83_FR_62474 83 FR 62242 - Standards for Business Practices of Interstate Natural Gas Pipelines

83 FR 62242 - Standards for Business Practices of Interstate Natural Gas Pipelines

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 83, Issue 232 (December 3, 2018)

Page Range62242-62249
FR Document2018-26158

The Federal Energy Regulatory Commission is amending 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. The revisions made by NAESB in this version of the standards are designed to clarify the processing of certain business transactions.

Federal Register, Volume 83 Issue 232 (Monday, December 3, 2018)
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62242-62249]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26158]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 284

[Docket No. RM96-1-041; Order No. 587-Y]


Standards for Business Practices of Interstate Natural Gas 
Pipelines

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission is amending 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. The revisions made by NAESB in this 
version of the standards are designed to clarify the processing of 
certain business transactions.

DATES: This rule will become effective February 1, 2019. Compliance 
filings required by this rule are due on April 1, 2019 and compliance 
with the standards incorporated in this rule is required on and after 
August 1, 2019. The incorporation by reference of certain publications 
listed in this rule is approved by the Director of the Federal Register 
as of February 1, 2019.

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, (202) 502-6841, [email protected].
    Oscar F. Santillana (technical issues), Office of Energy Market 
Regulation, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426, (202) 502-6392, [email protected].
    Gary D. Cohen (legal issues), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, (202) 502-8321, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background........................................                  7
II. Discussion.......................................                 11
    A. The NAESB WGQ Version 3.1 Business Practice                    11
     Standards.......................................
    B. NAESB's Process...............................                 20
    C. Adoption of Version 3.1 of the Standards......                 21
    D. Required Compliance Filings...................                 23
III. Implementation Schedule.........................                 24
IV. Notice of Use of Voluntary Consensus Standards...                 26
V. Incorporation by Reference........................                 27
VI. Information Collection Statement.................                 38
VII. Environmental Analysis..........................                 43
VIII. Regulatory Flexibility Act.....................                 44
IX. Document Availability............................                 47
X. Effective Date and Congressional Notification.....                 50
 


    1. In this Final Rule, the Federal Energy Regulatory Commission 
(Commission) amends its regulations at 18 CFR 284.12 to incorporate by 
reference, with certain enumerated exceptions, the latest version 
(Version 3.1) of business practice standards applicable to interstate 
natural gas pipelines adopted by the Wholesale Gas Quadrant (WGQ) of 
the North American Energy Standards Board (NAESB) in place of the 
currently incorporated version (Version 3.0) of those business practice 
standards. Under this Final Rule, interstate natural gas pipelines are 
required to file compliance filings with the Commission by April 1, 
2019 and are required to comply with the standards incorporated by 
reference in this rule on and after August 1, 2019.
    2. The implementation of these standards and regulations will 
promote additional efficiency and reliability of the natural gas 
industries' operations thereby helping the Commission to carry out its 
responsibilities under the Natural Gas Act (NGA).\1\
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    \1\ 15 U.S.C. 717 (2012).
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    3. The NAESB WGQ Version 3.1 package of standards contains a number 
of revisions to the NAESB Version 3.0 package of standards. As 
explained further below, NAESB adopted two substantive revisions to its 
Nominations Related Standards, one to establish a standard rounding 
process for elapsed-prorated-scheduled quantity calculations and a 
second to revise the specifications for the information to be included 
in a nomination request.
    4. NAESB also adopted three minor revisions to the WGQ Electronic 
Delivery Mechanism (EDM) Related Standards. First, it has increased the 
allowable field length in ASCII Comma Separated Value Files to 3000 
characters. Second, NAESB adopted new Standard 4.3.106 to allow 
checkboxes and radio buttons in the Transmission Service Providers' 
(TSP) Electronic Bulletin Boards (EBB). Third, NAESB modified its 
standards to update the operating systems and web browsers that 
entities should support on behalf of users. Additionally, clarifying 
language was added to the Secure Sockets Layer (SSL)/Transport Layer 
Security (TLS) protocols.
    5. Other changes adopted by NAESB included changes to the NAESB WGQ 
data sets and other technical implementation documentation as well as 
revisions to the Flowing Gas Related data sets and technical 
implementation. In addition, NAESB revised the Imbalance Trade data set 
and revised two Sender's Option data elements. NAESB also adopted 
revisions to the Capacity Release Related data sets and technical 
implementation and revised Standard 6.3.1 (i.e., the NAESB Base 
Contract for Sale and Purchase of Natural Gas) to add language 
directing users to NAESB's copyright disclaimer posted on the NAESB 
website. Identical language was added to three additional NAESB WGQ 
Contracts.
    6. Lastly, NAESB adopted modifications to add a self-identification 
provision that assists end

[[Page 62243]]

users in determining whether counterparties are commercial market 
participants as defined by the United States Commodity Futures Trading 
Commission.

I. Background

    7. 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 these standards will become part of the Commission's 
regulations and compliance by interstate natural gas pipelines will 
become mandatory and will replace the earlier version of these 
standards that the Commission previously incorporated by reference in 
2015.\3\
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    \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) 
(cross-referenced at 76 FERC ] 61,042).
    \3\ Standards for Business Practices of Interstate Natural Gas 
Pipelines, Order No. 587-W, FERC Stats. & Regs. ] 31,373 (2015) 
(Order No. 587-W) (cross-referenced at 153 FERC ] 61,061).
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    8. 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. It 
also identifies changes to the existing standards that were considered 
but not adopted due to a lack of consensus or other reasons.
    9. On August 21, 2018, the Commission issued a Notice of Proposed 
Rulemaking proposing to amend its regulations to incorporate by 
reference, with certain enumerated exceptions, the NAESB WGQ Version 
3.1 business practice standards (referenced above) applicable to 
natural gas pipelines.\4\
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    \4\ Standards for Business Practices of Interstate Natural Gas 
Pipelines, Notice of Proposed Rulemaking, 83 FR 44521 (Aug. 31, 
2018), FERC Stats. & Regs. ] 32,728 (2018) (Version 3.1 NOPR).
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    10. In response to the Version 3.1 NOPR, Tennessee Valley Authority 
(TVA) and the Interstate Natural Gas Association of America (INGAA) 
filed comments. TVA expresses support for the Commission's proposal to 
incorporate by reference NAESB's WGQ Version 3.1 business practice 
standards. INGAA also supports the Commission's proposal in the Version 
3.1 NOPR, but urges the Commission to ensure that implementation of a 
Final Rule in this proceeding does not occur prior to April 1, 2019, 
after the winter heating season. INGAA states that implementation of a 
Final Rule in this proceeding will require substantial time and effort 
from both pipelines and their customers to alter business systems, 
scheduling, and coordination processes and, thus, it would be best to 
schedule implementation to not occur during the winter heating season.

II. Discussion

A. The NAESB WGQ Version 3.1 Business Practice Standards

    11. The NAESB WGQ Version 3.1 Business Practice Standards made a 
number of modifications to the earlier version of those standards that 
the Commission previously incorporated by reference in 2015 in Order 
No. 587-W.\5\ Notable among these modifications \6\ were two 
substantive revisions concerning the Nominations Related Standards, 
which govern shipper requests to schedule service on natural gas 
pipelines. One revision adds a new provision, Standard 1.3.82, to 
establish a standard rounding process (requiring calculations to at 
least the seventh decimal place) for elapsed-prorated-scheduled 
quantity \7\ calculations to provide for needed numerical uniformity 
and granularity for users of these NAESB procedures. The other 
Nominations Related Standards revision was to revise the ``Service 
Requester'' element of Standard 1.3.27,\8\ which specifies some of the 
information that should be included in a nomination request, from a 
Mandatory designation to a Business Conditional \9\ designation. Thus, 
instead of forcing a specific upstream or downstream (unthreaded) 
nomination \10\ 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.
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    \5\ Order No. 587-W, FERC Stats. & Regs. ] 31,373.
    \6\ An abbreviated description of these modifications is 
provided at PP 3-6 above.
    \7\ 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.
    \8\ 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.
    \9\ 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.
    \10\ 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, therefore, has three 
transaction types.
    NAESB also provides the following 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-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).
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    12. NAESB also adopted three minor revisions to the WGQ EDM Related 
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. The revision 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 TSPs' EBBs to indicate ``Yes'' and/or ``No'' responses to data 
elements, which NAESB states is more convenient than the current drop 
down list. Third, NAESB revised its standards to update the operating 
systems and web browsers that entities should support to allow

[[Page 62244]]

users to take advantage of recent developments in computer technology 
and use. Additionally, language was added to clarify the SSL/TLS 
protocols, which encrypt data to hide information from electronic 
observers on the internet. The revised standard provides guidance on 
the timing for adoption of a new version of SSL/TLS protocols--new 
versions of these protocols should be used within 9 months of the 
version becoming generally available. In addition, the revised standard 
clarifies that SSL is a colloquial term that encompasses both SSL and 
TLS.
    13. Other changes adopted by NAESB included changes to the NAESB 
WGQ data sets and other technical implementation documentation, which 
provide the technical 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 
Nominations related Standard 1.4.1 and the Scheduled Quantity Standard 
1.4.5. Currently, in the data sets, the Service Requester is defined as 
the Shipper or its 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.
    14. 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.
    15. 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.
    16. NAESB also revised Standard 2.4.6 to add two Sender's Option 
data elements,\11\ ``Comments'' and ``Volume-Uncorrected'' to the 
Measured Volume Audit Statement \12\ 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.
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    \11\ Nominations Related 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.
    \12\ NAESB's business process and practices overview of the 
Flowing Gas Related 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.
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    17. 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 TSP's tariff, the 
Bidder's creditworthiness pre-qualification.
    18. 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.
    19. 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. NAESB's Process

    20. NAESB used its consensus procedures to develop and approve the 
Version 3.1 Standards. As the Commission found in Order No. 587, the 
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, since 
the industry itself must conduct 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 (NTT&AA),\13\ Congress 
affirmatively requires federal agencies to use technical standards 
developed by voluntary consensus standards organizations, like NAESB, 
as means to carry out policy objectives or activities determined by the 
agencies unless an agency determines that the use of such standards 
would be inconsistent with applicable law or otherwise impractical.
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    \13\ Public Law 104-113, 12(d), 110 Stat. 775 (1996).
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C. Adoption of Version 3.1 of the Standards

    21. In the Version 3.1 NOPR, the Commission proposed to incorporate 
by reference, in its regulations, Version 3.1 of the NAESB WGQ 
consensus business practice standards, with the exception of NAESB's 
standards specifying the terms of optional model contracts and the 
eTariff-related standards.\14\ As explained above, all of the 
commenters supported the Commission's proposal to incorporate by 
reference the NAESB WGQ Version 3.1 business practice standards as 
proposed in the Version 3.1 NOPR.\15\
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    \14\ Version 3.1 NOPR, FERC Stats. & Regs. ] 32,728 at n.1 & 
P16.
    \15\ INGAA's suggestions for the implementation dates for the 
Final Rule are discussed separately in section III below.
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    22. After a review of the comments filed in response to the Version 
3.1 NOPR, the Commission amends Part 284 of its regulations to 
incorporate by

[[Page 62245]]

reference the NAESB WGQ Version 3.1 business practice standards, with 
the exceptions (as explained in the Version 3.1 NOPR) of the optional 
model contracts and the eTariff-related standards.

