Modification of Natural Gas Reporting Regulations, 33873-33877 [05-11543]
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Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Proposed Rules
‘‘leaves in full force and effect § 318.30
which restricts the movement from
Hawaii, Puerto Rico, or the Virgin
Islands of the United States into or
through any other State or certain
Territories or Districts of the United
States of all varieties of sweetpotatoes
(Ipomoea batatas Poir.). It also’’.
22. In § 318.58–1, the definition of
inspector would be revised to read as set
forth below.
§ 318.58–1
Definitions.
*
*
*
*
*
Inspector. Any individual authorized
by the Administrator of APHIS or the
Commissioner of Customs and Border
Protection, Department of Homeland
Security, to enforce the regulations in
this part.
*
*
*
*
*
§ 318.58–2
[Amended]
23. In § 318.58–2, in paragraph (b)(2),
the list of articles would be amended by
adding, in alphabetical order, a new
entry for ‘‘Sweetpotato (Ipomoea batatas
Poir.).’’
24. A new section § 318.58–4b would
be added to read as set forth below.
§ 318.58–4b Irradiation treatment of fruits
and vegetables from Puerto Rico and the
U.S. Virgin Islands.
Any fruits or vegetables from Puerto
Rico or the U.S. Virgin Islands that are
required by this subpart to be treated or
subjected to inspection to control one or
more of the plant pests listed in
§ 305.31(a) of this chapter may instead
be treated with irradiation. Fruits and
vegetables treated with irradiation for
plant pests listed in § 305.31(a) must be
irradiated at the doses listed in
§ 305.31(a), and the irradiation
treatment must be conducted in
accordance with the other requirements
of § 305.34.
25. A new section § 318.58–4c would
be added to read as follows.
§ 318.58–4c Movement of sweetpotatoes
from Puerto Rico to certain ports.
Sweetpotatoes from Puerto Rico may
be moved interstate to Atlantic Coast
ports north of and including Baltimore,
MD, if the following conditions are met:
(a) The sweetpotatoes must be
certified by an inspector of the
Commonwealth of Puerto Rico as having
been grown under the following
conditions:
(1) Fields in which the sweetpotatoes
have been grown must have been given
a preplanting treatment with an
approved soil insecticide.
(2) Before planting in such treated
fields, the sweetpotoato draws and vine
cuttings must have been dipped in an
approved insecticidal solution.
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(3) During the growing season an
approved insecticide must have been
applied to the vines at prescribed
intervals.
(b) An inspector of the
Commonwealth of Puerto Rico must
certify that the sweetpotatoes have been
washed.
(c) The sweetpotatoes must be graded
by inspectors of the Commonwealth of
Puerto Rico in accordance with Puerto
Rican standards which do not provide a
tolerance for insect infestation or
evidence of insect injury and found by
such inspectors to comply with such
standards prior to movement from
Puerto Rico.
(d) The sweetpotatoes must be
inspected by an inspector and found to
be free of the sweetpotato scarabee
(Euscepes postfasciatus Fairm.).
PART 319—FOREIGN QUARANTINE
NOTICES
26. The authority citation for part 319
would continue to read as follows:
Authority: 7 U.S.C. 450 and 7701–7772; 21
U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and
371.3.
§ 319.56–2
[Amended]
27. In § 319.56–2, paragraph (k) would
be amended by removing the words ‘‘11
species of fruit flies and one species of
seed weevil’’ and adding the words
‘‘plant pests’’ in their place.
§ 319.56–2x
[Amended]
28. In § 319.56–2x, the introductory
text in paragraph (a) would be amended
by removing the words ‘‘mango seed
weevil Sternochetus mangiferae
(Fabricus) or for one or more of the
following 11 species of fruit flies:
Anastrepha fraterculus, Anastrepha
ludens, Anastrepha obliqua,
Anastrepha serpentina, Anastrepha
suspensa, Bactrocera cucurbitae,
Bactrocera dorsalis, Bactrocera tryoni,
Bactrocera jarvisi, Bactrocera latifrons,
and Ceratitis capitata’’ and adding the
words ‘‘plant pests listed in § 305.31(a)’’
in their place.
Done in Washington, DC, this 3rd day of
June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–11460 Filed 6–9–05; 8:45 am]
BILLING CODE 3410–34–P
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 260 and 284
[Docket No. RM05–12–000]
Modification of Natural Gas Reporting
Regulations
May 27, 2005.
Federal Energy Regulatory
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
proposing to amend its regulations to
standardize the filing format for
reporting natural gas service
interruptions and emergency natural gas
sale, transportation and exchange. The
Commission is also proposing to
modernize the filing method, develop a
tracking method for filings, and develop
an electronic notification system to
notify appropriate Commission staff
when the information is filed with the
Commission. In addition, the
Commission seeks comment on
affording Critical Energy Infrastructure
Information (CEII) protection where
applicable. These modifications are the
result of a review conducted by the
Commission’s Information Assessment
Team (FIAT) of the Commission’s
current information collections by
evaluating their original purposes and
current uses, and to propose ways to
reduce the reporting burden on industry
through the elimination, reduction,
streamlining or reformatting of current
collections. The modification of the
regulations to modernize the filing
method and standardize the filing
format should streamline the process
and reduce the burden of filing
information under FERC–576 ‘‘Report of
Natural Gas Service Interruptions’’ and
FERC–588 ‘‘Emergency Natural Gas
Sale, Transportation and Exchange
Transactions.’’ In addition, the
Commission proposes to provide CEII
protection for the information contained
on both information collection
requirements and seeks comment on
this proposal. The Commission believes
these modifications will not in any way
prejudice the rights of any participant in
those proceedings or anyone interested
in the Commission’s natural gas
program.
Comments are due July 25, 2005.
Comments may be filed
electronically via the eFiling link on the
Commission’s Web site at https://
www.ferc.gov. Commenters unable to
DATES:
ADDRESSES:
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Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Proposed Rules
file comments electronically must send
an original and 14 copies of their
comments to: The Federal Energy
Regulatory Commission, Office of the
Secretary, 888 First Street, NE.,
Washington, DC 20426. Refer to the
Comment Procedures section of the
preamble for additional information on
how to file comments.
