48884 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 

1A recent inquiry from the public alerted the 

Commission that greater clarity is needed on the 

scope of these filing requirements. 

We are not proposing any revisions to the 

regulatory text of 18 CFR part 368 or 18 CFR 369.1, 

because the current text already is consistent with 

the proposals in this Notice. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747– 

100, 747–200B, 747–300, and 747SR series 

airplanes, certificated in any category; as 

identified in Boeing Service Bulletin 747– 

25A3368, Revision 2, dated June 12, 2008. 

Note 1: The affected airplanes are those 

that have been converted by Boeing to the 

Boeing Special Freighter configuration. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 25: Equipment/furnishings. 

Unsafe Condition 

(e) This AD results from a report of water 

contamination in the electrical and electronic 

units in the main equipment center. We are 

issuing this AD to prevent the malfunction of 

one or more electrical and electronic units in 

the main equipment center, which could 

adversely affect the airplane’s continued safe 

flight. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Install the Closeout Panel and Moisture 

Curtains 

(g) Within 24 months after the effective 

date of this AD, install the closeout panel and 

moisture curtains for the main equipment 

center, by accomplishing all of the applicable 

actions specified in the Accomplishment 

Instructions of Boeing Service Bulletin 747– 

25A3368, Revision 2, dated June 12, 2008. 

Credit for Actions Done According to 

Previous Issue of the Service Bulletin 

(h) Actions done before the effective date 

of this AD in accordance with the 

Accomplishment Instructions in Boeing Alert 

Service Bulletin 747–25A3368, dated August 

25, 2005, are acceptable for compliance with 

the corresponding actions required by 

paragraph (g) of this AD, provided that the 

additional work specified in the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–25A3368, Revision 1, 

dated June 25, 2007; or Revision 2, dated 

June 12, 2008; is accomplished. The 

additional work required is to cap seal all 

rivets fastening the mounting base assembly 

to the moisture shroud as given in Figure 10 

in Boeing Alert Service Bulletin 747– 

25A3368, Revision 2, dated June 12, 2008, 

and to fill any unused pilot holes in the 

mounting base assembly in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 747–25A3368, 

Revision 2, dated June 12, 2008; or cap seal 

all rivets fastening the mounting base 

assembly to the moisture shroud as given in 

Figure 10 of Boeing Alert Service Bulletin 

747–25A3368, Revision 1, dated June 25, 

2007, and to fill any unused pilot holes in 

the mounting base assembly in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin 747–25A3368, 

Revision 1, dated June 25, 2007. 

(i) Actions done before the effective date of 

this AD in accordance with Boeing Alert 

Service Bulletin 747–25A3368, Revision 1, 

dated June 25, 2007, are acceptable for 

compliance with the corresponding actions 

required by paragraph (g) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Marcia Smith, 

Aerospace Engineer, Cabin Safety and 

Environmental Systems Branch, ANM–150S, 

FAA, Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6484; fax 

(425) 917–6590. Or, e-mail information to 9- 

ANM-Seattle-ACO-AMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Issued in Renton, Washington, on 

September 16, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–23190 Filed 9–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 366 and 367 

[Docket No. RM09–21–000] 

Revised Filing Requirements for 

Centralized Service Companies Under 

the Public Utility Holding Company Act 

of 2005, the Federal Power Act, and the 

Natural Gas Act 

Issued September 17, 2009. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this Notice of Proposed 

Rulemaking, the Federal Energy 

Regulatory Commission proposes to 

revise the Commission’s regulations to 

require every centralized service 

company that provides non-power 

services to any public utility, natural gas 

company, or both, to file Form No. 60 

(Annual Report of Centralized Service 

Companies) annually and abide by the 

Uniform System of Accounts, unless 

exempted or granted a waiver pursuant 

to our regulations. 

DATES: Comments are due October 26, 

2009. 

ADDRESSES: You may submit comments, 

identified by docket number RM09–21– 

000, by any of these methods: 

• Agency Web Site: http:// 

www.ferc.gov. Documents created 

electronically using word processing 

software should be filed in native 

applications or print-to-PDF format and 

not in a scanned format. 

