Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48173 

1 16 U.S.C. 791a, et seq. 

2See Standards for Business Practices and 

Communication Protocols for Public Utilities, Final 

Rule, FERC Stats. & Regs. ¶ 31,274, at P 2 (2008). 

3 Id. 

4 Id. P 3. 

additional controlled airspace at Red 

Oak Municipal Airport, Red Oak, IA. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE IA E5 Red Oak, IA [Amended] 

Red Oak Municipal Airport, IA 

(Lat. 41°00′39′′ N., long. 95°15′32′′ W.) 

Red Oak NDB, IA 

(Lat. 41°00′55′′ N., long. 95°15′21′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Red Oak Municipal Airport; and 

within 2 miles each side of the 354° bearing 

from the airport extending from the 6.4-mile 

radius to 11 miles north of the airport; and 

within 2.6 miles each side of the 326° bearing 

from the Red Oak NDB extending from the 

6.4-mile radius to 8.3 miles northwest of the 

airport. 

* * * * * 

Issued in Fort Worth, TX on September 10, 

2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–22844 Filed 9–21–09; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 38 

[Docket No. RM05–5–017] 

Standards for Business Practices and 

Communication Protocols for Public 

Utilities 

Issued September 17, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

proposes to incorporate by reference in 

its regulations regarding business 

practice standards adopted by the 

Wholesale Electric Quadrant of the 

North American Energy Standards 

Board (NAESB) to categorize various 

demand response products and services 

and to support the measurement and 

verification of these products and 

services in wholesale electric energy 

markets. 

DATES: Comments on the proposed rule 

are due October 22, 2009. 

ADDRESSES: You may submit comments 

identified by Docket No. RM05–5–017, 

by one of the following methods: 

• Agency Web site: http:// 

www.ferc.gov. Follow the instructions 

for submitting comments via the eFiling 

link found in the Comment Procedures 

Section of the preamble. 

Mail: Commenters unable to file 

comments electronically must mail or 

hand deliver an original and 14 copies 

of their comments to the Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC 20426. Please refer to 

the Comment Procedures Section of the 

preamble for additional information on 

how to file paper comments. 

FOR FURTHER INFORMATION CONTACT: 

Bruce McAllister (technical issues), 

Office of Energy Market Regulation, 

Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8296. 

Ryan M. Irwin (technical issues), Office 

of Energy Market Regulation, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–6454. 

Gary D. Cohen (legal issues), Office of 

the General Counsel, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8321. 

SUPPLEMENTARY INFORMATION: 

Notice of Proposed Rulemaking 

Issued September 17, 2009 

1. In this Notice of Proposed 

Rulemaking (NOPR), the Federal Energy 

Regulatory Commission (Commission) 

proposes to amend its regulations under 

the Federal Power Act 1 to incorporate 

by reference business practice standards 

adopted by the Wholesale Electric 

Quadrant (WEQ) of the North American 

Energy Standards Board (NAESB) to 

categorize various demand response 

products and services and to support 

the measurement and verification of 

these products and services in 

wholesale electric energy markets. 

I. Background 

2. NAESB is a non-profit standards 

development organization that serves as 

an industry forum for the development 

of business practice standards. These 

standards promote a seamless 

marketplace for wholesale and retail 

natural gas and electricity.2 Since 1995, 

NAESB and its predecessor, the Gas 

Industry Standards Board, have been 

accredited members of the American 

National Standards Institute (ANSI), 

complying with ANSI’s requirements 

that its standards reflect a consensus of 

the affected industries.3

3. NAESB’s standards include 

business practices that streamline the 

transactional processes of the natural 

gas and electric industries, as well as 

communication protocols and related 

standards designed to improve the 

efficiency of communication within 

each industry. NAESB supports all four 

quadrants of the gas and electric 

industries—wholesale gas, wholesale 

electric, retail gas, and retail electric. All 

participants in the gas and electric 

industries are eligible to join NAESB 

and participate in standards 

development.4

4. Wholesale electric industry 

business practice standards are 

developed by the WEQ (Wholesale 

Electric Quadrant) of NAESB. To 

become a WEQ standard, a consensus of 

six industry segments, transmission, 

generation, marketer/brokers, 

distribution/load serving entities, end 

users, and independent grid operators/ 

planners, must approve the standard. 

