80_FR_22521 80 FR 22444 - Protection System, Automatic Reclosing, and Sudden Pressure Relaying Maintenance Reliability Standard

80 FR 22444 - Protection System, Automatic Reclosing, and Sudden Pressure Relaying Maintenance Reliability Standard

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 77 (April 22, 2015)

Page Range22444-22449
FR Document2015-09228

Pursuant to the Federal Power Act, the Commission proposes to approve a revised Reliability Standard, PRC-005-4 (Protection System, Automatic Reclosing and Sudden Pressure Relaying Maintenance), developed and submitted by the North American Electric Reliability Corporation (NERC). In addition, the Commission proposes to approve one new definition and four revised definitions referenced in the proposed Reliability Standard, as well as NERC's proposed violation risk factors, violation severity levels, and implementation plan. Consistent with Order No. 758, the proposed Reliability Standard requires applicable entities to test and maintain certain sudden pressure relays as part of a protection system maintenance program.

Federal Register, Volume 80 Issue 77 (Wednesday, April 22, 2015)
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Proposed Rules]
[Pages 22444-22449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09228]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket No. RM15-9-000]


Protection System, Automatic Reclosing, and Sudden Pressure 
Relaying Maintenance Reliability Standard

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Pursuant to the Federal Power Act, the Commission proposes to 
approve a revised Reliability Standard,

[[Page 22445]]

PRC-005-4 (Protection System, Automatic Reclosing and Sudden Pressure 
Relaying Maintenance), developed and submitted by the North American 
Electric Reliability Corporation (NERC). In addition, the Commission 
proposes to approve one new definition and four revised definitions 
referenced in the proposed Reliability Standard, as well as NERC's 
proposed violation risk factors, violation severity levels, and 
implementation plan. Consistent with Order No. 758, the proposed 
Reliability Standard requires applicable entities to test and maintain 
certain sudden pressure relays as part of a protection system 
maintenance program.

DATES: Comments are due June 22, 2015.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways:
     Electronic Filing through http://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: 
Tom Bradish (Technical Information), Office of Electric Reliability, 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, (301) 665-1391, Tom.Bradish@ferc.gov.

Julie Greenisen (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, (202) 502-6362, julie.greenisen@ferc.gov.

SUPPLEMENTARY INFORMATION: 
    1. Pursuant to section 215 of the Federal Power Act (FPA),\1\ the 
Commission proposes to approve a revised Reliability Standard, PRC-005-
4 (Protection System, Automatic Reclosing and Sudden Pressure Relaying 
Maintenance), developed and submitted by the North American Electric 
Reliability Corporation (NERC), the Commission-certified Electric 
Reliability Organization (ERO). In addition, the Commission proposes to 
approve one new definition and four revised definitions referenced in 
the proposed Reliability Standard, as well as NERC's proposed violation 
risk factors, violation severity levels, and implementation plan. 
Consistent with Order No. 758,\2\ the proposed Reliability Standard 
requires applicable entities to test and maintain certain sudden 
pressure relays as part of a protection system maintenance program.


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    \1\ 16 U.S.C. 824o (2012).
    \2\ Interpretation of Protection System Reliability Standard, 
Order No. 758, 138 FERC ] 61,094, clarification denied, 139 FERC ] 
61,227 (2012).
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I. Background

A. Regulatory Background

    2. Section 215 of the FPA requires a Commission-certified ERO to 
develop mandatory and enforceable Reliability Standards, subject to 
Commission review and approval.\3\ Once approved, the Reliability 
Standards may be enforced by the ERO subject to Commission oversight, 
or by the Commission independently.\4\ In 2006, the Commission 
certified NERC as the ERO pursuant to FPA section 215.\5\
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    \3\ 16 U.S.C. at 824o(c) and (d).
    \4\ See id. at 824o(e).
    \5\ North American Electric Reliability Corp., 116 FERC ] 
61,062, order on reh'g & compliance, 117 FERC ] 61,126 (2006), aff'd 
sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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    3. In 2007, the Commission approved an initial set of Reliability 
Standards submitted by NERC, including initial versions of four 
protection system and load-shedding-related maintenance standards: PRC-
005-1, PRC-008-0, PRC-011-0, and PRC-017-0.\6\ In addition, the 
Commission directed NERC to develop a revision to PRC-005-1 
incorporating a maximum time interval during which to conduct 
maintenance and testing of protection systems, and to consider 
combining into one standard the various maintenance and testing 
requirements for all of the maintenance and testing-related standards 
for protection systems, underfrequency load shedding (UFLS) equipment 
and undervoltage load shedding (UVLS) equipment.
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    \6\ Mandatory Reliability Standards for the Bulk Power System, 
Order No. 693, FERC Stats. & Regs. ] 31,242, at PP 1474, 1492, 1497, 
and 1514, order on reh'g, Order No. 693-A, 120 FERC ] 61,053 (2007).
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    4. In February 2012, the Commission issued Order No. 758 in 
response to NERC's request for approval of its interpretation of 
Requirement R1 of the then-current version of the protection system 
maintenance standard, Reliability Standard PRC-005-1. In that order, 
the Commission accepted NERC's proposed interpretation of Requirement 
R1, which interpretation provided guidance on the types of protection 
system equipment to which the Reliability Standard did or did not 
apply. In reviewing NERC's interpretation, the Commission raised 
several concerns about potential gaps in the coverage of PRC-005-1, 
including a concern that the standard as written may not include all 
components that serve in some protective capacity.\7\
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    \7\ See Order No. 758, 138 FERC ] 61,094 at P 12. NERC has 
addressed the Commission's concerns stated in Order No. 758 through 
a series of projects modifying the PRC-005 standard. See Protection 
System Maintenance Reliability Standard, Order No. 793, 145 FERC ] 
61,253 (2013) (approving Reliability Standard PRC-005-2, which 
incorporated specific minimum maintenance activities and maximum 
time intervals for maintenance of individual components of the 
protection systems and load shedding equipment affecting the bulk 
electric system); Protection System Maintenance Reliability 
Standard, Order No. 803,150 FERC ] 61,039 (2015) (approving PRC-005-
3 and directing NERC to develop a modification to include 
maintenance and testing of supervisory relays associated with 
relevant autoreclosing relay schemes).
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B. NERC Petition and Proposed Standard PRC-005-4

    5. On December 18, 2014, NERC submitted a petition seeking approval 
of proposed Reliability Standard PRC-005-4, which would add to the 
applicability of Reliability Standard PRC-005-3 those sudden pressure 
relays that NERC has identified as having a potential effect on the 
reliable operation of the Bulk-Power System.\8\ NERC states that these 
revisions were developed to satisfy NERC's commitment to develop 
modifications to PRC-005 that would address the Commission's concerns, 
as set out in Order No. 758, regarding the lack of maintenance 
requirements for non-electrical sensing relays (such as sudden pressure 
relays) that could affect the reliable operation of the Bulk-Power 
System.\9\
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    \8\ Proposed Reliability Standard PRC-005-4 is not attached to 
the NOPR; however, the complete text of the proposed Reliability 
Standard is available on the Commission's eLibrary document 
retrieval system in Docket No. RM15-9-000 and is posted on NERC's 
Web site, available at: http://www.nerc.com.
    \9\ See NERC Petition at 3, 9.
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    6. NERC states that sudden pressure relays ``are designed to 
quickly detect faults on the Bulk-Power System transformer equipment 
that may remain undetected by other Protection Systems, and can operate 
to limit any potential damage on the equipment.'' \10\ NERC

[[Page 22446]]

