Storage Reporting Requirements of Interstate and Intrastate Natural Gas Companies, 4220-4224 [2012-1612]
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Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 46105.
2. Amend SFAR 106 by revising
sections 2 and 3(a) introductory text to
read as follows:
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
■
Special Federal Aviation Regulation
106—Rules for Use of Portable Oxygen
Concentrator Systems On Board
Aircraft
*
*
*
*
Section 2. Definitions—For the
purposes of this SFAR the following
definitions apply: Portable Oxygen
Concentrator: Means the AirSep
FreeStyle, AirSep LifeStyle, DeVilbiss
Healthcare iGo, Inogen One, Inogen One
G2, Invacare XPO2, Invacare Solo2,
Inova Labs LifeChoice, Oxlife
Independence Oxygen Concentrator,
Oxus, Inc. RS–00400, Respironics
EverGo, and SeQual Eclipse Portable
Oxygen Concentrator medical device
units as long as those medical device
units: (1) Do not contain hazardous
materials as determined by the Pipeline
and Hazardous Materials Safety
Administration; (2) are also regulated by
the Food and Drug Administration; and
(3) assist a user of medical oxygen under
a doctor’s care. These units perform by
separating oxygen from nitrogen and
other gases contained in ambient air and
dispensing it in concentrated form to
the user.
(a) No person may use and no aircraft
operator may allow the use of any
portable oxygen concentrator device,
except the AirSep FreeStyle, AirSep
LifeStyle, DeVilbiss Healthcare iGo,
Inogen One, Inogen One G2, Invacare
XPO2, Invacare Solo2, Inova Labs
LifeChoice, Oxlife Independence
Oxygen Concentrator, Oxus, Inc. RS–
00400, Respironics EverGo, and SeQual
Eclipse Portable Oxygen Concentrator
units. These units may be carried on
and used by a passenger on board an
aircraft provided the aircraft operator
ensures that the following conditions
are satisfied:
*
*
*
*
*
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*
Issued in Washington, DC, on January 20,
2012.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2012–1830 Filed 1–26–12; 8:45 am]
BILLING CODE 4910–13–P
18 CFR Part 284
[Docket No. RM11–4–000; Order No. 757]
Storage Reporting Requirements of
Interstate and Intrastate Natural Gas
Companies
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
AGENCY:
In this Final Rule, the
Commission eliminates the semi-annual
storage reporting requirements for
Interstate and Intrastate Natural Gas
Companies. The Commission finds that
these particular reporting requirements
are largely duplicative with other
reporting requirements.
DATES: Effective Date: This rule will
become effective March 27, 2012.
FOR FURTHER INFORMATION CONTACT:
Vince Mareino (Legal Information),
Office of the General Counsel Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC
20426, (202) 502–6167,
Vince.Mareino@ferc.gov.
Thomas Russo (Technical Information),
Office of Enforcement, Federal Energy
Regulatory Commission, 888 First
Street NE., Washington, DC 20426,
(202) 502–8792,
Thomas.Russo@ferc.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Table Of Contents
Paragraph
No.
I. Background .............................
A. Current Reporting Requirements ..........................
B. NOI and NOPR ..................
C. Comments to the NOPR ....
D. Executive Orders ...............
II. Discussion .............................
III. Regulatory Requirements ....
A. Information Collection
Statement ............................
B. Environmental Analysis ....
C. Regulatory Flexibility Act
D. Document Availability ......
E. Effective Date and Congressional Notification .......
2
2
6
11
12
14
16
16
19
20
21
24
138 FERC ¶ 61,033
Before Commissioners: Jon Wellinghoff,
Chairman; Philip D. Moeller, John R.
Norris, and Cheryl A. LaFleur.
(Issued January 19, 2012)
1. In this Final Rule, the Commission
adopts the proposal in the Notice of
Proposed Rulemaking (NOPR) in this
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docket.1 Effective March 27, 2012, the
Commission eliminates its semi-annual
storage reporting requirements for (1)
interstate natural gas companies subject
to the Commission’s jurisdiction under
the Natural Gas Act (NGA), as codified
in 18 CFR 284.13(e); (2) intrastate
pipelines providing interstate services
pursuant to section 311 of the Natural
Gas Policy Act of 1978 (NGPA),2 as
codified in 18 CFR 284.126(c); and (3)
Hinshaw 3 pipelines providing interstate
services subject to the Commission’s
NGA jurisdiction pursuant to blanket
certificates issued under section 284.224
of the Commission’s regulations, as also
codified in 18 CFR 284.126(c). All of the
parties who filed comments in response
to the NOPR stated that they support
this course of action. The Commission
found in the NOPR that these particular
reporting requirements are largely
duplicative with other reporting
requirements.
I. Background
A. Current Reporting Requirements
2. Currently, section 284.13(e) of the
Commission’s regulations requires
interstate pipelines to file semi-annual
storage reports at the end of each
complete storage injection and
withdrawal season. Section 284.126(c)
requires similar semi-annual reports by
section 311 and Hinshaw pipelines
providing interstate storage service.
Pipelines must file these reports within
30 days of the end of each complete
storage injection and withdrawal
season, and the reports must be signed
under oath by a senior official. The
reports by the two sets of pipelines must
include:
(1) the identity of each customer injecting
gas into storage and/or withdrawing gas from
storage (including, for interstate pipelines,
any affiliate relationship),
(2) the rate schedule (for interstate
pipelines) or docket number (for intrastate
pipelines) authorizing the storage injection or
withdrawal service,
1 Storage Reporting Requirements of Interstate
and Intrastate Natural Gas Companies, Notice of
Proposed Rulemaking, 76 FR 58741 (2011) FERC
Stats. & Regs ¶ 32.678 (NOPR).
2 15 U.S.C. 3372.
3 Section 1(c) of the NGA exempts from the
Commission’s NGA jurisdiction pipelines which
transport gas in interstate commerce if (1) they
receive natural gas at or within the boundary of a
state, (2) all the gas is consumed within that state,
and (3) the pipeline is regulated by a state
Commission. This exemption is referred to as the
Hinshaw exemption after the Congressman who
introduced the bill amending the NGA to include
§ 1(c). See ANR Pipeline Co. v. Federal Energy
Regulatory Comm’n, 71 F.3d 897, 898 (1995)
(briefly summarizing the history of the Hinshaw
exemption).
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(3) the maximum storage quantity and
maximum daily withdrawal quantity
applicable to each storage customer,
(4) for each storage customer, the volume
of gas (in dekatherms) injected into and/or
withdrawn from storage during the period,
(5) the unit charge and total revenues
received during the injection/withdrawal
period from each storage customer
(including, for interstate pipelines, any
discounts), and
(6) for intrastate pipelines, any related
docket numbers under which the intrastate
pipeline reported storage related injection/
withdrawal transportation services.
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3. The Commission adopted the
existing semi-annual storage reporting
requirements for both interstate and
intrastate pipelines in 1992 as part of
Order No. 636,4 and there have been
only minor modifications in the semiannual storage reporting requirements
since that date.5 However, the
Commission has added other reporting
requirements for both sets of pipelines,
which include much of the same
information as is included in the semiannual storage reports.
