accident Therefore, based upon the reasoning ‘‘[i]f the diesel generator became previously evaluated. presented above and the previous discussion The proposed amendments incorporate of the amendment request, Entergy inoperable due to any cause other than line-item TS and other improvements to EDG Operations had determined that the planned preventative maintenance...’’. surveillance testing requirements, and will requested change does not involve a The licensee requested that TS 3.8.1.1, not change the physical plant or the modes significant hazards consideration. ACTION statements b. and c. be of plant operation defined in the Facility The NRC staff has reviewed the amended such that the word License. The changes do not involve the licensee’s analysis and, based on this ’preventative’ is deleted. Deleting this addition or modification of equipment, nor review, it appears that the three wording will reduce unnecessary testing do they alter the design or methods of standards of 10 CFR 50.92(c) are of diesel generators as a result of operation of plant systems. Plant satisfied. Therefore, the NRC staff planned corrective maintenance. configurations that are prohibited by TS will Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52931 not be created by the amendments. Therefore, components are not accident initiators in any modify the definition of Transthermal operation of the facility in accordance with accident previously evaluated, and the (Condition 4), Hot Shutdown (Condition the proposed amendment would not create proposed change does not affect any of the 5), and Hot Standby (Condition 6) the possibility of a new or different kind of assumptions relative to accident initiators in reactor operating conditions. The accident from any accident previously the plant’s safety analysis. Probabilistic evaluated. safety analysis (PSA) methods were used to Transthermal and Hot Shutdown (3) Operation of the facility in accordance fully evaluate the extension of the LPSI conditions are modified to establish an with the proposed amendments would not system allowed outage time (AOT). The applicable range of subcriticality and be involve a significant reduction in a margin of licensee asserts that the results of these consistent with other Definitions. The safety. analyses show no significant increase in the wording of Hot Standby is modified to The proposed amendments are designed to consequences of an accident previously remove reference to control rod improve EDG availability by eliminating evaluated. The SITs were designed to position, consistent with NUREG-1432, unwarranted surveillance testing. The mitigate the consequences of a LOCA. The Standard Technical Specifications for proposed amendment does not affect any of currently specified surveillance intervals are Combustion Engineering Plants, not changed, except to delete the requirement the assumptions used in the deterministic for accelerated testing under certain LOCA analysis. Probabilistic safety analysis Revision 1 dated April 1995. circumstances. The proposed changes do not methods were used to fully evaluate the Basis for proposed no significant otherwise alter the basis for any Technical effect of the SIT allowable outage time hazards consideration determination: Specification that is related to the (AOT). The licensee asserts that the results of As required by 10 CFR 50.91(a), the establishment of, or the maintenance of a these analyses show no significant increase licensee has provided its analysis of the nuclear safety margin. Therefore, operation of in the consequences of an accident issue of no significant hazards the facility in accordance with the proposed previously evaluated. Thus, there is no consideration. The NRC staff has amendment would not involve a significant significant increase in the probability or reviewed the licensee’s analysis against consequences of an accident previously reduction in a margin of safety. the standards of 10 CFR 50.92(c). The The NRC staff has reviewed the evaluated. 2. The proposed amendment does not staff’s review is presented below: licensee’s analysis and, based on this 1. The proposed amendment does not review, it appears that the three create the possibility of a new or different kind of accident from any accident involve a significant increase in the standards of 50.92(c) are satisfied. previously evaluated. The proposed probability or consequences of an accident Therefore, the NRC staff proposes to amendment does not change the design, previously evaluated. The changes to these determine that the amendment request physical configuration, or modes of operation Definitions are administrative in nature. The involves no significant hazards of the plant. Plant configurations that are Transthermal and Hot Shutdown conditions consideration. prohibited by TS will not be created by this are changed by adding ‘‘at least’’ to establish Local Public Document Room proposed amendment. Thus, the proposed a range of subcriticality. The current Definitions for the Transthermal and Hot location: Florida International amendment does not create the possibility or consequences of an accident previously Shutdown conditions set one minimum University, University Park, Miami, value for subcriticality; the change to these Florida 33199 evaluated. 3. The proposed amendment does not two Definitions would allow a range of Attorney for licensee: J. R. Newman, values for subcriticality. All values of involve a significant reduction in a margin of subcriticality that may be established by this Esquire, Morgan, Lewis & Bockius, 1800 safety. The proposed amendment does not change are below the current Definitions M Street, NW., Washington, DC 20036 affect the limiting conditions for operation or (more subcritical). The change to the wording NRC Project Director: David B. the bases used in the deterministic analyses of Hot Standby removes confusion about the Matthews to establish the margin of safety. The licensee Conditions during which control rods may be asserts that PSA methods were used to Maine Yankee Atomic Power Company, withdrawn and is consistent with current evaluate these changes and demonstrate that NRC guidance. All current plant analyses, Docket No. 50-309, Maine Yankee the changes are either risk neutral or risk requirements and acceptance criteria on Atomic Power Station, Lincoln County, beneficial. Thus, the proposed amendment Maine subcriticality conditions remain in effect. does not involve a significant reduction in a The changes to these Definitions have no Date of amendment request: July 24, margin of safety. impact on event probabililty. Thus, the 1995 Based on this review, it appears that proposed amendment does not involve a Description of amendment request: the three standards of 10 CFR 50.92(c) significant increase in the probability or The proposed amendment would are satisfied. Therefore, the NRC staff consequences of an accident previously modify Technical Specification 3.6.C to proposes to determine that this evaluated. allow up to 7 days to restore low amendment request involves no 2. The proposed amendment does not pressure safety injection (LPSI) pump significant hazards determination. create the possibility of a new or different Local Public Document Room kind of accident from any accident subsystem operability, and up to 24 previously evaluated. The proposed hours to restore safety injection tank location: Wiscasset Public Library, High Street, P.O. Box 367, Wiscasset, ME amendment clarifies the subject Definitions. (SIT) operability. Limits on subcriticality requirements are Basis for proposed no significant 04578 unaffected, as are reactivity transients hazards consideration determination: Attorney for licensee: Mary Ann previously evaluated. Plant procedures As required by 10 CFR 50.91(a), the Lynch, Esquire, Maine Yankee Atomic currently require that minimum values for licensee has provided its analysis of the Power Company, 329 Bath Road, subcriticality be established. All values of issue of no significant hazards Brunswick, ME 04011 subcriticality that may be established by this change are below the current Definitions consideration. The NRC staff has NRC Project Director: Phillip F. McKee (more subcritical). Further, the change to the reviewed the licensee’s analysis against wording of Hot Standbyis consistent with the standards of 10 CFR 50.92(c). The Maine Yankee Atomic Power Company, current NRC guidance. Thus, the proposed staff’s review is presented below: Docket No. 50-309, Maine Yankee amendment does not create the possibility of 1. The proposed amendment does not Atomic Power Station, Lincoln County, a new or different kind of accident from any involve a significant increase in the Maine accident previously evaluated. probability or consequences of an accident 3. The proposed amendment does not previously evaluated. The LPSI system is Date of amendment request: August 8, involve a significant reduction in a margin of designed primarily to mitigate the 1995 safety. Adding the words ‘‘at least’’ to the consequences of a large loss-of-coolant Description of amendment request: Transthermal and Hot Shutdown conditions accident (LOCA). Inoperable LPSI The proposed amendment would establishes a range of subcriticality to the 52932 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
Definitions for these terms. All values of for each core prior to reloading. The material Maine Yankee Atomic Power Company, subcriticality are below (more subcritical) used to clad the fuel and the fuel enrichment Docket No. 50-309, Maine than the current value, thus the margin of are only two of the factors considered in this YankeeAtomic Power Station, Lincoln safety is increased. All current plant determinination. The application of County, Maine analyses, requirements and acceptance approved methods ensures that all criteria on subcriticality conditions remain in appropriate variables are addressed and their Date of amendment request: August effect. The change to the wording of Hot acceptance criteria satisfied. Thus, the 31, 1995 Standby removes confusion about the proposed change does not involve a Description of amendment request: Conditions during which control rods may be significant increase in the probability or The proposed amendment would withdrawn and is consistent with current consequences of an accident previously relocate fire protection requirements NRC guidance. Thus, there is no significant evaluated. from the Maine Yankee (MY) Atomic reduction in a margin of safety. 2. The proposed change does not create the Power Station Technical Specifications Based on this review, it appears that possibility of a new or different kind of (TS) to other, licensee-controlled the three standards of 10 CFR 50.92(c) accident from any accident previously documents. The proposed amendment are satisfied. Therefore, the NRC staff evaluated. The determination of compliance is consistent with the guidance of U.S. proposes to determine that this with the acceptance criteria of the approved safety evaluation for any given core reload NRC Generic Letters 86-10, amendment request involves no design is performed for each MY reload core Implementation of Fire Protection significant hazards consideration. prior to loading. In addition, determination Requirements, and 88-12, Removal of Local Public Document Room of compliance with the acceptance criteria of Fire Protection Requirements from the location: Wiscasset Public Library, High the approved safety evaluation for fuel Technical Specifications. Street, P.O. Box 367, Wiscasset, ME storage is performed for each core prior to Basis for proposed no significant 04578 receipt of the fuel. The use of approved hazards consideration etermination: As methods and their acceptance criteria Attorney for licensee: Mary Ann required by 10 CFR 50.91(a), the Lynch, Esquire, Maine Yankee Atomic ensures that new or different accidents will not be encountered by the use of fuel rods licensee has provided its analysis if the Power Company, 329 Bath Road, issue of no significant hazards Brunswick, ME 04011 clad with zirconium alloy and having higher fuel enrichments. Further, the proposed consideration. The NRC staff has NRC Project Director: Phillip F. change does not involve any altertions to reviewed the licensee’s analysis against McKee plant equipment that would affect any the standards of 10 CFR 50.92(c). The Maine Yankee Atomic Power Company, operational modes or accident precursors. NRC staff’s review is presented below: Docket No. 50-309, Maine Yankee Finally, the proposed change does not 1. The proposed change does not involve involve, or require secondary involvement of, a significant increase in the probability or Atomic Power Station, Lincoln County, any equipment important to safety. Thus the Maine consequences of an accident previously proposed change does not create the evaluated. The proposed change is Date of amendment request: August possibility of a new or different kind of administrative and consistent with the 30, 1995 accident from any accident previously guidance provided by the U.S. NRC. Description of amendment request: evaluated. Removing fire protection requirements from 3. The proposed change does not involve the TS does not affect any fire protection The proposed amendment would a significant reduction in a margin of safety. change Technical Specification (TS) equipment, or involve any physical Maine Yankee reload cores containing fuel modifications to plant structures, systems or 1.3.A, Reactor Core, to allow the use of rods clad with zirconium alloy and having components. The proposed change is not fuel rods clad with zirconium alloy, higher fuel enrichments will be analyzed associated with accident initiation or rather than restrict fuel rod cladding to using NRC-approved methods and applicable mitigation and cannot affect the probability Zircaloy-4. In addition, the fuel acceptance criteria. Safety evaluations of occurrence of an accident, or increase the enrichment limit described in this performed for each core reload ensure that consequences of an accident. The licensee’s specification would be changed to more the core design meets appropriate safety fire protection plan contains the relocated closely agree with the wording found in assessment acceptance criteria. In addition, requirements. the impact of fuel assembly design changes NUREG-1432, ‘‘Standard Technical 2. The proposed change does not create the on fuel storage also will be analyzed using possibility of a new or different kind of Specifications for Combustion NRC-approved methods and aceptance accident from any accident previously Engineering Plants,’’ dated April 1995. criteria. Application of the approved evaluated. The proposed change introduces Basis for proposed no significant methods ensures that the requirements of MY no new mode of plant operation, does not hazards consideration determination: TS 1.1, Fuel Storage, are achieved. Because involve physical modification of any As required by 10 CFR 50.91(a), the these requirements are not changed, the structure, system or component, and does not licensee has provided its analysis of the margin of safety remains the same. Thus affect the function, operation or surveillance issue of no significant hazards there is no significant reduction in a margin requirements of any equipment necessary for consideration. The NRC staff has of safety. safe operation or shutdown. Further, the proposed change does not involve any reviewed the licensee’s analysis against Based on this review, it appears that the three standards of 10 CFR 50.92(c) change to equipment setpoints or operating the standards of 10 CFR 50.92(c). The parameters. The proposed change is staff’s review is presented below: are satisfied. Therefore, the NRC staff proposes to determine that this administrative in nature. Existing plant fire 1. The proposed change does not involve protection equipment requirements are a significant increase in the probability or amendment request involves no retained. Thus, the proposed change does not consequences of an acident previously significant hazards consideration. create the possibility for a new or different evaluated. Maine Yankee (MY) reload cores Local Public Document Room kind of accident from any accident containing fuel rods clad with zirconium location: Wiscasset Public Library, High previously evaluated. alloy and having higher fuel enrichments Street, P.O. Box 367, Wiscasset, ME 3. The proposed change does not involve will be analyzed using NRC-approved 04578 a significant reduction in a margin of safety. methods and applicable acceptance criteria. Attorney for licensee: Mary Ann No margins of safety established by system or In addition, the impact of fuel assembly Lynch, Esquire, Maine Yankee Atomic component design, or verified by testing to design changes on fuel storage will be ensure operability of fire protection systems analyzed using NRC-approved methods and Power Company, 329 Bath Road, or components, are affected. Fire protection acceptance criteria. Compliance with the Brunswick, ME 04011 requirements currently found in the TS will acceptance criteria for the applicable analysis NRC Project Director: Phillip F. be relocated in their entirety to the Maine for a given core design must be determined McKee Yankee Fire Protection Plan. Any future Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52933 changes to the Plan will be evaluated in 3. Involve a significant reduction in the testing, solid radioactive wastes, and accordance with the requirements of 10 CFR margin of safety. associated reporting requirements. Existing 50.59, Changes, tests and experiments. Thus Since the proposed change[s] are Technical Specifications containing the proposed change does not involve a administrative in nature and do not result in procedural details on radioactive effluents, significant reduction in a margin of safety. changes to plant configuration, operation, radiological environmental monitoring, Based on this review, it appears that accident mitigation, or analysis assumptions, radioactive source leakage testing, explosive the three standards of 10 CFR 50.92(c) there is no reduction in the margin of safety. gas monitoring, storage tank radioactive are satisfied. Therefore, the NRC staff The NRC staff has reviewed the content limits, solid radioactive wastes and proposes to determine that the licensee’s analysis and, based on this associated reporting requirements are being amendment request involves no review, it appears that the three relocated to the Offsite Dose Calculation significant hazards consideration. standards of 10 CFR 50.92(c) are Manual, Process Control Program or other Local Public Document Room satisfied. Therefore, the NRC staff new programs as appropriate. Compliance with applicable regulatory requirements will location: Wiscasset Public Library, High proposes to determine that the continue to be maintained. In addition, the Street, P.O. Box 367, Wiscasset, ME amendment request involves no proposed changes do not alter the conditions 04578 significant hazards consideration. or the assumptions in any of the previous Attorney for licensee: Mary Ann Local Public Document Room accident analyses. Since the previous Lynch, Esquire, Maine Yankee Atomic location: Learning Resources Center, accident analyses remain bonding, the Power Company, 329 Bath Road, Three Rivers Community-Technical radiological consequences previously Brunswick, ME 04011 College, 574 New London Turnpike, evaluated are not adversely affected by the NRC Project Director: Phillip F. Norwich, CT 06360. proposed changes. McKee Attorney for licensee: Lillian M. Therefore, the probability or consequences Cuoco, Esq., Senior Nuclear Counsel, of an accident previously evaluated are not Northeast Nuclear Energy Company, et Northeast Utilities Service Company, affected by any of the proposed amendments. al., Docket No. 50-336, Millstone 2. The proposed amendment will not Nuclear Power Station, Unit Nos. 2, P.O. Box 270, Hartford, CT 06141-0270. create the possibility of a new or different NRC Project Director: Phillip F. New London, Connecticut kind of accident from any accident McKee previously analyzed. Date of amendment request: The proposed changes do not create the September 11, 1995 Northern States Power Company, Docket Nos. 50-282 and 50-306, Prairie possibility of a new or different kind of Description of amendment request: accident from any accident previously The proposed changes affect Technical Island Nuclear Generating Plant, Unit evaluated. The proposed changes do not Specification Sections 3.4.8 and 3.9.9, Nos. 1 and 2, Goodhue County, involve any change to the configuration or Tables 2.2-1, 3.3-3, 3.3-5 and 3.3-8, and Minnesota method of operation of any plant equipment. Bases Sections 3/4.2.1, 3/4.4.8 and 3/ Date of amendment requests: July 17, Accordingly, no new failure modes have 4.11.2.1. These changes combine several 1995 been defined for any plant system or different administrative changes which Description of amendment requests: component important to safety nor has any will correct typographical errors, The proposed amendments would new limiting single failure been identified as a result of the proposed changes. Also, there provide clarifications, or make editorial revise the Prairie Island Radiological will be no change in types or increase in the changes. Effluent Technical Specifications and amounts of any effluents released offsite. Basis for proposed no significant other sections relating to radiological Therefore, the possibility of a new or hazards consideration determination: controls to conform to NUREG-1431, different kind of accident from any accident As required by 10 CFR 50.91(a), the Standard Technical Specifications, previously evaluated would not be created. licensee has provided its analysis of the Westinghouse Plants, Revision 1, and 3. The proposed amendment will not issue of no significant hazards Generic Letter 89-01, ‘‘Implementation involve a significant reduction in the margin consideration (SHC), which is presented of Programmatic Controls for of safety. below: Radiological Effluent Technical The proposed changes do not involve a significant reduction in a margin of safety. Pursuant to 10CFR50.92, NNECO has Specifications in the Administrative reviewed the proposed changes. NNECO The proposed changes do not involve any Controls Section of the Technical actual change in the methodology used in the concludes that these changes do not involve Specifications and the Relocation of a significant hazards consideration since the control of radioactive effluents, radioactive proposed change satisfies the criteria in Procedural Details of RETS to the Offsite sources, solid radioactive wastes, or 10CFR50.92(c). That is, the proposed changes Dose Calculation Manual or to the radiological environmental monitoring. do not: Process Control Program. These changes are considered administrative 1. Involve a significant increase in the Basis for proposed no significant in nature and provide for the relocation of probability or consequences of an accident hazards consideration determination: procedural details outside of the technical previously analyzed. As required by 10 CFR 50.91(a), the specifications but add appropriate The proposed changes are administrative administrative controls to provide continued licensee has provided its analysis of the assurance of compliance to applicable in nature and do not result in changes to issue of no significant hazards plant configuration, operation, accident regulatory requirements. These proposed mitigation, or analysis assumptions. Thus, it consideration, which is presented changes also comply with the guidance cannot increase the probability or below: contained in Generic Letter 89-01 and the consequence of an accident. 1. The proposed amendment will not Standard Technical Specifications. 2. Create the possibility of a new or involve a significant increase in the Therefore, it can be concluded a significant different kind of accident from any probability or consequences of an accident reduction in the margin of safety would not previously analyzed. previously evaluated. be involved. The proposed changes are administrative The proposed changes do not involve a The NRC staff has reviewed the in nature and do not result in changes to significant increase in the probability or licensee’s analysis and, based on this plant configuration, operation, accident consequences of an accident previously review, it appears that the three evaluated. The proposed changes are mitigation, or analysis assumptions. The standards of 10 CFR 50.92(c) are intent and application of the proposed administrative in nature and alter only the specification will not change. Therefore, the format and location of programmatic controls satisfied. Therefore, the NRC staff proposal does not create the possibility of a and procedural details relative to radioactive proposes to determine that the new or different kind of accident from any effluents, radiological environmental amendment requests involve no previously analyzed. monitoring, radioactive source leakage significant hazards consideration. 52934 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
Local Public Document Room has the same calculational basis as the MCPR licensee has provided its analysis of the location: Minneapolis Public Library, Safety Limit for other GE fuel designs issue of no significant hazards Technology and Science Department, currently used at LGS [Limerick Generating consideration, which is presented 300 Nicollet Mall, Minneapolis, Station] Unit 1. below: Therefore, the proposed TS change does 1. The proposed TS changes do not involve Minnesota 55401 not create the possibility of a new or different Attorney for licensee: Jay Silberg, Esq., a significant increase in the probability or kind of accident, from any accident consequences of an accident previously Shaw, Pittman, Potts, and Trowbridge, previously evaluated. 2300 N Street, NW, Washington, DC evaluated. 3. The proposed TS change does not The proposed changes will remove 20037 involve a significant reduction in a margin of NRC Project Director: John N. Hannon component tables from TS. The component safety. lists will be retained in licensee controlled The following TS Bases were reviewed for documents (UFSAR [Updated Final Safety Philadelphia Electric Company, Docket potential reduction in the margin of safety: No. 50-352, Limerick Generating Analysis Report] and a plant procedure) 2.1 ‘‘Safety Limits’’ which will be maintained under the Station, Unit 1, Montgomery County, 3/4.2.1 ‘‘Average Planar Linear Heat Pennsylvania requirements of TS Administrative Controls Generation Rate’’ Section 6.0 and the provisions of 10 CFR Date of amendment request: June 19, 3/4.2.3 ‘‘Minimum Critical Power Ratio’’ 50.59. Since any changes to licensee 1995 3/4.2.4 ‘‘Linear Heat Generation Rate’’ controlled documents are required to be Description of amendment request: 3/4.4.1 ‘‘Recirculation System’’ evaluated per 10 CFR 50.59, no increase 3/4.9 ‘‘Refueling Operations’’ The proposed amendment would revise (significant or insignificant) in the The margin of safety as defined in the TS probability or consequences of an accident Technical Specification Section 2.1, Bases will remain the same. The new ‘‘Safety Limits,’’ to change the previously evaluated will be allowed. Minimum Critical Power Ratio (MCPR) In addition, these proposed changes will Minimum Critical Power Ratio Safety Safety Limit is calculated using NRC not affect any equipment important to safety, Limit due to the use of General Electric approved methods which are in accordance in structure or operation. These changes will 13 fuel product line. with the current fuel design and licensing not alter operation of process variables, Basis for proposed no significant criteria. The MCPR Safety Limit for GE13 fuel structures, systems, or components as hazards consideration determination: remains high enough to ensure that greater described in the safety analysis and licensing As required by 10 CFR 50.91(a), the than 99.9% of all fuel rods in the core will basis. The changes will not increase the avoid boiling transition if the limit is not probability or consequences of occurrence of licensee has provided its analysis of the violated, thereby preserving the fuel cladding issue of no significant hazards a malfunction of equipment important to integrity. safety previously evaluated in the SAR consideration, which is presented Therefore, the proposed TS change does below: [Safety Analysis Report]. not involve a reduction in a margin of safety. 2. The proposed TS changes do not create 1. The proposed Technical Specifications The NRC staff has reviewed the (TS) change does not involve a significant the possibility of a new or different kind of licensee’s analysis and, based on this accident from any accident previously increase in the probability or consequences review, it appears that the three of an accident previously evaluated. evaluated. The derivation of the revised GE13 standards of 10 CFR 50.92(c) are The proposed changes will not alter the [General Electric] Minimum Critical Power satisfied. Therefore, the NRC staff plant configuration or change the methods Ratio (MCPR) Safety Limit for incorporation proposes to determine that the governing normal plant operation. The into the Technical Specifications, and its use amendment request involves no changes will not impose different operating to determine cycle-specific thermal limits significant hazards consideration. requirements and adequate control of have been performed using NRC-approved Local Public Document Room information will be retained. The changes methods within the existing design and will not alter assumptions made in the safety location: Pottstown Public Library, 500 analysis and licensing basis. Since the licensing basis, and cannot increase the High Street, Pottstown, Pennsylvania probability or severity of an accident. proposed changes cannot cause an accident, 19464. and the plant response to the design basis The basis of the MCPR Safety Limit Attorney for licensee: J. W. Durham, calculation is to ensure that greater than events is unchanged, the changes do not 99.9% of all fuel rods in the core avoid Sr., Esquire, Sr. V. P. and General create the possibility of a new or different boiling transition if the limit is not violated. Counsel, Philadelphia Electric kind of accident from any accident The new MCPR Safety Limit preserves the Company, 2301 Market Street, previously evaluated. existing margin to transition boiling and fuel Philadelphia, Pennsylvania 19101 3. The proposed TS changes do not involve damage in the event of a postulated accident. NRC Project Director: John F. Stolz a significant reduction in a margin of safety. All design bases of the MCPR Safety Limit The proposed changes to remove the calculation apply to GE13 fuel in the same Philadelphia Electric Company, Docket component tables from TS have been manner that they have applied to previous Nos. 50-352 and 50-353, Limerick performed under the guidance of NRC GL 91- fuel designs. The probability of fuel damage Generating Station, Units 1 and 2, 08. The component lists will be retained in is not increased. Montgomery County, Pennsylvania licensee controlled documents (UFSAR and a Therefore, the proposed TS change does plant procedure) which will be maintained not involve an increase in the probability or Date of amendment request: under the requirements of TS Administrative consequences of an accident previously September 14, 1995 Controls Section 6.0 and the provisions of 10 evaluated. Description of amendment request: CFR 50.59. These changes will not reduce the 2. The proposed TS change does not create The amendments change the Technical margin of safety since they have no impact the possibility of a new or different kind of Specifications (TS) by removing the on any safety analysis assumptions. Since accident from any accident previously Reactor Enclosure and Refueling Area any future changes to the removed tables will evaluated. Secondary Containment Isolation Valve be evaluated under the requirements of 10 CFR 50.59, no reduction (significant or The MCPR Safety Limit for the GE13 fuel Tables 3.6.5.2.1-1 and 3.6.5.2.2-1 from design is a Technical Specification numerical insignificant) in a margin of safety will be TS in accordance with NRC Generic allowed. Therefore, the proposed TS changes value, designed to ensure that fuel damage Letter (GL) 91-08, ‘‘Removal of from transition boiling does not occur as a do not involve a significant reduction in a result of the limiting postulated accident. It Component Lists from Technical margin of safety. cannot create the possibility of any new type Specifications.’’ The NRC staff has reviewed the of accident. The new Minimum Critical Basis for proposed no significant licensee’s analysis and, based on this Power Ratio (MCPR) Safety Limit is hazards consideration determination: review, it appears that the three calculated using NRC-approved methods and As required by 10 CFR 50.91(a), the standards of 10 CFR 50.92(c) are Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52935 satisfied. Therefore, the NRC staff licensee has provided its analysis of the the intent of Generic Letter (GL) 88-16 proposes to determine that the issue of no significant hazards which provides guidelines for the amendment request involves no consideration, which is presented removal of cycle-specific parameter significant hazards consideration. below: limits from the TSs. Local Public Document Room A. The proposed amendment does not Basis for proposed no significant location: Pottstown Public Library, 500 involve a significant increase in the hazards consideration determination: High Street, Pottstown, Pennsylvania probability or consequences of an accident As required by 10 CFR 50.91(a), the 19464. previously evaluated. licensee has provided its analysis of the Attorney for licensee: J. W. Durham, The proposed changes are administrative in nature and correct errors that were issue of no significant hazards Sr., Esquire, Sr. V. P. and General introduced by previous changes to the TSs. consideration, which is presented Counsel, Philadelphia Electric These changes do not affect any of the design below: Company, 2301 Market Street, basis accidents nor do they involve an 1. Do the proposed changes involve a Philadelphia, Pennsylvania 19101 increase in the probability or consequences significant increase in the probability or NRC Project Director: John F. Stolz of an accident previously evaluated. consequences of an accident previously B. The proposed amendment does not evaluated? Rochester Gas and Electric create the possibility of a new or different The proposed changes remove cycle- Corporation, Docket No. 50-244, R. E. kind of accident from any accident specific parameter limits from the Technical Ginna Nuclear Power Plant, Wayne previously evaluated. Specifications, add them to the list of limits County, New York The proposed changes are administrative contained in the Core Operating Limits in nature. These changes do not change the Report (COLR), and revise the Administrative Date of amendment request: May 26, operation or function of the affected Controls section of the Technical 1995 instrumentation. The deletion of the RCIC Specifications. The changes do not, by Brief description of amendment: The and HPCI instrument checks reflects the themselves, alter any of the parameter limits. proposed amendment would represent a actual installed configuration of this The changes are administrative in nature and full conversion from the current instrumentation (no indication) and the have no adverse effect on the probability of Technical Specifications (TSs) to a set of change to Table 4.2.C corrects the referenced an accident or on the consequences of an TS based on NUREG-1431, ‘‘Standard note for the SRM Upscale function. accident previously evaluated. The removal Therefore, the possibility for an accident or of parameter limits from the Technical Technical Specifications, Westinghouse Specifications does not eliminate the Plants,’’ Revision 0, dated September malfunction of a different type than any evaluated previously is not created by this requirement to comply with the parameter 1993, together with approved travellers change. limits. used in the issuance of Revision 1, C. The proposed amendment does not The parameter limits in the COLR may be dated April 1995. NUREG-1431 was involve a significant reduction in a margin of revised without prior NRC approval. developed through working groups safety. However, Specification 6.9.1.6c continues to composed of NRC staff members and The proposed changes are administrative ensure that the parameter limits are industry representatives and has been in nature. The proposed changes to TS Tables developed using NRC-approved 4.2.B and 4.2.C do not affect any acceptable methodologies and that applicable limits of endorsed by the staff as part of an the safety analyses are met. While future industry-wide initiative to standardize limit of operation, instrument setpoint, or analysis assumption in the TS or Bases. changes to the COLR parameter limits could and improve the TSs. As part of this Therefore, this change does not reduce the result in event consequences which are either submittal, the licensee has applied the margin of safety as defined in the basis for slightly less or slightly more severe than the criteria contained in the Commission’s any TS. consequences for the same event using the Final Policy Statement on Technical The NRC staff has reviewed the present parameter limits, the differences Specification Improvements for Nuclear licensee’s analysis and, based on this would not be significant and would be Power Reactors of July 22, 1993, to the bounded by the requirement of specification review, it appears that the three 6.9.1.6c to meet the applicable limits in the current Ginna TSs, and using NUREG- standards of 10 CFR 50.92(c) are safety analysis. 1431 as a basis, developed a proposed satisfied. Therefore, the NRC staff Based on the above, removal of the set of improved TSs for Ginna.Date of proposes to determine that the parameter limits from the Technical publication of individual notice in amendment request involves no Specifications and the addition of these Federal Register: September 26, 1995 significant hazards consideration. limits the list of limits in the COLR, thus (60 FR 49636) Local Public Document Room allowing revision of the parameter limits Expiration date of individual notice: location: Athens Public Library, South without prior NRC approval, has no October 26, 1995 Street, Athens, Alabama 35611 significant effect on the probability or Local Public Document Room Attorney for licensee: General consequences of an accident previously location: Rochester Public Library, 115 Counsel, Tennessee Valley Authority, evaluated. 2. Do the proposed changes create the South Avenue, Rochester, New York 400 West Summit Hill Drive, ET llH, possibility of a new or different kind of 14610 Knoxville, Tennessee 37902 accident from any accident previously NRC Project Director: Frederick J. Tennessee Valley Authority, Docket No. evaluated? Hebdon 50-296, Browns Ferry Nuclear Plant, The proposed changes remove certain TU Electric Company, Docket Nos. 50- parameter limits from the Technical Unit 3, Limestone County, Alabama Specifications and add these limits to the list Date of amendment request: 445 and 50-446, Comanche Peak Steam of limits in the COLR, removing the September 13, 1995 (TS 368) Electric Station, Units 1 and 2, requirement for prior NRC approval of Description of amendment request: Somervell County, Texas revisions to those parameters. The changes The proposed amendment deletes Date of amendment request: August do not add new hardware or change plant requirements for daily checks for certain 15, 1995 operations and therefore cannot initiate an instruments that do not have Brief description of amendments: The event nor cause an analyzed event to progress differently. Thus, the possibility of a new or indications, and provides editorial proposed amendment would relocate different kind of accident is not created. changes. the Shutdown Margin limits from the 3. Do the proposed changes involve a Basis for proposed no significant Technical Specifications (TSs) to the significant reduction in a margin of safety? hazards consideration determination:As Core Operating Limits Report. The The margin of safety, as it relates to a required by 10 CFR 50.91(a), the proposed changes are consistent with parameter limit, is the difference between the 52936 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices acceptance criterion for that parameter and consequences of the malfunction of issue of no significant hazards its failure value. The proposed changes do equipment important to safety previously consideration, which is presented not affect the failure values for any system. evaluated in the Updated Safety Analysis below: Through the accident analyses, all relevant Report (USAR) are not increased by these 1. The proposed change does not involve event acceptance criteria (as described in the changes. a significant increase in the probability or NRC-approved analysis methodologies) are The proposed changes are administrative consequences of an accident previously shown to be satisfied; therefore, there is no in nature and, therefore, have no impact on evaluated. impact on an event acceptance criteria. accident initiators or plant equipment, and The increase in the RWST allowed outage Because neither the failure values nor the thus, do not affect the probabilities or time does not alter the plant configuration or acceptance criteria are affected, the proposed consequences of an accident. operation. The potential for the RWST boron change has no effect on the margin of safety. 2. create the possibility of a new or concentration to be outside the technical The NRC staff has reviewed the different kind of accident from any accident specification limits is small because the licensee’s analysis and, based on this previously evaluated. RWST and its contents are not involved with review, it appears that the three Operation of the facility in accordance normal plant operation and are not subject to with the proposed TS changes would not standards of 10 CFR 50.92(c) are process variations associated with plant create the possibility of a new or different operation. satisfied. Therefore, the NRC staff kind of accident from any accident proposes to determine that the The potential causes of boron previously evaluated. concentration deviation have been evaluated amendment request involves no The proposed changes do not involve with the conclusion that any deviation in significant hazards consideration. changes to the physical plant or operations. RWST boron concentration would not be Local Public Document Room Since these administrative changes do not expected to increase significantly during the location: University of Texas at contribute to accident initiation, they do not proposed 7 hour allowed outage time Arlington Library, Government produce a new accident scenario or produce increase. a new type of equipment malfunction. Also, Publications/Maps, 702 College, P.O. Therefore, the proposed change does not these changes do not alter any existing involve a significant increase in the Box 19497, Arlington, TX 76019 accident scenarios; they do not affect Attorney for licensee: George L. Edgar, probability or consequences of an accident equipment or its operation, and thus, do not previously evaluated. Esq., Morgan, Lewis and Bockius, 1800 create the possibility of a new or different 2. The proposed change does not create the M Street, N.W., Washington, DC 20036 kind of accident. possibility of a new or different kind of NRC Project Director: William D. 3. involve a significant reduction in the accident from any accident previously Beckner margin of safety. evaluated. Operation of the facility in accordance Increasing the RWST allowed outage time Wisconsin Public Service Corporation, with the proposed TS would not involve a from 1 hour to 8 hours for reasons directly Docket No. 50-305, Kewaunee Nuclear significant reduction in a margin of safety. related to boron concentration does not Power Plant, Kewaunee County, The proposed changes do not affect plant require physical alteration to any plant Wisconsin equipment or operation. Safety limits and system and does not change the method by limiting safety system settings are not which any safety related system performs its Date of amendment request: affected by these proposed changes. functions. Therefore, the proposed change September 19, 1995 The NRC staff has reviewed the does not create the possibility of a new or Description of amendment request: licensee’s analysis and, based on this different kind of accident from any accident The proposed amendment would make review, it appears that the three previously evaluated. administrative changes to the Kewaunee standards of 10 CFR 50.92(c) are 3. The proposed change does not involve Nuclear Power Plant (KNPP) Technical satisfied. Therefore, the NRC staff a significant reduction in a margin of safety. Specifications (TS) to improve their proposes to determine that the Increasing the RWST allowed outage time clarity and consistency. The proposed amendment request involves no for reasons directly related to boron significant hazards consideration. concentration does not affect any accident amendment includes changes to reflect analysis assumptions, initial conditions, or revisions to 10 CFR Part 20, and changes Local Public Document Room results. The margins of safety reflected in the to correct minor typographical and location: University of Wisconsin, Wolf Creek Generating Station Technical format inconsistencies as part of an Cofrin Library, 2420 Nicolet Drive, Specifications are not compromised by the 7 ongoing effort to convert the TS to the Green Bay, Wisconsin 54311-7001. hour allowed outage time increase. WordPerfect format. Attorney for licensee: Bradley D. Therefore, the proposed change does not Basis for proposed no significant Jackson, Esq., Foley and Lardner, P. O. involve a significant reduction in a margin of hazards consideration determination: Box 1497, Madison, Wisconsin 53701- safety. As required by 10 CFR 50.91(a), the 1497. The NRC staff has reviewed the licensee has provided its analysis of the NRC Project Director: Gail H. Marcus licensee’s analysis and, based on this issue of no significant hazards review, it appears that the three Wolf Creek Nuclear Operating standards of 10 CFR 50.92(c) are consideration, which is presented Corporation, Docket No. 50-482, Wolf below: satisfied. Therefore, the NRC staff Creek Generating Station, Coffey proposes to determine that the The proposed changes were reviewed in County, Kansas accordance with the provisions of 10 CFR amendment request involves no 50.92 to show no significant hazards exist. Date of amendment request: significant hazards consideration. The proposed changes will not: September 14, 1995 Local Public Document Room 1. involve a significant increase in the Description of amendment request: locations: Emporia State University, probability or consequences of an accident The proposed amendment would revise William Allen White Library, 1200 previously evaluated. Technical Specification 3/4.5.5 to Commercial Street, Emporia, Kansas The likelihood that an accident will occur increase the outage time allowed for 66801 and Washburn University School is neither increased or decreased by these TS adjusting the boron concentration of the of Law Library, Topeka, Kansas 66621 changes. These TS changes will not impact the function or method of operation of plant refueling water storage tank (RWST) Attorney for licensee: Jay Silberg, Esq., equipment. Thus, there is not a significant from 1 hour to 8 hours. Shaw, Pittman, Potts and Trowbridge, increase in the probability of a previously Basis for proposed no significant 2300 N Street, N.W., Washington, D.C. analyzed accident due to these changes. No hazards consideration determination: 20037 systems, equipment, or components are As required by 10 CFR 50.91(a), the NRC Project Director: William H. affected by the proposed changes. Thus, the licensee has provided its analysis of the Bateman Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52937
Previously Published Notices Of under postulated accident conditions, contained in NUREG-0123. The Consideration Of Issuance Of the TSPs may be displaced sufficiently Technical Specification Upgrade Amendments To Facility Operating by blowdown hydrodynamic loads such Program (TSUP) is not a complete Licenses, Proposed No Significant that a SG tube flaw which was fully adaption of the STS. The TS upgrade Hazards Consideration Determination, confined within the thickness of the focuses on (1) integrating additional And Opportunity For A Hearing TSP prior to the accident would then be information such as equipment The following notices were previously fully exposed. This approach was first operability requirements during advanced by the NRC staff in a draft published as separate individual shutdown conditions, (2) clarifying generic letter issued on August 12, 1994, notices. The notice content was the requirements such as limiting which was subsequently modified same as above. They were published as conditions for operation and action slightly and issued as Generic letter (GL) individual notices either because time statements utilizing STS terminology, 95-05, ‘‘Voltage-Based Repair Criteria did not allow the Commission to wait For Westinghouse Steam Generator (3) deleting superseded requirements for this biweekly notice or because the Tubes Affected by Outside Diameter and modifications to the TS based on action involved exigent circumstances. Stress Corrosion Cracking,’’ dated the licensee’s responses to Generic They are repeated here because the August 3, 1995. The previous license Letters (GL), and (4) relocating specific biweekly notice lists all amendments amendments related to the issue of items to more appropriate TS locations. issued or proposed to be issued ODSCC were based to a large extent on The September 1, 1995, application involving no significant hazards the draft generic letter cited above. proposed to upgrade only Section 6.0 consideration. The fundamental difference between (Administrative Controls) of the For details, see the individual notice the pending proposal to raise the lower Dresden TS.Date of publication of in the Federal Register on the day and voltage repair limit to 3.0 volts and the individual notice in Federal Register: page cited. This notice does not extend methodology contained in GL 95-05, is September 20, 1995 (60 FR 48728) the notice period of the original notice. that the licensee proposes to install Expiration date of individual notice: certain modifications to the SG internal Commonwealth Edison Company, October 20, 1995 Docket Nos. STN 50-454 and STN 50- structures, thereby limiting to a small 455, Byron Station, Unit Nos. 1 and 2, value, the maximum displacement of Local Public Document Room Ogle County, Illinois, Docket Nos. STN the TSPs under accident conditions. location: Morris Area Public Library 50-456 and STN 50-457, Braidwood The proposed structural modifications District, 604 Liberty Street, Morris, Station, Unit Nos. 1 and 2, Will County, consist of expanding a limited number Illinois 60450 of SG tubes only on the hot leg side of Illinois Duquesne Light Company, et al., Docket the TSP, at each of the intersections of Date of amendment request: Nos. 50-334 and 50-412, Beaver Valley the tubes with the TSPs. The purpose of September 1, 1995 this approach would be to greatly Power Station, Unit Nos. 1 and 2, Description of amendment request: reduce the probability of SG tube burst Shippingport, Pennsylvania The proposed amendments would under postulated accident conditions by revise the present voltage-based repair Date of amendment request: several orders of magnitude. There criteria in the Byron 1 and Braidwood September 13, 1995 would be a negligible impact on the 1 Technical Specifications (TSs). These primary-to-secondary SG tube leakage Brief description of amendment proposed revisions would raise the under accident conditions. request: The proposed amendments lower voltage limit from its present While the voltage-based repair criteria would revise the Administrative value of 1.0 volt to 3.0 volts; there for ODSCC flaws are applicable only to Controls section and the Bases section would no longer be an upper voltage Byron 1 and Braidwood 1, the pending of the Beaver Valley Power Station, Unit limit. request for license amendments Nos. 1 and 2 (BVPS-1 and BVPS-2), The Braidwood 1 TSs were revised by involves all four units in that both technical specifications to be consistent License Amendment No. 54, issued on stations have a common set of TSs. Date with the requirements of the Offsite August 18, 1994, to add voltage-based of publication of individual notice in Dose Calculation Manual (ODCM). The repair criteria to the existing steam Federal Register: September 27, 1995 generator (SG) tube repair criteria. The ODCM was recently updated to reflect (60 FR 49963) the radioactive liquid and gaseous Byron 1 TSs were revised in a similar Expiration date of individual notice: manner by License Amendment No. 66, effluent release limits and the liquid October 27, 1995 holdup tank activity limit of BVPS-1 issued on October 24, 1994. Local Public Document Room License Amendment No. 188 and BVPS- The voltage-based repair criteria in location: For Byron, the Byron Public 2 License Amendment No. 70 which the subject TSs are applicable only to a Library District, 109 N. Franklin, P.O. were issued June 12, 1995.Date of specific type of SG tube degradation Box 434, Byron, Illinois 61010; for which is predominantly axially-oriented Braidwood, the Wilmington Public publication of individual notice in outer diameter stress corrosion cracking Library, 201 S. Kankakee Street, Federal Register: September 22, 1995 (ODSCC). This particular form of SG Wilmington, Illinois 60481 (60 FR 49292) tube degradation occurs entirely within Expiration date of individual notice: Commonwealth Edison Company, the intersections of the SG tubes with October 23, 1995 the tube support plates (TSPs). Docket Nos. 50-237 and 50-249, The present voltage values for the Dresden Nuclear Power Station, Local Public Document Room ODSCC repair criteria are based on the Grundy County, Illinois location: B. F. Jones Memorial Library, assumption of a ‘‘free span’’ exposure of Date of amendment request: 663 Franklin Avenue, Aliquippa, the SG tube flaw; i.e., no credit is given September 1, 1995 Pennsylvania 15001 for any constraint against burst or Description of amendment request: leakage, which may be provided by the The proposed amendment would presence of the TSPs. This approach is, upgrade the Dresden TS to the standard in turn, based on the assumption that Technical Specifications (STS) 52938 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
PECO Energy Company, Public Service For further details with respect to the Commonwealth Edison Company, Electric and Gas Company, Delmarva action see (1) the applications for Docket Nos. 50-237 and 50-249, Power and Light Company, and amendment, (2) the amendment, and (3) Dresden Nuclear Power Station, Units 2 Atlantic City Electric Company, Docket the Commission’s related letter, Safety and 3, Grundy County, Illinois Docket No. 50-278, Peach Bottom Atomic Evaluation and/or Environmental Nos. 50-254 and 50-265, Quad Cities Power Station, Unit No. 3, York County, Assessment as indicated. All of these Nuclear Power Station, Units 1 and 2, Pennsylvania items are available for public inspection Rock Island County, Illinois Date of amendment request: at the Commission’s Public Document Date of application for amendments: September 1, 1995 Room, the Gelman Building, 2120 L March 26, 1993, as supplemented May Brief description of amendment Street, NW., Washington, DC, and at the 15, 1995 request: The proposed amendment local public document rooms for the Brief description of amendments: would delete License Condition 2.C.(5) particular facilities involved. These amendments upgrade the current from Facility Operating License DPR-56 custom Technical Specifications (TS) which restricts power levels to no less Arizona Public Service Company, et al., for Dresden and Quad Cities to the than seventy percent in the coastdown Docket Nos. STN 50-528, STN 50-529, Standard Technical Specifications condition. and STN 50-530, Palo Verde Nuclear contained in NUREG-0123, ‘‘Standard Date of publication of individual Generating Station, Units 1, 2, and 3, Technical Specification General Electric notice in Federal Register: September Maricopa County, Arizona Plants BWR/4.’’ These amendments 19, 1995 (60 FR 48530) upgrade only Section 3/4.9 (Electrical Date of application for amendments: Expiration date of individual notice: Power Systems). These amendments October 18, 1995 December 7, 1994, as supplemented by include the relocation of some TS Local Public Document Room letter dated August 1, 1995. requirements to licensee-controlled location: Government Publications Brief description of amendments: The documents. Section, State Library of Pennsylvania, amendments change Note 5 to Table 4.3- Date of issuance: September 18, 1995 (REGIONAL DEPOSITORY) Education 1 of Technical Specification 3/4.3.1 to Effective date: Immediately, to be Building, Walnut Street and allow verification of the shape- implemented no later than December Commonwealth Avenue, Box 1601, annealing matrix elements used in the 31, 1995, for Dresden Nuclear Power Harrisburg, Pennsylvania 17105 core protection calculators. This Station and June 30, 1996, for Quad Cities Nuclear Power Station. Notice Of Issuance Of Amendments To provides the option of using generic Amendment Nos.: 138, 132, 160, 156 Facility Operating Licenses shape-annealing matrix elements in the core protection calculators. Presently, Facility Operating License Nos. DPR- During the period since publication of cycle-specific shape-annealing elements 19, DPR-25, DPR-29 and DPR-30. The the last biweekly notice, the are determined during startup testing amendments revised the Technical Commission has issued the following after each core reload. Use of a generic Specifications. amendments. The Commission has shape-annealing matrix eliminates Date of initial notice in Federal determined for each of these Register: January 19, 1994 (59 FR 2864) several hours of critical path work amendments that the application The Commission’s related evaluation of during startup after a refueling outage. complies with the standards and the amendments is contained in a Safety requirements of the Atomic Energy Act Date of issuance: September 20, 1995 Evaluation dated September 18, 1995. of 1954, as amended (the Act), and the Effective date: September 20, 1995 No significant hazards consideration Commission’s rules and regulations. comments received: No Amendment Nos.: Unit 1 - The Commission has made appropriate Local Public Document Room Amendment No. 100; Unit 2 - findings as required by the Act and the location: for Dresden, Morris Area Commission’s rules and regulations in Amendment No. 88; Unit 3 - Public Library District, 604 Liberty 10 CFR Chapter I, which are set forth in Amendment No. 71 Street, Morris, Illinois 60450; for Quad the license amendment. Facility Operating License Nos. NPF- Cities, Dixon Public Library, 221 Notice of Consideration of Issuance of 41, NPF-51, and NPF-74: The Hennepin Avenue, Dixon, Illinois 61021 Amendment to Facility Operating amendments revised the Technical Commonwealth Edison Company, License, Proposed No Significant Specifications. Hazards Consideration Determination, Docket Nos. 50-237 and 50-249, Date of initial notice in Federal and Opportunity for A Hearing in Dresden Nuclear Power Station, Units 2 Register: January 4, 1995 (60 FR 495). connection with these actions was and 3, Grundy County, Illinois, Docket published in the Federal Register as The August 1, 1995, supplemental letter Nos. 50-254 and 50-265, Quad Cities indicated. provided clarifying information and did Nuclear Power Station, Units 1 and 2, Unless otherwise indicated, the not change the original no significant Rock Island County, Illinois Commission has determined that these hazards consideration determination. Date of application for amendments: amendments satisfy the criteria for The Commission’s related evaluation of December 8, 1992, as supplemented categorical exclusion in accordance the amendments is contained in a Safety September 10, 1993, and May 17, 1995. with 10 CFR 51.22. Therefore, pursuant Evaluation dated September 20, Brief description of amendments: This to 10 CFR 51.22(b), no environmental 1995.No significant hazards application upgrades the current custom impact statement or environmental consideration comments received: No Technical Specifications (TS) for assessment need be prepared for these Local Public Document Room Dresden and Quad Cities to the amendments. If the Commission has location: Phoenix Public Library, 1221 Standard Technical Specifications (STS) prepared an environmental assessment N. Central Avenue, Phoenix, Arizona contained in NUREG-0123, ‘‘Standard under the special circumstances 85004 Technical Specification General Electric provision in 10 CFR 51.12(b) and has Plants BWR/4.’’ This application made a determination based on that upgrades only Section 3/4.1 (Reactor assessment, it is so indicated. Protection System). Date of issuance: Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52939
September 20, 1995Effective date: Commonwealth Edison Company, Facility Operating License Nos. NPF- Immediately, to be implemented no Docket Nos. 50-373 and 50-374, LaSalle 35 and NPF-52: Amendments revised later than December 31, 1995, for County Station, Units 1 and 2, LaSalle the Technical Specifications. Dresden Station and June 30, 1996, for County, Illinois Date of initial notice in Federal Quad Cities Station. Date of application for amendments: Register: July 21, 1993 (58 FR 39048) Amendment Nos.: 139, 133, 161, and April 11, 1995 and ReNoticed August 16, 1995 (60 FR 157 Brief description of amendments: The 42601) The Commission’s related Facility Operating License Nos. DPR- amendments allow a one-time extension evaluation of the amendments is 19, DPR-25, DPR-29 and DPR-30. The of specific LaSalle, Units 1 and 2, 18- contained in a Safety Evaluation dated amendments revised the Technical month Technical Specification September 18, 1995. No significant Specifications. Surveillance Requirements to allow hazards consideration comments Date of initial notice in Federal surveillance testing to coincide with the received: No Register: June 6, 1995 (60 FR 29872) LaSalle, Unit 1, seventh refueling outage Local Public Document Room The Commission’s related evaluation of (L1R07). The shutdown for L1R07 has location: York County Library, 138 East the amendments is contained in a Safety been rescheduled from September 1995 Black Street, Rock Hill, South Carolina Evaluation dated September 20, 1995. until early 1996. The proposed 29730 No significant hazards consideration extensions apply to calibrations and Duquesne Light Company, et al., Docket comments received: No functional testing of isolation actuation No. 50-334, Beaver Valley Power Local Public Document Room instrumentation, emergency core Station, Unit No. 1, Shippingport, location: for Dresden, Morris Area cooling system actuation Pennsylvania Public Library District, 604 Liberty instrumentation, and recirculation Street, Morris, Illinois 60450; for Quad pump trip actuation instrumentation; Date of application for amendment: Cities, Dixon Public Library, 221 leakage testing of reactor coolant system July 11, 1995 Hennepin Avenue, Dixon, Illinois 61021 isolation valves; inspection of fire-rated Brief description of amendment: This amendment revised the required area of Commonwealth Edison Company, seals; functional testing of mechanical snubbers; inspections of emergency the reactor coolant system overpressure Docket Nos. 50-237 and 50-249, protection system vent from 3.14 square Dresden Nuclear Power Station, Units 2 diesel generators; and testing of batteries, battery chargers, and other inches to 2.07 square inches which is and 3, Grundy County, Illinois Docket equal to the relief area of a single power- Nos. 50-254 and 50-265, Quad Cities electrical components. Date of issuance: September 27, 1995 operated relief valve. Nuclear Power Station, Units 1 and 2, Date of issuance: September 26, 1995 Rock Island County, Illinois Effective date: Immediately, to be implemented within 30 days. Effective date: As of the date of Date of application for amendments: Amendment Nos.: 106 and 92 issuance, to be implemented within 60 September 17, 1993, as supplemented Facility Operating License Nos. NPF- days. June 30, 1995. 11 and NPF-18: The amendments Amendment No.: 193 Brief description of amendments: This revised the Facility Operating Licenses. Facility Operating License No. DPR- application upgrades the current custom Date of initial notice in Federal 66. Amendment revised the Technical Technical Specifications (TS) for Register: July 5, 1995 (60 FR 35066) The Specifications. Dresden and Quad Cities to the Commission’s related evaluation of the Date of initial notice in Federal Standard Technical Specifications (STS) amendments is contained in a Safety Register: August 16, 1995 (60 FR 42603) contained in NUREG-0123, ‘‘Standard Evaluation dated September 27, 1995. The Commission’s related evaluation of Technical Specification General Electric No significant hazards consideration the amendment is contained in a Safety Plants BWR/4.’’ This application comments received: No Evaluation dated September 26, 1995. upgrades only Section 3/4.6. Local Public Document Room No significant hazards consideration Date of issuance: September 21, 1995 location: Jacobs Memorial Library, comments received: No Effective date: Immediately, to be Illinois Valley Community College, Local Public Document Room implemented no later than December Oglesby, Illinois 61348. location: B. F. Jones Memorial Library, 31, 1995, for Dresden Station and June 663 Franklin Avenue, Aliquippa, 30, 1996, for Quad Cities Station. Duke Power Company, et al., Docket Pennsylvania 15001 Amendment Nos.: 140, 134, 162, and Nos. 50-413 and 50-414, Catawba 158 Nuclear Station, Units 1 and 2, York Duquesne Light Company, et al., Docket No. 50-412, Beaver Valley Facility Operating License Nos. DPR- County, South Carolina PowerStation, Unit 2, Shippingport, 19, DPR-25, DPR-29 and DPR-30. The Date of application for amendments: Pennsylvania amendments revised the Technical June 17, 1993, as supplemented July 5, Specifications. 1995 Date of application for amendment: Date of initial notice in Federal Brief description of amendments: The July 24, 1995 Register: July 19, 1995 (60 FR 37087) amendments revise Technical Brief description of amendment: This The Commission’s related evaluation of Specification Section 5.3.1 ‘‘Fuel amendment revises TS 3/4.4.11, ‘‘Relief the amendments is contained in a Safety Assemblies’’ in accordance with Generic Valves,’’ and associated Bases to make Evaluation dated September 21, 1995. Letter 90-02, Supplement 1, Unit 2 TS 3/4.4.11 consistent with Unit No significant hazards consideration ‘‘Alternative Requirements For Fuel 1 TS 3/4.4.11 which was revised by Unit comments received: No Assemblies in The Design Features 1 License Amendment No. 187 issued Local Public Document Room Section of Technical Specifications.’’ on May 15, 1995. The amendment location: for Dresden, Morris Area Date of issuance: September 18, 1995 generally reflects the guidance provided Public Library District, 604 Liberty Effective date: As of the date of in NRC Generic Letter 90-06 and in the Street, Morris, Illinois 60450; for Quad issuance to be implemented within 30 NRC’s Improved Standard Technical Cities, Dixon Public Library, 221 days from the date of issuance Specifications (NUREG-1431). Hennepin Avenue, Dixon, Illinois 61021 Amendment Nos.: 135 and 129 Date of issuance: September 18, 1995 52940 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
Effective date: As of the date of Local Public Document Room Entergy Operations, Inc., Docket No. issuance, to be implemented within 60 location: Tomlinson Library, Arkansas 50-368, Arkansas Nuclear One, Unit days. Tech University, Russellville, AR 72801 No. 2, Pope County, Arkansas Amendment No.: 76 Facility Operating License No. NPF- Entergy Operations, Inc., Docket No. Date of application for amendment: 73: Amendment revised the Technical 50-368, Arkansas Nuclear One, Unit May 19, 1995 as supplemented July 21, Specifications. No. 2, Pope County, Arkansas 1995. Date of initial notice in Federal Date of application for amendment: Brief description of amendment: The Register: August 16, 1995 (60 FR 42604) March 17, 1995 amendment revises the specifications to The Commission’s related evaluation of Brief description of amendment: The permit the containment personnel the amendment is contained in a Safety amendment transfers requirements for airlock doors to remain open during fuel Evaluation dated September 18, 1995. cycle specific core operating limits from handling. No significant hazards consideration the Technical Specifications to the Core Date of issuance: September 28, 1995 comments received: No Operating Limits Report. Additionally, a Effective date: September 28, 1995 Local Public Document Room reference to a statistical methodology for location: B. F. Jones Memorial Library, Amendment No.: 166 determining uncertainties is being 663 Franklin Avenue, Aliquippa, changed to reference a methodology that Facility Operating License No. NPF-6. Pennsylvania 15001 was recently approved by the NRC. Amendment revised the Technical Specifications. Entergy Operations, Inc., Docket No. Date of issuance: September 19, 1995 Date of initial notice in Federal 50-368, Arkansas Nuclear One, Unit Effective date: September 19, 1995 No. 2, Pope County, Arkansas Register: August 2, 1995 (60 FR 39437) Amendment No.: 164 The July 22, 1995, supplement provided Date of application for amendment: Facility Operating License No. NPF-6. clarifying information and did not March 17, 1995 Amendment revised the Technical change the original no significant Brief description of amendment: The Specifications. hazards consideration determination. amendment revises requirements Date of initial notice in Federal The Commission’s related evaluation of associated with the frequency of the amendment is contained in a Safety containment post-entry visual Register: July 19, 1995 (60 FR 37088) The Commission’s related evaluation of Evaluation dated September 28, 1995. inspections. No significant hazards consideration Date of issuance: September 15, 1995 the amendment is contained in a Safety comments received: No Effective date: September 15, 1995 Evaluation dated September 19, 1995. Amendment No.: 162 No significant hazards consideration Local Public Document Room Facility Operating License No. NPF-6. comments received: No location: Tomlinson Library, Arkansas Amendment revised the Technical Local Public Document Room Tech University, Russellville, AR 72801 Specifications. location: Tomlinson Library, Arkansas Entergy Operations, Inc., Docket No. Date of initial notice in Federal Tech University, Russellville, AR 72801 50-368, Arkansas Nuclear One, Unit Register: July 19, 1995 (60 FR 37089) No. 2, Pope County, Arkansas The Commission’s related evaluation of Entergy Operations, Inc., Docket No. the amendment is contained in a Safety 50-368, Arkansas Nuclear One, Unit Date of application for amendment: Evaluation dated September 15, 1995. No. 2, Pope County, Arkansas April 4, 1995, as No significant hazards consideration Date of application for amendment: supplementedSeptember 28, 1995 comments received: No April 4, 1995, as supplemented August Brief description of amendment: The Local Public Document Room 25, 1995 amendment removes the requirement to location: Tomlinson Library, Arkansas Brief description of amendment: The maintain water level 23 feet above Tech University, Russellville, AR 72801 amendment provides a one-time irradiated fuel assemblies in the reactor Entergy Operations, Inc., Docket No. extension of the reactor coolant pump while latching and unlatching control 50-368, Arkansas Nuclear One, Unit flywheel inservice inspection. element assemblies. No. 2, Pope County, Arkansas Date of issuance: September 22, 1995 Date of issuance: September 28, 1995 Date of application for amendment: Effective date: September 22, 1995 Effective date: September 28, 1995 October 27, 1993 Amendment No.: 165 Amendment No.: 167 Brief description of amendment: The Facility Operating License No. NPF-6. Facility Operating License No. NPF-6. amendment relocated reactor incore Amendment revised the Technical Amendment revised the Technical detector requirements from the TSs to Specifications. Specifications. the safety analysis report. Date of issuance: September 15, 1995 Date of initial notice in Federal Date of initial notice in Federal Effective date: September 15, 1995 Register: July 5, 1995 (60 FR 35069) The Register: August 16, 1995 (60 FR 42604) Amendment No.: 163 August 25, 1995, submittal did not The September 28, 1995, submittal Facility Operating License No. NPF-6. change the original no significant provided clarifying information and did Amendment revised the Technical hazards consideration not change the original no significant Specifications. determination.The Commission’s hazards consideration determination. Date of initial notice in Federal related evaluation of the amendment is The Commission’s related evaluation of Register: December 8, 1993 (58 FR contained in a Safety Evaluation dated the amendment is contained in a Safety 64606) The Commission’s related September 22, 1995. No significant Evaluation dated September 28, 1995. evaluation of the amendment is hazards consideration comments No significant hazards consideration contained in a Safety Evaluation dated received: No comments received: No. September 15, 1995. No significant Local Public Document Room Local Public Document Room hazards consideration comments location: Tomlinson Library, Arkansas location: Tomlinson Library, Arkansas received: No Tech University, Russellville, AR 72801 Tech University, Russellville, AR 72801 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52941
Entergy Operations, Inc., Docket No. Section, State Library of Pennsylvania, Date of initial notice in Federal 50-382, Waterford Steam Electric (REGIONAL DEPOSITORY) Walnut Register: August 16, 1995 (60 FR 42606) Station, Unit 3, St. Charles Parish, Street and Commonwealth Avenue, Box The Commission’s related evaluation of Louisiana 1601, Harrisburg, PA 17105 the amendment is contained in a Safety Evaluation dated September 20, 1995. Date of amendment request: June 22, Illinois Power Company and Soyland No significant hazards consideration 1994, as supplemented by letters dated Power Cooperative, Inc., Docket No. 50- comments received: No June 28, 1995 and August 22, 1995 461, Clinton Power Station, Unit No. 1, Local Public Document Room Brief description of amendment: The DeWitt County, Illinois amendment changes the Appendix A location: White Plains Public Library, Date of application for amendment: TSs by increasing the control room 100 Martine Avenue, White Plains, New June 9, 1995 York 10610 radiation monitor setpoint (CRRMS) to a Brief description of amendment: The fixed value of 5.45E-6 micro curies per amendment modifies Technical Public Service Electric & Gas Company, cubic centimeters instead of being set at Specification 4.1, ‘‘Site Location,’’ to Docket No. 50-354, Hope Creek two times the background. incorporate a description of the Generating Station, Salem County, New Date of issuance: September 27, 1995 exclusion area boundary. The change is Jersey Effective date: Septembe 27, 1995 necessary to ensure the content of the Date of application for amendment: Amendment No.: 114 technical specifications conform to April 25, 1994 Facility Operating License No. NPF- Section 182 of the Atomic Energy Act of Brief description of amendment: This 38. Amendment revised the Technical 1954. amendment revises TS Section 3.8.1.1, Specifications. Date of issuance: September 14, 1995 ‘‘A.C. Sources - Operating,’’ TS Section Date of initial notice in Federal Effective date: September 14, 1995 3.8.1.2, ‘‘A.C. Sources - Shutdown,’’ and Register: August 3, 1994 (59 FR 39586) Amendment No.: 101 associated Bases, to increase the The June 28, 1995 and August 22, 1995, Facility Operating License No. NPF- required quantity of fuel in the letters provided clarifying information 62: The amendment revised the Emergency Diesel Generator Fuel Oil that did not change the originial Technical Specifications. Day Tanks from 200 to 360 gallons. proposed no significant hazards Date of initial notice in Federal Date of issuance: September 15, 1995 consideration determination. The Register: July 19, 1995 (60 FR 37093) Effective date: As of the date of Commission’s related evaluation of the The Commission’s related evaluation of issuance and shall be implemented amendment is contained in a Safety the amendment is contained in a Safety within 60 days. Evaluation dated September 27, 1995. Evaluation dated September 14, 1995. Amendment No.: 79 No significant hazards consideration No significant hazards consideration Facility Operating License No. NPF- comments received: No comments received: No 57: This amendment revised the Local Public Document Room Local Public Document Room Technical Specifications. location: University of New Orleans location: The Vespasian Warner Public Date of initial notice in Federal Library, Louisiana Collection, Lakefront, Library, 120 West Johnson Street, Register: June 8, 1994 (59 FR 29632)The New Orleans, LA 70122 Clinton, Illinois 61727 Commission’s related evaluation of the amendment is contained in a Safety GPU Nuclear Corporation, et al., Power Authority of The State of New Evaluation dated September 15, 1995. Docket No. 50-289, Three Mile Island York, Docket No. 50-286, Indian Point No significant hazards consideration Nuclear Station, Unit No. 1, Dauphin Nuclear Generating Unit No. 3, comments received: No County, Pennsylvania Westchester County, New York Local Public Document Room Date of application for amendment: Date of application for amendment: location: Pennsville Public Library, 190 August 11, 1995 July 21, 1995 S. Broadway, Pennsville, New Jersey Brief description of amendment: The Brief description of amendment: The 08070 amendment removes the Technical amendment revised Technical Specifications for the Makeup, Specifications Section 6.0 Public Service Electric & Gas Company, Purification, and Chemical Addition (Administrative Controls) to replace the Docket No. 50-354, Hope Creek Systems from the Technical title-specific list of members on the Generating Station, Salem County, New Specifications (Section 3.2) and Plant Operating Review Committee Jersey relocates the pertinent design (PORC) with a more general statement of Date of application for amendment: information, including tank volume and membership requirements. The scope of January 20, 1995 boron concentrations, to the TMI-1 disciplines represented on the PORC Brief description of amendment: This Updated Final Safety Analysis Report. was also expanded to include nuclear amendment changes Technical Date of issuance: September 19, 1995 licensing and quality assurance. The Specification (TS) 4.1.3.1.2.b, ‘‘Control Effective date: September 19, 1995 amendment also changed the title Rods - Surveillance Requirement’’ to Amendment No.: 196 ‘‘Resident Manager’’ to ‘‘Site Executive change the required action to be taken Facility Operating License No. DPR- Officer.’’ This title change was an when a control rod becomes immovable 50. Amendment revised the Technical administrative change that did not affect due to excessive friction from ‘‘at least Specifications. the reporting relationship, authority, or once per’’ 24 hours to ‘‘within’’ 24 Date of initial notice in Federal responsibility of the position. hours. Register: August 18, 1995 (60 FR 43172) Date of issuance: September 20, 1995 Date of issuance: September 20, 1995 The Commission’s related evaluation of Effective date: As of the date of Effective date: As of its date of this amendment is contained in a Safety issuance to be implemented within 30 issuance, to be implemented within 60 Evaluation dated September 19, 1995. days. days. No significant hazards consideration Amendment No.: 163 Amendment No.: 80 comments received: No Facility Operating License No. DPR- Facility Operating License No. NPF- Local Public Document Room 64: Amendment revised the Technical 57: This amendment revised the location: Law/Government Publications Specifications. Technical Specifications. 52942 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
Date of initial notice in Federal Effective date: As of the date of Effective date: Both units, as of the Register: August 2, 1995 (60 FR 39452) issuance, to be implemented within 60 day of issuance and shall be The Commission’s related evaluation of days. implemented within 60 days. the amendment is contained in a Safety Amendment No.: 82 Amendment Nos.: 177 and 158 Evaluation dated September 20, 1995. Facility Operating License No. NPF- Facility Operating License Nos. DPR- No significant hazards consideration 57: This amendment revised the 70 and DPR-75. The amendments comments received: No Technical Specifications. revised the Technical Specifications. Local Public Document Room Date of initial notice in Federal Date of initial notice in Federal location: Pennsville Public Library, 190 Register: August 2, 1995 (60 FR 39449). Register: April 28, 1994 (58 FR 22012) S. Broadway, Pennsville, New Jersey The Commission’s related evaluation of The June 28 and September 13, 1994, 08070 the amendment is contained in a Safety and April 4, 1995 letters provided Evaluation dated September 25, 1995. clarifying information that did not Public Service Electric & Gas Company, No significant hazards consideration change the scope of the January 21, 1994 Docket No. 50-354, Hope Creek comments received: No application and initial proposed no Generating Station, Salem County, New significant hazards consideration Local Public Document Room Jersey determination, nor go beyond the scope location: Pennsville Public Library, 190 of the Federal Register notice. The Date of application for amendment: S. Broadway, Pennsville, New Jersey Commission’s related evaluation of the January 11, 1995 08070 Brief description of amendment: This amendments is contained in a Safety amendment changes Technical Public Service Electric & Gas Company, Evaluation dated September 19, 1995. Specification (TS) 3/4.3.8, ‘‘Turbine Docket Nos. 50-272 and 50-311, Salem No significant hazards consideration Overspeed Protection System,’’ Nuclear Generating Station, Unit Nos. 1 comments received: No Local Public Document Room removing these requirements from the and 2, Salem County, New Jersey location: Salem Free Public Library, 112 TS and relocating the Bases to the Hope Date of application for amendments: West Broadway, Salem, New Jersey Creek Updated Final Safety Analysis September 20, 1994 08079 Report (UFSAR) and the Surveillance Brief description of amendments: The Requirements to the applicable amendments change the Channel South Carolina Electric & Gas surveillance procedures. The Limiting Functional Test surveillance frequency Company, South Carolina Public Conditions for Operation (LCOs) are for the Manual Reactor Trip Switches Service Authority, Docket No. 50-395, eliminated. and Reactor Trip Breakers (RTB) and Virgil C. Summer Nuclear Station, Unit Date of issuance: September 25, 1995 relocate the RTB maintenance No. 1, Fairfield County, South Carolina Effective date: As of the date of requirements from the Technical Date of application for amendment: issuance and shall be implemented Specifications to the Salem Updated June 19, 1995, as supplemented on within 60 days. Final Safety Analysis Report. August 21, 1995. Amendment No.: 81 Date of issuance: September 18, 1995 Brief description of amendment: The Facility Operating License No. NPF- Effective date: Both units, as of the amendment revises the Technical 57: This amendment revised the date of issuance, to be implemented Specifications to change the required Technical Specifications. within 60 days. test frequency for the reactor building Date of initial notice in Federal Amendment Nos.: 176 and 157 spray nozzle flow test from once per five Register: August 2, 1995 (60 FR 39451). Facility Operating License Nos. DPR- years to once per ten years. The Commission’s related evaluation of 70 and DPR-75. The amendments Date of issuance: September 18, 1995 the amendment is contained in a Safety revised the Technical Specifications. Effective date: September 18, 1995 Evaluation dated September 25, 1995. Date of initial notice in Federal Amendment No.: 127 Facility Operating License No. NPF- No significant hazards consideration Register: November 9, 1994 (59 FR 12: Amendment revises the Technical comments received: No 55890 The Commission’s related Specifications. Local Public Document Room evaluation of the amendments is Date of initial notice in Federal location: Pennsville Public Library, 190 contained in a Safety Evaluation dated Register: July 19, 1995 (60 FR 37100). S. Broadway, Pennsville, New Jersey September 18, 1995. No significant The August 21, 1995 letter provided 08070 hazards consideration comments supplemental information that did not received: No Public Service Electric & Gas Company, change the initial proposed no Local Public Document Room Docket No. 50-354, Hope Creek significant hazards consideration. The location: Salem Free Public Library, 112 Generating Station, Salem County, New Commission’s related evaluation of the West Broadway, Salem, New Jersey Jersey amendment is contained in a Safety 08079 Evaluation dated September 18, 1995. Date of application for amendment: No significant hazards consideration September 29, 1994 Public Service Electric & Gas Company, Docket Nos. 50-272 and 50-311, Salem comments received: No Brief description of amendment: This Local Public Document Room amendment changes Technical Nuclear Generating Station, Unit Nos. 1 and 2, Salem County, New Jersey location: Fairfield County Library, 300 Specification (TS) Sections 3/4.3.7.2, Washington Street, Winnsboro, SC ‘‘Seismic Monitoring Instrumentation,’’ Date of application for amendments: 29180 and 3/4.3.7.3, ‘‘Meteorological January 21, 1994, as supplemented June Instrumentation,’’ to remove the 28 and September 13, 1994, and April South Carolina Electric & Gas requirements from the TS and relocate 4, 1995. Company, South Carolina Public the appropriate descriptive information Brief description of amendments: Service Authority, Docket No. 50-395, and testing requirements to the Hope Revised Technical Specifications Virgil C. Summer Nuclear Station, Unit Creek Updated Final Safety Analysis 3.8.2.3, ‘‘125-Volt D.C. DISTRIBUTION - No. 1, Fairfield County, South Carolina Report. OPERATING.’’ Date of application for amendment: Date of issuance: September 25, 1995 Date of issuance: September 19, 1995 July 28, 1995 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52943
Brief description of amendment: The The Cleveland Electric Illuminating The Commission’s related evaluation of amendment revises the Technical Company, Centerior Service Company, the amendment is contained in a Safety Specifications to exclude the Duquesne Light Company, Ohio Edison Evaluation dated September 26, 1995. requirement to perform the slave relay Company, Pennsylvania Power No significant hazards consideration test of the 36-inch containment purge Company, Toledo Edison Company, comments received: No supply and exhaust valves on a Docket No. 50-440, Perry Nuclear Local Public Document Room quarterly basis while the plant is in Power Plant, Unit No. 1, Lake County, location: Perry Public Library, 3753 Modes 1, 2, 3, or 4. Ohio Main Street, Perry, Ohio 44081 Date of issuance: September 18, 1995 Date of application for amendment: Washington Public Power Supply April 3, 1995 Effective date: September 18, 1995 System, Docket No. 50-397, Nuclear Brief description of amendment: The Project No. 2, Benton County, Amendment No.: 128 amendment revised the Technical Washington Specifications (TS) to relocate Facility Operating License No. NPF- Date of application for amendment: radiological effluent and radiological 12. Amendment revises the Technical January 14, 1992, as supplemented by environmental monitoring TS to the Specifications. letters dated February 10, 1995, and Offsite Dose Calculation Manual or to August 16, 1995. Date of initial notice in Federal the Process Control Program. Brief description of amendment: The Register: August 16, 1995 (60 FR 42608) Programmatic controls for radioactive amendment revises technical The Commission’s related evaluation of effluent and radiological environmental specification surveillance requirements the amendment is contained in a Safety monitoring were included in TS 6.8.4. regarding demonstration of jet pump Evaluation dated September 18, 1995. Date of issuance: September 15, 1995 operability and corrects several No significant hazards consideration Effective date: September 15, 1995 administrative discrepancies. comments received: No Amendment No.: 72 Facility Operating License No. NPF- Date of issuance: September 18, 1995 Local Public Document Room Effective date: September 18, 1995, to location: Fairfield County Library, 300 58: This amendment revised the Technical Specifications. be implemented within 30 days of Washington Street, Winnsboro, SC issuance 29180 Date of initial notice in Federal Register: May 10, 1995 (60 FR 24921) Amendment No.: 141 South Carolina Electric & Gas The Commission’s related evaluation of Facility Operating License No. NPF- Company, South Carolina Public the amendment is contained in a Safety 21: The amendment revised the Service Authority, Docket No. 50-395, Evaluation dated September 15, 1995. Technical Specifications. Virgil C. Summer Nuclear Station, Unit No significant hazards consideration Date of initial notice in Federal Register: May 27, 1992 (57 FR 22272) No. 1, Fairfield County, South Carolina comments received: No Local Public Document Room and March 29, 1995 (60 FR 16204). The Date of application for amendment: location: Perry Public Library, 3753 August 16, 1995, supplemental letter June 19, 1995, as supplemented on Main Street, Perry, Ohio 44081 provided additional clarifying August 21, 1995. information and did not change the The Cleveland Electric Illuminating initial no significant hazards Brief description of amendment: The Company, Centerior Service Company, consideration determination. The amendment revises the Technical Duquesne Light Company, Ohio Edison Commission’s related evaluation of the Specifications to change the required Company, Pennsylvania Power amendment is contained in a Safety test frequency for the reactor building Company, Toledo Edison Company, Evaluation dated September 18, spray nozzle flow test from once per five Docket No. 50-440, Perry Nuclear 1995.No significant hazards years to once per ten years. Power Plant, Unit No. 1, Lake County, consideration comments received: No Date of issuance: September 18, 1995 Ohio Local Public Document Room Effective date: September 18, 1995 Date of application for amendment: location: Richland Public Library, 955 Northgate Street, Richland, Washington Amendment No.: 129 June 1, 1995 Brief description of amendment: The 99352 Facility Operating License No. NPF- amendment revised the Technical Dated at Rockville, Maryland, this 3rd day 12. Amendment revises the Technical of October 1995. Specifications to make them more For the Nuclear Regulatory Commission Specifications. restrictive regarding control rod drive Elinor G. Adensam, Date of initial notice in Federal scram time testing. CRD scram time testing would be required following Deputy Director, Division of Reactor Projects Register: July 19, 1995 (60 FR 37100). - III/IV, Office of Nuclear Reactor Regulation The August 21, 1995 letter provided maintenance prior to considering the CRD operable, and could be performed [Doc. 95–25006 Filed 10–10–95; 8:45 am] supplemental information that did not BILLING CODE 7590±01±F change the initial proposed no at any reactor pressure. Additional significant hazards consideration. The testing would be required when reactor Commission’s related evaluation of the coolant pressure is greater than or equal [Docket No. 50±251] to 950 psig and prior to 40 percent rated amendment is contained in a Safety thermal power. Florida Power and Light Company Evaluation dated September 18, 1995. Date of issuance: September 26, 1995 (Turkey Point Unit 4); Exemption No significant hazards consideration Effective date: September 26, 1995 comments received: No Amendment No. 73 I Local Public Document Room Facility Operating License No. NPF- Florida Power and Light Company location: Fairfield County Library, 300 58: This amendment revised the (the licensee) is the holder of Facility Washington Street, Winnsboro, SC Technical Specifications. Operating License No. DPR–41, which 29180 Date of initial notice in Federal authorizes operation of Turkey Point Register: August 2, 1995 (60 FR 39452) Unit 4 (the facility), at a steady-state 52944 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices reactor power level not in excess of requirement to perform Type A The Nuclear Management and 2200 megawatts thermal. The facility is containment leak rate tests at intervals Resources Council (NUMARC), now the a pressurized water reactor located at during the 10-year service period is to Nuclear Energy Institute (NEI), collected the licensee’s site in Dade County, ensure that any potential leakage and provided the NRC staff with Florida. The license provides among pathways through the containment summaries of data to assist in the other things, that it is subject to all boundary are identified within a time Appendix J rulemaking effort. NUMARC rules, regulations, and Orders of the span that prevents significant collected results of 144 ILRTs from 33 U.S. Nuclear Regulatory Commission degradation from continuing or units; 23 ILRTs exceeded 1.0La. Of (the Commission or NRC) now or becoming unknown. these, only nine were not due to Type hereafter in effect. The NRC staff has reviewed the basis B or C leakage penalties. The NEI data II and supporting information provided by also added another perspective. The NEI the licensee in the exemption request. It data show that in about one-third of the Section III.D.1.(a) of Appendix J to 10 has been the experience at Turkey Point cases exceeding allowable leakage, the CFR Part 50 requires the performance of Unit 4 during the Type A tests three Type A containment integrated as-found leakage was less than 2La; in conducted from 1982 to date, that the one case the leakage was found to be leakage rate tests (ILRTs) of the primary Type A tests have demonstrated that the approximately 2La; in one case the as- containment, at approximately equal reactor containment buildings have found leakage was less than 3La; one intervals during each 10-year service acceptable leak rates that are far below period. case approached 10La; and in one case the leak rates assumed in the site’s the leakage was found to be III offsite dose calculation and the ILRT approximately 21L . For about half of acceptance criteria. The licensee has a By letter dated August 8, 1995, and the failed ILRTs the as-found leakage reported that the test results are revised by letter dated September 6, was not quantified. These data show approximately one-third to one-fourth of 1995, the licensee requested an that, for those ILRTs for which the the leakage assumed in offsite dose rate exemption from the requirements leakage was quantified, the leakage calculations (0.25%) and approximately pertaining to the Type A testing interval values are small in comparison to the one-half to one-third of the acceptance required by 10 CFR 50 Appendix J. This leakage value at which the risk to the criteria for the ILRT (0.1875%). The leak section requires the performance of public starts to increase over the value rate data from these tests do not show three Type A tests of the primary an increasing trend, indicating that the of risk corresponding to La containment at approximately equal containment liner and isolation system (approximately 200La, as discussed in intervals during each 10-year service are stable and supporting the conclusion NUREG–1493). Therefore, based on period. The requested exemption would that a one-time scheduler exemption those considerations, it is unlikely that permit a one-time interval extension of will not reduce the current level of an extension of one cycle for the the Type A test by one refueling outage safety. performance of the Appendix J, Type A (from the March 1996 refueling outage, test at Turkey Point Unit 4 would result to the October 1997 refueling outage). The licensee will perform the general containment inspection although it is in significant degradation of the overall The licensee’s request cites the containment integrity. As a result, the special circumstances of 10 CFR 50.12, only required by Appendix J (Section V.A.) to be performed in conjunction application of the regulation in these paragraph (a)(2)(ii) as the basis for the particular circumstances is not needed exemption. The licensee points out that with Type A tests. The NRC staff considers that these inspections, though to achieve the underlying purpose of the the existing Type B and C testing rule. programs are not being modified by this limited in scope, provide an important request and allowing a one-time added level of confidence in the Based on generic and plant-specific scheduler exemption will not reduce the continued integrity of the containment data, the NRC staff finds the basis for current level of safety since the Type A boundary. the licensee’s proposed exemption to test frequency does not alter the The NRC staff has also made use of a allow a one-time exemption to permit a containment leak rates. draft staff report, NUREG–1493, which schedular extension of one cycle for the provides the technical justification for performance of the Appendix J Type A IV the present Appendix J rulemaking test, provided that the general In the licensee’s August 8, 1995, as effort which also includes a 10-year test containment inspection is performed, to revised by letter dated September 6, interval for Type A tests. The integrated be acceptable. leakage rate test, or Type A test, 1995, exemption request, the licensee Pursuant to 10 CFR 51.32, the measures overall containment leakage. stated that special circumstance Commission has determined that However, operating experience with all 50.12(a)(2)(ii) is applicable to this granting this Exemption will not have a types of containments used in this situation, i.e., that application of the significant impact on the environment regulation is not necessary to achieve country demonstrates that essentially all (60 FR 49926). the underlying purpose of the rule. containment leakage can be detected by Appendix J states that the leakage test local leakage rate tests (Type B and C). This Exemption is effective upon requirements provide for periodic According to results given in NUREG– issuance and shall expire at the verification by tests of the leak tight 1493, out of 180 ILRT reports covering completion of the 1997 refueling outage. integrity of the primary reactor 110 individual reactors and Dated at Rockville, Maryland, this 27th day containment. Appendix J further states approximately 770 years of operating of September 1995. that the purpose of the tests ‘‘is to assure history, only 5 ILRT failures were found For the Nuclear Regulatory Commission. that leakage through the primary reactor which local leakage rate testing could containment shall not exceed the not detect. This is 3% of all failures. Steven A. Varga, allowable leakage rate values as This study agrees well with previous Director, Division of Reactor Projects—I/II, specified in the Technical NRC staff studies which show that Type Office of Nuclear Reactor Regulation. Specifications or associated bases.’’ B and C testing can detect a very large [FR Doc. 95–25148 Filed 10–10–95; 8:45 am] Thus, the underlying purpose of the percentage of containment leaks. BILLING CODE 7590±01±P Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52945
[Docket No. 50±298] ACTION: Notice of Application for an Applicants’ Representation Order under the Investment Company 1. Alexander Hamilton is a stock life Nebraska Public Power District, Act of 1940 (‘‘1940 Act’’). Cooper Nuclear Station Notice of insurance company licensed to do Withdrawal of Application for APPLICANTS: Alexander Hamilton Life business in Canada, the District of Amendment to Facility Operating Insurance Company of America Columbia and all states except New License (‘‘Alexander Hamilton’’), Alexander York. Alexander Hamilton is a wholly- Hamilton Variable Annuity Separate owned subsidiary of Household Group, The U.S. Nuclear Regulatory Account (‘‘Separate Account’’), and Inc., which is an indirect wholly-owned Commission (the Commission) has FMG Distributors, Inc. (‘‘FMG’’). subsidiary of Household International, Inc., a diversified financial services granted the request of the Nebraska RELEVANT 1940 ACT SECTION: Order Public Power District, (the licensee) to requested under Section 6(c) of the 1940 holding company. 2. Alexander Hamilton established the withdraw its August 31, 1993, Act granting exemptions from Sections Separate Account under the laws of application for proposed amendment to 26(a)(2) and 27(c)(2) thereof. Facility Operating License No. DPR–46 Michigan. A registration statement to SUMMARY OF APPLICATION: Applicants for the Cooper Nuclear Station, located register the Separate Account under the seek an order permitting the deduction in Nemaha County, Nebraska. 1940 Act as a unit investment trust has of mortality and expense risk charges been filed with the Commission (File The proposed amendment would from the assets of the Separate Account have modified the facility technical No. 33–75714).1 in connection with the offering of a The Separate Account presently has specifications pertaining to the standby variable annuity contract (‘‘Contract’’). gas treatment system, secondary nine sub-accounts (‘‘Sub-Accounts’’) Exemptions also are requested for any investing exclusively in shares of a containment, and primary containment broker-dealers who may, in the future, isolation valves. corresponding portfolio of: (a) act as principal underwriters of the Alexander Hamilton Variable Insurance The Commission had previously Contract. issued a Notice of Consideration of Trust (‘‘Trust’’); and (b) the Prime FILING DATE: The application was filed Issuance of Amendment published in Money Fund (‘‘Prime Fund’’), part of on March 10, 1994 and declared the Federal Register on October 13, Federated Investors Insurance inactive on May 1, 1995. The 1993 (58 FR 52988). Subsequently, the Management Series (‘‘Federated’’), application was amended and licensee informed the staff that the which is a management investment reactivated on May 8, 1995, and further amendment is no longer required. Thus, company. (The Trust and Prime Fund amended on September 7, 1995. the amendment application is together referred to as ‘‘Funds.’’) Other HEARING OR NOTIFICATION OF HEARING: considered to be withdrawn by the An sub-accounts may be established in the licensee. order granting the application will be future to invest in other portfolios of the For further details with respect to this issued unless the Commission orders a Funds or in portfolios of other affiliated hearing. Interested persons may request action, see (1) the application for or unaffiliated investment companies or a hearing by writing to the Secretary of amendment dated August 31, 1993, and unit investment trusts. the Commission and serving Applicants 3. FMG will serve as distributor and (2) the staff’s letters dated September 19, with a copy of the request, personally or principal underwriter of the Contract. 1995, and October 2, 1995. by mail. Hearing requests should be FMG is not otherwise affiliated with the The above documents are available for received by the Commission by 5:30 other Applicants. FMG is registered public inspection at the Commission’s p.m. on October 30, 1995, and should be under the Securities Exchange Act of Public Document Room, the Gelman accompanied by proof of service on 1934 (‘‘1934 Act’’) as a broker-dealer Building, 2120 L Street, NW., Applicants in the form of an affidavit or, and is a member of the National Washington, DC, and at the local public for lawyers, a certificate of service. Association of Securities Dealers, Inc. document room located at the Auburn Hearing requests should state the nature (‘‘NASD’’). Other broker-dealers that are Public Library, 118 15th Street, Auburn, of the requestor’s interest, the reason for registered under the 1934 Act as broker- Nebraska 68305. the request, and the issues contested. dealers and that are members of the Dated at Rockville, Maryland, this 2nd day Persons may request notification of a NASD also may serve as distributors of October 1995. hearing by writing to the Secretary of and principal underwriters of the For the Nuclear Regulatory Commission. the Commission. Contract. James R. Hall, ADDRESSES: Secretary, Securities and 4. The Trust and Federated each are Senior Project Manager, Project Directorate Exchange Commission, 450 5th Street, registered under the 1940 Act as an IV–1, Division of Reactor Projects III/IV, Office NW., Washington, DC 20549. open-end management investment of Nuclear Reactor Regulation. Applicants, c/o Paul Shay, Esq., General company of the series type as defined by [FR Doc. 95–25147 Filed 10–10–95; 8:45 am] Counsel, Alexander Hamilton Life Rule 18f–2 under the 1940 Act. Investment options offered under the BILLING CODE 7590±01±P Insurance Company of America, 33045 Contract include eight Trust portfolios Hamilton Court, Farmington Hills, and Federated’s Prime Fund. Alexander Michigan 48334–3358. Hamilton Capital Management, Inc. and FOR FURTHER INFORMATION CONTACT: SECURITIES AND EXCHANGE Federated Advisers, each a registered Yvonne M. Hunold, Assistant Special COMMISSION investment adviser under the Counsel, or Patrice M. Pitts, Special Investment Advisers Act of 1940, are the Counsel, Office of Insurance Products [Rel. No. IC±21388; No. 812±8884] investment advisers for the Trust and (Division of Investment Management), at for the Prime Fund, respectively. A Alexander Hamilton Life Insurance (202) 942–0670. separate class of shares of beneficial Company of America, et al. SUPPLEMENTARY INFORMATION: The interest, which have been registered as following is a summary of the securities under the 1933 Act on Form October 3, 1995. application; the complete application is AGENCY: Securities and Exchange available for a fee from the Public 1 Applicants incorporate by reference the Commission (‘‘SEC’’ or ‘‘Commission’’). Reference Branch of the Commission. registration statement for the Separate Account. 52946 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
N–1A, is issued in connection with each Contract owner who dies at an age Guarantee Period.5 The MVA will never investment portfolio offered under the greater than 75 is equal to the Contract reduce Capital Development Account Contract. value on the date Alexander Hamilton Value to an amount less than amounts 5. The Contract is a flexible premium receives satisfactory proof of death, allocated to that Account accumulated deferred multi-funded variable annuity election of a payment option and return at an annual interest rate of 3%. No which can be purchased on a non-tax of a Contract. MVA will be applied during the last 30 qualified basis or in connection with 7. The following fees and charges are days of an Interest Rate Guarantee certain retirement plans that qualify for deducted under a Contract. Period. special federal tax treatment under a. Annual Administrative Charge d. Mortality and Expense Risk Charge Sections 401, 403(b), 408 or 457 of the Internal Revenue Code of 1986, as An annual charge of the lesser of $30 A daily mortality and expense risk amended. The Contract provides for a or 2% of Separate Account value is charge will be deducted at an annual minimum initial premium payment and deducted from Separate Account value rate of 1.25% (of which 0.50% is for optional subsequent premium on the first day of each Contract year allocable to mortality risks and 0.75% to payments. Under the Contract, premium and upon full surrender of a Contract, expense risks) of the value of the net payments may be allocated to: (a) The but not after the maturity date, to assets in the Separate Account. The Sub-Accounts; (b) one or more ‘‘Interest compensate Alexander Hamilton for the mortality and expense risk charge may Rate Guarantee Periods’’ of the Capital administrative services provided to be a source of profit for Alexander Developer Account; 2 or (c) a Contract owners. Alexander Hamilton Hamilton and the excess may be used combination of up to ten of these does not anticipate any profit from this for, among other things, the payment of options. The Contract value of the charge, which is guaranteed not to distribution expenses. Contract will be: (a) The sum of the increase for the duration of the Contract. This charge is imposed to compensate value of all accumulation units in the Applicants intend to rely on Rule 26a– Alexander Hamilton for bearing certain Separate Account, which will vary in 1 under the 1940 Act to deduct this mortality and expense risks under the accordance with the investment charge. Contract. Alexander Hamilton will performance of the Sub-Account(s) b. Contingent Deferred Sales Charge assume two mortality risks under the selected by the Contract owner; and (b) (‘‘CDSC’’) Contract: (a) That the annuity rates the amounts in the Capital Developer under the Contract cannot be changed to No sales charge currently is deducted the detriment of Contract owners even Account, which will be guaranteed as to from premium payments. A declining principal and interest, although a if annuitants live longer than projected; CDSC of up to 7% will be imposed as and (b) that Alexander Hamilton may be Market Value Adjustment (‘‘MVA’’) may a percentage of Contract value apply. obligated to pay a death benefit claim in withdrawn or surrendered during the excess of a Contract’s value at the time 6. The Contract also provides for: (a) first eight Contract years, or annuitized A death benefit, which is selected by the of payment. The expense risk assumed during the first Contract year, to pay by Alexander Hamilton is the risk that Contract owner or beneficiary from Contract distribution expenses. The among several payment options; and (b) its actual administration costs will CDSC as a percentage of each premium exceed the amount recovered through a periodic fixed and/or variable or other payment is determined as follows: annuity payment option plan of the administrative charges. payment offered by Alexander Hamilton Complete e. Administrative Expense Charge before the maturity date of a Contract. Surrender charge (as a % of years since the premium payment being A daily administrative charge is The death benefit for a Contract owner withdrawn) receipt of who dies at age 75 or less is equal to the premium deducted from the assets of the Separate Account at an annual rate of 0.15% to greatest of: (a) all premium payments, 7 ...... 0±1 less ‘‘adjusted partial withdrawals,’’ 3 compensate Alexander Hamilton for 7 ...... 2 certain expenses it incurs in with interest compounded at 4% per 6 ...... 3 year; (b) Contract value as of the most 5 ...... 4 administration of the Contract and the recent Contract anniversary before age 4 ...... 5 Separate Account. Applicants represent 75 that is a multiple of five Contract 3 ...... 6 that the charge will reimburse years, plus premium payments and less 2 ...... 7 Alexander Hamilton only for 1 ...... 8 administrative costs expected to be any adjusted partial withdrawals made 0 ...... 9 and above since that Contract anniversary; 4 and (c) incurred over the life of the Contract. Alexander Hamilton does not anticipate Contract value as of the date Alexander In no event will the CDSC exceed Hamilton receives satisfactory proof of any profit from this charge, which is 8.5% of total premium payments. guaranteed not to increase for the death and election of an annuity Additionally, during the first eight payment option. The death benefit for a duration of the Contract. Applicants Contract years, up to 10% Contract represent that this charge will be value surrendered or withdrawn or deducted in reliance on Rule 26a–1 2 Applicants represent that the Capital Developer annuitized during that Contract year Account option under the Contract is not being under the 1940 Act. registered under the 1933 Act in reliance upon will be exempt from any CDSC (but not Section 3(a)(8) thereof. from any MVA). f. Transfer Charge 3 The ‘‘adjusted partial withdrawal’’ for each c. Market Value Adjustment Currently, Alexander Hamilton has no partial withdrawal is the product of (a) times (b) plans to impose a transfer charge. where: (a) is the ratio of the amount of the partial An MVA may be imposed on the withdrawal to the Contract value on the date of, but However, Alexander Hamilton reserves prior to, the partial withdrawal; and (b) is the death partial withdrawal, full surrender or benefit on the date of, but prior to, the partial transfer to the Separate Account of any 5 The MVA will reflect the relationship between: withdrawal. amount from the Capital Developer (a) the Treasury Rate for the Interest Rate Guarantee 4 For purposes of (a) and (b), above, the Death Account during an Interest Rate Period; and (b) the guaranteed interest rate Benefit will be calculated as of the date of the applicable to the Interest Rate Guarantee Period owner’s death and never will be greater than 200% from which the partial withdrawal, surrender or of all premium payments, less withdrawals. transfer is made at the time of the transaction. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52947 the right to impose a $10 charge for each any payment to the depositor or Administrative Expense Charge and the transfer in excess of fifteen during any principal underwriter except a Annual Administrative Fee. 6 Contract year. reasonable fee, as the Commission may 7. Applicants represent that the prescribe, for performing bookkeeping g. Premium Taxes charge of 1.25% for mortality and and other administrative duties expense risks is within the range of A premium tax charge ranging from normally performed by the bank itself. 0% to 3.5% of premiums or Contract industry practice for comparable 4. Applicants submit that their variable annuity contracts. The value will be deducted under the request for an order is appropriate in the representation is based upon Alexander Contract if Alexander Hamilton is public interest and consistent with the Hamilton’s analysis of publicly required to pay premium taxes to protection of investors and purposes various states and local jurisdictions. fairly intended by the policy and available information about similar The deduction will be made when provisions of the 1940 Act. Applicants industry products, taking into Alexander Hamilton is required to pay further submit that the terms of the consideration such factors as current the premium tax and may be made from relief requested with respect to future charge levels, the existence of charge premium payments, upon surrender or underwriters issuing the Contract are level guarantees and guaranteed annuity at annuitization. consistent with the standards of Section rates. Alexander Hamilton will maintain h. Deductions for Other Taxes 6(c) of the 1940 Act. Applicants assert at its administrative offices, and make available to the Commission upon No charge currently is imposed for that, without the requested relief, request, a memorandum setting forth in federal, state or local income taxes Alexander Hamilton would have to detail the products analyzed in the attributable to the Separate Account, request and obtain exemptive relief for other than premium taxes. Alexander each new principal underwriter that course of, and the methodology and Hamilton may make such deductions for distributes the Contract. Applicants result of, its comparative survey. such taxes or the economic burden represent that such additional requests 8. Applicants acknowledge that, if a thereof in the future, subject to for exemptive relief would present no profit is realized from the mortality and necessary regulatory approvals. issues under the 1940 Act that have not expense risk charge under the Contract, already been addressed in this all or a portion of such profit may be i. Expenses of the Trust and Fund application. available to pay distribution expenses 5. Applicants further state that the Net assets of the Separate Account not reimbursed by the CDSC. Alexander requested relief is appropriate in the will reflect the investment advisory fee Hamilton has concluded that there is a and other expenses incurred by the public interest because it would reasonable likelihood that the proposed Trust and Funds, respectively. promote competitiveness in the variable annuity market by eliminating the need distribution financing arrangement will Applicants’ Legal Analysis for Alexander Hamilton to file benefit the Separate Account and 1. Applicants request an order under redundant exemptive applications, Contract owners. Alexander Hamilton Section 6(c) of the 1940 Act granting thereby reducing its administrative will keep at its administrative offices exemptions from Sections 26(a)(2)(C) expenses and maximizing the efficient and make available to the Commission, and 27(c)(2) thereof to permit the use of its resources. Investors would not upon request, a memorandum setting assessment of charges for mortality and receive any benefit or additional forth the basis for this representation. expense risks under the Contract. protection by requiring Alexander 9. Applicants represent that the Applicants also seek exemptive relief Hamilton to seek exemptive relief Separate Account will invest only in for broker-dealers who, in the future, repeatedly with respect to the same management investment companies may act as principal underwriters of the issues addressed in this Application. which undertake, in the event any such Contract. Applicants assert that the delay and 2. Section 6(c) of the 1940 Act company adopts a plan under Rule 12b– expense involved would impair 1 to finance distribution expenses, to authorizes the Commission to exempt Alexander Hamilton’s ability to take any person, security or transaction, or have a board of directors, a majority of effective advantage of business whom are not interested persons of any any class or classes of persons, opportunities as they arise and would such investment company, as defined in securities or transactions, from the disadvantage investors as a result of the 1940 Act, formulate and approve provisions of the 1940 Act and the rules Alexander Hamilton’s increased any plan under Rule 12b–1 under the thereunder, if and to the extent that overhead expenses. such exemption is necessary or 1940 Act to finance distribution 6. Applicants submit that the appropriate in the public interest and mortality and expense risk charges are expenses. consistent with the protection of reasonable and proper insurance investors and the purposes fairly Conclusion charges. Alexander Hamilton guarantees intended by the policy and provisions of certain risks in return for these charges. Applicants assert that for the reasons the 1940 Act. The mortality and expense risk charge is and based upon the facts set forth above, 3. Sections 26(a)(2)(C) and 27(c)(2) of a reasonable charge to compensate the requested exemptions from Sections the 1940 Act, in relevant part, prohibit Alexander Hamilton for: the risk that 26(a)(2)(C) and 27(c)(2) of the 1940 Act a registered unit investment trust, its annuitants under the Contract will live depositor or principal underwriter, from to deduct a mortality and expense risk longer than has been anticipated in selling periodic payment plan charge under the Contract offered by the setting the annuity rates guaranteed in certificates unless the proceeds of all Separate Account are necessary and the Contract; the risk that the death payments, other than sales loads, are appropriate in the public interest and benefit will be greater than the Contract deposited with a qualified bank and consistent with the protection of value; the risk created by the held under arrangement which prohibit investors and the policies and inapplicability of a CDSC to amounts provisions of the 1940 Act. 6 The registration statement, which Applicants paid as a death benefit; and the risk that have incorporated by reference, provides administrative expenses will be greater information about the transfer charge. than amounts derived from both the 52948 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
For the Commission, by the Division of proposed, without further notice, on • SSA, in consultation with the Investment Management, pursuant to November 20, 1995, unless we receive Department of Health and Human delegated authority. comments on or before that date which Services, finds that the research Jonathan G. Katz, would warrant our preventing the involved ‘‘may reasonably be expected Secretary. alteration from taking effect. to contribute to a national health [FR Doc. 95–25164 Filed 10–10–95; 8:45 am] interest;’’ ADDRESSES: Interested individuals may • BILLING CODE 8010±01±M comment on this proposal by writing to The requesting party agrees to the SSA Privacy Officer. The mailing reimburse SSA for the cost of providing the information; and address is 3–A–6 Operations Building, • SOCIAL SECURITY ADMINISTRATION 6401 Security Boulevard, Baltimore, The requesting party agrees to Maryland 21235; telephone 410–965– comply with safeguards and limitations Privacy Act of 1974; Report of New 1736. Comments may be faxed to 410– specified by SSA on rerelease and Routine Use 966–0869. All comments received will redisclosure of such information. SSA may not disclose under section be available for public inspection at the AGENCY: Social Security Administration 1106(d) of the Social Security Act (42 above address. (SSA). U.S.C. 1306(d)) information concerning ACTION: New routine use. FOR FURTHER INFORMATION CONTACT: Mr. an individual’s death if such disclosure Peter J. Benson, Office of Disclosure would violate a contract between SSA SUMMARY: In accordance with the Policy, 6401 Security Boulevard, and the State which furnished such Privacy Act of 1974 (5 U.S.C. 552a(e)(4) Baltimore, Maryland 21235; telephone information under section 205(r) of the and (11)), we are notifying the public of 410–965–1736. Social Security Act (42 U.S.C. 405(r)). our intent to add a routine use statement SUPPLEMENTARY INFORMATION: Hence, SSA now proposes to resume to the systems notices for the following disclosing, for epidemiological and systems of records: A. Background of the Proposed Routine • similar research, information as to Black Lung Payment System, 09– Use whether SSA’s records indicate that a 60–0045; person is alive or dead. SSA will not • Master Files of Social Security SSA previously disclosed information about vital status and verified SSNs for release death information in violation of Number (SSN) Holders and SSN any contract entered into pursuant to Applications, 09–60–0058; epidemiological and similar research, • under the Freedom of Information Act section 205(r) of the Social Security Act. Earnings Recording and Self- When a person is not a beneficiary Employment Income System, 09–60– (FOIA, 5 U.S.C. 552). We applied a balancing test to determine whether and SSA has no record of death or of 0059; recent earnings, the requester will be • Master Beneficiary Record, 09–60– such information was exempt from informed that SSA has no information 0090; disclosure under 5 U.S.C. 552(b)(6), about the person’s vital status. • Supplemental Security Income under which we weighed the public interest in disclosure against individual Specifically, we propose to add the Record, 09–60–0103. following routine use to the above listed We last published a notice in the privacy interests. Using this test, we determined that disclosures for systems: Federal Register pertaining to system ‘‘Information as to whether an epidemiological research were required 09–60–0045 at 59 FR 46439, September individual is alive or deceased may be under the FOIA. 8, 1994; pertaining to 09–60–0058 at 60 disclosed pursuant to section 1106(d) of FR 16155, March 29, 1995; pertaining to However, the Supreme Court, in the Social Security Act (42 U.S.C. 09–60–0059 at 59 FR 66551, December United States Department of Justice v. 1306(d)), upon request, for purposes of 27, 1994; pertaining to 09–60–0090 and Reporters Committee for Freedom of the an epidemiological or similar research 09–60–0103 at 60 FR 2144, January 6, Press, 489 U.S. 749 (1989), determined project, provided that: 1995. that the only public interest in (a) SSA determines, in consultation The proposed routine use will permit disclosure that could be considered with the Department of Health and SSA to disclose information about under the balancing test of exemption Human Services, that the research may individuals without their consent to (b)(6) of the FOIA was whether the reasonably be expected to contribute to parties conducting epidemiological and disclosure would inform the public of a national health interest; similar research when those disclosures how the Federal government carries out (b) The requester agrees to reimburse are required by section 1106(d) of the its statutory obligations. As a result of SSA for the costs of providing the Social Security Act (42 U.S.C. 1306(d)), this ruling, we discontinued making information; and which was added by section 311 of the disclosures for epidemiological research (c) The requester agrees to comply Social Security Independence and under the FOIA, because those with any safeguards and limitations Program Improvements Act of 1994, disclosures do not serve the public specified by SSA regarding rerelease or Pub. L. No. 103–296 (SSIPIA), and interest identified in the Reporters redisclosure of the information.’’ amended by section 108(b) of the Committee ruling. SSIPIA. Section 311 of the SSIPIA, enacted in B. Compatibility of the Proposed We invite public comments on this 1994, added a new subsection (d) to Routine Use publication. section 1106 of the Social Security Act. The Privacy Act and SSA’s disclosure DATES: We filed a report of an altered The new section 1106(d), as further regulation (20 CFR 401.310) permit us to system of records with the Senate amended by section 108(b) of the disclose information about individuals Committee on Governmental Affairs, the SSIPIA, requires SSA to disclose upon without their consent for a routine use, House Committee on Government request ‘‘information regarding whether i.e., a use that serves a purpose that is Reform and Oversight, and the Office of an individual is shown on the records compatible with the purpose for which Management and Budget, Office of of [SSA] as being alive or deceased we collected the information. SSA’s Information and Regulatory Affairs, on ** * for purposes of epidemiological regulations also state that SSA will September 29, 1995. The proposed or similar research * * *’’ when certain disclose when required by law (20 CFR routine use will become effective as conditions are met: 401.205). Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52949
In section 1106(d) of the Social DEPARTMENT OF TRANSPORTATION Dated: October 4, 1995. Security Act (42 U.S.C. 1306(d)), Rudy K. Peschel, Congress has established that Coast Guard Rear Admiral, U.S. Coast Guard, Chief, Office epidemiological and similar research is of Navigation Safety and Waterway Services. an authorized use of information in [CGD 95±066] [FR Doc. 95–25173 Filed 10–10–95; 8:45 am] SSA’s records that indicate that a person BILLING CODE 4919±14±M is alive or dead. Section 1106(d) thus National Environmental Policy Act establishes the compatibility of the Environmental Assessment for U.S. Coast Guard Activities Along the U.S. purposes of that research with the Federal Aviation Administration Atlantic Coast purposes for which SSA collects those Notice of Availability of a Draft records. AGENCY: Coast Guard, DOT. Environmental Assessment for the Moreover, § 401.325 of the disclosure ACTION: Notice of reopening of comment Jackson Hole Airport Master Plan regulation permits us to disclose period. AGENCY: Federal Aviation information under a routine use for SUMMARY: Administration (FAA), DOT. statistical and research purposes if: On August 9, 1995, the Coast Guard published a notice of availability ACTION: Notice of Availability of a Draft • We determine that the researcher and request for comments announcing Environmental Assessment. needs the information in an identifiable the availability of an Environmental SUMMARY: form and will protect individuals from Assessment (EA) and a proposed The Jackson Hole Airport unreasonable and unwanted contacts; Finding of No Significant Impact Board has prepared a Draft • (FONSI) for public review and Environmental Assessment (EA) for its The activity is designed to increase proposed Master Plan improvements. knowledge about Social Security comment. Comments were requested on or before September 8, 1995. Due to Jackson Hole Airport is located within programs or other Federal or State Grand Teton National Park in Wyoming. income maintenance or health- delays in finalizing and mailing requested copies of the EA, the The need for the project arose due to maintenance programs or consists of safety concerns as a result of recent epidemiological or similar research; and comment period is being reopened. Copies have been sent to all who incidents of aircraft overrunning the • The recipient agrees to keep the requested them in response to the runway, as well as concerns over the information as a system of statistical August notice. degree of congestion which occurs in records, to follow appropriate the terminal building during peak travel DATES: Comments must be received on periods. The EA addresses the potential safeguards, to allow our on-site or before October 27, 1995. inspection of those safeguards so that environmental effects of a Preferred ADDRESSES: Comments or questions may we can be sure the information is used Alternative and numerous other be mailed or delivered to LCDR Wesley options. The Preferred Project includes or redisclosed only for statistical or Marquardt, U.S. Coast Guard, research purposes, and to obtain our construction of stopways at each Commandant (G–Nd), 2100 Second runway end, shifting the runway to the approval before redisclosing the Street, SW., Washington, DC 20593– north to meet current FAA safety area information. 0001. Comments received will be requirements, retention of the current Before releasing information to a available for inspection and copying in 6300-foot runway length, expansion of requester for epidemiological or similar room 1202–A at the address listed the terminal by 10,000 square feet, research under the proposed routine use above. Normal office hours are between improved navigational aids, and the statement, we will execute an agreement 8 a.m. and 4 p.m., Monday through addition of a control tower and radar. with the researcher, containing the Friday, except for Federal holidays. All improvements for the Preferred safeguards and restrictions required by FOR FURTHER INFORMATION CONTACT: Alternative are within the leased section 1106(d) of the Social Security LCDR Wesley Marquardt, U.S. Coast boundary of the Airport. Other Act and § 401.325 of the regulations. Guard, Office of Navigation Safety and alternatives examined in the EA Waterway Services, (202) 267–1454. included No Action, navigational aids, C. Effect of the Proposed Alteration on SUPPLEMENTARY INFORMATION: The EA runway extensions of various lengths, the Privacy of Individuals and proposed FONSI have been 1,000 foot stopways, soft material arresting systems, and a 30,000 square Under section 1106(d) of the Social prepared for Coast Guard operations in foot terminal expansion. Security Act, added by the SSIPIA, the marine environment of the Atlantic DATES: researchers must agree to comply with coast from the northern tip of Maine Written comments addressing the adequacy of the Draft EA will be any restrictions imposed by SSA south to Puerto Rico. The EA focuses on received through December 13, 1995. regarding safeguarding of the six whale and five turtle threatened or Comments should be sent to Mr. George information and limiting redisclosures endangered species. The notice of availability and request for comments Larson, Airport Director, Jackson Hole as a condition of receiving information invited invited and encouraged Airport, P.O. Box 159, Jackson, WY under this routine use. Thus, we do not interested persons to participate in the 83001. Oral and written comments may anticipate that any adverse effects on public review process. Comments also be made in person at a public the privacy of individuals will result should specifically identify the hearing in Jackson, Wyoming scheduled from disclosures under the routine use environmental issues, topics, or for the afternoon and evening of statement proposed in this notice. information in the EA and proposed November 20, 1995. Please call (307) Dated: September 29, 1995. FONSI to which the comment applies. 733–7695 for details on the time and Shirley S. Chater, Comments, questions, or requests for place of this meeting. ADDRESSES: Commissioner of Social Security. copies of the EA and the proposed The Draft EA became FONSI should be mailed or delivered to available for public review on [FR Doc. 95–25174 Filed 10–10–95; 8:45 am] LCDR Wesley Marquardt in the address September 29, 1995. Copies are BILLING CODE 4190±29±P contained in ADDRESSES. available for review at Jackson Hole 52950 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
Airport; Teton County Public Library, • Review and dispose working group Members of the public may present a 320 So. King St., Jackson, WY; FAA, work plan. written statement to the subcommittee Denver Airports District Office, 5440 • General discussion of working at any time. Roslyn St., Ste. 300, Denver, CO; FAA, group report. • Issued in Washington, DC, on October 4, Airports Division, 1601 Lind Ave. SW, A discussion of future meeting 1995. Renton, WA; and at the FAA, dates, locations, activities, and plans. Attendance is open to the interested Clyde A. Miller, Department of Transportation, AGC– Manager, Research Division, Coordinator for 200, Rm. 915, 800 Independence Ave. public, but will be limited to the space available. The public must make the FAA R, E&D Advisory Committee. SW, Washington, DC. Individual copies [FR Doc. 95–25188 Filed 10–10–95; 8:45 am] can be ordered at cost by contacting arrangements by October 10, 1995, to Jackson Hole Airport at (307) 733–7695. present oral statements at the meeting. BILLING CODE 4910±13±M The public may present written Issued in Renton, Washington on October statements to the committee at any time 3, 1995. by providing 25 copies to the Executive Notice of Passenger Facility Charge David A. Field, Director, or by bringing the copies to the (PFC) Approvals and Disapprovals Acting Manager, Airports Division, Federal meeting. In addition, sign and oral AGENCY: Federal Aviation Aviation Administration, Northwest interpretation can be made available at Mountain Region, Renton, Washington. Administration (FAA), DOT. the meeting, as well as an assistive ACTION: Monthly Notice of PFC [FR Doc. 95–25186 Filed 10–10–95; 8:45 am] listening device, if requested 10 BILLING CODE 4910±13±M Approvals and Disapprovals. In calendar days before the meeting. September 1995, there were 10 Arrangements may be made by applications approved. Additionally, contacting the person listing under the Aviation Rulemaking Advisory three approved amendments to heading FOR FURTHER INFORMATION Committee Meeting on Airport previously approved applications are CONTACT. Certification Issues listed. Issued in Washington, DC, on October 3, AGENCY: Federal Aviation 1995. SUMMARY: The FAA publishes a monthly Administration (FAA), DOT. Robert E. David, notice, as appropriate, of PFC approvals ACTION: Notice of meeting. Assistant Executive Director for Airport and disapprovals under the provisions Certification Issues, Aviation Rulemaking of 49 U.S.C. 40117 (Pub. L. 103–272) SUMMARY: The FAA is issuing this notice Advisory Committee. and Part 158 of the Federal Aviation to advise the public of a meeting of the [FR Doc. 95–25190 Filed 10–10–95; 8:45 am] Regulations (14 CFR Part 158). This Federal Aviation Administration BILLING CODE 4910±13±M notice is published pursuant to Aviation Rulemaking Advisory paragraph d of § 158.29. Committee to discuss airport PFC Applications Approved certification issues. Research, Engineering and DATES: The meeting will be held on Development Advisory Committee; Public Agency: Board of Trustees of October 19, 1995, at 10:00 a.m. Arrange Subcommittee on Human Factors the University of Illinois, Champaign, for oral presentations by October 10, Illinois. Pursuant to section 10(A)(2) of the 1995. Application Number: 95–01–C–00– Federal Advisory Committee Act (Pub. CMI. ADDRESSES: The meeting will be held at L. 92–463; 5 U.S.C. App. 2), notice is Application Type: Impose and use FAA Headquarters, Conference Room hereby given of a meeting of the PFC revenue. 600E, 6th Floor, 800 Independence Subcommittee on Human Factors of the PFC Level: $3.00. Avenue, SW., Washington, DC 20591. Federal Aviation Administration (FAA) Total Approved Net PFC Revenue: FOR FURTHER INFORMATION CONTACT: Research, Engineering and Development $1,154,307. Ms. Marisa Mullen, Federal Aviation (R,E&D) Advisory Committee to be held Estimated Charge Effective Date: Administration, Office of Rulemaking on Wednesday, November 1, 1995, from December 1, 1995. (ARM–205), 800 Independence Avenue, 9 a.m. to 5 p.m. The meeting will take Estimated Charge Expiration Date: SW., Washington, DC 20591, telephone place in Washington, DC, at the Capital November 1, 1998. (202) 267–9681; fax (202) 267–5075. Gallery Building, 600 Maryland Avenue, Class of Air Carriers Not Required to SUPPLEMENTARY INFORMATION: Pursuant Fifth Floor, Suite 500. Collect PFC’s: Air taxi/commercial to § 10(a)(2) of the Federal Advisory The agenda for this meeting will operators. Committee Act (Pub. L. 92–463; U.S.C. include discussion of the role of human Determination: Approved. Based on App. II), notice is hereby given of a factors in the acquisition of systems in information contained in the public meeting of the Aviation Rulemaking the FAA and the operation of systems in agency’s application, the FAA has Advisory Committee to be held on the national airspace system. determined that the proposed class October 19, 1995, at FAA Headquarters, Attendance is open to the interested accounts for less than 1 percent of the Conference Room 600E, 6th Floor, 800 public but limited to the space total annual enplanements at University Independence Avenue, SW., available. With the approval of the of Illinois—Willard Airport (CMI). Washington, DC 20591. subcommittee chairman, members of the Brief Description of Projects The agenda will include: public may present oral statements at Approved for Collection and Use: • Committee administration. the meeting. Persons wishing to present Reimbursement for local share of Part • Status report from Friction oral statements, obtain information, or 107 security plan, Measurement and Signing Working attend the meeting should contact Dr. Reimbursement for local share of high- Group. Mark Hofmann, AAR–100, 800 speed snow broom, • General discussion of working Independence Avenue, SW., Reimbursement for acquisition of snow group report. Washington, DC at (202) 267–7125, the broom, • Status report from Commuter FAA designated federal office to the Reimbursement for local funds used to Airport Certification Working Group. subcommittee. finance eligible portions of the design Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52951
and construction of the snow removal FOR FURTHER INFORMATION CONTACT: Public Agency: Charlottesville- equipment storage maintenance Philip M. Smithmeyer, Chicago Airports Albemarle Airport Authority, building, District Office, (703) 294–7435. Charlottesville, Virginia. Construction of phase 1 of a mult-phase Public Agency: County of Delta, Application Number: 95–07–I–00– surface rehabilitation project on Escanaba, Michigan. CHO. primary runway 14R/32L at the Application Number: 95–02–U–00– Application Type: Impose a PFC. intersection with runway 18/36 ESC. PFC Level: $3.00. together with the first 1,200 feet of Application Type: Use PFC revenue. Total Approved Net PFC Revenue: runway 14R and runway 18/36, PFC Level: $3.00. $1,047,300. Reimbursement of local share for Total Approved Net PFC Revenue: Charge Effective Date: April 1, 1999. preparation and administration of $149,319. Estiamted Charge Expiration Date: PFC program, Charge Effective Date: February 1, February 1, 2002. Replacement of snow removal, 1993. Classes of Air Carriers Not Required equipment, Estimated Charge Expiration Date: to Collect PFC’s: (1) Air taxi/commercial Phase II—construction of a surface December 1, 1997. operators filing FAA Form 1800–31; and rehabilitation project on primary Class of Air Carriers Not Required to (2) foreign air carriers. runway 14R/32L. Collect PFC’s: The County of Delta was Determination: Approved. Based on Brief Description of Project Partially previously approved, in a decision information contained in the public Approved for Collection and Use: dated November 17, 1992, to exclude a agency’s application, the FAA has Reimbursement for advance plans for class of air carriers from the requirement determined that the proposed classes the construction of a parallel runway to to collect the PFC. This decision does each account for less than 1 percent of runway 14R/32L and update of Exhibit not affect that ruling. the total annual enplanements at A. Brief Description of Projects Charlottesville-Albermarle Airport. Determination: This approval is Approved for Use of PFC Revenue: Brief Description of Projects limited to the preparation of plans for Acquire land (fee 26.5 acres) including Approved for PFC Collection: the construction of a parallel runway to relocation assistance, Construct additional air carrier ramp, runway 14R/32L. However, costs Professional engineering services for Reconstruct taxiway A. associated with the preparation of the rehabilitation, widening, extension, Decision Date: September 15, 1995. Exhibit A property map are considered and installation of porous friction FOR FURTHER INFORMATION CONTACT: to be administrative costs specifically course for runway 18/36, including Robert Mendez, Washington Airports related to Airport Improvement Program medium intensity runway lights District Office, (703) 285–2570. (MIRL), and new parallel taxiway, (AIP) projects. This items is not required Public Agency: Florence City-County including medium intensity lights, for PFC project approval or Airport Commission, Florence, South Rehabilitate, widen, and extend runway administration of the PFC program at Carolina. 18/36, construct runway 18/36 porous CMI; therefore, the portion of the project Application Number: 95–01–C–00– friction course, rehabilitate MIRL. for the preparation of the Exhibit A FLO. property map is disapproved for the Decision Date: September 12, 1995. Application Type: Impose and use collection and use of PFC revenue. FOR FURTHER INFORMATION CONTACT: PFC revenue. Decision Date: September 5, 1995. Jon B. Gilbert, Detroit Airports District PFC Level: $3.00. FOR FURTHER INFORMATION CONTACT: Office, (313) 487–7281. Total Approved Net PFC Revenue: Philip M. Smithmeyer, Chicago Airports Public Agency: City of Rhinelander $881,600. District Office, (708) 294–7434. and County of Oneida, Rhinelander, Estimated Charge Effective Date: Public Agency: Springfield Airport Wisconsin. December 1, 1995. Authority, Springfield, Illinois. Application Number: 95–02–U–00– Estimated Charge Expiration Date: Application Number: 95–05–U–00– RHI. November 1, 1999. SPI. Application Type: Use PFC revenue. Class of Air Carriers Not Required to Application Type: Use PFC revenue. PFC Level: $3.00. Collect PFC’s: Air carriers operating PFC Level: $3.00. Total Approved Net PFC Revenue: under Part 135 or Part 298 on an on- Total Approved Net PFC Revenue: $38,500. demand, non-scheduled basis, and not $64,172. Charge Effective Date: January 1, selling tickets to the public (air taxis). Charge Effective Date: June 1, 1992. 1994. Determination: Approved. Based on Estimated Charge Expiration Date: Estimated Charge Expiration Date: information contained in the public July 1, 2007. April 1, 1996. agency’s application, the FAA has Class of Air Carriers Not Required to Class of Air Carriers Not Required to determined that the proposed class Collect PFC’s: The Springfield Airport Collect PFC’s: The City of Rhinelander accounts for less than 1 percent of the Authority was previously approved, in and County of Oneida were previously total annual enplanements at Florence a decision dated November 24, 1993, to approved, in a decision dated August 4, Regional Airport. exclude a class of air carriers from the 1993, to exclude a class of air carriers Brief Description of Projects requirement to collect the PFC. This from the requirement to collect the PFC. Approved for Collection and Use of PFC decision does not affect that ruling. This decision does not affect that ruling. Revenue: Brief Description of Projects Brief Description of Projects Installation of lighted runway Approved for Use of PFC Revenue: Approved for Use of PFC Revenue: identification signs, Rehabilitate taxiway A, Sanitary sewer and water lines, Rehabilitation of MIRL on runway 18/ Widen runway 4–22 at both ends, Snow removal vehicles. 36; overlay taxiway B, Acquisition of Miller property, Decision Date: September 14, 1995. Stormwater drainage/terminal apron, Security/access modifications to meet FOR FURTHER INFORMATION CONTACT: Abbreviated master plan update, Part 107.14 requirements. Franklin D. Benson, Minneapolis Terminal expansion and renovation— Decision Date: September 5, 1995. Airports District Office, (612) 725–4221. phase I, 52952 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
Airfield signage and pavement marking, Estimated Charge Expiration Date: Decision Date: September 28, 1995. New taxiway edge lighting and March 1, 1998. FOR FURTHER INFORMATION CONTACT: precision approach path indicators Class of Air Carriers Not Required to Ilia A. Quinones, Orlando Airports (PAPI–4), Collect PFC’s: (1) Unscheduled Part 135 District Office, (407) 648–6583. Expansion of the airport access road charter operators for hire to the general (relocate and rebuild airport access public; (2) unscheduled Part 121 charter Public Agency: City of Pendleton, road). operators for hire to the general public. Oregon. Decision Date: September 18, 1995. Determination: Approved. Based on Application Number: 95–01–C–00– FOR FURTHER INFORMATION CONTACT: information contained in the public PDT. Cathy Nelmes, Atlanta Airports District agency’s application, the FAA has Application Type: Impose and use Office, (404) 305–7148. determined that each proposed class PFC revenue. accounts for less than 1 percent of the Public Agency: Port of Oakland, PFC Level: $3.00. total annual enplanements at Tri-State Oakland, California. Total Approved Net PFC Revenue: Airport. Application Number: 95–04–U–00– $153,381. Brief Description of Project Approved OAK. for Collection and Use: Estimated Charge Effective Date: Application Type: Use PFC revenue. December 1, 1995. PFC Level: $3.00. Preparation of PFC application and coordination, Estimated Charge Expiration Date: Total Approved Net PFC Revenue: January 1, 2002. $15,827,091. Terminal renovations and canopy; access road overlay, Class of Air Carriers Not Required to Charge Effective Date: April 1, 1995. Collect PFC’s: Air taxi/commercial Estimated Charge Expiration Date: New engine generator for terminal; new operators filing FAA Form 1800–31. September 1, 1996. engine generator for ARFF building, Class of Air Carriers Not Required to Snow removal sweeper unit, Determination: Approved. Based on Collect PFC’s: The Port of Oakland was Snow blower, information contained in the public Taxiway reconstruction and fillet previously approved, in a decision agency’s application, the FAA has widening (2,300 feet by 50 feet). dated December 23, 1994, to exclude a determined that the proposed class class of air carriers from the requirement Decision Date: September 20, 1995. accounts for less than 1 percent of the to collect the PFC. This decision does FOR FURTHER INFORMATION CONTACT: total annual enplanements at Eastern not affect that ruling. Elonza Turner, Beckley Airports Field Oregon Regional Airport. Brief Description of Project Approved Office, (304) 252–6216. Brief Description of Project Approved for Use of PFC Revenue: Public Agency: Virgin Islands Port for Collection and Use: Construct aircraft rescue and firefighting Authority, St. Thomas, Virgin Islands. Runway 11/29 shoulder reconstruction, (ARFF) facility. Application Number: 95–03–I–00– Security and access improvements, STT. Decision Date: September 18, 1995. Application Type: Impose a PFC. Airport guidance signs, FOR FURTHER INFORMATION CONTACT: PFC Level: $3.00. New ARFF equipment improvements, Joseph R. Rodriquez, San Francisco Total Approved Net PFC Revenue: acquisition of new proximity suits, Airports District Office, (415) 876–2805. $3,342,000. Runway and taxiway marking Public Agency: Tri-State Airport Estimated Charge Effective Date: improvements, Authority, Huntington, West Virginia. December 1, 1995. Perimeter safety and security signage, Application Number: 95–01–C–00– Estimated Charge Expiration Date: Master plan update and PFC application HTS. December 1, 1997. preparation, Class of Air Carriers Not Required to Application Type: Impose and use Terminal building remodel and non- Collect PFC’s: None. PFC revenue. revenue parking lot renovation. PFC Level: $3.00. Brief Description of Project Approved Total Approved Net PFC Revenue: Collection: Decision Date: September 29, 1995. $591,300. Passenger terminal renovation and FOR FURTHER INFORMATION CONTACT: Don Estimated Charge Effective Date: expansion at Alexander Hamilton Larson, Seattle Airports District Office, December 1, 1995. Airport. (206) 227–2652.
