83 FR 44521 - Standards for Business Practices of Interstate Natural Gas Pipelines
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 83, Issue 170 (August 31, 2018)
Federal Energy Regulatory Commission
Federal Register Volume 83, Issue 170 (August 31, 2018)
| Page Range | 44521-44528 | |
| FR Document | 2018-18473 |
[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)] [Proposed Rules] [Pages 44521-44528] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18473] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 284 [Docket No. RM96-1-041] Standards for Business Practices of Interstate Natural Gas Pipelines AGENCY: Federal Energy Regulatory Commission. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations to incorporate by reference, with certain enumerated exceptions, the latest version (Version 3.1) of business practice standards adopted by the Wholesale Gas Quadrant of the North American Energy Standards Board (NAESB) applicable to natural gas pipelines in place of the currently incorporated version (Version 3.0) of those business practice standards. DATES: Comments are due October 1, 2018. ADDRESSES: Comments, identified by the docket number of this proceeding, may be filed electronically at http://www.ferc.gov in acceptable native applications and print-to-PDF, but not in scanned or picture format. For those unable to file electronically, comments may be filed by mail or hand-delivery to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426. The Comment Procedures Section of this document contains more detailed filing procedures. FOR FURTHER INFORMATION CONTACT: Stanley Wolf (technical issues), Office of Energy Policy and Innovation, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, Telephone: (202) 502-6841, E-mail: stanley.wolf@ferc.gov. Oscar F. Santillana (technical issues), Office of Energy Market Regulation, Federal Energy Regulatory [[Page 44522]] Commission, 888 First Street NE, Washington, DC 20426, Telephone: (202) 502-6392, E-mail: oscar.santillana@ferc.gov. Gary D. Cohen (legal issues), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, Telephone: (202) 502-8321, E-mail: gary.cohen@ferc.gov. SUPPLEMENTARY INFORMATION: Table of Contents Paragraph No. I. Background........................................ 2 II. Discussion....................................... 4 A. Modifications to Previous Version of Standards 7 B. Standards Proposed Not to be Incorporated by 16 Reference....................................... C. Proposed Implementation Procedures............ 17 III. Notice of Use of Voluntary Consensus Standards.. 22 IV. Incorporation by Reference....................... 23 V. Information Collection Statement.................. 33 VI. Environmental Analysis........................... 39 VII. Regulatory Flexibility Act...................... 40 VIII. Comment Procedures............................. 43 IX. Document Availability............................ 47 164 FERC ] 61,125 United States of America Federal Energy Regulatory Commission Standards for Business Practices of Interstate Natural Gas Pipelines Docket No. RM96-1-041 Notice of Proposed Rulemaking (August 21, 2018) 1. The Federal Energy Regulatory Commission (Commission) proposes to amend its regulations at 18 CFR 284.12 to incorporate by reference, with certain enumerated exceptions,\1\ the latest version (Version 3.1) of business practice standards adopted by the NAESB Wholesale Gas Quadrant (WGQ) applicable to natural gas pipelines that NAESB reported to the Commission on September 29, 2017 in place of the currently incorporated version (Version 3.0) of those business practice standards. The implementation of these standards and regulations will promote the additional efficiency and reliability of the natural gas industries' operations thereby helping the Commission to carry out its responsibilities under the Natural Gas Act. In addition, the proposed revisions are necessary to establish more efficient coordination between the natural gas and electric industries. Requiring such information ensures both a common means of communication and common business practices to limit miscommunication for participants engaged in the sale of electric energy at wholesale and the transportation of natural gas. --------------------------------------------------------------------------- \1\ As explained below, in section II.B.1, the Commission is not proposing in this proposed rule to incorporate by reference the optional model contracts and the eTariff-related standards included in the North American Energy Standards Board (NAESB) Wholesale Gas Quadrant (WGQ) Version 3.1 package of business practice standards. --------------------------------------------------------------------------- I. Background 2. Since 1996, the Commission has adopted regulations to standardize the business practices and communication methodologies of interstate natural gas pipelines to create a more integrated and efficient pipeline grid. These regulations have been promulgated in the Order No. 587 series of orders,\2\ wherein the Commission has incorporated by reference standards for interstate natural gas pipeline business practices and electronic communications that were developed and adopted by NAESB's WGQ. Upon incorporation by reference, this version of the standards will replace the currently incorporated version (Version 3.0) of those business practice standards, will become part of the Commission's regulations, and compliance by interstate natural gas pipelines will become mandatory. --------------------------------------------------------------------------- \2\ This series of orders began with the Commission's issuance of Standards for Business Practices of Interstate Natural Gas Pipelines, Order No. 587, FERC Stats. & Regs. ] 31,038 (1996). --------------------------------------------------------------------------- 3. On September 29, 2017, NAESB filed a report informing the Commission that it had adopted and ratified WGQ Version 3.1 of its business practice standards applicable to natural gas pipelines. The NAESB report identifies all the changes made to the Version 3.0 Standards and summarizes the deliberations that led to the changes being made. It also identifies changes to the existing standards that were considered but not adopted due to a lack of consensus or other reasons. II. Discussion 4. In this NOPR, the Commission proposes to incorporate by reference, in its regulations, Version 3.1 of the NAESB WGQ consensus business practice standards, with certain exceptions.\3\ We propose that any compliance filings made in accordance with a final rule on this subject be made 90 days after issuance of any final rule in this proceeding or on the first business day thereafter if falling on a weekend or holiday. This will allow time for the Commission to process the compliance filings before the effective date of the new standards.\4\ --------------------------------------------------------------------------- \3\ In the discussion below we identify the NAESB WGQ Version 3.1 Standards that we propose not to incorporate by reference. \4\ See supra P 21, where we propose that compliance with the new standards will be required beginning on the first business day of the month after the fourth full month following issuance of a final rule in this proceeding. --------------------------------------------------------------------------- 5. As the Commission found in Order No. 587, adoption of consensus standards is appropriate, because the consensus process helps ensure the reasonableness of the standards by requiring that the standards draw support from a broad spectrum of industry participants representing all segments of the industry. Moreover, because the industry conducts business under these standards, the Commission's regulations should reflect those standards that have the widest possible support. In section 12(d) of the National Technology Transfer and Advancement Act of 1995, Congress affirmatively requires federal agencies to use technical standards developed by voluntary consensus standards organizations, like NAESB, as a means to carry out policy objectives or activities. 6. We discuss below some specific aspects of NAESB's filing. A. Modifications to Previous Version of Standards 7. NAESB adopted two substantive revisions concerning the Nominations Related Standards, which govern shipper requests to schedule service on [[Page 44523]] natural gas pipelines. One revision revises Standard 1.3.82 to establish a standard rounding process (requiring calculations to at least the seventh decimal place) for elapsed-prorated-scheduled quantity \5\ calculations to provide for needed numerical uniformity and granularity for users of these NAESB procedures. The other Nomination Related Standards revision was to revise the ``Service Requester'' element of Standard 1.3.27,\6\ which specifies some of the information that should be included in a nomination request, from a Mandatory designation to a Business Conditional \7\ designation. Thus, instead of forcing a specific upstream or downstream (unthreaded) nomination \8\ to be tied to a specific contract (using a specific threaded nomination), upstream nominations may now be distributed among several contracts (using a Pathed Non-Threaded nomination structure), which generally increases flexibility to customers. --------------------------------------------------------------------------- \5\ Standard 1.2.12 of the Nominations Related Standards defines the elapsed-prorated-scheduled quantity to mean: That portion of the scheduled quantity that would have theoretically flowed up to the effective time of the intraday nomination being confirmed, based upon a cumulative uniform hourly quantity for each nomination period affected. \6\ NAESB also made conforming revisions to the related data sets and documents: Standard 1.4.1 of the Nomination data set, Standard 1.4.5 of the Scheduled Quantity data set, Standard 2.4.4 of the Shipper Imbalance data set, Standard 1.4.2 of the Nomination Quick Response data set, Standard 2.4.1 of the Pre-Determined Allocation document and Standard 2.4.3 of the Allocation document. \7\ Standard 1.2.2 of the Nominations Related Standards provides that a Business Conditional data element is one that is based on current variations in business practice. \8\ NAESB's Nomination Data Dictionary, WGQ Version 3.1, Standard 1.4.1, retains from the Version 3.0 standard the field for ``Model Type Data'' that identifies which of three types of nomination structures is being used. These are: Pathed, Non-Pathed and Pathed Non-Threaded. Having these three types of model type data allows specificity as to the details of the nomination. A pathed nomination uses one nomination line item to transact business and, therefore, has one transaction type. A non-pathed nomination uses two nomination line items to transact business and, therefore, has two transaction types. A pathed non-threaded nomination uses three nomination line items to transact business and has three transaction types. NAESB also provides the following further clarification of these concepts in the description of the technical implementation of business processes included as part of Standard 1.4.1, where NAESB explains that: [a] ``Pathed'' nomination is actually a ``Pathed Threaded'' nomination because (1) the physical path of the pipeline locations and service contract(s) is fully described in the nomination, and (2) the logical thread of a specific supplier entity to a specific market entity at specific pipeline locations for a specific quantity is also fully described. ``Non-Pathed'' nominations are actually ``Non-Pathed Non-Threaded'' nominations because (1) physical ``location location-to to-location'' paths are not described in the nominations, and (2) no ties of specific supply entities to specific market entities are established. And for ``Pathed