• Mail/Hand Delivery: Commenters 

unable to file comments electronically 

must mail or hand deliver an original 

and 14 copies of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street, NE., Washington, DC 20426. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Russo (Technical Information), 

Division of Financial Regulation, 

Office of Enforcement, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

Telephone (202) 502–8792. 

Lawrence Greenfield (Legal 

Information), Office of the General 

Counsel—Energy Markets, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426. Telephone (202) 502–6415. 

Gary D. Cohen (Legal Information), 

Office of the General Counsel—Energy 

Markets, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. Telephone 

(202) 502–8321. 

SUPPLEMENTARY INFORMATION: 

Notice of Proposed Rulemaking 

I. Introduction 

1. In this Notice of Proposed 

Rulemaking (Notice), the Federal Energy 

Regulatory Commission proposes to 

revise the Commission’s regulations at 

18 CFR 366.1, 366.23, 367.1 and 367.2 

to require every centralized service 

company that provides non-power 

services to a public utility, a natural gas 

company, or both, to file FERC Form 

No. 60 (Annual Report of Centralized 

Service Companies) annually and abide 

by the Uniform System of Accounts, 

unless the holding company is 

exempted or granted a waiver pursuant 

to 18 CFR 366.3 or 366.4.1

2. The Commission believes that this 

proposed revision promotes 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 48885 

2 16 U.S.C. 791a et seq. 

3 15 U.S.C. 717 et seq. 

4Repeal of the Public Utility Holding Company 

Act of 1935 and Enactment of the Public Utility 

Holding Company Act of 2005, Order No. 667, 

FERC Stats. & Regs. ¶ 31,197 (2005), order on reh’g, 

Order No. 667–A, FERC Stats. & Regs. ¶ 31,213 

(2006), order on reh’g, Order No. 667–B, FERC 

Stats. & Regs. ¶ 31,224 (2006), order on reh’g, Order 

No. 667–C, 118 FERC ¶ 61,133 (2007). 

5 Id. P 12; see also id. P 38. Form U–13–60 was 

the Securities and Exchange Commission’s (SEC’s) 

annual report for service companies of registered 

holding companies. Id. P 78; see 17 CFR 250.94 

(2005). 

6 15 U.S.C. 79a et seq. 

7 42 U.S.C. 16451 et seq.; see Energy Policy Act 

of 2005, Public Law 109–58, 1261–77, 119 Stat. 594, 

972–78 (2005). 

8Order No. 667, FERC Stats. & Regs. ¶ 31,197, at 

regulatory text for 18 CFR 366.23(a). The 

Commission subsequently explained: ‘‘[i]n Order 

No. 667 * * *, the Commission announced its 

intention to modify the existing Uniform Systems 

of Accounts for public utilities and licensees and 

natural gas companies in Parts 101 and 201, 

respectively, of the Commission’s regulations to 

accommodate centralized service companies’ use of 

those systems’’—which was, in fact, done in Order 

No. 684. Financial Accounting, Reporting and 

Records Retention Requirements Under the Public 

Utility Holding Company Act of 2005, Notice of 

Proposed Rulemaking, FERC Stats. & Regs. ¶ 32,600, 

at P 6 (2006) (April 2006 Notice); accord Financial 

Accounting, Reporting and Records Retention 

Requirements Under the Public Utility Holding 

Company Act of 2005, Order No. 684, FERC Stats. 

& Regs. ¶ 31,229, at P 5 (2006). 

9 16 U.S.C. 791a et seq.; see Order No. 667–A, 

FERC Stats. & Regs. ¶ 31,213 at P 6, n.12. 

10 15 U.S.C. 717 et seq. 

11Order No. 667–A, FERC Stats. & Regs. ¶ 31,213 

at P 46, n.64 (emphasis added). In both Order Nos. 

667 and 667–A, the Commission noted its 

independent, broad authority under the FPA and 

NGA to obtain the books and records of regulated 

companies, and the FPA and NGA particularly 

provide that such authority extends to the books 

and records of any person that controls a public 

utility or a natural gas company and to the books 

and records of any other company controlled by 

such person. 15 U.S.C. 717g(c); 16 U.S.C. 825(c); see 

Order No. 667, FERC Stats. & Regs. ¶ 31,197 at P 

3, 6, 107, 130 n.122; Order No. 667–A, FERC Stats. 

