Notice of Revised Procedures Affecting Applications and Authorizations for the In-Transit Movement of Natural Gas, 59436-59437 [2016-20802]

Download as PDF 59436 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations vaccinations, such recommendations must be supported by data acceptable to APHIS. In the absence of data that establish the need for booster vaccination, labeling must bear the following statement: ‘‘The need for annual booster vaccinations has not been established for this product; consultation with a veterinarian is recommended.’’ * * * * * (i) All but very small final container labels for feline panleukopenia vaccines shall contain the following recommendations for use: (1) Killed virus vaccines. Vaccinate healthy cats with one dose, except that if the animal is less than 12 weeks of age, a second dose should be given no earlier than 16 weeks of age. (2) Modified live virus vaccines. Vaccinate healthy cats with one dose, except that if the animal is less than 12 weeks of age, a second dose should be given no earlier than16 weeks of age. * * * * * (l) All labels for autogenous biologics must specify the name of the microorganism(s) or antigen(s) that they contain, and shall bear the following statement: ‘‘Potency and efficacy of autogenous biologics have not been established. This product is prepared for use only by or under the direction of a veterinarian or approved specialist.’’ * * * * * (n) All labels for conditionally licensed products shall bear the following statement: ‘‘This product license is conditional; efficacy and potency have not been fully demonstrated.’’ * * * * * PART 113—STANDARD REQUIREMENTS 11. The authority citation for part 113 continues to read as follows: ■ Authority: 21 U.S.C. 151–159; 7 CFR 2.22, 2.80, and 371.4. § 113.206 [Amended] 12. In § 113.206, paragraph (d)(2) is amended by removing the reference ‘‘§ 112.7(i)’’ and adding the reference ‘‘§ 112.7(h)’’ in its place. ■ mstockstill on DSK3G9T082PROD with RULES PART 114—PRODUCTION REQUIREMENTS FOR BIOLOGICAL PRODUCTS 13. The authority citation for part 114 continues to read as follows: ■ Authority: 21 U.S.C. 151–159; 7 CFR 2.22, 2.80, and 371.4. 14. Section 114.11 is revised to read as follows: ■ VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 § 114.11 Storage and handling. Biological products at licensed establishments must be protected at all times against improper storage and handling. Completed product must be kept under refrigeration at 35 to 46 °F (2 to 8 °C), unless the inherent nature of the product makes storage at different temperatures advisable, in which case, the proper storage temperature must be specified in the filed Outline of Production. All biological products to be shipped or delivered must be securely packed. Done in Washington, DC, this 24th day of August 2016. Elvis S. Cordova, Deputy Under Secretary for Marketing and Regulatory Programs. [FR Doc. 2016–20749 Filed 8–29–16; 8:45 am] BILLING CODE 3410–34–P in-transit shipments, and are tracked accordingly. DATES: Effective August 30, 2016. FOR FURTHER INFORMATION CONTACT: Brian Lavoie or Larine Moore, U.S. Department of Energy (FE–34), Office of Regulation and International Engagement, Office of Fossil Energy, Forrestal Building, Room 3E–042, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586– 2459; (202) 586–9478. Edward Myers, U.S. Department of Energy (GC–76), Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586– 3397. SUPPLEMENTARY INFORMATION: I. Background DEPARTMENT OF ENERGY 10 CFR Part 590 Notice of Revised Procedures Affecting Applications and Authorizations for the In-Transit Movement of Natural Gas Office of Fossil Energy, DOE. Notice of procedures. AGENCY: ACTION: Pursuant to section 3(a) of the Natural Gas Act (NGA), no person may import or export natural gas without authorization from the Department of Energy (DOE), and DOE will approve such imports or exports unless, after opportunity for a hearing, it determines that the imports or exports are not consistent with the public interest. Section 3(c) of the NGA provides that imports and exports of natural gas from or to countries with which the United States has entered into a free trade agreement (FTA) providing for national treatment for trade in natural gas (FTA countries), and all imports of liquefied natural gas (LNG) from any country, are deemed in the public interest and must be granted without modification or delay. This notice serves to clarify