Non-Threaded'' nominations, (1) the physical path of the pipeline locations, service contract(s), and quantity is fully described, and (2) no ties of specific supply entities to specific market entities are established. See NAESB WGQ Version 3.1 Business Practice Standards, Nominations Related Standards, Standard 1.4.1, at 87 (Sep. 29, 2017). --------------------------------------------------------------------------- 8. NAESB also adopted three revisions to the WGQ Electronic Delivery Mechanism Standards, which establish the framework for the electronic dissemination and communication of information between parties in the North American Wholesale Gas marketplace. First, NAESB revised Standard 4.3.80 to increase the allowable field length in ASCII Comma Separated Value Files to 3000 characters because that increases the amount of information that can be conveyed, but reasonably limits it in conformity with commonly used software such as Excel. Second, NAESB adopted new Standard 4.3.106 to allow checkboxes and radio buttons in the Transmission Service Providers' Electronic Bulletin Boards (EBBs) to indicate ``Yes'' and/or ``No'' responses to data elements, which is more convenient than the current drop down list. Third, NAESB modified its standards to update the operating systems and web browsers that entities should support to allow users to take advantage of recent developments in computer technology and use. Additionally, language was added to clarify the Secure Sockets Layer/ Transport Layer Security protocols, which encrypt data to hide information from electronic observers on the internet. The new standard provides guidance on the timing for adoption of a new version of Secure Sockets Layer/Transport Layer Security protocols--new versions of these protocols should be used within 9 months of the version becoming generally available. In addition, the new standard clarifies that Secure Sockets Layer is a colloquial term that encompasses both Secure Sockets Layer and Transport Layer Security. 9. Other changes adopted by NAESB included changes to the NAESB WGQ data sets and other technical implementation documentation, which provide the technological support necessary to use the NAESB standards effectively. One such change was to add a new Business Conditional data element ``Agent'' and corresponding technical implementation to the Nomination data set Standard 1.4.1 and the Scheduled Quantity data set Standard 1.4.5. Currently, in the data sets, the Service Requester is defined as the Shipper or their Agent; however, language included in the implementation guides states that both the Shipper and Agent will be identified. Thus, this change adds a data element ``Agent'' to the data sets to allow the Service Requestor to identify both the shipper and its agent if it uses an agent to nominate and schedule on the pipeline. 10. NAESB also adopted revisions to the Flowing Gas Related data sets and technical implementation, which address quantitative issues relating generally to allocation, imbalances and measurement of flowing gas. Specifically, NAESB added three Business Conditional data elements to the Authorization to Post Imbalances data set (Standard 2.4.9). The addition of the three data elements will allow a Service Requester to authorize specific contracts and quantities of imbalances for specified periods of time to be posted. 11. In addition, NAESB revised the Imbalance Trade data set (Standard 2.4.11) to reinstate language providing the confirming party the ability to reject a trade in the Imbalance Trade data set when an auto-confirm agreement with a confirming party is in place. NAESB states that in its WGQ Version 2.1 publication, before the Imbalance Trading data sets were consolidated, the Imbalance Trade Confirmation contained a Yes/No indicator that the confirming party could use to indicate its acceptance or rejection of the trade. This indicator informed a pipeline whether the confirming party agreed to the terms of the trade that the initiating trader had posted. When the data sets were consolidated, this data element was dropped because it was assumed that if a confirming party did not agree with the posted terms it would not confirm the trade, which was effective only if the pipeline did not have an auto-confirm agreement with that confirming party. Accordingly, to address situations where there are auto-confirm agreements, NAESB has now revised Standard 2.4.11 to add a new Business Conditional data element ``Imbalance Trade Response'' with an ``Accept/Reject'' code value. This Accept/Reject indicator informs the pipeline whether the confirming party agrees to the terms of the trade that the initiating trader had posted. 12. NAESB also revised Standard 2.4.6 to add two Senders Option data elements,\9\ ``Comments'' and ``Volume-Uncorrected'' to the Measured Volume [[Page 44524]] Audit Statement \10\ in order to communicate raw data on volumes in addition to the final volumes which are communicated through the existing data element ``Volume Corrected.'' Thus, users will now be able to indicate what initial data they received in addition to how that data was ultimately corrected, and to provide comments concerning that data, which relate to what meter was used to measure the data. --------------------------------------------------------------------------- \9\ Nominations Standard 1.2.2 provides that Sender's Option means that this element is an option for the sender to send and, if sent, the receiver should store and use the contents of the data element. \10\ NAESB's business process and practices overview of the Flowing Gas Standards states that the Measured Volume Audit Statement data set is used to report gas measurement information in support of the allocation, imbalance, invoice and audit processes. --------------------------------------------------------------------------- 13. NAESB also adopted revisions to the Capacity Release Related data sets and technical implementation. Specifically, NAESB revised Standard 5.4.24 to add a new Business Conditional data element, ``Waive Bidder Credit Indicator'' and corresponding code values to the Offer data set. The additional data element indicates to a Bidder whether the Releasing Shipper will waive, pursuant to the Transmission Service Provider's tariff, the Bidder's creditworthiness pre-qualification. 14. Further, NAESB revised Standard 6.3.1 (i.e., the NAESB Base Contract for Sale and Purchase of Natural Gas) to add language to the disclaimer to provide a copyright notification and direct the reader to the NAESB Copyright Policy and Companies with Access to NAESB Standards under the Copyright Policy posted on the NAESB website. Identical language was added to three additional NAESB WGQ Contracts. 15. Lastly, NAESB adopted modifications to the cover page of Standard 6.3.1 to add a self-identification provision that assists end users in determining whether counterparties are commercial market participants as defined by the United States Commodity Futures Trading Commission. B. Standards Proposed Not To Be Incorporated by Reference 16. The Commission proposes to continue its past practice \11\ of not incorporating by reference into its regulations any optional model contracts, because the Commission does not require the use of these contracts.\12\ In addition, consistent with our findings in past proceedings, the Commission is not proposing to incorporate by reference the Wholesale Electric Quadrant/WGQ eTariff Related Standards, because the Commission has already adopted standards and protocols for electronic tariff filings based on the NAESB Standards.\13\ --------------------------------------------------------------------------- \11\ See, e.g., Standards for Business Practices of Interstate Natural Gas Pipelines, Notice of Proposed Rulemaking, FERC Stats. & Regs. ] 32,708, at P 20 (2015) (WGQ Version 3.0 NOPR). \12\ Id., Standards for Business Practices of Interstate Natural Gas Pipelines, Order No. 587-V, FERC Stats. & Regs. ] 31,332, at n.11 (2012). \13\ WGQ Version 3.0 NOPR, FERC Stats. & Regs. ] 32,708 at P 20; Electronic Tariff Filings, Order No. 714, FERC Stats. & Regs. ] 31,276 (2008). --------------------------------------------------------------------------- C. Proposed Implementation Procedures 17. The Commission is proposing to continue the compliance filing requirements as revised in Order No. 587-V.\14\ This would require compliance with the NAESB WGQ Version 3.1 standards on the first business day of the month after the fourth full month following issuance of a final rule in this proceeding. As the Commission found in Order No. 587-V, adoption of the revised compliance filing requirements increases the transparency of the pipelines' incorporation by reference of the NAESB WGQ Standards so that shippers and the Commission will know which tariff provision(s) implements each standard as well as the status of each standard.\15\ Likewise, consistent with past practice, the Commission will post on its eLibrary website (under Docket No. RM96-1-041) a sample tariff format, to provide filers an illustrative example to aid them in preparing their compliance filings. --------------------------------------------------------------------------- \14\ Order No. 587-V, FERC Stats. & Regs. ] 31,332 at PP 36-39. \15\ Trans-Union Interstate Pipeline L.P., 141 FERC ] 61,167, at P 36 (2012) (Order No. 587-V Compliance Order). --------------------------------------------------------------------------- 18. Consistent with our practice in Order No. 587-V, each pipeline should designate a single tariff section under which every NAESB WGQ Standard incorporated by reference by the Commission is listed.\16\ The pipeline tariff filings should list all the incorporated standards with which the pipeline will comply. In addition, for any standard that the pipeline seeks approval not to comply with, the tariff filing must identify the standard in question and either identify the provision in its tariff that complies with the standard; \17\ or provide an explanation of any waiver, extension of time, or other variance with respect to compliance with the standard that would excuse compliance.\18\ --------------------------------------------------------------------------- \16\ Id. P 36; WGQ Version 3.0 NOPR, FERC Stats. & Regs. ] 32,708 at P 25. \17\ Id. \18\ Id. --------------------------------------------------------------------------- 19. Consistent with our findings in Order No. 587-V,\19\ we propose that requests for waivers that do not meet the requirements set forth in Order No. 587-V will not be granted. In particular, as we explained in Order No. 587-V, waivers are unnecessary and will not be granted when the standard applies only on condition the pipeline performs a business function and the pipeline currently does not perform that function.\20\ --------------------------------------------------------------------------- \19\ Order No. 587-V, FERC Stats. & Regs., ] 31,332. \20\ Order No. 587-V Compliance Order, 141 FERC ] 61,167 at PP 4, 38. --------------------------------------------------------------------------- 20. If the pipeline is requesting a continuation of an existing waiver or extension of time, it must include a table in its transmittal letter that identifies the standard for which a waiver or extension of time was granted, and the docket number or order citation to the proceeding in which the waiver or extension of time was granted. The pipeline must also present an explanation for why such waiver or extension of time should remain in force with regard to the WGQ Version 3.1 Standards. 21. This continues the Commission's practice of having pipelines include in their tariffs a common location that identifies the way the pipeline is incorporating all the NAESB WGQ Standards and the standards with which it is required to comply. As explained above, the Commission will post on its eLibrary website (under Docket No. RM96-1-041) a sample tariff format, to provide filers an illustrative example to aid them in preparing their compliance filings.