[Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
[Proposed Rules]
[Pages 57081-57085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28545]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 3, 341, 342, 343, 346, 357, 362 and 385
[Docket No. RM99-1-000]
Revisions to Oil Pipeline Regulations
October 20, 1998.
AGENCY: Federal Energy Regulatory Commission. DOE.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
proposing to revise its regulations governing oil pipelines. The goals
of these proposed revisions are to clarify the Commission's regulations
and bring them up to date.
DATES: Comments are due November 25, 1998.
ADDRESSES: Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, D.C. 20426.
FOR FURTHER INFORMATION CONTACT: Travis R. Smith, Office of the General
Counsel, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 208-0696.
SUPPLEMENTARY INFORMATION: In addition to publishing the full text of
this document in the Federal Register, the Commission also provides all
interested persons an opportunity to inspect or copy the contents of
this document during normal business hours in the Public Reference Room
at 888 First Street, NE., Room 2A, Washington, DC 20426.
The Commission Issuance Posting System (CIPS) provides access to
the texts of formal documents issued by the Commission. CIPS can be
accessed via Internet through FERC's Homepage (http://www.ferc.fed.us)
using the CIPS Link or the Energy Information Online icon. The full
text of this document will be available on CIPS in ASCII and
WordPerfect 6.1 format. CIPS is also available through the Commission's
electronic bulletin board service at no charge to the user and may be
accessed using a personal computer with a modem by dialing 202-208-
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To access CIPS, set your communications software to 19200, 14400,
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data bits and 1 stop bit. User assistance is available at 202-208-2474
or by E-mail to [email protected]
This document is also available through the Commission's Records
and Information Management System (RIMS), an electronic storage and
retrieval system of documents submitted to and issued by the Commission
after November 16, 1981. Documents from November 1995 to the present
can be viewed and printed. RIMS is available in the Public Reference
Room or remotely via Internet through FERC's Homepage using the RIMS
link or the Energy Information Online icon. User assistance is
available at 202-208-2222, or by E-mail to [email protected]
Finally, the complete text on diskette in WordPerfect format may be
purchased from the Commission's copy contractor, RVJ International,
Inc. RVJ International, Inc., is located in the Public Reference Room
at 888 First Street, NE., Washington, DC 20426.
The Federal Energy Regulatory Commission (Commission) has reviewed
its regulations governing oil pipelines and has determined that various
provisions are either outdated or in conflict with other oil pipeline
regulations. Accordingly, the Commission is proposing to revise 18 CFR
parts 341, 342, 343, and 346 to remove these provisions. The Commission
is also proposing to revise 18 CFR parts 3, 357, 362, and 385. The
goals of these proposed revisions are to clarify the Commission's
regulations and bring them up to date.
I. Background
Jurisdiction over oil pipelines, as it relates to the establishment
of rates or charges for the transportation of oil by pipeline or to the
establishment of valuations for pipelines, was transferred from the
Interstate Commerce Commission (ICC) to the Commission pursuant to
sections 306 and 402 of the Department of Energy Organization Act (DOE
Act).1 At the time the DOE Act transferred jurisdiction over
oil pipeline rates to the Commission, the regulations governing oil
pipelines were located in the ICC's regulations at Title 49 of the Code
of Federal Regulations (CFR). Initially, the Commission ordered that
the regulations concerning oil pipelines remain in effect until
modified by the Commission. In Order No. 119,2 the
Commission started transferring some of the ICC's oil pipeline
regulations from Title 49 of the Code of Federal Regulations to the
Commission's regulations in Title 18. parts 357 3 and 362
4 were among some of the Commission's current regulations
that were adopted from this initial transfer. In Order No.
225,5 the Commission adopted the ICC's rules pertaining to
paper hearings called the ``modified procedure,'' currently codified at
18 CFR sections 385.1404 through 385.1414, and to ex parte
communications, presently located at 18 CFR 385.1415, from 49 CFR part
1100. Also, pursuant to Order No. 225, the Commission moved all of its
Rules of Practice and Procedure from 18 CFR part 1 to 18 CFR part 385.
Notwithstanding some limited revisions, most of the provisions in parts
357, 362, and 385 are the same as they were in Title 49.
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\1\ Department of Energy Organization Act, 42 U.S.C. 7155 and
7172(b) (1988).
