Filing, Indexing and Service Requirements for Oil Pipelines, 65513-65518 [2012-26142]
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Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules
Norris, Cheryl A. LaFleur, and Tony T.
Clark.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 341
[Docket No. RM12–15–000]
Filing, Indexing and Service
Requirements for Oil Pipelines
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of Proposed Rulemaking.
AGENCY:
The Federal Energy
Regulatory Commission proposes to
amend its regulations under the
Interstate Commerce Act.1 The
Commission proposes to rewrite,
remove, and update its regulations
governing the form, composition and
filing of rates and charges by interstate
oil pipelines for transportation in
interstate commerce. This proposal is a
part of the Commission’s ongoing
program to review its filing and
reporting requirements and reduce
unnecessary burdens by eliminating the
collection of data that are not necessary
to the performance of the Commission’s
regulatory responsibilities.
DATES: Comments are due November 28,
2012.
ADDRESSES: Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Comment Procedures Section of
this document.
FOR FURTHER INFORMATION CONTACT:
Aaron Kahn (Technical Issues), 888
First Street NE., Washington, DC
20426, (202) 502–8339,
aaron.kahn@ferc.gov.
Michelle A. Davis (Legal Issues), 888
First Street NE., Washington, DC
20426, (202) 502–8687,
michelle.davis2@ferc.gov.
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SUMMARY:
141 FERC ¶ 61,036
app. U.S.C. 1–85 (2000).
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13:05 Oct 26, 2012
I. Background
2. Section 6 of the Interstate
Commerce Act (ICA) requires interstate
oil pipelines to file rates, fares, and
charges for transportation on their
systems, and also to file copies of
contracts with other common carriers
for such traffic. Similarly, section 20 of
the ICA requires annual or special
reports from carriers subject to the ICA
collected by the Commission.3 These
requirements are reflected in 18 CFR
Parts 341 and 357 of the Commission’s
regulations.4
3. In 2008, the Commission adopted
Order No. 714, which required that all
tariffs and tariff revisions and rate
change applications for oil pipelines
and other FERC-regulated entities be
filed electronically according to a set of
standards developed in conjunction
with the North American Energy
Standards Board.5 The Commission
adopted Order No. 714, in part, to
comply with the Paperwork Reduction
Act, the Government Paperwork
Elimination Act, and the E-Government
Act of 2002 by developing the capability
to file electronically with the
Commission via the Internet. As
relevant here, the Commission reasoned
that electronic filing provides for easier
tracking of document filing activity;
potentially reduces mailing and courier
fees; allows concurrent access to the
tariff filing by multiple parties as well
as the ability to download and print
tariff filings; and provides automatic
email notification to an applicant of
receipt of the filing. Consequently, since
April 1, 2010, all tariff filings with the
2 18
CFR Part 341 (2012).
49 U.S.C. app. 6, 20 (1988).
4 See also 18 CFR Parts 341, 357 (2012)
(implementing the filing and reporting
requirements of sections 6 and 20 of the ICA).
5 Electronic Tariff Filings, Order No. 714, FERC
Stats. & Regs. ¶ 31,276 (2008).
Commission must be made
electronically.6
II. Discussion
4. As noted, sections 6 and 20 of the
ICA require interstate oil pipelines to
file rates, fares, and charges for
transportation on their systems, and also
to file copies of contracts with other
common carriers for such traffic. The
Commission now proposes an overhaul
of its regulations in Part 341 that
incorporate ‘‘housekeeping’’ changes to
eliminate obsolete language and
sections. The proposed Part 341 changes
represent reorganization, rewriting,
updating, modification, consolidation,
and pruning of the current regulations.
The changes provide for more useful
and less burdensome data filed in
electronic format. In an effort to increase
public access to interstate oil pipeline
tariffs, reduce interstate oil pipelines’
regulatory burden of making tariff
filings, and to improve interstate oil
pipeline service to their shippers, the
Commission proposes modifying Part
341 of its regulations. Many of these
changes reflect the requirements
established in Order No. 714.
III. Proposed Revisions
A. Posting Requirements
1. Eliminating Paper Posting
5. Consistent with the Commission’s
goal to streamline its procedures to
eliminate unnecessary regulatory
obligations, the Commission proposes to
eliminate the paper posting
requirements of sections 341.0(a)(7),
341.7, and 341.3(c) of its regulations.
Section 341.0(a)(7) currently provides
that oil pipelines must post their tariffs
by making them ‘‘available during
regular business hours for public
inspection in a convenient form and
place at the carrier’s principal office and
other offices of the carrier where
business is conducted with affected
shippers, or placing a copy on the
Internet in a form accessible by the
public.’’ Similarly, section 341.7
requires that ‘‘[c]oncurrences must be
maintained at carriers’ offices and
produced upon request.’’ 7 Lastly,
section 341.3(c) lays out the
requirements for ‘‘loose-leaf tariffs,’’ i.e.,
paper tariffs.
6. The Commission proposes to revise
341.0(a)(7) to eliminate the requirement
that oil pipelines make their tariffs
‘‘available for public inspection in a
convenient form and place at the
3 See
Before Commissioners: Jon Wellinghoff,
Chairman; Philip D. Moeller, John R.
1 49
Issued October 18, 2012
1. The Federal Energy Regulatory
Commission (Commission or FERC)
proposes to amend Part 341 of its
regulations to rewrite, remove, and
update its regulations governing the
form, composition and filing of rates
and charges by interstate oil pipelines
for transportation in interstate
commerce.2 This proposal is a part of
the Commission’s ongoing program to
review its filing and reporting
requirements and reduce unnecessary
burdens by eliminating the collection of
data that are not necessary to the
performance of the Commission’s
regulatory responsibilities.
65513
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6 Id.
P 104.
CFR 341.7 (2012). See also 18 CFR 341.0(a)(2)
(defining a concurrence as the agreement of a
carrier to participate in the joint rates or regulations
published by another carrier).
7 18
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carriers’ principal office and other
offices where business is conducted.’’
Instead, consistent with the
requirements for public utilities and
interstate natural gas pipelines, the
Commission proposes to mandate that
oil pipelines electronically post their
currently effective, pending and
suspended tariffs on their public Web
sites.8 The Commission also proposes to
revise section 341.7 of its regulations to
eliminate the requirement that
‘‘concurrences be maintained at carriers’
offices’’ in paper form. In conjunction
with these changes, the Commission
proposes to update section 341.3 of its
regulations by removing subsection
341.3(c), which references outdated
‘‘loose-leaf tariffs.’’ These proposals
should reduce the burden on interstate
oil pipelines while increasing the ease
of accessing oil pipeline tariffs for
shippers and possibly the oil pipelines
themselves.
2. Service of Filings
7. The Commission proposes to revise
section 341.1(a) of its regulations to
become consistent with section
385.2010 of its regulations by
eliminating an oil pipeline’s obligation
to ‘‘serve tariff publications and
justifications to each shipper and
subscriber’’ by paper. Section
385.2010(f)(2) provides that, subject to
certain limitations and exceptions,
‘‘service of any document in
proceedings commenced on or after
March 21, 2005, must be made by
electronic means unless the sender and
recipient agree otherwise or the
recipient’s email address is unavailable
from the official service list.’’ 9 This
proposed change will create a uniform
service requirement for all Commissionregulated entities and eliminate any
ambiguity regarding the Commission’s
preferred mode of service. Moreover,
this proposal should reduce the burden
on interstate oil pipelines while
increasing ease of tracking document
filing activity and potentially reducing
mailing and courier fees.