FOR FURTHER INFORMATION CONTACT:
Michael Miller (Technical Information),
Office of Executive Director, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426, (202) 502–8415.
Michael McGehee (Technical
Information), Office of Energy
Projects, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
8962.
Jacqueline Holmes (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426, (202) 502–8198.
SUPPLEMENTARY INFORMATION:
Introduction
The Federal Energy Regulatory
Commission (Commission) has
reviewed its natural gas regulations in
order to determine whether they contain
any outdated requirements or impose
any unnecessary burdens on persons
subject to the Commission’s
jurisdiction. This review was conducted
by the FERC Information Assessment
Team (FIAT) that was tasked by the
Chairman to assess the Commission’s
information needs. Goal 2 of the tasks
identified by the team to meet this
mission included identifying all of the
Commission’s current information
collections, through forms and filing
requirements (electric, hydropower,
natural gas, oil and general), and
evaluate their original purposes and
current uses, and propose ways to
reduce the reporting burden on industry
through elimination, reduction,
streamlining or reformatting of current
collections. The modification of the
regulations proposed in this rule will
modernize the filing method and
standardize the filing format to ensure
greater filing efficiency for the
information filed under FERC–576
‘‘Report of Natural Gas Service
Interruptions’’ and FERC–588
‘‘Emergency Natural Gas Sale,
Transportation and Exchange
Transactions.’’ In addition, because
information filed under both
information collections reference the
location of energy facilities, the
Commission is proposing to limit access
to this information under its Critical
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Energy Infrastructure Information (CEII)
procedures. The Commission believes
that these modifications would not in
any way prejudice the rights of any
participant in those proceedings or
anyone interested in the Commission’s
natural gas program.
Background
1. Under the Natural Gas Act (NGA)
(Public Law 75–688) 1 a natural gas
company must obtain the Commission’s
authorization to engage in the
transportation or exchange of natural
gas in interstate commerce. The
Commission oversees the continuity of
service in the transportation of natural
gas in interstate commerce. Under
section 7(d) of the NGA,2 the
Commission may issue a temporary
certificate in cases of emergency to
ensure maintenance of adequate service
or to serve particular customers without
notice or hearing. Section 10(a) of the
NGA 3 requires natural gas pipeline
companies to file reports with the
Commission as prescribed by rules or
regulations or by order as appropriate,
to assist the Commission in performing
its regulatory duties. The provisions of
section 16 of the NGA 4 authorize the
Commission to prescribe forms,
statements, declarations and reports,
including the information they are to
contain and the time frames for filing
the information.
2. The information filed under FERC–
576 ‘‘Report of Natural Gas Service
Interruptions’’ notifies the Commission
in a timely manner of any interruption
to service or possible hazard to public
health or safety. The Commission, in
response to timely notification of a
serious interruption, may contact other
pipelines to determine available supply,
and if necessary, authorize
transportation or construction of
facilities to alleviate the problem. The
information collected identifies serious
interruptions of service to any
wholesale customer involving facilities
operated under the Commission’s
certificate authorization. The
information collected may include: (1)
The date of service interruption; (2) the
date of reporting of the interruption to
the Commission; (3) location of the
interruption; (4) brief description of the
facility involved and the cause of the
interruption; (5) customer(s) affected; (6)
duration of the interruption, and (7)
volumes of natural gas interrupted.
3. FERC–588 ‘‘Emergency Natural Gas
Sale, Transportation and Exchange
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1 15
U.S.C. 717–717w. (2000).
U.S.C. 717f. (2000).
3 15 U.S.C. 717i. (2000).
4 15 U.S.C. 717o. (2000).
Transactions’’ is also authorized by the
provisions of the NGA. However,
section 7(c)(1)(B) of the NGA exempts
from certificate requirements
‘‘temporary acts or operations for which
the issuance of a certificate will not be
required in the public interest.’’ 5 The
Natural Gas Policy Act (NGPA) (Public
Law 95–621) 6 also provides for the
reporting of non-certificated interstate
transactions involving intrastate
pipelines and local distribution
companies.
4. An emergency is defined as any
situation in which an actual or expected
shortage of gas supply or capacity
would require an interstate pipeline
company, intrastate pipeline company,
local distribution company or Hinshaw
pipeline to curtail deliveries of gas or
provide less than the projected level of
service to any customer. These
situations include a sudden,
unanticipated loss of natural gas supply
or capacity, sudden, anticipated loss of
natural gas supply or capacity, or any
situation in which the participant, in
good faith, determines that immediate
action is required for the protection of
life or health or the maintenance of
physical property. Respondents are to
file a report within forty-eight hours
after the commencement of the
transportation, sale or exchange of
deliveries of natural gas commence, a
request to extend the sixty-day term of
the emergency transportation, if needed,
and a termination report.
Discussion
5. In this Notice of Proposed
Rulemaking (NOPR) the Commission is
proposing to amend parts 260 and 284
of its regulations governing
interruptions of natural gas service to
wholesale customers involving
certificated facilities (18 CFR 260.9) and
the emergency reconstruction of
certificated facilities (18 CFR 284.270).
6. The Commission intends to
modernize the filing method and to
assist jurisdictional entities when filing
information in response to the
requirements of 18 CFR 260.9 ‘‘Report
by natural gas pipeline companies on
service interruptions occurring on the
pipeline system’’ and 18 CFR subpart I
‘‘Emergency natural gas sale,
transportation, and exchange
transactions.’’ The Commission will
provide for the electronic submission of
data, and will standardize the filing
format. In addition, the Commission
proposes to develop an internal tracking
mechanism to provide staff with timely
information on the submission of
2 15
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6 15
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U.S.C. 717f. (2000).
U.S.C. 3301–3432. (2000).
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reports for service interruptions and
emergency natural gas transaction
reports. The latter, as required by 18
CFR 284.270, calls for the submission of
forty-eight hour reports for sales
transactions, transportation, exchanges
and the termination reports.
