[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Rules and Regulations]
[Pages 13418-13421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7430]
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[[Page 13419]]
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 2, 153, 157, 201, 375 and 382
[Docket No. RM96-9-000]
Editorial Changes to Various Regulations To Conform References to
Revised Part 154; Order No. 586; Final Rule
Issued March 21, 1996.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final Rule.
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SUMMARY: The Federal Energy Regulatory Commission is amending various
regulations under the Natural Gas Act to conform to revisions to part
154 of the Commission's regulations under the Natural Gas Act which
reorganized the filing requirements for interstate natural gas
pipelines.
EFFECTIVE DATE: This final rule is effective April 26, 1996.
FOR FURTHER INFORMATION CONTACT: Richard A. White, Office of the
General Counsel, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426, (202) 208-0491.
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 at 888 First Street, NE.,
Washington, DC 20426.
The Commission Issuance Posting System (CIPS), an electronic
bulletin board service, provides access to the texts of formal
documents issued by the Commission. CIPS is available at no charge to
the user and may be accessed using a personal computer with a modem by
dialing (202) 208-1397 if dialing locally or 1-800 856-3920 if dialing
long distance. To access CIPS, set your communications software to
19200, 14400, 12000, 9600, 7200, 4800, 2400 or 1200bps, full duplex, no
parity, 8 data bits, and 1 stop bit. The full text of this document
will be available on CIPS indefinitely in ASCII and WordPerfect 5.1
format. The complete text on diskette in Wordperfect format may also be
purchased from the Commission's copy contractor, La Dorn Systems
Corporation, located in Room 2-A, 888 First Street NE., Washington, DC
20426.
Before Commissioners: Elizabeth Anne Moler, Chair; Vicky A.
Bailey, James J. Hoecker, William L. Massey, and Donald F. Santa,
Jr.
I. Introduction
The Federal Energy Regulatory Commission (Commission) is amending
parts 2, 153, 157, 201, and 382 of its regulations to conform to
changes in part 154 promulgated by the final rule issued September 28,
1995, in Docket No. RM95-3-000 (60 FR 52960, October 11, 1995). The
changes to the Commission regulations are to be effective April 26,
1996.
II. The Revised Regulations
The final rule in Docket No. RM95-3-000 completely reorganized the
regulations governing the filing requirements for interstate natural
gas pipelines. Therefore, other regulations that reference part 154
must be conformed to reference the appropriate section of the revised
regulations. Accordingly, the Commission is adopting these conforming
changes to its regulations.
Section 2.55 contains a reference to former Sec. 154.91 which
contained the definition of ``independent producer.'' Since former
Sec. 154.91 has been removed, the definition will be incorporated into
paragraph (d) of revised Sec. 2.55. This modification does not
represent a change in Commission policy.
Section 2.64 concerns producer certificates. Producers no longer
have to file for certificates with the Commission. The entire section
has been removed.
Section 153.8 references former Secs. 154.31 through 154.41. This
section is modified to refer to revised Secs. 154.101 through 154.111,
and 154.301 through 154.403.
Section 157.103(d)(8) refers to former Sec. 154.63. This section is
modified to refer to subpart D of part 154.
Section 157.301(d) concerns waiver of requirements formerly
required by Secs. 154.92 through 154.94. These sections have been
removed from the Commission's regulations by Order No. 567.1
Accordingly, Sec. 157.301(d) is removed.
\1\ 68 FERC para. 61,135 (1994). Order No. 567 deleted certain
regulations related to natural gas producer rate regulation that
were either obsolete or nonessential in light of the deregulation of
wellhead gas prices under the Natural Gas Wellhead Decontrol Act of
1989. Pub. L. No. 101-60; 103 Stat. 157 (1989).
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Part 201, General Instruction 16, refers to former Secs. 2.66 and
154.42. Section 2.66 was removed by Order No. 542 2 and
Sec. 154.42 was removed by Order No 567.3 These sections were
removed because the Natural Gas Wellhead Decontrol Act of 1989 4
made all ``first sales'' of natural gas no longer subject to Federal
regulation. Because General Instruction 16 is predicated on the
requirements of former Secs. 2.66 and 154.42, General Instruction No.
16 is being removed.
\2\ Deletion of Certain Outdated or Nonessential Regulations
Pertaining to the Commission's Jurisdiction over Natural Gas, III
FERC Stats. & Regs. para. 30,945 (1992).
\3\ Removal of Outdated Regulations Pertaining to the Sales of
Natural Gas Production, III FERC Stats. & Regs. para. 30,999 (1994).
\4\ Pub. L. 101-60; 103 Stat. 157 (1989).
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Part 201, Gas Plant Instruction, 3.(17)(b) refers to former
Sec. 154.63. This reference will be changed to subpart D of revised
part 154.
In part 375, the title of Sec. 375.307 must be changed to reflect
the renaming of the Office of Pipeline and Producer Regulation to the
Office of Pipeline Regulation. The reference to Secs. 154.303(e) and
154.63(a)(2) is changed to reference subpart D of part 154 in
Sec. 375.307(b)(1). In paragraph (b)(5), the reference to Sec. 154.91
has been removed. Paragraph (f)(3), concerns applications for waiver of
various fees. However, the fees are no longer required. Therefore, the
references to Secs. 381.201-206, 381.208, 381.209, 381.401, and 381.404
have been removed. Paragraph (f)(5) has been changed to refer to
Sec. 154.403.