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3. Index of Effective Tariffs
8. As part of its efforts to eliminate
unnecessary filing requirements, the
Commission proposes to make changes
to section 341.9 of its regulations, which
specifies the information that an oil
8 The terms of ‘‘effective,’’ ‘‘pending’’ and
‘‘suspended’’ are those used by Order No. 714 and
eTariff, and for this document. The equivalent
terms in 18 CFR 341.0(b)(4) (2012) are ‘‘current,’’
‘‘proposed’’ and ‘‘suspended,’’ respectively. See
also 18 CFR 35.7 (2012) (establishing the Public
Utility Electronic Filing Requirements) and 18 CFR
284.12 (2012) (establishing the Natural Gas
Electronic Filing Requirements).
9 18 CFR 385.2010 (2012).
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pipeline’s tariff index must contain and
how it must be organized. Section
341.9(a) of the Commission’s regulations
provides that each Commissionregulated ‘‘carrier must publish as a
separate tariff publication under its
FERC Tariff numbering system, a
complete index of all effective tariffs to
which it is a party * * *.’’ Section
341.9(e) further provides that the ‘‘index
must be kept current by supplements
numbered consecutively. The
supplements may be issued quarterly.
At a minimum, the index must be
reissued every four years.’’
9. The Commission proposes to
eliminate the requirement that oil
pipelines make a tariff filing setting
forth an index of all effective tariffs to
which it is a party and replace such
requirement with an obligation that oil
pipelines post the index of tariffs on
their public Web sites. The Commission
also proposes to simplify the
information oil pipelines must include
by requiring that the index of tariffs
identify for each tariff: (1) The product
being shipped and (2) the origin and
destination points for that product. The
Commission further proposes that oil
pipelines update the index of tariffs
within ninety days of any change.
10. This proposal would eliminate the
need of an oil pipeline to make a tariff
filing. The posting of index tariffs on an
oil pipeline’s public Web site would
also provide shippers with more current
information. Importantly, this proposal
would simplify what is required to be
contained in the index of tariffs without
negatively impacting the information
provided to shippers.
11. Similarly, many oil pipelines only
have one or two tariffs on file with the
Commission. For oil pipelines with a
limited number of tariffs, the
Commission questions the value of an
index of tariffs and believes that such
index provides little benefit to shippers.
Therefore, the Commission proposes to
require only oil pipelines with more
than two tariffs to maintain an index of
tariffs on their public Web sites. The
Commission estimates that the proposed
changes to the index of tariff
requirements will eliminate
approximately twenty-two unnecessary
filings each year. These changes will
still provide shippers and the public at
large with current and useful
information, without any negative
impact.
B. Electronic Updates and Filing
Requirements
12. Many of the tariff filing and tariff
maintenance requirements currently
stated in part 341 of the Commission’s
regulations are premised on the
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maintenance of paper records. Since the
implementation of Order No. 714,
however, some oil pipeline tariff filings
are now obsolete. In light of these
changes, as explained below, the
Commission proposes removing the
filing requirements for amendments to
tariff provided for under section 341.4
of the Commission’s regulations,
including the amendment and
suspension requirements.
1. Tariff Supplements
13. Section 341.4(a)(1) of the
Commission’s regulations allows an oil
pipeline’s tariff to be supplemented
only once.10 The Commission believes
that this provision is now outdated
because it is practical for oil pipelines
to modify electronic tariffs at any time.
Accordingly, the Commission proposes
to delete the provisions in section
341.4(a)(1).
2. Amended, Canceled or Reissued
Tariff Supplement Data
14. Section 341.4(a)(2) of the
Commission’s regulations sets forth the
requirements for maintenance of oil
pipeline tariffs that are amended,
canceled, or reissued.11 In Order No.
714, the Commission required oil
pipelines to maintain Record Version
Numbers for each tariff record.12
Consequently, supersession data is now
maintained electronically 13 and the
provisions set forth in section
341.4(a)(2) are obsolete. Consequently,
the Commission proposes deleting these
provisions.
3. Cancelling Tariffs
15. The Commission proposes to
consolidate the instructions for
cancellation of tariffs into Section 341.5
of the Commission’s regulations.14
Section 341.4(b) of the Commission’s
regulations requires oil pipelines to file
supplements to an amendment to a tariff
‘‘when tariffs are canceled without
reissue.’’ 15 Section 341.5 of the
10 18 CFR 341.4(a)(1) (2012) (limiting
supplements to one effective supplement per tariff,
except for cancellation, postponement, adoption,
corrections, and suspension supplements).
11 18 CFR 341.4(a)(2) (2012).
12 Record Version Number is the representation of
the version of the Tariff Record. See
Implementation Guide for Electronic Filing of Parts
35, 154, 284, 300 and 341 Tariff Filings
(Implementation Guide) located on the Commission
Web site.
13 Tariff record supersession data includes the
following: Record Current Status, Current Effective
Date, and FERC Order Date. See eTariff Viewer
located on the Commission’s Web site at https://
www.ferc.gov/.
14 18 CFR 341.5 (2012).
15 18 CFR 341.4(b) (2012). See also 18 CFR
341.3(b)(10)(ii) (2012) (detailing tariff reissuance
requirements).
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Commission’s regulations also details
requirements in the event that an oil
pipeline’s tariff is canceled. Rather than
addressing cancelation in two separate
regulations, the Commission proposes to
consolidate and simplify the
requirements relating to oil pipeline
tariff cancelations into section 341.5 of
the Commission’s regulations by
detailing that if an oil pipeline tariff is
no longer offered, then the oil pipeline
must cancel such tariff within thirty
days of the termination of the tariff.
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4. Suspension Supplements
16. The Commission proposes to
eliminate the filing requirements for oil
pipeline suspension supplements
required by section 341.4(f) of the
Commission’s regulations. Section
341.4(f) provides for oil pipelines a
‘‘suspension supplement must be filed
for each suspended tariff or suspended
part of a tariff within 30 days of the
issuance of a suspension order.’’ 16
Section 341.1(f) further provides that
the suspension supplement, which must
be served on all subscribers, ‘‘must
include the date it is issued, a
reproduction of the ordering paragraphs
of the suspension order, a statement that
the tariff or portion of the tariff was
suspended until the date stated in the
suspension order, a reference to the
docket number under which the
suspension order was issued, and a
statement that the previous tariff
publication remains in effect.’’
17. This suspension supplement tariff
record filing was originally premised on
the maintenance of a paper records and
the service of such paper tariff records,
which is now obsolete because of the
electronic filing requirements of Order
No. 714. Accordingly, the Commission
proposes eliminating the current filing
requirements of section 341.4(f) and
replacing them with an obligation of oil
pipelines to serve Commission
suspension orders on individual
pipeline subscriber lists. This will
eliminate the tariff filing for the
suspension supplement, as well as
subsequent filings an oil pipeline must
make to remove a suspension
supplement. The Commission estimates
that this will eliminate approximately
twelve filings each year.
5. Amendments to Tariffs
18. The Commission proposes further
revisions to section 341.4 of its
regulations to treat all amendments to
pending tariffs, whether ministerial or
substantive, in the same manner as they
are treated for public utilities and
natural gas companies. Section 341.4(e)
16 18
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6. Adoption
20. Section 341.6(a) provides an oil
pipeline must file a tariff and ‘‘notify
the Commission when there is: (1) A
change in the legal name of the carrier;
(2) a transfer of all of the carrier’s
properties; or (3) a change in ownership
of only a portion of the carrier’s
property.’’ This filing must be made by
the oil pipeline ‘‘as soon as possible but
no later than [thirty] days following
such occurrence.’’ This filing is
commonly known as an ‘‘Adoption
Notice.’’ Section 341.6(c) further
provides that ‘‘when a carrier changes
its legal name, or when ownership of all
a carrier’s properties is transferred, or
when the ownership of a portion of a
carrier’s properties is transferred to
another carrier, the adopting carrier
must file and post an adoption notice.’’