\2\ Regulation of Interstate Oil Pipelines, Order No. 119, 46 FR
9043 (January 28, 1981), FERC Stats. & Regs. (Regulations Preambles,
1977-1981) para. 30,226 (May 5, 1981).
\3\ Part 357 addresses the annual special or periodic reports
that carriers subject to Part I of the Interstate Commerce Act are
required to file.
\4\ Part 362 sets forth the various requirements for valuation.
\5\ Revisions of Rules of Practice and Procedure to Expedite
Trial-Type Hearings, Order No. 225, 47 FR 19014 (May 3, 1982), FERC
Stats. & Regs. (Regulations Preambles, 1982-1985) para. 30,358
(January 18, 1983).
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The Energy Policy Act of 1992 (Act of 1992) required the Commission
to promulgate new regulations to provide a simplified and generally
applicable ratemaking methodology for oil pipelines, and to streamline
its procedures in oil pipeline proceedings.6
[[Page 57082]]
Pursuant to Congress' directive in the Act of 1992, the Commission
issued Order No. 561 7 and two companion rulemakings, Order
Nos. 571 8 and 572.9 In Order No. 561, the
Commission established a simplified and generally applicable way for
oil pipelines to change their rates and also provided alternatives to
this methodology. In Order No. 571, the Commission addressed a cost-of-
service rate filing alternative for oil pipelines. In Order No. 572,
the Commission addressed market-based rates for oil pipelines. These
rulemakings also included new rate filing requirements and procedural
reforms to reflect the new ratemaking methodologies, and streamlined
the Commission's internal processes for oil pipelines.
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\6\ The Energy Policy Act of 1992 (Act of 1992) contemplated two
rulemakings--one on ratemaking methodology and another on
streamlined procedures--and established separate deadlines for their
completion. Energy Policy Act of 1992 Pub. L. 102-46, Title XVIII,
1801 to 1804, 106 Stat. 2776, 3010-3011 (codified as 42 U.S.C.A.
7172 note (West Supp. 1995)).
\7\ Revisions to Oil Pipeline Regulations pursuant to Energy
Policy Act of 1992, Order No. 561, 58 FR 58753 (November 4, 1993),
FERC Stats. & Regs. (Regulations Preambles, 1991-1996) para. 30,985
(October 22, 1993), order on rehearing and clarification, Order No.
561-A, 59 FR 40243 (August 8, 1994) FERC Stats. & Regs. (Regulations
Preambles, 1991-1996) para. 31,000 (July 28, 1994).
\8\ Cost-of-Service Reporting and Filing Requirements for Oil
Pipelines, Order No. 571, 59 FR 59137 (November 16, 1994) FERC
Stats. & Regs. (Regulations Preambles, 1991-1996) para. 31,006
(October 28, 1994), order on hearing and clarification, Order No.
571-A, 60 FR 356 (January 4, 1995) FERC Stats. & Regs. (Regulations
Preambles, 1991-1996) para. 31,012 (December 28, 1994).
\9\ Market-Based Ratemaking for Oil Pipelines, Order No. 572, 59
FR 59148 (November 16, 1994), FERC Stats. & Regs. (Regulations
Preambles, 1991-1996) para. 31,007 (October 28, 1994), order denying
rehearing, Order No. 572-A, 69 FERC para. 61,412 (December 28,
1994).
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At the time the Commission adopted changes to its ratemaking
methodologies and procedural requirements, it intended that its new
regulations would supersede existing procedural rules that were in
conflict and do away with those that were no longer necessary, such as
those describing the modified procedure. The final rules, however, did
not take steps to remove these outdated regulations. As a result, the
current Commission regulations governing oil pipelines include both
recent provisions adopted or modified pursuant to the Act of 1992 and
conflicting regulations adopted from the ICC which have been superseded
and thus are inconsistent. Consequently, the Commission is proposing to
revise 18 CFR parts 341, 342, 343, and 346 to remove outdated and
conflicting regulations. The Commission is also proposing to revise 18
CFR parts 3, 357, 362, and 385 to conform them to the other proposed
changes.
II. Public Reporting Burden
The Commission believes that there will be no impact on the public
reporting burden from the elimination of outdated and nonessential
regulations, and the related modification of other regulations. Because
the regulations being removed are outdated, they effectively ceased
being a reporting burden years ago. As for the regulations being
modified, they are simply clarifying, not augmenting, reporting
requirements.