AMENDMENTS TO PFC APPROVALS
Original es- Amended Amendment Amendment Original ap- timated estimated Amendment No., city, state approved approved net proved net charge exp. charge exp. date PFC revenue PFC revenue date date
92±01±I±01±SRQ, Sarasota, FL ...... 09/08/95 $41,357,000 $38,715,000 09/01/05 03/01/09 94±05±I±01±CHO, Charlottesville, VA ...... 09/14/95 1,650,346 1,524,300 04/01/99 04/01/99 92±01±C±01±SBP, San Luis Obispo, CA ...... 09/28/95 378,587 502,437 02/01/95 02/01/95 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 52953
Issued in Washington, D.C. on October 4, Office of the Assistant Secretary for may be referred to the Commission at 1995. Management. the following address: Veterans’ Claims Donna P. Taylor, George Mun˜ oz, Adjudication Commission (20C), U.S. Manager, Passenger Facility Charge Branch. Assistant Secretary for Management, Office Department of Veterans Affairs, 810 [FR Doc. 95–25187 Filed 10–10–95; 8:45 am] of Financial and Budget Execution. Vermont Ave., NW., Washington, DC BILLING CODE 4910±13±M [FR Doc. 95–25175 Filed 10–10–95; 8:45 am] 20420. BILLING CODE 4810±25±P Additional information concerning this meeting may be obtained by contact the Commission at (202) 275–2142. DEPARTMENT OF THE TREASURY DEPARTMENT OF VETERANS Dated: October 2, 1995. [Treasury Directive Number 12±04] AFFAIRS By direction of the Secretary. Heyward Bannister, Veterans' Claims Adjudication Delegation of Authority for Budget Committee Management Officer. Commission, Notice of Meeting Execution in the Departmental Offices [FR Doc. 95–25127 Filed 10–10–95; 8:45 am] The Department of Veterans Affairs BILLING CODE 8320±01±M September 28, 1995. (VA), in accordance with Pub. L. 92– 1. Delegation. Pursuant to sections 3. 463, gives notice that the Veterans’ and 5. of Treasury Order (TO) 102–13, Claims Adjudication Commission will Wage Committee; Notice of Meetings this Directive delegates the authority for meet on October 24–26, 1995, at the budget execution/control of funds in the National Headquarters of the Paralyzed The Department of Veterans Affairs Departmental Offices (DO). Veterans of America (PVA), 801 18th (VA), in accordance with Pub. L. 92– 2. For the purposes of paragraphs 3.a. Street NW, (2nd Floor), Washington, 463, gives notice that meetings of the and 3.c. of TO 102–13, the Deputy DC. The Commission shall meet on VA Wage Committee will be held on: Assistant Secretary (Administration) October 24 and 25 from 8:30 a.m. to 4:30 Wednesday, October 25, 1995, at 2 p.m. shall perform those functions assigned p.m., and on October 26 from 8:30 a.m. Wednesday, November 8, 1995, at 2 p.m. there to the ‘‘head of bureau’’ with to 12 Noon. Wednesday, November 22, 1995, at 2 p.m. respect to the DO other than the On the morning of October 24, the Wednesday, December 6, 1995, at 2 p.m. Financial Crimes Enforcement Network Commission will receive a briefing on Wednesday, December 20, 1995, at 2 p.m. (FinCEN). the current status of affairs in disability The meetings will be held in Room 3. The Director, FinCEN: compensation claims processing by the 1225, Department of Veterans Affairs, (a) Is delegated authority to incur Director, VA Compensation and Pension Tech World Plaza, 801 I Street, NW, obligations and make expenditures Service. The Chairman will then lead a Washington, DC 20001. within the budgetary resources available discussion on potential new areas of The Committee’s purpose is to advise to FinCEN consistent with applicable pursuit for the Commission. The the Under Secretary for Health on the Office of Management and Budget afternoon session will consist of development and authorization of wage apportionments and reapportionments discussions of proposed draft schedules for Federal Wage System and other authority to make funds preliminary findings and conclusions (blue-collar) employees. available for obligation; relating to the VA appellate process and At these meetings the Committee will (b) Is delegated authority to issue sub- the effectiveness of quality control and consider wage survey specifications, allotments or allocations of funds to assurance practices employed by the wage survey data, local committee components of FinCEN; and Department. On October 25, the reports and recommendations, statistical (c) Shall maintain a system of Commission will continue its analyses, and proposed wage schedules. administrative control of funds for discussions of proposed draft All portions of the meetings will be FinCEN in conformity with the preliminary findings and conclusions, closed to the public because the matters requirements of paragraph 3.c. of TO starting with the claims adjudication considered are related solely to the 102–13. process and procedures, and followed internal personnel rules and practices of 4. Nothing in this Directive shall be by the effect of modernizing IRM, the the Department of Veterans Affairs and construed to: effectiveness of pilot programs, and the because the wage survey data a. Apply to the Office of Inspector effect of attorneys, veterans service considered by the Committee have been General or the Treasury Asset Forfeiture organizations and other advocates on obtained from officials of private Fund; or the system. On the morning of October business establishments with a b. Change organizational or reporting 26, the Commission will conclude its guarantee that the data will be held in relationships of DO or FinCEN. discussions regarding draft preliminary confidence. Closure of the meetings is in 5. Authority. TO 102–13, ‘‘Delegation findings and conclusions by reviewing accordance with subsection 10(d) of of Authority Concerning Budget the effect of VA’s work performance Pub. L. 92–463, as amended by Pub. L. Matters,’’ dated January 19, 1993. standards and the extent to which Blue 94–409, and as cited in 5 U.S.C. 552b(c) 6. Cancellation. Treasury Directive Ribbon Panel recommendations have (2) and (4). 12–04, ‘‘Delegation of Authority for been implemented and the relative However, members of the public are Budget Execution in the Departmental effect of such recommendations on the invited to submit material in writing to Offices,’’ dated October 18, 1994, is claims adjudication process. superseded. The meeting is open to the public; the Chairperson for the Committee’s 7. Expiration Date. This Directive however, no specific amount of time is attention. expires on October 18, 1997, unless allocated for the purpose of receiving Additional information concerning superseded or cancelled prior to that oral presentation from the public. The these meetings may be obtained from date. Commission will accept appropriate the Chairperson, VA Wage Committee, 8. Office of Primary Interest. Office of written comments from interested Room 1225, 801 I Street, NW, Financial and Budget Execution, Office parties on the subject matter addressed Washington, DC 20001. of the Deputy Chief Financial Officer, during the meeting. Such comments Dated: September 28, 1995. 52954 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
By direction of the Secretary. Heyward Bannister, Committee Management Officer. [FR Doc. 95–25126 Filed 10–10–95; 8:45 am] BILLING CODE 8320±01±M 52955
Sunshine Act Meetings Federal Register Vol. 60, No. 196
Wednesday, October 11, 1995
This section of the FEDERAL REGISTER Docket # P–8066, 027, American Hydro Docket# EG95–87, 000, Energy Power contains notices of meetings published under Power Company Marketing Corporation the ``Government in the Sunshine Act'' (Pub. CAH–9. CAE–17. L. 94-409) 5 U.S.C. 552b(e)(3). Docket # P–11459, 002, Washington Docket# EG95–79, 000, Brooklyn Navy County Water Conservancy District Yard Cogeneration Partners, L.P. CAH–10. CAE–18. # FEDERAL ENERGY REGULATORY Docket # P–11313, 000, White Mountain Docket EG95–82, 000, Barranquilla Lease Holding, Inc. COMMISSION Hydroelectric Company CAE–19. The following notice of meeting is Consent Agenda—Electric Docket# EG95–83, 000, EI Power, Inc. published pursuant to section 3(a) of the CAE–1. CAE–20. Government in the Sunshine Act (Pub. Docket # ER95–1561, 000, Montaup Omitted CAE–21. L. No. 94–409), 5 U.S.C. 552B: Electric Company # CAE–2. Docket EL95–52, 000, Dartmouth Power DATE AND TIME: October 11, 1995, 10:00 Associates Limited Partnership v. Docket # ER95–1615, 000, Entergy Power a.m. Commonwealth Electric Company Marketing Corporation Other#s EL95–66, 000, Commonwealth PLACE: 825 North Capitol Street, N.E., CAE–3. Room 9306, Washington D.C. 20426. # Electric Company v. Dartmouth Power Docket ER95–1545, 000, Commonwealth Associates Limited Partnership and EMI/ STATUS: Open. Edison Company Dartmouh, Inc. Other #S ER93–777, 000, Commonwealth MATTERS TO BE CONSIDERED: Agenda. CAE–22. Edison Company Omitted Note—Items listed on the agenda may be ER95–371, 000, Commonwealth Edison CAE–23. deleted without further notice. Company Docket# EL95–36, 000, Jersey Central CONTACT PERSON FOR MORE INFORMATION: ER95–1539, 000, Commonwealth Edison Power & Light Company Lois T. Cashell, Secretary, Telephone Company CAE–4. Consent Agenda—Gas and Oil (202) 208–0400. For a recording listing Docket # ER95–1596, 000, American CAG–1. items stricken from or added to the Electric Power Service Corporation Omitted meeting, call (202) 208–1627. CAE–5. CAG–2. This is a list of matters to be Docket# ER95–1489, 000, Southern Docket# RP95–438, 000, Florida Gas considered by the Commission. It does California Edison Company Transmission Company not include a listing of all papers CAE–6. CAG–3. # relevant to the items on the agenda; Docket# ER95–1268, 000, Public Service Docket PR95–12, 000, Sonat Intrastate- however, all public documents may be Company of Colorado Alabama Inc. CAE–7. CAG–4. examined in the reference and # Docket# PR95–13, 000, AOG Gas information center. Docket ER94–475, 000, Wisconsin Power and Light Company Transmission Company, L.P. Consent Agenda—Hydro, 638th Meeting— Other#s ER94–108, 000, Heartland Energy CAG–5. October 11, 1995, regular Meeting (10:00 Services, Inc. Omitted CAG–6. a.m.) CAE–8. # Docket# ER95–679, 001, Connecticut Docket RP94–301, 000, Stingray Pipeline CAH–1. Company Docket # P–2541, 018, Cascade Power Valley Electric Company # Other#s ER95–680, 001, Central Vermont Other s RP94–301 003, Stingray Pipeline Company Company Public Service Corporation CAH–2. CAG–7. # CAE–9. Docket P–2975, 015, Tri-Dam Power Docket# RP94–375, 002, Texas Gas Omitted Authority Transmission Corporation CAH–3. CAE–10. # # Other s RP95–215 et al., 001, Texas Gas Docket # P–7481, 085, NYSD Ltd. Docket EL94–59, 001, Cities of Bedford, Transmission Corporation Partnership Danville, Martinsville & Town of CAG–8. CAH–4. Richlands, Virginia, et al., v. Docket# RP95–103, 000, Florida Gas Omitted Appalachian Power Company Transmission Company CAH–5. CAE–11. Other#s RP95–103, 004, Florida Gas # Docket # P–2157, 084, Snohomish County Docket TX93–2, 005, Cities of Bedford, Transmission Company Public Utility District No. 1 and City of Danville, Martinsville and Town of CAG–9. Everett, Washington Richlands, Virginia and Blue Ridge Docket# RP95–325, 000, El Paso Natural CAH–6. Power Agency Gas Company Docket # P–2436, 019, Consumers Power CAE–12. CAG–10. Company Docket# EG95–80, 000, Los Amigos Leasing Docket# RP88–44, 052, El Paso Natural Gas Other#S P–2447, 018, Consumers Power Company Ltd. Company Company CAE–13. CAG–11. P–2448, 025, Consumers Power Company Docket# EG95–85, 000, Hudson Falls, LLC Docket# RP95–185, 006, Northern Natural P–2449, 017, Consumers Power Company CAE–14. Gas Company P–2450, 016, Consumers Power Company Docket# EG95–86, 000, Adirondack CAG–12. P–2453, 014, Consumers Power Company Operating Services, LLC Docket# RP95–326, 003, Natural Gas P–2580, 029, Consumers Power Company CAE–15. Pipeline Company of America CAH–7. Docket# EG95–81, 000, LG&E Power Other#s RP95–242, 004, Natural Gas Pipeline Omitted Operating Services Inc. Company of America CAH–8. CAE–16. CAG–13. 52956 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Sunshine Act Meetings
Docket# RP95–408, 002, Columbia Gas Omitted Item No., Bureau, and Subject Transmission Corporation CAG–29. CAG–14. Docket# CP95–312, 000, Northern Natural 1—Wireless Telecommunications— Omitted Gas Company Title: Amendment of Parts 20, 22, 24 CAG–15. CAG–30. and 90 of the Commission’s Rules to Docket# RP94–227, 001, Transwestern Docket# CP95–681, 000, Texas Eastern Permit Flexible Service Offerings in Pipeline Company Transmission Corporation the Commercial Mobile Radio Other#s RP94–227, 000, Transwestern CAG–31. Services. Summary: The Commission Pipeline Company Docket# CP95–500, 000, Southern Natural will consider proposing expansion of CAG–16. Gas Company Omitted the scope of permissible CAG–32. communications for providers of CAG–17. Docket# CP90–1849, 003, Washington # Docket RP95–271, 002, Transwestern Water Power Company Personal Communications Services Pipeline Company and other specified CMRS services to # Other s CP94–211, 003, Transwestern Other#s CP90–2158, 002, Northwest include fixed services. Pipeline Company Pipeline Corporation 2—Wireless Telecommunications— CP94–254, 002, Transwestern Pipeline CAG–33. Title: Plan for Sharing the Costs of Company Docket# CP95–177, 000, Burt McDaniel, Microwave Relocation (RM–8643). CP94–676, 001, Transwestern Pipeline M.D. v. East Tennessee Natural Gas Summary: The Commission will Company Company CP94–751, 003, Transwestern Pipeline consider action concerning the CAG–34. Company relocation of microwave facilities in Docket# CP95–349, 000, Louisiana Gas CP95–70, 003, Transwestern Pipeline the 1850 to 1990 (2 GHz) band, System Inc. and Conoco, Inc. v. Company Panhandle Eastern Corporation, Centana including cost sharing. CP95–112, 002, Transwestern Gathering 3—Common Carrier—Title: Motion of Company Energy Corporation, et al. CAG–35. American Telephone and Telegraph CP95–153, 001, Transwestern Pipeline Company to be Reclassified as a Non- Company Omitted CAG–36. Dominant Carrier. Summary: The CP95–378, 001, Transwestern Pipeline # Company Docket CP88–760, 018, Transcontinental Commission will consider AT&T’s RP93–34, 009, Transwestern Pipeline Gas Pipe Line Corporation motion for reclassification as a non- Company Hydro Agenda dominant carrier under the RP94–227, 002, Transwestern Pipeline Commission’s rules. Company H–1. Reserved Additional information concerning CAG–18. this meeting may be obtained from Omitted Electric Agenda CAG–19. Audrey Spivack or Maureen Peratino, Docket# RP94–296, 006, Williams Natural E–1. Office of Public Affairs, telephone Gas Company Reserved number (202) 418–0500. Other#s RP94–296, 004, Williams Natural Oil and Gas Agenda Dated October 5, 1995. Gas Company Federal Communications Commission. RP94–296, 005, Williams Natural Gas I. Pipeline Rate Matters William F. Caton, Company PR–1. CAG–20. Reserved Acting Secretary. Docket# RP95–88, 003, Tennessee Gas [FR Doc. 95–25331 Filed 10–6–95; 3:40 pm] II. Pipeline Certificate Matters Pipeline Company BILLING CODE 6712±01±F PC–1. Other#s RP95–112, 010, Tennessee Gas Docket# RP95–212, 000, Kansok Pipeline Company Partnership, Kansas Pipeline Partnership NUCLEAR REGULATORY COMMISSION CAG–21. and Riverside Pipeline Company, L.P. DATE: Docket# RP95–420, 000, North Atlantic Weeks of October 9, 16, 23, and Utilities, Inc. v. Transcontinental Gas Other#s RP95–395, 000, Williams Natural 30, 1995. Pipe Line Corporation Gas Company v. Kansas Pipeline PLACE: Commissioners’ Conference Operating Company and Kansas Pipe Room, 11555 Rockville Pike, Rockville, Other#s TM95–12–29, 000, Line Partnership, et al. Maryland. Transcontinental Gas Pipe Line Order on show cause proceeding and on STATUS: Public. Corporation complaint. CAG–22. Dated: October 4, 1995. MATTERS TO BE CONSIDERED: Omitted CAG–23. Docket# IS94–22, 000, Chevron Lois D. Cashell, Week of October 9 Pipe Line Company Secretary. Tuesday, October 10 [FR Doc. 95–25228 Filed 10–5–95; 4:17 pm] 10:00 a.m. Other#s IS95–11, 000, Chevron Pipe Line BILLING CODE 6717±01±P Briefing on NRC’s Technical Training Company Program (Public Meeting) CAG–24. (Contact: Ken Raglin, 615–855–6500) Docket# OR95–33, 000, Yellowstone Pipe FEDERAL COMMUNICATIONS COMMISSION Line Company Thursday, October 12 CAG–25. FCC To Hold Open Commission # Meeting Thursday, October 12, 1995 3:30 p.m. Docket RP95–374, 000, Gas Research Affirmation Session (Public Meeting) Institute The Federal Communications a. Revisions to Regulatory Requirements CAG–26. # Commission will hold an Open Meeting for Reactor Pressure Vessel Integrity in Docket CP94–172, 001, Mojave Pipeline on the subjects listed below on 10 CFR Part 50 Company b. Georgia Institute of Technology—Appeal CAG–27. Thursday, October 12, 1995, which is # scheduled to commence at 9:30 a.m., in of LBP–95–6 Docket CP94–575, 002, El Paso Natural (Contact: Andrew Bates, 301–415–1963) Gas Company Room 856, at 1919 M Street, NW., CAG–28. Washington, DC. Week of October 16—Tentative Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Sunshine Act Meetings 52957
There are no meetings scheduled for the This notice is distributed by mail to several entrance between 20th and 21st Streets, Week of October 16. hundred subscribers; if you no longer wish N.W., Washington, D.C. 20551. to receive it, or would like to be added to it, Week of October 23—Tentative please contact the Office of the Secretary, STATUS: Closed. There are no meetings scheduled for the Attn: Operations Branch, Washington, D.C. MATTERS TO BE CONSIDERED: Week of October 23. 20555 (301–415–1963). 1. Personnel actions (appointments, In addition, distribution of this meeting Week of October 30—Tentative promotions, assignments, reassignments, and notice over the internet system is available. salary actions) involving individual Federal There are no meetings scheduled for the If you are interested in receiving this Reserve System employees. Week of October 30. Commission meeting schedule electronically, 2. Any items carried forward from a Note: The Nuclear Regulatory Commission please send an electronic message to previously announced meeting. is operating under a delegation of authority [email protected] or [email protected]. to Chairman Shirley Ann Jackson, because Dated: October 5, 1995. CONTACT PERSON FOR MORE INFORMATION: with three vacancies on the Commission, it William M. Hill, Jr., Mr. Joseph R. Coyne, Assistant to the is temporarily without a quorum. As a legal Board; (202) 452–3204. You may call SECY Tracking Officer, Office of the matter, therefore, the Sunshine Act does not Secretary. (202) 452–3207, beginning at apply; but in the interests of openness and approximately 5 p.m. two business days [FR Doc. 95–25248 Filed 10–6–95; 10:55 am] public accountability, the Commission will before this meeting, for a recorded conduct business as though the Sunshine Act BILLING CODE 7590±01±M announcement of bank and bank were applicable. holding company applications The schedule for Commission BOARD OF GOVERNORS OF THE FEDERAL scheduled for the meeting. meetings is subject to change on short RESERVE SYSTEM Dated: October 6, 1995. notice. To verify the status of meetings TIME AND DATE: 11:00 a.m., Monday, Jennifer J. Johnson, call (Recording)—(301) 415–1292. October 16, 1995. Deputy Secretary of the Board. CONTACT PERSON FOR MORE INFORMATION: PLACE: Marriner S. Eccles Federal [FR Doc. 95–25332 Filed 10–6–95; 3:41 pm] Bill Hill (301) 415–1661. Reserve Board Building, C Street BILLING CODE 6210±01±M federal register October 11,1995 Wednesday Requirements; Revisions;FinalRules Forms, Statements,andReporting Filing; UniformSystemsofAccounts, Act): RateScheduleandTariffChanges; Natural GasCompanies(Natural 18 CFRPart154,etal. Federal EnergyRegulatoryCommission Energy Department of Part II 52959 52960 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
FEDERAL ENERGY REGULATORY may also be purchased from the a. Section 154.301 Changes in Rates COMMISSION Commission’s copy contractor, La Dorn b. Section 154.302 Previously Submitted Systems Corporation, also located in Material 18 CFR Part 154 c. Section 154.303 Test Periods Room 3104, 941 North Capitol Street d. Section 154.304 Format of Statements, [Docket No. RM95±3±000; Order No. 582] NE., Washington, DC 20426. Schedules, Workpapers, and Supporting Table of Contents Data Filing and Reporting Requirements for e. Section 154.305 Tax Normalization I. Introduction f. Section 154.306 Cash Working Capital Interstate Natural Gas Company Rate II. Public Reporting Burden Schedules and Tariffs g. Section 154.307 Joint Facilities III. Background h. Section 154.308 Representation of Chief IV. Discussion Issued: September 28, 1995 Accounting Officer A. Overview and Objectives of the Final i. Section 154.309 Incremental Expansions AGENCY: Federal Energy Regulatory Rule j. Section 154.310 Zones Commission, DOE. 1. Organization and editorial changes. k. Section 154.311 Updating of Statements ACTION: Final rule. 2. Substantive changes. l. Section 154.312 Composition of B. The Revised Regulations Statements SUMMARY: The Federal Energy 1. Subpart A—General Provisions and 1. Schedule B Regulatory Commission is amending Conditions 2. Schedule C part 154 of the Commission’s a. Section 154.1 Application; obligation to 3. Schedule C–1, End of Base Period Plant file Functionalized regulations under the Natural Gas Act. b. Section 154.2 Definitions The Commission is reorganizing, 4. Schedule C–2 (Proposed Schedule C–3) c. Section 154.3 Effective Tariff 5. Schedule C–3 (Proposed Schedule C–4) rewriting and updating its regulations d. Section 154.4 Electronic and Paper 6. Schedule C–4 (Proposed Schedule C–5) governing the form, composition and Media 7. Schedule C–5 (Proposed Schedule C–6) filing of rates and charges for the e. Section 154.5 Rejection of Filings 8. Schedule D transportation of natural gas in f. Section 154.6 Acceptance for filing not 9. Schedules D–1 and D–2 interstate commerce. This rule is part of approval 10. Schedule D–2 (Proposed Schedule D– the Commission’s ongoing program to g. Section 154.7 General Requirements for 3) the Submission of a Tariff Filing or 11. Statement E Schedule E–3 review its filing and reporting Executed Service Agreement requirements and reduce unnecessary 14. Schedule E–4 h. Section 154.8 Informal Submission for 15. Proposed Schedule E–5 burdens by eliminating the collection of Staff Suggestions 16. Statement F–2 data that are not necessary to the 2. Subpart B—Form and Composition of 17. Statement G, Revenues, Credits, and performance of the Commission’s Tariff Billing Determinants regulatory responsibilities. The rule also a. Section 154.101 Form 18. Schedule G–1, Base Period Revenues requires that certain data, necessary to b. Section 154.102 Title Page and Schedule G–2, Adjustment Period the analysis of a proposed rate, be filed Arrangement Revenues at an earlier stage of the process. c. Section 154.103 Composition of Tariff 20. Schedule G–3 d. Section 154.104 Table of Contents 21. Schedule G–4, At-risk Revenue EFFECTIVE DATE: This final rule is e. Section 154.105 Preliminary Statement 22. Schedule G–5, Other Revenues effective November 13, 1995. f. Section 154.106 Map 23. Statement H–1 FOR FURTHER INFORMATION CONTACT: g. Section 154.107 Currently Effective 24. Schedule H–1(1) Richard A. White, Office of the General Rates 25. Schedules H–1(1)(c), H–1(3)(a), and H– Counsel, Federal Energy Regulatory h. Section 154.108 Composition of Rate 1(3)(b) Schedules Commission, 825 North Capitol Street, 26. Schedules H–1(2)(a) and H–1(2)(b) i. Section 154.109 General Terms and 27. Schedule H–1(2) [Proposed Schedule NE., Washington, DC 20426, (202) 208– Conditions H–1(3)] 0491. j. Section 154.110 Form of Service 28. Schedule H–1(2)(j) [Proposed Schedule SUPPLEMENTARY INFORMATION: In Agreement H–1(3)(k)] addition to publishing the full text of k. Section 154.111 Index of Customers 29. Schedule H–1(2)(k) [Proposed Schedule this document in the Federal Register, l. Section 154.112 Exception to Form and H–1(3)(l)] Composition of Tariff the Commission also provides all 30. Schedule H–2(1) m. Miscellaneous Subpart B Comments 31. Statement H–3 interested persons an opportunity to 3. Subpart C—Procedures for Changing 32. Schedules H–3(1)–(3) inspect or copy the contents of this Tariffs 33. Schedule H–3(4) document during normal business hours a. Section 154.201 Filing Requirements 34. Schedule H–4 at 888 First Street NE., Washington, DC b. Section 154.202 Filings to Initiate a New 35. Schedule I–1, Functionalization of 20426. Rate Schedule Cost-of-service The Commission Issuance Posting c. Section 154.203 Compliance Filings 36. Schedules I–2 (i) and (ii) System (CIPS), an electronic bulletin d. Section 154.204—Changes in Rate 37. Schedule I–3, Allocation of Cost-of- board service, provides access to the Schedules, Forms of Service Agreements, Service or the General Terms and Conditions texts of formal documents issued by the 38. Schedule I–4, Transmission and e. Section 154.205 Changes Related to Compression of Gas by Others (Account Commission. CIPS is available at no Suspended Tariffs, Executed Service 858) charge to the user and may be accessed Agreements or Parts Thereof 39. Schedule I–5 using a personal computer with a f. Section 154.206 Motion to Place 40. Schedule I–5, Gas Balance modem by dialing (800) 856–3920. To Suspended Rates Into Effect 41. Statement J, Comparison and access CIPS, set your communications g. Section 154.207 Notice Requirements Reconciliation of Estimated Revenues software to 19200, 14400, 12000, 9600, h. Section 154.208 Service on Customers With Cost-of-service 7200, 4800, 2400, 1200, or 300 bps, full and Other Parties 42. Schedule J–1, Summary of Billing i. Section 154.209 Form of Notice for duplex, no parity, 8 data bits, and 1 stop Determinants Federal Register 43. Schedule J–2, Derivation of Rates bit. The full text of this document will j. Section 154.210 Protests, Interventions, 44. Schedule J–2(iii) be available on CIPS in ASCII and and Comments 45. Statement P WordPerfect 5.1 format. The complete 4. Subpart D—Material to be Filed With m. Section 154.313 Schedules for Minor text on diskette in Wordperfect format Changes Rate Changes Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52961
n. Section 154.314 Other Support for a the pipeline industry has rendered (reduction) in reporting burden. The Filing many of the current rate and tariff final rule reflects many of the changes 5. Subpart E—Limited Rate Changes regulations superfluous or outdated. suggested in industry comments filed in a. Section 154.401 RD&D Expenditures The Commission is adopting filing response to Commission’s Notice of b. Section 154.402 ACA Expenditures c. Section 154.403 Periodic Rate requirements that reflect the current Proposed Rulemaking. In particular, the Adjustments part 284 service regulations that joint comments of The Interstate Natural 6. Subpart F—Refunds and Reports mandate unbundled pipeline sales and Gas Association of America (INGAA) a. Section 154.501 Refunds open-access transportation of natural and the American Gas Distributors b. Section 154.502 Reports gas. The current part 154 rate (AGD) were helpful. 7. Subpart G—Other Tariff Changes regulations are not designed for the type The final rule is expected to reduce a. Section 154.601 Change in Executed of rate changes that will occur in the the existing reporting burden associated Service Agreement restructured service environment. These with FERC–545, Gas Pipeline Rates: b. Section 154.602 Cancellation or filing requirements were originally Termination of a Tariff, Executed Service Rate Change (Non-Formal) (OMB Agreement or Part Thereof designed to focus on pipeline sales Control No. 1902–0154) (FERC–545) by c. Section 154.603 Adopting of a Tariff by activities. The revised regulations focus an estimated 136,785 hours annually— a Successor on transportation services. an average of 172.9 hours per response. C. Comments requesting further changes Before the recent industry As a result of the final rule, the annual D. Electronic Filing restructuring, natural gas pipelines reporting requirement under FERC–545 1. Industry-wide conference primarily provided a merchant service. is estimated to total 36,068 hours based 2. Delayed implementation of electronic A typical pipeline company would on an expected 650 filings per year. A filing requirements purchase gas from producers or other copy of this rule is being provided to 3. Software suppliers, transport the gas from the 4. Using Rich Text Format for Text Office of Management and Budget supply area to storage fields or sales (OMB). 5. Appropriate Format for Numeric Data delivery points, and sell the gas on a 6. Security and Reliability of Data The Commission estimates the public 7. Submission of Data to the Commission bundled basis. Now, pipeline reporting burden for data collected 8. Dissemination of Data by the companies are primarily transporters of under FERC–545 will average Commission natural gas. This change in the primary approximately 55.5 hours per response, 9. Fees for costs of electronic filing role of the pipeline from merchant to including the time for reviewing V. Regulatory Flexibility Act Certification transporter requires that the filing instructions, searching existing data VI. Environmental Statement requirements be adapted to the change. sources, gathering and maintaining the VII. Information Collection Statement Accordingly, the Commission is data needed, and completing and VIII. Effective Date deleting all of the current regulations in Regulatory Text reviewing the collection of information. part 154 and replacing them with new Six other existing data collections are Appendix A regulations that reflect the restructured Appendix B affected by the changes in regulations. 2 Appendix C industry. However, no net change in the reporting Kern River requests clarification that burden of those affected data collections I. Introduction the companion rules are pursuant to is expected because of off-setting section 5 of the NGA. The clarification The Federal Energy Regulatory increases and decreases within each is denied. Section 5 specifically gives Commission (Commission) hereby respective data collection. FERC–545 is the Commission the power to change adopts procedural rules governing the the only data collection under which a any rule, regulation, practice or contract form and composition of interstate net change (reduction) in reporting that the Commission finds to be unjust, natural gas pipeline tariffs and the filing burden is expected as a result of the unreasonable, unduly discriminatory or of rates and charges for the changes in filing requirements adopted preferential. The Commission’s power transportation of natural gas in by the Commission in the subject final to prescribe rules, regulations and interstate commerce under sections 4 rule. statements of policy of general and 5 of the Natural Gas Act (NGA) and Interested persons may send applicability with respect to any section 311 of the Natural Gas Policy comments regarding these burden function under its jurisdiction is Act. This rule is a companion to the estimates or any other aspect of these final rule, issued concurrently, titled derived from section 402 of the ‘‘Revisions to the Uniform System of Department of Energy Organization Act 2 Five existing data collections affected by the Accounts and to Forms and Statements and section 16 of the NGA. The instant subject final rule but with no net change in industry and Reporting Requirements for Natural rule is more appropriately considered to reporting burden, are: Gas Companies’’ which amends, among be promulgated pursuant to the latter FERC–542, Rate Change and Tracking (1902– 0070); other things, the Uniform System of authorities. The changes to the Commission’s FERC–543, Rate Tracking (Formal) (1902–0152); Accounts and FERC Form No. 2. FERC–544, Gas Pipeline Rates: Rate Change The Commission intends to make the regulations are effective November 13, (Formal) (1902–0153); filing and reporting requirements reflect 1995. FERC–546, Certificated Rate Filings: Gas Pipeline recent regulatory changes, in particular II. Public Reporting Burden Rates (1902–0155); and the implementation of Order No. 636, FERC–547, Refund Report Requirements (1902– The subject final rule will effect seven 0084). and the realities of the process of a of the Commission’s existing data Under the above data collections plus FERC–545, modern rate case.1 The restructuring of collections. However, only one of these net reductions in reporting burden have totaled more than 355,000 hours to date as a result of Order 1 Pipeline Service Obligations and Revisions to data collections will have a net change No. 636. Such reductions have been reflected in Regulations Governing Self-Implementing separate clearance packages previously reported to Transportation; and Regulation of Natural Gas ¶ 30,950 (August 3, 1992); order on reh’g, Order No. the Office of Management and Budget (OMB). Pipelines After Partial Wellhead Decontrol, Order 636–B, 57 FR 57911 (December 8, 1992), 61 FERC A sixth existing data collection, FERC–542(A), No. 636, 57 FR 13267 (April 16, 1992), FERC ¶ 61,272 (1992), reh’g denied, 62 FERC ¶ 61,007 Tracking and Recovery of Alaska Natural Gas Statutes and Regulations ¶ 30,939 (April 8, 1992); (1993), appeal pending sub nom. United Transportation System (ANGTS) Charge (1902– order on reh’g, Order No. 636–A, 57 FR 36128 Distribution Co., et al. v. FERC, No. 92–1485, et al. 0129), which has conditional OMB approval on a (August 12, 1992), FERC Statutes and Regulations (D.C. Cir. Feb. 8, 1995). ‘‘standby’’ basis, is terminated under the final rule. 52962 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations collections of information, including Commission found the Agreement both Proposed Schedule C–2, Plant in suggestions for further reductions of informative and helpful as it clearly sets Service as Adjusted, showing the burden, to the Federal Energy out the positions and interests of a fairly proposed test period Adjusted Plant by Regulatory Commission, 888 First Street large representative group of pipelines function, has not been included in the NE, Washington, DC 20426 (Attention: and customers. final rule. Michael Miller, Information Services The Final Rule reflects many of the Proposed Schedule D–2, Projected Division, (202) 208–1415, FAX: (202) proposals in the Agreement. The End of Test Period Depreciation 208–2425). Comments on the suggestions concerning the restructuring Reserves Functionalized, showing the requirements of this final rule may also of Statement G, the concurrent filing of ending test period balance of be sent to the Office of Information and Statement P, and the reduction in accumulated depreciation reserve, has Regulatory Affairs of OMB, Washington, material required to support a filing, are not been included in the final rule. DC 20503 (Attention: Desk Officer for reflected in the Final Rule, as more fully Proposed Schedule E–3, which was to Federal Energy Regulatory Commission, explained in the discussion of be filed by companies with PGA (202) 395–6880, FAX: (202) 395–5167). Statement G, supra. However, the Final clauses, has not been included in the III. Background Rule does not, automatically, accord final rule. confidential treatment to Statement G, Proposed Schedule H–1(1) has been On December 16, 1994, the as proposed in the Agreement, which is modified by removing the requirement Commission issued a Notice of also discussed supra. to report the rate assigned for reflecting Proposed Rulemaking proposing a major The NOPR proposed to delete many an expense for gas used on the system. overhaul of its regulations governing filing requirements. After analyzing the Only the volumes will be required. natural gas company filing and comments in light of its current goals, Proposed Schedule H–1(2)(a), which 3 reporting requirements. The the Commission has determined to was to be filed by companies with PGA Commission is determined to issue delete even more of the current filing clauses, has not been included in the sensible regulations that impose the requirements, not include many final rule. least burden without sacrificing rational proposed filing requirements, and 4 Proposed Schedule H–1(2)(b), which and necessary protections. The further modify many other current and was to be filed by companies with PGA Commission is not changing its proposed regulations. Specific clauses, has not been included in the substantive rate policies in this reductions in reporting requirements final rule. rulemaking, but rather bringing its filing follow: Proposed Schedule H–1(3)(b), requirements and procedures up to date All the filing requirements of current Account 813, Other Gas Supply to match its current substantive policies. §§ 154.201–213 have been deleted. Expenses, has not been included in the In the interest of an expeditious process, Those regulations apply to shippers final rule. the regulations have been revised with seeking to recover charges incurred for Proposed Schedule H(2)–1 requiring a view toward removing any industry- the conditioning and transportation of the reporting of the reconciliation of wide filing burdens that are not Alaska natural gas through the Alaska depreciable plant to gas plant was generally needed to analyze a proposal. Natural Gas Transportation System incorporated into Schedule H(2). The revised regulations are designed to (ANGTS) for sale in the contiguous 48 Proposed § 154.314 provided that in provide the Commission and interested states of the United States. addition to the workpapers parties with the information generally Current § 154.38(e), requiring that the accompanying the filing, certain required to access and process a rate minimum bill heading appear on every filing. Where more information is material, related to the test period, must schedule is deleted. be provided to the Commission on needed, it may be collected on an Current § 154.67(b), requiring annual individual case basis. This achieves a request. This requirement has been reports, is deleted. removed from the final rule. Parties to realistic balance between the public Current Schedule E–5, showing the interest and the needs of the industry. a hearing may seek this information computations, cross-references and through the discovery process. The Commission received many sources from which the data used in 5 comments on the NOPR. Additionally, computing claimed working capital are IV. Discussion on August 17, 1995, AGD and INGAA derived, is deleted. A. Overview and Objectives of the Final filed joint comments to both this and Current Schedule H(1)–2, cost of 6 Rule the companion rule (Agreement). The purchased gas, is deleted. Current Schedule H(3)–1, reporting Section 4(a) of the Natural Gas Act 3 Filing and Reporting Requirements for Interstate the reconciliation of book and taxable (NGA) requires that any rate charged by Natural Gas Company Rate Schedules and Tariffs, 60 FR 3111 (January 13, 1995), IV FERC Stats. & net income for a pipeline, is deleted. a natural gas company must be ‘‘just and 7 Regs. ¶ 32,511 (1995). Current Schedule H(3)–2, reporting reasonable.’’ In order to aid the 4 This effort is consistent with the President’s the differences between book and tax Commission in establishing whether a directives in his memo dated 3/4/95 concerning the depreciation on a straight-line basis and change in a rate meets the statutory National Performance Review to, among other the excess of liberalized depreciation for standard, section 4 of the NGA grants things, eliminate or revise outdated regulations, and to move from a process that creates volumes of tax purposes, is deleted. authority to the Commission to establish regulations to issuing ‘‘sensible regulations that Current Schedule I–5, requiring procedures for the review of proposed impose the least burden without sacrificing rational information on metering points and changes. Section 4(c) of the NGA and necessary protections.’’ 5 units, is deleted. requires that a natural gas company file See Appendix B for a list of commenters. Current Schedule I–6, Three-day peak 6 Agreement Between Associated Gas Distributors proposed changes in rates with the (AGD) and The Interstate Natural Gas Association deliveries, is deleted. Commission thirty days prior to the of America (INGAA) on Issues Related to Filing Current § 154.42, dealing with the proposed effective date.8 The Requirements, filed August 17, 1995. The price of gas, is deleted. Commission may suspend the agreement was in addition to the individual Proposed § 154.309 has been modified comments provided by AGD, INGAA, and their effectiveness of the proposed changes to members. It was an attempt to resolve various by removing the requirement to report differences and reflected compromises in the ‘‘every major expansion since the 7 15 U.S.C. 717c(a). positions of AGD and INGAA. pipeline’s last rate case.’’ 8 15 U.S.C. 717c(d). Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52963 that rate for up to five months, permit The entire part 154 has been edited complete explanation of the rate the changed rates to take effect subject for clarity and to remove outdated proposal available at the outset. To to refund, and may order a hearing to references. For example, all references achieve its intended purpose of determine the lawfulness of the to filing fees have been removed expediting the hearing, Statement P proposed rates.9 At such hearing, the because fees are no longer required for must serve as the applicant’s complete company bears the burden of proof that interstate pipelines. Also, the current case-in-chief, not a mere description of the proposed changed rates are just and regulations contain some sections which proposed rates. reasonable. Part 154 imposes specific have never been updated and refer to INGAA, Panhandle, ANR/CIG, KNI, filing and reporting requirements on the Commission as the ‘‘FPC’’ or direct MRT, and Great Lakes state that the jurisdictional natural gas companies in the applicant to comply with sections proposed regulations would increase the order for the Commission to fulfill its that have been removed. The burden to the pipeline industry. statutory review functions. Commission has made appropriate Panhandle attached a study showing This proceeding represents a major editorial revisions to these sections. that the number of hours needed to overhaul of the regulations governing Some current sections contain prepare a section 4 filing would increase natural gas company filing and provisions on several different matters by 77% and the paperwork would reporting requirements. The new part and, for the sake of clarity, have been triple. Panhandle states that the study 154 incorporates both basic broken out into several smaller sections. reflects estimates of time required to ‘‘housekeeping’’ changes to eliminate For example, the provisions of current prepare a rate filing, responses to staff obsolete language and sections, and § 154.63 are redistributed throughout data requests and, the proposed substantive changes to update the the revised part 154. Current § 154.38(d) quarterly updates. Panhandle states that regulations to reflect the many (5) and (6) deal with the substantive the quarterly updates account for a developments that have taken place in rules for obtaining rate treatment for substantial portion of the increased the natural gas industry since the research, development, and burden and that 88 percent of the regulations were first promulgated. demonstration costs (RD&D) and annual increased burden could be eliminated if The revised part 154 represents the charge adjustment (ACA) expenditures, pipelines were permitted to submit reorganization, rewriting, updating, respectively. These sections are moved supplemental testimony as the need modification, consolidation, and to a separate subpart and revised. arises (i.e., Statement P does not pruning of the current regulations. The Many provisions are redrafted to represent the ‘‘sole’’ case-in-chief). changes provide for more useful and reflect the prevalent practice in the As discussed supra, the proposed less burdensome data filed in electronic industry. For example, revised § 154.208 quarterly update provision has not been format; a schedule by schedule revision formally adds to the regulations the included in the final rule. Proposed of the current § 154.63 filing requirement that the company must § 154.311 has been modified to only requirements for an NGA section 4(e) serve notice upon its customers. Revised require one update; and so, that portion general rate case; and, new filing § 154.209 sets out a new form of notice of the increased burden has been requirements for initial rates and to reflect current practice. Revised substantially reduced. Statement G and various limited section 4 filings, § 154.107 formalizes the general practice associated schedule requirements have miscellaneous tariff change filings, and of providing a detailed statement of not been expanded as proposed. Revised cost tracking filings. rates and charges in a particular location Statement G does not require the in the tariff. Revised § 154.2(d) allows customer specific information as 1. Organization and Editorial Changes mailing to customers and state proposed in the NOPR; and so, that Part 154—Rate Schedules and Tariffs commissions to be accomplished either portion of the increased burden has also has been reorganized into subparts: through electronic media or traditional been eliminated. Subpart A—General Provisions and methods. It was unclear from the material Conditions; Subpart B—Form and provided by Panhandle whether the Composition of Tariff; Subpart C— 2. Substantive Changes study considered that filing Statement P Procedures for Changing Tariffs; The changes create filing with the initial filing is an increase to Subpart D—Material to be Filed With requirements that reflect the current the filing burden. The Commission Changes; Subpart E—Limited Rate policies and regulations that mandate remains firm in the belief that the Changes; Subpart F—Refunds and unbundled pipeline sales and open- requirement for a fuller, complete Reports; Subpart G—Other Tariff access transportation of natural gas. The Statement P presented at the beginning Changes. primary objectives of the substantive of a rate case reduces the overall burden The revised part 154 is organized in changes are to update the filing and to the parties to the hearing. The such a way that the filing requirements reporting requirements to reflect Commission does not expect that this are cumulative. That is, all filings must restructured services and operations, requirement will entirely remove the meet the requirements of subpart A even streamline rate case processing by need for data requests and discovery in if no other subpart applies. All tariff receiving important information earlier all instances. However, it is the sheets or executed service agreements in the process, and remove outdated pipelines’ statutory burden to must conform to the requirements of requirements. demonstrate that proposed rates are just subpart B. Changes to tariff sheets or The revised filing requirements and reasonable. When the rates cannot executed service agreements, whether permit parties to address the important be determined to be just and reasonable additions or modifications, must issues more quickly. For example, by the filed material alone, a hearing conform to the requirements of subpart pipelines currently file their Statement must be established. This rule B and comply with the filing P testimony 15 days after filing the rate represents a concerted effort to avoid requirements of subpart C. Additional proposal. The Commission’s experience lengthy hearings. One way to expedite filing or reporting requirements is that Statement P provides the most the process is to get the information applicable to specific types of filings fall comprehensive description of the needed to make the determination under subparts D through G. proposed change. The rule requires (Statement P) to the Commission and Statement P to be filed concurrently other parties sooner than under the 9 15 U.S.C. 717c(e). with the rate case so as to make a more current regulations. This does not 52964 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations increase the burden to the pipeline but Alternatively, a shipper may recover the Section 4(c) of the NGA that every changes only the timing of the jurisdictional portion of these charges natural gas company must file with the submission. through a cost-of-service tariff approved Commission, and maintain open for Certain regulations are, as a practical by the Commission. public inspection, its schedules and matter, no longer of general interest. The The Commission has deleted these contracts.16 Commission has removed them from the regulations because the ANGTS project The Commission has deleted outdated general regulations. The regulations has not been built as originally language (i.e., ‘‘On or after December 1, concerning Research, Development, and contemplated, and the regulations are 1948’’). The Commission is removing Demonstration expenses (RD&D) for obsolete in light of the post-Order No. the electronic medium requirements example, are currently a lengthy and 636 unbundled environment. from current §§ 154.1 (b) and(c) and cumbersome part of § 154.38. These Nonetheless, the Commission remains placing them in new § 154.4. regulations were originally developed to ready to facilitate the construction of Section 154.1(c) replaces without apply to all pipelines and to any ANGTS, which Congress has found to change current § 154.22, which states number of RD&D organizations. be in the public interest.12 Hence, if that no natural gas company may file a However, in practice, there is one action is warranted in the future to new or changed rate schedule or predominant and principal research facilitate financing and progress on the contract for service for which a organization, Gas Research Institute ANGTS and the recovery of ANGTS certificate of public convenience and (GRI). Thus, the Commission has costs, the Commission will act necessity or certificate amendment must streamlined the regulations, recognizing expeditiously. What was stated in Order be obtained pursuant to section 7(c) of that GRI is the principal research No. 636–A applies here as well: the Natural Gas Act, until such organization funded by the natural gas ‘‘nothing in the rule (Order No. 636) is certificate has been issued. industry. intended to disturb the United States Williston states that § 154.1(c) only The Commission has removed the government’s commitment to the prolongs the approval process and regulations governing Purchase Gas ANGTS prebuild.’’ 13 Further, the delays implementation of services. Adjustments (PGAs) from the general Commission continues to view the Williston suggests allowing a new or regulations. As a result of the Northern Border Pipeline Company changed rate to be filed concurrently restructuring of the industry under prebuild segment as remaining subject with the certificate filing. Order No. 636, most pipelines have to the various agreements between the This section imposes no additional shed their traditional merchant United States and Canadian requirements from current § 154.22. function. At the time this rule is being governments and subsequent findings in However, the Commission clarifies that, written, only two natural-gas Commission orders certificating although a pipeline may not file to companies, Eastern Shore Natural Gas Northern Border’s system.14 Removing incorporate a rate schedule in its tariff Company and West Texas Gas, Inc., these regulations is not intended to have for which section 7(c) authorization is continue to pass through gas purchase any effect on the ANGTS prebuild required but for which section 7(c) costs under the PGA regulations.10 The revenue stream. authorization has not yet been granted, Commission will now require these it does not prohibit a pipeline from natural-gas companies to incorporate all B. The Revised Regulations proposing an initial rate in its certificate of the existing PGA regulatory The revised part 154 has a completely application under section 7(c). Since the requirements applicable to it into their new organization from the current Commission has adopted the practice of tariffs if they are not open-access by the regulations, and virtually every section granting blanket certificates for services, effective date of this rule.11 The PGA has been changed in some way. The text this provision will be applied most regulations are removed from part 154. has been edited to remove outdated and often to new companies which have not The Commission also requires the incorrect references, and rewritten in a previously been subject to the provisions governing PGAs in current more concise style. Although many Commission’s jurisdiction and do not § 154.111 to be incorporated into these filing and reporting requirements have have a tariff on file. companies’ tariffs and that section is not been changed, they have been New § 154.1(d) requires that any also removed. relocated. The revised regulations may executed service agreement which The Commission has deleted current be best understood by a comparison to deviates in a material aspect from the §§ 154.201–213. Those regulations the current regulations they replace.15 form of service agreement in a pipeline’s apply primarily to shippers seeking to Details of the revised regulations are tariff must be filed with the recover charges incurred for the provided below along with a discussion Commission. This requirement codifies conditioning and transportation of of the comments. current Commission policy.17 Alaska natural gas through the Alaska INGAA proposes various alternatives Natural Gas System (ANGTS) for sale in 1. Subpart A—General Provisions and that limit the extent to which the contiguous 48 states of the United Conditions information on contractual terms and States. Those provisions establish the a. Section 154.1 Application; conditions will be available to the terms and conditions for a permanent obligation to file. The Commission has public. tariff provision that a shipper may included as § 154.1(b) the description of Midcon urges the Commission to propose to adjust its rates semiannually the purpose of part 154, which is delete the requirements to file to flow through to its jurisdictional currently set forth in § 154.1(a). That commercially sensitive information. customers the jurisdictional portion of purpose reflects the requirement of Midcon also suggests that the proposal changes its ANGTS charges. be deleted or clarified to state that 12 Alaska Natural Gas Transportation System Act, 10 These pipelines do not provide open access 15 U.S.C. § 719–719. 16 15 U.S.C. 717c(c). transportation under part 284 of this chapter; and 13 Order No. 636–A, III FERC Stats. & Regs. 17 See, Tennessee Gas Pipeline Company, et al., so, were not subject to restructuring under Order Preambles ¶ 30,950 at p. 30,674 (1992). 65 FERC ¶ 61,356 (1993); reh’g denied, 67 FERC No. 636. 14 Northern Border Pipeline Co., 63 FERC ¶ 61,289 ¶ 61,196 (1994). INGAA, CNG, Midcon, NGSA, and 11 Eastern Shore is required by a settlement to (1993). Columbia believe that § 154.1(d) requires public apply to become an open-access pipeline no later 15 Appendix A is a finding guide between current disclosure of contract provisions and may than January 1, 1996. 72 FERC ¶ 61,176 (1995). and revised regulations. negatively affect private contracts. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52965 discount agreements do not ‘‘deviate in such as those addressing flow rates, regulation is consistent with the any material aspect.’’ Further, Midcon pressure obligations, maximum delivery statutory obligation of the Commission suggests, any such contracts must be obligations, receipt and delivery points, to review all proposed rate changes for exempt from the FOIA.18 and term would not normally be adherence to the just and reasonable Pacific Northwest Commenters urge expected to be ‘‘material’’ deviations. standard. the Commission to be more specific as Such provisions could easily be drafted d. Section 154.4 Electronic and Paper to what deviations or substantive into the fixed language of the pro forma Media. Current § 154.26 generally calls additional provisions will trigger this service agreements or a blank space for 6 paper copies and requires rate filing requirement. Columbia objects to could be provided for insertion filings to be submitted electronically. § 154.1(d) as too broad and requests that according to the agreement of the New § 154.4 continues to require the Commission clarify that specifically parties. Likewise, rates that fall between electronic media filings in addition to drafted provisions addressing flow rates, the maximum and minimum rates paper copies. Generally, it calls for an pressure obligations, maximum delivery permitted for the rate schedule would original and 5 paper copies but requires obligations, term, and other ‘‘tariff- not be considered to be material. In an original and 12 paper copies of contemplated’’ items are not ‘‘material’’ either case, there would be no deviation filings made pursuant to subpart D. deviations. from the Commission approved pro The new section consolidates in one IPAA and NI-Gas support the forma service agreements contract. place the Commission’s requirements requirement. IPAA states that the legal b. Section 154.2 Definitions. The with respect to electronic submittal of concept of materiality may depend upon Commission defines terms of general filings required by part 154. Currently, ‘‘where one resides in the food chain’’ applicability in § 154.2. The these requirements are strewn and suggests that all deviating Commission is proposing stylistic throughout part 154, often redundantly. agreements be filed. changes only to definitions for: ‘‘Rate The appendix to the NOPR included The use of forms of service Schedule,’’ currently in § 154.11, updated electronic tariff filing formats agreements as the basis of contracts ‘‘Contract,’’ currently in § 154.12, as well as tariff pagination guidelines. 21 between a pipeline and its customers ‘‘Service Agreement,’’ currently in The revised formats take into ensures that there are no unreasonable § 154.13, and ‘‘Tariff or FERC Gas consideration improvements in the differences among the rates, charges, Tariff,’’ currently in § 154.14. ‘‘Posting,’’ FASTR software which reads the tariff services, facilities, or otherwise of the currently in § 154.16, has been defined ASCII files submitted by the companies pipeline’s customers. Having made the to allow the parties to agree to to the Commission. 22 The NOPR determination that the form of service alternative methods of ‘‘mailing’’ such proposed that all companies that had agreement in the tariff is just and as electronic mail. not restated their tariffs, do so, reasonable, the Commission does not Williston states that the definition of electronically on or before June 1, 1995. necessarily have to review every ‘‘rate schedule’’ in § 154.2(e) is unclear That date has passed. Therefore, all contract to determine if it complies with as to whether a ‘‘sale of natural gas’’ companies that have not restated their the requirements of the NGA. Thus, a pertains to the price charged for gas sold tariffs must do so, electronically on or contract that conforms to a pro forma by a pipeline’s sales division. Williston before January 26, 1996. service agreement need not be filed with states that such information is Columbia seeks clarification as to the Commission because the proprietary and should not be included whether the requirement under Commission has already considered and in the rate schedule. § 154.4(a) that 6 (the NOPR had determined that the pro forma service The definition of ‘‘rate schedule’’ is proposed 6 paper copies) paper copies agreement is just and reasonable. substantially the same as in the current be filed, applies to the quarterly updates Likewise, any contract that deviates in regulation and tracks the language of the under proposed § 154.311. The quarterly a material way from a pro forma service NGA. 20 Williston has not persuaded us update requirement has not been agreement must be evaluated anew to to change the definition. included in the final rule as originally determine that it is not unjust, c. Section 154.3 Effective Tariff. The proposed; however, the paper copy unreasonable, preferential, or otherwise Commission describes the term requirement applies to any updates unacceptable. The Commission does ‘‘Effective tariff’’ in § 154.3, currently which are required. allow parties to negotiate additional § 154.21. The description clarifies that a El Paso does not support the increase mutually agreeable terms and pipeline may not avoid filing for a rate in the number of paper copies to be conditions in their service agreements, change by making the rate subject to an filed. As discussed infra, the but where the terms differ materially exception or condition, such as a Commission is suspending electronic from those in the form of service periodic rate change under a price filing of proposed changes in rates. agreement, the pipeline must seek index. At present this concept is found Until electronic filing is reinstated, the authorization for these modifications in § 154.38(d)(3). Commission will continue to require 12 from the Commission under section 4 of AGD requests clarification that paper copies of rate case data. At the the NGA. 19 § 154.3(b) is not intended to cause time electronic filing is reinstated, the The Commission agrees that incentive rates to be rejected. SoCal Commission will make any appropriate ‘‘materiality’’ is likely to vary with the urges the Commission not to prohibit adjustment to the paper copy circumstances of the case. Therefore, it index adjustments submitted as part of requirements. is better to allow the term to remain less a settlement or where supported by the INGAA states that electronic filing strictly defined in order that the facts. should be the rule; in order to receive particular facts of a given contract will The regulation does not prohibit determine whether the deviation is index adjustments or incentive rates 21 The formats for the electronic filing and paper material and needs to be filed. The when authorized by the Commission. copy can be obtained at the Federal Energy Commission also agrees that provisions The regulation only prevents a change Regulatory Commission, Public Reference and Files from occurring automatically, without Maintenance Branch, Washington, D.C. 20426. 22 On February 28, 1990, the Commission issued 18 See the discussion on confidentiality, infra. Commission authorization. The the ‘‘Notice of Tariff Retrieval System Software 19 Id. See also, Mojave Pipeline Company, 57 Availability,’’ otherwise referred to as the FASTR FERC ¶ 61,300 (1991). 20 18 U.S.C. 717c(c). software package. 52966 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations documents in another medium, the Federal Power Act. The rule, as suggest that the rule provide that a customer should have to demonstrate its proposed, would allow the Director of section 4 rate filing is not accepted for lack of ability to retrieve information the Office of Pipeline Regulation to filing within the meaning of section 4(d) electronically. ANR/CIG suggests that notify a natural gas company that its until after the end of a 15-day public the option should be the pipeline’s filing is rejected within 15 days of review period and a staff finding that where the customer is able to receive receipt of the document. Under this the filing is complete. Then, a notice information electronically. El Paso proposal, the date of receipt stamped by could issue establishing the 10-day suggests the filing of documents by the Secretary would not necessarily be comment period. electronic means such as the officially recognized filing date. NGSA suggests retaining the current telecommunications or upload to the This proposed regulation was met provision or modifying the proposal to OPR Bulletin Board. with approval by some commenters start a 15-day comment clock after the El Paso and Columbia support such as APGA, Brooklyn Union, and Director’s review period. electronic service of filings upon parties AGD. However, others such as Columbia Panhandle states that the rather than service on paper. According and El Paso object to the proposal that determination by the Director that a to Columbia, parties should be required the stamped date is not necessarily the filing is incomplete is tantamount to a to demonstrate their inability to receive filing date. INGAA seeks clarification rejection or a summary judgment. electronic service. Service could be that the date the pipeline submits its Panhandle states that filings should not accomplished through a central filing to the Secretary is the filing date be rejected if they are in substantial electronic library of filings, from which for determining compliance. INGAA compliance with the regulations. copies could be made, or through and ANR/CIG state that the Commission Panhandle states that the proposal electronic transmission through the EBB already has the authority to reject rate allows the Director to decide rate cases or other communication links. El Paso filings if deemed incomplete; so, the on isolated components without further suggests the Federal Register notice be proposal should be rejected because it proceedings. the only paper document served on may only create confusion as to the Consumers Power does not object to customers. The remaining portions of a official filing date. the Director making the determination filing should be placed on the pipeline’s Columbia argues that 15 days is more of incompleteness but believes the EBB with the ability to view and time than necessary and creates Commission should provide specific download. This enhancement to the uncertainty in trying to project and guidance as to conditions for rejection. EBB would promote timely access to place rates into effect as of a date INGAA states that the Director’s relevant information. certain. Panhandle states that the status discretion should be limited so that The Commission will not require of interventions and protests would be rejection does not take place where: in customers to accept only electronic unclear during the 15 days. Northwest/ a section 4 case, a good faith effort was versions of a pipeline’s filings at this Williams states that 7 days is sufficient made to include all of the required time. The new electronic filing for the Director’s notice. Northwest/ statements and schedules; information requirements are not yet finalized. No Williams suggests that ‘‘procedural’’ has not been provided for which a testing has been done. It will take some revisions should be allowed within 2 legitimate or routine waiver has been time before anyone can be comfortable days without effecting the filing date. sought; information is provided under with solely electronic filing. Therefore, Pacific Northwest Commenters seal with a request for confidential until all of the issues related to recommends that the Commission issue treatment. electronic only filing can be resolved, a notice that a filing is deemed Panhandle suggests modifying the parties must continue to receive paper incomplete, suspend any applicable regulation to read that the ‘‘Secretary’’ copies of the filing. As the industry dates triggered by the original filing, and shall reject any material ‘‘which gains more experience with electronic allow an additional 8 business days for patently fails to substantially comply filings, parties may elect to receive only further protests or comments. with the applicable requirements.’’ an electronic version of the filing. The Columbia proposes that a INGAA states that the proposed decision to send or receive an electronic modification permit pipelines to regulation would create practical filing should be arrived at by mutual supplement deficient filings rather than problems. If the Commission rejects a consent of the pipeline and the being rejected where the deficiency is filing and establishes another filing interested party as noted in § 154.2(d). not substantive. date, the pipeline could be in violation e. Section 154.5 Rejection of Filings. Arizona Directs sees conflict between of the requirement that the data be Section 154.5 states that filings, that this regulation and § 154.209. Arizona based upon a period ending not more would prejudice the Commission in the Directs states that there is no proposed than 4 months prior to the filing date. discharge of its duty to decide whether requirement that a filing be deemed A delay in the start of the 30-day notice or not to investigate and suspend the complete before the NGA section 4(d) period could leave the pipeline without increased rates contained in the filing, 30-day notice period begins. Arizona authorization to provide services set to will be rejected by the Director of the Directs states that it would be coincide with the expiration of old Office of Pipeline Regulation. This burdensome for customers to review, contracts. section merely recognizes, in these rate intervene, and comment upon a filing Although several commenters and tariff filing requirements, the deemed incomplete. Arizona Directs supported proposed § 154.5, most existing power of the Director of the suggests that a new comment period be commenters either opposed the Office of Pipeline Regulation to reject established with respect to the entire regulation or requested substantial tariff or rate schedule filings pursuant to complete application, not just the modifications to the proposed section. the authority delegated to the Director corrected portion. Further, public notice Because of the confusion and by the Commission in § 375.307(b)(2) of should be given whenever a filing is uncertainty that may be created by the the Commission’s regulations. deemed incomplete, and a second proposed regulation and the numerous Proposed § 154.5 replaced current notice issued designating the date the procedural problems raised by the § 154.15 with a definition of filing date filing is deemed complete and filed and commenters, the Commission is not based on § 35.2(c) of the Commission’s establishing a new intervention, protest, adopting § 154.5 as proposed. New regulations for public utilities under the and comment deadline. Arizona Directs § 154.5 is an indication of the Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52967
Commission’s intent to have the provide for those situations where an phone number which customers and Director reject filings that do not comply intervenor needs clarification or detects interested persons may call to make with the filing requirements a problem with a filing that could best inquiries about those tariffs. promulgated by this order. be resolved by a phone call. The address NI-Gas suggested that Finally, because the Commission is is required by § 154.102 to be on the communications information be not adopting proposed § 154.5, the title page of the tariff. There is no need expanded to include an address suitable definition of filing date contained in for it to also be in the transmittal letter. for overnight deliveries. Many pipelines current § 154.15 is retained in new Northwest/Williams requests use post office boxes for their general § 154.2(f). clarification whether the letter of mail deliveries, but expedited delivery f. Section 154.6 Acceptance for filing transmittal and certificate of service are services cannot make deliveries to such not approval. New § 154.6 replaces to be submitted on electronic media. locations. NI-Gas also recommends that current §§ 154.23 and 24. The rejection These items are not required to be the information should include a fax language of § 154.24 is amended and the submitted on electronic media. Section number, so that requests for additional reference to fees is deleted. 154.4(a) lists those filings that must be information can be promptly delivered g. Section 154.7 General filed electronically. As discussed in the and forwarded. Requirements for the Submission of a section on electronic filing, the NGSA recommends tariff sheets be Tariff Filing or Executed Service Commission does not intend to require clearly distinguished from each other as Agreement. Section 154.7 is a new that all filings be made electronically. being one of the following: (1) Proposed, section setting forth the content of a h. Section 154.8 Informal Submission (2) accepted but subject to refund, and tariff filing or executed service for Staff Suggestions. Section 154.8 (3) approved. It often becomes very agreement. In part, new § 154.7 reflects replaces current § 154.25. confusing as to whether the tariff being the requirements of current identified is currently effective (i.e., the 2. Subpart B—Form and Composition of § 154.63(b)(1). New § 154.7 concerns all rate currently being charged) or is to Tariff filings of tariff sheets and executed become effective on the date proposed service agreements. In light of the short a. Section 154.101 Form. Section in the filing. time period in which the Commission 154.101 replaces current § 154.32. The The Commission finds that the and interested parties have to review the Commission is proposing to eliminate proposal to add a telephone number and filing, several items have been added to the requirement that electronic media a fax number to the title page has merit. speed processing of the filing and record format duplicate the page size, The regulations currently require, on the minimize additional requests for borders, and margins of the paper copy. title page, the name and address of a information. These include an expanded The electronic filing requirements are in person to whom communications definition of the reference to the new § 154.4. In addition, the concerning the tariff should be sent. A authority under which the filing is Commission has eliminated the few pipelines provide a telephone made, addition of the name and requirement of a binder. number and/or a fax number on the title telephone number of an official able to b. Section 154.102 Title Page and page now. Inclusion of a telephone respond to questions regarding the Arrangement. Section 154.102 replaces number and a fax number on the title filing, and clarification of the contents current § 154.33. The Commission has page will be made mandatory. This of the statement of the nature, reasons, eliminated the reference to § 154.52, as modest addition should foster and basis for the filing. special exceptions are covered by new communication about the tariff. Section 154.7(a)(9) requires that the § 154.112. The Commission has also Pipelines are fairly evenly divided transmittal letter contain either a eliminated the requirement of a binder. between those who put a post office box motion, in case of minimal suspension, The Commission now requires that the number on the title page and those who to place the proposed rates into effect at numbering of sheets be as provided in put a street address. The Commission the end of the suspension period; or, a the Tariff Sheet Pagination Guidelines.23 does not believe it is burdensome to specific statement that the pipeline Currently, compliance with these provide a street address instead of, or in reserves its right to file a later motion to guidelines is optional although the addition to, the post office box place the proposed rates into effect at Commission has required use of the number.24 This suggestion will be the end of the suspension period. pagination guidelines in individual adopted. APGA supports the requirement to cases. Many companies have already The Commission will not adopt the provide a detailed statement of the voluntarily adopted the Commission’s suggestion that the tariff sheets carry nature, reasons, and basis for any rate guidelines. The Commission now makes designations as suggested by NGSA. filing. these guidelines mandatory. The Adoption of this suggestion will require Columbia suggested that the proposed guidelines provide the only means to the pipelines to make filings of tariff § 154.7(b) be modified to refer to the ensure that tariff sheets are in the proper sheets simply to change the status posting requirements of § 154.2(d) as order in the Commission’s electronic designation. This would consume sufficient service. Columbia also states database. The guidelines also provide additional pipeline and Commission that filings should be provided only to the basic knowledge necessary to create staff resources. The tariff sheets firm customers, not ‘‘affected’’ a sorting methodology for any party that available to the public at the customers. Although these suggestions wishes to create a database. Most Commission’s Washington, DC have not been adopted, the service importantly, the guidelines help to headquarters are marked in the way requirements have been further refined create a clear guide to the succession of suggested by NGSA. The electronic tariff and reduced as discussed supra. tariff sheets. sheets, in a format readable by the NI-Gas suggests that § 154.7(a)(2) be MoPSC suggests the title page of each Commission’s software, can be modified to require that the transmittal volume of a pipeline’s tariff contain a downloaded from the Commission’s letter include an address suitable for overnight delivery as opposed to a PO 23 The guidelines and electronic filing 24 Those pipelines who prefer communications to instructions for tariff sheets may be obtained at the be addressed to a post office box number may wish Box and a facsimile (FAX) number. The Federal Energy Regulatory Commission, Public to present the address information in the way Commission has required a telephone Reference and Files Maintenance Branch, Northern Border Pipeline Company does. The street number in the transmittal letter to Washington, DC 20426. address is noted specifically as the courier address. 52968 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations bulletin board system. In this format, NGSA states that the map should ‘‘total rate’’ column applies only to the the tariff sheets each carry a status identify storage, gathering, and all off- maximum rate and whether surcharges, indicator: proposed, effective, system (non-contiguous) facilities as ACA, and GRI charges are to be superseded, withdrawn, rejected, or well as ‘‘pipeline’’ facilities. included in the ‘‘total rate.’’ suspended. The tariff sheets also Industrials recommend that pipelines Section 284.7(d)(5) requires that rate indicate if the order acting on the sheets be required to serve a hard copy of schedules filed under that section must accepted the sheets subject to refund. system maps prepared in accordance state a maximum and minimum rate. c. Section 154.103 Composition of with new § 154.106, even if the parties Therefore, the summary of rates must Tariff. Section 154.103 is the agree that tariff filings may be served via show the total maximum and minimum replacement for current § 154.34. In electronic mail, in diskette form, or rates. It is preferable for all surcharges recognition of prevailing practice, the otherwise. to be added into the maximum rate and, new section specifically requires that The Commission will not adopt if appropriate, into the minimum rate. the tariff set forth all currently effective NGSA’s suggestion to require a more However, it has been the Commission’s rates. The Commission has deleted the detailed map in the tariff. A detailed past practice, in appropriate cases, to reference to special exceptions and map with the facilities NGSA wishes accept summaries of rates in which the changed the examples of classes of identified is filed annually with the GRI surcharge is noted in a footnote at service to reflect the current prevalent Form No. 2. Since the Commission is the bottom of the summary rate sheet designations. not discontinuing paper filing of tariffs, but not added into the total rate. This d. Section 154.104 Table of Contents. all parties receiving service of the tariff has been acceptable since the GRI Section 154.104 replaces current sheets are entitled to a paper copy surcharge does not necessarily apply to § 154.35 with the clarification that the unless they agree otherwise. It is up to all transactions under a rate schedule. table of contents must contain a list of the parties and the pipeline to The reverse is accepted also—the GRI the sections of the general terms and determine the terms of electronic surcharge is listed in a column and conditions. service, including exceptions to added into the total rate. In this case, a NI-Gas states that the inclusion of a electronic service. footnote states the GRI surcharge is not detailed listing of the General Terms g. Section 154.107 Currently Effective applicable in certain circumstances.26 and Conditions of the tariff in the table Rates. New § 154.107 governs the tariff To a lesser degree, the same can be said of contents will be a major improvement sheets setting forth the natural gas of the ACA surcharge. The Commission in the current practice of some company’s currently effective rates. In will not depart from past practice on pipelines. part, this new section replaces this issue. The regulations will be Columbia’s tariffs have an initial table § 154.38(d) (1) and (2). The section modified to allow the ACA and GRI of contents in the front of the tariff requires that rates be stated in thermal surcharges to be noted in a footnote. If which contains a line item reference to units, as is the prevalent practice, rather the footnote option is elected, the ‘‘General Terms and Conditions’’ and than in units of volume. charges must be stated in the footnote, APGA points out that § 154.107 lists a page number for the ‘‘General it must be clear when the charges formalizes the current practice of Terms and Conditions Table of apply,27 and the footnote must indicate providing a detailed statement of rates Contents’’ located in approximately the that these charges are added to the total and charges in a particular location in middle of the tariff, at the beginning of stated rate. a pipeline’s tariff. APGA supports this the General Terms and Conditions. Columbia, AGD, and APGA are in requirement. They state it will be Columbia seeks clarification that this is favor of the requirement to state rates in particularly helpful for customers to permissible within the context of the thermal units. APGA points out that receive a complete picture of effective proposed regulation; and, if not, many of its members and most LDCs bill and proposed rates upon the filing of a requests that the regulation be modified their retail customers on the basis of new rate case. units of volume. The use of units of heat to accept this format. Williston states that the language in content has been the standard measure The intent of requiring the sections of this section appears to be adding a level for pipelines for some time. the general terms and conditions to be of complexity to the rate schedules that Great Lakes requests that the listed in the table of contents is to is unnecessary. Williston requests Commission clarify that, for pipelines ensure such a listing appears in the clarification of a ‘‘limited rate change.’’ tariff. Columbia’s approach to the table The Commission believes that whose rates are currently stated on a of contents is acceptable. Williston misunderstands the purpose volumetric basis, inclusion of a e. Section 154.105 Preliminary of this section. The summary of rates statement of rates in thermal units Statement. Section 154.105 replaces would not appear in the rate schedule. should take place in the pipeline’s next current § 154.36 with stylistic changes This section is intended to codify the section 4 rate case. Great Lakes also asks only. nearly universal practice of placing a that the Commission clarify whether f. Section 154.106 Map. Section summary of rates on a tariff sheet or ‘‘thermal units’’ refers to dekatherms or 154.106 is the replacement for current sheets which generally appears in the to some other measurement. NGSA § 154.37. Maps must be submitted on tariff after the map. It is not part of the recommends that the rates be stated on paper and updated to reflect major rate schedule. We note that Williston’s the same basis (Mcf or MMBtu) as they changes. The new section states a summary of rates fully complies with are charged, with the units clearly preference for zones to be displayed on § 154.107.25 Proposed subpart E details separate sheets. 26 Northwest’s summary of rates reports the GRI the filing requirements for limited rate and ACA surcharges in separate columns and adds Williston states that there should not changes. To avoid confusion, the the charges into the total rate, where appropriate. be a map requirement in the tariff Commission will modify this section to Williams, in contrast, states the level and because there is a map in the FERC reference Subpart E. Northwest/ applicability of the GRI and ACA surcharges in Form No. 2. The Commission has found footnotes on its summary of rates but does not Williams asks whether the required include them in the total rate. that the presence of a map in the tariff 27 A reference to the section in the tariff where the is helpful in the process of evaluating 25 Ninth Revised Sheet No. 15 to its FERC Tariff applicability of the surcharge is explained is other provisions. Second Revised Volume No. 1. acceptable. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52969 labeled. NGSA maintains that the of extracting and marketing them as this docket were filed, the Commission proper unit for stating rates has been liquids; and (3) allow the appropriate provided access to each company’s and can continue to be determined on costs to be divided by the appropriate electronic tariff sheets on the an individual pipeline basis. throughput in volume units. Whittier Commission’s bulletin board system. 29 NGSA is opposed to a generic argues that there is no reason for a Each tariff sheet which is not pending rulemaking which mandates the use of commodity to be transported on the contains the citation to the order which a standard unit of measure in rate case same basis that it is purchased. acted on the tariff sheet. With some filings at this time. NGSA states that Whittier states that forcing pipelines careful checking, a researcher can rates and tariffs should be stated in the that are content with volumetric-based identify each tariff sheet containing a same units as charged. NGSA states that rates to change to thermal-based rates surcharge change and readily identify calculating the rates based on one unit would be making a substantive change the order acting on that sheet. of measurement and then converting in the contracts of shippers on pipelines h. Section 154.108 Composition of those rates to a different unit of that measure and bill on a volumetric Rate Schedules. Section 154.108 measurement for billing purposes basis. Whittier states that this could replaces current § 154.38. Current creates confusion. Further, NGSA states, result in reopening contracts and rates. § 154.38(d)(4), Refunds, is moved to some pipelines and shippers have Chevron, Whittier, and Kern River § 154.501. Current § 154.38(d)(5), RD&D, negotiated private contracts based on an recommend deletion of the word is moved to § 154.401. Current ‘‘Mcf’’ basis of measurement. NGSA ‘‘thermal’’ so that the proper unit for § 154.38(d)(6), ACA expenditures, is states that the proposed requirement is stating rates can continue to be moved to § 154.402. Current a substantive change in the determined on an individual pipeline §§ 154.38(d) (1) and (2) are revised and Commission’s rate policy which was not basis. moved to § 154.107. Current the purpose of this rulemaking. NGSA A significant majority of pipelines § 154.38(d)(3) is moved to § 154.3. states that in order to protect the due state their rates on the basis of either Current § 154.38(e), minimum bill, is process rights of all parties, any MMBtu or Dth. Only a few pipelines deleted. Commission imposed change in continue to state their rates in Mcf. 28 Williston objects to the requirement measurement standards should be The Commission earlier adopted the that pipelines provide a description of implemented on an individual pipeline, MMBtu measurement base for all the calculation of the monthly charges on a prospective basis, when the reports submitted under part 284, in for each rate component. It argues this pipeline files its next major rate case. § 284.4. The change to the regulations in would cause a pipeline’s tariff to NGSA states that conversion to the this rulemaking expands on the become even more voluminous and thermal units will not be a simple Commission’s earlier action and reflects onerous without serving any useful process. Therefore, NGSA states, parties the prevalent practice in the industry. purpose. Williston requests that the should be able to present the issues of The Commission recognizes that some Commission eliminate this proposed material fact brought about by such companies perceive a hardship in requirement. conversion in the context of a full switching from Mcf to Dth or MMBtu. Section 154.108 merely formalizes evidentiary hearing, wherein disputes as However, the Commission also current practice. Virtually all current to the methodology of conversion may recognizes the ongoing industry concern tariffs include a section in the rate schedules explaining how the rate is to be resolved. with standardizing certain practices as be applied to derive monthly billings. Kern River objects to the proposal and expressed at the EBB conference held on This section of the tariff is essential to states that changing measurement September 21, 1995. Standardizing determining the accuracy of a shipper’s standards at this time from volumetric industry practices, such as stating rates bill. Under current practice, this section to thermal would be a substantive in thermal units, facilitates cross- provides both a textual description of change and would needlessly put it to pipeline business. Accordingly, the the components of the rate and the the expense of converting its tariff, Commission will maintain this standard contracts, and business systems. mathematical method to determine in the regulations. However, in light of Whittier adds that, at a minimum, charges each month. The Commission the difficulties expressed by some individual pipelines, like Kern River notes that almost all pipelines appear to pipelines, the Commission does not should be permitted to be exempt, if the comply with this regulation already. intend to actively enforce this section thermal billing mandate would impair i. Section 154.109 General Terms and until one year after the effective date of individual shippers. Kern River states Conditions. Section 154.109 replaces this rule. that if the final rule requires billing unit current § 154.39. The company’s NGSA recommends that the rate uniformity, then the new § 154.107 discounting policies are added to the sheets should state the amount of each should be modified to require only tariff. applicable surcharge and include a volumetric billing units. AGD, NI–Gas, and the LDC Caucus Whittier states that volumetric billing citation to the docket in which such support the proposed requirement that is good policy because volumetric rates; surcharge level was accepted by the the pipeline set forth in its tariff its (1) Equitably allocate to shippers the Commission. The Commission will not discount policy and the order in which capital and operating cost of the adopt NGSA’s suggestion that the each pipeline charge will be discounted. pipeline on the basis of the units summary statement of rates include the The LDC Caucus states that this would actually transported; (2) allow shippers citation to the docket in which each assist customers in ensuring that the efficiently to use their contracted space surcharge level was accepted. This pipeline’s discount policy is to transport as many Btu’s as the quality would add a great deal of complexity to consistently applied and that specifications allow, and gas suppliers the summary statement of rates. The adjustment to rates to reflect discounted are able to optimize the economic information NGSA is interested in is revenues are proper. efficiency of their own facilities by available publicly. Since comments in making the economic decision whether 29 Pipelines began filing electronic versions of 28 Approximately a dozen pipelines continue to their tariff sheets with tariff sheets effective to leave liquefiable hydrocarbon gases state their rates in Mcf. Another five state their November 1, 1989. Some of the tariff sheets filed in the gaseous form and transport them reservation rates in Mcf but state their usage rates early in the process are contained in separate in the gas pipeline or to incur the cost in Dth or MMBtu. archive databases. 52970 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
INGAA supports a requirement of that pipelines must be able to evaluate The requirement, in § 154.109(b), for providing broad policy statements by each proposal to finance and construct a general statement of the pipeline’s pipeline companies concerning lateral facilities on a case-by-case basis. policies on laterals formalizes the nondiscriminatory discounts but objects Great Lakes states that no set policy can Commission’s policy of assuring that to disclosure of management policies or contemplate all of the factors which laterals are built on a non- any specific order in which rate contribute to a pipeline’s decision to discriminatory basis. By placing the components would be discounted. The finance and construct these facilities. general policy in the tariff, parties may statement specifying the order in which Great Lakes states that a pipeline’s more effectively monitor its application. each rate component will be discounted decisions with regard to laterals are j. Section 154.110 Form of Service must be in accordance with Commission public knowledge since the financing, Agreement. Section 154.110 replaces policy. This proposed regulation could cost, location, and customer information current § 154.40 with the addition of be interpreted to require pipelines to related to the construction of any lateral receipt points as an item for insertion on disclose the order in which each rate facilities are disclosed in a pipeline’s the form when appropriate. component will be discounted. This certificate application. Great Lakes state k. Section 154.111 Index of portion of proposed § 154.109(c) that the Commission and others have Customers. Section 154.111 replaces reduces pipeline rights and flexibility as the ability to determine whether or not current § 154.41, Index of Purchasers, granted in Order Nos. 436 and 500. a pipeline is unduly discriminatory in but with applicability specifically Great Lakes, Columbia, KN, MRT, and its decision regarding the financing and limited to natural gas activities not Panhandle concur. construction of laterals and so, proposed subject to part 284 of this chapter. The Panhandle and Great Lakes state that § 154.109(b) is not necessary for Commission has expanded the Index of a company’s discount policy is regulatory purposes. Customers to include all firm commercially sensitive information. Section 154.109(c) merely formalizes transportation services and contract Disclosure of this information may the Commission’s policy on recognition demand for each customer for each rate interfere with a pipeline’s ability to 30 of discounts as enunciated in Natural. schedule. In the order issued in compete in the marketplace, thwarting Under the policy, the pipeline must Tennessee Gas Pipeline Company’s the Commission’s goals in Order No. recognize discounts in a specified order. restructuring proceeding, 32 the 636 to foster competition and provide The first item of the overall reservation Commission clarified that current natural gas transportation service to the charge discounted will be the GRI § 154.41 is not limited to the customer which values it most. Great surcharge (for member pipelines), requirement to file sales-related Lakes submits that a general statement followed by the base rate reservation information. The changes here make of policy will meet the Commission’s charge, Account 858 or other Order No. that interpretation explicit. Some intent without requiring the disclosure 636 transition cost surcharges, and, last, pipelines have provided contract of commercially sensitive information. all GSR reservation surcharges. Other Columbia argues the proposed demand information on a voluntary non-transition reservation surcharges requirement is too broad. Columbia basis before this. The information has will be attributed as agreed by the notes that pipelines are already subject proven valuable to the Commission in pipeline and its customers in individual to nondiscriminatory standards with analyzing pipelines’ filings and in proceedings. 31 respect to the granting of discounts, and eliminating additional requests for In adopting the policy in Natural, the must post/disclose discounts to information. Commission saw the need for a generic affiliates. Columbia requests deletion of Pipelines that offer services under methodology to recognize discounts in a this requirement to the extent it requires part 284 of this chapter, exclusively or setting forth the ‘‘manner’’ in which transition cost recovery filing. The in addition to services authorized under rates are discounted. Commission enumerated the advantages part 157 of this chapter, must comply of its policy as follows: with the requirements in the companion KN fears that this provision would • allow each pipeline to review the Maximize the pipeline’s recovery of rulemaking instead of this provision. In discounting policies of other pipelines transition costs from its discounted the companion rulemaking, pipelines customers, providing service pursuant to part 284 that compete with it for business. KN • states that the disclosure rule would Minimize the need for a subsequent of this chapter, provide an Index of serve to reward those pipelines that are true-up to implement the Commission’s Customers on their electronic bulletin evasive or simplistic in their policy policy of permitting full recovery of board (EBB). As an interim measure, we transition costs, will require pipelines providing statements and would punish those that • are more descriptive or detailed. KN Ensure transition costs are spread as transportation service under part 284 to evenly and widely as possible, and comply with the Index of Customers states that there is no valid competitive • purpose served by compelling pipelines Minimize discount adjustments in requirements as set forth in § 154.111 to reveal all their discount policies. periodic filings. until the electronic index is MRT fails to see the relevance of this implemented. provision. MRT states that pipelines 30 Natural Gas Pipeline Company of America Panhandle recommends that the already file discount reports and report (Natural), 69 FERC ¶ 61,029, (1994), reh’g, 70 FERC ¶ 61,317 (1995). Policy applied in ANR, 69 FERC Index of Customers requirement remain marketing affiliate discounts on their ¶ 61,322 (1994), and Tennessee, 69 FERC ¶ 61,094 the same as that contained in the Electronic Bulletin Boards. MRT states (1994). Policy applied to interruptible current regulations. Panhandle objects that this provides sufficient information transportation in Southern, 69 FERC ¶ 61,093 to the expansion of the index as being for both the Commission and the (1994), and MRT, 69 FERC ¶ 61,112 (1994). anti-competitive. Panhandle objects to 31 In Algonquin Gas Transmission Company, 69 pipeline’s customers to monitor the FERC ¶ 61,105 (1994), the Commission clarified its the inclusion of the term of each discounts a pipeline is granting. policy with respect to surcharges designed to contract, arguing the duration of the Great Lakes also states its opposition collect costs in Account No. 858. If the Account No. contract is sensitive information. to the proposed section requiring the 858 costs at issue are not Order No. 636 transition Further, Panhandle believes this costs, but relate to upstream capacity retained by pipeline to state in its general terms and the pipeline for operational use and are embedded conditions its policy for financing and in the pipeline’s base rates, the policy announced 32 Tennessee Gas Pipeline Company, 65 FERC ¶ constructing laterals. Great Lakes states in Natural does not apply. 61,224 (1993). Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52971 information serves no valid regulatory easily accessible data regarding increase to identify (a) the new rate purpose. customers’ contract levels and contract being proposed by rate schedule and (b) Columbia objects to the requirement terms could hamper the Commission’s for each proposed new rate the rate to include contract demand for each ability to assess the impact of this which represents the refund floor or customer for each rate schedule in the phenomenon on the industry. The index ‘‘last clean rate.’’ AGD states that this Index of Customers. Columbia believes will provide key data for this purpose. information should be presented in a public disclosure of such commercially- The Index of Customers which is the simple, easy-to-understand format such sensitive information unfairly places subject of this section will be included as a chart or matrix so that interested pipelines and their customers at a in the tariff. Currently, the tariff is filed parties can quickly find in one place the competitive disadvantage in the both electronically and on paper. rate levels which quantify the totality of marketplace. Therefore, AGD’s suggestion is moot. the applicant’s rate increase proposal. AGD supports the provision and We will not require the pipelines Pipeline rate changes are routinely suggests that this information should be offering service under part 284 to made in response to various factors. provided in both print and electronic maintain the Index of Customers in both Some of the resultant adjustments are media in order to facilitate its full use their tariff and on their EBBs. It is the made effective subject to refund. AGD by interested parties. AGD recommends Commission’s intention to reduce the state that these circumstances have the that the regulations be amended to filing burden on the pipelines. Access to effect of obscuring the underlying rate require each pipeline to provide a sum the Index of Customers through a and that AGD’s recommendation is of the MDQ contract levels by rate downloadable file or through the tariff intended to simplify the task of the staff schedule, at least in the paper copy of should be sufficient. The Commission and the pipeline customer in the index of purchasers. This will hold future conferences on the discovering what rate is proposed and information is valuable because it appropriate format for the electronic what portion of that rate is already facilitates analysis of billing Index of Customers. subject to change as a result of some determinants in rate cases and between The language originally proposed in regulatory contingency. rate cases. § 154.111 required the index to be AGD also suggests that many The Pacific Northwest Commenters updated coincident with the filing of the pipelines follow a practice of providing urge the Commission to continue to Form No. 2 and Form No. 11. At the to their customers a quarterly statement require that the tariff include a time, Form No. 11 was proposed to be summarizing the currently effective reasonably current index of all firm filed semi-annually. In our companion tariff sheets. This practice should be customers. Pipelines should be required rulemaking, we are revising the Form required of all pipelines as it is an to provide a completely current No. 11 and requiring it to be filed efficient mechanism for keeping abreast customer index on their EBBs—but on quarterly. In light of the change to the of the developments affecting pipeline a semi-annual basis the pipeline should frequency of the filing of Form No. 11, services. still file updated indices or firm we will remove the reference to Form Subpart B sets out the proper contents customers in their tariffs. No. 11 and modify the language in this of a pipeline’s tariff. AGD’s suggested Consistent with the action being taken section to preserve the semi-annual in the companion rule, the Index of schedule originally contemplated. summary appears in § 154.7(a)(6) which Customers will include the full legal l. Section 154.112 Exception to Form requires ‘‘a summary of the changes or name of the shipper, the rate schedule and Composition of Tariff. Section additions made to the tariff’’ to be number of the service under contract, 154.112(a) replaces current § 154.52, but included in the statement of the nature, the effective date of the contract, the deletes those paragraphs dealing with the reasons, and the basis for the filing. termination date of the contract, and the the sale of gas or purchased gas cost Thus, what AGD seeks is already maximum daily contract quantity under tracking. Because the requirements of required. No additional language needs the contract. § 154.101 (Form) and § 154.102 (Title to be added to the regulations. We will not adopt Columbia or page and arrangements) are applicable, AGD’s suggestion that the pipeline Panhandle’s recommendations. As we § 154.112(a) does not refer to those identify the last ‘‘clean rate’’ when it note in our companion rulemaking, the matters. proposes an increased rate has merit. index will contain fundamental data Section 154.112(a) specifies that The identification will assist the about the natural gas industry—how special rate schedules for service under Commission and other interested parties much of the pipeline’s capacity shippers part 157 of this chapter are to be in determining the level of potential have under firm contract. This included in FERC Volume No. 2. refunds if the proposed rate is information is basic to the Section 154.112(b) mirrors the provision suspended and ultimately found unjust Commission’s understanding of events in § 154.1(d) which requires that or unreasonable. It will also alert taking place in the industry. With this contracts that deviate in any material interested parties to the fact that the information, the Commission will aspect from the form of service underlying rate may also be in effect remain apprised of trends in the agreement must be filed with the subject to refund. Proposed § 154.7(a) industry, the willingness of shippers to Commission. 34 Section 154.112(b) also was modified to require that the letter hold firm capacity, the average length of requires that such contracts be of transmittal identify the last rate found time capacity remains under contract, referenced in FERC Volume No. 1. to be just and reasonable that underlies the proportion of capacity rolling over m. Miscellaneous Subpart B the proposed rate. under evergreen provisions, etc. Comments. AGD commented that The NGA requires a pipeline to ‘‘keep Pipelines are beginning to deal with proposed Subpart B should be open in convenient form and place for complex issues related to shippers’ supplemented to include a provision public inspection, schedules showing contracts coming up for renewal in the requiring a pipeline seeking a rate all rates and charges for any post restructuring period. 33 The lack of transportation or sale subject to the 34 The language proposed in the NOPR for jurisdiction of the Commission, 33 For example, Transwestern Pipeline Co. § 154.112(b), which would require the filing of * * *’’ 35 Historically, this provision recently filed a settlement in Docket No. RP95–271– contracts ‘‘that do not conform to the form of 000 to deal with the turn back of significant service agreement’’ has been changed to be amounts of capacity by a key customer. consistent with the provision of § 154.1(d). 35 15 U.S.C. 717c. 52972 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations has not been interpreted as requiring applies to all changes in text and Eliminating the possibility of any data pipelines to provide periodic copies of numbers whether substantive or not. requests concerning the pipeline’s rate effective tariffs to each customer. The Williston states that § 154.201(a) calculations would restrict the parties’ Commission notes that much more can should not apply to maps. The options unnecessarily. be done through electronic means, regulation requires that changes in text Pacific Northwest Commenters urge today. As a result, the Commission and numbers be marked. This includes the Commission to require that each makes available through its electronic text and numbers on pages containing filing contain a summary customer bulletin board system, each pipeline’s maps. Whenever possible, text and impact comparison setting forth the complete tariff for downloading. As this numbers on maps should be marked in amounts paid by customers under the information is available through the the same manner as text and numbers current rates based on the most recent Commission’s EBB, we will not require elsewhere in the filing. However, the test period determinants compared to the pipelines to send their customers a Commission recognizes that maps are what they would pay under the copy of the pipeline’s current tariff on often produced in such a fashion that proposed change based on the same a quarterly basis. this is not practical. In such cases, the determinants. Statements G–1 and G–2 text and numbers on maps may be provide this information. The 3. Subpart C—Procedures for Changing marked in any clear fashion. Further, Commission will not require the Tariffs the Commission is not specifying any pipeline to provide an additional a. Section 154.201 Filing particular method for marking changes customer impact comparison. There Requirements. New § 154.201(a) is a to boundary lines, symbols, and should be sufficient information replacement for current representative drawings. Such changes available through the filing to allow § 154.63(b)(1)(v), Marked Versions of may also be demonstrated in any clear each customer to conduct its own Tariff Changes. The new section fashion. comparison. clarifies that changes to both text and NI-Gas supports § 154.201(b). NGSA Pacific Northwest Commenters numbers must be marked. New approves of 201(b) (2) and (4). Columbia request that the current provision in § 154.201(b) is a replacement for current states that while it supports adherence § 154.63(e)(1) that pipelines include § 154.63(e)(4), Workpapers and to principles of disclosure and open material reflecting rate fixing Supporting Data. The intent of this communication with Commission staff adjustments in accord with Commission regulation is to ensure that all and parties concerning calculations and orders be included here. AGD mathematical calculations are complete workpapers, Columbia avers that this recommends that the regulation require and logically follow from the first regulation is too broad and subjective. a description of any Dth-mile study calculation to the last; so that, anyone Columbia states that the determination relied upon by the applicant for the rate attempting to recreate the calculations whether the calculations are complete change. can do so. This requirement will also and logically follow so that anyone can The regulations already require that ensure that any numbers that are not recreate them, is a subjective standard the pipeline provide documentation to directly from the company’s source which is particularly onerous given that support proposed changes. It is not documents are explained. an incomplete filing may be rejected necessary to list each and every Other parts of current § 154.63 are pursuant to § 154.5. document that might be needed for such revised and distributed elsewhere in The Commission disagrees with support. It is the pipelines’ revised part 154. Columbia. It has been the Commission’s responsibility to provide the documents Northwest/Williams requests experience that pipelines have not that prove that its proposed rate change clarification as to when the filing always included all of the calculations is just and reasonable. requirements of subpart C or D apply. necessary to support the proposed rate The Commission modified proposed The confusion over the applicability of modification even though the pipeline § 154.301(c) to reinstate the original subparts C and D turns on the inclusion must have these calculations in order to language regarding alternate material of the section titled ‘‘Changes in rate establish the rates in its filing. The lack reflecting rate fixing adjustments. A schedules, forms of service agreements, of these calculations causes unnecessary regulation requiring a description of the or the general terms and conditions,’’ as delay and raises questions about the Dth-mile study will not be adopted. proposed in subpart D, § 154.301. Some filing. It is impossible for the parties to b. Section 154.202 Filings to Initiate a of subpart C applies to all changes to a determine if the proposed rate is just New Rate Schedule. New § 154.202 tariff or executed service agreement, and reasonable if the calculations are replaces current § 154.62. The new such as § 154.201 and the notice, incomplete or unexplained. section does not apply to initial service, and protest requirements. There Section 154.201(b) serves two executed service agreements. Very little are other sections in subpart C which purposes: it gives specific guidance to data is currently required to support an have a more limited scope, such as the the pipeline as to what is needed to initial rate schedule or executed service provisions for submission of new rate fulfill the pipeline’s obligation to agreement. Because many services are schedules, filing of compliance filings, support proposed rates; and, it gives now provided under blanket and changes to suspended tariffs. The interested parties useful information in authorizations, there is no review prior subject section is better positioned in a timely manner. This regulation should to the tariff filing. Thus, the current subpart C since it applies when a reduce the necessity for data requests. filing requirements are no longer pipeline submits changes to specific Columbia states that if this regulation consistent with the needs of the portions of the tariff. Subpart D applies is promulgated, pipelines should not be Commission for reviewing new rate to changes in rates other than those subject to additional data requests about schedules. The new section relates to described in subparts E, F, G, and H. To calculations. Columbia’s suggestion is the requirements for a new rate avoid any confusion, the subject section not adopted. The Commission cannot schedule under the blanket authority is now § 154.204 in Subpart C. anticipate all of the information the granted under part 284 of this chapter NI-Gas supports § 154.201(a) but seeks parties may need in a rate case. It would as well as to other initial filings. clarification that all changes be marked, be improper to generalize that, under NI-Gas states that not just substantive changes. The any circumstances, no pipeline would § 154.202(a)(1)(iv)(B) should be Commission clarifies that the regulation be subject to additional data requests. expanded to include information on Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52973 surcharges and crediting. On the other filings. No change needs to be made to conditions of a tariff. 36 Such filings hand, Williston states that § 154.202(a) the regulations to accommodate must explain the necessity for the should be deleted because it requires Panhandle’s position. This regulation change and the impact on existing filing data not previously required, is creates an obligation applicable to customers. burdensome, and prolongs review by initial rates and rates and charges for NI-Gas states that the inclusion of the staff. services under a blanket authorization. information required in §§ 154.204 (b) Section 154.202(a) requires the Any proposed rate or charge that differs and (c) will help in the timely analysis pipeline to file basic information about from the rate or charge approved in a of tariff changes by interested parties. the proposed service which the section 7 proceeding is governed by NDG supports the proposed Commission needs to know to make an § 154.202(b)(2). requirement that the filing company informed and timely decision. The c. Section 154.203 Compliance must include with its filing an current regulations are adapted for Filings. Section 154.203 is a new section explanation of why the proposed change individually certificated services where addressing filings that are made to is necessary and the impact on existing the information would be provided in comply with a Commission order. customers. NDG also believes that the certificate proceeding. Section Filings made to comply with several additional filing requirements 154.202(a) recognizes the transition Commission orders must include only would further improve the rate review from individually certificated services those changes required to comply with process, including requiring the to blanket certificates. It requires less the order. Such compliance filings must distribution of workpapers provided to information than previously required for not be combined with other rate or tariff FERC staff in support of a filing to an individual certificate application. It change filings. A compliance filing that customers. Pipelines should be required is designed to provide Commission staff includes other changes or that does not to (1) allow interested parties to notify and others with enough information to comply with the applicable order in the filing pipeline that they wish to review the rates and charges for an every respect may be rejected. receive a copy of the workpapers on the initial service or service provided under APGA and NI-Gas support this filing data, and (2) include with the a blanket certificate authority. By regulation. copy of the filing served on interested requiring pipelines to submit this Pacific Northwest Commenters states parties a notice describing the content of necessary information when they make that compliance filings should be the workpapers. their initial filing, the Commission designated and noticed as such, and It is unclear to what workpapers NDG avoids the need to formulate data recognized as not mandating action refers. All workpapers referred to in requests which only delay the within 30 days. The form of notice now § 154.204 are to be submitted as part of proceedings. requires the pipeline to designate the filing. Thus, the pipeline is already NI-Gas’ interest in the applicability of compliance filings. required to submit all workpapers. CNG believes that § 154.203(b) lacks surcharges to the new service is Generally, Columbia does not object flexibility. CNG states that an alternate understandable. However, no to the requirements of this section. or creative response to a Commission modifications to the proposed However, Columbia believes that much requirement may obviate the need for a regulations are necessary to accomplish of the requested information is rehearing request or court appeal. CNG NI-Gas’ goal. Section 154.107 requires irrelevant to many tariff filings e.g., argues that including related rate or all surcharges applicable to a service to workpapers showing the estimated tariff changes in a compliance filing be displayed on the tariff sheet showing effect on revenues and costs over a 12- currently effective rates. If a new rate is saves parties time and money. On the other hand, Brooklyn Union requests month period. proposed for the new service, a separate The requirements of § 154.204 are line or lines will appear on this tariff confirmation that compliance filings that do not conform to the applicable generally applicable. Further, the sheet. All applicable surcharges would specific requirement to which Columbia be displayed in separate columns as order in all respects will be rejected. The regulation states that a refers has been a longstanding provided under § 154.107(d). Therefore, requirement for filings for changes other the surcharges applicable to the new compliance filing that includes other than in rate level. 37 However, if a service would be discernible. The changes or that does not comply with particular requirement does not happen Commission does not believe it is the applicable order in every respect to apply, a statement to that effect is all necessary to expand the list under ‘‘may be rejected.’’ In practice, the that is necessary. proposed § 154.202(a)(1)(iv) to list all of Commission regularly rejects filings that e. Section 154.205 Changes Related to the possible affects of a new service go beyond the order. The Commission Suspended Tariffs, Executed Service upon existing shipper services since the chose not to use the phrase ‘‘will be Agreements or Parts Thereof. Section regulations state that information is to rejected’’ in order to allow for some 154.205 replaces current § 154.66.38 The be provided is ‘‘including but not flexibility to accommodate minor change adds two exceptions to the rule limited to’’ the specific information variations in special and rare prohibiting tariff filings during a noted. Any additional affects on existing circumstances. However, the suspension period. The exceptions are service would be covered by this Commission will not accept any inclusive phrase. compliance filing that contains any ‘‘changes made under previously Panhandle states that the regulation substantive difference from the accepted tariff provisions permitting should be clarified to establish that only underlying order. periodic limited rate changes’’ and where a pipeline is proposing to change d. Section 154.204—Changes in Rate ‘‘accepted limited rate changes.’’ a rate previously established in the Schedules, Forms of Service Section 154.205 recognizes that the section 7 proceeding should there be a Agreements, or the General Terms and Commission allows periodic limited section 4 obligation. Section 154.202(b) Conditions. Section 154.204 provides rate changes pursuant to accepted tariff states that where a rate, service, or distinct requirements for filings to 36 facility is certificated under section 7, change rate schedules, forms of service This regulation appeared in the NOPR as agreements, or the general terms and § 154.301. the tariff sheets filed to implement the 37 See § 154.63(b)(2). terms of the certificate must comply 38 This regulation appeared in the NOPR as with the requirements for compliance § 154.204. 52974 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations provisions and ACA and GRI surcharge data for that portion of the test period requisite motion unless the pipeline changes to take place during the period occurring after the date the pipeline reserves the right to file a separate of suspension. This reflects current must make the motion rate filing. motion. This recommendation has not Commission policy. Columbia stated that this would only be been adopted. Unless the pipeline Williston commented that the acceptable if the Commission accepted reserves the right to file a separate provision in current § 154.66 providing such estimates as of the end of the test motion, it must include a motion in the that a proposed tariff or executed period. transmittal letter. service agreement may be withdrawn CNG and Columbia recommended no JMC requests clarification that rates during the suspension period with change to the current practice of for separate, distinct classes of special permission should be retained. allowing pipelines to file motion rates customers need not be suspended for That provision has been reintroduced one day before the effective date. CNG the same time period nor be combined into the final rule. commented that the current rules work together for purposes of determining f. Section 154.206 Motion to Place well but the proposed rule would whether the proposed rate is a decrease Suspended Rates Into Effect. Section require pipelines to rely on estimated or increase. The Commission’s policy is 154.206 replaces current § 154.67(a).39 plant balances in determining the level that customers should only pay for the Current § 154.67(b), Reports, is deleted. of plant in service at the end of the test services they receive. Rates need not be This section requires that, when rates period. Further, CNG stated, the aggregated for the purpose JMC have been suspended for more than a pipeline would be unable to determine suggests.40 minimal period and the Commission the status of negotiations 30 days in the The revised regulation is consistent has ordered changes or the rates include future, and would be compelled to move with current Commission practice and costs of facilities that are not in service, to make the rate increase effective at the the purposes of the NGA. Section 4(e) of the motion to place suspended tariff earliest possible date. In the alternative, the NGA authorizes the Commission to sheets into effect must be filed at least CNG states, the longest notice period suspend operation of a schedule and one day prior to the date the sheets are should be 6 to 10 days. defer the use of a rate pending a hearing to take effect. A motion is required In light of these comments, the ‘‘but not for a longer period than five where: The Commission has ordered revised regulation has been modified to months beyond the time when it would changes; the rates include facilities that be consistent with the current practice otherwise go into effect.’’ 41 If the are not in service; or, the transmittal of allowing pipelines to file motion rates proceeding has not been concluded and letter specifically reserves the pipeline’s one day before the effective date. an order made at the expiration of the right to file a motion. However, individual suspension orders suspension period, the proposed change Section 154.7(a)(9) adds a new may require pipelines to make shall go into effect ‘‘on motion of the compliance filings earlier, to reflect provision whereby the transmittal letter natural gas company making the changes required by the Commission. must include either a motion to place filing.’’ 42 The NGA continues that suspended rates into effect, or a specific Columbia states that § 154.206(c) should not state ‘‘for less than one day,’’ refunds may be ordered ‘‘where statement that the pipeline reserves its increased rates or charges are thus made right to file a later motion. If the but ‘‘for one day.’’ JMC suggests a 43 change to ‘‘one day or less.’’ effective.’’ Historically, the pipeline includes a motion in its Commission has considered the transmittal letter, then the proposed Pacific Northwest Commenters suggest that the Commission retain the suspension of a rate as a necessary step rates will go into effect at the end of the to assure that refunds may be ordered minimal suspension period. If the motion filing requirement for all suspensions of more than one day and when appropriate. pipeline specifically states that it When the maximum five month reserves its right to file a later motion, delete the requirement for suspensions of one day or less. To comply with suspension is applied, the earliest the then the proposed rates will go into rates will become effective is on the day effect only after such later motion is section 4 of the NGA, Pacific Northwest Commenters argue that the Commission after the date the motion filing is made. filed. Also, if a pipeline fails to comply Where the rates have been suspended with § 154.7(a)(9) by not including should issue an express blanket grant of a motion for any filing suspended for for the maximum period, there is either a motion or a statement, the sufficient time for the pipeline to proposed rates will not go into effect one day or less. Pacific Northwest Commenters state that this approach modify its proposal, if necessary, and until the pipeline files a motion. file the motion. However, as a practical APGA requests that § 154.206(a) be would recognize the past practice of matter, where rates have been amended to make the form of motion generally suspending rate increases for suspended for a minimal period as clear. However, the Commission does 5 months and other changes for less allowed under the statute, a hearing not believe that it is necessary to than one day. Thus, a pipeline could could not possibly be concluded by the standardize such a motion. delay implementation where parties are The NOPR had proposed that when resolving issues through negotiation. expiration of the period. This regulation rates have been suspended for more Pacific Northwest Commenters state that allows the pipeline to specify whether than a minimal period and the automatic implementation of a rate or not the filing itself acts as a motion. Commission has ordered changes or the increase would restrict this flexibility. g. Section 154.207 Notice JMC supports the proposal to Requirements. Section 154.207 replaces rates include costs of facilities that are 44 not in service, the motion to place formalize the Commission’s practice of current § 154.22 and § 154.51. The suspended tariff sheets into effect must not requiring a motion when rates are new section applies only to proposed be filed no less than 30 days nor more suspended for a minimal period. changes. Reference to former § 154.5, than 60 days prior to the date the sheets Panhandle states that the NGA 40 would take effect. Columbia commented requires that suspended rates only go See Tennessee Gas Pipeline Company, 62 FERC into effect upon motion by the pipeline. ¶61,250 at 62,642 (1993). that the proposed requirement would 41 15 U.S.C. 717c(e). cause pipelines to estimate test period Panhandle recommends that when the 42 Id. suspension period is minimal, the 43 Id. 39 This regulation appeared in the NOPR as regulations should recognize that the 44 This regulation appeared in the NOPR as § 154.205. transmittal letter constitutes the § 154.206. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52975 which is no longer in part 154, is pipelines to provide state commissions middle ground between requiring removed. and customers with notice of a filing 30 service of a complete filing and service h. Section 154.208 Service on days prior to the filing date. of just the transmittal letter. The Customers and Other Parties. New Michigan and New York would like pipeline must provide the full copy § 154.208 formally requires the filing the pipelines to be required to serve within 48 hours if requested. company to serve its customers and both the state commission and the Additionally, the pipeline must comply state regulatory commissions on or designated counsel by the next day. with any customer’s standing request to before the filing date. 45 The regulation Pacific Northwest Commenters points receive a complete filing as the initial requires that all customers and state out that ‘‘service’’ under § 385.2010 served filing. Customers are defined as commissions receive an abbreviated (Rule 2010) may consist of merely customers of the pipeline with a form of the filing. Customers and state depositing the filing in the mail which contract for service as of the date of the commissions with an interest may then may take 3 or 4 days for delivery. To rate case filing. While reducing the request a full copy. The pipeline must assure that customers get more timely filing burden to the pipeline, this course provide the full copy within 48 hours. notice and may prepare more complete assures that all interested parties receive However, pipelines must comply with comment and analysis, they suggest that complete notice adequate to making any customer’s standing request to pipelines be required to certify that informed decisions about the proposal. receive a complete filing as the initial arrangements have been made to assure Also, those parties that desire service of served filing. receipt by customers no later than the complete filings can make a standing The NOPR invited comments on next business day, that customers elect request for such service in lieu of the whether the informational needs of whether to receive full service or just abbreviated and 48-hour follow-up customers and state regulatory transmittal letters, and that customers services. commissions would be adequately be able to designate two representatives i. Section 154.209 Form of Notice for fulfilled if the filing company was only to receive service. They also request that Federal Register. Section 154.209 required to serve the transmittal letter the Commission require pipelines to replaces current § 154.28.46 The and provide the rest of the filing upon provide service of orders in specific modified form reflects current practice. request. Some pipelines have used this cases in lieu of Commission service. The form has been changed from that in procedure recently to minimize the APGA requests a requirement that the NOPR to distinguish compliance costs of reproduction and mailing where pipelines must, at the request of a filings that do not require Commission their lists of shippers are quite large. customer, provide next-day service to action within 30 days from the date of MRT, El Paso, NGSA, and NET attorneys or consultants designated by filing, from other rate filings. support serving only a transmittal letter customers. Michigan and New York request that to customers and state commissions on AGD states that the regulation should the notice be modified to contain a brief or before the filing date with complete require simultaneous service upon the narrative discussing the financial copies provided on request. They state Commission and all customers except impact of the proposed change on each that serving complete copies wastes those known to prefer transmittal letter class of service and any conditions of pipeline resources and annoys service. service affected by the change. Michigan customers that are not interested. Columbia Distribution and NDG do and New York state that filings that fail Columbia states that it is unduly not oppose offering the customers the to include such notice should be burdensome to serve all filings on all option of receiving a transmittal letter rejected. The Commission rejects this customers and suggests that the instead of the full filing, however suggestion. This information can be regulation be modified to require service customers should be able to place a derived from the filing that is being upon firm customers on the filing date. standing request for complete filings by noticed. The purpose of the notice is Columbia states that such service along the next day. merely to get the attention of interested with the form of notice pursuant to Panhandle proposes that firm parties who may then review the full § 154.209 is sufficient to assure customers and state commissions filing. adequate notice. receive full service at the time of filing NI-Gas states that the form of notice AF&PA, Arizona Directs, AGD, but that interruptible customers receive should also include the name, address, Industrials, and New York oppose an abbreviated service consisting of: The telephone number, and FAX number of allowing pipelines to fulfill service by a letter of transmittal, the Statement of a contact person. This information is on transmittal letter. APGA states that the Nature, Reason, and Basis, the changed the title page of the filing and does not service of only the transmittal letter tariff sheets, and the Notice. Notice need to be in the notice. would be neither desirable nor lawful. would also be on the EBB. The NOPR invited comments on APGA states that without a complete INGAA and ANR/CIG ask that whether the Federal Register notice is statement of proposed rates, the notice pipelines be allowed to make an useful and should be retained in is not meaningful. abbreviated form of service consisting addition to the Commission’s electronic Michigan and MoPSC state that state of: The Letter of Transmittal; the notice. Columbia, Consumers Power, commissions should receive the full Statement of Nature, Reason, and Basis; UDC, and Northwest/Williams state that filing. the changed tariff sheets; a summary the Federal Register notice is useful and Michigan states that, considering the cost-of-service and rate base; and, should be retained in addition to the time restraints in which the summary of magnitude of change. Commission’s electronic notice. El Paso Commission must act and the delay of Customers with an interest may then recommends that, if paper copies of requesting full service, the burden to request a full copy. filings are required, the Federal Register request full service should not be on the El Paso suggests that the service notice should be the only document parties. obligation be fulfilled by posting on the served on customers. The full filing Michigan, MoPSC, and New York EBB. would be available on the EBB. SoCal suggest that the Commission require In light of the responses to the NOPR, prefers the Commission CIPS as the the revised regulation is a combination 45 This regulation appeared in the NOPR as of the alternatives suggested by several 46 This regulation appeared in the NOPR as § 154.207. commenters and represents a reasonable § 154.208. 