states that the ``misoperation of sudden pressure relays that initiate 
tripping in response to fault conditions can impact the reliability of 
the Bulk-Power System,'' and accordingly proposes revisions to PRC-005-
3 that will require entities to document and implement programs for 
maintenance of applicable sudden pressure relays.\11\
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    \10\ Id. at 3. NERC describes sudden pressure relays as relays 
which ``respond to changes in pressure and are utilized as 
protective devices for power transformers,'' and which may ``detect 
rapid changes in gas pressure, oil pressure, or oil flow that are 
indicative of faults within the transformer equipment.'' Id. at 13. 
NERC notes that in addition to detecting faults, certain sudden 
pressure relays can trip the associated transformer circuitry in 
response to the fault conditions.
    \11\ Id. at 3-4.
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    7. NERC explains that, consistent with Order No. 758, NERC's System 
Protection and Control Subcommittee (SPCS) performed a technical study 
``to determine which devices that respond to non-electrical quantities 
should be addressed within PRC-005 identified devices.'' \12\ NERC 
states that the SPCS considered a broad range of devices that respond 
to non-electrical quantities, starting with the list of ninety-four 
devices included in the IEEE Standard Electrical Power System Device 
Function Numbers, then applying ``multiple layers of analysis to each 
device to select the ones that can affect the reliability of the Bulk-
Power System.'' \13\ The SPCS first determined that only those devices 
that initiate action to clear faults or mitigate abnormal system 
conditions presented a risk to the Bulk-Power System. Next, the SPCS 
eliminated those devices that were ``previously considered as a result 
of the revised definition of Protection System or those that are 
clearly not protective devices, such as primary equipment and control 
devices.'' \14\ Finally, the SPCS conducted an in-depth analysis of the 
remaining devices, and concluded that only one category--sudden 
pressure relays that are utilized in a trip application--should be 
included in the revised PRC-005-4.
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    \12\ Id. at 4.
    \13\ Id. at 10.
    \14\ Id.
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    8. NERC also explains that the SPCS developed a Supplemental Report 
in response to comments and questions about its initial recommendations 
from the Commission staff. These comments and questions focused on 
whether PRC-005 should include turbine generator vibration monitors and 
circuit breaker arc extinguishing systems.\15\ The SPCS Supplemental 
Report, issued on October 31, 2014, examined these two kinds of devices 
and provided information on events during which these devices operated 
or failed to operate. The Supplemental Report concluded that neither 
device affected the reliable operation of the Bulk-Power System.
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    \15\ NERC Petition at 11, Ex. E, Sudden Pressure Relays and 
Other Devices that Respond to Non-Electrical Quantities: 
Supplemental Information to Support Project 2007-17.3: Protection 
System Maintenance and Testing, NERC SPCS (Oct. 31, 2014) (SPCS 
Supplemental Report).
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    9. NERC states that the standard drafting team that was tasked with 
developing the modifications to PRC-005 in response to Order No. 758 
adopted the SPCS Report's recommendations, both as to the scope of 
additional relays included, and as to the required minimum maintenance 
activities and maximum maintenance intervals for these relays.
    10. NERC maintains that proposed Reliability Standard PRC-005-4 
will enhance reliability by extending the coverage of an applicable 
entity's protection system maintenance program to include sudden 
pressure relaying components. NERC further maintains that the proposed 
standard satisfies the Commission's concerns as raised in Order No. 758 
``by including . . . sudden pressure relays that detect [a] fault on 
Bulk-Power System transformer equipment and trip in response to fault 
conditions, as recommended by the SPCS Report.'' \16\
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    \16\ NERC Petition at 12.
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    11. NERC explains that proposed Reliability Standard PRC-005-4 has 
been modified to include a new definition for ``Sudden Pressure 
Relaying,'', as well as four revised definitions as part of an 
applicable entity's protection system maintenance program.\17\ NERC 
further explains that the proposed standard would include a sudden 
pressure relay that trips an interrupting device to isolate the 
equipment it is monitoring, but ``does not include other non-electric 
sensing devices, pressure relays that only initiate an alarm, or 
pressure relief devices.'' \18\ In addition, NERC explains that the 
revised standard replaces the term ``Special Protection System'' with 
the term ``Remedial Action Scheme,'' to align the standard with NERC's 
employment of the latter term moving forward, and revises Applicability 
section 4.2.6.1 to address how the largest BES generating unit would be 
determined in circumstances involving a Reserve Sharing Group.
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    \17\ NERC proposes to modify the definitions of Protection 
System Maintenance Program, Component Type, Component, and Countable 
Event to reflect the addition of sudden pressure relays to the scope 
of a required maintenance program. NERC Petition at 15-16.
    \18\ Id. at 18.
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    12. NERC's proposed implementation plan for PRC-005-4 incorporates 
the phased-in implementation period approved for PRC-005-2, which has a 
twelve year phase-in period, with the addition of compliance dates for 
the new requirements for applicable sudden pressure relays. NERC asks 
that PRC-005-4 become effective the first day of the first calendar 
quarter following Commission approval. Reliability Standard PRC-005-3 
would be retired immediately prior to PRC-005-4 becoming effective.
    13. NERC explains that the evidence retention period for PRC-005-4 
is shorter than that required in the preceding versions of the 
standard, as it requires entities to maintain records for one 
maintenance cycle, rather than two cycles, if the interval of the 
maintenance activity is longer than the audit cycle. For maintenance 
activities where the interval is shorter than the audit cycle, 
documentation is to be retained for all maintenance activities since 
the previous audit.
    14. NERC states that the violation risk factors proposed in PRC-
005-4 track those in previous versions of the standard, and that the 
violation severity levels have been revised to include the additional 
component (sudden pressure relays) in a manner consistent with the 
approach taken for PRC-005-3.

II. Discussion

    15. Pursuant to section 215(d)(2) of the FPA, the Commission 
proposes to approve Reliability Standard PRC-005-4, as well as the new 
definition of Sudden Pressure Relaying, the four revised definitions 
referenced in the proposed standard, the assigned violation risk 
factors and violation severity levels, and the proposed implementation 
plan. We believe that proposed Reliability Standard PRC-005-4 will 
enhance reliability by requiring the inclusion of sudden pressure 
relays of certain criteria that are utilized in a trip application as 
part of the protection system maintenance program, and by requiring 
entities to undertake minimum required maintenance activities at 
maximum defined maintenance intervals.
    16. NERC has relied on the SPCS's determination that the only non-
electrical sensing devices that can impact reliable operation of the 
Bulk-Power System are the sudden pressure relays that can detect rapid 
changes in gas pressure, oil pressure, or oil flow that are indicative 
of faults within the transformer equipment, and can trip associated 
transformer circuitry to isolate the transformer and limit the 
potential damage of the equipment. We agree that these relays should be 
included in an adequate protection system maintenance program.
    17. However, we continue to have some concern that the misoperation 
of other types of non-electrical sensing relays or devices, such as 
pressure

[[Page 22447]]

sensing devices associated with air blast or SF6 circuit breaker arc 
extinguishing systems, could affect the reliable operation of the Bulk-
Power System. These non-electrical sensing devices are utilized in this 
context to give an indication that the circuit breaker may be unable to 
operate as designed on the Bulk-Power System. With regard to these 
types of devices, the SPCS stated that, ``there is no operating 
experience in which misoperation of a density switch or sensor [i.e, 
pressure sensing device] in response to a system disturbance has 
contributed to a cascading event.'' \19\ However, we expect Commission 
staff to continue exploring this issue with NERC, particularly in light 
of the findings in NERC's 2014 and 2013 State of Reliability reports 
that AC substation equipment failures remain among the leading causes 
of Bulk Power System problems.
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    \19\ SPCS Supplemental Report at 4.
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III. Information Collection Statement

    18. The following collection of information contained in this 
Notice of Proposed Rulemaking is subject to review by the Office of 
Management and Budget (OMB) under section 3507(d) of the Paperwork 
Reduction Act of 1995 (PRA).\20\ OMB's regulations require approval of 
certain information collection requirements imposed by agency 
rules.\21\ 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 a 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.
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    \20\ 44 U.S.C. 3507(d) (2006).
    \21\ 5 CFR 1320.11 (2012).
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    19. We solicit comments on the Commission's need for this 
information, whether the information will have practical utility, the 
accuracy of the burden estimates, ways to enhance the quality, utility, 
and clarity of the information to be collected or retained, and any 
suggested methods for minimizing respondents' burden, including the use 
of automated information techniques. Specifically, the Commission asks 
that any revised burden or cost estimates submitted by commenters be 
supported by sufficient detail to understand how the estimates are 
generated.
    20. The Commission proposes to approve Reliability Standard PRC-
005-4, which will replace PRC-005-3 (Protection System and Automatic 
Reclosing Maintenance). The proposed Reliability Standard expands the 
existing standard to cover sudden pressure relays that meet certain 
criteria, thereby imposing mandatory minimum maintenance activities and 
maximum maintenance intervals for the applicable relays. Because the 
specific requirements were designed to reflect common industry 
practice, entities are not expected to experience a meaningful change 
in actual maintenance and documentation practices. However, each 
applicable entity will have to perform a one-time review of sudden 
pressure relays that detect rapid changes in gas pressure, oil 
pressure, or oil flow that are indicative of faults within transformer 
equipment, and, if it has applicable sudden pressure relay devices, 
review current maintenance programs to ensure that they meet the 
requirements of proposed standard PRC-005-4. Accordingly, all 
additional information collection costs are expected to be limited to 
the first year of implementation of the revised standard.
    21. Proposed Reliability Standard PRC-005-4 reduces the evidence 
retention requirements approved in previously-approved versions of the 
standard, and now requires entities to maintain documentation of 
maintenance activities for only one maintenance cycle (a maximum of 
twelve years) if the maintenance interval is longer than the audit 
cycle. For maintenance activities where the interval is shorter than 
the audit cycle, documentation is to be retained for all maintenance 
activities since the previous audit. While the potential data retention 
requirement exceeds the three-year period that is routinely allowed for 
regulations requiring record retention under the OMB regulations 
implementing the PRA,\22\ the maximum evidence retention period has 
been reduced from 24 years to a maximum of 12 years as a result of the 
Commission's prior request for comment on the reasonableness of the 
evidence retention period in earlier versions of the standard, and 
appears to reflect the minimum time needed to ensure compliance with 
maintenance requirements.\23\
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    \22\ See 5 CFR 1320.5(d)(2)(iv).
    \23\ See Order No. 803, 150 FERC ] 61,039 at PP 37-38.
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    22. Public Reporting Burden: Affected entities must perform a one-
time review of their existing sudden pressure relay schemes and 
associated maintenance programs to ensure that the programs contain at 
a minimum the activities required by Reliability Standard PRC-005-4. If 
the existing maintenance program does not meet the criteria in 
Reliability Standard PRC-005-4, the entity will have to make certain 
adjustments to the program.
    23. Our estimate below assumes that the number of unique applicable 
entities (distribution providers, generator owners and transmission 
owners, or a combination of those) in the United States is 
approximately 1,287 \24\ and the time required to do the one-time 
review will be approximately eight hours. The estimate further assumes 
that the one-time review would be performed by an engineer at a rate of 
$65.34 per hour.\25\
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    \24\ This figure reflects the generator owners, transmission 
owners, and distribution providers identified in the NERC Compliance 
Registry as of February 27, 2015.
    \25\ The figure is taken from the Bureau of Labor Statistics at 
http://www.bls.gov/oes/current/naics2_22.htm; Occupation Code: 17-
2071).