4. First, in 2000, the Commission
issued Order No. 637,6 revising the
reporting requirements for interstate
pipelines in order to require them to
post on their Internet Web sites basic
information on the terms of each
transportation and storage contract with
individual shippers, no later than the
first nomination under a transaction.7
4 Pipeline Service Obligations and Revisions to
Regulations Governing Self-Implementing
Transportation; and Regulation of Natural Gas
Pipelines After Partial Wellhead Decontrol, Order
No. 636, FERC Stats. & Regs. ¶ 30,939, order on
reh’g, Order No. 636–A, FERC Stats. & Regs.
¶ 30,950, order on reh’g, Order No. 636–B, 61 FERC
¶ 61,272 (1992), order on reh’g, 62 FERC ¶ 61,007
(1993), aff’d in part and remanded in part sub nom.
United Distribution Cos. v. FERC, 88 F.3d 1105 (DC
Cir. 1996), order on remand, Order No. 636–C, 78
FERC ¶ 61,186 (1997).
5 In 1995 in Order No. 581, the Commission held
that it would ‘‘retain the semi-annual storage
reports,’’ and ‘‘not exempt intrastate storage
companies charging market-based rates from the
requirement to file semi-annual storage reports,’’
and made minor changes to the regulatory text.
Revisions to Uniform System of Accounts, Forms,
Statements, and Reporting Requirements for
Natural Gas Companies, Order No. 581, 60 FR
53019, 53049–51, FERC Stats. & Regs. ¶ 31,026
(1995), order on reh’g, Order No. 581–A, FERC
Stats. & Regs. ¶ 31,032 (1996).
6 Regulation of Short-Term Natural Gas
Transportation Services and Regulation of
Interstate Natural Gas Transportation Services,
Order No. 637, FERC Stats. & Regs. ¶ 31,091,
clarified, Order No. 637–A, FERC Stats. & Regs.
¶ 31,099, reh’g denied, Order No. 637–B, 92 FERC
¶ 61,062 (2000), aff’d in part and remanded in part
sub nom. Interstate Natural Gas Ass’n of America
v. FERC, 285 F.3d 18 (DC Cir. 2002), order on
remand, 101 FERC ¶ 61,127 (2002), order on reh’g,
106 FERC ¶ 61,088 (2004), aff’d sub nom. American
Gas Ass’n v. FERC, 428 F.3d 255 (DC Cir. 2005).
7 The information to be posted includes the name
of the shipper, the contract number (for firm
service), the rate charged, the maximum rate, the
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These posting requirements are set forth
in section 284.13(b) of the Commission’s
regulations.8 That section requires
interstate pipelines to make daily
postings of the same types of
information about both firm and
interruptible storage transactions as is
contained in the interstate pipelines’
semi-annual storage reports, except for
(1) the amount of gas injected and
withdrawn from storage by each
individual customer, (2) storage
revenues from each individual
customer, and (3) the rate schedule
authorizing the injection or withdrawal
service.9 Order No. 637 also retained the
existing requirement that interstate
pipelines post an index of their firm
customers each quarter and expanded
the information that must be included
in that index.10 Among other things,
that index must include the rate
schedule under which service under
each firm contract is provided.
However, Order No. 637 did not
significantly modify the semi-annual
storage reporting requirement for
interstate pipelines.11
5. Order No. 637 did not modify any
of the reporting requirements for section
311 and Hinshaw pipelines. However,
in 2010, the Commission issued Order
No. 735 to bring the transactional
reporting requirements for section 311
pipelines and Hinshaw pipelines closer
in line with the 18 CFR 284.13(b)
posting requirements for interstate
pipelines.12 As amended by Order Nos.
735 and 735–A, section 284.126(b)
requires that section 311 and Hinshaw
pipelines file quarterly reports of their
transportation and storage transactions
in a standardized electronic format, and
it requires that those reports be public.
The revised quarterly reports require
section 311 and Hinshaw pipelines to
duration (for firm service), the receipt and delivery
points and zones covered, the quantity of natural
gas covered, any special terms or details (such as
any deviations from the tariff), and whether any
affiliate relationship exists.
8 18 CFR 284.13(b).
9 Because the semi-annual reporting periods are
tied to the injection and withdrawal season, the
time periods covered by that report do not
correspond with the time periods covered by the
interstate pipelines’ reports.
10 Order No. 637 moved the index of customers
requirement from § 284.106(c) to § 284.13(c).
11 Order No. 637 moved the interstate semiannual storage reporting requirement from
§ 284.106(b) to § 284.13(e), and eliminated the
requirement that interstate pipelines identify in
their semi-annual storage reports any related docket
numbers under which the interstate pipeline
reported storage-related injection/withdrawal
transportation services.
12 Contract Reporting Requirements of Intrastate
Natural Gas Companies, Order No. 735, 75 FR
29404, FERC Stats. & Regs. ¶ 31,310, 131 FERC
¶ 61,150, order on reh’g, Order No. 735–A, 75 FR
80685, 133 FERC ¶ 61,216 (2010).
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report the same types of information
about firm and interruptible storage
transactions as is contained in their
semi-annual storage reports, except for
storage revenues from each individual
storage customer. In addition, because
the semi-annual reporting periods are
tied to the injection and withdrawal
season, the time periods covered by
each report do not correspond precisely.
Order No. 735 did not modify the
existing semi-annual storage reporting
requirement for section 311 and
Hinshaw pipelines in section 284.126(c)
of the Commission’s regulations in any
way.
B. NOI and NOPR
6. In December 2010, the Commission
issued a Notice of Inquiry (NOI) to
consider whether and how the semiannual storage reports required of both
interstate and intrastate pipelines
should be modified.13 After analyzing
the comments in response to the NOI,
the Commission issued a NOPR in
September 2011, proposing to eliminate
the semi-annual storage reports.
7. In the NOPR, the Commission
found that the semi-annual storage
reports are now largely duplicative with
other reporting requirements, which
gather the same or similar information,
but present it to the public in a more
standardized and accessible form. For
interstate pipelines, the Commission
found that the semi-annual storage
reports overlap with the section
284.13(b) daily transactional posting
requirements established in Order No.
637,14 described above.15 The
Commission stated that, as Order No.
637 found, the information included in
the interstate pipelines’ daily postings
of both transportation and storage
contracts ‘‘provides price transparency
so shippers can make informed
purchasing decisions, and also permits
13 Storage Reporting Requirements of Interstate
and Intrastate Natural Gas Companies, Notice of
Inquiry, 75 FR 80758 FERC Stats. & Regs. ¶ 35,568
(2010) (NOI).
14 Regulation of Short-Term Natural Gas
Transportation Services and Regulation of
Interstate Natural Gas Transportation Services,
Order No. 637, FERC Stats. & Regs. ¶ 31,091,
clarified, Order No. 637–A, FERC Stats. & Regs.