52976 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations source for postings rather than the evidence well into the course of a those currently in effect in Federal Register. contested proceeding; and allow more § 154.63(e)(1), with some editorial Generally, these comments indicate comprehensive Commission review changes and will be interpreted by the that the Federal Register notice is useful initially. AGD agrees that these Commission in the same way. and should be retained in addition to regulations embody the proper approach b. Section 154.302 Previously the Commission’s electronic notice. to the rate filing process, and argues that Submitted Material. Section 154.302 j. Section 154.210 Protests, there should be no reluctance on the replaces current § 154.63(c)(1) and (2). A Interventions, and Comments. Section Commission’s part to reject incomplete current FERC Form No. 2 must 154.210 replaces current § 154.27. 47 The rate filings or any pipeline’s attempts to accompany the filing. 49 intervention, comment, and protest supplement rate filings. NGT requests clarification that this periods are to be standardized as has Conversely, INGAA believes the regulation represents no change in been the practice with oil pipeline tariff regulations severely restrict the current practice; submission of a copy of filings. Interventions, comments, and pipeline’s ability to defend its submitted the Form No. 2 does not constitute part protests must be filed within 12 rate case. INGAA suggests removing the of the rate filing for which service may calendar days of the filing date and word ‘‘solely’’ from this section (with be required pursuant to § 154.207. comments must be filed at the same regard to requiring the pipeline to rely The Commission notes that the time as interventions and protests. solely on its initial filing to sustain its language of the revised regulation is The NOPR had proposed that the burden of proof on proposed changes) essentially the same as the current interventions, comments, and protests and broadening the material that would section. The Commission clarifies that be filed within ‘‘10 days’’ of the filing. be admissible in the defense of a rate the FERC Form No. 2 remains an item Many commenters objected to changing case. Panhandle believes requiring the by reference and does not constitute from the former 15-day time period and pipeline to rely solely on its initial filing part of the filing for which service is argued that more time was needed to would actually increase the time and required pursuant to § 154.207. adequately review the more complete effort required of other parties and the c. Section 154.303 Test Periods. initial filings. Numerous alternatives Commission’s staff. Panhandle Section 154.303 replaces current were suggested for comment periods maintains it is impossible to anticipate § 154.63(e)(2)(i) and (ii). The section has ranging from 10 to 30 days. The every issue the parties may raise, and been completely rewritten. 50 The Commission has balanced the need to that the regulations could be read to Commission clarifies that the pipeline allow sufficient time for interested preclude the pipeline from filing must remove from rates moved into parties to review a filing with the need supplemental direct or rebuttal effect the cost of any facilities not for the proceeding to progress swiftly. testimony to address issues raised certificated (where a certificate is The use of the 12 calendar day standard subsequent to the rate filing. required) and in service as of the end of achieves this balance. Similarly, Columbia requests the test period. clarification that nothing bars a pipeline National Fuel requested modification 4. Subpart D—Material to be Filed With from filing answering and rebuttal to the NOPR to clarify that adjustments Changes testimony in its own rate case to the base period may include costs for a. Section 154.301 Changes in Rates. proceedings. Williston also seeks facilities that do not require a certificate Section 154.301 establishes that subpart clarification that the filing of and are in service by the end of the test D pertains to rate change filings under supplemental data by the company is period. Language to that effect has been the cost-of-service methodology; i.e., all not precluded. The Commission incorporated into the final rule. rate change filings except those filed confirms that this regulation does not INGAA contends that § 154.303(c)(2) under subparts E, F, and G. 48 Subpart D interfere with a company’s rights, requires that a plant not certificated is applicable to both rate increase and during a hearing, to respond to opposing before the end of the test period must be decrease filings. The current special testimony and evidence. excluded when motion rates are filed. The Commission agrees with the filing requirements for ‘‘minor INGAA states that it is impossible for a comments of NI-Gas and AGD, above. pipelines’’ are removed. Section pipeline to estimate when the Further, the substantial body of rate 154.301(c) replaces current Commission will issue a certificate in a proceeding case law as well as the § 154.63(e)(1). Minor rate increase pending matter; and therefore, pipelines practices that have developed in the filings, as now covered by are forced to exclude the facilities in the prosecution of rate cases should provide § 154.63(b)(4), and rate decreases have compliance filing yet all other aspects of a pipeline with knowledge of what reduced filing requirements under the pipeline’s activities are updated to issues must be developed in its case-in- § 154.313. In addition, proposed the end of the test period. changes other than to rate level must be chief. NGT and Panhandle seek clarification Panhandle requests confirmation that made under subpart G, discussed infra. that the new regulations permit the § 154.301(c) relates only to proposed NI-Gas strongly supports the proposal inclusion of costs of facilities that are changes, and that the Commission does that a pipeline must be prepared to expected to be in service by the end of not intend by promulgating these new prosecute its case based on the the test period, regardless of the status regulations to change the prior holdings information included with its original of a pending certificate application. of the courts or the Commission on the filing. NI-Gas argues that this NGT urge that the last sentence of the burden of going forward or the burden requirement will help with the initial revised regulation should be deleted. of proof. Panhandle also requests review by parties; eliminate the first INGAA states that the regulation clarification that matters already sworn stage of many procedural schedules; forces pipelines to exclude from the end to in the filing need not be addressed prevent a pipeline from introducing of test period analysis of costs for again in Statement P. new explanations, proposals, and The requirements found in certificated facilities. INGAA states a § 154.301(c) that a pipeline must be 47 This regulation appeared in the NOPR as 49 This regulation appeared in the NOPR as § 154.209. prepared to go forward at hearing and § 154.303. 48 This regulation appeared in the NOPR as sustain its burden of proof based on the 50 This regulation appeared in the NOPR as § 154.302. materials in its filing are the same as § 154.304. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52977 procedure should be adopted whereby a standardized by requiring that narrative since the pipeline’s last rate case. They pipeline may reflect the cost of facilities explanations be placed at the beginning are concerned that this provision may in service prior to the end of the test of the specific statement or schedule to impinge upon the development of period if the end of the test period is which they apply. To reduce discovery policy in Docket No. PL94–4 on the beyond the effective date of the burden rate case statement updates pricing of pipeline facilities. Pacific proposed rates. should be provided to parties Northwest Commenters suggest that NET suggests a clarification that specifically requesting them, as well as until the Commission announces its permits adjustments for facilities for to the Commission. This suggestion has policy, it would be better served to limit which a certificate application is been adopted. the scope of § 154.309 to existing pending, subject to the requirement of e. Section 154.305 Tax Normalization. incrementally priced services. NGSA § 154.303(c)(2) that such costs be Section 154.305 replaces current makes a similar argument. excluded if the facilities are not in § 154.63a with revisions to clarify the Since the NOPR was issued, the service by the end of the test period. section’s applicability.52 Pipelines will Commission has issued its policy In light of the above comments, the continue to be required to use tax statement regarding the pricing of proposed regulation has been modified normalization to compute the income pipeline facilities; and so, Pacific to allow adjustments for facilities for tax component of the cost-of-service and Northwest Commenters concerns are which a certificate application is to adjust rate base by accumulated moot.57 pending, subject to the requirement of deferred income taxes related to Northern Border argues that this § 154.303(c)(2) that such costs be components of the cost-of-service. section appears to require the filing of excluded if the facilities are not in f. Section 154.306 Cash Working a rate case within a rate case for service by the end of the test period. Capital. Section 154.306 replaces facilities certificated with at-risk Columbia urges the Commission to current § 154.63b.53 provisions. Northern Border states that consider a more forward looking test g. Section 154.307 Joint Facilities. this section appears to require a period. That is, allow pipelines to Section 154.307 replaces current complete set of filing exhibits to be project the more routine cost items § 154.63(e)(3) with stylistic changes.54 created for each separate at-risk facility (such as inflation and labor) one year h. Section 154.308 Representation of even if the at-risk condition is not likely beyond the end of the current nine- Chief Accounting Officer. Section to be triggered and/or the company is month test period. This comment is, in 154.308 replaces current § 154.63(e)(5) not requesting within a rate case filing effect, seeking an extension of the test with only stylistic changes.55 to remove the at-risk provision. period. This the Commission is i. Section 154.309 Incremental Northern Border proposes that, if an at- reluctant to do. The regulations are Expansions. Section 154.309 requires risk provision has been triggered or it is constructed so that the rate paid by a separate statements and schedules for certain to be triggered during a customer is based upon the costs incremental facilities, including those reasonable forthcoming period, then the incurred previously by the pipeline for with Commission imposed at-risk company should be required to include providing the services to that customer. provisions.56 In some cases, pipelines in its filing any necessary information to The adjustment period allows for the maintain independent rate schedules support it position in that regard. inclusion in rates of costs for items that (incremental rates) that are based on the INGAA seeks clarification that the are not a benefit to the rate payers at the costs of specific facilities. Separate Commission did not intend for the time of filing but will be within a statements and schedules for such pipeline to file separate schedules under reasonable time thereafter. The facilities need to be provided to permit § 154.312 and § 154.313 for each major Commission has set the cut off point for a proper evaluation of the rates based on expansion. INGAA proposes that such costs at 9 months past the end of the costs of those facilities. When § 154.309 be eliminated and that the the chosen base period. The pipelines have been unable to fully Commission continue the current commenters have not shown that this subscribe certain construction projects, practice of including the information in period is unreasonable. the Commission has permitted Schedule C. Alternatively, the data d. Section 154.304 Format of construction to go forward with the required could be provided in summary Statements, Schedules, Workpapers, pipeline placed at-risk for recovery of form. Columbia does not object to and Supporting Data. Section 154.304 the costs associated with the providing certain summary schedules replaces current § 154.63(c)(3) and unsubscribed capacity. Separate with respect to incremental and § 154.63(e)(4).51 The Commission statements and schedules for at-risk expansion facilities, but objects to the requires a narrative explanation of each facilities need to be provided so that the apparent requirement to provide a full proposed adjustment to base period Commission can compare the revenue filing pursuant to § 154.312 and actual volumes and costs. generated from the use of the facilities § 154.313. Columbia supports INGAA’s INGAA states that the requirement to with the cost of the facilities, and comments and further requests the provide accounting workpapers to determine whether to remove the at-risk Commission clarify what is meant by the term ‘‘major expansion.’’ support data or summaries reflecting the condition. El Paso also argues that the pipeline’s books of account will place a The Pacific Northwest Commenters regulations should provide for flexible burden on the companies since the object to the requirement that separate exhibits that produce information accounting workpapers could be data be provided for major expansions voluminous. The information should sufficient to demonstrate the pipeline’s position with respect to incremental, at- only be provided when specifically 52 This regulation appeared in the NOPR as requested by the Commission auditor. § 154.306. risk, and major expansions since the This suggestion has been adopted. 53 This regulation appeared in the NOPR as pipeline’s last rate case. With respect to statements, schedules, § 154.307. Great Lakes argues that this section: 54 This regulation appeared in the NOPR as (1) Is premature until the Commission work papers and supporting data, NGSA § 154.308. recommends that the filing format be 55 This regulation appeared in the NOPR as 57 Pricing Policy For New And Existing Facilities § 154.309. Constructed By Interstate Natural Gas Pipelines, 51 This regulation appeared in the NOPR as 56 This regulation appeared in the NOPR as Docket No. PL94–4–000; Statement of Policy, 71 § 154.305. § 154.310. FERC ¶ 61,241 (1995). 52978 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations determines its course of action in § 154.312 and 154.313. These sections pipeline with a cost-of-service tariff. Docket No. PL94–4; (2) fails to recognize include the recording of revenues (For Therefore, Northern Border’s request for that each cost may not be separately example, Schedule G–4). Therefore, the a waiver of this section is granted. identifiable; and (3) magnifies the size information sought by NI-Gas will be MoPSC requests clarification that the of an applicant’s filing (in Great Lakes’s provided in the pipeline’s filing. filing of updated material for the test case, at least 7 separate sets of schedules j. Section 154.310 Zones. Section period does not amend the company’s and statements would be required). 154.310 requires a cost breakdown by direct case. MoPSC contends it is Great Lakes urges the Commission to zone if the pipeline maintains records of essential that the Commission clarify delete proposed § 154.309. TransCanada costs by zone.58 that the required filing of updated filed similar comments. Panhandle commented that proposed actuals will not amend/change a NI-Gas supports the separate reporting § 154.310 and § 154.312 were company’s direct case and that updates of the costs associated with facilities inconsistent. Proposed § 154.310 are intended to provide the Commission subject to an at-risk condition. NI-Gas required cost-of-service by zone only if and interested parties with additional also states that a pipeline should be a pipeline proposes a zone rate method, information to help evaluate the required to report the revenues while proposed § 154.312 appeared to projections and estimates used by a associated with at-risk or incremental require a cost-of-service for each zone company in its direct case. The facilities and the reasons why it regardless of the underlying rate Commission grants both these allocated the revenues to those facilities, method. Panhandle suggested clarifying clarifications. rather than unsubscribed ‘‘general’’ language. The Commission agrees with l. Section 154.312 Composition of system capacity. Panhandle. Section 154.310 requires a Statements. Section 154.312 replaces The Commission did not eliminate cost-of-service by zone only if a pipeline current § 154.63(f) with revisions to the proposed § 154.309 as requested, but maintains records of costs by zones and statements and schedules as discussed did modify this section in several proposes a zone rate methodology based below.60 Many changes are self respects. First, the Commission deleted on these costs. Section 154.312, explanatory or merely editorial and are the requirement that this section applies Schedule I–1 (c), has been modified as not discussed here. to ‘‘every major expansion since the proposed by Panhandle. 1. Schedule B. INGAA requests that pipeline’s rate case.’’ This information SoCal states that if the company files regulatory assets and liabilities not be may be too broad and need not be filed for zone rates, whether to continue listed on Statement B unless entries with the rate case filing. In this respect, existing zone rates or to establish zone specifically are reflected in the the Commission notes that § 154.312, rates, a cost breakdown should be computation of rate base. Statement O, as modified by this rule, mandatory. However, the Commission The Commission agrees with INGAA’s requires pipelines to list each major does not order companies to maintain comments and clarifies that regulatory expansion and abandonment since the plant accounts and cost-of-service by assets and liabilities should only be pipeline’s last rate proceeding and zone. This is an election made by the listed if the pipeline seeks recovery of provide the costs by function. This individual company. Section 154.312, these items in the computation of rate summary data should provide adequate Schedule I–3 (a) requires a company to base. information for parties in the show how the cost-of-service is 2. Schedule C. Columbia states that proceeding to evaluate significant allocated among rate zones by function. only the end of base period balances changes since the last rate case This schedule should give SoCal the and test period adjustments and end of proceeding. information it seeks by zone. The Commission will require that the the test period balances should be k. Section 154.311 Updating of reflected on this statement. The pipeline provide a summary statement Statements. The Commission requires that lists the cost-of-service components Commission disagrees. These beginning certain Statements and Schedules to be and revenues associated with each balances are currently required and updated, once, 45 days after the end of incremental and at-risk facility in lieu of have proved to be necessary for a the test period.59 This provision has separately identifying each cost on the complete analysis of the pipeline’s plant been changed from the NOPR which statements and schedules contained in and examination of specific plant required the statements and schedules § 154.312 and § 154.313. However, changes. to be updated, quarterly, for each month where applicable, appropriate cross NGSA recommends that Account 117 of the test period. references to § 154.312 and § 154.313 include volumes, as well as costs, by In response to comments, the subaccount and show activity by month should be made. This change eliminates Commission agrees that quarterly the bulk of the burden imposed by the for the base period, including Account updates are burdensome and will 117.4 (gas owed to system gas). NGSA section as proposed. The summary require only one update at the end of statement should provide pipelines with believes this modification is necessary the test period. to track the use of system gas.61 The the flexibility sought by El Paso. Northern Border states that this Permitting the summary statement, in Commission agrees with NGSA’s provision should not apply to pipelines lieu of a separate identification of each recommendation that Account 117 with cost-of-service tariffs. Because such cost and revenue contained on the should include volume data and show pipelines do not rely on test-year statements and schedules in § 154.312 monthly activity to track the use of adjustments, updates would be and § 154.313, balances the parties’ system gas. In this restructured era, an burdensome and unnecessary. This needs for informative data, but will not accurate accounting of system gas is section was created to govern the vast be so burdensome as to require a ‘‘rate important for the determination of the majority of the regulated entities that do case within a rate case’’ as suggested by appropriate level for storage gas and of not have cost-of-service tariffs. We agree some parties. that the update is not necessary for a Lastly, with respect to NI-Gas’ request 60 This regulation appeared in the NOPR as to include revenues associated with the § 154.313. 58 This regulation appeared in the NOPR as 61 NGSA in its comments to the companion rule incremental and at-risk facilities, the § 154.311. suggested modifications to the Commission’s pipeline will need to cross reference the 59 This regulation appeared in the NOPR as proposal by retaining Account 117 as ‘‘Base Gas’’ statements and schedules contained in § 154.312. and Account 164 as ‘‘Working Gas’’. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52979 capacity retention. Proposed Statement Columbia states that this information 6. Schedule C–4 (Proposed Schedule C was modified accordingly. is provided in Schedule C–1 as plant C–5). Williston states that this schedule 3. Schedule C–1, End of Base Period adjustments and Schedule C–2 should should be eliminated because the Plant Functionalized. Schedule C–1 be eliminated. requested data is also provided in FERC does not refer to storage facilities as The Commission agrees that the plant Form No. 2. The Commission did not ‘‘underground’’ or ‘‘local’’ and requires totals are included in Schedule C–1 as adopt Williston’s suggestion. The the showing of plant in service by plant adjustment. However, the details Commission agrees with Williston that functional classifications. of the plant adjustments (i.e., work the information required on this INGAA states that the same orders) are not reflected. The schedule would be duplicative if the information is proposed to be required components of these plant adjustments pipeline has not changed its procedures by both Schedule C–1 and Statement I. provide the data necessary to determine since it last filed FERC Form Nos. 2 and INGAA’s observation is correct, the accuracy of the proposed plant 2–A. Therefore, the Commission’s proposed Schedule C–1 and proposed adjustments and to determine which clarifies that Schedule C–4 must be Statement I were duplicative with additions are pending certificate reported only if the pipeline has regards to the requirements to reflect authorizations. changed any of its procedures since the plant by zones and expansions. 5. Schedule C–3 (Proposed Schedule last filed FERC Form Nos. 2 or 2–A. Therefore, these requirements have been C–4). Columbia and INGAA state that 7. Schedule C–5 (Proposed Schedule removed from revised Schedule C–1. Schedule C–3 requires duplicate C–6). Columbia recommends that since INGAA and Columbia commented information and should be eliminated Accounts 101 and 106 can only be that proposed Schedules C–1 and C–2 because the pipeline customers own the included in a pipeline’s gas operations, appear to break information currently majority of the gas. this schedule should be eliminated. contained only in Schedule C–1 into Schedule C–5 is reported only if This is true for those pipelines whose two schedules. INGAA recommended significant changes over $500,000 have storage gas is owned by the customers. that proposed Schedule C–2 be deleted occurred since the end of the year However, many pipelines still own a and the information be included in reported in the company’s last FERC portion of the storage gas as base and Schedule C–1 in order to avoid an Form No. 2. unnecessary administrative burden. system gas. Those pipelines must report 8. Schedule D. Columbia and INGAA Proposed Schedule C–1 provided data this data. recommend that only the base period on the functional gas plant for the base AGD and Brooklyn Union recommend adjustments and test period balances be period. Proposed Schedule C–2 that this schedule specify: (1) Monthly reflected on this schedule. Furnishing provided data on the functional gas storage gas quantities; (2) the term these beginning balances is required by plant for the test period. The ‘‘storage projects owned’’ be defined to the current regulations. The Commission agrees with INGAA and include storage projects under contract Commission has found that the Columbia that these schedules should to a pipeline; (3) data on customer- beginning balance is necessary for the be combined in order to avoid owned gas, separately states the analysis of the pipeline’s plant reserve unnecessary administrative burden. amounts held in Account Nos. 117 and and examination of specific plant Accordingly, Proposed Schedule C–1 164; and (4) pipeline owned and reserve changes. has been modified to include the data contracted storage volumes be shown Columbia states that any authorized provided in Proposed Schedule C–2. separately for Account 117 gas and negative salvage value reflected as a Proposed Schedule C–2 was deleted and Account 164 gas. AGD concludes that separate part of Account 108, should be all subsequent schedules renumbered. these modifications will assist pipeline required only if the negative salvage Columbia states that the only customers and Commission staff in value is defined and looking forward. significant data necessary is total plant analyzing a pipeline’s usage of storage Adopting Columbia’s suggestion would in service (as reflected in Account 101, resources. also require creating a separate et. seq.) and not data by Account 300, Modifying the regulations as subaccount to specifically identify these et seq. Columbia states that the language recommended by AGD and Brooklyn amounts in the reserve account and specifying that plant in service be Union will aid in our investigation of enhance our analysis of the negative detailed by account numbers should be the storage projects. The Commission salvage account balance and associated deleted. The Commission did not adopt clarifies that the term ‘‘storage projects rates. Accordingly, proposed Statement Columbia’s suggestion. The current owned’’ includes storage projects under D was revised to require that any regulations require gas plant in service contract to a pipeline. We note that included negative salvage value must be by plant account. The Commission has customer-owned gas is not reflected on separately maintained in a subaccount found that account balances for plant in the pipeline’s books and therefore, is of Account 108. service are critical to the analysis of not included in Account 117. Further, 9. Schedules D–1 and D–2. Proposed changes in gas plant and determination Schedule C–3 must reflect the monthly Schedule D–1 required actual end of of depreciable plant. volume activity in Account 117 and base period depreciation, depletion, and 4. Schedule C–2 (Proposed Schedule separately state the amounts and amortization balances by functional C–3). INGAA states that listing every volumes held in Account 117 for classifications. Proposed Schedule D–2 work order separately will result in pipeline owned and contracted storage. required projected end of test year unneeded and unhelpful detail. INGAA Columbia requested that the balances for depreciation, depletion, suggested grouping by category of items Commission reestablish the ability to and amortization by functional whose cost is less than a threshold level cross reference Schedule C–3 to FERC classifications. Columbia and INGAA of $500,000. To reduce administrative Form No. 2. The Commission agrees that state that Proposed Schedule D–2 burdens, the Commission adopted FERC Form No. 2 is an integral part of should be deleted because the INGAA’s proposed modification to the Commission’s analysis of the information is currently reported on permit grouping by category of items pipeline’s filing. Accordingly, the Statement D. where the cost is less than $500,000. revised regulation reestablishes a Proposed Schedule D–1 provides the Proposed Schedule C–2 was modified pipeline’s ability to cross reference functional gas plant for the base period accordingly. Schedule C–3 with FERC Form No. 2. and Proposed Schedule D–2 provides 52980 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations the functional gas plant for the test Panhandle states that the instructions requires the components of working period. The Commission agrees with for Schedule E–3 should be revised by capital to be set forth in sufficient detail Columbia and INGAA that these deleting the first sentence restricting and contain cross references to other schedules could be combined in order this schedule of gas stored current to schedules containing the computations to avoid unnecessary administrative applicants utilizing a PGA mechanism. and components of working capital. burden. Therefore, proposed Schedule Currently, there are only two The Commission agrees with INGAA’s D–2 was deleted and combined with pipelines with authorized PGA and Columbia’s comments and Schedule D–1 and Schedule D–3 was mechanism and these pipelines have no incorporated the language of proposed renumbered as Schedule D–2. storage. Thus, there is no reason to Schedule E–5 into Statement E and did 10. Schedule D–2 (Proposed Schedule maintain this schedule as originally not promulgate proposed Schedule E–5. D–3). Williston states that this schedule proposed. 16. Statement F–2. NDG should be eliminated because the data is Panhandle does not support the recommended requiring the filing also provided in FERC Form No. 2. change in accounting for storage and pipeline to submit a table showing the However, Schedule D–2 (proposed therefore believes current Schedule E–2 pipeline’s earned rate of return on rate Schedule D–3) is filed only if a policy should be retained. Since pipelines may base and earned return on equity for the change has been made effective since have gas for resale in underground base period. Thus, the Commission and the last annual report on FERC Form storage, the current Schedule E–3 will interested parties would be able to (1) No. 2 or 2–A was filed with the need to be reinstated to allow the evaluate whether the Commission Commission. Thus, there is no need to reporting of this gas. Thus current orders on previous rate filings have make the change suggested by Williston. Schedule E–2, Storage Gas Inventory, is enabled the filing company to earn the 11. Statement E. Panhandle proposes reinstated as revised Schedule E–3. Commission authorized return and (2) to revise the instructions for Statement 14. Schedule E–4. NGSA recommends evaluate the pipeline’s proposed E to reinstate the deletion of the gas that Schedule E–4 (Storage Inventory) revenue requirements. stored underground. In response to show and explain the source, pricing, The Commission disagrees with numerous commenters in the each use of working gas (i.e., system NDG’s recommendations to modify companion rule, the Commission balancing, working gas for sale, etc.) and proposed Statement F–2. The decided to permit a pipeline, in its next be reconciled to Account 117.3 (injected information can be calculated from data rate filing, to choose either the fixed base gas, recoverable) and Account available in FERC Forms No. 2 and 2– asset or the inventory model for storage 117.4 (gas owed to system gas). NGSA A. accounting. Therefore, all current gas deems this modification necessary to 17. Statement G, Revenues, Credits, stored underground previously recorded track the use of system gas. (NGSA in its and Billing Determinants. Statement G in Account 164 will be recorded in comments to the companion rule replaces current Statement G (Gas Accounts 117.2, System Balancing Gas, suggested retaining Account 117 as operating revenues and sales volumes). and 117.3, Gas Stored in Reservoirs and ‘‘Base Gas’’ and Account 164 as The revised Statement G is a summary pipelines-noncurrent. Account 117.2 ‘‘Working Gas’’.) The Pacific Northwest of information on all jurisdictional will be reflected in a pipeline’s gas plant Commenters believe that this services. Statement G must be filed with on Schedule C. Only gas for resale from information on storage inventory will be the rate case. More specific information, underground stored recorded in valuable for any pipeline utilizing in Schedules G–1 through 6, must be Account 117.3 will be reported in storage to provide system balancing. filed 15 days later. Schedules G–1 Statement E. No additional recognition The Commission agrees with NGSA’s through 6 must also be served on parties will be accorded system gas in working and Pacific Northwest’s 62 comments that request such service within 15 days capital, since no working capital that the tracking of system gas is of the filing. The sixth paragraph of requirement should result from system important. The companion rule allows current Statement G(e), concerning balancing. Therefore, Statement E pipelines to use either the fixed asset credits, is now found in Statement G reinstates the gas for resale underground model or the inventory method for subparagraph (2). The Commission storage. If a pipeline believes it can storage accounting for system gas requires the allocated GSR component show a working capital requirement for included in Account 117. Thus, system of IT rates to be unbundled and treated system gas, then the pipeline can file for gas will be reported in Account 117.2 as a separate component for rate case cash working capital in accordance with will be accounted for or tracked on filing purposes in order to better Schedule E–1. Schedule C. Account 117.3 will be compare and reconcile the cost-of- Panhandle states that companies reported on Schedule E–3 and will service to revenues. AGD supports the should continue to have the right to reflect only gas for resale from portion of Statement G which provides request working capital treatment for underground storage. No working that the filing must identify the GSR other items. The Commission clarifies capital requirement results from component of interruptible that a company has the right to request Account 117.4. Therefore, proposed transportation revenue as a ‘‘transition any working capital treatment of any Schedule E–4 is not necessary and will cost.’’ justifiable item and the Commission can be deleted. The Industrials suggest standardized rule on the appropriateness of that item 15. Proposed Schedule E–5. INGAA customer names or some way to based on the evidence presented. states that proposed Schedule E–5 correlate data between Statement G and 12. Schedule E–3. Northwest/ shows cross-references to other the proposed Index of Customers Williams recommend that this schedule schedules containing the computations (§ 154.111). The Commission does not should only be submitted by a pipeline and explanations, and so, this filing believe it is necessary to standardize utilizing an authorized PGA requirement should be made optional to names. Based on our experience, it is mechanism. The Pacific Northwest serve pipelines filing a lead-lag study. not difficult to correlate the names used Commenters recommend that Schedule Columbia states that the proposed in Schedules G–1 and G–2 with those in E–3 be submitted by any company schedule should be consolidated with the Index of Customers. which utilizes an authorized PGA Statement E or eliminated because it AGD recommends that Statement G be mechanism or which utilizes storage for modified so that Statement G is required system balancing. In addition, 62 See comments on Schedule E–3. to be submitted to ‘‘all Customers’’ not Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52981 just to ‘‘all affected customers.’’ Under revenue impact and billing caused by release of the information.’’ 66 the revised regulation, all customers determinants would be submitted under The Commission intends to apply this who are customers of the pipeline on seal, the Agreement stated ‘‘AGD and standard to the customer-specific the date of the filing of the rate case will INGAA agree that the information information in Schedule G. receive an abbreviated form of the filing. discussed below is commercially- 18. Schedule G–1, Base Period Any customer who has a standing sensitive and that its publication in Revenues. Schedule G–1 requires data request for service of the full filing will mandatory filings may be detrimental to on actual revenues for all services and receive the full filing, including the competition. AGD and INGAA believe customers, rather than solely on sales summary Statement G on the date of the that the goals of the regulatory process revenues, as currently required by filing. Any other customer may request can be achieved without divulging Schedule G(a), or solely aggregate service of the complete filing and information which is commercially- transportation revenues, as currently receive the complete filing (with the sensitive.’’ 63 required by Schedule G(c). Schedule G– summary Statement G) within 48 hours The request that portions of the filing 1 also requires: (1) Identification of of the request. be treated as confidential on a generic revenues by customer, by rate schedule, INGAA proposes that Statement G basis finds little support in either the by month, and by billing determinant only include totals by rate schedules statutory framework or precedent. The (not adjusted for discounting) which is and zones. Some pipelines proposed NGA, on its face in section 4, requires similar to the data currently required by that detailed information only be pipelines to file contracts when seeking Schedule G(e) fifth paragraph; (2) provided for customers that pay the a rate change. Section 4(c) of the NGA separate identification of revenues for maximum rate and that aggregate provides that the pipeline shall file, short-term firm transportation services; information would be provided for under the Commission’s regulations, (3) capacity release information; (4) an customers that receive discounts. and shall: identification of affiliated customers; Panhandle, Great Lakes, and ANR/CIG and (5) identification of rate schedules, Keep open in convenient form and place state that the proposed regulations where revenues are credited as currently governing Statement G significantly for public inspection, schedules showing all rates and charges for any transportation or required by Schedule G(c). expand the previous requirements and sale subject to the jurisdiction of the NI-Gas supports Schedule G–1, increase the burden on pipelines, Commission, and the classifications, specifically the reporting of the actual without demonstrable benefit. practices, and regulations affecting such rates revenues, including actual billing CPCo and MGSCo believe that the and charges, together with all contracts determinants. Panhandle states that base Commission’s proposed Statement G which in any manner affect or relate to such period data on revenues (Schedule G–1) would require pipelines to reveal rates, charges, classifications, and services. serve no purpose in the design of rates commercially sensitive information. If confidentiality is required as to any and should not be required because Panhandle, INGAA, ANR/CIG, Great specific contract, § 388.112 of the rates are designed using base period Lakes, and El Paso state that pipelines Commission’s regulations sets forth the volumes as the starting point for should not be required to disclose procedure to be followed. 64 determining an appropriate level of test commercially sensitive information in With the introduction of competition period volumes, but base period Statement G. CPCo and MGSCo believe in the interstate sale of gas, the revenues are not used. that the Commission proposal should be Commission has sustained the claim of The Commission disagrees. This modified such that information that is confidentiality with respect to price information is needed to compare the truly commercially sensitive need not information where the party lacks level of revenue change. The be provided until a protective agreement market power, because the information Commission notes that Schedule G(1) covering such has been signed by the could be used by competitors to reduces the burden by nearly half, parties. undercut that party’s bids. There is a compared to the current regulations, The Agreement filed by INGAA and different answer for transportation- because a pipeline is no longer required AGD contained a detailed alternative related information. Unless proven to show existing rates with test period structure for Statement G. ANR/CIG also otherwise, there is a presumption that a volumes and proposed rates with base suggested revisions to the Commission’s pipeline still retains a substantial degree period volumes. 67 proposed Statement G reporting of market power in the transportation of The Commission clarifies, as requirements. natural gas. Therefore, the Commission requested by AGD, that the reference to In light of the above comments, ‘‘associated revenues’’ in Schedule G–1 proposed Statement G has been cannot presume the existence of competition for transportation. When in connection with released capacity modified substantially. The Commission relates only to the pipeline’s collection has required a summary Statement G to the claim of confidentiality has been asserted in Commission proceedings, of commodity charges received from provide enough information to begin the replacement shippers. analysis of the rate case. However, the the Commission has required the claim to be supported with specificity, rather Pacific Northwest suggested that the customer specific information is not Commission clarify that the ‘‘separate required immediately; and, is only than with vague and speculative allegations of competitive harm, 65 since identification’’ of capacity release served on customers requesting service. transactions means that pipelines are to The Commission has not adopted the Commission must ‘‘balance the need for public disclosure against the harm group together base period services commenters’ position that such detailed which were rendered for replacement information is generically confidential, 63 Agreement at 2. In the initial comments, customers, and indicate which privileged, or proprietary. Rather, the INGAA had expressed similar objection to public customers released the capacity to the Commission concludes that, in the disclosure, stating that the ‘‘proposed disclosures replacement customer. The Commission ordinary course, such information would undermine the pipelines’ competitive is not requiring the separate should be publically available. position and would eventually stymie the same market competition that the Commission strives to identification of transactions for In support of the proposal in the AGD foster’’. See pp. 3, 6, and 9. and INGAA Agreement that contracts, 64 18 CFR 388.112. 66 ANR Pipeline Co., 65 FERC ¶ 61,280 at 62,305 discount information, and specific 65 Trunkline Gas Company, 49 FERC ¶ 61,227 (1993) (ANR). customer information relating to (1989). 67 See current § 154.63, Statement G (a) and (b). 52982 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations replacement customers. Since information to support such discounts expected to include in the adjustment ‘‘replacement’’ customers have become must be provided. The Commission period a representative level of services ‘‘primary’’ customers of the pipeline, believes that discounting information is for which there may not be firm they will be identified in the same available if the pipeline’s proposed rates contracts with primary terms extending manner as all other ‘‘primary’’ simply reflect a continuation of the to the test period, including customers. The Commission is, discounts experienced in the base interruptible and short-term firm however, requesting summary period. If, however, the pipeline is services. The Commission believes this information in Statement G on capacity projecting different types of is already required by the regulations. release revenues and throughput in discounting, the pipeline must provide Pipelines have always had the burden to order to evaluate the effect of the data to support such discounting in propose throughput based on actual secondary market on the level of other Schedule G–2. Indeed, the Commission experience adjusted for known and services, such as interruptible believes that this information is measurable changes. If the pipeline transportation. necessary for the pipeline to meet its provided interruptible and short-term Pacific Northwest suggested changing burden of proof that proposed rates are firm services during the base period, but the fifth sentence to: For transportation just and reasonable. did not include representative levels for services provided through released Third, ANR/CIG state that the such services in the test period capacity during the base period, identify requirements of Schedule G–2 projections, it must justify the difference the released usage quantities and exacerbate the confidentiality concerns in Schedule G–3. associated revenues by rate schedule, by raised by the industry both at the Pacific Northwest suggests the contract, by month, and totals for the pipeline and shipper levels. Instead, Commission change the fifth sentence to base period, and identify the customer ANR/CIG suggest that the Commission read as follows: Show separately any that released capacity. The proposed should require a revenue study using projected or representative level of regulation was modified similarly to maximum rates and design released capacity usage quantities Pacific Northwest’s suggestion. determinants. The Commission’s (Unadjusted for discounting) and 19. Schedule G–2, Adjustment Period position on confidentiality is discussed associated revenues by rate schedule, by Revenues. Schedule G–2 requires supra. contract, by month, and totals for the information similar to that required in Columbia states that including the projected period. The Commission Schedule G–1. effect of rates that may have been in believes that the proposed language Panhandle and Great Lakes state that effect for a limited period of time during change improves the text of the the requirements of Schedule G–2 the base period will only serve to distort regulation. Accordingly, this suggestion should be modified as there is no need the revenue comparison. The has been adopted. to provide the requested information by Commission disagrees. The base period NGSA states that to reconcile cost customer since rates are designed by is a snapshot of a period of time and allocation and revenue recovery, rate schedule, not by customer. This provides a necessary reference point for surcharge revenues should be separately suggestion was not adopted. The determining the rates for a subsequent shown for each applicable surcharge; to Commission believes that the customers period. reduce the filing burden, Schedules G– should know the specific impact of the Great Lakes states that monthly 1 (Base Period Revenues) and G–2 changes. Further, the Commission adjustment period information would (Adjustment Period Revenues) should observes, this requirement is contained not be useful and should not be reported show total volumes and revenues by in the current regulations and we have in Schedule G–2. The Commission month, rate schedule (separately not been persuaded that a change is disagrees. This monthly information is showing overrun and capacity release), necessary. currently required by § 154.63(f), rate charged and zone of receipt/zone of Williston states that Schedule G–2 Statement G(b), and is used in delivery (or other category by which requires that billing determinants not be determining trends in throughput and rates are charged). NGSA asserts that adjusted for discounting. Williston whether seasonal rates are appropriate. information by customer should be believes that this could cause a There has been no persuasive argument available only upon specific request. distortion in the calculation of proper to change this requirement. These comments are supported by rate levels. However, such an Pacific Northwest contends that Chevron and generally supported by adjustment is contemplated in pipelines should not be required to IPAA. The Commission notes that Statement J–1. The purpose of attempt to identify expected future Statement G(A)(1) requires the separate Statement G is to show actual and capacity releases by each customer that identification of revenues from estimated throughput levels, unadjusted is expected to release capacity; rather, surcharges. Further, as noted earlier, the for discounting. the pipeline should be required only to revised regulations only require the ANR/CIG state that Schedule G–2 identify a total expected level of service of customer-specific information does not necessarily allow for the capacity release activity based on contained in Schedules G–1 and G–2 validation of either cost-of-service data experience in the base period as upon request. or proposed rate design, as there is no adjusted. The Commission disagrees. Arizona Directs pointed out that linkage between designed and The base period identifies capacity proposed § 154.313(j)(6)(ii) appears to discounted rates. release data by customer and the apply to all of Statement G and, if so, The Commission finds that this data pipeline must justify any changes to it should be separately stated. Referring is necessary because revenue should base period services in order to to Schedules G–1 and G–2, Arizona match the cost-of-service plus any adequately explain any proposed Directs states that this data is extremely surcharges. changes in rates. If the test period data useful and should continue to be ANR/CIG also state that Schedule G– is not provided with the level of detail provided by pipelines in their rate 2 requires a level of detail which is required, customers would not be able filings. Customers should not need to simply not available with regard to to challenge the pipeline’s projections make a specific request to obtain this discounted services. The Commission with respect to their deliveries. information. Arizona Directs states the believes that if a pipeline’s rates reflect NI-Gas and Pacific Northwest ask the specificity of (Statement G) and other discounted services, detailed Commission to clarify that pipelines are filing requirements will serve to Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52983 eliminate much current confusion. service on each customer but rather to reflected as a credit to Account 858 in Arizona Directs’ comments have caused explain and justify each adjustment. both Schedule G–5 and Schedule I–4. us to reconsider the need for this AGD recommends that Schedule G–3 Panhandle maintains that the requirement. We have deleted the information be reported only by information required by proposed proposed § 154.313(j)(6)(ii) from the pipeline rate zone and by rate schedule. Schedule G–5 should only be required final rule, and have moved the subject This proposal was not adopted as the of those pipelines who do not have language to the front of Statement G. As NGA requires that the pipeline provide separate tariff provisions dealing with explained earlier, parties may request information necessary to meet the the disposition of cashout revenues, exit Schedules G–1 and G–2 from the burden that proposed rates are just and fees, and penalty revenues. The pipeline to obtain this information. reasonable. The required information is Commission disagrees. The items The Industrials state that revenue a necessary part of this proof. identified by Panhandle would apply to from transportation services should be NI-Gas supports Schedule G–3, some items included in Account 495— shown by delivery point and/or zone to specifically the requirement that test Other Revenues. However, Schedule G– enable interested parties to determine if period adjustments to base period 5 also requires information on sales of portions of a pipeline’s system have billing determinants be explained. products extractions, revenues from gas become no longer used and useful and 21. Schedule G–4, At-risk Revenue. processed by others, incidental gasoline to conduct the appropriate geographic Schedule G–4 compares revenues and oil sales, rents from gas properties market analyses if a pipeline argues that generated by ‘‘at-risk’’ facilities to the and interdepartmental rents (Accounts it should be subject to non-cost-based cost of those facilities, as specified in 490–494). Not requiring the information ratemaking. The Commission believes § 154.310. if a pipeline has a tariff provision on a that these suggestions are too Columbia contends that the at-risk non-related item will prevent the burdensome. These regulations are only revenue requirements of proposed Commission and parties from receiving intended to cover filing requirements for Schedule G–4 are redundant and an accurate portrait of the pipeline’s cost-based rates. unnecessary given the present revenues for base and test period. 20. Schedule G–3. Schedule G–3 is a requirements for certification of new Further, the information on all of the description of adjustments to the base facilities and expansions. The accounts is necessary for auditing period. Schedule G–3 replaces current Commission disagrees. The Commission purposes. The requirement is not Schedule G(e) third paragraph. believes that this requirement is an intended to modify the pipeline’s Schedule G–3 requires quantification of important one providing a single list in existing tariff provisions on releases, the impact of each proposed change a rate case filing of all facilities that cashouts, imbalances or exit fees. rather than providing only throughput have an ‘‘at-risk’’ provision. This will 23. Statement H–1. Columbia and and contract level differences. The ensure that the Commission and all INGAA states that the proposal to Commission believes this requirement is parties are able to thoroughly evaluate identify specific months when a necessary in order for a pipeline to meet whether the at-risk condition has been proposed test period adjustment will its burden of proof with respect to satisfied or should continue to apply to occur serves no purpose in Staff’s rate changes to billing determinants. This the pipeline. analysis and the company would be schedule should reduce follow-up data NI-Gas argues this schedule should required to speculate an event which requests and shorten the time required specify the reasons why the pipeline has places upon the company an to analyze and evaluate the pipeline’s assigned the particular revenues to the unnecessary burden with no probable proposed changes. at-risk facilities, rather than to general benefit or purpose and should be ANR/CIG and Great Lakes state that unsubscribed system capacity. This eliminated. The Commission agrees the proposed Schedule J–1 seeks the suggestion was not adopted because with Columbia and INGAA’s comments same information as G–3, but on a Schedule G–4 requires the pipeline to and has eliminated the requirement to summary level. ANR/CIG suggests provide at-risk revenues by customer by identify the month of the proposed test moving the requirements of Schedule rate schedule. If parties disagree with period adjustment. G–3 to Schedule J–1 in order to place the pipeline’s assignment of revenues to The Pacific Northwest Commenters the supporting calculations with the specific customers or rate schedules, suggest that if the Commission intends required summary and enhance the use they may challenge the pipeline on this to deal with rate case issues of this data. issue in the litigated phase of the rate expeditiously, the Commission should Statement G shows throughput data proceeding. Pipelines are encouraged to require a pipeline to provide more while schedule J–1 shows the billing address this issue at the time they file adjustment information on Operation determinants used to develop rates. As to remove their at-risk conditions. and Maintenance Expenses, than explained at Schedule J–1, the two sets 22. Schedule G–5, Other Revenues. required in the proposed Statement H– of data do not always coincide. Thus, a Schedule G–5 collects revenue data 1 description. reconciliation is needed. Because the regarding the sale of products extracted Proposed Statement H–1 requires a two statements serve different purposes, from natural gas and other activities detailed explanation of the basis for the Commission will not require that reported in Accounts 487–495. New each adjustment with supporting they be consolidated. However, requirements to quantify and explain workpapers. If additional information is Proposed Schedule G–3 has been changes to base period actuals and necessary, the parties can, through a modified and no longer refers to provide information about releases, data request, obtain the information. We ‘‘discounting.’’ penalties, cash outs, other imbalances, want to reduce the filing burden, not Columbia states that this regulation and exit fees are incorporated in this increase it by requiring the filing of could be interpreted to require that a schedule. Revenues from miscellaneous more adjustment information. determination be made as to the impact services still must be reflected in 24. Schedule H–1(1). AGD of each change in the cost-of-service on Account 495. Further, pipelines must recommends that expenses associated each customer. The Commission explain the circumstances relating to with project development including clarifies that the intent is not to require revenues from ‘‘special’’ types of ‘‘X’’ engineering, administrative and legal, a determination to be made as to the rate schedules. Revenues from the and market development expenses be impact of each change in the cost-of- release of Account 858 capacity must be separately itemized by project. AGD is 52984 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations concerned that a pipeline may be allow pipeline gas use to be better periods; and (3) explain each test period accruing expenses over its cash understood and tracked. adjustment to base period actuals for expenditures. AGD recognizes that some We agree with NGSA that these intercompany costs included in the accruals may be in order, however, it schedules could be grouped together. cost-of-service. NGSA considers this seeks data that will allow customers to However, we would prefer not to mix information necessary where a pipeline test whether a pipeline is inflating its the fuel use schedule with the system has affiliated gas related companies expenses in order to increase its rates. gas reimbursement and exchange gas providing non-jurisdictional services AGD recommends that the Commission schedules. Since both Proposed (e.g., marketing and gathering). require a pipeline to reconcile its base Schedules H–1(3)(a) and (b) present The Commission recognizes that period expenses with actual cash primarily system gas transactions, we NGSA’s recommendations would expenditures as a part of Schedule H– will combine them into a new schedule provide valuable information on the 1(1). incorporating the same reporting non-jurisdictional services of a pipeline. The Commission agrees with AGD’s requirements. Proposed Schedule H– As recommended by NGSA, the recommendation to require a pipeline to 1(1)(c) which reflects the company-used language in paragraph (iv) of Schedule reconcile the base period expenses to gas will not be revised. H–1(2)(j) will be modified to incorporate actual cash expenditures. Proposed Columbia states with the advent of NGSA’s recommendations (1) and (2). Schedule H–1 requires the disclosure Order No. 636 and the elimination of Statement H–1 requires an explanation and explanation of any special accruals the merchant function throughout the of all adjustments, and therefore, and will be modified to require industry, the need to retain gas for NGSA’s recommendation (3) is not identification of all accruals which will operations is nearly universal. Because necessary. met the AGD’s recommendation. the rate that shippers pay for the gas The Pacific Northwest Commenters 25. Schedules H–1(1)(c), H–1(3)(a), that is ultimately retained by a pipeline recommends that the Commission and H–1(3)(b). Northwest/Williams varies, the rate assigned for reflecting an ensure that Schedule H–1(3)(k) or a expense for gas used on the system in separate schedule provides: (1) recommends that Schedules H–1(1)(c), Schedules H–1 and H–1(1)(c) is not Complete and clear disclosure of all H–1(2)(a), and H–1(2)(b) should only be meaningful for purposes of reporting corporate overheads allocated to a submitted by a pipeline utilizing an expenses in these schedules. pipeline; (2) a full explanation of the authorized PGA mechanism. The Commission agrees with service provided; (3) a demonstration The Commission rejects Northwest/ Columbia. However Schedule H–1(1)(c) that such service is not duplicative of Williams’ recommendation. Compressor does not require the rate assigned for functions performed by the pipeline fuel usage is reflected on these reflecting an expense for gas used on the itself; and (4) the savings that result schedules and is used to determine the system. Only the costs (expenses) and from sharing such services with other appropriate fuel retention percentage volumes (quantities) are required. corporate affiliates. In addition, the whether or not a pipeline has an 26. Schedules H–1(2)(a) and H– Pacific Northwest Commenters authorized PGA mechanism. 1(2)(b). These schedules were required recommend that where a pipeline uses Williston states that because fuel costs for pipelines with Commission an allocation formula, the pipeline must are recovered by a separate mechanism approved PGA clauses in their tariffs. show all calculations using the formula. under a pipeline’s existing tariff such Since these schedules would apply to Pacific Northwest Commenters’s costs should not be subject to review. only two pipelines, there is no reason to recommendations raise a valid area of Therefore, Schedule H–1(1)(c) should be maintain them in the regulations. The concern regarding pipelines’ overhead eliminated. However, Williston data reported on these schedules will be allocation. However, requiring a contends volume data should be gathered through the data request pipeline to provide the requested level provided for gas balance purposes. process. Thus, Schedules H–1(2)(a) and of detail would be extremely labor The Commission must review all fuel H–1(2)(b) are deleted. All subsequent intensive and it would be difficult for a costs, whether recovered in a separate schedules will be renumbered. pipeline to determine the savings mechanism or not. Fuel usage is an 27. Schedule H–1(2) [Proposed without a costly study. We will clarify important element of a pipeline’s costs Schedule H–1(3)]. Columbia our instructions to incorporate language and though these costs may be tracked, recommends that Schedule H–1(3) be requiring a complete and clear a pipeline’s tracker may require a eliminated because the data is also disclosure of all corporate overhead redetermination of the base level in a provided in FERC Form No. 2. allocated to the company with rate proceeding. This data is reflected The Commission disagrees with calculations underlying all allocation on Schedule H–1(1)(c) and therefore, Columbia that the data reflected on formulas. can not be eliminated. Since both Schedule H–1(2) is provided in FERC AGD states in order to determine how volumes and costs are recorded in the Form No. 2. The data in the FERC Form joint costs are allocated between a fuel accounts, the data is readily No. 2 is reported on a calendar year pipeline and its affiliated entities, the available. Thus, Schedule H–1(1)(c) will basis and may not reflect the base Commission should clarify its continue to reflect both volumes period of a proposed rate filing. regulations by declaring that a pipeline (quantities) and costs (expenses). 28. Schedule H–1(2)(j) [Proposed bears the burden of proving that all NGSA recommends that the following Schedule H–1(3)(k)]. NGSA charges from affiliates and all overhead be grouped together and reconciled with recommends that proposed Schedule H– charges are just and reasonable, purchased gas costs and other fuel 1(3)(k) be expanded under (iv) to require including per book amounts. AGD reimbursement: Schedule H–1(1)(c) a pipeline to: (1) Document and further recommends that a pipeline’s expenses and associated quantities demonstrate the derivation of the failure to fully support charges from applicable to Account Nos. 810, 811, allocation bases used to allocate costs affiliates and overhead allocations and 812; Schedule H–1(3)(a) accounts among affiliated companies; (2) identify should be grounds for summary used to record fuel use or gas losses; and (by account number) all costs paid to, or rejection of any claimed amounts, Schedule H–1(3)(b) account used to received from affiliated companies including amounts taken from its books. record other gas supply expenses. NGSA which are included in a pipeline’s cost- The Commission agrees with AGD maintains this modification would of-service for both the base and test and clarifies that a pipeline bears the Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52985 burden of proving that all charges from burden without providing any virtually all interstate gas companies affiliates and all overhead charges are demonstrated need for the data. utilize ‘‘full normalization’’ concept in just and reasonable. However, AGD’s The Commission disagrees with computing income taxes, therefore no recommendation for summary rejection Panhandle. Credits for charges to differences exist and Schedule H–3(2) of any claimed amounts would be affiliates reduce the pipeline’s operating should be deleted from the filing. prejudging a pipeline’s case prior to a expenses and therefore, are relevant to Northwest/William states that appropriate hearing before this rate determinations. This requirement to Schedule H–3(3) is not useful in Commission. The Commission disagrees report charges or credits to associated or evaluating a rate filing. Williston notes with this recommendation. affiliated companies is not a new that Schedule H–3(3) rarely, if ever, Columbia and INGAA state that this requirement, and Panhandle has not draw inquiry. Williston believes the schedule is voluminous and usually the provided a sufficient argument to information on this schedule serve no only item of importance is overhead change this requirement. regulatory purpose and should be allocations, which are detailed on 29. Schedule H–1(2)(k) [Proposed deleted. Schedule H–1(3)(f) (Account 923). They Schedule H–1(3)(l)]. Panhandle states Schedules H–3(1) was intended to recommend that Schedule H(1)–(3)(k) that the details of all lease payments report the reconciliation of book and should reflect only total amounts, not over $500,000 are not required by Order taxable net income for a pipeline. The monthly amounts, and should reflect No. 636, nor does this data appear to be data as reported rarely reflect the same only major intercompany transactions. required by any current articulated time period as the base period of the This can be accomplished by increasing ratemaking policy of the Commission. rate filing. Thus, we find the the minimum dollar level reported to Panhandle states that the Commission is information has limited use in the $500,000. imposing a significant new reporting overall analysis by our staff. Therefore, Intercompany transactions affect burden without an explanation of why we have deleted Schedule H–3(1). Proposed Schedule H–3(2) had many operating accounts, not just the information in Schedule H–1(3)(k) is required reporting the differences Account 923. However, to the extent needed or how it is significant. between book and tax depreciation on a details of intercompany transactions Panhandle states that the requirement straight-line basis and the excess of affecting Account 923 are provided in should be deleted or limited to leases liberalized depreciation for tax Schedule H–1(2)(j), pipelines may group applicable to gas operations. The purposes. As noted by INGAA, most all such transactions together in Commission clarifies that this schedule pipelines utilize the ‘‘full Schedule H–1(2)(e). The Commission is for reporting only the leases normalization’’ concept in computing must scrutinize affiliate transactions, applicable to gas operations. 30. Schedule H–2(1). Northwest/ income taxes, therefore no differences particularly those with marketing Williams states that the information exist. Thus, the Commission will delete affiliates. Therefore, a high threshold is included on Schedule H–2(1) can be Schedule H–3(2) in the final rule. not appropriate. found on other statements or schedules. Proposed Schedule H–3(3) (New Panhandle states that a complete Williston notes that Schedule H–2(1) Schedule H–3(1)) reflects the state explanation and workpapers supporting rarely, if ever, draws inquiry. Williston income taxes paid during the current each adjustment to base period expenses believes the information on this and/or previous year covered by the test are already required by instructions for schedule serves no regulatory purpose period. This is the only schedule of a Statement H–1. There is no need to and should be deleted. rate filing where state income taxes paid report these same adjustments The Commission’s disagrees with by state are reflected. A thorough separately in Schedule H–1(3)(k). The Northwest/Williams and Williston that evaluation of the state tax rates, proposed regulation does not provide the information on Schedules H–2(1), allocation factors, etc. is necessary to any justification or explanation for this H–3(3), and H–3(4) are not useful in complete our analysis of a rate filing. added burden on the filing company. evaluating a rate filing or serves no 33. Schedule H–3(4). Columbia Proposed Schedule H–1(3)(k) is a regulatory purpose. Schedules H–2(1) recommends that the regulatory asset or workpaper reporting the details of these provides the reconciliation of liability, net of deferred tax amounts, be intercompany and interdepartmental depreciable plant to the gas plant included in a reconciliation of Schedule transactions, by account. Statement H– reflected in Schedule C–1. The H–3(4) or a workpaper be established to 1 reports only the actual book balances Commission is unaware of this support the calculation of the regulatory for operating expense accounts and information being available in another asset or liability on Schedule B–2. proposed adjustments to these accounts. schedule. The Commission agrees with The account details are necessary to 31. Statement H–3. NGSA Columbia that the regulatory asset or determine the appropriateness of the recommends that Proposed § 154.305, liability net of deferred tax amounts individual charges, which is only Tax Normalization, be incorporated into should be included in a reconciliation available on this schedule. Thus, the the instructions for income taxes under of Schedule H–3(4) or as a workpaper to Commission will not revise Schedule § 154.312, Statement H–3. The support the calculation if included on H–1(2)(j) to reflect Panhandle’s Commission agrees with NGSA and Schedule B–2, if recovery of these costs recommendation. modified Statement H–3, accordingly. are included in the computation of rate Panhandle states that the additional 32. Schedules H–3(1)–(3). Columbia base. However, the gross amounts requirement to report charges or credits avers that Schedules H–3(1) through (3) should also be included. to associated or affiliated companies are rarely relied upon and should be Williston notes that Schedule H–3(4) should not be adopted since the eliminated and asks that the rarely, if ever, draws inquiry. Williston amounts charged to affiliates are not Commission clarify the exact intent of believes the information on this included in O&M Expenses for the cost- this schedule with respect to the schedule serves no regulatory purpose of-service to the pipeline and are proposed changes to § 154.306(d)(2). and should be deleted. irrelevant to a determination of the INGAA states that Schedule H–3(1) is Schedule H–3(4) presents pipeline’s rates. Panhandle asserts seldom used in rate analysis and should accumulated deferred income taxes for further that the reporting of this data be deleted from the filing requirements. the latest reporting period reflected on will add significantly to a pipeline’s Columbia and INGAA states that Statement B, Rate Base. The information 52986 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations reported on this schedule is vital for the Commission disagrees. A&G costs by Commission to order the flowthrough of determination of a pipeline’s account, are used to determine whether refunds to customers. The Commission appropriate rate base level and will not costs should be allocated by plant or declines to add this administrative be deleted. Proposed Schedule H–3(4) is direct labor under the Kansas-Nebraska burden. Such information is not renumbered Schedule H–3(2). method. Accordingly, the proposed generally required for a rate case. 34. Schedule H–4. INGAA states that requirement to provide A&G costs by Northwest/Williams states that the value of identifying the amounts account has not been removed. Schedule I–4 is no longer needed in an expended or accrued during the rate NGSA states that Schedule I–2 should Order No. 636 environment. The period would not be comparative. This require the classification of revenue Commission disagrees. Several is so because there is usually an credits by account. Revenue credits pipelines retain capacity on upstream overlapping of a payment year and the generally include Accounts 490–495. pipelines for operational purposes. This reported year in a rate filing. The amounts reflected in several of statement is needed to ensure that the Proposed Schedule H–4, except for these accounts (such as Account 492– level of such Account 858 costs is editorial revisions, is identical to the Incidental Gasoline and Oil Sales) appropriate. We note that pipelines that prior regulations. INGAA’s arguments would ordinarily be classified as do not retain upstream capacity for have not persuaded us that there is no variable costs. However, the revenues operational purposes do not need to file longer a need for this information to be from Account 493–Rent From Gas this information. reported. The amounts reflected on this Property would be classified as a fixed The Industrial Groups note that schedule provide the Commission with cost. Thus, a breakout of the proposed Schedule I–4(d) required a beginning point in the overall analysis classification of revenue credits by monthly ‘‘revenues’’ but should refer to of other taxes by furnishing the account is needed. The Commission ‘‘costs.’’ The regulation has been expended and accrued taxes for the base modified proposed Schedule I–2 corrected. period. accordingly. 39. Schedule I–5. Current Schedule I– 35. Schedule I–1, Functionalization of 37. Schedule I–3, Allocation of Cost- 5 requiring information on meters, is Cost-of-Service. Schedule I–1 replaces of-Service. Schedule I–3 replaces deleted. current Statement I (Allocation of current Schedule J. Schedule I–3(ii) The NOPR had proposed a new overall cost-of-service). The information bridges the gap between the cost-of- Schedule I–5, Three-day peak on jurisdictional and nonjurisdictional service and rates. The information deliveries, to replace current Schedule sales allocation is eliminated as no required is now filed under current I–6. However, in light of comments and longer needed. Schedule K–1. Schedule I–3(ii) follows reconsideration, the Commission has Schedule I–1(c) requires a pipeline a more logical order. It also recognizes determined that the information on 3- that maintains its records by zones and that there are often several allocation day peak deliveries is no longer proposes a zone rate methodology to steps before rates are actually generally useful in a rate case.68 provide functionalized costs for each calculated. Schedule I–3(iii) requires the Northwest/Williams notes that, in a zone. NGSA suggests that Schedule I–1 formulae and allocation determinants. restructured environment, contract (c) should only be required for pipelines Schedule I–3(iv) requires an explanation demand or MDQs are the primary basis which separate their cost-of-service by of any changes from the current for the design of firm transportation zones. This is already the case. Section methodology, as is required under reservation charge, therefore the average 154.310 requires a cost-of-service by current Schedule K–2. 3-day peak information is not required zone only if a pipeline maintains 38. Schedule I–4, Transmission and for rate design for many pipelines. records of costs by zones and proposes Compression of Gas by Others (Account Northwest/Williams is generally correct; a zone rate methodology based on these 858). Schedule I–4 replaces current however, if a pipeline allocates costs on costs. (See the discussion of § 154.310.) Schedule I–4. The revisions reflect the basis of 3-day peaks, it must provide NGSA also states that on Schedule I– current operations. Schedule I–4(i) the basis for such allocation in Schedule 1 (d), pipelines should be required to requires information on the expiration I–3(c). show the basis for allocating all costs date of each contract with an upstream 40. Schedule I–5, Gas Balance. pipeline. This will provide the (A&G, working capital) among Schedule I–5 replaces current Schedule Commission with information about the functions. This showing will be I–7 with the deletion of that schedule’s status of contracts. Schedule I–4(iii) required by the new regulations as it is last sentence.69 requires the pipeline to report monthly required by the current regulations. Williston commented that this 36. Schedules I–2(i) and (ii). usage volumes and monthly costs. schedule should be deleted because it Schedules I–2(i) and (ii) replace present Schedule I–4(v) requires minimal does not provide useful information for Schedule I–2. Schedule I–2(iii) requires information about capacity release. It the design of base rates and requires an explanation of all changes in does not request any information on the information also required in FERC Form classification from the pipeline’s identity of the contracting party. The No. 2. Williston is mistaken. This currently effective rates. This information on revenues for releases is schedule shows the pipeline’s actual information is required by current necessary to ensure that the pipelines’ and projected physical operations. Such Schedule K–2, but is often difficult to customers that pay the Account 858 information assists the Commission and distinguish from other information. costs receive a credit for revenue from parties in evaluating whether the INGAA, ANR, and CIG state that in capacity releases made by the pipeline pipeline’s rate design is appropriate for Schedule I–2, classification of of this upstream capacity. administrative and general expenses by AGD states that Schedule I–4 should its operating characteristics. For account serves no useful purpose in rate require the reporting of rates that are in example, if transportation throughput analysis. Columbia notes that the effect subject to refund and a statement during the winter is significantly higher classification of A&G costs by account is of last approved rates. AGD avers that than during the summer, seasonal rates not useful if the pipeline allocates on a the additional information will notify 68 Pipelines with non-jurisdictional sales must direct labor basis because the parties of any refund contingencies provide this data in Statement J. classification is fixed and recoveries reflected in the pipeline’s Account 858 69 This schedule appeared in the NOPR as occur through the demand charge. The costs and will provide a basis for the proposed Schedule I–6. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52987 may be appropriate. Further, FERC K–1. Schedule J–2 more clearly specifies in initial interventions and pleadings. In Form No. 2 does not provide test period what information is required and addition, by requiring that Statement P data. requires that costs and billing be filed with the rate case, the number 41. Statement J, Comparison and determinants be cross-referenced. of protests should be reduced, since Reconciliation of Estimated Revenues 44. Schedule J–2(iii). Schedule J–2(iii) intervenors will only have to file With Cost-of-service. Statement J requires the same information as current protests when warranted, rather than replaces current Statement K. Statement Schedule K–2. protectively. IPAA states that filing J will provide the same type of Pacific Northwest Commenters states Statement P with the rate case will comparison as the current schedule, that the Commission should expand the allow for more expeditious processing except that Schedule J specifically requirements to include a full narrative of rate cases and will shorten the time requires that Schedule G–2 must be of the method used and step-by step period during which shippers can be compared to Statement I. Statement J calculations for each rate component of held hostage to unjust and unreasonable also requires that surcharges be reflected each rate. The Commission notes that rates collected subject to refund. The and recognizes that they are not derived such narratives are already required by LDC Caucus notes that many state from the cost-of-service, but are Schedule G–3 and § 154.201(b)(2). Public Utility Commissions (PUCs) jurisdictional revenues. Also, Columbia seeks clarification that the require Local Distribution Companies discounting adjustments are provided in rate component referenced relates to a (LDCs) to file testimony concurrently this statement. reservation/usage distinction and not a with their rate cases. Finally, Brooklyn 42. Schedule J–1, Summary of Billing distinction based on the individual Union notes in support of the proposed Determinants. Schedule J–1 will help components of the cost-of-service. Statement P requirement, that the correlate the volumes in Schedule G to Columbia’s interpretation is correct. Commission’s regulations require the volumes used to develop rates. NI-Gas suggests that pipelines be electric utilities to file testimony with ANR and CIG state that this schedule required to include schedules with rate increase filings. seeks the same information as Schedule Statement I that specify the impact of ANR/CIG, INGAA, NGT and G–3, but on a summary level, therefore, each proposed change in Panhandle suggest, as an alternative, the requirements of Schedule G–3 functionalization, classification, that a two-phase filing of Statement P be should also apply to Schedule J–1 so allocation or rate design. NI-Gas also considered. In Phase I, pipelines would that the supporting calculations are suggests that the explanation of changes file testimony with the rate case provided with the summary. Williston in rate derivation required by Schedule concerning the rate case issues for states that this schedule duplicates J–2 provide the impact on shippers of which refunds are not a remedy. In existing information in Schedule G and each change. Such impacts and Phase II, 15 or 30 days later, the should be deleted. The Commission explanations are not required under the pipeline would file remaining testimony disagrees. Schedule G–3 provides current regulations and would be too on the ‘‘boiler plate’’ issues of cost-of- detailed information for each proposed burdensome as a generally applicable service, billing-determinants levels, rate adjustment to actual base period billing requirement. Section 154.201 (b)(2) base, etc. determinants while the information in requires a pipeline to support rate Columbia questions whether filing Schedule J–1 is summarized for rate changes with step-by-step calculations Statement P with the rate case filing has design purposes. Each schedule is and a written narrative to allow the any significant benefit or purpose. retained because each serves a different parties to duplicate the pipeline’s Columbia supports maintaining the old purpose. calculations. Section 154.313, rule (15-day lag) with respect to cost-of- Columbia states that the requirement Statements I and J, set out guidelines on service and rate testimony, but would to include surcharges as part of the how a pipeline should present its rate not object to the new rule with respect revenues in Schedule G needlessly case. These requirements should to issues where rate refunds are not an complicates the reconciliation process. provide sufficient information for a adequate remedy. Columbia advocates ignoring surcharges party to compute the impact of each KNI contends that the extra 15 days of limited duration or those subject to change. Moreover, as the need arises, presently allowed for filing Statement P intermittent changes. additional information may be provided provides time to develop more The Commission recognizes that through discovery at a hearing. comprehensive and detailed testimony surcharges are not part of the cost-of- The Industrial Groups state that this than would otherwise be produced if service; however, surcharge information schedule should incorporate the Statement P had to be submitted enables the Commission and parties to Schedule K–2 requirements verbatim. concurrently with all other schedules. verify whether discounts are attributed The Commission did not adopt this KNI contends that more ‘‘polished’’ to base rates or surcharges consistent suggestion because such requirements testimony is likely to reduce discovery with § 154.109. are found in § 154.201(b)(2) and so, no requests. AGD states that requirements should change is necessary. MRT submits that requiring testimony be supplemented to facilitate 45. Statement P. AGD, APGA, to be filed concurrently with a rate case reconciliation calculations. AGD Consumers Power, Brooklyn Union, would create an enormous and recommends requiring the pipeline to IPAA, JMC, Michigan, Pacific Northwest unnecessary burden on pipelines. If, include a summary by rate schedule and Commenters, Columbia Distribution, however, the Commission requires by zone of billing determinant LDC Caucus, NDG, SoCal, and UDC Statement P to be filed concurrently, adjustments provided in Statement G. support the initial filing of Statement P then MRT proposes that the The Commission disagrees. As stated as part of the pipeline’s rate filing. Many Commission take additional actions to above, all reconciliations to billing of these commenters note that Statement reduce the burden. MRT requests that determinants in the design of rates, P is the key element in understanding the Commission amend § 154.304(a)(1) including discounting adjustments, a pipeline’s rate filing. The availability to lengthen the time from the last day must take place in Statement J, not of a properly prepared Statement P will of the base period to the filing date from Statement G. help the pipeline’s customers identify 4 months to 5 months. Alternatively, 43. Schedule J–2, Derivation of Rates. the real issues presented by the rate MRT requests that pipelines not be Schedule J–2 replaces current Schedule filing in time for the issues to be raised required to file all schedules and 52988 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations statements with the rate case. Rather, achieve a fair return on the overall reinstate Statement N for pipelines with schedules ‘‘which are not essential to jurisdictional business. Increases in the cost-of-service form of tariff. the Commission’s development of a rates or charges which, for the test With regards to Northern Border’s suspension order’’ should be delayed period, do not exceed the smaller of comments recommending the until 15 days after the initial filing. $1,000,000 or 5 percent of the revenues reinstatement of Statement N for Panhandle is concerned about the under the jurisdiction of the pipeline with the cost-of- service form requirement that a pipeline must be Commission will be considered minor. of tariffs, the Commission understands prepared to sustain its burden of proof A change in rate level, no part of which the particular problems relating to this on the proposed changes solely on the directly or indirectly results in any pipeline. Because of the nature of cost- basis of the prepared testimony increased charge to a customer or class of-service tariffs, Northern Border submitted with its initial rate case filing. of customers, will also be considered a would only file under § 154.314 when Panhandle states that this requirement minor rate change. changes in approved rate of return or could be interpreted to require a MoPSC recommends that the specific services are proposed. Any other filings pipeline to anticipate and address every words ‘‘rate decrease’’ be added to to recoup costs are considered limited issue which may be raised in the rate § 154.313, to clarify what requirements section 4 filings and would not be case. In addition, Panhandle is are applicable for rate decrease affected by this section. Cost-of-service concerned about the proposed applications. In addition, MoPSC tariff holders filings under this section regulation could be interpreted to believes the threshold definition for must request a waiver of the test period preclude a pipeline from filing either minor rate changes is too broad. MoPSC adjustments and updating, since these supplemental direct or rebuttal recommends a minor rate decrease be pipelines are required to recover only testimony to address issues raised redefined as ‘‘a change which does not actual costs, not adjusted costs. subsequent to the rate filing. Panhandle increase a company’s revenues by Therefore, the Commission will not states that if the proposed regulations on $1,000,000 and does not directly or provide any specific revisions for cost- Statement P are adopted, they should be indirectly increase a rate or charge to of-service tariff holders. clarified to make it clear that the any customer by more than 2%’’. n. Section 154.314 Other Support for pipeline has the right to file both Comments concerning the threshold a Filing. Section 154.314 provides that supplemental and rebuttal testimony. definition were considered. However, in any company filing for a rate change is Panhandle also states that if it is light of the probable burden of reporting responsible for preparing prior to filing, required to make its case-in-chief solely the rate impact to specific customers the and maintaining, workpapers sufficient on the Statement P evidence, then the threshold was not revised. to support the filing.71 In addition to the Staff and intervenors should not be NDG states that while the net impact workpapers, the NOPR provided that allowed to use actual information for of the ‘‘minor’’ change on the pipeline’s certain other material, related to the test the test period as the basis of their customers in aggregate may be minimal, period, must be provided, such as testimony to show that the pipeline’s the impact on individual customers may copies of monthly financial reports estimates should be rejected and be significant. NDG proposes that the prepared for management purposes, and substituted with ‘‘better’’ actual standard for what constitutes a ‘‘minor’’ copies of accounting analyses of balance numbers. sheet accounts. A filing pipeline has the statutory rate change be based on the magnitude of individual customer specific impacts INGAA is opposed to the submission burden to support its rates as just and of financial reports prepared for reasonable. The Commission resulting from the filing. Thus any rate change which increases a single management and the accounting emphasizes that it expects pipelines to analysis of such financial statements. make their case-in-chief at the outset of customer’s costs by more than the lesser of $250,000 or 10% of the amount INGAA states that this information is the case and not rely on supplemental sensitive and is not generally provided and rebuttal testimony for that purpose. previously being charged for the effected services, should be considered to the general public. However, as a proceeding progresses The requirement to provide this other through the hearing process, the need to be a major rate change and should be required to be supported by the full material to the Commission upon may arise for the pipeline to supplement request has been removed from the its prepared testimony and to present filing requirements. The Commission notes that the revised regulation. This information can testimony in rebuttal to the adverse be obtained by any party through positions of others. requirements for rate decrease filings should be clarified. These filings must discovery after a rate case has been set m. Section 154.313 Schedules for for hearing. Minor Rate Changes. The Commission meet the same criteria as rate increase intends that the filing burden for minor filings, i.e., increases or decrease in 5. Subpart E—Limited Rate Changes rate increases and rate decreases be less rates or charges which, for the test a. Section 154.401 RD&D than that for other rate changes.70 Minor period, do not exceed the smaller of Expenditures. Section 154.401 replaces rate increases usually relate to a few $1,000,000 or 5 percent of the revenues current § 154.38(d)(5). schedules and are designed to bring under the jurisdiction of the b. Section 154.402 ACA such schedules into harmony with Commission will be considered minor. Expenditures. Section 154.402 replaces general tariff policy, to eliminate Northern Border states that proposed current § 154.38(d)(6). inequities, and to achieve other formal §§ 154.301, 154.311, and 154.312 appear c. Section 154.403 Periodic Rate adjustments, in cases where any to have overlooked the ratemaking Adjustments. New § 154.403 governs the increase in revenue is subordinate to circumstances for pipelines utilizing a passthrough, on a periodic basis, of a some other purpose. They include cost-of-service form of tariff. Northern single cost item or revenue item not changes that are not designed to provide Border believes § 154.313 (minor otherwise covered by subpart E, such as general revenue increases such as to increases) is designed for stated rate remaining purchased gas adjustment offset increased costs or otherwise tariffs and would not be appropriate for mechanisms, fuel loss and unaccounted- the cost-of-service form of tariff. 70 This regulation appeared in the NOPR as Therefore, Northern Border 71 This regulation appeared in the NOPR as § 154.314. recommends that the Commission § 154.315. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52989 for gas, and transition cost filings. These determine the impact of the tracker Account 858 filings, IT revenue credit new regulations are consistent with adjustments. No customer impact filings, etc.). NGSA suggests the current Commission policy governing statement will be required. following items be required with filings these filings and generally reflect CNG requests clarification to assure made under this section: currently effective tariff provisions. that these new requirements will not be a. Reconciliation information for the past The requirements of this section are retroactively applied to existing tariff period which compares the volumes and subdivided into two parts. The initial provisions. The Commission affirms revenues actually recovered to the volumes part sets forth the minimum general that any tariff provisions which have and costs used to design the rates previously requirements the pipeline must meet if been approved will not be reviewed in effect, with discounted transactions it proposes, or the Commission requires, anew to determine their compliance separately identified, and showing any past a periodic passthrough mechanism in with these regulations. Any future period underrecovery to be included in the the future. Significant among the new filings under currently effective tariff new rate; requirements of this section is the provisions must comply with b. Actual data on costs incurred since the last filing, compared to the costs on which requirement to include a sample § 154.403(d), however. the previous rates were based; calculation in the tariff of the periodic INGAA wants the Commission to c. Derivation of any discounting rate change methodology. This sample expand the items tracked (allowed for adjustment included in the proposed rates, calculation will assist the Commission periodic rate adjustments) to include citing the authority under which such and interested parties in understanding costs incurred to comply with adjustment is being made; the proposal and ensure that the tariff governmental regulations under federal d. Citations to data sources and approval language adequately explains the and state environmental and safety order for data used which is derived calculation steps. Further, it will laws. Pipelines should be afforded the elsewhere; and provide a template for future filings option of a limited Section 4 filing or a e. Requirement that costs, volumes, under the tariff provision. deferred account to recover costs allocation and rate design be shown by zone The general requirements portion of associated with compliance with of receipt/zone of delivery or other category used to charge rates, where appropriate. § 154.403 also include the requirement environmental and safety regulations that all periodic rate change without incurring the costs of filing a NGSA suggests several specific mechanisms include a description of the full rate case. modifications to the proposed timing and methodology of the KNI would also like to see recovery of regulations in § 154.403. Section adjustments, including a description of Department of Transportation (D.O.T.) 154.403(c) directs the pipeline to all mathematical calculations. No steps pipeline user fees via a periodic rate include in its tariff information about should be excluded. Given the numbers adjustment (tracker). D.O.T. user fees the mechanism which will be used to from the source documents, anyone are presently recovered as part of the adjust the pipeline’s rates. The reading the tariff should be able to cost-of-service reflected in the demand Commission anticipates that all the arrive at the rate component by charge; however, these fees are similar information NGSA seeks will be following the steps described in the to ACA and GRI charges and should be available through the tariff or in the tariff. similarly tracked and recovered through filing. No modification to the The second portion of § 154.403 a surcharge. KNI argues that, as it stands regulations is required. addresses the information to be now, any changes in D.O.T. fees can Northern Border recommends submitted with each filing. The filings only be reflected in rates by making a eliminating the requirement that a should contain workpapers which show general rate case filing. KNI maintains company that recovers fuel use and the calculations described by the tariff. that use of a tracker would avoid the unaccounted-for gas in-kind state its The Commission intends to collect need for a rate case filing to recover the reimbursement percentages in its tariff. sufficient supporting calculations to significant increase in these federal Northern Border prefers that pipelines show a clear path from the source data taxes currently under consideration. be allowed to show such changes by to the rate component. The Commission is not adopting posting on the EBBs, in lieu of Pacific Northwest Commenters regulations for each different type of numerous and untimely tariff filings. generally support the proposed rules cost or revenue tracked. By adopting a Northern Border maintains that due to governing filings to track specific cost generally applicable provision, the the operation of its system, percentages items where permitted. However, they Commission avoids having to modify its change monthly or more often, and believe the rules should be clarified to regulations every time a new cost is changes are computed and implemented provide that (1) the general terms and tracked or ceases being tracked. within one week. Northern Border conditions for a tracker must be The Commission is adopting currently uses its EBB in such a manner, approved and effective before a rate regulations to be generally applicable. and it is considered an efficient and change is filed, and (2) any filing of a The specific types of costs or revenues accepted practice by its customers. rate change under a tracker should subject to these regulations are not an By far, the most common practice include a summary table showing the issue for this rulemaking. Instead, among pipelines is to state their fuel impact on customers. pipelines may propose trackers for costs reimbursement percentages in the The proposed regulation was not incurred to comply with governmental tariffs. The Commission is adopting the modified as Pacific Northwest regulations under federal and state regulation to reflect this common Commenters suggest. Commonly, a cost environmental and safety laws, such as practice. The manner in which Northern tracker is adopted during a general rate D.O.T. user fees, in individual Border posts its fuel reimbursement proceeding where the tracker can be proceedings. percentages has already been approved established prior to its use. The parties NGSA states that, for clarity and to by the Commission and the Commission subject to the tracker have ample ensure that the filings contain the does not intend to apply this regulation opportunity to explore issues related to proper information necessary to to pipelines with approved tariffs that the tracker in the rate proceeding. evaluate the proposed changes, the provide otherwise. Further, there should be sufficient data regulations should be written separately Northwest/Williams believes that the available in the filing, tariff, and service for the types of filings to which they requirement that tariffs contain step-by- agreement to permit each customer to apply (i.e., fuel filings, GSR filings, step descriptions of the amounts 52990 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations calculated and of the flowthrough matter, NI-Gas asserts that pipeline surcharges recover the full amount of mechanism is burdensome because it shippers do not have the means to the refunds. INGAA suggests removing will require many pages of text and will aggressively participate in all the 60-day limit or specifying that be difficult to predict every possible proceedings which give rise to or affect refunds will only be paid out to the scenario that might impact the tracked costs. extent the amounts have been collected calculations. Northwest/Williams would The section to which NI-Gas refers, in full. like to see the step-by-step descriptions § 154.403(d)(4), is not intended to apply INGAA also urges the Commission to eliminated and a general description to refunds due as a result of a delete the proposal in § 154.501(a)(2) included in the tariff instead, with any Commission determination that that any natural gas company must further explanations handled through increased rates or charges are not refund to its jurisdictional customers data requests or informal technical justified or to refunds approved by the the jurisdictional portion of any refund conferences. Williston also requests Commission as part of a settlement. The it receives within 30 days of receipt. In deletion of the step-by-step description reference to the return of revenues in the alternative, INGAA suggests requirement because it is unnecessary this section refers to revenues subject to allowing pipelines a reciprocal right to and will clutter the tariff making it a revenue crediting mechanism surcharge jurisdictional customers, if inflexible and potentially unworkable. approved under this section. The they are subject to paying a higher rate Columbia argues that a clarification is section underscores the precept that the to upstream pipelines, within the 30 necessary because, as drafted, the effect of any new rate recovery days. regulations could be read to require that mechanism is prospective not ANR/CIG argue that the proposed a pipeline incorporate into each rate retroactive. language mandates the institution of a Finally, Foothills filed comments to schedule ‘‘a sample calculation in the one-way tracker and imposes the state that it does not oppose the deletion tariff provision governing the periodic obligation on a pipeline to pass through of §§ 154.201 through 154.213 of the rate change methodology.’’ Similarly, El refunds to customers in 30 days, but regulations with regard to the tracker Paso argues that no sample does not provide the pipeline with a mechanism that allows pipeline mathematical calculations should be reciprocal right to begin surcharging shippers to track ANGTS charges in required in the tariff. El Paso states it is jurisdictional customers within 30 days their own rates. Foothills states these unclear what the Commission wants if the pipeline is subjected to paying a included in the tariffs, but El Paso regulations are unnecessary in the post- higher rate to another pipeline for opposes inclusion of a sample Order No. 636 period because interstate services. ANR/CIG states that this calculation because it would duplicate pipelines are no longer in the merchant should only be imposed if it tracks both information already provided in the business and no longer hold capacity on the refunds received by the pipeline and workpapers of each filing and use of the third-party pipelines. Foothills the cost increases incurred by the Commission’s software does not allow emphasizes its continued reliance, pipeline for particular services. for the use of special characters, however, on the Commission’s Panhandle argues that this section resulting in a difficult and burdensome unwavering support of the ANGTS should be limited to refunds of costs task which will reduce the reader’s project. As stated previously, the tracked in the pipeline’s rates or for ability to understand the information Commission continues to support the which the pipeline has a pre-existing provided. ANGST project. Individual shippers that are asked to refund obligation. Otherwise, Panhandle pay a rate have a right to know how the 6. Subpart F—Refunds and Reports states, the section may be interpreted to rate is derived without having to seek a. Section 154.501 Refunds. Section require vendor refunds, or rebates from basic information about the rate 154.501 replaces current § 154.67(c). manufacturers or suppliers when no derivation through data requests and The refund carrying charge rule, such refunds are required under the technical conferences. Requiring the currently § 154.38(d)(4), applies to all law. Panhandle proposes the following tariff to contain a clear statement of how refunds. The new section reflects revision to § 154.501(a)(2): a rate is calculated is not unreasonable. current Commission policy. ‘‘Any natural gas company must refund to As we stated in the preamble to the The Commission has added a its jurisdictional customers the jurisdictional NOPR, these new regulations are requirement for pipeline refunds to be portion of any refund it receives which is consistent with current Commission made within 60 days of the order date required by prior Commission order to be policy and generally reflect currently to ensure refunds are disbursed on a flowed through to its jurisdictional customers effective tariff provisions that include a timely basis. Refunds received by the or is an amount previously included in a tracker filing and charged and collected from general description of the calculations. pipeline must be disbursed within 30 jurisdictional customers within thirty days of Columbia and El Paso are correct: the days of receipt. This period of time receipt.’’ preamble states that a sample should be adequate to disburse refunds. calculation will be included in the tariff. Section 154.501(c) is added to reflect Williston opposes the 30-day time However, the regulations do not reflect current Commission policy with respect period, arguing that it may not be this provision. In this case, the preamble to supplier refunds which apply to the enough time within which to issue is in error. No further action is required. period during which the company had refunds. Williston states that the time NI-Gas finds the increased specificity a purchased gas adjustment clause in its period should be the same as in in periodic rate adjustments is an tariff. Instructions regarding the § 154.501(a), 60 days. Columbia also improvement over existing practice. NI- contents of a refund report are added to recommends that the 30-day period be Gas maintains, however, that shippers provide additional guidance. extended to ‘‘within 60 days of receipt’’ subject to pipeline trackers should be INGAA argues that the Commission’s to allow for refunds received shortly able to argue that they are entitled to refund policy should not obligate before bills are issued to be disbursed as refunds from pre-tracker periods. pipelines to refund amounts that have billing credits with the second billing Otherwise, pipelines will have a strong not been collected in full. Section after receipt of the refund. incentive to allocate refunds to pre- 154.501(a)(1) sets a 60-day refund CNG urges the Commission to revise tracker periods, while agreeing to higher period. This provision may require the proposal to provide that each rates for tracked periods. As a general pipelines to pay out refunds before pipeline’s current tariff should control Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52991 the timing and method of flowing effective tariff provisions providing for which govern the interest level used to through refunds from other pipelines. a different time period or passthrough calculate interest on refunds pre-dating Northwest suggests adding language by a deferred account surcharge, the September 30, 1979. Upon further regarding normalization of income tax regulatory text will be modified to reflection, the Commission believes the timing differences in paragraph (d) grandfather these provisions. This possibility of requiring refunds dating similar to that proposed in modification will result in the least back to this time period are remote. § 154.403(c)(7). disruption. These sections of the proposed AGD recommends that the The Commission disagrees with the regulations have been removed. Commission eliminate the 30-day lag in position that § 154.501(a)(2) represents a The Commission notes that several the pipeline’s obligation to submit its one-way tracker. The refunds which are pipelines have provisions in their tariffs report explaining its refund of excessive the subject of this section are required offering their customers the option of charges. AGD states that the refund to be passed through by Commission receiving refunds by electronic report should be in hand before the order as clarified above. Cost increases transfer.73 At this point, the Commission refund check is cashed as the cashing of must be filed for by the pipeline before prefers that the pipelines and their a check may be treated legally as full being passed through according to customers work out procedures for compensation by the pipeline. Pacific section 4 of the NGA. If the pipeline electronic funds transfers where Northwest Commenters recommend wishes to institute a tracker, it must file appropriate. For this reason, the refund reports be served on all tariff provisions with the Commission to regulations will not mandate electronic customers, interested state do so. funds transfers. commissions, and designated The language regarding normalization b. Section 154.502 Reports. New representatives. Williston asserts a of income tax timing differences found § 154.502 requires that tariffs include provision should be added to in § 154.403(c)(7) is inappropriate here. information about reports required by § 154.501(e) providing that each shipper Refunds do not give rise to a tax timing the Commission. will only be provided with its difference which would affect carrying Arizona Directs approve of the applicable portion of the refund report charge calculations. provision as a convenient reference in order to ensure that confidentiality of The Commission generally has point for a description of all reports commercially sensitive information is provided for a 30-day time period required by the Commission to be filed maintained. between the date when refunds are by the pipeline on a periodic basis. Williston argues that refunds should ordered and the date when and the They recommend, as a modification, be required only upon issuance of a report of the refund must be filed.72 that pipelines be required to state in final Commission order. Williston states Thirty days is a reasonable period to their tariffs the name, address, and that, when a pipeline requests rehearing provide the report. The Commission phone number of the company or circuit court review of a Commission reviews refund reports for accuracy. If representative who should be contacted order, refunds should be deferred until as a result of its review, the Commission if copies of a particular report are after the final order to avoid the finds that a pipeline has failed to desired. INGAA states that the requirement to necessity for further refunds or rebilling accurately compute a refund, the include descriptions of all filed reports of prematurely refunded amounts. pipeline will be directed to correct the in pipelines’ tariffs is redundant and Williston also suggests that deficiency. should be deleted. The Commission §§ 154.501(d)(1) and (2) be deleted from Two commenters address the issue of already publishes a directory of all the regulations as no they are no longer service. The regulations have been reports that interstate pipeline necessary. Pacific Northwest revised such that all parties that have companies are required to file. INGAA Commenters urge the Commission to standing requests for full refund report states that this regulation is too broad add a new § 154.501(a)(3) requiring that service will receive a copy of a and will lead to a significant increase in a pipeline offer its customers the option pipeline’s entire refund report. the size of tariff filings because the of electronic transfer of the refund Otherwise, parties receiving the refund reports could conceivably include amount on the date refunds are made. will receive an abbreviated form of the periodic, yet short-term, reports that are In response to INGAA’s request, the refund report. Commission clarifies that a pipeline is The Commission will not adopt required for environmental compliance not required to pay out a refund until Williston’s suggestion. If a pipeline during a certificate proceeding. National it recovers the full amount of the refund believes there is confidential material in Fuel argues that this provision should through its rates. a particular refund report, the pipeline either be eliminated or its scope The Commission agrees with may request that the Commission treat narrowed to reports arising out of Panhandle that the language of all or part of the report as confidential litigated or settled rate proceedings. § 154.501(a)(2) should be clarified. It INGAA misinterprets the scope of this pursuant to § 388.112 of the was not the Commission’s intention to regulation. The regulation is not Commission’s regulations. intended to include a list of reporting require refunds of vendor refunds or The date for disbursement of the requirements already set forth in the manufacturer rebates. Rather, the refund whether after a final Commission Commission’s regulations. This section section is intended to apply to refunds order or otherwise is properly the of the regulations applies to periodic required by the Commission and passed subject of the proceeding in which the reports required by a Commission order through by the pipeline to its customers. refund obligation arises. The Several commenters seek a different or a settlement in a proceeding initiated Commission will not adopt language in time period for disbursement of refunds under part 154 or part 284. For example, the regulations mandating a specific the pipeline has received. The during restructuring several pipelines date. Commission will adopt a single Williston suggests removing the standard which will be generally 73 See, e.g., ANR Pipeline Co., Original Sheet No. portion of the proposed regulations applicable. For refunds received from an 146, Second Revised Volume No. 1, Columbia Gas Transmission Corp., Second Substitute Original upstream supplier, thirty days should 72 See, e.g., Trunkline Gas Company, 62 FERC Sheet No. 331, Second Revised Volume No. 1, and not be unduly burdensome. However, ¶ 61,199 (1992), and Florida Gas Transmission Co., Panhandle Eastern Pipe Line Co., Original Sheet since many pipelines have currently 71 FERC ¶ 61.363 (1995). No. 287, First Revised Volume No. 1. 52992 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations were required to submit reports when Columbia proposes a requirement that SoCal urges the Commission to they issued an operational flow order. Staff issue a written settlement position encourage pipelines to have pre-filing The regulations are clarified to more within 60 days of the initial suspension meetings with customers. NDG suggests clearly reflect the scope of this order. AGD suggests a rule requiring regulations requiring pipelines to requirement. that Staff serve top sheets within 60 include a description of the workpapers The information on the title page of days of the issuance of the suspension in the filing, serve parties workpapers the tariff contains the name, address, order. APGA recommends that the on the filing date, and supply and, as modified, the telephone number Commission adopt a rule requiring information on the electronic format. of an individual to whom submission of Staff top sheets within NDG suggests that pipelines requesting communications concerning the tariff 120 days of a filing. Panhandle suggests confidential treatment must include a should be directed. This individual that an appropriate time for the Staff to confidentiality agreement in their should be able to respond to inquiries file its position would be four months filings. NDG suggests that every section regarding reports filed consistent with after the filing date. To be useful, such 4 filing contain a capacity release log for this section of the regulations. Staff top sheets should conform in all the base period and a table showing material respects to the proposed earned rate of return on equity for the 7. Subpart G—Other Tariff Changes § 154.301 and § 154.304 standards, i.e. base period. These are also helpful a. Section 154.601 Change in to reflect all changes reasonably suggestions and may be considered at a Executed Service Agreement. Section expected as to any adjustments it is later time, but will not be adopted here. 154.601 replaces current § 154.63(d)(2). proposing to the company’s filing along NDG suggests that a request for The section concerns executed service with supporting work papers and blanket waiver of regulations not be agreements ‘‘on file with the formulae for any calculations upon allowed but pipelines must specifically Commission’’ and does not refer to which it is relying. Further, Staff should identify what waivers are required. This ‘‘well names.’’ be required to either accept the has been adopted in § 154.7(a)(7). b. Section 154.602 Cancellation or company’s position or provide a fully D. Electronic Filing Termination of a Tariff, Executed supported alternative position. Service Agreement or Part Thereof. Michigan urges that the Commission 1. Industry-Wide Conference Section 154.602 replaces current reinstate the practice of establishing a The Commission recognizes that § 154.64. The section does not require date for service of top sheets as a part changes to these regulations and to the sales information. It does require a list of this rulemaking. Michigan notes that forms in the companion rule necessitate of the affected customers and the revised filing requirements will: (1) modifications to the electronic formats contract demand under the service to be Streamline the discovery process by for the affected filings and forms. To canceled. providing Commission Staff and ensure the widest possible input, the interveners with information much INGAA and Panhandle object to the NOPR directed Commission staff to sooner than current procedures, and (2) new requirement that a natural gas convene a technical conference to result in the expeditious resolution of company must provide notice to the obtain the participation of the industry rate cases. and other users of the filed information Commission at least 30 days prior to the Staff initial settlement positions, or effective date of a proposed cancellation in designing the electronic filing ‘‘top sheets,’’ have long assisted the requirements. The conference was held or termination of an effective tariff or settlement process. The Commission contract because these transactions have on April 4, 1995 (conference), and expects that the timely service of top provided an excellent start to the been pre-granted abandonment under sheets will assist parties in cases set for each pipeline’s blanket certificate. In the process of modifying the Commission’s hearing in the future as well, and the electronic filing requirements to alternative, Panhandle seeks Commission will endeavor to continue clarification of this provision. complement the revisions to the that practice. However, the Commission regulations set forth in the companion This requirement is not new but is a declines to establish a rigid deadline for revised version of the current rules. Most of the comments to the service of top sheets because of the NOPR addressed issues discussed at the requirement at § 154.64. It only applies variety of circumstances that may arise to (1) tariff sheets on file with the conference. in particular cases. As a result of the conference and Commission, and (2) service agreements AGD requests regulations such that comments to the NOPR, the that are on file with the Commission rulings on certain issues can be secured Commission is able to make a number and not subject to pre-granted before the end of the suspension period of decisions related to electronic filing abandonment. Except for the reduction and whereby the Commission may in this rule. The only electronic filing in filing requirements, the Commission instruct the ALJ to resolve certain issues requirements affected by this rule deal does not anticipate any change in the within specified deadlines as justified with the form of notice, the tariff sheets operation of this provision. by circumstances. JMC suggests and the statements and worksheets c. Section 154.603 Adopting of a establishing procedures for staff to required under subpart D. The Tariff by a Successor. Section 154.603 routinely examine rates to determine if electronic filing requirements for FERC replaces current § 154.65. The section they are just and reasonable, under Forms 2, 2A, 11, discount rate reports, concerns adopted tariffs or contracts section 5. JMC also suggests and Index of Customers are dealt with ‘‘on file with the Commission’’ as conditioning all settlement approvals in our companion rulemaking. No opposed to any tariff or contracts. upon the pipeline’s agreement to make changes are proposed for the electronic a general section 4 rate case within 3 C. Comments Requesting Further form of notice. years. The Commission will not adopt Changes The Commission will adopt a tab these suggestions at this time. delimited ASCII format for most Most suggestions for additional Northern Border states that its tariff is numeric data and a format compatible regulations are discussed with the different from the industry standard and with the filing company’s spreadsheet regulation they would logically follow requests reinstatement of regulations or supplement. Several additional (Statement N) that are appropriate for a suggestions are addressed below. cost-of-service tariff. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52993 application for selected statements possibility of suspending the electronic individual companies. Accordingly, the required by subpart D of part 154.74 filing requirements due to the fact that Commission will not attempt to develop The electronic tariff sheet formats are the paper filing requirements in this the associated software but will allow modified as proposed in the NOPR. rule could be made effective before the the industry to develop software that However, as Columbia suggested in its electronic filing requirement meets the requirements of both the comments, the electronic tariff sheet specifications could be made ready. company and the regulations. formats are modified further in this final Until that time, however, the 4. Using Rich Text Format for Text rule to accommodate § 154.102(e)(5) Commission continued to derive which requires a FERC citation in the benefits from the existing electronic Several alternatives for electronic margin of the tariff sheet. The FERC filing requirements. Therefore, the filing formats were discussed at the Automated System for Tariff Retrieval Commission declined to act on Great conference. Many pipelines (FASTR) software is modified for the Lakes’ request. That request is denied. recommended the use of Rich Text change also. The modification will not The Commission will not adopt Format (RTF) for text. 76 INGAA states affect the software’s ability to read, INGAA’s suggestion to allow filing a that use of RTF for text is most efficient display, or print tariff sheets filed rate case under the old or new since it allows any party to access the pursuant to the pre-existing regulations depending on the pipeline’s files using commonly available software requirements. capabilities. However, since all of the packages. The Commission will adopt submittal revisions to the electronic filing The Commission is seeking to adopt on diskette as the standard medium on requirements will not be completed by a format for text that is compatible with which pipelines will submit their the issuance date of this rule, the use in a database, does not lead to reports and filings. CD-ROM will be Commission is suspending the excess errors in the text after accepted as well. requirement to submit the filings made conversion, and is available through Other issues remain. Therefore, the pursuant to subpart D electronically several software packages. In light of Commission directs staff to convene until the new electronic filing comments strongly recommending RTF, another technical conference in order to requirements are fully developed. the Commission staff has considered the resolve the outstanding electronic filing During the suspension, only paper efficacy of RTF for reporting text. 77 The issues jointly with the industry. This copies of the filings under subpart D are conference participants should address second conference is to be held as soon required. The electronic version of the alternatives to RTF and whether: the as possible after issuance of this rule. tariff sheets and the notice of filing must data would be error free when continue to be filed electronically. translated, translation would be 2. Delayed Implementation of Electronic available in the most popular word Filing Requirements 3. Software processing programs, and RTF text Many commenters urge the Northwest/Williams suggests would be usable in databases. Further, Commission to delay implementation of retaining only that portion of the rate the basic issue of when to employ RTF the revised electronic filing case requirements referred to as ‘‘File and when to employ delimited ASCII requirements until after the final rule is 3.’’ 75 Northwest/Williams lists must be resolved to ensure uniform issued and procedures and formats have numerous shortcomings with the treatment. been further developed. Commission’s current rate case filing 5. Appropriate Format for Numeric Data INGAA suggests a grace period during requirements and software and which a pipeline could file a rate case questions whether the Commission uses Comments regarding the appropriate under either the current or revised the data. format to adopt for numeric data broke regulations depending on its progress in With the exception of the tariff sheets down into two camps—those supporting making the necessary changes to its data and notice of filing, all of the current delimited ASCII and those arguing for a acquisition and accounting systems. In electronic filing instructions, including spreadsheet format. its comments, Great Lakes argued for an those Northwest/Williams finds Many pipelines recommended the use immediate suspension of the current objectionable, will be revised. The of delimited formats for numeric files. electronic filing requirements, stating Commission intends to seek the INGAA states that use of ASCII the current filing requirements are cooperation of the industry in delimited formats for numeric files obsolete. Great Lakes argued that the developing the file structure required suspension would not have prejudiced for each filing or form. The Commission 76 RTF permits the transfer of word files that have embedded text enhancement such as bold or any party wishing to review a pipeline’s does not intend to develop form fill, underscoring. RTF was developed by Microsoft as rate application but simply would have edit, or print software for use by the a word processing document-exchange format and moved the suspension date forward. natural gas industry. Allowing private is available royalty free. It permits documents to be The Commission did not suspend the industry to develop software is the most exchanged among diverse platforms. Since its inception it has gained most prominence as a electronic filing requirements at the cost-effective and efficient process. format for the creation of Graphical-User-Interface time Great Lake’s comments were filed. Software developed by the Commission based ‘‘Help’’ files. Apparently, this is related in The Commission disagreed with Great would need to accommodate all part to its support of hyper-text. Lakes’ contention that the electronic potential users. The Commission 77 RTF is essentially a primitive example of a genre called text markup languages. It allows both filing requirements were obsolete. The believes that any such product would the content and the appearance of a body of text to Commission noted in the NOPR the unnecessarily restrict the flexibility of be represented as a stream of plain ASCII text, unlike a typical word processor document which 74 ASCII American Standard Code for Information 75 For general rate cases, three files are filed consists of text interleaved with binary control Interchange can convey only letters, punctuation electronically. File 1 consists of the filing in a information. The text stream is made up of special and certain symbols. It does not convey how the standard format designated by the Commission for reserved commands and delimiters interspersed document should be formatted or what fonts to use. use by all companies. The Commission provides with the actual text. White space in the file is A delimited file is created by keypunching a series edit check and print software. File 2 contains the essentially ignored; line, paragraph, and page of symbols using commas, tab, or some other footnotes for File 1. File 3 contains the rate filing breaks are controlled by RTF commands, as are symbol to designate the space at the end of a word in a format preferred by the company (‘‘free form’’). fonts, colors, margins, tabstops, and every other or number (thus, ‘‘tab delimited,’’ ‘‘comma This data is converted to an ASCII file and appears characteristic of text appearance you can imagine. delimited,’’ etc.) exactly as the hard copy. PC Magazine, February 7, 1995, v14, n3, p. 267. 52994 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations allows any party to access the files using that receiving the rate case in a delimited ASCII formats for all other commonly available software packages. manipulable format will be critical numeric data to ensure uniformity in Panhandle and Williston agree noting given the 10-day period for comment filing. Adopting a delimited ASCII that a delimited format permits and protest. format without specifying the delimiters columnar data fields to be imported and Williston notes that using the formats would lead to confusion. exported into and out of most off-the- of the software the pipeline employs, NDG suggests that, upon request by an shelf spreadsheet and database the tab-delimited format, or RTF allows interested party, the pipeline be applications. Panhandle and INGAA use of pre-determined row/column required to supply copies of the note that many pipelines recommended identifier formats. However, free form spreadsheets, models, and databases at the conference that electronic filing type structures should be utilized as relied upon to prepare the filing in an requirements should allow a pipeline to much as possible to allow for the electronic format, including all use its current hardware. Delimited myriad of differences among the various accompanying workpapers. This ASCII would allow them to do so. pipelines’ data processing requirements. requirement would shorten the time Several pipelines argued against Williston does not oppose filing data in necessary to analyze a rate case. The submission of numeric data in a the format of the application software it Commission is not convinced that this spreadsheet format. Northwest states uses; provided numerical data does not requirement must be made a part of the that submitting its rate case in include formulas or links. regulations. The underlying spreadsheet format would require 23 One of the stated goals of the spreadsheets, models, and databases diskettes. INGAA notes that pipelines, conference was to ensure that all relied upon to prepare the filing in an regulatory agencies, and intervenors spreadsheets contain the underlying electronic format may be discoverable at employ a wide range of software and formulas and links. Delimited formats hearing if found necessary in a hardware products, sometimes using are not capable of transmitting formulas particular case. different releases of a single software and equations. The Commission agrees 6. Security and Reliability of Data package. Panhandle states that with the parties arguing for a mandating particular application spreadsheet format where the formulas Williston and INGAA urge the software with which to manipulate data in the workpaper or statement are Commission to adopt procedures to would force parties to use a single important to the understanding of the ensure the integrity of electronic filings format, and restrict parties’ ability to use pipeline’s filing. To be useful, the data, and the security of any confidential data filed with the Commission. Several required in subpart D, by Statements I data. Panhandle adds that the commenters object to providing data and J and the state tax formulations in Commission should safeguard against with formulas and linkages embedded. Statement H, must be received with the accidental publishing of confidential INGAA notes that these equations tend formulas included. These formulas are data submitted electronically. to be complex, cumbersome, and hard to necessary to understand the pipeline’s Confidential data filed with the follow even in modest rate case filings. position with respect to cost allocation Commission electronically will receive As an alternative, INGAA suggests that and rate design. In section 4 rate cases, the same level of care extended to formulas could be provided in written the Commission has routinely obtained confidential data filed on paper. Any form. Northwest argues that formulas the formulas through data requests pipeline seeking confidential treatment and links developed by Northwest asking that the information be in for electronically filed data should should remain confidential and spreadsheet form. The requirement that adhere to the requirements of § 385.112. proprietary and so, Northwest might the initial filing be in spreadsheet 7. Submission of Data to the seek copyrights on such information. format avoids the burden of having the Commission On the other hand, several same data submitted once as a tab commenters argue that numeric data delimited file and again, in response to Panhandle supports continuing data should be filed in a spreadsheet format a data request, in spreadsheet form, in submission via diskettes, while with formulas and links intact. The order to capture the formulas. permitting other options such as CD– Industrials, AGD, and APGA urge that Accordingly, Statements I and J and a ROM or high-speed pipelines be required to submit portion of H, containing state tax telecommunications. Williston and El spreadsheets with embedded formulas formulations submitted pursuant to Paso also support the use of and linkages. The Industrials argue that subpart D, must be filed in the same telecommunications for submission and having PC-compatible spreadsheet files format generated by the spreadsheet dissemination of electronically filed with formulas and linkages intact software used to create the statement or data. However, Williston does not available to customers and intervenors workpaper. These spreadsheets must support the use of EDI for the filings 78 will speed the processing of rate cases include all the formulas and all links to under subpart D. If telecommunication and allow many issues to be resolved in other spreadsheets filed in the same rate is not used, Williston suggests use of the suspension order. case. CD–ROM as an alternative to diskettes. The Industrials argue that the The Commission will not require the El Paso states that the Commission formulas which substantiate rate entire rate case to be filed in could permit the filing of a document by increase proposals are not proprietary. spreadsheet form. The other statements upload to the OPR bulletin board. Requiring parties, including staff, to in the rate case generally do not contain Northwest suggests that, considering the input all the figures from the rate case formulas of a complex nature. These prominence of electronic mail and and spend weeks and rounds of remaining statements will be filed in tab internet, eventually, pipelines should testimony to recreate the pipeline’s delimited ASCII format. As noted by 78 Electronic Data Interchange (EDI) is a means by computations is grossly inefficient and some of the commenters, a delimited which computers exchange information over unduly burdensome. The Industrials ASCII format for numeric data provides communication lines using standardized formats. state that the regulations should a format which can be written or read For example, the capacity release data posted on a explicitly state that the filing must be in by several software packages on pipeline’s electronic bulletin board is also available in downloadable files that conform to the standards spreadsheet format with formulas and multiple platforms. for EDI promulgated by the American National linkages intact; and, that failure to do so As suggested by several commenters, Standards Institute (ANSI) Accredited Standards is grounds for rejection. Industrials state the Commission is specifying ‘‘tab’’ Committee (ASC). Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52995 transmit information only cases where the file size makes 9. Fees for Costs of Electronic Filing electronically. Sending an electronic downloading impractical, the version with paper available upon Commission intends to disseminate all Panhandle asserts that the request would save money on postage filed electronic data to the general Commission should permit pipelines to and paper. El Paso requests that the public through the Commission’s gas assess fees to recover the costs of Commission permit the filing of pipeline data bulletin board. implementing and providing the new documents by electronic means only Dissemination electronically by the data requirements. However, the issue and eliminate, or reduce, the Commission will greatly reduce of cost recovery for implementing the requirement to file paper copies. demands on the pipelines for such electronic filing requirements is dealt The Commission will continue to information in either paper or electronic with more appropriately in a rate require paper filings to accompany form. proceeding and not in this rulemaking. Form No. 2, Form No. 2A, Form No. 11, The Registry recommends the rate V. Regulatory Flexibility Act discount rate reports, and rate case case data be made available to Certification filings. At the conference, the parties intervenors in a rate case in zipped should consider whether any ′′ (compressed) files on 3.5 diskettes in The Regulatory Flexibility Act submission (such as the discount rate both edit protected and edit enabled (RFA) 81 requires agencies to prepare report) could effectively be filed through modes in at least one of the following certain statements, descriptions, and electronic media only. Continuing the three applications: Excel, Lotus and, analyses of proposed rules that will paper copies for some filings and forms QuattroPro.80 Where edit-protection does not signal the Commission’s have a significant economic impact on cannot be password locked, the diskette a substantial number of small entities. unwillingness to eventually forgo paper should be marked appropriately. The The Commission is not required to make versions of these filings and forms at uncompressed file names should appear such analyses if a rule would not have some future time. The Commission on the label or sleeve wrapper of the intends to continue to work with the diskette. such an effect. industry to overcome the technological The Industrials argue that, while there The Commission does not believe that and procedural hurdles associated with are good grounds for submitting a this rule will have such an impact on telecommunications and enhance the password protected version of the filing, small entities. Most filing companies reliance on electronic filings. the pipeline should give Commission regulated by the Commission do not fall Currently, electronic filings are staff and, upon request, others, a version within the RFA’s definition of small submitted commonly on diskette. without such password protection. The entity.82 Further, the filing requirements Continuation of diskette submission is unprotected version should be available of small entities are reduced by the rule. appropriate as the standard means of through downloadable electronic Therefore, the Commission certifies that submission since there continues to be postings and/or on diskette. this rule will not have a significant substantial support for use of diskettes. economic impact on a substantial The Commission will also permit Password protection or other forms of security should be discussed at the number of small entities. submission on CD–ROM.79 The conference. However, as long as a paper Commission intends to continue to copy is available, there is a reliable way VI. Environmental Statement work with the industry to overcome the to check the accuracy of the electronic technological and procedural hurdles The Commission has excluded certain data. Both the electronic data and the associated with telecommunications. actions not having a significant effect on paper version of the filing are part of the The Commission agrees with comments the human environment from the official filing and should contain the by Williston and will not adopt EDI for requirement to prepare an same information. natural gas rate cases. Many schedules environmental assessment or an are not standardized and are not The Commission will not favor one environmental impact statement.83 No compatible with this alternative. commercial vendor over another; and environmental consideration is raised so, will not adopt a specific file by the promulgation of a rule that is 8. Dissemination of Data by the compression or spreadsheet software. clarifying, corrective, or procedural or Commission When the pipeline has a file it believes that does not substantially change the needs to be compressed, the pipeline Panhandle and Williston suggest that effect of legislation or regulations being the Commission disseminate filed should contact the Commission to amended.84 The instant rule changes the information. Applicants could provide determine if the Commission can information to be filed, and the manner electronic information on a voluntary accommodate the file compression the by which that information is filed, with basis. INGAA supports the increased pipeline chooses to use. The dissemination of filed documents Commission will accept rate case data the Commission but does not through the Commission; similar to the in the file form generated by the substantially change the effect of the successful example of electronic spreadsheet used by the filing pipeline. underlying legislation or the regulations dissemination of tariff sheets. INGAA Northwest asserts that only those being replaced or revised. Accordingly, and Williston suggest the elimination of electronic filings that do not contain no environmental consideration is hard copy dissemination whenever formulas and links should be accessible necessary. possible. to the public. The Commission The Commission will continue to disagrees, if the spreadsheets do not 81 5 U.S.C. 601–612. make paper copies of filings available contain confidential data, there is no 82 5 U.S.C. 601(3), citing to section 3 of the Small since all members of the public are not reason why they cannot be released to Business Act, 15 U.S.C. 632. Section 3 of the Small prepared to rely solely on electronic the public as submitted. Business Act defines a ‘‘small-business concern’’ as dissemination. However, except in rare a business which is independently owned and operated and which is not dominant in its field of 80 The National Registry of Capacity Rights (The operation. 79 Technical specifications for CD–ROM Registry) filed comments in Docket No. RM95–4– submission will appear in the electronic filing 000. However, this comment related solely to rate 83 18 CFR 380.4. instructions for each individual form or filing. case filings and, therefore, is addressed here. 84 18 CFR 380.4(a)(2)(ii). 52996 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