In these instances, the adopting oil
pipeline must make a tariff filing within
thirty days transferring into its
17 18 CFR 35.17(b) and 18 CFR 154.205(b) (2012)
(respectively).
CFR 341.4(f) (2012).
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of the Commission’s regulations limits
an oil pipeline from filing more than
three ‘‘correction supplements’’ to
correct ‘‘typographical or clerical
errors’’ per tariff. In contrast, the
Commission’s regulations do not allow
an oil pipeline to make non-ministerial
tariff changes without filing to withdraw
any pending proposal and making a new
tariff filing.
19. In the electronic filing
environment established by Order No.
714, the Commission does not believe
that it should limit the number of times
an oil pipeline may make corrections to
a tariff record. Therefore, the
Commission proposes to revise section
341.4 of its tariff to treat all amendments
to pending tariff records, whether
ministerial or substantive, the same to
allow an oil pipeline to file to amend or
to modify a tariff record at any time
during the pendency of the Commission
acting on such tariff record. In addition,
the Commission proposes creating a
tariff record amendment process that
parallels the existing business process
for amending pending statutory tariff
filings under its public utility and
natural gas programs.17 Under this
proposal, an oil pipeline will be able to
keep its requested effective date from its
original tariff record filing, while giving
interested parties a full comment period
to address any issues relating to a
proposed amendment. An amendment
will toll the notice period as provided
in section 341.2(b) of the Commission’s
regulations, for the original filing, and
establish a new date for final
Commission action.
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65515
Commission tariff records, the rates that
the adopting oil pipeline is adopting
(filing to bring tariffs forward).
21. To eliminate unnecessary filings,
the Commission proposes consolidating
the Adoption Notice filing and the filing
to integrate the tariff records of the
adopting carrier. To implement this
change, the Commission proposes
modeling sections 341.6(a) on section
154.603 of the Commission’s natural gas
regulations. Section 154.603 provides
that ‘‘[w]henever the tariff * * * of a
natural gas company on file with the
Commission is to be adopted by another
company or person as a result of an
acquisition, or merger * * * the
succeeding company must file with the
Commission, and post within 30 days
after such succession, a tariff filing
* * * bearing the name of the successor
company.’’ The Commission estimates
that this proposal will eliminate
approximately fifteen Adoption Notice
filings each year.
7. Implementation
22. If the Commission adopts the
proposed changes to the types of filings
discussed above, the Secretary of the
Commission will issue a revised list of
Type of Filing Codes.18
IV. Information Collection Statement
23. The Office of Management and
Budget (OMB) regulations require
approval of certain information
collection requirements imposed by
agency rules.19 Upon approval of a
collection(s) of information, OMB will
assign an OMB control number and an
expiration date. Respondents subject to
the filing requirements of an agency rule
will not be penalized for failing to
respond to these collections of
information unless the collections of
information display a valid OMB
control number. The Paperwork
Reduction Act (PRA) 20 requires each
Federal agency to seek and obtain OMB
approval before undertaking a collection
of information directed to ten or more
persons or contained in a rule of general
applicability.21
24. The Commission is submitting
these reporting requirements to OMB for
its review and approval under section
3507(d) of the PRA. Comments are
18 See 18 CFR 375.302(z) (2012). The
Implementation Guide describes the Type of Filing
contents. The Type of Filing Code list is posted on
the Commission’s Web site at https://www.ferc.gov/
docs-filing/etariff/filing_type.csv.
19 5 CFR 1320 (2012).
20 44 U.S.C. 3501–3520 (2012).
21 OMB’s regulations at 5 CFR 1320.3(c)(4)(i)
(2012) require that ‘‘Any recordkeeping, reporting,
or disclosure requirement contained in a rule of
general applicability is deemed to involve ten or
more persons.’’
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Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules
solicited on the Commission’s need for
this information, whether the
information will have practical utility,
the accuracy of provided burden
estimates, ways to enhance the quality,
utility, and clarity of the information to
be collected, and any suggested methods
for minimizing the respondent’s burden,
including the use of automated
information techniques.
25. The Commission’s estimate of the
change in Public Reporting Burden and
cost related to the proposed rule in
Docket RM12–15–000 follow.
26. The proposed regulations will
eliminate or reduce several filing
requirements as obsolete and no longer
necessary. The eliminated or reduced
filings include the filing of Index of
Tariffs, reduced number of adoption
Reduction in
filings
RM12–15, FERC–550
filings, eliminated suspension
supplements, and reduced number of
filings necessary to amend incorrect
filings. Based upon a review of the
filings made by interstate oil pipelines
since eTariff was implemented in April
2010, the Commission estimates a
reduction of 99 tariff filings and 1,082
burden hours per year, as shown in the
table below.
Estimated
hours
per filing
Total
hours
Total cost
reduction22
Revised 341.4, Amendments to tariff filings ....................................................
Revised 341.6, Adoption of the tariff by a successor. ....................................
Elimination of 341.4(f) (Suspension Supplements) .........................................
Revised 341.9, Index of Tariffs .......................................................................
50
15
12
22
11
11
11
11
550
165
132
242
$30,250
9,075
7,260
13,310
Total ..........................................................................................................
99
........................
1,089
59,895
27. The Commission proposes to
revise Part 341’s tariff posting
requirements for interstate oil pipelines
from paper to electronic format. There is
no change in burden for the pipelines to
maintain the status of their tariffs for
public inspection, as that requirement is
unchanged. The Commission recognizes
that there will be a one-time increased
burden involved in the initial
implementation associated with
purchasing software and updating Web
sites to post their tariff electronically.
We estimate a one-time additional cost
of $250 per respondent for non-labor
costs. Additionally we estimate a onetime hourly burden of 20 hours per
respondent for updating the web sites
for posting of the tariffs.
RM12–15, FERC–550
Revisions to 18 CFR Part 341 .............................................
Estimated
additional onetime burden
per filer
Total
estimated
additional onetime burden
Estimated
additional
one-time nonlabor hours
cost per filer
Total
estimated
one-time
hourly burden
cost per filer
(hr.)
(hr.)
($)
($)
20
Number of
pipelines
with tariffs
3,340
250
1,097
167
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Information Collection Costs: The
Commission seeks comments on the
costs and burden to comply with these
requirements.
Total additional one-time non-labor
hour cost = $41,750 ($250 per
respondent).23
Savings per year = $468 per
respondent.24
Total additional one-time hourly burden
cost = $183,199 ($1,097 per
respondent).25
Burden hour savings per year after
implementation year = 8.4 hours per
respondent
Title: FERC–550, Oil Pipeline: Tariff
Filing
Action: Proposed Revisions to the
FERC–550.
OMB Control No: 1902–0089.
Respondents: Public and non-public
utilities.
Frequency of Responses: Initial
implementation and ongoing reduction
in burden.
Necessity of the Information: The
proposals in this Proposed Rule would,
if implemented, increase transparency
to both shippers and the public,
simplify some filings, reduce the
regulatory burden placed on oil
pipelines, and modernize Part 341 in
accordance with the Commission’s
electronic systems.