\21\ --------------------------------------------------------------------------- \21\ Id. P 24. --------------------------------------------------------------------------- III. Notice of Use of Voluntary Consensus Standards 22. Office of Management and Budget Circular A-119 (section 11) (February 10, 1998) provides that Federal Agencies should publish a request for comment in a NOPR when the agency is seeking to issue or revise a regulation proposing to adopt a voluntary consensus standard or a government-unique standard. In this NOPR, the Commission is proposing to incorporate by reference voluntary consensus standards developed by the WGQ. IV. Incorporation by Reference 23. The Office of the Federal Register requires agencies incorporating material by reference in final rules to discuss, in the preamble of the final rule, the ways that the materials it incorporates by reference are reasonably available to interested parties and how interested parties can obtain the materials.\22\ The regulations also require agencies to summarize, in the preamble of the final rule, the material it incorporates by reference. The standards we are [[Page 44525]] proposing to incorporate by reference consist of seven suites of NAESB WGQ Business Practice Standards that touch on a variety of topics and are designed to streamline the transactional processes for the wholesale gas industry by promoting a more competitive and efficient market. These include the: WGQ Additional Business Practice Standards; WGQ Nominations Related Business Practice Standards; WGQ Flowing Gas Related Business Practice Standards; Invoicing Related Business Practice Standards; Quadrant Electronic Delivery Mechanism Related Business Practice Standards; Capacity Release Related Business Practice Standards; and internet Electronic Transport Related Business Practice Standards. These can be summarized as follows. --------------------------------------------------------------------------- \22\ 1 CFR 51.5 (2017). See Incorporation by Reference, 79 FR 66267 (Nov. 7, 2014). --------------------------------------------------------------------------- 24. The WGQ Additional Business Practice Standards address six areas: Creditworthiness, Storage Information, Gas/Electric Operational Communications, Operational Capacity, Unsubscribed Capacity, and Location Data Download.The Creditworthiness related standards describe requirements for the exchange of information, notification, and communication between parties during the creditworthiness evaluation process. The Storage Information related standards define the information to be provided to natural gas service requesters related to storage activities and/or balances. The Gas/Electric Operational Communications related standards define communication protocols intended to improve coordination between the gas and electric industries in daily operational communications between transportation service providers and gas-fired power plants. The standards include requirements for communicating anticipated power generation fuel for the upcoming day as well as any operating problems that might hinder gas-fired power plants from receiving contractual gas quantities. The Operational Capacity related standards define requirements of the transportation service provider related to the reporting and requesting of a transportation service provider's operational capacity, total scheduled quantity, and operationally available capacity. The Unsubscribed Capacity related standards define requirements of the transportation service provider related to reporting and requesting a transportation service provider's available unsubscribed capacity. The Location Data Download related standards define requirements for the use of codes assigned by the transportation service provider for locations and common codes for parties communicating electronically. 25. The WGQ Nominations Related Business Practice Standards define the process by which a natural gas service requester with a natural gas transportation contract nominates (or requests) service from a pipeline or a transportation service provider for the delivery of natural gas. 26. The WGQ Flowing Gas Related Business Practice Standards define the business processes related to the communication of entitlement rights of flowing gas at a location, of the entitlement rights on a contractual basis, of the management of imbalances, and of the measurement and gas quality information of the actual flow of gas. 27. The Invoicing Related Business Practice Standards define the process for the communication of charges for services rendered (Invoice), communication of details about funds rendered in payment for services rendered (Payment Remittance), and communication of the financial status of a customer's account (Statement of Account). 28. The Quadrant Electronic Delivery Mechanism Related Business Practice Standards define the framework for the electronic dissemination and communication of information between parties in the North American wholesale gas marketplace for Electronic Data Interchange (EDI)/Electronic Delivery Mechanism (EDM) transfers, batch flat file/EDM transfers, informational postings websites, EBB/EDM and interactive flat file/EDM. 29. The Capacity Release Related Business Practice Standards define the business processes for communication of information related to the selling of all or any portion of a transmission service requester's contract rights. 30. The internet Electronic Transport Related Business Practice Standards define the implementation of various technologies necessary to communicate transactions and other electronic data using standard protocols for electronic commerce over the internet between trading partners. 31. Our regulations provide that copies of the standards incorporated by reference may be obtained from the North American Energy Standards Board, 801 Travis Street, Suite 1675, Houston, TX 77002, Phone: (713) 356-0060. Copies of the standards may be inspected at the Federal Energy Regulatory Commission, Public Reference and Files Maintenance Branch, 888 First Street NE, Washington, DC 20426, Phone: (202) 502-8371, http://www.ferc.gov. 32. NAESB is a private consensus standards developer that develops voluntary wholesale and retail standards related to the energy industry. The procedures used by NAESB make its standards reasonably available to those affected by Commission regulations, which generally is comprised of entities that have the means to acquire the information they need to effectively participate in Commission proceedings. Participants can join NAESB, for an annual membership cost of $7,000, which entitles them to full participation in NAESB and enables them to obtain these standards at no additional cost. Non-members may obtain the Individual Standards Manual or Booklets for each of the seven Manuals by email for $250 per manual, which in the case of these standards would total $1,750. Non-members also may obtain the complete set of Standards Manuals, Booklets, and Contracts on USB flash drive for $2,000. NAESB also provides a free electronic read-only version of the standards for a three business day period or, in the case of a regulatory comment period, through the end of the comment period. In addition, NAESB considers requests for waivers of the charges on a case-by-case basis depending on need. V. Information Collection Statement 33. The Office of Management and Budget (OMB) regulations require that OMB approve certain reporting, record keeping, and public disclosure requirements (information collection) imposed by an agency.\23\ Therefore, the Commission is submitting its proposed information collection to OMB for review in accordance with section 3507(d) of the Paperwork Reduction Act of 1995. Upon approval of a collection 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 collection of information displays a valid OMB control number. --------------------------------------------------------------------------- \23\ 5 CFR 1320.11 (2017). --------------------------------------------------------------------------- 34. The Commission solicits comments on the Commission's need for this information, whether the information will have practical utility, the accuracy of the provided burden estimates, ways to enhance the quality, utility, and clarity of the information to be collected, and any suggested methods for minimizing respondents' burden, including the use of automated information techniques. [[Page 44526]] 35. Public Reporting Burden: The Commission's burden estimates for the proposals in this NOPR are for one-time implementation of the information collection requirements of this NOPR (including tariff filing, documentation of the process and procedures, and information technology work). 36. The collections of information related to this NOPR fall under FERC-545 (Gas Pipeline Rates: Rate Change (Non-Formal)) \24\ and FERC- 549C (Standards for Business Practices of Interstate Natural Gas Pipelines).\25\ The following estimates of reporting burden are related only to this NOPR and anticipate the costs to pipelines for compliance with the Commission's proposals in this NOPR. The burden estimates are primarily related to implementing these standards and regulations and will not result in ongoing costs. --------------------------------------------------------------------------- \24\ FERC-545 covers rate change filings made by natural gas pipelines, including tariff changes. \25\ FERC-549C covers Standards for Business Practices of Interstate Natural Gas Pipelines. RM96-1-041 NOPR [Standards for Business Practices of Interstate Natural Gas Pipelines] -------------------------------------------------------------------------------------------------------------------------------------------------------- Number of Annual number of Annual costs respondents responses per Total number of Average burden hr. Total annual burden hours per respondent \26\ respondent responses per response and total annual cost \27\ ($) (1) (2) (1) * (2) = (3) (4).................. (3) * (4) = (5)........... (5) * (1) = (6) -------------------------------------------------------------------------------------------------------------------------------------------------------- FERC-545 (one-time).......... 165 1 165 10 hrs.; $1,020...... 1,650 hrs.; $168,000...... 1,020 FERC-549C (one-time)......... 165 1 165 22 hrs.; $2,244...... 3,630 hrs.; $370,260...... 2,244 -------------------------------------------------------------------------------------------------------------------------- Total.................... ............... ................. 330 ..................... 