Under the WEQ process, for a standard 

to be approved, it must receive a supermajority vote of 67 percent of the 

members of the WEQ’s Executive 

Committee with support from at least 40 


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48174 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 

5Standards for Business Practices and 

Communication Protocols for Public Utilities, 

Notice of Proposed Rulemaking, FERC Stats. & Regs. 

¶ 32,582, at P 13 (2005); Standards for Business 

Practices of Interstate Natural Gas Pipelines, Final 

Rule, Order No. 587–O, FERC Stats. & Regs. ¶ 

31,129, n. 14 (2002). 

6See n.2 supra. 

7When NAESB adopts a business practice 

standard as a Final Action, the standard is 

considered complete from NAESB’s perspective, 

but, from the Commission’s perspective, 

compliance with such a standard is not mandatory 

until such time as the Commission takes formal 

action to incorporate such a standard by reference 

into its regulations. NAESB’s Phase I M&V 

Standards were adopted in the WEQ’s 2009 Annual 

Plan 5(a) Final Action. NAESB’s Apr. 17, 2009 

submittal is also available for viewing in eLibrary 

under Docket No. RM05–5–017. The link to 

eLibrary is as follows: http://www.ferc.gov/docsfiling/efiling.asp. 

8We propose to incorporate by reference the 

following standards collectively identified by 

NAESB as 2008 Annual Plan Item 5(a): Provision 

of Wholesale Electric Demand Response Energy 

Products—Standards 015–1.0–1.3; Provision of 

Wholesale Electric Demand Response Capacity 

Products—Standards 015–1.4–1.7; Provision of 

Wholesale Electric Demand Response Reserve 

Products—Standards 015–1.8–1.11; Provision of 

Wholesale Electric Demand Response Regulation 

Products—Standards 015–1.12–1.15; Maximum 

Base Load Evaluation—Standards 015–1.16–1.18; 

Meter Before/Meter After—Standards 015–1.19– 

1.21; Baseline Type I—(Interval Meter)—Standards 

015–1.22–1.24; Baseline Type II—(Non-Interval 

Meter)—Standards 015–1.25–1.27; and Metering 

Generator Output—Standards 015–1.28–1.30. 

9See P 4 supra. 

percent of each of the six industry 

segments. For final approval, 67 percent 

of the WEQ’s general membership must 

ratify the standards.5 In a series of 

Orders,6 the Commission has 

incorporated certain of NAESB’s 

standards into its regulations. These 

standards include standards for 

business practices as well as standards 

and protocols for electronic 

communication, and business practice 

standards related to reliability standards 

promulgated by NERC and approved by 

the Commission. 

5. On April 17, 2009, after two years 

of development, NAESB reported to the 

Commission that, on March 16, 2009, it 

adopted its initial set of business 

practice standards for the measurement 

and verification of demand response 

products and services (NAESB Phase I 

M&V Standards).7 NAESB states that 

these initial standards will need to be 

followed by the development of more 

detailed technical standards for the 

measurement and verification of 

demand response products and services 

in independent system operator/ 

regional transmission organization (ISO/ 

RTO) footprint areas. NAESB states that 

its Demand Side Management-Energy 

Efficiency subcommittee has already 

begun efforts to plan the development of 

these more detailed (Phase II) standards; 

however, actual standards development 

has not yet started. 