VII. Information Collection Statement collection of information displays a Subpart DÐMaterial to be Filed With Changes The Office of Management and valid OMB control number. Budget’s (OMB) regulations 85 require 154.301 Changes in rates. VIII. Effective Date 154.302 Previously submitted material. that OMB approve certain information 154.303 Test periods. and recordkeeping requirements The final rule will be effective 154.304 Format of statements, schedules, imposed by an agency. The information November 13, 1995. workpapers and supporting data. collection requirements in this final rule List of Subjects in 18 CFR Part 154 154.305 Tax normalization. are contained in the following: FERC 154.306 Cash working capital. Form 542 ‘‘Gas Pipeline Rates: Initial Natural gas companies, Rate 154.307 Joint facilities. Rates, Rate Change and Rate Tracking’’ schedules and tariffs. 154.308 Representation of chief accounting (1902–0070); FERC Form 542A Tracking officer. By the Commission. and Recovery of Alaska Natural Gas 154.309 Incremental expansions. Lois D. Cashell, 154.310 Zones. Transportation System’’ (1902–0129); 154.311 Updating of statements. Secretary. FERC Form 543 ‘‘Gas Pipeline Rates: 154.312 Composition of Statements. Rate Tracking, Formal Rates’’ (1902– For the reasons set out in the 154.313 Schedules for minor rate changes. 0152); FERC Form 544 ‘‘Gas Pipeline preamble, 18 CFR part 154 is revised to 154.315 Other support for a filing. Rates: Rate Change, Formal Rates’’ read as follows. Subpart EÐLimited Rate Changes (1902–0153); FERC Form 545 ‘‘Gas Pipeline Rates: Rate Change, Nonformal PART 154ÐRATE SCHEDULES AND 154.400 Additional requirements. Rates’’ (1902–0154); FERC Form 546 TARIFFS 154.401 RD&D expenditures. 154.402 ACA expenditures. ‘‘Certificated Rate Filings: Gas Pipeline 154.403 Periodic rate adjustments. Rates’’ (1902–0155); and, FERC Form Subpart AÐGeneral Provisions and 547 Gas Pipeline Rates: Refund Report Conditions Subpart FÐRefunds and Reports Requirements’’ (1902–0084). Sec. 154.501 Refunds. By this rule, the Commission is 154.1 Application; Obligation to file. 154.502 Reports. 154.2 Definitions. modernizing its regulations to reflect the Subpart GÐOther Tariff Changes current regulatory environment that it 154.3 Effective tariff. 154.4 Electronic and paper media. 154.600 Compliance with the subparts. instituted with Order No. 636 and the 154.601 Change in executed service restructuring of the natural gas industry. 154.5 Rejection of filings. 154.6 Acceptance for filing not approval. agreement. Specifically, the Commission is revising 154.7 General requirements for the 154.602 Cancellation or termination of a its regulations in part 154 to focus on submission of a tariff filing or executed tariff, executed service agreement or part transportation services instead of service agreement. thereof. pipeline sales activities. The revised 154.8 Informal submission for staff 154.603 Adoption of the tariff by a filing requirements will improve the suggestions. successor. internal support of a pipeline’s filing Authority: 15 U.S.C. 717–717w; 31 U.S.C. Subpart BÐForm and Composition of Tariff and facilitate more rapid settlement or 9701; 42 U.S.C. 7102–7352. adjudication of pipeline rate proposals. 154.101 Form. 154.102 Title page and arrangement. Subpart AÐGeneral Provisions and The Commission’s Office of Pipeline Conditions Regulation uses the data in rate 154.103 Composition of tariff. 154.104 Table of contents. proceedings to review rate and tariff § 154.1 Application; Obligation to file. 154.105 Preliminary statement. changes by natural gas companies for 154.106 Map. (a) The provisions of this part apply the transportation of gas and for general 154.107 Currently effective rates. to filings pursuant to section 4 of the industry oversight under the Natural 154.108 Composition of rate schedules. Natural Gas Act. Gas Act. The Commission’s Office of 154.109 General terms and conditions. (b) Every natural gas company must Economic Policy also uses this data in 154.110 Form of service agreement. file with the Commission and post in its analysis of interstate natural gas 154.111 Index of customers. conformity with the requirements of this pipelines. 154.112 Exception to form and composition part, schedules showing all rates and The Commission is submitting to the of tariff. charges for any transportation or sale of Office of Management and Budget a Subpart CÐProcedures for Changing natural gas subject to the jurisdiction of notification of these collections of Tariffs the Commission, and the classifications, information. Interested persons may 154.201 Filing requirements. practices, rules, and regulations obtain information on these reporting 154.202 Filings to initiate a new rate affecting such rates, charges, and requirements by contacting the Federal schedule. services, together with all contracts Energy Regulatory Commission, 888 154.203 Compliance filings. related thereto. First Street, NE., Washington, DC 20426 154.204 Changes in rate schedules, forms of (c) No natural gas company may file, (Attention: Michael Miller, Information service agreements, or the general terms under this part, any new or changed rate Services Division, (202) 208–1415). and conditions. schedule or contract for the performance Comments on the requirements of this 154.205 Changes related to suspended of any service for which a certificate of rule can be sent to the Office of tariffs, executed service agreements, or public convenience and necessity or Information and Regulatory Affairs of parts thereof. certificate amendment must be obtained OMB, Washington, DC 20503, 154.206 Motion to place suspended rates pursuant to section 7(c) of the Natural into effect. (Attention: Desk Officer for Federal Gas Act, until such certificate has been 154.207 Notice requirements. Energy Regulatory Commission) FAX: 154.208 Service on customers and other issued. (202)395–5167. You shall not be parties. (d) For the purposes of paragraph (b) penalized for failure to respond to this 154.209 Form of notice for Federal of this section, any contract that collection of information unless the Register. conforms to the form of service 154.210 Protests, interventions, and agreement that is part of the pipeline’s 85 5 CFR 1320.13. comments. tariff pursuant to § 154.110 does not Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52997 have to be filed. Any contract or the Commission, unless otherwise First Street, NE., Washington, D.C. executed service agreement which specifically permitted by order of the 20426. deviates in any material aspect from the Commission. (d) Where to file. The electronic form of service agreement in the tariff is (b) No tariff provision may purport to media, the paper copies and subject to the filing requirements of this change an effective rate or charge except accompanying transmittal letter must be part. in the manner provided in section 4 of submitted in one package to: Office of the Natural Gas Act, and the regulations the Secretary, Federal Energy Regulatory § 154.2 Definitions. in this part. The tariff may not provide Commission, 888 First Street, NE., (a) Contract means any agreement for any rate or charge to be Washington, D.C. 20426. which in any manner affects or relates automatically changed by an index or (e) Waiver. A natural gas company to rates, charges, classifications, other periodic adjustment, without may request a waiver of the requirement practices, rules, regulations, or services filing for a rate change pursuant to these to submit filings by electronic media, by for any transportation or sale of natural regulations. filing an original and 5 copies of a gas subject to the jurisdiction of the request for waiver. The request must § 154.4 Electronic and paper media. Commission. This term includes an demonstrate that the natural gas executed service agreement. (a) General rule. All statements filed company does not have, and is unable (b) FERC Gas Tariff or tariff means a pursuant to subpart D of this part, and to acquire, the technical capability to compilation, either in book form or on all workpapers in spreadsheet format, file the information on electronic media. electronic media, of all of the effective and tariff sheets other than those in rate schedules of a particular natural gas Volume No. 2, must be submitted on § 154.5 Rejection of filings. company, and a copy of each form of electronic media. Filings pursuant to A filing that fails to comply with this service agreement. this part 154 must also include the part may be rejected by the Director of (c) Form of service agreement means prescribed number of paper copies. the Office of Pipeline Regulation an unexecuted agreement for service Tariffs, rate schedules, and contracts, or pursuant to the authority delegated to included as an example in the tariff. parts thereof, and material related the Director in § 375.307(b)(2) of this (d) Post means: to make a copy of a thereto, including any change in rates, chapter. natural gas company’s tariff and notice of cancellation or termination, contracts available during regular and certificates of adoption, must be § 154.6 Acceptance for filing not approval. business hours for public inspection in submitted to the Commission in an The acceptance for filing of any tariff, a convenient form and place at the original and 5 paper copies, except that contract or part thereof does not natural gas company’s offices where filings pursuant to subpart D of this part constitute approval by the Commission. business is conducted with affected must be submitted in an original and 12 Any filing which does not comply with customers; and, to mail to each affected paper copies. any applicable statute, rule, or order, customer and interested state (b) All filings must be signed in may be rejected. commission a copy of the tariff, or part compliance with the following. thereof. Mailing must be accomplished (1) The signature on a filing § 154.7 General requirements for the constitutes a certification that: The submission of a tariff filing or executed by U.S. Mail, unless some other method service agreement. is agreed to by the parties. signer has read the filing signed and (e) Rate schedule means a statement knows the contents of the paper copies The following must be included with of a rate or charge for a particular and electronic media; the paper copies the filing of any tariff, executed service classification of transportation or sale of contain the same information as agreement, or part thereof, or change natural gas subject to the jurisdiction of contained on the electronic media; the thereto. the Commission, and all terms, contents as stated in the copies and on (a) A letter of transmittal containing: conditions, classifications, practices, the electronic media are true to the best (1) A list of the material enclosed, rules, and regulations affecting such rate knowledge and belief of the signer; and, (2) The name of a responsible or charge. the signer possesses full power and company official to whom questions (f) Filing date means the day on authority to sign the filing. regarding the filing may be addressed, which a tariff, or part thereof, or a (2) A filing must be signed by one of with a telephone number at which the contract is received in the Office of the the following: official may be reached, Secretary of the Commission for filing in (i) The person on behalf of whom the (3) The date on which such filing is compliance with the requirements of filing is made; proposed to become effective, this part. (ii) An officer, agent, or employee of (4) Reference to the authority under the governmental authority, agency, or which the filing is made, including the § 154.3 Effective tariff. instrumentality on behalf of which the specific section of a statute, subpart of (a) The effective tariff of a natural gas filing is made; or, these regulations, order of the company is the tariff filed pursuant to (iii) A representative qualified to Commission, provision of the the requirements of this part, and practice before the Commission under company’s tariff, or any other permitted by the Commission to become § 385.2101 of this chapter who appropriate authority. If an order is effective. A natural gas company must possesses authority to sign. referenced, the letter must include the not directly or indirectly, demand, (c) Electronic media suitable for citation to the FERC Reports, the date of charge, or collect any rate or charge for, Commission filings are listed in the issuance, and the lead docket number of or in connection with, the instructions for each form and filing. the proceeding in which the order was transportation or sale of natural gas Lists of suitable electronic media are issued. subject to the jurisdiction of the available upon request from the (5) A list of the tariff sheets enclosed, Commission, or impose any Commission. The formats for the (6) A statement of the nature, the classifications, practices, rules, or electronic filing and paper copy can be reasons, and the basis for the filing. The regulations, different from those obtained at the Federal Energy statement must include a summary of prescribed in its effective tariff and Regulatory Commission, Public the changes or additions made to the executed service agreements on file with Information and Reference Branch, 888 tariff or executed service agreement, as 52998 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations appropriate. A detailed explanation of (c) When any volume of a tariff is to (b) Rate schedules must be grouped the need for each change or addition to be superseded or replaced in its according to class and numbered the tariff or executed service agreement entirety, the replacing volume must serially within each group, using letters must be included. The natural gas show prominently on the title page the before the serial number to indicate the company also must note all relevant volume number being superseded or class of service. For example: FT–1, FT– precedents relied upon to prepare its replaced. For example: 2 may be used for firm transportation filing. FERC Gas Tariff service; IT–1, IT–2 may be used for (7) Any requests for waiver. A request First Revised Volume No. 1 (Supersedes interruptible transportation service; X– for waiver must include a reference to Original Volume No. 1) 1, X–2 may be used for schedules for the specific section of the statute, (d) The first page must be a title page which special exception has been regulations, or the company’s tariff from which must carry the information obtained. which waiver is sought, and a shown in paragraph (b) of this section § 154.104 Table of contents. justification for the waiver. and, in addition, the name, title, and The table of contents must contain a (8) Where the natural gas company address, telephone number, and list of the rate schedules, sections of the proposes a new rate, identification of facsimile number of the person to whom general terms and conditions, and other the last rate, found by the Commission communications concerning the tariff sections in the order in which they to be just and reasonable, that underlies should be sent. If the address is a post appear, showing the sheet number of the the proposed rate. office box number, a street address must first page of each section. The list of rate (9) A motion, in case of minimal also be included. schedules must consist of: The suspension, to place the proposed rates (e) All sheets must have the following alphanumeric designation of each rate into effect at the end of the suspension information placed in the margins: schedule, a very brief description of the period; or, a specific statement that the (1) Identification. At the left, above service, and the sheet number of the pipeline reserves its right to file a later the top marginal ruling, the exact name first page of each rate schedule. motion to place the proposed rates into of the company must be shown, under effect at the end of the suspension which must be set forth the words § 154.105 Preliminary statement. period. ‘‘FERC Gas Tariff,’’ together with The preliminary statement must (b) A certification of service pursuant volume identification. contain a brief general description of the to § 154.2(d) to all customers on the (2) Numbering of sheets. Except for company’s operations and may also service list and interested state the title page, at the right above the top contain a general explanation of its commissions. marginal ruling, the sheet number must policies and practices. General rules and § 154.8 Informal submission for staff appear after the words ‘‘(Original) Sheet regulations, and any material necessary suggestions. No.(number).’’ All sheets must be for the interpretation or application of Any natural gas company may numbered in the manner set forth in the the rate schedules, may not be included informally submit a proposed tariff or Tariff Sheet Pagination Guidelines in the preliminary statement. contained in the instructions for filing any part thereof or material relating § 154.106 Map. thereto for the suggestions of the natural gas company tariffs on Commission staff prior to filing. electronic media. (a) The map must show the general Opinions of the Commission staff are (3) Issuing officer and issue date. On geographic location of the company’s not binding upon the Commission. the left below the lower marginal ruling, principal pipeline facilities and of the must be placed ‘‘Issued by’’: followed by points at which service is rendered Subpart BÐForm and Composition of the name and title of the person under the tariff. The boundaries of any Tariff authorized to issue the sheet. rate zones or rate areas must be shown Immediately below must be placed and the areas or zones identified. The § 154.101 Form. ‘‘Issued on’’ followed by the date of entire system should be displayed on a The paper copies of the tariff must be issue. single map. In addition, a separate map printed, typewritten, or otherwise (4) Effective date. On the right below should be provided for each zone. reproduced on 81⁄2 by 11 inch sheets of the lower marginal ruling must be (b) The map must be provided on a durable paper so as to result in a clear placed ‘‘Effective’’: followed by the paper only. and permanent record. The sheets of the specific effective date proposed by the (c) The map must be revised to reflect tariff must be ruled to set off borders of company. any major changes. The revised map 1⁄4 inches on top, bottom, and left sides (5) Tariff Sheets filed to comply with must be filed no later than April 30 of and 1⁄2 inch on the right side, and Commission orders. Tariff sheets which the calendar year after the major change. punched (3 holes) on the left side. are filed to comply with Commission orders must carry the following notation § 154.107 Currently effective rates. § 154.102 Title page and arrangement. in the bottom margin: ‘‘Filed to comply (a) This section of the tariff must (a) The title page must show on the with order of the Federal Energy present the currently effective rates and front cover: Regulatory Commission, Docket No. charges under each rate schedule. FERC Gas Tariff (number), issued (date), (FERC Reports (b) All rates must be stated clearly in [Volume number. For example: ‘‘Original citation).’’ cents or dollars and cents per thermal Volume No. 1’’] of [Name of Natural-Gas unit. The unit of measure must be stated § 154.103 Composition of tariff. Company] for each component of a rate. Filed with The Federal Energy Regulatory (a) The tariff must contain sections, in (c) A rate having more than one part Commission the following order: A table of contents, must have each component set out (b) If the tariff consists of two or more a preliminary statement, a map of the separately under appropriate headings volumes, the volumes must be system, currently effective rates, (e.g., ‘‘Reservation Charge,’’ ‘‘Usage identified by ‘‘(Original) Volume No. composition of rate schedules, general Charge.’’) (1)’’, directly below the words ‘‘FERC terms and conditions, form of service (d) Where a component of a rate is Gas Tariff.’’ agreement, and an index of customers. adjusted pursuant to a mechanism Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 52999 approved under subpart E of this part, must be numbered for convenient date of December 1. The Index of the adjustment must be stated in a reference. Customers must contain a list of the separate column on the rate sheet. (b) The general terms and conditions contracts in effect as of the filing date. (e) Exception to paragraph (d) of this of the tariff must contain a statement of the company’s policy with respect to the § 154.112 Exception to form and section. Where the rate component is an composition of tariff. Annual Charge Adjustment or Gas financing or construction of laterals Research Institute surcharge approved including when the pipeline will pay (a) The Commission may permit a by the Commission, the adjustment or for or contribute to the construction special rate schedule to be filed in the surcharge may be stated in a footnote on cost. The term ‘‘lateral’’ means any form of an agreement in the case of a the rate sheet. pipeline extension (other than a special operating arrangement, (f) A total rate, indicating the sum of mainline extension) built from an previously certificated pursuant to part the rate components under paragraph (c) existing pipeline facility to deliver gas 157 of this chapter, such as for the of this section plus the adjustments to one or more customers, including exchange of natural gas. The special rate under paragraph (d) of this section, new delivery points and enlargements schedule must contain a title page must be shown in the last column at the or replacements of existing laterals. showing the parties to the agreement, end of a line for a rate, so that a reader (c) The general terms and conditions the date of the agreement, a brief can readily determine the separate of the tariff must contain a statement of description of services to be rendered, components comprising the total rate for the order in which the company and the designation: ‘‘Rate Schedule X- a service. discounts its rates and charges. The [number].’’ Special rate schedules may statement, specifying the order in which not contain any supplements. § 154.108 Composition of rate schedules. each rate component will be discounted, Modifications must be by revised or The rate schedule must contain a must be in accordance with Commission insert sheets. Special rate schedules statement of the rate or charge and all policy. must be included in Volume No. 2 of terms and conditions governing its the tariff. Volume No. 2 must contain a § 154.110 Form of service agreement. application, arranged as follows: table of contents which is incorporated (a) Title. Each rate schedule must The tariff must contain an unexecuted with the table of contents of Volume No. have a title consisting of a designation pro forma copy of each form of service 1. of the type or classification of service agreement. The form for each service (b) Contracts for service pursuant to (see § 154.103(b)), and a statement of the must refer to the service to be rendered part 284 of this chapter that deviate in type or classification of service to which and the applicable rate schedule of the any material aspect from the form of the rate is applicable. tariff; and, provide spaces for insertion service agreement must be filed. Such of the name of the customer, effective (b) Availability. This paragraph must non-conforming agreements must be date, expiration date, and term. Spaces describe the conditions under which the referenced in FERC Volume No. 1. may be provided for the insertion of rate is offered, including any geographic receipt and delivery points, contract Subpart CÐProcedures for Changing zone limitations. quantity, and other specifics of each Tariffs (c) Applicability and character of transaction as appropriate. service. This paragraph must fully § 154.201 Filing requirements. describe the kind or classification of § 154.111 Index of customers. In addition to the requirements of service to be rendered. (a) If a pipeline is in compliance with subparts A and B of this part, the (d) Summary of rates. This paragraph the reporting requirements of § 284.106 following must be included with the must briefly set forth all components of or § 284.223 of this chapter, then an filing of any tariff, executed service the rates, refer to the location of the index of customers need not be agreement, or part thereof, that changes rates in the Currently Effective Rates, provided in the tariff. or supersedes any tariff, contract, or part and provide a description of the (b) If all of a pipeline’s jurisdictional thereof, on file with the Commission. calculation of the monthly charges for transportation and sales are pursuant to (a) A marked version of the pages to each rate component. part 157 of this chapter, then an index be changed or superseded showing (e) Other provisions. All other major of customers must be provided that additions and deletions. All new provisions governing the application of contains: a list of the pipeline’s firm numbers and text must be marked by the rate schedule, such as determination transportation, storage, and sales either highlight, background shading, of billing demand, contract demand, customers, and the rate schedule bold, or underline. Deleted text and heat content, and measurement base, number for the services for which the numbers must be indicated by strike- must be set forth with appropriate shippers are contracting; the effective through. A marked version of the pages headings or incorporated by reference to date of the contract; the expiration date to be changed must be included in each the applicable general terms and of the contract; if the service is copy of the filing required by these conditions. transportation or sales, the maximum regulations. (f) Applicable terms and conditions. daily contract demand under the (b) Documentation whether in the This paragraph either states that all of contract; and, if the service is storage, form of workpapers, or otherwise, the general terms and conditions set the maximum storage quantity. Specify sufficiently detailed to support the forth in the tariff apply to the rate units of measurement when reporting company’s proposed change. schedule, or specifies which of the contract quantities. (1) The documentation must include general terms and conditions do not (c) The index of customers must be but is not limited to the schedules, apply. kept current by filing new or revised workpapers, and supporting sheets, semi-annually. One filing must documentation required by these rules § 154.109 General terms and conditions. coincide with the filing of the natural and regulations and the Commission’s (a) This section of the tariff contains gas company’s FERC Form No. 2 or 2– orders. terms and conditions of service A with a proposed effective date of June (2) All rate changes in the filing must applicable to all or any of the rate 1. The other filing must be made six be supported by step-by-step schedules. Subsections and paragraphs months later with a proposed effective mathematical calculations and sufficient 53000 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations written narrative to allow the capacity, operating conditions, and originally filed workpapers, data, or Commission and interested parties to curtailment, for any new service; summaries; duplicate the company’s calculations. (v) Include workpapers that detail the (b) Filings made to comply with (3) Any data or summaries included computations underlying the proposed Commission orders must include only in the filing purporting to reflect the rate under the new rate schedule; or, if those changes required to comply with books of account must be supported by the rate is a currently effective rate, the order. Such compliance filings may accounting workpapers setting forth all include the appropriate reference and not be combined with other rate or tariff necessary particulars from which an an explanation of why the rate is change filings. A compliance filing that auditor may readily verify that such appropriate; includes other changes or that does not data are in agreement with the (vi) Give a justification, similar in comply with the applicable order in company’s books of account. All form to filed testimony in a general every respect may be rejected. statements, schedules, and workpapers section 4 rate case, explaining why the § 154.204 Changes in rate schedules, must be prepared in accordance with proposed rate design and proposed forms of service agreements, or the general the classifications of the Commission’s allocation of costs are just and terms and conditions. Uniform System of Accounts. reasonable; A filing to revise rate schedules, forms Workpapers in support of all (vii) If the costs relating to existing of service agreements, or the general adjustments, computations, and other services are reallocated to new services, terms and conditions, must: information, properly indexed and explain the method for allocating the (a) Adhere to the requirements of cross-referenced to the filing and other costs and the impact on the existing subparts A, B, and C, of this part; workpapers, must be available for customers; Commission examination. (b) Contain a description of the (viii) Include workpapers showing the change in service, including, but not (4) Where a rate, cost, or volume is estimated effect on revenue and costs limited to, applicability, necessity for derived from another rate, cost, or over the twelve-month period the change, identification of services volume, the derivation must be shown commencing on the proposed effective and types of customers that will be mathematically and be accompanied by date of the filing. affected by the change; a written narrative sufficient to allow (ix) List other filings pending before (c) Explain how the proposed tariff the Commission and interested parties the Commission at the time of the filing provisions differ from those currently in to duplicate the calculations. If the which may significantly affect the filing. effect, including an example showing derivation is due to a load factor Explain how the instant filing would be how the existing and proposed tariff adjustment, application of a percentage, affected by the outcome of each related provisions operate. Explain why the or other adjusting factor, the pipeline pending filing; change is being proposed at this time; must also note or explain the origin of (2) Any interdependent filings must (d) Explain the impact of the the adjusting factor. be filed concurrently and contain a proposed revision on firm and (5) Where workpapers show notice of the interdependence. interruptible customers, including any progressive calculations, any (b) If a new service, facility, or rate is changes in a customer’s rights to discontinuity between one working specifically authorized by a Commission capacity in the manner in which a paper and another must be explained. order pursuant to section 7 of the customer is able to use such capacity, Natural Gas Act, with the filing of tariff § 154.202 Filings to initiate a new rate receipt or delivery point flexibility, schedule. sheets to implement the new rate nominating and scheduling, schedule, the natural gas company (a) When the filing is to initiate a new curtailment, capacity release; must: (e) Include workpapers showing the service authorized under a blanket (1) Comply with the requirements of authority in part 284 of this chapter, the estimated effect on revenues and costs § 154.203; and over the 12-month period commencing filing must comply with the (2) Where the rate or charge proposed requirements of this paragraph. on the proposed effective date of the differs from the rate or charge approved filing. If the filing proposes to change an (1) Filings under this paragraph must: in the certificate order, the natural gas (i) Adhere to the requirements of existing penalty provision, provide company must: Show that the change is workpapers showing the penalty subparts A, B, and C of this part; due to a rate adjustment under a (ii) Contain a description of the new revenues and associated quantities periodic rate change mechanism under the existing penalty provision service, including, but not limited to, previously accepted under § 154.403 the proposed effective date for during the latest 12-month period; and which has taken effect since the (f) List other filings pending before commencement of service, applicability, certificate order was issued; or, show whether the service is interruptible or the Commission which may that the rate change is in accordance significantly affect the filing. firm, and the necessity for the service; with the terms of the certificate, and (iii) Explain how the new service will provide workpapers justifying the § 154.205 Changes related to suspended differ from existing services, including a change. tariffs, executed service agreements, or concise description of the natural gas parts thereof. company’s existing operations; § 154.203 Compliance filings. (a) Withdrawal of suspended tariffs, (iv) Explain the impact of the new (a) In addition to the requirements of executed service agreements, or parts service on existing firm and subparts A, B, and C of this part, filings thereof. A natural gas company may not, interruptible customers, including but made to comply with orders issued by within the period of suspension, not limited to: the Commission, including those issued withdraw a proposed tariff, executed (A) The adequacy of existing capacity, under delegated authority, must contain service agreement, or part thereof, that if the proposed service is a firm service, the following: has been suspended by order of the and (1) A list of the directives with which Commission, except by special (B) The effect on receipt and delivery the company is complying; permission of the Commission granted point flexibility, nominating and (2) Revised workpapers, data, or upon application therefor and for good scheduling priorities, allocation of summaries with cross-references to the cause shown. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53001
(b) Changes in suspended tariffs, into effect, subject to refund, upon following tariff sheets, to become effective executed service agreements, or parts motion of the pipeline. (insert effective date). (List tariff sheets). [The thereof. A natural gas company may not, (c) Where the Commission has following language in the first paragraph within the period of suspension, file any suspended the effective date of a change applies only to compliance filings.] (Name of of rate, charge, classification, or service company) asserts that the purpose of this change in a proposed tariff, executed filing is to comply with the Commission’s service agreement, or part thereof, that for a minimal period and the pipeline order issued (insert issue date), in (docket). has been suspended by order of the has included, in its transmittal letter [The following language in the first Commission, except by special pursuant to § 154.7(a)(9), a motion to paragraph applies only to rate change filings.] permission of the Commission granted place the proposed change of rate, The proposed changes would (increase/ upon application therefor and for good charge, classification, or service into decrease) revenues from jurisdictional cause shown. effect at the end of the suspension service by (dollar amount) based on the 12- (c) Changes in tariffs, executed service period, the change will go into effect, month period ending (date), as adjusted. [For agreements, or parts thereof continued subject to refund, on the authorized proposed changes other than changed rates in effect, and which were to be changed effective date. and charges, the company must state concisely the nature of these changes.] by the suspended filing. A natural gas company may not, within the period of § 154.207 Notice requirements. [The company must briefly describe the All proposed changes in tariffs, reasons for the proposed changes in the suspension, file any change in a tariff, second paragraph.] executed service agreement, or part contracts, or any parts thereof must be Any person desiring to be heard or to thereof, that is continued in effect by filed with the Commission and posted not less than 30 days nor more than 60 protest this filing should file a motion to operation of the order of suspension, intervene or protest with the Federal Energy and that was proposed to be changed by days prior to the proposed effective date Regulatory Commission, Washington, DC the suspended filing, except: thereof, unless a waiver of the time 20426, in accordance with § 385.214 and (1) Under a previously approved tariff periods is granted by the Commission. § 385.211 of the Commission’s rules and provision permitting a limited rate regulations. All such motions or protests § 154.208 Service on customers and other must be filed on or before (insert date 12 days change, or parties. (2) By special permission of the after filing date). Protests will be considered Commission. (a) On or before the filing date, the by the Commission in determining the company must serve, upon all appropriate action to be taken, but will not § 154.206 Motion to place suspended rates customers as of the date of the filing and serve to make protestants parties to the into effect. all affected state regulatory proceeding. Any person wishing to become a (a) If, prior to the end of the commissions, an abbreviated form of the party must file a motion to intervene. Copies suspension period, the Commission has filing consisting of: The Letter of of this filing are on file with the Commission and are available for public inspection in the issued an order requiring changes in the Transmittal; the Statement of Nature, Public Reference Room. filed rates, or the filed rates recover Reason, and Basis; the changed tariff costs for facilities not certificated and in sheets; a summary of the cost-of-service § 154.210 Protests, interventions, and service as of the proposed effective date, and rate base; and, summary of the comments. in order to place the suspended rates magnitude of the change. (a) Unless the notice issued by the into effect, the pipelne must file a (b) On or before the filing date, the Commission provides otherwise, any motion at least one day prior to the company must serve a full copy of the protest, intervention or comment to a effective date requested by the pipeline. filing upon all customers and state tariff filing made pursuant to this part The motion must be accompanied by regulatory commissions that have made must be filed in accordance with revised tariff sheets reflecting any a standing request for such service. § 385.211 of this chapter, not later than changes ordered by the Commission or (c) Within 48 hours of receiving a 12 days after the subject tariff filing. A modifications approved by the request for a complete copy from any protest must state the basis for the Commission during the suspension customer or state commission that has objection. A protest will be considered period under § 154.205. The filing of the not made a standing request, the by the Commission in determining the revised tariff sheets must: company must serve a full copy of any appropriate action to be taken, but will (1) Comply with the requirements of filing. not serve to make the protestant a party subparts A, B, and C of this part; to the proceeding. A person wishing to (2) Identify the Commission order § 154.209 Form of notice for Federal Register. become a party to the proceeding must directing the revision; file a motion to intervene. The company must file a form of (3) List the modifications made to the (b) Any motion to intervene must be currently effective rate during the notice suitable for publication in the Federal Register. The company must filed not later than 12 days after the suspension period, the docket number subject tariff filing in accordance with in which the modifications were filed, also submit a copy of the notice on a 1 ′′ § 385.214 of this chapter. and identify the order permitting the separate 3 ⁄2 diskette in ASCII format. modifications. Each diskette must be labelled with the Subpart DÐMaterial To Be Filed With (b) Where the Commission has name of the company and the words Changes suspended the effective date of a change ‘‘notice of filing.’’ The notice must be in of rate, charge, classification, or service the following form: § 154.301 Changes in rates. for a minimal period and the pipeline (a) Except for changes in rates has not included a motion in its United States of America Federal Energy pursuant to subparts E, F and G, of this Regulatory Commission transmittal letter, or has specified in its part, any natural gas company filing for transmittal letter pursuant to (Name of Company) Docket No. a change in rates or charges, except for § 154.7(a)(9), that it reserves its right to Notice of Proposed Changes in FERC Gas a minor rate change, must submit, in file motion to place the proposed Tariff (or Notice of Compliance Filing) addition to the material required by change of rate, charge, classification, or Take notice that on (date),(name of subparts A, B, and C of this part, the service into effect at the end of the company) tendered for filing as part of its Statements and Schedules described in suspension period, the change will go FERC Gas Tariff, Volume No. (number), the § 154.312. 53002 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
(b) A natural gas company filing for a for changes in revenues and costs which adjustment to base period actual minor rate change must file the are known and measurable with volumes and costs. Statements and Schedules described in reasonable accuracy at the time of the (c) Book data included in statements § 154.313. filing and which will become effective and schedules required to be prepared (c) A natural gas company filing for a within the adjustment period. The base or submitted as part of the filing must change in rates or charges must be period factors must be adjusted to be reported in a separate column or prepared to go forward at a hearing and eliminate nonrecurring items. The columns. All adjustments to book data sustain, solely on the material submitted company may adjust its base period must also be reported in a separate with its filing, the burden of proving factors to normalize items eliminated as column or columns so that book that the proposed changes are just and nonrecurring. amounts, adjustments thereto, and reasonable. The filing and supporting (b) If the natural gas company has not adjusted amounts will be clearly workpapers must be of such been in operation for 12 months on the disclosed. All adjustments must be composition, scope, and format as to filing date, then the test period must supported by a narrative explanation. comprise the company’s complete case- consist of 12 consecutive months ending (d) Certain of the statements and in-chief in the event that the change is not more than one year after the filing schedules of § 154.313 are workpapers. suspended and the matter is set for date. Rate factors may be adjusted as in Any data or summaries reflecting the hearing. If the rate fixing adjustments paragraph (a)(4) of this section but must books of account must be supported by presented are not in full accord with not be adjusted for occurrences accounting workpapers setting forth all any prior Commission decision directly anticipated after the 12-month period. necessary particulars from which an involving the filing company, the (c)(1) Adjustments to base period auditor may readily identify the book company must include in its working experience, or to estimates where 12 data included in the filing and verify papers alternate material reflecting the months’ experience is not available, that such data are in agreement with the effect of such prior decision. (For may include the costs for facilities for company’s books of account. purposes of this section, rate of return which either a permanent or temporary § 154.305 Tax normalization. is not a rate fixing adjustment.) certificate has been granted, provided (a) Applicability. An interstate § 154.302 Previously submitted material. such facilities will be in service within pipeline must compute the income tax the test period; or a certificate (a) If all, or any portion, of the component of its cost-of-service by application is pending. The filing must information called for by this part has using tax normalization for all identify facilities, related costs and the already been submitted to the transactions. docket number of each such outstanding Commission within six months of the (b) Definitions. certificate. Subject to paragraph (c)(2) of filing date of this application, or is (1) Tax normalization means this section, adjustments to base period included in other data filed pursuant to computing the income tax component as experience, or to estimates where 12 this part, specific reference thereto may if transactions recognized in each period months’ experience is not available, be made in lieu of resubmission. for ratemaking purposes are also may include any amounts for facilities (b) If a new FERC Form No. 2 or 2– recognized in the same amount and in that require a certificate of public A is required to be filed within 60 days the same period for income tax convenience and necessity, where a from the end of the base period, the new purposes. certificate has not been issued by the FERC Form No. 2 or 2–A must be filed (2) Commission-approved ratemaking filing date but is expected to be issued concurrently with the rate change filing. method means a ratemaking method before the end of the test period. There must be furnished to the Director, approved by the Commission in a final Adjustments to base period may include Office of Pipeline Regulation, with the decision. This includes a ratemaking costs for facilities that do not require a rate change filing, one copy of the FERC method that is part of an approved certificate and are in service by the end Form No. 2 or 2–A. settlement or arbitration providing that of the test period. the ratemaking method is to be effective § 154.303 Test periods. (2) When a pipeline files a motion to beyond the term of the settlement or Statements A through M, O, P, and place the rates into effect, the filing arbitration. supporting schedules, in § 154.312 and must be revised to exclude the costs (3) Income tax purposes means for the § 154.313, must be based upon a test associated with any facilities not in purpose of computing actual income tax period. service as of the earlier of the effective under the provisions of the Internal (a) If the natural gas company has date or the end of the test period. Revenue Code or the income tax been in operation for 12 months on the (d) The Commission may allow provisions of the laws of a State or filing date, then the test period consists reasonable deviation from the political subdivision of a State of a base period followed by an prescribed test period. (including franchise taxes). adjustment period. (4) Income tax component means that (1) The base period consists of 12 § 154.304 Format of statements, part of the cost-of-service that covers consecutive months of the most recently schedules, workpapers and supporting data. income tax expenses allowable by the available actual experience. The last day Commission. of the base period may not be more than (a) All statements, schedules, and (5) Ratemaking purposes means for 4 months prior to the filing date. workpapers must be prepared in the purpose of fixing, modifying, (2) The adjustment period is a period accordance with the Commission’s accepting, approving, disapproving, or of up to 9 months immediately Uniform System of Accounts. rejecting rates under the Natural Gas following the base period. (b) The data in support of the Act. (3) The test period may not extend proposed rate change must include the (6) Tax effect means the tax reduction more than 9 months beyond the filing required particulars of book data, or addition associated with a specific date. adjustments, and other computations expense or revenue transaction. (4) The rate factors (volumes, costs, and information on which the company (7) Transaction means an activity or and billing determinants) established relies, including a detailed narrative event that gives rise to an accounting during the base period may be adjusted explanation of each proposed entry. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53003
(c) Reduction of, and addition to, Rate Commission approved ratemaking and § 154.313 must reflect costs detailed Base. (1) The rate base of an interstate method. by zone. pipeline using tax normalization under this section must be reduced by the § 154.306 Cash working capital. § 154.311 Updating of statements. balances that are properly recordable in A natural gas company that files a (a) Certain statements and schedules Account 281, ‘‘Accumulated deferred tariff change under this part may not in § 154.312, that include test period income taxes-accelerated amortization receive a cash working capital data, must be updated with actual data property’’; Account 282, ‘‘Accumulated adjustment to its rate base unless the by month and must be resubmitted in deferred income taxes—other property’’: company or other participant in a rate the same format and with consecutive and Account 283, ‘‘Accumulated proceeding under this part 12 month running totals, for each month deferred income taxes—other.’’ Balances demonstrates, with a fully developed of the adjustment period. The updated that are properly recordable in Account and reliable lead-lag study, a net statements or schedules must be filed 45 190, ‘‘Accumulated deferred income revenue receipt lag or a net expense days after the end of the test period. The taxes,’’ must be treated as an addition to payment lag (revenue lead). Any updated filing must reference the rate base. Include, as an addition or demonstrated net revenue receipt lag associated docket number and must be reduction, as appropriate, amounts in will be credited to rate base; and, any filed in the same format, form, and Account 182.3, Other regulatory assets, demonstrated net expense payment lag number as the original filing. and Account 254, Other regulatory will be deducted from rate base. (b) The statements and schedules in § 154.312 to be updated are: Statements liabilities, that result from a deficiency § 154.307 Joint facilities. or excess in the deferred tax accounts C, D and H–4; Schedules B–1, B–2, C– (see paragraph (d) of this section) and The Statements required by § 154.312 3, D–2, E–2, E–4, G–1, G–4, G–5, G–6, which have been, or are soon expected must show all costs (investment, H–1 (1)(a), H–1 (1)(b), H–1 (1)(c), H–1 to be, authorized for recovery or refund operation, maintenance, depreciation, (3)(a) through H–1 (3)(l), H–2 (1), H–3 through rates. taxes) that have been allocated to the (3), I–4, and I–6. natural gas operations involved in the (2) Such rate base reductions or § 154.312 Composition of Statements. additions must be limited to deferred subject rate change and are associated with joint facilities. The methods used (a) Statement A. Cost-of-service taxes related to rate base, construction, Summary. Summarize the overall gas or other costs and revenues affecting in making such allocations must be provided. utility cost-of-service: operation and jurisdictional cost-of-service. maintenance expenses, depreciation, (d) Special rules. (1) This paragraph § 154.308 Representation of chief taxes, credits to cost-of-service, and applies: accounting officer. return as developed in other statements (i) If the rate applicant has not The filing must include a statement and schedules. provided deferred taxes in the same executed by the chief accounting officer (b) Statement B. Rate Base and Return amount that would have accrued had or other authorized accounting Summary. Summarize the overall gas tax normalization always been applied; representative of the filing company utility rate base shown in Statements C, or representing that the cost statements, D, E, and Schedules B–1 and B–2. Show (ii) If, as a result of changes in tax supporting data, and workpapers, that the application of the claimed rate of rates, the accumulated provision for purport to reflect the books of the return to the overall rate base. deferred taxes becomes deficient in, or company do, in fact, set forth the results (1) Schedule B–1. Accumulated in excess of, amounts necessary to meet shown by such books. Deferred Income Taxes (Account Nos. future tax liabilities. 190, 282, and 283). Show monthly book (2) The interstate pipeline must § 154.309 Incremental expansions. balances of accumulated deferred compute the income tax component in (a) For every expansion for which income taxes for each of the 12 months its cost-of-service by making provision incremental rates are charged, the during the base period. List all items for for any excess or deficiency in deferred company must provide a summary with which the accumulated deferred income taxes. applicable cross-references to § 154.312 taxes are calculated. In adjoining (3) The interstate pipeline must apply and § 154.313, of the costs and revenues columns, show additions and a Commission-approved ratemaking associated with the expansion, until the reductions for the adjustment period method made specifically applicable to Commission authorizes the costs of the balance and the total adjusted balance. the interstate pipeline for determining incremental facilities to be rolled-in to Separately identify the individual the cost-of-service provision described the pipeline’s rates. For every expansion components and the amounts in these in paragraph (d)(2) of this section. If no that has an at-risk provision in the accounts that the company seeks to Commission-approved ratemaking certificate authorization, the costs and include in its rate base. method has been made specifically revenues associated with the facility (2) Schedule B–2. Regulatory Asset applicable to the interstate pipeline, must be shown in summary format with and Liability. If the pipeline seeks then the interstate pipeline must use applicable cross-references to § 154.312 recovery of such balances in rate base, some ratemaking method for making and § 154.313, until the Commission show monthly book balances of such provision, and the appropriateness removes the at-risk condition. regulatory assets (Account 182.3) and of such method will be subject to case- (b) The summary statements must liabilities (Account 254) for each of the by-case determination. provide the formulae and explain the 12 months during the base period. In (4) An interstate pipeline must bases used in the allocation of common adjoining columns, show additions and continue to include, as an addition or costs to each incremental facility. reductions for the adjustment period reduction to rate base, any deficiency or balance and the total adjusted balance. excess attributable to prior flow-through § 154.310 Zones. Separately identify the individual or changes in tax rates (paragraphs If the company maintains records of components and the amounts in these (d)(1)(i) and (d)(1)(ii) of this section), costs by zone, and proposes a zone rate accounts that the company seeks to until such deficiency or excess is fully methodology based on these costs, the include in its rate base. Identify any amortized in accordance with a statements and schedules in § 154.312 specific Commission authority that 53004 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations required the establishment of these actual experience with monthly inputs (2) Schedule D–2. This schedule is amounts. Regulatory asset or liability and outputs to system gas. part of the workpapers. Give a net of deferred tax amounts should be (4) Schedule C–4. This schedule is description of the methods and included. Also, separately state the part of the workpapers. State the procedures used in depreciating, gross amounts of the regulatory asset methods and procedures followed in depleting, and amortizing plant and in and liability. capitalizing the allowance for funds recording abandonments. This schedule (c) Statement C. Cost of Plant used during construction and other must be filed only if a policy change has Summary. Show the amounts of gas construction overheads. This schedule been made effective since the period utility plant classified by Accounts 101, must be provided only in situations covered by the last annual report on 102, 103, 104, 105, 106, 107, 117.1, and when the pipeline has changed any of FERC Form No. 2 or 2–A was filed with 117.2 as of the beginning of the 12 its procedures since the last filed FERC the Commission. months of actual experience, the book Forms No. 2 or 2–A. (e) Statement E. Working Capital. additions and reductions (in separate (5) Schedule C–5. This schedule is Show the components of working columns) during the 12 months, and the part of the workpapers. Set forth the capital in sufficient detail to explain book balances at the end of the 12- cost of Plant in Service carried on the how the amount of each component was month period. In adjoining columns, company’s books as gas utility plant computed. Components of working show the claimed adjustments, if any, to which was not being used in rendering capital, other than cash working capital, the book balances and the total cost of gas service. Describe the plant. This may include an allowance for the plant to be included in rate base. For schedule must be provided only if there average of 13 monthly balances of Account 117, also provide the volumes is a significant change of $500,000 or materials and supplies and prepayments by subaccount. State the method used more since the end of the year reported actually expended and gas for resale. To for accounting for system gas recorded in the company’s last FERC Form No. 2 the extent the applicant files to adjust in Account 117.2. Explain all or 2–A. the average of any 13 monthly balances, workpapers must be submitted that adjustments in the following schedules. (d) Statement D. Accumulated support the adjustment(s). Show the (1) Schedule C–1. End of Base and Provisions for Depreciation, Depletion, computations, cross-references, and Test Period Plant Functionalized. and Amortization. Show the sources from which the data used in Demonstrate the ending base and test accumulated provisions for computing claimed working capital are period balances for Plant in Service, in depreciation, depletion, amortization, derived. The following schedules and columnar form, by detailed plant and abandonment (Account 108, material must be submitted as part of account prescribed by the Commission’s detailed by functional plant Statement E: Uniform System of Accounts for Natural classification, and Account 111), as of (1) Schedule E–1. Show the Gas Companies (part 201 of this chapter) the beginning of the 12 months of actual computation of cash working capital with subtotals by functional experience, the book additions and claimed as an adjustment to the gas classifications, e.g., Intangible Plant, reductions during the 12 months, and company’s rate base. Any adjustment to Manufactured Gas Production Plant, the balances at the end of the 12-month rate base requested must be based on a Natural Gas Production and Gathering period. In adjoining columns, show fully-developed and reliable lead-lag Plant, Products Extraction Plant, Storage adjustments to these ending book study. The components of the lead-lag Plant, Transmission Plant, Distribution balances and the total adjusted balances. study must include actual total Plant, and General Plant. Show zones, to All adjustments must be explained in company revenues, purchased gas costs, the extent required by § 154.310, and the supporting material. Any authorized storage expense, transportation and expansions, to the extent required by negative salvage must be maintained in compression of gas by others, salaries § 154.309. Separately identify those a separate subaccount of Account 108. and wages, administrative and general facilities and associated costs claimed For each functional plant classification, expenses, income taxes payable, taxes for the test period that require certificate show depreciation reserve associated other than income taxes, and any other authority but such authority has not with offshore and onshore plant operating and maintenance expenses for been obtained at the time of filing. Give separately. The following schedules and the base period. Cash working capital the docket number of the certificate additional material must be submitted allowances in the form of additions to proceeding. as part of Statement D: rate base may not exceed one-eighth of (2) Schedule C–2. Show, for Accounts (1) Schedule D–1. This schedule is the annual operating expenses, as 106 and 107, a list of work orders part of the workpapers. Show the adjusted, net of non-cash items. claimed in the rate base. Give the work depreciation reserve book balance (2) Schedule E–2. Set forth monthly order number, docket number, applicable to that portion of the balances for materials, supplies, and description, amount of each work order, depreciation rate not yet approved by prepayments in such detail as to and the amounts of each type of the Commission, the depreciation rates, disclose, either by subaccounts regularly undistributed construction overhead. the docket number of the order maintained on the books or by analysis Work orders amounting to $500,000 or approving such rate, and an explanation of the principal items included in the less may be grouped by category of of any difference. Reflect actual end of main account, the nature of such items. base period depreciation reserve charges. (3) Schedule C–3. A cross-reference to functionalized. Show accumulated (3) Schedule E–3. For FERC Accounts updated information in the company’s depreciation and amortization, in 117.3, 164.1, 164.2 and 164.3, show the FERC Form No. 2 may be substituted for columnar form, for the ending base and quantities and the respective costs of this Schedule. Give details of each test period balances by functional natural gas stored at the beginning of the storage project owned and storage classifications of Accumulated test period, the input, output and projects under contract to the company, Depreciation reserve. (Examples are balance remaining in Dth and associated showing cost by major functions. Show provided in Schedule C–1). For each costs by months. The method of pricing base and system gas storage quantities functional plant classification, show input, output and balance, and the and associated costs by account for the depreciation reserve associated with claimed adjustments shall be disclosed test period and for the 12 months of offshore and onshore plant separately. and clearly and fully explained. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53005
Pipelines using the inventory method requirements, or for other reasons, receipt and delivery rate zones, if for system gas should not include any separately show: The annual applicable. system gas inventory balances in this amortization of the discount or (ii) Credits. Show the principal schedule. premium for each series of debt from the components comprising each of the (f) Statement F–1. Rate of Return date of reacquisition over the remaining various items which are reflected as Claimed. Show the percentage rate of life of the debt being retired; and, the credits to the cost-of-service in return claimed and the general reasons total discount and premium, as a result preparing Statement A, Overall Cost-of- therefor. Where any component of the of such amortization, applicable to the service for the base period and the base capital of the filing company is not test period. period as adjusted. Any transition cost primarily obtained through its own (i) Statement F–4. Preferred Stock component of interruptible financing, but is primarily obtained Capital. Show the weighted average cost transportation revenue must not be from a company by which the filing of preferred stock capital based upon treated as operating revenues as defined company is controlled, as defined in the the following data for each class and above. Commission’s Uniform System of series of preferred stock outstanding (iii) Billing Determinants. Show total Accounts, then the data required by according to the balance sheet, as of the reservation and usage billing these statements must be submitted end of the 12-month base period of determinants for the base period and the with respect to the debt capital, actual experience and as of the end of base period as adjusted, by rate preferred stock capital, and common the nine-month test period. schedule by receipt and delivery rate stock capital of such controlling (1) Title. zones, if applicable. Show separately company or any intermediate company (2) Date of issuance. the billing determinants for firm through which such funds have been (3) If callable, call price. services under contracts with a primary secured. Furnish the Commission staff a (4) If convertible, terms of conversion. term of less than one year. For services copy of the latest prospectus issued by (5) Dividend rate. provided through released capacity, the filing natural gas company, any (6) Par or stated amount of issue: identify billing determinants by rate superimposed holding company, or Gross proceeds; Underwriters’ discount schedule and by receipt and delivery subsidiary companies. or commission: Amount; Percent gross rate zones, if applicable. (g) Statement F–2. Show proceeds; Issuance expenses: Amount; (2) The Schedules G–1 through G–6 (1) The capitalization, capital Percent gross proceeds; Net proceeds; must be filed at the FERC and served on structure, cost of debt capital, preferred Net proceeds per unit. all state commissions having stock capital, and the claimed return on (7) Cost of money: Annual dividend jurisdiction over the affected customers stockholders’ equity; rate divided by net proceeds per unit. within fifteen days after the rate case is (2) The weighted cost of each capital (8) State whether the issue was filed. Schedules G–1 through G–6 must class based on the capital structure; and, offered to stockholders through also be served on parties that request (3) The overall rate of return claimed. subscription rights or to the public. such service within 15 days of the filing (h) Statement F–3. Debt Capital. Show (9) If the issue is owned by an of the rate case. the weighted average cost of debt capital affiliate, state the name and relationship (i) Schedule G–1. Base Period based upon the following data for each of the owner. Revenues. For the base period, show class and series of long-term debt (j) Statement G. Revenues, Credits, total actual revenues and billing outstanding according to the balance and Billing Determinants. determinants by month by customer sheet, as of the end of the 12-month base (1) Show in summary format the name, by rate schedule, by receipt and period of actual experience and as of the information requested below on delivery zone, if applicable, by major end of the 9-month test period. revenues, credits and billing rate component (e.g., reservation (1) Title. determinants for the base period and the charges) and totals. Billing determinants (2) Date of issuance and date of base period as adjusted. Explain the must not be adjusted for discounting. maturity. basis for adjustment to the base period. Provide actual throughput (i.e., usage or (3) Interest rate. The level of billing determinants should commodity quantities, unadjusted for (4) Principal amount of issue: Gross not be adjusted for discounting. discounting) and actual contract proceeds; Underwriters’ discount or (i) Revenues. Provide the total demand levels (unadjusted for commission: Amount; Percent gross revenues, from jurisdictional and non- discounting). Provide this information proceeds; Issuance expense: Amount; jurisdictional services, classified in separately for firm service under Percent gross proceeds; Net proceeds; accordance with the Commission’s contracts with a primary term of less Net proceeds per unit. Uniform System of Accounts for the than one year. Separate operating (5) Cost of money: Yield to maturity base period and for the base period as revenues from revenues received from based on the interest rate and net adjusted. Separate operating revenues surcharges or other sources (e.g., ACA, proceeds per unit outstanding by major rate component (e.g., GRI, transition costs). Identify determined by reference to any reservation charges, demand charges, customers who are affiliates. Identify generally accepted table of bond yields. usage charges, commodity charges, rate schedules under which costs are The yield to maturity is to be expressed injection charges, withdrawal charges, allocated and rate schedules under as a nominal annual interest rate. For etc.) from revenues received from which revenues are credited for the base example, for bonds having semiannual penalties, surcharges or other sources period with cross-references to the other payments, the yield to maturity is twice (e.g., ACA, GRI, transition costs). Show filed statements and schedules. the semiannual rate. revenues by rate schedule and by (ii) Schedule G–2. Adjustment Period 6) If the issue is owned by an affiliate, receipt and delivery rate zones, if Revenues. state the name and relationship of the applicable. Show separately the (A) Show revenues and billing owner. revenues for firm services under determinants by month, by customer (7) If the filing company has acquired, contracts with a primary term of less name, by rate schedule, by receipt and at a discount or premium, some part of than one year. For services provided delivery zone, if applicable, by major its outstanding debt which could be through released capacity, identify total rate component (e.g., reservation used in meeting sinking fund revenues by rate schedule and by charges) and totals for the base period 53006 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations adjusted for known and measurable as credits to cost-of-service in Statement Accounts. Show these expenses, under changes which are expected to occur A. the columnar headings, with subtotals within the adjustment period computed (B) To the extent the credits to the for each functional classification, as under the rates expected to be charged. cost-of-service reflected in Statement A follows: Operation and maintenance Billing determinants must not be differ from the amounts shown on expenses by months, as booked, for the adjusted for discounting. Provide Schedule G–5, compare and reconcile 12 months of actual experience, and the projected throughput (i.e., usage or the two statements. Quantify and 12-month total; adjustments, if any, to commodity quantities, unadjusted for explain each proposed adjustment to expenses as booked; and total adjusted discounting) and projected contract base period actuals. For Account No. operation and maintenance expenses. demand levels (unadjusted for 490, show the name and location of Disclose and explain all accrual or other discounting). Provide this information each product extraction plant normalizing accounting entries for separately for firm service under processing gas for the applicant, and the internal purposes reflected in the contracts with a primary term of less inlet and outlet monthly dth of the monthly expenses presented per book. than one year. Separate operating pipeline’s gas at each plant. Show the Explain any amounts not currently revenues from revenues received from revenues received by the applicant by payable, except depreciation charged surcharges or other sources (e.g., ACA, product by month for each extraction through clearing accounts, included in GRI, transition costs). Identify plant for the base period and proposed operation and maintenance expenses. customers who are affiliates. Identify for the test period. (2) Schedule H–1 (1)(a). Labor Costs. rate schedules under which costs are (C) Separately state each item and (3) Schedule H–1 (1)(b). Materials and allocated and rate schedules under revenue received for the transportation Other Charges (Excluding Purchased which revenues are credited for the of liquids, liquefiable hydrocarbon, or Gas Costs and items shown in Schedule adjustment period with cross-references nonhydrocarbon constituents owned by H–1 (1)(c)). to the other filed statements and shippers. For both the base and test (4) Schedule H–1 (1)(c). Quantities schedules. periods, indicate by shipper contract: Applicable to Accounts Nos. 810, 811, (B) Provide a reconciliation of the The quantity transported and the and 812. Show the quantities for each of base period revenues and billing revenues received. the contra-accounts for both base and (D) Separately state the revenues determinants and the revenues and test periods. received from the release by the billing determinants for the base period (5) Schedule H–1 (2). This schedule is pipeline of transportation and as adjusted. part of the workpapers. Show, for the 12 compression capacity it holds on other (iii) Schedule G–3. Specify, quantify, months of actual experience and pipeline systems. The revenues must claimed adjustments: A classification of and justify each proposed adjustment equal the revenues reflected on (capacity release, plant closure, contract principal charges, credits and volumes; Schedule I–4(iv). particulars of supporting computations termination, etc.) to base period actual (vi) Schedule G–6. Miscellaneous billing determinants, and provide a and accounting bases; a description of Revenues. Separately state by month the services and related dollar amounts for detailed explanation for each factor base and adjustment period revenues contributing to the adjustment. Include which liability is incurred or accrued; and the associated quantities received as and, the name of the firm or individual references to any certificate docket penalties from jurisdictional customers; authorizing changes. Submit rendering such services. Expenses the revenues received from cash outs reported in Schedules H–1 (2)(a) workpapers with all formulae. and other imbalance adjustments; and, (iv) Schedule G–4. At-Risk Revenue. through H–1 (2)(k) of $100,000 or less the revenues received from exit fees. per type of service may be grouped. For each instance where there is a (k) Statement H–1. Operation and separate cost-of-service associated with (6) Schedule H–1 (2)(a). Accounts Maintenance Expenses. Show the gas 806, 808.1, 808.2, 809.1, 809.2, 813, 823, facilities for which the applicant is ‘‘at operation and maintenance expenses risk,’’ show the base period and and any other account used to record according to each applicable account of fuel use or gas losses. Provide details of adjustment period revenue by customer the Commission’s Uniform System of or customer code, by rate schedule, by each type of expense. Accounts for Natural Gas Companies. (7) Schedule H–1 (2)(b). Accounts 913 receipt and delivery zone, if applicable, Show the expenses under columnar and 930.1. Advertising Expenses. and as 12-month totals. Provide this headings, with subtotals for each Disclose principal types of advertising information by month unless otherwise functional classification, as follows: such as TV, newspaper, etc. agreed to by interested parties and if Operation and maintenance expense by (8) Schedule H–1 (2)(c). Account 921. monthly reporting is consistent with months, as booked, for the 12 months of Office Supplies and Expenses. past practice of the pipeline. However, actual experience, and the 12-month (9) Schedule H–1 (2)(d). Account 922. if seasonal services are involved, or if total; adjustments, if any, to expenses as Administrative Expenses Transferred billing determinants vary from month to booked; and, total adjusted operation Credit. month, the information must be and maintenance expenses. Provide a (10) Schedule H–1 (2)(e). Account provided monthly. Provide projected detailed narrative explanation of, and 923. Outside Services Employed. throughput (i.e., usage or commodity the basis and supporting workpapers (11) Schedule H–1 (2)(f). Account 926. quantities, unadjusted for discounting) for, each adjustment. The following Employee Pensions and Benefits. and projected contract demand levels schedules and additional material must (12) Schedule H–1 (2)(g). Account (unadjusted for discounting). be submitted as part of Statement H–1: 928. Regulatory Commission Expenses. (v) Schedule G–5. Other Revenues. (1) Schedule H–1 (1). This schedule is (13) Schedule H–1 (2)(h). Account (A) Describe and quantify, by month, part of the workpapers. Show the labor 929. Duplicate Charges. Credit. the types of revenue included in costs, materials and other charges (14) Schedule H–1 (2)(i). Account Account Nos. 490–495 for the base and (excluding purchased gas costs) and 930.2. Miscellaneous General Expenses. test periods. Show revenues applicable expenses associated with Accounts 810, (15) Schedule H–1 (2)(j). to the sale of products. Show the 811, and 812 recorded in each gas Intercompany and Interdepartmental principal components comprising each operation and maintenance expense Transactions. Provide a complete of the various items which are reflected account of the Uniform System of disclosure of all corporate overhead Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53007 allocated to the company. If the expense the Commission. Show the rate or rates experience (separately identify the accounts contain charges or credits to previously used together with amounts expensed or accrued during and from associated or affiliated supporting data for the new rate or rates the period); adjustments, if any, to companies or nonutility departments of used for this filing. The following amounts booked; and, the total adjusted the company, submit a schedule, or schedule and additional material must taxes claimed. Show the kind and schedules, as to each associated or be submitted as a part of Statement H– amount of taxes paid under protest or in affiliated company or nonutility 2: connection with taxes under litigation. department showing: (1) Schedule H–2 (1). Depreciable Show taxes by state and by type of tax. (i) The amount of the charges, or Plant. The following schedules and additional credits, during each month and in total (i) Reconcile the depreciable plant material must be submitted as a part of for the base period and the adjustment shown in Statement H–2 with the Statement H–4: period. aggregate investment in gas plant shown (1) Schedule H–4. This schedule is (ii) The FERC Account No. charged in Statement C, and the expense charged part of the workpapers. Show the (or credited). to other than prescribed depreciation, computations of adjusted taxes claimed (iii) Descriptions of the specific depletion, amortization, and negative in Statement H(4). services performed for, or by, the salvage expense accounts. Identify the (o) Statement I. Statement I consists of associated/affiliated company or amounts of plant costs and associated the following Schedules: nonutility department. plant accounts used as the bases for (1) Schedule I–1. Functionalization of (iv) The bases used in determining the depreciation expense charged to Cost-of-service. Show the overall cost- amounts of the charges (credits). clearing accounts. For each functional of-service contained in Statement A as Explain, document, and demonstrate the plant classification, show depreciation supported by Statements B, C, D, E, G derivation of the allocation bases with reserve associated with offshore and (revenue credits), and H: underlying calculations used to allocate onshore plant separately. (i) Schedule I–1(a). Separate overall costs among affiliated companies, and (ii) Schedule H–2 (1) must be cost-of-service by function of facility. identify (by account number) all costs updated, as set forth in § 154.310, with (ii) Schedule I–1(b). Separate the paid to, or received from affiliated actual depreciable plant and reconciled transmission, storage, and gathering companies which are included in a with updated Statement C. facilities between incremental and non- pipeline’s cost-of-service for both the (m) Statement H–3. Income Taxes. incremental facilities. If the pipeline base and test periods. Show the computation of allowances for proposes to directly assign the costs of (16) Schedule H–1 (2)(k). Show all Federal and State income taxes for the specific facilities, it must provide a lease payments applicable to gas test period based on the claimed return separate cost-of-service for every operation contained in the operation applied to the overall gas utility rate directly assigned facility (e.g., lateral or and maintenance accounts. Leases of base. To indicate the accounting storage field). $500,000 or less may be grouped by type classification applicable to the amount (iii) Schedule I–1(c). If the pipeline of lease. claimed, the computation of the Federal maintains records of costs by zone and (l) Statement H–2. Depreciation, income tax allowance must show, proposes a zone rate methodology based Depletion, Amortization and Negative separately, the amounts designated as on those costs separately state Salvage Expenses. Show, separately, the current tax and deferred tax. Section transmission, storage, and gathering gas plant depreciation, depletion, 154.306, Tax Normalization, is costs, for each zone. amortization, and negative salvage incorporated in these instructions by (iv) Schedule I–1(d). Show the expenses by functional classifications. reference. All the requirements of this method used to allocate common and For each functional plant classification, section apply to Schedule H–3. The joint costs to various functions. Provide show depreciation reserve associated following schedules and additional the factors underlying the allocation of with offshore and onshore plant material must be submitted as a part of general costs (e.g., miles of pipe, cost of separately. Show, in separate columns: Statement H–3: plant, labor). Show the formulae used expenses for the 12 months of actual (1) Schedule H–3 (1). This schedule is and explain the bases for the allocation experience; adjustments, if any, to such part of the workpapers. Show the of common and joint costs. expense; and, the total adjusted expense income tax paid each State in the (2) Schedule I–2. Classification of claimed. Explain the bases, methods, current and/or previous year covered by Cost-of-service. essential computations, and derivation the test period. (i) For each functionalized cost-of- of unit rates for the calculation of (2) Schedule H–3 (2). This schedule is service provided in Schedule I–1 (a), (b), depreciation, depletion, and part of the workpapers. Show the and (c), show the classification of costs amortization expense for the 12 months computation of an updated between fixed costs and variable costs of actual experience and for the reconciliation between book depreciable and between reservation costs and usage adjustments. The amounts of plant and tax depreciable plant and costs. The classification must be for depreciable plant must be shown by the accumulated provision for deferred each element of the cost-of-service (e.g., functions specified in paragraph C of income taxes, for the base period or depreciation expenses, state income Account 108, Accumulated Provisions latest calendar or fiscal year (depending taxes, revenue credits). For operation for Depreciation of Gas Utility Plant, on the company’s reporting period). and maintenance expenses and revenue and Account 111, Accumulated Regulatory asset or liability net of credits, the classification must be Provision for Amortization and deferred tax amounts should be provided by account and by total. Depletion of Gas Utility Plant, of the included in this reconciliation. Also, (ii) Explain the basis for the Commission’s Uniform System of separately state the gross amounts of the classification of costs. Accounts for Natural Gas Companies, regulatory asset and liability. (iii) Explain any difference between and, if available, for each detailed plant (n) Statement H–4. Other Taxes. Show the method for classifying costs and the account (300 Series) together with the the gas utility taxes, other than Federal classification method underlying the rates used in computing such expenses. or state income taxes, in separate pipeline’s currently effective rates. Explain any deviation from the rates columns, as follows: Tax expense per (3) Schedule I–3. Allocation of Cost- determined to be just and reasonable by books for the 12 months of actual of-service. 53008 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
(i) If the company provides gas sales (1) Schedule J–1. Summary of Billing prepared testimony indicating the line and transportation as a bundled service, Determinants. Provide a summary of all of proof which the company would offer show the allocation of costs between billing determinants used to derive for its case-in-chief in the event that the direct sales or distribution sales and the rates. Provide a reconciliation of rates are suspended and the matter set other services. If the company provides customers’ total billing determinants as for hearing. Name the sponsoring unbundled transportation, show the shown on Schedule G–2 with those witness of all text and testimony. allocation of costs between services used to derive rates in Schedule J–2. Statement P must be filed concurrently with cost-of-service rates and services Provide an explanation of how any with the other schedules. with market-based rates, including discount adjustment is developed. If products extraction, sales, and billing determinants are imputed for § 154.313 Schedules for minor rate changes. company-owned production. If the cost- interruptible service, explain the of-service is allocated among rate zones, method for calculating the billing (a) A change in a rate or charge that, show how the classified cost-of-service determinants. for the test period, does not increase the is allocated among rate zones by (2) Schedule J–2. Derivation of Rates. company’s revenues by the smaller of function. If the pipeline proposes to Show the derivation of each rate $1,000,000 or 5 percent is a minor rate establish rate zones for the first time, or component of each rate. For each rate change. A change in a rate level that to change existing rate zone boundaries, component of each rate schedule, does not directly or indirectly result in explain how the rate zone boundaries include: an increased rate or charge to any are established. (i) A reference (by page, line, and customer or class of customers is a (ii) Show how the classified costs of column) to the allocated cost-of-service minor rate change. service provided in Schedule I–2 or in Statement I. (b) In addition to the schedules in this Schedule I–3 (i) are allocated among the (ii) A reference to the appropriate section, filings for minor rate changes pipeline’s services and rate schedules. billing determinants in Schedule J–1. must include Statements L, M, O, P, I– (iii) Provide the formulae used in the (iii) Explain any changes in the 1 through I–4, and J of § 154.312. allocation of the cost-of-service. Provide method used for the derivation of rates (c) The schedules of this section must the factors underlying the allocation of from the method used in developing the contain the principal determinants the cost-of-service (e.g., contract underlying rates. essential to test the reasonableness of demand, annual billing determinants, (q) Statement K. [Reserved] the proposed minor rate change. Any three-day peak). Provide the load factor (r) Statement L. Balance Sheet. adjustments to book figures must be or other basis for any imputed demand Provide a balance sheet in the form separately stated and the basis for the quantities. prescribed by the Commission’s adjustment must be explained. (iv) Explain any changes in the basis Uniform System of Accounts for Natural (d) Schedules B–1, B–2, C, D, E, H, H– for the allocation of the cost-of-service Gas Companies as of the beginning and 2, and H–4 of § 154.313, must be from the allocation methodologies end of the base period. Include any updated with actual data by month and underlying the currently effective rates. notes. If the natural gas company is a must be resubmitted in the same format (4) Schedule I–4. Transmission and member of a group of companies, also and with consecutive 12 month running Compression of Gas by Others (Account provide a balance sheet on a totals, for each month of the adjustment 858). Provide the following information consolidated basis. period. The updated statements or for each transaction for the base and (s) Statement M. Income Statement. schedules must be filed 45 days after the adjustment period: Provide an income statement, including end of the test period. The updated (i) The name of the transporter. a section on earnings, in the form filing must reference the associated (ii) The name of the rate schedule prescribed by the Commission’s docket number and must be filed in the under which service is provided, and Uniform System of Accounts for Natural same format, form, and number as the the expiration date of the contract. Gas Companies for the base period. original filing. (iii) Monthly usage volumes. Include any notes. If the natural gas (e) Composition of schedules for (iv) Monthly costs. company is a member of a system group minor rate changes. (v) The monthly revenues for volumes of companies, provide an income (1) Schedule A. Overall Cost-of- flowing under released capacity. The statement on a consolidated basis. revenues in Schedule I–4 (iv) must also (t) Statement N. [Reserved] service by Function. Summarize the be reflected, separately, as a credit in (u) Statement O. Description of overall cost-of-service (operation and Schedule G–5. Company Operations. Provide a maintenance expenses, depreciation, (5) Schedule I–5. Gas Balance. Show description of the company’s service taxes, return, and credits to cost-of- by months and total, for the 12 months area and diversity of operations. Include service) developed from the supporting of actual experience, the company’s Gas the following: schedules below. Account, in the form required by FERC (1) Only if significant changes have (2) Schedule B. Overall Rate Base and Form No. 2 pages 520 and 521. Show occurred since the filing of the last Return. Summarize the overall gas corresponding estimated data, if FERC Form No. 2 or 2–A, provide a utility rate base by function. Include the claimed to be different from actual detailed system map. claimed rate of return and show the experience. Provide the basis for any (2) A list of each major expansion and application of the claimed rate of return variation between estimated and actual abandonment since the company’s last to the overall rate base. base period data. general rate case. Provide brief (3) Schedule B–1. Accumulated (p) Statement J. Comparison and descriptions, approximate dates of Deferred Income Taxes (Account Nos. Reconciliation of Estimated Operating operation or retirement from service, 190, 281, 282, and 283). Show monthly Revenues With Cost-of-service. Compare and costs classified by functions. book balances of accumulated deferred the total revenues by rate schedule (3) A detailed description of how the income taxes for each of the 12 months (Schedule G–2) to the allocated cost-of- company designs and operates its during the base period. In adjoining service (Statement I). Identify any systems. Include design temperature. columns, show additions and surcharges that are reflected in (v) Statement P. Explanatory Text and reductions for the adjustment period Statement N or in Statement I. Prepared Testimony. Provide copies of balance and the total adjusted balance. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53009
(4) Schedule B–2. Regulatory Asset (ii) Schedule G–1 must be filed at the (12) Schedule H–2. Depreciation, and Liability. Show monthly book Commission and on all state Depletion, Amortization and Negative balances of regulatory asset (Account commissions having jurisdiction over Salvage Expenses. Show, separately, the 182.3) and liability (Account 254) for the affected customers within 15 days gas plant depreciation, depletion, each of the 12 months during the base after the rate case is filed. Schedule amortization, and negative salvage period. In adjoining columns, show G–1 must also be served on parties that expenses by functional classifications. additions and reductions for the request such service within 15 days of For each functional plant classification, adjustment period balance and the total the filing of the rate case. show depreciation reserve associated adjusted balance. Only include these (A) Schedule G–1. Adjustment Period with offshore and onshore plant accounts if recovery of these balances Revenues. separately. The bases, methods, are reflected in the company’s costs. (1) Show revenues and billing essential computations, and derivation Identify the specific Commission determinants by month, by customer of unit rates for the calculation of authority which required the name, by rate schedule, by major rate depreciation, depletion, amortization, establishment of these accounts. component (e.g., reservation charges) and negative salvage expenses for actual (5) Schedule C. Cost of Plant by and totals for the base period adjusted experience must be explained. Functional Classification as of the End for known and measurable changes (13) Schedule H–3. Income Tax of the Base and Adjustment Periods. which are expected to occur within the Allowances Computed on the Basis of (6) Schedule D. Accumulated adjustment period computed under the the Rate of Return Claimed. Show the Provisions for Depreciation, Depletion, rates expected to be charged. Show computation of allowances for Federal Amortization, and Abandonment by commodity billing determinants by rate and State income taxes based on the Functional Classifications as of the schedule. Billing determinants must not claimed return applied to the overall gas Beginning and as of the End of the Test be adjusted for discounting. Provide utility rate base. Period. projected throughput (i.e., usage or (14) Schedule H–3 (1). This schedule (7) Schedule E. Working Capital. commodity quantities, unadjusted for is part of the workpapers. Show the Show the various components provided discounting) and projected contract computation of an updated for in § 154.312, Statement E. reconciliation between book depreciable (8) Schedule F. Show the rate of demand levels (unadjusted for plant and tax depreciable plant and return claimed with a brief explanation discounting). Separate operating accumulated provision for deferred of the basis. revenues from revenues received from (9) Schedule G. Revenues and Billing surcharges or other sources (e.g., ACA, income taxes, for the base period or Determinants. GRI, transition costs). Identify latest calendar or fiscal year (depending (i) Show in summary format the customers who are affiliates. Identify on the company’s reporting period). information requested below on rate schedules under which costs are (15) Schedule H–4. Other Taxes. revenues and billing determinants for allocated and rate schedules under Show the gas utility taxes, other than the base period and the base period as which revenues are credited for the Federal or state income taxes in separate adjusted. Schedule G must be submitted adjustment period with cross-references columns, as follows: Tax expense per to all customers of the pipeline that to the other filed statements and books for the 12 months of actual received service during the base period schedules. experience;) adjustments, if any, to or are expected to receive service during (2) Provide a reconciliation of the base amounts booked; and, the total adjusted the base period as adjusted and on State period revenues and billing taxes claimed. Provide the details of the commissions having jurisdiction over determinants and the revenues and kind and amount of taxes paid under the affected customers. billing determinants for the base period protest or in connection with taxes (A) Revenues. Provide the total as adjusted. under litigation. The taxes must be revenues by rate schedule from (10) Schedule H. Operation and shown by states and by kind of taxes. jurisdictional services, classified in Maintenance Expenses. Show the gas Explain all adjustments. accordance with the Commission’s operation and maintenance expenses § 154.314 Other support for a filing. Uniform System of Accounts for the according to each applicable account of (a) Any company filing for a rate base period and for the base period as the Commission’s Uniform System of change is responsible for preparing prior adjusted. Separate operating revenues Accounts for Natural Gas Companies. to filing, and maintaining, workpapers by major rate component (e.g., The expenses must be shown under sufficient to support the filing. reservation charges, demand charges, appropriate columnar-headings, by (b) If the natural gas company has usage charges, commodity charges, labor, materials and other charges, and relied upon data other than those in injection charges, withdrawal charges, purchased gas costs, with subtotals for Statements A through P in § 154.312 in etc.) from revenues received from each functional classification: Operation support of its general rate change, such penalties, surcharges or other sources and maintenance expense by months, as other data must be identified and (e.g., ACA, GRI, transition costs). For booked, for the 12 months of actual submitted. services provided through released experience, and the total thereof; capacity, identify total revenues by rate adjustments, if any, to expenses as Subpart EÐLimited Rate Changes schedule and by receipt and delivery booked; and, total adjusted operation rate zones, if applicable. and maintenance expenses claimed. § 154.400 Additional requirements. (B) Billing Determinants. Show total Explain all adjustments. Specify the In addition to the requirements of reservation and usage billing month or months during which the subparts A, B, and C of this part, any determinants by rate schedule for the adjustments would be applicable. proposal to implement a limited rate base period and the base period as (11) Schedule H–1. Workpapers for change must comply with this subpart. adjusted. For services provided through Expense Accounts. Furnish workpapers released capacity, identify total billing for the 12 months of actual experience § 154.401 RD&D expenditures. determinants by rate schedule and by and claimed adjustments and analytical (a) Requirements. Upon approval by receipt and delivery rate zones, if details as set forth in § 154.312, the Commission, a natural gas company applicable. Schedule H–1 (3). may file to recover research, 53010 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations development, and demonstration (d) Within 120 days of the filing of an (3) The proposed effective date of the (RD&D) expenditures in its rates under application for rate treatment approval tariff change (30 days after the filing of this subpart. and a 5-year program plan, the the tariff sheet, unless a shorter period (b) Applications for rate treatment Commission will state its decision with is specifically requested in a waiver approval. (1) An application for advance respect to acceptance, partial petition and approved), and approval of rate treatment may be filed acceptance, or rejection of the plan, or, (4) A statement that the pipeline will by a natural gas company for RD&D when the complexity of issues in the not recover any annual charges recorded expenditures related to a project or plan so requires, will set a date certain in FERC Account 928 in a proceeding group of projects undertaken by the by which a final decision will be made, under subpart D of this part. company or as part of a project or will order the matter set for hearing. (c) Changes to the ACA unit charge undertaken by others. When more than Partial rejection of a plan by the must be filed annually, to reflect the one company supports an RD&D Commission will be accompanied by a annual charge unit rate authorized by organization, the RD&D organization decision as to the partial level of the Commission each fiscal year. may submit an application that covers acceptance which will be proportionally § 154.403 Periodic rate adjustments. the organization’s RD&D program. applied to all contributions listed for Approval by the Commission of such an jurisdictional companies in the plan. (a) This section applies to the RD&D application and program will Approval by the Commission of a 5-year passthrough, on a periodic basis, of a constitute approval of the individual plan constitutes approval for rate single cost item or revenue item for companies’ contributions to the RD&D treatment of all projects identified as which passthrough is not regulated organization. starting during the first year of the under another section of this subpart, (2) An application for advance approved plan. Continued rate and to revisions on a periodic basis of approval of rate treatment must include treatment will depend upon review and a gas reimbursement percentage. (b) Where a pipeline recovers fuel use a 5-year program plan and must be filed evaluation of subsequent annual and unaccounted-for natural gas in at least 180 days prior to the applications and 5-year program plans. kind, the fuel reimbursement percentage commencement of the 5-year period of § 154.402 ACA expenditures. must be stated in the tariff either on the the plan. tariff sheet stating the currently effective (3) A 5-year program plan must (a) Requirements. Upon approval by rate or on a separate tariff sheet in such include at a minimum: the Commission, a natural gas pipeline a way that it is clear what amount of (i) A statement of the objectives for company may adjust its rates, annually, natural gas must be tendered in kind for the 5-year period that relates the to recover from its customers annual each service rendered. objectives to the interests of ratepayers, charges assessed by the Commission under part 382 of this chapter pursuant (c) A natural gas company that passes the public, and the industry and to the through a cost or revenue item or objectives of other major research to an annual charge adjustment clause (ACA clause). The ACA clause must be adjusts its fuel reimbursement organizations. percentage under this section, must (ii) Budget, technical, and schedule filed with the Commission and indicate the amount of annual charges to be state within the general terms and information in sufficient detail to conditions of its tariff, the methodology explain the work to be performed and flowed through per unit of energy sold or transported (ACA unit charge). The and timing of any adjustments. The allow an assessment of the probability following must be included in the of success and a comparison with other ACA unit charge will be specified by the Commission at the time the Commission general terms and conditions: organizations’ research plans. (1) A statement of the nature of the calculates the annual charge bills. A (iii) The commencement date, revenue or costs to be flowed through to company must reflect the ACA unit expected termination date, and expected the customer; charge in each of its rate schedules annual costs for individual RD&D (2) A statement of the manner in applicable to sales or transportation projects to be initiated during the first which the cost or revenue will be deliveries. The company must apply the year of the plan. collected or returned, whether through ACA unit charge to the usage (iv) A discussion of the RD&D efforts a surcharge, offset, or otherwise; and progress since the preparation of component of rate schedules with two- (3) A statement of which customers the program plan submitted the part rates. A company may recover are recipients of the revenue credit and previous year and an explanation of any annual charges through an ACA unit which rate schedules are subject to the changes that have been made in charge only if its rates do not otherwise cost or fuel reimbursement percentage; objectives, priorities, or budgets since reflect the costs of annual charges (4) A statement of the frequency of the the plan of the previous year. assessed by the Commission under adjustment and the dates on which the (v) A statement identifying all § 382.106(a) of this chapter. The adjustment will become effective; jurisdictional natural gas companies applicable annual charge, required by (5) A step-by-step description of the that will support the program and § 382.103 of this chapter, must be paid manner in which the amount to be specifying the amounts of their before the company applies the ACA flowed through is calculated and a step- budgeted support. unit charge. by-step description of the flowthrough (vi) A statement identifying those (b) Application for Rate Treatment mechanism, including how the costs are persons involved in the development, Authorization. A company seeking classified and allocated. Where the review, and approval of the plan and authorization to use an ACA unit charge adjustment modifies a rate established specifying the amount of effort must file with the Commission a under subpart D of this part, the contributed and the degree of control separate ACA tariff sheet containing: methodology must be consistent with exercised by each. (1) A statement that the company is the methodology used in the proceeding (c) Applications must describe the collecting an ACA per unit charge, as under subpart D of this part; RD&D projects in such detail as to approved by the Commission, (6) Where costs or revenue credits are satisfy the Commission that the RD&D applicable to all the pipeline’s sales and accumulated over a past period for expenditures qualify as valid, transportation schedules, periodic recovery or return, the past justifiable, and reasonable. (2) The per unit charge of the ACA, period must be defined and the Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53011 mechanism for the recovery or return (1) Filings under this section must conform to the requirements set forth in must be detailed on a step-by-step basis. include: § 154.501. Where the natural gas company (i) A summary statement showing the (3) If the natural gas company is proposes to use a surcharge to clear an rate component added to each rate reflecting changes in its fuel account in which the difference schedule with workpapers showing all reimbursement percentage, the filing between costs or revenues, recovered mathematical calculations. must include: through rates, and actual costs and (ii) If the filing establishes a new fuel (i) A summary statement of actual gas revenues accumulate, a statement must reimbursement percentage or surcharge, inflows and outflows for each month be included detailing, on a step-by-step include computations for each fuel used to calculate the fuel basis, the mechanism for calculating the reimbursement or surcharge calculated, reimbursement percentage or surcharge. entries to the account and for passing broken out by service, classification, For purposes of establishing the through the account balance. area, zone, or other subcategory. surcharge, the summary statement must (7) Where carrying charges are (iii) Workpapers showing the be included for each month of the computed, the calculations must be allocation of costs or revenue credits by period over which the differences consistent with the methodology and rate schedule and step-by-step defined in paragraph (c) of this section reporting requirements set forth in computations supporting the allocation, accumulate. § 154.501 using the carrying charge rate segregated into reservation and usage (ii) Where the fuel reimbursement required by that section. A natural gas amounts, where appropriate. percentage is calculated based on company must normalize all income tax (iv) Where the costs, revenues, rates, estimated activity over a future period, timing differences which are the result quantities, indices, load factors, the period must be defined and the of differences between the period in percentages, or other numbers used in estimates used in the calculation must which expense or revenue enters into the calculations are publicly available, be justified. If any of the estimates are the determination of taxable income and include references by source. the period in which the expense or publicly available, include a reference (v) Where a rate or quantity to the source. revenue enters into the determination of underlying the costs or revenue credits pre-tax book income. Any balance upon (4) The natural gas company must not is supported by publicly available data recover costs and is not obligated to which the natural gas company (such as another natural gas company’s calculates carrying charges must be return revenues which are applicable to tariff or EBB), the source must be the period pre-dating the effectiveness adjusted for any recorded deferred referenced to allow the Commission and income taxes. of the tariff language setting forth the interested parties to review the source. (8) Where the natural gas company periodic rate change mechanism, unless If the rate or quantity does not match discounts the rate component calculated permitted or required to do so by the pursuant to this section, explain on a the rate or quantity from the source Commission. step-by-step basis how the natural gas referenced, provide step-by-step company will adjust for rate discounts instructions to tie the rate in the Subpart FÐRefunds and Reports referenced source to the rate in the in its methodology to reflect changes in § 154.501 Refunds. costs under this section. filing. (9) If the costs passed through under (vi) Where a number is derived from (a) Refund obligation. (1) Any natural a mechanism approved under this another number by applying a load gas company that collects rates or section are billed by an upstream factor, percentage, or other adjusting charges pursuant to this chapter must natural gas company, explain how factor not referenced in paragraph refund that portion of any increased refunds received from upstream natural (d)(1)(i) of this section, include rates or charges either found by the gas companies will be passed through to workpapers and a narrative to explain Commission not to be justified, or the natural gas company’s customers, the calculation of the adjusting factor. approved for refund by the Commission including the allocation and (2) If the natural gas company is as part of a settlement, together with classification of such refunds; adjusting its rates to reflect changes in interest as required in paragraph (d) of (10) A step-by-step explanation of the transportation and compression costs this section. The refund plus interest methodology used to reflect changes in paid to others: must be distributed as specified in the the fuel reimbursement percentage, (i) The changes in transportation and Commission order requiring or including the allocation and compression costs must be based on the approving the refund, or if no date is classification of the fuel use and rate on file with the Commission. If the specified, within 60 days of the order. unaccounted-for natural gas. Where the rate is not on file with the Commission However, the pipeline is not required to adjustment modifies a fuel or a discounted rate is paid, the rate make any refund until it has collected reimbursement percentage established reflected in the filing must be the rate the refundable money through its rates. under subpart D of this part, the the natural gas company is contractually (2) Any natural gas company must methodology must be consistent with obligated to pay; refund to its jurisdictional customers the methodology used in the proceeding (ii) The filing must include the jurisdictional portion of any refund under subpart D of this part; appropriate credits for capacity released it receives which is required by prior (11) A statement of whether the under § 284.243 of this chapter with Commission order to be flowed through difference between quantities actually workpapers showing the quantity to its jurisdictional customers or used or lost and the quantities retained released, the revenues received from the represents the refund of an amount from the customers for fuel use and loss release, the time period of the release, previously included in a filing under will be recovered or returned in a future and the natural gas pipeline on which § 154.403 and charged and collected surcharge. Include a step-by-step the release took place; and, from jurisdictional customers within explanation of the methodology used to (iii) The filing must include a thirty days of receipt or other time calculate such surcharge. Any period statement of the refunds received from period established by the Commission during which these differences each upstream natural gas company or as established in the pipeline’s tariff. accumulate must be defined. which are included in the rate (b) Costs of Refunding. Any natural (d) Filing requirements. adjustment. The statement must gas company required to make refunds 53012 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations pursuant to this section must bear all not directly tie to the source, a report on a periodic basis, details about costs of such refunding. workpaper must be included to show the nature and contents of the report (c) Supplier Refunds. The the reconciliation between the rate, must be provided in an appropriate jurisdictional portion of supplier quantity, cost, or refund in the natural section of the general terms and refunds (including interest received), gas company’s report and the conditions of its tariff. applicable to periods in which a corresponding rate, quantity, cost or (b) The details in the general terms purchased gas adjustment clause was in refund in the source document; and conditions of the tariff must include effect, must be flowed through to the (4) Workpapers showing the the frequency and timing of the report. natural gas company’s jurisdictional gas calculation of interest on a monthly Explain whether the report is filed sales customers during that period with basis, including how the carrying annually, semi-annually, monthly, or is interest as computed in paragraph (d) of charges were compounded quarterly; triggered by an event. If triggered by an this section. (5) Workpapers and a narrative event, explain how soon after the event (d) Interest on Refunds. Interest on the explaining how the refund was the report must be filed. If the report is refund balance must be computed from allocated to each jurisdictional periodic, state the dates on which the the date of collection from the customer customer. Where the numbers used to report must be filed. until the date refunds are made as support the allocation are publicly (c) Each report must include: follows: available, a reference to the source must (1) A letter of transmittal containing: (1) At an average prime rate for each be included. Where the allocation (i) A list of the material enclosed; calendar quarter on all excessive rates or methodology has been approved (ii) The name and telephone number charges held (including all interest previously, a reference to the order or of a company official who can answer applicable to such rates and charges) on tariff provision approving the allocation questions regarding the filing; (iii) A reference to the authority by or after October 1, 1979. The applicable methodology must be included. which the report is made, including the average prime rate for each calendar (6) A letter of transmittal containing: quarter must be the arithmetic mean, to (i) A list of the material enclosed; specific subpart of these regulations, an the nearest one-hundredth of one (ii) The name and telephone number order of the Commission, a provision of percent, of the prime rate values of a company official who can answer the company’s tariff, or any other published in the Federal Reserve questions regarding the filing; appropriate authority. If a Commission Bulletin, or in the Federal Reserve’s (iii) A statement of the date the refund order is referenced, include the citation ‘‘Selected Interest Rates’’ (Statistical was disbursed; to the FERC Reports, the date of Release G, 13), for the fourth, third, and (iv) A reference to the authority by issuance, and the docket number; (iv) Any requests for waiver. Requests second months preceding the first which the refund is made, including the must include a reference to the specific month of the calendar quarter. specific subpart of these regulations, an (2) The interest required to be paid order of the Commission, a provision of section of the statute, regulations, or the under paragraph (d)(1) of this section the company’s tariff, or any other company’s tariff from which waiver is must be compounded quarterly. appropriate authority. If a Commission sought, and a justification for the (3) The refund balance must be either: order is referenced, include the citation waiver. (i) The revenues resulting from the to the FERC Reports, the date of (2) A certification of service to all collection of the portion of any issuance, and the docket number; affected customers and interested state increased rates or charges found by the (v) Any requests for waiver. Requests commissions. (d) Each report filed under paragraph Commission not to be justified; or must include a reference to the specific (b) of this section must be posted no (ii) An amount agreed upon in a section of the statute, regulations, or the later than the date of filing. settlement approved by the company’s tariff from which waiver is Commission; or sought, and a justification for the Subpart GÐOther Tariff Changes (iii) The jurisdictional portion of a waiver. refund the natural gas company (7) A certification of service to all § 154.600 Compliance with other subparts. receives. affected customers and interested state Any proposal to implement a tariff (e) Unless otherwise provided by the commissions. change other than in rate level must order, settlement or tariff provision (f) Each report filed under paragraph comply with subparts A, B, and C of this requiring the refund, the natural gas (e) of this section must be posted no part. company must file a report of refunds, later than the date of filing. Each report within 30 days of the date the refund must be posted to all recipients of a § 154.601 Change in executed service was made, which complies with share of the refund and all state agreement. § 154.502 and includes the following: commissions whose jurisdiction Agreements intended to effect a (1) Workpapers and a narrative includes the location of any recipient of change or revision of an executed sufficient to show how the refunds for a refund share that have made a service agreement on file with the jurisdictional services were calculated; standing request for such full report. Commission must be in the form of a (2) Workpapers and a narrative (g) Recipients of refunds and state superseding executed service agreement sufficient to determine the origin of the commissions that have not made a only. Service agreements may not refund, including step-by-step standing request for such full report contain any supplements, but may calculations showing the derivation of shall receive an abbreviated report contain exhibits which may be the refund amount described in consisting of the items listed in separately superseded. The exhibits may paragraph (d)(3) of this section, if § 154.501 (e)(5) and (e)(6). show, among other things, contract necessary; demand delivery points, delivery (3) References to any publicly § 154.502 Reports. pressures, names of industrial available sources which confirm the (a) When the natural gas company is customers of the distributor-customer, rates, quantities, or costs, which are required, either by a Commission order or names of distributors (with one used to calculate the refund balance or or as a part of a settlement in a distributor named as agent where which confirm the refund amount itself. proceeding initiated under this part 154 delivery to several distributors is If the rate, quantity, cost or refund does or part 284 of this chapter, to make a effected at the same delivery points). Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53013
§ 154.602 Cancellation or termination of a § 250.4 of this chapter. Within 90 days APPENDIX AÐContinued tariff, executed service agreement or part after such notice is filed, the succeeding thereof. company must file a revised tariff with Prior regulation Revised regula- When an effective tariff, contract, or the sheets bearing the name of the tion part thereof on file with the successor company. Commission, is proposed to be canceled § 154.38(d)(5) ...... § 154.401. Note: These appendices will not be § 154.38(d)(6) ...... § 154.402. or is to terminate by its own terms and published in the Code of Federal Regulations. § 154.38(e) ...... Deleted. no new tariff, executed service § 154.38 ...... § 154.108. agreement, or part thereof, is to be filed APPENDIX A § 154.39 ...... § 154.109. in its place, the natural gas company § 154.40 ...... § 154.110. must notify the Commission of the § 154.41 ...... § 154.111. Prior regulation Revised regula- proposed cancellation or termination on tion § 154.42 ...... Removed. the form indicated in § 250.2 or § 250.3 § 154.51 ...... § 154.207. of this chapter, whichever is applicable, § 154.1 ...... § 154.1, § 154.52 ...... § 154.112. § 154.4. § 154.61 ...... Removed. at least 30 days prior to the proposed § 154.11 ...... § 154.2(e). effective date of such cancellation or § 154.62 ...... § 154.202. § 154.12 ...... § 154.2(a). § 154.63(b)(1) ...... § 154.7. termination. With such notice, the § 154.13 ...... § 154.2(c). § 154.63(b)(1)(v) ...... § 154.201(a). company must submit a statement § 154.14 ...... § 154.2(b). § 154.63(c)(1) ...... § 154.302. showing the reasons for the cancellation § 154.15 ...... § 154.2(f). § 154.63(c)(2) ...... § 154.302. or termination, a list of the affected § 154.16 ...... § 154.2(d). § 154.63(c)(3) ...... § 154.314. customers and the contract demand § 154.21 ...... § 154.3. § 154.63(d)(2) ...... § 154.601. provided to the customers under the § 154.22 ...... § 154.1(c), § 154.63(e)(1) ...... § 154.301(c). § 154.207. § 154.63(e)(2)(i) ...... § 154.303. service to be canceled. A copy of the § 154.23 ...... § 154.6. notice must be duly posted. § 154.63(e)(2)(ii) ...... § 154.303. § 154.24 ...... § 154.6. § 154.63(e)(3) ...... § 154.307. § 154.25 ...... § 154.8. § 154.603 Adoption of the tariff by a § 154.63(e)(4) ...... § 154.304, § 154.26 ...... § 154.4. successor. § 154.201(b)(3) § 154.27 ...... § 154.210. Whenever the tariff or contracts of a § 154.63(e)(5) ...... § 154.308. § 154.28 ...... § 154.209. § 154.63(f) ...... § 154.312. natural gas company on file with the § 154.31 ...... Removed. § 154.63a ...... § 154.305. Commission are to be adopted by § 154.32 ...... § 154.101. § 154.63b ...... § 154.306. another company or person as a result § 154.33 ...... § 154.102. § 154.64 ...... § 154.602. of an acquisition, or merger, authorized § 154.34 ...... § 154.103. § 154.65 ...... § 154.603. by a certificate of public convenience § 154.35 ...... § 154.104. § 154.66 ...... § 154.205. § 154.36 ...... § 154.105. § 154.67 ...... § 154.206. and necessity, or for any other reason, § 154.37 ...... § 154.106. the succeeding company must file with § 154.67(b) ...... Deleted. § 154.38(d)(1) ...... § 154.107. § 154.67(c) ...... § 154.501. the Commission, and post within 30 § 154.38(d)(2) ...... § 154.107. days after such succession, a certificate § 154.38(d)(3) ...... § 154.3. New sections of part 154: 203, 204, 208, of adoption on the form prescribed in § 154.38(d)(4) ...... § 154.501. 301, 309, 310, 311, 313, 314, 403, 502.