5,280 hrs.; $538,560...... ............... -------------------------------------------------------------------------------------------------------------------------------------------------------- The one-time burden (for both the FERC-545 and FERC-549C) will be averaged over three years: --------------------------------------------------------------------------- \26\ The number of respondents is the number of entities in which a change in burden from the current standards to the proposed exists, not the total number of entities from the current or proposed standards that are applicable. \27\ The estimated hourly cost (salary plus benefits) provided in this section is based on the salary figures for May 2017 posted by the Bureau of Labor Statistics for the Utilities sector (available at http://www.bls.gov/oes/current/naics2_22.htm#13-0000) and scaled to reflect benefits using the relative importance of employer costs in employee compensation from May 2017 (available at https://www.bls.gov/oes/current/naics2_22.htm). The hourly estimates for salary plus benefits are: Computer and Information Systems Manager (Occupation Code: 11- 3021), $96.51 Electrical Engineer (Occupation Code: 17-2071), $66.90 Legal (Occupation Code: 23-0000), $143.68 The average hourly cost (salary plus benefits), weighting all of these skill sets evenly, is $102.36. The Commission rounds it to $102/hour. --------------------------------------------------------------------------- FERC-545: 1,650 hours / 3 = 550 hours/year over three years FERC-549C: 3,630 hours / 3 = 1,210 hours/year over three years The number of responses is also averaged over three years (for both the FERC-545 and FERC-549C): FERC-545: 165 responses / 3 = 55 responses/year FERC-549C: 165 responses / 3 = 55 responses/year The responses and burden for Years 1-3 will total respectively as follows: Year 1: 55 responses; 550 hours (FERC-545); 1,210 hours (FERC-549C) Year 2: 55 responses; 550 hours (FERC-545); 1,210 hours (FERC-549C) Year 3: 55 responses; 550 hours (FERC-545); 1,210 hours (FERC-549C) Title: FERC-545, Gas Pipeline Rates: Rates Change (Non-Formal); FERC-549C, Standards for Business Practices of Interstate Natural Gas Pipelines. Action: Proposed information collections. OMB Control Nos.: 1902-0154 (FERC-545), 1902-0174 (FERC-549C). Respondents: Business or other for profit (e.g., Natural Gas Pipelines, applicable to only a few small businesses). Frequency of Responses: One-time implementation (related to business procedures, capital/start-up). Necessity of Information: The proposals in this NOPR would, if implemented, upgrade the Commission's current business practices and communication standards by specifically: (1) Updating the Nominations Related Standards to standardize a rounding process for the elapsed- prorated-scheduled quantity calculation, and dictate that the ``Service Requester Contract'' data element signify business conditional nominations, rather than mandatory nominations; (2) updating the WGQ Electronic Delivery Mechanism related Standards to make three minor revisions designed to add clarity, update the minimum technical characteristics to account for changes in technology since the previous version (Version 3.0) of the WGQ standards, and update the minimum and suggested operating systems and web browsers that entities should support; and (3) revising the NAESB WGQ data sets or other technical implementation documentation while not resulting in modifications to the underlying business practice standards. The package of standards also includes minor corrections. The implementation of these data requirements will provide additional transparency to informational posting websites and will improve communication standards. The implementation of these standards and regulations will promote the additional efficiency and reliability of the natural gas industries' operations thereby helping the Commission to carry out its responsibilities under the Natural Gas Act. In addition, the Commission's Office of Enforcement will use the data for general industry oversight. Internal Review: The Commission has reviewed the requirements pertaining to business practices of natural gas pipelines and made a preliminary determination that the proposed revisions are necessary to establish more efficient coordination between the gas and electric industries. Requiring such information ensures both a common means of communication and common business practices to limit miscommunication for participants engaged in the sale of electric energy at wholesale and the transportation of natural gas. These requirements conform to the Commission's plan for efficient information collection, communication, and management within the natural gas pipeline industries. 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. 37. Interested persons may obtain information on the reporting requirements by contacting the following: Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426 [Attention: Ellen Brown, Office of the Executive Director], [[Page 44527]] email: DataClearance@ferc.gov, phone: (202) 502-8663, fax: (202) 273- 0873. 38. Comments concerning the collection of information(s) and the associated burden estimate(s), should be sent to the contact listed above and to the Office of Management and Budget, Office of Information and Regulatory Affairs, Washington, DC 20503 [Attention: Desk Officer for the Federal Energy Regulatory Commission, telephone: (202) 395- 0710, fax: (202) 395-4718]. VI. Environmental Analysis 39. 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.\28\ The actions proposed to be taken here fall within categorical exclusions in the Commission's regulations for rules that are clarifying, corrective, or procedural, for information gathering, analysis, and dissemination, and for rules regarding sales, exchange, and transportation of natural gas that require no construction of facilities.\29\ Therefore, an environmental review is unnecessary and has not been prepared as part of this NOPR. --------------------------------------------------------------------------- \28\ Regulations Implementing the National Environmental Policy Act, Order No. 486, FERC Stats. & Regs. ]30,783 (1987). \29\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27) (2017). --------------------------------------------------------------------------- VII. Regulatory Flexibility Act 40. The Regulatory Flexibility Act of 1980 (RFA) \30\ generally requires a description and analysis of proposed rules that will have significant economic impact on a substantial number of small entities. The Commission is not required to make such analysis if proposed regulations would not have such an effect. --------------------------------------------------------------------------- \30\ 5 U.S.C. 601-612. --------------------------------------------------------------------------- 41. Approximately 165 interstate natural gas pipelines, both large and small, are potential respondents subject to the requirements adopted by this rule. Most of the natural gas pipelines regulated by the Commission do not fall within the RFA's definition of a small entity,\31\ which is currently defined for natural gas pipelines as a company that, in combination with its affiliates, has total annual receipts of $27.5 million or less.\32\ For the year 2018, only eleven companies not affiliated with larger companies had annual revenues in combination with its affiliates of $27.5 million or less and therefore could be considered a small entity under the RFA. This represents about seven percent of the total universe of potential respondents that may have a significant burden imposed on them. The Commission estimates that the one-time implementation cost of the proposals in this NOPR is $538,560 (or $3,264 per entity, regardless of entity size).\33\ The Commission does not consider the estimated $3,264 impact per entity to be significant. Moreover, these requirements are designed to benefit all customers, including small businesses that must comply with them. Further, as noted above, adoption of consensus standards helps ensure the reasonableness of the standards by requiring that the standards draw support from a broad spectrum of industry participants representing all segments of the industry. Because of that representation and the fact that industry conducts business under these standards, the Commission's regulations should reflect those standards that have the widest possible support. --------------------------------------------------------------------------- \31\ See 5 U.S.C. 601(3) citing section 3 of the Small Business Act, 15 U.S.C. 623. Section 3 of the SBA defines a ``small business concern'' as a business which is independently owned and operated and which is not dominant in its field of operation (2017). \32\ 13 CFR 121.201 (Subsector 486-Pipeline Transportation; North American Industry Classification System code 486210; Pipeline Transportation of Natural Gas) (2017). ``Annual Receipts'' are total income plus cost of goods sold. \33\ This number is derived by dividing the total cost figure by the number of respondents. $538,560/165 = $3,264. --------------------------------------------------------------------------- 42. Accordingly, pursuant to 605(b) of the RFA,\34\ the regulations proposed herein should not have a significant economic impact on a substantial number of small entities. --------------------------------------------------------------------------- \34\ 5 U.S.C. 605(b). --------------------------------------------------------------------------- VIII. Comment Procedures 43. The Commission invites interested persons to submit comments on the matters and issues proposed in this document to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due October 1, 2018. Comments must refer to Docket No. RM96-1-041, and must include the commenter's name, the organization they represent (if applicable), and their address in their comments. 44. The Commission encourages comments to be filed electronically via the eFiling link on the Commission's website 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. 45. 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. 46. 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. IX. Document Availability 47. 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. 48. From the Commission's Home Page on the internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. 49. User assistance is available for eLibrary and the Commission's website during normal business hours from the Commission's Online Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502- 8371, TTY (202) 502-8659. Email the Public Reference Room at public.referenceroom@ferc.gov. List of Subjects in 18 CFR Part 284 Incorporation by reference, Natural gas, Reporting and recordkeeping requirements. By direction of the Commission. Issued: August 21, 2018. Nathaniel J. Davis, Sr., Deputy Secretary. In consideration of the foregoing, the Commission proposes to amend part 284, chapter I, title 18, Code of Federal Regulations, as follows. [[Page 44528]] PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES 0 1. The authority citation for part 284 continues to read as follows: Authority: 15 U.S.C. 717-717z, 3301-3432; 42 U.S.C. 7101-7352; 43 U.S.C. 1331-1356. 0 2. Section 284.12 is amended by: 0 a. Revising paragraph (a)(1); and 0 b. Removing from paragraph (a)(2) the phrase ``http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html'' and adding ``www.archives.gov/federal-register/cfr/ibr-locations.html'' in its place. The revision reads as follows: Sec. 284.12 Standards for pipeline business operations and communications. (a) * * * (1) An interstate pipeline that transports gas under subparts B or G of this part must comply with the business practices and electronic communications standards as promulgated by the North American Energy Standards Board, as incorporated herein by reference in paragraphs (a)(1)(i) thru (vii) of this section. (i) Additional Standards (Version 3.1, September 29, 2017); (ii) Nominations Related Standards (Version 3.1, September 29, 2017); (iii) Flowing Gas Related Standards (Version 3.1, September 29, 2017); (iv) Invoicing Related Standards (Version 3.1, September 29, 2017); (v) Quadrant Electronic Delivery Mechanism Related Standards (Version 3.1, September 29, 2017); (vi) Capacity Release Related Standards (Version 3.1, September 29, 2017); and (vii) internet Electronic Transport Related Standards (Version 3.1, September 29, 2017). * * * * * [FR Doc. 2018-18473 Filed 8-30-18; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Proposed Rules 44521
Revision 03, excluding Appendix 01 and (v) Other FAA AD Provisions South 216th St., Des Moines, WA. For
including Appendix 02, dated November 9, (1) Alternative Methods of Compliance information on the availability of this
2017, as applicable to the airplane (AMOCs): The Manager, International material at the FAA, call 206–231–3195.