6. The NAESB Phase I M&V Standards 

include 40 definitions and 31 business 

practice standards. The definitions 

identify basic product categories, i.e., 

energy service, capacity service, reserve 

service and regulation service. They 

identify the measurement and 

verification characteristics of demand 

response products and services offered 

in organized wholesale electricity 

markets, such as reduction deadlines, 

advance notification instructions, 

telemetry accuracy, and communication 

protocols. The business practice 

standards address the major operational 

categories associated with demand 

response. NAESB stresses that the key to 

several NAESB participants’ willingness 

to accept the standards submitted on 

April 17th was the agreement among 

participants to include more specific 

technical measurement and verification 

standards in NAESB’s current annual 

work plan and to proceed with further 

work on more detailed technical 

standards. 

II. Description of NAESB’s Phase I M&V 

Standards 

7. The Phase I M&V Standards 

include two parts. First, there are 

standards that identify operational 

information about demand response 

products that system operators need to 

make available. Second, specific 

standards address the performance 

evaluation methods appropriate to use 

for demand response products. These 

standards are described briefly below. In 

addition, associated terms are defined in 

a glossary. 

8. First, the NAESB Phase I M&V 

Standards address transparency of the 

provision of four wholesale electric 

demand response products: Energy 

(WEQ–015–1.0 through WEQ–015–1.3); 

capacity (WEQ–015–1.4 through 1.7); 

reserves (WEQ–015–1.8 through 1.11); 

and regulation (WEQ–015–1.12 through 

1.15). For each of these products, the 

standards require system operators to 

make information publicly available on: 

(1) Specific operational requirements 

listed in the business practice standards, 

e.g., notification requirements; (2) 

telemetry requirements, e.g., the 

telemetry interval shall not exceed five 

minutes; (3) after-the-fact metering 

requirements, e.g., the metering 

accuracy shall not exceed three percent 

of full scale; and (4) performance 

evaluation rules, e.g., the performance 

evaluation method applicable to the 

product being delivered. Most of these 

transparency requirements are the same 

for all four products, although some 

only apply where appropriate. Other 

requirements apply only to one product; 

for example, demand resources 

providing regulation services are 

required to automatically respond to 

grid frequency deviations, similar to the 

governor action provided by generation 

resources, unless otherwise specified by 

the system operator. 

9. Second, the NAESB Phase I M&V 

Standards require the system operator to 

make publicly available the specific 

method to be used and the information 

required for the performance of 

resources providing demand response 

products (the performance evaluation 

method). Information standards specify 

that a system operator must define 

criteria and requirements for telemetry, 

metering, and performance evaluation, 

including baseline window, calculation 

type, sampling, baseline adjustments 

and measurement methods for each 

method that may be used to evaluate the 

performance of each demand response 

product. The system operator must 

specify that some or all of five methods 

may be used: Maximum Base Load 

Evaluation (WEQ–015–1.16 through 

WEQ–015–1.18); Meter Before/Meter 

After (WEQ–015–1.19 through WEQ– 

015–1.21); Baseline Type I—Interval 

Meter (WEQ–015–1.22 through WEQ– 

015–1.24); Baseline Type II—NonInterval Meter (WEQ–015–1.25 through 

WEQ–015–1.27); and Metering 

Generator Output (WEQ–015–1.28 

through WEQ–015–1.30). 

III. Discussion 

10. The Commission proposes to 

incorporate by reference into our 

regulations the NAESB Phase I M&V 

Standards and associated terms used in 

the WEQ–015 glossary.8 The Phase I 

M&V Standards are primarily intended 

to enhance the transparency and 

consistency of the methods used to 

measure and verify demand response 

products in wholesale electricity 

markets administered by RTOs and 

ISOs. The glossary provides 

standardized definitions of demand 

response services, operational terms and 

performance measurements. The 

NAESB Phase I M&V Standards that we 

are proposing to incorporate by 

reference in this NOPR provide a 

starting place to develop a more 

comprehensive set of standards for the 

provision of demand response products 

in wholesale markets. 

11. NAESB adopted its Phase I M&V 

Standards under its consensus 

procedures.9 Adoption of consensus 

standards is appropriate because the 

consensus process helps to ensure the 

reasonableness of the standards by 

requiring that the standards draw 

support from a broad spectrum of all 


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Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48175 

10Pub. L. 104–113, 12(d), 110 Stat. 775 (1996), 15 

U.S.C. 272 note (1997). 