7. The current requirements of 18 CFR
260.9 direct that natural gas pipeline
companies must report to the
Commission serious service
interruptions to communities, major
Government installations and large
industrial plants outside of
communities, or interruptions that the
pipeline considers to be significant. The
pipeline must notify the Commission of
the interruption with the following
information: (1) The location of the
interruption; (2) the time of the
interruption; (3) the customers affected
by the interruption and (4) the
emergency actions taken to maintain the
service. The pipeline must also provide
the Commission with a copy of the
failure report filed with the Department
of Transportation, and the pipeline must
file the interruption report with the state
commissions in the affected states.
Natural gas pipeline companies
currently submit this information in
hardcopy as well as any electronic
means, including facsimile transmission
or telegraph.
8. The information provided for under
18 CFR 284.270 of the Commission’s
regulations permits the Commission to
determine whether an emergency gas
sale, transportation or exchange
qualifies for an exemption under section
7(c) of the NGA. The information must
be filed within 48 hours after an
emergency transaction begins, and
within 30 days after termination of the
transaction. The filer must also submit
a report with the U.S. Department of
Transportation and may use the
telegraph as a medium for transmitting
this information.
9. Because the telegraph is an
outdated method for submitting this
information, the Commission proposes
to require instead the electronic
submission of the information required
in both 18 CFR 260.9 and 18 CFR
284.270. For Internet filing provisions,
see 18 CFR 385.2003 (c). The benefits of
having this information filed
electronically include efficient delivery
of the information, immediate
confirmation to the filer of the
Commission’s receipt of the
information, and almost immediate
access by Commission staff. The
electronic submission of information
will reduce the number of data entry
errors, permit Commission staff to
conduct analysis in a timely manner,
and provide for the storage of
information on optical storage media,
thus saving valuable storage. Electronic
reporting will also provide time and
resource savings for all parties by
reducing the number of personnel
needed to submit paper filings,
particularly since it will eliminate paper
processing and mailing. All parties,
including the Commission, will benefit
by having current data and the integrity
of the data will increase because
jurisdictional entities and the
Commission will be able to correct the
errors more promptly.
10. In Order No. 630 7, the
Commission issued procedures for
gaining access to CEII, which would not
otherwise be made available under the
Freedom of Information Act.8 These
procedures made in the aftermath of the
September 11, 2001 terrorist attacks,
and instituted to restrict unrestrained
access to certain types of information
because of the threat of terrorism, keep
sensitive infrastructure information out
of the public domain. By placing
restrictions on the use of this
information, the Commission will
decrease the likelihood terrorists could
use such information to plan or execute
terrorist attacks. The Commission
defines CEII as information about
‘‘existing or proposed critical
infrastructure that: (i) Relates to the
production, generation, transportation,
transmission, or distribution of energy;
(ii) could be useful to a person planning
Number of
respondents
Data collection
an attack on critical infrastructure; (iii)
is exempt from mandatory disclosure
under the Freedom of Information Act;
and, (iv) does not simply give the
location of critical infrastructure.’’ (18
CFR 388.113 (c)(1)) Critical
infrastructure means ‘‘existing or
proposed systems and assets, whether
physical or virtual, the incapacity or
destruction of which would negatively
affect security, economic security,
public health or safety, or any
combination of these matters.’’ (18 CFR
388.113(c)(2)) In submitting information
under both 18 CFR 260.9 and 284.270,
pipelines must provide descriptions of
the facilities and their location in order
to describe why there is an interruption
of service or the measures that they are
taking to reconstruct the pipeline. If this
information remained publicly
available, it could provide those
planning or executing terrorist attacks
with an opportunity to take advantage of
vulnerabilities in the energy
infrastructure. It is for this reason the
Commission seeks comment on placing
the information filed in response to 18
CFR 260.9 and 18 CFR 284.270 under
CEII protection. CEII may be released to
a requester with a legitimate need for
the information who is willing to abide
by an appropriate non-disclosure
agreement. See 18 CFR 3881.113.
Information Collection Statement
11. The Office of Management and
Budget (OMB) regulations require OMB
to approve certain information
collection requirements imposed by
agency rule.9 Comments are solicited on
the Commission’s need for this
information, whether the information
will have practical utility, the accuracy
of the provided burden estimates, ways
to enhance the quality, utility and
clarity of the information to be
collected, and any suggested methods
for minimizing respondents’ burden,
including the use of automated
information techniques.
12. Estimated Annual Burden
Number of
hours per
response
Number of
responses
Total annual
hours
FERC–576 .......................................................................................................
FERC–588 .......................................................................................................
22
8
1
1
1
10
22
80
Totals ........................................................................................................
........................
........................
........................
102
85
7 Critical
Energy Infrastructure Information, 68 FR
9857 (March 3, 2003), FERC Stats. & Regs. ¶31,140
(2003).
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95
U.S.C. 552. (2000).
CFR 1320.11.
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Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Proposed Rules
Title: Report of Service Interruptions
(FERC–576). Emergency Natural Gas
Sale, Transportation & Exchange (FERC–
588).
Action: Proposed Collections.
OMB Control Nos. 1902–0004 & 1902–
0144.
Respondents: Businesses or other for
profit.
Frequency of Responses: On occasion.
Necessity of the Information: The
proposed regulations will revise the
reporting requirements for service
interruptions and emergency
transactions to streamline the
requirements and reduce the burden for
the respondents. The information filed
with the Commission informs it of
serious natural gas pipeline service
interruptions and also of the need for
emergency reconstruction of natural gas
pipelines or the need to sell, transport
or make exchanges due to actual or
expected shortages of gas supply.
Internal Review: The Commission has
reviewed the proposed amendments to
its regulations to modify the filing
method, standardize the format and
create an internal tracking mechanism
for Commission staff. The revisions to
the regulations will provide more
effective and efficient information by
providing current data by electronic
submission. This method of filing will
reduce data errors and thus preserve the
integrity of the data. The Commission
will be able to conduct further analysis
of filed reports in a more timely fashion
and expedite dissemination to
Commission staff to ensure a timely
response. The Commission also
proposes to change the availability of
the information to the public by
classifying it as subject to CEII
protection and seeks comment on this
proposal. By invoking this protection,
the Commission seeks to minimize the
available information on vulnerabilities
in the energy infrastructure to those
persons who either plan or will execute
a terrorist attack. The Commission has
assured itself, by means of internal
review, that there is specific, objective
support for the burden estimates
associated with the information
collection requirements.