¶ 31,099, reh’g denied, Order No. 637–B, 92 FERC
¶ 61,062 (2000), aff’d in part and remanded in part
sub nom. Interstate Natural Gas Ass’n of America
v. FERC, 285 F.3d 18 (DC Cir. 2002), order on
remand, 101 FERC ¶ 61,127 (2002), order on reh’g,
106 FERC ¶ 61,088 (2004), aff’d sub nom. American
Gas Ass’n v. FERC, 428 F.3d 255 (DC Cir. 2005).
15 The information to be posted includes the
name of the shipper, the contract number (for firm
service), the rate charged, the maximum rate, the
duration (for firm service), the receipt and delivery
points and zones covered, the quantity of natural
gas covered, any special terms or details (such as
any deviations from the tariff), and whether any
affiliate relationship exists.
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both shippers and the Commission to
monitor actual transactions for evidence
of the possible abuse of market
power.’’ 16 Accordingly, the NOPR
found that there appeared to be no need
to require interstate pipelines to
continue filing an additional semiannual report of their storage
transactions containing much the same
information Order No. 637 requires
them to post on a daily basis to
accomplish the goal of price
transparency.
8. The NOPR recognized that the
semi-annual storage reports do provide
certain information that is not provided
by the interstate pipelines’ daily Web
site postings, concerning the volume of
gas each customer injects into and/or
withdraws from storage and the total
revenues received from each storage
customer. However, the Commission
found that the primary value of
information about injections and
withdrawals from storage is to permit
shippers to monitor the availability of
storage capacity and whether shippers
or the pipeline are withholding storage
capacity.17 Section 284.13(d) requires
interstate pipelines to provide on their
Web sites ‘‘equal and timely access to
information relevant to the availability
of all transportation services whenever
capacity is scheduled, including * * *
in storage fields, whether the capacity is
available directly from the pipeline or
through capacity release.’’ 18 The NOPR
stated that, while these postings do not
provide individual shipper injection
and withdrawal information, they
appear more useful to shippers because
they provide information about the
availability of capacity at the time
shippers are seeking to schedule
capacity. By contrast, the semi-annual
storage reports are not filed until up to
30 days after the completion of each
injection and withdrawal season. The
NOPR also found that, while the section
284.13(b) daily postings do not require
interstate storage providers to post the
revenues collected from each customer,
that section does require such storage
providers to post the per-unit rates they
charge to each customer, thus enabling
shippers to monitor the storage
provider’s actions for potentially
discriminatory practices.
16 Order No. 637, FERC Stats. & Regs. ¶ 31,091 at
31,320.
17 See Order No. 637, FERC Stats. & Regs.
¶ 31,091 at 31,320.
18 In addition, the Energy Information
Administration publishes weekly underground
storage data, including base gas, working gas in
storage, and injection and withdrawal volumes by
storage facility type and region. Available at
https://www.eia.gov/naturalgas/data.cfm#storage.
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9. For section 311 and Hinshaw
pipelines, the NOPR found, the semiannual storage reports substantially
overlap with the amended section
284.126(b) quarterly reporting
requirement established in Order No.
735, described above.19 The NOPR
recognized that, unlike the semi-annual
storage reports, the section 284.126(b)
quarterly reports do not require section
311 and Hinshaw pipelines to report
per-customer storage revenues.
However, the Commission found that
the pipelines commenting in this
proceeding had provided detailed
arguments that providing the public
with individual customer storage
revenue is burdensome, while
proponents of collecting this
information had not provided any
convincing reason why the Commission
should continue to require all section
311 and Hinshaw pipelines to provide
this information in periodic reports.
10. The Commission concluded that,
to the extent the semi-annual storage
reports do include information not
reported elsewhere, the burden of
requiring pipelines to report that
information appears to outweigh any
benefits to the Commission or the public
of requiring such information to
continue to be reported on a regular
basis. However, if such information is
needed in a particular case, the
Commission retains the ability to seek
such information through a data request
to the pipeline in question.
C. Comments to the NOPR
11. Eleven companies and
associations, listed in the Appendix to
this order, filed comments in response
to the NOPR. Every comment supported
the proposal. While two parties had
filed comments on the NOI opposing
elimination of the semi-annual storage
reports,20 to which the Commission
responded in the NOPR, neither of these
parties filed comments on the NOPR.
Several commenters on the NOPR urged
the Commission to act as soon as
possible in order to eliminate the
reporting requirement before the next
round of reports are due on April 30,
2012. Spectra 21 also recommended that
the Commission review other
regulations for possible redundancies,
19 Contract Reporting Requirements of Intrastate
Natural Gas Companies, Order No. 735, 75 FR
29404, FERC Stats. & Regs. ¶ 31,310, order on reh’g,
Order No. 735–A, 75 FR 80685, FERC Stats. & Regs.
¶ 31,318 (2010) (errata issued June 24, 2011).
20 The American Public Gas Association and the
Independent Oil and Gas Association of West
Virginia.
21 Spectra Energy Transmission, LLC and Spectra
Energy Partners, LP file jointly on behalf of
themselves and their subsidiaries, which operate
numerous natural gas storage facilities.
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but did not suggest any specific
regulations for review.
D. Executive Orders
12. On January 18, 2011, President
Obama issued an executive order 22 and
a presidential memorandum on
regulatory flexibility, small business,
and job creation.23 The Commission, as
an independent agency, is not subject to
requirements of those presidential
documents. Nonetheless, Chairman
Wellinghoff directed Commission staff
to perform an internal assessment of the
effectiveness of Commission
regulations. Subsequently, on July 11,
2011, the President issued an executive
order asking independent regulatory
agencies such as the Commission to take
steps to reassess and streamline existing
regulations.24 On November 8, 2011, the
Commission issued its plan for
retrospective analysis of existing rules,
setting forth the schedule for complying
with the executive orders.25
13. The Commission continually
seeks to streamline its regulations in
order to foster competitive markets,
facilitate enhanced competition, and
avoid imposing undue burdens on
regulated entities or unnecessary costs
on those entities or their customers. In
analyzing the comments received in
response to the NOI and NOPR, the
Commission considered the goals of
those executive orders. In this Final
Rule, the Commission is seeking to
streamline our natural gas pipeline
reporting requirements, as part of our
continuing efforts to ensure Commission
regulations are effective, timely, and up
to date.
II. Discussion
14. In this Final Rule, the Commission
eliminates the semi-annual storage
reporting requirements both for
interstate pipelines and for section 311
and Hinshaw pipelines that are
currently codified in 18 CFR 284.13(e)
and 18 CFR 284.126(c), respectively. All
of the parties who filed comments in
response to the NOPR stated that they
support this course of action. As
detailed in the above section, the NOPR
found that these reports are largely
duplicative of other reporting
requirements. For the limited amount of
information not reported elsewhere, the
22 Improving Regulation and Regulatory Review,
Exec. Order 13563, 76 FR 3821 (Jan. 21, 2011).
23 Regulatory Flexibility, Small Business, and Job
Creation, Presidential Memorandum, 76 FR 3827
(Jan. 21, 2011).
24 Regulation and Independent Regulatory
Agencies, Exec. Order 13579, 76 FR 41587 (2011).
25 Plan for Retrospective Analysis of Existing
Rules, Docket No. AD12–6–000, 76 FR 70913
(2011).