D. Required Compliance Filings

    23. To implement the standards we are incorporating by reference in 
this Final Rule, we will require each interstate natural gas pipeline 
to file a separate tariff record reflecting the changed standards by 
April 1, 2019, to take effect on August 1, 2019, and the natural gas 
pipelines will be required to comply with these standards on and after 
August 1, 2019.\16\
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    \16\ To aid in compliance, promptly after issuance of this Final 
Rule, the Commission will post a sample tariff record on the 
Commission's website that may be accessed at http://www.ferc.gov/docs-filing/elibrary.asp. All interstate natural gas pipelines are 
to file their tariff records in conformance with this sample tariff 
record.
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III. Implementation Schedule

    24. As suggested by INGAA, we have selected an implementation 
schedule for compliance with this Final Rule that delays implementation 
until after the winter heating period. We also observe that none of the 
comments took issue with the Commission's explanation of its policies 
on tariff filings and on waiver requests. Thus, we are not modifying 
these policies in this Final Rule and stand by the explanation of those 
policies we made in the Version 3.1 NOPR. The Commission will require 
interstate natural gas pipelines to comply with the revised NAESB 
standards that we are incorporating by reference in this Final Rule 
beginning on August 1, 2019. We are adopting this implementation 
schedule to give the interstate natural gas pipelines subject to these 
standards adequate time to implement these changes. In addition, the 
interstate natural gas pipelines must file tariff records to reflect 
the changed standards by April 1, 2019.
    25. In addition, consistent with the requirements in Order No. 587-
W,\17\ the Commission is including the following compliance filing 
requirements to increase 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.
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    \17\ Order No. 587-W, FERC Stats. & Regs. ]31,373 at P 42.
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    (1) The pipelines must designate a single tariff record under which 
every NAESB standard currently incorporated by reference by the 
Commission is listed.\18\ This section should be a separate tariff 
record under the Commission's electronic tariff filing requirement and 
should be filed electronically using the eTariff portal using the Type 
of Filing Code 580. The Commission will post on its eLibrary website 
(under Docket No. RM96-1-041) a sample tariff record, to provide filers 
an illustrative example to aid them in preparing their compliance 
filings; \19\
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    \18\ See supra n.14.
    \19\ Id.
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    (2) For each standard, each pipeline must specify in the tariff 
record a list of all the NAESB standards currently incorporated by 
reference by the Commission:
    (a) whether the standard is incorporated by reference;
    (b) for those standards not incorporated by reference, the tariff 
provision that complies with the standard; \20\ and
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    \20\ For example, pipelines are required to include the full 
text of the NAESB nomination and capacity release timeline standards 
(WGQ Standards 1.3.2(i-vi) and 5.3.2) in their tariffs. See, e.g., 
Standards for Business Practices of Interstate Natural Gas 
Pipelines, Order No. 587-U, FERC Stats. & Regs. ] 31,307, at P 39 & 
n.42 (2010). Each pipeline's submittal is to identify which tariff 
provision complies with each of these standards.
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    (c) a statement identifying any standards for which the pipeline 
has been granted a waiver, extension of time, or other variance with 
respect to compliance with the standard.\21\
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    \21\ Shippers can use the Commission's electronic tariff system 
to locate the tariff record containing the NAESB standards, which 
will indicate the docket in which any waiver or extension of time 
was granted.
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    (3) 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 states 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.

IV. Notice of Use of Voluntary Consensus Standards

    26. Office of Management and Budget (OMB) 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 Final Rule, the Commission is 
amending its regulations to incorporate by reference voluntary 
consensus standards developed by NAESB's WGQ. In section 12(d) of 
NTT&AA, Congress affirmatively requires federal agencies to use 
technical standards developed by voluntary consensus standards 
organizations to carry out policy objectives or activities determined 
by the agencies unless use of such standards would be inconsistent with 
applicable law or otherwise impractical.\22\
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    \22\ Public Law 104-113, 12(d), 110 Stat. 775 (1996), 15 U.S.C. 
272 note (1997).
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V. Incorporation by Reference

    27. 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.\23\ The regulations also 
require agencies to summarize, in the preamble of the final rule, the 
material it incorporates by reference.
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    \23\ 1 CFR 51.5. See Incorporation by Reference, 79 FR 66267 
(Nov. 7, 2014).
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    28. The NAESB standards being incorporated by reference in this 
Final Rule 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 EDM 
Related Business Practice Standards; Capacity Release Related Business 
Practice Standards; and internet Electronic Transport Related Business 
Practice Standards. These can be summarized as follows.
    29. 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

[[Page 62246]]

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.
    30. 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.
    31. 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.
    32. 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).
    33. 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)/EDM transfers, batch flat file/EDM transfers, 
informational postings websites, EBB/EDM and interactive flat file/EDM.
    34. 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.
    35. 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.
    36. Our regulations provide that copies of the NAESB standards 
incorporated by reference may be obtained from NAESB, whose offices are 
located at 801 Travis Street, Suite 1675, Houston, TX 77002, Phone: 
(713) 356-0060. NAESB's website can be accessed at https://www.naesb.org//. Copies of the NAESB 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.\24\
---------------------------------------------------------------------------

    \24\ 18 CFR 284.12.
---------------------------------------------------------------------------

    37. NAESB is a private, consensus standards developer that develops 
voluntary wholesale and retail standards related to the energy 
industry. The procedures utilized by NAESB make its standards 
reasonably available to those affected by the Commission 
regulations.\25\ 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.\26\ Non-
members may obtain the Individual Standards Manual or Booklet for each 
of the seven manuals or booklets by email for $250 per manual or 
booklet, which in the case of these standards would total $1,750.\27\ 
Non-members also may obtain the complete set of Business Practice 
Standards 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.\28\ In addition, NAESB considers requests for 
waivers of the charges on a case-by-case basis based on need.
---------------------------------------------------------------------------

    \25\ As a private, consensus standards developer, NAESB needs 
the funds obtained from its membership fees and sales of its 
Individual Standards Manual or Booklet to finance the organization. 
The parties affected by these Commission regulations generally are 
highly sophisticated and have the means to acquire the information 
they need to effectively participate in Commission proceedings.
    \26\ NAESB Membership Application, https://www.naesb.org/pdf4/naesbapp.pdf.
    \27\ NAESB Materials Order Form, https://www.naesb.org/pdf/ordrform.pdf.
    \28\ Procedures for non-members to evaluate work products before 
purchasing are available at https://www.naesb.org/misc/NAESB_Nonmember_Evaluation.pdf. See Incorporation by Reference, 79 
FR at 66271, n.51 & 53 (Nov. 7, 2014) (citing to NAESB's procedure 
of providing ``no-cost, no-print electronic access,'' NAESB Comment, 
at 1, available at http://www.regulations.gov/#!documentDetail;D=OFR-2013-0001-0023).
---------------------------------------------------------------------------

VI. Information Collection Statement

    38. The collections of information for this Final Rule are being 
submitted to OMB for review under section 3507(d) of the Paperwork 
Reduction Act of 1995 \29\ and OMB's implementing regulations.\30\ OMB 
must approve information collection requirements imposed by agency 
rules. The burden estimates for this Final Rule are for one-time 
implementation of the information collection requirements of this Final 
Rule (including tariff filing, documentation of the process and 
procedures, and IT work), and ongoing burden.
---------------------------------------------------------------------------

    \29\ 44 U.S.C. 3507(d).
    \30\ 5 CFR 1320.
---------------------------------------------------------------------------

    39. The Commission solicited comments from the public on the 
Commission's need for this information, whether the information will 
have practical utility, the accuracy of the burden estimates, 
recommendations 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. No comments were filed raising any objections to the burden 
estimate presented in the Version 3.1 NOPR. Accordingly, we will use 
that same burden estimate in this Final Rule.
    40. The collections of information related to this Final Rule fall 
under FERC-545B (Gas Pipeline Rates: Rate Change (Non-Formal)) \31\ and 
FERC-549C (Standards for Business Practices of Interstate Natural Gas 
Pipelines).\32\ The following estimates of reporting burden are related 
only to this Final Rule and include the costs to pipelines to comply 
with the Commission's directives in this Final Rule. The burden 
estimates are primarily related to start-up to implement these 
standards and regulations and will not result in ongoing costs.
---------------------------------------------------------------------------

    \31\ FERC-545B covers rate change filings made by natural gas 
pipelines, including tariff changes.
    \32\ FERC-549C covers Standards for Business Practices of 
Interstate Natural Gas Pipelines.

[[Page 62247]]



                                                                  RM96-1-041 Final Rule
                                         [Standards for business practices of interstate natural gas pipelines]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Number of     Annual number                                                                             Annual costs
                                  respondents    of responses    Total number      Average burden hr. per    Total annual burden hours &  per respondent
                                     \33\       per respondent   of responses             response              total annual cost \34\          ($)
                                           (1)             (2)     (1) * (2) =  (4)........................  (3) * (4) = (5)............       (5) * (1)
                                                                           (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-545B (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-545B and FERC-549C) will be 
averaged over three years:
---------------------------------------------------------------------------

    \33\ 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.
    \34\ 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 (Bureau 
of Labor Statistics, May 2017 National Industry-Specific 
Occupational Employment and Wage Estimates (May 2017), 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 (Bureau of Labor Statistics, May 2017 
National Industry-Specific Occupational Employment and Wage 
Estimates (May 2017), 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-545B: 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-545B: 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-545B); 1,210 hours (FERC-549C)
Year 2: 55 responses; 550 hours (FERC-545B); 1,210 hours (FERC-549C)
Year 3: 55 responses; 550 hours (FERC-545B); 1,210 hours (FERC-549C)

    41. OMB regulations require OMB to approve certain information 
collection requirements imposed by agency rule. The Commission is 
submitting notification of this Final Rule to OMB. These information 
collections are mandatory requirements.
    Title: FERC-545B,\35\ Gas Pipeline Rates: Rates Change (Non-
Formal); FERC-549C, Standards for Business Practices of Interstate 
Natural Gas Pipelines.
---------------------------------------------------------------------------

    \35\ In the supporting statement for the NOPR, we submitted Gas 
Pipeline Rates: Rate Changes (Non-Formal) under the temporary 
information collection FERC-545B to ensure timely submission to OMB 
as another unrelated item was pending OMB review under FERC-545 (and 
only one item per collection can be pending at OMB). FERC-545B will 
also be used for the Final Rule in Docket No. RM96-1-041.
---------------------------------------------------------------------------

    Action: Proposed information collections.
    OMB Control Nos.: TBD (FERC-545B), 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 Commission has determined that the 
revisions the Commission makes in this Final Rule to its regulations 
specifically will upgrade the business practices and communication 
standards of natural gas pipelines by (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 
EDM 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 NGA. In 
addition, the Commission's Office of Enforcement will use the data for 
general industry oversight.
    Internal Review: The Commission has reviewed the business practice 
standards of natural gas pipelines adopted by NAESB and has determined 
that the revisions the Commission makes in this Final Rule to its 
regulations are necessary to provide additional transparency to 
informational posting websites and promote the additional efficiency 
and reliability of the natural gas industry's operations. These 
requirements conform to the Commission's plan for efficient information 
collection, communication, and management within the natural gas 
pipeline industry. 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. 
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], email: [email protected], phone: (202) 
502-8663, fax: (202) 273-0873.
    42. Comments concerning the collection of information(s) and the 
associated burden estimate(s) should be sent to the contact listed 
above and to OMB, Office of Information and Regulatory Affairs, 
Washington, DC 20503 [Attention: Desk Officer for the

[[Page 62248]]

Federal Energy Regulatory Commission, telephone: (202) 395-0710, fax: 
(202) 395-4718].