The reference in Sec. 382.103(c) to former Sec. 154.67(c)(2)(iii)
is modified to reflect that the subject of this section, interest
calculations, is now found in revised Sec. 154.501(d).
III. Public Reporting Burden
The Commission estimates the public reporting burden for the
collection of information under the rule will not be affected.
Interested persons may send comments regarding this burden estimate
or any other aspect of this information collection, including
suggestions for reducing the burden by contacting the Federal Energy
Regulatory Commission, 888 First Street, NE, Washington, DC 20426
[Attention: Michael Miller, Information Services Division, (202) 208-
1415], and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Washington DC 20503 (Attention: Desk Officer
for the Federal Energy Regulatory Commission), FAX: (202) 395-5167.
IV. Regulatory Flexibility Act Certification
[[Page 13420]]
The Regulatory Flexibility Act (RFA) 5 requires agencies to
prepare certain statements, descriptions and analyses of proposed rules
that will have a ``significant economic impact on a substantial number
of small entities.'' The Commission is not required to make such
analyses if a rule would not have such an effect.
\5\ 5 U.S.C. 601-612.
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The Commission believes that this rule will not have such an impact
on small entities. Most filing companies regulated by the Commission do
not fall within the RFA's definition of small entity.6 Further,
this rule merely changes the section number referenced within an
existing regulation. Therefore, the Commission certifies that this rule
will not have a significant economic impact on a substantial number of
small entities.
\6\ 5 U.S.C. 601(3), citing to section 3 of the Small Business
Act, 15 U.S.C. 632. Section 3 of the Small Business Act defines a
``small-business concern'' as a business which is independently
owned and operated and which is not dominant in its field of
operation.
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V. Environmental Statement
The Commission has excluded certain actions not having a
significant effect on the human environment from the requirement to
prepare an environmental assessment or an environmental impact
statement.7 No environmental consideration is raised by the
promulgation of a rule that is clarifying, corrective, or procedural or
that does not substantially change the effect of legislation or
regulations being amended.8 The instant rule is purely procedural.
Accordingly, no environmental consideration is necessary.
\7\ 18 CFR 380.4.
\8\ 18 CFR 380.4(a)(2)(ii).
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VI. Information Collection Statement
The Office of Management and Budget's (OMB) regulations 9
require that OMB approve certain information and recordkeeping
requirements imposed by an agency. The following existing data
collections are affected by this final rule but with no change in
industry reporting burden: FERC-541, Gas Pipeline Certificates:
Curtailment Plan (1902-0066); FERC-542, Gas Pipeline Rates: Initial
Rates, Rate Change & Tracking Filing (1902-0070): FERC-544, Gas
Pipeline Rates: Rate Change (formal) (1902-0153); FERC-545, Gas
Pipeline Rates: Rate Change (NonFormal) (1902-0154); FERC-577,
Environmental Impact Statement (1902-0128); FERC Form 2, Annual Report
of Major Natural Gas Companies (1902-0028); and, FERC Form 2A, Annual
Report of Nonmajor Natural Gas Companies (1902-0030); and, FERC-582,
Oil, Gas and Electric Annual Charges (1902-0132).
\9\ 5 CFR 1320.12.
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The Commission is issuing this final rule to change the section
references in existing regulations to conform to the revised part 154.
The Commission uses the information to carry out its regulatory
responsibilities pursuant to the Natural Gas Act. The Commission's
Office of Pipeline Regulation uses the information to review rate
filings by natural gas pipelines for the transportation of gas.
The Commission is submitting to the Office of Management and Budget
a notification of these collections of information. 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, Information Services
Division, (202) 208-1415]. Comments on the requirements of this rule
can be sent to the Office of Information and Regulatory Affairs of OMB,
Washington, DC 20503, (Attention: Desk Officer for Federal Energy
Regulatory Commission) FAX: (202) 395-5167.
VII. Administrative Findings and Effective Date
The Administrative Procedure Act (APA) exempts certain rules from
notice and comment requirements.10 Specifically, the APA exempts
``rules of agency organization, procedure, or practice'' from the
requirements for notice and comment.11 This change to referenced
sections of part 154 to conform to changes in part 154 qualifies for
exemption as a procedural rule because it does not affect the
substantive rights of a party.
\10\ 5 U.S.C. 553(b)(3).
\11\ 5 U.S.C. 553(b)(3)(A).
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This order is effective April 26, 1996.
List of Subjects
18 CFR Part 2
Administrative practice and procedure, Electric power, Natural gas,
Pipelines, Reporting and recordkeeping requirements.
18 CFR Part 153
Exports, Imports, Natural Gas, Reporting and recordkeeping
requirements.
18 CFR Part 157
Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 201
Natural gas, Reporting and recordkeeping requirements, Uniform
System of Accounts.