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NOPR found that the burden of
requiring pipelines to report outweighs
any benefits to the Commission or the
public of requiring such information to
be reported on a regular basis. All the
commenters on the NOPR support that
conclusion. If any information that is no
longer collected as a result of the
elimination of the semi-annual storage
reports is needed in a particular case,
the Commission retains the ability to
seek such information through a data
request to the pipeline in question.
15. Accordingly, the Commission
finds that elimination of the semi-
annual storage reports will help
streamline our natural gas reporting
requirements and avoid imposing
unnecessary burdens on regulated
pipelines, without adversely affecting
the ability of the Commission and
shippers to monitor storage transactions
for evidence of the possible abuse of
market power.
III. Regulatory Requirements
A. Information Collection Statement
16. The Office of Management and
Budget (OMB) regulations require that
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OMB approve certain reporting,
recordkeeping, and public disclosure
requirements (collections of
information) imposed by an agency.26
Therefore, the Commission is providing
notice of its elimination of the
information collections. This rule will
be submitted to OMB for review in
accordance with the Paperwork
Reduction Act of 1995.27
17. The Commission shall eliminate
two reporting requirements and remove
the burden of those requirements from
jurisdictional entities.
Information Collections:
Part of OMB
Control No.
Number of
respondents
Filings per
respondent
per year
Burden hours
per filing
Annual burden
hours per
respondent
Total annual
burden hours
eliminated
(a)
Information collection (or part of)
eliminated
(b)
(c)
(b × c)
(a × b × c)
FERC–549 requirements in 18 CFR
284.13(e) ..............................................
FERC–537 requirements in 18 CFR
284.126(c) ............................................
1902–0086
155
2
12
24
3720
1902–0060
50
2
27
54
2700
Grand Total .......................................
........................
205
........................
........................
........................
6420
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The elimination of the semi-annual
storage reports will save industry an
estimated $394,731 annually (for the
6,420 burden hours).28
Title: Semi-annual storage reporting
requirements for Interstate and
Intrastate Natural Gas Companies
(currently codified in 18 CFR 284.13(e)
[component of FERC–549, OMB Control
No. 1902–0086] and 18 CFR 284.126(c)
[component of FERC–537, OMB Control
No. 1902–0060]).
Respondents: Interstate and Intrastate
Natural Gas Companies.
Internal review: The Commission has
reviewed the semi-annual storage
reporting requirements for Interstate and
Intrastate Natural Gas Companies that
are currently codified in 18 CFR
284.13(e) and 18 CFR 284.126(c). The
Commission has determined that the
reports are largely duplicative of other
reporting requirements.
18. Interested persons may obtain
information on the reporting
requirements being eliminated by
contacting: Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426 [Attention: Ellen
Brown, Office of the Executive Director,
email: DataClearance@ferc.gov, Phone:
26 5
CFR 1320.
U.S.C. 3507(d).
28 The cost estimate is based on a work year of
2,080 hours and includes salary and benefits. For
FERC–549, an estimate of $58 per hour is used. For
FERC–537, $137,874 per work year is used.
29 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
27 44
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(202) 502–8663, fax: (202) 273–0873].
Comments on the requirements being
deleted in this rule may also be sent to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Washington, DC 20503
[Attention: Desk Officer for the Federal
Energy Regulatory Commission]. For
security reasons, comments should be
sent by email to OMB at
oira_submission@omb.eop.gov. Please
reference OMB Control Nos. 1902–0086
(FERC–549) and 1902–0060 (FERC–537)
in your submission.
and transportation of natural gas that
requires no construction of facilities.31
Therefore an environmental review is
unnecessary and has not been prepared
in this rulemaking.
C. Regulatory Flexibility Act
B. Environmental Analysis
19. 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.29 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.30 The actions taken here
fall within categorical exclusions in the
Commission’s regulations for rules that
are corrective, clarifying, or procedural,
for information gathering, analysis, and
dissemination, and for sales, exchange,
20. The Regulatory Flexibility Act of
1980 (RFA) 32 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities. Most of the natural gas
companies regulated by the Commission
do not fall within the RFA’s definition
of a small entity.33 Any economic
impact from the rulemaking would be
due to the elimination of unnecessary
filing burdens and costs on small and
large entities. Accordingly, the
Commission certifies that this rule will
not have a significant impact on a
substantial number of small entities.
D. Document Availability
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.,
Preambles 1986–1990 ¶ 30,783 (1987).
30 18 CFR 380.4.
31 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), and
380.4(a)(27).
32 5 U.S.C. 601–612.
33 See 5 U.S.C. 601(3) (citing section 3 of the
Small Business Act, 15 U.S.C. 623, which defines
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
21. In addition to publishing the full
text of this document, except for the
Appendix, in the Federal Register, the
Commission provides all interested
persons an opportunity to view and/or
print the contents of this document via
a ‘‘small business concern’’ as a business which is
independently owned and operated and which is
not dominant in its field of operation. The Small
Business Size Standards component of the North
American Industry Classification System defines a
small natural gas pipeline company as one that
transports natural gas and whose annual receipts
(total income plus cost of goods sold) did not
exceed $7 million for the previous year).
E:\FR\FM\27JAR1.SGM
27JAR1
4224
Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations
the Internet through the Commission’s
Home Page (https://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.
22. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document, including the Appendix,
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 of this document in the docket
number field.
23. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1-866–208–3676)
or e-mail at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. E-mail
the Public Reference Room at
public.referenceroom@ferc.gov.
Title 18, Code of Federal Regulations, as
follows.
E. Effective Date and Congressional
Notification
24. These regulations are effective
March 27, 2012. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. The rule is being
submitted to the Senate, House,
Government Accountability Office, and
the Small Business Administration.
PART 284—CERTAIN SALES AND
TRANSPORTATION OF NATURAL GAS
UNDER THE NATURAL GAS POLICY
ACT OF 1978 AND RELATED
AUTHORITIES
List of Subjects in 18 CFR Part 284
Continental shelf, Natural gas,
Reporting and recordkeeping
requirements.
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
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.
§ 284.13
[Amended]
2. Section 284.13 is amended as
follows:
■ a. Paragraph (e) is removed.
■ b. Paragraph (f) is redesignated as
paragraph (e).
■
§ 284.126
[Amended]
3. Section 284.126 is amended by
removing paragraph (c).
■
In consideration of the foregoing, the
Commission amends Part 284, Chapter I,
Appendix
LIST OF COMMENTERS AND ABBREVIATIONS
Commenter
Abbreviation
American Gas Association ...............................................................................................................................................................
Cranberry Pipeline Corporation ........................................................................................................................................................
Enogex LLC ......................................................................................................................................................................................
Enstor Operating Company, LLC .....................................................................................................................................................
Interstate Natural Gas Association of America ................................................................................................................................
Jefferson Island Storage & Hub, LLC ..............................................................................................................................................
Niska Gas Storage LLC ....................................................................................................................................................................
Northern Natural Gas Company .......................................................................................................................................................
Spectra Energy Transmission, LLC & Spectra Energy Partners, LP ..............................................................................................