VII. Environmental Analysis

    43. The Commission concludes that neither an Environmental 
Assessment nor an Environmental Impact Statement is required for this 
Final Rule under Sec.  380.4(a) of the Commission's regulations, which 
provides a categorical exemption for actions that are clarifying, 
corrective, or procedural, or that do not substantively change the 
effect of legislation or regulations being amended, for information 
gathering, analysis, and dissemination, or for the sale, exchange, or 
transportation of natural gas under sections 4, 5, and 7 of the NGA 
that require no construction of facilities.\36\ Therefore, an 
environmental review is unnecessary and has not been prepared as part 
of this Final Rule.
---------------------------------------------------------------------------

    \36\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27).
---------------------------------------------------------------------------

VIII. Regulatory Flexibility Act

    44. The Regulatory Flexibility Act of 1980 (RFA) \37\ generally 
requires a description and analysis of final 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.
---------------------------------------------------------------------------

    \37\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    45. As we stated in the WGQ Version 3.1 NOPR, 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,\38\ 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.\39\ 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 Final Rule is $538,560 (or 
$3,264 per entity, regardless of entity size).\40\ 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.
---------------------------------------------------------------------------

    \38\ See 5 U.S.C. 601(3) citing section 3 of the Small Business 
Act (SBA), 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.
    \39\ 13 CFR 121.201 (Subsector 486-Pipeline Transportation; 
North American Industry Classification System code 486210; Pipeline 
Transportation of Natural Gas) (2018). ``Annual Receipts'' are total 
income plus cost of goods sold.
    \40\ This number is derived by dividing the total cost figure by 
the number of respondents. $538,560/165 = $3,264.
---------------------------------------------------------------------------

    46. Accordingly, pursuant to Sec.  605(b) of the RFA,\41\ the 
regulations being promulgated herein should not have a significant 
economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \41\ 5 U.S.C. 605(b).
---------------------------------------------------------------------------

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 FERC's Home Page (http://www.ferc.gov) and in FERC'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 FERC'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 FERC's 
website during normal business hours from FERC Online Support at (202) 
502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. Email the Public Reference Room at 
[email protected].

X. Effective Date and Congressional Notification

    50. These regulations are effective February 1, 2019. The 
Commission has determined (with the concurrence of the Administrator of 
the Office of Information and Regulatory Affairs of OMB) that this rule 
is not a ``major rule'' as defined in section 351 of the Small Business 
Regulatory Enforcement Fairness Act of 1996. This Final Rule is being 
submitted to the Senate, House, and Government Accountability Office.

List of Subjects in 18 CFR Part 284

    Incorporation by reference, Natural gas, Reporting and 
recordkeeping requirements.

    By the Commission. Commissioner McIntyre is not voting on this 
order.

    Issued: November 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission amends part 284, 
chapter I, title 18, Code of Federal Regulations, as follows:

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) through (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);

[[Page 62249]]

    (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. 2018-26158 Filed 11-30-18; 8:45 am]
BILLING CODE 6717-01-P



                                             62242                  Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations

                                             based on the change in that Index since                                    ACTION:       Final rule.                                                   certain publications listed in this rule is
                                             June 1993, is $2.75.                                                                                                                                   approved by the Director of the Federal
                                                                                                                        SUMMARY:   The Federal Energy                                               Register as of February 1, 2019.
                                             *    *     *     *   *                                                     Regulatory Commission is amending its
                                             Abioye E. Mosheim,                                                         regulations to incorporate by reference,                                    FOR FURTHER INFORMATION CONTACT:
                                             Acting Secretary, U.S. Consumer Product                                    with certain enumerated exceptions, the                                       Stanley Wolf (technical issues), Office
                                             Safety Commission.                                                         latest version (Version 3.1) of business                                    of Energy Policy and Innovation,
                                             [FR Doc. 2018–26160 Filed 11–30–18; 8:45 am]                               practice standards adopted by the                                           Federal Energy Regulatory Commission,
                                             BILLING CODE 6355–01–P
                                                                                                                        Wholesale Gas Quadrant of the North                                         888 First Street NE, Washington, DC
                                                                                                                        American Energy Standards Board                                             20426, (202) 502–6841, stanley.wolf@
                                                                                                                        (NAESB) applicable to natural gas                                           ferc.gov.
                                                                                                                        pipelines in place of the currently                                           Oscar F. Santillana (technical issues),
                                             DEPARTMENT OF ENERGY
                                                                                                                        incorporated version (Version 3.0) of                                       Office of Energy Market Regulation,
                                             Federal Energy Regulatory                                                  those business practice standards. The                                      Federal Energy Regulatory Commission,
                                             Commission                                                                 revisions made by NAESB in this                                             888 First Street NE, Washington, DC
                                                                                                                        version of the standards are designed to                                    20426, (202) 502–6392,
                                             18 CFR Part 284                                                            clarify the processing of certain business                                  oscar.santillana@ferc.gov.
                                                                                                                        transactions.                                                                 Gary D. Cohen (legal issues), Office of
                                             [Docket No. RM96–1–041; Order                                              DATES: This rule will become effective                                      the General Counsel, Federal Energy
                                             No. 587–Y]                                                                 February 1, 2019. Compliance filings                                        Regulatory Commission, 888 First Street
                                             Standards for Business Practices of                                        required by this rule are due on April                                      NE, Washington, DC 20426, (202) 502–
                                             Interstate Natural Gas Pipelines                                           1, 2019 and compliance with the                                             8321, gary.cohen@ferc.gov.
                                                                                                                        standards incorporated in this rule is
                                                                                                                                                                                                    SUPPLEMENTARY INFORMATION:
                                             AGENCY:Federal Energy Regulatory                                           required on and after August 1, 2019.
                                             Commission, DOE.                                                           The incorporation by reference of                                           Table of Contents

                                             I. Background ................................................................................................................................................................................     7
                                             II. Discussion ................................................................................................................................................................................   11
                                                   A. The NAESB WGQ Version 3.1 Business Practice Standards .........................................................................................                                          11
                                                   B. NAESB’s Process ...............................................................................................................................................................          20
                                                   C. Adoption of Version 3.1 of the Standards ......................................................................................................................                          21
                                                   D. Required Compliance Filings ...........................................................................................................................................                  23
                                             III. Implementation Schedule ......................................................................................................................................................               24
                                             IV. Notice of Use of Voluntary Consensus Standards ................................................................................................................                               26
                                             V. Incorporation by Reference .....................................................................................................................................................               27
                                             VI. Information Collection Statement ..........................................................................................................................................                   38
                                             VII. Environmental Analysis ........................................................................................................................................................              43
                                             VIII. Regulatory Flexibility Act ...................................................................................................................................................              44
                                             IX. Document Availability ...........................................................................................................................................................             47
                                             X. Effective Date and Congressional Notification .......................................................................................................................                          50


                                               1. In this Final Rule, the Federal                                       carry out its responsibilities under the                                    the operating systems and web browsers
                                             Energy Regulatory Commission                                               Natural Gas Act (NGA).1                                                     that entities should support on behalf of
                                             (Commission) amends its regulations at                                        3. The NAESB WGQ Version 3.1                                             users. Additionally, clarifying language
                                             18 CFR 284.12 to incorporate by                                            package of standards contains a number                                      was added to the Secure Sockets Layer
                                             reference, with certain enumerated                                         of revisions to the NAESB Version 3.0                                       (SSL)/Transport Layer Security (TLS)
                                             exceptions, the latest version (Version                                    package of standards. As explained                                          protocols.
                                             3.1) of business practice standards                                        further below, NAESB adopted two                                              5. Other changes adopted by NAESB
                                             applicable to interstate natural gas                                       substantive revisions to its Nominations                                    included changes to the NAESB WGQ
                                             pipelines adopted by the Wholesale Gas                                     Related Standards, one to establish a                                       data sets and other technical
                                             Quadrant (WGQ) of the North American                                       standard rounding process for elapsed-                                      implementation documentation as well
                                             Energy Standards Board (NAESB) in                                          prorated-scheduled quantity                                                 as revisions to the Flowing Gas Related
                                             place of the currently incorporated                                        calculations and a second to revise the                                     data sets and technical implementation.
                                             version (Version 3.0) of those business                                    specifications for the information to be                                    In addition, NAESB revised the
                                                                                                                        included in a nomination request.                                           Imbalance Trade data set and revised
                                             practice standards. Under this Final
                                                                                                                           4. NAESB also adopted three minor                                        two Sender’s Option data elements.
                                             Rule, interstate natural gas pipelines are
                                                                                                                        revisions to the WGQ Electronic                                             NAESB also adopted revisions to the
                                             required to file compliance filings with
                                                                                                                        Delivery Mechanism (EDM) Related                                            Capacity Release Related data sets and
                                             the Commission by April 1, 2019 and
                                                                                                                        Standards. First, it has increased the                                      technical implementation and revised
                                             are required to comply with the                                            allowable field length in ASCII Comma                                       Standard 6.3.1 (i.e., the NAESB Base
                                             standards incorporated by reference in                                     Separated Value Files to 3000                                               Contract for Sale and Purchase of
                                             this rule on and after August 1, 2019.                                     characters. Second, NAESB adopted                                           Natural Gas) to add language directing
khammond on DSK30JT082PROD with RULES




