Five-Year Review of Oil Pipeline Pricing Index, 40943-40944 [05-13909]

Download as PDF Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Proposed Rules (ii) Should oil pipelines adopting this option also be required to maintain their complete tariffs on their respective Web sites for the benefit of their customers? How much information, in addition to effective tariffs, should the Web sites include, such as filed but not yet effective tariffs, cancelled, suspended or withdrawn tariffs? Should these Web sites be required to show the dates of status changes, FERC docket numbers and FERC order information? 12. Comments related to the oil pipeline tariff filing approach should be included in comments related to the regulatory text of the July 8 NOPR which are due August 1, 2005. Procedural Schedule 13. Staff presented at the June 1, 2005, Technical Conference an incomplete electronic tariff data base and tariff filing system. The software is being improved to incorporate, where practicable, items and features identified at the conference. Staff will continue to develop the software using the ‘‘spiral development’’ methodology and consult with volunteer test companies. Staff will also continue to be available for additional software discussions or meetings with the industry. Once the changes to the Commission’s software have been completed, a second technical conference will be held within a few months. Comments on the nonregulatory text portion of the proposal are anticipated to be due within 60 days after the conference. A notice will be issued announcing a date for the second technical conference and establishing a comment date. Magalie R. Salas, Secretary. [FR Doc. 05–13908 Filed 7–14–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 342 [Docket No. RM05–22–000] Five-Year Review of Oil Pipeline Pricing Index July 6, 2005. Federal Energy Regulatory Commission, DOE. ACTION: Notice of inquiry. AGENCY: SUMMARY: The Federal Energy Regulatory Commission (Commission) invites comments on its five-year review VerDate jul<14>2003 16:12 Jul 14, 2005 Jkt 205001 of the oil pipeline pricing index, established in Order No. 561, Revisions to Oil Pipeline Regulations Pursuant to the Energy Policy Act of 1992, FERC Stats. & Regs. [Regs. Preambles, 1991– 1996] ¶ 30,985 (1993). Specifically, the Commission proposes to use the Producer Price Index for Finished Goods (PPI) as the index for oil pipeline rate changes in the next five-year period, commencing July 1, 2006. Commentors are invited to submit and justify alternatives to the continued use of the PPI. DATES: Written comments on this Notice of Inquiry are due on September 13, 2005. Reply comments must be received by the Commission 30 days after the filing date for initial comments. ADDRESSES: Comments may be filed electronically via the eFiling link on the Commission’s Web site at http:// www.ferc.gov. Commentors unable to file comments electronically must send an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Office of the Secretary, 888 First Street, NE., Washington, DC 20426. Refer to the Comment Procedures section of the NOI for additional information on how to file comments. FOR FURTHER INFORMATION CONTACT: Harris S. Wood, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. (202) 208–8224. SUPPLEMENTARY INFORMATION: Notice of Inquiry 1. In this notice of inquiry (NOI), the Commission invites comments on its intended utilization of the Producer Price Index for Finished Goods (PPI) 1 for oil pipeline rate changes during the next five years.2 This index was adopted by the Commission in its order of February 23, 2003, ‘‘Five-Year Review of Oil Pricing Index and Order on Remand,’’ and affirmed by the U.S. 1 The PPI represents the Producer Price Index for Finished Goods, also written PPI–FG. The PPI–FG is determined and issued by the Bureau of Labor Statistics, U.S. Department of Labor. Pursuant to 18 CFR 342.3(d)(2), ‘‘The index will be calculated by dividing the PPI–FG for the calendar year immediately preceding the index year by the previous calendar year’s PPI–FG.’’ Multiplying the rate ceiling on June 30 of the index year by the resulting number gives the rate ceiling for the year beginning the next day, July 1. 2 The five-year review process was established in Order No. 561. See Revisions to Oil Pipeline Regulations Pursuant to the Energy Policy Energy Policy Act, FERC Stats. & Regs. [Regs. Preambles, 1991–1996] ¶ 30,985 (1993), 58 FR 58753 (Nov. 4, 1993); order on reh’g, Order No. 561–A, FERC Stats. & Regs. [Regs Preambles, 1991–1996] ¶ 31,000 (1994), 59 FR 40243 (Aug. 8, 1994), affirmed, Association of Oil Pipelines v. FERC, 83 F.3d 1424 (D.C. Cir. 1996). PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 40943 Court of Appeals for the District of Columbia Circuit.3 The Commission proposes to continue to apply PPI to oil pipelines’ rate ceiling levels to derive the next year’s ceiling levels effective July 1, 2006.4 I. Background 2. In Order No. 561, the Commission established an index methodology to regulate changes to oil pipeline rates, and adopted an index of PPI minus one percent (PPI–1) as the most appropriate index to track oil pipeline industry cost changes from one year to the next. The Commission also undertook to review every five years the continued effectiveness of its index for tracking changes to oil pipeline industry costs. 3. After its initial five-year review, the Commission adopted PPI, without the (¥1) percent adjustment, as the appropriate index for tracking oil pipeline industry costs for the five-year period beginning July 2001. This adoption of PPI was affirmed by the U.S. Court of Appeals for the District of Columbia Circuit. II. Proposal and Comments 4. The Commission proposes to continue to utilize PPI for the next fiveyear period as the index to track changes to the costs of the oil pipeline industry and to apply to rate ceiling levels for oil pipeline rate changes. The Commission invites interested persons to submit comments on the continued use of PPI and to propose, justify, and fully support, as an alternative, adjustments to PPI. III. Comment Procedures 5. Comments may be filed on paper or electronically via the eFiling link on the Commission’s Web site at http:// 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. Commentors filing electronically do not need to make a paper filing. Commentors that are not able to file comments electronically must send an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Office of the Secretary, 888 First Street, NE., Washington, DC 20426. 