that in-transit shipments of natural gas, i.e., shipments of natural gas that only temporarily pass through the United States before returning to their country of origin, or temporarily pass through a foreign country before returning to the United States, for consumption or other disposition, are not ‘‘imports’’ or ‘‘exports’’ within the meaning of section 3 of the Natural Gas Act. However, DOE will impose monthly reporting requirements on persons making such shipments in order to ensure these movements meet the criteria defining SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 In DOE/FE Order No. 3769,1 DOE concluded that ‘‘Congress likely did not intend the words ‘‘import’’ and ‘‘export’’ to capture any movement of natural gas across the U.S. border, but rather intended to leave some discretion to the Federal Power Commission (the [DOE’s] predecessor in administering NGA Section 3, 15 U.S.C. 717b) on that question.’’ 2 Further, DOE concluded that ‘‘in-transit shipments returning to the country of origin are not imports or exports within the meaning of section 3 of the Natural Gas Act.’’ 3 Consequently, DOE concluded ‘‘that in-transit shipments returning to the country of origin fall outside [DOE’s] jurisdiction under NGA section 3.’’ 4 This Notice sets forth procedures for the submission of information concerning in-transit shipments returning to the country of origin. DOE considers an ‘‘in-transit shipment returning to the country of origin’’ as a shipment of natural gas through the United States between points of a single foreign nation, or through a single foreign nation between points in the United States, that are physical and direct. ‘‘Physical’’ means that the natural gas will be transported between two cross-border points. Thus, exchanges by backhaul or displacement, or other virtual shipments, do not qualify as in-transit shipments for 1 Bear Head LNG Corporation & Bear Head LNG, LLC, DOE/FE Order No. 3769, FE Docket No. 15– 14–NG, Opinion and Order Dismissing Application for In-Transit Shipments of Canadian-Sourced Natural Gas and Directing Submission of Information Concerning In-Transit Shipments Returning to the Country of Origin (Feb. 5, 2016). 2 Id. at 8. 3 Id. at 9. 4 Id. at 10. E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES purposes of this Order. ‘‘Direct’’ means that the natural gas must not be diverted for other purposes but must travel a commercially reasonable path between points in one country consistent with an intention merely to transit the other country. And, consistent with the U.S. Customs and Border Patrol regulations concerning in-transit shipments,5 to qualify as ‘‘in-transit’’ the natural gas must cross points of entry and exit at the United States border within a 30-day period. DOE expects the reporting of intransit volumes—noting any line losses and/or natural gas that may be consumed as fuel during the transit process—to be made to the Department within 30 days following the month during which the in-transit shipment took place. The purpose of reporting the in-transit volumes is to confirm the nonjurisdictional status of such shipments and to understand the extent to which imports and exports are affecting the domestic natural gas market, and what movements of natural gas are limited to utilizing natural gas infrastructure and not directly impacting natural gas supply or demand. Additional information on reporting volumes is available at: https://energy.gov/fe/ services/natural-gas-regulation/ guidelines-filing-monthly-reports. II. Reporting Requirements for InTransit Shipments of Natural Gas a. The entity holding title to the natural gas as it crosses borders shall file with the Office of Regulation and International Engagement, a report due not later than the 30th day of the month following the month of completion of an in-transit shipment. The report must give the following details of each intransit shipment returning to the country of origin, including cases where natural gas originates from the United States and undergoes in-transit shipment and where natural gas originates in another country and transits the United States: (1) The name of the country that is both the origin and final destination, (2) the name of the country through which the gas is transported before returning to the origin country (the transit country—this may be either the United States or another country) (3) the initial border crossing point, (4) the foreign pipeline