                                               2. The implementation of these                                           new Standard 4.3.106 to allow                                               users to NAESB’s copyright disclaimer
                                             standards and regulations will promote                                     checkboxes and radio buttons in the                                         posted on the NAESB website. Identical
                                             additional efficiency and reliability of                                   Transmission Service Providers’ (TSP)                                       language was added to three additional
                                             the natural gas industries’ operations                                     Electronic Bulletin Boards (EBB). Third,                                    NAESB WGQ Contracts.
                                             thereby helping the Commission to                                          NAESB modified its standards to update                                        6. Lastly, NAESB adopted
                                                                                                                                                                                                    modifications to add a self-
                                                                                                                           1 15   U.S.C. 717 (2012).                                                identification provision that assists end


                                        VerDate Sep<11>2014         16:14 Nov 30, 2018         Jkt 247001       PO 00000       Frm 00002        Fmt 4700       Sfmt 4700      E:\FR\FM\03DER1.SGM               03DER1


                                                              Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations                                                   62243

                                             users in determining whether                            the Commission’s proposal to                          Thus, instead of forcing a specific
                                             counterparties are commercial market                    incorporate by reference NAESB’s WGQ                  upstream or downstream (unthreaded)
                                             participants as defined by the United                   Version 3.1 business practice standards.              nomination 10 to be tied to a specific
                                             States Commodity Futures Trading                        INGAA also supports the Commission’s                  contract (using a specific threaded
                                             Commission.                                             proposal in the Version 3.1 NOPR, but                 nomination), upstream nominations
                                                                                                     urges the Commission to ensure that                   may now be distributed among several
                                             I. Background
                                                                                                     implementation of a Final Rule in this                contracts (using a Pathed Non-Threaded
                                                7. Since 1996, the Commission has                    proceeding does not occur prior to April              nomination structure), which generally
                                             adopted regulations to standardize the                  1, 2019, after the winter heating season.             increases flexibility to customers.
                                             business practices and communication                    INGAA states that implementation of a                    12. NAESB also adopted three minor
                                             methodologies of interstate natural gas                 Final Rule in this proceeding will                    revisions to the WGQ EDM Related
                                             pipelines to create a more integrated                   require substantial time and effort from              Standards, which establish the
                                             and efficient pipeline grid. These                      both pipelines and their customers to                 framework for the electronic
                                             regulations have been promulgated in                    alter business systems, scheduling, and               dissemination and communication of
                                             the Order No. 587 series of orders,2                    coordination processes and, thus, it                  information between parties in the
                                             wherein the Commission has                              would be best to schedule                             North American Wholesale Gas
                                             incorporated by reference standards for                 implementation to not occur during the                marketplace. First, NAESB revised
                                             interstate natural gas pipeline business                winter heating season.                                Standard 4.3.80 to increase the
                                             practices and electronic                                                                                      allowable field length in ASCII Comma
                                             communications that were developed                      II. Discussion                                        Separated Value Files to 3000
                                             and adopted by NAESB’s WGQ. Upon                        A. The NAESB WGQ Version 3.1                          characters. The revision increases the
                                             incorporation by reference, this version                Business Practice Standards                           amount of information that can be
                                             of these standards will become part of                                                                        conveyed, but reasonably limits it in
                                             the Commission’s regulations and                           11. The NAESB WGQ Version 3.1                      conformity with commonly used
                                             compliance by interstate natural gas                    Business Practice Standards made a                    software such as Excel. Second, NAESB
                                             pipelines will become mandatory and                     number of modifications to the earlier                adopted new Standard 4.3.106 to allow
                                             will replace the earlier version of these               version of those standards that the                   checkboxes and radio buttons in the
                                             standards that the Commission                           Commission previously incorporated by                 TSPs’ EBBs to indicate ‘‘Yes’’ and/or
                                             previously incorporated by reference in                 reference in 2015 in Order No. 587–W.5                ‘‘No’’ responses to data elements, which
                                             2015.3                                                  Notable among these modifications 6                   NAESB states is more convenient than
                                                8. On September 29, 2017, NAESB                      were two substantive revisions                        the current drop down list. Third,
                                             filed a report informing the Commission                 concerning the Nominations Related                    NAESB revised its standards to update
                                             that it had adopted and ratified WGQ                    Standards, which govern shipper                       the operating systems and web browsers
                                             Version 3.1 of its business practice                    requests to schedule service on natural               that entities should support to allow
                                             standards applicable to natural gas                     gas pipelines. One revision adds a new
                                             pipelines. The NAESB report identifies                  provision, Standard 1.3.82, to establish              element is one that is based on current variations
                                             all the changes made to the Version 3.0                                                                       in business practice.
                                                                                                     a standard rounding process (requiring                   10 NAESB’s Nomination Data Dictionary, WGQ
                                             Standards and summarizes the                            calculations to at least the seventh                  Version 3.1, Standard 1.4.1, retains from the
                                             deliberations that led to the changes. It               decimal place) for elapsed-prorated-                  Version 3.0 standard the field for ‘‘Model Type
                                             also identifies changes to the existing                 scheduled quantity 7 calculations to                  Data’’ that identifies which of three types of
                                             standards that were considered but not                                                                        nomination structures is being used. These are:
                                                                                                     provide for needed numerical                          Pathed, Non-Pathed, and Pathed Non-Threaded.
                                             adopted due to a lack of consensus or                   uniformity and granularity for users of               Having these three types of model type data allows
                                             other reasons.                                          these NAESB procedures. The other                     specificity as to the details of the nomination. A
                                                9. On August 21, 2018, the                           Nominations Related Standards revision                pathed nomination uses one nomination line item
                                             Commission issued a Notice of                                                                                 to transact business and, therefore, has one
                                                                                                     was to revise the ‘‘Service Requester’’               transaction type. A non-pathed nomination uses
                                             Proposed Rulemaking proposing to                        element of Standard 1.3.27,8 which                    two nomination line items to transact business and,
                                             amend its regulations to incorporate by                 specifies some of the information that                therefore, has two transaction types. A pathed non-
                                             reference, with certain enumerated                      should be included in a nomination                    threaded nomination uses three nomination line
                                             exceptions, the NAESB WGQ Version                                                                             items to transact business and, therefore, has three
                                                                                                     request, from a Mandatory designation                 transaction types.
                                             3.1 business practice standards                         to a Business Conditional 9 designation.                 NAESB also provides the following clarification
                                             (referenced above) applicable to natural                                                                      of these concepts in the description of the technical
                                             gas pipelines.4                                           5 Order  No. 587–W, FERC Stats. & Regs. ¶ 31,373.   implementation of business processes included as
                                                10. In response to the Version 3.1                     6 An  abbreviated description of these              part of Standard 1.4.1, where NAESB explains that:
                                             NOPR, Tennessee Valley Authority                        modifications is provided at PP 3–6 above.               [a] ‘‘Pathed’’ nomination is actually a ‘‘Pathed
                                                                                                       7 Standard 1.2.12 of the Nominations Related        Threaded’’ nomination because (1) the physical
                                             (TVA) and the Interstate Natural Gas                                                                          path of the pipeline locations and service
                                                                                                     Standards defines the elapsed-prorated-scheduled
                                             Association of America (INGAA) filed                    quantity to mean:                                     contract(s) is fully described in the nomination, and
                                             comments. TVA expresses support for                       That portion of the scheduled quantity that
                                                                                                                                                           (2) the logical thread of a specific supplier entity
                                                                                                                                                           to a specific market entity at specific pipeline
                                                                                                     would have theoretically flowed up to the effective   locations for a specific quantity is also fully
                                               2 This series of orders began with the                time of the intraday nomination being confirmed,      described. ‘‘Non-Pathed’’ nominations are actually
                                             Commission’s issuance of Standards for Business         based upon a cumulative uniform hourly quantity       ‘‘Non-Pathed Non-Threaded’’ nominations because
                                             Practices of Interstate Natural Gas Pipelines, Order    for each nomination period affected.                  (1) physical ‘‘location-to-location’’ paths are not
                                             No. 587, FERC Stats. & Regs. ¶ 31,038 (1996) (cross-      8 NAESB also made conforming revisions to the
                                                                                                                                                           described in the nominations, and (2) no ties of
                                             referenced at 76 FERC ¶ 61,042).
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                                                                                                     related data sets and documents: Standard 1.4.1 of    specific supply entities to specific market entities
                                               3 Standards for Business Practices of Interstate      the Nomination data set, Standard 1.4.5 of the        are established. And for ‘‘Pathed Non-Threaded’’
                                             Natural Gas Pipelines, Order No. 587–W, FERC            Scheduled Quantity data set, Standard 2.4.4 of the    nominations, (1) the physical path of the pipeline
                                             Stats. & Regs. ¶ 31,373 (2015) (Order No. 587–W)        Shipper Imbalance data set, Standard 1.4.2 of the     locations, service contract(s), and quantity is fully
                                             (cross-referenced at 153 FERC ¶ 61,061).                Nomination Quick Response data set, Standard          described, and (2) no ties of specific supply entities
                                               4 Standards for Business Practices of Interstate      2.4.1 of the Pre-Determined Allocation document,      to specific market entities are established. See
                                             Natural Gas Pipelines, Notice of Proposed               and Standard 2.4.3 of the Allocation document.        NAESB WGQ Version 3.1 Business Practice
                                             Rulemaking, 83 FR 44521 (Aug. 31, 2018), FERC             9 Standard 1.2.2 of the Nominations Related         Standards, Nominations Related Standards,
                                             Stats. & Regs. ¶ 32,728 (2018) (Version 3.1 NOPR).      Standards provides that a Business Conditional data   Standard 1.4.1, at 87 (Sep. 29, 2017).