6. All comments will be placed in the Commission’s public files and may be 3 102 FERC ¶ 61,195 (2003), affirmed, Flying J Inc., et al., v. FERC, 363 F.3d 495 (D.C. Cir. 2004). 4 The Commission publishes the final annual change in the PPI–FG, expressed as a percent, after the final PPI–FG becomes available from the Bureau of Labor Statistics, U.S. Department of Labor in May of each calendar year. Pipelines are required to calculate the new ceiling level applicable to their indexed rates based on this annual change. E:\FR\FM\15JYP1.SGM 15JYP1 40944 Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Proposed Rules viewed, printed, or downloaded remotely as described in the Document Availability section below. Commentors are not required to serve copies of their comments on other commentors. IV. Document Availability 7. 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 the Commission’s home page (http:// www.ferc.gov) and in the Commission’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. 8. From the Commission’s home page on the Internet, this information is available in the Commission’s document management system, eLibrary. The full text of this document is available on eLibrary 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) in the docket number field. 9. User assistance is available for eLibrary and the Commission’s website during normal business hours. For assistance, please contact the Commission’s Online Support at 1–866– 208–3676 (toll free) or 202–502–6652 (email at FERCOnlineSupport@ferc.gov) or the Public Reference Room at 202– 502–8371, TTY 202–502–8659 (e-mail at public.referenceroom@ferc.gov). By direction of the Commission. Linda Mitry, Deputy Secretary. [FR Doc. 05–13909 Filed 7–14–05; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD11 05–002] RIN 1625–AA11 Regulated Navigation Area; San Diego Bay, Mission Bay and Their Approaches, California Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to create a Regulated Navigation Area (RNA) within San Diego Bay, Mission Bay, and their approaches out to the 12 nautical mile limit of the territorial sea. VerDate jul<14>2003 16:12 Jul 14, 2005 Jkt 205001 This proposed RNA is necessary to provide the COTP a greater situational awareness of vessels intending to enter San Diego Bay or Mission Bay, allow the COTP to enforce safety and security zones associated with naval vessel movements and exercises, and increase awareness of potential threats to national security assets within the area. This RNA will ensure the safe movement of vessels in the vicinity of San Diego Bay and Mission Bay. DATES: Comments and related material must reach the Coast Guard on or before August 15, 2005. ADDRESSES: You may mail comments and related material to USCG Sector San Diego, 2716 North Harbor Drive, San Diego, CA 92101. Coast Guard Sector San Diego maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at USCG Sector San Diego between 9:30 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Chief, Ports and Waterways Division, USCG Sector San Diego, telephone number 619–638–6495. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD11 05–002), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8 by 11 inches, suitable for copying. If you would like to know that your submission reached us, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to USCG Sector San Diego at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a separate notice in the Federal Register. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 Background and Purpose This rule is one of a number of measures proposed to reduce potential terrorist threats to the Port of San Diego, California. San Diego is the homeport of numerous U.S. naval vessels and facilities. The proposed RNA would increase the safety and security of naval vessels and facilities, commercial vessels, and the public by improving enforcement of safety and security zones by providing greater situational awareness regarding vessel operations in the area. Discussion of Proposed Rule In this NPRM, the Coast Guard proposes a series of procedures to organize the flow and operation of vessels legitimately seeking to enter, leave or navigate within San Diego Bay or Mission Bay. These procedures would apply to vessels of 100 GT or more, including tug and barge combinations of 100 GT or more (combined) intending to enter, leave or navigate within San Diego Bay or Mission Bay. The proposed regulations do not apply to vessels engaged in innocent passage, force majeure or any other entry allowed under principles of international law regardless of their presence in the RNA. Vessels operating AIS in accordance with the AIS carriage requirements of the Maritime Transportation Security Act of 2002 (MTSA) and the International Maritime Organization requirements adopted under International Convention for the Safety of Life at Sea, 1974, (SOLAS) as amended, are also exempt from this regulation. The proposed procedures are as follows. Vessels intending to cross the COLREGS Demarcation Line (denoted 33 CFR 80.1104 or 80.1106) and enter San Diego Bay or Mission Bay as part of normal operations must obtain permission from the COTP or designated representative upon entering into the proposed RNA. Further, vessels of 100 GT or more that have already crossed the COLREGS Demarcation Line and entered San Diego or Mission Bay and intend to depart or move within the RNA must request permission from the COTP or designated representative. The Coast Guard recommends seeking permission 30 minutes prior to anticipated entry into the RNA or movement within the RNA to avoid delays. Upon receiving permission from the COTP or designated representative, the vessel may enter, depart, or move within the RNA and proceed in accordance with directives provided by the COTP or designated representative. E:\FR\FM\15JYP1.SGM 15JYP1