& Regs. ¶ 31,213 at P 4, 12; cf. Order No. 667, FERC 

Stats. & Regs. ¶ 31,197 at P 52 (discussing how 

books and records may be obtained). 

12April 2006 Notice, FERC Stats. & Regs. ¶ 32,600 

at P 1, 7, 9. 

13 Id. P 17. 

14 Id. 

15Order No. 684, FERC Stats. & Regs. ¶ 31,229 at 

P 54. 

16April 2006 Notice, FERC Stats. & Regs. ¶ 32,600 

at P 8; accord Order No. 684, FERC Stats. & Regs. 

¶ 31,229 at P 27, 100. 

17April 2006 Notice, FERC Stats. & Regs. ¶ 32,600 

at P 9; accord Order No. 684, FERC Stats. & Regs. 

¶ 31,229 at P 9; cf. id. P 10 (referring to record 

retention requirements for public utilities and 

natural gas companies). 

18See supra note 8. 

transparency and is consistent with the 

Commission’s regulatory obligation to 

regulate public utilities under the 

Federal Power Act (FPA) 2 and natural 

gas companies under the Natural Gas 

Act (NGA) 3 to ensure that rates are just 

and reasonable. It also better tracks the 

Commission’s intent in prior orders 

directing the filing of FERC Form No. 

60. 

II. Background 

3. On December 8, 2005, the 

Commission adopted Order No. 667,4 a 

final rule that, among other matters, 

required centralized service companies 

to file ‘‘a newly-created FERC Form No. 

60 (Annual Report for Service 

Companies) which is based on a 

streamlined version of the [Securities 

and Exchange Commission’s] Form U– 

13–60.’’ 5 The Commission adopted 

Order No. 667 in response to the repeal 

of the Public Utility Holding Company 

Act of 1935 (PUHCA 1935) 6 and the 

enactment of the Public Utility Holding 

Company Act of 2005 (PUHCA 2005).7

4. Pursuant to Order No. 667, the 

companies subject to the requirement to 

prepare and file FERC Form No. 60 were 

centralized service companies, i.e., 

those service companies that were ‘‘not 

a special-purpose company * * * [and] 

that provide[d] non-power goods or 

services to a Commission-jurisdictional 

public utility or natural gas company.’’ 8

This language was intended to continue 

(albeit, as revised) the SEC requirement 

that centralized service companies of 

registered holding companies must file 

an annual report, regardless of whether 

the registered holding company 

included either (or both) a public utility 

or a natural gas company. 

5. On April 24, 2006, the Commission 

adopted Order No. 667–A, which 

addressed issues raised in requests for 

rehearing of Order No. 667. Among 

other things, we stated that ‘‘our 

regulatory concerns are with respect to 

allocation of costs to entities whose 

rates are regulated by the Commission 

under the [Federal Power Act (FPA),9] 

and [Natural Gas Act (NGA) 10], i.e., 

public utilities and natural gas 

companies.’’ 11

6. On the same date that the 

Commission adopted Order No. 667–A, 

it also proposed to adopt a Uniform 

System of Accounts for centralized 

service companies.12

7. In addition, the Commission 

specifically invited comment,13 on 

whether there was a regulatory gap 

under PUHCA 2005 that might restrict 

the Commission’s ability to assert 

jurisdiction over holding companies 

with natural gas company affiliates and 

no public utility affiliates and what, if 

any, action the Commission might take 

under the NGA.14 None of the 

comments filed in response to the April 

2006 Notice raised any objection to the 

applicability of FERC Form No. 60 to 

service companies providing non-power 

goods and services to either public 

utilities or natural gas companies. In 

Order No. 684, in fact, the Commission 

noted that its authority extended to 

centralized service companies that 

served both public utilities and natural 

gas companies—referencing PUHCA 

2005 as well as the FPA and NGA.15

8. As we explained in the April 2006 

Notice, describing the development of 

the regulations: 