configuration. Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this Issued in Des Moines, Washington, on
(s) New Terminating Action August 17, 2018.
AD, if requested using the procedures found
Modification of an airplane in accordance in 14 CFR 39.19. In accordance with 14 CFR Michael Kaszycki,
with the Accomplishment Instructions of 39.19, send your request to your principal Acting Director, System Oversight Division,
Airbus Service Bulletin A320–52–1165, inspector or local Flight Standards District Aircraft Certification Service.
Revision 03, excluding Appendix 01 and Office, as appropriate. If sending information [FR Doc. 2018–18813 Filed 8–30–18; 8:45 am]
including Appendix 02, dated November 9, directly to the International Section, send it
BILLING CODE 4910–13–P
2017, or as specified in paragraph (r) of this to the attention of the person identified in
AD constitutes terminating action for the paragraph (w)(2) of this AD. Information may
requirements of paragraphs (g), (i), (k), (l), be emailed to: 9-ANM-116-AMOC-
and (m) of this AD for that airplane. REQUESTS@faa.gov. DEPARTMENT OF ENERGY
(i) Before using any approved AMOC,
(t) New Parts Installation Prohibition notify your appropriate principal inspector, Federal Energy Regulatory
(1) Do not install on any airplane a or lacking a principal inspector, the manager Commission
component specified in paragraphs (g)(1) of the local flight standards district office/
through (g)(5) of this AD, as required by certificate holding district office. 18 CFR Part 284
paragraph (t)(1)(i) or (t)(1)(ii) of this AD, as (ii) AMOCs approved previously for AD
applicable. 2016–07–23 are approved as AMOCs for the [Docket No. RM96–1–041]
(i) For airplanes in pre-Airbus Modification corresponding provisions of this AD.
27716 or pre-Airbus Service Bulletin A320– (2) Contacting the Manufacturer: As of the Standards for Business Practices of
52–1100 configuration: After completing the effective date of this AD, for any requirement Interstate Natural Gas Pipelines
in this AD to obtain corrective actions from
optional modification specified in paragraph
a manufacturer, the action must be AGENCY: Federal Energy Regulatory
(n)(2) of this AD.
accomplished using a method approved by Commission.
(ii) For airplanes in post-Airbus the Manager, International Section, Transport
Modification 27716 or post Airbus Service ACTION: Notice of proposed rulemaking.
Standards Branch, FAA; or the European
Bulletin A320–52–1100 configuration: As of Aviation Safety Agency (EASA); or Airbus
the effective date of this AD. SUMMARY: The Federal Energy
SAS’s EASA Design Organization Approval
(2) Do not install on any airplane a Regulatory Commission (Commission) is
(DOA). If approved by the DOA, the approval
component specified in paragraphs (g)(1) must include the DOA-authorized signature. proposing to amend its regulations to
through (g)(5) of this AD or paragraphs (i)(1) (3) Required for Compliance (RC): Except incorporate by reference, with certain
through (i)(3) of this AD, as required by as specified by paragraph (q) of this AD: If enumerated exceptions, the latest
paragraph (t)(2)(i) or (t)(2)(ii) of this AD, as any service information contains procedures version (Version 3.1) of business
applicable. or tests that are identified as RC, those practice standards adopted by the
(i) For airplanes in pre-Airbus Modification procedures and tests must be done to comply Wholesale Gas Quadrant of the North
155648 or pre-Airbus Service Bulletin A320– with this AD; any procedures or tests that are American Energy Standards Board
52–1165, Revision 03, excluding Appendix not identified as RC are recommended. Those
(NAESB) applicable to natural gas
01 and including Appendix 02, dated procedures and tests that are not identified
as RC may be deviated from using accepted pipelines in place of the currently
November 9, 2017, configuration: After
methods in accordance with the operator’s incorporated version (Version 3.0) of
completion of the additional work required
by paragraph (r) of this AD. maintenance or inspection program without those business practice standards.
(ii) For airplanes in post-Airbus obtaining approval of an AMOC, provided DATES: Comments are due October 1,
Modification 155648 or post-Airbus Service the procedures and tests identified as RC can 2018.
Bulletin A320–52–1165, Revision 03, be done and the airplane can be put back in
an airworthy condition. Any substitutions or ADDRESSES: Comments, identified by the
excluding Appendix 01 and including
changes to procedures or tests identified as docket number of this proceeding, may
Appendix 02, dated November 9, 2017,
configuration: As of the effective date of this
RC require approval of an AMOC. be filed electronically at http://
AD. (w) Related Information www.ferc.gov in acceptable native
applications and print-to-PDF, but not
(u) Credit for Previous Actions (1) Refer to Mandatory Continuing
in scanned or picture format. For those
Airworthiness Information (MCAI) EASA AD
(1) This paragraph provides credit for 2018–0023, dated January 26, 2018; corrected unable to file electronically, comments
optional actions provided by paragraph (n)(2) February 5, 2018; for related information. may be filed by mail or hand-delivery
of this AD, if those actions were performed This MCAI may be found in the AD docket to: Federal Energy Regulatory
before the effective date of this AD using on the internet at http://www.regulations.gov Commission, Secretary of the
Airbus Service Bulletin A320–52–1100, by searching for and locating Docket No. Commission, 888 First Street NE,
dated December 7, 1998. FAA–2018–0762. Washington, DC 20426. The Comment
(2) This paragraph provides credit for the (2) For more information about this AD, Procedures Section of this document
actions required by paragraphs (g), (i), (k), (l), contact Sanjay Ralhan, Aerospace Engineer,
and (m) of this AD, if those actions were contains more detailed filing
International Section, Transport Standards
performed before the effective date of this AD procedures.