Internal review: The Commission has
reviewed the proposed changes and has
determined that the changes are
necessary. These requirements conform
to the Commission’s need for efficient
information collection, communication,
and management within the energy
industry. 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 reporting
requirements 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 of this
rule may also be sent to the Office of
22 The cost figure is based on management analyst
work at $38.50 per hour. We adjusted the $38.50
figure to account for benefits resulting in a loaded
figure of $55 per hour ($38.5/0.704). We obtained
wage and benefit information from Bureau of Labor
Statistics information at https://bls.gov/oes/current/
naics2_22.htm and https://www.bls.gov/
news.release/ecec.nr0.htm.
23 The $250 is an aggregate number. Some
respondents will incur little to no expense in order
to satisfy the proposals in this rulemaking as they
already post their tariffs on their web sites and/or
have software with that functionality.
24 Based on an annual reduction of $59,895
divided by 128, the average number of respondents
per year. The number of pipelines with tariffs is
greater than the number of respondents because not
all pipelines with tariffs make tariff filings every
year.
25 The cost figure is based on 5 hours of computer
analyst work ($39.02/hour) and 15 hours of
management analyst work ($38.50/hour) resulting
in a total of $772.60. We adjusted the $772.60 figure
to account for benefits resulting in a loaded figure
of $1,097 ($772.60/0.704). We obtained wage and
benefit information from the Bureau of Labor
Statistics (at https://bls.gov/oes/current/
naics2_22.htm and at https://www.bls.gov/
news.release/ecec.nr0.htm).
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Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules
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 No. 1902–0089,
FERC–550 and the docket number of
this proposed rulemaking in your
submission.
V. Environmental Analysis
28. 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.26 The actions taken here
fall within categorical exclusions in the
Commission’s regulations for
information gathering, analysis, and
dissemination.27 Therefore, an
environmental assessment is
unnecessary and has not been prepared
in this rulemaking.
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VI. Regulatory Flexibility Act
Certification
29. The Regulatory Flexibility Act of
1980 (RFA) requires agencies to prepare
certain statements, descriptions, and
analyses of proposed rules that will
have a significant economic impact on
a substantial number of small entities.28
Agencies are not required to make such
an analysis if a rule would not have
such an effect.
30. The Commission does not believe
that this proposed rule will have a
significant impact on small entities, nor
will it impose upon them any
significant costs of compliance. The
Commission identified 29 small entities
as respondents to the requirements in
the proposed rule.29 As explained
above, the changes to Part 341 of the
Commission’s regulations will only
impose a small burden in the first year
($2,460 per respondent), and will result
in net savings for other years ($3,369 per
company). The Commission does not
estimate that there are any other
regulatory burdens associated with this
26 Regulations Implementing the National
Environmental Policy Act, Order No. 486, FERC
Stats. & Regs., Regulations Preambles 1986–1990 ¶
30,783 (1987).
27 18 CFR 380.4(a)(5) (2012).
28 5 U.S.C. 601–12 (2012).
29 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 that is independently owned and operated
and that is not dominant in its field of operation.
15 U.S.C. 632 (2012). The Small Business Size
Standards component of the North American
Industry Classification System defines a small oil
pipeline company as one with less than 1,500
employees. See 13 CFR Parts 121, 201 (2012).
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final rule. Thus, the Commission
certifies that the final rule would not
have a significant economic impact on
a substantial number of small entities.
VII. Comment Procedures
31. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due November 28, 2012.
Comments must refer to Docket No.
RM12–15–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
32. The Commission encourages
comments to 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. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
33. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
34. 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. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
35. 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 (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
36. From the Commission’s Home
Page on the Internet, this information is
available on 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 of this document in the
docket number field.
PO 00000
Frm 00018
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37. 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 email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
List of subjects in 18 CFR Part 341
Pipelines, Reporting and
recordkeeping requirements.
By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission proposes to amend Part
341, Chapter I, Title 18, Code of Federal
Regulations, as follows.
PART 341—OIL PIPELINE TARIFFS:
OIL PIPELINE COMPANIES SUBJECT
TO SECTION 6 OF THE INTERSTATE
COMMERCE ACT
1. The authority citation for Part 341
continues to read as follows:
Authority: 42 U.S.C. 7101–7352; 49 U.S.C.
1–27.
2. Section 341.0(a)(7) is revised to
read as follows:
§ 341.0
Definitions; application.
(a) * * *
(7) Posting or Post means making
current, proposed and suspended tariffs
available on a carrier’s public Web site.
*
*
*
*
*
3. In § 341.2(a)(1), revise the third
sentence in paragraph 341.2(a)(1), to
read as follows:
§ 341.2
VIII. Document Availability
65517
Filing requirements.
(a) * * *
(1) * * * Such service shall be made
in accordance with the requirements of
§ 385.2010 of this chapter.
*
*
*
*
*
§ 341.3
[Amended]
4. In § 341.3 remove paragraph (c).
5. Section 341.4 is revised to read as
follows:
§ 341.4
Amendments of tariff filings.
A carrier may file to amend or modify
a tariff contained in a tariff filing at any
time during the pendency of the filing.
Such filing will toll the notice period as
provided in § 341.2(b) for the original
filing, and establish a new date on
which the entire filing will become
effective, in the absence of Commission
action, no earlier than 31 days from the
date of the filing of the amendment or
modification.
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65518
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules
6. Section 341.5 is revised to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 341.5
40 CFR Part 52
Cancellation of Tariffs.
Carriers must cancel tariffs when the
service or transportation movement is
terminated. If the service in connection
with the tariff is no longer in interstate
commerce, the tariff publication must so
state. Carrier must file such
cancellations within 30 days of the
termination of service.
7. Section 341.6 is revised to read as
follows:
§ 341.6 Adoption of the tariff by a
successor.
Whenever the tariff(s) of a carrier on
file with the Commission are to be
adopted by another carrier as a result of
an acquisition, merger, or name change,
the succeeding company must file with
the Commission, and post within 30
days after such succession, a tariff in the
electronic format required by § 341.1
bearing the name of the successor
company.
8. Section 341.7 is revised to read as
follows:
§ 341.7
Concurrences.
Concurrences must be shown in the
carriers’ tariff and maintained consistent
with the requirements of Part 341 of this
chapter.
9. Amend § 341.9 by:
a. In paragraph (a) introductory text,
revise the first sentence ;
b. Adding paragraph (a)(5) ;
c. Removing paragraphs (b), (c), (d)
and (f); and
d. Redesignating paragraph (e) as
paragraph (b) and revising it.
The revisions and addition read as
follows:
§ 341.9
Index of tariffs.
(a) Each carrier with more than two
tariffs or concurrences must post on its
public Web site a complete index of all
effective tariffs to which it is a party,
either as an initial, intermediate, or
delivering carrier. * * *
*
*
*
*
*
(5) Product Shipped and Origin. Each
index must identify, for each tariff, the
product being shipped and the origin
and destination points for that product.
(b) Updates. The index of tariffs must
be updated within 90 days of any
change to an effective tariff.
§ 341.11
[Amended]
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10. In section 341.11 remove the
second sentence in paragraph (b).
§ 341.13
[Amended]
11. In section 341.13, remove the
second sentence in paragraph (c).
[FR Doc. 2012–26142 Filed 10–26–12; 8:45 am]
BILLING CODE 6717–01–P
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13:05 Oct 26, 2012
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[EPA–R03–OAR–2012–0521; FRL–9745–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Prevention of Significant
Deterioration; Greenhouse Gas
Permitting Authority and Tailoring Rule
Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the Delaware
Department of Natural Resources and
Environmental Control (DNREC). This
revision pertains to EPA’s greenhouse
gas (GHG) permitting provisions as
promulgated on June 3, 2010. This
action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be
received on or before November 28,
2012.