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                                             62244            Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations

                                             users to take advantage of recent                       the terms of the trade that the initiating             to three additional NAESB WGQ
                                             developments in computer technology                     trader had posted. When the data sets                  Contracts.
                                             and use. Additionally, language was                     were consolidated, this data element                     19. Lastly, NAESB adopted
                                             added to clarify the SSL/TLS protocols,                 was dropped because it was assumed                     modifications to the cover page of
                                             which encrypt data to hide information                  that if a confirming party did not agree               Standard 6.3.1 to add a self-
                                             from electronic observers on the                        with the posted terms it would not                     identification provision that assists end
                                             internet. The revised standard provides                 confirm the trade, which was effective                 users in determining whether
                                             guidance on the timing for adoption of                  only if the pipeline did not have an                   counterparties are commercial market
                                             a new version of SSL/TLS protocols—                     auto-confirm agreement with that                       participants as defined by the United
                                             new versions of these protocols should                  confirming party. Accordingly, to                      States Commodity Futures Trading
                                             be used within 9 months of the version                  address situations where there are auto-               Commission.
                                             becoming generally available. In                        confirm agreements, NAESB has now                      B. NAESB’s Process
                                             addition, the revised standard clarifies                revised Standard 2.4.11 to add a new
                                             that SSL is a colloquial term that                      Business Conditional data element                         20. NAESB used its consensus
                                             encompasses both SSL and TLS.                           ‘‘Imbalance Trade Response’’ with an                   procedures to develop and approve the
                                                13. Other changes adopted by NAESB                   ‘‘Accept/Reject’’ code value. This                     Version 3.1 Standards. As the
                                             included changes to the NAESB WGQ                       Accept/Reject indicator informs the                    Commission found in Order No. 587,
                                             data sets and other technical                           pipeline whether the confirming party                  the adoption of consensus standards is
                                             implementation documentation, which                     agrees to the terms of the trade that the              appropriate, because the consensus
                                             provide the technical support necessary                 initiating trader had posted.                          process helps ensure the reasonableness
                                             to use the NAESB standards effectively.                    16. NAESB also revised Standard                     of the standards by requiring that the
                                             One such change was to add a new                        2.4.6 to add two Sender’s Option data                  standards draw support from a broad
                                             Business Conditional data element                                                                              spectrum of industry participants
                                                                                                     elements,11 ‘‘Comments’’ and ‘‘Volume-
                                             ‘‘Agent’’ and corresponding technical                                                                          representing all segments of the
                                                                                                     Uncorrected’’ to the Measured Volume
                                             implementation to the Nominations                                                                              industry. Moreover, since the industry
                                                                                                     Audit Statement 12 in order to
                                             related Standard 1.4.1 and the                                                                                 itself must conduct business under
                                                                                                     communicate raw data on volumes in
                                             Scheduled Quantity Standard 1.4.5.                                                                             these standards, the Commission’s
                                                                                                     addition to the final volumes, which are
                                             Currently, in the data sets, the Service                                                                       regulations should reflect those
                                                                                                     communicated through the existing data
                                             Requester is defined as the Shipper or                                                                         standards that have the widest possible
                                                                                                     element ‘‘Volume Corrected.’’ Thus,
                                             its Agent; however, language included                                                                          support. In section 12(d) of the National
                                                                                                     users will now be able to indicate what
                                             in the implementation guides states that                                                                       Technology Transfer and Advancement
                                                                                                     initial data they received in addition to
                                             both the Shipper and Agent will be                                                                             Act of 1995 (NTT&AA),13 Congress
                                                                                                     how that data was ultimately corrected,
                                             identified. Thus, this change adds a data                                                                      affirmatively requires federal agencies to
                                                                                                     and to provide comments concerning
                                             element ‘‘Agent’’ to the data sets to                                                                          use technical standards developed by
                                                                                                     that data, which relate to what meter
                                             allow the Service Requestor to identify                                                                        voluntary consensus standards
                                                                                                     was used to measure the data.
                                             both the shipper and its agent if it uses                                                                      organizations, like NAESB, as means to
                                                                                                        17. NAESB also adopted revisions to
                                             an agent to nominate and schedule on                                                                           carry out policy objectives or activities
                                                                                                     the Capacity Release Related data sets
                                             the pipeline.                                                                                                  determined by the agencies unless an
                                                                                                     and technical implementation.
                                                14. NAESB also adopted revisions to                                                                         agency determines that the use of such
                                                                                                     Specifically, NAESB revised Standard
                                             the Flowing Gas Related data sets and                                                                          standards would be inconsistent with
                                                                                                     5.4.24 to add a new Business
                                             technical implementation, which                                                                                applicable law or otherwise impractical.
                                                                                                     Conditional data element, ‘‘Waive
                                             address quantitative issues relating
                                             generally to allocation, imbalances, and                Bidder Credit Indicator’’ and                          C. Adoption of Version 3.1 of the
                                             measurement of flowing gas.                             corresponding code values to the Offer                 Standards
                                             Specifically, NAESB added three                         data set. The additional data element                     21. In the Version 3.1 NOPR, the
                                             Business Conditional data elements to                   indicates to a Bidder whether the                      Commission proposed to incorporate by
                                             the Authorization to Post Imbalances                    Releasing Shipper will waive, pursuant                 reference, in its regulations, Version 3.1
                                             data set (Standard 2.4.9). The addition                 to the TSP’s tariff, the Bidder’s                      of the NAESB WGQ consensus business
                                             of the three data elements will allow a                 creditworthiness pre-qualification.                    practice standards, with the exception
                                             Service Requester to authorize specific                    18. Further, NAESB revised Standard                 of NAESB’s standards specifying the
                                             contracts and quantities of imbalances                  6.3.1 (i.e., the NAESB Base Contract for               terms of optional model contracts and
                                             for specified periods of time to be                     Sale and Purchase of Natural Gas) to                   the eTariff-related standards.14 As
                                             posted.                                                 add language to the disclaimer to                      explained above, all of the commenters
                                                15. In addition, NAESB revised the                   provide a copyright notification and                   supported the Commission’s proposal to
                                             Imbalance Trade data set (Standard                      direct the reader to the NAESB                         incorporate by reference the NAESB
                                             2.4.11) to reinstate language providing                 Copyright Policy and Companies with                    WGQ Version 3.1 business practice
                                             the confirming party the ability to reject              Access to NAESB Standards under the                    standards as proposed in the Version 3.1
                                             a trade in the Imbalance Trade data set                 Copyright Policy posted on the NAESB                   NOPR.15
                                             when an auto-confirm agreement with a                   website. Identical language was added                     22. After a review of the comments
                                             confirming party is in place. NAESB                                                                            filed in response to the Version 3.1
                                             states that in its WGQ Version 2.1                        11 Nominations Related Standard 1.2.2 provides
                                                                                                                                                            NOPR, the Commission amends Part
                                             publication, before the Imbalance                       that Sender’s Option means that this element is an
                                                                                                                                                            284 of its regulations to incorporate by
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                                                                                                     option for the sender to send and, if sent, the
                                             Trading data sets were consolidated, the                receiver should store and use the contents of the
                                             Imbalance Trade Confirmation                            data element.                                             13 Public Law 104–113, 12(d), 110 Stat. 775

                                             contained a Yes/No indicator that the                     12 NAESB’s business process and practices            (1996).
                                                                                                                                                               14 Version 3.1 NOPR, FERC Stats. & Regs. ¶ 32,728
                                             confirming party could use to indicate                  overview of the Flowing Gas Related Standards
                                                                                                     states that the Measured Volume Audit Statement        at n.1 & P16.
                                             its acceptance or rejection of the trade.               data set is used to report gas measurement                15 INGAA’s suggestions for the implementation
                                             This indicator informed a pipeline                      information in support of the allocation, imbalance,   dates for the Final Rule are discussed separately in
                                             whether the confirming party agreed to                  invoice and audit processes.                           section III below.



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                                                              Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations                                                  62245

                                             reference the NAESB WGQ Version 3.1                     listed.18 This section should be a                     voluntary consensus standards
                                             business practice standards, with the                   separate tariff record under the                       organizations to carry out policy
                                             exceptions (as explained in the Version                 Commission’s electronic tariff filing                  objectives or activities determined by
                                             3.1 NOPR) of the optional model                         requirement and should be filed                        the agencies unless use of such
                                             contracts and the eTariff-related                       electronically using the eTariff portal                standards would be inconsistent with
                                             standards.                                              using the Type of Filing Code 580. The                 applicable law or otherwise
                                                                                                     Commission will post on its eLibrary                   impractical.22
                                             D. Required Compliance Filings                          website (under Docket No. RM96–1–
                                                23. To implement the standards we                    041) a sample tariff record, to provide                V. Incorporation by Reference
                                             are incorporating by reference in this                  filers an illustrative example to aid them                27. The Office of the Federal Register
                                             Final Rule, we will require each                        in preparing their compliance filings; 19              requires agencies incorporating material
                                             interstate natural gas pipeline to file a                  (2) For each standard, each pipeline                by reference in final rules to discuss, in
                                             separate tariff record reflecting the                   must specify in the tariff record a list of            the preamble of the final rule, the ways
                                             changed standards by April 1, 2019, to                  all the NAESB standards currently                      that the materials it incorporates by
                                             take effect on August 1, 2019, and the                  incorporated by reference by the                       reference are reasonably available to
                                             natural gas pipelines will be required to               Commission:                                            interested parties and how interested
                                             comply with these standards on and                         (a) whether the standard is                         parties can obtain the materials.23 The
                                             after August 1, 2019.16                                 incorporated by reference;                             regulations also require agencies to
                                                                                                        (b) for those standards not                         summarize, in the preamble of the final
                                             III. Implementation Schedule                            incorporated by reference, the tariff                  rule, the material it incorporates by
                                                24. As suggested by INGAA, we have                   provision that complies with the                       reference.
                                             selected an implementation schedule for                 standard; 20 and                                          28. The NAESB standards being
                                             compliance with this Final Rule that                       (c) a statement identifying any                     incorporated by reference in this Final
                                             delays implementation until after the                   standards for which the pipeline has                   Rule consist of seven suites of NAESB
                                             winter heating period. We also observe                  been granted a waiver, extension of                    WGQ Business Practice Standards that
                                             that none of the comments took issue                    time, or other variance with respect to                touch on a variety of topics and are
                                             with the Commission’s explanation of                    compliance with the standard.21                        designed to streamline the transactional
                                             its policies on tariff filings and on                      (3) If the pipeline is requesting a
                                                                                                                                                            processes for the wholesale gas industry
                                             waiver requests. Thus, we are not                       continuation of an existing waiver or
                                                                                                                                                            by promoting a more competitive and
                                             modifying these policies in this Final                  extension of time, it must include a
                                                                                                                                                            efficient market. These include the
                                             Rule and stand by the explanation of                    table in its transmittal letter that states
                                                                                                                                                            WGQ Additional Business Practice
                                                                                                     the standard for which a waiver or
                                             those policies we made in the Version                                                                          Standards; WGQ Nominations Related
                                                                                                     extension of time was granted, and the
                                             3.1 NOPR. The Commission will require                                                                          Business Practice Standards; WGQ
                                                                                                     docket number or order citation to the
                                             interstate natural gas pipelines to                                                                            Flowing Gas Related Business Practice
                                                                                                     proceeding in which the waiver or
                                             comply with the revised NAESB                                                                                  Standards; Invoicing Related Business
                                                                                                     extension of time was granted.
                                             standards that we are incorporating by                                                                         Practice Standards; Quadrant EDM
                                             reference in this Final Rule beginning                  IV. Notice of Use of Voluntary                         Related Business Practice Standards;
                                             on August 1, 2019. We are adopting this                 Consensus Standards                                    Capacity Release Related Business
                                             implementation schedule to give the                        26. Office of Management and Budget                 Practice Standards; and internet
                                             interstate natural gas pipelines subject                (OMB) Circular A–119 (section 11)                      Electronic Transport Related Business
                                             to these standards adequate time to                     (February 10, 1998) provides that                      Practice Standards. These can be
                                             implement these changes. In addition,                   federal agencies should publish a                      summarized as follows.
                                             the interstate natural gas pipelines must               request for comment in a NOPR when                        29. The WGQ Additional Business
                                             file tariff records to reflect the changed              the agency is seeking to issue or revise               Practice Standards address six areas:
                                             standards by April 1, 2019.                             a regulation proposing to adopt a                      Creditworthiness, Storage Information,
                                                25. In addition, consistent with the                 voluntary consensus standard or a                      Gas/Electric Operational
                                             requirements in Order No. 587–W,17 the                  government-unique standard. In this                    Communications, Operational Capacity,
                                             Commission is including the following                   Final Rule, the Commission is amending                 Unsubscribed Capacity, and Location
                                             compliance filing requirements to                       its regulations to incorporate by                      Data Download.
                                             increase the transparency of the                        reference voluntary consensus standards                   • The Creditworthiness related
                                             pipelines’ incorporation by reference of                developed by NAESB’s WGQ. In section                   standards describe requirements for the
                                             the NAESB WGQ Standards so that                         12(d) of NTT&AA, Congress                              exchange of information, notification,
                                             shippers and the Commission will know                   affirmatively requires federal agencies to             and communication between parties
                                             which tariff provision(s) implements                    use technical standards developed by                   during the creditworthiness evaluation
                                             each standard as well as the status of                                                                         process.
                                             each standard.                                            18 See   supra n.14.                                    • The Storage Information related
                                                (1) The pipelines must designate a                     19 Id.                                               standards define the information to be
                                             single tariff record under which every                    20 For example, pipelines are required to include
                                                                                                                                                            provided to natural gas service
                                             NAESB standard currently incorporated                   the full text of the NAESB nomination and capacity     requesters related to storage activities
                                                                                                     release timeline standards (WGQ Standards
                                             by reference by the Commission is                       1.3.2(i–vi) and 5.3.2) in their tariffs. See, e.g.,    and/or balances.
                                                                                                     Standards for Business Practices of Interstate            • The Gas/Electric Operational
                                                                                                                                                            Communications related standards
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                                                16 To aid in compliance, promptly after issuance     Natural Gas Pipelines, Order No. 587–U, FERC
                                             of this Final Rule, the Commission will post a          Stats. & Regs. ¶ 31,307, at P 39 & n.42 (2010). Each   define communication protocols
                                             sample tariff record on the Commission’s website        pipeline’s submittal is to identify which tariff
                                             that may be accessed at http://www.ferc.gov/docs-       provision complies with each of these standards.       intended to improve coordination
                                             filing/elibrary.asp. All interstate natural gas           21 Shippers can use the Commission’s electronic
                                             pipelines are to file their tariff records in           tariff system to locate the tariff record containing     22 Public Law 104–113, 12(d), 110 Stat. 775