III. Discussion
A. Part 341
Part 341 relates to the requirements for preparing, filing, and
withdrawing oil pipeline tariffs. Section 341.6(3) pertains to the
rules for partial adoption by a carrier of another carrier's tariffs.
The Commission proposes to amend this section by removing duplicative
language from the provision which now requires a carrier to state the
effective date of an adoption notice twice in a tariff supplement
required to be filed with the Commission.
Section 341.7 addresses the requirements for concurrences. The
Commission is proposing a modification of this section to specify the
information that should be included in letters of transmittal
accompanying the filing of a tariff publication containing a joint
carrier. Under the proposed revision, letters of transmittal would be
required to include the address, phone number, and contact for each
joint carrier listed in the tariff publication. This is information
that the Commission, as a routine matter, has required carriers to
submit. Including it as part of the regulations will inform carriers
that such information must be included with their filings and make it
unnecessary for carriers to supplement their filings later.
B. Part 342
Part 342 pertains to the methods that may be used to establish
initial rates, or change existing rates. To be more specific,
Sec. 342.3 discusses rate changes under the indexing methodology.
Section 342.3(b)(1) currently provides:
Carriers must specify in their letters of transmittal required
in Sec. 341.2(c) of this chapter the rate schedule to be changed,
the proposed new rate, the prior rate, and the applicable ceiling
level for the movement. No other rate information is required to
accompany the proposed rate change.
Under the proposed revisions in this Notice of Proposed Rulemaking
(NOPR), this section would require carriers filing for rate changes to
also include the prior rate ceiling level, in addition to the other
information specified, in their letters of transmittal. It is the
Commission's position that including the prior ceiling level will
provide necessary information for the calculation of the index ceiling
levels.
Section 342.3(b)(2) addresses the information required to be filed
by carriers with their initial rate changes. It currently reads as
follows:
On March 31, 1995, or concurrently with its first indexed rate
change filing made on or after January 1, 1995, whichever first
occurs, carriers must file a verified copy of a schedule for
calendar years 1993 and 1994 containing the information required by
page 700 of the 1995 edition of FERC Form No. 6. If actual data are
not available for calendar year 1994 when the rate change filing is
made, the information for calendar year 1994 must be comprised of
the most recently available actual data annualized for the year
1994. A schedule containing the information comprised of actual data
for calendar year 1994 must be filed not later than March 31, 1995.
Thereafter, carriers must file page 700 as a part of their annual
Form No. 6 filing.
This section directs carriers to file schedules containing the
information required by page 700 of the 1995 edition of FERC Form No.
6. on March 31, 1995, or concomitantly with its first indexed rate
change filing made on or after January 1, 1995, whichever occurs first.
Because the one-time need for the requirements of this section has
passed, the Commission proposes to delete it in its entirety.
Section 342.3(d)(3) states that a carrier must compute its ceiling
level each index year without regard to the rates filed pursuant to
this section. In Kaneb and subsequent proceedings,10 the
Commission explained that because there are numerous pipelines that
file rates measured in hundredths of a cent, all ceiling level
calculations for all pipelines should be rounded 11 to the
nearest hundredth of a cent, i.e., to two decimal places. As this
explanation applies to all calculations by all carriers under
Sec. 342.3, the Commission proposes to add this explanation to the
regulations to assist carriers in making accurate and complete filings.
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\10\ Kaneb Pipeline Operating Partnership, L.P., 71 FERC para.
61,409 (1995).
\11\ If the third decimal place number is five or more, the
second decimal number should be rounded up; if the third decimal
place number is four or less, the second decimal place number should
be rounded down. Kaneb Pipeline. 71 FERC para. 61,409 (1995), at p.
62,617. n.6.
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C. Part 343
Part 343 discusses procedural matters related to oil pipeline
proceedings under part 342. Section 343.2 describes
[[Page 57083]]
the requirements for filing interventions, protests, and complaints.
The Commission is proposing to correct Sec. 343.2(c)(4) so that it
references paragraphs (c)(1), (2), or (3) within the section, rather
than paragraphs (b)(1), (2), or (3) as at present.
D. Part 346
Part 346 sets forth the filing requirements for oil pipelines that
seek to establish cost-of-service rates as permitted under part 342.