Interested persons may obtain
information on the information
requirements by contacting the
following: The Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426
(Attention: Michael Miller, Office of the
Executive Director, phone (202) 502–
8415, fax: (202) 273–0873, e-mail:
michael.miller@ferc.gov).
For submitting comments concerning
the collection of information(s) and the
associated burden estimate(s), please
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send your comments to the contact
listed above and to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Washington, DC 20503, (Attention: Desk
Officer for the Federal Energy
Regulatory Commission, phone: (202)
395–4650, fax: (202) 395–7285).
and processing costs by being able to
submit this information electronically.
Therefore, the Commission certifies that
this rule will not have a significant
impact on a substantial number of small
entities.
Environmental Analysis
13. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.10 The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment. Included in the exclusion
are rules that are clarifying, corrective,
or procedural or that do not
substantially change the effect of the
regulations being amended.11 This
proposed rule, if finalized, is procedural
in nature and therefore falls under this
exception. Therefore, no environmental
consideration would be necessary.
16. The Commission invites interested
persons to submit comments on the
matters and issues that it proposes to
adopt, including any related matters or
alternative proposals that commenters
may wish to discuss. Comments are due
July 25, 2005. Comments must refer to
Docket No. RM05–12–000, and must
include the commenter’s name, the
organization they represent, if
applicable, and their address in their
comments.
17. Comments may be filed
electronically via the eFiling link on the
Commission’s Web site at https://
www.ferc.gov. The Commission accepts
most standard word processing formats
and commentors may attach additional
files with supporting information in
certain other file formats. Commenters
filing electronically do not need to make
a paper filing. Commenters that are not
able to file comments electronically
must send an original and 14 copies of
their comments to: The Federal Energy
Regulatory Commission, Office of the
Secretary, 888 First Street NE.,
Washington, DC, 20426.
18. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commentors
commenting on this proposal are not
required to serve copies of their
comments on other commenters.
Regulatory Flexibility Act Certification
14. The Regulatory Flexibility Act of
1980 (RFA) 12 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities.13 The Commission is not
required to make such an analysis if a
rule would not have such an effect.
15. The Commission does not think
that the proposed amendments to its
regulations would have such an impact
on small entities. Based on past
experience, most of the pipelines filing
either an interruption service report or
an emergency transaction report under
the proposed regulations would be
entities that do not meet the RFA’s
definition of a small entity. Further, if
the proposed regulations are adopted,
all pipelines, including small entities,
should benefit through reduced staffing
10 Order No. 486, Regulations Implementing the
National Environmental Policy Act, 52 FR 47897
(Dec. 17, 1987), FERC Stats. & Regs. Preambles
1986–1990 ¶ 30,783 (1987).
11 18 CFR 380.4(a)(2)(ii).
12 5 U.S.C. 601–612 (2000).
13 The RFA definition of ‘‘small entity’’ refers to
the definition provided in the Small Business Act,
which defines a ‘‘small business concern’’ as a
business which is independently owned and
operated and which is not dominant in its field of
operation. 15 U.S.C. 632 (2000). The Small Business
Size Standards component of the North American
Industry Classification System defines a small
pipeline for transportation of natural gas as one
that, including its affiliates, did not have total
annual revenues for the preceding fiscal years
exceeding $6.0 million. 13 CFR 121.201 (Sectors
48–49, Sub sector 486, Pipeline Transportation,
North American Industry Classification System,
NAICS) (2004).
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Comment Procedures
Document Availability
19. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through
FERC’s Home Page (https://www.ferc.gov)
and in FERC’s Public Reference Room
during normal business hours (8:30 a.m.
to 5 p.m. Eastern time) at 888 First
Street, NE., Room 2A, Washington, DC
20426.
20. From FERC’s Home Page on the
Internet, this information is available in
the eLibrary. The full text of this
document is available in the eLibrary
both in PDF and Microsoft Word format
for viewing, printing, and/or
downloading. To access this document
in eLibrary, type the docket number,
excluding the last three digits of this
document, in the docket number field.
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Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Proposed Rules
21. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours. For assistance
contact FERC Online Support at
FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY,
contact (202) 502–8659. E-Mail the
Public Reference Room at
public.referenceroom@ferc.gov or 202–
502–8371.
List of Subjects
Statements, Reporting and
recordkeeping requirements.
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352; 43 U.S.C. 1331–
1356.
18 CFR Part 284
Natural gas, Reporting and
recordkeeping requirements.
2. Amend §284.270 by adding
introductory text and by revising
paragraphs (a) introductory text, (b)
introductory text, and (c) introductory
text to read as follows:
By direction of the Commission.
Linda Mitry,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend parts
260 and 284, title 18 of the Code of
Federal Regulations, as set forth below:
PART 260—STATEMENTS AND
REPORT (SCHEDULES)
1. The authority citation for part 260
continues to read as follows:
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352.
2. Amend §260.9 by revising
paragraphs (b) introductory text and (e),
and by adding a note following
paragraph (b)(4) to read as follows:
§ 260.9 Report by natural gas pipeline
companies on service interruptions
occurring on the pipeline system.
*
*
*
*
(b) Reporting requirement. Natural gas
pipeline companies must report such
interruptions to service by electronic
submission, to the Commission and the
Director, Division of Pipeline
Certificates, Office of Energy Projects,
Federal Energy Regulatory Commission,
Washington, DC 20426 (Fax: (202) 502–
8625) at the earliest feasible time
following such interruption to service,
and must state briefly:
*
*
*
*
*
Note to paragraph (b): Submit in
electronic format in accordance with
§ 385.2003 of this chapter. This report is
an electronic file that is classified as a
‘‘qualified document.’’ As a qualified
document, no paper copy version of the
filing is required unless there is a
request for privileged and protected
treatment or the document is combined
with another document as provided in
§ 385.2003(c)(3) or (4).