                                      RM15-9-000 (Mandatory Reliability Standards: Reliability Standard PRC-005-4)
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                                                                                                                           Total annual
                                                             Number of     Annual number   Total number   Average burden   burden hours      Cost per
                                                            respondents    of responses    of responses    (hours) cost    total annual   respondent ($)
                                                                          per respondent                   per response        cost
                                                                     (1)             (2)   (1)*(2) = (3)             (4)   (3)*(4) = (5)       (5) / (1)
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One-time review of sudden pressure relay maintenance               1,287               1           1,287               8          10,296            $523
 program and adjustment.................................                                                            $523        $673,101
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[[Page 22448]]

    Title: FERC-725P1,\26\ Mandatory Reliability Standards: Reliability 
Standard PRC-005-4.
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    \26\ The FERC-725P1 is a temporary collection established so the 
Commission can submit this proposed rulemaking to OMB on time. 
However, the burden contained in this rulemaking should be contained 
in FERC-725G (OMB Control No. 1902-0252). Commission staff plans 
eventually to move this burden to FERC-725G.
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    Action: Proposed Collection of Information.
    OMB Control No: To be determined.
    Respondents: Business or other for-profit and not-for-profit 
institutions.
    Frequency of Responses: One time.
    Necessity of the Information: The proposed Reliability Standard 
PRC-005-4, if adopted, would implement the Congressional mandate of the 
Energy Policy Act of 2005 to develop mandatory and enforceable 
Reliability Standards to better ensure the reliability of the nation's 
Bulk-Power System. Specifically, the proposal would ensure that 
transmission and generation protection systems affecting the 
reliability of the bulk electric system are maintained and tested.
    24. Internal review: The Commission has reviewed revised 
Reliability Standard PRC-005-4 and made a determination that approval 
of this standard is necessary to implement section 215 of the FPA. The 
Commission has assured itself, by means of its internal review, that 
there is specific, objective support for the burden estimates 
associated with the information requirements.
    25. Interested persons may obtain information on the reporting 
requirements by contacting the Federal Energy Regulatory Commission, 
Office of the Executive Director, 888 First Street NE., Washington, DC 
20426 [Attention: Ellen Brown, email: DataClearance@ferc.gov, phone: 
(202) 502-8663, fax: (202) 273-0873].
    26. Comments concerning the information collections proposed in 
this NOPR and the associated burden estimates should be sent to the 
Commission in this docket and may also be sent to the Office of 
Management and Budget, Office of Information and Regulatory Affairs 
[Attention: Desk Officer for the Federal Energy Regulatory Commission]. 
For security reasons, comments should be sent by email to OMB at the 
following email address: oira_submission@omb.eop.gov. Please reference 
the docket number of this Notice of Proposed Rulemaking (Docket No. 
RM15-9-000) in your submission.

IV. Regulatory Flexibility Act Analysis

    27. The Regulatory Flexibility Act of 1980 (RFA) \27\ generally 
requires a description and analysis of Proposed Rules that will have 
significant economic impact on a substantial number of small entities. 
Proposed Reliability Standard PRC-005-4 is expected to impose an 
additional, one-time burden on 1,287 entities (distribution providers, 
generator owners, and transmission owners, or a combination thereof). 
Comparison of the applicable entities with FERC's small business data 
indicates that approximately 789 of the 1,287 entities are small 
entities, or 61.31 percent of the respondents affected by this proposed 
Reliability Standard.\28\
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    \27\ 5 U.S.C. 601-12. The number of small distribution providers 
required to comply with PRC-005-4 may decrease significantly. In 
March 2015, the Commission approved revisions to the NERC Rules of 
Procedure to implement NERC's ``risk based registration'' program, 
which raised the registry threshold for distribution providers from 
a 25 MW to 75 MW peak load. North American Electric Reliability 
Corp., 150 FERC ] 61,213 (2015).
    \28\ The Small Business Administration sets the threshold for 
what constitutes a small business. Public utilities may fall under 
one of several different categories, each with a size threshold 
based on the company's number of employees, including affiliates, 
the parent company, and subsidiaries. For the analysis in this NOPR, 
we are using a 500 employee threshold for each affected entity. Each 
entity is classified as Electric Bulk Power Transmission and Control 
(NAICS code 221121).
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    28. On average, each small entity affected may have a one-time cost 
of $523, representing a one-time review of the program for each entity, 
consisting of 8 man-hours at $65.34/hour, as explained above in the 
information collection statement. We do not consider this cost to be a 
significant economic impact for small entities. Accordingly, the 
Commission certifies that proposed Reliability Standard PRC-005-4 will 
not have a significant economic impact on a substantial number of small 
entities. The Commission seeks comment on this certification.

V. Environmental Analysis

    29. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant adverse effect on the human environment.\29\ The 
Commission has categorically excluded certain actions from this 
requirement as not having a significant effect on the human 
environment. Included in the exclusion are rules that are clarifying, 
corrective, or procedural or that do not substantially change the 
effect of the regulations being amended.\30\ The actions proposed 
herein fall within this categorical exclusion in the Commission's 
regulations.
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    \29\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \30\ 18 CFR 380.4(a)(2)(ii).
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VI. Comment Procedures

    30. 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 June 22, 2015. Comments must refer to 
Docket No. RM15-9-000, and must include the commenter's name, the 
organization they represent, if applicable, and address.
    31. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://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.
    32. 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.
    33. 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.

VII. Document Availability

    34. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through the Commission's Home Page (http://www.ferc.gov) and 
in the Commission's Public Reference Room during normal business hours 
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, 
Washington, DC 20426.
    35. 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 of this

[[Page 22449]]

document excluding the last three digits in the docket number field.
    36. 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.

    By direction of the Commission.

    Issued: April 16, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-09228 Filed 4-21-15; 8:45 am]
 BILLING CODE 6717-01-P