[w]e were guided by three overarching 

objectives: (1) The new accounting and 

records retention requirements should mirror 

the existing requirements contained in Parts 

101, 201, 125 and 225 of the Commission’s 

regulations for public utilities and licensees 

and natural gas companies to the maximum 

extent practicable, but should exclude 

provisions that are not relevant; (2) the new 

accounting requirements should allow for the 

consolidation of service company financial 

information with the financial information of 

associate public utilities and licensees and 

natural gas companies as needed for 

stockholder and SEC reporting; and (3) the 

new Uniform System of Accounts for 

centralized service companies should 

include requirements that reflect aspects of 

business operations that are unique to such 

service companies.16

We also explained in the April 2006 

Notice that the proposed Uniform 

System of Accounts for Centralized 

Service Companies conformed, to the 

maximum extent practicable, to the 

Commission’s existing Uniform Systems 

of Accounts for public utilities and 

licensees and for natural gas companies 

as set forth in parts 101 and 201, 

respectively, of the Commission’s 

regulations.17

9. The Commission followed up the 

issuance of Order Nos. 667 and 667–A 

with Order No. 684,18 a final rule that, 

among other matters, established a 

Uniform System of Accounts for 

centralized service companies in part 

367. Order No. 684 also reiterated that 

centralized service companies providing 

non-power services must file FERC 

Form No. 60, Annual Report of 

Centralized Service Companies, unless 

exempted or granted a waiver pursuant 

to 18 CFR 366.3 or 366.4; this 

requirement was codified at 18 CFR 

366.23 and 367.2. 

10. It is also noteworthy that, when 

the Commission in Order No. 684 

compared the final rule it was adopting 

there to the proposals in the April 2006 

Notice, the Commission did not state 

that it was now excusing centralized 

service companies in those holding 

company systems with no public 

utilities from their obligations to file 

FERC Form No. 60 and to abide by the 

Uniform System of Accounts. Indeed, 

the Commission explained in Order No. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
48886 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 

19Order No. 684, FERC Stats. & Regs. ¶ 31,229 at 

P 27. 

20 Id. P 29. 

21Also notable is the fact that 18 CFR 367.2(b)(4) 

provides that the requirement to use the Uniform 

System of Accounts does not apply to a centralized 

service company that provides services 

‘‘exclusively to a local gas distribution company.’’ 

This provision parallels the provision in 18 CFR 

366.3(b)(2)(vi) that exempts a holding company that 

is a holding company solely with respect to local 

gas distribution companies that are not regulated as 

natural gas companies. Such an exemption would 

have been unnecessary if the requirements of that 

section only extended to services provided to 

public utilities. The regulations also provide, at 18 

CFR 367.2(b)(2), that the new Uniform System of 

Accounts is not applicable to gas utility companies. 

If the requirement to file Form No. 60 was intended 

to only extend to non-power services provided by 

centralized service companies to public utilities, 

then this language likewise would be superfluous. 

22A centralized service company is defined to 

include any service company providing services 

such as administrative, management, financial, 

accounting, and other services ‘‘to other companies 

in the same holding company system.’’ 18 CFR 

367.1(a)(7). 

23 If commenters believe that revisions to 18 CFR 

part 368 or 18 CFR 369.1 are also needed, they may 

so state in their comments. 

24 5 CFR 1320.11. 

25 44 U.S.C. 3507(d). 

684 that ‘‘a structured USofA as 

proposed under new part 367 of the 

Commission’s regulations is necessary 

to ensure consistency across the 

centralized service companies and, 

equally important, to ensure the 

Commission has the information 

necessary to carry out its obligations 

under PUHCA 2005, the Federal Power 

Act (FPA), and the Natural Gas Act 

(NGA).’’ 19 We also explained in Order 

No. 684: 