18 CFR Part 375
Authority delegations (Government agencies), Seals and insignia,
Sunshine Act.
18 CFR Part 382
Administrative practice and procedure, Electric utilities
Pipelines, Reporting and recordkeeping requirements.
By the Commission.
Lois D. Cashell,
Secretary.
In consideration of the foregoing, the Commission is amending parts
2, 153, 157, 201, 375 and 382, Chapter I, Title 18, Code of Federal
Regulations, as set forth below.
PART 2--GENERAL POLICY AND INTERPRETATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791a-825r,
2601-2645; 42 U.S.C. 4321-4361, 7101-7352.
2. Section 2.55 is amended by revising paragraph (d) to read as
follows:
Sec. 2.55 Definition of terms used in section 7(c).
* * * * *
(d) Taps. Taps on existing transmission pipelines which are
installed solely for the purpose of enabling a purchaser or transporter
to take delivery of gas from an independent producer. An independent
producer means any person as defined in the Natural Gas Act who is
engaged in the production or gathering of natural gas and who sells
natural gas in interstate commerce for resale, but who is not engaged
in the transportation of natural gas (other than gathering) by pipeline
in interstate commerce.
Sec. 2.64 [Removed]
3. Section 2.64 is removed.
PART 153--APPLICATION FOR AUTHORIZATION TO EXPORT OR IMPORT NATURAL
GAS
4. The authority citation for part 153 is revised to read as
follows:
Authority: 15 U.S.C. 717b, 717o; E.O. 10485, 3 CFR, 1949-1953
Comp., p. 970, as amended by E.O. 12038, 3 CFR, 1978 Comp., p. 136.
5. Section 153.8 is revised to read as follows:
[[Page 13421]]
Sec. 153.8 Filing of contracts, rate schedules, etc.
Persons authorized to export natural gas from the United States to
a foreign country or to import natural gas from a foreign country must
file two full and complete copies of every contract and the amendments
thereto, presently or hereafter effective, for such export or import,
together with all rate schedules, agreements, leases or other writings,
tariffs, classifications, rules and regulations relative to such export
or import in the manner specified in part 154 of this chapter, except
that the requirements of Sec. 154.101 through Sec. 154.111 and
Sec. 154.301 through 154.403 shall not be applicable.
PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT
6. The authority citation for part 157 continues to read as
follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
7. Section 157.103 is amended by revising paragraph (d)(8) to read
as follows:
Sec. 157.103 Terms and conditions; other requirements.
* * * * *
(d) * * *
(8) Prohibitions against cost shifting. No costs originally
allocated to a new service may subsequently be allocated to any other
services without a filing under Subpart D of Part 154 and a
determination by the Commission that the costs sought to be reallocated
are in fact being incurred for the benefit of the other services.
* * * * *
Sec. 157.301 [Removed]
8. Section 157.301 is removed.
PART 201--UNIFORM SYSTEM OF ACCOUNTS PRESCRIBED FOR NATURAL GAS
COMPANIES SUBJECT TO THE PROVISIONS OF THE NATURAL GAS ACT
9. The authority citation for Part 201 continues to read as
follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352,
7651-7651o.
10. In Part 201, General Instructions, paragraph 16 is removed and
reserved.
11. In Part 201, Gas Plant Instructions, paragraph 3(17)(b) remove
the words ``Sec. 154.63'' and add, in their place, the words ``subpart
D of part 154''.
PART 375--THE COMMISSION
12. The authority citation for Part 375 continues to read as
follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.
13. In section 375.307, the section heading and paragraphs (b)(1),
(b)(5), (f)(3) and (f)(5) are revised to read as follows:
Sec. 375.307 Delegations to the Director of the Office of Pipeline
Regulation.
* * * * *
(b) * * *
(1) Accept a tariff or rate schedule filing, except a major
pipeline rate increase under section 4(e) of the Natural Gas Act and
under subpart D of part 154, if it complies with all applicable
statutory requirements, and with all applicable Commission rules,
regulations, and orders for which a waiver has not been granted, or if
a waiver has been granted by the Commission, if it complies with the
terms of such waiver;
* * * * *
(5) Accept statements of eligibility filed under Sec. 2.56(p) of
this chapter by producers of natural gas, as defined in Sec. 157.40 of
this chapter.
* * * * *
(f) * * *
(3) Fees prescribed in Secs. 381.207, 381.402, and 381.403 of this
chapter in accordance with Sec. 381.106(b) of this chapter;
* * * * *
(5) Section 154.403 of this chapter, as necessary, in order to rule
on out-of-cycle purchased gas adjustment filings.
* * * * *
PART 382--ANNUAL CHARGES
14. The authority citation for part 382 continues to read as
follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352; 49 U.S.C. 60502;
49 App. U.S.C. 1-85.
Sec. 382.103 [Amended]
15. In Sec. 382.103(c), the words ``Sec. 154.67(c)(2)(iii)'' are
removed and the words ``Sec. 154.501(d)'' are added in their place.
[FR Doc. 96-7430 Filed 3-26-96; 8:45 am]
BILLING CODE 6717-01-P