Section 346.2(c)(7) states in part: ``If the presently effective rates
are not at the maximum ceiling rate established under Sec. 342.4(a) of
this chapter, then gross revenues must also be computed and set forth
as if the ceiling rates were effective for the 12 month period.'' Under
the proposed revisions in this NOPR, Sec. 346.2(c)(7) would be revised
to correctly reference Sec. 342.3, which is the section that sets forth
the indexing methodology, rather than Sec. 342.4(a), which describes
cost-of-service rates.
E. Part 357
Part 357 concerns the annual special or periodic reports that
carriers subject to Part I of the Interstate Commerce Act are required
to file. Sec. 357.3(a), (b), and (c) discuss the filing requirements
for FERC Form No. 73. In Order No. 561, the Commission stated that it
would be the oil pipeline carriers' responsibility in the future to
perform depreciation studies to establish revised depreciation rates
for oil pipelines. The specific requirements for such studies were
adopted as part 347 of the Commission's regulations in Order No. 571.
Section 347.1(e)(5)(x) provides that a carrier must submit a Service
Life Data Form (FERC Form No. 73) if the proposed depreciation rate
adjustment is based on the remaining physical life of the properties.
The Commission is proposing that Sec. 357.3(a) and (b), which address
who must file FERC Form No. 73 and when the form must be submitted, be
revised to include filings under Sec. 347.1(e)(5)(x). The Commission
also proposes to revise Sec. 357.3(c) to update its mailing address.
F. Part 362
Part 362 sets forth the various requirements for valuation. Part
362 came into being as a result of Order No. 119,12 which
transferred the ICC's valuation section, in addition to several other
sections pertaining to oil pipelines, from its regulations located at
Title 49 of the Code of Federal Regulations to the Commission's
regulations at Title 18. In Opinion No. 154,13 the
Commission intimated that it was considering abandoning the traditional
ICC valuation formula; however, the Commission ultimately retained the
valuation methodology. To the contrary, in Opinion No. 154-
B,14 the Commission adopted a methodology that is currently
used in many oil pipeline rate cases. This new methodology is
predicated on a trended original cost (TOC) rate base and it does not
follow the ICC's historic valuation rate base. Because Opinion No. 154-
B rejects the valuation rate base methodology and thus eliminates the
need for any valuation of oil pipelines, the filing of valuation
reports as now required by part 362 is no longer necessary. As a
result, the Commission is proposing to remove part 362 in its entirety
from its regulations. Order No. 561 removed parts 360 and 361
pertaining to reporting of data for valuation purposes. The proposal
here would complete the task of removing unnecessary valuation
regulations.
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\12\ Regulation of Interstate Oil Pipelines, Order No. 119, 46
FR 9043 (January 28, 1981), FERC Stats. & Regs. (Regulations
Preambles, 1977-1981) para. 30,226 (May 5, 1981).
\13\ Farmers Union Central Exchange, Inc. v. FERC, 734 F.2d 1486
(D.C. Cir. 1984), cert. denied sub nom., Williams Pipeline Company
v. Farmers Union Central Exchange, Inc., 105 S.Ct. 507 (1984). The
Commissions's opinion appears at 21 FERC para. 61,260 (1982),
rehearing denied, 21 FERC para. 61,086 (1983).
\14\ Williams Pipeline Company, 31 FERC para. 61,377 (1985).
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G. Part 385
Part 385 governs the Commission's rules of practice and procedure.
Section 385.101(b)(3) excepts ICC rules from Part 385 in cases where
regulations in the Commission's Rules of Practice and Procedure are
inconsistent with ICC rules that were not replaced by a Commission rule
or order. Because the Commission has promulgated and codified its own
rules governing oil pipelines, this section has become unnecessary;
therefore, the Commission proposes to remove this section from its
Rules of Practice and Procedure. Section 385.102(a), which defines
``decisional authority'' refers to authority or responsibility under
``49 CFR Chapter X.'' As this is a reference to ICC regulations which
have been replaced, the Commission proposes the removal of this
section.
Section 385.1403 discusses the filing requirements for protests to
tariff filings. This section is inconsistent with, and has been
superseded by, Sec. 343.3, which was adopted in Order No. 561.
Accordingly, the Commission proposes to delete Sec. 385.1403 from the
Commission's rules of practice and procedure.
Penultimately, Secs. 385.1405 through 385.1414 set out the modified
procedure rules for oil pipeline proceedings. Specifically, the
Commission can order a proceeding to be heard under a modified
procedure if it appears that substantially all important issues of fact
may be resolved by means of written materials without an oral hearing.