Texas Pipeline Association ...............................................................................................................................................................
Williston Basin Interstate Pipeline Company ....................................................................................................................................
AGA.
Cranberry.
Enogex.
Enstor.
INGAA.
Jefferson.
Niska.
Northern.
Spectra.
TPA.
Williston Basin.
[FR Doc. 2012–1612 Filed 1–26–12; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 510
[Docket No. FDA–2011–N–0003]
pmangrum on DSK3VPTVN1PROD with RULES
New Animal Drugs; Change of
Sponsor’s Name
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect a
change of sponsor’s name from
SUMMARY:
VerDate Mar<15>2010
15:16 Jan 26, 2012
Jkt 226001
Nycomed US, Inc., to Fougera
Pharmaceuticals, Inc.
DATES: This rule is effective January 27,
2012.
FOR FURTHER INFORMATION CONTACT:
Steven D. Vaughn, Center for Veterinary
Medicine (HFV–100), Food and Drug
Administration, 7520 Standish Pl.,
Rockville, MD 20855, (240) 276–8300,
email: steven.vaughn@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Nycomed
US, Inc., 60 Baylis Rd., Melville, NY
11747 has informed FDA of a change of
name to Fougera Pharmaceuticals, Inc.
Accordingly, the Agency is amending
the regulations in 21 CFR 510.600(c) to
reflect these changes.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
List of Subjects in 21 CFR Part 510
Administrative practice and
procedure, Animal drugs, Labeling,
Reporting and recordkeeping
requirements.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 510 is amended as follows:
PART 510—NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 510 continues to read as follows:
■
Authority: 21 U.S.C. 321, 331, 351, 352,
353, 360b, 371, 379e.
2. In § 510.600, in the table in
paragraph (c)(1), remove the entry for
‘‘Nycomed US, Inc.’’; alphabetically add
a new entry for ‘‘Fougera
Pharmaceuticals, Inc.’’; and in the table
■
E:\FR\FM\27JAR1.SGM
27JAR1
]]>Agencies
[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Rules and Regulations]
[Pages 4220-4224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1612]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 284
[Docket No. RM11-4-000; Order No. 757]
Storage Reporting Requirements of Interstate and Intrastate
Natural Gas Companies
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this Final Rule, the Commission eliminates the semi-annual
storage reporting requirements for Interstate and Intrastate Natural
Gas Companies. The Commission finds that these particular reporting
requirements are largely duplicative with other reporting requirements.
DATES: Effective Date: This rule will become effective March 27, 2012.
FOR FURTHER INFORMATION CONTACT:
Vince Mareino (Legal Information), Office of the General Counsel
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, (202) 502-6167, Vince.Mareino@ferc.gov.
Thomas Russo (Technical Information), Office of Enforcement, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426, (202) 502-8792, Thomas.Russo@ferc.gov.
SUPPLEMENTARY INFORMATION:
Table Of Contents
Paragraph
No.
I. Background............................................... 2
A. Current Reporting Requirements......................... 2
B. NOI and NOPR........................................... 6
C. Comments to the NOPR................................... 11
D. Executive Orders....................................... 12
II. Discussion.............................................. 14
III. Regulatory Requirements................................ 16
A. Information Collection Statement....................... 16
B. Environmental Analysis................................. 19
C. Regulatory Flexibility Act............................. 20
D. Document Availability.................................. 21
E. Effective Date and Congressional Notification.......... 24
138 FERC ] 61,033
Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller,
John R. Norris, and Cheryl A. LaFleur.
(Issued January 19, 2012)
1. In this Final Rule, the Commission adopts the proposal in the
Notice of Proposed Rulemaking (NOPR) in this docket.\1\ Effective March
27, 2012, the Commission eliminates its semi-annual storage reporting
requirements for (1) interstate natural gas companies subject to the
Commission's jurisdiction under the Natural Gas Act (NGA), as codified
in 18 CFR 284.13(e); (2) intrastate pipelines providing interstate
services pursuant to section 311 of the Natural Gas Policy Act of 1978
(NGPA),\2\ as codified in 18 CFR 284.126(c); and (3) Hinshaw \3\
pipelines providing interstate services subject to the Commission's NGA
jurisdiction pursuant to blanket certificates issued under section
284.224 of the Commission's regulations, as also codified in 18 CFR
284.126(c). All of the parties who filed comments in response to the
NOPR stated that they support this course of action. The Commission
found in the NOPR that these particular reporting requirements are
largely duplicative with other reporting requirements.
---------------------------------------------------------------------------
\1\ Storage Reporting Requirements of Interstate and Intrastate
Natural Gas Companies, Notice of Proposed Rulemaking, 76 FR 58741
(2011) FERC Stats. & Regs ] 32.678 (NOPR).
\2\ 15 U.S.C. 3372.
\3\ Section 1(c) of the NGA exempts from the Commission's NGA
jurisdiction pipelines which transport gas in interstate commerce if
(1) they receive natural gas at or within the boundary of a state,
(2) all the gas is consumed within that state, and (3) the pipeline
is regulated by a state Commission. This exemption is referred to as
the Hinshaw exemption after the Congressman who introduced the bill
amending the NGA to include Sec. 1(c). See ANR Pipeline Co. v.
Federal Energy Regulatory Comm'n, 71 F.3d 897, 898 (1995) (briefly
summarizing the history of the Hinshaw exemption).
---------------------------------------------------------------------------
I. Background
A. Current Reporting Requirements
2. Currently, section 284.13(e) of the Commission's regulations
requires interstate pipelines to file semi-annual storage reports at
the end of each complete storage injection and withdrawal season.
Section 284.126(c) requires similar semi-annual reports by section 311
and Hinshaw pipelines providing interstate storage service. Pipelines
must file these reports within 30 days of the end of each complete
storage injection and withdrawal season, and the reports must be signed
under oath by a senior official. The reports by the two sets of
pipelines must include:
(1) the identity of each customer injecting gas into storage
and/or withdrawing gas from storage (including, for interstate
pipelines, any affiliate relationship),
(2) the rate schedule (for interstate pipelines) or docket
number (for intrastate pipelines) authorizing the storage injection
or withdrawal service,
[[Page 4221]]
(3) the maximum storage quantity and maximum daily withdrawal
quantity applicable to each storage customer,
(4) for each storage customer, the volume of gas (in dekatherms)
injected into and/or withdrawn from storage during the period,
(5) the unit charge and total revenues received during the
injection/withdrawal period from each storage customer (including,
for interstate pipelines, any discounts), and
(6) for intrastate pipelines, any related docket numbers under
which the intrastate pipeline reported storage related injection/
withdrawal transportation services.
3. The Commission adopted the existing semi-annual storage
reporting requirements for both interstate and intrastate pipelines in
1992 as part of Order No. 636,\4\ and there have been only minor
modifications in the semi-annual storage reporting requirements since
that date.\5\ However, the Commission has added other reporting
requirements for both sets of pipelines, which include much of the same
information as is included in the semi-annual storage reports.
