Commission Information Collection Activities (FERC-549); Comment Request; Extension, 13820-13824 [2023-04452]
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allowed time for filing a protest, the
proposed activity shall be deemed to be
authorized effective the day after the
time allowed for protest. If a protest is
filed and not withdrawn within 30 days
after the time allowed for filing a
protest, the instant request for
authorization will be considered by the
Commission.
Protests must comply with the
requirements specified in section
157.205(e) of the Commission’s
regulations,4 and must be submitted by
the protest deadline, which is April 28,
2023. A protest may also serve as a
motion to intervene so long as the
protestor states it also seeks to be an
intervenor.
Interventions
Any person has the option to file a
motion to intervene in this proceeding.
Only intervenors have the right to
request rehearing of Commission orders
issued in this proceeding and to
subsequently challenge the
Commission’s orders in the U.S. Circuit
Courts of Appeal.
To intervene, you must submit a
motion to intervene to the Commission
in accordance with Rule 214 of the
Commission’s Rules of Practice and
Procedure 5 and the regulations under
the NGA 6 by the intervention deadline
for the project, which is April 28, 2023.
As described further in Rule 214, your
motion to intervene must state, to the
extent known, your position regarding
the proceeding, as well as your interest
in the proceeding. For an individual,
this could include your status as a
landowner, ratepayer, resident of an
impacted community, or recreationist.
You do not need to have property
directly impacted by the project in order
to intervene. For more information
about motions to intervene, refer to the
FERC website at https://www.ferc.gov/
resources/guides/how-to/intervene.asp.
All timely, unopposed motions to
intervene are automatically granted by
operation of Rule 214(c)(1). Motions to
intervene that are filed after the
intervention deadline are untimely and
may be denied. Any late-filed motion to
intervene must show good cause for
being late and must explain why the
time limitation should be waived and
provide justification by reference to
factors set forth in Rule 214(d) of the
Commission’s Rules and Regulations. A
person obtaining party status will be
placed on the service list maintained by
the Secretary of the Commission and
will receive copies (paper or electronic)
4 18
CFR 157.205(e).
CFR 385.214.
6 18 CFR 157.10.
5 18
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of all documents filed by the applicant
and by all other parties.
Comments
Any person wishing to comment on
the project may do so. The Commission
considers all comments received about
the project in determining the
appropriate action to be taken. To
ensure that your comments are timely
and properly recorded, please submit
your comments on or before April 28,
2023. The filing of a comment alone will
not serve to make the filer a party to the
proceeding. To become a party, you
must intervene in the proceeding.
How To File Protests, Interventions, and
Comments
There are two ways to submit
protests, motions to intervene, and
comments. In both instances, please
reference the project docket number
CP23–72–000 in your submission.
(1) You may file your protest, motion
to intervene, and comments by using the
Commission’s eFiling feature, which is
located on the Commission’s website
(www.ferc.gov) under the link to
Documents and Filings. New eFiling
users must first create an account by
clicking on ‘‘eRegister.’’ You will be
asked to select the type of filing you are
making; first select ‘‘General’’ and then
select ‘‘Protest’’, ‘‘Intervention’’, or
‘‘Comment on a Filing.’’ The
Commission’s eFiling staff are available
to assist you at (202) 502–8258 or
FercOnlineSupport@ferc.gov.
(2) You can file a paper copy of your
submission. Your submission must
reference the project docket number
CP23–72–000.
To mail via USPS, use the following
address: Kimberly D. Bose, Secretary,
Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426
To send via any other courier, use the
following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852
Protests and motions to intervene
must be served on the applicant either
by mail or email (with a link to the
document) at: Alice A. Curtiss, Deputy
General Counsel for National Fuel Gas
Supply Corporation, 6363 Main Street,
Williamsville, New York 14221; or by
email to curtissa@natfuel.com.
Any subsequent submissions by an
intervenor must be served on the
applicant and all other parties to the
proceeding. Contact information for
parties can be downloaded from the
service list at the eService link on FERC
Online.
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Tracking the Proceeding
Throughout the proceeding,
additional information about the project
will be available from the Commission’s
Office of External Affairs, at (866) 208–
FERC, or on the FERC website at
www.ferc.gov using the ‘‘eLibrary’’ link
as described above. The eLibrary link
also provides access to the texts of all
formal documents issued by the
Commission, such as orders, notices,
and rulemakings.
In addition, the Commission offers a
free service called eSubscription which
allows you to keep track of all formal
issuances and submittals in specific
dockets. This can reduce the amount of
time you spend researching proceedings
by automatically providing you with
notification of these filings, document
summaries, and direct links to the
documents. For more information and to
register, go to www.ferc.gov/docs-filing/
esubscription.asp.
Dated: February 27, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023–04451 Filed 3–3–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC22–17–000]
Commission Information Collection
Activities (FERC–549); Comment
Request; Extension
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Notice of information collection
and request for comments.
AGENCY:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on the currently
approved information collection, FERC–
549 (NGPA Section 311 Transactions,
NGA Blanket Certificate Transactions,
and Market-Based Rates for Storage)
which will be submitted to the Office of
Management and Budget (OMB) for a
review of the information collection
requirements.
SUMMARY:
Comments on the collection of
information are due April 5, 2023.
ADDRESSES: Send written comments on
FERC–549 to OMB through
www.reginfo.gov/public/do/PRAMain,
Attention: Federal Energy Regulatory
Commission Desk Officer. Please
DATES:
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Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Notices
identify the OMB control number
(1902–0086) in the subject line. Your
comments should be sent within 30
days of publication of this notice in the
Federal Register.