Although flexibility in accounting rules 

may have enabled the SEC to meet its 

regulatory responsibilities, such flexibility 

will not allow the Commission to accomplish 

its regulatory mandate to ensure just and 

reasonable rates. There are hundreds of 

entities subject to the Commission’s 

jurisdiction. The only way the Commission 

can efficiently carry out this mandate is by 

requiring these entities to account for 

transactions in a structured and uniform 

manner. That is why the Commission 

adopted and still maintains USofAs for 

public utilities and licensees and for natural 

gas companies. A structured USofA for 

centralized service companies is an equally 

essential tool that the Commission needs to 

carry out its regulatory responsibilities.20

The same reasoning applies equally to 

the filing of FERC Form No. 60.21

11. As currently written, 18 CFR 

366.23(a)(1) provides that, 

[u]nless otherwise exempted or granted a 

waiver by Commission rule or order pursuant 

to § 366.3 and § 366.4, every centralized 

service company 22 (see § 367.2 of this 

chapter) in a holding company system must 

file an annual report, Form No. 60. 

However, 18 CFR 367.2(a) currently 

states that, unless exempted or granted 

a waiver by Commission rule or order, 

the Uniform System of Accounts, on 

which FERC Form No. 60 is based 

‘‘applies to any centralized service 

company operating, or organized 

specifically to operate, within a holding 

company system for the purpose of 

providing non-power services to any 

public utility in the same holding 

company system.’’ 

12. In Order Nos. 667, 667–A and 684, 

the Commission intended to require 

every centralized service company that 

provides non-power services to a public 

utility, a natural gas company, or both, 

to file FERC Form No. 60 (Annual 

Report of Centralized Service 

Companies) annually, unless the 

holding company is exempted or 

granted a waiver pursuant to 18 CFR 

366.3 or 366.4. However, it has recently 

come to the Commission’s attention that 

the regulatory text as currently drafted, 

particularly at 18 CFR 366.1 and 366.23 

and 18 CFR 367.1 and 367.2, does not 

conform to the Commission’s intention 

on these matters. 

III. Discussion 

13. As currently written, the reference 

in 18 CFR 366.23 to 18 CFR 367.2, and 

18 CFR 367.2 itself, make both the 

requirement to file FERC Form No. 60 

under 18 CFR 366.23 and the 

requirement to abide by the Uniform 

System of Accounts pursuant to 18 CFR 

367.2 applicable only to a centralized 

holding company providing non-power 

goods or services to a ‘‘public utility’’ in 

the same holding company system, 

rather than to a ‘‘public utility’’ or a 

‘‘natural gas company’’ or both. 

14. It was our intention in Order Nos. 

667, 667–A and 684 that every 

centralized service company providing 

non-power services either to any public 

utility or to any natural gas company (or 

to both) in the same holding company 

system file FERC Form No. 60 and 

comply with the Uniform System of 

Accounts, unless the holding company 

is exempted or granted a waiver. 

However, it has recently come to our 

attention that, as currently written, the 

regulatory text of 18 CFR 366.1, 366.23, 

367.1 and 367.2 could be read to reach 

a different conclusion. As discussed 

above, this more narrow application was 

not intended. 

15. Thus, we propose to apply the 

FERC Form No. 60 annual filing 

requirement, as well as the requirement 

to abide by the Uniform System of 

Accounts, to any centralized service 

company that provides non-power 

services to any public utility or any 

natural gas company, or both, in the 

same holding company system, so that 

the filing requirements will apply to all 

the entities that the Commission 

envisioned covering in its earlier orders, 

(i.e., the public utilities and natural gas 

companies subject to the Commission’s 

jurisdiction under the FPA and NGA). 

16. Therefore, the Commission 

proposes to revise 18 CFR 366.1 and 18 

CFR 367.1 to clarify that ‘‘service 

companies’’ include entities providing 

non-power goods or services to any 

public utility or any natural gas 

company in the same holding company 

system, and to revise 18 CFR 366.23 and 

18 CFR 367.2 to clarify that every 

centralized service company that 

provides non-power services to a public 

utility, a natural gas company, or both, 

in the same holding company system, 

must file FERC Form No. 60 (Annual 

Report of Centralized Service 

Companies) annually and must abide by 

the Uniform System of Accounts, unless 

the holding company is exempted or 

granted a waiver pursuant to 18 CFR 

366.3 or 366.4. 

17. The Commission believes that 

these revisions will promote 

transparency and are consistent with the 

Commission’s regulatory obligation to 

regulate public utilities under the FPA 

and natural gas companies under the 

NGA to ensure just and reasonable rates. 