11 ‘‘FERC–516’’ is the Commission’s identifier 

that corresponds to OMB control no. 1902–0096 

which identifies the information collection 

associated with Electric Rate Schedules and Tariff 

Filings. 

12 ‘‘FERC–717’’ is the Commission’s identifier 

that corresponds to OMB control no. 1902–0173 

which identifies the information collection 

associated with Standards for Business Practices 

and Communication Protocols for Public Utilities. 

13The total annualized costs for the information 

collection is $39,960. This number is reached by 

multiplying the total hours to prepare responses 

(108) by an hourly wage estimate of $370 (a 

composite estimate that includes legal, technical 

and support staff rates, $250 + $95 + $25 = $370), 

108 hours × $370/hour = $39,960. 

14We note that 36 hours at $370/hr. = $13,320 

and 72 hours at $370/hr. = $26,640. Together, 

$13,320 + $26,640 = $39,960 as in note 13 supra. 

15 5 CFR 1320.11. 

segments of the industry. Moreover, 

because the industry itself has to 

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), 

Congress affirmatively requires Federal 

agencies to use technical standards 

developed by voluntary consensus 

standards organizations, like NAESB, as 

a means to carry out policy objectives or 

activities determined by the agencies 

unless use of such standards would be 

inconsistent with applicable law or 

otherwise impractical.10

12. The NAESB Phase II M&V 

Standards are intended to establish 

business practice standards that 

facilitate the ability of demand response 

providers to participate in electricity 

markets, reducing transaction costs and 

providing an opportunity for more 

customers to participate in these 

programs, especially customers that 

operate in more than one organized 

market. The NAESB Phase I M&V 

Standards provide a framework for 

further business practice 

standardization efforts, and participants 

in the WEQ process can use these 

standards to identify those elements for 

which standardization would be 

beneficial. We believe it is appropriate 

to develop criteria and standards that 

system operators can use to determine 

how demand response will be initiated, 

communicated, controlled, adjusted, 

measured and verified. 

13. We appreciate the efforts of the 

WEQ thus far in developing these 

standards. It is clear, however, that 

much work still needs to be done. 

Members of the WEQ need to continue 

their efforts to develop the substantive 

standards needed to achieve greater 

efficiency in the operation and 

evaluation of the performance of 

demand response products and services. 

The Commission continues to believe 

that the industry should take the lead in 

developing and implementing demand 

response standards that will be both 

practical and workable. However, we 

request comments on whether the 

Commission should establish a deadline 

for the development of these remaining 

critical standards and, if so, what that 

deadline should be. 

IV. Notice of Use of Voluntary 

Consensus Standards 

14. Office of Management and Budget 

Circular A–119 (section 11) (Feb. 10, 

1998) provides that Federal agencies 

should publish a request for comment in 

a NOPR when the agency is seeking to 

issue or revise a regulation proposing to 

adopt a voluntary consensus standard or 

a government-unique standard. In this 

NOPR, the Commission is proposing to 

incorporate by reference a voluntary 

consensus standard developed by the 

NAESB WEQ. 

V. Information Collection Statement 

15. The following collections of 

information contained in this proposed 

rule have been submitted to the Office 

of Management and Budget (OMB) for 

review under section 3507(d) of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3507(d). The Commission solicits 

comments on the Commission’s need for 

this information, whether the 

information will have practical utility, 

the accuracy of the provided burden 

estimates, ways to enhance the quality, 

utility, and clarity of the information to 

be collected, and any suggested methods 

for minimizing respondents’ burden, 

including the use of automated 

information techniques. Respondents 

subject to the filing requirements of this 

rule will not be penalized for failing to 

respond to these collections of 

information unless the collections of 

information display a valid OMB 

Control number. 