Branch, FAA, 2200 South 216th St., Des
using Airbus Service Bulletin A320–52–1163, Moines, WA 98198; telephone and fax 206– FOR FURTHER INFORMATION CONTACT:
dated February 4, 2014. 231–3223. Stanley Wolf (technical issues), Office of
daltland on DSKBBV9HB2PROD with PROPOSALS
(3) This paragraph provides credit for the (3) For service information identified in Energy Policy and Innovation, Federal
actions required by paragraphs (k), (l)(1), (m), this AD, contact Airbus SAS, Airworthiness Energy Regulatory Commission, 888
and (n)(3) of this AD if those actions were Office—EIAS, Rond-Point Emile Dewoitine
performed before the effective date of this AD
First Street NE, Washington, DC
No: 2, 31700 Blagnac Cedex, France;
using Airbus Service Bulletin A320–52–1165, telephone +33 5 61 93 36 96; fax +33 5 61
20426, Telephone: (202) 502–6841, E-
Revision 01, dated October 23, 2015, 93 44 51; email account.airworth-eas@ mail: stanley.wolf@ferc.gov.
excluding Appendix 01, dated November 3, airbus.com; internet http://www.airbus.com. Oscar F. Santillana (technical issues),
2014, and including Appendix 02, dated You may view this service information at the Office of Energy Market Regulation,
October 23, 2015. FAA, Transport Standards Branch, 2200 Federal Energy Regulatory
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![Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Proposed Rules 44523
natural gas pipelines. One revision contract (using a specific threaded the Shipper and Agent will be
revises Standard 1.3.82 to establish a nomination), upstream nominations identified. Thus, this change adds a data
standard rounding process (requiring may now be distributed among several element ‘‘Agent’’ to the data sets to
calculations to at least the seventh contracts (using a Pathed Non-Threaded allow the Service Requestor to identify
decimal place) for elapsed-prorated- nomination structure), which generally both the shipper and its agent if it uses
scheduled quantity 5 calculations to increases flexibility to customers. an agent to nominate and schedule on
provide for needed numerical 8. NAESB also adopted three the pipeline.
uniformity and granularity for users of revisions to the WGQ Electronic 10. NAESB also adopted revisions to
these NAESB procedures. The other Delivery Mechanism Standards, which the Flowing Gas Related data sets and
Nomination Related Standards revision establish the framework for the
technical implementation, which
was to revise the ‘‘Service Requester’’ electronic dissemination and
address quantitative issues relating
element of Standard 1.3.27,6 which communication of information between
generally to allocation, imbalances and
specifies some of the information that parties in the North American
measurement of flowing gas.
should be included in a nomination Wholesale Gas marketplace. First,
Specifically, NAESB added three
request, from a Mandatory designation NAESB revised Standard 4.3.80 to
Business Conditional data elements to
to a Business Conditional 7 designation. increase the allowable field length in
the Authorization to Post Imbalances
Thus, instead of forcing a specific ASCII Comma Separated Value Files to
data set (Standard 2.4.9). The addition
upstream or downstream (unthreaded) 3000 characters because that increases
of the three data elements will allow a
nomination 8 to be tied to a specific the amount of information that can be
conveyed, but reasonably limits it in Service Requester to authorize specific
5 Standard 1.2.12 of the Nominations Related conformity with commonly used contracts and quantities of imbalances
Standards defines the elapsed-prorated-scheduled software such as Excel. Second, NAESB for specified periods of time to be
quantity to mean:
adopted new Standard 4.3.106 to allow posted.
That portion of the scheduled quantity that
would have theoretically flowed up to the effective checkboxes and radio buttons in the 11. In addition, NAESB revised the
time of the intraday nomination being confirmed, Transmission Service Providers’ Imbalance Trade data set (Standard
based upon a cumulative uniform hourly quantity Electronic Bulletin Boards (EBBs) to 2.4.11) to reinstate language providing
for each nomination period affected. the confirming party the ability to reject
6 NAESB also made conforming revisions to the
indicate ‘‘Yes’’ and/or ‘‘No’’ responses
related data sets and documents: Standard 1.4.1 of to data elements, which is more a trade in the Imbalance Trade data set
the Nomination data set, Standard 1.4.5 of the convenient than the current drop down when an auto-confirm agreement with a
Scheduled Quantity data set, Standard 2.4.4 of the list. Third, NAESB modified its confirming party is in place. NAESB
Shipper Imbalance data set, Standard 1.4.2 of the standards to update the operating states that in its WGQ Version 2.1
Nomination Quick Response data set, Standard
2.4.1 of the Pre-Determined Allocation document systems and web browsers that entities publication, before the Imbalance
and Standard 2.4.3 of the Allocation document. should support to allow users to take Trading data sets were consolidated, the
7 Standard 1.2.2 of the Nominations Related
advantage of recent developments in Imbalance Trade Confirmation
Standards provides that a Business Conditional data computer technology and use. contained a Yes/No indicator that the
element is one that is based on current variations
in business practice. Additionally, language was added to confirming party could use to indicate
8 NAESB’s Nomination Data Dictionary, WGQ clarify the Secure Sockets Layer/ its acceptance or rejection of the trade.
Version 3.1, Standard 1.4.1, retains from the Transport Layer Security protocols, This indicator informed a pipeline
Version 3.0 standard the field for ‘‘Model Type which encrypt data to hide information whether the confirming party agreed to
Data’’ that identifies which of three types of
nomination structures is being used. These are: from electronic observers on the the terms of the trade that the initiating
Pathed, Non-Pathed and Pathed Non-Threaded. internet. The new standard provides trader had posted. When the data sets
Having these three types of model type data allows guidance on the timing for adoption of were consolidated, this data element
specificity as to the details of the nomination. A a new version of Secure Sockets Layer/
pathed nomination uses one nomination line item
was dropped because it was assumed
to transact business and, therefore, has one Transport Layer Security protocols— that if a confirming party did not agree
transaction type. A non-pathed nomination uses new versions of these protocols should with the posted terms it would not
two nomination line items to transact business and, be used within 9 months of the version confirm the trade, which was effective
therefore, has two transaction types. A pathed non-
threaded nomination uses three nomination line
becoming generally available. In only if the pipeline did not have an
items to transact business and has three transaction addition, the new standard clarifies that auto-confirm agreement with that
types. Secure Sockets Layer is a colloquial confirming party. Accordingly, to
NAESB also provides the following further term that encompasses both Secure address situations where there are auto-
clarification of these concepts in the description of Sockets Layer and Transport Layer
the technical implementation of business processes confirm agreements, NAESB has now
included as part of Standard 1.4.1, where NAESB Security. revised Standard 2.4.11 to add a new
explains that: 9. Other changes adopted by NAESB Business Conditional data element
[a] ‘‘Pathed’’ nomination is actually a ‘‘Pathed included changes to the NAESB WGQ ‘‘Imbalance Trade Response’’ with an
Threaded’’ nomination because (1) the physical data sets and other technical
path of the pipeline locations and service ‘‘Accept/Reject’’ code value. This
contract(s) is fully described in the nomination, and
implementation documentation, which Accept/Reject indicator informs the
(2) the logical thread of a specific supplier entity provide the technological support pipeline whether the confirming party
to a specific market entity at specific pipeline necessary to use the NAESB standards agrees to the terms of the trade that the
locations for a specific quantity is also fully effectively. One such change was to add
described. ‘‘Non-Pathed’’ nominations are actually initiating trader had posted.
‘‘Non-Pathed Non-Threaded’’ nominations because a new Business Conditional data
element ‘‘Agent’’ and corresponding 12. NAESB also revised Standard
(1) physical ‘‘location location-to to-location’’ paths
daltland on DSKBBV9HB2PROD with PROPOSALS
are not described in the nominations, and (2) no ties technical implementation to the 2.4.6 to add two Senders Option data
of specific supply entities to specific market entities Nomination data set Standard 1.4.1 and elements,9 ‘‘Comments’’ and ‘‘Volume-
are established. And for ‘‘Pathed Non-Threaded’’ Uncorrected’’ to the Measured Volume
nominations, (1) the physical path of the pipeline the Scheduled Quantity data set
locations, service contract(s), and quantity is fully Standard 1.4.5. Currently, in the data
described, and (2) no ties of specific supply entities 9 Nominations Standard 1.2.2 provides that
sets, the Service Requester is defined as
to specific market entities are established. See Sender’s Option means that this element is an
NAESB WGQ Version 3.1 Business Practice
the Shipper or their Agent; however, option for the sender to send and, if sent, the
Standards, Nominations Related Standards, language included in the receiver should store and use the contents of the
Standard 1.4.1, at 87 (Sep. 29, 2017). implementation guides states that both data element.
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![44526 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Proposed Rules
35. Public Reporting Burden: The 36. The collections of information anticipate the costs to pipelines for
Commission’s burden estimates for the related to this NOPR fall under FERC– compliance with the Commission’s
proposals in this NOPR are for one-time 545 (Gas Pipeline Rates: Rate Change proposals in this NOPR. The burden
implementation of the information (Non-Formal)) 24 and FERC–549C estimates are primarily related to
collection requirements of this NOPR (Standards for Business Practices of implementing these standards and
(including tariff filing, documentation of Interstate Natural Gas Pipelines).25 The regulations and will not result in
the process and procedures, and following estimates of reporting burden ongoing costs.
information technology work). are related only to this NOPR and
RM96–1–041 NOPR
[Standards for Business Practices of Interstate Natural Gas Pipelines]
Annual number of Total annual burden Annual costs
Number of Total number of Average burden
responses per hours and total per respondent
respondents 26 responses hr. per response
respondent annual cost 27 ($)
(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) * (1) = (6)
FERC–545 (one-time) ....................... 165 1 165 10 hrs.; $1,020 ..... 1,650 hrs.; $168,000 ...... 1,020
FERC–549C (one-time) .................... 165 1 165 22 hrs.; $2,244 ..... 3,630 hrs.; $370,260 ...... 2,244
Total ........................................... .......................... .............................. 330 ............................... 5,280 hrs.; $538,560 ...... ..........................