Please submit copies of your
comments (identified by Docket No.
IC22–17–000) to the Commission as
noted below. Electronic filing through
https://www.ferc.gov is preferred.
• Electronic Filing: Documents must
be filed in acceptable native
applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery.
Æ Mail via U.S. Postal Service Only:
Addressed to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
Æ Hand (Including Courier) Delivery:
Deliver to: Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
Instructions: OMB submissions must
be formatted and filed in accordance
with submission guidelines at
www.reginfo.gov/public/do/PRAMain;
Using the search function under the
‘‘Currently Under Review field,’’ select
Federal Energy Regulatory Commission;
click ‘‘submit’’ and select ‘‘comment’’ to
the right of the subject collection.
FERC submissions must be formatted
and filed in accordance with submission
guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online
Support by email at ferconlinesupport@
ferc.gov, or by phone at: (866) 208–3676
(toll-free).
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov and
telephone at (202) 502–8663.
SUPPLEMENTARY INFORMATION:
Title: NGPA Section 311 Transactions
and NGA Blanket Certificate
Transactions.
OMB Control No.: 1902–0086.
Type of Request: Three-year extension
of the FERC–549 information collection
requirements with a revision to account
for the differences between filings
seeking initial approval and those
disclosing a change in circumstances.
Abstract: FERC–549 is required to
implement portions of the following
statutory provisions: (1) Section 311 of
the Natural Gas Policy Act (NGPA) (15
U.S.C. 3371); (2) Section 4(f) of the
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Natural Gas Act (NGA) (15 U.S.C.
717c(f)); and (3) Section 7 of the NGA
(15 U.S.C. 717f). The reporting
requirements for implementing these
provisions are contained in 18 CFR part
284.
Transportation by Interstate Pipelines
for Intrastate Pipelines and Local
Distribution Companies
Under section 311(a)(1) of the NGPA
and 18 CFR 284.101 and 284.102, any
interstate pipeline may transport natural
gas without prior Commission approval
‘‘on behalf of’’ an intrastate pipeline or
a local distribution company (LDC). The
regulation at 18 CFR 284.102(d)
provides that the transportation is not
‘‘on behalf of’’ an intrastate pipeline or
an LDC unless one of three conditions
is met:
(1) The interstate pipeline or LDC has
physical custody of and transports the
natural gas at some point;
(2) The intrastate pipeline or LDC
holds title to the natural gas at some
point, which may occur prior to, during,
or after the time that the gas is being
transported by the interstate pipeline,
for a purpose related to its status and
functions as a local distribution
company; or
(3) The gas is delivered at some point
to a customer that either is located in an
LDC’s service area or is physically able
to receive direct deliveries of gas from
an intrastate pipeline, and the LDC or
intrastate pipeline certifies that it is on
its behalf that the interstate pipeline is
providing transportation service.
The certification requirement in the
third condition described at 18 CFR
284.102(d)(3) is included in the burden
table (below) as part of the information
collection activity labeled
‘‘Transportation by Pipelines.’’ Before
commencing service as described in
paragraph (d)(3), the interstate pipeline
that is providing the transportation must
receive certification from the pertinent
LDC or intrastate pipeline consisting of
a letter from the intrastate pipeline or
LDC authorizing the interstate pipeline
to ship gas on its behalf, and sufficient
information to verify that the service
qualifies under 18 CFR 284.102.
For firm service and for release
transactions, the regulation at 18 CFR
284.13(b)(1) requires the interstate
pipeline to post with respect to each
contract, or revision of a contract for
service, the following information no
later than the first nomination under a
transaction:
(i) The full legal name of the shipper,
and identification number, of the
shipper receiving service under the
contract, and the full legal name, and
identification number, of the releasing
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13821
shipper if a capacity release is involved
or an indication that the pipeline is the
seller of transportation capacity;
(ii) The contract number for the
shipper receiving service under the
contract, and, in addition, for released
transactions, the contract number of the
releasing shipper’s contract;
(iii) The rate charged under each
contract;
(iv) The maximum rate, and for
capacity release transactions not subject
to a maximum rate, the maximum rate
that would be applicable to a
comparable sale of pipeline services;
(v) The duration of the contract;
(vi) The receipt and delivery points
and the zones or segments covered by
the contract, including the location
name and code adopted by the pipeline
in conformance with 18 CFR 284.13(f)
for each point, zone or segment;
(vii) The contract quantity or the
volumetric quantity under a volumetric
release;
(viii) Special terms and conditions
applicable to a capacity release
transaction, including all aspects in
which the contract deviates from the
pipeline’s tariff, and special details
pertaining to a pipeline transportation
contract, including whether the contract
is a negotiated rate contract, conditions
applicable to a discounted
transportation contract, and all aspects
in which the contract deviates from the
pipeline’s tariff.
(ix) Whether there is an affiliate
relationship between the pipeline and
the shipper or between the releasing and
replacement shipper.
(x) Whether a capacity release is a
release to an asset manager as defined
in 18 CFR 284.8(h)(3) and the asset
manager’s obligation to deliver gas to, or
purchase gas from, the releasing
shipper.
(xi) Whether a capacity release is a
release to a marketer participating in a
state-regulated retail access program as
defined in 18 CFR 284(h)(4).