---------------------------------------------------------------------------
\4\ Pipeline Service Obligations and Revisions to Regulations
Governing Self-Implementing Transportation; and Regulation of
Natural Gas Pipelines After Partial Wellhead Decontrol, Order No.
636, FERC Stats. & Regs. ] 30,939, order on reh'g, Order No. 636-A,
FERC Stats. & Regs. ] 30,950, order on reh'g, Order No. 636-B, 61
FERC ] 61,272 (1992), order on reh'g, 62 FERC ] 61,007 (1993), aff'd
in part and remanded in part sub nom. United Distribution Cos. v.
FERC, 88 F.3d 1105 (DC Cir. 1996), order on remand, Order No. 636-C,
78 FERC ] 61,186 (1997).
\5\ In 1995 in Order No. 581, the Commission held that it would
``retain the semi-annual storage reports,'' and ``not exempt
intrastate storage companies charging market-based rates from the
requirement to file semi-annual storage reports,'' and made minor
changes to the regulatory text. Revisions to Uniform System of
Accounts, Forms, Statements, and Reporting Requirements for Natural
Gas Companies, Order No. 581, 60 FR 53019, 53049-51, FERC Stats. &
Regs. ] 31,026 (1995), order on reh'g, Order No. 581-A, FERC Stats.
& Regs. ] 31,032 (1996).
---------------------------------------------------------------------------
4. First, in 2000, the Commission issued Order No. 637,\6\ revising
the reporting requirements for interstate pipelines in order to require
them to post on their Internet Web sites basic information on the terms
of each transportation and storage contract with individual shippers,
no later than the first nomination under a transaction.\7\ These
posting requirements are set forth in section 284.13(b) of the
Commission's regulations.\8\ That section requires interstate pipelines
to make daily postings of the same types of information about both firm
and interruptible storage transactions as is contained in the
interstate pipelines' semi-annual storage reports, except for (1) the
amount of gas injected and withdrawn from storage by each individual
customer, (2) storage revenues from each individual customer, and (3)
the rate schedule authorizing the injection or withdrawal service.\9\
Order No. 637 also retained the existing requirement that interstate
pipelines post an index of their firm customers each quarter and
expanded the information that must be included in that index.\10\ Among
other things, that index must include the rate schedule under which
service under each firm contract is provided. However, Order No. 637
did not significantly modify the semi-annual storage reporting
requirement for interstate pipelines.\11\
---------------------------------------------------------------------------
\6\ Regulation of Short-Term Natural Gas Transportation Services
and Regulation of Interstate Natural Gas Transportation Services,
Order No. 637, FERC Stats. & Regs. ] 31,091, clarified, Order No.
637-A, FERC Stats. & Regs. ] 31,099, reh'g denied, Order No. 637-B,
92 FERC ] 61,062 (2000), aff'd in part and remanded in part sub nom.
Interstate Natural Gas Ass'n of America v. FERC, 285 F.3d 18 (DC
Cir. 2002), order on remand, 101 FERC ] 61,127 (2002), order on
reh'g, 106 FERC ] 61,088 (2004), aff'd sub nom. American Gas Ass'n
v. FERC, 428 F.3d 255 (DC Cir. 2005).
\7\ The information to be posted includes the name of the
shipper, the contract number (for firm service), the rate charged,
the maximum rate, the duration (for firm service), the receipt and
delivery points and zones covered, the quantity of natural gas
covered, any special terms or details (such as any deviations from
the tariff), and whether any affiliate relationship exists.
\8\ 18 CFR 284.13(b).
\9\ Because the semi-annual reporting periods are tied to the
injection and withdrawal season, the time periods covered by that
report do not correspond with the time periods covered by the
interstate pipelines' reports.
\10\ Order No. 637 moved the index of customers requirement from
Sec. 284.106(c) to Sec. 284.13(c).
\11\ Order No. 637 moved the interstate semi-annual storage
reporting requirement from Sec. 284.106(b) to Sec. 284.13(e), and
eliminated the requirement that interstate pipelines identify in
their semi-annual storage reports any related docket numbers under
which the interstate pipeline reported storage-related injection/
withdrawal transportation services.
---------------------------------------------------------------------------
5. Order No. 637 did not modify any of the reporting requirements
for section 311 and Hinshaw pipelines. However, in 2010, the Commission
issued Order No. 735 to bring the transactional reporting requirements
for section 311 pipelines and Hinshaw pipelines closer in line with the
18 CFR 284.13(b) posting requirements for interstate pipelines.\12\ As
amended by Order Nos. 735 and 735-A, section 284.126(b) requires that
section 311 and Hinshaw pipelines file quarterly reports of their
transportation and storage transactions in a standardized electronic
format, and it requires that those reports be public. The revised
quarterly reports require section 311 and Hinshaw pipelines to report
the same types of information about firm and interruptible storage
transactions as is contained in their semi-annual storage reports,
except for storage revenues from each individual storage customer. In
addition, because the semi-annual reporting periods are tied to the
injection and withdrawal season, the time periods covered by each
report do not correspond precisely. Order No. 735 did not modify the
existing semi-annual storage reporting requirement for section 311 and
Hinshaw pipelines in section 284.126(c) of the Commission's regulations
in any way.
---------------------------------------------------------------------------
\12\ Contract Reporting Requirements of Intrastate Natural Gas
Companies, Order No. 735, 75 FR 29404, FERC Stats. & Regs. ] 31,310,
131 FERC ] 61,150, order on reh'g, Order No. 735-A, 75 FR 80685, 133
FERC ] 61,216 (2010).
---------------------------------------------------------------------------
B. NOI and NOPR
6. In December 2010, the Commission issued a Notice of Inquiry
(NOI) to consider whether and how the semi-annual storage reports
required of both interstate and intrastate pipelines should be
modified.\13\ After analyzing the comments in response to the NOI, the
Commission issued a NOPR in September 2011, proposing to eliminate the
semi-annual storage reports.
---------------------------------------------------------------------------
\13\ Storage Reporting Requirements of Interstate and Intrastate
Natural Gas Companies, Notice of Inquiry, 75 FR 80758 FERC Stats. &
Regs. ] 35,568 (2010) (NOI).
---------------------------------------------------------------------------
7. In the NOPR, the Commission found that the semi-annual storage
reports are now largely duplicative with other reporting requirements,
which gather the same or similar information, but present it to the
public in a more standardized and accessible form. For interstate
pipelines, the Commission found that the semi-annual storage reports
overlap with the section 284.13(b) daily transactional posting
requirements established in Order No. 637,\14\ described above.\15\ The
Commission stated that, as Order No. 637 found, the information
included in the interstate pipelines' daily postings of both
transportation and storage contracts ``provides price transparency so
shippers can make informed purchasing decisions, and also permits
[[Page 4222]]
both shippers and the Commission to monitor actual transactions for
evidence of the possible abuse of market power.'' \16\ Accordingly, the
NOPR found that there appeared to be no need to require interstate
pipelines to continue filing an additional semi-annual report of their
storage transactions containing much the same information Order No. 637
requires them to post on a daily basis to accomplish the goal of price
transparency.