SUMMARY:
Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0521 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: cox.kathleen@epa.gov.
C. Mail: EPA–R03–OAR–2012–0521,
Kathleen Cox, Associate Director, Office
of Permits and Air Toxics, Mailcode
3AP10, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0521. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
ADDRESSES:
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On October 12, 2011, DNREC
submitted a proposed revision to the
Delaware SIP. The revision is to 7 DE
Admin. Code 1125—Requirements for
Preconstruction Review. The
amendments incorporate
preconstruction permitting
requirements for GHG sources
consistent with federal requirements.
I. Background
On October 12, 2011, DNREC
submitted a revision to EPA for
approval into the Delaware SIP to
establish appropriate emission
thresholds for determining which new
or modified stationary sources are
E:\FR\FM\29OCP1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Proposed Rules]
[Pages 65513-65518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26142]
[[Page 65513]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 341
[Docket No. RM12-15-000]
Filing, Indexing and Service Requirements for Oil Pipelines
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission proposes to amend its
regulations under the Interstate Commerce Act.\1\ The Commission
proposes to rewrite, remove, and update its regulations governing the
form, composition and filing of rates and charges by interstate oil
pipelines for transportation in interstate commerce. This proposal is a
part of the Commission's ongoing program to review its filing and
reporting requirements and reduce unnecessary burdens by eliminating
the collection of data that are not necessary to the performance of the
Commission's regulatory responsibilities.
---------------------------------------------------------------------------
\1\ 49 app. U.S.C. 1-85 (2000).
---------------------------------------------------------------------------
DATES: Comments are due November 28, 2012.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
Electronic Filing through https://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.
FOR FURTHER INFORMATION CONTACT:
Aaron Kahn (Technical Issues), 888 First Street NE., Washington, DC
20426, (202) 502-8339, aaron.kahn@ferc.gov.
Michelle A. Davis (Legal Issues), 888 First Street NE., Washington, DC
20426, (202) 502-8687, michelle.davis2@ferc.gov.
141 FERC ] 61,036
Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller,
John R. Norris, Cheryl A. LaFleur, and Tony T. Clark.
Issued October 18, 2012
1. The Federal Energy Regulatory Commission (Commission or FERC)
proposes to amend Part 341 of its regulations to rewrite, remove, and
update its regulations governing the form, composition and filing of
rates and charges by interstate oil pipelines for transportation in
interstate commerce.\2\ This proposal is a part of the Commission's
ongoing program to review its filing and reporting requirements and
reduce unnecessary burdens by eliminating the collection of data that
are not necessary to the performance of the Commission's regulatory
responsibilities.
---------------------------------------------------------------------------
\2\ 18 CFR Part 341 (2012).
---------------------------------------------------------------------------
I. Background
2. Section 6 of the Interstate Commerce Act (ICA) requires
interstate oil pipelines to file rates, fares, and charges for
transportation on their systems, and also to file copies of contracts
with other common carriers for such traffic. Similarly, section 20 of
the ICA requires annual or special reports from carriers subject to the
ICA collected by the Commission.\3\ These requirements are reflected in
18 CFR Parts 341 and 357 of the Commission's regulations.\4\
---------------------------------------------------------------------------
\3\ See 49 U.S.C. app. 6, 20 (1988).
\4\ See also 18 CFR Parts 341, 357 (2012) (implementing the
filing and reporting requirements of sections 6 and 20 of the ICA).
---------------------------------------------------------------------------
3. In 2008, the Commission adopted Order No. 714, which required
that all tariffs and tariff revisions and rate change applications for
oil pipelines and other FERC-regulated entities be filed electronically
according to a set of standards developed in conjunction with the North
American Energy Standards Board.\5\ The Commission adopted Order No.
714, in part, to comply with the Paperwork Reduction Act, the
Government Paperwork Elimination Act, and the E-Government Act of 2002
by developing the capability to file electronically with the Commission
via the Internet. As relevant here, the Commission reasoned that
electronic filing provides for easier tracking of document filing
activity; potentially reduces mailing and courier fees; allows
concurrent access to the tariff filing by multiple parties as well as
the ability to download and print tariff filings; and provides
automatic email notification to an applicant of receipt of the filing.
Consequently, since April 1, 2010, all tariff filings with the
Commission must be made electronically.\6\
---------------------------------------------------------------------------
\5\ Electronic Tariff Filings, Order No. 714, FERC Stats. &
Regs. ] 31,276 (2008).
\6\ Id. P 104.
---------------------------------------------------------------------------
II. Discussion
4. As noted, sections 6 and 20 of the ICA require interstate oil
pipelines to file rates, fares, and charges for transportation on their
systems, and also to file copies of contracts with other common
carriers for such traffic. The Commission now proposes an overhaul of
its regulations in Part 341 that incorporate ``housekeeping'' changes
to eliminate obsolete language and sections. The proposed Part 341
changes represent reorganization, rewriting, updating, modification,
consolidation, and pruning of the current regulations. The changes
provide for more useful and less burdensome data filed in electronic
format. In an effort to increase public access to interstate oil
pipeline tariffs, reduce interstate oil pipelines' regulatory burden of
making tariff filings, and to improve interstate oil pipeline service
to their shippers, the Commission proposes modifying Part 341 of its
regulations. Many of these changes reflect the requirements established
in Order No. 714.
III. Proposed Revisions
A. Posting Requirements
1. Eliminating Paper Posting
5. Consistent with the Commission's goal to streamline its
procedures to eliminate unnecessary regulatory obligations, the
Commission proposes to eliminate the paper posting requirements of
sections 341.0(a)(7), 341.7, and 341.3(c) of its regulations. Section
341.0(a)(7) currently provides that oil pipelines must post their
tariffs by making them ``available during regular business hours for
public inspection in a convenient form and place at the carrier's
principal office and other offices of the carrier where business is
conducted with affected shippers, or placing a copy on the Internet in
a form accessible by the public.'' Similarly, section 341.7 requires
that ``[c]oncurrences must be maintained at carriers' offices and
produced upon request.'' \7\ Lastly, section 341.3(c) lays out the
requirements for ``loose-leaf tariffs,'' i.e., paper tariffs.
---------------------------------------------------------------------------
\7\ 18 CFR 341.7 (2012). See also 18 CFR 341.0(a)(2) (defining a
concurrence as the agreement of a carrier to participate in the
joint rates or regulations published by another carrier).
---------------------------------------------------------------------------
6. The Commission proposes to revise 341.0(a)(7) to eliminate the
requirement that oil pipelines make their tariffs ``available for
public inspection in a convenient form and place at the
[[Page 65514]]
carriers' principal office and other offices where business is
conducted.'' Instead, consistent with the requirements for public
utilities and interstate natural gas pipelines, the Commission proposes
to mandate that oil pipelines electronically post their currently
effective, pending and suspended tariffs on their public Web sites.\8\
The Commission also proposes to revise section 341.7 of its regulations
to eliminate the requirement that ``concurrences be maintained at
carriers' offices'' in paper form. In conjunction with these changes,
the Commission proposes to update section 341.3 of its regulations by
removing subsection 341.3(c), which references outdated ``loose-leaf
tariffs.'' These proposals should reduce the burden on interstate oil
pipelines while increasing the ease of accessing oil pipeline tariffs
for shippers and possibly the oil pipelines themselves.
---------------------------------------------------------------------------
\8\ The terms of ``effective,'' ``pending'' and ``suspended''
are those used by Order No. 714 and eTariff, and for this document.