It also better tracks the Commission’s 

intent in prior orders directing the filing 

of FERC Form No. 60.23

18. In contrast to Order Nos. 667, 

667–A and 684, in this rulemaking the 

Commission intends to rely explicitly 

on the Commission’s authority under 

the FPA and NGA, in addition to our 

authority under PUHCA 2005. 

Accordingly, the Commission also 

proposes in this Notice to revise the 

name of subchapter U, and of parts 366 

and 367, title 18, CFR, to better reflect 

the Commission’s reliance on its 

statutory authority under the FPA and 

NGA, in addition to its authority under 

PUHCA 2005. 

IV. Information Collection Statement 

19. Office of Management and Budget 

(OMB) regulations require OMB to 

review and approve certain information 

collection requirements imposed by 

agency rule.24 The Commission is 

submitting notification of the 

information collection requirements 

contained in this proposed rule to OMB 

for review and approval under section 

3507(d) of the Paperwork Reduction Act 

of 1995.25 The Commission solicits 

comments on the Commission’s need for 

this information, whether the 

information will have practical utility, 

the accuracy of the provided burden 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 48887 

26Regulations Implementing the National 

Environmental Policy Act, Order No. 486, FERC 

Stats. & Regs. ¶ 30,783 (1987). 

27 18 CFR 380.4. 

28See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 

380.4(a)(15), 380.4(a)(25); accord id. 380.4(a)(27). 

29 5 U.S.C. 601–12. 

estimates, ways to enhance the quality, 

utility, and clarity of the information to 

be collected, and any suggested methods 

for minimizing respondents’ burden, 

including the use of automated 

information techniques. 

20. In this Notice, we are proposing to 

require that FERC Form No. 60 as it 

currently exists now also be filed by 

centralized service companies in 

holding company systems that include 

natural gas companies (where there is 

not also a public utility), and that the 

Uniform System of Accounts as it 

currently exists now also apply to 

centralized service companies in 

holding company systems (where there 

is not also a public utility); in holding 

company systems where there already is 

a public utility, these requirements 

already apply. The number of 

companies that now would be subject to 

these requirements (that were not 

subject to these requirements before) is 

relatively small, since most holding 

companies include only public utilities 

or include both public utilities and 

natural gas companies and so would 

already be subject to these requirements. 

Title: FERC Form No. 60, Annual 

Report of Centralized Service 

Companies. 

Action: Proposed collections. 

OMB Control No.: 1902–0215. 

Respondents: Business or other for 

profit, Interstate natural gas pipelines 

and public utilities (not applicable to 

small businesses). 

Frequency of Responses: Annually. 

21. Necessity of Information: This 

proposed rule, if implemented, would 

explicitly require, absent an exemption 

or waiver, any centralized service 

company providing non-power services 

to any natural gas company or any 

public utility, or both, to file FERC Form 

No. 60 annually and to comply with the 

Uniform System of Accounts. This 

information is needed to promote 

transparency and to allow the 

Commission to determine whether rates 

of natural gas pipelines and public 

utilities are just and reasonable. 

22. Implementation of these 

requirements also will help the 

Commission carry out its 

responsibilities under the FPA, NGA, 

and PUHCA 2005 to ensure that public 

utilities and natural gas companies do 

not engage in improper pricing and 

undue discrimination. The information 

collection requirements of this proposed 

rule will be reported to the Commission 

and posted on the Commission’s Web 

site. 

Internal Review: The Commission has 

reviewed the reporting and accounting 

requirements proposed in this Notice. 

These requirements conform to the 

Commission’s plan for efficient 

information collection, communication, 

and management within the natural gas 

pipeline and electric power industries, 

and are necessary to meet the 

Commission’s obligations under 

PUHCA, the FPA, and the NGA. 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 collection requirements. 

23. 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: 

Michael Miller, Office of the Chief 

Information Officer. Phone: (202) 502– 

8415, fax: (202) 273–0873, e-mail: 

michael.miller@ferc.gov.] 