For interruptible service, the
regulation at 18 CFR 284.13(b)(2)
requires the interstate pipeline to post
on a daily basis no later than the first
nomination for service under an
interruptible agreement, the following
information:
(i) The full legal name, and
identification number, of the shipper
receiving service;
(ii) The rate charged;
(iii) The maximum rate;
(iv) The receipt and delivery points
between which the shipper is entitled to
transport gas at the rate charged,
including the location name and code
adopted by the pipeline in conformance
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with 18 CFR 284.13(f) for each point,
zone, or segment;
(v) The quantity of gas the shipper is
entitled to transport;
(vi) Special details pertaining to the
agreement, including conditions
applicable to a discounted
transportation contract and all aspects
in which the agreement deviates from
the pipeline’s tariff.
(vii) Whether the shipper is affiliated
with the pipeline.
Transportation by Intrastate Pipelines
for Interstate Pipelines or LDCs Served
by an Interstate Pipeline
Under section 311(a)(2) of the NGPA
and 18 CFR 284.122 and 284.123, any
intrastate pipeline may, without prior
Commission approval, transport natural
gas on behalf of any interstate pipeline
or any LDC served by an interstate
pipeline. No rate charged for such
transportation may exceed a fair and
equitable rate. The filing requirements
described below are included in the
burden table (below) as part of the
information collection activity labeled
‘‘Transportation by Pipelines.’’
The regulation at 18 CFR 284.123(b)
provides that intrastate gas pipeline
companies must file for Commission
approval of rates for services performed
in the interstate transportation of gas.
An intrastate gas pipeline company may
elect to use rates contained in one of its
then effective transportation rate
schedules on file with an appropriate
state regulatory agency for intrastate
service comparable to the interstate
service or file proposed rates and
supporting information showing the
rates are cost based and are fair and
equitable. It is the Commission policy
that each pipeline must file at least
every five years to ensure its rates are
fair and equitable. Depending on the
business process used, either 60 or 150
days after the application is filed, the
rate is deemed to be fair and equitable
unless the Commission either extends
the time for action, institutes a
proceeding or issues an order providing
for rates it deems to be fair and
equitable.
The regulation at 18 CFR 284.123(e)
requires that within 30 days of
commencement of new service any
intrastate pipeline engaging in the
transportation of gas in interstate
commerce must file a statement that
includes the interstate rates and a
description of how the pipeline will
engage in the transportation services,
including operating conditions. If an
intrastate gas pipeline company changes
its operations or rates it must amend the
statement on file with the Commission.
Such amendment is to be filed not later
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than 30 days after commencement of the
change in operations or change in rate
election.
Initial Approval of Market-Based Rates
for Storage
Section 4(f) of the NGA authorizes the
Commission to permit natural gas
storage service providers to charge
market-based rates for storage, subject to
conditions and requirements set forth in
the statute. The Commission
implements this authority under 18 CFR
284.501 through 284.505. An applicant
may apply for market-based rates by
filing a request for a market-power
determination that complies with the
following:
(a) The applicant must set forth its
specific request and adequately
demonstrate that it lacks market power
in the market to be served, and must
include an executive summary of its
statement of position and a statement of
material facts in addition to its complete
statement of position. The statement of
material facts must include citation to
the supporting statements, exhibits,
affidavits, and prepared testimony.
The regulation at 18 CFR 284.503
requires that an application to charge
market-based rate for storage services
must include: (1) A description of the
geographic markets for storage services
in which the applicant seeks to establish
that it lacks significant market power;
(2) The product market or markets for
which the applicant seeks to establish
that it lacks significant market power;
(3) A description of the applicant’s own
facilities and services, and those of all
parent, subsidiary, or affiliated
companies, in the relevant markets; (4)
A description of available alternatives in
competition with the applicant in the
relevant markets and other competition
constraining the applicant’s rates in
those markets; (5) A description of
potential competition in the relevant
markets; (6) A general system map and
maps by geographic markets; (7) The
calculation of the market concentration
of the relevant markets using the
Herfindahl-Hirschman Index; (8) A
description of any other factors that bear
on the issue of whether the applicant
lacks significant market power in the
relevant markets; (9) The proposed
testimony in support of the application
and will serve as the applicant’s case-inchief, if the Commission sets the
application for hearing.
Market Based-Rates—Notice of Change
in Circumstances
The Commission’s regulations at 18
CFR 284.504 (b) provide that a storage
service provider granted the authority to
charge market-based rates is required to
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notify the Commission within 10 days
of acquiring knowledge of significant
change occurring in its market power
status. The notification should include
a detailed description of the new
facilities/services and their relationship
to the storage service provider.
Significant changes include: (1) The
storage provider expanding its storage
capacity beyond the amount authorized;
(2) The storage provider acquiring
transportation facilities or additional
storage capacity; (3) An affiliate
providing storage or transportation
services in the same market area; and (4)
The storage provider or an affiliate
acquiring an interest in or is acquired by
an interstate pipeline.
Record Retention
The Commission’s regulations at 18
CFR 284.288(b) and 284.403(b),
respectively, impose a record retention
requirement contained in a Code of
Conduct applicable to: (1) interstate
pipelines that provide unbundled
natural gas sales service,1 and (2)
persons who are not interstate pipelines
and whose sales of natural gas are
authorized by the ‘‘automatic’’ blanket
marketing certificate granted by
operation of 18 CFR 284.402.2 Any
entity fitting one of those descriptions
must retain, for a period of five years,
all data and information upon which it
billed the prices it charged for natural
gas it sold pursuant to its market based
sales certificate or the prices it reported
for use in price indices.