The one-time burden (for both the Necessity of Information: The efficiency and reliability of the natural
FERC–545 and FERC–549C) will be proposals in this NOPR would, if gas industries’ operations thereby
averaged over three years: implemented, upgrade the helping the Commission to carry out its
FERC–545: 1,650 hours ÷ 3 = 550 hours/ Commission’s current business practices responsibilities under the Natural Gas
year over three years and communication standards by Act. In addition, the Commission’s
FERC–549C: 3,630 hours ÷ 3 = 1,210 specifically: (1) Updating the Office of Enforcement will use the data
hours/year over three years Nominations Related Standards to for general industry oversight.
The number of responses is also standardize a rounding process for the Internal Review: The Commission has
averaged over three years (for both the elapsed-prorated-scheduled quantity reviewed the requirements pertaining to
FERC–545 and FERC–549C): calculation, and dictate that the business practices of natural gas
FERC–545: 165 responses ÷ 3 = 55 ‘‘Service Requester Contract’’ data pipelines and made a preliminary
responses/year element signify business conditional determination that the proposed
FERC–549C: 165 responses ÷ 3 = 55 nominations, rather than mandatory revisions are necessary to establish more
responses/year nominations; (2) updating the WGQ efficient coordination between the gas
Electronic Delivery Mechanism related and electric industries. Requiring such
The responses and burden for Years Standards to make three minor revisions information ensures both a common
1–3 will total respectively as follows: designed to add clarity, update the means of communication and common
Year 1: 55 responses; 550 hours (FERC– minimum technical characteristics to business practices to limit
545); 1,210 hours (FERC–549C) account for changes in technology since miscommunication for participants
Year 2: 55 responses; 550 hours (FERC– the previous version (Version 3.0) of the engaged in the sale of electric energy at
545); 1,210 hours (FERC–549C) WGQ standards, and update the wholesale and the transportation of
Year 3: 55 responses; 550 hours (FERC– minimum and suggested operating natural gas. These requirements
545); 1,210 hours (FERC–549C) systems and web browsers that entities conform to the Commission’s plan for
Title: FERC–545, Gas Pipeline Rates: should support; and (3) revising the efficient information collection,
Rates Change (Non-Formal); FERC– NAESB WGQ data sets or other communication, and management
549C, Standards for Business Practices technical implementation within the natural gas pipeline
of Interstate Natural Gas Pipelines. documentation while not resulting in industries. The Commission has assured
Action: Proposed information modifications to the underlying itself, by means of its internal review,
collections. business practice standards. The that there is specific, objective support
OMB Control Nos.: 1902–0154 (FERC– package of standards also includes for the burden estimates associated with
545), 1902–0174 (FERC–549C). minor corrections. the information requirements.
Respondents: Business or other for The implementation of these data 37. Interested persons may obtain
profit (e.g., Natural Gas Pipelines, requirements will provide additional information on the reporting
applicable to only a few small transparency to informational posting requirements by contacting the
businesses). websites and will improve following: Federal Energy Regulatory
Frequency of Responses: One-time communication standards. The Commission, 888 First Street NE,
implementation (related to business implementation of these standards and Washington, DC 20426 [Attention: Ellen
procedures, capital/start-up). regulations will promote the additional Brown, Office of the Executive Director],
daltland on DSKBBV9HB2PROD with PROPOSALS
24 FERC–545 covers rate change filings made by 27 The estimated hourly cost (salary plus benefits) Computer and Information Systems Manager
natural gas pipelines, including tariff changes. provided in this section is based on the salary (Occupation Code: 11–3021), $96.51
25 FERC–549C covers Standards for Business figures for May 2017 posted by the Bureau of Labor Electrical Engineer (Occupation Code: 17–2071),
Practices of Interstate Natural Gas Pipelines. Statistics for the Utilities sector (available at http://
$66.90
26 The number of respondents is the number of
www.bls.gov/oes/current/naics2_22.htm#13-0000)
and scaled to reflect benefits using the relative Legal (Occupation Code: 23–0000), $143.68
entities in which a change in burden from the importance of employer costs in employee The average hourly cost (salary plus benefits),
current standards to the proposed exists, not the compensation from May 2017 (available at https:// weighting all of these skill sets evenly, is $102.36.
total number of entities from the current or www.bls.gov/oes/current/naics2_22.htm). The The Commission rounds it to $102/hour.
proposed standards that are applicable. hourly estimates for salary plus benefits are:
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![Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Proposed Rules 44527
email: DataClearance@ferc.gov, phone: companies not affiliated with larger 45. Commenters that are not able to
(202) 502–8663, fax: (202) 273–0873. companies had annual revenues in file comments electronically must send
38. Comments concerning the combination with its affiliates of $27.5 an original of their comments to:
collection of information(s) and the million or less and therefore could be Federal Energy Regulatory Commission,
associated burden estimate(s), should be considered a small entity under the Secretary of the Commission, 888 First
sent to the contact listed above and to RFA. This represents about seven Street NE, Washington, DC 20426.
the Office of Management and Budget, percent of the total universe of potential
Office of Information and Regulatory respondents that may have a significant 46. All comments will be placed in
Affairs, Washington, DC 20503 burden imposed on them. The the Commission’s public files and may
[Attention: Desk Officer for the Federal Commission estimates that the one-time be viewed, printed, or downloaded
Energy Regulatory Commission, implementation cost of the proposals in remotely as described in the Document
telephone: (202) 395–0710, fax: (202) this NOPR is $538,560 (or $3,264 per Availability section below. Commenters
395–4718]. entity, regardless of entity size).33 The on this proposal are not required to
Commission does not consider the serve copies of their comments on other
VI. Environmental Analysis estimated $3,264 impact per entity to be commenters.
39. The Commission is required to significant. Moreover, these
prepare an Environmental Assessment IX. Document Availability
requirements are designed to benefit all
or an Environmental Impact Statement customers, including small businesses 47. In addition to publishing the full
for any action that may have a that must comply with them. Further, as text of this document in the Federal
significant adverse effect on the human noted above, adoption of consensus Register, the Commission provides all
environment.28 The actions proposed to standards helps ensure the interested persons an opportunity to
be taken here fall within categorical reasonableness of the standards by
view and/or print the contents of this
exclusions in the Commission’s requiring that the standards draw
regulations for rules that are clarifying, document via the internet through the
support from a broad spectrum of
corrective, or procedural, for industry participants representing all Commission’s Home Page (http://
information gathering, analysis, and segments of the industry. Because of www.ferc.gov) and in the Commission’s
dissemination, and for rules regarding that representation and the fact that Public Reference Room during normal
sales, exchange, and transportation of industry conducts business under these business hours (8:30 a.m. to 5:00 p.m.
natural gas that require no construction standards, the Commission’s regulations Eastern time) at 888 First Street NE,
of facilities.29 Therefore, an should reflect those standards that have Room 2A, Washington DC 20426.
environmental review is unnecessary the widest possible support. 48. From the Commission’s Home
and has not been prepared as part of this 42. Accordingly, pursuant to 605(b) of Page on the internet, this information is
NOPR. the RFA,34 the regulations proposed available on eLibrary. The full text of
herein should not have a significant this document is available on eLibrary
VII. Regulatory Flexibility Act economic impact on a substantial in PDF and Microsoft Word format for
40. The Regulatory Flexibility Act of number of small entities.
viewing, printing, and/or downloading.
1980 (RFA) 30 generally requires a
VIII. Comment Procedures To access this document in eLibrary,
description and analysis of proposed
rules that will have significant 43. The Commission invites interested type the docket number excluding the
economic impact on a substantial persons to submit comments on the last three digits of this document in the
number of small entities. The matters and issues proposed in this docket number field.
Commission is not required to make document to be adopted, including any 49. User assistance is available for
such analysis if proposed regulations related matters or alternative proposals eLibrary and the Commission’s website
would not have such an effect. that commenters may wish to discuss. during normal business hours from the
41. Approximately 165 interstate Comments are due October 1, 2018. Commission’s Online Support at (202)
natural gas pipelines, both large and Comments must refer to Docket No. 502–6652 (toll free at 1–866–208–3676)
small, are potential respondents subject RM96–1–041, and must include the or email at ferconlinesupport@ferc.gov,
to the requirements adopted by this commenter’s name, the organization
or the Public Reference Room at (202)
rule. Most of the natural gas pipelines they represent (if applicable), and their
502–8371, TTY (202) 502–8659. Email
regulated by the Commission do not fall address in their comments.
44. The Commission encourages the Public Reference Room at
within the RFA’s definition of a small public.referenceroom@ferc.gov.
entity,31 which is currently defined for comments to be filed electronically via
natural gas pipelines as a company that, the eFiling link on the Commission’s List of Subjects in 18 CFR Part 284
in combination with its affiliates, has website at http://www.ferc.gov. The
total annual receipts of $27.5 million or Commission accepts most standard Incorporation by reference, Natural
less.32 For the year 2018, only eleven word processing formats. Documents gas, Reporting and recordkeeping
created electronically using word requirements.