The equivalent terms in 18 CFR 341.0(b)(4) (2012) are ``current,''
``proposed'' and ``suspended,'' respectively. See also 18 CFR 35.7
(2012) (establishing the Public Utility Electronic Filing
Requirements) and 18 CFR 284.12 (2012) (establishing the Natural Gas
Electronic Filing Requirements).
---------------------------------------------------------------------------
2. Service of Filings
7. The Commission proposes to revise section 341.1(a) of its
regulations to become consistent with section 385.2010 of its
regulations by eliminating an oil pipeline's obligation to ``serve
tariff publications and justifications to each shipper and subscriber''
by paper. Section 385.2010(f)(2) provides that, subject to certain
limitations and exceptions, ``service of any document in proceedings
commenced on or after March 21, 2005, must be made by electronic means
unless the sender and recipient agree otherwise or the recipient's
email address is unavailable from the official service list.'' \9\ This
proposed change will create a uniform service requirement for all
Commission-regulated entities and eliminate any ambiguity regarding the
Commission's preferred mode of service. Moreover, this proposal should
reduce the burden on interstate oil pipelines while increasing ease of
tracking document filing activity and potentially reducing mailing and
courier fees.
---------------------------------------------------------------------------
\9\ 18 CFR 385.2010 (2012).
---------------------------------------------------------------------------
3. Index of Effective Tariffs
8. As part of its efforts to eliminate unnecessary filing
requirements, the Commission proposes to make changes to section 341.9
of its regulations, which specifies the information that an oil
pipeline's tariff index must contain and how it must be organized.
Section 341.9(a) of the Commission's regulations provides that each
Commission-regulated ``carrier must publish as a separate tariff
publication under its FERC Tariff numbering system, a complete index of
all effective tariffs to which it is a party * * *.'' Section 341.9(e)
further provides that the ``index must be kept current by supplements
numbered consecutively. The supplements may be issued quarterly. At a
minimum, the index must be reissued every four years.''
9. The Commission proposes to eliminate the requirement that oil
pipelines make a tariff filing setting forth an index of all effective
tariffs to which it is a party and replace such requirement with an
obligation that oil pipelines post the index of tariffs on their public
Web sites. The Commission also proposes to simplify the information oil
pipelines must include by requiring that the index of tariffs identify
for each tariff: (1) The product being shipped and (2) the origin and
destination points for that product. The Commission further proposes
that oil pipelines update the index of tariffs within ninety days of
any change.
10. This proposal would eliminate the need of an oil pipeline to
make a tariff filing. The posting of index tariffs on an oil pipeline's
public Web site would also provide shippers with more current
information. Importantly, this proposal would simplify what is required
to be contained in the index of tariffs without negatively impacting
the information provided to shippers.
11. Similarly, many oil pipelines only have one or two tariffs on
file with the Commission. For oil pipelines with a limited number of
tariffs, the Commission questions the value of an index of tariffs and
believes that such index provides little benefit to shippers.
Therefore, the Commission proposes to require only oil pipelines with
more than two tariffs to maintain an index of tariffs on their public
Web sites. The Commission estimates that the proposed changes to the
index of tariff requirements will eliminate approximately twenty-two
unnecessary filings each year. These changes will still provide
shippers and the public at large with current and useful information,
without any negative impact.
B. Electronic Updates and Filing Requirements
12. Many of the tariff filing and tariff maintenance requirements
currently stated in part 341 of the Commission's regulations are
premised on the maintenance of paper records. Since the implementation
of Order No. 714, however, some oil pipeline tariff filings are now
obsolete. In light of these changes, as explained below, the Commission
proposes removing the filing requirements for amendments to tariff
provided for under section 341.4 of the Commission's regulations,
including the amendment and suspension requirements.
1. Tariff Supplements
13. Section 341.4(a)(1) of the Commission's regulations allows an
oil pipeline's tariff to be supplemented only once.\10\ The Commission
believes that this provision is now outdated because it is practical
for oil pipelines to modify electronic tariffs at any time.
Accordingly, the Commission proposes to delete the provisions in
section 341.4(a)(1).
---------------------------------------------------------------------------
\10\ 18 CFR 341.4(a)(1) (2012) (limiting supplements to one
effective supplement per tariff, except for cancellation,
postponement, adoption, corrections, and suspension supplements).
---------------------------------------------------------------------------
2. Amended, Canceled or Reissued Tariff Supplement Data
14. Section 341.4(a)(2) of the Commission's regulations sets forth
the requirements for maintenance of oil pipeline tariffs that are
amended, canceled, or reissued.\11\ In Order No. 714, the Commission
required oil pipelines to maintain Record Version Numbers for each
tariff record.\12\ Consequently, supersession data is now maintained
electronically \13\ and the provisions set forth in section 341.4(a)(2)
are obsolete. Consequently, the Commission proposes deleting these
provisions.
---------------------------------------------------------------------------
\11\ 18 CFR 341.4(a)(2) (2012).
\12\ Record Version Number is the representation of the version
of the Tariff Record. See Implementation Guide for Electronic Filing
of Parts 35, 154, 284, 300 and 341 Tariff Filings (Implementation
Guide) located on the Commission Web site.
\13\ Tariff record supersession data includes the following:
Record Current Status, Current Effective Date, and FERC Order Date.
See eTariff Viewer located on the Commission's Web site at https://www.ferc.gov/.
---------------------------------------------------------------------------
3. Cancelling Tariffs
15. The Commission proposes to consolidate the instructions for
cancellation of tariffs into Section 341.5 of the Commission's
regulations.\14\ Section 341.4(b) of the Commission's regulations
requires oil pipelines to file supplements to an amendment to a tariff
``when tariffs are canceled without reissue.'' \15\ Section 341.5 of
the
[[Page 65515]]
Commission's regulations also details requirements in the event that an
oil pipeline's tariff is canceled. Rather than addressing cancelation
in two separate regulations, the Commission proposes to consolidate and
simplify the requirements relating to oil pipeline tariff cancelations
into section 341.5 of the Commission's regulations by detailing that if
an oil pipeline tariff is no longer offered, then the oil pipeline must
cancel such tariff within thirty days of the termination of the tariff.
---------------------------------------------------------------------------
\14\ 18 CFR 341.5 (2012).
\15\ 18 CFR 341.4(b) (2012). See also 18 CFR 341.3(b)(10)(ii)
(2012) (detailing tariff reissuance requirements).
---------------------------------------------------------------------------
4. Suspension Supplements
16. The Commission proposes to eliminate the filing requirements
for oil pipeline suspension supplements required by section 341.4(f) of
the Commission's regulations. Section 341.4(f) provides for oil
pipelines a ``suspension supplement must be filed for each suspended
tariff or suspended part of a tariff within 30 days of the issuance of
a suspension order.'' \16\ Section 341.1(f) further provides that the
suspension supplement, which must be served on all subscribers, ``must
include the date it is issued, a reproduction of the ordering
paragraphs of the suspension order, a statement that the tariff or
portion of the tariff was suspended until the date stated in the
suspension order, a reference to the docket number under which the
suspension order was issued, and a statement that the previous tariff
publication remains in effect.''
---------------------------------------------------------------------------
\16\ 18 CFR 341.4(f) (2012).
---------------------------------------------------------------------------
17. This suspension supplement tariff record filing was originally
premised on the maintenance of a paper records and the service of such
paper tariff records, which is now obsolete because of the electronic
filing requirements of Order No. 714. Accordingly, the Commission
proposes eliminating the current filing requirements of section
341.4(f) and replacing them with an obligation of oil pipelines to
serve Commission suspension orders on individual pipeline subscriber
lists. This will eliminate the tariff filing for the suspension
supplement, as well as subsequent filings an oil pipeline must make to
remove a suspension supplement. The Commission estimates that this will
eliminate approximately twelve filings each year.