FERC uses these records to monitor
the jurisdictional transportation
activities and unbundled sales activities
of interstate natural gas pipelines and
blanket marketing certificate holders.
The record retention period of five
years is necessary due to the importance
of records related to any investigation of
possible wrongdoing and related to
assuring compliance with the codes of
conduct and the integrity of the market.
The requirement is necessary to ensure
consistency with 18 CFR 1c.1
(‘‘Prohibition of Natural Gas Market
Manipulation’’) and the generally
applicable five-year statute of
limitations where the Commission seeks
civil penalties for violations of the antimanipulation rules or other rules,
1 As defined at 18 CFR 284.282(c), unbundled
sales service is gas sales service that is sold
separately from transportation service.
2 The regulation at section 284.402(a) provides
that any person who is not an interstate pipeline is
granted a blanket certificate of public convenience
and necessity, pursuant to section 7 of the NGA,
that authorizes the certificate holder to make sales
for resale of natural gas at negotiated rates in
interstate commerce. Section 2(1) of the NGA (15
U.S.C. 717a(1)) defines a ‘‘person’’ to include an
individual or corporation.
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regulations, or orders to which the price
data may be relevant.
Failure to have this information
available would mean the Commission
would have difficulty performing its
regulatory functions to monitor and
evaluate transactions and operations of
interstate pipelines and blanket
marketing certificate holders. The Code
of Conduct Record Retention burden 3
associated with the FERC–549 includes
both labor 4 and storage costs. The labor
costs are shown in Table 1, below. The
storage costs are shown below in Table
2.
Type of Respondents: Jurisdictional
interstate and intrastate natural gas
pipelines.
Estimate of Annual Burden: 5 The
Commission estimates the annual
burden and labor costs for the
information collection as shown in the
following table.
TABLE 1—FERC–549: ESTIMATED LABOR COSTS FOR NGPA SECTION 311 TRANSACTIONS, NGA BLANKET CERTIFICATE
TRANSACTION, AND RECORD RETENTION
Transportation by Pipelines.
MBR—Initial Approval ......
MBR—Change in Circumstances 7.
Record Retention .............
Totals ........................
Number of
respondents
Annual
number of
responses per
respondent
(A)
(B)
Total annual
burden hours
& total
annual cost
($)
Cost per
respondent
($)
(D)
(E)
(Column C × Column D)
(F)
(Column E ÷ Column A)
Total number
of responses
Average burden
hrs. & cost
($) 6 per response
(C)
(Column A × Column B)
43
2
86
50 hrs.; $4,550 ..........
4,300 hrs.; $391,300 ......
$9,100
1
5
1
1
1
5
350 hrs.; $31,850 ......
75 hrs.; $6,825 ..........
350 hrs.; $31,850 ...........
375 hrs.; $6,825 .............
31,850
1,365
299
1
299
1 hr.; $38.71 ..............
299 hrs.; $11,574.29 ......
38.71
348
........................
391
....................................
5,324 hrs.; $441,549 ......
........................................
Storage Cost: 8 In addition to the labor
costs for record retention, non-labor
costs of record retention and storage are
estimated as follows:
• Paper storage costs (using an
estimate of 12.5 cubic feet × $6.46 per
cubic foot): $80.75 per respondent
annually. Total annual paper storage
cost to industry ($80.75 × 299
respondents): $24,144.25. This estimate
assumes that a respondent stores 12.5
cubic feet of paper. We expect that this
estimate should trend downward over
time as more companies move away
from paper storage and rely more
heavily on electronic storage.
• Electronic storage costs: $3.18 per
respondent annually. Total annual
electronic storage cost to industry ($3.18
× 299 respondents): $950.82. This
calculation estimates storage of
approximately 200 MB per year with a
cost of $3.18 per respondent.
TABLE 2—STORAGE COSTS ASSOCIATED WITH RECORD RETENTION
Cost per
response
Total
annual cost
(rounded)
(A)
(B)
(C)
(Column A × Column B)
Paper Storage ..................................................................................................
Electronic Storage ...........................................................................................
299
299
$80.75
3.18
$24,144
951
Total Storage Burden ...............................................................................
..............................
..............................
25,095
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimate of the burden and
3 18
CFR 284.288(b) and 18 CFR 284.403(b).
$35.83 hourly cost figure comes from the
average cost (wages plus benefits) of a file clerk
(Occupation Code 43–4071) as posted on the BLS
website (https://www.bls.gov/oes/current/naics2_
22.htm).
5 The Commission defines burden as the total
time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or
provide information to or for a federal agency. For
further explanation of what is included in the
information collection burden, refer to 5 CFR
1320.3.
4 The
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Total number
of responses
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cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
6 For the information collection activities labeled
‘‘Transportation by Pipelines,’’ ‘‘MBR—Initial
Approval,’’ and ‘‘MBR—Change in Circumstances,’’
Commission staff estimates that respondents’
hourly labor cost is approximated by the
Commission’s average hourly cost (for wages and
benefits) for 2022, or $91.00 per hour.
For the information collection activity labeled
‘‘Record Retention,’’ Commission staff estimates
that respondents’ hourly labor cost is $38.71 (for
wages and benefits), based on $27.24 (the mean
hourly wage for an information and record clerk,
Occupation Code 43–4000 for Utilities as posted at
https://www.bls.gov/oes/current/naics2_22.htm),
plus $11.47 (the average hourly cost for benefits for
private industry, as posted at https://www.bls.gov/
news.release/pdf/ecec.pdf.