28 Regulations Implementing the National processing software should be filed in By direction of the Commission.
Environmental Policy Act, Order No. 486, FERC native applications or print-to-PDF
Stats. & Regs. ¶30,783 (1987). Issued: August 21, 2018.
format and not in a scanned format.
29 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5),
Commenters filing electronically do not Nathaniel J. Davis, Sr.,
daltland on DSKBBV9HB2PROD with PROPOSALS
380.4(a)(27) (2017).
30 5 U.S.C. 601–612. need to make a paper filing. Deputy Secretary.
31 See 5 U.S.C. 601(3) citing section 3 of the Small
Business Act, 15 U.S.C. 623. Section 3 of the SBA Classification System code 486210; Pipeline In consideration of the foregoing, the
defines a ‘‘small business concern’’ as a business Transportation of Natural Gas) (2017). ‘‘Annual Commission proposes to amend part
which is independently owned and operated and Receipts’’ are total income plus cost of goods sold. 284, chapter I, title 18, Code of Federal
which is not dominant in its field of operation 33 This number is derived by dividing the total
(2017). cost figure by the number of respondents. $538,560/ Regulations, as follows.
32 13 CFR 121.201 (Subsector 486-Pipeline 165 = $3,264.
Transportation; North American Industry 34 5 U.S.C. 605(b).
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![44528 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Proposed Rules
PART 284—CERTAIN SALES AND ACTION: Proposed rule. contents located outside of the primary
TRANSPORTATION OF NATURAL GAS submission (i.e. on the web, cloud, or
UNDER THE NATURAL GAS POLICY SUMMARY: The Environmental Protection other file sharing system). For
ACT OF 1978 AND RELATED Agency (EPA) is proposing to approve additional submission methods, please
AUTHORITIES portions of three state implementation contact the person identified in the FOR
plan (SIP) revisions submitted by the FURTHER INFORMATION CONTACT section.
■ 1. The authority citation for part 284 State of California to meet Clean Air Act For the full EPA public comment policy,
continues to read as follows: (CAA or ‘‘the Act’’) requirements for the information about CBI or multimedia
Authority: 15 U.S.C. 717–717z, 3301–3432; 2008 8-hour ozone national ambient air submissions, and general guidance on
42 U.S.C. 7101–7352; 43 U.S.C. 1331–1356. quality standards (NAAQS or making effective comments, please visit
‘‘standards’’) in the San Joaquin Valley, http://www.epa.gov/dockets/
■ 2. Section 284.12 is amended by: California ozone nonattainment area.
■ a. Revising paragraph (a)(1); and commenting-epa-dockets.
First, the EPA is proposing to approve FOR FURTHER INFORMATION CONTACT:
■ b. Removing from paragraph (a)(2) the
the portions of the 2016 Ozone Plan for Laura Lawrence, EPA Region IX, (415)
phrase ‘‘http://www.archives.gov/
the 2008 8-Hour Ozone Standard (‘‘2016 972–3407, lawrence.laura@epa.gov.
federal_register/code_of_federal_
Ozone Plan’’) that address the
regulations/ibr_locations.html’’ and SUPPLEMENTARY INFORMATION:
requirements to demonstrate attainment
adding ‘‘www.archives.gov/federal- Throughout this document, ‘‘we,’’ ‘‘us’’
by the applicable attainment date and
register/cfr/ibr-locations.html’’ in its and ‘‘our’’ refer to the EPA.
implementation of reasonably available
place.
The revision reads as follows: control measures, among other Table of Contents
requirements. Second, the EPA is I. Regulatory Context
§ 284.12 Standards for pipeline business proposing to approve the portions of the A. Ozone Standards, Area Designations
operations and communications. Revised Proposed 2016 State Strategy and SIPs
(a) * * * for the State Implementation Plan B. The San Joaquin Valley Ozone
(1) An interstate pipeline that (‘‘2016 State Strategy’’) related to the Nonattainment Area
transports gas under subparts B or G of ozone control strategy for San Joaquin C. CAA and Regulatory Requirements for
this part must comply with the business Valley for the 2008 ozone standards, 2008 Ozone Nonattainment Area SIPs
practices and electronic including a specific aggregate emissions II. Submissions From the State of California
reduction commitment. Lastly, the EPA To Address 2008 Ozone Requirements in
communications standards as
the San Joaquin Valley
promulgated by the North American is proposing to approve an air district A. Summary of Submissions
Energy Standards Board, as rule addressing the emission statement B. Clean Air Act Procedural Requirements
incorporated herein by reference in requirement for ozone nonattainment for Adoption and Submission of SIP
paragraphs (a)(1)(i) thru (vii) of this areas. The EPA is not taking action at Revisions
section. this time on the portions of the San III. Evaluation of the 2016 Ozone Plan
(i) Additional Standards (Version 3.1, Joaquin Valley 2016 Ozone Plan that A. Emissions Inventories
September 29, 2017); address the requirements for a B. Emission Statement
(ii) Nominations Related Standards reasonable further progress (RFP) C. Reasonably Available Control Measures
(Version 3.1, September 29, 2017); demonstration, motor vehicle emissions Demonstration and Control Strategy
(iii) Flowing Gas Related Standards D. Attainment Demonstration
budgets (MVEBs), a base year emissions E. Rate of Progress Plan and Reasonable
(Version 3.1, September 29, 2017); inventory, and contingency measures Further Progress Demonstration
(iv) Invoicing Related Standards for failure to attain or to meet reasonable F. Transportation Control Strategies and
(Version 3.1, September 29, 2017); further progress milestones. We intend Measures To Offset Emissions Increases
(v) Quadrant Electronic Delivery to address these remaining elements in From Vehicle Miles Traveled
Mechanism Related Standards (Version a forthcoming proposal. G. Contingency Measures To Provide for
3.1, September 29, 2017); RFP and Attainment
DATES: Written comments must arrive
(vi) Capacity Release Related H. Clean Fuels or Advanced Control
on or before October 1, 2018. Technology for Boilers
Standards (Version 3.1, September 29,
2017); and ADDRESSES: Submit your comments, I. Motor Vehicle Emissions Budgets for
(vii) internet Electronic Transport identified by Docket ID No. EPA–R09– Transportation Conformity
Related Standards (Version 3.1, OAR–2018–0535 at https:// J. Other Clean Air Act Requirements
www.regulations.gov. For comments Applicable to Extreme Ozone
September 29, 2017). Nonattainment Areas
* * * * * submitted at Regulations.gov, follow the
IV. Other Commitments To Reduce
[FR Doc. 2018–18473 Filed 8–30–18; 8:45 am] online instructions for submitting
Emissions
BILLING CODE 6717–01–P
comments. Once submitted, comments V. Proposed Action
cannot be edited or removed from VI. Incorporation by Reference
Regulations.gov. The EPA may publish VII. Statutory and Executive Order Reviews
any comment received to its public
ENVIRONMENTAL PROTECTION I. Regulatory Context
docket. Do not submit electronically any
AGENCY
information you consider to be A. Ozone Standards, Area Designations
40 CFR Part 52 Confidential Business Information (CBI) and SIPs
or other information whose disclosure is
Ground-level ozone pollution is
daltland on DSKBBV9HB2PROD with PROPOSALS
[EPA–R09–OAR–2018–0535; FRL–9983– restricted by statute. Multimedia
00—Region 9] formed from the reaction of volatile
submissions (audio, video, etc.) must be
organic compounds (VOC) and oxides of
accompanied by a written comment.
Clean Air Plans; 2008 8-Hour Ozone nitrogen (NOX) in the presence of
The written comment is considered the
Nonattainment Area Requirements; sunlight.1 These two pollutants, referred
official comment and should include
San Joaquin Valley, California
discussion of all points you wish to 1 The State of California typically refers to
AGENCY: Environmental Protection make. The EPA will generally not reactive organic gases (ROG) in its ozone-related
Agency (EPA). consider comments or comment submissions since VOC in general can include both
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Document Created: 2018-08-31 00:53:34
Document Modified: 2018-08-31 00:53:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments are due October 1, 2018. | |
| Contact | Stanley Wolf (technical issues), Office of Energy Policy and Innovation, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, Telephone: (202) 502-6841, E-mail: [email protected] Oscar F. Santillana (technical issues), Office of Energy Market Regulation, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, Telephone: (202) 502-6392, E-mail: [email protected] Gary D. Cohen (legal issues), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, Telephone: (202) 502-8321, E-mail: [email protected] | |
| FR Citation | 83 FR 44521 | |
| CFR Associated | Incorporation by Reference; Natural Gas and Reporting and Recordkeeping Requirements |
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