                                             conformance with this sample tariff record.             the NAESB standards, which will indicate the           (1996), 15 U.S.C. 272 note (1997).
                                                17 Order No. 587–W, FERC Stats. & Regs. ¶31,373      docket in which any waiver or extension of time          23 1 CFR 51.5. See Incorporation by Reference, 79

                                             at P 42.                                                was granted.                                           FR 66267 (Nov. 7, 2014).



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                                             62246            Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations

                                             between the gas and electric industries                 postings websites, EBB/EDM and                        comment period, through the end of the
                                             in daily operational communications                     interactive flat file/EDM.                            comment period.28 In addition, NAESB
                                             between transportation service                             34. The Capacity Release Related                   considers requests for waivers of the
                                             providers and gas-fired power plants.                   Business Practice Standards define the                charges on a case-by-case basis based on
                                             The standards include requirements for                  business processes for communication                  need.
                                             communicating anticipated power                         of information related to the selling of
                                                                                                     all or any portion of a transmission                  VI. Information Collection Statement
                                             generation fuel for the upcoming day as
                                             well as any operating problems that                     service requester’s contract rights.                    38. The collections of information for
                                             might hinder gas-fired power plants                        35. The Internet Electronic Transport              this Final Rule are being submitted to
                                             from receiving contractual gas                          Related Business Practice Standards                   OMB for review under section 3507(d)
                                             quantities.                                             define the implementation of various                  of the Paperwork Reduction Act of
                                                • The Operational Capacity related                   technologies necessary to communicate                 1995 29 and OMB’s implementing
                                             standards define requirements of the                    transactions and other electronic data                regulations.30 OMB must approve
                                             transportation service provider related                 using standard protocols for electronic               information collection requirements
                                             to the reporting and requesting of a                    commerce over the internet between                    imposed by agency rules. The burden
                                             transportation service provider’s                       trading partners.                                     estimates for this Final Rule are for one-
                                             operational capacity, total scheduled                      36. Our regulations provide that                   time implementation of the information
                                             quantity, and operationally available                   copies of the NAESB standards                         collection requirements of this Final
                                             capacity.                                               incorporated by reference may be                      Rule (including tariff filing,
                                                • The Unsubscribed Capacity related                  obtained from NAESB, whose offices are                documentation of the process and
                                             standards define requirements of the                    located at 801 Travis Street, Suite 1675,             procedures, and IT work), and ongoing
                                             transportation service provider related                 Houston, TX 77002, Phone: (713) 356–                  burden.
                                             to reporting and requesting a                           0060. NAESB’s website can be accessed
                                                                                                     at https://www.naesb.org//. Copies of                   39. The Commission solicited
                                             transportation service provider’s                                                                             comments from the public on the
                                             available unsubscribed capacity.                        the NAESB standards may be inspected
                                                                                                     at the Federal Energy Regulatory                      Commission’s need for this information,
                                                • The Location Data Download                                                                               whether the information will have
                                                                                                     Commission, Public Reference and Files
                                             related standards define requirements                                                                         practical utility, the accuracy of the
                                                                                                     Maintenance Branch, 888 First Street
                                             for the use of codes assigned by the                                                                          burden estimates, recommendations to
                                                                                                     NE, Washington, DC 20426, Phone:
                                             transportation service provider for                                                                           enhance the quality, utility, and clarity
                                                                                                     (202) 502–8371, http://www.ferc.gov.24
                                             locations and common codes for parties                                                                        of the information to be collected, and
                                                                                                        37. NAESB is a private, consensus
                                             communicating electronically.                                                                                 any suggested methods for minimizing
                                                                                                     standards developer that develops
                                                30. The WGQ Nominations Related                      voluntary wholesale and retail                        respondents’ burden, including the use
                                             Business Practice Standards define the                  standards related to the energy industry.             of automated information techniques.
                                             process by which a natural gas service                  The procedures utilized by NAESB                      No comments were filed raising any
                                             requester with a natural gas                            make its standards reasonably available               objections to the burden estimate
                                             transportation contract nominates (or                   to those affected by the Commission                   presented in the Version 3.1 NOPR.
                                             requests) service from a pipeline or a                  regulations.25 Participants can join                  Accordingly, we will use that same
                                             transportation service provider for the                 NAESB, for an annual membership cost                  burden estimate in this Final Rule.
                                             delivery of natural gas.                                of $7,000, which entitles them to full                  40. The collections of information
                                                31. The WGQ Flowing Gas Related                      participation in NAESB and enables                    related to this Final Rule fall under
                                             Business Practice Standards define the                  them to obtain these standards at no                  FERC–545B (Gas Pipeline Rates: Rate
                                             business processes related to the                       additional cost.26 Non-members may                    Change (Non-Formal)) 31 and FERC–
                                             communication of entitlement rights of                  obtain the Individual Standards Manual                549C (Standards for Business Practices
                                             flowing gas at a location, of the                       or Booklet for each of the seven manuals              of Interstate Natural Gas Pipelines).32
                                             entitlement rights on a contractual basis,              or booklets by email for $250 per                     The following estimates of reporting
                                             of the management of imbalances, and                    manual or booklet, which in the case of               burden are related only to this Final
                                             of the measurement and gas quality                      these standards would total $1,750.27                 Rule and include the costs to pipelines
                                             information of the actual flow of gas.                  Non-members also may obtain the                       to comply with the Commission’s
                                                32. The Invoicing Related Business                   complete set of Business Practice                     directives in this Final Rule. The burden
                                             Practice Standards define the process                   Standards on USB flash drive for                      estimates are primarily related to start-
                                             for the communication of charges for                    $2,000. NAESB also provides a free                    up to implement these standards and
                                             services rendered (Invoice),                            electronic read-only version of the                   regulations and will not result in
                                             communication of details about funds                    standards for a three business day                    ongoing costs.
                                             rendered in payment for services                        period or, in the case of a regulatory
                                             rendered (Payment Remittance), and                                                                               28 Procedures for non-members to evaluate work
                                             communication of the financial status of                  24 18 CFR 284.12.                                   products before purchasing are available at https://
                                             a customer’s account (Statement of                        25 As a private, consensus standards developer,     www.naesb.org/misc/NAESB_Nonmember_
                                             Account).                                               NAESB needs the funds obtained from its               Evaluation.pdf. See Incorporation by Reference, 79
                                                                                                     membership fees and sales of its Individual           FR at 66271, n.51 & 53 (Nov. 7, 2014) (citing to
                                                33. The Quadrant Electronic Delivery                                                                       NAESB’s procedure of providing ‘‘no-cost, no-print
                                                                                                     Standards Manual or Booklet to finance the
                                             Mechanism Related Business Practice                     organization. The parties affected by these           electronic access,’’ NAESB Comment, at 1, available
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                                             Standards define the framework for the                  Commission regulations generally are highly           at http://www.regulations.gov/#!document
                                             electronic dissemination and                            sophisticated and have the means to acquire the       Detail;D=OFR-2013-0001-0023).
                                                                                                                                                              29 44 U.S.C. 3507(d).
                                             communication of information between                    information they need to effectively participate in
                                                                                                     Commission proceedings.                                  30 5 CFR 1320.
                                             parties in the North American wholesale                   26 NAESB Membership Application, https://              31 FERC–545B covers rate change filings made by
                                             gas marketplace for Electronic Data                     www.naesb.org/pdf4/naesbapp.pdf.                      natural gas pipelines, including tariff changes.
                                             Interchange (EDI)/EDM transfers, batch                    27 NAESB Materials Order Form, https://                32 FERC–549C covers Standards for Business

                                             flat file/EDM transfers, informational                  www.naesb.org/pdf/ordrform.pdf.                       Practices of Interstate Natural Gas Pipelines.