5. Amendments to Tariffs
18. The Commission proposes further revisions to section 341.4 of
its regulations to treat all amendments to pending tariffs, whether
ministerial or substantive, in the same manner as they are treated for
public utilities and natural gas companies. Section 341.4(e) of the
Commission's regulations limits an oil pipeline from filing more than
three ``correction supplements'' to correct ``typographical or clerical
errors'' per tariff. In contrast, the Commission's regulations do not
allow an oil pipeline to make non-ministerial tariff changes without
filing to withdraw any pending proposal and making a new tariff filing.
19. In the electronic filing environment established by Order No.
714, the Commission does not believe that it should limit the number of
times an oil pipeline may make corrections to a tariff record.
Therefore, the Commission proposes to revise section 341.4 of its
tariff to treat all amendments to pending tariff records, whether
ministerial or substantive, the same to allow an oil pipeline to file
to amend or to modify a tariff record at any time during the pendency
of the Commission acting on such tariff record. In addition, the
Commission proposes creating a tariff record amendment process that
parallels the existing business process for amending pending statutory
tariff filings under its public utility and natural gas programs.\17\
Under this proposal, an oil pipeline will be able to keep its requested
effective date from its original tariff record filing, while giving
interested parties a full comment period to address any issues relating
to a proposed amendment. An amendment will toll the notice period as
provided in section 341.2(b) of the Commission's regulations, for the
original filing, and establish a new date for final Commission action.
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\17\ 18 CFR 35.17(b) and 18 CFR 154.205(b) (2012)
(respectively).
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6. Adoption
20. Section 341.6(a) provides an oil pipeline must file a tariff
and ``notify the Commission when there is: (1) A change in the legal
name of the carrier; (2) a transfer of all of the carrier's properties;
or (3) a change in ownership of only a portion of the carrier's
property.'' This filing must be made by the oil pipeline ``as soon as
possible but no later than [thirty] days following such occurrence.''
This filing is commonly known as an ``Adoption Notice.'' Section
341.6(c) further provides that ``when a carrier changes its legal name,
or when ownership of all a carrier's properties is transferred, or when
the ownership of a portion of a carrier's properties is transferred to
another carrier, the adopting carrier must file and post an adoption
notice.'' In these instances, the adopting oil pipeline must make a
tariff filing within thirty days transferring into its Commission
tariff records, the rates that the adopting oil pipeline is adopting
(filing to bring tariffs forward).
21. To eliminate unnecessary filings, the Commission proposes
consolidating the Adoption Notice filing and the filing to integrate
the tariff records of the adopting carrier. To implement this change,
the Commission proposes modeling sections 341.6(a) on section 154.603
of the Commission's natural gas regulations. Section 154.603 provides
that ``[w]henever the tariff * * * of a natural gas company on file
with the Commission is to be adopted by another company or person as a
result of an acquisition, or merger * * * the succeeding company must
file with the Commission, and post within 30 days after such
succession, a tariff filing * * * bearing the name of the successor
company.'' The Commission estimates that this proposal will eliminate
approximately fifteen Adoption Notice filings each year.
7. Implementation
22. If the Commission adopts the proposed changes to the types of
filings discussed above, the Secretary of the Commission will issue a
revised list of Type of Filing Codes.\18\
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\18\ See 18 CFR 375.302(z) (2012). The Implementation Guide
describes the Type of Filing contents. The Type of Filing Code list
is posted on the Commission's Web site at https://www.ferc.gov/docs-filing/etariff/filing_type.csv.
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IV. Information Collection Statement
23. The Office of Management and Budget (OMB) regulations require
approval of certain information collection requirements imposed by
agency rules.\19\ Upon approval of a collection(s) of information, OMB
will assign an OMB control number and an expiration date. Respondents
subject to the filing requirements of an agency rule will not be
penalized for failing to respond to these collections of information
unless the collections of information display a valid OMB control
number. The Paperwork Reduction Act (PRA) \20\ requires each Federal
agency to seek and obtain OMB approval before undertaking a collection
of information directed to ten or more persons or contained in a rule
of general applicability.\21\
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\19\ 5 CFR 1320 (2012).
\20\ 44 U.S.C. 3501-3520 (2012).
\21\ OMB's regulations at 5 CFR 1320.3(c)(4)(i) (2012) require
that ``Any recordkeeping, reporting, or disclosure requirement
contained in a rule of general applicability is deemed to involve
ten or more persons.''
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24. The Commission is submitting these reporting requirements to
OMB for its review and approval under section 3507(d) of the PRA.
Comments are
[[Page 65516]]
solicited on the Commission's need for this information, whether the
information will have practical utility, the accuracy of provided
burden estimates, ways to enhance the quality, utility, and clarity of
the information to be collected, and any suggested methods for
minimizing the respondent's burden, including the use of automated
information techniques.
25. The Commission's estimate of the change in Public Reporting
Burden and cost related to the proposed rule in Docket RM12-15-000
follow.
26. The proposed regulations will eliminate or reduce several
filing requirements as obsolete and no longer necessary. The eliminated
or reduced filings include the filing of Index of Tariffs, reduced
number of adoption filings, eliminated suspension supplements, and
reduced number of filings necessary to amend incorrect filings. Based
upon a review of the filings made by interstate oil pipelines since
eTariff was implemented in April 2010, the Commission estimates a
reduction of 99 tariff filings and 1,082 burden hours per year, as
shown in the table below.
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\22\ The cost figure is based on management analyst work at
$38.50 per hour. We adjusted the $38.50 figure to account for
benefits resulting in a loaded figure of $55 per hour ($38.5/0.704).
We obtained wage and benefit information from Bureau of Labor
Statistics information at https://bls.gov/oes/current/naics2_22.htm
and https://www.bls.gov/news.release/ecec.nr0.htm.
----------------------------------------------------------------------------------------------------------------
Estimated
RM12-15, FERC-550 Reduction in hours per Total hours Total cost
filings filing reduction\22\
----------------------------------------------------------------------------------------------------------------
Revised 341.4, Amendments to tariff filings..... 50 11 550 $30,250
Revised 341.6, Adoption of the tariff by a 15 11 165 9,075
successor......................................
Elimination of 341.4(f) (Suspension Supplements) 12 11 132 7,260
Revised 341.9, Index of Tariffs................. 22 11 242 13,310
---------------------------------------------------------------
Total....................................... 99 .............. 1,089 59,895
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27. The Commission proposes to revise Part 341's tariff posting
requirements for interstate oil pipelines from paper to electronic
format. There is no change in burden for the pipelines to maintain the
status of their tariffs for public inspection, as that requirement is
unchanged. The Commission recognizes that there will be a one-time
increased burden involved in the initial implementation associated with
purchasing software and updating Web sites to post their tariff
electronically. We estimate a one-time additional cost of $250 per
respondent for non-labor costs. Additionally we estimate a one-time
hourly burden of 20 hours per respondent for updating the web sites for
posting of the tariffs.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total
Number of Estimated Total additional one- estimated one-
RM12-15, FERC-550 pipelines with additional one- estimated time non-labor time hourly
tariffs time burden per additional one- hours cost per burden cost per
filer time burden filer filer
............... (hr.) (hr.) ($) ($)
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Revisions to 18 CFR Part 341....................................... 167 20 3,340 250 1,097
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Information Collection Costs: The Commission seeks comments on the
costs and burden to comply with these requirements.