7 This new row was added to account for the
differences between initial MBR filings and filings
pertaining to a change in circumstances.
8 Each of the 299 entities is assumed to have both
paper and electronic record retention. Internal
analysis assumes 50 percent paper storage and 50
percent electronic storage.
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Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Notices
Dated: February 27, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023–04452 Filed 3–3–23; 8:45 am]
Board of Governors of the Federal Reserve
System.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
BILLING CODE 6717–01–P
[FR Doc. 2023–04512 Filed 3–3–23; 8:45 am]
BILLING CODE P
FEDERAL RESERVE SYSTEM
DEPARTMENT OF HEALTH AND
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The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington DC 20551–0001, not later
than March 21, 2023.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. Lisa Elsenbast, Minneapolis,
Minnesota, individually and as cotrustee with Annette Sarazine-Jensen,
Omaha, Nebraska, Monica Anderegg,
Edina, Minnesota, and Julia T. Sarazine,
Chicago, Illinois, of the Charles L.
Sarazine 2022 Trust Agreement,
Minneapolis, Minnesota; and Maryanna
Sarazine, Algona, Iowa; to become
members of the Spies-Sarazine Family
Control Group, a group acting in concert
to retain voting shares of Emmetsburg
Bank Shares, Inc., and thereby
indirectly retain voting shares of Iowa
Trust & Savings Bank, both of
Emmetsburg, Iowa.
VerDate Sep<11>2014
19:26 Mar 03, 2023
Jkt 259001
[30Day–23–22IV]
Agency Forms Undergoing Paperwork
Reduction Act Review
In accordance with the Paperwork
Reduction Act of 1995, the Centers for
Disease Control and Prevention (CDC)
has submitted the information
collection request titled ‘‘The Muscular
Dystrophy Surveillance, Tracking, and
Research Network (MD STARnet) Living
with Muscular Dystrophy
Questionnaire’’ to the Office of
Management and Budget (OMB) for
review and approval. CDC previously
published a ‘‘Proposed Data Collection
Submitted for Public Comment and
Recommendations’’ notice on
September 23, 2022 to obtain comments
from the public and affected agencies.
CDC did not receive comments related
to the previous notice. This notice
serves to allow an additional 30 days for
public and affected agency comments.
CDC will accept all comments for this
proposed information collection project.
The Office of Management and Budget
is particularly interested in comments
that:
(a) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(b) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(c) Enhance the quality, utility, and
clarity of the information to be
collected;
(d) Minimize the burden of the
collection of information on those who
are to respond, including, through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses; and
(e) Assess information collection
costs.
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
To request additional information on
the proposed project or to obtain a copy
of the information collection plan and
instruments, call (404) 639–7570.
Comments and recommendations for the
proposed information collection should
be sent within 30 days of publication of
this notice to www.reginfo.gov/public/
do/PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Direct written
comments and/or suggestions regarding
the items contained in this notice to the
Attention: CDC Desk Officer, Office of
Management and Budget, 725 17th
Street NW, Washington, DC 20503 or by
fax to (202) 395–5806. Provide written
comments within 30 days of notice
publication.
Proposed Project
The Muscular Dystrophy
Surveillance, Tracking, and Research
Network (MD STARnet) Living with
Muscular Dystrophy Questionnaire—
New—National Center on Birth Defects
and Developmental Disabilities
(NCBDDD), Centers for Disease Control
and Prevention (CDC).
Background and Brief Description
Since its establishment in 2002, the
MD STARnet has been a populationbased surveillance system that aims to
identify and collect clinical data on
individuals with muscular dystrophy
(MD) in select surveillance areas. MD
STARnet identifies and collects data on
individuals with MD at sources
including healthcare facilities where
patients with MD receive care and
administrative datasets such as vital
records and hospital discharge data.
Although MDs are rare genetic diseases
with an estimated prevalence of 16.1/
100,000, they have a high impact on
affected individuals, their families, and
society. MDs can be classified into nine
major groups: Duchenne MD (DMD),
Becker MD (BMD), myotonic dystrophy
(DM), facioscapulohumeral muscular
dystrophy (FSHD), limb-girdle MD
(LGMD), Congenital MD (CMD), EmeryDreifuss MD (EDMD), Oculopharyngeal
MD (OPMD), and distal MD. A recent
MD STARnet study has estimated the
combined prevalence for DMD and BMD
to be 1.92–2.48/10,000 males age 5–9
years old. MD STARnet aims to improve
understanding of MDs and ultimately
the quality of life of individuals and
their families living with MD.
Individuals with MD frequently report
pain and fatigue, but studies have
primarily been conducted in single
clinics and limited to the three most
common MDs (DMD, DM, and FSHD).
E:\FR\FM\06MRN1.SGM
06MRN1
]]>Agencies
[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13820-13824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04452]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC22-17-000]
Commission Information Collection Activities (FERC-549); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of information collection and request for comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-549 (NGPA Section 311 Transactions, NGA
Blanket Certificate Transactions, and Market-Based Rates for Storage)
which will be submitted to the Office of Management and Budget (OMB)
for a review of the information collection requirements.
DATES: Comments on the collection of information are due April 5, 2023.