at the initial border crossing point, (5) the U.S. pipeline at the initial border crossing point, (6) the final border crossing point, (7) the foreign pipeline at the final border crossing point, (8) the U.S. pipeline at the final border crossing point, (9) the volume of natural gas moving through the final border 5 See crossing point, (10) the month and year in which the in-transit shipment took place, (11) the name of the entity that has title to the natural gas during the intransit movement, (12) the name of the individual who prepared the report, and (13) contact information. (Approved by the Office of Management and Budget under OMB Control No. 1901–0294.) b. To show that no deliveries into or out of United States commercial markets have occurred, DOE/FE additionally requests clarification in monthly reports for in-transit shipments specifying the difference in volumes entering the transit country and volumes leaving the transit country and the reason for any such differences, to the extent the information is available. c. The entity holding title to the natural gas as it crosses borders shall maintain copies of the reports filed under paragraph a., supra, for each intransit shipment returning to the country of origin for a period of one year after completion of the in-transit shipment, and provide that information to DOE/FE upon request. d. All monthly report filings shall be made to U.S. Department of Energy (FE– 34), Office of Fossil Energy, Office of Regulation and International Engagement, P.O. Box 44375, Washington, DC 20026–4375, Attention: Natural Gas Reports. Alternatively, reports may be emailed to ngreports@ hq.doe.gov, or may be faxed to Natural Gas Reports at (202) 586–6050. e. Companies that currently use import and export authorizations to report in-transit natural gas shipments may continue to report under their authorizations, but no new authorizations dedicated solely to intransit shipments will be issued. Companies should not apply for new import and export authorizations if they plan on only conducting in-transit natural gas transactions. f. Companies may use approved OMB information collection forms, which will be available on DOE/FE’s Web site at: https://www.energy.gov/fe/services/ natural-gas-regulation/in-transit. g. Companies can submit in-transit reports without docket or order numbers, if not reporting under authorizations permitting both imports and exports. This Notice is effective immediately upon issuance. 19 CFR 18.31, 18.2(c)(2). VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 59437 Issued in Washington, DC, on August 23, 2016. John A. Anderson, Director, Office of Regulation and International Engagement, Office of Oil and Natural Gas. [FR Doc. 2016–20802 Filed 8–29–16; 8:45 am] BILLING CODE 6450–01–P FARM CREDIT SYSTEM INSURANCE CORPORATION 12 CFR Part 1402 RIN 3055–AA12 Releasing Information; Availability of Records of the Farm Credit System Insurance Corporation; Fees for Provision of Information Farm Credit System Insurance Corporation. ACTION: Final rule. AGENCY: The Farm Credit System Insurance Corporation (Corporation) issues a final rule amending its regulations to reflect changes to the Freedom of Information Act (FOIA). The FOIA Improvement Act of 2016 requires the Corporation to amend its FOIA regulations to extend the deadline for administrative appeals, to add information on dispute resolution services, and to amend the way the Corporation charges fees. DATES: Effective date: This regulation will become effective October 1, 2016. FOR FURTHER INFORMATION CONTACT: Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102, (703) 883–4380, TTY (703) 883–4390. SUPPLEMENTARY INFORMATION: SUMMARY: I. Objective The objective of this final rule is to reflect changes to the FOIA by the FOIA Improvement Act of 2016 (Improvement Act). The Improvement Act addresses a range of procedural issues, including requirements that agencies establish a minimum of 90 days for requesters to file an administrative appeal and that they provide dispute resolution services at various times throughout the FOIA process. The Improvement Act also updates how fees are assessed. We revise the regulations as follows: (1) In § 1402.14, a. By changing the appeals deadline from 30 days to 90 days in paragraph (b); b. By adding FCSIC’s FOIA Public Liaison and the Office of Government Information Services to the list of offices E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