16. The following burden estimate is 

based on the projected costs for the 

industry to implement revisions to the 

WEQ Standards currently incorporated 

by reference into the Commission’s 

regulations at 18 CFR 38.2 and to 

implement the new standards adopted 

by NAESB that we propose here to 

incorporate by reference. 

Data collection Number of 

respondents 

Number of 

responses per 

respondent 

Hours per 

response 

Total Number 

of hours 

FERC–516 11 .................................................................................................... 6 1 6 36 

FERC–717 12 .................................................................................................... 6 1 12 72 

Totals ........................................................................................................ ........................ ........................ ........................ 108 

Total Annual Hours for Collection: 

(Reporting and Recordkeeping, (if 

appropriate)) = 108 hours. 

Information Collection Costs: The 

Commission seeks comments on the 

costs to comply with these 

requirements. It has projected the 

average annualized cost for all 

respondents to be the following: 13

FERC–516 FERC–717 

Annualized Capital/Startup Costs ................................................................................................................................ $13,320 $26,640 

Annualized Costs (Operations & Maintenance) .......................................................................................................... N/A ......................

Total Annualized Costs ........................................................................................................................................ 13,320 14 26,640 

17. OMB regulations15 require OMB 

to approve certain information 

collection requirements imposed by 

agency rule. The Commission is 


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48176 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 

16Regulations Implementing the National 

Environmental Policy Act, Order No. 486, FERC 

Stats. & Regs. ¶ 30,783 (1987). 

17 18 CFR 380.4. 

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

380.4(a)(27). 

19 5 U.S.C. 601–612. 

20 5 U.S.C. 605(b). 

submitting notification of this proposed 

rule to OMB. These information 

collections are mandatory requirements. 

Title: Standards for Business Practices 

and Communication Protocols for 

Public Utilities (formerly Open Access 

Same Time Information System) (FERC– 

717); Electric Rate Schedule Filings 

(FERC–516). 

Action: Proposed collection. 

OMB Control No.: 1902–0096 (FERC– 

516); 1902–0173 (FERC–717). 

Respondents: Business or other for 

profit, (Public Utilities—Not applicable 

to small businesses). 

Frequency of Responses: One-time 

implementation (business procedures, 

capital/start-up). 

Necessity of the Information: This 

proposed rule, if implemented would 

standardize the definitions used by ISOs 

and RTOs to identify their various 

demand response products and to 

measure and verify the results obtained 

by these products. 

18. Internal Review: The Commission 

has reviewed the revised business 

practice standards proposed in this 

NOPR and has made a preliminary 

determination that these standards are 

necessary to maintain consistency 

among the ISOs/RTOs as to the demand 

response products they offer in their 

wholesale electricity markets. The 

Commission has assured itself, by 

means of its internal review, that there 

is specific, objective support for the 

burden estimate associated with the 

information requirements. 

19. Interested persons may obtain 

information on the reporting 

requirements by contacting the 

following: Federal Energy Regulatory 

Commission, Attn: Michael Miller, 

Office of the Executive Director, 888 

First Street, NE., Washington, DC 20426, 

Tel: (202) 502–8415/Fax: (202) 273– 

0873, E-mail: michael.miller@ferc.gov. 

20. Comments concerning the 

information collections proposed in this 

NOPR and the associated burden 

estimates, 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) 

395–7345, fax: (202) 395–7285]. 

VI. Environmental Analysis 

21. 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 

from these requirements as not having a 

significant effect on the human 

environment.17 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, and for 

sales, exchange, and transportation of 

electric power that requires no 

construction of facilities.18 Therefore, 

an environmental assessment is 

unnecessary and has not been prepared 

in this NOPR. 

VII. Regulatory Flexibility Act 

Certification 

22. The Regulatory Flexibility Act of 

1980 (RFA) 19 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities. The regulations proposed here 

impose requirements only on ISOs and 

RTOs, which are not small businesses. 

Moreover, these requirements are 

designed to benefit all customers, 

including small businesses. 