Agencies

[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Proposed Rules]
[Pages 40943-40944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13909]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 342

[Docket No. RM05-22-000]


Five-Year Review of Oil Pipeline Pricing Index

July 6, 2005.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of inquiry.

-----------------------------------------------------------------------

SUMMARY: The Federal Energy Regulatory Commission (Commission) invites 
comments on its five-year review of the oil pipeline pricing index, 
established in Order No. 561, Revisions to Oil Pipeline Regulations 
Pursuant to the Energy Policy Act of 1992, FERC Stats. & Regs. [Regs. 
Preambles, 1991-1996] ] 30,985 (1993). Specifically, the Commission 
proposes to use the Producer Price Index for Finished Goods (PPI) as 
the index for oil pipeline rate changes in the next five-year period, 
commencing July 1, 2006. Commentors are invited to submit and justify 
alternatives to the continued use of the PPI.

DATES: Written comments on this Notice of Inquiry are due on September 
13, 2005. Reply comments must be received by the Commission 30 days 
after the filing date for initial comments.

ADDRESSES: Comments may be filed electronically via the eFiling link on 
the Commission's Web site at http://www.ferc.gov. Commentors unable to 
file comments electronically must send an original and 14 copies of 
their comments to: Federal Energy Regulatory Commission, Office of the 
Secretary, 888 First Street, NE., Washington, DC 20426. Refer to the 
Comment Procedures section of the NOI for additional information on how 
to file comments.

FOR FURTHER INFORMATION CONTACT: Harris S. Wood, Office of the General 
Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426. (202) 208-8224.

SUPPLEMENTARY INFORMATION:

Notice of Inquiry

    1. In this notice of inquiry (NOI), the Commission invites comments 
on its intended utilization of the Producer Price Index for Finished 
Goods (PPI) \1\ for oil pipeline rate changes during the next five 
years.\2\ This index was adopted by the Commission in its order of 
February 23, 2003, ``Five-Year Review of Oil Pricing Index and Order on 
Remand,'' and affirmed by the U.S. Court of Appeals for the District of 
Columbia Circuit.\3\ The Commission proposes to continue to apply PPI 
to oil pipelines' rate ceiling levels to derive the next year's ceiling 
levels effective July 1, 2006.\4\
---------------------------------------------------------------------------