DEPARTMENT OF ENERGY

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59436-59437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20802]


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DEPARTMENT OF ENERGY

10 CFR Part 590


Notice of Revised Procedures Affecting Applications and 
Authorizations for the In-Transit Movement of Natural Gas

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of procedures.

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

SUMMARY: Pursuant to section 3(a) of the Natural Gas Act (NGA), no 
person may import or export natural gas without authorization from the 
Department of Energy (DOE), and DOE will approve such imports or 
exports unless, after opportunity for a hearing, it determines that the 
imports or exports are not consistent with the public interest. Section 
3(c) of the NGA provides that imports and exports of natural gas from 
or to countries with which the United States has entered into a free 
trade agreement (FTA) providing for national treatment for trade in 
natural gas (FTA countries), and all imports of liquefied natural gas 
(LNG) from any country, are deemed in the public interest and must be 
granted without modification or delay. This notice serves to clarify 
that in-transit shipments of natural gas, i.e., shipments of natural 
gas that only temporarily pass through the United States before 
returning to their country of origin, or temporarily pass through a 
foreign country before returning to the United States, for consumption 
or other disposition, are not ``imports'' or ``exports'' within the 
meaning of section 3 of the Natural Gas Act. However, DOE will impose 
monthly reporting requirements on persons making such shipments in 
order to ensure these movements meet the criteria defining in-transit 
shipments, and are tracked accordingly.

DATES: Effective August 30, 2016.

FOR FURTHER INFORMATION CONTACT: 
Brian Lavoie or Larine Moore, U.S. Department of Energy (FE-34), Office 
of Regulation and International Engagement, Office of Fossil Energy, 
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., 
Washington, DC 20585, (202) 586-2459; (202) 586-9478.
Edward Myers, U.S. Department of Energy (GC-76), Office of the 
Assistant General Counsel for Electricity and Fossil Energy, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 
586-3397.

SUPPLEMENTARY INFORMATION: 

I. Background

    In DOE/FE Order No. 3769,\1\ DOE concluded that ``Congress likely 
did not intend the words ``import'' and ``export'' to capture any 
movement of natural gas across the U.S. border, but rather intended to 
leave some discretion to the Federal Power Commission (the [DOE's] 
predecessor in administering NGA Section 3, 15 U.S.C. 717b) on that 
question.'' \2\ Further, DOE concluded that ``in-transit shipments 
returning to the country of origin are not imports or exports within 
the meaning of section 3 of the Natural Gas Act.'' \3\ Consequently, 
DOE concluded ``that in-transit shipments returning to the country of 
origin fall outside [DOE's] jurisdiction under NGA section 3.'' \4\ 
This Notice sets forth procedures for the submission of information 
concerning in-transit shipments returning to the country of origin.
---------------------------------------------------------------------------

    \1\ Bear Head LNG Corporation & Bear Head LNG, LLC, DOE/FE Order 
No. 3769, FE Docket No. 15-14-NG, Opinion and Order Dismissing 
Application for In-Transit Shipments of Canadian-Sourced Natural Gas 
and Directing Submission of Information Concerning In-Transit 
Shipments Returning to the Country of Origin (Feb. 5, 2016).
    \2\ Id. at 8.
    \3\ Id. at 9.
    \4\ Id. at 10.
---------------------------------------------------------------------------

    DOE considers an ``in-transit shipment returning to the country of 
origin'' as a shipment of natural gas through the United States between 
points of a single foreign nation, or through a single foreign nation 
between points in the United States, that are physical and direct. 
``Physical'' means that the natural gas will be transported between two 
cross-border points. Thus, exchanges by backhaul or displacement, or 
other virtual shipments, do not qualify as in-transit shipments for