23. The Commission has followed the 

provisions of both the RFA and the 

Paperwork Reduction Act on potential 

impact on small business and other 

small entities. Specifically, the RFA 

directs agencies to consider four 

regulatory alternatives to be considered 

in a rulemaking to lessen the impact on 

small entities: Tiering or establishment 

of different compliance or reporting 

requirements for small entities, 

classification, consolidation, 

clarification or simplification of 

compliance and reporting requirements, 

performance rather than design 

standards, and exemptions. As these 

proposed standards would only be 

applicable to ISOs and RTOs, which are 

not small entities, the Commission 

hereby certifies, pursuant to section 

605(b) of the RFA,20 that the regulations 

proposed herein will not have a 

significant adverse impact on a 

substantial number of small entities. 

VIII. Comment Procedures 

24. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due October 22, 2009. 

Comments must refer to Docket No. 

RM05–5–017, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address. Comments may be filed either 

in electronic or paper format. 

25. 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 send an original and 14 copies of 

their comments to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC 20426. 

26. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

IX. Document Availability 

27. 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 p.m. Eastern time) at 888 First 

Street, NE., Room 2A, Washington, DC 

20426. 

28. From FERC’s Home Page on the 

Internet, this information is available in 

the eLibrary. The full text of this 

document is available in the eLibrary 

both in PDF and Microsoft Word format 

for viewing, printing, and/or 

downloading. To access this document 

in eLibrary, go to the FERC Web site at 

http://www.ferc.gov and type the docket 

number ‘‘RM05–5’’ in the docket 

number field, type ‘‘017’’ under the 

subdocket field, and request submittals 

filed on April 17, 2009. 

29. User assistance is available for 

eLibrary and the FERC’s Web site during 

our normal business hours. For 

assistance contact FERC Online Support 

at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48177 

List of Subjects in 18 CFR Part 38 

Conflict of interests, Electric power 

plants, Electric utilities, Incorporation 

by reference, Reporting and 

recordkeeping requirements. 

By direction of the Commission. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

In consideration of the foregoing, the 

Commission proposes to revise Chapter 

I, Title 18, part 38 of the Code of Federal 

Regulations, as follows: 

PART 38—BUSINESS PRACTICE 

STANDARDS AND COMMUNICATION 

PROTOCOLS FOR PUBLIC UTILITIES 

1. The authority citation for part 38 

continues to read as follows: 

Authority: 16 U.S.C. 791–825r, 2601–2645; 

31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

2. In § 38.2, paragraph (a)(12) is added 

to read as follows: 

§ 38.2 Incorporation by Reference of North 

American Energy Standards Board 

Wholesale Electric Quadrant Standards. 

(a) * * * 

(12) Measurement and Verification of 

Wholesale Electricity Demand Response 

(WEQ–015, 2008 Annual Plan Item 5(a), 

Mar. 16, 2009). 

* * * * * 

[FR Doc. E9–22784 Filed 9–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice: 6767] 

RIN 1400–AC36 

Exchange Visitor Program—General 

Provisions 

AGENCY: United States Department of 

State. 

ACTION: Proposed rule with request for 

comment. 

SUMMARY: The Department of State is 

proposing to amend the General 

Provisions (Subpart A) of the existing 

Exchange Visitor Program regulations. 

This section of the regulations 

establishes the procedures for 

designated Program sponsors and 

addresses overall Program 

administration. It provides the overall 

context in which to interpret all other 

provisions of the Exchange Visitor 

Program regulations. The General 

Provisions have not been revised in 

whole in over 15 years, despite 

modifications of many of the categoryspecific regulations and changes in 

technology. 

The proposed regulations encompass 

technical changes to the General 

Provisions and address public 

diplomacy and foreign policy concerns, 

including the Department’s ability to 

monitor Program sponsors and to ensure 

the safety and well-being of foreign 

nationals who come to the United States 

as Program participants. The 

amendment of this section incorporates 

changes made to the regulations since 

the last update in 1993. It ties all 

regulatory requirements together and 

consolidates the requirements set forth 

in the SEVIS reporting requirements 

regulations into the General Provisions. 