*
*
*
*
*
VerDate jul<14>2003
16:26 Jun 09, 2005
Jkt 205001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R05–OAR–2004–OH–0004; FRL–7923–5]
PART 284—CERTAIN SALES AND
TRANSPORTATION OF NATURAL GAS
UNDER THE NATURAL GAS POLICY
ACT OF 1978 AND RELATED
AUTHORITIES
1. The authority citation for part 284
continues to read as follows:
18 CFR Part 260
*
(e) Copies of the report on
interruption of service must be sent
electronically to the State commission
in those States where service has been
or might be affected.
33877
§ 284.270
Reporting requirements.
Each report shall be submitted in
electronic format in accordance with
§ 385.2003 of this chapter. All reports
are electronic files classified as
‘‘qualified documents.’’ As qualified
documents, no paper copy version of
the filing is required unless there is a
request for privileged and protected
treatment or the document is combined
with another document as provided in
§ 385.2003(c)(3) or (4).
(a) Forty-eight hour report for sales
transactions. Within 48 hours after
deliveries of emergency natural gas
commence, the purchasing participant
must notify the Commission
electronically of the sale, stating, in the
following sequences:
*
*
*
*
*
(b) Forty-eight hour report for
transportation (excluding exchanges).
Within 48 hours after deliveries
commence in an emergency natural gas
transaction which does not involve the
sale of emergency natural gas, the
recipient of the emergency natural gas
shall notify the Commission
electronically of the transportation,
stating in the following sequence:
*
*
*
*
*
(c) Forty-eight hour report for
exchanges. Within 48 hours after an
exchange transaction for emergency
natural gas commences, the initial
recipient of the exchange volumes shall
notify the Commission electronically of
the exchange, stating in the following
sequence:
*
*
*
*
*
[FR Doc. 05–11543 Filed 6–9–05; 8:45 am]
BILLING CODE 6717–01–P
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
Approval and Promulgation of
Implementation Plans; Ohio New
Source Review Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
SUMMARY: EPA is extending the
comment period for a proposed rule
published May 11, 2005 (70 FR 24734).
On May 11, 2005, EPA proposed to
conditionally approve revisions to the
prevention of significant deterioration
(PSD) and nonattainment new source
review (NSR) construction permit
programs submitted by the Ohio
Environmental Protection Agency
(OEPA) on September 14, 2004. On
December 31, 2002, EPA published
revisions to the Federal PSD and NSR
regulations in 40 CFR parts 51 and 52
(67 FR 80186). These ‘‘NSR Reform’’
regulatory revisions became effective on
March 3, 2003, and include provisions
for baseline emissions determinations,
actual-to-future actual methodology,
plantwide applicability limits (PALs),
clean units, and pollution control
projects (PCPs). EPA proposed to
conditionally approve OEPA’s revised
rules to implement these NSR Reform
provisions. In response to a May 19,
2005, request from the Natural
Resources Defense Council, EPA is
extending the comment period for 60
days.
The comment period is extended
to August 9, 2005.
ADDRESSES: Submit comments,
identified by Regional Material in
EDocket (RME) ID No. R05–OAR–2004–
OH–0004, to: Pamela Blakley, Chief, Air
Permits Section, (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Phone: (312) 886–4447.
E-mail: blakley.pamela@epa.gov.
Additional instructions to comment can
be found in the notice of proposed
rulemaking published May 11, 2005 (70
FR 24734).
FOR FURTHER INFORMATION CONTACT:
Genevieve Damico, Air Permits Section
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois, 60604,
Telephone Number: (312) 353–4761, email address:
damico.genevieve@epa.gov.
DATES:
E:\FR\FM\10JNP1.SGM
10JNP1
]]>Agencies
[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Proposed Rules]
[Pages 33873-33877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11543]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 260 and 284
[Docket No. RM05-12-000]
Modification of Natural Gas Reporting Regulations
May 27, 2005.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) is
proposing to amend its regulations to standardize the filing format for
reporting natural gas service interruptions and emergency natural gas
sale, transportation and exchange. The Commission is also proposing to
modernize the filing method, develop a tracking method for filings, and
develop an electronic notification system to notify appropriate
Commission staff when the information is filed with the Commission. In
addition, the Commission seeks comment on affording Critical Energy
Infrastructure Information (CEII) protection where applicable. These
modifications are the result of a review conducted by the Commission's
Information Assessment Team (FIAT) of the Commission's current
information collections by evaluating their original purposes and
current uses, and to propose ways to reduce the reporting burden on
industry through the elimination, reduction, streamlining or
reformatting of current collections. The modification of the
regulations to modernize the filing method and standardize the filing
format should streamline the process and reduce the burden of filing
information under FERC-576 ``Report of Natural Gas Service
Interruptions'' and FERC-588 ``Emergency Natural Gas Sale,
Transportation and Exchange Transactions.'' In addition, the Commission
proposes to provide CEII protection for the information contained on
both information collection requirements and seeks comment on this
proposal. The Commission believes these modifications will not in any
way prejudice the rights of any participant in those proceedings or
anyone interested in the Commission's natural gas program.
DATES: Comments are due July 25, 2005.
ADDRESSES: Comments may be filed electronically via the eFiling link on
the Commission's Web site at https://www.ferc.gov. Commenters unable to
[[Page 33874]]
file comments electronically must send an original and 14 copies of
their comments to: The Federal Energy Regulatory Commission, Office of
the Secretary, 888 First Street, NE., Washington, DC 20426. Refer to
the Comment Procedures section of the preamble for additional
information on how to file comments.
FOR FURTHER INFORMATION CONTACT:
Michael Miller (Technical Information), Office of Executive Director,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-8415.
Michael McGehee (Technical Information), Office of Energy Projects,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-8962.
Jacqueline Holmes (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502-8198.