These rules were adopted from the ICC's procedural regulations, 49 CFR
part 1100, pursuant to Order No. 225.15 The regulations
concerning the modified procedure have been superseded by, and are in
conflict with, procedures and filing requirements in parts 342, 343,
346, and 347 adopted in Order Nos. 561, 571, and 572. The Commission
will continue to use paper hearing procedures in individual cases where
warranted. These procedures, however, are not used frequently enough to
warrant continuing to include them in the regulations. Consequently,
the Commission proposes to remove these regulations from the rules of
practice and procedure. Since the Commission is proposing to remove the
modified procedure rules, this NOPR is also proposing to remove
Sec. 385.101(b)(4)(i) because it excepts Secs. 385.1404 through 1414
from Part 385.
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\15\ Revisions of Rules of Practice and Procedure to Expedite
Trial-Type Hearings, Order No. 225, 47 FR 19014 (May 3, 1982), FERC
Stats. & Regs. (Regulations Preambles, 1982-1985) ] 30,358 (January
18, 1983).
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Finally, some of the Commission's regulations still contain
references to the now defunct Oil Pipeline Board. Section 385.102, the
definitions section, contains Oil Pipeline Board references in
paragraphs (a) and (e)(2). Part 3 pertains to organization, operation,
information and requests. Section 385.502(a)(3), rules concerning the
initiation of a hearing, contains an Oil Pipeline Board reference.
Section 385.1902, rules for appealing staff action, also makes
reference to the Oil Pipeline Board. Due to the fact that the
Commission abolished the Oil Pipeline Board in Order No. 561, the
Commission is proposing to revise the foregoing sections by removing
all references to the Oil Pipeline Board.
IV. Environmental Analysis
The Commission is required to prepare an Environmental Assessment
or an Environmental Impact Statement for any action that may have a
significant adverse effect on the human environment.16 The
Commission has categorically excluded certain actions
[[Page 57084]]
from these requirements as not having a significant effect on the human
environment.17 The action proposed here is procedural in
nature and therefore falls within the categorical exclusions provided
in the Commission's regulations.18 Therefore, neither an
Environmental Impact Statement nor an Environmental Assessment is
necessary and will not be prepared in this rulemaking.
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\16\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (December 17, 1987), FERC
Stats. & Regs. (Regulations Preambles, 1986-1990) para. 30,783
(1987).
\17\ 18 CFR 380.4 (1998).
\18\ 18 CFR 380.4(a)(2)(ii)(1998).
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V. Regulatory Flexibility Act Certification
The Regulatory Flexibility Act 19 generally requires the
Commission to describe the impact that a proposed rule would have on
small entities or to certify that the rule will not have a significant
economic impact on a substantial number of small entities. The
Commission certifies that promulgating this rule does not represent a
major federal action having a significant economic impact on a
substantial number of small entities. Therefore, no regulatory
flexibility analysis is required.
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\19\ 5 U.S.C. 601-612 (1988).
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VI. Information Collection Statement
Office of Management and Budget (OMB) regulations 20
require that OMB approve certain information collection requirements
imposed by agency rule. Since this rule does not impose new regulations
and has no impact on current information collections, there is no need
to obtain OMB approval as to the deletion and modification of these
regulations. Nevertheless, the Commission is submitting a copy of the
proposed rule to the OMB for informational purposes. Interested persons
may obtain information on these reporting requirements by contacting
the Federal Energy Regulatory Commission, 888 First Street, NE,
Washington, DC 20426 (Attention Michael Miller, Office of the Chief
Information Officer, (202) 208-1415). Comments on the requirements of
this rule can be sent to the Office of Information and Regulatory
Affairs of OMB (Attention: Desk Officer for Federal Energy Regulatory
Commission), 725 17th Street, NW, Washington, DC 20503, Phone: (202)
395-3087 Fax: (202) 395-5167.
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\20\ 5 CFR part 1320 (1998).
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VII. Comment Procedures
Copies of this notice of proposed rulemaking can be obtained from
the Public Reference and Files Maintenance Branch, Room 2-A, 888 First
Street, NE, Washington, DC 20426. Any person desiring to file comments
should submit an original and fourteen (14) copies of such comments to
the Federal Energy Regulatory Commission, 888 First Street, NE,
Washington, DC 20426, not later than November 25, 1998.