                                                 22444                  Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules

                                                 Street NE., Washington, DC 20426                        002–2, which focus information                         be viewed, printed, or downloaded
                                                 [Attention: Ellen Brown, email:                         collection on bulk electric system                     remotely as described in the Document
                                                 DataClearance@ferc.gov, phone: (202)                    facilities having Interconnection-wide                 Availability section below. Commenters
                                                 502–8663, fax: (202) 273–0873].                         impacts worthy of collecting. The                      on this proposal are not required to
                                                   16. Comments concerning the                           proposed Reliability Standard applies to               serve copies of their comments on other
                                                 information collection proposed in this                 approximately 526 entities in the United               commenters.
                                                 Notice of Proposed Rulemaking and the                   States. The Commission estimates,
                                                 associated burden estimates, should be                  applying the MVA thresholds above,                     VII. Document Availability
                                                 sent to the Commission in this docket                   that approximately 52 (or 10 percent of                  25. In addition to publishing the full
                                                 and may also be sent to the Office of                   the 521) are small entities. The                       text of this document in the Federal
                                                 Management and Budget, Office of                        Commission estimates for these small                   Register, the Commission provides all
                                                 Information and Regulatory Affairs                      entities, proposed Reliability Standard                interested persons an opportunity to
                                                 [Attention: Desk Officer for the Federal                PRC–002–2 Requirement R1 may need                      view and/or print the contents of this
                                                 Energy Regulatory Commission]. For                      to be evaluated and documented every                   document via the Internet through the
                                                 security reasons, comments should be                    five years with costs of $9,847 for each               Commission’s Home Page (http://
                                                 sent by email to OMB at the following                   evaluation. From this set of small                     www.ferc.gov) and in the Commission’s
                                                 email address: oira_submission@                         entities, the Commission estimates that                Public Reference Room during normal
                                                 omb.eop.gov. Please reference FERC–                     five percent, or only two or three small               business hours (8:30 a.m. to 5:00 p.m.
                                                 725G2 and the docket numbers of this                    entities, may be affected by the other                 Eastern time) at 888 First Street NE.,
                                                 Notice of Proposed Rulemaking (Docket                   requirements, i.e., Requirements R2                    Room 2A, Washington, DC 20426.
                                                 No. RM15–4–000) in your submission.                     through R12, of proposed Reliability                     26. From the Commission’s Home
                                                 IV. Environmental Analysis                              Standard PRC–002–2. Based on a prior                   Page on the Internet, this information is
                                                                                                         industry-sponsored survey, annual                      available on eLibrary. The full text of
                                                   17. The Commission is required to                     compliance costs will average                          this document is available on eLibrary
                                                 prepare an Environmental Assessment                     $100,000–$160,000 for entities subject                 in PDF and Microsoft Word format for
                                                 or an Environmental Impact Statement                    to these requirements.28 Accordingly,                  viewing, printing, and/or downloading.
                                                 for any action that may have a                          the Commission certifies that the                      To access this document in eLibrary,
                                                 significant adverse effect on the human                 proposed Reliability Standard will not                 type the docket number of this
                                                 environment.25 This action has been                     have a significant economic impact on                  document, excluding the last three
                                                 categorically excluded under section                    a substantial number of small entities.                digits in the docket number field.
                                                 380.4(a)(2)(ii) of the Commission’s                                                                              27. User assistance is available for
                                                 regulations, addressing the collection of               VI. Comment Procedures
                                                                                                                                                                eLibrary and the Commission’s Web site
                                                 information.26                                             21. The Commission invites interested               during normal business hours from the
                                                 V. Regulatory Flexibility Act                           persons to submit comments on the                      Commission’s Online Support at (202)
                                                                                                         matters and issues proposed in this                    502–6652 (toll free at 1 (866) 208–3676)
                                                   18. The Regulatory Flexibility Act of                 notice to be adopted, including any
                                                 1980 (RFA) 27 generally requires a                                                                             or email at ferconlinesupport@ferc.gov,
                                                                                                         related matters or alternative proposals               or the Public Reference Room at (202)
                                                 description and analysis of proposed                    that commenters may wish to discuss.
                                                 rules that will have significant                                                                               502–8371, TTY (202) 502–8659. Email
                                                                                                         Comments are due June 22, 2015.                        the Public Reference Room at
                                                 economic impact on a substantial                        Comments must refer to Docket No.
                                                 number of small entities.                                                                                      public.referenceroom@ferc.gov.
                                                                                                         RM15–4–000, and must include the
                                                   19. The Small Business                                commenter’s name, the organization                       By direction of the Commission.
                                                 Administration (SBA) revised its size                   they represent, if applicable, and their                 Issued: April 16, 2015.
                                                 standards (effective January 22, 2014)                  address in their comments.                             Kimberly D. Bose,
                                                 for electric utilities from a standard                     22. The Commission encourages                       Secretary.
                                                 based on megawatt hours to a standard                   comments to be filed electronically via                [FR Doc. 2015–09219 Filed 4–21–15; 8:45 am]
                                                 based on the number of employees,                       the eFiling link on the Commission’s                   BILLING CODE 6717–01–P
                                                 including affiliates. Under SBA’s new                   Web site at http://www.ferc.gov. The
                                                 standards, some transmission owners                     Commission accepts most standard
                                                 and generation owners will possibly fall                word processing formats. Documents                     DEPARTMENT OF ENERGY
                                                 under the following category and                        created electronically using word
                                                 associated size threshold: Electric bulk                processing software should be filed in                 Federal Energy Regulatory
                                                 power transmission and control at 500                   native applications or print-to-PDF                    Commission
                                                 employees; hydroelectric power                          format and not in a scanned format.
                                                 generation at 500 employees; fossil fuel                Commenters filing electronically do not                18 CFR Part 40
                                                 electric power generation at 750                        need to make a paper filing.
                                                 employees; nuclear electric power                          23. Commenters that are not able to                 [Docket No. RM15–9–000]
                                                 generation at 750 employees.                            file comments electronically must send
                                                   20. The Commission estimates that                                                                            Protection System, Automatic
                                                                                                         an original of their comments to:
                                                 the number of applicable small entities                                                                        Reclosing, and Sudden Pressure
                                                                                                         Federal Energy Regulatory Commission,
                                                 will be minimal due to the gross million                                                                       Relaying Maintenance Reliability
                                                                                                         Secretary of the Commission, 888 First
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                                                 volt amps (MVA) thresholds embedded                                                                            Standard
                                                                                                         Street NE., Washington, DC 20426.
                                                 into proposed Reliability Standard PRC–                    24. All comments will be placed in                  AGENCY: Federal Energy Regulatory
                                                                                                         the Commission’s public files and may                  Commission, Department of Energy.
                                                   25 Regulations Implementing the National

                                                 Environmental Policy Act of 1969, Order No. 486,          28 See NERC Petition Ex. G (Record of
                                                                                                                                                                ACTION: Notice of proposed rulemaking.
                                                 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.        Development) at 257 of pdf file, providing link to:
                                                 Preambles 1986–1990 ¶ 30,783 (1987).                    NERC Cost Effective Analysis Process (CEAP) Pilot
                                                                                                                                                                SUMMARY:  Pursuant to the Federal Power
                                                   26 18 CFR 380.4(a)(2)(ii).
                                                                                                         for NERC Project 2007–11—Disturbance                   Act, the Commission proposes to
                                                   27 5 U.S.C. 601–612.                                  Monitoring—PRC–002–2 at 8 (Apr. 9, 2014).              approve a revised Reliability Standard,


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                                                                          Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules                                                    22445