SUPPLEMENTARY INFORMATION:
Introduction
The Federal Energy Regulatory Commission (Commission) has reviewed
its natural gas regulations in order to determine whether they contain
any outdated requirements or impose any unnecessary burdens on persons
subject to the Commission's jurisdiction. This review was conducted by
the FERC Information Assessment Team (FIAT) that was tasked by the
Chairman to assess the Commission's information needs. Goal 2 of the
tasks identified by the team to meet this mission included identifying
all of the Commission's current information collections, through forms
and filing requirements (electric, hydropower, natural gas, oil and
general), and evaluate their original purposes and current uses, and
propose ways to reduce the reporting burden on industry through
elimination, reduction, streamlining or reformatting of current
collections. The modification of the regulations proposed in this rule
will modernize the filing method and standardize the filing format to
ensure greater filing efficiency for the information filed under FERC-
576 ``Report of Natural Gas Service Interruptions'' and FERC-588
``Emergency Natural Gas Sale, Transportation and Exchange
Transactions.'' In addition, because information filed under both
information collections reference the location of energy facilities,
the Commission is proposing to limit access to this information under
its Critical Energy Infrastructure Information (CEII) procedures. The
Commission believes that these modifications would not in any way
prejudice the rights of any participant in those proceedings or anyone
interested in the Commission's natural gas program.
Background
1. Under the Natural Gas Act (NGA) (Public Law 75-688) \1\ a
natural gas company must obtain the Commission's authorization to
engage in the transportation or exchange of natural gas in interstate
commerce. The Commission oversees the continuity of service in the
transportation of natural gas in interstate commerce. Under section
7(d) of the NGA,\2\ the Commission may issue a temporary certificate in
cases of emergency to ensure maintenance of adequate service or to
serve particular customers without notice or hearing. Section 10(a) of
the NGA \3\ requires natural gas pipeline companies to file reports
with the Commission as prescribed by rules or regulations or by order
as appropriate, to assist the Commission in performing its regulatory
duties. The provisions of section 16 of the NGA \4\ authorize the
Commission to prescribe forms, statements, declarations and reports,
including the information they are to contain and the time frames for
filing the information.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 717-717w. (2000).
\2\ 15 U.S.C. 717f. (2000).
\3\ 15 U.S.C. 717i. (2000).
\4\ 15 U.S.C. 717o. (2000).
---------------------------------------------------------------------------
2. The information filed under FERC-576 ``Report of Natural Gas
Service Interruptions'' notifies the Commission in a timely manner of
any interruption to service or possible hazard to public health or
safety. The Commission, in response to timely notification of a serious
interruption, may contact other pipelines to determine available
supply, and if necessary, authorize transportation or construction of
facilities to alleviate the problem. The information collected
identifies serious interruptions of service to any wholesale customer
involving facilities operated under the Commission's certificate
authorization. The information collected may include: (1) The date of
service interruption; (2) the date of reporting of the interruption to
the Commission; (3) location of the interruption; (4) brief description
of the facility involved and the cause of the interruption; (5)
customer(s) affected; (6) duration of the interruption, and (7) volumes
of natural gas interrupted.
3. FERC-588 ``Emergency Natural Gas Sale, Transportation and
Exchange Transactions'' is also authorized by the provisions of the
NGA. However, section 7(c)(1)(B) of the NGA exempts from certificate
requirements ``temporary acts or operations for which the issuance of a
certificate will not be required in the public interest.'' \5\ The
Natural Gas Policy Act (NGPA) (Public Law 95-621) \6\ also provides for
the reporting of non-certificated interstate transactions involving
intrastate pipelines and local distribution companies.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 717f. (2000).
\6\ 15 U.S.C. 3301-3432. (2000).
---------------------------------------------------------------------------
4. An emergency is defined as any situation in which an actual or
expected shortage of gas supply or capacity would require an interstate
pipeline company, intrastate pipeline company, local distribution
company or Hinshaw pipeline to curtail deliveries of gas or provide
less than the projected level of service to any customer. These
situations include a sudden, unanticipated loss of natural gas supply
or capacity, sudden, anticipated loss of natural gas supply or
capacity, or any situation in which the participant, in good faith,
determines that immediate action is required for the protection of life
or health or the maintenance of physical property. Respondents are to
file a report within forty-eight hours after the commencement of the
transportation, sale or exchange of deliveries of natural gas commence,
a request to extend the sixty-day term of the emergency transportation,
if needed, and a termination report.
Discussion
5. In this Notice of Proposed Rulemaking (NOPR) the Commission is
proposing to amend parts 260 and 284 of its regulations governing
interruptions of natural gas service to wholesale customers involving
certificated facilities (18 CFR 260.9) and the emergency reconstruction
of certificated facilities (18 CFR 284.270).
6. The Commission intends to modernize the filing method and to
assist jurisdictional entities when filing information in response to
the requirements of 18 CFR 260.9 ``Report by natural gas pipeline
companies on service interruptions occurring on the pipeline system''
and 18 CFR subpart I ``Emergency natural gas sale, transportation, and
exchange transactions.'' The Commission will provide for the electronic
submission of data, and will standardize the filing format. In
addition, the Commission proposes to develop an internal tracking
mechanism to provide staff with timely information on the submission of
[[Page 33875]]
reports for service interruptions and emergency natural gas transaction
reports. The latter, as required by 18 CFR 284.270, calls for the
submission of forty-eight hour reports for sales transactions,
transportation, exchanges and the termination reports.
7. The current requirements of 18 CFR 260.9 direct that natural gas
pipeline companies must report to the Commission serious service
interruptions to communities, major Government installations and large
industrial plants outside of communities, or interruptions that the
pipeline considers to be significant. The pipeline must notify the
Commission of the interruption with the following information: (1) The
location of the interruption; (2) the time of the interruption; (3) the
customers affected by the interruption and (4) the emergency actions
taken to maintain the service. The pipeline must also provide the
Commission with a copy of the failure report filed with the Department
of Transportation, and the pipeline must file the interruption report
with the state commissions in the affected states. Natural gas pipeline
companies currently submit this information in hardcopy as well as any
electronic means, including facsimile transmission or telegraph.
8. The information provided for under 18 CFR 284.270 of the
Commission's regulations permits the Commission to determine whether an
emergency gas sale, transportation or exchange qualifies for an
exemption under section 7(c) of the NGA. The information must be filed
within 48 hours after an emergency transaction begins, and within 30
days after termination of the transaction. The filer must also submit a
report with the U.S. Department of Transportation and may use the
telegraph as a medium for transmitting this information.