APPENDIX B Commenters to Docket No. RM95±3±000
American Forest and Paper Association ...... American Forest. American Gas Association ...... AGA. American Public Gas Association ...... APGA. ANR Pipeline/Colorado Interstate Gas Co ...... ANR/CIG. Application Solutions & Technologies Inc ...... ASTI. Arizona Direct Customers (Arizona Public Service Co./Phelps Dodge Corp./Salt River Agric. Improvement Arizona Directs. and Power District). Associated Gas Distributors ...... AGD. Association of Texas Intrastate Natural Gas Pipelines ...... Texas Intrastates. Brooklyn Union Gas ...... Brooklyn Union. Cascade Natural Gas Corp/Northwest Natural Gas Corp/Washington Natural Gas Co./Washington Water Pacific Northwest Commenters. Power Co./Northwest Industrial Gas Users. Chevron, U.S.A ...... Chevron. CINergy Corp (Cincinnati Gas & Electric/The Union Light, Heat and Power Company/Lawrencebury Gas CINergy. Company). CNG Transmission Corp ...... CNG. Columbia Gas Distribution Companies ...... Columbia Distribution. Columbia Gas Transmission/Columbia Gulf Transmission ...... Columbia. Consumers Power Co./Michigan Gas Storage Co ...... Consumers Power. Electronic Bulletin Board Working Group ...... EBB Working Group. El Paso Natural Gas Co ...... El Paso. Enogex Inc ...... Enogex. Enron Interstate Pipelines (Northern Natural Gas Co./Transwestern Pipeline Co./Florida Gas Trans. Co./ Enron. Black Marlin Pipeline Co.). Equitable Gas Storage ...... Equitable. Foothills Pipe Lines, Ltd./Alaskan Northwest Natural Gas Transportation Company ...... Foothills. Freeport Interstate Pipeline Co ...... Freeport. Gaslantic Corp ...... Gaslantic. Great Lakes Gas Transmission Limited Partnership ...... Great Lakes. Independent Petroleum Association of America ...... IPAA. 53014 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
APPENDIX BÐContinued Commenters to Docket No. RM95±3±000
Interstate Natural Gas Association of America ...... INGAA. JMC Power Projects ...... JMC. KN Interstate Gas Transmission ...... KNI. KN Energy ...... KN. Kern River Gas Transmission Company ...... Kern River. LDC Caucus ...... LDC Caucus. Michigan Public Service Commission/State of Michigan ...... Michigan. MidCon Corp., Natural Gas Pipeline Corp, MidCon Gas Services Corp ...... MidCon. Mississippi River Transmission Co ...... MRT. NorAM Gas Transmission Co ...... NGT. Missouri Public Service Commission ...... MoPSC. National Fuel Gas Supply Corp ...... National Fuel. National Registry of Capacity Rights ...... Registry. Natural Gas Supply Association ...... NGSA. Northern Border Pipeline Company ...... Northern Border. Northern Distributor Group ...... NDG. Northwest Pipeline Corp/Williams Natural Gas Co ...... Williams. Panhandle Eastern Pipeline/Trunkline Gas Company/Texas Eastern Transmission/Algonquin Gas Trans- Panhandle. mission. Pacific Gas and Electric Company ...... PG&E. Process Gas Consumers Group/American Iron & Steel Inst. Georgia Industrial Group ...... Industrials. Producer-Marketer Transportation Group ...... PMTG. Public Service Commission of Nevada ...... Nevada. Public Service Commission of the State of New York ...... New York. Southern California Gas Company ...... SoCal. Tennessee Gas Pipeline/Midwestern Gas Transmission/East Tennessee Natural Gas ...... Tennessee. Texas Gas Transmission Corp ...... Texas Gas. TransCanada PipeLines Ltd ...... TransCanada. Transcontinental Gas Pipeline Corp ...... Transco. Transok, Inc...... Transok. United Distribution Companies ...... UDC. United States Department of Energy ...... USDOE. M.H. Whittier Corp ...... Whittier. Williston Basin Interstate Pipeline Company ...... Williston. Williams Natural Gas Co ...... Williams.
Appendix C—Tariff Filing Formats restatement of base rates after October 31, intent of this change was to reduce the 1989, has been removed. All companies who burden on those companies who must key in Explanation of Changes have not yet restated their paper tariffs the information required in these records for Background electronically must do so on or before 120 each sheet. • Exhibit A, Magnetic Tape Procedures is On June 8, 1989, we issued the ‘‘Notice of days after the date of issuance of a final rule removed since we no longer accept tariff availability of record formats and hard copy in Docket No. RM95–3–000; • sheets on magnetic tape. Diskette Filing filing formats for certificate and tariff filings’’ Electronic filings must be submitted on ′′ Procedures are moved from Exhibit B to in Docket No. RM87–17–000. On August 31, diskette, preferably a 3.5 High Density Exhibit A. 1989, we issued a revision entitled ‘‘Notice diskette. The Commission will no longer • Tariff Sheet Pagination Guidelines are of availability of print software and corrected accept tariff sheets filed on 9-track tape or 18- moved to Exhibit B from Exhibit C. Examples formats for rate, tariff, and certificate filings’’. track cartridge. This modification will not be demonstrating the tariff sheet pagination On February 28, 1990, we issued the ‘‘Notice burdensome since it is very rare for the guidelines are added to assist companies of Tariff Retrieval System Software Commission to receive tariff sheets now on applying the guidelines. Availability,’’ otherwise referred to as the anything but diskette; • • Certain editorial changes have been FASTR software package. Standard Form 277 is no longer required made for clarity. The following document includes updated (Transmittal Form for Describing Computer electronic tariff filing formats as well as the Magnetic Tape File Properties) since we are Natural Gas Pipeline Company Tariff Filings revised tariff pagination guidelines that was requiring all tariff sheets to be filed on mailed to most gas pipeline companies on diskette; Revised • May 13, 1992, modified only for readability. The Company Header Record (TF01) and Docket No. RM The revised formats take into consideration Tariff Volume Header Record (TF02) should This Document Replaces the Tariff Filing improvements in the FASTR software which be included only once per filing, dataset, and Record Formats Issued August 31, 1989 reads the tariff ASCII files submitted by the tariff volume. • companies to the Commission. Companies The Superseded Sheet Header Record, General Information are strongly encouraged to use the FASTR (TF04) can be omitted with ‘‘Original’’ software to (1) maintain their own tariff sheets. The Issuing Officer Header Record, I. Purpose database, (2) generate the paper copies of the (TF05) and The Date and Docket Header All companies which maintain a gas tariff tariff sheets submitted with filings, and (3) Record, (TF06) are required only with the with the Federal Energy Regulatory pre-check the electronic tariff filings for first sheet, unless this information changes Commission (FERC) are required to submit, errors prior to submittal. on a subsequent sheet in the dataset. along with the paper copies, an electronic Previously this information was required for version of all tariff filings pursuant to section Summary of Changes every sheet. Companies may still report these 385.2011 of the Commission’s regulations. • References to the requirement that all records with every sheet if complying with Companies are required to have an electronic companies must restate their tariffs this new requirement necessitates a change to version of their entire gas tariff (excluding electronically with the filing of a rate case or the company’s data-entry software. The Volume No. 2 contractual rate schedules) on Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53015 file with FERC on or before 120 days after the The letter of transmittal and the captures information about the tariff volume; issuance of a final rule in Docket No. RM95– certification of service will be submitted on and Records TF03, TF04, TF05, and TF06 3–000. This form does not modify the paper only. The letter of transmittal must contain requisite marginal information for an existing tariff sheet format required in section include the subscription provided in section individual tariff sheet. The actual tariff sheet 154.102 or section 385.2003 for tariff sheets 385.2005(a). The subscription provided must text will follow Record TF06. filed on paper. Nor does it modify the state, in addition to the requirement in Each tariff sheet should be identified by requirement in section 154.201(a) to file a section 385.2005(a), that the paper copies the nature of the sheet, and assigned the marked paper version of the pages to be contain the same information as the appropriate ‘‘Text ID’’ from among those changed by showing additions and deletions diskette(s) and that the signer has read and listed in the layout for Record TF03. For using highlighting, background shading, bold knows the contents of the paper copies and example, a tariff sheet which includes the text, or underlined text. that the contents as stated in the paper copies table of contents must be assigned Text ID = are true to the best knowledge and belief of II. Who Must File ‘‘1’’. The text of a tariff sheet should include the signer. any footnotes applicable to the individual All companies who are required to Respondents claiming that information is tariff sheet. When filing the tariff sheet on maintain a FERC Gas Tariff on file with the privileged must file in accordance with paper, footnotes should appear inside the FERC. section 385.1112; otherwise, all data ruled borders required by section 154.101. submitted will be considered non-privileged III. What To Submit All of the marginal information required and will be made available to the public under 18 CFR 154.102(d) is to be included All proposed revisions to the FERC Gas upon request. Tariff will be submitted in conformance with only in the tariff sheet header records. These this form. Such proposed revisions include, IV. When To Submit header records will be utilized to print a hard but are not limited to, rate changes pursuant The tariff sheets should be filed with the copy with the appropriate marginal to a Section 4 filing or changes in service Commission at the time the company information. pursuant to a certificate issued as a result of proposes a change in service or rate. The If a tariff sheet is filed to be read vertically a section 7 proceeding. Upon request of the notice period should be consistent with the in hard copy, this is referred to hereinafter Secretary of the FERC, companies must Commission’s regulations. as ‘‘Portrait’’ orientation. If the sheet will be submit such additional supporting and read horizontally, the orientation is referred clarifying data and information as may be V. Where To Submit to as ‘‘Landscape’’. The requirements of specified. (1) Submit this report to: Office of the section 154.102(d) imply that the length of a All data will be submitted on diskette(s), Secretary, Federal Energy Regulatory line of actual text is 6.75 inches in Portrait preferably 3.5′′ High Density diskettes, and Commission, Room 3110, 825 N. Capitol orientation, and 10.0 inches in Landscape. must conform to the specific instructions Street, NE., Washington, DC 20426. The pitch, the number of print characters per provided in Exhibit A. The diskette(s) must (2) Hand deliveries may be made to the horizontal inch (cpi); the number of lines per be accompanied by paper copies of the same address. vertical inch (lpi); and the page orientation information submitted on the diskette. The for printing the tariff sheet must be given in paper copies must conform in all respects to General Instructions the first Tariff Sheet Header Record, (Record the requirements of sections 154 and 157 and (1) Schedule TF. Records TF01 through TF03). The number of characters per will consist of the required number of copies TF06 and the text line records are intended horizontal inch (cpi) must not exceed 17. The of the transmittal letter, the tariff sheets, the to capture all of the tariff elements which the acceptable lines per vertical inch are 6 or 8. certification of service, and a form of notice pipeline has historically filed as part of its The maximum line length and lines per page suitable for publication in the Federal FERC Gas Tariff. Record TF01 identifies the for Portrait and Landscape orientation are as Register. company and the filing date. Record TF02 follows:
Maximum line length (characters) Maximum lines per page Page orientation 10cpi 12cpi 15cpi 17cpi 6lpi 8lpi
Vertical (Portrait) ...... 65 79 98 112 50 70 Horizontal (Landscape) ...... 98 118 148 168 31 44
(2) Record Types. Records must be filed in sheets that reference more than one issuing (B) Do not include commas in reporting the following order: officer or the tariff sheets are submitted in any numeric value. Company Header Record (TF01): One more than one dataset. Optionally, this (C) Report all dates as six digit numerics record per dataset. record may precede every tariff sheet filed. (month, day, year, MMDDYY). Volume Header Record (TF02): One record Date and Docket Header Record (TF06): (4) Pipeline Company ID. Use the code for per volume. All pages for the same volume One record per filing, unless the effective the pipeline as contained in the Buyer Seller will be grouped together. If more than one date or other information in this record Code List, U.S. Department of Energy’s dataset is required for the filing of a volume, changes from sheet to sheet or the tariff publication DOE/EIA–0176. A code may be this record must appear in each dataset. Note: sheets are submitted in more than one obtained by calling EIA at (202) 586–8841. When more than one dataset is needed to dataset. Optionally, this record may precede (5) Record Lengths. Do not pad the end of accommodate a filing, name the datasets in data records with blanks. accordance with the instructions in Exhibit every tariff sheet filed. A. Text Line Records: The actual tariff sheet Specific Instructions text. Note: any special codes placed in the Note: The appropriate tariff sheet header (1) Effective Date. The date, given as text (such as bold, italic, underline, etc.) are records must precede each tariff sheet! month, day, and year, on which the Sheet Header Record (TF03): One record removed when converting to ASCII format. respondent expects the filing to be put into per sheet. (3) Numeric Fields. All numeric fields in effect subject to the concurrence of the FERC. Superseded Sheet Header Record (TF04): Records TF01 through TF06 must not be left (2) Tariff Volume Number. The number of This record pertains to the superseded sheet blank, and must be right justified unless the volume to which the tariff sheets belong. information. One record per sheet unless indicated otherwise. The following For example, if the volume is labeled ‘‘First there is no superseded sheet (e.g., Original conventions should be followed in preparing Revised Volume No. 1’’, report a ‘‘1’’ in this and Substitute Original sheets). In that case, each header record in the filing: field. this record may be omitted. (A) If a numeric data item is not applicable (3) Tariff Volume Revision Number. Report Issuing Officer Header Record (TF05): One to the respondent, enter the numeric value the number of the revision. For example, if record per filing, unless the filing contains ‘‘0’’ in the field provided for this data item. the tariff volume is labelled ‘‘Second Revised 53016 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Volume No. 1’’, report a ‘‘2’’ in this field. If character positions for this item, use the (11) Alternate Sheet ID. When filing the tariff volume is an original volume, report ‘‘Abbreviation Conventions List’’ at Exhibit primary and alternative tariff sheets, the a zero in this field. C. sheets are uniquely identified by reporting (4) Tariff Volume ID. Report the full tariff (8) Superseded Sheet ID. Report the full ‘‘00’’ in this field for the primary sheet, ‘‘01’’ volume name in this field. For example, if designation for the tariff sheet being for the first alternate, ‘‘02’’ for the second the volume is labelled ‘‘First Revised Volume superseded. For example, if the tariff sheet alternate, and so on. No. 1’’, report ‘‘First Revised Volume No. 1’’ being filed is designated ‘‘First Revised Sheet in this field. (12) Issuing Officer. Report the name and No. 3 superseding Original Sheet No. 3’’, title of the person authorized to issue the (5) Sheet Number. Report the number of report ‘‘Original Sheet No. 3’’ in this field. If the tariff sheet being filed. For example, if the tariff sheet. the Superseded Sheet ID exceeds the allowed (13) Issue Date. The date given as month, sheet is numbered ‘‘First Revised Sheet No. 40 character positions for this item, use the 3 superseding Original Sheet No. 3’’, report day, and year when the tariff sheet is issued. ‘‘Abbreviation Conventions List’’ at Exhibit a ‘‘3’’ in this field. (14) Order Reference. For tariff sheets C. (6) Sheet Revision Number. Report the which are filed to make rate schedules or (9) First Superseded Sheet Number. When number of the revision. For example, if the provisions ordered by the Commission tariff sheet is numbered ‘‘Second Substitute a single sheet supersedes a range of sheets (such as canceling a rate schedule or effective, report the Docket Number and the Third Revised Sheet No. 4 superseding date of such order. (If more than one docket Second Revised Sheet No. 4’’, report a ‘‘3’’ in reserving sheets for future use), report the applies, report the lead docket relating to the this field. If this is an original tariff sheet, number of the first sheet in the range. report a ‘‘0’’ in this field. Otherwise this field may be left blank. filing company in the proceeding.) (7) Sheet ID. Report the full designation for (10) Last Superseded Sheet Number. When (15) FERC Cite. Enter the numbers of the the tariff sheet being reported. For example, a single sheet supersedes a range of sheets cite to the FERC Reports in this field as if the sheet is designated ‘‘First Revised Sheet (such as canceling a rate schedule or follows: For a citation which appears as 12 No. 3 superseding Original Sheet No. 3’’, reserving sheets for future use), report the FERC ¶ 34,567, enter all of the numbers but report ‘‘First Revised Sheet No. 3’’ in this number of the last sheet in the range. none of the letters, symbols, or commas. It field. If the Sheet ID exceeds the allowed 40 Otherwise this field may be left blank. will appear as 1234567.
ELECTRONIC TARIFF FILE LAYOUTÐSCHEDULE TF
Character Item position Data type Comments
(1) Company Header Record
Schedule ID ...... 1±2 Character ...... Sch = TF. Record ID ...... 3±4 Numeric ...... CodeÐ01. Company ID ...... 5±10 Numeric ...... Company code from buyer/seller code list, see gen- eral instruction 4. Date Submitted ...... 11±16 Numeric ...... Month, day and year report is filed (mmddyy). Company Name ...... 17±65 Character ...... Name of filing company.
(2) Volume Header Record
Schedule ID ...... 1±2 Character ...... Sch = TF. Record ID ...... 3±4 Numeric ...... Code = 02. Tariff Volume Number ...... 5±8 Character ...... See specific instruction 2. Tariff Volume Revision Number ...... 9±11 Numeric ...... See specific instruction 3. Tariff Volume ID ...... 12±51 Character ...... See specific instruction 4.
(3) Sheet Header Record
Schedule ID ...... 1±2 Character ...... Sch = TF. Record ID ...... 3±4 Numeric ...... Code = 03. Sheet Number ...... 5±12 Character ...... See specific instruction 5. Sheet Revision Number ...... 13±15 Numeric ...... See specific instruction 6. Alternate Sheet ID ...... 16±17 Numeric ...... See specific instruction 11. Text ID ...... 18±19 Numeric ...... 0 = Title Page. 1 = Table of Contents. 2 = Preliminary Statement. 3 = Rate Sheets. 4 = Rate Schedule Text. 5 = General Terms and Conditions. 6 = Form of Service Agreements. 7 = Index of Customers. 8 = Other Indices. 9 = Other Tariff Sheets. 10 = Sheets Reserved for Future Use. Orientation ...... 20 Character ...... P = Portrait. L = Landscape. Pitch ...... 21±22 Numeric ...... Characters per Horizontal Inch = 10, 12, 15, or 17. Lines Per Inch ...... 23 Numeric ...... Lines per Vertical Inch = 6 or 8. Sheet ID ...... 24±63 Character ...... See specific instruction 7. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53017
ELECTRONIC TARIFF FILE LAYOUTÐSCHEDULE TFÐContinued
Character Item position Data type Comments
(4) Superseded Sheet Header Record
Schedule ID ...... 1±2 Character ...... Sch = TF. Record ID ...... 3±4 Numeric ...... Code = 04. First Superseded Sheet Number ...... 5±12 Character ...... See specific instruction 9. Last Superseded Sheet Number ...... 13±20 Character ...... See specific instruction 10. Superseded Sheet ID ...... 21±60 Character ...... See specific instruction 8.
(5) Issuing Officer Header Record
Schedule ID ...... 1±2 Character ...... Sch = TF. Record ID ...... 3±4 Numeric ...... Code = 05. Issued By ...... 5±58 Character ...... Name and title of issuing official; see specific instruc- tion 12.
(6) Date and Docket Header Record
Schedule ID ...... 1±2 Character ...... Sch = TF. Record ID ...... 3±4 Numeric ...... Code = 06. Date Issued ...... 5±10 Numeric ...... (mmddyy); see specific instruction 13. Order Date ...... 11±16 Numeric ...... (mmddyy); see specific instruction 14. Docket Number ...... 17±36 Character ...... See specific instruction 14. Effective Date ...... 37±42 Numeric ...... (mmddyy); see specific instruction 1.
(7) FERC Cite
Schedule ID ...... 1±2 Character ...... Sch = TF. Record ID ...... 3±4 Numeric ...... Code = 07. FERC Cite ...... 43±49 Numeric ...... See specific instruction 15.
(8) Sheet Text Line Records
Each entire record consists of the text of the corresponding line of the tariff sheet, without prefix of any kind.
Exhibit A—Diskette Filing Procedures the two digit month, day, and year the tariff N, 2 of N, etc., where N is the total number Diskette(s) containing the information filing is submitted. If more than one tariff of diskettes. filing is made on the same day, the specified for each record ID of the tariff filing Exhibit B—Tariff Sheet Pagination filed with the FERC must conform with the subsequent filings should be given file names Guidelines following requirements: ‘‘TFMMDDYY.BSC’’, ‘‘TFMMDDYY.CSC’’, (1) The character code for representing all etc., where ‘‘BSC’’ indicates the second filing Section 154.102(d)(2) of the Commission’s data should be the American National of the day, ‘‘CSC’’ the third filing, etc. The regulations requires companies to number Standard Code for Information Interchange file name for each submission should be their tariff sheets as provided below. (ASCII) as defined in FIPS PUB 1–2. An included in the transmittal letter (1) Original Sheets. Paginate a sheet as ‘‘Original Sheet No. llll’’ when the exception will be made for the cents (¢) accompanying the respondent’s filing. sheet number has not been used previously symbol, which should be coded as (4) Each logical record must be terminated in the tariff volume. When filing an entire hexadecimal 8B, or decimal 155, as defined by a CR (ASCII carriage return—13 decimal, original or revised tariff volume, all sheets in the IBM–US (PC–8) symbol set. Note that OD hexadecimal). An ASCII line feed (LF) there are symbol sets which define it should be paginated as ‘‘Original Sheet No. following a CR is accepted but not required llll differently. ’’ unless the sheet falls within the as part of termination. Do Not pad the end exception under Guideline (11). (2) The definitions, instructions, and of data records with spaces. schedule ID/record ID data layouts for this (2) Revised Sheets. Designate a sheet as (5) Do not omit any numeric item. Numeric ‘‘Revised’’ if it is (a) filed in a different form specify explicitly the data items to be items do not require leading zeros unless reported and the sequence for recording the proceeding than the sheet it is superseding or specifically noted in the description of the information on the diskette(s). The (b) filed in the same proceeding but given a data item. See the General Instructions of this information required for a tariff filing should new proposed effective date. Each be recorded on the diskette(s) exactly as form for detailed instructions for recording subsequent ‘‘Revised’’ pagination should be specified in the data layout for each numeric data on the diskette(s). numbered sequentially. (See Examples 1 and schedule/record and in accordance with the (6) When refiling a diskette only to correct 2.) general instructions. an electronic data error on the electronic (3) Substitute Sheets. Designate a sheet as (3) All tariff sheets filed under a given version of a tariff sheet and not in the paper ‘‘Substitute llll Revised Sheet No. docket number should all be included in the version, use the same file name, pagination llll’’ if it is filed to replace a sheet filed same ‘‘file’’ or data set, if possible. (Large and submittal date. in the same proceeding with the same files may be split as a matter of convenience (7) Each diskette must state on the label effective date. If a substitute sheet needs to or diskette size limitation). The file should be that tariff sheets are enclosed. If more than be replaced, paginate the new sheet as named: ‘‘TFMMDDYY.ASC’’ where ‘‘TF’’ one diskette is necessary to accommodate a ‘‘Second Substitute,’’ and so on. (See stands for ‘‘Tariff Filing’’, and ‘‘MMDDYY’’ is filing, the diskettes should be numbered 1 of Example 1.) 53018 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
(4) Superseded Sheets. Designate as the add a lowercase letter (e.g., between sheets same docket. In this way, the ‘‘superseded’’ superseded sheet the most recent sheet filed 8A.01 and 8A.02 would be 8A.01a, 8A.01b, designation will reflect the last sheet in effect in a different proceeding effective or etc.). on each given effective date. (See Examples proposed to be effective on the same day or (8) Pre-dated Sheets. When a sheet is filed 5 and 6.) on a day prior to the new sheet. This means with a proposed effective date which pre- (10) Canceled Sheets. When filing to cancel when filing a substitute sheet the designated dates the effective date of a suspended or a rate schedule, file one sheet with a new superseded sheet stays the same. Provided effective sheet with the same number filed in revision number and the sheet number of the that the sheet does not fall under the a different proceeding, designate the new llll llll first canceled sheet. Designate as superseded exception in guideline (9). Never designate a sheet ‘‘ Rev Revised Sheet llll llll rejected or suspended sheet as the No. llll’’ where the second and third ‘‘Sheet Nos. - ’’ where the superseded sheet. However, if a sheet blanks are numbered the same as the sheet blanks refer to the first and last canceled designated as superseded is subsequently with the later effective date and the first sheet numbers in a series. The specific rejected, it is not necessary to refile solely to blank contains ‘‘1st,’’ ‘‘2nd,’’ etc. Commonly, pagination of each individual canceled sheet correct the superseded sheet designation. this situation occurs when a sheet is should be included in the body of the tariff (See Example 1.) suspended for five months and subsequent sheet. When using the formerly canceled (5) Rejected Sheets. If a sheet is rejected by sheets need to be made effective prior to the sheet numbers, refer to the pagination of the order of the Commission, do not reuse the date the suspended sheet becomes effective. sheets listed in the body of the canceling pagination of the rejected sheets. Designate a (See Example 3.) Note: When using the ‘‘1st sheet, and paginate each sheet with the next sheet ‘‘Substitute’’ if it is filed to replace a Rev’’ pagination, drop extraneous words if higher revision number. See Example 8. rejected sheet in the same proceeding, but do the superseded sheet provides the same (11) Sheets Reserved For Future Use. When not designate a rejected sheet as the information. (See Example 4.) reserving a number of sheets for future use, superseded sheet. Refer to Guidelines (3) and (9) Retroactive Sheets. When filing a file one sheet paginated ‘‘Sheet Nos. (4). retroactive change back to a certain date, all llll-llll’’, where the blanks refer to (6) Alternate Sheets. When filing two sheets which are or were in effect from that the first and last reserved sheet numbers in versions of a proposed tariff sheet, designate date forward need to be changed. The first series. In the body of the sheet state the sheets ‘‘ llll Revised Sheet No. sheet should be designated either as ‘‘Reserved for Future Use.’’ (See Example 9.) llll’’ and ‘‘Alternate llll Revised ‘‘Substitute’’ in accordance with Guideline Note: in the electronic tariff sheet records, Sheet No. llll.’’ Paginate a replacement (3) above or ‘‘llll Rev’’ in accordance alternate sheet ‘‘Sub Alternate.’’ with Guideline (8), depending on whether report the first sheet number in the series in (7) Inserted Sheets. Designate sheets the retroactive filing is in the same docket as the ‘‘Sheet No.’’ field and the full pagination inserted between two consecutively or a different docket from the sheet being in the ‘‘Sheet ID’’ field. numbered sheets using an uppercase letter replaced. The rest of the sheets should be (12) Abbreviations. Pagination cannot following the first sheet number (e.g., sheets designated as a ‘‘Substitute’’ of each sheet exceed 40 characters. Abbreviate from left to inserted between sheets 8 and 9 would be already on file. For the first new sheet in the right using the Abbreviation Conventions List 8A, 8B, etc.). For sheets inserted between two series of sheets, the superseded sheet shall be in Exhibit C. Abbreviate only as needed to consecutively lettered sheets, add a ‘‘.’’ designated in accordance with Guideline (4) reduce the pagination to 40 characters or less. followed by a two digit number (e.g., sheets above. However, the remainder of the sheets (See Example 7.) Electronic and paper inserted between sheets 8A and 8B would be in the series should supersede each other in versions of a tariff sheet must be paginated 8A.01 through 8A.99). For further insertions, order, even though they are all filed in the exactly alike, including abbreviations.
Example 1 ‘‘Original Sheet No. 4’’ is filed in Docket No. CP94–44–000 to be effective January 1, 1994. Subsequently, a sheet filed in Docket RP94–1–000 is to be effective February 1, 1994. Paginate that sheet ‘‘First Revised Sheet No. 4 superseding Original Sheet No. 4.’’ A mistake is discovered and a corrected sheet needs to be filed in Docket No. RP94–1–001. Paginate that sheet ‘‘Substitute First Revised Sheet No. 4 superseding Original Sheet No. 4.’’ Note the superseded sheet is from the prior proceeding.
Super- Docket Filed Effective Pagination seded sheet
CP94±44±000 ...... 11/30/93 1/1/94 Original ...... RP94±1±000 ...... 12/31/93 2/1/94 First Revised ...... Original. RP94±1±001 ...... 2/15/94 2/1/94 Sub First Revised ...... Original.
Example 2 ‘‘Second Revised Sheet No. 4’’ is filed in Docket No. TM94–1–77–000 to be effective April 1, 1994. Subsequently, a sheet is filed in Docket No. RS94–1–50–000 to be effective on the same date. Paginate that sheet with the next revision number, ‘‘Third Revised Sheet No. 4’’ even though it is to be effective on the same date.
Docket Filed Effective Pagination Superseded sheet
TM94±1±77±000 ...... 2/28/94 4/1/94 Second Revised ...... Sub First Revised. RS94±1±50±000 ...... 3/31/94 4/1/94 Third Revised ...... Second Revised.
Example No. 3 ‘‘Fourth Revised Sheet No. 4’’ is filed July 31, 1994, in Docket No. RP94–134–000 to be effective September 1, 1994. An order suspends this sheet until February 1, 1995. Subsequently two filings are to be made effective prior to February 1, 1995. Paginate these sheets as ‘‘1st Rev Third Revised Sheet No. 4’’ and ‘‘2nd Rev Third Revised Sheet No. 4.’’ When filing to move the suspended tariff sheet into effect, paginate the revised tariff sheet as ‘‘Sub Fourth Revised Sheet No. 4’’. Note: using the alpha-numeric ‘‘1st, 2nd’’ for the additional revision number assists in keeping the pagination clear. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53019
Superseded Docket Filed Effective Pagination sheet
RP94±134±000 ...... 7/31/94 2/1/95 Fourth Revised ...... Third Revised. TM94±2±77±000 ...... 8/31/94 10/1/94 1st Rev Third Revised ...... Third Revised. TM94±3±77±000 ...... 10/31/94 11/1/94 2nd Rev Third ...... 1st Rev Third. RP94±134±001 ...... 1/31/95 2/1/95 Sub Fourth Revised ...... 2nd Rev Third.
Example 4 When needing to insert a sheet between ‘‘Third Revised’’ and ‘‘Sub Alt Second Revised’’ with the designation 1st Rev Sub Alt Second Revised, paginate the new sheet ‘‘1st Rev Second Revised’’ (dropping ‘‘Sub Alt’’ from the name), and designate the superseded sheet ‘‘Sub Alt Second Revised.’’ In the alternative, the abbreviations in Exhibit C may be used. Example No. 5 The sheet given in Example No. 1, ‘‘Sub First Revised Sheet No. 4’’ filed in Docket No. RP94–1–001 is in effect February 1, 1994, subject to the resolution of issues. A year later, settlement is reached resulting in a restatement of base rates back to that date. The revised sheets filed under Docket No. RP94–1–002 (using prior examples):
Superseded Docket Filed Effective Pagination sheet
RP94±1±002 ...... 4/15/95 2/1/94 2nd Sub First Revised ...... Original. 4/1/94 Sub Second Revised ...... 2nd Sub First 4/1/94 Sub Third Revised ...... Sub Second 10/1/94 Sub 1st Rev Third Revised ...... Sub Third. 11/1/94 Sub 2nd Rev Third ...... 1st Rev Third. 2/1/95 2nd Sub Fourth Revised ...... 2nd Rev Third.
Example No. 6 Continuing from Example 5, a subsequent tracker filing retroactive to November 1, 1994:
Docket Filed Effective Pagination Superseded sheet
TM96±1±77±000 ...... 4/30/95 11/1/94 3rd Rev Third Revised ...... Sub 2nd Rev Third 2/1/95 3rd Sub Fourth Revised ...... 3rd Rev Third.
Example No. 7 Example No. 9 DEPARTMENT OF ENERGY Abbreviate ‘‘Fourth Revised Twenty- Your general terms and conditions Federal Energy Regulatory Third Revised Sheet No. 4’’ as ‘‘4th Rev end on page 75 and you want to reserve Commission Twenty-Third Revised Sheet No. 4.’’ sheets 76 through 99 for future use: 18 CFR Parts 2, 157, 158, 201, 250, 260, My Pipeline Company, FERC Gas Example No. 8 284, 381, and 385 Tariff, Original Volume No. 1 To cancel Rate Schedule X–26 which [Docket No. RM95±4±000; Order No. 581 consists of Original Sheet No. 10, First Sheet Nos. 76 through 99 Revised Sheet Nos. 11 through 36, Sheet Nos. 76 through 99 are reserved Revisions to Uniform System of Substitute First Revised Sheet No. 37, for future use. Accounts, Forms, Statements, and and Second Revised Sheet Nos. 38 and Exhibit C—Abbreviation Conventions Reporting Requirements for Natural 39, file ‘‘First Revised Sheet No. 10:’’ Gas Companies List My Pipeline Company, FERC Gas Issued: September 28, 1995. Tariff, Original Volume No. 1 Substitute: Sub AGENCY: Federal Energy Regulatory First Revised Sheet No. 10 Superseding Alternate: Alt Commission, DOE. Sheet Nos. 10 Through 39 Revised: / ACTION: Final rule. Notice of Cancellation First, Second, etc.: 1st, 2nd, etc. SUMMARY: The Federal Energy Rate Schedule X–26, Exchange Sheet No.: (omit these words) Regulatory Commission is amending its Agreement with YOUR Pipeline [FR Doc. 95–24723 Filed 10–10–95; 8:45 am] Uniform System of Accounts, its forms, and its reports and statements for Company, Dated January 1, 1980. BILLING CODE 6717±01±P natural gas companies. The The following tariff sheets have been amendments reflect the current superseded: regulatory environment of unbundled Original Sheet No. 10 pipeline sales for resale at market-based First Revised Sheet Nos. 11 through 36 prices and open-access transportation of natural gas. The Commission seeks to Substitute First Revised Sheet No. 37 simplify and streamline its requirements Second Revised Sheet Nos. 38 and 39 to reduce the burden of respondents. 53020 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
EFFECTIVE DATE: The final rule is This Final Rule is a companion to the current regulation, or are duplicative of effective November 13, 1995, except for Commission’s Final Rule ‘‘Filing other reporting requirements. At the the changes to the Uniform System of Requirements for Interstate Natural Gas same time, the revisions, especially of Accounts (Part 201). Company Rate Schedules and Tariffs’’, Form No. 2, will provide financial, rate, FOR FURTHER INFORMATION CONTACT: which amends Part 154 of the and statistical information on Jeffrey A. Braunstein, Office of the Commission’s regulations and is issued transactions that is more useful than General Counsel, Federal Energy contemporaneously with this rule. The what is currently available to regulatory Regulatory Commission, 825 North Commission has received 41 comments agencies and other users of the financial Capitol Street, NE., Washington, DC on the Notice of Proposed Rulemaking statements and reports of natural gas 20426, (202) 208–2114. (NOPR) 3 in this docket from the companies. The Commission believes 4 the changes to Form No. 2 are needed SUPPLEMENTARY INFORMATION: In commenters listed in Appendix A. addition to publishing the full text of In brief, the Commission, in this rule, because the characteristics of certain this document, excluding Appendices B addresses the Uniform System of balance sheet and income statement items for the restructured industry are (FERC Form No. 2), C (FERC Form No. Accounts’ treatment of gas in different from what they were when the 2–A), and D (FERC Form No. 11), in the underground storage reservoirs and in 5 6 current accounting regulations were Federal Register, the Commission also pipelines, revenues and gas supply 7 adopted. In addition, the Commission provides all interested persons an expenses, eliminates all accounts for has significantly increased the opportunity to inspect or copy the Nonmajor respondents and redesignates thresholds for the reporting of various contents of this document during accounts used only by Major respondents for use by all respondents. information. normal business hours in Room 3104, In Part III–A of this rule, the 941 North Capitol Street, NE., The Commission also changes or eliminates various forms, reports, and Commission will address the changes to Washington, DC 20426. the Uniform System of Accounts with The Commission Issuance Posting statements. This includes changes to, and deletions from, FERC Form No. 2 respect to storage gas. In Part III–B the System (CIPS), an electronic bulletin Commission will address other board service, provides access to the (Form No. 2), Annual report of Major natural gas companies, and FERC Form revisions to the Uniform System of texts of formal documents issued by the Accounts. In Part IV, the Commission Commission. CIPS is available at no No. 2–A (Form No. 2–A), Annual report of Nonmajor natural gas companies, and will discuss the changes to Part 158 of charge to the user and may be accessed the Commission’s regulations with using a personal computer with a FERC Form No. 11 (Form No. 11), Natural gas pipeline company monthly respect to the certification of modem by dialing (800) 856–3920. To compliance with the accounting access CIPS, set your communications statement. 8 The Commission is making the regulations. In Part V, the Commission software to 19200, 14400, 12000, 9600, will discuss the changes to Part 250 of 7200, 4800, 2400 or 1200bps, full changes in order to create forms, reports, and statements that reflect the the Commission’s regulations, duplex, no parity, 8 data bits, and 1 stop ‘‘Approved Forms, Natural Gas Act.’’ In bit. The full text of this document will current regulatory environment of unbundled pipeline sales for resale at Part VI, the Commission will discuss the be available on CIPS in ASCII and changes to Part 260 of the Commission’s WordPerfect 5.1 format. The complete market-based prices and open-access transportation of natural gas. In doing regulations, ‘‘Statements and Reports text on diskette in Wordperfect format (Schedules).’’ That discussion will that, the Commission seeks to simplify may also be purchased from the include the changes to Forms No. 2, 9 and streamline its requirements to Commission’s copy contractor, La Dorn No. 2–A, 10 and Form No. 11. 11 In Part reduce the burden on respondents. Systems Corporation, also located in VII, the Commission will discuss the Hence, the Commission is eliminating Room 3104, 941 North Capitol Street, changes to Part 284 of the Commission’s reporting requirements (as well as a few NE., Washington, DC 20426. regulations, ‘‘Certain Sales and non-reporting requirements) that are Transportation of Natural Gas Under the I. Introduction outdated or nonessential in light of Natural Gas Policy Act of 1978 and The Federal Energy Regulatory Related Authorities.’’ Commission (Commission) hereby 3 Revisions to Uniform System of Accounts, Forms, Statements, and Reporting Requirements for In the NOPR, the Commission stated amends its Uniform System of Natural Gas Pipelines, 60 FR 3141 (January 13, that the changes to these regulations and Accounts, 1 its forms, and its reports and 1995), IV FERC Stats. & Regs. Proposed Regulations forms and to the regulations in the statements for natural gas companies. 2 ¶ 32,512 (December 16, 1994). companion rule titled, ‘‘Filing 4 Appendix A also sets forth the names by which Requirements for Interstate Natural Gas the commenters are referred to herein. 1 Section 8 of the Natural Gas Act (NGA), 15 Company Rate Schedules and Tariffs,’’ U.S.C. 717g (1988), authorizes the Commission to 5 The Commission amends Account 117, Account prescribe rules and regulations concerning 164.1, and other accounts that refer to Account 117. will necessitate modifications to the accounts, records and memoranda as necessary or 6 The Commission amends Account 489 and electronic formats for the affected filings appropriate for purposes of administering the NGA. Account 495. and forms. The Commission will The Commission may prescribe a system of 7 The Commission amends Account 806, Account discuss electronic filings in Part IX accounts for jurisdictional companies and, after 813, and Account 823. below. notice and opportunity for hearing, may determine 8 Form No. 2 consists of approximately 162 non- the accounts in which particular outlays and consecutively numbered pages and a four-page receipts will be entered, charged, or credited. index. See 18 CFR 260.1. The current version bears 9 Appendix B consists of the revised Form No. 2. 2 Section 10 of the NGA, 15 U.S.C. 717i (1988), OMB approval No. 1902–0028. Form No. 2–A Appendix B is not being published in the Federal authorizes the Commission to prescribe rules and consists of approximately 22 consecutively Register, but is available from the Commission’s regulations concerning annual and other periodic or numbered pages, 1–22, and 32 non-consecutively Public Reference Room. special reports, as necessary or appropriate for numbered substitute pages from the Form No. 2 that 10 Appendix C consists of the revised Form No. purposes of administering the NGA. The may be used in lieu of the comparable pages in the 2–A. Appendix C is not being published in the Commission may prescribe the manner and form in first section. See 18 CFR 260.2. The current version Federal Register, but is available from the which such reports are to be made, and require bears OMB approval No. 1902–0030. Form No. 11 Commission’s Public Reference Room. from natural gas companies specific answers to all consists of approximately 4 consecutively 11 Appendix D consists of the revised Form No. questions on which the Commission may need numbered pages, 1–4. See 18 CFR 260.3. The 11. Appendix D is not being published in the information. The reports must be made under oath current version bears OMB approval No. 1902– Federal Register, but is available from the unless the Commission otherwise specifies. 0032. Commission’s Public Reference Room. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53021
The changes to the Uniform System of current reporting burden associated 2A)—will have no substantive change in Accounts and Form Nos. 2, 2–A, and 11 with the following six information its current reporting burden. 13 Only one in this rule will be effective January 1, collections: of the data collections will have a slight 12 1996. The remainder of the rule will FERC Form No. 2 ‘‘Annual Report of Major increase in burden. The burden be effective 30 days after publication in Natural Gas Companies’’ (1902–0028) associated with FERC–549B, ‘‘Gas the Federal Register. (FERC–2); Pipeline Rates: Capacity Release FERC Form No. 11, ‘‘Natural Gas Pipeline II. Public Reporting Burden Information’’ (1902–0169) (FERC–549B) Company Monthly Statement (1902– will increase as a result of the 0032) (FERC–11); The subject final rule establishes new institution of the Index of Customers. reporting requirements, modifies FERC–549, ‘‘Gas Pipeline Rates: Natural Gas existing reporting requirements, and Policy Act Title III Transactions’’ (1902– The aggregate annual reporting 0086) (FERC–549); burden as a result of the final rule for eliminates those requirements that are FERC–576, ‘‘Reports on Pipeline Systems now obsolete. In addition, the final rule all affected data collections is estimated Service Interruptions’’ (1902–0004) to total 437,835 hours based on an reflects many of the changes suggested (FERC–576); by industry comments filed in response FERC Form No. 8, ‘‘Underground Gas Storage expected 981 filings per year. The to Commission’s Notice of Proposed Report’’ (1902–0026) (FERC–8); and summary table below shows the impact/ Rulemaking. This simplification and FERC Form No. 14, ‘‘Annual Report for reduction on each affected data streamlining of Commission reporting Importers and Exporters of Natural Gas’’ collection. The Commission’s estimates requirements has reduced the burden on (1902–0027) (FERC–14) of public reporting burden for the data pipelines. The collective reduction in The FERC Form Nos. 8 and 14 will be collections include the time for reporting burden is estimated to be eliminated entirely as a result of this reviewing instructions, searching 61,824 hours annually. rule. One of the affected data existing data sources, gathering and The final rule will affect eight of the collections—FERC Form No. 2–A, maintaining the data needed, and Commission’s existing data collections. ‘‘Annual Report of Nonmajor Natural completing and reviewing the collection It is expected to reduce or eliminate the Gas Companies’’ (1902–0030) (FERC– of information.
Estimated an- Estimated an- Net change in Estimated No. Estimated bur- Affected data collection (RM95±4±000) nual burden nual burden annual burden of filings/yr den hrs per fil- hrs (rule) hrs (current) hrs (rule) ing (rule)
FERC±2 ...... 68,310 113,850 ¥45,540 46 1,485.0 FERC±549 ...... 14 795 14,045 ¥13,250 15 90 16 8.8 FERC±549 (B) ...... 350,308 349,060 1,248 17 546 641.6 FERC±576 ...... 12 36 ¥24 12 1.0 FERC±11 ...... 600 3,420 ¥2,820 200 3.0 FERC±2A ...... 2,610 2,610 0 87 30.0 FERC±8 18 ...... 0 1,296 ¥1,296 0 0 FERC±14 18 ...... 0 142 ¥142 0 0
Total ...... 422,635 484,459 ¥61,824 981 430.8 14 Comprised of 750 hours for transportation filings and 45 hours for sales filings. 15 Comprised of 75 transportation filings and 15 sales filings. 16 The weighted average of 10.0 hours per transportation filing and 3.0 hours per sales filing. 17 Includes 468 Index of Customer filings. 18 This data collection is discontinued by the subject rule.
With respect to the gas companies other filing requirements under the rule The elimination of initial, subsequent, filing FERC Form No. 2, the will also be decreased. With respect to termination, and annual reports, FERC– Commission believes that there will be FERC Form No. 11, the quarterly Form 549, for interstate pipelines, and the a total reporting burden decrease of No. 11 will contain monthly details of retention of only the annual 45,540 hours, or approximately 990 data required annually on an aggregate transportation reports for intrastate hours per respondent each year due to basis in FERC Form No. 2. The filing of pipelines and the annual sales reports the elimination of about 34 schedules FERC Form No. 11, quarterly rather than for interstate pipelines, will reduce the and significant increases in the monthly, will reduce the number of reporting burden by a total of 13,250 thresholds for the reporting of reports from 600 to 200. In addition, hours. The Commission estimates that information on other schedules. There data are primarily required by rate the annual report for the 75 remaining will be some additional information schedule or Uniform System of intrastate respondents will require an required, but there should be a minimal Accounts entries. These consistencies in average of 10 hours to complete. The burden increase as a result, because reporting will simplify the filing annual sales report for the 15 interstate much of the information is already burden. The revised reporting schedule respondents requires an average of 3 collected by the industry in other will reduce the existing reporting hours to complete. contexts. burden by a total of 2820 hours, or The Index of Customers requirement The Commission estimates that the approximately 56 hours per respondent will add approximately 1,248 hours to existing public reporting burden for the each year. the total burden under FERC–549B. In
12 That is, the pipelines must comply with the current Form No. 2 and will report for the year revised Uniform System of Accounts starting 1995. January 1, 1996, and they must report 1996 13 No net change in the reporting burden is information on the FERC Form Nos. 2 and 2–A filed expected because of offsetting increases and in 1997. The Form No. 2 filed in 1996 will be the decreases within the data collection. 53022 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations its Notice of Proposed Rulemaking, the Collectively these volumes are referred approach for accounting for investments Commission estimated that this to as ‘‘system gas’’. in system gas. Upon review of the requirement would add 11,700 hours to Under the fixed asset model, system comments, the Commission concludes the reporting burden for FERC–549B. gas would be accounted for as a that valid arguments can be made in However, the Commission has deleted noncurrent asset or permanent support of either approach. the paper filing requirement, and investment. In contrast, under the Accordingly, the Commission will required that the index be filed inventory model, system gas would be permit pipelines to adopt either the electronically with the Commission and accounted for as inventory. The two fixed asset model or the inventory be available through a pipeline’s models differ in how the pipeline’s model to account for system gas.23 electronic bulletin board. It is now investment in gas is valued and in how Each pipeline must inform the estimated that the Index of Customers gains and losses on balancing Commission of the method it adopts for will take approximately 4 hours for each transactions are measured and accounting for system gaswhen it files quarterly update for the 78 pipeline recognized.21 its Form No. 2 in 1997. The method respondents. To implement the fixed asset adopted by each pipeline must be used Allowing reporting of service accounting model for system gas, the consistently from year to year and interruptions in FERC–576 by any NOPR proposed that Account 117, Gas appropriate records must be maintained. electronic means, including facsimile or Stored Underground—Noncurrent, be The pipeline must obtain Commission telegraph, will expedite the notice replaced by new accounts Account approval for any change in method. The process, and reduce the burden to one 117.1, Gas Stored—Base Gas, Account Commission will not permit a pipeline hour per response from three hours. 117.2, System Balancing Gas, Account to adopt one method for determining its This report is required only in the event 117.3, Gas Stored in Reservoirs and rates and another method for accounting of an interruption to normal service Pipelines—Noncurrent, and Account purposes. For example, if a pipeline lasting three hours or longer. 117.4, Gas Owed to System Gas. elects the fixed asset model for The elimination of the FERC Form accounting purposes, it must derive its Nos. 8 and 14 will reduce industry 2. Comments on Mandating the Fixed Asset Model rates via that model in its first full rate reporting burden by 1,296 and 142 proceeding subsequent to its accounting hours, respectively. The fixed asset approach is supported decision. Similarly, if a pipeline uses A copy of this rule is being provided in whole or in part by Columbia, ANR, the fixed asset model in developing its to OMB. Interested persons may send Enron, Tennessee, Texas Gas, KN, rates, it must use the same method for comments regarding these burden NGSA, and NI-Gas. It is opposed by accounting purposes. estimates, or any other aspect of these Panhandle, Transco, and AGD. collections of information, including INGAA and other commenters 22 4. The Rule suggestions for further reductions of maintain that the pipelines should be a. Investment in System Gas. To burden, to the Federal Energy able to choose either the fixed asset or implement this rule, the Commission is Regulatory Commission, Washington, inventory model. INGAA submits that revising its accounting regulations to D.C. 20426 [Attention: Michael Miller, this flexibility is justified for two allow pipelines two alternative methods Information Services Division, (202) reasons. First, it argues that adoption of of accounting for all pipeline 208–1415, FAX: (202) 208–2425]. the fixed asset model will not ensure investment in system gas. Under those Comments on the requirements of this uniformity in accounting for storage regulations, pipelines may continue to final rule may also be sent to the Office because that model is not uniform account for their gas using a of Information and Regulatory Affairs of among non-pipeline storage owners and consistently applied inventory method, OMB, Washington, D.C. 20503 operators, such as independent storage or pipelines may adopt the ‘‘fixed asset’’ [Attention: Desk Officer for Federal operators and local distribution method. As noted above, the Energy Regulatory Commission, (202) companies. Second, INGAA contends Commission is not changing the 395–3087, FAX: (202) 395–5167]. that flexibility would prevent a number accounting requirements for initial line III. Revisions to Uniform System of of distortions which will arise from pack, LNG heel, and non-recoverable Accounts (Part 201) pipelines converting from the inventory base gas. The cost of this gas will method to the fixed asset model. Third, continue to be recorded in the utility A. Storage Accounting INGAA asserts that the change from the plant accounts. The Commission is 1. The NOPR inventory to the fixed asset model could replacing Account 117, Gas Stored increase state ad valorem taxes and In the NOPR, the Commission Underground-Noncurrent with four new could be considered a change in proposed to require that the maximum accounts: Account 117.1, Gas Stored— accounting by the IRS, causing it to designated gas volumes maintained for Base Gas, Account 117.2, System rescind permission to use the LIFO system balancing purposes,19 including Balancing Gas, Account 117.3, Gas those needed for no-notice inventory method for income tax Stored in Reservoirs and Pipelines- transportation service, and recoverable purposes. Noncurrent, and Account 117.4, Gas base gas volumes be accounted for as a 3. The Treatment of System Gas Owed to System Gas. Account 117.1 will include the cost of fixed asset rather than as inventory held As stated above, there is support for for sale, which is the current practice.20 recoverable gas volumes that are both the fixed asset model and the necessary to maintain pressure and inventory model as the appropriate 19 System balancing, as used here, refers to those deliverability requirements for the situations where the pipeline provides gas from its storage facility. Nonrecoverable gas own source of supply in order to meet deficiencies heel, and non-recoverable base gas. The cost of this volumes used for this purpose will caused by a shipper tendering less volumes to the gas will continue to be recorded in the utility plant continue to be recorded in Account pipeline at the receipt point than it takes from the accounts. system at the delivery point. The term can also be 21 See the NOPR at pps. 32,999–33,001 for a full 352.3, Nonrecoverable Natural Gas. used to refer to situations where the shipper tenders discussion of the differences between the fixed more volumes than it takes from the system. asset and inventory models. 23 The Commission is not setting forth the 20 The Commission is not changing the 22 ANR, Kern River, Transco, Enron, Tennessee, arguments for and against the models in light of the accounting requirements for initial line pack, LNG KN, Williston, and Consumers Power. decision not to mandate a particular model. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53023
Account 117.2 will be used to record Pipelines will be required to maintain with a corresponding charge to Account a pipeline’s investment in any records supporting Account 117.4 of 808.1, Gas Withdrawn From Storage- additional system gas volumes, monthly encroachment volumes and Debit. If the volumes are used to meet including gas stored in pipelines above unit prices unless the pipeline revalues transportation imbalances, Account 806, initial line pack, designated as its total encroachment balance monthly. Exchange Gas, will be credited and maximum system gas needed for load If a pipeline revalues the balance in Account 174, Miscellaneous Current balancing, no notice transportation, and Account 117.4, it should charge or and Accrued Assets, will be debited for other operational purposes. Account credit a separate subaccount of Account the same amount and simultaneously 117.3 will be used to record the cost of 813, Other Gas Supply Expenses, with with the entries to system gas. noncurrent company-owned stored gas the amount of the revaluation. To the The pipeline must also account for not includable in Accounts 117.1 or extent that there are corresponding withdrawals of gas from Account 117.1 117.2. changes in the value of imbalance under the inventory method. However, Account 117.4 will primarily be used receivables or payables, the pipeline if encroachments upon Account 117.1 by pipelines that account for system gas should make an appropriate adjustment volumes are to be replaced within 12 using the fixed asset model. Account to Account 174, Miscellaneous Current months, the pipeline may, at its option, 117.4 will reflect encroachments upon and Accrued Assets or Account 242, account for such withdrawals in system gas that result from Miscellaneous Current and Accrued accordance with the requirements for transportation imbalances, no-notice Liabilities, with contra-entries to encroachments of system gas under the transportation, and other operational Account 813. fixed asset method. The method chosen needs. It may also be used to reflect If a customer responsible for an owed- should be applied consistently from encroachments on volumes recorded in to-system gas balance meets his year to year and not changed without Account 117.1 for pipelines using an responsibility for repayment by express approval of the Commission. inventory method. delivering gas in-kind, the recorded balance for such customer in Account 5. Fixed Asset Accounting The initial investment cost to be 174 will be reversed and Account 806 Implementation Issues recorded in Account 117.1 and 117.2 is will be debited. The amount recorded in to be determined from the book balances A number of commenters requested Account 117.4 for such volumes must in Account 117 on the date of adoption clarification of certain aspects of the be cleared and Account 808.2, Gas of the new accounts. If there is no proposed fixed asset model and noted Delivered to Storage—Credit, credited. Commission approved method to the various implementation difficulties with If the customer responsible for an the Commission’s approach. The contrary, volumes in Account 117.1 and owed-to-system gas balance meets his Account 117.2 are to be priced at their following discussion is the responsibility through a cash-out Commission’s response to the concerns historical cost consistent with the provision, similar accounting will be inventory method previously in use.24 If expressed by commenters. followed. To recognize settlement of the As stated above, the Commission is at the date of adoption, a pipeline’s receivable, the pipeline will reverse the volumes in storage are less than the replacing Account 117, Gas Stored recorded amount in Account 174. Any Underground-Noncurrent, with four maximum volume authorized by the difference between the cash-out Commission for operational purposes, new accounts: Account 117.1, Gas settlement amount and the recorded Stored-Base Gas and Account 117.2, the deficient volumes are to be priced at receivable will be recognized as a gain 25 System Balancing Gas, 117.3, Gas Stored the then current market price with an in Account 495 or a loss in Account equal amount being credited to Account in Reservoirs and Pipelines— 813, as appropriate. Noncurrent, and 117.4, Gas Owed to 117.4. When the pipeline replaces the gas, System Gas. The Comments address b. Use of System Gas. (1) Fixed Asset any difference between the cost of the those accounts. Method. Under the fixed asset method gas and the amount cleared from a. Accounts 117.1 and 117.2. the Commission is adopting in this rule, Account 117.4 will result in a gain or Williston asks for clarification that gas future encroachments upon system gas loss. The pipeline should record the previously capitalized in Account 101 are to be credited to Account 117.4 at gain or loss in Account 495, Other Gas [utility plant] is not to be reclassified as the then current market price of gas Revenues, or Account 813 as Account 117.1 gas. The Commission with a corresponding charge to Account appropriate with contra entries to clarifies that the cost of gas volumes 808.1, Gas Withdrawn From Storage- Account 808.2. Debit. If the volumes are used to meet In instances in which a pipeline’s properly includable in Account 101 is transportation imbalances, Account 806, tariff requires that gains and losses on not to be reclassified to Account 117.1. Exchange Gas, will be credited and system balancing transactions are to be The rule is making no change to the Account 174, Miscellaneous Current passed along to customers, pipelines requirements of the existing Uniform and Accrued Assets, will be debited for should record the gains or losses System of Accounts that the cost of non- the same amount and simultaneously directly in Account 254, Other recoverable gas in underground with the entries to system gas. Regulatory Liabilities, or Account 182.3, reservoirs used for the storage of gas, Other Regulatory Assets, as appropriate. and the first cost of gas introduced into 24 The cost of any volumes of base or system gas (2) Inventory Method. Under the the utility’s system necessary to bring actually in storage that has previously been charged inventory method, withdrawals of the pipeline system up to its designed to expense should be carried in the accounts at zero system gas are to be credited to Account operating capacity or increases therein, cost. 26 are to be included in the plant accounts. 25 Current market price is the delivered spot price 117.2, at the inventory cost of gas of gas as published in a recognized industry journal. Enron maintains that Accounts 117.1 The publication used must be the same one 26 Withdrawals of gas may be priced according to and 117.2 should be combined into a identified in the pipeline’s tariff for use in its cash- the first-in-first-out, last-in-first-out, or weighted single account titled ‘‘System Gas,’’ out provision, if it has one. If the pipeline does not average cost method, in connection with which because there is no clear line between have a cash-out provision, the pipeline must use a ‘‘the fixed asset method’’ may be employed publication representative of the cost of gas in its provided the method adopted by the utility is used volumes serving a pressure maintenance supply area, use the same publication consistently, consistently from year to year and the inventory function and volumes used for system and identify the publication in its records. records are maintained in accordance therewith. balancing. 53024 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
The Commission will not adopt pack or to prescribe numerous that is neither cost-based nor market- Enron’s suggestion. The Commission subaccounts of storage gas by service based, but a varying hybrid which does recognizes that a bright line separating type and rate schedule. The proposed not qualify as an asset account.’’ 27 the volumes necessary for maintaining new Accounts 117.1 through 117.4 Williston maintains that the storage pressure and deliverability should be adequate for accounting for characteristics of Account 117.4 gas requirements from those necessary for all system gas. In this regard, the (encroachments) ‘‘do not satisfy the efficient transmission operation (i.e. Commission will modify instruction A characteristics of a fixed asset for system balancing gas) does not exist for of the proposed Account 117.3 to Balance Sheet presentation.’’ 28 most if not all storage facilities. include the cost of all stored gas in Similarly, Enron submits that the gas However, base gas volumes in storage excess of system, whether or not it is owed to system gas account is a reservoirs are used to maintain pressure available for sale. Although the temporary valuation adjustment to the and deliverability requirements for both Commission declines to require specific system gas accounts and should not be customer storage and pipeline storage of subaccounts for system gas, pipelines a part of the fixed asset accounts. Enron system gas. Because storage rates are may establish whatever subaccounts further maintains that ‘‘working capital often separate from transmission only they deem necessary to facilitate the would be misstated if the gas owed to rates, it is necessary to separately needs of their individual pipelines. system gas account is a fixed asset identify the cost of base gas so that Panhandle interprets the NOPR’s account, with the companion imbalance proper allocations of base storage costs proposal to price volumes includible in recorded as a receivable.’’ 29 It suggests can be made between storage and Account 117.2 ‘‘at the inventory price that ‘‘gas owed to system gas should be transmission services. Commingling that would be applicable to the last established as a current asset/liability base storage with system balancing gas volumes that would be withdrawn from account rather than a fixed asset would make cost and rate storage before encroachment upon base account.’’ 30 Texas Gas also argues that determinations more difficult. gas’’ (NOPR at p. 33,002), as requiring encroachments should be presented in a CNG urges the Commission to delete restatement of all system gas that had current asset/liability account to avoid the requirement to report line pack in previously been accounted for using a large non-cash fluctuations in fixed Account 117.2 because CNG includes LIFO or FIFO inventory method. assets and working capital. It submits line pack in plant accounts or has Panhandle maintains this is improper. this would be in accordance with gas expensed it already and its line pack Panhandle’s interpretation is receivables/payables recorded in fluctuations are immaterial from month incorrect. The proposed rule was not Accounts 174/242 as proposed in the to month. intended to require or permit pipelines NOPR. The final rule does not require the to restate the carrying value of system Enron and Texas Gas believe that cost of line pack gas previously charged gas in storage upon implementation of Account 117.4 is a temporary valuation to expense to be included in Account the new accounting. The proposed rule account that is more in the nature of a 117.2. However, pipelines must account clearly states that the initial investment current asset. Treating it as a fixed asset for volumes stored in the pipeline above cost to be recorded in Accounts 117.1 will misstate working capital because line pack volumes consistent with the and 117.2 is to be determined from the the companion imbalance would be rule. That is, the cost of such additional book balances on the date of adoption recorded as a receivable. volumes must be recorded in Account of the new accounts. The statement Account 117.4 has characteristics of 117.2 or 117.3, as appropriate. If the cited by Panhandle was intended to both a liability account and a valuation pipeline has previously charged the cost address potential situations where the account. A pipeline has a constructive of any such additional volumes on its initial volumes of gas in storage requirement to replace encroachments system to expense such volumes must exceeded the volumes designated as of system gas if it is to remain in the be included in the accounts at zero cost. system gas. In these situations, the cost business as a transporter. Accordingly, NGSA would create a number of new to be assigned to Account 117.2 should the amounts that are to be recorded in accounts to deal with system gas. NGSA be determined based on historical Account 117.4 represent, in significant states that although both Accounts 117 inventory price layers starting with the respects, probable future sacrifices of and 164.1, Gas Stored Underground— pricing layer applicable to the last economic resources resulting from past Current, should be maintained as fixed volumes that would be withdrawn from transactions (the encroachments). assets, Account 164 also should be used storage before encroachment upon base Thus, the amounts seem to generally for system balancing transactions gas and continuing until all of the fit the conceptual definition of a because it is NGSA’s belief that working volumes of system gas have been priced. liability. Yet, as Panhandle points out, gas, not base gas, is cycled. It would b. Account 117.4. (1) Nature of the the pipeline does not have a legal amend the accounts instructions to Account. The Commission proposed obligation to one or more entities to require pipelines to record both Account 117.4 as an account that would purchase replacement gas and therefore volumes and dollars and would reflect the obligation to replace volumes the amounts would not constitute a establish specific subaccounts in that encroached on system supply. recognizable liability under generally Account 164, rather than Account 117, Panhandle contends that the accepted accounting principles. to match the pipeline’s accounting of Commission has not explained whether The amount to be recorded in imbalances by service type and rate Account 117.4 is designed as a liability Account 117.4 is an estimate of the cost schedule (e.g., no-notice, exchange, or a valuation account and that, in any to be incurred by the pipeline to replace gathering, FT and IT). Gas Owed to event, the proposed approach is not in the encroachments to system gas that System Gas would be reflected in accordance with Generally Accepted have occurred. As such, the Account 174.4 and a separate asset Accounting Principles (GAAP). It asserts Commission believes Account 117.4 is account would be established for line that there is no liability on the more in the nature of a valuation pack. pipeline’s part to restore system gas. It The Commission will not adopt then argues that, like a valuation 27 Comments at 16. NGSA’s proposal because the account, Account 117.4 reduces the 28 Comments at 4. Commission believes it is unnecessary carrying value of the system gas asset, 29 Comments at 4. to establish a separate account for line but it ‘‘reduces system gas to a value 30 Id. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53025 account than a liability. Although in the aggregate and not tied to any Commission will require all pipelines to different from the example cited in individual shipper or contracts.’’ 35 value encroachments at current market Concepts Statement No. 6, the owed to Columbia concurs with valuing price as originally proposed. For system gas account is consistent with Account 117.4 gas at the current market purposes of valuing the encroachments, the following more general discussion of price. Texas Gas recommends that the current market price means the ‘‘valuation accounts’’ contained in the pipelines have discretion to determine delivered spot price of gas as published Statement: 31 the value of encroachment gas. It further in a recognized industry journal. The A separate item that reduces or increases maintains that ‘‘accounting for storage publication used must be the same one the carrying amount of an asset sometimes activity on a transaction-by-transaction identified in the pipeline’s tariff for use found in financial statements. Those basis by following ‘a queue’ would be in its cash-out provision, if it has one. ‘‘valuation’’ accounts are part of the related impractical and an administrative If the pipeline does not have a cash-out assets and are neither assets in their own burden which would, in Texas Gas’s provision, the pipeline must use a right nor liabilities. situation, be of no value, as all system publication representative of the cost of activity is tracked and Texas Gas incurs gas in its supply area, use the same Since the Commission views Account no gains/losses resulting from pricing publication consistently, and identify 117.4 to be more in the nature of a differentials.’’ It also submits that the publication in its records. valuation account, it has decided to ‘‘obligations to repay gas in-kind to or The Commission recognizes that for retain its classification within the from a pipeline should be presented in in-kind transactions pipelines do not Account 117 grouping of accounts. This the financial statements at an separately purchase replacement gas is consistent with the usual financial established value at a point in time (i.e., and therefore do not recognize a gain or statement display of valuation accounts the date of the balance sheet) not at the loss on the use and replacement of as reductions of the accounts to which current market price in effect on the system gas. However, the accounting they relate. As the Commission stated in date each transaction took place.’’ 36 It event to be recognized is the the NOPR, however, the amounts asserts that ‘‘since the obligation is to encroachment, and the prospect of recorded in account 117.4 and the replace the gas in-kind, the ‘market obtaining replacement gas in kind from companion imbalance receivable and price’ on the date it was borrowed is a customer should not produce a payable accounts can be taken into irrelevant.’’ 37 measurement different from what would consideration in determining cash Kern River opposes valuing imbalance be obtained in a cash transaction. working capital requirements. quantities at current market prices. It Upon consideration of the comments, (2) Valuation/Pricing. In the NOPR submits that for it such a current market the Commission will simplify the the Commission proposed that valuation of Account 117.4 gas is proposed recordkeeping for encroachments on system gas would be unnecessary and unduly burdensome. It encroachments and replacements of valued at the current market price. states that it never, since its initial line system gas under the fixed asset When a customer responsible for an pack purchases, bought gas for fuel, method. The NOPR proposed that owed-to-system gas balance met his imbalances, or to replenish line pack. different price layers be maintained for responsibility for repayment by Hence, it asserts that it is justified in monthly encroachments on system gas delivering gas in kind, the NOPR recording all imbalances at its historical and that replacements of system gas be proposed that Account 117.4 be cleared average unit cost of line pack. priced following a queue. The at the same price originally used to Panhandle maintains that the layered Commission now believes that this record the encroachment. If the balance pricing as proposed in the NOPR would approach is unnecessarily complex. in Account 117.4 was due to more than be burdensome by increasing the annual Instead, the Commission will adopt the one transaction, the NOPR proposed recorded transactions of its pipeline suggestions of INGAA and others to that the accounting would follow a group from 48 to approximately 17,300. allow pipelines to revalue cumulative queue with the earliest transaction first, Panhandle also claims that it will net imbalances, net all transactions and until the credit balance in Account have to create and maintain two sets of record one monthly entry with one 117.4 was eliminated. calculations to the extent gains/losses month-end price for valuation purposes. The Commission believes that this El Paso objects to the ‘‘aging of are calculated differently from the relevant tariff method. And it claims a modification will reduce the imbalances by contract and month and recordkeeping burden associated with the tracking of all shipper over/under significant burden increase of from 8,010 hours to 16,050 hours due to the the fixed asset model without materially performance in and out of storage affecting the validity or reliability of the accounts using a queue.’’ 32 It does so procedures in the proposed rule. Columbia, Enron, and Tennessee urge accounting measurements. because ‘‘[w]hile there in fact may be the Commission to simplify the (3) Losses on Settlement of some relationship between changes in accounting and recordkeeping Imbalances. CNG submits that the storage and changes in imbalances, the requirements by allowing pipelines to Commission’s proposal to revise two events cannot be tied together on a net all transactions and record one Account 813, Other Gas Supply shipper by shipper, contract by contract monthly entry with one month-end Expenses, so that it will include losses basis.’’ 33 It adds that such reporting price for valuation purposes, as well as on settlements of imbalance receivables ‘‘would serve no purpose and would monthly repricing of the cumulative net would have an adverse impact on its lead to arbitrary results.’’ 34 It imbalances. record keeping. It states that in order to recommends, as an alternative, that After considering the comments, the calculate gains and/or losses on ‘‘[c]hanges in storage should be treated Commission has decided not to adopt imbalance settlements, historical suggestions that would allow imbalance data, including gas prices, 31 See paragraph 34 of FASB Statement of alternatives for valuing encroachments would need to be tracked. Financial Accounting Concepts No. 6, ‘‘Elements of There will be no need to track gas Financial Statements’’, FASB Original under the fixed asset model. Instead, the Pronouncements, Vol. II (1995). prices or use historical imbalance data 32 Comments at 5. 35 Id. for calculating gain or loss. The 33 Id. 36 Id. Commission’s simplification of the 34 Id. 37 Comments at 4. recordkeeping requirements for storage 53026 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations imbalances under the fixed asset purposes. Thus, Columbia and any other 2. Comments on Accounting Treatment method should substantially mitigate similarly situated pipeline would record CNG’s concern over the record keeping amounts in Account 117.4 only after INGAA suggests that the Commission requirements necessary to calculate customer gas available to the utility for not mandate the procedure for gains or losses of imbalances. For system balancing purposes has been accounting and valuation of customer- imbalances in which the pipeline has exhausted. This accounting is provided compressor fuel as revenue delivered more than the shipper appropriate because the pipeline is because the Commission’s proposal injected at the receipt point, gains (or using its customers’ gas to meet contradicts a majority of the pipelines’ losses) will be the difference between imbalances on its transportation system. tariff provisions and mechanisms. ANR the cash-out price and the pipeline’s If however, it is necessary for the also maintains that each company purchase cost of replacement gas pipeline to use its own gas for system should be able to use its current volumes. For cashed-out imbalances in balancing purposes and if such use method. which the pipeline has delivered less results in an encroachment upon the Columbia and AGD support the than the shipper has tendered into the system gas volumes amounts would be NOPR’s proposal. However, Panhandle, pipeline, the gain (or loss) will be the required to be entered in Account 117.4 ANR, MRT, Great Lakes, Williams, difference between the cash-out price under the fixed asset model. Under the Transco, Enron, Texas Gas, National paid by the pipeline and the current inventory model, use of the pipeline’s Fuel, and Kern River oppose the NOPR’s price of volumes recorded in Account gas for balancing would require entries proposal. 117.4. For system gas accounted for directly to the system gas accounts. 3. The Rule under the inventory method, gain or d. EBB reporting. AGD maintains that loss will be the difference between the the estimated volumes in Accounts cash-out price and the inventory price Upon consideration of the comments, 117.1 through 117.4 and particularly the Commission concludes that it is not of the gas imbalance. 117.4 should be calculated by the (4) Storage Losses. The NOPR did not appropriate to mandate revenue pipeline and provided to shippers daily explicitly address the accounting for recognition for gas provided by shippers through the EBB. storage losses. for compressor fuel and other pipeline CNG maintains that Account 117.4 The Commission concludes that no system use and used to provide needs to be revised to address purpose is served by posting this transportation services.39 Instead, each encroachments due to storage losses and information in the EBB. In addition, the pipeline will have the discretion to suggests specific instructions for losses. maintenance of this data would be determine whether it will recognize The Commission agrees that the burdensome by being time-consuming revenue for these transactions in its Uniform System of Accounts should and labor intensive. Hence, the accounting records. contain explicit instructions for gas Commission is not requiring posting of The Commission is taking this losses. The Commission has therefore this data on the EBB. approach because of the apparent added instructions to require: (1) losses B. Shipper Supplied Gas divergence between relevant accounting of gas stored in underground reservoirs standards. In one view, as in the NOPR, be charged to Account 823, Gas Losses. 1. The NOPR these volumes represent an inflow of The Commission did not adopt CNG’s assets to the pipeline from delivery or specific language changes related to In the NOPR, the Commission addressed the issue of the appropriate producing goods, rendering services or storage losses. However, the other activities that constitute the Commission agrees that under the fixed accounting treatment of gas furnished to the pipelines by their shippers for pipeline’s ongoing major or central asset model, losses of system gas should operations. Recognition of an economic be priced at the same rate used to price compressor fuel and other pipeline 38 value for these volumes therefore meets withdrawals in the month in which the system use. The Commission concluded that the pipelines must the conceptual definition of revenues loss is recognized (i.e. the current set forth in Statement of Financial market price of gas available to the include the value of that gas in their Accounting Concepts No. 6, paragraph utility). Storage losses under the reported revenues and in their reported 78.40 Therefore, it is conceptually inventory model will continue to be expenses. appropriate to recognize gas received priced at inventory cost. The Commission also invited from shippers in exchange for (5) Other Item. Columbia requests comments from the industry about transportation services as revenue. clarification of the requirements for whether a price index should be used to However, based on the filed comments, Account 117.4, Gas Owed to System account for the value of gas furnished by it is less than clear that current Gas. Columbia apparently seeks customers; and, if so, asked what would accounting standards for enterprises in confirmation that Account 117.4 is to be be the appropriate price index, and how general require such recognition. Hence, used to record imbalances only after that price should be applied. to avoid potential differences between Columbia has exhausted other options The Commission concluded that no for resolving imbalances. In other pipeline financial statements filed with changes were needed to the USofA to the Commission and financial words, the pipeline could use customer- effect its proposal. However, the owned storage quantities to the extent statements issued to the public, the Commission stated that the records Commission will not mandate that permitted by its tariff prior to using its supporting the purchased gas accounts own gas. This recognizes that the gas for retained gas must be so maintained borrowed from storage to meet 39 The Commission is not setting forth the that there will be readily available for arguments of the commenters in light of the imbalances belongs to the storage each shipper and point of receipt, the decision not to mandate a particular approach. customers. Columbia is permitted to quantity of gas tendered, and the values 40 Contrary to Panhandle’s assertion, the fact that borrow the gas from storage because of assigned. most of the gas may be used in pipeline operations an arrangement between Columbia and simultaneously upon its receipt does not mean that it is not an asset. It means only that it is an asset its customers that, consistent with 38 For example, gas furnished by shippers to cover momentarily—as the pipeline receives and uses it. Columbia’s tariff, allows Columbia to line losses incurred as part of the transportation See SFAC No. 6 paragraph 31 for a discussion of use its customer’s gas for balancing service. this phenomenon. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53027 pipelines recognize shipper provided credits to Account 808.2, Gas Delivered can reflect every pipeline’s operations, gas as revenue. to Storage—Credit. geographic location or contractual arrangements. 4. Entries—Revenue Recognition 6. Pricing Pipelines recognizing revenue and Since all pipelines must recognize the Pipelines electing to recognize purchased gas expense for shipper cost of shipper-supplied gas, it is provided gas should value such shipper provided gas as revenue must necessary to determine the appropriate amounts at current market value. Values also recognize an equal amount of measure of such cost. In the NOPR the to be assigned to fuel consumed in purchased gas expense. Pipelines would Commission stated that an appropriate compressor stations or used for other credit the appropriate transportation measure of the revenues and cost of gas operational purposes should be revenue account (Accounts 489.1 furnished by a customer for compressor similarly determined. The Commission 41 through 489.4) and record an equal fuel should be the cost that would have agrees with commenters that use of a amount in Account 805, Other Gas been incurred had the pipeline been single index applied to all pipelines Purchases. required to purchase the gas itself. The would not adequately recognize 5. Entries—Non Revenue Recognition Commission invited comments from the differences in gas prices between industry about whether a price index geographical regions. Instead, the Although the Commission is not should be used, and if so, what would Commission believes that the current requiring revenue recognition for the be the appropriate price index and how market value must be determined by volumes received from shippers, should it be applied. reference to the delivered spot price of pipelines must recognize all gas INGAA maintains that there should gas as published in a recognized consumed in compressor stations or not be a mandatory index for all industry journal. The publication used used for other operational purposes in pipelines, because of their different must be the same one identified in the the appropriate expense accounts in operations, locations, and contractual pipeline’s tariff for use in its cash-out accordance with existing Uniform arrangements. provision, if it has one. If the pipeline System of Accounts requirements. 42 Panhandle supports an index that is does not have a cash-out provision, the Contra-credits for these amounts are to reasonable for each pipeline and is pipeline must use a publication be recorded in Account 810, Gas Used applicable to all points on the pipeline. representative of the cost of gas in its for Compressor Station Fuel—Credit, It argues that indices for different points primary supply area, use the same Account 811, Gas Used for Products would complicate the calculations and publication consistently, and identify Extraction—Credit, and Account 812, increase burden. the publication in its records. Use of Gas Used for Other Utility Operations— National Fuel submits that a pipeline such values would allay any concerns as Credit, as appropriate. This will result should be able to use the index to whether the values recorded by a in comparability of transmission described in its tariff or an average if it company on its books relate to the operating expenses among pipelines and uses different indices for cash-out operations of that company. will avoid the statistical anomalies that purchases and sales. CNG maintains that the ‘‘Appalachian 7. Recordkeeping exist under current practices.43 Further, CNG Spot’’ price as quoted in Natural Although the Commission did not the value of gas received from shippers Gas Intelligence is the best propose any changes to the Uniform under tariff allowances that is not representation of the price of gas System of Accounts to account for consumed in operations nor returnable received onto its system. It submits that shipper supplied gas, the Commission to customers through rate tracking this price should be used for CNG and made it clear that the purchased gas mechanisms shall be credited to similarly situated pipelines in valuing accounts for retained gas must be so Account 495, Other Gas Revenues and fuel retained, gas used in company maintained that there will be readily charged to Account 805. Pipelines must operations, storage encroachment, and available for each shipper and point of simultaneously charge Accounts 117.3 transport and exchange imbalances. receipt, the quantity of gas tendered and or 117.4 as appropriate, with contra Transco suggests that an industry- the values assigned. wide price index not be used. It INGAA maintains that receipt point 41 New revenue accounts 489.1, Revenues from proposes to use the same spot prices allocation of fuel to specific shippers Transportation of Gas of Others Through Gathering will result in a significant increase in Facilities, 489.2, Revenues from Transportation of that it uses for its fuel tracker. Gas of Others Through Transmission Facilities, Columbia supports use of an index burden because pipelines do not track 489.3, Transportation of Gas of Others Through specific and applicable to the pipeline’s compressor fuel in that fashion. It states Distribution Facilities, and 489.4, Revenues from primary supply area to value the fuel that many pipelines’ tariffs state that Storing Gas of Others. usage and retainage quantities supplied fuel needs are calculated and collected 42 For example, the cost of gas used for on a zone or service basis. Great Lakes transmission compressor stations is to be recorded by customers. in Account 854, Gas for Compressor Station Fuel, Enron maintains that in calculating opposes the accounting for compressor and gas used for underground storage compressor the expense reimbursement, pipelines fuel by shipper by receipt point when stations is to be recorded in Account 819, should use existing tariff indices. many pipelines operate under a Compressor Station Fuel and Power. ANR stated that it was unreasonable mechanism where fuel is allocated by 43 For example, in 1994 Panhandle and Columbia moved 1.2 billion mcf and 1.3 billion mcf of gas to apply an arbitrary price to shipper zones or service categories. It submits respectively on their systems. While the volumes supplied gas. Great Lakes stated that that such a calculation would involve moved were approximately the same, the two pipelines do not know the price burdensome assumptions and pipelines reported widely disparate amounts for the shippers paid for the gas, and that allocations, serve no useful purpose, cost of gas used in transmission compressor stations—$2.7 million for Panhandle and $28.7 indices do not necessarily reflect prices and would be inconsistent with tariffs. million for Columbia. While the two pipeline paid under different contracts. MRT and KN maintains that the supporting systems are obviously different and therefore fuel National Fuel opposed the assignment information requirement will result in a usage can not be expected to necessarily correlate of arbitrary values to gas received for significant administrative burden. It precisely with throughput, the figures adequately demonstrate the statistical anomalies and lack of compressor fuel. INGAA stated that refers to its numerous receipt and comparability that results from different accounting there should not be a mandatory index delivery points within a contract for and reporting practices. for all volumes as no one price index several shippers. ANR submits that the 53028 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations calculation of fuel by shipper and included in Account 495, Other Gas of subaccount detail is unduly receipt point would involve a number of Revenues. (See Item No. 5 of Account burdensome.44 However the assumptions and allocations that would 495). The Commission is deleting Commission will require pipelines to be arbitrary, inaccurate, and Account 489 in its entirety and Item No. maintain a separate subaccount within burdensome and, therefore, would not 5 of Account 495 and replacing it with Account 495 for gains from settlement serve any valid statistical basis. This is four new accounts. These are: Account of imbalances. The Commission’s so, it says, because many pipelines 489.1, in which the pipeline would decision not to require additional calculate fuel by zone or service include revenues from transportation of subaccounts does not relieve the category. AGD requests that pipelines gas through gathering facilities; Account pipeline of its burden to keep its books record both actual fuel consumed and 489.2, in which the pipeline would and records so as to be able to furnish fuel retained or paid for, on a rate include revenues from transportation of readily full information for any item schedule and rate zone basis. gas through transmission facilities; included in any account.45 The Commission concludes that it Account 489.3, in which the pipeline KN asks for clarification on how to would be unduly burdensome for would include revenues from account for no-notice service revenues pipelines to maintain supporting transportation of gas through because no-notice service combines information by receipt and delivery distribution facilities; and Account storing gas and transporting gas. The points within a contract for each 489.4, in which the pipeline would new accounts require classification of shippers. Therefore, the Commission include revenues from storing gas of revenues according to the type of will revise the recordkeeping to require others. In addition, the Commission is service or services provided. For records to be maintained and readily adding two new items to the list of example, revenues from no-notice available for shipper supplied gas on a items in Account 495 to (1) address service that is predominantly rate schedule and zone basis. recognition of gains on settlements of transportation should be recorded in imbalances and (2) provide for the Account 489.2, Revenue from 8. Accounts—Revenue—Expense recording of penalty revenues. Account Transportation of Gas of Others through The above changes are supported in Transmission Facilities, whereas In the NOPR the Commission stated whole or in part by INGAA, KN, revenues from no-notice service that is that the expense account to be charged Columbia, Panhandle, NGSA, and AGD. billed under a separate storage rate with the gas provided by shippers is the The Commission is adopting the above schedule should be recorded in Account same purchased gas account that would changes in order to appropriately record 489.4, Revenues From Storing Gas of have been charged if the gas was revenues from unbundled services. The Others. Revenues from no-notice separately purchased in a cash Commission will address below specific services which combine transportation transaction. concerns of some commenters and and storage services, such as KN’s Rate INGAA states that the choice of requests for clarification. Schedule NNS, should be recorded in purchased gas account may become 1. Accounts Account 489.2.46 unnecessarily complex if the proposal is adopted, because the appropriate Panhandle suggests that the 2. Accounting for Gains and Losses Commission create a new Account 489.5 account will apparently be determined In the NOPR, the Commission to cover other operating revenues. The by the location of the receipt point for proposed to include gains on Commission believes that there is no the compressor fuel. INGAA next asserts settlements of imbalance receivables in need to establish a fifth account in that if the Commission determines that Account 495, Other Gas Revenues. which to record other revenues since pipelines must separately account for Losses were to be included in Account volumes received for fuel, it must current Account 495, Other Gas Revenues, already adequately provides 813, Other Gas Supply Expenses. establish appropriate accounts as a Additionally, the Commission proposed credit to expense. for revenues not includible in other gas revenue accounts. In this regard, the that gains recorded in Account 495 that Columbia recommends the use of one are to be passed along to customers in gas purchase account and one market Commission is adding Item 9 to the list of items included in Account 495 to future periods were to be offset by rate rather than the multiple gas charging Account 407.3, Regulatory purchase Accounts 800 through 805. It explicitly provide for the recording of penalties earned pursuant to tariff Debits, and crediting Account 254, would delete Accounts 800 through 804. Other Regulatory Liabilities. In a similar Based on the comments, the provisions, including cash-out fashion, losses that are to be passed Commission concludes it would be an penalties. This change codifies existing along to customers in future periods undue burden to require pipelines to practice in the industry. were to be offset by crediting Account classify these amounts according to the NGSA recommends that Account 495 407.4, Regulatory Credits, and charging receipt point of the gas. Therefore, we be broken into subaccounts that Account 182.3, Other Regulatory Assets. are adopting Columbia’s represent the list of items proposed by Panhandle objects to the recording of recommendation to permit the use of the NOPR, including subdividing gains on imbalance transactions that are Account 805, Other Gas Purchases, to proposed new item 8, ‘‘Gains on to be passed through to customers in record such amounts. Imbalance Settlements,’’ into five subaccounts, ‘‘495.81 No-Notice,’’ Account 495, Other Gas Revenues, C. Revenues ‘‘495.82, Exchange,’’ ‘‘495.83, because it could create additional state At present, a pipeline includes in Gathering’’, ‘‘495.84, Transportation,’’ 44 Similarly the Commission concludes it would Account 489, Revenues from and ‘‘495.85, Other (specify).’’ AGD be unduly burdensome to require pipelines to Transportation of Gas of Others, requests that the Commission direct the establish separate subaccounts for administrative ‘‘revenues from transporting gas for companies to keep separate sub- and general expenses involving affiliates merely to other companies through the accounts in Account 495 for shipper aid rate case proceedings as requested by AGD. production, transmission, and imbalances, so that these amounts can 45 See 18 CFR Part 201, General Instruction No. 2, Records. (1995) distribution lines, or compressor be properly scrutinized in rate cases. 46 Form 2 page 305 footnote 6 specifies that stations of the utility.’’ Service charges The Commission will not adopt NGSA’s revenues from bundled transportation and storage for the storage of gas of others are or AGD’s recommendations. This level services should be reported in Account 489.2. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53029 gross receipts tax expense due to the and cost of gas delivered and received, account.’’ It ‘‘suggests the required increase in reported revenues. It adds rather than by point of receipt and record keeping be dropped due to the that the Commission would need to delivery. Additionally, the Commission excessive burden or, if there is some provide a gross-up factor to allow is moving the requirements for the demonstrated need for this activity, the pipelines appropriate cost recovery. recording of gains and losses on requirement should be moved elsewhere Williston opposes new item 8 of settlement of receivables and payables in the Uniform System of Accounts to Account 495 as part of its opposition to to the text of Accounts 174 and 242. The avoid confusion about the makeup of the Commission’s treatment of gains and comments are discussed below. Account 806.’’ losses on the settlement of imbalance The Commission agrees with receivables in Accounts 495, 806, 1. Recordkeeping Panhandle that the proposed Exchange Gas, and 813 (see infra). It INGAA recommends that imbalance instructions to Account 806 require states that settlements of imbalances data be kept by category or on a contract pipelines to maintain detailed and exchange transactions flow through basis. CNG maintains that the level of information on all exchange the company’s imbalance tracking detail and tracking by customer is too transactions, including non-gas mechanism and no gains or losses are burdensome. Williams contends that exchanges, e.g., exchanges settled in recognized. It requests the Commission tracking transportation balances on a cash. Panhandle correctly maintains to allow pipelines that account for such transaction-by-transaction basis is that because cash-out transactions gas through an imbalance mechanism administratively very burdensome and would not be included in Account 806, the flexibility to continue accounting for not required for regulatory purposes. the proposed detailed records would not settlement units of imbalance MRT maintains that data on load- track the entries to Account 806. receivables pursuant to their current balancing or no-notice transportation is Therefore, the Commission will adopt procedures. maintained by quantity (not value of Panhandle’s suggestion to move the The Commission will modify its gas) and not broken down to the specific detailed recordkeeping requirements for proposed accounting for gains and receipt point level. cash-out transactions to other accounts. losses on imbalance transaction in The Commission concludes that it is Those recordkeeping requirements will instances in which a pipeline’s tariff appropriate to require information by be moved from Account 806 to requires that such gains and losses be customer of the quantity and cost of gas Accounts 174 and 242. Accounts 174 passed along to customers. Rather than delivered and received. This and 242 are the accounts used to record initially recording a gain or loss (in information would be that typically all exchanges, including non-gas Account 495 and Account 813, maintained by pipelines in any event to transactions. respectively and separately deferring the support their receivable and payable gain or loss as a regulatory asset or balances, and should not result in an 2. Valuation liability (by charging Account 407.3, additional burden. Conversely, since the In the NOPR the Commission Regulatory Debits, or crediting Account Commission does not have a regulatory proposed that Account 806 include the 407.4, Regulatory Credits, respectively), need for information by point of receipt cost of gas in unbalanced transactions the Commission will require pipelines and delivery, it will not adopt the NOPR determined from the current market to record the gain or loss on imbalances proposal to require pipelines to price of gas at the time gas is tendered directly in Account 254, Other maintain such information. In response for transportation. Regulatory Liabilities, or Account 182.3, to MRT’s assertion, the Commission is Columbia agrees with the proposed Other Regulatory Assets, as appropriate not proposing a new requirement to Account 806 but maintains that gas consistent with Order No. 552.47 This maintain the cost of exchange should be priced at its value and not its modification should satisfy both transactions; it has always required cost because it incurs no cost. Panhandle’s and Williston’s concerns. pipelines to record the cost, as well as The Commission concludes that the the quantity of exchanges. Cost amounts recorded in Account 806 D. Gas Supply Expenses information is essential in determining should be based on the measurement The Commission is revising Account the pipeline’s expenses as well as its attribute of the gas received or delivered 806, Exchange Gas, so that it will exchange receivables and payables. in the exchange. If gas delivered in an include debits or credits for the cost of Therefore, the Commission will exchange has been priced on a historical gas in unbalanced transactions and not continue to require the recording of the cost basis (which would include gas just unbalanced exchange transactions. cost of imbalance transactions. withdrawals from storage priced on an Such unbalanced transactions would be Panhandle generally agrees with the inventory method), the amounts to be those whereby gas is delivered to proposal but maintains that the Account recorded in Account 806 should be another party in exchange, load 806 instructions create needless based on the historical cost of the gas. balancing, or no-notice transportation difficulties. It asserts, ‘‘While Account If gas delivered in an exchange is priced transactions. The cost of exchanged gas 806 records only imbalance activity at current market value (which would is to be determined from the current settled by receipt or delivery of gas, be the case for gas withdrawals from market price of gas at the time the gas paragraph C of the account description storage priced on a fixed asset method), is tendered for transportation. Contra includes a burdensome record-keeping the amount to be recorded in Account entries to those in Account 806 will be procedure that requires records to be 806 would be the current market value. made to Account 174, Miscellaneous maintained for quantities and Exchange gas received that is not a Current and Accrued Assets, and consideration, by receipt and delivery satisfaction of an existing exchange gas Account 242, Miscellaneous Current point, for all imbalance activity, receivable should be recorded in and Accrued Liabilities. including imbalances settled in cash.’’ It Account 806 at current market value. As recommended by commenters, the also ‘‘believes the procedures should Commission is modifying its proposed not be included in the instructions to 3. Accounting Recognition of Exchanges rule to require that records be Account 806. The detail requested in The NOPR did not address the maintained only by customer, quantity the instructions will not track the appropriate accounting recognition for entries made to Account 806 if cash-out exchanges involving customer-owned 47 III FERC Stats. & Regs. ¶ 34 967 (1993). transactions are excluded from this gas. 53030 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Williams states that under FERC because the only amounts to be reflected 7. Other Issue Order No. 636, it retained storage in Account 806 are for exchange Several commenters requested capacity for system balancing purposes, imbalances. Neither will the clarification as what type of imbalances but did not retain an investment in its Commission prescribe separate are to be included Accounts 806 and working gas in storage. Williams argues subaccounts of Account 806 as 813. that because it does not take title to gas proposed by AGD and NGSA, as this Account 806 will include all flowing on its system, it need not price level of subaccount detail appears imbalances, including those arising [record] transportation imbalances. unduly burdensome. However, as from unbalanced transactions whereby Williams recognizes that it has an required by General Instruction No. 2 of gas is delivered to another party in operational obligation to redeliver gas to the Uniform System of Accounts, exchange, load balancing, or no-notice the owner; however it submits that it pipelines must maintain their books and transportation transactions. As stated in has no recordable liability under GAAP. records so as to be able to readily Footnote 12 of the NOPR, system Williams also maintains that it should furnish full information as to any item balancing refers to those situations not record a positive customer included in Account 806. This where the pipeline provides gas from its imbalance just as it does not record gas information should be adequate to allow own source of supply in order to meet injected into storage because both the Commission to address claims by deficiencies caused by a shipper represent inventory on consignment. pipelines associated with imbalance tendering less volumes to the pipeline at Williams’ arguments for not recording issues and thereby satisfy AGD’s the receipt point than it takes from the transportation imbalances appears concerns. systems at the delivery point. The term similar to Columbia’s request for 5. Gas Losses can also be used to refer to situations clarification of the use of Account 117.4. where the shipper tenders more Both companies address the situation in The Commission did not propose new volumes than it takes from the system. which a pipeline uses customer accounts for the recording of gas losses Account 813 will include losses on supplied gas to meet imbalances. As other than those related to storage. settlement of imbalance transactions. with Columbia, it appears that Williams NGSA suggests the Commission include E. Major/Nonmajor Accounts has an arrangement with its customers a separate transmission expense account which allows Williams to use its for gas losses. KN maintains that an The Commission is eliminating all customers’ gas for balancing purposes. account is needed for gas losses for Nonmajor accounts in the Uniform Accordingly, Williams (and any other transmission, gathering, and System of Accounts and is requiring all similarly situated pipeline) must record distribution similar to Account 823 for natural gas companies to use the same amounts in Account 117.4 only after storage. The Commission agrees that it accounts. The Commission is, thus, also customer gas available to the utility for is necessary to designate an account for changing the Major accounts to system balancing purposes has been non-storage gas losses. Therefore, the eliminate their application to Major exhausted. Williams (and any other Commission is revising the text of natural gas companies only and is similarly situated pipeline) should Account 813, Other Gas Supply revising the instructions, notes, and record a receivable and payable for all Expenses, to provide for the recording of items accordingly. In addition, as customer gas that is used to meet losses of system gas not associated with discussed below, the Commission is exchange imbalances to reflect its right underground storage. revising Form No. 2–A to require to receive gas from one shipper and its Nonmajor respondents to file certain obligation to provide gas to another 6. Rates Form No. 2 pages as their Form No. 2– shipper. The Commission did not address A report. The Commission is revising part 158 of the regulations to delete the 4. Imbalance Sub-Accounts potential ratemaking issues in this rulemaking. references to Major and Nonmajor in The Commission proposed revisions Some commenters expressed sections 158.10 and 158.11. INGAA and KN support the to Account 806 to include the cost of gas ratemaking concerns. NI–Gas submits elimination of Nonmajor accounts in the in all unbalanced transactions, but did that any change to existing tariff not propose any new subaccounts of Uniform System of Accounts. No mechanisms must be handled through commenter opposes it. Account 806. an appropriate tariff filing. AGD asks for AGD states its concern that the clarification that the Commission’s F. Mcf to Dth Commission’s changes might result in accounting standards are not higher rates by claims for excessive At present, the Uniform System of determinative of the rate treatment of amounts associated with imbalance Accounts requires reporting volumes by the recorded amounts. issues. It requests separate subaccounts Mcf. The Commission is amending the to Accounts 813, 806, and 495 to permit This rule is establishing accounting Uniform System of Accounts where proper scrutiny in rate cases. that is intended to measure and applicable to measure gas by NGSA suggests renaming Account 806 recognize the economic effects of dekatherms rather than by Mcf to reflect as ‘‘System Gas’’ because exchanges are transactions, events and circumstances the current measurement of gas by heat only one specific component of this affecting pipelines. While the final rule content rather than by volume. account. It also suggests subaccounts for is expected to provide information INGAA and others 49 support the Account 806 for no-notice (806.1), useful for ratemaking purposes, the change from Mcf to Dth in gas Exchange (806.2), Gathering (806.3), Commission’s financial accounting measurement. Kern River, however, Transportation (806.4), and 806.5. (other requirements do not necessarily dictate maintains that its measurement specify) 48 It states that these should be how costs related to the transactions, standards should not be changed from reported by rate schedule. events or circumstances should enter volumetric to thermal. A significant The Commission will not rename into the determination of rates. majority of pipelines state their rates on Account 806 as suggested by NGSA Ultimately the manner in which costs the basis of either MMBtu or Dth. Only are considered for ratemaking purposes a few pipelines continue to state their 48 See also Accounts 164, 174, and 808.10, 808.20, is a matter to be resolved in a rate and 813 for similar subaccount proposals. proceeding. 49 KN, Columbia, NGSA, and Panhandle. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53031 rates in Mcf. The Commission earlier Regulatory Utility Commissioners and filing of the independent accountant’s adopted in section 284.4 of its use an extended transition period. letter or report of certification with the regulations MMBtu measurement base Consumers Power also maintains that original and each copy of the Form No. for all reports submitted under Part 284. elimination of the sales accounts would 2 or Form No. 2–A rather than having The change to the regulations in this result in regulatory confusion because the option to file it with the original or rulemaking is intended to expand on the LDCs would have to use accounts that within 30 days after the filing of the Commission’s earlier action and reflect were not intended to reflect the sales Annual Reports as is the case now. Last, the prevalent practice in the industry. function. It believes the Commission the Commission is revising section However, some of the remaining should retain the account numbers that 158.12 to remove an outdated provision. companies may perceive a hardship in relate to the merchant function. Columbia objects to the revised Part switching from Mcf to Dth or MMBtu. Missouri also submits that pipelines 158 as potentially broad in scope and Those companies may seek waiver of are not prohibited from acting as views it as unclear whether the intent is this provision. The Commission will merchants and, therefore, the existing to modify the current scope or report of consider any arguments set forth by gas purchase and sale accounts and the independent certified public those companies at that time. reporting requirements should be accountant in issuing its opinion on the Transok agrees with the change from retained. It states that a pipeline can Form No. 2. It argues that the proposed Mcf to Dth, but it suggests that the indicate that those requirements are not revisions to section 158.10 with respect Commission ‘‘require uniform applicable to its circumstances. AGA to the independent accountant measurement of dekatherms at a specific maintains that certain LDCs and identifying questionable matters and to pressure base, i.e. 14.65 psia, a specific pipelines still provide a merchant section 158.11 with respect to the temperature base, i.e. sixty degrees function and hence none of the sales ° independent accountant’s letter or Fahrenheit (60 F), and specific Btu accounts should be eliminated. report certifying approval make no water content measurement, i.e., dry or The Commission’s reason for deleting mention of the significance or 50 saturated.’’ It submits that this will the Form No. 2 schedules reporting materiality of the issues to be identified. provide uniform reporting so that merchant activities is to recognize that It next maintains that the statements precise comparisons can be made pipelines for the most part are now could be interpreted as requiring the between pipelines. Even though engaged in transportation activities and independent accountant to, in effect, pressure, temperature, and water not sales. Hence there is no longer a perform a compliance audit. It argues content affect the heating value of gas, need for such schedules. While it is true that it is entirely inappropriate for the the Commission will not require that two pipelines and many LDCs Commission to modify the scope of the uniform reporting because pipeline engage in merchant activities, they may work at present performed by the tariffs do not contain a standard continue to retain the deleted schedules independent accountant or to require a definition of heating value. if needed for reporting to other report inconsistent with Generally G. Merchant Accounts jurisdictions. None of the merchant Accepted Accounting Standards. It accounts have been eliminated from the asserts that the accounting firm should Several commenters point out that Uniform System of Accounts and so state public utility commissions have be required only to opine that the Form they may still be used for this purpose. 2 pages are, in its opinion, fairly stated required utilities under their However, for the Commission to retain jurisdiction to adopt this Commission’s and, if not, explain the deviation in an these Form No. 2 schedules implies they explanatory paragraph, if it is significant Uniform System of Accounts and Form are still needed for the Commission’s 2. Missouri requests that the or material with respect to the Uniform regulatory activities, which is not the System of Accounts. Commission retain the requirements case. Therefore, the Commission will Columbia also objects to Part 158’s related to the purchase and sale of delete these schedules as proposed in statement ‘‘that the independent natural gas, at least during a 2–3 year the NOPR. Last, the Commission sees no accountant will seek advisory rulings by transition period. PG&E maintains that need to convene a technical conference. the revised Uniform System of Accounts the Commission on such [questionable] is inconsistent with the role and needs H. Index items.’’ It maintains that it is the of LDCs. It submits that it is not MRT requests that the Commission responsibility of management to resolve adequate in some instances (e.g., no consider developing a subject matter questionable accounting and reporting accommodation for bundled sales) and index to Parts 201 and 216 as an aid to issues. It is not the function of the onerous in others (e.g., tracking the cost pipelines in complying with these independent accountant to do that of gas used for imbalance transactions regulations. without management’s authorization or for each customer each month on a FIFO The Commission believes that the to perform compliance audits with the inventory basis). It suggests that the current Charts of Accounts and Commission. Commission either establish separate headings are adequate. The changes to Sections 158.10 and accounts that support the accounting 158.11 of our regulations do not modify and reporting functions of transport- IV. Part 158 (CPA Certification the current scope of work of the only and non-transport-only pipeline Statement) independent certified public accountant companies respectively or retain The Commission is to remove the in issuing its opinion on the Form 2. In accounts that support the continuing designations ‘‘Major and Nonmajor’’ addition, the Commission is not merchant functions of LDCs. Last, PG&E from sections 158.10(a) and 158.11. In requiring a report inconsistent with suggests convening a technical addition, the Commission is requiring Generally Accepted Auditing Standards. conference to explore maintaining independent licensed public To the contrary, these changes, together uniform accounting practices in the accountants to be licensed on or before with other Form-2 reporting changes natural gas industry. Columbia December 30, 1970, as is the case in discussed infra, will permit our Distribution suggests the Commission current section 158.10(b). Moreover, the certification requirements to be met in consult with the National Association of Commission is deleting present section a manner consistent with the reporting 158.10(b). Further, the Commission is requirement standards under Generally 50 Comments at 5. revising section 158.11 to require the Accepted Auditing Standards. 53032 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