Certain definitions have been added, 

made clearer or deleted. This rule also 

proposes new requirements regarding 

applications for designation and 

redesignation, a change in the required 

amount of health insurance coverage, 

the identification of an Employer 

Identification Number (EIN) and Dun & 

Bradstreet numbers by sponsors and 

third party entities, the collection of 

employment authorization information 

and validation of the SEVIS record on 

an exchange visitor’s accompanying 

spouse and dependents, criminal 

background checks on all Responsible 

Officers and Alternate Responsible 

Officers, and the implementation of 

management audits across all categories 

under the Private Sector Programs 

Division of the Office of Designation. 

The Student and Exchange Visitor 

Information System (SEVIS) currently in 

place is being redesigned. The redesign, 

SEVIS II, has no immediate impact on 

this proposed rule. Prior to the 

implementation of SEVIS II the 

Department of Homeland Security will 

introduce any new requirements or 

procedures to the public through a 

proposed rule with a comment period. 

DATES: The Department will accept 

comments from the public up to 

November 23, 2009. 

ADDRESSES: You may submit comments, 

identified by any of the following 

methods: 

• Persons with access to the Internet 

may view this notice and provide 

comments by going to the 

regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm 

• Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

Office of Designation, SA–5, Floor 5, 

2200 C Street, NW., Washington, DC 

20522–0505. 

• E-mail: jexchanges@state.gov. You 

must include the title and RIN in the 

subject line of your message. 

FOR FURTHER INFORMATION CONTACT: 

Stanley S. Colvin, Deputy Assistant 

Secretary for Private Sector Exchanges, 

U.S. Department of State, SA–5, Floor 5, 

2200 C Street, NW., Washington, DC 

20522–0505; (202) 632–9288; or e-mail 

at jexchanges@state.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of State is proposing 

modifications to § 62.2 through § 62.16 

of the Code of Federal Regulations, Title 

22: Foreign Relations, Part 62— 

Exchange Visitor Program (Subpart A— 

General Provisions). Subpart A governs 

the designation of Program sponsors and 

addresses overall Program 

administration. It provides the overall 

context in which all remaining 

provisions of Part 62 are interpreted. 

Subpart A has remained largely 

unchanged since 1993, when the 

predecessor agency with oversight of the 

Exchange Visitor Program, the United 

States Information Agency (USIA), 

substantially rewrote all of the 

regulations governing the Program. (See 

58 FR 15196, Mar. 19, 1993, as amended 

at 59 FR 34761, July 7, 1994, 

redesignated at 64 FR 54539, Oct. 7, 

1999.) In the intervening 15 years, the 

Department of State modified 

regulations governing certain categories 

of exchange visitors and added new 

categories. New regulations governing 

the trainee category were published in 

2007. Specialty and non-specialty 

training were eliminated and new 

trainee regulations implemented. A new 

category, Intern, was created. A 

subcategory of the College/University 

Student program, Student Intern, was 

also put in place for use by the 

academic community. 

The amendment of this section 

incorporates changes to the regulations 

since the last update in 1993, including 

the change in the period of 

redesignation which, with the passage 

of the Enhanced Border Security and 

Visa Entry Reform Act of 2002, Part 

(b)(1) (Section 502), was changed from 

every five years to every two years. The 

updates are important because they tie 

all regulatory requirements together, 

ensuring that the regulations are clear 

and that all sponsors understand and 

follow the same requirements in the 

administration of their designated 

exchange visitor programs. SEVIS is 

being redesigned. The redesign, SEVIS 

II, has no immediate impact on this 

proposed rule. Prior to implementation 

of SEVIS II, the Department of 

Homeland Security will introduce any 

new requirements or procedures to the 

public through a proposed rule with a 

comment period. 

To strengthen program oversight, the 

implementation of management audits 

for all private sector program sponsors, 

as currently utilized in the Au Pair 


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