                                                 PRC–005–4 (Protection System,                             revised definitions referenced in the                  guidance on the types of protection
                                                 Automatic Reclosing and Sudden                            proposed Reliability Standard, as well                 system equipment to which the
                                                 Pressure Relaying Maintenance),                           as NERC’s proposed violation risk                      Reliability Standard did or did not
                                                 developed and submitted by the North                      factors, violation severity levels, and                apply. In reviewing NERC’s
                                                 American Electric Reliability                             implementation plan. Consistent with                   interpretation, the Commission raised
                                                 Corporation (NERC). In addition, the                      Order No. 758,2 the proposed Reliability               several concerns about potential gaps in
                                                 Commission proposes to approve one                        Standard requires applicable entities to               the coverage of PRC–005–1, including a
                                                 new definition and four revised                           test and maintain certain sudden                       concern that the standard as written
                                                 definitions referenced in the proposed                    pressure relays as part of a protection                may not include all components that
                                                 Reliability Standard, as well as NERC’s                   system maintenance program.                            serve in some protective capacity.7
                                                 proposed violation risk factors, violation
                                                                                                                                                                  B. NERC Petition and Proposed
                                                 severity levels, and implementation
                                                                                                           I. Background                                          Standard PRC–005–4
                                                 plan. Consistent with Order No. 758, the
                                                 proposed Reliability Standard requires                                                                              5. On December 18, 2014, NERC
                                                                                                           A. Regulatory Background                               submitted a petition seeking approval of
                                                 applicable entities to test and maintain
                                                 certain sudden pressure relays as part of                    2. Section 215 of the FPA requires a                proposed Reliability Standard PRC–
                                                 a protection system maintenance                           Commission-certified ERO to develop                    005–4, which would add to the
                                                 program.                                                  mandatory and enforceable Reliability                  applicability of Reliability Standard
                                                                                                           Standards, subject to Commission                       PRC–005–3 those sudden pressure
                                                 DATES: Comments are due June 22, 2015.
                                                                                                           review and approval.3 Once approved,                   relays that NERC has identified as
                                                 ADDRESSES: Comments, identified by                        the Reliability Standards may be                       having a potential effect on the reliable
                                                 docket number, may be filed in the                        enforced by the ERO subject to                         operation of the Bulk-Power System.8
                                                 following ways:                                           Commission oversight, or by the                        NERC states that these revisions were
                                                    • Electronic Filing through http://                    Commission independently.4 In 2006,                    developed to satisfy NERC’s
                                                 www.ferc.gov. Documents created                           the Commission certified NERC as the                   commitment to develop modifications
                                                 electronically using word processing                      ERO pursuant to FPA section 215.5                      to PRC–005 that would address the
                                                 software should be filed in native                           3. In 2007, the Commission approved                 Commission’s concerns, as set out in
                                                 applications or print-to-PDF format and                   an initial set of Reliability Standards                Order No. 758, regarding the lack of
                                                 not in a scanned format.                                  submitted by NERC, including initial
                                                    • Mail/Hand Delivery: Those unable                                                                            maintenance requirements for non-
                                                                                                           versions of four protection system and                 electrical sensing relays (such as sudden
                                                 to file electronically may mail or hand-                  load-shedding-related maintenance
                                                 deliver comments to: Federal Energy                                                                              pressure relays) that could affect the
                                                                                                           standards: PRC–005–1, PRC–008–0,                       reliable operation of the Bulk-Power
                                                 Regulatory Commission, Secretary of the                   PRC–011–0, and PRC–017–0.6 In
                                                 Commission, 888 First Street NE.,                                                                                System.9
                                                                                                           addition, the Commission directed                         6. NERC states that sudden pressure
                                                 Washington, DC 20426.                                     NERC to develop a revision to PRC–
                                                    Instructions: For detailed instructions                                                                       relays ‘‘are designed to quickly detect
                                                                                                           005–1 incorporating a maximum time                     faults on the Bulk-Power System
                                                 on submitting comments and additional
                                                                                                           interval during which to conduct                       transformer equipment that may remain
                                                 information on the rulemaking process,
                                                                                                           maintenance and testing of protection                  undetected by other Protection Systems,
                                                 see the Comment Procedures Section of
                                                                                                           systems, and to consider combining into                and can operate to limit any potential
                                                 this document.
                                                                                                           one standard the various maintenance                   damage on the equipment.’’ 10 NERC
                                                 FOR FURTHER INFORMATION CONTACT:                          and testing requirements for all of the
                                                 Tom Bradish (Technical Information),                      maintenance and testing-related                           7 See Order No. 758, 138 FERC ¶ 61,094 at P 12.
                                                    Office of Electric Reliability, Federal                standards for protection systems,                      NERC has addressed the Commission’s concerns
                                                    Energy Regulatory Commission, 888                      underfrequency load shedding (UFLS)                    stated in Order No. 758 through a series of projects
                                                    First Street NE., Washington, DC                                                                              modifying the PRC–005 standard. See Protection
                                                                                                           equipment and undervoltage load                        System Maintenance Reliability Standard, Order
                                                    20426, (301) 665–1391, Tom.Bradish@                    shedding (UVLS) equipment.                             No. 793, 145 FERC ¶ 61,253 (2013) (approving
                                                    ferc.gov.                                                 4. In February 2012, the Commission                 Reliability Standard PRC–005–2, which
                                                 Julie Greenisen (Legal Information),                      issued Order No. 758 in response to                    incorporated specific minimum maintenance
                                                    Office of the General Counsel, Federal                                                                        activities and maximum time intervals for
                                                                                                           NERC’s request for approval of its                     maintenance of individual components of the
                                                    Energy Regulatory Commission, 888                      interpretation of Requirement R1 of the                protection systems and load shedding equipment
                                                    First Street NE., Washington, DC                       then-current version of the protection                 affecting the bulk electric system); Protection
                                                    20426, (202) 502–6362,                                 system maintenance standard,                           System Maintenance Reliability Standard, Order
                                                    julie.greenisen@ferc.gov.                                                                                     No. 803,150 FERC ¶ 61,039 (2015) (approving PRC–
                                                                                                           Reliability Standard PRC–005–1. In that                005–3 and directing NERC to develop a
                                                 SUPPLEMENTARY INFORMATION:                                order, the Commission accepted NERC’s                  modification to include maintenance and testing of
                                                    1. Pursuant to section 215 of the                      proposed interpretation of Requirement                 supervisory relays associated with relevant
                                                 Federal Power Act (FPA),1 the                                                                                    autoreclosing relay schemes).
                                                                                                           R1, which interpretation provided                         8 Proposed Reliability Standard PRC–005–4 is not
                                                 Commission proposes to approve a
                                                                                                                                                                  attached to the NOPR; however, the complete text
                                                 revised Reliability Standard, PRC–005–                       2 Interpretation of Protection System Reliability
                                                                                                                                                                  of the proposed Reliability Standard is available on
                                                 4 (Protection System, Automatic                           Standard, Order No. 758, 138 FERC ¶ 61,094,            the Commission’s eLibrary document retrieval
                                                 Reclosing and Sudden Pressure                             clarification denied, 139 FERC ¶ 61,227 (2012).        system in Docket No. RM15–9–000 and is posted on
                                                                                                              3 16 U.S.C. at 824o(c) and (d).
                                                 Relaying Maintenance), developed and                                                                             NERC’s Web site, available at: http://
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                                                                                                              4 See id. at 824o(e).                               www.nerc.com.
                                                 submitted by the North American                              5 North American Electric Reliability Corp., 116       9 See NERC Petition at 3, 9.
                                                 Electric Reliability Corporation (NERC),                  FERC ¶ 61,062, order on reh’g & compliance, 117           10 Id. at 3. NERC describes sudden pressure relays
                                                 the Commission-certified Electric                         FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc.       as relays which ‘‘respond to changes in pressure
                                                 Reliability Organization (ERO). In                        v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).               and are utilized as protective devices for power
                                                                                                              6 Mandatory Reliability Standards for the Bulk      transformers,’’ and which may ‘‘detect rapid
                                                 addition, the Commission proposes to
                                                                                                           Power System, Order No. 693, FERC Stats. & Regs.       changes in gas pressure, oil pressure, or oil flow
                                                 approve one new definition and four                       ¶ 31,242, at PP 1474, 1492, 1497, and 1514, order      that are indicative of faults within the transformer
                                                                                                           on reh’g, Order No. 693–A, 120 FERC ¶ 61,053           equipment.’’ Id. at 13. NERC notes that in addition
                                                   1 16   U.S.C. 824o (2012).                              (2007).                                                                                            Continued




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                                                 22446                  Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules

                                                 states that the ‘‘misoperation of sudden                Supplemental Report concluded that                     pressure relays. NERC asks that PRC–
                                                 pressure relays that initiate tripping in               neither device affected the reliable                   005–4 become effective the first day of
                                                 response to fault conditions can impact                 operation of the Bulk-Power System.                    the first calendar quarter following
                                                 the reliability of the Bulk-Power                          9. NERC states that the standard                    Commission approval. Reliability
                                                 System,’’ and accordingly proposes                      drafting team that was tasked with                     Standard PRC–005–3 would be retired
                                                 revisions to PRC–005–3 that will require                developing the modifications to PRC–                   immediately prior to PRC–005–4
                                                 entities to document and implement                      005 in response to Order No. 758                       becoming effective.
                                                 programs for maintenance of applicable                  adopted the SPCS Report’s                                13. NERC explains that the evidence
                                                 sudden pressure relays.11                               recommendations, both as to the scope                  retention period for PRC–005–4 is
                                                    7. NERC explains that, consistent with               of additional relays included, and as to               shorter than that required in the
                                                 Order No. 758, NERC’s System                            the required minimum maintenance                       preceding versions of the standard, as it
                                                 Protection and Control Subcommittee                     activities and maximum maintenance                     requires entities to maintain records for
                                                 (SPCS) performed a technical study ‘‘to                 intervals for these relays.                            one maintenance cycle, rather than two
                                                 determine which devices that respond                       10. NERC maintains that proposed                    cycles, if the interval of the maintenance
                                                 to non-electrical quantities should be                  Reliability Standard PRC–005–4 will                    activity is longer than the audit cycle.
                                                 addressed within PRC–005 identified                     enhance reliability by extending the                   For maintenance activities where the
                                                 devices.’’ 12 NERC states that the SPCS                 coverage of an applicable entity’s                     interval is shorter than the audit cycle,
                                                 considered a broad range of devices that                protection system maintenance program                  documentation is to be retained for all
                                                 respond to non-electrical quantities,                   to include sudden pressure relaying                    maintenance activities since the
                                                 starting with the list of ninety-four                   components. NERC further maintains                     previous audit.
                                                 devices included in the IEEE Standard                   that the proposed standard satisfies the                 14. NERC states that the violation risk
                                                 Electrical Power System Device                          Commission’s concerns as raised in                     factors proposed in PRC–005–4 track
                                                 Function Numbers, then applying                         Order No. 758 ‘‘by including . . .                     those in previous versions of the
                                                 ‘‘multiple layers of analysis to each                   sudden pressure relays that detect [a]                 standard, and that the violation severity
                                                 device to select the ones that can affect               fault on Bulk-Power System transformer                 levels have been revised to include the
                                                 the reliability of the Bulk-Power                       equipment and trip in response to fault                additional component (sudden pressure
                                                 System.’’ 13 The SPCS first determined                  conditions, as recommended by the                      relays) in a manner consistent with the
                                                 that only those devices that initiate                   SPCS Report.’’ 16                                      approach taken for PRC–005–3.
                                                 action to clear faults or mitigate                         11. NERC explains that proposed
                                                                                                                                                                II. Discussion
                                                 abnormal system conditions presented a                  Reliability Standard PRC–005–4 has
                                                 risk to the Bulk-Power System. Next, the                been modified to include a new                            15. Pursuant to section 215(d)(2) of
                                                 SPCS eliminated those devices that                      definition for ‘‘Sudden Pressure                       the FPA, the Commission proposes to
                                                 were ‘‘previously considered as a result                Relaying,’’, as well as four revised                   approve Reliability Standard PRC–005–
                                                 of the revised definition of Protection                 definitions as part of an applicable                   4, as well as the new definition of
                                                 System or those that are clearly not                    entity’s protection system maintenance                 Sudden Pressure Relaying, the four
                                                 protective devices, such as primary                     program.17 NERC further explains that                  revised definitions referenced in the
                                                 equipment and control devices.’’ 14                     the proposed standard would include a                  proposed standard, the assigned
                                                 Finally, the SPCS conducted an in-                      sudden pressure relay that trips an                    violation risk factors and violation
                                                 depth analysis of the remaining devices,                interrupting device to isolate the                     severity levels, and the proposed
                                                 and concluded that only one category—                   equipment it is monitoring, but ‘‘does                 implementation plan. We believe that
                                                 sudden pressure relays that are utilized                not include other non-electric sensing                 proposed Reliability Standard PRC–
                                                 in a trip application—should be                         devices, pressure relays that only                     005–4 will enhance reliability by
                                                 included in the revised PRC–005–4.                      initiate an alarm, or pressure relief                  requiring the inclusion of sudden
                                                    8. NERC also explains that the SPCS                  devices.’’ 18 In addition, NERC explains               pressure relays of certain criteria that
                                                 developed a Supplemental Report in                      that the revised standard replaces the                 are utilized in a trip application as part
                                                 response to comments and questions                      term ‘‘Special Protection System’’ with                of the protection system maintenance
                                                 about its initial recommendations from                  the term ‘‘Remedial Action Scheme,’’ to                program, and by requiring entities to
                                                 the Commission staff. These comments                    align the standard with NERC’s                         undertake minimum required
                                                 and questions focused on whether PRC–                   employment of the latter term moving                   maintenance activities at maximum
                                                 005 should include turbine generator                    forward, and revises Applicability                     defined maintenance intervals.
                                                 vibration monitors and circuit breaker                  section 4.2.6.1 to address how the                        16. NERC has relied on the SPCS’s
                                                 arc extinguishing systems.15 The SPCS                   largest BES generating unit would be                   determination that the only non-
                                                 Supplemental Report, issued on October                  determined in circumstances involving                  electrical sensing devices that can
                                                 31, 2014, examined these two kinds of                   a Reserve Sharing Group.                               impact reliable operation of the Bulk-
                                                 devices and provided information on                        12. NERC’s proposed implementation                  Power System are the sudden pressure
                                                 events during which these devices                       plan for PRC–005–4 incorporates the                    relays that can detect rapid changes in
                                                 operated or failed to operate. The                      phased-in implementation period                        gas pressure, oil pressure, or oil flow
                                                                                                         approved for PRC–005–2, which has a                    that are indicative of faults within the
                                                 to detecting faults, certain sudden pressure relays     twelve year phase-in period, with the                  transformer equipment, and can trip
                                                 can trip the associated transformer circuitry in                                                               associated transformer circuitry to
                                                 response to the fault conditions.
                                                                                                         addition of compliance dates for the
                                                                                                         new requirements for applicable sudden                 isolate the transformer and limit the
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                                                   11 Id. at 3–4.
                                                   12 Id. at 4.                                                                                                 potential damage of the equipment. We
                                                   13 Id. at 10.                                           16 NERC    Petition at 12.                           agree that these relays should be
                                                   14 Id.                                                  17 NERC    proposes to modify the definitions of     included in an adequate protection
                                                   15 NERC Petition at 11, Ex. E, Sudden Pressure        Protection System Maintenance Program,                 system maintenance program.
                                                 Relays and Other Devices that Respond to Non-           Component Type, Component, and Countable Event            17. However, we continue to have
                                                 Electrical Quantities: Supplemental Information to      to reflect the addition of sudden pressure relays to
                                                 Support Project 2007–17.3: Protection System            the scope of a required maintenance program. NERC      some concern that the misoperation of
                                                 Maintenance and Testing, NERC SPCS (Oct. 31,            Petition at 15–16.                                     other types of non-electrical sensing
                                                 2014) (SPCS Supplemental Report).                         18 Id. at 18.                                        relays or devices, such as pressure


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                                                                             Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules                                                          22447

                                                 sensing devices associated with air blast                         quality, utility, and clarity of the                    maintain documentation of maintenance
                                                 or SF6 circuit breaker arc extinguishing                          information to be collected or retained,                activities for only one maintenance
                                                 systems, could affect the reliable                                and any suggested methods for                           cycle (a maximum of twelve years) if the
                                                 operation of the Bulk-Power System.                               minimizing respondents’ burden,                         maintenance interval is longer than the
                                                 These non-electrical sensing devices are                          including the use of automated                          audit cycle. For maintenance activities
                                                 utilized in this context to give an                               information techniques. Specifically,                   where the interval is shorter than the
                                                 indication that the circuit breaker may                           the Commission asks that any revised                    audit cycle, documentation is to be
                                                 be unable to operate as designed on the                           burden or cost estimates submitted by                   retained for all maintenance activities
                                                 Bulk-Power System. With regard to                                 commenters be supported by sufficient                   since the previous audit. While the
                                                 these types of devices, the SPCS stated                           detail to understand how the estimates                  potential data retention requirement
                                                 that, ‘‘there is no operating experience                          are generated.                                          exceeds the three-year period that is
                                                 in which misoperation of a density                                   20. The Commission proposes to                       routinely allowed for regulations
                                                 switch or sensor [i.e, pressure sensing                           approve Reliability Standard PRC–005–                   requiring record retention under the
                                                 device] in response to a system                                   4, which will replace PRC–005–3                         OMB regulations implementing the
                                                 disturbance has contributed to a                                  (Protection System and Automatic                        PRA,22 the maximum evidence
                                                 cascading event.’’ 19 However, we                                 Reclosing Maintenance). The proposed                    retention period has been reduced from
                                                 expect Commission staff to continue                               Reliability Standard expands the                        24 years to a maximum of 12 years as
                                                 exploring this issue with NERC,                                   existing standard to cover sudden                       a result of the Commission’s prior
                                                 particularly in light of the findings in                          pressure relays that meet certain                       request for comment on the
                                                 NERC’s 2014 and 2013 State of                                     criteria, thereby imposing mandatory                    reasonableness of the evidence retention
                                                 Reliability reports that AC substation                            minimum maintenance activities and                      period in earlier versions of the
                                                 equipment failures remain among the                               maximum maintenance intervals for the                   standard, and appears to reflect the
                                                 leading causes of Bulk Power System                               applicable relays. Because the specific                 minimum time needed to ensure
                                                 problems.                                                         requirements were designed to reflect                   compliance with maintenance
                                                 III. Information Collection Statement                             common industry practice, entities are                  requirements.23
                                                    18. The following collection of                                not expected to experience a meaningful                    22. Public Reporting Burden: Affected
                                                 information contained in this Notice of                           change in actual maintenance and                        entities must perform a one-time review
                                                 Proposed Rulemaking is subject to                                 documentation practices. However, each                  of their existing sudden pressure relay
                                                 review by the Office of Management and                            applicable entity will have to perform a                schemes and associated maintenance
                                                 Budget (OMB) under section 3507(d) of                             one-time review of sudden pressure                      programs to ensure that the programs
                                                 the Paperwork Reduction Act of 1995                               relays that detect rapid changes in gas                 contain at a minimum the activities
                                                 (PRA).20 OMB’s regulations require                                pressure, oil pressure, or oil flow that                required by Reliability Standard PRC–
                                                 approval of certain information                                   are indicative of faults within                         005–4. If the existing maintenance
                                                 collection requirements imposed by                                transformer equipment, and, if it has                   program does not meet the criteria in
                                                 agency rules.21 Upon approval of a                                applicable sudden pressure relay                        Reliability Standard PRC–005–4, the
                                                 collection(s) of information, OMB will                            devices, review current maintenance                     entity will have to make certain
                                                 assign an OMB control number and an                               programs to ensure that they meet the                   adjustments to the program.
                                                 expiration date. Respondents subject to                           requirements of proposed standard                          23. Our estimate below assumes that
                                                 the filing requirements of a rule will not                        PRC–005–4. Accordingly, all additional                  the number of unique applicable entities
                                                 be penalized for failing to respond to                            information collection costs are                        (distribution providers, generator
                                                 these collections of information unless                           expected to be limited to the first year                owners and transmission owners, or a
                                                 the collections of information display a                          of implementation of the revised                        combination of those) in the United
                                                 valid OMB control number.                                         standard.                                               States is approximately 1,287 24 and the
                                                    19. We solicit comments on the                                    21. Proposed Reliability Standard                    time required to do the one-time review
                                                 Commission’s need for this information,                           PRC–005–4 reduces the evidence                          will be approximately eight hours. The
                                                 whether the information will have                                 retention requirements approved in                      estimate further assumes that the one-
                                                 practical utility, the accuracy of the                            previously-approved versions of the                     time review would be performed by an
                                                 burden estimates, ways to enhance the                             standard, and now requires entities to                  engineer at a rate of $65.34 per hour.25