The Commission has addressed the nondiscriminatory discounting of firm an entire rate schedule should be filed issue of significance or materiality in and interruptible transportation. as a tariff sheet. Currently, the existing Instruction No. III(c)(i) of the revised However, the Commission is deleting forms themselves include the header Form No. 2, which requires that a letter two items of transportation discount and footer information normally or report be submitted which will information from section 250.16(d). We associated with a tariff sheet, which is ‘‘* * * contain a paragraph attesting to do not need to require pipelines to unnecessary and confusing. the conformity, in all material aspects, include in the discount report the In addition, the Commission is of the below listed schedules * * *.’’ shipper’s designation, such as local modifying section 250.2 by eliminating With respect to identifying distribution company, intrastate the requirement that a specific form be questionable matters and seeking pipeline, end-user, etc., or the affiliate used when providing notice of the advisory rulings, those provisions are relationship between the pipeline and cancellation of individual tariff sheets. unchanged and relate to the early the shipper. This information can be Rather, section 250.2 will provide that resolution of questionable matters to aid determined from other, public sources, when a single sheet is canceled, it the certification process. Whether an and therefore, its exclusion will not should be reserved for future use. This independent accountant will seek such affect the Commission’s ability to does not represent a substantive change, a ruling on any item is for it to effectively monitor affiliate discounts. but more accurately represents the determine in appropriate consultation Most commenters responded to the current practice in canceling a tariff with the respondent. proposed changes to the discounting sheet, and will allow the sheet to conform better to the Commission’s V. Part 250 reporting requirements with comments addressing the new, proposed reporting electronic tariff sheet filing Part 250 of the Commission’s requirement, section 284.7(c)(6). The requirements. regulations specifies the use of certain commenters that express support for the Section 250.3 specifies the form forms for accomplishing specific deletion of section 250.16(d), such as required under section 154.64 (new actions. As further described below, the SoCal and APGA, also support the section 154.602) for notification to the Commission generally is simplifying, proposed changes to section 284.7. In Commission of a cancellation or updating, or eliminating certain sections other words, no party argues for the termination of a contract, or executed of Part 250 to reflect current regulatory deletion of section 250.16(d) even if service agreement. The Commission is practice, and the deregulation of the section 284.7 is retained in its present changing the current instruction in the wellhead gas market. form.51 form to indicate the ‘‘name of purchaser However, in the NOPR, the most However, NGSA objects to the or purchasers’’ to an instruction to significant change that the Commission removal of 250.16(d). NGSA fears that indicate the ‘‘name of customer or proposed to Part 250 was the removal in the submergence of information on customers.’’ The use of ‘‘customer’’ section 250.16 (Format of compliance affiliated deals within information on rather than ‘‘purchaser’’ better reflects plan for transportation services and all discounted transportation programs the shift in today’s gas market from sales affiliate transactions) of the will provide pipelines a greater degree to transportation service. transportation discount information that of obscurity within which grants of The Commission is modifying the a pipeline transporting gas under affiliate preference may go unnoticed. headings of sections 250.2, 250.3, and subparts B or G of Part 284 and Our retention of section 250.16(d) 250.4 (governing the form of the conducting discounted transportation satisfies these concerns. certificate of adoption required under transactions with a marketing or Finally, in paragraphs (c)(3) and (d)(2) existing section 154.65 (new section brokering affiliate must maintain for of section 250.16, the Commission is 154.603) to be used when the tariff or each billing period. The Commission deleting reference to the Commission’s contracts of a natural gas company are proposed to eliminate the discount street address. to be adopted by a successor entity) to reporting requirements from section The Commission is modifying the refer to the new section numbers of the 250.16(d) because they replicate to some following other sections of Part 250, as regulations from which their authority extent the information required by the described below. Essentially, these stems, since the Commission, in the discount reports under section modifications either update the forms to companion rulemaking, is redesignating 284.7(d)(5)(iv). The Commission had conform to current regulatory practice, the referenced sections of Part 154. proposed to modify section or eliminate the forms related to the Thus, the reference in sections 250.2 284.7(d)(5)(iv) (proposed section regulation of producers and gatherers, and 250.3 to section 154.64 is changed 284.7(c)(6)) to include, among other since the wellhead gas market has been to section 154.602, and the reference in things, most of those requirements finally deregulated and such forms are section 250.4 to section 154.65 is currently required under section required by regulations that have been changed to section 154.603. In section 250.16(d) that are not already removed in Parts 154 and 157. 250.4, the Commission is also modifying duplicated in section 284.7(d)(5)(iv). Section 250.2 sets forth the forms the line indicating the date of the form Thus, the Commission proposed to required under section 154.64 (new of certificate of adoption by removing delete section 250.16(d) as unnecessary. section 154.602) for notification to the the year indicator of ‘‘194—.’’ Many of the forms set forth in Part As discussed in greater detail infra, Commission of a cancellation of a filed 250 relate to the filing requirements of cthe Commission is not adopting the tariff or part thereof, or a termination of natural gas producers and gatherers proposal to expand section 284.7 to the tariff by its own terms, when no new under Parts 154 and 157 of the include the requirements of 250.16(d). tariff or part thereof is to be filed in its Commission’s regulations. Specifically, Consequently, the Commission must place. The Commission is simplifying section 250.5 specifies the form of retain section 250.16(d). Therefore, the and clarifying section 250.2 by stating contract summary required to be filed Commission is not adopting the that the notices of cancellation to be under section 154.24(a) by independent proposal to delete that section. The used when canceling an entire tariff or Commission will continue to rely on the producers applying for a certificate of two, separate requirements—one 51 Columbia notes its support for the deletion of public convenience and necessity under reporting and one records section 250.16(d), but is silent with respect to the section 7 of the NGA for the maintenance—to ensure proposed modifications to section 284.7. transportation, or sale for resale, of Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53033 natural gas in interstate commerce. In the NOPR, the Commission invited VI. Part 260 Section 250.7 specifies the form of comments from parties who believe it The provisions of Part 260 require contract summary required to be filed would be useful to retain a form of that pipelines file certain forms and under section 157.30(b) by independent escrow agreement, or suggestions as to reports with the Commission, such as producers seeking abandonment how this regulation could be modified the FERC Form Nos. 2, 2–A, 11, and authorization. Section 250.8 specifies to become more useful, rather than 549–ST. As further discussed below, the eliminated. the form for the summary of contract Commission is modifying the actual Only two parties commented in information required by section Form Nos. 2, 2–A, and 11, and various response to the Commission’s inquiry. 154.92(d) to be filed by independent sections of Part 260. The changes to Part producers seeking authority to provide Missouri states that it has no concerns with the removal of this section as long 260 are designed to update these natural gas service, previously reporting requirements to reflect current authorized by the Commission, as a as the Commission will still require the placement of funds in escrow when it regulatory practice, and to conform successor-in-interest. Section 250.9 these prescriptive requirements to the specifies the form of notice required deems such a remedy appropriate. Missouri believes that establishing the changes to the other parts of the under section 154.97(a) to be filed by an Commission’s regulations in this rule. independent producer when a rate requirements for such an escrow schedule is proposed to be cancelled, or arrangement in the proceeding where it A. Revisions to Form No. 2 is found appropriate is acceptable. The will terminate by its own terms, and no The Commission is revising Form No. Industrials, however, object to the new schedule is to be filed in its place. 2 for a variety of reasons. First, it is Section 250.10 specifies the form elimination of the form of escrow agreement in its present form from the desirable to update Form No. 2 by required to be filed under section deleting unneeded schedules, or 157.40(b)(4) by independent producers regulations. They urge the retention of the escrow agreement due to its value in individual data elements, by clarifying applying for a small producer and modernizing schedules and exemption from certain filing preserving ratepayers’ refunds. They argue that if a case arises in which a instructions, and by increasing the requirements. Section 250.14 specifies thresholds for the reporting of certain the form of the initial billing statement modification to the form may be appropriate, the changes to the information. Second, it is vital to revise required under section 154.92 to be filed Form No. 2 to accurately present the with the filing of a rate schedule by agreement may be addressed at the time it arises in the individual proceedings. restructured nature of the natural gas every independent producer, and the pipeline industry, which is primarily form required under section 154.94(f) to The intent of the Commission’s inquiry in the NOPR was to determine focused on the transportation of gas be used by an independent producer rather than the sale of gas. Only then seeking a change in its rate schedule. whether there was support for retention of the escrow agreement in its present will the Form No. 2 provide more useful All of the above-referenced sections of form, or for adoption of a different form and relevant information to the Parts 154 and 157 have been removed of escrow agreement, instead. None of Commission and to pipeline customers from the Commission’s regulations by the comments suggested a more for the assessment of pipeline Order No. 567, issued July 28, 1994, in operations. A sample copy of the 52 appropriate form of escrow agreement. Docket No. RM94–18–000. Order No. Rather, the parties’ comments reflected revised Form No. 2 is attached as 567 deleted certain regulations related concern that the Commission was Appendix B. to natural gas producer rate regulation proposing to eliminate altogether the The specific changes the Commission that were either obsolete or nonessential use of escrow agreements to preserve is making are: in light of the deregulation of wellhead ratepayers’ refunds. The Commission’s General Information—Pages i and ii gas prices under the Natural Gas inquiry was not intended as a 53 Wellhead Decontrol Act of 1989, that referendum on the utility of escrow The Commission is requiring Form finally occurred on January 1, 1993. agreements. The removal of section No. 2 to be filed by each major interstate Since the regulations requiring that 250.12 does not prejudge the usefulness natural gas company having combined independent producers make certain of an escrow agreement in a particular gas transported or stored for a fee filings, and in specific forms, have been proceeding. The decision whether an exceeding 50 million dekatherms (Dth) deleted, sections 250.5, 250.7, 250.8, escrow agreement should be imposed in in each of the three previous calendar 250.9, 250.10, and 250.14 of part 250, a particular proceeding will have to be years. This will replace the present setting forth the actual forms, will also made in that proceeding, whether requirement that Form No. 2 must be be deleted. Thus, the Commission is section 250.12 is retained or not. The filed by major companies which are removing these sections. elimination of the form of the escrow those having combined gas sold for The Commission is also removing agreement should not impact the resale and gas transported or stored for section 250.12, governing the form of availability of escrow agreements or a fee exceeding 50 million Mcf at 14.70 escrow agreements. This regulation was degree to which they are utilized. psia (60°F) in each of the three previous originally promulgated by Order No. Therefore, since no comments were calendar years. The elimination of ‘‘gas 400, issued April 28, 1970, in Docket received suggesting why the current sold for resale’’ reflects the current No. R–376. It is rarely used. In the form of escrow agreement should be nature of the pipeline industry, in instances in which companies are retained, or any improvements to the which pipelines are primarily required to place funds in escrow, the form of escrow agreement, the transporters of gas and make sales for Commission will determine in the Commission will remove this section of resale on an unbundled basis in the proceeding establishing the escrow the regulations. supply area. The replacement of Mcf requirement, the form of the escrow Finally, the Commission is changing with Dth reflects the current agreement, and whether the form should all references in Part 250 from the measurement of gas by heat content be filed with the Commission. ‘‘FPC’’ and the ‘‘Federal Power rather than by volume. Commission’’ to the ‘‘FERC,’’ and to the The Commission also is revising the 52 68 FERC ¶ 61,135 (1994). ‘‘Federal Energy Regulatory first two sentences of Instruction 1 on 53 Pub. L. No. 101–60; 103 Stat. 157 (1989). Commission,’’ respectively. page i to eliminate as not needed the 53034 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations statement that Form 2 is a regulatory material respects with the Commission’s INGAA supports this correction. support requirement. The last sentence Uniform System of Accounts and List of Schedules (Natural Gas in Instruction 1 is being revised to published accounting releases. Page 108 Company)—Pages 2–3 eliminate the reference to the Energy requires the reporting of information Information Administration’s statistical that is not required to be disclosed on The Commission is revising the list of publication (Financial Statistics of the face of the financial statements or schedules to conform with the changes Interstate Natural Gas Pipeline the accompanying notes. To include this to the schedules adopted by this NOPR. Companies). The first sentence in page as part of a CPA certification No comments were filed. Instruction II on page i is being revised would require expanding the scope of Control Over Respondent—Page 102 to read ‘‘Each major natural gas the work conducted by the CPA beyond company that meets the requirements of what was necessary to attest to the The Commission is revising the 18 CFR 260.1 must submit this form.’’ conformity of the financial statements to instructions and providing a format for The Commission is revising Instruction Uniform System of Accounts’ information required with respect to III (a) to include the present requirement requirements. Therefore the entities controlling the respondent for filing on an electronic medium. Commission will not adopt AGD’s natural gas company to provide better The Commission is changing request. In addition, the Commission reporting of the vertical integration of Instruction III(c) to replace the present believes the additional burden that the respondent and its parents. Certified Public Accountant (CPA) would be imposed would be greater The Commission is deleting certification statement with a flexible than the benefit to be realized from it. referencing the SEC 10–K Report Form format that will enable the respondent’s The Commission therefore rejects the because most respondents are included CPA firm to prepare its certification inclusion of page 108 as part of the in consolidated reports and do not statement in accordance with current independent auditor’s attestation. prepare separate SEC 10–K reports. standards of reporting and still attest as The Commission concludes that INGAA would allow referencing the to the conformity of listed FERC Form AGD’s electronic filing suggestions SEC 10–K report. It would clarify that No. 2 schedules with the Commission’s would be too burdensome. Therefore, the instruction refers to a direct link Uniform System of Accounts and the although the Commission requires between the holding company and the Chief Accountant’s published pipelines to file Form No. 2 on respondent. Missouri submits that the accounting releases. In addition, the electronic media, it will not expand the pipelines should report information Commission is requiring that the letter scope of the electronic filing about affiliate relations of other or report required by Instruction III(c) requirements to include all supporting companies controlled by the pipeline’s for the CPA certification be submitted data or to require posting on an parent. It suggests including the name, with each copy as well as with the electronic bulletin board. In addition, manner of control, extent of control and original submission and be submitted the Commission will not establish new a brief description of the business with that submission rather than accounts to track computer system purpose. alternatively within 30 days after the expenses because existing accounts are Panhandle maintains that this filing date for Form No. 2. adequate for this purpose. schedule should be deleted because INGAA supports the above-described KN would eliminate all paper copies material matters will be described in revisions. AGD maintains that the where electronic filings are required. financial footnotes. schedule on page 108, ‘‘Important Paper copies are still needed because The Commission is removing the Changes During the Year’’ should be not all respondents have electronic ability of pipelines to reference the SEC covered by the audit report by including capability this time. 10–K reports for information because this page on page (i) in the list of such references in the past have been General Instructions—Page iii schedules to which the independent inadequate for regulatory purposes. The auditor attests. The Commission is replacing Mcf Commission’s experience has shown AGD also suggests that, once the with Dth in General Instruction II on that the information contained in a Commission updates its electronic filing page (ii) and ‘‘14.73 psia and a respondent’s parent’s SEC 10–K capabilities, pipelines be required to file temperature base of 60°F’’ with ‘‘in Btu generally has not provided the detail on their Form No. 2 electronically and that and Dth,’’ in General Instruction XII on the respondent that is needed by the this filing include all backup data that page (iii). The Commission also is Commission. Therefore, the supports and elucidates the Form No. 2 deleting General Instruction V with Commission is rejecting the arguments information. It believes this monthly respect to the means of completing the that it not adopt the NOPR’s proposed data is critical to detect trends, spot report as outdated and unnecessary. deletion of the respondent’s ability to nonrecurring items, test the INGAA supports the above described reference the SEC 10–K reports for reasonableness of base period actuals, revisions. information. Further, based on past and determine the need for a Section 5 Definitions—Page iv filings, the Commission believes that the complaint. It also suggests that pipelines information to be required on page 102 post their Form No. 2 filing on their The Commission is defining will not be included in sufficient detail electronic bulletin boards. Last, AGD dekatherm as a unit of heating value (if at all) in the footnotes to the financial submits that the Commission should equivalent to 10 therms or 1,000,000 statements for Commission regulatory 54 establish new accounts to track Btu. purposes. The Commission will computer system expenses. INGAA supports the above-described therefore require the information to be The Commission does not agree that definition. reported on page 102. On the other page 108 should be covered by the Excepts From the Law—Page iv hand, requiring the respondents to independent auditor’s attestation. The report information about affiliates of The Commission is correcting the purpose of the CPA certification other companies controlled by the quoted language of the Natural Gas Act. requirement is to obtain an independent pipeline’s parent appears to be beyond verification that the basic financial 54 Btu refers to British Thermal Unit—the quantity what is needed for regulatory purposes statements in the Form No. 2 and 2–A of heat required to raise the temperature of one at this time. Therefore, the Commission were prepared in conformity in all pound of water by one degree Fahrenheit. will not adopt Missouri’s suggestion to Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53035 require the reporting of such consolidated reports to stockholders and on Line 16 from ‘‘Other’’ to ‘‘Other information. do not prepare separate annual reports. Property and Investments.’’ INGAA suggests deleting page 108 The comments addressing the Corporations Controlled By because the information is reported in proposed storage accounting are Respondent—Page 103 the Notes to Financial Statement. discussed above. The Commission is deleting Panhandle would also delete this page instruction 4, which permits referencing because material matters will be Comparative Balance Sheet (Assets and the SEC 10–K Report Form filing for the disclosed in financial statements. Other Debits) (Continued)—Page 111 reason stated above. The Commission Williston asserts that the information The Commission is modifying column also is adding a new instruction 4 and required in item 8 is proprietary and (c) by deleting ‘‘Balance at Beginning of new column (b) for designation of the that item 11 should be deleted because Year’’ and inserting ‘‘Balance at End of type of control held by the respondent. it is misleading due to the timing of Current Year (in dollars)’’ and is The Commission is relettering columns final Commission rate orders and the modifying column (d) by deleting (b)–(d) as (c)–(e). impact on reserves for refund purposes. ‘‘Balance at End of Year’’ and inserting INGAA would allow referencing the The Commission does not agree with ‘‘Balance at End of Previous Year (in SEC 10–K report. Panhandle would INGAA or Panhandle that the dollars).’’ delete this schedule because material information reported in the Notes to No comments were filed. Financial Statements duplicates that matters will be disclosed in financial Comparative Balance Sheet (Liabilities required on page 108. In fact, to prevent statements. and Other Credits)—Page 112 The Commission is adopting the duplication, the instructions on page changes proposed in the NOPR for page 108 direct the respondent to reference The Commission is modifying column 103 for the reasons given for adopting the schedule in which information (c) by deleting ‘‘Balance at Beginning of the proposals for page 102. required by Page 108 appears, rather Year’’ and inserting ‘‘Balance at End of than report the same information in Current Year (in dollars)’’ and is Officers—Page 104 both places. Modifying Column (d) by deleting The Commission is deleting this page As to Williston’s comments, the ‘‘Balance at End of Year’’ and inserting because it is not needed for Commission Commission does not agree that the ‘‘Balance at End of Previous Year (in regulatory purposes. information required in item 8 is dollars).’’ The Commission also is INGAA supports deletion of this proprietary because an adequate adding the language ‘‘(Less) Current schedule. response to the requirement to report Portion of Long-Term Debt’’ to Line 22. the estimated annual effect and nature INGAA supports the above-described Directors—Page 105 of any important wage scale changes revisions. The Commission is deleting this page may be prepared so as to not reveal Comparative Balance Sheet (Liabilities because it is no longer needed for proprietary information. The and Other Credits) (Continued)—Page Commission regulatory purposes. Commission also does not agree with 113 INGAA supports deletion of this page. Williston that information on the estimated increase or decrease in annual The Commission is modifying column Security Holders and Voting Powers— (c) by deleting ‘‘Balance at Beginning of Page 106 (Now 107) revenues due to important rate changes required by item 11 is misleading. The Year’’ and inserting ‘‘Balance at End of Panhandle would delete this page respondent can and should provide Current Year (in dollars)’’ and because material matters will be explanations to prevent wrongful modifying column (d) by deleting disclosed in financial footnotes. interpretations of the data. ‘‘Balance at End of Year’’ and inserting Based on past filings, the Commission ‘‘Balance at End of Previous Year (in believes that information sought by the Important Changes During the Year— dollars).’’ instructions to page 106 will not be Page 109 INGAA supports the above-described presented in the notes to the financial The Commission is deleting this revisions. The Commission is adding statements in the detail needed for continuation page because it is not the language ‘‘Current Portion of Long- Commission regulatory purposes. needed with electronic reporting. Term Debt’’ as line No. 33. Therefore, this page will be retained. No comments were filed. Statement of Income For the Year— Security Holders and Voting Powers Comparative Balance Sheet (Assets and Pages 114–116 (Continued)—Page 107 Other Debits)—Page 110 The Commission is moving The Commission is deleting this The Commission is modifying column instructions 5 and 6 from this schedule continuation page because it is not (c) by deleting ‘‘Balance at Beginning of to Notes to Financial Statements on needed with electronic reporting since Year’’ and inserting ‘‘Balance at End of page 122. supplemental pages can be added if Current Year (in dollars)’’ and is INGAA would clarify that the proper more space is needed. modifying column (d) by deleting accounts for lines 9 and 10 are 407.1 INGAA supports deletion of this page. ‘‘Balance at End of Year (in dollars)’’ and 407.2 to be consistent with the and inserting ‘‘Balance at End of Uniform System of Accounts. Important Changes During the Year— Previous Year (in dollars).’’ The The Commission agrees and is Page 108 Commission also is deleting ‘‘Gas Stored changing the account numbers on lines The Commission is deleting item 12, Underground Noncurrent (117)’’ at Line 9 and 10 to 407.1 and 407.2 which allows the respondent to 12 and replacing it with four new respectively. substitute notes from the annual report accounts—Gas Stored—Base Gas The Commission is deleting to stockholders for required data (117.1), System Balancing Gas (117.2), instruction 7, which permits the because the Commission’s experience Gas Stored in Reservoirs and attaching at page 122 of any notes shows those notes to be inadequate or Pipelines—Noncurrent (117.3), and Gas appearing in the report to stockholders unresponsive due in part to the fact that Owed to System Gas (117.4). The that are applicable to this Statement of many respondents are included in Commission further is changing the title Income, and is moving instruction 8 53036 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations from this schedule to Notes to Financial stockholders). In addition, as stated information that is reported on page Statements on page 122. above, the Commission is moving three 108. INGAA supports the above-described instructions from pages 114 and 115 to National Fuel submits that disclosures revisions. page 122. As discussed below, the should be in accordance with GAAP as The Commission is adding the words Commission is not adopting proposed reflected in general purpose financial ‘‘(in dollars)’’ to column headings (c) instructions 4 (income taxes) or 7 statements to the public or to through (j). (differences between financial shareholders, so that pipelines would statements to stockholders/public and not be forced to rewrite their Notes for Statement of Retained Earnings For the the version of their financial statements Year—Page 118 Form No. 2). INGAA recommends changes to incorporated in the Form No. 2. It also The Commission is modifying column improve the focus of information to be suggests that, because Form No. 2 will (c) by deleting ‘‘Amount’’ and inserting provided on this page. It would allow a include a complete set of Notes to ‘‘Current Year Amount (in dollars)’’ and reference to SEC 10–K reporting or Financial Statements, any by adding column (d) ‘‘Previous Year reliance on GAAP for information on accompanying notes filed on an interim Amount (in dollars).’’ The Commission pensions, benefits, deferred taxes, etc. It basis in other contexts (e.g., a new rate also is deleting instruction 8, which suggests removing the requirement in case) be deemed sufficient if they make requires the attaching at page 122 of Instruction 1 that notes be grouped the financial statements not misleading. applicable notes in the annual report to under subheadings for each financial It states that it assumes the reader has stockholders. statement because most notes apply to read the most recent Form No. 2. INGAA supports the above-described more than one financial statement. It The Commission concurs with the revisions. Consistent with discussion of submits that this requirement could commenters who question the the revisions to page 118 of Form No. increase the number of notes and the regulatory applicability and the burden 2–A, the Commission will revise line 36 duplication of information. It adds that that will be caused by proposed to read ‘‘Balance—End of Year (Total of GAAP does not require grouping of instruction 7 and is deleting it. The Commission concurs with the comment lines 1, 9, 15, 16, 22, 28, 34, and 35)’’. notes by financial statement and that that GAAP is sufficient for information this requirement creates a difference Statement of Retained Earnings For the on income taxes and is deleting between GAAP and FERC reporting that Year (Continued)—Page 119 proposed instruction 4. The is not needed or useful to the reader. It The Commission is modifying column Commission also agrees that instruction would delete instructions 2, 4, and 5. It (c) by deleting ‘‘Amount’’ and inserting 11 should only require information on would revise Instruction 3 to exclude ‘‘Current Year Amount (in dollars)’’ and significant changes in accounting the disclosure of cash contributions to is adding column (d) ‘‘Previous Year methods made during the year that had pension, PBOP and other post- Amount (in dollars).’’ an effect on net income and is revising employment benefit plans since, it INGAA supports the above-described the wording in that instruction to read: asserts, GAAP disclosures for those revisions. ‘‘* * * significant changes in plans are adequate for Form 2. It would accounting methods * * *’’ Statement of Cash Flows—Pages 120 revise Instruction 7 because this should The Commission does not agree that and 121 not be a regulatory requirement, except a reference to the SEC 10–K is sufficient The Commission is deleting the first in limited instances where differences and therefore will not allow referencing sentence of instruction 1, which are not consistent with the Uniform the SEC 10–K. As explained above, the requires the attachment at page 122 of System of Accounts or FERC Orders. It Commission has found that such applicable notes in the annual report to further states that the general purpose references in the past were inadequate stockholders. financial statements issued to for regulatory purposes. The Commission is modifying column shareholders or the public generally The Commission does not agree that (b) by deleting ‘‘Amounts’’ and inserting refer to the respondent’s financial instruction 1 should be revised as ‘‘Current Year Amount’’ and by adding statements, and not those of the proposed by National Fuel because no Column (c) ‘‘Previous Year Amount.’’ respondent’s parent or ultimate parent. rewriting is needed of the disclosures in INGAA supports the above-described It states that instruction 11 requires general purpose financial statements. revisions. explanations of changes in accounting Rather, respondent merely will methods made during the year which supplement those disclosures with Notes to Financial Statements—Page had an effect on net income. It information needed for Commission 122 maintains that instruction 11 should be regulatory purposes. The Commission is changing revised to limit the requirement to The Commission also does not agree instruction 1 to require at least the same significant changes. with the comment that the requirement level of detail for disclosures that would AGD would include any differences in instruction 1 to group notes by be given in shareholder annual reports in accounting classifications between financial statement subheadings will and is adding new instructions to Form No. 2 and the latest NGA section result in duplication. The instruction is provide significant details on: the 4 rate filing with more than a $3–4 flexible in allowing separate disclosure respondent’s pension and other benefit million impact. of items that are applicable to more than plans and disclosure of financial Columbia maintains it would be an one financial statement. changes either to the respondent or the undue burden to list pursuant to In answer to the commenter who respondent’s consolidated group that proposed instruction 7 the differences wants to exclude from proposed will directly affect the respondent’s gas in the way transactions are presented in instruction 3 the cash contributions to pipeline operations. The Commission the stockholders annual report versus pension, PBOP and other post- also is deleting instructions 3 (‘‘For the Form No. 2. It argues that the employment benefit plans, the reporting Account 116, Utility Plant proposed requirement to disclose of cash contributions is necessary to aid Adjustments’’) and 6 (permitting the financial changes that will directly the Commission staff in their attaching of notes to financial affect pipeline operations is determination of the level of these costs statements in the annual report to unnecessarily duplicative of includible in a pipeline’s rates. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53037
Likewise, the retention of instructions 2 lessor, description of leases, and lease Construction Overheads—Gas—Page and 5 is essential in the Commission’s payments. Panhandle would raise the 217 ongoing analysis of the effect on rates of threshold to $1,000,000. The Commission, as suggested by certain actions taken by a company. The The Commission clarifies that INGAA, is deleting this page because Commission will not adopt AGD’s reporting is for gas property and page 218 reports adequate information. recommendation to require reporting of capacity leased from others pertaining significant differences between Form 2 to gas operations and agrees that Gas Stored (Accounts 117.1, 117.2, accounting classifications and those pipelines need to disclose only the 117.3, 117.4, 164.1, 164.2, and 164.3)— used for rate filings because the name of the lessor, description of lease, Page 220 accounting required for Form No. 2 and lease payments. The instructions The Commission is deleting Account must be consistent with that used for will so indicate. The Commission will 117 and replacing it with four new ratemaking purposes. Last, the not raise the threshold to $1,000,000 accounts as discussed above. The Commission rejects National Fuel’s because that level is too high for the Commission also is changing Mcf to Dth suggestion that Form No. 2 notes may be reporting of meaningful information. in instruction 1 and lines 6 and 7, is filed in other contexts, because the redesignating the column letters, Gas Property and Capacity Leased To Commission does not believe that filing eliminating instructions 2 through 5 as Others—Page 213 updated notes will be unduly no longer necessary, and adding a new burdensome. The Commission is revising the instruction on encroachments on base Notes to Financial Statement schedule on page 213 entitled ‘‘Gas gas, system balancing gas, and gas (Continued)—Page 123 Plant Leased to Others (Account 104)’’ properly recordable in the plant by changing the schedule and accounts. The Commission is deleting this instructions about gas property and INGAA suggests that additional continuation page because it is not capacity leased to others. The changes changes may be required on this page to needed with electronic reporting. are necessary to provide information accommodate the actual use of storage No comments were received. that would allow the Commission to inventories. NGSA states this page Summary of Utility Plant and determine whether ratepayers are should match page 513 and page 513 Accumulated Provisions for paying for facilities not used in the should have reporting by account. Depreciation, Amortization and respondent’s utility operations. The The Commission believes this Depletion (Continued)—Page 201 Commission is requiring only the schedule is adequate as proposed and reporting of property leases in which will make no further changes to it. The The Commission is deleting columns the average annual lease income over Commission does not agree with the (f) and (g) both entitled ‘‘other (specify)’’ the initial term of the lease exceeds comment that this page should match as unneeded because electronic $500,000. page 513; the two schedules serve reporting permits additional columns to INGAA asks for clarification that different purposes. Page 220 is a be added as necessary. reporting is for gas property and supplement to the Balance Sheet and INGAA supports the above-described page 513 is meant only for operational 55 capacity leased to others pertaining to revision. gas operations. It comments that data. Gas Plant In Service (Accounts 101, 102, columns (c) and (e) are missing on the Nonutility Property (Account No. 121) 103, and 106)—Pages 204–209 form. and Accumulated Provision For The Commission proposed no The Commission so clarifies and has Depreciation and Amortization of changes to these pages. However, corrected the columns. Nonutility Property (Account 122)— consistent with the Commission Gas Plant Held For Future Use (Account Page 221 discussion below of revisions to these 105)—Page 214 The Commission is deleting these pages of Form No. 2–A, the Commission schedules because they are not needed The Commission is raising the will modify these Form No. 2 pages to for Commission regulatory purposes. indicate which lines are used for totals. reporting threshold of $250,000 to INGAA supports this deletion. The $1,000,000 as suggested by INGAA, APGA opposes deletion because this Gas Property and Capacity Leased From rather than to $500,000 as proposed in page has vestigial value about changes Others—Page 212 the NOPR. The Commission is also is a pipeline’s business. The Commission is adding a new deleting the language in Line No. 1 The Commission does not believe that schedule to provide information about which refers to pages 500–01, which are vestigial value supports the burden of gas property and capacity leased from proposed to be deleted. reporting this information. others. The Commission is requiring Production Properties Held For Future Investments (Accounts 123, 124, 136)— only the reporting of property leases in Use (Account No. 105.1)—Page 215 which the average annual lease payment Pages 222–225 and Investments in under the initial term of the lease The Commission is deleting this Subsidiary Companies (Account exceeds $500,000. schedule because it is not needed for 123.1)—Pages 224 and 225 INGAA responds that information Commission regulatory purposes. The Commission did not propose any requested by the NOPR is at a level of INGAA supports deletion of this changes to these pages. detail that is not needed. It asks for schedule. INGAA and Panhandle would delete these pages. INGAA states the clarification that reporting is for gas Construction Work In Progress—Gas information has no regulatory purpose. property and capacity leased from (Account 107)—Page 216 others pertaining to gas operations. Panhandle states that material matters INGAA and Panhandle comment that The Commission is raising the will be described in financial footnotes. pipelines should disclose only names of threshold from $500,000 to $1,000,000 The Commission will retain these as suggested by INGAA and Panhandle. pages because the required data 55 In this schedule’s pages, the Commission is also The NOPR had proposed no change to provides the Commission with relevant deleting duplicative columns of account numbers. the $500,000 threshold. information that is useful in 53038 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations determining the respondent’s INGAA agrees with the proposed Capital Stock subscribed, Capital Stock affiliations and in analyzing financing revisions and, along with Columbia, Liability For Conversion, Premium on arrangements that may affect regulated suggests the addition of a beginning Capital Stock, and Installments pipeline operations. In addition, the balance field. Transco would raise the Received on Capital Stock (Accounts Commission, based on past filings, threshold to $500,000 and Panhandle 202 and 205, 203 and 206, 207, 217)— concludes that the data will not be would raise it to $1,000,000. Page 252 presented in the notes to the financial The Commission will add a beginning The Commission below discusses the statements in the detail needed for arguments to delete this schedule. Commission regulatory purposes. balance field and, as stated, will raise the threshold to $250,000, consistent Other Paid-in Capital (Accounts 208– Gas Prepayments Under Purchase with the threshold we are adopting for 211, inc.)—Page 253 Agreements—Pages 226 and 227 other asset and liability schedules. This The Commission is deleting this threshold will mitigate the reporting The Commission discusses below the schedule because it is not needed for burden on pipelines while providing the arguments to delete this schedule. Commission regulatory purposes. Commission with useful information for Discount on Capital Stock (Account INGAA supports this deletion. But the small as well as large pipelines. 213)—Page 254 APGA opposes it because this page has vestigial value about changes in a Miscellaneous Deferred Debits (Account The Commission discusses below the pipeline’s business. 186)—Page 233 arguments to delete this schedule. The Commission does not believe that The Commission is raising the Capital Stock Expense (Account 214)— vestigial value supports the burden of reporting threshold for minor items Page 254 reporting this information. from $100,000 to $250,000 and is The Commission discusses below the Advances For Gas Prior to Initial deleting Line No. 48 ‘‘Deferred arguments to delete this schedule. Deliveries or Commission Certification Regulatory Commission Expenses (see (Accounts 124, 166, and 167)—Page 229 Securities Issued or Assumed and pages 350–351). Securities Refunded or Retired During The Commission is deleting this INGAA and Columbia support this the year 1992—Page 255 schedule because it is not needed for revision, but would also delete The Commission discusses below the Commission regulatory purposes. ‘‘Account charged’’ col. (d). Transco arguments to delete this schedule. INGAA supports deleting this would raise the threshold to $500,000. schedule. Panhandle would raise it to $1,000,000. Long-Term Debt (Accounts 221, 222, Prepayments (Account 165)—Page 230 The Commission believes that column 223, and 224)—Page 256 The Commission is eliminating the (d) should be retained as it provides The Commission is deleting part of instruction requiring the reporting of all useful information and that the instruction 1, which permits referencing payments for undelivered gas and the $250,000 threshold is the appropriate the SEC 10–K report Form filing for the completion of pages 226 to 227, along threshold level for this information. reason stated above. with Line 5, Gas Prepayments (pages The Commission discusses below the 226–227). Pages 226 and 227 are also Accumulated Deferred Income Taxes arguments to delete this schedule. eliminated. (Account 190)—Pages 234–235 Unamortized Debt Expense, Premium INGAA supports the revisions in The Commission did not propose any and Discount on Long-term Debt order to make this page consistent with changes to these pages. (Accounts 181, 225, and 226)—Pages pages 226 and 227. The Commission is 258 and 259 also adding a column entitled ‘‘Balance INGAA would delete the ‘‘Notes’’ at Beginning of year.’’ 56 section and follow the pages 274 and The Commission discusses below the 275 format, which it says is more arguments to delete this schedule. Preliminary Survey and Investigation consistent and better organized. Charges (Account 183)—Page 231 Unamortized Loss and Gain on The Commission will make the format The Commission is deleting this Reacquired Debt (Accounts 189, 257)— of pages 234–235 consistent with that of schedule because it is not needed for Page 260 pages 274–275. However, the Commission regulatory purposes. Commission will retain the ‘‘Notes’’ INGAA and Panhandle maintain that INGAA supports deleting this the above pages (250–260) should be section. schedule. deleted because material matters will be Other Regulatory Assets (Account Capital Stock (Accounts 201 and 204)— in the Footnotes to the Financial 182.3)—Page 232 Pages 250 and 251 Statements or there is no regulatory purpose for the information. The Commission is raising the The Commission is deleting part of The Commission disagrees with reporting threshold for minor items instruction 1, which permits referencing INGAA and Panhandle. The information from $50,000 to $250,000 rather than to the SEC 10–K Report Form filing. The required to be reported on pages 250– $100,000 as proposed in the NOPR. The Commission is making this deletion 260 is not detailed in the footnotes to Commission is adding new instruction because many respondents are included the Financial Statements. This 4—‘‘Report separately any ‘deferred in consolidated reports that do not information allows the Commission and regulatory Commission expenses’ that provide the required information about the public to determine the cost and are also reported on pages 350–351, the respondent. The Commission changes in the levels of the respondent’s Regulatory Commission Expenses’’. discusses below the arguments to delete debt, preferred and common stock. Such this schedule. information is directly relevant to the 56 This column is also being added to the schedules, ‘‘Extraordinary Property Losses (Account pipeline’s cost of providing service. 182.1)’’ and ‘‘Unrecovered Plant and Regulating Therefore, the Commission will not Study Costs (Account 182.2).’’ delete these pages. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53039
Reconciliation of Report Net Income Miscellaneous Current and Accrued rule, the two schedules will be With Taxable Income for Federal Liabilities (Account 242)—Page 268 consistent. Income Taxes—Page 261 The Commission is raising the Other Regulatory Liabilities (Account The Commission did not propose any reporting threshold for minor items 254)—Page 278 changes to this page. from $100,000 to $250,000. The Commission is raising the INGAA would delete this schedule INGAA supports this revision. because there is no regulatory purpose reporting threshold for minor items Transco, however, would raise the from $50,000 to $250,000 as suggested for this information. threshold to $500,000. The Commission The Commission disagrees. The INGAA, rather than to $100,000 as believes that $250,000 is the appropriate proposed in the NOPR. The Commission information on this page is useful in threshold level for this information. analyzing the pipeline’s Federal income is correcting a typographical error and, tax component of its cost of service, Other Deferred Credits (Account 253)— as suggested by INGAA and Columbia, including its deferred taxes. Therefore, Page 269 is adding a beginning balance field. this page will be retained. INGAA would delete ‘‘Contra The Commission is raising the account’’ col. (b). Panhandle would Taxes Accrued, Prepaid and Charged reporting threshold for minor items raise the threshold to $1,000,000. During Year—Pages 262 and 263 from $100,000 to $250,000 and is Transco would raise it to $500,000. The deleting instruction 4 as not needed for The Commission proposed no change Commission will not delete column (b) Commission regulatory purposes in that ((now (c)) because it provides useful to this schedule. it refers to undelivered gas obligations INGAA suggests the grouping of information needed for regulatory to customers under take-or-pay clauses minor items under $250,000 and the purposes. In addition, the Commission in sales agreements. reporting by type rather then by state believes the $250,000 threshold is the INGAA supports above-described and year. appropriate threshold for this Panhandle would revise the revisions and would delete ‘‘Contra information. instructions to report taxes prepaid and account,’’ col. (c), as would Columbia. Panhandle would raise the threshold to Gas Operating Revenues (Account charged by type only and eliminate the 400)—Pages 300 and 301 excessive detail of reporting by type of $1,000,000. Transco would raise it to tax, by state, and by year. $500,000. The Commission is adopting The Commission does not agree that The Commission will not delete substantial and significant changes to reporting by type of tax, by state and by column (d) because it provides useful this schedule. The changes are: (1) The year is excessive detail. Rather, it is information and the Commission elimination of instruction 1’s reference essential to the Commission in believes that $250,000 is the appropriate to manufactured gas revenues; (2) the determining the yearly effects of federal threshold level for this information. deletion of instruction 2 defining and local taxes on the costs of pipeline Undelivered Gas Obligations Under natural gas; (3) the deletion of operations. To only report the type of Sales Agreements—Pages 270 and 271 instruction 3 and present columns (f) tax without any breakdown by year or and (g) concerning average number of local jurisdiction would render the The Commission is deleting this natural gas customers per month; (4) the information practically useless for schedule because it is not needed for deletion of instruction 4 with respect to analysis or analytical purposes. The Commission regulatory purposes. Mcf and therms; (5) the revision of Commission will permit the grouping of INGAA supports deleting this instruction 5 to eliminate the reference items under $250,000. schedule. But the APGA would retain it to columns (c), (e), and (g); (6) the because it has vestigial value about deletion of instruction 6 concerning Investment Tax Credits Generated and changes in a pipeline’s business. The commercial and industrial sales; (7) the Utilized—Pages 264 and 265. Commission does not believe that revision of instruction 7 to read, on page The Commission is deleting this vestigial value supports the burden of 108, include information on major schedule because it is not needed for reporting this information. changes during year, new service, and Commission regulatory purposes. Accumulated Deferred Income Taxes— important rate increases or decreases;’’ INGAA supports this deletion. But the Accelerated Amortization Property (8) the addition of new instruction 2 to APGA would retain this schedule (Account 281)—Pages 272 and 273 provide that revenues for transition because the information has vestigial costs include transition costs from value about changes in a pipeline’s The Commission is deleting this upstream pipelines; 57 (9) the addition of business. The Commission does not schedule because it is not needed for new instruction 3 to provide that other believe that vestigial value supports the Commission regulatory purposes. revenues in columns (f) and (g) include burden of reporting this information. INGAA supports deleting this reservation charges received by the schedule. But the APGA would retain it pipeline plus usage charges less Accumulated Deferred Investment Tax because it has vestigial value about Credits (Account 253)—Pages 266 and revenues reflected in columns (b) changes in a pipeline’s business. The 58 267 through (e); (10) the addition of a new Commission does not believe that instruction 6 with respect to reporting The Commission is deleting this vestigial value supports the burden of the revenue of bundled transportation schedule because it is not needed for reporting this information. and storage service as transportation Commission regulatory purposes. Accumulated Deferred Income Taxes— service revenue; (11) the revising of INGAA supports deleting this operating revenues in columns (b) and schedule. But the APGA would retain Other Property (Account 283)—Pages 276 and 277 (c) to revenues for transition costs and this schedule because the information take-or-pay costs, (12) the deletion of has vestigial value about changes in a The Commission proposed no change lines 2–12 and 28–32, which provide for pipeline’s business. The Commission to this schedule. does not believe that vestigial value INGAA would make the format 57 For example, Order No. 636 transition costs. supports the burden of reporting this consistent with pages 274 and 275. In 58 The respondent must include in columns (f) information. the Form No. 2 appendix in the final and (g) revenues for Accounts 480–495. 53040 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations the reporting of sales revenues; (13) the revenues and volumes by state is no outside of the context of a rate addition of lines to show separately gas longer needed for Commission proceeding. The Commission believes sales revenues, 59 and transportation regulatory purposes because with that it has thus addressed INGAA’s revenues associated with gathering, unbundling those sales are now concernabout providing customer data transmission, and distribution facilities, unbundled and occur in the production and its concern that pipelines may not and revenues from storage services; and area rather than in the market area. know the exact delivery point from a (14) added columns for GRI and ACA In response to the comments, 61 the multi-point contract, and will have to revenues, other revenues, and total Commission is combining into a single make an arbitrary allocation to a state. operating revenues and dekatherms of schedule the NOPR’s proposed The Commission will discuss further natural gas, each for the current schedules on pages 302–304 and 312(b) here only those comments specific to reporting year and the previous year. 60 and 313(b) to eliminate redundant gathering. Comments applicable to The Commission’s main reason for reporting. However, the Commission is gathering and also to other services will adopting these changes is to recognize not, as suggested by some be addressed below in the discussion of that pipelines now receive most of their commenters, 62 combining these the transportation schedule. revenues from transportation and not proposed schedules and the schedule on Columbia maintains that gathering sales. Hence, the breakout of pages 300–301 into a single schedule. revenues should be reported by state of information by types of sales is not The Commission believes it convenient receipt into the system. As stated above, needed. The Commission is breaking for gathering, transportation, and storage the Commission is requiring reporting out Account 489 into four new accounts data to be reported on their own by zone of receipt into the pipeline’s (Accounts 489.1—489.5) as discussed schedules. system. above. The Commission does not agree with Panhandle and ANR that these should Revenues from Transportation of Gas of INGAA maintains that gathering Others Through Transmission Facilities quantities should not be included in only be one schedule with only 63 (Account 489.2)—Pages 304 and 305 total throughput columns (l) and (m), summary totals. Such limited because they may also be reported as information is not adequate for In the new Revenues from transmission. It seeks clarification regulatory purposes. Transportation of Gas of Others Through whether dekatherms are to be reported In the new Revenues from Transmission Facilities and Dth in millions. It seeks clarification that Transportation of Gas of Others Through Transported Schedule, the pipeline ‘‘other’’ revenues includes only the Gathering Facilities Schedule, the would have to report its revenues by pipeline’s transition or take or pay costs pipeline will have to report its revenues zone of delivery and by rate schedule. and not those of upstream pipelines. It by zone of receipt and by rate The pipeline would have to report for schedule. 64 The pipeline would have to seeks clarification that GSR costs both the current and previous year its report for both the current and previous included in interruptible rates need not revenues for transition costs, and take- year its revenues for transition costs and be reported separately. Commission or-pay costs, revenues for GRI and ACA, take-or-pay costs, revenues for GRI and 67 response: other revenues, and total operating ACA, other revenues, 65 and total The Commission has not provided for revenues, and its Dth of gas delivered. operating revenues, and its Dth of gas totals in the dekatherm columns to The Commission believes that this delivered. 66 The Commission believes avoid double counting. Dekatherms are reporting reflects the current unbundled that this schedule will provide the to be reported in units rather than in environment’s emphasis on information needed with respect to millions. As stated above, upstream transportation for others. gathering to obtain a good description of pipeline transition and take-or-pay costs The Commission has deviated from the pipeline’s activities in the are to be included in revenues in the NOPR by requiring reporting by unbundled environment. columns (b) and (c). Last the allocated zone of delivery and by rate schedule The Commission has deviated from rather than by state of delivery by portion of GSR costs for interruptible the NOPR by requiring reporting by rates should be included in columns (b) customer and by rate schedule as in the zone of receipt and by rate schedule NOPR’s proposed transportation and (c) and not separately reported. rather than by state of delivery, by AGD maintains that the Commission schedules. The Commission believes customer, by rate as in the NOPR’s should require pipelines to show that reporting by zone of delivery and proposed gathering schedules. The revenues by month to avoid standard by rate schedule will provide the Commission believes that reporting by data requests in rate cases for that appropriate information needed for zone of receipt and by rate schedule will information. The Commission regulatory purposes without undue provide the appropriate information concludes that such reporting would be burden on the pipeline industry. The needed for regulatory purposes without unduly burdensome because it is too Commission does not believe that such undue burden on the pipeline industry. detailed for reporting purposes. customer information is necessary The Commission does not believe that outside of the context of a rate Revenues from Transportation of Gas of such customer information is necessary proceeding. The Commission believes Others Through Gathering Facilities that it has thus addressed INGAA’s (Account 489.1) and Dth Gathered— 61 E.g., Columbia. concern about providing customer data, 62 Pages 302 and 303 E.g., INGAA. including its concern about the 63 CNG maintains that dekatherm does not equal The Commission is replacing the throughput. Dekatherms is an appropriate and difficulty of complying with the NOPR’s schedule ‘‘Distribution Type Sales by recognized way to measure deliveries even though customer-data requirement for some States’’ with several new schedules. The it does not measure volumes. Most pipelines’ rates pipelines. The Commission also current schedule, which reflects are based on dekatherms. observes, as did INGAA, that Form EIA– 64 If a pipeline has no rate schedule, it should residential, commercial, and industrial report by rate. 176 collects state information which, in 65 Other revenues include reservation charges any event, is not of use to the 59 The proposed new sales line includes Accounts received by the pipelines plus usage charges, less 480–84 which are now reported on lines 2–12. revenues reflected in columns (b) through (e). 67 Other revenues include reservation charges 60 Penalty revenues are to be reported on page 66 As suggested by INGAA, the Commission has received by the pipeline plus usage charges, less 308, Other Gas Revenues. eliminated duplicative column (a). revenues reflected in columns (b) through (e). Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53041
Commission. The Commission further revenues, and the Dth withdrawn from transaction. This is lieu of the observes that both the NGSA and AGD storage. $1,000,000 threshold suggested by support reporting by zones. 68 The Commission believes that this Columbia, which will exclude INGAA also submits that schedule will provide the information meaningful data. As suggested by transportation quantities appear to needed with respect to unbundled INGAA and by Columbia, the pipelines require gathering quantities to be storage to obtain a good description of need not report the customer names included in transportation totals and the pipeline’s activities in the with respect to the transactions. since gathering system quantities will unbundled environment. NGSA maintains that base and already be included in transmission The Commission has deviated from surcharge revenues should be separately deliveries, gathering should not be the NOPR by requiring reporting by rate stated. The Commission sees no need added to other quantities. CNG also schedule rather than by rate schedule by for base and surcharge revenues for maintains that gathering is included in customer as on the NOPR’s proposed these transactions to be separately transportation. As clarified with respect schedules. The Commission believes reported, and so will not adopt NGSA’s to pages 300 and 301, these quantities that reporting by rate schedule will suggestion. provide the appropriate information are not totalled to avoid double Sales of Natural Gas—Pages 306 needed for regulatory purposes without counting. Through 309 The Commission has not expanded undue burden. INGAA contends that the coverage of the schedules as storage revenues are not tied to The Commission is deleting this proposed by some commenters. NGSA withdrawals and Columbia asks why schedule, entitled ‘‘Field and Main Line maintains that reporting should be by storage injections as well as storage Industrial Sales of Natural Gas,’’ and is customer type, with MDQ levels, withdrawals are not included. The not adopting the sales of natural gas demand and commodity volumes, Commission is not tying the reporting of schedule proposed in the NOPR. discount information, and base and storage revenues by withdrawals. The Commission is so acting because surcharge revenues. AGD submits that Rather, all revenues received for storage the proposed schedule would have released proprietary information revenues and volumes reporting should during the reporting year must be (customer names as maintained by be reported by rate schedule by zone of reported. The Commission has required INGAA). delivery (not state), and should include Dth reporting by withdrawals because with short-term firm transportation. withdrawal completes the storage cycle Sales for Resale—Natural Gas (Account APGA enthusiastically supports pages and such information should be 483)—Pages 310 and 311 adequate for regulatory purposes. The 312 and 313, especially transportation The Commission is deleting this throughput as solely needed. It would Commission rejects Columbia’s schedule because the level of detail add details on contracts of less than one contention that small customers (less reported is not needed for Commission year as well as contracts of one year and than 1 million Dth) should be regulatory purposes. longer (revenues and volumes). combinedbecause this would limit the INGAA supports the deletion of these DOE maintains that the Commission reporting of meaningful information. pages. should require the pipelines to provide Residential and Commercial Space a menu of service categories; 69 an Sales of Products Extracted From Heating Customers and Interruptible, Natural Gas (Account 490)—Page 315 additional field to denote type of Off-Peak, and Firm Sales to Distribution customer, along with standardized System Industrial Customers—Page 305 The Commission is deleting this customer numbers; mileage information; schedule because the level of detail and totals by state and by type of The Commission is deleting this page reported is not needed for Commission service. because it is not needed for Commission regulatory purposes. The Commission believes the above regulatory purposes. Revenues From Natural Gas Processed suggestions would be unduly INGAA supports deleting this page. by Others (Account 491)—Page 315 burdensome in light of the limited use But the APGA would retain it because of the information for regulatory it has vestigial value about changes in The Commission is deleting this page, purposes. a pipeline’s business. The Commission as suggested by INGAA, because the does not believe that vestigial value level of detail reported is not needed for Revenues from Storing of Gas of Others supports the burden of reporting this Commission regulatory purposes. (Account 489.4)—Pages 306 and 307 information. Gas Operations and Maintenance In the new Revenues from Storing of Other Gas Revenues (Account 495)— Expenses—Pages 317–325 Gas of Others schedule, the pipeline Page 308 would have to report its revenues and No changes were proposed to this Dth of gas withdrawn from storage by The Commission is adopting new schedule. However, the Commission is rate schedule. The pipeline would have schedule ‘‘Other Gas Revenues (Account adding instruction 2 that requires to report for both the current and 495)’’ for the reporting of a variety of respondents provide in footnotes the previous year its revenues from other gas revenues, such as revenues source of the index used to determine transition costs and take-or-pay costs, from dehydration and gains on the price of gas supplied by shippers as revenues from GRI and ACA, other settlements of imbalances. The reflected on line 75 on page 319. In revenues,70 and total operating Commission is not requiring the addition, the Commission is inserting reporting of revenues from associated on line 66 the heading ‘‘D—Other Gas 68 As suggested by Transco, the Commission has companies as proposed in the NOPR. Supply Expense.’’ Further, consistent deleted the requirement that revenues be reported The Commission is requiring the with our discussion of the revision of in millions. reporting of penalty revenues on the page 322 of Form No. 2–A, the 69 E.g., short-term firm transportation and released schedule and is requiring the separate Commission will revise line 145 to read firm transportation. reporting of revenues from cash-out ‘‘Total Maintenance (Total of lines 136 70 Other revenues include reservation charges deliverability charges, injection and withdrawal penalties. through 144)’’. charges, less revenues reflected in columns (b) The Commission has adopted a Last, the Commission, as suggested by through (e). threshold of $250,000 for each Panhandle, is deleting the section 53042 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations entitled ‘‘Number of Gas Department Transmission and Compression of Gas ‘‘Section B.’’ The Commission has made Employees’’, because it is irrelevant to By Others (Account 858)—Pages 332 that correction. the reporting of the distribution of and 333 Depreciation, Depletion, and salaries and wages. The Commission is replacing Mcf Amortization of Gas Plant (Continued)— Exploration and Development Expenses with Dth, deleting current columns (b)– Page 338 (Accounts 795, 796, 798) (Except (f), and requiring the reporting of Dth of Abandoned Leases, Account 797)—Page gas delivered in new column (b). This The Commission is revising the 326 will eliminate the reporting of the headings to column (b) to read ‘‘Plant distance gas is transported and revenue Base (thousands)’’ and column (c) to The Commission is deleting this information. The continuation page 333 read ‘‘Applied Depreciation or schedule because it is not needed for is deleted. Amortization Rates (Percent).’’ Commission regulatory purposes. INGAA supports the above-describe INGAA supports this revision. INGAA supports deletion of this revisions. schedule. Income From Utility Plant Leased to Other Gas Supply Expenses (Account Others (Account 412 and 413)—Page Abandoned Leases (Account 797)—Page 813)—Page 334 339 326 The Commission is requiring that The Commission is deleting this The Commission is deleting this respondents report maintenance schedule because it is not needed for schedule because the information will expenses, the revaluation of monthly be reported on page 213. Commission regulatory purposes. encroachments recorded in Accounts INGAA supports the deletion of this INGAA supports deletion of this 117.4, losses on settlements of schedule. schedule. imbalances and gas losses not associated Gas Purchases (Accounts 800, 800.1, with storage, separately. In addition, Particulars Concerning Certain Income 803, 804, 804.1 805, 805.1)—Page 327 individual items of $250,000 or more Reductions and Interest Charges are to be listed separately. The NOPR Accounts—Page 340 The Commission is deleting this proposed a threshold of $25,000, but, as schedule and is not adopting the INGAA maintains, this would lead to The Commission is raising the NOPR’s proposed Gas Receipts the unnecessary reporting of detail. threshold for the grouping of items from schedule. Those schedules are not $10,000 to $250,000, as opposed to the needed for Commission regulatory Miscellaneous General Expenses $25,000 threshold proposed by the purposes and needed information is (Account 930.2) (Gas)—Page 335 NOPR. reported elsewhere in Form No. 2 (pages The Commission is dividing Line No. Regulatory Commission Expenses 317 and 520 and 521). 2 (Experimental and general research (Account 428)—Pages 350 and 351 Exchange and Imbalance Transactions— expenses) into (a) Gas Research Institute Page 328 (GRI) expenses and (b) other expenses. The Commission is changing the In addition, the Commission is raising account number reference in the The Commission is revising this the thresholds from $5,000 to $250,000, headings to columns (e), (i) and (l) from schedule differently from the revision rather than the $25,000 threshold 186 to 182.3, and replacing instruction proposed in the NOPR. This schedule proposed by the NOPR. 4 on page 351, which references (on one page only) will require details INGAA supports the above-described Account No. 186, with ‘‘4. Identify concerning gas quantities and related changes, but would delete the separately all annual charge adjustments dollar amounts of net annual requirement that the number of items (ACA).’’ In addition, the Commission is imbalances by zone and rate schedule. grouped be shown because this raising the threshold for minor items Unlike the NOPR proposal, the instruction adds no value to the report. from $25,000 to $250,000, as opposed to Commission is not requiring reporting The Commission disagrees with the the $50,000 threshold proposed by the by customer or transaction or by point comment that reporting the number of NOPR. of receipt or delivery. This will ease the items grouped adds no value to the Columbia would delete columns (e) burden on the pipelines and the report. This number puts the grouped through (l) because they contain schedule will still garner useful data. item into perspective and facilitates redundant information that offer little However, the Commission is retaining analysis. Therefore, the instruction to benefit or useful information. the threshold of 100,000 Dth for the report the number of items grouped will The Commission disagrees with grouping of minor transactions, rather remain as part of line 4. than increasing the threshold to Columbia. The information reported in 1,000,000 Dth as proposed by INGAA, Depreciation, Depletion, and these columns enables the Commission because the 100,000 Dth level provides Amortization of Gas Plant (Accounts staff to obtain a more complete picture more meaningful information. 403, 404.1, 404.2, 404.3, 405) (Except of the amounts and types of regulatory Amortization of Acquisition expenses that have been incurred during Gas Used In Utility Operations—Page Adjustment)—Pages 336 and 337 the year, as well as information on the 331 The Commission is deleting amounts amortized from prior years. The Commission is striking ‘‘Credit instruction 2 to report information Research, Development, and (Accounts 810, 811, 812)’’ from the title, called for in Section B every fifth year Demonstration Activities—Pages 352 is replacing Mcf with Dth, and deleting after 1974 and is inserting the words and 353 part of Instruction 1 and all of ‘‘ and amortizable’’ in the first line of instructions 2, 3 and 5 concerning the new instruction 2 after the word The Commission is deleting this definition of natural gas and Mcf ‘‘depreciable.’’ schedule because it is not needed for reporting. INGAA supports the above-described Commission regulatory purposes. INGAA supports the above-described revisions. It states that instruction No. 2 INGAA supports the deletion of this revisions. should be corrected by inserting schedule. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53043
Distribution of Salaries and Wages— Natural Gas Production and Gathering others, as well as information about Page 354 Statistics—Page 506 particular operations (page 513). INGAA supports the above-described The Commission is deleting this The Commission proposed no change revisions. AGD would require reporting schedule because it is not needed for to this schedule. by field, not in the aggregate, with a Commission regulatory purposes. INGAA and Columbia maintain that showing of actual withdrawal capacity INGAA supports the deletion of this his schedule should be deleted because when full and when top gas is depleted schedule. the information reported is required (first and last day of deliveries) and only for NGA section (4) rate filings. Products Extraction Operations— corresponding injection capability at the The Commission is retaining this Natural Gas—Page 507 same points. The Commission believes that by retaining this schedule in most schedule because it provides useful The Commission is deleting this part, the industry will be provided with information for regulatory purposes, schedule because, as INGAA observes, adequate information. The reporting including use in evaluating rate filings this information is similar to deleted requirement on this page has always under NGA section 4(e). pages 500–506. been in the aggregate and not by field or Charges for Outside Professional and Compressor Stations—Pages 508 and by account and is not a new Consultative Services—Page 357 509 requirement. AGD’s suggestions would The Commission is raising the The Commission is replacing the require the company to report in such threshold from $25,000 to $250,000, as reporting of number of employees in detail that it would be extremely labor- suggested by INGAA and Panhandle, as column (b) with a report of the number intensive. Therefore, the Commission opposed to the $50,000 threshold of compressor stations and the will not adopt the suggestion. proposed by the NOPR, is deleting the horsepower of each station and is Transmission Lines—Page 514 requirement for the consultant’s redesignating the remaining columns. In address, and is deleting other details DOE suggests standardizing the addition, gas for compressor fuel would method for describing or identifying the about charges and contracts. The be reported by Dth rather than by Mcf. Commission is also adding columns (a) various transmission lines so that The Commission agrees with INGAA shippers will be able to reconcile ‘‘Description’’ and (b) ‘‘Amount (in that reporting will be less burdensome dollars).’’ information from various sources to and data will be more useful if pipelines arrange more efficiently for INGAA would require only the report horsepower by compressor transportation service. DOE also consultant’s name and related payment. station, rather than by unit as proposed suggests that each line should agree Columbia would eliminate much of the by the NOPR. with the Form No. 567 map information. information as it is in an NGA section AGD would require reporting The Commission concludes that 4(e) filing. The Commission believes it certificated horsepower and available DOE’s proposals would be unduly relevant for regulatory purposes to horsepower at the end of the period, if burdensome for Form No. 2 reporting in obtain the required information. If a different. that they serve no regulatory purpose. respondent does not make such a filing, The Commission has not previously the Commission would not have this required the reporting of available Liquefied Petroleum Gas Operations— information. horsepower in Form No. 2. If a pipeline Pages 516 and 517 The APGA would retain the $25,000 cannot operate at its certificated The Commission is deleting this threshold. The Commission believes the horsepower, it should file to amend its schedule because it is not needed for current threshold is too low in today’s certificated horsepower to whatever Commission regulatory purposes. environment. level it has currently available. INGAA supports the deletion of this schedule. Natural Gas Reserves and Land Gas and Oil Wells—Page 510 Acreage—Pages 500 and 501 The Commission is deleting this Transmission System Peak Deliveries— Page 518 The Commission is deleting this schedule because it is not needed for schedule because it is not needed for Commission regulatory purposes. The Commission is replacing Mcf Commission regulatory purposes. INGAA supports the deletion of this with Dth and is requiring the reporting INGAA supports the deletion of this schedule. of deliveries of gas to interstate schedule. pipelines, deliveries to others, and of Field and Storage Lines—Page 511 total deliveries. The Commission also is Changes in Estimated Gas Reserves— The Commission is deleting this deleting the information with respect to Page 503 schedule because it is not needed for the second and third highest peak day Commission regulatory purposes. deliveries and the section, Highest The Commission is deleting this INGAA supports the deletion of this Month’s System Deliveries. Single peak schedule because it is not needed for schedule. day and consecutive three-day peak Commission regulatory purposes. deliveries will be reported by various Gas Storage Projects—Pages 512 and 513 INGAA supports the deletion of this services and activities. The schedule. The Commission is not deleting page differentiation between jurisdictional Changes in Estimated Hydrocarbon 512 or substantially revising page 513 as and non-jurisdictional deliveries will be Reserves and Costs, and Net Realizable proposed in the NOPR because the eliminated as no longer pertinent with Value—Pages 504 and 505 Commission is deleting Form No. 8 with unbundling. The Commission is adding respect to storage. The Commission is lines with respect to no-notice The Commission is deleting this retaining the information required by transportation and storage services. schedule because it is not needed for this schedule about storage operations INGAA maintains that this amount of Commission regulatory purposes. for gas delivered to storage, gas detail on peak day deliveries proposed INGAA supports the deletion of this withdrawn from storage with regard to by the NOPR is not justified. It submits schedule. respondent’s gas, and gas belonging to that pipelines should report only single 53044 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations peak and consecutive 3-day peak for transmission lines be colored in red, if 2 pages as proposed in the NOPR and total system deliveries. The Commission they are not otherwise clearly indicated. the renumbering of Form No. 2–A pages. has reduced the reporting to firm, INGAA supports the above-described Freeport also agrees with the proposed interruptible, and other to reduce the clarification and elimination. Panhandle change to 18 C.F.R. section 260.2 on burden and retain adequate information would incorporate the System Flow who must file Form No. 2–A. for regulatory purposes. Map from Form 567 into page 522 and INGAA submitted specific comments DOE proposes that short-term firm eliminate Form 567 because the system on the proposed Form No. 2–A pages. transportation and released firm flow Map provides a more detailed map. INGAA’s comments for the proposed transportation be reported because they Columbia asks for clarification about Form No. 2–A pages 110–111, 112–113, merit monitoring as important incremental facilities. 114, 115–116, 120–121, 122–123, 212, alternatives to interruptible service. The Commission rejects Panhandle’s 213, 300–301, 327 and 520–521 are The Commission does not currently request to substitute the System Flow identical to the comments it submitted require this information to be reported Map because the Form No. 2 map for the proposed changes to the same in Form No. 2, and to do so would provides useful information, such as Form No. 2 pages; therefore, there is no unduly increase the reporting burden on geographical information, that is not reason to repeat them here. For the pipelines. In addition, the deliveries on shown on the System Flow Map. The reasons discussed in the changes to peak days may not be representative of Commission clarifies that only major Form No. 2, the Commission will adopt, released and short-term transportation incremental facilities should be shown for those Form No. 2–A pages, the same service on a pipeline. on this map. changes that the Commission adopted in this final rule for Form No. 2. Auxiliary Peaking Facilities—Page 519 Index—Pages 1–4 INGAA suggested the following The Commission is replacing Mcf The Commission is revising the index revisions to the following proposed with Dth. to reflect the above changes. Form No. 2–A pages: INGAA supports this revision. B. Revisions to Form No. 2–A Statement of Retained Earnings for the Gas Account-Natural Gas—Page 520 At present, a Nonmajor natural gas Year—Pages 118–119 The Commission is revising this company must submit Form No. 2–A. INGAA agrees with the proposal to schedule differently from the schedule The respondent is required to submit require reporting of current year and proposed in the NOPR. The salient designated pages reflecting data previous year data and to delete changes are the reporting of gas designed for Nonmajor natural gas instruction 8. It suggests that, on NOPR purchases and gas sales on single lines companies in the Uniform Systems of page 118–a, line 38 (now 36) be and the reporting of gas received and Account. However, if the respondent corrected to read ‘‘Balance—End of year delivered according to the revisions to maintains the ‘‘Major’’ designated (Enter total of lines 1, 9, 15, 16, 22, 29, the Uniform System of Accounts accounts, it may substitute certain pages 36 and 37)’’. adopted in this rule (e.g., Accounts from Form No. 2. The Commission is The Commission agrees with INGAA’s 489.1–489.4). The revised schedule no requiring Nonmajor respondents to suggested change and will adopt it as longer requires the reporting of the submit only Form No. 2 pages as their modified, for line 36 page 118 of the information required by NOPR lines 7– Form No. 2–A report. In addition, the Form No. 2–A. 13, as suggested by INGAA and Commission is replacing Mcf with Dth Gas Plant in Service—Pages 204–209 Columbia. and revising the instructions, including The Commission also is revising CPA certification as discussed above for No changes were proposed to these instruction 1 to exclude the reference to Form No. 2. A sample copy of the pages. INGAA suggests that the pages be consideration of pressure bases in revised Form No. 2–A is attached as revised to indicate which lines are used measuring Mcf of natural gas and is Appendix C. for totals and that lines 114, 115 and replacing Mcf with Dth in instruction 3 The revised Form No. 2–A will 116 on page 209–a should be on page and column (c) on pages 520 and 521. consist of instructions, identification, 209. INGAA recommends the inclusion of attestation, and list of schedules (pages The Commission agrees with INGAA’s definitions for exchange gas received i and ii and 1 and 2), the following suggested change to indicate which and delivered, and clarification that pages from Form No. 2: 107, 110–122, lines are used for totals and will adopt gathering sales and purchased volumes 204–209, 212, 213, 219, 300, 301, 317– the following modifications: (1) Line 5 are not to be added to the totals. 325, 520, 551, and the following pages will read ‘‘TOTAL Intangible Plant’’; (2) Columbia seeks clarification of the from current Form No. 2–A as line 26 will read ‘‘TOTAL Production relationship between imbalances and renumbered: 26 as 211, 16 as 232, 19 as and Gathering Plant’’; (3) line 36 will other to pages 328 and 329. 250, and 20 as 278. read ‘‘TOTAL Products Extraction Exchange gas received or delivered In addition, the Commission is Plant’’; (4) line 37 will read ‘‘TOTAL should be reported in light of the revising the definition of Nonmajor as Natural Gas Production Plant’’; (5) line Exchange Gas Transactions schedule, follows: ‘‘Nonmajor means having 39 will read ‘‘TOTAL Production page 328. Gathering sales and purchased annual gas sales or volume transactions Plant’’; line 54 will read ‘‘TOTAL volumes should be added to totals exceeding 200,000 Dth in each of the Underground Storage Plant’’; (6) line 65 because this is a balance sheet item for three previous calendar years and not will read ‘‘TOTAL Other Storage Plant’’; the year of activity and those volumes classified as ‘Major’.’’ This comports (7) line 75 will read ‘‘TOTAL Base Load are needed to balance the gas account. with the changes to section 260.2 of the Liquefied Natural Gas, Terminating and Last, the lines for imbalances and other Commission’s regulations to include the Processing Plant’’; (8) line 76 will read have been deleted. minimum filing threshold for filing ‘‘TOTAL Natural Gas Storage and Form No. 2–A and to state the minimum Processing Plant’’; (9) line 86 will read System Maps—Page 522 filing threshold on a dekatherm basis. ‘‘TOTAL Transmission Plant’’; (10) line The Commission is clarifying the INGAA supports the Commission’s 102 will read ‘‘TOTAL Distribution information to be shown on the maps proposal to adopt, for Form No. 2–A Plant’’; (11) line 114 will read and is eliminating the requirement that reporting purposes, the use of Form No. ‘‘Subtotal’’; (12) line 116 will read Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53045
‘‘TOTAL General Plant’’; (13) line 117 the data collected in the Form No. 11 would be reduced, without sacrificing will read ‘‘Total (Accounts 101 and and the Form No. 2, as revised, is more the usefulness of the information, if the 106)’’; (14) line 121 will read ‘‘TOTAL consistent. This consistency will second semi-annual report was Gas Plant in Service,’’ and (15) various improve the usefulness of the data incorporated as part of the Form No. 2, existing lines will be renumbered. collected by the Commission. and the information was compiled With regard to INGAA’s suggestion In the NOPR, the Commission quarterly, rather than monthly. The that lines 114–116 be moved to page essentially proposed to: (a) Reduce the Industrials oppose semi-annual filings, 209, this problem will be solved when monthly reporting requirement to a and urge the Commission to require the Form No. 2–A is type-set for semi-annual reporting of monthly data; monthly filing. They argue availability printing; accordingly these lines will (b) remove or consolidate certain of this information on a monthly basis actually appear on page 209 when the portions of the Form No. 11; (c) collect helps customers and others determine Form No. 2–A is printed for the Form No. 11 data in the same when and whether settlements on distribution. general format as proposed in Form No. throughput or for interim rates are 2; and (d) make certain other appropriate. NI-Gas, on the other hand, Gas Operation and Maintenance miscellaneous changes throughout Expenses—Pages 320–325 does not object to semi-annual filing, many parts of the Form. After reviewing but urges continued reporting of No changes were proposed to these the comments received on the Form No. monthly data (which is, in fact, what pages. INGAA suggests that the page 322 11 proposal, set forth below, the was proposed by the NOPR). be revised to correct line 145 to read Commission is adopting a Form No. 11 NGSA recommends that the Form No. ‘‘Total Maintenance (Enter Total of lines that is significantly less burdensome in 11 reflect volumes and revenues by rate 136 through 144).’’ detail than that proposed in the NOPR.71 category used by the pipeline. Further, The Commission agrees with INGAA’s As discussed infra, the Commission is it would like revenues to be reported by suggested change and will adopt it requiring that the simplified Form No. rate schedule, month, and rate category, except for the Word ‘‘Enter.’’ 11 monthly data be submitted quarterly, separately showing base rate revenue In addition, the Commission has rather than semi-annually as proposed, and revenue from each surcharge. DOE revised the instructions to the following or monthly, as it is currently filed. Thus, uses Form No. 11 data in several pages. throughout the Form No. 11, we are publications. It suggests that rate changing the title of the Form No. 11 to General Information on Plant and schedule information be enhanced with ‘‘Natural Gas Pipeline Company Operations—Page 211 a description to indicate the different Quarterly Statement of Monthly Data.’’ elements of service that are included. The Commission has deleted The Commission is also modifying Form DOE suggests the following instruction 3 which required the No. 11 to substantially reduce the data classifications: reporting of information related to the collected by the form. For example, local distribution of natural or mixed Form No. 11 will collect only data on No-notice transportation Balancing gas at the retail level. volumes and revenues; we are Firm transportation eliminating the reporting of all expense Capital Stock Data—Page 250 Storage and transportation (firm) data in the Form No. 11. The Commission has added a Storage and transportation descriptive instruction and revised 1. Comments (interruptible) stylistically the existing instruction for KN suggests combining Form No. 11 Incremental this page. with Form No. 2, while INGAA and Interruptible transportation CNG recommend eliminating Form No. Short-term transportation C. Revisions to Form No. 11 11. In support, INGAA and CNG argue Released firm transportation Natural gas pipelines are required to the information is already collected in Other file with the Commission the FERC Form No. 2. Further, they argue that The Industrials suggest a breakout by Form No. 11, which is a monthly consolidating the monthly reports into at least long-term firm (one-year or statement setting forth certain volume, two semi-annual reports does not more), short-term firm (less than a year), revenue, and expense data. The reduce the reporting burden. INGAA and interruptible transportation; it states Commission is modifying Form No. 11 states the annual industry reporting that the proposed requirement for to accomplish three different purposes. burden for a semi-annual Form No. 11 reporting by rate schedule fails to First, the Commission is modifying would be 6,600 hours, compared to the capture short-term firm service. Form No. 11 to reduce the reporting Commission’s estimate of 920 hours. DOE also asserts the value of Form burden on the pipelines, since certain Finally, INGAA states that the semi- No. 11 data could be enhanced by the existing portions are no longer annual data would be filed too late to be inclusion of common codes and necessary. Second, Form No. 11 is being used as industry indicators, and too standardization. The data in Form No. modified to reflect the reduced incomplete to provide an adequate 11 should be easily accessible (and emphasis on sales service, and the picture of pipeline operations or downloadable) on a friendly bulletin greater emphasis on transportation and financial performance. board system which provides access to storage services. As explained in the Several commenters support the the general user community. INGAA NOPR, as a result of the restructuring of continuation of Form No. 11, but makes the following specific suggestions the interstate pipeline industry under suggest changes to the proposed Form if the Commission chooses to retain Order No. 636, the pipeline’s sales No. 11. Panhandle believes that the Form No. 11: business is declining while the required level of preparatory effort • Make the reporting in Form No. 11 pipeline’s transportation and storage consistent with Form No. 2 by changing business is increasing in relative 71 Revised Form No. 11 is attached as Appendix instructions to indicate that all storage importance. Much of Form No. 11 was D. Appendix D is not being published in the service revenues should be reported on Federal Register, but is available from the geared towards the collection of sales- Commission’s Public Reference Room and on the lines 15–17 and that withdrawal related data. Third, the Commission is Commission’s Gas Pipeline Data Bulletin Board quantities related to those storage modifying Form No. 11 to ensure that System. services also be included on those lines. 53046 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Remove language that indicates that monthly data will be reported quarterly. General Information and General injection and withdrawal revenues The request that data be filed monthly Instructions should be reported on lines 46 and 47. will be denied. The quarterly filing General Information section I • Eliminate requirements to provide requirement ensures more accuracy in (Purpose) is revised to reflect the breakouts of revenue and quantities for the data filed. It also balances the need elimination of the collection of expense services to interstate pipelines. for timely data against the burden of • data as a purpose. General Information Correct the instruction for line 32 to filing. Since the monthly character of refer to lines 30 and 31, not 22 and 23. section II (Who Must Submit) is • the data is being retained, we will not modified to exclude gas sold for resale Add an instruction for line 42 to combine Form No. 11 with Form No. 2. require the reporting of the estimated from the calculation for determining total project cost of all of the projects Several commenters ask that the data which gas companies must submit the that started construction during the be reported under additional Form No. 11. It is also modified to reporting period that are estimated to classifications or in more detail. The change the requirement to comply to individually cost at least $5,000,000. Commission will continue to require the those gas companies whose gas data in Form No. 11 be reported on the transported or stored for a fee exceeded 2. Commission Ruling same basis as in Form No. 2 to maintain 50 million Dth in each of the three The Commission is sensitive to the consistency. DOE requests that we previous calendar years, rather than in concerns of the commenters that the require the pipelines to list the nature only the previous calendar year, as the proposed Form No. 11 filing of the service provided, e.g., no-notice current Form No. 11 requires. General requirement places a burden on the transportation, firm transportation, Information section III (When to pipeline companies. Therefore, we have balancing, etc. Many of the Submit) is changed to require that the carefully reconsidered the need for the classifications requested can be Form No. 11 be filed quarterly. This data in the Form No. 11. We will not determined by the rate schedule section also sets forth a reporting accede to the pipelines’ wish that the specified. The nature of the service schedule. Each quarterly report is due Form No. 11 be eliminated. We are provided under each rate schedule is 45 days after the end of the three-month adopting a requirement to file monthly reported in the tariff. The tariffs are period being reported. Currently, the data quarterly. However, we are available for downloading, together with monthly reports are due 40 days after substantially reducing the monthly data the appropriate software, from the the end of each month being reported. required by this form from the previous Commission’s bulletin board system. Finally, General Information section IV requirements and the requirements (What and Where to Submit) is changed The Commission will adopt the proposed in the NOPR. to delete reference to the Commission’s Proposed Parts III Income Data, IV detailed revenue reporting requested by street address for the filing of the Form Other Selected Data, and V Operation NGSA. The Form No. 2 separates No. 11. and Maintenance Expense, will be revenues into a column for transition General Instruction I is revised to deleted. Part II Revenue Data is being costs and take-or-pay, a column for GRI require consistency between the data retained. The information collected in and ACA surcharges, and a column for filed on Form No. 11, and the data filed Part II, Revenue Data, is the most other revenues (See Account No. 489). with Form No. 2. It is the intent of the fundamental information about the We adopt this structure for revenue Commission to be able to compare the pipeline industry—the amount of gas reporting in Form No. 11. aggregation of twelve months of sold, transported, and stored. The DOE’s suggestion that the data be information submitted on the Form No. Commission continues to need, and will standardized has merit. The 11 with data filed on the Form No. 2. make use of, this basic information to Commission wants the data from Comparisons with the Form No. 2 data fulfill its responsibility to oversee the various sources to be interrelational. may require aggregation of the Form No. gas pipeline industry. Contrary to That is, the data from one source should 2 data as well. INGAA’s assertion, the Form No. 11 and be capable of being linked with data There is no change to General Form No. 2 data do differ. The Form No. from another source. By providing for Instruction II, specifying the use of 11 collects monthly data allowing the linkage of data from different parentheses to indicate negative aggregation of data for any 12-month sources, the Commission can avoid amounts. period, while Form No. 2 collects data duplicative reporting requirements. To The Commission is adding a aggregated for a calendar year. The enhance this capability, the instructions requirement to Instruction III to require collection of monthly data will allow in the forms and reports will direct the that quantities in the Form No. 11 be the Commission to follow developing respondent to report the rate schedule reported in thousands of dekatherms. trends on a pipeline’s system. It will numbers the same way they are reported The change to dekatherms is consistent also permit observation of seasonal in all other submittals to the with the changes proposed to the Form variation in throughput, something the Commission. No. 2. Revenues will continue to be Commission cannot do with the data reported in thousands of dollars, as DOE also suggests the data be filed in Form No. 2. This fundamental currently required by instruction III. accessible and downloadable on a data makes it possible for the General Instruction IV, allowing for bulletin board system which provides Commission to determine more the use of footnotes in the Form No. 11, access to the general user community. accurately the effects of its policies and is modified to change the reference to Since June 8, 1995, the Commission has decisions on the pipeline industry. the part number where the footnotes are To make the data more timely, we made data filed electronically in the listed from Part VI to Part III. will require the form to be submitted Form No. 11 available on its Gas General Instruction V, regarding quarterly, rather than semi-annually, as Pipeline Data bulletin board (GPD) for estimated data, is removed. Since the proposed, and the data to be submitted download. The Commission will average lag time between the month within 45 days of the end of the continue to disseminate the electronic reported and the date the filing is made calendar quarter. However, as noted, we Form No. 11 data in this manner. will be longer, the Commission will retain the requirement that monthly The specific changes in each section anticipates that actual data will be data be reported. In other words, of the Form No. 11 are as follows: readily available. Thus, estimated data Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53047 will not be necessary. General Identification (Part I) and Revenue Data specifying in section 260.2 that newly Instruction V is replaced with an (Part II) established entities must use projected instruction specifying that one Part II Except for revising the instruction to data to determine whether the Form No. form must be reported for each month. read ‘‘Period Reported’’ instead of 2–A must be filed, and that the Form ‘‘Month Being Reported,’’ the No. 2–A must be filed electronically. In Specific Instructions and Definitions addition, the Commission is revising Commission is leaving Part I intact. The section 260.2 to delete reference to an The instruction for the item ‘‘All’’ is Commission is modifying Part II, which effective date, and to remove references modified to specify that quantities must relates primarily to sales service, to to reporting requirements pre-dating not be adjusted for discounts. We are reflect the decreased emphasis on sales December 30, 1988. These latter changes adding specific instructions for items 7 service, and increased emphasis on mirror the changes set forth in section through 12 and 15 through 17, to transportation and storage services conform to the instructions contained in 260.1 governing the FERC Form No. 2. subsequent to the implementation of Section 260.3 requires that natural gas Form No. 2 for reporting transportation Order No. 636. Specifically, Part II is and storage services, and to clarify the companies file with the Commission a modified to collect information for monthly statement—the FERC Form No. reporting of storage revenues. In the sales, transportation, gathering, storage 11—containing information concerning NOPR, we proposed to make separate, and other revenue categories in the selected revenues, income statements, specific instructions for items 15 same way it is proposed to be collected and other items, and details of operation through 17 for the reporting of storage in the Form No. 2, but on a monthly and maintenance expenses. The revenues, which indicated that certain basis rather than annually. Commission is modifying the title and storage revenues were to be reported at paragraph (a) of section 260.3 to reflect those items, and other storage revenues Income Data (Part III), Other Selected the change of the Form No. 11 to a were to be reported at items 46 and 47. Data (Part IV), and Operation and quarterly statement of monthly data, In accordance with INGAA’s suggestion, Maintenance Expense (Part V) that no longer collects expense data. In we are eliminating those specific The Commission is eliminating Parts paragraph (b), the Commission is instructions for items 15 through 17, III, IV, and V of the Form No. 11. The redefining who must file the Form No. and requiring all storage service information required to be reported 11 (natural gas companies whose gas revenues be reported at items 15 under these Parts is no longer necessary transported or stored for a fee exceeded through 17, including the withdrawal for the Commission’s regulatory review 50 million Dth in the previous three quantities related to those storage purposes. calendar years), and is specifying that services. D. Other Revisions the form be filed electronically. Further, In the NOPR, we proposed specific the Commission is revising paragraph instructions for items 7 through 12 that Section 260.1 requires that major (c) prescribing when to file the Form required, among other things, that natural gas companies, as defined in No. 11 to reflect the quarterly filing transportation delivered to a pipeline part 201 of the Commission’s schedule set forth in the Form No. 11 under a rate schedule be reported regulations, file with the Commission an itself. In addition, the Commission is separately from transportation delivered annual report, designated as FERC Form removing references to dates that have to others under that rate schedule. No. 2. The Commission is modifying long since passed, and references to INGAA asks us to eliminate this section 260.1 to reflect in the text of the reporting requirements pre-dating requirement to provide breakouts of regulations the new definition of ‘‘major November 30, 1988. revenue and quantities for services to company’’ (a natural gas company Section 260.4 requires that importers interstate pipelines. A similar provision whose combined gas transported or and exporters of natural gas file with the proposed in Form No. 2 is not being stored for a fee exceeded 50 million Dth Commission an annual report, FPC adopted. To retain consistency between in each of the three previous calendar Form No. 14. Section 260.11 requires the reporting of revenues in Form No. 2 years). The Commission is also natural gas companies operating an and Form No. 11, we will not adopt the specifying in section 260.1 that newly underground natural gas storage field to proposal in the NOPR. This action established entities must use projected file with the Commission a monthly satisfies INGAA’s request. data to determine whether the Form No. underground gas storage report, Form 2 must be filed, and that the Form No. No. 8. In the NOPR, the Commission did Existing specific instructions for items 2 must be filed electronically. In not propose any substantive changes to 22, 24, 27 and 38 through 40 are addition, the Commission is revising these sections. Instead, the Commission deleted, since the Commission no longer section 260.1 to delete reference to an sought comments on whether the proposes to collect information on these effective date, and to remove references collection of the information contained items, which are contained in Parts III to reporting requirements pre-dating in these forms by other governmental or and V, that are now being deleted. The December 30, 1988. private sources is currently adequate, remainder of INGAA’s suggestions, Section 260.2 requires that nonmajor making the collection of the same regarding the Commission’s proposed natural gas companies file an annual information in these Commission forms specific instruction for item 32, and the report, designated as FERC Form No. 2– unnecessary. addition of an instruction for item 42 A. The Commission is modifying INGAA, American Forest, KN, and are no longer relevant given the section 260.2 to specifically define who ANR/CIG recommend the elimination of elimination of the Form No. 11 must file the Form No. 2–A. Section FPC Form No. 14. American Forest and reporting requirements in Parts III, IV, 260.2 is revised to state that those INGAA note that DOE’s Office of Fossil and V. natural gas companies required to file Energy collects periodic reports on All existing definitions in the Form the Form No. 2–A are companies not export and import activity as part of its relate to purchases or sales of natural meeting the filing threshold for Form oversight responsibility. They state that gas. The Commission is simplifying the No. 2, but having total gas sales or these reports collect substantially the reporting of sales and purchase volume transactions exceeding 200,000 same information as required by Form information; therefore, the definitions Dth in each of the three previous No. 14. According to INGAA, the are removed as no longer necessary. calendar years. The Commission is also elimination of this form would reduce 53048 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations the burden on respondents by about Commission agrees with DOE’s proposal confidentiality provision from the Form 1,100 hours per year. ANR/CIG concurs to use Form EIA–191, DOE states that it EIA–191 data collection, we will not that this data is collected elsewhere. will submit Form EIA–191 to the Office reinstate Form No. 8. For most The Commission will eliminate the of Management and Budget for purposes, aggregated data derived from requirement for filing FPC Form No. 14 clearance to remove the confidentiality Form EIA–191 should suffice. In the from its regulations. The Commission’s requirements. DOE notes that a recent event specific pipeline storage data is primary need for natural gas import and attempt to do so in 1991 did not required for a project or proceeding, and export information is related to its succeed. However, DOE believes that the Form EIA–191 data continues to be administration of Presidential Permits pipelines’ concerns voiced at the time confidential, the Commission could for import and export facilities under may have since decreased with the obtain the company-specific Form EIA– Executive Order No. 10485. While we implementation of Order No. 636, as 191 data from DOE pursuant to the need certain capacity and usage many companies have provided copies confidentiality provisions of this data information to authorize facilities and of their Form EIA–191 filings to the collection. The Commission also verify the approved capacity of such trade press. DOE states that upon OMB’s reserves the right to seek whatever natural gas import and export facilities, approval for the removal of the information is required through a data the Commission does not generally need confidentiality requirements, EIA will request in individual proceedings. information on the purchasers or prices continue to process the EIA–191, and Section 260.11, prescribing the Form of imported and exported natural gas will make the data available to the No. 8, is deleted from the regulations. and LNG. Commission on a timely basis. Section 260.9 requires every natural Thus, the Commission expects that it INGAA concurs that there is no gas pipeline company to report to the will have adequate data on natural gas regulatory reason for both DOE and the Commission serious interruptions of imports and exports through any Commission to spend taxpayer dollars service to any wholesale customer continuing collection of import-export for duplicate reporting. INGAA states involving facilities operated under data that DOE/EIA may pursue, DOE/ that gas storage data is reported in the certificate authorization from the Fossil Energy’s (FE) Quarterly Reports, monthly Form EIA–191 and the semi- Commission. The Commission is or data requests in specific case annual storage reports under existing modifying sections 260.9(b) and (e) to processing or litigation. 72 Although the sections 284.106(g) and 284.223(d)(5), include facsimile transmission as an DOE/FE Quarterly Reports and Form and that weekly estimates of working optional method for reporting No. 14 have different data items, it is gas in storage are available by region interruptions of service. This recognizes true, as INGAA and American Forest through the ‘‘American Gas Storage advances in technology and current state, that most of the substantive Survey’’ five days after the end of the practice. Further, the Commission is information is duplicative. reporting week. INGAA notes that modifying sections 260.9(b) and (c) to The Commission’s Staff will consult elimination of Form No. 8 would reduce require that companies send telegrams, in more detail with DOE/EIA and DOE/ the industry reporting burden by 1,440 facsimile transmissions, or FE on maintaining an ongoing, non- hours per year. supplemental information to the duplicative collection of import-export El Paso also supports elimination of Director, Division of Environmental and data by DOE, such as peak-day usage, this form or, at least, elimination for Engineering Review, Office of Pipeline differentiation of multiple operators at those pipelines with facilities that are Regulation, the successor to the singularly named import-export points, not operated as traditional underground Director, Division of Engineering, and the BTU content of natural gas and storage facilities. For example, El Paso’s Market and Environmental Analysis, LNG. Section 260.4, prescribing the Washington Ranch Storage Facility is Office of Pipeline and Producer Form No. 14, is deleted from the operated exclusively as an adjunct to El Regulation. The Commission is also regulations. Paso’s transmission system for load deleting reference to the Commission’s With respect to the Form No. 8, ANR/ balancing, line pack, and pressure street address, and correcting the CIG, INGAA, KN, DOE, and El Paso control. El Paso argues that the Form Commission’s zipcode in section support its elimination. They argue this No. 8 reporting requirements should not 260.9(b). apply to this facility. Section 260.13 sets forth the information is collected elsewhere. The Commission will eliminate the requirements for the filing of the FERC Specifically, DOE notes that it collects requirement to file Form No. 8. One of Form No. 549–ST, Form of self- monthly injection and withdrawal data the objectives of this rulemaking is to implementing transportation reports. from all companies operating storage eliminate duplicative or unnecessary The initial and subsequent reports fields, including those who file Form reporting requirements. DOE’s proposal currently filed by interstate and No. 8, in its ‘‘Underground Gas Storage that the Commission use the intrastate pipelines, Hinshaw Report,’’ Form EIA–191. DOE states that information from Form EIA–191 companies, and local distribution the Form EIA–191 is a more furthers this goal. As a result of pipeline companies undertaking transportation comprehensive form than the Form No. restructuring, the data from Form EIA– transactions under subparts B, C, or G 8, and collects the data that the 191 can typically be used to meet the of part 284 are required to be made on Commission requires to monitor Commission’s requirements for storage the FERC Form No. 549–ST. Because the jurisdictional companies. Thus, DOE data in lieu of the Form No. 8 Commission is eliminating the maintains that the Commission would information. Although we do not seek requirements of filing initial and no longer need Form No. 8 if it used the removal of the non-disclosure subsequent reports for companies data from Form EIA–191. However, DOE provisions from the Form EIA–191 data subject to the requirements of subparts points out that, currently, the data collection as a pre-condition to B, C, and G of part 284, as further submitted in Form EIA–191 are elimination of the Form No. 8, we described below, the FERC Form No. considered confidential. If the endorse DOE’s efforts to reach 549–ST is no longer necessary. consensus with the Form EIA–191 Accordingly, the Commission is 72 To the extent DOE/EIA continues to require the Annual Report for Importers and Exporters it will respondent population on this issue. removing section 260.13. have to pursue separate OMB clearance for this data In the event that OMB does not Section 260.15 requires that natural collection on its own. approve DOE’s request to remove the gas companies making direct sales in Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53049 interstate commerce of natural gas to notification of termination, currently requirements, the Commission is customers consuming such gas file a required under subparts B, G, and/or J; removing all of the filing requirements Report of Alternate Fuel Demand Due to (2) the removal of the initial full report, from section 284.223(d), and Natural Gas Curtailment, FPC Form No. subsequent reports, and notification of substituting a statement that all 69. As noted in the footnote to section termination required under subpart C; pipelines transporting gas under section 260.15, Form No. 69 was discontinued (3) the refinement of the Commission’s 284.223 of Subpart G must comply with and replaced with Form No. EIA–50 by discount reporting requirement; (4) the the reporting requirements specified order issued June 23, 1978. 73 The EIA addition of a new reporting requirement under section 284.106 of Subpart B. Form No. 50 was eliminated in 1984 under subparts B and G, an electronic There is no reason to specify the same after the Office of Management and Index of Customers; (5) the elimination exact reporting requirements twice in Budget (OMB) rejected the Energy as obsolete of certain non-reporting the regulations. Information Administration’s (EIA) provisions in subparts A, B, C, and G, In the NOPR, the Commission request for an extension of OMB setting forth interim measures related to proposed to remove the annual sales approval of the data collection. Thus, it the implementation of Order Nos. 436 report required under section 284.288 of now appears that the footnote to 18 CFR and 636; and (6) other changes that Subpart J, applicable to pipelines that 260.15 references a non-existent EIA either are grammatical in nature, remove engage in sales under a blanket form as a replacement for the Form No. references to deadlines that have long certificate and also offer interstate 69. Since neither the Commission nor since passed or other outdated transportation under subparts B and G. EIA has collected this data since 1984, requirements, or reflect the use of The Commission proposed to remove and there has been no significant current, more accurate, terminology. this reporting requirement to eliminate curtailment of natural gas in the nation These revisions are discussed more fully duplicative reporting requirements, for more than ten years, the Commission below. because most of the information was is removing section 260.15. also being collected under the proposed In addition, the Commission is B. Removal of Initial, Subsequent, Form No. 2. However, the Form No. 2 changing all references in Part 260 from Annual, and Termination Reports the ‘‘FPC’’ and the ‘‘Federal Power Under Subparts B, G, and J that is being adopted in this final rule Commission’’ to the ‘‘FERC,’’ and In light of all of the broad changes no longer captures transaction-specific ‘‘Federal Energy Regulatory that are being required in this rule, and volume and revenue data that the Commission,’’ respectively. the changes to the industry brought section 284.288 sales report collects. about by Order No. 636, it is no longer Therefore, the Commission is retaining VII. Part 284 necessary to require interstate pipelines this sales report.74 A. Introduction to provide the detailed reporting set These changes are the same changes proposed in the NOPR. Our proposed Under Part 284, the Commission is forth under the initial, subsequent, revising the reporting requirements, termination, and annual reports in deletion of these reporting requirements and/or certain non-reporting sections 284.106 and 284.223. We have received strong support by the requirements, contained in Subparts A, determined that the information commenters. INGAA, Texas Gas, KN, B, C, E, G, J, and L. These subparts set included in these reports is no longer Columbia, and NI-Gas support the forth general provisions and conditions required for our regulatory review of the elimination of the initial, subsequent, (Subpart A), and govern the natural gas industry. termination, and annual reports under Accordingly, the Commission is transportation of natural gas by subparts B, G, and J without reservation. removing paragraphs (a), (b), (c), and (d) interstate pipelines under section Other parties offered conditional of section 284.106, and paragraph (d) of 311(a)(1) of the NGPA (Subpart B), the support. American Paper supports the section 284.223, to delete the transportation of natural gas by proposed modifications to subparts B requirements that interstate pipelines intrastate pipelines under section and G in light of the other proposals 311(a)(2) of the NGPA (Subpart C), the file the initial full report, subsequent made by the Commission in the NOPR, assignment by any intrastate pipeline to reports, notification of termination, and including the requirement that pipelines any interstate pipeline or local annual report. The Commission is also maintain and update an Index of distribution company of contractual removing sections 284.106(e) and Customers and file discount rate reports. rights to receive surplus natural gas 284.223(b) relating to the fees Similarly, APGA supports the under section 312 of the NGPA (Subpart accompanying the initial full report, and elimination of these reports provided E), the transportation of natural gas by sections 284.106(f) and 284.223(c), that the Commission adopts section interstate pipelines on behalf of others, prescribing the use of FERC Form No. 154.1 requiring pipelines to file and services by local distribution 549–ST for the initial and subsequent contracts with the Commission when companies, under blanket certificates reports, since they would no longer they differ from the form of service authorized by section 7(c) of the NGA apply due to the discontinuance of the agreement. Columbia and SoCal express (Subpart G), (General Provisions and associated reporting requirements. support for the removal of related Conditions), as well as the sale of However, the Commission will retain section 260.13 requiring the initial and natural gas under section 7(c) blanket the requirement in section 284.106(a)(4) subsequent reports to be reported on the certificates by interstate pipelines that an interstate pipeline file a FERC Form No. 549–ST. SoCal’s offering transportation service under statement with the Commission that the support is contingent upon the subparts B or G (Subpart J), and by non- pipeline has provided notification of bypass of a local distribution company interstate pipeline sellers (Subpart L). 74 See Pipeline Service Obligations and Revisions There are six major categories of (LDC) to the LDC and the LDC’s to Regulations Governing Self-Implementing changes to the Part 284 provisions: (1) regulatory agency. The Commission will Transportation; and Regulation of Natural Gas the removal of the initial full report, also retain the semi-annual storage Pipelines After Partial Wellhead Decontrol, III FERC reports currently required under Stats. & Regs. Preambles ¶ 30,939 at p. 30,443 (April subsequent reports, annual report, and 8, 1992) (Order No. 636), order on reh’g, III Stats. sections 284.106(g) and 284.223(d)(5). & Regs. Preambles ¶ 30,950 at p. 30,624 (August 3, 73 FERC Statutes and Regulations, Regulations Because sections 284.106 and 284.223 1992) (Order No. 636–A), for the Commission’s Preambles, 1977—1981, ¶ 30,013 (1978). will require identical reporting rationale for collecting this information. 53050 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Commission’s adoption of the proposed Commission no longer finds these be removed. They state that the discount rate report. reports useful for regulatory review. In Commission has no certificate APGA, SoCal, and NI-Gas support the the NOPR, the Commission invited the jurisdiction over NGPA section 311 retention of the requirement that a parties to comment on our proposed storage transactions by intrastate pipeline file a statement with the removal of these reports. In response, pipelines, and that the storage reporting Commission that it has provided KN, Transok, Enogex, Texas Intrastates, requirement is duplicative because notification of bypass of an LDC to the and NI-Gas filed comments supporting information on storage volumes is LDC and the regulatory agency. the elimination of the initial, reported in the annual transportation Only our proposal to retain the two subsequent, and termination reports report. Transok, also, supports semi-annual storage reports required required in section 284.126. eliminating the semi-annual storage under sections 284.106(g) and While the Commission is eliminating reports, adding that the information is 284.223(d)(5) generated requests for a the annual reporting requirement for incomplete and not necessarily useful to different treatment. Texas Gas interstate pipelines, as described, supra, the Commission because non- recommends the elimination of the the Commission will continue to require jurisdictional intrastate activity is not semi-annual storage reports in light of intrastate pipelines to file the annual reported. Transok states that the DOE the requirement to include information report currently required by section receives a complete report of aggregated concerning firm storage service in the 284.126(c), as well as the semi-annual intrastate and interstate storage activity Index of Customers. INGAA suggests storage reports required under section each month through the Monthly that the two semi-annual storage reports 284.126(g), and the notification of Underground Gas Storage Report, Form be combined into one annual storage bypass requirement currently included EIA–191. Transok further argues that, in report. INGAA states that this would in the initial report, section its case, the request for price provide the Commission with the data 284.126(a)(6). INGAA suggests that the information is moot because the it needs while reducing the burden on annual report be eliminated so that the Commission has approved market-based the pipelines. requirements for intrastate reporting pricing for Transok’s section 311 storage As noted above, the Commission is will mirror the requirements for services. retaining the semi-annual storage interstate reporting. However, unlike the Similarly, Equitable urges the reporting requirement. We will not interstate pipelines, intrastate pipelines Commission to exempt intrastate storage adopt Texas Gas’ request for are not subject to the full force of the companies with market-based rates from elimination. The Index of Customers federal reporting requirements. the requirement to file semi-annual adopted in this rule will collect very Intrastate pipelines do not file Form No. reports, since the reports require pricing limited information concerning firm 2, an Index of Customers, or general rate information. Equitable maintains that storage service, and will not collect cases under section 4 of the NGA. Thus, where market-based rates are in effect, many of the data elements required by fewer opportunities are available to the the Commission does not need pricing the semi-annual storage report. Nor will Commission and the public to obtain information to determine if the rates we adopt INGAA’s proposal that the information about the intrastate charged exceed allowed maximums, or storage report be filed annually rather pipelines’ jurisdictional activities. The the extent of discounting for future than semi-annually. The semi-annual participation of the intrastate pipelines ratemaking purposes. Equitable states nature of the reports derives from the in the interstate market should be that in a competitive market, price timing of the reports. The reports are accompanied by accountability. transparency occurs, if at all, through submitted so that the withdrawal season Therefore, the Commission is market channels. is reported separately from the injection continuing to require the intrastate The Commission will not eliminate season. This is an important distinction pipelines to submit the annual report. the semi-annual storage report. Contrary which the Commission does not wish to The Commission, though, is revising to the Texas Intrastates’ assertion, eliminate. the annual report (now section storage reporting is expressly excepted The Commission recognizes that some 284.126(b)), as proposed in the NOPR, from the annual transportation report. parties may withdraw their support for to reflect the fact that the transportation This report, therefore, is not duplicative. the elimination of the initial, transactions are no longer docketed, and Furthermore, the Form EIA–191 cannot subsequent, termination and annual to require the specification of whether be substituted for the semi-annual reports, now that we have substantially the transportation service is firm or storage data. As the Commission stated modified the discount report and Index interruptible. Until recently, intrastate in Order No. 636–A, 75 the EIA does not of Customers that were proposed. pipelines only provided interruptible collect data by individual customer, nor However, the proposed elimination of transportation service. Since they are does it collect rate and revenue data. In these reports was not solely dependent now performing firm transportation addition, the pricing information for on the collection of the information service, firm and interruptible storage service subject to market-based elsewhere. As stated supra, the transactions must be separately pricing is not moot. Although the information in these reports is no longer identified for accurate reporting. Commission does not have certificate needed for the Commission to carry out Transok and the Texas Intrastates ask jurisdiction over NGPA Section 311 its regulatory responsibility. that the filing date for the annual report intrastate storage service, Section 311 be changed from March 1 to March 31 tasks the Commission with the C. Removal of Initial, Subsequent, and to make it easier to gather the necessary responsibility to ensure rates and Termination Reports Under Subpart C information, and consistent with the charges are fair and equitable. 76 For the The Commission is deleting certain of due date for FERC Form No. 2–A. We Commission to carry out this the reporting requirements for intrastate will grant this request for an extension pipelines transporting gas under NGPA of the filing date from March 1 to March 75 Pipeline Service Obligations and Revisions to section 311 under Subpart C. The 31. This will lessen the burden in Regulations Governing Self-Implementing Commission is eliminating the initial submitting this information. Transportation; and Regulation of Natural Gas Pipelines After Partial Wellhead Decontrol, III Stats. full report, subsequent reports, and The Texas Intrastates argue that the & Regs. Preambles ¶ 30,950 at p. 30,581 (August 3, notification of termination currently requirement to file semi-annual storage 1992) (Order No. 636–A). required under section 284.126. The reports (new section 284.126(c)) should 76 15 U.S.C. 3372. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53051 responsibility, it is important for rates affiliate, also maintain a variety of more modifications to the discount reporting charged to be reported. It is even more detailed information on the requirements, and believes that critical for the Commission to review transportation discounts they provide to respondents will be able to file the pricing when the Commission is relying affiliate and non-affiliate shippers. For discount report using data that they on competition to regulate rates, rather example, section 250.16(d) requires already collect either to perform or than scrutinizing the underlying cost of maintenance of information on monitor essential services. service. Thus, we will not exempt quantities scheduled under the NI-Gas supports the proposed intrastate storage companies charging discount, while section 284.7(d)(5)(iv) discount rate report but asks that the market-based rates from the requirement does not require the filing of any Commission require information on the to file semi-annual storage reports. quantity information. Thus, the more duration of discounts and the applicable Accordingly, the Commission is detailed information required by section delivery points. NI-Gas asserts that deleting from section 284.126 existing 250.16 only has to be maintained and discount information must continue to paragraphs (a) (initial full report); (b) made available to the Commission upon be available on a timely basis to (subsequent reports); (d) (notification of request, while the limited information interested parties so that: (a) all termination); (e) (filing fees); and (f) required under section 284.7(d)(5)(iv) interested parties can monitor the (reporting form). 77 The notification of must be filed with the Commission. operations of the market; and (b) bypass in paragraph (a)(6) is now Because the information required by releasing shippers have access to the paragraph (a), the revised annual report section 284.7(d)(5)(iv) is also required same information with respect to is now paragraph (b), and the semi- by section 250.16(d), the Commission pipeline sales of capacity as pipelines annual storage report is paragraph (c). determined in the NOPR that these have with respect to capacity releases. The only change we are making with requirements were somewhat NI-Gas believes that the additional respect to section 284.126 in this final duplicative, and proposed to information is necessary to achieve this rule from what was proposed in the consolidate the two sections into one parity. NOPR, is the extension of the filing discount reporting requirement, new However, many of the commenters deadline of the annual report from section 284.7(c)(6). The Commission argue that the proposed modifications to March 1 to March 31. proposed to eliminate the section the discount report will require Finally, the Commission is adopting 250.16(d) maintenance requirements, pipelines to publicly divulge an additional change proposed in the and expand the filing requirements commercially sensitive information. NOPR in relation to Subpart C. The under Part 284 to include most of the Panhandle opposes the proposed Commission is revising the filing information previously maintained reporting requirements on this basis. It requirements under section 284.123(e) under section 250.16(d). Under this argues that the Commission should to require that the statement filed by an proposal, the major change from the ensure that the pipeline and its intrastate pipeline within 30 days after existing section 284.7(d)(5)(iv) was the customers are not disadvantaged where commencement of new service under addition of a requirement for filing there is a competitive alternative subpart C, include the rate election information on quantities of gas provided by a non-regulated entity. made by the intrastate pipeline under delivered for discounted interruptible Panhandle states that shippers will be section 284.123(b). service, and the contract demand for less inclined to deal with pipelines that discounted firm service. 78 The are required to reveal sensitive data. As D. Modification of Discount Reports Commission stated in the NOPR that an alternative to the proposed 1. NOPR Proposal information on quantities shipped and requirement, Panhandle suggests contract demand would enable the providing for confidential periodic In the NOPR, the Commission Commission and the market to compare audits, and requiring pipelines to proposed to combine the following two the extent of interruptible and firm maintain information sets for a period of discount reporting requirements to discounting by the pipelines with the three years and to provide the avoid duplication. Section extent of the discounting of capacity information to the Commission on a 284.7(d)(5)(iv) presently requires that all release transactions under the capacity confidential basis upon request. pipelines charging a discounted rate for release program established by Order Tennessee, also, believes that transportation service under subparts B No. 636. The Commission proposed that pipelines will be harmed if they are and G of Part 284 file, within 15 days the discount information under new required to reveal customer specific after a billing period, a report with the section 284.7(c)(6) be filed details of their transactions as proposed Commission identifying the maximum electronically with the Commission. in the discount rate reports and Index of rate or reservation fee, the rate or fee Customers. Tennessee argues that this actually charged during the billing 2. Comments level of detail has not previously been period, the shipper, and any affiliation The Commission received a few required and is not necessary in a more between the shipper and the pipeline. comments in support of its proposal, but competitive environment. It states that Section 250.16(d) requires that pipelines many more comments in opposition to other market participants are not transporting gas under subparts B or G proposed section 284.7(c)(6), as required to divulge transactional that are affiliated with a gas marketing summarized below. information at this level of detail. In any or brokering entity and conduct APGA believes that the proposed case, Tennessee argues that this transportation transactions with such change to the discount reporting information can be produced on a case- requirements will enhance the quality of specific basis in response to a complaint 77 Freeport notes that paragraph 106 of the data relating to pipeline discounts. The or in a rate case, and that this is the regulation text does not list current paragraph (d) regarding notification of termination among those Registry also fully supports the wrong time to expand the type and paragraphs to be removed, contrary to the stated detail of transactional information. intent of the preamble. This was simply an 78 For interruptible discounts, the Commission Consumers Power, NI-Gas, and AGA oversight of the Commission in the drafting of the proposed to include the zone in which the argue the proposed discount rate data regulations. Paragraph (d) of section 284.126 should quantities are delivered. The Commission stated be eliminated, and in the regulation text to this final that information on zones was not needed for firm coupled with other publicly available rule, we are including paragraph (d) among those service because the information was to be reported information, such as the proposed Index to be removed. in the index of customers under section 284.106. of Customers, will permit the derivation 53052 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations of specific point-to-point contractual frequently than each quarter, with the for the discount reports are outweighed pricing information for firm capacity filing deadline 30 days after the last by the risk of harm to pipelines and discounts. For this reason, they suggest month of the quarter in which billing LDCs that would stem from the release the removal of the contract number from occurs. If pipelines must file monthly, of this detailed information. the discount rate report. INGAA states, the filing deadline should The Commission is not modifying the ANR/CIG note the increase in be extended to 30 days after the close of existing regulations to adopt annual or competition occasioned by the the billing period. Texas Gas agrees. quarterly discount reporting, nor Commission’s issuance of Order Nos. Panhandle argues that if discount lengthening the time of filing to 30 days 436 and 636. They state that the reporting remains a requirement, after the close of the billing period. The discount reporting requirements provide monthly discount activity should be primary purpose of the discount reports such a wealth of information that compiled and submitted on a quarterly is to allow customers to monitor competitors can target pipelines’ basis, 45 days following the last day of discounts to determine if the pipeline is customers to offer them better deals. each quarter. Panhandle states that all of discriminating. Such proposals would ANR/CIG argue that specific details of the data elements could be maintained make it impossible for customers to individual discounts disadvantage the on a monthly basis for a three-year monitor discrimination on a timely customers who have negotiated those period from the time of the discounting. basis. Nor is the Commission adopting discounts. Therefore, ANR/CIG assert INGAA’s suggestion that all of the that discount information should be 3. Commission Ruling discount data be maintained, but not limited to the information currently In light of substantial opposition to filed. However, we are adopting required. the proposed changes, the Commission INGAA’s alternative recommendation INGAA argues the information the will not adopt the proposed that the data that is required to be filed Commission proposes to collect is modifications to the reporting be limited to the data currently commercially sensitive and not requirements for discounted required. necessary to meet the purpose of the transactions outlined in the NOPR. The The Commission is removing the discount reporting requirement—to Commission will retain the separate, discount information currently required ensure that discounts are provided on a pre-existing requirements in sections in section 284.7(d)(5)(iv), and non-discriminatory basis. INGAA 284.7 and 260.15(d), with some minor reinserting it in a new section asserts that the Commission did not modifications. While this will involve 284.7(c)(6). In addition, section explain in the NOPR why it is proposing some duplication, the existing 284.7(c)(6) now specifies that the to alter the purpose and method of requirements of section 284.7, together pipeline report ‘‘the full legal name of providing the discount information, or with the requirements in section the shipper being provided the why non-affiliate discount data is 260.15(d), already provide the balance discount,’’ rather than merely ‘‘the inadequate as currently filed. Texas Gas, between public disclosure and shipper,’’ as the current regulation while supporting the elimination of the confidentiality that the commenters specifies. Further, the Commission duplicative discount reporting seek. The changes to these sections adopts the proposal from the NOPR to requirements, concurs with INGAA’s proposed in the NOPR were not require the data filed under section position that certain items of prompted by a need for more stringent 284.7 to be submitted electronically. information are inappropriate for public reporting requirements to ensure The Commission also is adding, as dissemination and unnecessary to fulfill discounts are offered on a non- proposed in the NOPR, a provision the original purpose of the discount discriminatory basis. Thus, the specifying that the discount report does reporting requirements. INGAA adds information available through, not only not apply to capacity releases at a that consideration of the data required sections 284.7 and 250.16, but also discounted rate, except when the release to compare the extent of interruptible through section 161.3, regarding affiliate is permanent. The discount report is and firm discounting by pipelines with discount transactions, continues to be designed to capture discounts granted discounting in the capacity release sufficient for the market and the by the pipelines. In a temporary market is better addressed in the Commission to determine if any capacity release, the releasing shipper is Commission’s rulemaking on capacity discriminatory activity is taking place. 79 still obligated to the pipeline under its release. INGAA asserts that pipelines This is, and remains, the primary initial contract. Thus, even if the should be required to maintain, but not purpose of these sections of the shipper obtaining released capacity pays file, discount information, making the regulations. a discounted rate, the pipeline has not data available to the Commission upon agreed to the discount because the request. Alternatively, if information on Our proposal to expand the discount releasing shipper will owe the pipeline discount transactions must be filed, reports to include information was the maximum rate under its contract. In INGAA argues that the amount of designed to increase the usefulness of a permanent capacity release, however, information required must be reduced to the discount reports by enabling the the releasing shipper’s contractual no more than is currently reported. KN market and the Commission to compare obligations end, and the replacement and MRT either adopt or support the extent of discounting by pipelines INGAA’s comments with respect to the with the extent of discounting in the shipper enters into a new primary discount reports. capacity release market. However, we contract with the pipeline. Thus, if the Some commenters propose that the have determined that the benefits pipeline offers a discount for a Commission require a less frequent realized from the creation of another use permanent capacity release, the pipeline reporting of the discount information is providing the discount and would 79 Under Standard H of the Standards of Conduct, have to report it. and a lengthening of the filing deadline, section 161.3(h), pipelines transporting gas under which is 15 days after the close of the subparts B or G of Part 284 or subpart A of Part 157 E. Establishment of Electronic Index of billing period. If information on that are affiliated with a gas marketing or brokering Customers discount transactions must be filed, entity and conduct transportation transactions with such affiliate are now required to post discount 1. NOPR Proposal INGAA supports an annual reporting information concerning affiliate transactions on period for the discount report, or the their EBBs, including the delivery points to which In the NOPR, the Commission filing of the discount report no more the discount applies. proposed to require interstate pipelines Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53053 transporting gas under subparts B and G interchange (EDI) information on require an Index of Customers, given the to provide an electronic Index of capacity release; 82 and an authorization alleged commercial sensitivity of the Customers 80 through a downloadable code to delineate whether the information and burden or cost in file that is updated monthly, and information is for Part 284, Subpart B, reporting the information, and restated in its entirety annually Part 284, Subpart G, or Part 157 service. specifically, whether receipt and (proposed sections 284.106 and The Commission identified in the delivery point information should be 284.223). As further discussed below, NOPR two functions of the Index of included in the Index. the Commission is retaining the Customers. First, we stated that the a. Comments In Support. DOE, PMTG, requirement that pipelines maintain a Index would provide the Commission and PG&E support the Index of downloadable electronic file containing with the information that it requires for Customers as proposed. They believe an Index of Customers in the final rule. analyzing capacity held on pipelines that the Index will contain critical However, the Commission is adopting (which was previously included in the baseline information about the rights of an Index of Customers that is greatly initial and subsequent reports). Second, firm capacity holders necessary for abbreviated from the Index that was it would provide capacity information markets to operate efficiently and proposed in the NOPR, and is quarterly, to the market, which would aid the effectively. PMTG notes it will be rather than monthly. capacity release system by enabling extremely beneficial to the capacity The electronic Index of Customers shippers to locate those holding release market, particularly the receipt proposed in the NOPR originated in the capacity rights that the shippers may and delivery point information. PG&E Electronic Bulletin Board (EBB) want to acquire. supports the proposed Index of standardization proceeding in Docket However, the Commission recognized Customers as a vehicle for price No. RM93–4–000. 81 As explained in the in the NOPR that some commenters in discovery. It states that price discovery NOPR in this proceeding, the EBB the EBB proceeding objected to the is critical to competition, and that LDCs Industry Working Groups in the EBB inclusion of receipt and delivery points need the opportunity to see the price standardization proceeding, which in an index of purchasers. 83 Therefore, and terms of the interstate pipelines’ developed the standards implemented the Commission instructed commenters competing capacity on a real-time basis. by the Commission, failed to reach to address the relative burden or Gaslantic and the Registry also consensus on a proposal for an Index of difficulty of including the receipt and support the Index of Customers as Customers that would provide the delivery point information in the proposed. They argue that absent an market with information about capacity proposed Index of Customers, under the Index of Customers, and given the rights. However, several groups of assumption that all of the other elimination of the ST reports, the participants in the process submitted information proposed would be Commission, the market, and other proposals for consideration. required. regulators will have no window to the workings of the short-term firm In the NOPR, the Commission 2. Comments proposed to adopt an electronic Index of transportation market. They maintain Customers containing the elements put The Commission received widespread that this information is necessary for the forth by some of the EBB Working comment on the proposed Index of market to ensure that short-term firm Group participants, as well as some Customers. Some commenters fully transportation transactions do not support the Index of Customers as receive an unfair preference over additional elements. Specifically, the 84 Commission proposed to include for proposed. Other commenters support released firm service or similar requests each firm transportation and storage an Index of Customers, but suggest for the same service. modifications or improvements. 85 Many shipper: shipper’s name; contract The Registry states that short-term commenters oppose the adoption of any identifier; rate schedule; contract start firm transportation, including gray Index of Customers, 86 but either suggest date; contract end date; contract market transactions and interruptible alternatives, or certain changes, to the quantity; receipt points (and associated transportation markets, will be proposed Index of Customers, if the maximum daily quantities (MDQs)); monitored through cross-correlating Commission continues to require some delivery points (and associated MDQs); information contained in the proposed type of Index. The main issues raised by and conjunctive restrictions, if any; Index of Customers, Form Nos. 2, 2A, the commenters are whether, and to information on capacity held by rate and 11, as well as the discount rate what extent, the Commission should zones to permit verification of reports. The Registry argues that the reservation billing determinants; data point level MDQ information is crucial 82 Electronic Data Interchange (EDI) is a means by to the proper formation and functioning elements applicable to storage service to which computers exchange information over of the secondary market in capacity capture the additional detail required to communication lines using standardized formats. rights, a more efficient regulatory assess storage capacity; a unique For example, the capacity release data posted on a process, and a more effective day-to-day customer identifier to permit the pipeline’s electronic bulletin board is also available in downloadable files that conform to the standards operating environment. The Registry information in the Index of Customers for EDI promulgated by the American National states that data on points rights is to be tied to the electronic data Standards Institute (ANSI) Accredited Standards Committee (ASC). essential for determining path-rights, 83 segmentability, and relative flexibility 80 The Commission is using the term ‘‘Index of These parties contended that the provision of Customers’’ rather than ‘‘Index of Purchasers,’’ to such information would be burdensome and might among shippers, i.e., quantity of receipt reflect the use of that term in Docket No. RM95– disclose information that would place firm shippers and delivery point rights as compared to 3–000, revising part 154. ‘‘Index of Customers’’ at a competitive disadvantage with respect to future mainline rights. Absent the Index, the gas purchase decisions. See Order No. 636–A, III more accurately captures the nature of the current Registry argues that no electronically natural gas market. FERC Stats. & Regs. Preambles at 31,047–48. 81 Standards For Electronic Bulletin Boards 84 Those commenters are: DOE, PMTG, PG&E, processible means exist to determine Required Under Part 284 of the Commission’s Registry, and Gaslantic. who to contact other than the pipeline, Regulations, Order No. 563, 59 FR 516 (Jan. 5, 85 Those commenters are APGA, NI-Gas, and or what total amount of firm rights 1994), III FERC Stats. & Regs. Preambles ¶ 30,988 Texas Gas. might be available. Without point rights (Dec. 23, 1993), order on reh’g, Order No. 563–A, 86 Those commenters are: ANR/CIG, AGA, 59 FR 23624 (May 6, 1994), III FERC Stats. & Regs. Consumers Power, INGAA, El Paso, CNG, information as a baseline, the Registry Preambles ¶ 30,994 (May 2, 1994), reh’g denied, Columbia, Columbia Distribution, Panhandle, and believes that the market is bereft of Order No. 563–B, 68 FERC ¶ 61,002 (1994). KN. exactly the data which is needed to 53054 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations identify transaction opportunities and were replaced with a comprehensive point data, Texas Gas argues it should pursue them. electronic Index of Customers that be limited to receipt and delivery points Furthermore, according to Registry, would contain the essential point rights where the shipper has reserved capacity regional, LDC, and third-party-run information now contained in the paper on a primary basis. exchanges, and market center reports. Panhandle, Columbia, Columbia developers, face nearly insurmountable b. Comments In Opposition. Certain Distribution, AGA, and El Paso object to information integrity hurdles, which are commenters, however, oppose the the Index of Customers as burdensome. serious barriers to the entry of adoption of the proposed Index of They argue that the implementation and competing market centers and Customers. Generally, they argue that maintenance of the Index of Customers information service providers. Registry the data the Commission wishes to be will require significant financial believes these hurdles can be avoided disclosed is commercially sensitive, commitments both in terms of human with the availability of capacity would be burdensome and costly to resources and computer costs. AGA inventory information. Moreover, the provide, and would result in delays in points to the significant costs the Registry notes that one of the the implementation of other higher pipelines would incur in changing their impediments to further integration of priority electronic data items. Opposing existing EBB computer screens and the national pipeline network is the comments also question the necessity of formats. AGA also argues the inability of the pipelines to coordinate the data for efficient operation of the Commission’s policy that data available the simplest cross-pipeline transactions capacity release market. through EDI datasets must also be without extensive verbal and written Consumers Power, ANR/CIG, and available on the EBB will increase costs. communication. With minor changes to Panhandle argue that the information AGA believes that it is questionable the pending EDI Nomination dataset proposed as a part of the electronic whether the benefits outweigh the costs. and the addition of an electronic Index Index of Customers is commercially AGA is further concerned that the of Customers which includes points and sensitive and potentially damaging. industry will be applying its resources point rights, this problem largely would According to ANR/CIG, by mandating to create an index for a capacity release be solved. open access to pipeline transportation market that is still evolving and may Gaslantic agrees with Registry on the services, and the unbundling of pipeline change significantly over the next importance of point information. services, the Commission has several years. Columbia concurs, stating Gaslantic explains that pipelines introduced competition into natural gas it is premature to impose significant confirm and nominate released capacity markets. They argue that the information system burdens on as interruptible capacity, unless Commission’s regulations provide the pipelines until the capacity release scheduled from and to primary receipt pipelines’ competitors with a wealth of program has been reviewed and and delivery points. Due to this, information about the pipelines’ modified. It adds that many of the Gaslantic states that released capacity business arrangements that these proposed elements are superfluous to moving between points other than competitors can use to target pipeline the purpose of providing a primary points is no more valuable to customers and offer them deals that downloadable listing of customers with the replacement shipper than undercut those offered by the pipeline. firm capacity that could be releasable. interruptible capacity. Similarly, ANR/CIG stress that pipelines do not El Paso, NI-Gas, and Columbia Gaslantic states that the pipeline will have equivalent information on these specifically oppose the provision of not confirm or schedule capacity competitors. They assert that the receipt and delivery point data on the nominated from, or to, secondary or proposed regulations require the filing basis of the burden it imposes on alternate points if there is no of information not previously required, pipelines. El Paso argues that providing operationally available capacity at and require that information be filed MDQ by receipt and delivery point will intervening interconnects. Gaslantic publicly, without adequate protection be burdensome because this information believes that eliminating these problems for non-public disclosure of is not always readily available. NI-Gas will strengthen the secondary market, commercially sensitive information. asserts that receipt points change far and that the key is for buyers in the NI-Gas, Consumers Power, and Texas more often than delivery points, placing secondary market to be able to identify, Gas argue that receipt and delivery a heavier burden on the pipeline. and seek release of, specific primary point information should not be Columbia quantifies the monthly capacity. It states that this is possible included in the Index of Customers burden of maintaining the Index of only if the primary capacity holders at because it is commercially sensitive Customers as approximately 16 hours, if each point are identifiable. data. NI-Gas states that knowledge of receipt point MDQ, delivery point MDQ, Gaslantic states that the Index of primary receipt points will allow parties and conjunctive restrictions are Customers information is available now to identify commercially sensitive required. If they are not required, on various reports filed with the information about the sources of a Columbia estimates it will take only Commission. Gaslantic argues that with shipper’s supply. Consumers Power four hours per month to maintain. Thus, the elimination of these reports argues that the release of such Columbia proposes that the Commission (specifically, the initial and subsequent information would result in competitive require contract quantity and rate reports), the short-term firm detriment to pipelines, and that such schedule information in the aggregate. It transportation sold by a pipeline would detriment is not outweighed by the states that aggregate data will provide not be reported anywhere, since it is not Commission’s stated reasons for the the Commission with all necessary reported on pipelines’ EBBs, through Index. information for analyzing the capacity EDI, or in tariff indices of purchasers. Texas Gas believes that some held on pipelines. Columbia believes Thus, Gaslantic urges that the customers might object to the inclusion that the choice to disclose the contract Commission adopt a comprehensive of the information, feeling that the specific data requested in the proposed Index of Customers including the point increased accessibility to this Index of Customers should rest with the information. Gaslantic states that it and information that posting on the EBB capacity holder. other members of the EBB Working would provide may put them at a AGA also challenges the Group agreed to the reduction of these competitive disadvantage with certain Commission’s assertion the information reports only on the condition that they suppliers. If the Commission insists on is necessary to facilitate the capacity Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53055 release market. AGA argues that such a survey of 55 companies by the EBB another by the disclosure of information need is questionable since shippers are Working Group, showing the index of that is not required to be publicly already under substantial economic purchasers as the lowest priority item in disclosed for regulatory purposes. KN pressure to release capacity. INGAA, a list of 26 items to be standardized. 87 suggests the information required on an too, argues that requiring pipelines to INGAA and KN also note that the EBB electronic Index of Customers be limited post underlying contract information is Working Group was unable to reach to data useful to the industry. not only burdensome, but is simply consensus on the need for an Index of Other commenters opposed to the unnecessary for the industry to carry on Customers. While supporting the Index of Customers make specific capacity trading. concept of an Index of Customers, NI- recommendations regarding the content INGAA argues that information on Gas, also, questions whether this item of an Index if one must be imposed. capacity for the market is already should be a priority, given the other Columbia asserts the Index should be available, and that the Commission can demands on pipeline programming limited to the basic information obtain pertinent information on abilities. required to identify shippers that have contracts either by requiring pipelines As an alternative to establishing an releasable capacity, the customer name, to file an index in their tariffs, or via a Index of Customers, AGA and maximum contract quantity, and rate less extensive electronic index. Consumers Power believe the schedule. INGAA urges the Commission Similarly, Panhandle asserts that data Commission should update the Index of to reduce the amount of information to requirements in the proposed rule are Purchasers contained in existing section be included in the Index of Customers currently being provided as part of 154.41. AGA supports an Index of to the shipper’s name, rate schedule pipeline capacity release systems and Purchasers that includes an alphabetical under which service is performed, and thus to provide this information on all list of all firm transporters under the the effective date of the contract. To EBBs as part of the index would be pipeline’s tariff, the applicable rate that, Panhandle would add the duplicative in many instances. KN schedules, and the maximum contract execution date of the contract. However, agrees. quantity (summed by rate schedule, if it opposes public disclosure of the term Texas Gas and AGA argue that appropriate). Consumers Power adds the of the contract as commercially requiring information on receipt and contract start date and end date to sensitive. ANR/CIG, on the other hand, delivery points to be included in an AGA’s list. As is now the case, AGA would add the termination date of the Index of Customers is unnecessary. proposes that the revised Index of contract to the list. El Paso supports the Texas Gas explains that with the Purchasers be included in the pipelines’ more limited Index of Customers implementation of flexible receipt and tariffs. It states that since these tariffs discussed by the Commission in Order delivery point authority under Order are currently available from the No. 563–A, and noted supra. No. 636, information concerning Commission in electronic format, c. Miscellaneous Comments. Both specific receipt and delivery points is interested parties would be able to those commenters supporting and not as meaningful or significant as it obtain the Index in electronic format opposing the concept of an index of was when the regulations requiring the directly from the Commission. ANR/CIG customers suggest various minor reporting of transportation transactions maintain that the data required in the modifications to the proposed electronic were first implemented. Texas Gas Index of Customers can be provided to Index of Customers. states that many pipelines already the Commission during a rate case, if To make the index more useful, DOE maintain updated information on their necessary. asserts that each customer’s name EBBs concerning their ‘‘master receipt INGAA argues that instead of should be accompanied by a point lists,’’ so that including such imposing a mandatory requirement that standardized I.D. number for ease of information in the Index of Customers pipelines post contract information on identification. Similarly, the Industrials would be unnecessary. El Paso, too, an electronic Index of Customers, the want to be able to correlate the notes that receipt and delivery Commission should instead allow the information reported in Statement G information is already available in the market to develop the information it with the information reported on the Operationally Available Capacity needs on its own. It states that the Index of Customers. Therefore, they section of each pipeline’s EBB. capacity release market has experienced urge the Commission to require AGA states that the Commission did rapid and widespread growth, and that consistent reporting of customer names not establish in the NOPR a relevant a number of third-party information between Statement G and the index of need for this information. Like Texas reporting systems have been developed, customers and the reporting of contract Gas, AGA, also, believes that the without the existence of a mandatory numbers on both. In addition, DOE creation of flexible receipt and delivery pipeline electronic contract reporting suggests that receipt and delivery point points for all Part 284 transportation system. information be accompanied by a service greatly decreases the need to Those commenters opposing the standardized identification number (PI– know ownership of capacity at a proposed Index of Customers suggest GRID) such as the location number used particular point. modifications if the Commission in EDI datasets. Furthermore, adoption of the index of adheres to the position an index is While supporting the proposed Index customers, according to the EBB necessary. Some commenters make of Customers, APGA suggests two Working Group, ANR/CIG, AGA, broad-based suggestions. Panhandle modifications. APGA wants a pipeline Consumers Power, and INGAA, will recommends that the same customer to file an updated copy of the Index of result in delays in implementation of information rules apply to all Customers on paper when it files a other higher priority electronic participants to the extent practicable, so general rate case. Further, APGA would communication data items. ANR/CIG that one competitor class will not be like the Commission to consider making and the EBB Working Group point out afforded an arbitrary advantage over the Index of Customers available the EBB Working Group has identified through its Central Issuance Posting eight higher priority natural gas 87 The 55 companies surveyed include pipelines, System. transactions for development and LDCs, producers, marketers, end-users, and Freeport seeks to be excluded from information services providers. AGA attaches to its implementation. INGAA and AGA comments the survey results showing this ranking the requirement to establish an EBB to question the value of the Index, citing of standardization priorities. disseminate the Index of Customers. 53056 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Freeport states that the Commission dates of the contracts, and maximum on the pipeline’s system will be expressly exempted it from having to daily contract quantities are necessary. reported, due to the decrease in the implement an EBB during its Several commenters have argued that frequency of filing. However, the Index restructuring proceedings. It argues that the contract expiration date and contract adopted will provide a snapshot profile the reasons supporting that decision quantity should not be included in the of the pipeline’s contracts on the first continue to apply here. Freeport asserts Index. We believe that this information day of each quarter. This will enable the this new regulation should not apply to is necessary for our regulatory purposes. industry to follow trends in the any interstate pipeline exempted from The information included in the Index proportion of capacity held under short- the Commission’s EBB regulations being adopted represents fundamental term firm contracts versus the under Order No. 636, or whose data about the natural gas industry— proportion of capacity held under throughput during the past twelve namely, how much of the pipeline’s longer-term contracts. months has been zero. capacity shippers have under firm With respect to cross-pipeline issues, contract. This information is basic to the the industry is currently grappling with 3. Commission Ruling Commission’s understanding of events the best way to resolve these issues. The proposal to establish an taking place in the industry. With this Therefore, the Commission believes that electronic Index of Customers has been information, the Commission will it is premature to adopt a reporting a highly contentious issue throughout remain apprised of, for example, trends standard to aid in resolution of such both the EBB standardization in the industry, the willingness of issues. Rather, the industry should be proceeding and this rulemaking shippers to hold firm capacity, the afforded time to attempt to reach a proceeding. In the NOPR, we proposed average length of time capacity remains resolution. an extensive Index of Customers. In under contract, and the proportion of Therefore, while the Commission is response, proponents of the proposed capacity rolling over under evergreen retaining the requirement that pipelines Index argue that the data included in provisions. Pipelines are beginning to file an electronic Index of Customers, the Index of Customers, particularly the deal with complex issues related to the Commission is adopting only a receipt and delivery point data, is shippers’ contracts coming up for limited Index of Customers. The Index crucial for the efficient operation of the renewal in the post-restructuring will contain for all firm customers period.88 The lack of easily accessible under contract as of the first day of the capacity release market; it will ease the 89 integration of the national pipeline data regarding customers’ contract calendar quarter, the full legal name of network by simplifying cross-pipeline levels and contract terms could hamper the shipper, the rate schedule number transactions; it provides solutions to the Commission’s ability to assess the for which service is contracted, the information integrity hurdles for impact of this phenomenon on the contract effective and expiration dates, exchanges and market center industry. The Index will provide key and the contract quantities. The developers; and it will provide a data for this purpose. Commission is requiring the full legal window on short-term firm transactions. Those commenters in favor of the name of the customer to be reported to Opponents of the proposed Index argue proposed Index of Customers have not help to ensure that the same customer just as strenuously that the data will be persuaded us that the Commission name is reported regardless of the filing burdensome and costly to provide; it is should require the pipelines to maintain or form in which it is reported. We are commercially sensitive; it identifies a comprehensive list of capacity rights also requiring that the rate schedule sensitive data about a shipper’s supply; by receipt and delivery points to aid the number be reported in the same format it is duplicative since it is supplied on secondary capacity market, or to assist as it appears in other reports and filings the pipeline’s EBB; and it may not third-party-run exchanges and market with the Commission. The Index must be posted on the always be readily available. center developers. Their comments do pipeline’s EBB, and filed electronically, In keeping with the primary goal of not make clear what practical effect providing the proposed additional once each calendar quarter. That is, on this rulemaking proceeding to eliminate the first of each calendar quarter, the unnecessary regulations, and in light of information would have on the secondary market. For example, there Index must be restated and reposted on the numerous complaints in the the EBB to include all firm contracts in comments that much of the information has been no evidence presented that the inefficiencies in the capacity release effect on that date, and filed with the is commercially sensitive, and that its Commission in electronic form. A paper disclosure would be harmful and market would be removed if detailed information on the location of capacity copy of the Index is not required to be burdensome, the Commission has filed. When a pipeline has implemented reassessed its regulatory need for the rights were made public. However, AGA’s comments stating that the the electronic Index of Customers, its information included in the proposed obligation to provide for an Index of Index of Customers. We have attempted capacity holders have incentives to market idle capacity are persuasive. Customers in its tariff will cease. In to distinguish between data that is addition, where a pipeline has received absolutely necessary for the Moreover, the Commission can require more detailed information on capacity a waiver from establishing an EBB, it Commission’s regulation of the does not have to establish an EBB in industry, and data that may not be rights to be produced in particular proceedings, as necessary. order to implement an Index of necessary for review purposes. The Customers. In that case, pipelines, such amount and type of information The Registry supports the proposed Index as a window on short-term firm as Freeport, must comply with the included in the proposed Index extends reporting requirements of section beyond that which the Commission transportation. While the Index adopted in this rule will provide information on 154.111 instead. needs to receive from all pipelines on a Several commenters argue for the regular basis to regulate the natural gas short-term firm transportation, not all short-term firm contracts entered into information included in the Index to be industry today. For the Commission’s filed in a rate case, or as part of the purposes, only a list of a pipeline’s firm 88 For example, Transwestern Pipeline Co. tariff, instead of in a separate Index of shippers, the rate schedule numbers for recently filed a settlement in Docket No. RP95–271– the services for which the shippers are 000 to deal with the turn back of significant 89 It is not necessary to require the posting of contracting, the effective and expiration amounts of capacity by a key customer. interruptible contracts in the Index of Customers. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53057
Customers. Filing the data with the rate pipelines to initially comply with the (d)(1) of section 284.11 requires the case would not be timely enough for the Index of Customers requirement within filing of a one-time report, by December Commission’s review purposes. It is true 180 days of the effective date of the final 9, 1992, for any such activity costing that filing the data as part of the tariff, rule, in order to allow ample time for more than $6.2 million that was either by updating section 154.41 or the industry and Staff to conclude their commenced between July 14, 1992 and establishing a new index, would make conferences, and for the pipelines to November 9, 1992. This provision is it publicly available in an electronic implement the resulting electronic now meaningless because it required a format. However, in the past, the elements of the Index of Customers. one-time report, and the date for filing Commission has had difficulty However, we will remove the the report has passed. Thus, paragraph extracting the Index of Customer data requirement that the index be (d)(1) is deleted from the section. from the tariff for use in spreadsheets completed within 180 days of the INGAA recommends the Commission and databases due to the inconsistent effective date of this rule. The change the filing deadline for the way the data is presented, even from Commission would like the data to be capacity report required under section page to page within a single tariff. To provided as quickly as possible, but 284.12 to May 1 to avoid conflict with make the data most useful, we are recognizes the competing demands on financial reports due in April. Freeport requiring that it be filed in a consistent the pipelines’ resources. We will require requests modification of this provision format by all pipelines. The index will the pipelines to work out a flexible in order not to require a report for any be maintained on each pipeline’s EBB in implementation schedule with staff, and year whenever there has been no change a delimited ASCII format in a file which to report back to the Commission for from the last such report filed. can be downloaded from the EBB. approval. The Commission will not change the Similarly, APGA proposed that the In the intervening period between the deadline for filing the capacity report Commission require pipelines to file an effective date of the rule and the under section 284.12. The arguments updated copy of the Index of Customers pipelines’ implementation of the made by INGAA for moving the on paper when it files a general rate electronic Index of Customers under deadline to May 1 are not persuasive. case. We will not adopt APGA’s sections 284.106 and 284.223, pipelines The filing date for the financial reports suggestion. The Index will now be providing transportation service under and the report due under section 284.12 updated quarterly, and it should be sections 284.106 or 284.223 will be have been in close proximity for some fairly simple for a paper copy of the required to comply with the Index of time. The respondents have been able to index to be generated from the Customer requirements applicable to meet the April filing deadlines in the electronic data. We will, however, adopt transportation and sales under Part 157, past, and there is no reason to assume APGA’s proposal to make the Index of as set forth in sections 154.111(b) and they cannot meet the filing deadlines in Customers available through the (c). the future. Commission’s bulletin board system. Nor will the Commission modify A number of commenters express F. Removal of Obsolete Transitional section 284.12 so that no capacity report concern about the delay that providing Requirements is required when the capacity report an electronic Index of Customers may Several sections in Part 284 were remains the same from the last report cause in implementing electronic data established by either Order No. 436 or filed. Rather than revise our regulations interchange (EDI) services which the Order No. 636 as interim measures to to provide for a situation that is likely industry has identified as being higher implement those orders, or to bridge the to be the exception and not the rule, priority. Others are concerned with the transition between the two orders. Some pipelines may, as always, seek waivers costs involved. Still others, DOE for of these provisions contained action from this provision in these instances. instance, support using EDI to transmit deadlines that have long since passed. INGAA and Texas Gas recommend the Index. Since the Commission is The Commission is removing the the Commission remove the proposing a substantial reduction in the following sections because they have recordkeeping requirement in section data included in the Index of become outdated due to subsequent 284.13. This section requires that within Customers, transmittal through EDI will events, and the current state of the 30 days after commencing any subpart not be necessary. As stated, the index regulatory environment. B or G transportation arrangement, the will be available on the pipeline’s EBB. Section 284.7(b) provides for interim pipeline keep a log that includes the Therefore, implementation of the index rates for part 284 transactions to be date of the request, the name of the should cause no delay in the charged until new transportation rates person requesting transportation, and implementation of EDI services. are filed under section 284.7, which had the volume of gas to be transported. As discussed in the electronic format to have been filed by July 1, 1986. This INGAA and Texas Gas state that this section of this rule, Section IX, the section has become obsolete, and information was based on the first- industry will be working with the therefore is no longer necessary. come, first-served capacity allocation Commission staff to develop the data Section 284.10 provides an interim procedure begun under Order No. 436, sets and other procedures necessary to program for bundled sales customers to and is no longer relevant for today’s provide for downloading of the Index of convert to firm transportation services. capacity allocation method based on Customers on the EBB. Instructions for Since Order No. 636 has unbundled price. They further state that pipelines reporting the data elements listed in the sales service, so that sales and that use methods other than price to regulations will need to be finalized. For transportation services are now separate allocate capacity must comply with the example, appropriate file names and the services, there is no need for customers capacity allocation requirements of presentation of dates still need to be to convert from one to the other. This Order No. 566. The Commission agrees determined. section is no longer applicable to the with INGAA and Texas Gas. This Thus, the final implementation of the current regulatory framework. information was primarily used to Index of Customers by the industry and Section 284.11 sets forth establish queues for the first-come, first- the Commission Staff will not occur environmental compliance requirements served allocation scheme under Order until some time after the effective date for any activity involving the No. 436, and that allocation procedure of this rule. In the NOPR, the construction of, or abandonment with was changed by Order Nos. 636 and Commission proposed to require the removal of, certain facilities. Paragraph 566. In addition, this recordkeeping 53058 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations requirement largely duplicates the log transportation arrangements authorized certificate holder to make sales for keeping requirement for allocating under section 157.209(a)(1), which resale at negotiated rates in interstate capacity contained in section 250.16(c). commenced before October 9, 1985, to commerce of any category of gas that is Therefore, section 284.13 is eliminated qualify as transportation under section subject to the Commission’s Natural Gas from the regulations. 284.223. Section 157.209(a)(1) permitted Act jurisdiction. The certificate of Section 284.14—Provisions governing section 7 certificate holders under limited jurisdiction does not subject the pipeline restructuring—was designed to section 157.201 to transport natural gas certificate holder to any other regulation implement the restructuring of only on behalf of a high-priority end under the Natural Gas Act by virtue of pipelines’ services under Order No. 636, user for a high-priority end use. Section transactions under the certificate. and contains, among other things, the 157.209(a)(1) was replaced by section Although the blanket certificate requirements for the compliance filings 284.223, and was removed from the eliminates the need for Subpart D, the pipelines were required to make, and for regulations effective November 18, Commission will retain the basic the associated restructuring 1985.90 Accordingly, the transitional authorization and rate provisions under proceedings. The restructuring process rule contained section 284.223(e) Subpart D in sections 284.141, 284.142, is now complete; therefore this section applicable to transportation under and 284.144 for those persons who may is no longer necessary. Any pipeline section 157.209 is obsolete, and no wish to make sales under the NGPA who proposes to offer transportation longer necessary. Similarly, Section instead of the blanket certificate under service under subpart B or G of part 284 284.223(f) is an interim measure that the Natural Gas Act. However, in in the future will simply file to comply was designed to implement the addition recognition that an intrastate pipeline with the requirements of this part and of blanket transportation services. This can also sell natural gas in an Order No. 636. section requires that all conversions be unbundled transaction under the Sections 284.105 and 284.125, made prior to November 1, 1990. blanket certificate, at negotiated rates, applicable to section 311 interstate and Consequently, sections 284.223(f) is also the Commission will retain a simplified intrastate transportation, respectively, obsolete, and no longer necessary. version of section 284.144 governing provided that transportation Section 284.227 grants a certificate for rates and charges as part of the arrangements existing prior to Order No. intrastate pipelines in the coastal states authorization provision set forth in 436 could continue in effect, under the for the transportation of federal offshore section 284.142. The new rate rule same terms and conditions existing gas for use in that state. Paragraph (d) within section 284.142, simplifies the prior to Order No. 436 (with some requires the intrastate pipeline current maximum sales rate rule to exception), after the issuance of Order converting from section 311 permit the gas commodity price No. 436, for an interim period that transportation service to service under negotiated in the contract, plus a fair would end, at the latest, on October 9, this section to file a conversion report. and equitable transportation rate. 1987. Thus, these transitional This conversion report was a The Commission is deleting Subpart E provisions only had effect for an interim transitional requirement, and references in its entirety, governing the assignment period that is now over. Accordingly, the initial and subsequent reports that by any intrastate pipeline to any we are eliminating sections 284.105 and are being deleted by this rule. interstate pipeline or local distribution 284.125. Accordingly, we are eliminating section company of its contractual right to Section 284.122 governs 284.227(d). receive surplus natural gas at any first transportation by intrastate pipelines Section 284.402 of Subpart L, setting sale, without prior Commission under Section 311(a)(2) of the NGPA. forth the authorization for blanket approval. The Natural Gas Wellhead The Commission is deleting paragraph marketing certificates, provides in Decontrol Act of 1989 amended the (e) of section 284.122, which sets a paragraph (c)(1) that the authorization definition of ‘‘surplus natural gas’’ in January 31, 1992 expiration date for the for an ‘‘affiliated marketer’’ with respect authorization provided under that section 312 of the NGPA to mean ‘‘any to transactions involving affiliated natural gas.’’ Moreover, the only filings section for certain transportation. This pipelines becomes effective either when transitional provision is no longer under Subpart E were made in 1979. the affiliated pipeline receives its Therefore, Subpart E is no longer required. Similarly, section 284.123, blanket sales certificate under Subpart J, governing the rates and charges for this necessary. a transportation-only affiliated The Commission is removing section section 311 transportation service, pipeline’s Order No. 636 compliance 284.222, regarding transportation by contains in subparagraph (e)(2) a filing is approved, or when the interstate pipelines on behalf of other transitional filing requirement deadline Commission terminates the affiliated of February 1, 1985 for certain pre- interstate pipelines. Since the pipeline’s RS proceeding. The Commission deleted the prior notice existing transportation arrangements; Commission will delete the latter two 92 thus, the Commission will remove requirement in Order No. 537, which conditions, since those occurrences applied to transportation by interstate section 284.123(e)(2). have passed. The Commission will also remove pipelines on behalf of shippers other sections 284.223(e) (Transitional rule for G. Other Revisions than interstate pipelines under section 284.223, but did not apply to transportation arrangements) and The Commission is deleting most of transactions under section 284.222, 284.223(f) (governing the conversion of Subpart D, governing certain sales under there is no longer any reason to transportation service under NGPA section 311 of the NGPA by intrastate distinguish between transportation section 311 to NGA section 7(c) blanket pipelines. In Order No. 547,91 the under sections 284.222 and 284.223. transportation service). Section 284.223 Commission granted any person who is Thus, the Commission will delete authorizes an interstate pipeline to not an interstate pipeline a blanket section 284.222, and apply section transport gas under a section 7 blanket certificate of public convenience and 284.223 to transportation by interstate certificate of public convenience and necessity pursuant to section 7 of the necessity for any shipper for any end Natural Gas Act, authorizing the 92 Revisions to Regulations Governing use by that shipper or any other person. Transportation under Section 311 of the Natural Section 284.223(e) was established as a 90 See 50 FR 42408 (October 18, 1995). Gas Policy Act of 1978 and Blanket Transportation transitional provision to permit 91 61 FERC ¶ 61,281 (1992). Certificates, 56 FERC ¶ 61,415 (1991). Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53059 pipelines on behalf of other interstate section 154.102(c) for the interest natural gas to the same extent as pipelines, as well as transportation by formula. This reference must be intrastate pipelines are authorized to interstate pipelines on behalf of non- changed to indicate the new provision engage in such activities under subparts interstate pipeline shippers. Therefore, in Part 154 where the interest formula C and D. The Commission is also the Commission is also modifying the now appears (section 154.501(d)). removing the reference to assignment in title of section 284.223 to read Section 284.4, specifying that all section 284.3, which sets forth the NGA ‘‘Transportation by interstate pipelines reports in Part 284 must indicate jurisdiction. on behalf of shippers.’’ quantities of gas in MMBtu’s, refers to Section 284.224(e)(5)(ii) requires the The Commission is removing sections § 270.102, which has been removed, for blanket certificate holder to file a copy 284.225 and 284.226 concerning the the definition of MMBtu. The definition of all contracts as a part of the initial full transportation of gas released under the of MMBtu previously found at § 270.102 report under sections 284.126 and good faith negotiation procedures. Order must be incorporated in this section. 284.148. Since the Commission is No. 567, 93 issued July 28, 1994, in The Commission is still requiring the deleting in subparts C and D the Docket No. RM94–18–000, removed the reporting of quantities in MMBtu’s, and requirement to file initial full reports, good faith negotiation procedures under the definition has not been changed. the Commission is also deleting section Section 270.201 as a result of the repeal Therefore, this change does not 284.224(e)(5)(ii). of maximum lawful ceiling prices under constitute a modification from past Furthermore, since the Commission is the NGPA. requirements. deleting the initial reports required in Section 284.266 concerns the rates The Commission is making a subparts C and D, the extension report and charges for emergency grammatical revision in section in subpart D, and entire subpart E, transportation and sales service by 284.8(b)(4)(iii). which also required an initial report, the interstate pipelines. Paragraph (b) of In section 284.102(e), governing the Commission is deleting section 381.404, section 284.266 governs the certifications interstate pipelines must which establishes the fee for initial or determination of the emergency sales obtain from shippers to be able to extension reports and refers to the rate, and refers to the methodology a transport gas on behalf of an intrastate removed sections. pipeline uses in designing its sales rates pipeline or local distribution company Section 284.269, concerning intrastate and its current purchased gas costs. This under section 311, the Commission is pipeline and LDC emergency sales rates, paragraph is no longer relevant in light deleting reference to a January 3, 1992 refers to removed section 284.144 for of the changes brought about by Order deadline for tariff revisions establishing the calculation of the emergency sales No. 636. Order No. 636 unbundled the certification requirement. rates. We are revising this section to transportation and sales services. All The Commission is modifying refer, instead, to section 284.142. pipelines wishing to make unbundled paragraph (b)(1) of section 284.221, As a conforming change to our action sales, and holding a blanket certificate setting forth the general rules regarding in eliminating transitional provision under subparts B or G of Part 284, were the transportation by interstate 284.14, the Commission is deleting granted a blanket certificate authorizing pipelines on behalf of others under references to sections 284.14 in, and firm and interruptible sales service with section 7(c) blanket certificates, to making modifications to, the following pre-granted abandonment. 94 The rate for delete reference to an October 31, 1989 sections: 284.221(d), 284.284(b), unbundled sales service is determined date no longer relevant, and a fee no 284.286(e), 284.287. by the market. 95 Similarly, the longer collected. Section 2.104(a), governing the discussion in paragraph (c) of section In sections 284.6(b) and 284.8(b)(5)(i), procedures for the passthrough of 284.266, regarding the treatment of we are deleting reference to the specific pipeline take-or-pay buyout and revenues, harks back to the time when street addresses of the Commission, buydown costs, refers to the grandfather transportation was the exception rather many of which are former addresses, provisions in sections 284.105 and than the rule. Pipelines primarily sold and replacing them with only the 284.223. We are eliminating the natural gas bundled with transportation, particular internal office name, the reference to these sections, since we calculating the price for the natural gas Commission’s name, and ‘‘Washington, have deleted section 284.105 and the in their purchased gas adjustments. D.C. 20426.’’ transitional provisions in paragraphs (e) Since pipelines now offer transportation In many provisions, the Commission and (f) of section 284.223. and sales services separately, with sales is deleting reference to sections that In Part 381, governing fees, section service provided at market-based prices, have been eliminated by this rule, or by 381.404, concerning the fee for initial or the crediting mechanism described in other prior rules. For example, in extension reports for Title III paragraph (c) has become an section 284.221(f)(2), we are eliminating transactions, references reports in anachronism. Therefore, sections reference to section 284.222, which is sections 284.148(e), 284.165(d), and 284.266(b) and (c) are removed. removed by this rule. Other conforming 284.126 that have been deleted. In addition, the Commission is changes are set forth below. Therefore, section 381.404 is deleted, making a number of more minor, In light of the proposed elimination of also. miscellaneous changes, such as deleting Subpart E, the Commission is removing The Commission is revising section references to dates that have passed, all references in section 284.224, 385.2011, concerning electronic filing updating the Commission’s address, and governing certain transportation, sales requirements, to update the reference to changing provisions to conform with and assignments by local distribution part 154 and to the Commission’s other changes that are being made in companies, to Subpart E, as well as to address, and add the discount rate this rule. These modifications are set the word ‘‘assignments’’ in the section report as an electronic filing forth below. provisions and in the section heading. requirement. The Commission is retaining the blanket Section 284.2(b), concerning interest VIII. Part 157 on refunds, contains a reference to certificate and rate election procedures in section 284.224 that allow local In keeping with the goals of the 93 68 FERC ¶ 61,135 (1994). distribution companies served by an NOPR, El Paso suggests that the Drilling 94 Order No. 636 at 30,437–38. interstate pipeline or Hinshaw pipeline Gas Report required by section 157.53(b) 95 Id. to engage in sales and transportation of of the Commission’s regulations can be 53060 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations eliminated, especially now that reports be filed both on paper and identifies three main forms in which pipelines are primarily transporters of electronically. The Index of Customers data can be delivered electronically, and natural gas. Section 157.53 exempts will be posted on the pipelines’ EBB’s, which allow for consistent presentation from the certificate requirements of and filed electronically only; no paper and unambiguous cross-correlation: section 7(c) of the NGA, the copy of the Index of Customers will be • Applications software, such as construction and operation of facilities required. Lotus, which are best for financial, necessary to render direct natural gas In the NOPR, the Commission performance, and other one-to-one service for use in the drilling of gas or acknowledged that the changes to the reporting subject areas; oil wells, or for use in the testing and regulations and forms that it was • Comma-delimited ASCII formats, purging of new natural gas pipeline proposing in that NOPR, and in the which allow for all PC-based facilities, as long as a drilling gas report companion NOPR in Docket No. RM95– spreadsheet and database software to describing such operations is filed 3–000, would necessitate modifications import the data set forth in this format; annually. to the electronic formats for the affected and The Commission agrees with El Paso, filings and forms. Thus, to ensure the • Relational data structures such as in part. Facilities necessary to render widest possible input, the Commission electronic data interchange (EDI),98 direct natural gas service for use in the directed its staff to convene a technical which are best for one-to-many drilling of gas or oil wells may be conference to obtain the participation of relationships and reporting areas. constructed and operated under other the industry and other users of the filed INGAA notes that at the April 4 procedures short of a full certificate information in designing the electronic conference on electronic filings, filing. For example, since pipelines filing requirements. pipelines recommended that the generally have a reduced merchant role, On April 4, 1995, the Commission electronic filing format for most reports many of the facilities of this type will staff held the technical conference to in this rulemaking should be platform be built on behalf of natural gas address the electronic filing independent (in other words, able to be producers. These facilities would be requirements associated with the used with any hardware), with eligible for a blanket certificate under proposed rules. Many issues were delimited ASCII formats for numeric subpart F of section 157. References to discussed at the conference, such as files, and Rich Text Format (RTF) for these transactions will be removed from whether to require the data to be saved text. Williston Basin and Panhandle this section. We will retain this section in files in a standard format, such as support this preference, voiced at the for facilities built to purge and test new ASCII, or to allow pipelines to submit conference, for tab-delimited or comma- natural gas pipeline facilities since these electronic data in the format of the delimited ASCII files for electronic facilities will otherwise generally applications software they employ; 97 filing of numeric data fields. require full certificate proceedings. whether the appropriate method for Williston Basin believes that the IX. Electronic Filing Requirements transmitting data to the Commission is Commission should eliminate the via diskette, or telecommunications; current flat, non-delimited ASCII A. Introduction whether the Commission or the submission format, because it is a time Currently, the Commission requires pipelines should disseminate the consuming and inefficient process. pipelines to file the Form No. 2, Form electronic data, and how dissemination Williston Basin states that tab-delimited No. 2–A, and Form No. 11 should be accomplished (i.e., on formats for numeric submissions would electronically. The pipelines file the diskette, or via the EBB); and the be more efficient, and that these formats electronic data on the following media: standardization of data elements. are readily producible from all of the diskette, 9-track magnetic tape, and 18- As a result of oral comments made at current generations of personal track cartridge. The tapes and cartridges the conference, and written comments computer operating systems and are used with the mainframe computer. submitted in this rulemaking, the applications software packages.99 However, the majority of pipelines file Commission is able to make a number Panhandle asserts that the number of their data on diskette. The present filing of decisions related to the electronic software applications and computer requirements call for the data to be filing requirements in this rule. platforms used by applicants, regulatory submitted in an ASCII flat file format. 96 However, other issues still will need to agencies, and intervenors, and the A flat file is composed of data arranged be resolved jointly with the industry. various releases of such applications in records or rows with no delimiters. Therefore, the Commission is directing used by the participants, calls for the Each data item is assigned a position in staff to convene a further technical adoption of a ‘‘common denominator’’ the row to distinguish it from other data conference, and to work with the approach for data transfer, such as in the row. This data structure was industry, as needed, to resolve the delimited ASCII, rather than a particular adopted primarily because it was well- outstanding electronic filing issues in software application or applications. suited for use on mainframe computers. both this rule and the Docket No. Panhandle adds that delimited ASCII In the NOPR, the Commission expressed RM95–3–000 rule. This conference is to formats permit columnar data fields to the desire to adopt filing requirements be held as soon as possible after the which are better suited for use on a issuance of these rules. The various 98 Electronic Data Interchange (EDI) is a means by personal computer. In this rule, the electronic filing issues raised at the which computers exchange information over Commission is requiring that the Form conference, and the comments on those communication lines using standardized formats. For example, the capacity release data posted on a Nos. 2, 2A, 11, and the discount rate issues, are addressed below. pipeline’s electronic bulletin board is also available B. Format For Electronic Filings in downloadable files that conform to the standards 96 ASCII, or ‘‘American Standard Code for for EDI promulgated by the American National Information Interchange,’’ conveys only letters, Commenters generally support a Standards Institute (ANSI) Accredited Standards punctuation, and certain symbols. It does not change to the current means of filing Committee (ASC). convey how the document should be formatted or 99 Williston Basin is not opposed to submitting what fonts to use. A delimited ASCII file is created forms electronically. The Registry electronic data in the application software it uses, by keypunching a series of symbols using commas, provided that numerical data not include formulas tab, or some other symbol to designate the space at 97 Applications software means proprietary and links, and the native application format(s) the end of a word or number (thus, ‘‘tab delimited,’’ software, such as Lotus, Quattro Pro, Excel, or supported by the Commission is producible from its ‘‘comma delimited,’’ etc.) WordPerfect. application software. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53061 be imported and exported into, and out will be determined and edit of footnotes, format for dates, and what of, most off-the-shelf software. specifications will be provided as a the industry considers to be text suitable For text only files, Panhandle and result of the conference; however, no for RTF. Since we are adopting a tab- Williston Basin support the RTF software for form-fill, edit-checking, or delimited ASCII format for numeric recommendation, which permits word printing will be provided. The industry files, the Commission is not requiring files to contain text enhancements, such is free to develop whatever software best any of the reports subject to this final as underscoring. The Registry adds that meets its needs, and the filing rule to be filed in a spreadsheet form. text files, which can be read by word requirements set forth by the Therefore, the suggestion by Registry processors, are very useful for scanning Commission. that a values-only version and a values text, such as direct testimony, tariffs, and formulas version of the spreadsheet C. Data Requirements and descriptions. RTF can be read by data be submitted is not an issue. AMI–PRO by Lotus, Word by Microsoft, The Registry recommends that the The Registry recommends adding a and Wordperfect by Novell. The format collection of information across various number of data elements to the retains most of the bold, indentation, reports and filings encourage correlation electronic version of the forms and/or tabbing, and paging formats, which can and comparison. In particular, the filings. The Commission is requiring be imported into any of the three Registry notes that: that the electronic filing be a faithful applications with a minimum effort for • Time periods should be consistent representation of the data requirements conversion and reformatting. and cross-comparable; set forth in the form or filing. The • A related issue to electronic filing Units of measurement should be electronic filing requirements will not formats is whether the Commission consistent, and only one energy and be expanded to include data not should develop form-fill software to volume unit should be employed; • specified in the paper version of the assist the pipelines to prepare the Geographic zones (i.e., county and form or enumerated in the regulations. filings. In the NOPR, the Commission states) should be equated to economic For example, where the rate schedule noted its intention to use user-friendly (i.e., rate) zones; number is reported, it should not be • Services (firm, interruptible, etc.) form-fill software. Williston Basin construed as also requiring the type of should be equated to rate schedules; and responded in support of a form-fill service to be reported, unless • Identifiers such as DUNS numbers software approach to preparation of the specifically stated in the form or of customers/contract parties should be Form No. 2, if the software package is regulations. appropriately designed and tested prior consistent. to implementation. A critical The Registry also suggests that D. Submission and Dissemination of requirement for Williston Basin would respondents should be required to Electronic Data adhere to the following standards and be data import capabilities allowing the With respect to the submission, or practices: form-fill software to receive data from filing, of the electronic data, INGAA • Standard naming conventions, page its software packages. states that, at a minimum, pipelines numbering, and ordering of fields/ The companion rule in Docket No. would prefer to file on a diskette, but RM95–3–000 adopts the use of tab- contents of spreadsheets; • are willing to investigate delimited ASCII for most numeric data, Provision of both values-only, and formulas and values, versions of data communication of data through CD- with limited use of spreadsheets for the ROM or telecommunications. INGAA rate case data. The Commission is files; and • views EDI applications for certain adopting a tab-delimited ASCII format Provision of both an edit-enabled and a password locked, edit-protected reports as an option on a voluntary for the numeric data submitted basis, where it can be shown to be cost electronically in this rulemaking, as version of each of the values-only and formulas-only files; there should be no effective. well. The Commission is adopting this In contrast, Williston Basin supports standard in light of the substantial hidden cells.100 The Commission wishes to encourage the use of telecommunications medium support it enjoys. for the submission of electronically filed The Commission is not adopting in consistent reporting among different data. While Williston Basin prefers this rule a format for the text data that electronic forms and filings. Where telecommunications submission, if is filed electronically. RTF for text data possible, the conference participants physical formats are used for enjoys substantial support. The nature should come to agreement on standards submission, Williston Basin supports of RTF is discussed at greater length in for reporting common data elements, such as dates. The participants must CD-ROM as an alternative to diskettes. the companion rulemaking. However, Current electronic filings are the Commission has certain concerns also explore at the conference what measures would be appropriate for commonly submitted on diskette, as that we wish to have addressed before noted above. Filing on diskette adopting RTF for text. Thus, the establishing the security of the data, such as locking the file with a password, continues to enjoy substantial support companion rule directs staff to establish in the comments. Thus, the standard a conference to explore further the as suggested by Registry. Further, the participants must discuss certain other means of submitting data to the efficacy of RTF for text data. At the Commission will be by diskette. conference, the participants should general issues, such as those raised by Registry, i.e., file naming conventions, However, the Commission will also address alternatives to RTF, if any, and 101 page numbering, ordering of fields/ permit submission on CD-ROM. the concerns that: (1) the data be error- The Commission does not currently free when translated; (2) translation be contents, appropriate diskette size and labelling of the diskettes. In addition, permit the filing of electronic data available in the most popular word through telecommunications. The processing programs; and (3) RTF text other issues common to electronic filing need to be addressed, such as, treatment Commission is not yet prepared to be usable in databases. accept data through In light of the industry’s support for telecommunications. Before adopting independence from a particular 100 The Registry also makes certain recommendations for the electronic filing platform or software, the Commission requirements for rate case data. The Commission is 101 Technical specifications for CD-ROM will not prepare form-fill software for addressing this issue in the companion rule in submission will appear in the electronic filing the use of the industry. The data layouts Docket No. RM95–3–000. instructions for each individual form or filing. 53062 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations filing by telecommunications, the using such means of request and allotted for the development, testing, Commission would need to put the delivery; and implementation of the applications proper hardware and software in place, • Via hard copy printout of a that will be used for generating and work out other issues. For example, translated EDI file available from the electronic versions of filed reports. In section 385.2005 requires filings with Commission; and the same vein, AGA urges the the Commission to be signed. Signatures • Via EDI formatted files on 3.5′′ 1.44 Commission to consider designing the are difficult to reproduce MB disks in write-protected mode software to operate on local area electronically.102 Such issues can be available from the Commission, with a networks. addressed at the conference to be batch file which prompts the user for The Registry recommends that FERC convened by staff. Therefore, the sender and receiver IDs for the IS and set additional schedules and a Commission will not adopt submission GS levels which, once supplied, enables procedural process, including another by telecommunications until all of the the user to translate the file with their informal technical conference, to handle issues are resolved. EDI translator. the technical aspects of data layout, With respect to the dissemination of Conversely, Williston Basin states that content, and format. The Registry the electronically filed data, INGAA and although it may support EDI for the suggests that, at the conference, the Williston Basin support the goal of transmission of certain frequent filings, Commission should establish three increased use of electronic it believes EDI would not be a cost- working groups, their chairs, their dissemination of reported data by the effective option based on the frequency agendas, and their individual Commission, and the elimination of and nature of the data being submitted. jurisdiction. The Registry proposes a hardcopy dissemination whenever It is the Commission’s intention to rate case working group dealing with practical. Panhandle, too, supports the disseminate all electronically filed data spreadsheets, file naming, formats, and industry preference that the to the extent the file size is practical for data protection; a Form No. 2 working Commission be the primary downloading. Dissemination would be group dealing with data field naming disseminator of filed information. accomplished through the and record layout for the comma- However, Williston Basin and INGAA Commission’s Gas Pipeline Data delimited filing format; and a EDI, urge the Commission to put procedures bulletin board system. Files on the market monitoring, and market in place to ensure the integrity of the bulletin board system are currently confidence working group dealing with electronic filing, and the security of any compressed for faster downloading. The EDI formats associated with the Index of confidential data. data layouts for each electronic filing Customers and discount reports. The AGD suggests that the Commission are currently made available through Registry further proposes a detailed require pipelines to post their Form No. this system. This practice will continue. procedural process and timetable for 2 filings, (including backup Since the Form No. 2 will be available resolution of the issues. information) on their EBBs. The Registry on the Commission’s bulletin board for The Registry also urges the suggests that the Form No. 2 data be all companies, we will not require the Commission to adopt a flexible made available to the public in pipelines to keep a copy of Form No. 2 implementation and compliance hardcopy printout of the electronic on the pipeline’s own bulletin board. schedule for the Index of Customers. version, and in compressed files on 3.5′′ Given the reduction in the number of Specifically, it proposes that the 1.44 MB disks, in edit-protected mode data elements to be submitted in the Commission should set beginning and in the comma-delimited format in Index of Customers and the discount end dates for compliance with the which it was filed. It states that such rate reports, the Commission does not electronic index (for example six Form No. 2 data should be available for believe EDI is necessary for months), and that the pipelines submit the price of reproduction, plus a transmission of the data. Further, a first, second, and third choices for the handling charge. The Registry also delimited ASCII file would be easier to month in which they wish to complete suggests that the diskette should contain manipulate for many members of the implementation. The Commission the record layout and description, so public using the Commission’s bulletin would then select a schedule of that users can import the company- board. Therefore, the Commission will compliance for the pipelines based on supplied data, and know how the fields not adopt EDI for the Index of these choices, using a first-come, first- correlate to the Form No. 2 data with Customers or discount rate data. served principle. In view of the need for sufficient time which they are familiar. In addition, the E. Finalization of Electronic Registry recommends that the to implement the new requirements, Requirements and Procedural INGAA suggests the changes to Form uncompressed file names should appear Considerations on the label or sleeve wrapper of the Nos. 2, 2–A, and 11 should be effective diskette. Williston Basin, Panhandle, INGAA, on the January 1st that falls at least 180 The Registry suggests that the market and AGA urge the Commission to days after publication of the final rule monitoring information, such as the postpone finalization of electronic in the Federal Register. Index of Customers and the discount requirements until such time as a final Contrary to what was stated in the rate reports, be made available to the order is issued, and sufficient time has NOPR, this rule does not finalize all of public in the following forms: been allowed beyond issuance to the electronic filing requirements. As • Via EDI formatted downloads from develop appropriate procedures, desired by the commenters, the the pipeline’s EBB or VAN, for which formats, and software. Panhandle notes Commission is allowing adequate time the pipeline has agreed to pay its that pipeline and commercial software subsequent to the issuance of this rule portion of the charges associated with developers would need time to develop, for the technical aspects of the test, and place into production, the electronic filing requirements to be 102 In the past, the Commission received systems that generate the reports finalized. As we have stated, we are purchased gas adjustment (PGA) schedules in required by the rule. In addition, convening another joint informal electronic form only. The diskette, tape, or tape Panhandle states that it will be technical conference in the two cartridge containing the PGA schedules was accompanied by a letter of transmittal. The necessary to map data points for the companion rulemaking proceedings for signature on the letter of transmittal met the new reporting requirements. Panhandle this purpose. The Commission staff will requirements of section 385.2005. is concerned that sufficient time be convene the conference as soon as Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53063 possible after the issuance of the rules. Commission to describe the impact that facilitate pipeline reporting The procedures to be subsequently a final rule will have on small entities requirements. followed will be discussed, and if or to certify that the rule will not have The Commission’s Office of Pipeline possible, established, at that conference. a significant economic impact on a Regulation uses the data in rate The Commission discusses the substantial number of small entities. An proceedings to review rate and tariff appropriate filing date for the revised analysis is not required if a final rule changes by natural gas companies for Form No. 2 elsewhere in this rule. The will not have such an impact.107 Most the transportation of gas and for general revised Form No. 2 cannot be filed gas companies to whom the final rule industry oversight under the Natural electronically until all of the electronic applies do not fall within the definition Gas Act. The Commission’s Office of filing instructions have been finalized. of a ‘‘small entity.’’ 108 Consequently, Economic Policy also uses this data in We are not requiring that pipelines file pursuant to section 605(b) of the RFA, its analysis of interstate natural gas the revised Form Nos. 2 and 2–A, either the Commission certifies that the final pipelines. in paper or electronically, until April rule will not have a significant impact The Commission is submitting to the 1997. Thus, there should be more than on a substantial number of small Office of Management and Budget a adequate time to establish and put into entities. notification of these collections of place the new electronic filing XII. Information Collection Statement information. Under the 1995 requirements prior to the filing of the Recordkeeping Reduction Act, each of revised Form Nos. 2 and 2–A. The Form The Office of Management and 109 the forms being revised or retained in Nos. 2 and 2–A for the calendar year Budget’s (OMB) regulations require this rule will carry the following notice: 1995, filed in 1996, must be filed under that OMB approve certain information ‘‘You shall not be penalized for failure the old filing requirements, including and recordkeeping requirements to respond to this collection of the old electronic filing requirements. imposed by an agency. The information information unless the collection of Given the reduction in the scope of collection requirements in this final rule information displays a valid OMB the Form No. 11 and the Index of are contained in the following: control number.’’ Customers, and the elimination of the FERC Form No. 2 ‘‘Annual Report of Interested persons may obtain changes to the discount rate report, the Major Natural Gas Companies’’ (1902– information on these reporting Commission does not anticipate a 0028); requirements by contacting the Federal lengthy delay in implementing the FERC Form No. 2–A, ‘‘Annual Report Energy Regulatory Commission, electronic filing requirements for those of Nonmajor Natural Gas Companies’’ Washington, DC 20426 [Attention: reports. We anticipate that the (1902–0030); Michael Miller, Information Services electronic filing requirements will be FERC Form No. 11, ‘‘Natural Gas Division, (202) 208–1415]. Comments finalized prior to the first filing of the Pipeline Company Monthly Statement’’ on the requirements of this rule can be Form No. 11. If not, the pipeline must (1902–0032); sent to the Office of Information and file only the paper copy of the revised FERC–549, ‘‘Gas Pipeline Rates: Regulatory Affairs of OMB, Washington, Form No. 11. In any event, a final Natural Gas Policy Act Title III D.C. 20503, (Attention: Desk Officer for schedule for the implementation of the Transactions’’ (1902–0086); Federal Energy Regulatory Commission) electronic filing requirements must be FERC–549B, ‘‘Gas Pipeline Rates: FAX: (202) 395–5167. worked out among the participants of Capacity Release Information’’ (1902– the conference. 0169); XIII. Effective Date and Transition X. Environmental Analysis FERC–576, ‘‘Reports on Pipeline Provisions The Commission is required to Systems Service Interruptions’’ (1902– This Final Rule is effective November prepare an Environmental Assessment 0004); 13, 1995 except for the changes to the or an Environmental Impact Statement FERC Form No. 8, ‘‘Underground Gas Uniform System of Accounts and Form for any action that may have a Storage Report’’ (1902–0026); and Nos. 2, 2–A, and 11, which will be significant adverse effect on the human FERC Form No. 14, ‘‘Annual Report effective January 1, 1996. environment.103 The Commission has for Importers and Exporters of Natural The NOPR proposed that the changes categorically excluded certain actions Gas’’ (1902–0027). to the Uniform System of Accounts and from these requirements as not having a By this rule, the Commission is Form Nos. 2 and 2–A be made effective significant effect on the human modernizing its regulations to reflect the January 1, 1995. The remainder of the environment.104 The action taken here is current regulatory environment that it proposed rule, including changes to procedural in nature and therefore falls instituted with Order No. 636 and the Form No. 11, was proposed to be within the categorical exclusions restructuring of the natural gas industry. effective 30 days after publication in the provided in the Commission’s Specifically, the Commission is revising Federal Register. Numerous regulations.105 Therefore, neither an its regulations to focus on transportation commenters suggested that the effective environmental impact statement, nor an services instead of pipeline sales dates for these changes be delayed and environmental assessment is necessary, activities. The revised filing implemented on a prospective basis. and will not be prepared in this requirements will improve the internal INGAA, ANR, MRT, and El Paso rulemaking. support of a pipeline’s filing, reduce the suggest that the effective date for the XI. Reporting Flexibility Certification filing burden for all parties, and parts of the final rule that make changes The Regulatory Flexibility Act to the Uniform System of Accounts and (RFA) 106 generally requires the 107 5 U.S.C. 605(b). Form Nos. 2 and 2–A should be the 108 Section 601(c) of the RFA defines a ‘‘small January 1 that falls at least 180 days entity’’ as a small business, a small not-for-profit after publication of the final rule in the 103 Order No. 486, Regulations Implementing the enterprise, or a small governmental jurisdiction. A National Environmental Policy Act, 52 FR 47897 ‘‘small business’’ is defined by reference to section Federal Register. Other commenters (Dec. 17, 1987), FERC Statutes and Regulations, 3 of the Small Business Act as an enterprise which suggest other prospective effective Regulations Preambles 1986–1990 ¶ 30,783 (1987). is ‘‘independently owned and operated and which dates: (1) January 1 at least 90 days 104 18 CFR 380.4. is not dominant in its field of operation.’’ 15 U.S.C. subsequent to issuance of the final 105 See 18 CFR 380.4(a)(2)(ii). 632(a). 106 5 U.S.C. 601–612. 109 5 CFR 1320.13. 53064 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations rule; 110 January 1 following the year of report prior year comparative data for 18 CFR Part 158 111 issuance of the final rule; and (3) the first year of operation under the new Administrative practice and 112 January 1, 1996. requirements. They argue that they need procedure, Natural gas, Reporting and Panhandle suggests that, prior to the sufficient time to modify pipeline recordkeeping requirements, Uniform issuance of the final rule on changes in electronic formats and various System of Accounts. the storage accounting requirements, the accounting and reporting systems. AGA Commission conduct a field test of the suggests that the comparative data 18 CFR Part 201 final proposed storage accounting requirement for the Statement of Natural gas, Reporting and guidelines with several interstate Retained Earnings and Statement of recordkeeping requirements, Uniform pipelines for two or three months to Cash Flows should be delayed for one System of Accounts. thoroughly evaluate the associated year to avoid restating the prior year and benefits and costs so that necessary that sufficient time should be provided 18 CFR Part 250 revisions can be made. Panhandle also to modify electronic hardware (local Natural gas, Reporting and suggests that a technical conference area networks). Consumers Power recordkeeping requirements. would be helpful. suggests that the Commission consider AGA and Consumers Power suggest adopting transition provisions, which 18 CFR Part 260 that all other revisions and changes not delay the comparative data requirement, Natural gas, Reporting and be effective until 90 days after issuance so that prior data would not have to be recordkeeping requirements. of the final rule. MRT seeks clarification restated. 18 CFR Part 284 that the remaining changes are to take Since the Commission has postponed effect only after publication of the final the effective date of the changes to the Continental shelf, Natural gas, rule in the Federal Register and not accounting and Form Nos. 2 and 2–A Reporting and recordkeeping after publication of the NOPR. reporting requirements, pipelines will requirements. In response to the comments filed, as not have to recompute or restate 18 CFR Part 381 stated above, the Commission is moving amounts related to 1995 transactions. the effective date for the changes to the In response to concerns raised by Electric power plants, Electric Uniform System of Accounts and Form commenters about the need to restate utilities, Natural gas Reporting and Nos. 2 and 2–A to January 1, 1996. In prior year’s account balances, the recordkeeping requirements. addition, to ensure a seamless transition Commission will not require such a 18 CFR Part 385 to the new Form No. 11 filing restatement for FERC accounting and requirement, the Commission will make Form Nos. 2 and 2–A reporting Administrative practice and the changes to Form No. 11 effective purposes. To do so, would result in procedure, Electric power, Penalties, January 1, 1996. All other changes retroactive application of the accounting Pipelines, Reporting and recordkeeping adopted in the final rule will become and Form Nos. 2 and 2–A rule changes requirements. effective 30 days after the final rule is contained in the final rule and would be By the Commission. published in the Federal Register.113 inconsistent with the accounting and Lois D. Cashell, The Commission believes that 30 days Forms Nos. 2 and 2–A reporting Secretary. is an appropriate time period. requirements in effect through In consideration of the foregoing, the The Commission believes the January December 31, 1995. Commission is amending Parts 2, 157, 1, 1996 effective date for the revisions Rather than waiving the reporting of 158, 201, 250, 260, 284, 381, and 385, to the Uniform System of Accounts and comparative data or adopting Chapter I, Title 18, Code of Federal Form Nos. 2, 2–A, and 11 will provide transitional reporting pages, the Regulations, as set forth below. adequate time for pipelines to adapt to Commission will permit pipelines to the requirements of the final rule and to use the previous data (1995) on the PART 2ÐGENERAL POLICY AND make the necessary modifications to Form No. 2 or Form No. 2–A reports for INTERPRETATIONS their recordkeeping systems. the 1996 reporting year filed in 1997. Since the Commission is permitting The pipelines must footnote the place in 1. The authority citation for part 2 use of the fixed asset and the inventory the report where the previous year’s continues to read as follows: 114 methods of accounting for system gas data is reported for the item. Authority: 15 U.S.C. 717–717w, 3301– and has simplified our accounting However, no amounts need to be 3432; 16 U.S.C. 791a–825r, 2601–2645; 42 requirements for encroachments and reported for the previous year on U.S.C. 4321–4361, 7101–7352. replacements of system gas under the schedules 302–307. § 2.104 [Amended] fixed asset model, the Commission sees List of Subjects no need to conduct a field test or to hold 2. In § 2.104(a), the words ‘‘(other a technical conference on our new 18 CFR Part 2 than under the grandfather provisions of storage accounting requirements. Administrative practice and § 284.105 or § 284.223)’’ are removed. A number of commenters raise a procedure, Electric power, Natural gas, variety of implementation issues PART 157ÐAPPLICATIONS FOR Pipelines, Reporting and recordkeeping CERTIFICATES OF PUBLIC resulting from the adoption of changes requirements. to Uniform System of Accounts and CONVENIENCE AND NECESSITY AND Form Nos. 2 and 2–A in the final rule. 18 CFR Part 157 FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER INGAA, Panhandle, and ANR ask the Administrative practice and SECTION 7 OF THE NATURAL GAS Commission to waive the requirement to procedure, Natural gas, Reporting and ACT recordkeeping requirements. 110 AGA. 3. The authority citation for part 157 111 Consumers Power. 114 For example, the footnote should indicate in continues to read as follows: 112 KN. which Account No. 489 subaccount the 1995 total 113 In response to Texas Intrastates, this includes for revenues from the transportation of gas of others Authority: 15 U.S.C. 717–717w, 3301– the NGPA Section 311 material. is reported. 3432; 42 U.S.C. 7101–7352. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53065
§ 157.53 [Amended] the certification of compliance made by Nonmajor companies, account 404, 4. In § 157.53, the words ‘‘Drilling of an independent accountant pursuant to Amortization of Limited-Term Gas gas or oil wells and testing’’ are this paragraph. Plant)’’ are removed. removed from the section heading and 8. In section 158.12, the words ‘‘The 17. In Part 201, Gas Plant Instructions, the word ‘‘Testing’’ is added in their Commission will not recognize any paragraphs 7C. and 7E., the words ‘‘or place, the words ‘‘drilling of gas or oil certified public accountant or public in the case of Major companies,’’ are wells or for the use in the’’ are removed accountant through December 31, 1975, removed. from paragraph (a), and the words ‘‘well who is not in fact independent. 18. In Part 201, Gas Plant Instructions, or the’’ are removed from paragraph (b). Beginning January 1, 1976, and each paragraph 7D., the words ‘‘In the case of year thereafter, the’’ are removed and Major companies, a parcel,’’ are PART 158ÐACCOUNTS, RECORDS, the word ‘‘The’’ is added in their place. removed and the words ‘‘A parcel’’ are AND MEMORANDA added in their place. PART 201ÐUNIFORM SYSTEM OF 19. In Part 201, Gas Plant Instructions, 5. The authority citation for part 158 ACCOUNTS PRESCRIBED FOR paragraph 7G., the words ‘‘in the case of is revised to read as follows: NATURAL GAS COMPANIES SUBJECT Major companies,’’ are removed. Authority: 15 U.S.C. 717–717w, 3301– TO THE PROVISIONS OF THE 20. In Part 201, Gas Plant Instructions, 3432; 42 U.S.C. 7102–7352. NATURAL GAS ACT paragraph 7H., the words ‘‘(For Major companies, see,’’ are removed and the 6. Section 158.10 is revised to read as 9. The authority citation for Part 201 word ‘‘(See’’ is added in its place, and follows: continues to read as follows: the last two sentences of the § 158.10 Examination of Accounts. Authority: 15 U.S.C. 717–717w, 3301– parenthetical are removed and the All natural gas companies not 3432; 42 U.S.C. 7101–7352, 7651–7651o. words ‘‘, and account 797, classified as Class C or Class D prior to 10. In Part 201, Definitions, Abandonment, leases’’ are added in January 1, 1984 shall secure for each Definitions 13, 15, 16, 32B, 38, and 39 their place. year, the services of an independent are amended by removing the words ‘‘in 21. In Part 201, Gas Plant Instructions, certified public accountant, or the case of Major natural gas paragraph 8G., the words ‘‘(Major independent licensed public accountant companies,’’ and Definition 29 is natural gas companies)’’ are removed at (licensed on or before December 31, amended by removing the words the end of Items 2, 6, 11, 12, 18, 19, 22, 1970), certified or licensed by a ‘‘(Major natural gas companies).’’ 28, 29, 32, 35, 36, 39, 40, 41, 42, 44, 45, regulatory authority of a State or other 11. In Part 201, General Instructions, 47, 49, 52, 53, 55, 58, 60, 61, 62, 64, 65, political subdivision of the United paragraph 1 is revised to read as 66, and 67. 18. In Part 201, Gas Plant States, to test compliance in all material follows: Instructions, paragraph 10E., the words respects of those schedules that are ‘‘or in the case of Major companies,’’ General Instructions indicated in the General Instructions set immediately following the words ‘‘Gas out in the applicable Annual Report, 1. Applicability. Each natural gas Plant Held for Future Use’’ are removed. Form No. 2 or Form No. 2–A, with the company must apply the system of 22. In Part 201, Gas Plant Instructions, Commission’s Uniform System of accounts prescribed by the Commission. paragraph 10F., the words ‘‘(account Accounts and published accounting * * * * * 110, Accumulated Provision for releases. The Commission expects that 12. In Part 201, General Instructions, Depreciation, Depletion and identification of questionable matters by paragraphs 8, 12, 14, 15, and 16, the Amortization of Gas Utility Plant, in the the independent accountant will words ‘‘(Major natural gas companies)’’ case of Nonmajor companies)’’ and the facilitate their early resolution and that are removed at the end of each heading, words ‘‘(account 110 for Nonmajor the independent accountant will seek and in the heading for paragraph 21, the companies)’’ are removed. advisory rulings by the Commission on words ‘‘(Nonmajor natural gas 23. In Part 201, Gas Plant Instructions, such items. This examination shall be companies)’’ are removed. paragraph 10G., the words ‘‘In the case deemed supplementary to periodic 13. In Part 201, Gas Plant Instructions, of Major companies, the accounting for’’ Commission examinations of paragraph 1, the words ‘‘Classification are removed and the words ‘‘The compliance. of utilities (Major natural gas accounting for’’ are added in their place. 7. Section 158.11 is revised to read as companies)’’ are removed from the 24. In Part 201, Gas Plant Instructions, follows: heading and the words ‘‘Classification paragraph 11C, the words ‘‘In the case of gas plant at the effective date of the of Major companies, each utility’’ are § 158.11 Report of certification. system of accounts’’ are added in their removed and the words ‘‘Each utility’’ Each natural gas company not place. are added in their place. classified as Class C or Class D prior to 14. In Part 201, Gas Plant Instructions, 25. In Part 201, Gas Plant Instructions, January 1, 1984 shall file with the paragraph 3, introductory text, the paragraph 12, the words ‘‘(105.1, Commission a letter or report of the words ‘‘For Major natural gas Production Properties Held for Future independent accountant certifying companies’’ are removed and the words Use, in the case of Major companies)’’ approval, together with the original and ‘‘A. The’’ are added in their place; the are removed and the words ‘‘105.1, each copy of the filing of the applicable words ‘‘(Major and Nonmajor Natural Production Properties held for Future Annual Report, Form No. 2 or Form No. Gas Companies)’’ are removed from Use,’’ are added in their place, and the 2–A, covering the subjects and in the paragraphs 3A.(17) and 3A.(19), and words ‘‘(Major Companies)’’ in the note format prescribed in the General paragraph 3B. is removed. are removed. Instructions of the applicable Annual 15. In Part 201, Gas Plant Instructions, 26. In Part 201, Gas Plant Instructions, Report. The letter or report shall also set paragraph 4C., the words ‘‘For Major paragraph 14, the words ‘‘(Major natural forth which, if any, of the examined natural gas companies, the’’ are gas companies)’’ are removed at the end schedules do not conform to the removed and the word ‘‘The’’ is added of the heading. Commission’s requirements and shall in their place. 27. In Part 201, Gas Plant Instructions, describe the discrepancies that exist. 16. In Part 201, Gas Plant Instructions, paragraph 15A., the words ‘‘(account The Commission shall not be bound by paragraph 6A., the words ‘‘(For 180, Other Deferred Debits, in the case 53066 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations of Nonmajor companies)’’ are removed (a) Inventory Method—Gas stored Gas owned by the utility and injected from paragraph A.(1), the words ‘‘(the during the year must be priced at cost into its system will be deemed to satisfy amounts recorded in account 186 shall according to generally accepted any encroachment on system gas first be cleared to the appropriate plant methods of cost determination before any other use. accounts, in the case of Nonmajor consistently applied from year to year. 117.1 Gas stored-base gas. companies)’’ are removed from Transmission expenses for facilities of paragraph A.(2), and the words the utility used in moving the gas to the This account is to include the cost of ‘‘(Account 180 in the case of Nonmajor storage area and expenses of storage recoverable gas volumes that are companies)’’ are removed from facilities cannot be included in the necessary, in addition to those volumes paragraph A.(3). inventory of gas except as may be for which cost are properly includable 28. In Part 201, Gas Plant Instructions, authorized or directed by the in Account 101, Gas plant in service, to paragraph 16 is removed. Commission. maintain pressure and deliverability 29. In Part 201, Operating Expense Withdrawals of gas must be priced requirements for each storage facility. Instructions, paragraph 1, the words using the first-in-first-out, last-in-first- Nonrecoverable gas volumes used for ‘‘(Major natural gas companies)’’ at the out, or weighted average cost method, this purpose are to be recorded in end of the heading are removed. provided the method adopted by the Account 352.3, Nonrecoverable natural 30. In Part 201, Balance Sheet Chart utility is used consistently from year to gas. For utilities using the fixed asset of Accounts, and Balance Sheet year and appropriate inventory records method of accounting, the cost of base Accounts, the words ‘‘(Major only)’’ at are maintained. Approval of the gas applicable to each gas storage the end of the headings of Accounts Commission must be obtained for any facility shall not be changed from the 103, 105.1, 106, 108, 111, 115, 117, 123, other pricing method, or change in the amount initially recorded except to 123.1, 125, 126, 128, 131 through 135, pricing method adopted by the utility. reflect changes in volumes designated as 151 through 153, 155, 156, 163, 164.3, (b) Fixed Asset Method—The cost of base gas. If an inventory method is used 166, 167, 171 through 173, 183.1, 183.2, system gas designated by the to account for gas included herein, the 184, 185, 188, 202, 203, 205 through Commission as available for utility may, at its election, price 210, 216.1, 222, 238 through 241 are transmission load balancing and other withdrawals in accordance with the removed. uses associated with maintaining instructions to Account 117.4. efficient transmission operations must 31. In Part 201, Balance Sheet Chart 117.2 System balancing gas. of Accounts, and Balance Sheet be determined from the book balances This account is to be used to record Accounts, Accounts 103.1, 110, 117, on the date of adoption of the ‘‘fixed the cost of system gas designated as 129, 130, and 218 are removed, and in asset’’ method. If at the date of adoption, available for transmission load Balance Sheet Chart of Accounts, the actual volumes are less than the balancing (including no-notice Accounts 117.1 through 117.4 and their maximum volumes authorized by the Commission, the deficient volumes are transportation) and other uses respective titles are added to read as associated with maintaining efficient follows: to be priced at the current market price with an equal amount being credited to transmission operations other than gas Balance Sheet Chart of Accounts Account 117.4. properly recordable in Account 117.1 or * * * * * Withdrawals that encroach upon the the plant accounts. Detailed records 117.1 Gas stored-Base gas. designated volumes must be priced at must be kept separately identifying 117.2 System balancing gas. an amount equal to the current market volumes and unit prices of system gas 117.3 Gas stored in reservoirs and price of gas available to the utility. held in underground storage facilities pipelines-noncurrent. and held in pipelines. 117.4 Gas owed to system gas. Account 808.1, Gas withdrawn from storage—debit, must be charged with For utilities using fixed asset * * * * * such amount and Account 117.4, Gas accounting, the cost initially recorded 32. In Part 201, Balance Sheet owed to system gas, credited. herein cannot be changed except for Accounts, Account 116, paragraph A, For the purpose of these instructions, adjustments to volumes designated as the words ‘‘For major companies, see’’ current market price is the delivered system gas. Encroachments upon system are removed, and the word ‘‘See’’ is spot price of gas in the utility’s supply gas must be accounted for in accordance added in their place. area, as published in a recognized with the instructions to Account 117.4, 33. In Part 201, Balance Sheet industry journal. The publication used Gas owed to system gas. Accounts, Account 117 is removed, and must be the same one identified in the new Special Instructions and Accounts 117.3 Gas stored in reservoirs and utility’s tariff for use in its cash-out 117.1, 117.2, 117.3, and 117.4 are added pipelinesÐnoncurrent. provision, if it has one. If the utility to read as follows: This account is to include the cost of does not have a cash-out provision, it stored gas owned by the utility and Balance Sheet Accounts must use one publication consistently available for sale or other purposes. Gas * * * * * and identify the publication in its included in this account must be records. accounted for using an inventory Special Instructions to Accounts 117.1, When replacement of the gas is made, 117.2 and 117.3 method in accordance with the Special the amount carried in Account 117.4 for Instructions to Accounts 117.1, 117.2, The investment in and use of system such volumes must be cleared and and 117.3 above. gas included in Account 117.1, Gas Account 808.2, Gas delivered to Stored—Base Gas, and Account 117.2, storage—credit. Any difference between 117.4 Gas owed to system gas. System Balancing Gas, may be the utility’s cost of replacement gas This account is to be used to record accounted for using either the ‘‘fixed volumes and the amount cleared from encroachments of system gas under the asset’’ method or an ‘‘inventory’’ Account 117.4 must be recognized as a fixed asset method. This account may method as set forth below. The cost of gain in Account 495, Other gas also be used to record encroachments of stored gas included in Account 117.3 revenues, or as a loss in Account 813, base gas for utilities electing to use an must be accounted for using an Other gas supply expenses, with contra inventory method of accounting for inventory method. entries to Account 808.2. system gas. Utilities may revolve Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53067 cumulative net imbalances, net all Balance Sheet Accounts for gas in unbalanced transactions transactions, and record one monthly * * * * * where gas is received from another party entry with one month-end price for in exchange, load balancing, or no- valuation purposes. 174 Miscellaneous current and accrued notice transportation transactions. (See * * * * * assets. Account 806.) If the amount payable is 34. In Part 201, Balance Sheet * * * * * settled by other than gas, Account 495, Accounts, Account 154, the words ‘‘For B. The utility is to include in a Other Gas Revenues, must be credited or Nonmajor utilities, this account shall separate subaccount amounts receivable Account 813, Other gas supply include the cost of fuel on hand and for gas in unbalanced transactions expenses, charged for the difference unapplied materials and supplies where gas is delivered to another party between the amount of the (except meters and house regulators). in exchange, load balancing, or no- consideration paid and the recorded For both Major and Nonmajor utilities, notice transportation transactions. (See amount of the payable settled. Records it’’ are removed from the introductory Account 806.) If the amount receivable are to be maintained so that there is text of paragraph A and the words ‘‘This is settled by other than gas, Account readily available for each party entering account’’ are added in their place, 495, Other Gas Revenues must be gas exchange, load balancing, or no- paragraph C and Note B are removed, credited or Account 813, Other Gas notice transportation transactions, the Note A is redesignated Note, and the Supply Expenses, charged for the quantity and cost of gas received and words ‘‘they may be charged to a stores difference between the amount of the the amount and basis of consideration expense clearing account (account 163, consideration received and the recorded paid if other than gas. Stores Expenses Undistributed, in the amount of the receivable settled. * * * * * case of Major Utilities), and distributed Records are to be maintained so that 42. In Part 201, Gas Plant Chart of therefrom to the appropriate accounts’’ there is readily available for each party Accounts and Gas Plant Accounts, the in redesignated Note are removed and entering gas exchange, load balancing, words ‘‘(Major only)’’ at the end of each the words ‘‘they shall be charged to or no-notice transportation transactions, title of Accounts 363, 363.1 through account 163, Stores expenses the quantity and cost of gas delivered, 363.4, and 364.1 through 364.8 are Undistributed’’ are added in their place. and the amount and basis of removed. consideration received, if other than gas. 35. In Part 201, Balance Sheet 43. In Part 201, Gas Plant Accounts, * * * * * Accounts, Account 164.1 is revised to Accounts 302, paragraph C, and 303, 38. In Part 201, Balance Sheet read as follows: paragraph B, the words ‘‘(For Nonmajor Accounts, Account 186, the words ‘‘For Companies; account 110, Accumulated Balance Sheet Accounts Major companies, this account shall’’ Provisions for Depreciation, Depletion * * * * * are removed from paragraph A, and the and Amortization of Gas Utility Plant)’’ words ‘‘This account shall’’ are added in following the words ‘‘Gas Utility Plant’’ 164.1 Gas storedÐcurrent. their place, paragraph B is removed, are removed. paragraph C is redesignated as This account shall be debited with 44. In Part 201, Gas Plant Accounts, such amounts as are credited to Account paragraph B, and all the words in parenthesis in redesignated paragraph B Account 352.3, paragraph B is revised to 117.2, System balancing gas, (for read as follows: utilities using an inventory method of are removed. 39. In Part 201, Balance Sheet accounting for system gas) and Account Gas Plant Accounts Accounts, in the Note following 117.3, Gas Stored in Reservoirs and * * * * * Account 204, the words ‘‘(For Nonmajor Pipelines-Noncurrent, to reflect companies, account 211, Miscellaneous classification for balance sheet purposes 352.3 Nonrecoverable natural gas. Paid-In Capital)’’ are removed. * * * * * of such portion of the inventory of gas 40. In Part 201, Balance Sheet stored as represents a current asset Accounts, Account 211, the words ‘‘(In B. Such nonrecoverable gas shall be according to conventional rules for the case of Nonmajor companies, this priced at cost according to generally classification of current assets. account shall be kept so as to show the accepted methods of cost determination Note: It shall not be considered conformity source of the credits includible herein)’’ consistently applied. (See the Special to conventional rules of current asset are removed, the ITEMS section and Instructions to Accounts 117.1, 117.2, classification if the amount included in this Note B are removed, Note A is and 117.3. account exceeds an amount equal to the cost * * * * * of estimated withdrawals of gas from storage redesignated Note, and the words within the 24-month period from date of the ‘‘(Major companies)’’ are removed from 45. In Part 201, Income Chart of balance sheet, or if the amount represents a the heading of redesignated Note. Accounts and Income Accounts, volume of gas which, in fact, could not be 41. In Part 201, Balance Sheet Accounts 403, 404.1, 404.2, 404.3, and withdrawn from storage without impairing Accounts, Account 242 is revised to 418.1, the words ‘‘(Major only)’’ are pressure levels needed for normal operating read as follows: removed from the end of the headings. purposes. Balance Sheet Accounts 46. In Part 201, Income Chart of * * * * * Accounts, Accounts 403.1 and 404 are 36. In Part 201, Balance Sheet * * * * * removed. Accounts, Accounts 164.2, paragraph D 242 Miscellaneous current and accrued 47. In Part 201, Income Accounts, and 164.3, paragraph D, the words liabilities. Accounts 421.1 and 421.2, the words ‘‘Mcf’’ and ‘‘Mcf (or Btu),’’ respectively, A. This account shall include the ‘‘(Major only)’’ are removed. are removed, and the words ‘‘Dth’’ are amount of all other current and accrued 48. In Part 201, Operating Revenue added in their place. liabilities not provided for elsewhere Chart of Accounts, Account 489 and its 37. In Part 201, Balance Sheet appropriately designated and supported respective title is removed, and Accounts, Account 174, the current text as to show the nature of each liability. Accounts 489.1 through 489.4 and their is designated paragraph A, and a B. The utility is to include in a respective titles are added to read as paragraph B is added to read as follows: separate subaccount amounts payable follows: 53068 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Operating Revenue Chart of Accounts 491 Revenues from natural gas processed be maintained and readily available to by others. support the gains included in this account. * * * * * * * * * * 9. Include in a separate subaccount 489.1 Revenues from transportation of gas B. The records supporting this revenues from penalties earned pursuant to of others through gathering facilities. tariff provisions, including penalties account must be maintained so that full associated with cash-out settlements. information concerning determination 489.2 Revenues from transportation of gas of others through transmission facilities. of the revenues will be readily available * * * * * concerning each processor of gas of the 55. In Part 201, Operation and 489.3 Revenues from transportation of gas utility, including as applicable (a) The Maintenance Expense Chart of Accounts of others through distribution facilities. Dth of gas delivered to such other party and Operation and Maintenance for processing, (b) the Dth of gas Expense Accounts, the words ‘‘(Major 489.4 Revenues from storing gas of only)’’ are removed at the end of each others. received back from the processor, (c) the field, general production area , or other title of Accounts 700 through 708, 711 * * * * * through 724, 725 through 729, 730, 732 49. In Part 201, Operating Revenue source of the gas processed, (d) Dth of gas used for processing fuel, etc., which through 735, 740 through 742, 751 Chart of Accounts and Operating through 754, 756, 757, 761, 762, 765 Revenue Accounts, Account 482, the is chargeable to the utility, (e) total gallons of each product recovered by the through 769, 770 through 775, 777 words ‘‘(Major only)’’ are removed at the through 791, 800, 801 through 804.1, end of the headings. processor and the utility’s share thereof, (f) the revenues accruing to the utility, 806, 809.1, 809.2, 810, 815 through 822, 50. In Part 201, Operating Revenue 824, 830, 831, 833 through 837, 840 Accounts, Account 481, paragraph C, and (g) the basis of determination of the revenues accruing to the utility. Such through 847.8, 851 through 853, 854 the words ‘‘(Major companies)’’ are through 857, 859, 861, 862, 865 through removed from the introductory text, and records shall be maintained even though no revenues are derived from the 867, 871 through 873, 875 through 877, the word ‘‘Mcf’’ is removed and the 880, 885 through 892, 894, 901, 905, 907 word ‘‘Dth’’ is added in its place each processor. 54. In Part 201, Operating Revenue through 913, and 916. time it appears. 56. In Part 201, Operation and 51. In Part 201, Operating Revenue Accounts, Account 495 is revised to read as follows: Maintenance Expense Chart of Accounts Accounts, Account 488, Item 3, the and Operation and Maintenance words ‘‘For Major Companies, see,’’ are Operating Revenue Accounts Expense Accounts, Accounts 724.1, removed and the word ‘‘See’’ is added 729.1, 737, 743, 769.1, 792, 799, 812.1, in its place. * * * * * 827, 838, 839, 853.1, 857.1, 868, 880.1, 52. In Part 201, Operating Revenue 495 Other gas revenues. 892.1, 895, 906, 917, and 933 are Accounts, Account 489 is removed, and This account includes revenues removed, and Account 935 is new Accounts 489.1, 489.2, 489.3, and derived from gas operations not redesignated Account 932. 489.4 are added to read as follows: includible in any of the foregoing 57. In Part 201, Operation and Operating Revenue Accounts accounts. Maintenance Expense Accounts, * * * * * Account 710, the words ‘‘A. For Major Items companies, this’’ are removed from 489.1 Revenues from transportation of gas 1. Commission on sale or distribution of paragraph A, and the word ‘‘This’’ is of others through gathering facilities. gas of others when sold under rates filed by added in its place, and paragraph B and This account includes revenues from such others. the Items section are removed. transporting gas for other companies 2. Compensation for minor or incidental 58. In Part 201, Operation and through the gathering facilities of the services provided for others such as customer Maintenance Expense Accounts, utility. billing, engineering, etc. Account 731A and 731B, the words 3. Profit or loss on sale of material and ‘‘(for Nonmajor companies, account 154, 489.2 Revenues from transportation of gas supplies not ordinarily purchased for resale and not handled through merchandising and Plant Materials and Operating of others through transmission facilities. Supplies)’’ are removed. This account includes revenues from jobbing accounts. 