[[Page 59437]]

purposes of this Order. ``Direct'' means that the natural gas must not 
be diverted for other purposes but must travel a commercially 
reasonable path between points in one country consistent with an 
intention merely to transit the other country. And, consistent with the 
U.S. Customs and Border Patrol regulations concerning in-transit 
shipments,\5\ to qualify as ``in-transit'' the natural gas must cross 
points of entry and exit at the United States border within a 30-day 
period. DOE expects the reporting of in-transit volumes--noting any 
line losses and/or natural gas that may be consumed as fuel during the 
transit process--to be made to the Department within 30 days following 
the month during which the in-transit shipment took place. The purpose 
of reporting the in-transit volumes is to confirm the non-
jurisdictional status of such shipments and to understand the extent to 
which imports and exports are affecting the domestic natural gas 
market, and what movements of natural gas are limited to utilizing 
natural gas infrastructure and not directly impacting natural gas 
supply or demand. Additional information on reporting volumes is 
available at: https://energy.gov/fe/services/natural-gas-regulation/guidelines-filing-monthly-reports.
---------------------------------------------------------------------------

    \5\ See 19 CFR 18.31, 18.2(c)(2).
---------------------------------------------------------------------------

II. Reporting Requirements for In-Transit Shipments of Natural Gas

    a. The entity holding title to the natural gas as it crosses 
borders shall file with the Office of Regulation and International 
Engagement, a report due not later than the 30th day of the month 
following the month of completion of an in-transit shipment. The report 
must give the following details of each in-transit shipment returning 
to the country of origin, including cases where natural gas originates 
from the United States and undergoes in-transit shipment and where 
natural gas originates in another country and transits the United 
States: (1) The name of the country that is both the origin and final 
destination, (2) the name of the country through which the gas is 
transported before returning to the origin country (the transit 
country--this may be either the United States or another country) (3) 
the initial border crossing point, (4) the foreign pipeline at the 
initial border crossing point, (5) the U.S. pipeline at the initial 
border crossing point, (6) the final border crossing point, (7) the 
foreign pipeline at the final border crossing point, (8) the U.S. 
pipeline at the final border crossing point, (9) the volume of natural 
gas moving through the final border crossing point, (10) the month and 
year in which the in-transit shipment took place, (11) the name of the 
entity that has title to the natural gas during the in-transit 
movement, (12) the name of the individual who prepared the report, and 
(13) contact information.

(Approved by the Office of Management and Budget under OMB Control No. 
1901-0294.)

    b. To show that no deliveries into or out of United States 
commercial markets have occurred, DOE/FE additionally requests 
clarification in monthly reports for in-transit shipments specifying 
the difference in volumes entering the transit country and volumes 
leaving the transit country and the reason for any such differences, to 
the extent the information is available.
    c. The entity holding title to the natural gas as it crosses 
borders shall maintain copies of the reports filed under paragraph a., 
supra, for each in-transit shipment returning to the country of origin 
for a period of one year after completion of the in-transit shipment, 
and provide that information to DOE/FE upon request.
    d. All monthly report filings shall be made to U.S. Department of 
Energy (FE-34), Office of Fossil Energy, Office of Regulation and 
International Engagement, P.O. Box 44375, Washington, DC 20026-4375, 
Attention: Natural Gas Reports. Alternatively, reports may be emailed 
to ngreports@hq.doe.gov, or may be faxed to Natural Gas Reports at 
(202) 586-6050.
    e. Companies that currently use import and export authorizations to 
report in-transit natural gas shipments may continue to report under 
their authorizations, but no new authorizations dedicated solely to in-
transit shipments will be issued. Companies should not apply for new 
import and export authorizations if they plan on only conducting in-
transit natural gas transactions.
    f. Companies may use approved OMB information collection forms, 
which will be available on DOE/FE's Web site at: https://www.energy.gov/fe/services/natural-gas-regulation/in-transit.
    g. Companies can submit in-transit reports without docket or order 
numbers, if not reporting under authorizations permitting both imports 
and exports.
    This Notice is effective immediately upon issuance.

    Issued in Washington, DC, on August 23, 2016.
John A. Anderson,
Director, Office of Regulation and International Engagement, Office of 
Oil and Natural Gas.
[FR Doc. 2016-20802 Filed 8-29-16; 8:45 am]
 BILLING CODE 6450-01-P

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