Total additional one-time non-labor hour cost = $41,750 ($250 per
respondent).\23\
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\23\ The $250 is an aggregate number. Some respondents will
incur little to no expense in order to satisfy the proposals in this
rulemaking as they already post their tariffs on their web sites
and/or have software with that functionality.
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Savings per year = $468 per respondent.\24\
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\24\ Based on an annual reduction of $59,895 divided by 128, the
average number of respondents per year. The number of pipelines with
tariffs is greater than the number of respondents because not all
pipelines with tariffs make tariff filings every year.
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Total additional one-time hourly burden cost = $183,199 ($1,097 per
respondent).\25\
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\25\ The cost figure is based on 5 hours of computer analyst
work ($39.02/hour) and 15 hours of management analyst work ($38.50/
hour) resulting in a total of $772.60. We adjusted the $772.60
figure to account for benefits resulting in a loaded figure of
$1,097 ($772.60/0.704). We obtained wage and benefit information
from the Bureau of Labor Statistics (at https://bls.gov/oes/current/naics2_22.htm and at https://www.bls.gov/news.release/ecec.nr0.htm).
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Burden hour savings per year after implementation year = 8.4 hours per
respondent
Title: FERC-550, Oil Pipeline: Tariff Filing
Action: Proposed Revisions to the FERC-550.
OMB Control No: 1902-0089.
Respondents: Public and non-public utilities.
Frequency of Responses: Initial implementation and ongoing
reduction in burden.
Necessity of the Information: The proposals in this Proposed Rule
would, if implemented, increase transparency to both shippers and the
public, simplify some filings, reduce the regulatory burden placed on
oil pipelines, and modernize Part 341 in accordance with the
Commission's electronic systems.
Internal review: The Commission has reviewed the proposed changes
and has determined that the changes are necessary. These requirements
conform to the Commission's need for efficient information collection,
communication, and management within the energy industry. 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 reporting
requirements 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 of this
rule may also be sent to the Office of
[[Page 65517]]
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 No. 1902-0089, FERC-550 and the docket number of this proposed
rulemaking in your submission.
V. Environmental Analysis
28. 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.\26\ The
actions taken here fall within categorical exclusions in the
Commission's regulations for information gathering, analysis, and
dissemination.\27\ Therefore, an environmental assessment is
unnecessary and has not been prepared in this rulemaking.
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\26\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, FERC Stats. & Regs., Regulations Preambles 1986-
1990 ] 30,783 (1987).
\27\ 18 CFR 380.4(a)(5) (2012).
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VI. Regulatory Flexibility Act Certification
29. The Regulatory Flexibility Act of 1980 (RFA) requires agencies
to prepare certain statements, descriptions, and analyses of proposed
rules that will have a significant economic impact on a substantial
number of small entities.\28\ Agencies are not required to make such an
analysis if a rule would not have such an effect.
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\28\ 5 U.S.C. 601-12 (2012).
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30. The Commission does not believe that this proposed rule will
have a significant impact on small entities, nor will it impose upon
them any significant costs of compliance. The Commission identified 29
small entities as respondents to the requirements in the proposed
rule.\29\ As explained above, the changes to Part 341 of the
Commission's regulations will only impose a small burden in the first
year ($2,460 per respondent), and will result in net savings for other
years ($3,369 per company). The Commission does not estimate that there
are any other regulatory burdens associated with this final rule. Thus,
the Commission certifies that the final rule would not have a
significant economic impact on a substantial number of small entities.
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\29\ 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 that is independently owned
and operated and that is not dominant in its field of operation. 15
U.S.C. 632 (2012). The Small Business Size Standards component of
the North American Industry Classification System defines a small
oil pipeline company as one with less than 1,500 employees. See 13
CFR Parts 121, 201 (2012).
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VII. Comment Procedures
31. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due November 28, 2012. Comments must refer to
Docket No. RM12-15-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
32. The Commission encourages comments to 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. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
33. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
34. 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. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
VIII. Document Availability
35. 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 (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
36. From the Commission's Home Page on the Internet, this
information is available on 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 of this document in
the docket number field.
37. 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 email at
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
public.referenceroom@ferc.gov.
List of subjects in 18 CFR Part 341
Pipelines, Reporting and recordkeeping requirements.
By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission proposes to amend
Part 341, Chapter I, Title 18, Code of Federal Regulations, as follows.
PART 341--OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO
SECTION 6 OF THE INTERSTATE COMMERCE ACT
1. The authority citation for Part 341 continues to read as
follows:
Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27.
2. Section 341.0(a)(7) is revised to read as follows:
Sec. 341.0 Definitions; application.
(a) * * *
(7) Posting or Post means making current, proposed and suspended
tariffs available on a carrier's public Web site.
* * * * *
3. In Sec. 341.2(a)(1), revise the third sentence in paragraph
341.2(a)(1), to read as follows:
Sec. 341.2 Filing requirements.
(a) * * *
(1) * * * Such service shall be made in accordance with the
requirements of Sec. 385.2010 of this chapter.
* * * * *
Sec. 341.3 [Amended]
4. In Sec. 341.3 remove paragraph (c).
5. Section 341.4 is revised to read as follows:
Sec. 341.4 Amendments of tariff filings.
A carrier may file to amend or modify a tariff contained in a
tariff filing at any time during the pendency of the filing. Such
filing will toll the notice period as provided in Sec. 341.2(b) for
the original filing, and establish a new date on which the entire
filing will become effective, in the absence of Commission action, no
earlier than 31 days from the date of the filing of the amendment or
modification.
[[Page 65518]]
6. Section 341.5 is revised to read as follows:
Sec. 341.5 Cancellation of Tariffs.
Carriers must cancel tariffs when the service or transportation
movement is terminated. If the service in connection with the tariff is
no longer in interstate commerce, the tariff publication must so state.
Carrier must file such cancellations within 30 days of the termination
of service.
7. Section 341.6 is revised to read as follows:
Sec. 341.6 Adoption of the tariff by a successor.
Whenever the tariff(s) of a carrier on file with the Commission are
to be adopted by another carrier as a result of an acquisition, merger,
or name change, the succeeding company must file with the Commission,
and post within 30 days after such succession, a tariff in the
electronic format required by Sec. 341.1 bearing the name of the
successor company.
8. Section 341.7 is revised to read as follows:
Sec. 341.7 Concurrences.
Concurrences must be shown in the carriers' tariff and maintained
consistent with the requirements of Part 341 of this chapter.
9. Amend Sec. 341.9 by:
a. In paragraph (a) introductory text, revise the first sentence ;
b. Adding paragraph (a)(5) ;
c. Removing paragraphs (b), (c), (d) and (f); and
d. Redesignating paragraph (e) as paragraph (b) and revising it.
The revisions and addition read as follows:
Sec. 341.9 Index of tariffs.
(a) Each carrier with more than two tariffs or concurrences must
post on its public Web site a complete index of all effective tariffs
to which it is a party, either as an initial, intermediate, or
delivering carrier. * * *
* * * * *
(5) Product Shipped and Origin. Each index must identify, for each
tariff, the product being shipped and the origin and destination points
for that product.
(b) Updates. The index of tariffs must be updated within 90 days of
any change to an effective tariff.
Sec. 341.11 [Amended]
10. In section 341.11 remove the second sentence in paragraph (b).
Sec. 341.13 [Amended]
11. In section 341.13, remove the second sentence in paragraph (c).
[FR Doc. 2012-26142 Filed 10-26-12; 8:45 am]
BILLING CODE 6717-01-P