All written comments will be placed in the Commission's public
files and will be available for public inspection in the Commission's
Public Reference Room at 888 First Street, NE, Washington, DC 20426,
during regular business hours.
List of Subjects
18 CFR Part 3
Organization and functions (Government agencies).
18 CFR Part 341
Maritime carriers, Pipelines, Reporting and recordkeeping
requirements.
18 CFR Part 342
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 343
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 346
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 357
Pipelines, Reporting and recordkeeping requirements, Uniform System
of Accounts.
18 CFR Part 362
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
By direction of the Commission.
David P. Boergers,
Secretary.
In consideration of the foregoing, the Commission proposes to amend
parts 3, 341, 342, 343, 346, 357, 362, and 385, Chapter I, Title 18,
Code of Federal Regulations, as set forth below.
PART 3--ORGANIZATION; OPERATION; INFORMATION AND REQUESTS
1. The authority citation for part 3 continues to read as follows:
Authority: Department of Energy Organization Act, 42 U.S.C.
7101-7352 (1982); E.O. 12009, 3 CFR 1978 Comp., p. 142 (1978);
Administrative Procedure Act, 5 U.S.C. 551-557 (1982); Natural Gas
Act, 15 U.S.C. 717-717z (1982); Federal Power Act, 16 U.S.C. 791a-
828c (1982); Natural Gas Policy Act, 15 U.S.C. 3301-3432 (1982);
Public Utility Regulatory Policies Act, 16 U.S.C. 2601-2645 (1982);
Interstate Commerce Act, 49 U.S.C. 1-27 (1976); Freedom of
Information Act, 5 U.S.C. 552 (1982) as amended by Freedom of
Information Reform Act of 1986.
Sec. 3.4 [Removed and Reserved]
2. Section 3.4 is removed and reserved.
PART 341--OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO
SECTION 6 OF THE INTERSTATE COMMERCE ACT
3. The authority citation for Part 341 continues to read as
follows:
Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27.
4. Section 341.6 is amended by revising paragraph (d)(3) to read as
follows:
Sec. 341.6 Adoption Rule.
* * * * *
(d) * * *
(3) The former owner must immediately file a consecutively numbered
supplement to each of its tariffs covered by the adoption notice,
reading as follows:
Effective [date of adoption notice] this tariff became the
tariff of [legal name of adopting carrier] for transportation
movements [identify origin and destination points], as per its
adoption notice FERC No. [number].
* * * * *
5. Section 341.7 is revised to read as follows:
Sec. 341.7 Concurrences.
Concurrences must be maintained at carriers' offices and produced
upon request. Cancellations or changes to concurrences affecting FERC
Tariffs must be shown in those tariffs. Carriers must provide to the
Commission, in the letter of transmittal accompanying the filing of a
tariff publication containing a joint carrier, the address, phone
number, and a contact for each joint carrier listed in the tariff
publication.
PART 342--OIL PIPELINE RATE METHODOLOGIES AND PROCEDURES
6. The authority citation for part 342 continues to read as
follows:
Authority: 5 U.S.C. 571-583; 42 U.S.C. 7101-7532; 49 U.S.C.
60502; 49 App. U.S.C. 1-85.
7. Section 342.3 is amended by removing paragraph (b)(2),
redesignating
[[Page 57085]]
paragraph (b)(1) as paragraph (b), and revising redesignated paragraph
(b) and paragraph (d)(3) to read as follows:
Sec. 342.3 Indexing.
* * * * *
(b) Information required to be filed with rate changes. The carrier
must comply with part 341 of this chapter. Carriers must specify in
their letters of transmittal required in Sec. 341.2(c) of this chapter
the rate schedule to be changed, the proposed new rate, the prior rate,
the prior ceiling level, and the applicable ceiling level for the
movement. No other rate information is required to accompany the
proposed rate change.
(c) * * *
(d) * * *
(3) A carrier must compute the ceiling level each index year
without regard to the actual rates filed pursuant to this section. All
carriers must round their ceiling levels each index year to the nearest
hundredth of a cent.
* * * * *
PART 343--PROCEDURAL RULES APPLICABLE TO OIL PIPELINE PROCEEDINGS
8. The authority citation for part 343 continues to read as
follows:
Authority: 5 U.S.C. 571-583; 42 U.S.C. 7101-7352; 49 U.S.C.