ADDRESSES: Send written comments on FERC-549 to OMB through
www.reginfo.gov/public/do/PRAMain, Attention: Federal Energy Regulatory
Commission Desk Officer. Please
[[Page 13821]]
identify the OMB control number (1902-0086) in the subject line. Your
comments should be sent within 30 days of publication of this notice in
the Federal Register.
Please submit copies of your comments (identified by Docket No.
IC22-17-000) to the Commission as noted below. Electronic filing
through https://www.ferc.gov is preferred.
Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at www.reginfo.gov/public/do/PRAMain; Using the search function under the ``Currently Under Review
field,'' select Federal Energy Regulatory Commission; click ``submit''
and select ``comment'' to the right of the subject collection.
FERC submissions must be formatted and filed in accordance with
submission guidelines at: https://www.ferc.gov. For user assistance,
contact FERC Online Support by email at [email protected], or
by phone at: (866) 208-3676 (toll-free).
Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected] and telephone at (202) 502-8663.
SUPPLEMENTARY INFORMATION:
Title: NGPA Section 311 Transactions and NGA Blanket Certificate
Transactions.
OMB Control No.: 1902-0086.
Type of Request: Three-year extension of the FERC-549 information
collection requirements with a revision to account for the differences
between filings seeking initial approval and those disclosing a change
in circumstances.
Abstract: FERC-549 is required to implement portions of the
following statutory provisions: (1) Section 311 of the Natural Gas
Policy Act (NGPA) (15 U.S.C. 3371); (2) Section 4(f) of the Natural Gas
Act (NGA) (15 U.S.C. 717c(f)); and (3) Section 7 of the NGA (15 U.S.C.
717f). The reporting requirements for implementing these provisions are
contained in 18 CFR part 284.
Transportation by Interstate Pipelines for Intrastate Pipelines and
Local Distribution Companies
Under section 311(a)(1) of the NGPA and 18 CFR 284.101 and 284.102,
any interstate pipeline may transport natural gas without prior
Commission approval ``on behalf of'' an intrastate pipeline or a local
distribution company (LDC). The regulation at 18 CFR 284.102(d)
provides that the transportation is not ``on behalf of'' an intrastate
pipeline or an LDC unless one of three conditions is met:
(1) The interstate pipeline or LDC has physical custody of and
transports the natural gas at some point;
(2) The intrastate pipeline or LDC holds title to the natural gas
at some point, which may occur prior to, during, or after the time that
the gas is being transported by the interstate pipeline, for a purpose
related to its status and functions as a local distribution company; or
(3) The gas is delivered at some point to a customer that either is
located in an LDC's service area or is physically able to receive
direct deliveries of gas from an intrastate pipeline, and the LDC or
intrastate pipeline certifies that it is on its behalf that the
interstate pipeline is providing transportation service.
The certification requirement in the third condition described at
18 CFR 284.102(d)(3) is included in the burden table (below) as part of
the information collection activity labeled ``Transportation by
Pipelines.'' Before commencing service as described in paragraph
(d)(3), the interstate pipeline that is providing the transportation
must receive certification from the pertinent LDC or intrastate
pipeline consisting of a letter from the intrastate pipeline or LDC
authorizing the interstate pipeline to ship gas on its behalf, and
sufficient information to verify that the service qualifies under 18
CFR 284.102.
For firm service and for release transactions, the regulation at 18
CFR 284.13(b)(1) requires the interstate pipeline to post with respect
to each contract, or revision of a contract for service, the following
information no later than the first nomination under a transaction:
(i) The full legal name of the shipper, and identification number,
of the shipper receiving service under the contract, and the full legal
name, and identification number, of the releasing shipper if a capacity
release is involved or an indication that the pipeline is the seller of
transportation capacity;
(ii) The contract number for the shipper receiving service under
the contract, and, in addition, for released transactions, the contract
number of the releasing shipper's contract;
(iii) The rate charged under each contract;
(iv) The maximum rate, and for capacity release transactions not
subject to a maximum rate, the maximum rate that would be applicable to
a comparable sale of pipeline services;
(v) The duration of the contract;
(vi) The receipt and delivery points and the zones or segments
covered by the contract, including the location name and code adopted
by the pipeline in conformance with 18 CFR 284.13(f) for each point,
zone or segment;
(vii) The contract quantity or the volumetric quantity under a
volumetric release;
(viii) Special terms and conditions applicable to a capacity
release transaction, including all aspects in which the contract
deviates from the pipeline's tariff, and special details pertaining to
a pipeline transportation contract, including whether the contract is a
negotiated rate contract, conditions applicable to a discounted
transportation contract, and all aspects in which the contract deviates
from the pipeline's tariff.
(ix) Whether there is an affiliate relationship between the
pipeline and the shipper or between the releasing and replacement
shipper.
(x) Whether a capacity release is a release to an asset manager as
defined in 18 CFR 284.8(h)(3) and the asset manager's obligation to
deliver gas to, or purchase gas from, the releasing shipper.
(xi) Whether a capacity release is a release to a marketer
participating in a state-regulated retail access program as defined in
18 CFR 284(h)(4).
For interruptible service, the regulation at 18 CFR 284.13(b)(2)
requires the interstate pipeline to post on a daily basis no later than
the first nomination for service under an interruptible agreement, the
following information:
(i) The full legal name, and identification number, of the shipper
receiving service;
(ii) The rate charged;
(iii) The maximum rate;
(iv) The receipt and delivery points between which the shipper is
entitled to transport gas at the rate charged, including the location
name and code adopted by the pipeline in conformance
[[Page 13822]]
with 18 CFR 284.13(f) for each point, zone, or segment;
(v) The quantity of gas the shipper is entitled to transport;
(vi) Special details pertaining to the agreement, including
conditions applicable to a discounted transportation contract and all
aspects in which the agreement deviates from the pipeline's tariff.