9. Because the telegraph is an outdated method for submitting this
information, the Commission proposes to require instead the electronic
submission of the information required in both 18 CFR 260.9 and 18 CFR
284.270. For Internet filing provisions, see 18 CFR 385.2003 (c). The
benefits of having this information filed electronically include
efficient delivery of the information, immediate confirmation to the
filer of the Commission's receipt of the information, and almost
immediate access by Commission staff. The electronic submission of
information will reduce the number of data entry errors, permit
Commission staff to conduct analysis in a timely manner, and provide
for the storage of information on optical storage media, thus saving
valuable storage. Electronic reporting will also provide time and
resource savings for all parties by reducing the number of personnel
needed to submit paper filings, particularly since it will eliminate
paper processing and mailing. All parties, including the Commission,
will benefit by having current data and the integrity of the data will
increase because jurisdictional entities and the Commission will be
able to correct the errors more promptly.
10. In Order No. 630 \7\, the Commission issued procedures for
gaining access to CEII, which would not otherwise be made available
under the Freedom of Information Act.\8\ These procedures made in the
aftermath of the September 11, 2001 terrorist attacks, and instituted
to restrict unrestrained access to certain types of information because
of the threat of terrorism, keep sensitive infrastructure information
out of the public domain. By placing restrictions on the use of this
information, the Commission will decrease the likelihood terrorists
could use such information to plan or execute terrorist attacks. The
Commission defines CEII as information about ``existing or proposed
critical infrastructure that: (i) Relates to the production,
generation, transportation, transmission, or distribution of energy;
(ii) could be useful to a person planning an attack on critical
infrastructure; (iii) is exempt from mandatory disclosure under the
Freedom of Information Act; and, (iv) does not simply give the location
of critical infrastructure.'' (18 CFR 388.113 (c)(1)) Critical
infrastructure means ``existing or proposed systems and assets, whether
physical or virtual, the incapacity or destruction of which would
negatively affect security, economic security, public health or safety,
or any combination of these matters.'' (18 CFR 388.113(c)(2)) In
submitting information under both 18 CFR 260.9 and 284.270, pipelines
must provide descriptions of the facilities and their location in order
to describe why there is an interruption of service or the measures
that they are taking to reconstruct the pipeline. If this information
remained publicly available, it could provide those planning or
executing terrorist attacks with an opportunity to take advantage of
vulnerabilities in the energy infrastructure. It is for this reason the
Commission seeks comment on placing the information filed in response
to 18 CFR 260.9 and 18 CFR 284.270 under CEII protection. CEII may be
released to a requester with a legitimate need for the information who
is willing to abide by an appropriate non-disclosure agreement. See 18
CFR 3881.113.
---------------------------------------------------------------------------
\7\ Critical Energy Infrastructure Information, 68 FR 9857
(March 3, 2003), FERC Stats. & Regs. ]31,140 (2003).
\8\ 5 U.S.C. 552. (2000).
---------------------------------------------------------------------------
Information Collection Statement
11. The Office of Management and Budget (OMB) regulations require
OMB to approve certain information collection requirements imposed by
agency rule.\9\ Comments are solicited on the Commission's need for
this information, whether the information will have practical utility,
the accuracy of the provided burden estimates, ways to enhance the
quality, utility and clarity of the information to be collected, and
any suggested methods for minimizing respondents' burden, including the
use of automated information techniques.
---------------------------------------------------------------------------
\9\ 5 CFR 1320.11.
---------------------------------------------------------------------------
12. Estimated Annual Burden
----------------------------------------------------------------------------------------------------------------
Number of
Data collection Number of Number of hours per Total annual
respondents responses response hours
----------------------------------------------------------------------------------------------------------------
FERC-576........................................ 22 1 1 22
FERC-588........................................ 8 1 10 80
-----------------
Totals...................................... .............. .............. .............. 102
----------------------------------------------------------------------------------------------------------------
[[Page 33876]]
Title: Report of Service Interruptions (FERC-576). Emergency
Natural Gas Sale, Transportation & Exchange (FERC-588).
Action: Proposed Collections.
OMB Control Nos. 1902-0004 & 1902-0144.
Respondents: Businesses or other for profit.
Frequency of Responses: On occasion.
Necessity of the Information: The proposed regulations will revise
the reporting requirements for service interruptions and emergency
transactions to streamline the requirements and reduce the burden for
the respondents. The information filed with the Commission informs it
of serious natural gas pipeline service interruptions and also of the
need for emergency reconstruction of natural gas pipelines or the need
to sell, transport or make exchanges due to actual or expected
shortages of gas supply.
Internal Review: The Commission has reviewed the proposed
amendments to its regulations to modify the filing method, standardize
the format and create an internal tracking mechanism for Commission
staff. The revisions to the regulations will provide more effective and
efficient information by providing current data by electronic
submission. This method of filing will reduce data errors and thus
preserve the integrity of the data. The Commission will be able to
conduct further analysis of filed reports in a more timely fashion and
expedite dissemination to Commission staff to ensure a timely response.
The Commission also proposes to change the availability of the
information to the public by classifying it as subject to CEII
protection and seeks comment on this proposal. By invoking this
protection, the Commission seeks to minimize the available information
on vulnerabilities in the energy infrastructure to those persons who
either plan or will execute a terrorist attack. The Commission has
assured itself, by means of internal review, that there is specific,
objective support for the burden estimates associated with the
information collection requirements.
Interested persons may obtain information on the information
requirements by contacting the following: The Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 (Attention:
Michael Miller, Office of the Executive Director, phone (202) 502-8415,
fax: (202) 273-0873, e-mail: michael.miller@ferc.gov).
For submitting comments concerning the collection of information(s)
and the associated burden estimate(s), please send your comments to the
contact listed above and to the Office of Management and Budget, Office
of Information and Regulatory Affairs, Washington, DC 20503,
(Attention: Desk Officer for the Federal Energy Regulatory Commission,
phone: (202) 395-4650, fax: (202) 395-7285).