4. Sales of steam, water, or electricity, 59. In Part 201, Operation and transporting gas for other companies including sales or transfers to other Maintenance Expense Accounts, through the transmission facilities of the departments of the utility. Account 750, the words ‘‘For Major utility. 5. Miscellaneous royalties received. companies, this’’ in paragraph A are 6. Revenues from dehydration and other 489.3 Revenues from transportation of gas removed and the word ‘‘This’’ is added processing of gas of others, except products of others through distribution facilities. in their place, and in paragraph B, extraction where products are received as under Items, the words ‘‘(Major and This account includes revenues from compensation and sales of such are transporting gas for other companies includible in account 490, Sales of Products Nonmajor)’’ in the heading ‘‘Items through the distribution facilities of the Extracted From Natural Gas, and except (Major and Nonmajor)’’ and the heading utility. compression of gas of others, revenues from ‘‘Nonmajor Only’’ and Items 5 through which are includible in accounts 489.1, 21 are removed. 489.4 Revenues from storing gas of 489.2, or 489.3, Revenues from 60. In Part 201, Operation and others. Transportation of Gas of Others. Maintenance Expense Accounts, This account includes revenues from 7. Include in a separate subaccount, Account 755, the words ‘‘stations storing gas for other companies. revenues in payment for rights and/or (including in the case of Major benefits received from others which are * * * * * companies, applicable amounts of fuel realized through research, development, and stock expenses)’’ in paragraph A are 53. In Part 201, Operating Revenue demonstration ventures. Accounts, Account 491, paragraph B is 8. Include in a separate subaccount, gains removed and the words ‘‘stations, revised to read as follows: on settlements of imbalance receivables and including applicable amounts of fuel stock expenses’’ are added in their Operating Revenue Accounts payables (See Accounts 174 and 242) and gains on replacement of encroachment place, the words ‘‘For Major companies, * * * * * volumes (See Account 117.4). Records must respective’’ in paragraph B are removed Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53069 and the word ‘‘Respective’’ is added in identified in the pipeline’s tariff for use 808.1 Gas withdrawn from storage-debit. their place, Note B is removed, Note A in its cash-out provision, if it has one. A. This account shall include debits is redesignated Note, and the words If it has no cash-out provision, the for the cost of gas withdrawn from ‘‘(Major Companies)’’ is removed from utility must use one publication storage during the year. Contra credits redesignated Note. consistently. Contra entries to those for entries to this account shall be made 61. In Part 201, Operation and recorded herein must be made to the to Account 117.3, Gas Stored in Maintenance Expense Accounts, appropriate transportation revenue Reservoirs and Pipelines-Noncurrent, or Account 759, the words ‘‘(Major account (Account 489.1 through Account 117.4, Gas Owed to System companies only)’’ in the introductory Account 489.4). Records are to be Gas, or Account 164.2, Liquefied text are removed, the headings ‘‘Major maintained and readily available that Natural Gas Stored, as appropriate. (See only’’ and ‘‘(Nonmajor companies):’’ in include the name of shipper, quantity of the Special Instructions to Accounts the Items section are removed, and gas, and the publication and price used 117.1, 117.2, and 117.3). Items 1 through 18 following Item 5 are to value shipper-supplied gas. * * * * * removed. * * * * * 62. In Part 201, Operation and 808.2 Gas delivered to storage-credit 68. In Part 201, Operation and Maintenance Expense Accounts, A. This account shall include credits Maintenance Expense Accounts, Account 776, the words ‘‘in the case of for the cost of gas delivered to storage Account 806 is revised to read as Major companies,’’ the words ‘‘(Major during the year. Contra debits for entries follows: only)’’ following the heading ‘‘Items’’, to this account shall be made to and the Note at the end of the account Operation and Maintenance Expense Account 117.3, Gas Stored in Reservoirs are removed. Accounts and Pipelines-Noncurrent, Account 63. In Part 201, Operation and 117.4, Gas Owed to System Gas, or * * * * * Maintenance Expense Accounts, Account 164.2, Liquefied Natural Gas Account 795, Note, the words ‘‘(in the 806 Exchange gas. Stored, as appropriate. (See the Special case of Nonmajor Companies, account Instructions to Accounts 117.1, 117.2, 105, Gas Plant Held for Future Use)’’ are A. This account includes debits or and 117.3). removed. credits for the cost of gas in unbalanced * * * * * 64. In Part 201, Operation and transactions where gas is received from 71. In Part 201, Operation and Maintenance Expense Accounts, or delivered to another party in Maintenance Expense Accounts, Account 796, Note A, the words ‘‘(in the exchange, load balancing, or no-notice Account 813, the current text is case of Nonmajor companies, General transportation transactions. The costs designated paragraph A, and the Instruction 21, Gas Well Records)’’ are to be determined from the current existing concluding text is added to the following the words ‘‘Each Plant’’ are market price of gas at the time gas is end of newly designated paragraph A, removed. tendered for transportation. (See the the words ‘‘, in the case of Major 65. In Part 201, Operation and Special Instructions to Accounts 117.1, companies,’’ are removed from Maintenance Expense Accounts, 117.2, and 117.3 for the definition of the redesignated paragraph A, and a new Account 797, paragraph A, the words current market price of gas.) Contra paragraph B is added to read as follows: ‘‘For Major companies, this’’ are entries to those in this account are to be removed, the word ‘‘This’’ is added in made to Account 174, Miscellaneous Operation and Maintenance Expense their place, and the sentence following Current and Accrued Assets, for gas Accounts the word ‘‘productive.’’ is removed, and receivable and to Account 242, * * * * * in paragraph B, the words ‘‘(Major Miscellaneous Current and Accrued only)’’ are removed. Liabilities, for gas deliverable under 813 Other gas supply expenses. 66. In Part 201, Operation and such transactions. Such entries must be * * * * * Maintenance Expense Accounts, reversed and appropriate contra entries B. Include in separate subaccounts: Account 798, the words ‘‘for Major made to this account when gas is (1) losses on settlements of imbalance companies,’’ and the words ‘‘for received or delivered in satisfaction of receivables and payables (See Account ‘‘Nonmajor companies, see account 186, the amounts receivable or deliverable. 174 and 242) and losses on replacement Miscellaneous Deferred Debits’’ are of encroachment volumes (See the removed. B. Records must be maintained so that 67. In Part 201, Operation and there is readily available for each party Special Instructions to Accounts 117.1, Maintenance Expense Accounts, entering gas exchange, load balancing, 117.2 and 117.3); (2) revaluations of Account 805, a new paragraph C is or no-notice transportation transactions, storage encroachments; and (3) system added to read as follows: the quantity and cost of gas delivered gas losses not associated with storage. and received. Appropriate records must be maintained Operation and Maintenance Expense * * * * * and readily available that include the Accounts amount of losses and associated 69. In Part 201, Operation and * * * * * volumes in Dth. Maintenance Expense Accounts, 72. In Part 201, Operation and 805 Other gas purchases. Account 807, paragraph D, the words Maintenance Expense Accounts, * * * * * ‘‘(Major companies’’) are removed. Account 814, paragraph B and the Items C. Utilities recognizing revenue for 70. In part 201, Operation and (Nonmajor only) section are removed, shipper-supplied gas must include the Maintenance Expense Accounts, and in paragraph A, the designation current market price of such gas in this paragraph A of Accounts 808.1 and ‘‘A.’’ and the words ‘‘For Major account. Current market price is the 808.2 are revised to read as follows: companies, this’’ are removed and the delivered spot price of gas in the word ‘‘This’’ is added in their place. Operation and Maintenance Expense utility’s supply area, as published in a 73. In Part 201, Operation and Accounts recognized industry journal. The Maintenance Expense Accounts, publication used must be the same one * * * * * Account 823, the words ‘‘For Major 53070 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations companies, see’’ are removed and the 13. Transportation, meals and incidental Natural Gas Production and Gathering, word ‘‘See’’ is added in their place. expenses. account 769 74. In Part 201, Operation and * * * * * Natural Gas Production Extraction, account 791 Maintenance Expense Accounts, 83. In Part 201, Operation and Maintenance Expense Accounts, Underground Storage, account 837 Account 845.6B, the words ‘‘Mcf or Dth, Local Storage, account 846.2 as appropriate,’’ are removed and the Account 903, the words ‘‘(Major only)’’ Transmission Expenses, account 867 word ‘‘Dth’’ is added in their place. at the end of Item 26 are removed, and Distribution Expenses, account 894 Items 31 and 32 are removed. 75. In Part 201, Operation and Merchandising and Jobbing, account 416 84. In Part 201, Operation and Maintenance Expense Accounts, Garage, Shops, etc.—appropriate clearing Maintenance Expense Accounts, Account 850, paragraph B and the Items account, if used. Account 924, the words ‘‘For Major (Nonmajor only) section are removed, Note: Maintenance of plant included in companies, it’’ are removed from and in paragraph A, the designation other general plant equipment accounts shall paragraph A and the word ‘‘It’’ is added be included herein unless charged to clearing ‘‘A.’’ and the words ‘‘For Major in their place, the words ‘‘(stores accounts or to a particular functional companies, this’’ are removed and the expenses in the case of Nonmajor maintenance expense indicated by the use of word ‘‘This’’ is added in their place. companies)’’ are removed from the equipment. 76. In Part 201, Operation and paragraph (1) of Note B, in paragraph (2) PART 250ÐFORMS Maintenance Expense Accounts, of Note B, the words ‘‘For Major Accounts 853.1B and 854B, the word companies, transportation’’ are removed 89. The authority citation for part 250 ‘‘Mcf’’ is removed and the word ‘‘Dth’’ and the word ‘‘Transportation’’ is added continues to read as follows: is added in its place. in their place, and the words ‘‘For Authority: 15 U.S.C. 717—717w, 3301— 77. In Part 201, Operation and Nonmajor companies, transportation 3432; 42 U.S.C. 7101–7352. Maintenance Expense Accounts, and garage equipment, to account 933, Account 858, paragraph B, the word Transportation expenses.’’ are removed, 90. Section 250.2 is revised to read as ‘‘Mcf’’ is removed and the word ‘‘Dth’’ and the words ‘‘(Major only)’’ are follows: is added in its place each time it removed from the title of Note C. § 250.2 Form of proposed cancellation of appears. 85. In Part 201, Operation and tariff or part thereof (see § 154.602 of this 78. In Part 201, Operation and Maintenance Expense Accounts, chapter). Maintenance Expense Accounts, Account 925, paragraph A, the words When cancelling an entire tariff or an Account 870, the words ‘‘(Major only)’’ ‘‘For Major Companies, it’’ are removed entire rate schedule, the notice of are removed, and the words ‘‘For Major and the word ‘‘It’’ is added in their cancellation as set forth below must be companies, see’’ are removed, and in place. filed as a revised tariff sheet their place the word ‘‘See’’ is added. 86. In Part 201, Operation and superseding the first tariff sheet in the 79. In Part 201, Operation and Maintenance Expense Accounts, sequence of tariff sheets containing the Maintenance Expense Accounts, Account 926, paragraph D, the words tariff or part of the tariff being cancelled. Account 874, Items, the words ‘‘(Major ‘‘For Major companies, records’’ are When cancelling an individual tariff only)’’ in the heading ‘‘Labor (Major removed and the word ‘‘Records’’ is sheet, the tariff sheet should be only)’’ are removed, the heading ‘‘Labor added in their place. designated as reserved for future use. 87. In Part 201, Operation and (Nonmajor only):’’ and Items 1 through Maintenance Expense Accounts, CANCELLATION OF ENTIRE TARIFF 3 under that heading are removed, the Account 930.2, Item 4, the words ‘‘For Notice is hereby given that effective words ‘‘(Major and Nonmajor):’’ in the Major Companies, research’’ are llllllllll (date) FERC Gas Tariff heading ‘‘Materials and Expenses (Major removed and the word ‘‘Research’’ is of llllllllll (Name of Company) and Nonmajor)’’ are removed, and the added in its place, and the words ‘‘For is to be cancelled. words ‘‘(Major only)’’ are removed from Nonmajor companies, experimental and Items 2, and 8 through 12 under that CANCELLATION OF RATE SCHEDULE general research work for the industry.’’ heading. Notice is hereby given that effective are removed. llllllllll 80. In Part 201, Operation and (date) Rate Schedule 88. In Part 201, Operation and llllllllll constituting Maintenance Expense Accounts, Maintenance Expense Accounts, llllllllll Sheet(s) No.(s) Account 878, Items, the words ‘‘(Major Account 935 is redesignated Account llllllllll of the FERC Gas Tariff only)’’ are removed at the end of each 932, and redesignated Account 932 is of llllllllll (Name of Company) Item 1 through 12 and 20. amended by removing the words ‘‘For is to be cancelled. 81. In Part 201, Operation and Nonmajor companies, include also other 91. Section 250.3 is revised to read as Maintenance Expense Accounts, general equipment accounts (not follows: Account 879, Items, the words ‘‘(Major including transportation equipment).’’ only)’’ are removed at the end of Items in paragraph A, revising paragraph B § 250.3 Form of proposed cancellation or 1, 2, 4, 5, 6, 9, and 11 through 13. after the words ‘‘the following termination of contract or part thereof (see § 154.602 of this chapter). 82. In Part 201, Operation and accounts:’’, and adding the Note to read Maintenance Expense Accounts, as follows: Notice is hereby given that effective lllll Account 902, Items, Items 13 and 14 are the day of Operation and Maintenance Expense llllllllll lll removed, and a new Item 13 is added to , , the Accounts llllllllll read as follows: contract with , * * * * * (Name of customer or customers) dated Operation and Maintenance Expense llllllllll and relating to Accounts 932 Maintenance of general plant. service under rate schedules(s) * * * * * * * * * * llllllllll (Here identify the B. * * * rate schedule(s), giving sheet numbers 902 Meter reading expenses. Manufactured Gas Production, accounts 708, in the Tariff) is to be * * * * * 742 llllllllll (Specify whether Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53071 it automatically terminates by its terms maintained for three years from the date filed. The form must be filed or is to be canceled by action of the the transaction commences. electronically as indicated in the general parties) * * * * * instructions set out in that form. The lllllllllllllllllllll format for the electronic filing can be (Name of natural-gas company filing notice) PART 260ÐSTATEMENTS AND obtained at the Federal Energy By llllllllllllllllllllllllllllllllllllllllREPORTS (SCHEDULES) Regulatory Commission, Division of Information Services, Public Reference 95. The authority citation for part 260 (Title) and Files Maintenance Branch, continues to read as follows: Dated llllllllllllllllll Washington, D.C. 20426. Authority: 15 U.S.C. 717–717w, 3301– 98. Section 260.3 is revised to read as 92. Section 250.4 is revised to read as 3432; 42 U.S.C. 7101–7352. follows: follows: 96. In § 260.1, paragraph (a) is amended by adding a heading, and by § 260.3 FERC Form No. 11, Natural gas § 250.4 Form of certificate of adoption (see pipeline company quarterly statement of § 154.603 of this chapter). removing the words ‘‘for the reporting monthly data. The lllllllllllllllll year 1980 and thereafter’’, and paragraph (b) is revised to read as (a) This form, which is applicable to (Exact name of company or person) natural gas companies designated lllllllllllllllllllll follows: herein, is designed to obtain on a (Address) § 260.1 FERC Form No. 2, Annual report quarterly basis monthly information llllllllllllllll effective for Major natural gas companies. concerning selected revenues and (Effective date of adoption) (a) Prescription. *** associated quantities. hereby adopts, ratifies, and makes its own, in (b) Filing requirements. Each natural (b)(1) Who must file. Each natural gas every respect, the Tariff and contracts listed gas company, as defined in the Natural company, as defined in the Natural Gas below, which have heretofore been filed with Gas Act (15 U.S.C. 717, et seq.) which the Federal Energy Regulatory Commission Act, whose gas transported or stored for by is a major company (a natural gas a fee exceeded 50 million Dth in each lllllllllllllllllllll company whose combined gas of the three previous calendar years, (Exact name of predecessor) transported or stored for a fee exceeded must prepare and file with the lllllllllllllllllllll 50 million Dth in each of the three Commission FERC Form No. 11. The (Here identify the Tariff and contracts previous calendar years) must prepare form must be filed electronically. The adopted.) and file with the Commission, on or format for the electronic filing can be lllllllllllllllllllll before April 30 following the close of obtained at the Federal Energy (Name of successor) each calendar year, FERC Form No. 2. Regulatory Commission, Division of By lllllllllllllllllll Newly established entities must use Information Services, Public Reference projected data to determine whether (Title) and Files Maintenance Branch, FERC Form No. 2 must be filed. The Washington, D.C. 20426. Dated llllllllllllllllll form must be filed electronically as (2) When to file. The reports must be §§ 250.5, 250.7, 250.8, 250.9, 250.10, 250.12, indicated in the general instructions set filed quarterly on February 14 for data and 250.14 [Removed and reserved] out in that form. The format for the for the three months ending December electronic filing can be obtained at the 93. Sections 250.5, 250.7, 250.8, 31, on May 15 for data for the three Federal Energy Regulatory Commission, 250.9, 250.10, 250.12, and 250.14 are months ending March 31, on August 14 Division of Information Services, Public removed and reserved. for data for the three months ending Reference and Files Maintenance June 30, and on November 14 for data 94. In § 250.16, the words ‘‘941 North Branch, Washington, D.C. 20426. One for the three months ending September Capitol Street, NE.,’’ are removed from copy of the report must be retained by 30. Each report must be signed by the paragraphs(c)(3) and (d)(2), and the respondent in its files. The person authorized to sign such report, paragraph (d)(1) is revised to read as conformed copies may be by any legible but is not required to be filed under follows: means of reproduction. oath. 97. In § 260.2, paragraph (a) is § 250.16 Format of compliance plan for § 260.4 [Removed and reserved] transportation services and affiliate amended by removing the words ‘‘for transactions. the year 1980 and each year thereafter’’, 99. Section 260.4 is removed and * * * * * and paragraph (b) is revised to read as reserved. follows: 100. In § 260.9, the introductory text (d) Transportation Discount of paragraph (b), and paragraphs (c) and Information. (1) A pipeline that § 260.2 FERC Form No. 2±A, Annual report (e) are revised to read as follows: provides transportation service at a for Nonmajor natural gas companies. discounted rate must maintain, for each * * * * * § 260.9 Report by natural gas pipeline billing period, the following (b) Filing requirements. Each natural companies on service interruptions information: the name of the shipper gas company, as defined by the Natural occurring on the pipeline system. being provided the discount; the Gas Act, not meeting the filing threshold * * * * * affiliate’s role in the transportation for FERC Form No. 2, but having total (b) Natural gas pipeline companies transaction (i.e., shipper, marketer, gas sales or volume transactions must report such interruptions to supplier, seller); the duration of the exceeding 200,000 Dth in each of the service by any electronic means, discount; the maximum rate or fee; the three previous calendar years, must including facsimile transmission or rate or fee actually charged during the prepare and file with the Commission, telegraph, to the Director, Division of billing period; and the quantity of gas on or before March 31 following the Environmental and Engineering Review, scheduled at the discounted rate during close of each calendar year, FERC Form Office of Pipeline Regulation, Federal the billing period for each delivery No. 2–A. Newly established entities Energy Regulatory Commission, point. The discount information with must use projected data to determine Washington, DC 20426 (FAX: (202) 208– respect to each transaction must be whether FERC Form No. 2–A must be 2853), at the earliest feasible time 53072 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations following such interruption to service, standard conditions specified in § 284.8 [Amended] and must state briefly: paragraph (c) of this section is the 108. In § 284.8, paragraph (b)(4)(iii), * * * * * number of Btu’s produced by the the word ‘‘of’’ is added after the word (c) If so directed by the Commission complete combustion of such cubic foot ‘‘purging’’ and before the word or the Director, Division of of gas, at constant pressure with air of ‘‘information’’ and in paragraph (b)(5)(i), Environmental and Engineering Review, the same temperature and pressure as the words ‘‘941 North Capitol Street the company must provide any the gas, when the products of NE.,’’ are removed. combustion are cooled to the initial supplemental information so as to § 284.10 [Removed and reserved] provide a full report of the temperature of the gas and air and when 109. Section 284.10 is removed and circumstances surrounding the the water formed by such combustion is reserved. occurrence. condensed to a liquid state. * * * * * (c) Standard conditions. The standard § 284.11 [Amended] (e) Copies of the telegraphic or conditions for purposes of paragraph (b) 110. In § 284.11, paragraph (d)(1) is facsimile report on interruption of of this section are as follows: The gas is removed and the heading and paragraph service must be sent to the State saturated with water vapor at 60 degrees designation for paragraph (d)(2) are commission in those States where Fahrenheit under a pressure equivalent removed. service has been or might be affected. to that of 30.00 inches of mercury at 32 degrees Fahrenheit, under standard §§ 284.13 and 284.14 [Removed and §§ 260.11, 260.13, and 260.15 [Removed gravitational force (980.665 centimeters reserved] and reserved] per second squared). 111. Sections 284.13 and 284.14 are 101. Sections 260.11, 260.13, and 106. In § 284.6, paragraph (b) is removed and reserved. 260.15 are removed and reserved. revised to read as follows: Subpart BÐCertain Transportation by PART 284ÐCERTAIN SALES AND § 284.6 Rate interpretations. Interstate Pipelines TRANSPORTATION OF NATURAL GAS * * * * * 112. Section 284.102(e) is revised to UNDER THE NATURAL GAS POLICY (b) Address. Requests for read as follows: ACT OF 1978 AND RELATED interpretations should be addressed to: AUTHORITIES FERC Part 284 Interpretations, Office of § 284.102 Transportation by interstate pipelines. 102. The authority citation for part General Counsel, Federal Energy * * * * * 284 continues to read as follows: Regulatory Commission, Washington, DC 20426. (e) An interstate pipeline must obtain Authority: 15 U.S.C. 717–717w, 3301– from its shippers certifications 107. In § 284.7, paragraph (b) is 3432; 42 U.S.C. 7201–7352; 43 U.S.C. 1331– including sufficient information to removed, paragraphs (c) and (d) are 1356. verify that their services qualify under redesignated (b) and (c), respectively, this section. Prior to commencing Subpart AÐGeneral Provisions and redesignated paragraph (c)(5)(iv) is transportation service described in Conditions removed, and a new paragraph (c)(6) is paragraph (d)(3) of this section, an added to read as follows: 103. In § 284.2, paragraph (b) is interstate pipeline must receive the revised to read as follows: § 284.7 Rates. certification required from a local distribution company or an intrastate § 284.2 Refunds and interest. * * * * * (c) Rate design. * ** pipeline pursuant to paragraph (d)(3) of * * * * * this section. (b) Interest. All refunds made (6) Discount reports. (i) A pipeline pursuant to this section must include that provides either firm or interruptible § 284.105 [Removed and reserved] interest at an amount determined in transportation service at a discounted 113. Section 284.105 is removed and accordance with § 154.501(d) of this rate must file within 15 days of the close reserved. chapter. of the billing period a report containing 114. In § 284.106, paragraph (a) is the following information: revised, paragraphs (b) through (f) are § 284.3 [Amended] (A) the full legal name of the shipper removed, paragraph (g) is redesignated 104. In § 284.3(a), the words ‘‘, sale or being provided the discount; as paragraph (b), the introductory text of assignment’’ are removed and the words (B) any corporate affiliation between redesignated paragraph (b) is revised, ‘‘or sale’’ are added in their place. the transporting pipeline and the and a new paragraph (c) is added to read 105. Section 284.4 is revised to read shipper; as follows: as follows: (C) the maximum rate or fee; and § 284.106 Reporting requirements. § 284.4 Reporting. (D) the rate or fee actually charged (a) Notice of bypass. An interstate (a) Reports in MMBtu. All reports filed during the billing period. pipeline that provides transportation pursuant to this part must indicate (ii) The requirements of this section (except storage) under § 284.102 to a quantities of natural gas in MMBtu’s. An do not apply to discounts relating to the customer that is located in the service MMBtu means a million British thermal release of capacity under § 284.243, area of a local distribution company and units. A British thermal unit or Btu unless the release is permanent. will not be delivering the customer’s gas means the quantity of heat required to (iii) The discount report information to that local distribution company, must raise the temperature of one pound must be provided in electronic format file with the Commission, within thirty avoirdupois of pure water from 58.5 according to specifications that can be days after commencing such degrees to 59.5 degrees Fahrenheit, obtained at the Federal Energy transportation, a statement that the determined in accordance with Regulatory Commission, Division of interstate pipeline has notified the local paragraphs (b) and (c) of this section. Information Services, Public Reference distribution company and the local (b) Measurement. The Btu content of and Files Maintenance Branch, distribution company’s appropriate one cubic foot of natural gas under the Washington, DC 20426. regulatory agency in writing of the Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53073 proposed transportation prior to Federal Energy Regulatory Commission, storage) provided during the preceding commencement. Division of Information Services, Public calendar year under § 284.122, the (b) Semi-annual storage report. Reference and Files Maintenance following information: Within 30 days of the end of each Branch, Washington, DC 20426. (1) The name of the shipper receiving complete storage injection and the transportation service; withdrawal season, the interstate Subpart CÐCertain Transportation by (2) The type of service performed (i.e., pipeline must file with the Commission Intrastate Pipelines firm or interruptible); (3) Total volumes transported for the a report of storage activity provided § 284.122 [Amended] under the authority of either § 284.102 shipper. If it is firm service, the report 115. In § 284.122, paragraph (e) is or § 284.223, as applicable. The report should separately state reservation and removed. must be signed under oath by a senior usage quantities; and 116. In § 284.123, paragraph (e) is (4) Total revenues received for the official, consist of an original and five revised to read as follows: conformed copies, and contain a shipper. If it is firm service, the report summary of storage injection and § 284.123 Rates and charges. should separately state reservation and withdrawal activities to include the * * * * * usage revenues. following: (e) Filing requirements. Within 30 * * * * * * * * * * days of commencement of new service, (c) Index of customers. (1) Each any intrastate pipeline that engages in Subpart DÐCertain Sales by Intrastate calendar quarter, subsequent to the transportation arrangements under this Pipelines initial implementation of this provision, subpart must file with the Commission 119. Section 284.142 is revised to read an interstate pipeline must provide for a statement that describes how the as follows: electronic dissemination of an index of pipeline will engage in these all its firm transportation and storage transportation arrangements, including § 284.142 Sales by intrastate pipelines. customers under contract as of the first operating conditions, such as, quality Any intrastate pipeline may, without day of the calendar quarter. Electronic standards and financial viability of the prior Commission approval, sell natural dissemination will be by placing a file, shipper. The statement must also gas to any interstate pipeline or any adhering to the requirements set forth include the rate election made by the local distribution company served by an by the Commission, on the pipeline’s intrastate pipeline pursuant to interstate pipeline. The rates charged by electronic bulletin board in a format paragraph (b) of this section. If the an intrastate pipeline pursuant to this which can be downloaded from the pipeline changes its operations or rate subpart may not exceed the price for gas electronic bulletin board. The pipeline election under this subpart, it must as negotiated in the contract, plus a fair must also submit the electronic file to amend the statement and file such and equitable transportation rate as the Commission. amendments not later than 30 days after determined in accordance with (2) Until an interstate pipeline is in commencement of the change in § 284.123. compliance with the reporting operations or the change in rate requirements of this paragraph, the election. §§ 284.143 through 284.148 [Removed and pipeline must comply with the index of reserved] customer requirements applicable to § 284.125 [Removed and reserved] 120. Sections 284.143 through transportation and sales under Part 157, 117. Section 284.125 is removed and 284.148 are removed and reserved. set forth under § 154.111 (b) and (c) of reserved. Subpart EÐAssignment of Contractual this chapter. 118. In § 284.126, paragraph (a) is (3) For each customer receiving firm revised, paragraphs (b), (e), and (f) are Rights to Receive Surplus Natural Gas removed, paragraphs (c) and (g) are transportation or storage service, the Subpart EÐ[Removed and reserved] index must include the information redesignated (b), and (c), respectively, and redesignated paragraph (b) is 121. Subpart E is removed and listed below: reserved. (i) the full legal name of the customer; revised to read as follows: (ii) the rate schedule number of the § 284.126 Reporting requirements. Subpart GÐBlanket Certificates service being provided; Authorizing Certain Transportation by (iii) the contract effective date; (a) Notice of bypass. An intrastate pipeline that provides transportation Interstate Pipelines on Behalf of (iv) the contract expiration date; Others and Services by Local (v) for transportation service, (except storage) under § 284.122 to a Distribution Companies maximum daily contract quantity customer that is located in the service (specify unit of measurement); area of a local distribution company and 122. In § 284.221, the introductory (vi) for storage service, maximum will not be delivering the customer’s gas text of paragraph (b)(1) is revised, in storage quantity (specify unit of to that local distribution company, must paragraph (d)(1), the words ‘‘§ 284.14(e), measurement). file with the Commission within thirty and’’ are removed, and in paragraph (4) The information included in the days after commencing such (f)(2), the words ‘‘§ 284.222 or’’ are quarterly index must be available on the transportation, a statement that the removed, to read as follows: electronic bulletin board until the next interstate pipeline has notified the local quarterly index is established. The distribution and the local distribution § 284.221 General rule; transportation by electronic files must be archived for at company’s appropriate state regulatory interstate pipelines on behalf of others. least three years. agency in writing of the proposed * * * * * (5) The requirements of this section transportation prior to commencement. (b) Application procedure. (1) An do not apply to contracts which relate (b) Annual report. Not later than application for a blanket certificate solely to the release of capacity under March 31 of each year, each intrastate under this section must be filed § 284.243, unless the release is pipeline must file an annual report with electronically. The format for the permanent. the Commission and the appropriate electronic application filing can be (6) The requirements for the state regulatory agency that contains, for obtained at the Federal Energy electronic index can be obtained at the each transportation service (except Regulatory Commission, Division of 53074 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations
Information Services, Public Reference conditions, and reporting requirements Commission) of the tariff sheets and Files Maintenance Branch, that apply to a transaction authorized implementing service under that Washington, D.C. 20426, and must for an intrastate pipeline under subparts certificate. include: C and D of this part. * * * * * * * * * * Subpart LÐCertain Sales for Resale by (g) Hinshaw pipeline without blanket Non-interstate Pipelines § 284.222 [Removed and reserved] certificate. A Hinshaw pipeline that 132. In § 284.402, paragraph (c)(1) is 123. Section 284.222 is removed and does not obtain a blanket certificate revised, and in the first sentence of reserved. under this section is not authorized to paragraph (c)(2), the word ‘‘criteria’’ is 124. In § 284.223, the section heading sell or transport natural gas as an removed, and the word ‘‘criterion’’ is is revised, paragraphs (b) through (f) are intrastate pipeline under subparts C and added in its place, to read as follows: removed, and a new paragraph (b) is D of this part. added to read as follows: * * * * * § 284.402 Blanket marketing certificates. § 284.223 Transportation by interstate * * * * * pipelines on behalf of shippers. §§ 284.225 and 284.226 [Removed and (c)(1) The authorization granted in reserved] * * * * * paragraph (a) of this section will become (b) Reporting requirements. Any 125. Sections 284.225 and 284.226 are effective for an affiliated marketer with interstate pipeline transporting gas removed and reserved. respect to transactions involving affiliated pipelines when an affiliated under this section must comply with § 284.227 [Amended] each of the reporting requirements pipeline receives its blanket certificate 126. In § 284.227, paragraph (d) is pursuant to § 284.284. specified in § 284.106. removed, and paragraphs (e), (f), and (g) 113. In § 284.224, the heading, * * * * * are redesignated (d), (e), and (f). paragraphs (b)(3), (c) introductory text, PART 381ÐFEES (d)(1), (e)(1), and (g) are revised, Subpart IÐEmergency Natural Gas paragraph (e)(5)(i) is redesignated as Sale, Transportation, and Exchange 133. The authority citation for part paragraph (e)(5), and paragraph (e)(5)(ii) Transactions 381 continues to read as follows: is removed to read as follows: § 284.266 [Amended] Authority: 15 U.S.C. 717–717w; 16 U.S.C. § 284.224 Certain transportation and sales 127. In § 284.266, paragraphs (b) and 791–828c, 2601–2645; 31 U.S.C. 9701; 42 by local distribution companies. U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. (c) are removed, and paragraph (d) is U.S.C. 1–85. * * * * * redesignated (b). (b) Blanket certificate— * * * § 381.404 [Removed and reserved] (3) The Commission will grant a § 284.269 [Amended] blanket certificate to such local 134. Section 381.404 is removed and 128. In § 284.269, the number reserved. distribution company or Hinshaw ‘‘§ 284.144’’ is removed, and the number pipeline under this section, if required ‘‘§ 284.142’’ is added in its place. PART 385ÐRULES OF PRACTICE AND by the present or future public PROCEDURE convenience and necessity. Such Subpart JÐBlanket Certificates certificate will authorize the local Authorizing Certain Natural Gas Sales 135. The authority citation for part distribution company to engage in the by Interstate Pipelines 385 continues to read as follows: sale or transportation of natural gas that § 284.284 [Amended] Authority: 5 U.S.C. 551–557; 15 U.S.C. is subject to the Commission’s 717–717z, 3301–3432; 16 U.S.C. 791a–825r, jurisdiction under the Natural Gas Act, 129. In § 284.284(b), the words ‘‘, 2601–2645; 31 U.S.C. 9701; 42 U.S.C. 7101– to the same extent that and in the same except as adjusted in §§ 284.14 (d) and 7352; 49 U.S.C. 60502; 49 U.S.C. 1–85. manner that intrastate pipelines are (e)’’ are removed. 136. In § 385.2011, paragraphs (b), authorized to engage in such activities 130. In § 284.286, paragraph (e) is (c)(4), and (d) are revised to read as by subparts C and D of this part, except revised to read as follows: follows: as otherwise provided in paragraph § 284.286 Standards of conduct for (e)(2) of this section. unbundled sales service. § 385.2011 Procedures for filing on (c) Application procedure. electronic media (Rule 2011). Applications for blanket certificates * * * * * (e) A pipeline that provides * * * * * must be accompanied by the fee (b) These procedures also apply to: prescribed in § 381.207 of this chapter unbundled sales service under § 284.284 must have tariff provisions on file with (1) Material submitted electronically or a petition for waiver pursuant to pursuant to § 154.4 of this chapter. § 381.106 of this chapter, and shall state: the Commission indicating how the pipeline is complying with the (2) Certificate and abandonment * * * * * standards of this section. applications filed under Subparts A, E, (d) Effect of certificate. (1) Any 131. Section 284.287 is revised to read and F of Part 157 of this chapter. certificate granted under this section as follows: (3) Blanket certificate applications will authorize the certificate holder to filed under Subpart G of Part 284 of this engage in transactions of the type § 284.287 Implementation and effective chapter. authorized by subparts C and D of this date. (4) Discount rate reports filed part. (a) Prior to offering any sales service pursuant to § 284.7 of this chapter. * * * * * under this subpart J, a pipeline must file (c) What to file. *** (e) General conditions. (1) Except as revised tariff sheets incorporating the (4) The formats for the electronic provided in paragraph (e)(2) of this provisions of this subpart J. filing and the paper copy can be section, any transaction authorized (b) A blanket certificate issued under obtained at the Federal Energy under a blanket certificate is subject to § 284.284 will be effective on the Regulatory Commission, Public the same rates and charges, terms and effective date (as approved by the Reference and Files Maintenance Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Rules and Regulations 53075
Branch, Division of Information submitted to: Office of the Secretary, copies and accompanying cover letter Services, Washington, DC 20426. Federal Energy Regulatory Commission, must be submitted to: Office of the * * * * * Washington, DC 20426. Secretary, Federal Energy Regulatory (2) EDI data submissions must be Commission, Washington, DC 20426. (d)(1) Where to file. The electronic made as indicated in the electronic media, the paper copies, and filing instructions and formats for the Note: This Appendix will not be published accompanying cover letter must be particular form or filing, and the paper in the Code of Federal Regulations.
APPENDIX AÐPARTIES FILING COMMENTS ON THE NOTICE OF PROPOSED RULEMAKING DOCKET NO. RM95±4±000
Commenter Abbreviation
American Forest & Paper Association ...... American Forest. American Gas Association ...... AGA. American Public Gas Association ...... APGA. ANR Pipeline Company and Colorado Interstate Gas Company ...... ANR. Associated Gas Distributors ...... AGD. Association of Texas Intrastate Natural Gas Pipelines ...... Texas Intrastates. CNG Transmission Corporation ...... CNG. Columbia Gas Distribution Companies ...... Columbia Distribution. Columbia Gas Transmission Corporation and Columbia Gulf Transmission Company ...... Columbia. Consumers Power Company and Michigan Gas Storage Company ...... Consumers Power. Electronic Bulletin Board Working Group ...... EBB Working Group. El Paso Natural Gas Company ...... El Paso. Enogex, Inc...... Enogex. Freeport Interstate Pipeline Company ...... Freeport. Gaslantic Corporation ...... Gaslantic. Great Lakes Gas Transmission Limited Partnership ...... Great Lakes. Independent Petroleum Association of America ...... IPAA. Interstate Natural Gas Association of America ...... INGAA. KN Energy, Inc...... KN. Kern River Gas Transmission Company ...... Kern River. Midwest Gas Services, Inc...... Midwest. Mississippi River Transmission Corporation and NorAm Gas Transmission Company ...... MRT. Missouri Public Service Commission ...... Missouri. National Fuel Gas Supply Corporation ...... National Fuel. National Registry of Capacity Rights ...... Registry. Natural Gas Supply Association ...... NGSA. Northern Illinois Gas Company ...... NI-Gas. Panhandle Eastern Pipeline Company, Trunkline Gas Company, Texas Eastern Transmission Corporation, and Panhandle. Algonquin Gas Transmission Company. Pacific Gas and Electric Company ...... PG&E. Process Gas Consumers Group, American Iron and Steel Institute, and Georgia Industrial Group ...... Industrials. Producer-Marketer Transportation Group ...... PMTG. Southern California Gas Company ...... SoCal. Tennessee Gas Pipeline Company, Midwestern Gas Transmission Company, and East Tennessee Natural Gas Com- Tennessee. pany. Texas Gas Transmission Corporation ...... Texas Gas. Transcontinental Gas Pipe Line Corporation ...... Transco. Transok, Inc...... Transok. United States Department of Energy ...... DOE. Williston Basin Interstate Pipeline Company ...... Williston. Williams Natural Gas Company ...... Williams.
[FR Doc. 95–24722 Filed 10–10–95; 8:45 am] BILLING CODE 6717±01±P federal register October 11,1995 Wednesday Standards; Notice International Harmonization;Policyon Food andDrugAdministration Services Health andHuman Department of Part III 53077 53078 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
DEPARTMENT OF HEALTH AND accepts standards and makes them foreign government counterparts on product HUMAN SERVICES mandatory regulatory requirements. standards, criteria for the assessment of test Although the draft policy focuses on data, and enforcement procedures. The task Food and Drug Administration international harmonization and force’s recommendations for the agency international standards, its principles are included an overall FDA policy on [Docket No. 94D±0300] applicable as well to domestic standards international harmonization, which is to activities in which FDA participates. encourage the initiation and support of International Harmonization; Policy on efforts, consistent with the agency’s goals and Standards A. Statutory Mandates for FDA-Regulated principles, that will further the international Products harmonization of standards and policies for AGENCY: Food and Drug Administration, FDA is the principal regulatory agency the regulation of products for which FDA has HHS. within the Public Health Service (PHS). The authority. Soon thereafter, FDA’s strategic plan began to recognize standards as the ACTION: Notice. agency protects the public health by, among other things, implementing statutory premier focus of the agency’s international activities. SUMMARY: The Food and Drug provisions designed to ensure that food is Administration (FDA) is announcing the safe and otherwise not adulterated or 1. Goals misbranded; that human and veterinary FDA’s goals in participating in agency’s policy on the development and drugs, human biological products, and use of standards with respect to international harmonization are: medical devices are safe and effective; that • international harmonization of To safeguard U.S. public health, cosmetics are safe; and that electronic • To assure that consumer protection regulatory requirements and guidelines. product radiation is properly controlled. standards and requirements are met, Specifically, the policy is intended to FDA-regulated products must be truthfully • To facilitate the availability of safe and address the conditions under which and accurately labeled and in compliance effective products, FDA plans to participate with standards with all applicable laws and regulations. The • To develop and utilize product standards bodies outside of FDA, domestic or statutory mandates for safeguarding the and other requirements more effectively, and international, in the development of public health in these product sectors are • To minimize or eliminate inconsistent prescribed in several statutes, notably in the standards internationally. standards applicable to products Federal Food, Drug, and Cosmetic Act; the 2. General Principles regulated by FDA. The policy also Public Health Service Act; and the Fair covers the conditions under which FDA Packaging and Labeling Act. FDA participation in international intends to use the resultant standards, harmonization efforts should be guided by or other available domestic or B. International Harmonization of Regulatory the following general principles: Requirements and Guidelines • international standards, in fulfilling its The harmonization activity should be statutory mandates for safeguarding the In recent decades, great changes in the consistent with U.S. Government policies and procedures and should promote U.S. public health. world economy, together with expanded working relationships of regulatory agencies interests with foreign countries. FOR FURTHER INFORMATION CONTACT: around the globe, have resulted in increased • The harmonization activity should Linda R. Horton, International Policy interest in international harmonization of further FDA’s mission to protect the public Staff (HF–23), Food and Drug regulatory requirements. Increased health by, among other things, ensuring that Administration, 5600 Fishers Lane, international commerce, opportunities to food is safe and otherwise not adulterated or misbranded; that human and veterinary Rockville, MD 20857, 301–827–3344. enhance public health through cooperative endeavors, and scarcity of government drugs, human biological products, and SUPPLEMENTARY INFORMATION: In a notice resources for regulation have resulted in medical devices are safe and effective as published in the Federal Register of efforts by the regulatory agencies of different required by law and are not adulterated or November 28, 1994 (59 FR 60870), FDA nations to work together on standards and misbranded; that cosmetics are not published a draft policy on international harmonize their regulatory requirements. adulterated or misbranded; that electronic product radiation is properly controlled; and harmonization of regulatory Such harmonization enhances public health that all of these products are labeled protection and improves government requirements and guidelines. The truthfully and informatively. efficiencies by reducing both unwarranted purpose of the draft policy was to • FDA’s input into international standard contradictory regulatory requirements and articulate FDA’s policy on the setting activities should be open to public development and use of standards with redundant applications of similar scrutiny and should provide the opportunity requirements by multiple regulatory bodies. for the consideration of views of all parties respect to international harmonization Harmonization facilitates cooperation in of regulatory requirements and concerned. regulatory activities. • guidelines. The agency gave interested FDA should accept, where legally Harmonization of FDA’s regulatory permissible, the equivalent standards, persons an opportunity to comment on requirements and guidelines with those of compliance activities, and enforcement the draft policy document. A discussion other countries was recently embraced as a programs of other countries, provided that of the comments received and the pillar of the President’s and Vice President’s FDA is satisfied such standards, activities, agency’s responses is found in section National Performance Review. In Reinventing and programs meet FDA’s level of public III. of this document. Drug and Device Regulation (April 1995), health protection. Background information as well as the international harmonization was identified as • Scientific and regulatory information a high priority initiative across FDA text of the policy follow: and knowledge should be exchanged with programs. Recognizing the considerable foreign government officials, to the extent International Harmonization of Regulatory synergy between its domestic policy and its possible within legal constraints, to expedite Requirements and Guidelines international policy priorities, FDA is the approval of products and protect public sharpening and focusing its planning for health. I. Background enhanced alignment of FDA and Thus, the agency’s primary goal in all of its The purpose of this document is to international standards. international harmonization activities is to articulate FDA’s policy on development and In 1992, an FDA Task Force on preserve and enhance its ability to use of standards with respect to international International Harmonization had provided a accomplish its public health mission. Global harmonization of regulatory requirements broad assessment of the goals, scope, and harmonization is also approached with the and guidelines. As used throughout this direction of FDA’s international activities. aim of enhancing regulatory effectiveness, by document, the term ‘‘standards’’ includes These activities were found to comprise a providing more consumer protection with what are commonly referred to as ‘‘consensus wide variety of efforts by FDA to retain and scarce government resources, and increasing standards,’’ ‘‘voluntary standards,’’ and strengthen its public health safeguards, while worldwide consumer access to safe, effective, ‘‘industry standards.’’ Also, FDA sometimes striving toward common ground with its and high quality products. Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 53079
C. Other Obligations and Policies and every country that is a member of the standards bodies of international standards 1. International Agreements WTO will be required to adhere to all of for products for which they either have these agreements. On December 8, 1994, Pub. adopted or expect to adopt technical The U.S. Government is a party to L. 103–465 was enacted in the United States regulations. international trade agreements. In the United to approve and implement the Uruguay Another agreement of the Uruguay Round States, such trade agreements become Round agreements. This law included administered by the WTO is the Agreement effective only after implementing legislation updating changes in the Trade Agreements on the Application of Sanitary and is signed into law. FDA has participated in Act that reaffirmed the duty of Federal Phytosanitary Measures (SPS agreement). recent international trade negotiations to agencies to participate in international This agreement pertains to those measures ensure that FDA’s requirements are preserved standards activities, subject to available intended: (1) To protect animal or plant life and that regulatory practices can remain resources. or health within a territory from risks arising focused on fulfilling the agency’s mission to One of the agreements of the Uruguay from the entry, establishment, or spread of protect the public health while being Round administered by the WTO is the new pests, diseases, disease-carrying organisms, supportive of emerging, broader U.S. agreement on TBT, which is similar in many or disease-causing organisms; (2) to protect Government obligations and policies. In respects to the 1980 TBT agreement. As with human or animal life or health within a addition, FDA continues to be involved in the 1980 TBT agreement, the purpose of the territory from risks arising from additives, work of the World Trade Organization (WTO) new TBT agreement is to ensure that product contaminants, toxins, or disease-causing as well as the North American Free Trade standards, technical regulations, and related organisms in foods, beverages, or feedstuffs; Agreement (NAFTA) committees on sanitary procedures do not create unnecessary (3) to protect human life or health within a and phytosanitary measures, and on obstacles to trade. The new TBT agreement territory from risks arising from diseases technical barriers to trade, in order to foster ensures, and clearly states, that each country carried by animals, plants, or products international harmonization of regulatory has the right to establish and maintain thereof, or from entry, establishment, or requirements and to facilitate consultation on technical regulations for the protection of spread of pests; or (4) to prevent or limit trade issues. Recently FDA has begun to be human, animal, and plant life and health and other damage within a territory from the involved in other regional activities, e.g., the the environment, and for prevention against entry, establishment, or spread of pests. Forum on Asia Pacific Economic Cooperation deceptive practices. In order to harmonize SPS measures on as (APEC), work on initial steps toward a Free In the new TBT agreement, the term wide a basis as possible, the SPS agreement Trade Area of the Americas (FTAA), and ‘‘standard’’ is defined as: encourages Members to base their SPS work towards a Transatlantic Area that ‘‘[A] document approved by a recognized measures on international standards, strengthens our ties with Europe. body, that provides, for common and guidelines, or recommendations. Thus, the The principal international trade repeated use, rules, guidelines or SPS agreement, like the new TBT agreement, agreement is the General Agreement on characteristics for products or related encourages use of international standards. Tariffs and Trade (GATT), which entered into processes and production methods, with The SPS agreement refers specifically to force on January 1, 1948. GATT has since which compliance is not mandatory standards established by the Codex been amended several times following [emphasis added]. It may also include or deal Alimentarius Commission, as discussed negotiation sessions known as rounds. exclusively with terminology, symbols, below. The GATT Agreement on Technical NAFTA also contains TBT and SPS Barriers to Trade (TBT), popularly known as packaging, marking or labelling requirements as they apply to a product, process or agreements similar to those in the new WTO the Standards Code, was negotiated during agreements. the Tokyo Round of the GATT in the 1970’s production method.’’ and entered into force on January 1, 1980. As Also, ‘‘technical regulation’’ is defined as: 2. Internal U.S. Government Policy part of a general effort to reduce unnecessary ‘‘[A] document which lays down product The United States Office of Management nontariff barriers to trade, the TBT agreement characteristics or their related processes and and Budget (OMB), in its revision to OMB was intended to promote use by countries of production methods, including applicable Circular No. A–119 (58 FR 57643, October standards, technical regulations, and administrative provisions, with which 26, 1993), provides policy on Federal use of conformity assessment procedures that are compliance is mandatory [emphasis added]. standards and agency participation in based on work done by international It may also include or deal exclusively with voluntary standards bodies and standards- standards bodies. The implementing terminology, symbols, packaging, marking, or developing groups: legislation for the TBT agreement, provided labelling requirements as they apply to a ‘‘It is the policy of the Federal Government in the Trade Agreements Act of 1979 as product, process or production method.’’ in its procurement and regulatory activities amended in 1994 (Pub. L. 103–465; 19 U.S.C Thus, in the language of the new TBT to: 2531–2582), has thus provided additional agreement, when a government acts to accept a. Rely on voluntary standards, both authority for FDA’s international standards a voluntary standard to make it mandatory, domestic and international, whenever activity. To assure that harmonization does the resulting document is a technical feasible and consistent with the law and not result in lowering safety or quality regulation. A measure used to ascertain regulation pursuant to law; standards for U.S. consumers, this law compliance with a standard or technical b. Participate in voluntary standards bodies contains the safeguard that: regulation is a conformity assessment when such participation is in the public ‘‘* * * No standard-related activity of any procedure. interest and is compatible with agencies’ private person, Federal agency, or State The new TBT agreement continues and missions, authorities, priorities, and budget agency shall be deemed to constitute an strengthens the reference to international resources; and unnecessary obstacle to the foreign standards found in the 1980 TBT agreement. c. Coordinate agency participation in commerce of the United States if the Specifically, the agreement states that, where voluntary standards bodies so that: (1) The demonstrable purpose of the standards- technical regulations are required and most effective use is made of agency related activity is to achieve a legitimate relevant international standards exist or their resources and representatives; and (2) the domestic objective including, but not limited completion is imminent, WTO-member views expressed by such representatives are to, the protection of legitimate health or countries shall use them, or the relevant parts in the public interest and, as a minimum, do safety, essential security, environmental, or of them, as a basis for their technical not conflict with the interests and established consumer interests and if such activity does regulations, except when such international views of the agencies.’’ not operate to exclude imported products standards or relevant parts would be an OMB Circular No. A–119 also establishes which fully meet the objectives of such ineffective or inappropriate means for the additional policy guidance and activity.’’ fulfillment of the legitimate objectives responsibilities for U.S. Government The most recent GATT round, the Uruguay pursued. Further, the agreement states that, agencies. It is applicable to all executive Round, was concluded on December 15, with a view towards harmonizing technical agency participation in voluntary standards 1993, and was formally signed at the regulations on as wide a basis as possible, activities, domestic and international, but not Marrakech Ministerial Meeting on April 15, WTO-member countries shall play a full part to activities carried out pursuant to treaties 1994. The new WTO will administer the new within the limits of their resources in the and international standardization GATT and other Uruguay Round agreements, preparation by appropriate international agreements. 53080 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices
The term ‘‘standard,’’ as defined in OMB Another benefit of participating in the contaminants, and residues of veterinary Circular No. A–119, means: development of standards at both domestic drugs in food. FDA officials chair two Codex ‘‘* * * a prescribed set of rules, conditions, and international levels is that in sharing committees, the Food Hygiene Committee or requirements concerned with the technical information with technical groups and the Residues of Veterinary Drugs in definition of terms; classification of and professionals outside FDA, staff Foods Committee, and participate in many components; delineation of procedures; members have opportunities to learn of other others. Through its involvement, FDA has specification of dimensions, materials, viewpoints on an issue, to establish scientific been influential in the establishment of many performance, design, or operations; leadership, and to remain informed of state- Codex standards. FDA’s procedures for measurement of quality and quantity in of-the-art science and technology. reviewing Codex standards for purposes of regulation are codified in 21 CFR 130.6 and describing materials, products, systems, B. Past and Present Activities services, or practices; or descriptions of fit 564.6. and measurement of size.’’ FDA has been involved in standards A provision of the United States The circular defines ‘‘voluntary standards’’ activities for many years, and on January 25, implementing legislation for the Uruguay as: 1977, the agency promulgated a final Round Agreements, Pub. L. 103–465, requires ‘‘* * * established generally by private regulation, now found at 21 CFR 10.95 the President to designate an agency to sector bodies, both domestic and (§ 10.95), covering the participation by FDA inform the public, through a notice published employees in standards-setting activities international, and are available for use by any in the Federal Register each year by June 1, outside the agency. This regulation person or organization, private or of certain Codex Alimentarius standard- encourages FDA participation in standard- governmental. The term voluntary standard setting activities. The President, pursuant to setting activities that are in the public includes what are commonly referred to as Proclamation No. 6780 of March 23, 1995 (60 interest and specifies the circumstances ‘‘industry standards’’ as well as ‘‘consensus FR 15845, March 27, 1995), designated the under which FDA employees can participate Department of Agriculture to have this standards,’’ but does not include professional in various types of standards bodies. responsibility, and the first such notice of standards of personal conduct, institutional Standards activities of multilateral Codex activities was published in the codes of ethics, private standards of organizations such as the World Health Federal Register of May 23, 1995 (60 FR individual firms, or standards mandated by Organization (WHO) and the Organization for 27250). law, such as those contained in the United Economic Cooperation and Development In 1988, the governments of the United States Pharmacopeia and the National (OECD, an international organization with 25 States and Canada entered into the Canada- Formulary, as referenced in 21 U.S.C. 351.’’ member countries with advanced industrial United States Free Trade Agreement (now These definitions in OMB Circular No. A– economies) are often important to FDA and largely superseded by NAFTA). Since then, 119 conform to common usage and are frequently involve multiple product types. officials from CFSAN and CVM have consistent with the usage of these terms For example, OECD is developing Genetic participated in technical working groups throughout this policy document. It should Toxicology Test Guidelines that are of responsible for implementation of the be noted that, under the TBT, ‘‘standards’’ interest to all FDA Centers. Similarly, chapter of the agreement that deals with are considered to be nonmandatory (i.e., guidelines developed under the International agriculture, food, beverage, and related goods voluntary) unless promulgated into Programme on Chemical Safety of the WHO (the CUSFTA Technical Working Groups). mandatory technical regulations. relate to chemicals that may be in a wide Officials from CFSAN and CVM also II. Standards Programs and Practices Within variety of FDA-regulated products, such as participate in the development of standards FDA food additives, pesticides, drugs, animal by such domestic and international groups as drugs, biologics, and devices. The United the Food Chemicals Codex (FCC), AOAC A. Purpose of FDA Involvement in Standards States Pharmacopeia is a national standard International (previously, the Association of The central purpose of FDA involvement setting body in which FDA officials actively Official Analytical Chemists), expert in the development and use of standards is participate. committees of the WHO, FAO, ISO, and other to assist the agency in fulfilling its public The principal standards organizations that international consensus standards bodies. health, regulatory mission. The agency are not connected with a treaty are the Standards developed by these organizations intends to participate in the development of International Organization for are used by industry, both in the United standards, domestic or international, and Standardization (ISO) and the International States and abroad. These standards provide adopt or use standards when such action will Electrotechnical Commission (IEC). Private industry with guidance for food grade enhance its ability to protect consumers and organizations and government agencies, materials and processes, and thus help the effectiveness or efficiency of its including FDA, participate in ISO and IEC elevate the quality of food and food regulatory efforts. In doing so, FDA activities through the American National chemicals in domestic and international Standards Institute (ANSI). ANSI represents recognizes that standards often serve as trade. the United States in the ISO and IEC and useful adjuncts to agency regulatory controls CFSAN has adopted many FCC and coordinates much of the standards and that economies of time and human American Society for Testing and Materials development activity in the United States. As resources are often realized in solving (ASTM) standards and AOAC methods, discussed below, FDA is active in many ISO, problems when consensus-building activities incorporating them into regulations for both IEC, ANSI, and standards development are undertaken and conducted in open, food additives and generally recognized as organization activities. For example, FDA is public arenas. The working together of FDA safe food ingredients. CFSAN also refers represented on the Board of Directors of staff with other professionals outside the industry to relevant FCC, Codex, or ASTM ANSI and on several of its committees and agency in standards bodies effectively standards when discussing particular issues working groups. multiplies the technical resources available related to good manufacturing practices. to FDA. Further, standards bodies generally 1. Foods and Veterinary Medicine CFSAN accepts many AOAC and equivalent have in place procedures for periodically FDA’s Center for Food Safety and Applied methods for use by laboratories in assaying reviewing and updating completed Nutrition (CFSAN) and Center for Veterinary food and in testing for contaminants in food. standards, thus extending the resource- Medicine (CVM) actively participate in the CVM accepts many AOAC and equivalent multiplier effect, as well as keeping the development of international standards by methods for use by laboratories in testing for solutions current with the state of the Codex Alimentarius Commission drug residues in animal tissues. CVM has knowledge. The economy of effort translates (Codex). Codex is an international adopted the consumption estimates used by into monetary savings to the agency, organization formed in 1962 to facilitate the FAO/WHO Joint Expert Committee on regulated industries, and ultimately world trade in foods and to promote Food Additives in the development of consumers. Further, using standards, consumer protection. It is a subsidiary of two standards for drug residues in animal tissues. especially international ones, is a means to United Nations components, the Food and CVM is also an active participant in a new facilitate the harmonization of FDA Agriculture Organization (FAO) and the harmonization effort under the auspices of regulatory requirements with those of foreign WHO. Codex standards cover food the Office of International Epizooties (OIE). governments, to better serve domestic and commodity standards (similar to FDA This activity is known as the International global public health. standards of identity), food additives, food Cooperation on Harmonisation of Technical Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 53081
Requirements for Registration of Veterinary These guidance documents, after successive contained in an international quality Medicinal Products (VICH). ICH steps of review and acceptance, standard developed by ISO, namely ISO 9001 2. Biologics and Drugs including an opportunity for public review ‘‘Quality Systems Part 1. Specification for and comment in the respective jurisdictions, Design/Development, Production, There has been active international are forwarded to the regulatory agencies with Installation, and Servicing.’’ This standard standard setting for biological products for the expectation that they will be formally (ISO 9001) is becoming widely recognized by more than 50 years. Officials from FDA’s adopted by the agencies. medical device regulatory authorities Center for Biologics Evaluation and Research Officials from both CBER and CDER also worldwide and is finding application in (CBER) serve as experts or members of a participate in a consensus standard setting many other industry sectors as well. CDRH variety of international committees that activity sponsored by the Council for officials, working with counterpart foreign perform standard-setting functions. Activities International Organizations of Medical government officials, are pursuing in step- have encompassed collaborative studies to Sciences (CIOMS) that is aimed at wise fashion the harmonization of quality establish international units of measure and standardizing medical definitions and system inspection procedures and to develop internationally accepted standards adverse experience reporting. enforcement. for control of biologics, including WHO The process of harmonizing regulatory standards. Efforts have been directed to many 3. Medical Devices and Radiation-Emitting Products requirements is facilitated by using an kinds of biological products, including international standard as a basis. Such vaccines, human blood and plasma products, FDA’s Center for Devices and Radiological harmonization is not only recognized public blood testing reagents, and allergenic Health (CDRH) has had extensive policy, but for medical devices, it is extracts, and have extended to involvement with standards in its regulation explicitly encouraged by provisions of SMDA biotechnology-derived growth factors, of medical devices, as well as electronic (Pub. L. 101–629), which states, in part, that cytokines, and monoclonal antibody products that emit radiation. The FDA ‘‘* * * may enter into agreements with products. development of standards to solve problems foreign countries to facilitate commerce in FDA’s Center for Drug Evaluation and related to medical devices involves many devices between the United States and Research (CDER), CBER, and the National groups outside FDA. The interaction between [foreign] countries consistent with the Center for Toxicological Research (NCTR) CDRH and the manufacturing and health care requirements of this Act.’’ 21 U.S.C. 383. actively participate in the International communities that frequently occurs during In a recent (April 1995) program review, Conference on Harmonisation of Technical the standards development process provides CDRH reported that in 1994, 192 Center staff Requirements for Registration of knowledge and insight into the use of members served as primary and alternate Pharmaceuticals for Human Use (ICH). This products, problems, and the effectiveness of liaison representatives on 440 committees ongoing project, begun in 1989, has been solutions. Frequently, the public discussion and subcommittees in 38 standards undertaken by governmental agencies of the problem that occurs in the consensus- developing organizations (domestic and responsible for regulation of drugs and by building process results in the manufacturers foreign). CDRH actively reviewed 286 draft industry trade organizations from the and the users of the subject medical device standards; of these, 134 were with nine European Union (EU), Japan, and the United implementing the solution before a standard international standards organizations. The States. Specifically, ICH is sponsored jointly is formally completed. Thus, CDRH has experience CDRH has acquired over the years by the Commission of the European encouraged participation in the development has provided the foundation for the Communities (CEC), the Japanese Ministry of of standards as a useful adjunct to regulatory standards policy it announced on June 29, Health and Welfare (MHW), FDA, the controls. CDRH’s approach to use and 1993. The essential features of that policy are European Federation of Pharmaceutical participation in the development of reflected in the FDA policy presented in Industries’ Associations (EFPIA), the Japan consensus standards was described in a letter section IV. below. Pharmaceutical Manufacturers Association dated June 29, 1993, to all interested parties (JPMA), and the Pharmaceutical Research from the Director of CDRH. (This policy did 4. Regulatory Affairs and Manufacturers Association (PhRMA) of not apply to mandatory performance FDA’s Office of Regulatory Affairs (ORA) is the United States. In addition, the standards, i.e., technical regulations, for class increasingly active in international standards International Federation of Pharmaceutical II medical devices as specified under the activities relevant to quality control and Manufacturers Associations (IFPMA) Medical Device Amendments of 1976 (Pub. conforming assessment, including activities participates as an umbrella organization for L. 94–295). The Safe Medical Devices Act of relevant to ISO—9001 and laboratory the pharmaceutical industry and provides the 1990, SMDA (Pub. L. 101–629), puts the regulation. secretariat function for ICH. ICH operates promulgation of mandatory standards at the under the direction of the ICH Steering discretion of the agency.) III. Response to Comments Committee, which is comprised of Over 200 completed consensus standards In response to its request for comments on representatives of these organizations. and selected sections of additional draft the draft international harmonization policy Official observer status has been given to standards that are not yet complete have been on standards, FDA received comments from WHO, the European Free Trade Area (EFTA), incorporated into guidance documents for ten organizations (standards setting and the Health Protection Branch of Canada. applications for conducting clinical trials organizations, trade and professional The purposes of ICH are to: (1) Provide a with investigational devices and applications associations, a manufacturer, and a consumer forum for a dialogue between regulatory for permitting devices to be marketed. These organization). A discussion of the comments agencies and the pharmaceutical industry on guidance documents are widely disseminated received and the agency’s responses follow. differences in the technical requirements for by CDRH to all interested parties. Other 1. In general, the comments supported the product registration (i.e., requirements for standards used by CDRH, or which CDRH has agency’s proposed international product marketing) in the EU, Japan, and the helped to develop, concern measurement or harmonization policy on standards. For United States; (2) identify areas where test methods, or support good manufacturing example, one comment stated that the policy modifications in technical requirements or practices and quality assurance. demonstrated the agency’s commitment to greater mutual acceptance of research and A new ISO Committee, Technical the international standards development development procedures could lead to more Committee 210 (TC–210) is developing process as well as international efficient use of human, animal, and material harmonized standards in these areas. Also, harmonization. Another comment pointed resources without compromising safety, CDRH is an active participant in the Global out that the policy will better enable the quality, and efficacy; and (3) make Harmonization Task Force, in cooperation agency to establish agreements with other recommendations of practical ways to with officials from Canada, the EU, Japan, global regulatory bodies, and ultimately achieve greater harmonization in the and other countries. permit FDA to carry out its mandate to interpretation and application of technical CDRH has published a notice of a working protect the public health in a more efficient guidelines and requirements for registration. draft of a final rule to revise the current good and cost effective manner. Other comments The work products of ICH, created in manufacturing practice regulations for stated that the harmonization of regulatory working groups of experts from the medical devices (60 FR 37856, July 24, 1995), requirements and supportive standards could regulatory agencies and industry, consist of in part to ensure that they are compatible benefit U.S. companies engaged in a series of consensus guidance documents. with specifications for quality systems international trade. In addition, one of these 53082 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices comments pointed out that standards reflect programs, will be dependent not only on the standards, and to adopt or use standards, technology, and that the first priority with substantive aspects of the standards for when such action will enhance its ability to regard to standards should always be to ensuring the safety, effectiveness, and quality protect consumers and the effectiveness or develop standards that represent the best of products, but also on the development efficiency of its regulatory efforts. available technological solutions, adding that process for the standard. The standard itself C. Transparency ‘harmony’ and ‘consistency’ can be achieved must also comply with all applicable through the general acceptance of excellent statutes, regulations, and policies. 5. Four comments addressed the need for technological solutions. FDA agrees with transparency during the development of these comments. B. Regulatory Issues standards, in determining ‘‘official’’ use of a 3. One comment stated that any time a standard, or when standards are used in a A. Potential for Lowered Standards voluntary standard is used in a regulation, regulation or adopted as regulations. The 2. Two comments stated that the scope of that standard needs to be comments asserted that, if voluntary harmonization has the potential to result in unambiguously determined. The comment standards are incorporated into guidance lowered standards, with potential adverse used a hypothetical case of a voluntary documents and compliance policy guides effects on public health protection. One of standard intended to be used in the home and serve as the bases for mandatory the comments expressed concern that FDA environment being inappropriately extended standards and other regulations promulgated was subordinating the public interest in favor to the hospital environment. The comment by FDA, ample opportunity should be of voluntary standards bodies and standards argued that if the regulatory need exceeds the provided for interested parties to comment developing groups in a manner that is scope of the existing voluntary standard, it through the established procedures of notice inconsistent with the vital tasks assigned to may indicate the need for yet another and comment rulemaking. One comment the agency to protect health. The second voluntary standard that addresses the further stated that the policy should include comment argued that the first priority with additional scope, or else provisions may need a statement of assurance that FDA will regard to standards should be to develop to be added to the existing voluntary engage potentially affected parties whenever standards that represent the best available standard so as to accommodate the broader it intends formal inclusion of a voluntary technological solutions, and that FDA should scope in which the standard is to be applied. standard in an FDA document or process. not support international standards that The agency agrees that when a voluntary The agency agrees that the development of standards should be conducted in an open reflect inferior or compromised technological standard is used in a regulation, the scope of fashion. Under § 10.95, one of the criteria for solutions that become obstacles, rather than that standard should be unambiguously FDA participation in standards-setting bodies benefits, to U.S. industry. Another comment, expressed. As stated above, a basic tenet in is that the group or organization responsible while agreeing that international standards the development and adoption of a standard for the standard-setting activity must have a should be adopted as national standards is that it contributes to safer, more effective, procedure by which an interested person will whenever possible, stated that international and higher quality products. Inappropriate have an opportunity to provide information standards may sometimes not meet the needs application of a standard (voluntary or as and views on the activity and standards of our health care community, adding that part of a technical regulation) would run involved, and that the information and views some may contain safety standards only and counter to this notion. will be considered. This is why FDA clearly no performance parameters, and that the 4. Three comments questioned the need to states in its policy (section IV. below) that international standards may also be make voluntary standards mandatory one of the factors for FDA’s participation in inconsistent with our country’s codes and regulations. One of the comments stated that standards development and use is the regulations. if the agency uses a voluntary standard as a transparency of the process, i.e., the process FDA wishes to reassure those who ‘‘referee’’ standard, which means that the must be open to public scrutiny and provide commented that FDA’s participation in agency uses the voluntary standard as a the opportunity for the consideration of international harmonization activities is frame of reference for determining safety and views of all parties concerned. intended to safeguard the U.S. public health efficacy, there should be no need for the With regard to transparency when and to assure that consumer protection agency to go through the procedures required standards are used in a regulation or adopted standards and requirements are met. Indeed, for creating a regulation. The second as regulations, under the Administrative a central principle that guides the agency’s comment stated that if technical standards Procedure Act (APA), an agency that issues, international harmonization activities is that are based on state-of-the-art science and are amends, or revokes a regulation, whether on the activities should further FDA’s mission to revised as needed to incorporate advances, its own initiative or when petitioned by an protect the public health. In addition, they should be voluntary standards as interested person, must act in an open international agreements to which the U.S. opposed to regulatory requirements. The manner with adequate time provided for Government is a party have provisions that third comment asserted that existence of a comment from interested parties, which will ensure that harmonization activities will not standard does not warrant a regulation and be considered before a final regulation is result in lowered standards. For example, the FDA should avoid unnecessary regulations. promulgated. FDA’s rule on promulgation of WTO Agreement on SPS provides that each The agency agrees that it should avoid regulations, found in 21 CFR 10.40, is country may determine its appropriate level unnecessary regulations but notes that there explicit with respect to the need for of protection; therefore, the encouragement to are times when it finds it is necessary to transparency of the process and opportunity use international standards as the basis for propose and promulgate regulations for the for participation in the process by interested technical regulations will not result in efficient enforcement of the laws it persons. Other procedural regulations govern ‘‘downward harmonization.’’ Safeguards administers. Voluntary standards that will guidelines and similar documents (21 CFR have been built into the TBT agreement and serve agencies’ purposes and are consistent 10.90), and interested persons may use U.S. implementing legislation that protect the with applicable laws and regulations can be correspondence or meetings (21 CFR 10.65), ability of each country to establish adopted and used by Federal agencies. This petitions (21 CFR 10.30), or reviews by requirements necessary to fulfill a legitimate principle is stated in both FDA’s policy and supervisors (21 CFR 10.75) to raise issues and objective. As stated in section I.C.1. above, in section 7(a) of OMB Circular No. A–119 present views about other nonbinding the implementing legislation for the new TBT on Reliance on Voluntary Standards. Thus, guidance documents, which provide industry agreement, which provides additional when appropriate, FDA will adopt voluntary with useful information about recommended authority for FDA’s international standards standards by referencing them in the or alternative ways to comply with activities, provides further assurance that regulations it promulgates. In all other requirements. In fact, FDA has increasingly such harmonization would not result in instances, these standards will remain used public meetings to elicit and share lowering safety or quality standards for U.S. voluntary. information with regard to its guidance consumers. Thus, the agency does not agree As stated above, the purpose of FDA’s documents and it currently is reviewing the that harmonization will result in inferior involvement in the development and use of procedures it uses to develop guidance standards. Furthermore, FDA’s participation standards is to assist the agency in fulfilling documents to ensure sufficient transparency in standards development, consistent with its public health and regulatory missions. in the process. § 10.95 and OMB Circular No. A–119, and Thus, the agency intends to participate in the Thus, with regard to the comment that this FDA’s use of standards in its regulatory development of domestic and international policy should include a statement of Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices 53083 assurance that FDA will engage potentially technical information, not all scientifically (voluntary or regulatory) and then to take it, interested parties whenever it intends formal sound standards will serve purposes as appropriate, to an international forum. inclusion of a voluntary standard in an FDA justifying the agency’s participation in 9. One comment asserted that the intent of document or process, the agency finds that it developing them. FDA’s regulation on proposed factors III.A.6. and III.D.6., which is not necessary to do so as part of this participation in outside standard-setting state: ‘‘Wherever appropriate for the product, document because there are established activities states that not only will the activity the standard stresses product performance mechanisms under the APA and the agency’s be based upon consideration of sound rather than product design, but where administrative practices and procedure scientific and technological information, but necessary, covers all factors required to regulations for obtaining and considering it also will be designed to protect the public ensure safety, effectiveness, and quality,’’ views of interested persons. Of course, FDA against unsafe, ineffective, or deceptive was not clear. The comment added that is not foreclosing future consideration of products and practices (21 CFR inspection can be used to prevent poor additional mechanisms toward this end. 10.95(d)(5)(i)). In addition, OMB Circular No. quality products from being consumed but A–119 states that it is the policy of the that safety cannot be inspected into a D. Comments on Specific Issues Federal Government to participate in product. The comment stated further that 6. One comment suggested the alternative voluntary standards bodies when such safety must be designed into products during language, ‘‘The standard contributes to safe participation is in the public interest and is development, subsequent manufacturing, and effective products that meet consumers’ compatible with agencies’ missions, packaging, and transport. Further, the requirements for quality,’’ instead of ‘‘The authorities, priorities, and budget resources. comment stated that product performance or standard contributes to safer, more effective, The OMB Circular adds that the providing of product functionality issues with regard to and higher quality products’’ (section III.A.1., agency support to a voluntary standards safety are the primary focus in the proposed policy) and ‘‘The standard, if activity should be limited to that which is development of food regulations, and adhered to, would help ensure the safety, clearly in furtherance of an agency’s mission therefore, the comment recommended effectiveness, or quality of products’’ (section and responsibility. These directives are alternative language to that in the proposed III.D.1., proposed policy). The alternative adequately reflected in the policy. policy: ‘‘Wherever appropriate for the language was offered to simplify future 8. One comment suggested that proposed product, the standard stresses product safety, negotiations and to allow the agency to section III.A.4., ‘‘The development of an performance, and functionality, but where participate more fully in standards international standard that achieves the necessary, covers all factors required to development and promulgation. The agency’s public health objectives is generally, ensure safety and effectiveness, including comment also questioned the use of the terms but not always, given a higher priority than product and process design, and process ‘safer’ and ‘more effective’ in section III.A.1. the development of a domestic standard,’’ be performance.’’ of the proposed policy (see above) because it deleted because it is made clear in other parts The agency believes that the suggested is not clear what the measures for ‘safer’ and of the draft policy that FDA complies with language is helpful in capturing FDA’s ‘more effective’ are. The comment further U.S. obligations under the GATT, other intentions in formulating these factors as the stated that the term ‘‘higher quality’’ is international trade agreements, and OMB basis for participation in standards relative, leaving open to question who Circular No. A–119. development, and use of standards in its determines higher quality. Finally, the The agency agrees that the draft policy regulatory programs. Therefore, the agency is comment added that an international document does make clear that FDA making editorial changes in the factors along standard could conceivably result in complies with U.S. obligations under the lines suggested in the comment. requirements for the same degree of safety, international agreements and the OMB effectiveness, and quality as those required Circular. However, the agency does not agree E. Other Comments by FDA. that proposed section III.A.4. should be 10. One comment recommended that FDA The agency is revising the policy in a deleted. FDA’s belief that the development of review and revise current U.S. guidelines for manner similar to that suggested by the an international standard that achieves the toxicity testing of food additives as outlined comment. FDA agrees that an international agency’s public health objectives is generally in the Toxicological Principles for the Safety standard could indeed result in requirements (but not always) given a higher priority than Assessment of Direct Food Additives and for the same degree of safety, effectiveness, the development of a domestic standard, is Color Additives Used in Food (Redbook I), as and quality as required by FDA. In fact, one an important factor on which agency well as the proposed guidelines set forth in of FDA’s guiding principles in its participation in standards development is the revised draft, Redbook II, and harmonize international harmonization activities is that based and merits being clearly delineated. with those recommended by the OECD. The FDA should accept, where legally This is more so because proposed section III comment added that this will allow more permissible, equivalent standards of other (section VI. of this document), FDA Policy on universal acceptance of results performed countries provided such standards meet Standards, is intended to stand on its own as throughout the world and will minimize the FDA’s goals to facilitate the availability of the agency’s policy on harmonization of need to repeat expensive testing to meet safe, effective, and properly labeled products. standards and, therefore, needs to be as different testing standards in different The agency further agrees that the alternative complete as possible. countries. language would allow the agency more FDA emphasizes that there are three routes The agency has stated that standards flexibility to participate in standards to development of a harmonized activities of organizations such as OECD are development, without compromising public international standard, all of which are often important to FDA, and that the health, and is therefore amending the policy favored under the FDA policy: (1) The U.S. development of international standards, and accordingly. voluntary standards community or an harmonization with international standards if 7. One comment supported FDA’s intent to agency, such as FDA, develops a U.S. they achieve the agency’s public health develop standards on the basis of sound standard and takes it to an international objectives, will in most instances be given a scientific and technical information. The forum so it can be made an international high priority. comment added that the use of sound standard; (2) a standard already developed in The agency announced that the draft scientific and technical information will an international forum (or by another country Redbook II was available (March 29, 1993, 58 permit the development of food regulations or a regional standards body) is adopted as FR 16536) and solicited comments on the and standards that cannot be misconstrued as a U.S. voluntary or regulatory standard; or (3) draft revised guidelines. Redbook II is being unreasonable trade barriers. However, the a new international standard is developed, finalized in light of comments received by comment cautioned that a decision on ‘‘from scratch,’’ in an international forum. the agency, including a comment that the participation in standards development Which of these routes is followed in the guidelines should be harmonized with those should be based on the purpose of the particular case will vary with the facts of that of the OECD; the final revised Redbook II has standard, not whether the standard is based case. While starting a standards activity in an yet to be issued. The agency notes that, in on sound scientific and technical international forum offers many efficiencies revising the guidelines in the Redbook, it information. in avoiding duplication of effort, there will took into account the fact that differences The agency agrees that while all standards continue to be times when it makes sense among guidelines can result in unnecessary should be based on sound scientific and first to develop a domestic standard duplication of effort and inefficient use of 53084 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Notices scarce testing resources. The agency also of Federal agencies. Finally, while the vertical standard which applies to a limited wants to make clear that the Redbook is circular encourages agency representatives to range of types of products. designed to provide guidance. Strict participate in the policy-making process of B. FDA is not bound to use standards adherence to Redbook guidelines is not a voluntary standards bodies, particularly in developed with FDA participation. For requirement for toxicological studies matters such as establishing priorities, example, the agency will not use a standard conducted to establish the safety of an developing procedures for preparing, when, in the judgment of FDA, doing so will additive. reviewing and approving standards, and compromise the public health. 11. One comment indicated concern that a creating standards-developing groups, it also C. The uses of final (and selected draft or long standing participation by the United states that in order to maintain the private, proposed) standards, or selected relevant States Public Health Service in the 3–A nongovernmental nature of such bodies, parts, will include, where appropriate: (1) Sanitary Standards (for dairy and related agency representatives should refrain from Incorporating such standards into guidance food industries) is not mentioned in the text decisionmaking involvement in the internal documents for nonclinical testing, of the draft policy. The comment also stated day-to-day management of such bodies. applications for conducting clinical trials that it is necessary that, as international with investigational products, and agreements anticipate trade and importation F. Conclusion applications for permitting products to be of equipment, compliance with 3–A Sanitary Therefore, after considering the comments marketed; (2) conducting reviews of such Standards should be applied by reference to received, FDA is issuing this statement of applications; (3) incorporating such assure receipt of acceptable equipment. policy. standards into compliance policy guides; (4) The domestic and international standards- conducting reviews of test protocols used by 1 setting organizations or bodies listed under IV. FDA Policy on Standards firms as part of good manufacturing section II.B. of this document are those in It is the intent of this policy to enable FDA practices; (5) conducting reviews of study which FDA has been or is most actively to: (1) Continue to participate in international protocols submitted by firms as required for involved in developing standards. The listing standards activities that assist it in postmarket surveillance studies or programs; is not meant to be exhaustive nor is it meant implementing statutory provisions for (6) serving as the basis for mandatory to list all standards setting bodies in which safeguarding the public health, (2) increase standards or other regulations promulgated FDA has an interest. its efforts to harmonize its regulatory by FDA; and (7) serving as the basis for 12. One comment urged FDA to reference requirements with those of foreign reference (e.g., evaluation criteria) in a voluntary standards rather than adopting and governments, including setting new memorandum of understanding with other publishing standards, to maintain standards that better serve public health, and government agencies. appropriate support for standards (3) respond to laws and policies such as the D. The use of a standard in the regulatory development. The comment argued that Trade Agreements Act and OMB Circular No. programs of FDA is dependent upon the referencing rather than publishing the text of A–119 that encourage agencies to use following factors: voluntary standards as regulations or international standards that provide the 1. The standard stresses product safety and guidance protects the standards desired degree of protection. Accordingly, it effectiveness and therefore, if adhered to, organizations’ copyrights which provide the is the policy of FDA, concerning the would help ensure the safety, effectiveness, financial support for national and development and use of standards, that: or quality of products; when necessary, the international programs. A. FDA participation in standards standard also covers all factors required to FDA uses standards in the manner development will be based on the extent to ensure safety and effectiveness, including described in OMB Circular No. A–119, which which the development activity and expected product and process design, and process states that while voluntary standards adopted standard conform to certain factors, with performance; by Federal agencies should be referenced consideration also being given to the 2. The standard is based on sound along with their dates of issuance and resources available in FDA to devote to the scientific and technical information and is sources of availability in appropriate effort and expected efficiencies to be gained current; publications, regulatory orders, and in as a result of the effort; the factors are as 3. The development process for the related in-house documents, such adoption follows: standard was transparent (i.e., open to public should take into account any applicable 1. The standard stresses product safety and scrutiny), was consistent with the codes of requirements of copyright law and other effectiveness and therefore contributes to ethics that must be followed by FDA similar restrictions. safe, effective, and high quality products; employees, and the standard is not in conflict 13. One comment advised that the value of when necessary, the standard also covers all with any statute, regulation, or policy under standards is that they are the consensus factors required to ensure safety and which FDA operates; product of all technology experts, not just the effectiveness, including product and process 4. Where a relevant international standard consensus of experts from government. design, and process performance; exists or completion is imminent, it will Therefore, care should be exercised that 2. The standard is based on sound generally be used in preference to a domestic government participation in voluntary scientific and technical information and standard, except when the international standards organizations and its use of permits revision on the basis of new standard would be, in FDA’s judgment, voluntary standards does not lead to an information; insufficiently protective, ineffective, or appearance that voluntary standards 3. The development process for the otherwise inappropriate; and organizations are unduly directed or standard is transparent (i.e., open to public 5. Where a relevant horizontal standard influenced by government. scrutiny), complies with applicable statutes, which applies to multiple types of products The agency is sensitive to the need for regulations, and policies, specifically exists or its completion is imminent, it will balanced participation in voluntary standards including § 10.95 and OMB Circular A–119, generally be used in preference to a vertical bodies and works within OMB’s guidelines and is consistent with the codes of ethics that standard, which applies to a limited range of regarding policy to be followed by executive must be followed by FDA employees; types of products, except when such agencies in working with voluntary standards 4. The development of an international horizontal standard would be insufficiently bodies. OMB Circular No. A–119 states that standard that achieves the agency’s public protective, ineffective or otherwise agency representatives serving as members of health objectives is generally, but not always, inappropriate. standard-developing groups should given a higher priority than the development E. FDA employees will comply with participate actively and on a basis of equality of a domestic standard; and agency regulations (§ 10.95) covering with private sector representatives but that, 5. The development of a horizontal participation in standard setting activities in doing so, agency representatives should standard which applies to multiple types of outside the agency. not seek to dominate such groups. In products is generally, but not always, given Dated: October 4, 1995. addition, the number of individual agency higher priority than the development of a William B. Schultz, participants in a given voluntary standards Deputy Commissioner for Policy. activity should be kept to the minimum 1 This policy document does not create or confer required for effective presentation of the any rights, privileges, or benefits, for or on any [FR Doc. 95–25070 Filed 10–10–95; 8:45 am] various program, technical, or other concerns person, nor does it operate to bind FDA in any way. BILLING CODE 4160±01±F federal register October 11,1995 Wednesday September 30,1995 Presidential DeterminationNo.95±50of September 29,1995 Presidential DeterminationNo.95±48of September 29,1995 Presidential DeterminationNo.95±47of September 29,1995 Presidential DeterminationNo.95±46of The President Part IV 53085
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Title 3— Presidential Determination No. 95–46 of September 29, 1995
The President Loan Guarantee to Israel Program
Memorandum for the Secretary of State
Pursuant to the authority vested in me by Section 226(b) and Section 614(a)(1) of the Foreign Assistance Act of 1961, as amended (‘‘the Act’’), 22 U.S.C. 2186(b) and 22 U.S.C. 2364(a)(1), respectively, I hereby determine that: (1) $303 million of loan guarantee authority pursuant to Section 226(a) and (b) of the Act for Fiscal Year 1996 is subject to the deduction require- ments of Section 226(d) of the Act; and (2) It is important to the security interests of the United States that the aforementioned amount shall be reduced by $243 million without regard to the deduction requirement of Section 226(d) of the Act or any other provision of law within the scope of Section 614 of the Act; Therefore, I hereby authorize that such $243 million in loan guarantee authority shall remain available pursuant to Section 226 (a) and (b) of the Act and that $60 million in loan guarantee authority shall be deducted pursuant to section 226(d) of the Act. You are hereby authorized and directed to transmit this determination to Congress and to arrange for its publication in the Federal Register. œ–
THE WHITE HOUSE, Washington, September 29, 1995. [FR Doc. 95–25375 Filed 10–10–95; 9:50 am] Billing code 4710–01–M Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Presidential Documents 53089 Presidential Documents
Presidential Determination No. 95–47 of September 29, 1995
Transfer of $2.8 Million in FY 1995 Foreign Military Financing Funds to the Economic Support Fund for El Salvador
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 610(a) of the Foreign Assistance Act of 1961, as amended (the ‘‘Act’’), I hereby determine that it is necessary for the purposes of the Act that $2.8 million of funds made available to carry out the provisions of section 23 of the Arms Export Control Act for fiscal year 1995, be transferred to, and consolidated with, funds made available for Chapter 4, Part II of the Act. You are hereby authorized and directed to report this determination imme- diately to the Congress and to publish it in the Federal Register. œ–
THE WHITE HOUSE, Washington, September 29, 1995. [FR Doc. 95–25376 Filed 10–10–95; 9:50 am] Billing code 4710–01–M Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Presidential Documents 53091 Presidential Documents
Presidential Determination No. 95–48 of September 29, 1995
Presidential Determination on FY 1996 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Pursuant to Sections 207 and 101(a)(42), Respectively, of the Immigration and Nationality Act, and Determination Pursu- ant to Section 2(b)(2) of the Migration and Refugee Assist- ance Act, as Amended
Memorandum for the Secretary of State
In accordance with section 207 of the Immigration and Nationality Act (‘‘the Act’’) (8 U.S.C. 1157), as amended, and after appropriate consultation with the Congress, I hereby make the following determinations and authorize the following actions: The admission of up to 90,000 refugees to the United States during FY 1996 is justified by humanitarian concerns or is otherwise in the national interest; provided, however, that this number shall be understood as including persons admitted to the United States during FY 1996 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program, as provided below.
The 90,000 funded admissions shall be allocated among refugees of special humanitarian concern to the United States as described in the documentation presented to the Congress during the consultations that preceded this deter- mination and in accordance with the following regional allocations; provided, however, that the number allocated to the East Asia region shall include persons admitted to the United States during FY 1996 with Federal refugee resettlement assistance under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as contained in section 101(e) of Public Law 100–202 (Amerasian immigrants and their family members); provided further that the number allocated to the former Soviet Union shall include persons admitted who were nationals of the former Soviet Union, or in the case of persons having no nationality, who were habitual residents of the former Soviet Union, prior to September 2, 1991: Africa ...... 7,000 East Asia ...... 25,000 Former Soviet Union/Eastern Europe ...... 45,000 Latin America/Caribbean ...... 6,000 Near East/South Asia ...... 4,000 Unallocated Reserve ...... 3,000
The 3,000 unallocated numbers shall be allocated as needed. Unused admissions numbers allocated to a particular region within the 90,000 ceiling may be transferred to one or more other regions if there is an overriding need for greater numbers for the region or regions to which the numbers are being transferred. You are hereby authorized and directed to consult with the judiciary committees of the Congress prior to any such use of the unallocated numbers or reallocation of numbers from one region to another. 53092 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Presidential Documents
Pursuant to section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, as amended, 22 U.S.C. 2601(b)(2), I hereby determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States and designate such persons for this purpose. An additional 10,000 refugee admissions numbers shall be made available during FY 1996 for the adjustment to permanent-resident status under section 209(b) of the Act (8 U.S.C. 1159(b)) of aliens who have been granted asylum in the United States under section 208 of the Act (8 U.S.C. 1158), as this is justified by humanitarian concerns or is otherwise in the national interest. 8,131 aliens were granted asylum during FY 1994 under section 208 of the Act. In accordance with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)) and after appropriate consultation with the Congress, I also specify that, for FY 1996, the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence: a. Persons in Vietnam b. Persons in Cuba c. Persons in the former Soviet Union You are authorized and directed to report this determination to the Congress immediately and to publish it in the Federal Register. œ–
THE WHITE HOUSE, Washington, September 29, 1995. [FR Doc. 95–25377 Filed 10–10–95; 9:51 am] Billing code 4710–01–M Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Presidential Documents 53093 Presidential Documents
Presidential Determination No. 95–50 of September 30, 1995
Suspending Restrictions on U.S. Relations With the Palestine Liberation Organization
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Middle East Peace Facilitation Act of 1994, part E of Title V, Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, Public Law 103–236, as amended, (‘‘the Act’’), I hereby: (1) certify that it is in the national interest to suspend application of the following provisions of law until November 1, 1995: (A) Section 307 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2227), as it applies with respect to the Palestine Liberation Organiza- tion or entities associated with it; (B) Section 114 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e note), as it applies with respect to the Palestine Liberation Organization or entities associated with it; (C) Section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2502); and (D) Section 37, Bretton Woods Agreement Act (22 U.S.C. 286w), as it applies to the granting to the Palestine Liberation Organization of observer status or other official status at any meeting sponsored by or associated with the International Monetary Fund. (2) certify that the Palestine Liberation Organization continues to abide by the commitments described in section 583(b)(4) of the Act. You are authorized and directed to transmit this determination to the Con- gress and to publish it in the Federal Register. œ–
THE WHITE HOUSE, Washington, September 30, 1995. [FR Doc. 95–25378 Filed 10–10–95; 9:52 am] Billing code 4710–01–M federal register October 11,1995 Wednesday Day, 1995 Proclamation 6833ÐNationalChildren's Employment AwarenessMonth,1995 Proclamation 6832ÐNationalDisability The President Part V 53095
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Title 3— Proclamation 6832 of October 6, 1995
The President National Disability Employment Awareness Month, 1995
By the President of the United States of America
A Proclamation ‘‘The strongest bond . . . outside of the family relation, should be one uniting all working people, of all nations, and tongues, and kindreds.’’ Although written more than a century ago, Abraham Lincoln’s words con- tinue to express the ability of common purpose to transcend boundaries. As our Nation prepares for a new century and faces the demands of an increasingly global marketplace, this idea is more important than ever. We are called upon to value every citizen’s unique gifts and to encourage all people to participate in moving our Nation forward. America’s employees with disabilities have long been a part of this effort, distinguishing themselves in virtually every occupation and profession. In- deed, study after study has shown that workers with disabilities perform as well as, or better than, other members of the labor force on every factor measured. The typical cost of accommodating a person with a disability on the job is only $200, and this investment is amply repaid—wage earners with disabilities increase productivity and tax revenue, become consumers of goods and services, and reduce the burden on government welfare and entitlement programs. Yet despite their many contributions and successes, individuals with disabil- ities remain underrepresented in our Nation’s work force. Fully two-thirds of all Americans of working age with severe disabilities are unemployed, though research indicates that two-thirds of that number want to work. We cannot allow this situation to continue, but must unite in a concerted effort to ensure that all people with disabilities have the opportunity to be integral, productive members of our society. Together, our Nation’s em- ployers and citizens with disabilities can form an unbeatable team equipped to advance an interest vital to our country—a sound and growing economy. To recognize the tremendous potential of individuals with disabilities and to encourage all Americans to work toward their integration and full inclusion in the work force, the Congress, by joint resolution, approved August 11, 1945, as amended (36 U.S.C. 155), has designated October of each year as ‘‘National Disability Employment Awareness Month.’’ NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 1995 as National Disability Employ- ment Awareness Month. I call upon government officials, educators, and the people of the United States to observe this month with appropriate programs and activities that reaffirm our determination to fulfill both the letter and the spirit of the Americans with Disabilities Act. 53098 Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Presidential Documents
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of October, in the year of our Lord nineteen hundred and ninety-five, and of the Independence of the United States of America the two hundred and twentieth.
[FR Doc. 95–25408 œ– Filed 10–10–95; 10:59 am] Billing code 3195–01–P Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Presidential Documents 53099 Presidential Documents
Proclamation 6833 of October 6, 1995
National Children’s Day, 1995
By the President of the United States of America
A Proclamation All who have welcomed a child to the world can appreciate the sentiments of Ralph Waldo Emerson who wrote, ‘‘We find a delight in the beauty and happiness of children, that makes the heart too big for the body.’’ Worthy of our deepest love and this Nation’s most profound concern, children represent our dearest hopes for the future. We must ensure that they receive the care, protection, and guidance each child so richly deserves. Millions of American children are fortunate to grow up in stable, affectionate families where they enjoy loving support. Yet far too many children lack this essential foundation, and countless young people suffer the terrible effects of hunger, poverty, neglect, and abuse. Today’s families are plagued with problems that hinder their ability to tend to their children’s well- being. Drug and alcohol addiction, physical and emotional violence, stress, and economic hardship all take a devastating toll. Every one of us must take responsibility for reversing these alarming trends and for ensuring that all of our children have the opportunity to become vital, productive citizens. By getting involved now, we can reinforce the efforts of schools, churches, communities, and neighborhood organizations to strengthen families and to provide security and structure in our children’s lives. Remembering that today’s children will be tomorrow’s leaders, edu- cators, and parents, let us help them to look forward with hope and enthu- siasm for the future. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 8, 1995, as National Children’s Day. I urge the American people to express their love and appreciation for children on this day and on every day throughout the year. I invite Federal officials, local governments, communities, and particularly all Amer- ican families to join together in observing this day with appropriate cere- monies and activities that honor our Nation’s children. IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of October, in the year of our Lord nineteen hundred and ninety-five, and of the Independence of the United States of America the two hundred and twentieth.
[FR Doc. 95–25409 œ– Filed 10–10–95; 11:00 am] Billing code 3195–01–P i
Reader Aids Federal Register Vol. 60, No. 196 Wednesday, October 11, 1995
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. September 29, Laws 3 CFR 1995 ...... 52823 Proclamations: Public Laws Update Services (numbers, dates, etc.) 523±6641 No. 95±46 of For additional information 523±5227 6828...... 51877 6829...... 51879 September 29, Presidential Documents 6830...... 52291 1995 ...... 53087 No. 95±47 of 523±5227 6831...... 52827 Executive orders and proclamations September 29, The United States Government Manual 523±5227 6832...... 53097 6833...... 53099 1995 ...... 53089 No. 95±48 of Other Services Executive Orders: Electronic and on-line services (voice) 523±4534 11145 (Continued by September 29, 1995 ...... 53091 Privacy Act Compilation 523±3187 EO 12974)...... 51875 No. 95±50 of TDD for the hearing impaired 523±5229 11183 (Continued by EO 12974)...... 51875 September 30, 11287 (Continued by 1995 ...... 53093 ELECTRONIC BULLETIN BOARD EO 12974)...... 51875 Free Electronic Bulletin Board service for Public Law numbers, 11776 (Continued by 5 CFR Federal Register finding aids, and list of documents on public EO 12974)...... 51875 532...... 51881 inspection. 202±275±0920 12131 (Continued by 870...... 51881 EO 12974)...... 51875 871...... 51881 FAX-ON-DEMAND 12196 (Continued by 872...... 51881 You may access our Fax-On-Demand service. You only need a fax EO 12974)...... 51875 874...... 51881 machine and there is no charge for the service except for long 12216 (Continued by 2608...... 51667 distance telephone charges the user may incur. The list of EO 12974)...... 51875 2612...... 51667 documents on public inspection and the daily Federal Register’s 12345 (Continued by 2635...... 51667 EO 12974)...... 51875 table of contents are available using this service. The document 12367 (Continued by Proposed Rules: numbers are 7050-Public Inspection list and 7051-Table of 251...... 51371 EO 12974)...... 51875 Contents list. The public inspection list will be updated 12382 (Continued by immediately for documents filed on an emergency basis. EO 12974)...... 51875 7 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 12844 (Revoked in 8...... 52293 FILE AND NOT THE ACTUAL DOCUMENT. Documents on part by EO 301...... 52831, 52833 public inspection may be viewed and copied in our office located 12974) ...... 51876 400...... 51321 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 12869 (Superseded by 810...... 51667 telephone number is: 301±713±6905 EO 12974)...... 51876 916...... 52067 11871 (Continued by 917...... 52067 FEDERAL REGISTER PAGES AND DATES, OCTOBER EO 12974)...... 51875 920...... 52834 11876 (Continued by 982...... 51668 51321±51666...... 2 EO 12974)...... 51875 1212...... 52835 51667±51876...... 3 12878 (Revoked by 1443...... 51885 51877±52062...... 4 EO 12974)...... 51876 1477...... 52609 12882 (Continued by 52063±52290...... 5 1478...... 52609 EO 12974)...... 51875 52291±52608...... 6 1942...... 52838 12887 (See EO 1980...... 52838 52609±52830...... 10 12974) ...... 51876 52831±53100...... 11 2610...... 52840 12900 (Continued by 2620...... 52842 EO 12974)...... 51875 Proposed Rules: 12901 (Amended by 300...... 51373 EO 12973)...... 51665 318...... 51373 12905 (Continued by 985...... 52869 EO 12974)...... 51875 1280...... 51737 12912 (See EO 1413...... 52634 12974) ...... 51876 12973...... 51665 12974...... 51875 8 CFR 12975...... 52063 208...... 52068 12976...... 52829 212...... 52068, 52248 Administrative Orders: 214...... 52068, 52248 Memorandums: 236...... 52068 September 29, 1995...... 52061 242...... 52068 October 2, 1995...... 52821 245...... 52068, 52248 October 3, 1995...... 52289 248...... 52068 Presidential Determinations: 274a...... 52068 No. 95±45 of 299...... 52068 ii Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / Reader Aids
9 CFR Proposed Rules: 30 CFR 43 CFR 35...... 52874 Proposed Rules: 948...... 51900 Public Land Orders: 94...... 52635 19 CFR Proposed Rules: 7155...... 52731 6...... 52640 7161...... 52631 10...... 52294 10 CFR 18...... 52640 7162...... 52631 19...... 52294 Proposed Rules: 19...... 52640 7163...... 51734 54...... 52294 50...... 51936 20...... 52640 7164...... 52864 101...... 52627 52...... 51936 21...... 52640 7165...... 52864 125...... 52294 100...... 51936 22...... 52640 141...... 52294 23...... 52640 144...... 52294 44 CFR 11 CFR 26...... 52640 100...... 52069 Proposed Rules: 27...... 52640 64...... 51360 106...... 52069 101...... 52347 29...... 52640 46 CFR 109...... 52069 201...... 51748 33...... 52640 160...... 52631 207...... 51748 110...... 52069 35...... 52640 Proposed Rules: 114...... 52069 20 CFR 206...... 51963 Ch. I ...... 52143 25...... 52359 12 CFR 702...... 51346 32 CFR 703...... 51346 229...... 51669 199...... 52078 505...... 51918 47 CFR 701...... 51886 21 CFR 722...... 51889 706...... 52860 1...... 52865 73...... 52628 Proposed Rules: Proposed Rules: 43...... 51366, 52865 310...... 52474 701...... 51936 321...... 51764 61...... 52345, 52865 355...... 52474 63...... 51366 14 CFR 369...... 52474 33 CFR 64...... 52105 522...... 51718 68...... 52105 39 ...... 51321, 51703, 51705, 100...... 52296, 52297 Proposed Rules: 73...... 52105, 52106 51707, 51709, 51713, 52073, 110...... 52103 330...... 52058 76...... 51927, 52106 52618, 52620, 52622, 52843, 117 ...... 51727, 51728, 51729, 888...... 51946 52844 51730, 51732, 52298 Proposed Rules: 164...... 51733 36...... 52359 61...... 51850 22 CFR 63...... 51850 165...... 52103, 52861 61...... 52362, 52364 92...... 51719 73...... 52144, 52641 65...... 51850 38 CFR 71 ...... 52293, 52624, 52846 Proposed Rules: 90...... 52894 3 ...... 51921, 52862, 52863 97...... 51715, 51717 51...... 51760 20...... 51922 107...... 51854 24 CFR 48 CFR 108...... 51850, 51854 40 CFR 915...... 52632 121...... 51850, 52625 291...... 52296 52 ...... 51351, 51354, 51923, 916...... 52632 125...... 52625 Proposed Rules: 52312 970...... 52632 135...... 52625 882...... 51658 58...... 52315 1822...... 52121 135...... 51850 25 CFR 60...... 52329, 52331 1871...... 51368 Proposed Rules: 61...... 52329, 52331 Proposed Rules: 39 ...... 51375, 51376, 51942, 163...... 52250 70...... 52332 32...... 51766 51944, 52130, 52131, 52636, 164...... 51723 81 ...... 51354, 51360, 52336 52...... 51766 52870, 52872 165...... 51723 180...... 52248 1510...... 51964 71 ...... 51747, 52133, 52134, 258...... 52337 1532...... 51964 52637, 52638, 52639 26 CFR 271...... 51925, 52629 1552...... 51964 1...... 52077 16 CFR 282...... 52343 1553...... 51964 52...... 52848 300...... 51927 301...... 51724 436...... 51895 Proposed Rules: 602...... 52848 50 CFR 17 CFR 50...... 52874 27 CFR 51...... 51378, 52734 23...... 52450 36...... 51323 52 ...... 51378, 51379, 51382, 32...... 52866 9...... 51896 200...... 52626 51964, 52348, 52351, 52352 227...... 51928, 52121 Proposed Rules: 285...... 51932 28 CFR 60...... 52889 240...... 52792 70...... 52890 630...... 51933 2 ...... 51348, 51349, 51350 80...... 52135 651...... 51370 18 CFR 549...... 52278 81...... 51382 672 ...... 51934, 51935, 52128, 2...... 53019 Proposed Rules: 82...... 51383, 52357 52632 154...... 52960 16...... 51962 85...... 51378, 52734 675...... 52129 157...... 53019 86...... 52734 Proposed Rules: 29 CFR 158...... 53019 300...... 51390, 51395 17 ...... 51398, 51417, 51432, 201...... 53019 4...... 51725 302...... 51765 51436, 51443 250...... 53019 1602...... 51350 355...... 51765 676...... 51452 260...... 53019 1910...... 52856 222...... 51968 284...... 53019 Proposed Rules: 42 CFR 227...... 51968 381...... 53019 2615...... 52135 489...... 52731 301...... 51735 385...... 53019 1625...... 51762 498...... 52731 651...... 51978