(vii) Whether the shipper is affiliated with the pipeline.
Transportation by Intrastate Pipelines for Interstate Pipelines or LDCs
Served by an Interstate Pipeline
Under section 311(a)(2) of the NGPA and 18 CFR 284.122 and 284.123,
any intrastate pipeline may, without prior Commission approval,
transport natural gas on behalf of any interstate pipeline or any LDC
served by an interstate pipeline. No rate charged for such
transportation may exceed a fair and equitable rate. The filing
requirements described below are included in the burden table (below)
as part of the information collection activity labeled ``Transportation
by Pipelines.''
The regulation at 18 CFR 284.123(b) provides that intrastate gas
pipeline companies must file for Commission approval of rates for
services performed in the interstate transportation of gas. An
intrastate gas pipeline company may elect to use rates contained in one
of its then effective transportation rate schedules on file with an
appropriate state regulatory agency for intrastate service comparable
to the interstate service or file proposed rates and supporting
information showing the rates are cost based and are fair and
equitable. It is the Commission policy that each pipeline must file at
least every five years to ensure its rates are fair and equitable.
Depending on the business process used, either 60 or 150 days after the
application is filed, the rate is deemed to be fair and equitable
unless the Commission either extends the time for action, institutes a
proceeding or issues an order providing for rates it deems to be fair
and equitable.
The regulation at 18 CFR 284.123(e) requires that within 30 days of
commencement of new service any intrastate pipeline engaging in the
transportation of gas in interstate commerce must file a statement that
includes the interstate rates and a description of how the pipeline
will engage in the transportation services, including operating
conditions. If an intrastate gas pipeline company changes its
operations or rates it must amend the statement on file with the
Commission. Such amendment is to be filed not later than 30 days after
commencement of the change in operations or change in rate election.
Initial Approval of Market-Based Rates for Storage
Section 4(f) of the NGA authorizes the Commission to permit natural
gas storage service providers to charge market-based rates for storage,
subject to conditions and requirements set forth in the statute. The
Commission implements this authority under 18 CFR 284.501 through
284.505. An applicant may apply for market-based rates by filing a
request for a market-power determination that complies with the
following:
(a) The applicant must set forth its specific request and
adequately demonstrate that it lacks market power in the market to be
served, and must include an executive summary of its statement of
position and a statement of material facts in addition to its complete
statement of position. The statement of material facts must include
citation to the supporting statements, exhibits, affidavits, and
prepared testimony.
The regulation at 18 CFR 284.503 requires that an application to
charge market-based rate for storage services must include: (1) A
description of the geographic markets for storage services in which the
applicant seeks to establish that it lacks significant market power;
(2) The product market or markets for which the applicant seeks to
establish that it lacks significant market power; (3) A description of
the applicant's own facilities and services, and those of all parent,
subsidiary, or affiliated companies, in the relevant markets; (4) A
description of available alternatives in competition with the applicant
in the relevant markets and other competition constraining the
applicant's rates in those markets; (5) A description of potential
competition in the relevant markets; (6) A general system map and maps
by geographic markets; (7) The calculation of the market concentration
of the relevant markets using the Herfindahl-Hirschman Index; (8) A
description of any other factors that bear on the issue of whether the
applicant lacks significant market power in the relevant markets; (9)
The proposed testimony in support of the application and will serve as
the applicant's case-in-chief, if the Commission sets the application
for hearing.
Market Based-Rates--Notice of Change in Circumstances
The Commission's regulations at 18 CFR 284.504 (b) provide that a
storage service provider granted the authority to charge market-based
rates is required to notify the Commission within 10 days of acquiring
knowledge of significant change occurring in its market power status.
The notification should include a detailed description of the new
facilities/services and their relationship to the storage service
provider. Significant changes include: (1) The storage provider
expanding its storage capacity beyond the amount authorized; (2) The
storage provider acquiring transportation facilities or additional
storage capacity; (3) An affiliate providing storage or transportation
services in the same market area; and (4) The storage provider or an
affiliate acquiring an interest in or is acquired by an interstate
pipeline.
Record Retention
The Commission's regulations at 18 CFR 284.288(b) and 284.403(b),
respectively, impose a record retention requirement contained in a Code
of Conduct applicable to: (1) interstate pipelines that provide
unbundled natural gas sales service,\1\ and (2) persons who are not
interstate pipelines and whose sales of natural gas are authorized by
the ``automatic'' blanket marketing certificate granted by operation of
18 CFR 284.402.\2\ Any entity fitting one of those descriptions must
retain, for a period of five years, all data and information upon which
it billed the prices it charged for natural gas it sold pursuant to its
market based sales certificate or the prices it reported for use in
price indices.
---------------------------------------------------------------------------
\1\ As defined at 18 CFR 284.282(c), unbundled sales service is
gas sales service that is sold separately from transportation
service.
\2\ The regulation at section 284.402(a) provides that any
person who is not an interstate pipeline is granted a blanket
certificate of public convenience and necessity, pursuant to section
7 of the NGA, that authorizes the certificate holder to make sales
for resale of natural gas at negotiated rates in interstate
commerce. Section 2(1) of the NGA (15 U.S.C. 717a(1)) defines a
``person'' to include an individual or corporation.