24. Comments concerning the 

collection of information and the 

associated burden estimate, should be 

sent to the contact listed above and to 

the Office of Management and Budget, 

Office of Information and Regulatory 

Affairs, Washington, DC 20503. 

[Attention: Desk Officer for the 

Federal Energy Regulatory Commission, 

phone: (202) 395–7856, fax: (202) 395– 

7285]. 

V. Environmental Analysis 

25. 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.26 The Commission has 

categorically excluded certain actions 

from these requirements as not having a 

significant effect on the human 

environment.27 The actions proposed 

here fall within categorical exclusions 

in the Commission’s regulations for 

rules that are clarifying, corrective, or 

procedural, for information gathering, 

analysis, and dissemination, for 

accounting-related matters, and for raterelated matters.28 Therefore, no 

environmental assessment is necessary. 

VI. Regulatory Flexibility Act 

Certification 

26. The Regulatory Flexibility Act of 

1980 (RFA) 29 generally requires a 

description and analysis of rulemakings 

that will have a significant economic 

impact on a substantial number of small 

entities. The regulations proposed here 

impose requirements only on holding 

companies of public utilities and 

natural gas pipelines, the majority of 

which are not small businesses, and 

thus the regulations proposed here will 

not have a significant economic impact 

on a substantial number of small 

entities. These requirements are, in fact, 

designed to benefit all customers, 

including small businesses. 

Accordingly, the Commission hereby 

certifies that the regulations proposed 

here will not have a significant adverse 

impact on a substantial number of small 

entities. 

VII. Comment Procedures 

27. The Commission invites interested 

persons to submit written comments on 

the matters proposed to be adopted in 

this Notice, including any related 

matters or alternative proposals that 

commenters may wish to discuss. 

Comments are due October 26, 2009. 

Comments must refer to Docket No. 

RM09–21–000, and must include the 

commenter’s name, organization 

represented, if applicable, and address. 

Comments may be filed either in 

electronic or paper format. 

28. Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http:// 

www.ferc.gov. The Commission accepts 

most standard word processing formats 

and commenters may attach additional 

files with supporting information in 

certain other file formats. Commenters 

filing electronically do not need to make 

a paper filing. Commenters that are not 

able to file comments electronically 

must submit an original and 14 copies 

of their comments to: Office of the 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. 

29. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

are not required to serve copies of their 

comments on other commenters. 

VIII. Document Availability 

30. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http:// 

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5 p.m. 

Eastern time) at 888 First Street, NE., 

Room 2A, Washington, DC 20426. 

31. From the Commission’s Home 

Page on the Internet, this information is 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
48888 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 

available in eLibrary. The full text of 

this document is available in eLibrary 

both in PDF and Microsoft Word 

formats 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. 

32. User assistance is available for 

eLibrary and the Commission’s Web site 

during the Commission’s normal 

business hours. For assistance, contact 

FERC Online Support by e-mail at 

FERCOnlineSupport@ferc.gov, or by 

telephone at 202–502–6652 (toll-free at 

(866) 208–3676) or for TTY, contact 

(202) 502–8659. 

List of Subjects 

18 CFR Part 366 

Electric power, Natural gas, Reporting 

and recordkeeping requirements. 

18 CFR Part 367 

Electric power, Natural gas, Uniform 

System of Accounts, Reporting and 

recordkeeping requirements. 

Kimberly D. Bose, 

Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend parts 

366 and 367, subchapter U, Chapter I, 

Title 18, Code of Federal Regulations, as 

follows: 

1. Revise the heading to Subchapter U 

to read as follows: 

Subchapter U—Regulations Under the 

Public Utility Holding Company Act of 2005, 

Federal Power Act and Natural Gas Act 

2. Revise the heading to part 366 to 

read as follows: 

PART 366—BOOKS AND RECORDS 

3. The authority citation for part 366 

is revised to read as follows: 

Authority: 15 U.S.C. 717 et seq., 16 U.S.C. 

791a et seq., and 42 U.S.C. 16451–16463. 

4. Revise the heading to Subpart A of 

part 366 to read as follows: 

Subpart A—Definitions and Provisions 

Under PUHCA 2005, the Federal Power 

Act and the Natural Gas Act 

5. In § 366.1, the definition of ‘‘service 

company’’ is revised to read as follows: 

§ 366.1 Definitions. 