    \1\ The PPI represents the Producer Price Index for Finished 
Goods, also written PPI-FG. The PPI-FG is determined and issued by 
the Bureau of Labor Statistics, U.S. Department of Labor. Pursuant 
to 18 CFR 342.3(d)(2), ``The index will be calculated by dividing 
the PPI-FG for the calendar year immediately preceding the index 
year by the previous calendar year's PPI-FG.'' Multiplying the rate 
ceiling on June 30 of the index year by the resulting number gives 
the rate ceiling for the year beginning the next day, July 1.
    \2\ The five-year review process was established in Order No. 
561. See Revisions to Oil Pipeline Regulations Pursuant to the 
Energy Policy Energy Policy Act, FERC Stats. & Regs. [Regs. 
Preambles, 1991-1996] ] 30,985 (1993), 58 FR 58753 (Nov. 4, 1993); 
order on reh'g, Order No. 561-A, FERC Stats. & Regs. [Regs 
Preambles, 1991-1996] ] 31,000 (1994), 59 FR 40243 (Aug. 8, 1994), 
affirmed, Association of Oil Pipelines v. FERC, 83 F.3d 1424 (D.C. 
Cir. 1996).
    \3\ 102 FERC ] 61,195 (2003), affirmed, Flying J Inc., et al., 
v. FERC, 363 F.3d 495 (D.C. Cir. 2004).
    \4\ The Commission publishes the final annual change in the PPI-
FG, expressed as a percent, after the final PPI-FG becomes available 
from the Bureau of Labor Statistics, U.S. Department of Labor in May 
of each calendar year. Pipelines are required to calculate the new 
ceiling level applicable to their indexed rates based on this annual 
change.
---------------------------------------------------------------------------

I. Background

    2. In Order No. 561, the Commission established an index 
methodology to regulate changes to oil pipeline rates, and adopted an 
index of PPI minus one percent (PPI-1) as the most appropriate index to 
track oil pipeline industry cost changes from one year to the next. The 
Commission also undertook to review every five years the continued 
effectiveness of its index for tracking changes to oil pipeline 
industry costs.
    3. After its initial five-year review, the Commission adopted PPI, 
without the (-1) percent adjustment, as the appropriate index for 
tracking oil pipeline industry costs for the five-year period beginning 
July 2001. This adoption of PPI was affirmed by the U.S. Court of 
Appeals for the District of Columbia Circuit.

II. Proposal and Comments

    4. The Commission proposes to continue to utilize PPI for the next 
five-year period as the index to track changes to the costs of the oil 
pipeline industry and to apply to rate ceiling levels for oil pipeline 
rate changes. The Commission invites interested persons to submit 
comments on the continued use of PPI and to propose, justify, and fully 
support, as an alternative, adjustments to PPI.

III. Comment Procedures

    5. Comments may be filed on paper or electronically via the eFiling 
link on the Commission's Web site at http://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. Commentors filing electronically do not need to 
make a paper filing. Commentors that are not able to file comments 
electronically must send an original and 14 copies of their comments 
to: Federal Energy Regulatory Commission, Office of the Secretary, 888 
First Street, NE., Washington, DC 20426.
    6. All comments will be placed in the Commission's public files and 
may be

[[Page 40944]]

viewed, printed, or downloaded remotely as described in the Document 
Availability section below. Commentors are not required to serve copies 
of their comments on other commentors.

IV. Document Availability

    7. 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 the Commission's home page (http://www.ferc.gov) and 
in the Commission'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.
    8. From the Commission's home page on the Internet, this 
information is available in the Commission's document management 
system, eLibrary. The full text of this document is available on 
eLibrary 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) in the docket number field.
    9. User assistance is available for eLibrary and the Commission's 
website during normal business hours. For assistance, please contact 
the Commission's Online Support at 1-866-208-3676 (toll free) or 202-
502-6652 (e-mail at FERCOnlineSupport@ferc.gov) or the Public Reference 
Room at 202-502-8371, TTY 202-502-8659 (e-mail at 
public.referenceroom@ferc.gov).

    By direction of the Commission.
Linda Mitry,
Deputy Secretary.
[FR Doc. 05-13909 Filed 7-14-05; 8:45 am]
BILLING CODE 6717-01-P