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                                                                 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations                                                                                 62247

                                                                                                                      RM96–1–041 FINAL RULE
                                                                                                    [Standards for business practices of interstate natural gas pipelines]

                                                                                                                    Annual                                                                                                     Annual costs
                                                                                                                    number                                                                           Total annual burden
                                                                                       Number of                 of responses              Total number           Average burden                     hours & total annual
                                                                                                                                                                                                                                    per
                                                                                     respondents 33              per respond-              of responses           hr. per response                          cost 34
                                                                                                                                                                                                                                respondent
                                                                                                                                                                                                                                    ($)
                                                                                                                      ent

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

                                             FERC–545B (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                                    These information collections are                                    business practice standards. The
                                             FERC–545B and FERC–549C) will be                                       mandatory requirements.                                              package of standards also includes
                                             averaged over three years:                                                Title: FERC–545B,35 Gas Pipeline                                  minor corrections.
                                             FERC–545B: 1,650 hours ÷ 3 = 550                                       Rates: Rates Change (Non-Formal);                                       The implementation of these data
                                               hours/year over three years                                          FERC–549C, Standards for Business                                    requirements will provide additional
                                             FERC–549C: 3,630 hours ÷ 3 = 1,210                                     Practices of Interstate Natural Gas                                  transparency to informational posting
                                               hours/year over three years                                          Pipelines.                                                           websites and will improve
                                                                                                                       Action: Proposed information                                      communication standards. The
                                               The number of responses is also                                      collections.                                                         implementation of these standards and
                                             averaged over three years (for both the                                   OMB Control Nos.: TBD (FERC–545B),                                regulations will promote the additional
                                             FERC–545 and FERC–549C):                                               1902–0174 (FERC–549C).                                               efficiency and reliability of the natural
                                             FERC–545B: 165 responses ÷ 3 = 55                                         Respondents: Business or other for                                gas industries’ operations thereby
                                               responses/year                                                       profit (e.g., Natural Gas Pipelines,                                 helping the Commission to carry out its
                                             FERC–549C: 165 responses ÷ 3 = 55                                      applicable to only a few small                                       responsibilities under the NGA. In
                                               responses/year                                                       businesses).                                                         addition, the Commission’s Office of
                                               The responses and burden for Years                                      Frequency of Responses: One-time                                  Enforcement will use the data for
                                             1–3 will total respectively as follows:                                implementation (related to business                                  general industry oversight.
                                                                                                                    procedures, capital/start-up).                                          Internal Review: The Commission has
                                             Year 1: 55 responses; 550 hours (FERC–                                    Necessity of Information: The
                                               545B); 1,210 hours (FERC–549C)                                                                                                            reviewed the business practice
                                                                                                                    Commission has determined that the                                   standards of natural gas pipelines
                                             Year 2: 55 responses; 550 hours (FERC–                                 revisions the Commission makes in this                               adopted by NAESB and has determined
                                               545B); 1,210 hours (FERC–549C)                                       Final Rule to its regulations specifically                           that the revisions the Commission
                                             Year 3: 55 responses; 550 hours (FERC–                                 will upgrade the business practices and                              makes in this Final Rule to its
                                               545B); 1,210 hours (FERC–549C)                                       communication standards of natural gas                               regulations are necessary to provide
                                               41. OMB regulations require OMB to                                   pipelines by (1) updating the                                        additional transparency to informational
                                             approve certain information collection                                 Nominations Related Standards to                                     posting websites and promote the
                                             requirements imposed by agency rule.                                   standardize a rounding process for the                               additional efficiency and reliability of
                                             The Commission is submitting                                           elapsed-prorated-scheduled quantity                                  the natural gas industry’s operations.
                                             notification of this Final Rule to OMB.                                calculation, and dictate that the                                    These requirements conform to the
                                                                                                                    ‘‘Service Requester Contract’’ data                                  Commission’s plan for efficient
                                                33 The number of respondents is the number of                       element signify business conditional                                 information collection, communication,
                                             entities in which a change in burden from the                          nominations, rather than mandatory                                   and management within the natural gas
                                             current standards to the proposed exists, not the                      nominations, (2) updating the WGQ
                                             total number of entities from the current or                                                                                                pipeline industry. The Commission has
                                             proposed standards that are applicable.
                                                                                                                    EDM Related Standards to make three                                  assured itself, by means of its internal
                                                34 The estimated hourly cost (salary plus benefits)                 minor revisions designed to add clarity,                             review, that there is specific, objective
                                             provided in this section is based on the salary                        update the minimum technical                                         support for the burden estimates
                                             figures for May 2017 posted by the Bureau of Labor                     characteristics to account for changes in                            associated with the information
                                             Statistics for the Utilities sector (Bureau of Labor                   technology since the previous version
                                             Statistics, May 2017 National Industry-Specific                                                                                             requirements. Interested persons may
                                             Occupational Employment and Wage Estimates                             (Version 3.0) of the WGQ standards, and                              obtain information on the reporting
                                             (May 2017), http://www.bls.gov/oes/current/naics2_                     update the minimum and suggested                                     requirements by contacting the
                                             22.htm#13-0000) and scaled to reflect benefits using                   operating systems and web browsers                                   following: Federal Energy Regulatory
                                             the relative importance of employer costs in                           that entities should support, and (3)
                                             employee compensation from May 2017 (Bureau of                                                                                              Commission, 888 First Street NE,
                                                                                                                    revising the NAESB WGQ data sets or
                                             Labor Statistics, May 2017 National Industry-                                                                                               Washington, DC 20426 [Attention: Ellen
                                             Specific Occupational Employment and Wage                              other technical implementation
                                                                                                                                                                                         Brown, Office of the Executive Director],
                                             Estimates (May 2017), https://www.bls.gov/oes/                         documentation while not resulting in
                                             current/naics2_22.htm). The hourly estimates for                                                                                            email: DataClearance@ferc.gov, phone:
                                                                                                                    modifications to the underlying
                                             salary plus benefits are:                                                                                                                   (202) 502–8663, fax: (202) 273–0873.
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                                                Computer and Information Systems Manager                              35 In the supporting statement for the NOPR, we
                                                                                                                                                                                            42. Comments concerning the
                                             (Occupation Code: 11–3021), $96.51
                                                                                                                    submitted Gas Pipeline Rates: Rate Changes (Non-                     collection of information(s) and the
                                                Electrical Engineer (Occupation Code: 17–2071),                     Formal) under the temporary information collection                   associated burden estimate(s) should be
                                             $66.90                                                                 FERC–545B to ensure timely submission to OMB as                      sent to the contact listed above and to
                                                Legal (Occupation Code: 23–0000), $143.68                           another unrelated item was pending OMB review
                                                The average hourly cost (salary plus benefits),                     under FERC–545 (and only one item per collection
                                                                                                                                                                                         OMB, Office of Information and
                                             weighting all of these skill sets evenly, is $102.36.                  can be pending at OMB). FERC–545B will also be                       Regulatory Affairs, Washington, DC
                                             The Commission rounds it to $102/hour.                                 used for the Final Rule in Docket No. RM96–1–041.                    20503 [Attention: Desk Officer for the


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                                             62248            Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations

                                             Federal Energy Regulatory Commission,                    Commission estimates that the one-time                X. Effective Date and Congressional
                                             telephone: (202) 395–0710, fax: (202)                    implementation cost of the proposals in               Notification
                                             395–4718].                                               this Final Rule is $538,560 (or $3,264                  50. These regulations are effective
                                             VII. Environmental Analysis                              per entity, regardless of entity size).40             February 1, 2019. The Commission has
                                                                                                      The Commission does not consider the                  determined (with the concurrence of the
                                                43. The Commission concludes that                     estimated $3,264 impact per entity to be              Administrator of the Office of
                                             neither an Environmental Assessment                      significant. Moreover, these                          Information and Regulatory Affairs of
                                             nor an Environmental Impact Statement                    requirements are designed to benefit all              OMB) that this rule is not a ‘‘major rule’’
                                             is required for this Final Rule under                    customers, including small businesses                 as defined in section 351 of the Small
                                             § 380.4(a) of the Commission’s
                                                                                                      that must comply with them. Further, as               Business Regulatory Enforcement
                                             regulations, which provides a
                                                                                                      noted above, adoption of consensus                    Fairness Act of 1996. This Final Rule is
                                             categorical exemption for actions that
                                                                                                      standards helps ensure the                            being submitted to the Senate, House,
                                             are clarifying, corrective, or procedural,
                                                                                                      reasonableness of the standards by                    and Government Accountability Office.
                                             or that do not substantively change the
                                             effect of legislation or regulations being               requiring that the standards draw                     List of Subjects in 18 CFR Part 284
                                             amended, for information gathering,                      support from a broad spectrum of
                                                                                                      industry participants representing all                  Incorporation by reference, Natural
                                             analysis, and dissemination, or for the                                                                        gas, Reporting and recordkeeping
                                             sale, exchange, or transportation of                     segments of the industry. Because of
                                                                                                      that representation and the fact that                 requirements.
                                             natural gas under sections 4, 5, and 7 of
                                             the NGA that require no construction of                  industry conducts business under these                  By the Commission. Commissioner
                                                                                                      standards, the Commission’s regulations               McIntyre is not voting on this order.
                                             facilities.36 Therefore, an environmental
                                             review is unnecessary and has not been                   should reflect those standards that have                Issued: November 15, 2018.
                                             prepared as part of this Final Rule.                     the widest possible support.                          Nathaniel J. Davis, Sr.,
                                                                                                        46. Accordingly, pursuant to § 605(b)               Deputy Secretary.
                                             VIII. Regulatory Flexibility Act
                                                                                                      of the RFA,41 the regulations being                      In consideration of the foregoing, the
                                               44. The Regulatory Flexibility Act of                  promulgated herein should not have a                  Commission amends part 284, chapter I,
                                             1980 (RFA) 37 generally requires a                       significant economic impact on a                      title 18, Code of Federal Regulations, as
                                             description and analysis of final rules                  substantial number of small entities.                 follows:
                                             that will have significant economic
                                             impact on a substantial number of small                  IX. Document Availability                             PART 284—CERTAIN SALES AND
                                             entities. The Commission is not                                                                                TRANSPORTATION OF NATURAL GAS
                                             required to make such analysis if                           47. In addition to publishing the full             UNDER THE NATURAL GAS POLICY
                                             proposed regulations would not have                      text of this document in the Federal                  ACT OF 1978 AND RELATED
                                             such an effect.                                          Register, the Commission provides all                 AUTHORITIES
                                               45. As we stated in the WGQ Version                    interested persons an opportunity to
                                             3.1 NOPR, approximately 165 interstate                   view and/or print the contents of this                ■ 1. The authority citation for part 284
                                             natural gas pipelines, both large and                    document via the internet through                     continues to read as follows:
                                             small, are potential respondents subject                 FERC’s Home Page (http://                               Authority: 15 U.S.C. 717–717z, 3301–3432;
                                             to the requirements adopted by this                      www.ferc.gov) and in FERC’s Public                    42 U.S.C. 7101–7352; 43 U.S.C. 1331–1356.
                                             rule. Most of the natural gas pipelines                  Reference Room during normal business                 ■ 2. Section 284.12 is amended by:
                                             regulated by the Commission do not fall                  hours (8:30 a.m. to 5:00 p.m. Eastern                 ■ a. Revising paragraph (a)(1); and
                                             within the RFA’s definition of a small                   time) at 888 First Street NE, Room 2A,                ■ b. Removing from paragraph (a)(2) the
                                             entity,38 which is currently defined for                 Washington DC 20426.                                  phrase ‘‘http://www.archives.gov/
                                             natural gas pipelines as a company that,                    48. From FERC’s Home Page on the                   federal_register/code_of_federal_
                                             in combination with its affiliates, has                  internet, this information is available on            regulations/ibr_locations.html’’ and
                                             total annual receipts of $27.5 million or                eLibrary. The full text of this document              adding ‘‘www.archives.gov/federal-
                                             less.39 For the year 2018, only eleven                   is available on eLibrary in PDF and                   register/cfr/ibr-locations.html’’ in its
                                             companies not affiliated with larger                     Microsoft Word format for viewing,                    place.
                                             companies had annual revenues in                                                                                 The revision reads as follows:
                                                                                                      printing, and/or downloading. To access
                                             combination with its affiliates of $27.5
                                                                                                      this document in eLibrary, type the                   § 284.12 Standards for pipeline business
                                             million or less and therefore could be
                                                                                                      docket number excluding the last three                operations and communications.
                                             considered a small entity under the
                                                                                                      digits of this document in the docket                    (a) * * *
                                             RFA. This represents about seven
                                                                                                      number field.                                            (1) An interstate pipeline that
                                             percent of the total universe of potential
                                             respondents that may have a significant                     49. User assistance is available for               transports gas under subparts B or G of
                                             burden imposed on them. The                              eLibrary and the FERC’s website during                this part must comply with the business
                                                                                                      normal business hours from FERC                       practices and electronic
                                               36 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5),            Online Support at (202) 502–6652 (toll                communications standards as
                                             380.4(a)(27).                                            free at 1–866–208–3676) or email at                   promulgated by the North American
                                               37 5 U.S.C. 601–612.
                                                                                                      ferconlinesupport@ferc.gov, or the                    Energy Standards Board, as
                                               38 See 5 U.S.C. 601(3) citing section 3 of the Small
                                                                                                      Public Reference Room at (202) 502–                   incorporated herein by reference in
                                             Business Act (SBA), 15 U.S.C. 623. Section 3 of the
                                                                                                      8371, TTY (202)502–8659. Email the                    paragraphs (a)(1)(i) through (vii) of this
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                                             SBA defines a ‘‘small-business concern’’ as a
                                             business which is independently owned and                Public Reference Room at                              section.
                                             operated and which is not dominant in its field of       public.referenceroom@ferc.gov.                           (i) Additional Standards (Version 3.1,
                                             operation.                                                                                                     September 29, 2017);
                                               39 13 CFR 121.201 (Subsector 486-Pipeline
                                                                                                        40 This number is derived by dividing the total
                                                                                                                                                               (ii) Nominations Related Standards
                                             Transportation; North American Industry
                                             Classification System code 486210; Pipeline              cost figure by the number of respondents. $538,560/   (Version 3.1, September 29, 2017);
                                             Transportation of Natural Gas) (2018). ‘‘Annual          165 = $3,264.                                            (iii) Flowing Gas Related Standards
                                             Receipts’’ are total income plus cost of goods sold.       41 5 U.S.C. 605(b).                                 (Version 3.1, September 29, 2017);