                                                                          RM15–9–000 (MANDATORY RELIABILITY STANDARDS: RELIABILITY STANDARD PRC–005–4)
                                                                                                                                      Annual                               Average           Total annual        Cost per
                                                                                                                Number of            number of        Total number      burden (hours)       burden hours       respondent
                                                                                                               respondents        responses per       of responses         cost per           total annual          ($)
                                                                                                                                    respondent                            response                cost

                                                                                                                    (1)                  (2)           (1)*(2) = (3)          (4)            (3)*(4) = (5)        (5) ÷ (1)

                                                 One-time review of sudden pressure
                                                  relay maintenance program and ad-
                                                  justment ................................................               1,287                   1             1,287                  8           10,296                 $523
                                                                                                                                                                                    $523         $673,101
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                                                   19 SPCS  Supplemental Report at 4.                                 23 See Order No. 803, 150 FERC ¶ 61,039 at PP        identified in the NERC Compliance Registry as of
                                                   20 44 U.S.C. 3507(d) (2006).                                    37–38.                                                  February 27, 2015.
                                                   21 5 CFR 1320.11 (2012).                                           24 This figure reflects the generator owners,          25 The figure is taken from the Bureau of Labor

                                                   22 See 5 CFR 1320.5(d)(2)(iv).                                  transmission owners, and distribution providers         Statistics at http://www.bls.gov/oes/current/naics2_
                                                                                                                                                                           22.htm; Occupation Code: 17–2071).



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                                                 22448                  Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules

                                                    Title: FERC–725P1,26 Mandatory                       IV. Regulatory Flexibility Act Analysis                 substantially change the effect of the
                                                 Reliability Standards: Reliability                         27. The Regulatory Flexibility Act of                regulations being amended.30 The
                                                 Standard PRC–005–4.                                     1980 (RFA) 27 generally requires a                      actions proposed herein fall within this
                                                    Action: Proposed Collection of                       description and analysis of Proposed                    categorical exclusion in the
                                                 Information.                                            Rules that will have significant                        Commission’s regulations.
                                                    OMB Control No: To be determined.                    economic impact on a substantial                        VI. Comment Procedures
                                                                                                         number of small entities. Proposed
                                                    Respondents: Business or other for-                                                                             30. The Commission invites interested
                                                                                                         Reliability Standard PRC–005–4 is
                                                 profit and not-for-profit institutions.                                                                         persons to submit comments on the
                                                                                                         expected to impose an additional, one-
                                                    Frequency of Responses: One time.                                                                            matters and issues proposed in this
                                                                                                         time burden on 1,287 entities
                                                                                                                                                                 notice to be adopted, including any
                                                    Necessity of the Information: The                    (distribution providers, generator
                                                                                                                                                                 related matters or alternative proposals
                                                 proposed Reliability Standard PRC–                      owners, and transmission owners, or a
                                                                                                         combination thereof). Comparison of the                 that commenters may wish to discuss.
                                                 005–4, if adopted, would implement the                                                                          Comments are due June 22, 2015.
                                                 Congressional mandate of the Energy                     applicable entities with FERC’s small
                                                                                                         business data indicates that                            Comments must refer to Docket No.
                                                 Policy Act of 2005 to develop                                                                                   RM15–9–000, and must include the
                                                 mandatory and enforceable Reliability                   approximately 789 of the 1,287 entities
                                                                                                         are small entities, or 61.31 percent of                 commenter’s name, the organization
                                                 Standards to better ensure the reliability                                                                      they represent, if applicable, and
                                                 of the nation’s Bulk-Power System.                      the respondents affected by this
                                                                                                         proposed Reliability Standard.28                        address.
                                                 Specifically, the proposal would ensure                                                                            31. The Commission encourages
                                                 that transmission and generation                           28. On average, each small entity
                                                                                                         affected may have a one-time cost of                    comments to be filed electronically via
                                                 protection systems affecting the                                                                                the eFiling link on the Commission’s
                                                 reliability of the bulk electric system are             $523, representing a one-time review of
                                                                                                         the program for each entity, consisting                 Web site at http://www.ferc.gov. The
                                                 maintained and tested.                                                                                          Commission accepts most standard
                                                                                                         of 8 man-hours at $65.34/hour, as
                                                    24. Internal review: The Commission                  explained above in the information                      word processing formats. Documents
                                                 has reviewed revised Reliability                        collection statement. We do not                         created electronically using word
                                                 Standard PRC–005–4 and made a                           consider this cost to be a significant                  processing software should be filed in
                                                 determination that approval of this                     economic impact for small entities.                     native applications or print-to-PDF
                                                 standard is necessary to implement                      Accordingly, the Commission certifies                   format and not in a scanned format.
                                                 section 215 of the FPA. The                             that proposed Reliability Standard PRC–                 Commenters filing electronically do not
                                                 Commission has assured itself, by                       005–4 will not have a significant                       need to make a paper filing.
                                                 means of its internal review, that there                economic impact on a substantial                           32. Commenters that are not able to
                                                 is specific, objective support for the                  number of small entities. The                           file comments electronically must send
                                                 burden estimates associated with the                    Commission seeks comment on this                        an original of their comments to:
                                                 information requirements.                               certification.                                          Federal Energy Regulatory Commission,
                                                    25. Interested persons may obtain                                                                            Secretary of the Commission, 888 First
                                                                                                         V. Environmental Analysis                               Street NE., Washington, DC 20426.
                                                 information on the reporting
                                                                                                            29. The Commission is required to                       33. All comments will be placed in
                                                 requirements by contacting the Federal
                                                                                                         prepare an Environmental Assessment                     the Commission’s public files and may
                                                 Energy Regulatory Commission, Office
                                                                                                         or an Environmental Impact Statement                    be viewed, printed, or downloaded
                                                 of the Executive Director, 888 First
                                                                                                         for any action that may have a                          remotely as described in the Document
                                                 Street NE., Washington, DC 20426
                                                                                                         significant adverse effect on the human                 Availability section below. Commenters
                                                 [Attention: Ellen Brown, email:
                                                                                                         environment.29 The Commission has                       on this proposal are not required to
                                                 DataClearance@ferc.gov, phone: (202)
                                                                                                         categorically excluded certain actions                  serve copies of their comments on other
                                                 502–8663, fax: (202) 273–0873].
                                                                                                         from this requirement as not having a                   commenters.
                                                    26. Comments concerning the                          significant effect on the human
                                                 information collections proposed in this                                                                        VII. Document Availability
                                                                                                         environment. Included in the exclusion
                                                 NOPR and the associated burden                          are rules that are clarifying, corrective,                34. In addition to publishing the full
                                                 estimates should be sent to the                         or procedural or that do not                            text of this document in the Federal
                                                 Commission in this docket and may also                                                                          Register, the Commission provides all
                                                 be sent to the Office of Management and                    27 5 U.S.C. 601–12. The number of small              interested persons an opportunity to
                                                 Budget, Office of Information and                       distribution providers required to comply with          view and/or print the contents of this
                                                 Regulatory Affairs [Attention: Desk                     PRC–005–4 may decrease significantly. In March          document via the Internet through the
                                                                                                         2015, the Commission approved revisions to the
                                                 Officer for the Federal Energy                          NERC Rules of Procedure to implement NERC’s
                                                                                                                                                                 Commission’s Home Page (http://
                                                 Regulatory Commission]. For security                    ‘‘risk based registration’’ program, which raised the   www.ferc.gov) and in the Commission’s
                                                 reasons, comments should be sent by                     registry threshold for distribution providers from a    Public Reference Room during normal
                                                 email to OMB at the following email                     25 MW to 75 MW peak load. North American                business hours (8:30 a.m. to 5:00 p.m.
                                                                                                         Electric Reliability Corp., 150 FERC ¶ 61,213 (2015).
                                                 address: oira_submission@omb.eop.gov.                      28 The Small Business Administration sets the
                                                                                                                                                                 Eastern time) at 888 First Street NE.,
                                                 Please reference the docket number of                   threshold for what constitutes a small business.        Room 2A, Washington, DC 20426.
                                                 this Notice of Proposed Rulemaking                      Public utilities may fall under one of several            35. From the Commission’s Home
                                                 (Docket No. RM15–9–000) in your                         different categories, each with a size threshold        Page on the Internet, this information is
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                                                                                                         based on the company’s number of employees,             available on eLibrary. The full text of
                                                 submission.                                             including affiliates, the parent company, and
                                                                                                         subsidiaries. For the analysis in this NOPR, we are     this document is available on eLibrary
                                                   26 The FERC–725P1 is a temporary collection           using a 500 employee threshold for each affected        in PDF and Microsoft Word format for
                                                 established so the Commission can submit this           entity. Each entity is classified as Electric Bulk      viewing, printing, and/or downloading.
                                                 proposed rulemaking to OMB on time. However,            Power Transmission and Control (NAICS code
                                                                                                         221121).
                                                                                                                                                                 To access this document in eLibrary,
                                                 the burden contained in this rulemaking should be
                                                 contained in FERC–725G (OMB Control No. 1902–              29 Regulations Implementing the National             type the docket number of this
                                                 0252). Commission staff plans eventually to move        Environmental Policy Act of 1969, Order No. 486,
                                                 this burden to FERC–725G.                               FERC Stats. & Regs. ¶ 30,783 (1987).                     30 18   CFR 380.4(a)(2)(ii).