* * * * * 

Service company. The term ‘‘service 

company’’ means any associate 

company within a holding company 

system organized specifically for the 

purpose of providing non-power goods 

or services or the sale of goods or 

construction work to any public utility 

or any natural gas company, or both, in 

the same holding company system. 

* * * * * 

6. Revise the heading to Subpart B to 

read as follows: 

Subpart B—Accounting and 

Recordkeeping Under PUHCA 2005, 

the Federal Power Act and the Natural 

Gas Act 

7. In § 366.23, paragraph (a) is revised 

to read as follows: 

§ 366.23 FERC Form No. 60, Annual 

reports of centralized service companies, 

and FERC–61, Narrative description of 

service company functions. 

(a) General- (1) FERC Form No. 60. 

Unless otherwise exempted or granted a 

waiver by Commission rule or order 

pursuant to §§ 366.3 and 366.4, every 

centralized service company (see § 367.2 

of this chapter) in a holding company 

system, regardless of whether that 

service company is providing services to 

a public utility, a natural gas company, 

or both, must file an annual report, 

FERC Form No. 60, as provided in 

§ 369.1 of this chapter. Every report 

must be submitted on the FERC Form 

No. 60 then in effect and must be 

prepared in accordance with the 

instructions incorporated in that form. 

* * * * * 

8. Revise the heading to part 367 to 

read as follows: 

PART 367—UNIFORM SYSTEM OF 

ACCOUNTS FOR CENTRALIZED 

SERVICE COMPANIES SUBJECT TO 

THE PROVISIONS OF THE PUBLIC 

UTILITY HOLDING COMPANY ACT OF 

2005, FEDERAL POWER ACT AND 

NATURAL GAS ACT 

9. The authority citation for part 367 

is revised to read as follows: 

Authority: 15 U.S.C. 717 et seq., 16 U.S.C. 

791a et seq., and 42 U.S.C. 16451–16463. 

10. In § 367.1, paragraph (a)(45) is 

revised to read as follows: 

§ 367.1 Definitions. 

(a) * * * 

(45) Service company means any 

associate company within a holding 

company system organized specifically 

for the purpose of providing non-power 

goods or services or the sale of goods or 

construction work to any public utility 

or any natural gas company, or both, in 

the same holding company system. 

* * * * * 

11. In § 367.2, paragraph (a) is revised 

to read as follows: 

§ 367.2 Companies for which this system 

of accounts is prescribed. 

(a) Unless otherwise exempted or 

granted a waiver by Commission rule or 

order pursuant to §§ 366.3 and 366.4 of 

this chapter, this Uniform System of 

Accounts applies to any centralized 

service company operating, or organized 

specifically to operate, within a holding 

company system for the purpose of 

providing non-power services to any 

public utility or any natural gas 

company, or both, in the same holding 

company system. 

* * * * * 

[FR Doc. E9–22851 Filed 9–24–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–113289–08] 

RIN 1545–BH81 

Contingent Fees Under Circular 230; 

Hearing Cancellation 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Cancellation of notice of public 

hearing. 

SUMMARY: This document cancels a 

public hearing on notice of proposed 

rulemaking on modifications of the 

regulations governing practice before 

the Internal Revenue Service (Circular 

230). 

DATES: The public hearing, originally 

scheduled for November 20, 2009 at 10 

a.m. is cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Regina Johnson of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedure and Administration) at (202) 

622–7180 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and a notice of 

public hearing that appeared in the 

Federal Register on Tuesday, July 28, 

2009 (74 FR 37183) announced that a 

public hearing was scheduled for 

November 20, 2009, at 10 a.m. in the 

IRS Auditorium, Internal Revenue 

Building, 1111 Constitution Avenue, 

NW., Washington, DC. The subject of 

the public hearing is under Circular 230 

of the Internal Revenue Code. 

The public comment period for these 

regulations expired on September 10, 

2009. Outlines of topics to be discussed 

at the hearing were due on September 

10, 2009. The notice of proposed 


jlentini on DSKJ8SOYB1PROD with PROPOSALS