---------------------------------------------------------------------------
\14\ Regulation of Short-Term Natural Gas Transportation
Services and Regulation of Interstate Natural Gas Transportation
Services, Order No. 637, FERC Stats. & Regs. ] 31,091, clarified,
Order No. 637-A, FERC Stats. & Regs. ] 31,099, reh'g denied, Order
No. 637-B, 92 FERC ] 61,062 (2000), aff'd in part and remanded in
part sub nom. Interstate Natural Gas Ass'n of America v. FERC, 285
F.3d 18 (DC Cir. 2002), order on remand, 101 FERC ] 61,127 (2002),
order on reh'g, 106 FERC ] 61,088 (2004), aff'd sub nom. American
Gas Ass'n v. FERC, 428 F.3d 255 (DC Cir. 2005).
\15\ The information to be posted includes the name of the
shipper, the contract number (for firm service), the rate charged,
the maximum rate, the duration (for firm service), the receipt and
delivery points and zones covered, the quantity of natural gas
covered, any special terms or details (such as any deviations from
the tariff), and whether any affiliate relationship exists.
\16\ Order No. 637, FERC Stats. & Regs. ] 31,091 at 31,320.
---------------------------------------------------------------------------
8. The NOPR recognized that the semi-annual storage reports do
provide certain information that is not provided by the interstate
pipelines' daily Web site postings, concerning the volume of gas each
customer injects into and/or withdraws from storage and the total
revenues received from each storage customer. However, the Commission
found that the primary value of information about injections and
withdrawals from storage is to permit shippers to monitor the
availability of storage capacity and whether shippers or the pipeline
are withholding storage capacity.\17\ Section 284.13(d) requires
interstate pipelines to provide on their Web sites ``equal and timely
access to information relevant to the availability of all
transportation services whenever capacity is scheduled, including * * *
in storage fields, whether the capacity is available directly from the
pipeline or through capacity release.'' \18\ The NOPR stated that,
while these postings do not provide individual shipper injection and
withdrawal information, they appear more useful to shippers because
they provide information about the availability of capacity at the time
shippers are seeking to schedule capacity. By contrast, the semi-annual
storage reports are not filed until up to 30 days after the completion
of each injection and withdrawal season. The NOPR also found that,
while the section 284.13(b) daily postings do not require interstate
storage providers to post the revenues collected from each customer,
that section does require such storage providers to post the per-unit
rates they charge to each customer, thus enabling shippers to monitor
the storage provider's actions for potentially discriminatory
practices.
---------------------------------------------------------------------------
\17\ See Order No. 637, FERC Stats. & Regs. ] 31,091 at 31,320.
\18\ In addition, the Energy Information Administration
publishes weekly underground storage data, including base gas,
working gas in storage, and injection and withdrawal volumes by
storage facility type and region. Available at https://www.eia.gov/naturalgas/data.cfm#storage.
---------------------------------------------------------------------------
9. For section 311 and Hinshaw pipelines, the NOPR found, the semi-
annual storage reports substantially overlap with the amended section
284.126(b) quarterly reporting requirement established in Order No.
735, described above.\19\ The NOPR recognized that, unlike the semi-
annual storage reports, the section 284.126(b) quarterly reports do not
require section 311 and Hinshaw pipelines to report per-customer
storage revenues. However, the Commission found that the pipelines
commenting in this proceeding had provided detailed arguments that
providing the public with individual customer storage revenue is
burdensome, while proponents of collecting this information had not
provided any convincing reason why the Commission should continue to
require all section 311 and Hinshaw pipelines to provide this
information in periodic reports.
---------------------------------------------------------------------------
\19\ Contract Reporting Requirements of Intrastate Natural Gas
Companies, Order No. 735, 75 FR 29404, FERC Stats. & Regs. ] 31,310,
order on reh'g, Order No. 735-A, 75 FR 80685, FERC Stats. & Regs. ]
31,318 (2010) (errata issued June 24, 2011).
---------------------------------------------------------------------------
10. The Commission concluded that, to the extent the semi-annual
storage reports do include information not reported elsewhere, the
burden of requiring pipelines to report that information appears to
outweigh any benefits to the Commission or the public of requiring such
information to continue to be reported on a regular basis. However, if
such information is needed in a particular case, the Commission retains
the ability to seek such information through a data request to the
pipeline in question.
C. Comments to the NOPR
11. Eleven companies and associations, listed in the Appendix to
this order, filed comments in response to the NOPR. Every comment
supported the proposal. While two parties had filed comments on the NOI
opposing elimination of the semi-annual storage reports,\20\ to which
the Commission responded in the NOPR, neither of these parties filed
comments on the NOPR. Several commenters on the NOPR urged the
Commission to act as soon as possible in order to eliminate the
reporting requirement before the next round of reports are due on April
30, 2012. Spectra \21\ also recommended that the Commission review
other regulations for possible redundancies, but did not suggest any
specific regulations for review.
---------------------------------------------------------------------------
\20\ The American Public Gas Association and the Independent Oil
and Gas Association of West Virginia.
\21\ Spectra Energy Transmission, LLC and Spectra Energy
Partners, LP file jointly on behalf of themselves and their
subsidiaries, which operate numerous natural gas storage facilities.
---------------------------------------------------------------------------
D. Executive Orders
12. On January 18, 2011, President Obama issued an executive order
\22\ and a presidential memorandum on regulatory flexibility, small
business, and job creation.\23\ The Commission, as an independent
agency, is not subject to requirements of those presidential documents.
Nonetheless, Chairman Wellinghoff directed Commission staff to perform
an internal assessment of the effectiveness of Commission regulations.
Subsequently, on July 11, 2011, the President issued an executive order
asking independent regulatory agencies such as the Commission to take
steps to reassess and streamline existing regulations.\24\ On November
8, 2011, the Commission issued its plan for retrospective analysis of
existing rules, setting forth the schedule for complying with the
executive orders.\25\
---------------------------------------------------------------------------
\22\ Improving Regulation and Regulatory Review, Exec. Order
13563, 76 FR 3821 (Jan. 21, 2011).
\23\ Regulatory Flexibility, Small Business, and Job Creation,
Presidential Memorandum, 76 FR 3827 (Jan. 21, 2011).
\24\ Regulation and Independent Regulatory Agencies, Exec. Order
13579, 76 FR 41587 (2011).
\25\ Plan for Retrospective Analysis of Existing Rules, Docket
No. AD12-6-000, 76 FR 70913 (2011).
---------------------------------------------------------------------------
13. The Commission continually seeks to streamline its regulations
in order to foster competitive markets, facilitate enhanced
competition, and avoid imposing undue burdens on regulated entities or
unnecessary costs on those entities or their customers. In analyzing
the comments received in response to the NOI and NOPR, the Commission
considered the goals of those executive orders. In this Final Rule, the
Commission is seeking to streamline our natural gas pipeline reporting
requirements, as part of our continuing efforts to ensure Commission
regulations are effective, timely, and up to date.