Environmental Analysis
13. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\10\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\11\ This proposed rule, if
finalized, is procedural in nature and therefore falls under this
exception. Therefore, no environmental consideration would be
necessary.
---------------------------------------------------------------------------
\10\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Preambles 1986-1990 ] 30,783 (1987).
\11\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------
Regulatory Flexibility Act Certification
14. The Regulatory Flexibility Act of 1980 (RFA) \12\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small
entities.\13\ The Commission is not required to make such an analysis
if a rule would not have such an effect.
---------------------------------------------------------------------------
\12\ 5 U.S.C. 601-612 (2000).
\13\ The RFA definition of ``small entity'' refers to the
definition provided in the Small Business Act, which defines a
``small business concern'' as a business which is independently
owned and operated and which is not dominant in its field of
operation. 15 U.S.C. 632 (2000). The Small Business Size Standards
component of the North American Industry Classification System
defines a small pipeline for transportation of natural gas as one
that, including its affiliates, did not have total annual revenues
for the preceding fiscal years exceeding $6.0 million. 13 CFR
121.201 (Sectors 48-49, Sub sector 486, Pipeline Transportation,
North American Industry Classification System, NAICS) ( 2004).
---------------------------------------------------------------------------
15. The Commission does not think that the proposed amendments to
its regulations would have such an impact on small entities. Based on
past experience, most of the pipelines filing either an interruption
service report or an emergency transaction report under the proposed
regulations would be entities that do not meet the RFA's definition of
a small entity. Further, if the proposed regulations are adopted, all
pipelines, including small entities, should benefit through reduced
staffing and processing costs by being able to submit this information
electronically. Therefore, the Commission certifies that this rule will
not have a significant impact on a substantial number of small
entities.
Comment Procedures
16. The Commission invites interested persons to submit comments on
the matters and issues that it proposes to adopt, including any related
matters or alternative proposals that commenters may wish to discuss.
Comments are due July 25, 2005. Comments must refer to Docket No. RM05-
12-000, and must include the commenter's name, the organization they
represent, if applicable, and their address in their comments.
17. Comments may be filed electronically via the eFiling link on
the Commission's Web site at https://www.ferc.gov. The Commission
accepts most standard word processing formats and commentors may attach
additional files with supporting information in certain other file
formats. Commenters filing electronically do not need to make a paper
filing. Commenters that are not able to file comments electronically
must send an original and 14 copies of their comments to: The Federal
Energy Regulatory Commission, Office of the Secretary, 888 First Street
NE., Washington, DC, 20426.
18. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commentors commenting on this
proposal are not required to serve copies of their comments on other
commenters.
Document Availability
19. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (https://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
20. From FERC's Home Page on the Internet, this information is
available in the eLibrary. The full text of this document is available
in the eLibrary both in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number, excluding the last three digits of this document, in
the docket number field.
[[Page 33877]]
21. User assistance is available for eLibrary and the FERC's Web
site during normal business hours. For assistance contact FERC Online
Support at FERCOnlineSupport@ferc.gov or toll-free at (866) 208-3676,
or for TTY, contact (202) 502-8659. E-Mail the Public Reference Room at
public.referenceroom@ferc.gov or 202-502-8371.
List of Subjects
18 CFR Part 260
Statements, Reporting and recordkeeping requirements.
18 CFR Part 284
Natural gas, Reporting and recordkeeping requirements.
By direction of the Commission.
Linda Mitry,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
parts 260 and 284, title 18 of the Code of Federal Regulations, as set
forth below:
PART 260--STATEMENTS AND REPORT (SCHEDULES)
1. The authority citation for part 260 continues to read as
follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
2. Amend Sec. 260.9 by revising paragraphs (b) introductory text
and (e), and by adding a note following paragraph (b)(4) to read as
follows:
Sec. 260.9 Report by natural gas pipeline companies on service
interruptions occurring on the pipeline system.
* * * * *
(b) Reporting requirement. Natural gas pipeline companies must
report such interruptions to service by electronic submission, to the
Commission and the Director, Division of Pipeline Certificates, Office
of Energy Projects, Federal Energy Regulatory Commission, Washington,
DC 20426 (Fax: (202) 502-8625) at the earliest feasible time following
such interruption to service, and must state briefly:
* * * * *
Note to paragraph (b): Submit in electronic format in accordance
with Sec. 385.2003 of this chapter. This report is an electronic file
that is classified as a ``qualified document.'' As a qualified
document, no paper copy version of the filing is required unless there
is a request for privileged and protected treatment or the document is
combined with another document as provided in Sec. 385.2003(c)(3) or
(4).
* * * * *
(e) Copies of the report on interruption of service must be sent
electronically to the State commission in those States where service
has been or might be affected.
PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES
1. The authority citation for part 284 continues to read as
follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.
2. Amend Sec. 284.270 by adding introductory text and by revising
paragraphs (a) introductory text, (b) introductory text, and (c)
introductory text to read as follows:
Sec. 284.270 Reporting requirements.
Each report shall be submitted in electronic format in accordance
with Sec. 385.2003 of this chapter. All reports are electronic files
classified as ``qualified documents.'' As qualified documents, no paper
copy version of the filing is required unless there is a request for
privileged and protected treatment or the document is combined with
another document as provided in Sec. 385.2003(c)(3) or (4).
(a) Forty-eight hour report for sales transactions. Within 48 hours
after deliveries of emergency natural gas commence, the purchasing
participant must notify the Commission electronically of the sale,
stating, in the following sequences:
* * * * *
(b) Forty-eight hour report for transportation (excluding
exchanges). Within 48 hours after deliveries commence in an emergency
natural gas transaction which does not involve the sale of emergency
natural gas, the recipient of the emergency natural gas shall notify
the Commission electronically of the transportation, stating in the
following sequence:
* * * * *
(c) Forty-eight hour report for exchanges. Within 48 hours after an
exchange transaction for emergency natural gas commences, the initial
recipient of the exchange volumes shall notify the Commission
electronically of the exchange, stating in the following sequence:
* * * * *
[FR Doc. 05-11543 Filed 6-9-05; 8:45 am]
BILLING CODE 6717-01-P