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                                                                        Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules                                            22449

                                                 document excluding the last three digits                spirits containing not less than 18                    eRulemaking Portal at http://
                                                 in the docket number field.                             percent and not more than 25 percent                   www.regulations.gov (IRS REG–103281–
                                                   36. User assistance is available for                  alcohol by volume, and to remove the                   11).
                                                 eLibrary and the Commission’s Web site                  current exclusion for distilled spirit                 FOR FURTHER INFORMATION CONTACT:
                                                 during normal business hours from the                   mixtures containing more than 5                        Concerning the proposed regulations,
                                                 Commission’s Online Support at 202–                     percent wine on a proof gallon basis.                  Kate Hwa at (202) 317–6934, or for
                                                 502–6652 (toll free at 1–866–208–3676)                    We have determined under 21 CFR                      questions related to tax treaties, Rosy
                                                 or email at ferconlinesupport@ferc.gov,                 25.32(k) that this action is of a type that            Lor at (202) 317–6933; concerning
                                                 or the Public Reference Room at (202)                   does not individually or cumulatively                  submissions of comments,
                                                 502–8371, TTY (202) 502–8659. Email                     have a significant effect on the human                 Oluwafunmilayo Taylor, (202) 317–
                                                 the Public Reference Room at                            environment. Therefore, neither an                     5179, (not toll-free numbers).
                                                 public.referenceroom@ferc.gov.                          environmental assessment nor an                        SUPPLEMENTARY INFORMATION:
                                                   By direction of the Commission.                       environmental impact statement is
                                                                                                         required.                                              Paperwork Reduction Act
                                                   Issued: April 16, 2015.
                                                 Nathaniel J. Davis, Sr.,                                  Dated: April 15, 2015.                                  The collection of information
                                                 Deputy Secretary.                                       Dennis M. Keefe,                                       contained in this notice of proposed
                                                 [FR Doc. 2015–09228 Filed 4–21–15; 8:45 am]             Director, Office of Food Additive Safety,              rulemaking has been submitted to the
                                                                                                         Center for Food Safety and Applied Nutrition.          Office of Management and Budget
                                                 BILLING CODE 6717–01–P
                                                                                                         [FR Doc. 2015–09248 Filed 4–21–15; 8:45 am]            (OMB) for review in accordance with
                                                                                                         BILLING CODE 4164–01–P
                                                                                                                                                                the Paperwork Reduction Act of 1995
                                                                                                                                                                (44 U.S.C. 3507(d)). Comments on the
                                                 DEPARTMENT OF HEALTH AND                                                                                       collection of information should be sent
                                                 HUMAN SERVICES                                                                                                 to the Office of Management and
                                                                                                         DEPARTMENT OF THE TREASURY
                                                                                                                                                                Budget, Attn: Desk Officer for the
                                                 Food and Drug Administration
                                                                                                         Internal Revenue Service                               Department of the Treasury, Office of
                                                                                                                                                                Information and Regulatory Affairs,
                                                 21 CFR Part 73
                                                                                                         26 CFR Parts 1, 301, and 602                           Washington, DC 20503, with copies to
                                                 [Docket No. FDA–2015–C–1154]                                                                                   the Internal Revenue Service, Attn: IRS
                                                                                                         [REG–103281–11]                                        Reports Clearance Officer,
                                                 E. & J. Gallo Winery; Filing of Color                   RIN 1545–BK06                                          SE:W:CAR:MP:T:T:SP, Washington, DC
                                                 Additive Petition                                                                                              20224. Comments on the collection of
                                                 AGENCY:    Food and Drug Administration,                Tax on Certain Foreign Procurement                     information should be received by June
                                                 HHS.                                                                                                           22, 2015. Comments are specifically
                                                                                                         AGENCY: Internal Revenue Service (IRS),                requested concerning:
                                                 ACTION:   Notice of petition.                           Treasury.                                                 Whether the proposed collection of
                                                                                                         ACTION: Notice of proposed rulemaking.                 information is necessary for the proper
                                                 SUMMARY:   The Food and Drug
                                                 Administration (FDA or we) is                                                                                  performance of the functions of the IRS,
                                                                                                         SUMMARY:   This document contains                      including whether the information will
                                                 announcing that we have filed a                         proposed regulations under section
                                                 petition, submitted by E. & J. Gallo                                                                           have practical utility;
                                                                                                         5000C of the Internal Revenue Code                        The accuracy of the estimated burden
                                                 Winery, proposing that the color                        relating to the 2 percent tax on
                                                 additive regulations be amended to                                                                             associated with the proposed collection
                                                                                                         payments made by the U.S. government                   of information;
                                                 provide for the safe use of mica-based                  to foreign persons pursuant to certain
                                                 pearlescent pigments as color additives                                                                           How the quality, utility, and clarity of
                                                                                                         contracts. The proposed regulations                    the information to be collected may be
                                                 in certain distilled spirits.                           affect U.S. government acquiring                       enhanced;
                                                 DATES: The color additive petition was                  agencies and foreign persons providing                    How the burden of complying with
                                                 filed on March 19, 2015.                                certain goods or services to the U.S.                  the proposed collection of information
                                                 FOR FURTHER INFORMATION CONTACT:                        government pursuant to a contract. This                may be minimized, including through
                                                 Salome Bhagan, Center for Food Safety                   document also contains proposed                        the application of automated collection
                                                 and Applied Nutrition (HFS–265), Food                   regulations under section 6114, with                   techniques or other forms of information
                                                 and Drug Administration, 5100 Paint                     respect to foreign persons claiming an                 technology; and
                                                 Branch Pkwy., College Park, MD 20740–                   exemption from the tax under an                           Estimates of capital or start-up costs
                                                 3835, 240–402–3041.                                     income tax treaty.                                     and costs of operation, maintenance,
                                                 SUPPLEMENTARY INFORMATION: Under                        DATES: Written or electronic comments                  and purchase of services to provide
                                                 section 721(d)(1) of the Federal Food,                  and requests for a public hearing must                 information.
                                                 Drug, and Cosmetic Act (21 U.S.C.                       be received by July 21, 2015.                             The collection of information in the
                                                 379e(d)(1)), we are giving notice that we               ADDRESSES: Send submissions to:                        proposed regulations is contained in a
                                                 have filed a color additive petition (CAP               CC:PA:LPD:PR (REG–103281–11),                          number of provisions including
                                                 5C0302), submitted by E. & J. Gallo                     Internal Revenue Service, Room 5203,                   §§ 1.5000C–2, 1.5000C–3, and 1.5000C–
                                                 Winery, c/o Keller and Heckman LLP,                     P.O. Box 7604, Ben Franklin Station,                   4. Responses to these collections of
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                                                 Three Embarcadero Center, Suite 1420,                   Washington, DC 20044. Submissions                      information are required to verify the
                                                 San Francisco, CA 94111. The petition                   may be hand-delivered Monday through                   status of foreign persons to whom
                                                 proposes to amend the color additive                    Friday between the hours of 8 a.m. and                 specified Federal procurement
                                                 regulations in § 73.350 Mica-based                      4 p.m. to CC:PA:LPD:PR (REG–103281–                    payments subject to the section 5000C
                                                 pearlescent pigments (21 CFR 73.350) to                 11), Courier’s Desk, Internal Revenue                  tax are made; to obtain a benefit (to
                                                 provide for the safe use of mica-based                  Service, 1111 Constitution Avenue NW.,                 claim an exemption to, or a reduction
                                                 pearlescent pigments at a level of up to                Washington, DC 20224; or sent                          in, withholding); and to facilitate tax
                                                 0.07 percent by weight in distilled                     electronically via the Federal                         compliance (to verify entitlement to an


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Document Created: 2015-12-16 08:27:36
Document Modified: 2015-12-16 08:27:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments are due June 22, 2015.
ContactTom Bradish (Technical Information), Office of Electric Reliability, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (301) 665-1391, [email protected]
FR Citation80 FR 22444 

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