II. Discussion
14. In this Final Rule, the Commission eliminates the semi-annual
storage reporting requirements both for interstate pipelines and for
section 311 and Hinshaw pipelines that are currently codified in 18 CFR
284.13(e) and 18 CFR 284.126(c), respectively. All of the parties who
filed comments in response to the NOPR stated that they support this
course of action. As detailed in the above section, the NOPR found that
these reports are largely duplicative of other reporting requirements.
For the limited amount of information not reported elsewhere, the
[[Page 4223]]
NOPR found that the burden of requiring pipelines to report outweighs
any benefits to the Commission or the public of requiring such
information to be reported on a regular basis. All the commenters on
the NOPR support that conclusion. If any information that is no longer
collected as a result of the elimination of the semi-annual storage
reports is needed in a particular case, the Commission retains the
ability to seek such information through a data request to the pipeline
in question.
15. Accordingly, the Commission finds that elimination of the semi-
annual storage reports will help streamline our natural gas reporting
requirements and avoid imposing unnecessary burdens on regulated
pipelines, without adversely affecting the ability of the Commission
and shippers to monitor storage transactions for evidence of the
possible abuse of market power.
III. Regulatory Requirements
A. Information Collection Statement
16. The Office of Management and Budget (OMB) regulations require
that OMB approve certain reporting, recordkeeping, and public
disclosure requirements (collections of information) imposed by an
agency.\26\ Therefore, the Commission is providing notice of its
elimination of the information collections. This rule will be submitted
to OMB for review in accordance with the Paperwork Reduction Act of
1995.\27\
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\26\ 5 CFR 1320.
\27\ 44 U.S.C. 3507(d).
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17. The Commission shall eliminate two reporting requirements and
remove the burden of those requirements from jurisdictional entities.
Information Collections:
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Filings per Annual burden Total annual
Information collection (or part of) eliminated Part of OMB Number of respondent per Burden hours hours per burden hours
Control No. respondents year per filing respondent eliminated
.............. (a) (b) (c) (b x c) (a x b x c)
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FERC-549 requirements in 18 CFR 284.13(e)............... 1902-0086 155 2 12 24 3720
FERC-537 requirements in 18 CFR 284.126(c).............. 1902-0060 50 2 27 54 2700
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Grand Total......................................... .............. 205 .............. .............. .............. 6420
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The elimination of the semi-annual storage reports will save
industry an estimated $394,731 annually (for the 6,420 burden
hours).\28\
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\28\ The cost estimate is based on a work year of 2,080 hours
and includes salary and benefits. For FERC-549, an estimate of $58
per hour is used. For FERC-537, $137,874 per work year is used.
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Title: Semi-annual storage reporting requirements for Interstate
and Intrastate Natural Gas Companies (currently codified in 18 CFR
284.13(e) [component of FERC-549, OMB Control No. 1902-0086] and 18 CFR
284.126(c) [component of FERC-537, OMB Control No. 1902-0060]).
Respondents: Interstate and Intrastate Natural Gas Companies.
Internal review: The Commission has reviewed the semi-annual
storage reporting requirements for Interstate and Intrastate Natural
Gas Companies that are currently codified in 18 CFR 284.13(e) and 18
CFR 284.126(c). The Commission has determined that the reports are
largely duplicative of other reporting requirements.
18. Interested persons may obtain information on the reporting
requirements being eliminated by contacting: Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426 [Attention:
Ellen Brown, Office of the Executive Director, email:
DataClearance@ferc.gov, Phone: (202) 502-8663, fax: (202) 273-0873].
Comments on the requirements being deleted in this rule may also be
sent to the Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC 20503 [Attention: Desk Officer
for the Federal Energy Regulatory Commission]. For security reasons,
comments should be sent by email to OMB at oira_submission@omb.eop.gov. Please reference OMB Control Nos. 1902-0086
(FERC-549) and 1902-0060 (FERC-537) in your submission.
B. Environmental Analysis
19. 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.\29\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\30\ The actions taken here fall within categorical
exclusions in the Commission's regulations for rules that are
corrective, clarifying, or procedural, for information gathering,
analysis, and dissemination, and for sales, exchange, and
transportation of natural gas that requires no construction of
facilities.\31\ Therefore an environmental review is unnecessary and
has not been prepared in this rulemaking.
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\29\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs., Preambles 1986-1990 ] 30,783 (1987).
\30\ 18 CFR 380.4.
\31\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), and 380.4(a)(27).
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C. Regulatory Flexibility Act
20. The Regulatory Flexibility Act of 1980 (RFA) \32\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
Most of the natural gas companies regulated by the Commission do not
fall within the RFA's definition of a small entity.\33\ Any economic
impact from the rulemaking would be due to the elimination of
unnecessary filing burdens and costs on small and large entities.
Accordingly, the Commission certifies that this rule will not have a
significant impact on a substantial number of small entities.
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\32\ 5 U.S.C. 601-612.
\33\ See 5 U.S.C. 601(3) (citing section 3 of the Small Business
Act, 15 U.S.C. 623, 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. The Small Business Size
Standards component of the North American Industry Classification
System defines a small natural gas pipeline company as one that
transports natural gas and whose annual receipts (total income plus
cost of goods sold) did not exceed $7 million for the previous
year).
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D. Document Availability
21. In addition to publishing the full text of this document,
except for the Appendix, in the Federal Register, the Commission
provides all interested persons an opportunity to view and/or print the
contents of this document via
[[Page 4224]]
the Internet through the Commission's Home Page (https://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.
22. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document,
including the Appendix, 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 of this document in the docket number field.
23. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at (202) 502-6652 (toll free at 1-866-208-3676) or e-mail at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. E-mail the Public Reference Room at
public.referenceroom@ferc.gov.
E. Effective Date and Congressional Notification
24. These regulations are effective March 27, 2012. The Commission
has determined, with the concurrence of the Administrator of the Office
of Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. The rule is being
submitted to the Senate, House, Government Accountability Office, and
the Small Business Administration.
List of Subjects in 18 CFR Part 284
Continental shelf, Natural gas, Reporting and recordkeeping
requirements.
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission amends Part 284,
Chapter I, Title 18, Code of Federal Regulations, as follows.
PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES
0
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.
Sec. 284.13 [Amended]
0
2. Section 284.13 is amended as follows:
0
a. Paragraph (e) is removed.
0
b. Paragraph (f) is redesignated as paragraph (e).
Sec. 284.126 [Amended]
0
3. Section 284.126 is amended by removing paragraph (c).
Appendix
List of Commenters and Abbreviations
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Commenter Abbreviation
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American Gas Association................ AGA.
Cranberry Pipeline Corporation.......... Cranberry.
Enogex LLC.............................. Enogex.
Enstor Operating Company, LLC........... Enstor.
Interstate Natural Gas Association of INGAA.
America.
Jefferson Island Storage & Hub, LLC..... Jefferson.
Niska Gas Storage LLC................... Niska.
Northern Natural Gas Company............ Northern.
Spectra Energy Transmission, LLC & Spectra.
Spectra Energy Partners, LP.
Texas Pipeline Association.............. TPA.
Williston Basin Interstate Pipeline Williston Basin.
Company.
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[FR Doc. 2012-1612 Filed 1-26-12; 8:45 am]
BILLING CODE 6717-01-P