60502; 49 App. U.S.C. 1-85.
9. Section 343.2 is amended by revising paragraph (c)(4) to read as
follows:
Sec. 343.2 Requirements for filing interventions, protests and
complaints.
* * * * *
(c) * * *
(4) A protest or complaint that does not meet the requirements of
paragraphs (c)(1), (c)(2), or (c)(3) of this section, whichever is
applicable, will be dismissed.
PART 346--OIL PIPELINE COST-OF-SERVICE FILING REQUIREMENTS
10. The authority citation for part 346 continues to read as
follows:
Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C.
1-85.
11. Section 346.2 is amended by revising paragraph (c)(7) to read
as follows:
Sec. 346.2 Material in support of initial rates or change in rates.
* * * * *
(c) * * *
(7) Statement G--revenues. This statement must set forth the gross
revenues for the actual 12 months of experience as computed under both
the presently effective rates and the proposed rates. If the presently
effective rates are not at the maximum ceiling rate established under
Sec. 342.3 of this chapter, then gross revenues must also be computed
and set forth as if the ceiling rates were effective for the 12 month
period.
PART 357--ANNUAL SPECIAL OR PERIODIC REPORTS: CARRIERS SUBJECT TO
PART I OF THE INTERSTATE COMMERCE ACT
12. The authority citation for part 357 continues to read as
follows:
Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C.
1-85.
13. Section 357.3 is revised to read as follows:
Sec. 357.3 FERC Form No. 73, oil pipeline data for depreciation
analysis.
(a) Who must file. Any oil pipeline company requesting new or
changed depreciation rates pursuant to part 347 of this chapter if the
proposed depreciation rates are based on the remaining physical life of
the properties or if directed by the Commission to file service life
data during an investigation of its book depreciation rates.
(b) When to submit. Service life data is reported to the Commission
by an oil pipeline company, as necessary, concurrently with a filing
made pursuant to part 347 of this chapter and as directed during a
depreciation rate investigation.
(c) What to submit. The format and data which must be submitted are
prescribed in FERC Form No. 73, Oil Pipeline Data for Depreciation
Analysis, available for review at the Commission's Public Reference
Section, Room 2A, 888 First Street, NE, Washington, D.C. 20426.
PART 362--[REMOVED AND RESERVED]
14. Part 362 is removed in its entirety and reserved.
PART 385--RULES OF PRACTICE AND PROCEDURE
15. The authority citation for part 385 continues to read as
follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352; 49
U.S.C. 60502; 49 App. U.S.C. 1-85.
Sec. 385.101 [Amended]
16. Section 385.101 is amended by removing paragraphs (b)(3) and
(b)(4)(i), and redesignating paragraph (b)(4)(ii) as paragraph (b)(3).
17. Section 385.102 is amended by revising paragraphs (a) and
(e)(2) to read as follows:
Sec. 385.102 Definitions (Rule 102).
(a) Decisional authority means the Commission or Commission
employee that at the time for decision on a question, has authority or
responsibility under this chapter to decide that particular question.
* * * * *
(e) * * *
(2) With respect to any proceeding not set for hearing under
subpart E of this part, any employee designated by rule or order to
conduct the proceeding.
* * * * *
18. Section 385.502 is amended by removing paragraph (a)(3) and
revising paragraph (a)(1) to read as follows:
Sec. 385.502 Initiation of hearing (Rule 502).
(a) * * *
(1) Order of the Commission; or
* * * * *
19. Sections 385.1403 and 385.1405 through 385.1414 are removed and
sections 385.1404 and 385.1415 are redesignated paragraphs 385.1403 and
385.1404.
20. Section 385.1902 is amended by removing paragraph (b),
redesignating paragraph (c) as paragraph (b), and revising paragraph
(a) to read as follows:
Sec. 385.1902 Appeals from action of staff (Rule 1902).
(a) Any staff action (other than a decision or ruling of presiding
officer, as defined in Rule 102(e)(1), made in a proceeding set for
hearing under subpart E of this part) taken pursuant to authority
delegated to the staff by the Commission is a final agency action that
is subject to a request for rehearing under Rule 713 (request for
rehearing).
* * * * *
[FR Doc. 98-28545 Filed 10-23-98; 8:45 am]
BILLING CODE 6717-01-P