---------------------------------------------------------------------------
FERC uses these records to monitor the jurisdictional
transportation activities and unbundled sales activities of interstate
natural gas pipelines and blanket marketing certificate holders.
The record retention period of five years is necessary due to the
importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct
and the integrity of the market. The requirement is necessary to ensure
consistency with 18 CFR 1c.1 (``Prohibition of Natural Gas Market
Manipulation'') and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules,
[[Page 13823]]
regulations, or orders to which the price data may be relevant.
Failure to have this information available would mean the
Commission would have difficulty performing its regulatory functions to
monitor and evaluate transactions and operations of interstate
pipelines and blanket marketing certificate holders. The Code of
Conduct Record Retention burden \3\ associated with the FERC-549
includes both labor \4\ and storage costs. The labor costs are shown in
Table 1, below. The storage costs are shown below in Table 2.
---------------------------------------------------------------------------
\3\ 18 CFR 284.288(b) and 18 CFR 284.403(b).
\4\ The $35.83 hourly cost figure comes from the average cost
(wages plus benefits) of a file clerk (Occupation Code 43-4071) as
posted on the BLS website (https://www.bls.gov/oes/current/naics2_22.htm).
---------------------------------------------------------------------------
Type of Respondents: Jurisdictional interstate and intrastate
natural gas pipelines.
Estimate of Annual Burden: \5\ The Commission estimates the annual
burden and labor costs for the information collection as shown in the
following table.
---------------------------------------------------------------------------
\5\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a federal
agency. For further explanation of what is included in the
information collection burden, refer to 5 CFR 1320.3.
Table 1--FERC-549: Estimated Labor Costs for NGPA Section 311 Transactions, NGA Blanket Certificate Transaction, and Record Retention
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Annual number
Number of of responses Total number of Average burden hrs. & cost ($) Total annual burden hours & total
respondents per responses \6\ per response annual cost ($) Cost per respondent ($)
respondent
(A) (B) (C) (D)............................... (E)................................. (F)
........... .............. (Column A x Column B) .................................. (Column C x Column D)............... (Column E / Column A)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Transportation by Pipelines............ 43 2 86 50 hrs.; $4,550................... 4,300 hrs.; $391,300................ $9,100
MBR--Initial Approval.................. 1 1 1 350 hrs.; $31,850................. 350 hrs.; $31,850................... 31,850
MBR--Change in Circumstances \7\....... 5 1 5 75 hrs.; $6,825................... 375 hrs.; $6,825.................... 1,365
Record Retention....................... 299 1 299 1 hr.; $38.71..................... 299 hrs.; $11,574.29................ 38.71
--------------------------------------------------------------------------------------------------------------------------------------------------------
Totals............................. 348 .............. 391 .................................. 5,324 hrs.; $441,549................ .......................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Storage Cost: \8\ In addition to the labor costs for record
retention, non-labor costs of record retention and storage are
estimated as follows:
---------------------------------------------------------------------------
\6\ For the information collection activities labeled
``Transportation by Pipelines,'' ``MBR--Initial Approval,'' and
``MBR--Change in Circumstances,'' Commission staff estimates that
respondents' hourly labor cost is approximated by the Commission's
average hourly cost (for wages and benefits) for 2022, or $91.00 per
hour.
For the information collection activity labeled ``Record
Retention,'' Commission staff estimates that respondents' hourly
labor cost is $38.71 (for wages and benefits), based on $27.24 (the
mean hourly wage for an information and record clerk, Occupation
Code 43-4000 for Utilities as posted at https://www.bls.gov/oes/current/naics2_22.htm), plus $11.47 (the average hourly cost for
benefits for private industry, as posted at https://www.bls.gov/news.release/pdf/ecec.pdf.
\7\ This new row was added to account for the differences
between initial MBR filings and filings pertaining to a change in
circumstances.
\8\ Each of the 299 entities is assumed to have both paper and
electronic record retention. Internal analysis assumes 50 percent
paper storage and 50 percent electronic storage.
---------------------------------------------------------------------------
Paper storage costs (using an estimate of 12.5 cubic feet
x $6.46 per cubic foot): $80.75 per respondent annually. Total annual
paper storage cost to industry ($80.75 x 299 respondents): $24,144.25.
This estimate assumes that a respondent stores 12.5 cubic feet of
paper. We expect that this estimate should trend downward over time as
more companies move away from paper storage and rely more heavily on
electronic storage.
Electronic storage costs: $3.18 per respondent annually.
Total annual electronic storage cost to industry ($3.18 x 299
respondents): $950.82. This calculation estimates storage of
approximately 200 MB per year with a cost of $3.18 per respondent.
Table 2--Storage Costs Associated With Record Retention
----------------------------------------------------------------------------------------------------------------
Total number of Cost per Total annual cost
responses response (rounded)
(A) (B) (C)
................. ................. (Column A x Column B)
----------------------------------------------------------------------------------------------------------------
Paper Storage.................................... 299 $80.75 $24,144
Electronic Storage............................... 299 3.18 951
--------------------------------------------------------------
Total Storage Burden......................... ................. ................. 25,095
----------------------------------------------------------------------------------------------------------------
Comments are invited on: (1) whether the collection of information
is necessary for the proper performance of the functions of the
Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
[[Page 13824]]
Dated: February 27, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-04452 Filed 3-3-23; 8:45 am]
BILLING CODE 6717-01-P