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                                                              Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations                                              62249

                                               (iv) Invoicing Related Standards                      Federal Register for official use within              the Seminole Hard Rock Winterfest
                                             (Version 3.1, September 29, 2017);                      the DON. These internal procedures will               Holiday Boat Parade. During the
                                               (v) Quadrant Electronic Delivery                      continue to be available at https://                  enforcement period, all non-participant
                                             Mechanism Related Standards (Version                    doni.documentservices.dla.mil/                        persons and vessels will be prohibited
                                             3.1, September 29, 2017);                               Directives/05000%20General%20                         from entering, transiting, anchoring in,
                                               (vi) Capacity Release Related                         Management%20Security%20                              or remaining within the regulated area
                                             Standards (Version 3.1, September 29,                   and%20Safety%20Services/05-                           unless authorized by the Captain of the
                                             2017); and                                              700%20General%20External%                             Port Miami or a designated
                                               (vii) internet Electronic Transport                   20and%20Internal%20Relations%                         representative. The operator of any
                                             Related Standards (Version 3.1,                         20Services/5720.45C.pdf.                              vessel in the regulated area must
                                             September 29, 2017).                                       This rule is not significant under                 comply with instructions from the Coast
                                             *     *     *     *     *                               Executive Order (E.O.) 12866,                         Guard or designated representative.
                                             [FR Doc. 2018–26158 Filed 11–30–18; 8:45 am]            ‘‘Regulatory Planning and Review,’’
                                                                                                     therefor, E.O. 13771, ‘‘Reducing                      DATES: The regulation in 33 CFR
                                             BILLING CODE 6717–01–P
                                                                                                     Regulation and Controlling Regulatory                 100.701, Table to § 100.701, Line 14 will
                                                                                                     Costs’’ does not apply.                               be enforced on December 15, 2018 from
                                                                                                                                                           2:00 p.m. through 11:30 p.m.
                                             DEPARTMENT OF DEFENSE                                   List of Subjects in 32 CFR Part 701
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:     If
                                             Department of the Navy                                    Administrative practice and                         you have questions about this notice of
                                                                                                     procedure, Freedom of Information,                    enforcement, call or email Petty Officer
                                             32 CFR Part 701                                         Privacy.                                              Mara J. Brown, Sector Miami Waterways
                                                                                                       Accordingly, 32 CFR part 701 is                     Management Division, U.S. Coast
                                             [Docket ID: USN–2018–HQ–0012]                           amended as follows:                                   Guard: Telephone: 305–535–4317,
                                             RIN 0703–AB02                                                                                                 Email: Mara.J.Brown@uscg.mil.
                                                                                                     PART 701—AVAILABILITY OF
                                             Indexing, Public Inspection, and                        DEPARTMENT OF THE NAVY                                SUPPLEMENTARY INFORMATION:       The Coast
                                             Federal Register Publication of                         RECORDS AND PUBLICATION OF                            Guard will enforce a special local
                                             Department of Navy Directives and                       DEPARTMENT OF THE NAVY                                regulation for the Seminole Hard Rock
                                             Other Documents Affecting the Public                    DOCUMENTS AFFECTING THE                               Winterfest Holiday Boat Parade
                                                                                                     PUBLIC                                                published in 33 CFR 100.701, Table to
                                             AGENCY:  Department of the Navy,                                                                              § 100.701, Line 14 on December 15,
                                             Department of Defense.                                  ■ 1. The authority citation for part 701              2018 from 2:00 p.m. through 11:30 p.m.
                                             ACTION: Final rule.                                     continues to read as follows:                         This action is being taken to provide for
                                                                                                         Authority: 5 U.S.C. 552.                          the safety and security of navigable
                                             SUMMARY:   This final rule amends the                                                                         waterways during this one-day event.
                                             CFR by removing a subpart that                          Subpart E—[Removed and Reserved]                      Our regulation for marine events within
                                             delineates internal responsibilities                                                                          the Seventh Coast Guard District,
                                             regarding indexing, public inspection,                  ■ 2. Subpart E, consisting of §§ 701.61               § 100.701, specifies the location of the
                                             and Federal Register publication of                     through 701.67, is removed and                        special local regulation for the Seminole
                                             Department of the Navy (DON)                            reserved.                                             Hard Rock Winterfest Holiday Boat
                                             directives and other documents                                                                                Parade, which encompasses a moving
                                                                                                     M.S. Werner,
                                             affecting the public. It has been                                                                             buffer zone of 50 yards around the
                                             determined that this subpart is no                      Commander, Judge Advocate General’s Corps,
                                                                                                     U.S. Navy, Federal Register Liaison Officer.          parade as it travels along the New River
                                             longer required, as the procedures                                                                            and Intracoastal Waterway in Ft.
                                                                                                     [FR Doc. 2018–26134 Filed 11–30–18; 8:45 am]
                                             outlined in it are internal to the DON.                                                                       Lauderdale, FL. Only event sponsor
                                                                                                     BILLING CODE 3810–FF–P
                                             DATES: This rule is effective on                                                                              designated participants and official
                                             December 3, 2018.                                                                                             patrol vessels will be allowed to enter
                                             FOR FURTHER INFORMATION CONTACT:                                                                              the regulated area. Spectators may
                                                                                                     DEPARTMENT OF HOMELAND                                contact the Coast Guard Patrol
                                             Helena Gilbert at 703–693–9932.
                                                                                                     SECURITY                                              Commander to request permission to
                                             SUPPLEMENTARY INFORMATION: It has been
                                             determined that publication of this rule                Coast Guard                                           pass through the regulated area. If
                                             in the Federal Register for public                                                                            permission is granted, spectators must
                                             comment is impracticable, unnecessary,                  33 CFR Part 100                                       pass directly through the regulated area
                                             and contrary to public interest since it                                                                      at a safe speed without loitering.
                                             is based on removing policies and                       [Docket No. USCG–2018–0540]
                                                                                                                                                              In addition to this notice of
                                             procedures that are solely internal to the                                                                    enforcement in the Federal Register, the
                                                                                                     Special Local Regulation: Seminole
                                             DON. Specifically, the subpart this rule                                                                      Coast Guard will inform the public
                                                                                                     Hard Rock Winterfest Holiday Boat
                                             is removing prescribes internal                                                                               through Local Notice to Mariners and
                                                                                                     Parade
                                             instructions for making available for                                                                         marine information broadcasts at least
                                             public inspection, and copying, certain                 AGENCY:  Coast Guard, DHS.                            24 hours in advance of the enforcement
                                             classes of documents; maintaining                       ACTION: Notice of enforcement of                      of the special local regulation.
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                                             current indexes of documents, and                       regulation.                                             Dated: November 27, 2018.
                                             publishing such indexes or making
                                             them available by other means;                          SUMMARY:   The Coast Guard will enforce               M.M. Dean,
                                             receiving and considering petitions of                  a special local regulation on December                Captain, U.S. Coast Guard, Captain of the
                                             members of the public for the issuance,                 15, 2018 from 2:00 p.m. through 11:30                 Port Miami.
                                             revision, or cancellation of documents                  p.m. to provide for the safety and                    [FR Doc. 2018–26098 Filed 11–30–18; 8:45 am]
                                             of some classes; and, distributing the                  security of navigable waterways during                BILLING CODE 9110–04–P




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Document Created: 2018-12-01 00:57:02
Document Modified: 2018-12-01 00:57:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will become effective February 1, 2019. Compliance filings required by this rule are due on April 1, 2019 and compliance with the standards incorporated in this rule is required on and after August 1, 2019. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of February 1, 2019.
ContactStanley Wolf (technical issues), Office of Energy Policy and Innovation, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 502-6841, [email protected]
FR Citation83 FR 62242 
CFR AssociatedIncorporation by Reference; Natural Gas and Reporting and Recordkeeping Requirements

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