143 FERC ¶ 61,137

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

18 C.F.R. Part 341

[Docket No. RM12-15-000; Order No. 780]

Filing, Indexing and Service Requirements for Oil Pipelines

(Issued May 16, 2013)

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final Rule

SUMMARY: The Federal Energy Regulatory Commission is amending Part 341 of its 

regulations under the Interstate Commerce Act to update its regulations governing the 

form, composition and filing of rates and charges by interstate oil pipelines for 

transportation in interstate commerce. This Final Rule is a part of the Commission’s 

ongoing effort to review its filing and reporting requirements and reduce unnecessary 

burdens by eliminating the collection of data that are not necessary to the performance of 

the Commission’s regulatory responsibilities. 

EFFECTIVE DATE: This rule will become effective [insert date 30 days after 

publication in the FEDERAL REGISTER].

FOR FURTHER INFORMATION CONTACT:

Aaron Kahn (Technical Issues)

888 First Street, NE

Washington, DC 20426

(202) 502-8339

aaron.kahn@ferc.gov
Docket No. RM12

-15-000 ii

Michelle A. Davis (Legal Issues)

888 First Street, NE Washington, DC 20426

(202) 502-8687

michelle.davis2@ferc.gov
143 FERC ¶ 61,137

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Before Commissioners: Jon Wellinghoff, Chairman;

 Philip D. Moeller, John R. Norris,

 Cheryl A. LaFleur, and Tony Clark.

Filing, Indexing and Service Requirements for Oil 

Pipelines

Docket No. RM12-15-000

ORDER NO. 780

FINAL RULE

 

I. Introduction

1. The Federal Energy Regulatory Commission (Commission or FERC) is amending 

Part 341 of its regulations to rewrite, remove, and update its regulations governing the 

form, composition and filing of rates and charges by interstate oil pipelines for 

transportation in interstate commerce.1

 These modifications are part of the 

Commission’s ongoing effort to review its filing and reporting requirements and reduce 

unnecessary burdens by eliminating the collection of data that are not necessary to the 

performance of the Commission’s regulatory responsibilities. 

II. Background

2. Section 6 of the Interstate Commerce Act (ICA) requires each interstate oil 

pipeline to file rates, fares, and charges for transportation on its system, and also to file 

 1 18 CFR Part 341 (2012).
Docket No. RM12-15-000 2

copies of contracts with other common carriers for such traffic. Similarly, section 20 of 

the ICA requires annual or special reports from carriers subject to the ICA collected by 

the Commission.2

 These requirements are reflected in 18 C.F.R. Parts 341 and 357 of the 

Commission’s regulations.3

3. In 2008, the Commission adopted Order No. 714, which required that all tariffs 

and tariff revisions and rate change applications for oil pipelines and other Commissionregulated entities be filed electronically according to a set of standards developed in 

conjunction with the North American Energy Standards Board.4

 Consequently, since 

April 1, 2010, all tariff filings with the Commission are made electronically.5

4. On October 12, 2012, consistent with the Commission’s goal to streamline its 

procedures to eliminate unnecessary regulatory obligations, the Commission proposed 

modifying Part 341 of its regulations.6

 

 2 See 49 U.S.C. app. 6 and 20 (1988).

3

 See also 18 CFR Parts 341 and 357 (2012) (implementing the filing and 

reporting requirements of sections 6 and 20 of the ICA).

4 Electronic Tariff Filings, Order No. 714, FERC Stats. & Regs. ¶ 31,276 (2008).

5 Id. P 104.

6 Filing, Indexing, and Service Requirements, Notice of Proposed Rulemaking, 

77 FR 65,513 (Oct. 29, 2012), FERC Stats. & Regs. ¶ 32,694 (2012) FERC Stats. 

& Regs. ¶ 32,694 (2012) (NOPR).
Docket No. RM12-15-000 3

III. NOPR Comments

5. Airlines for America (A4A),7 the National Propane Gas Association (NPGA),8

Valero Marketing and Supply Company (Valero), and the Association of Oil Pipelines 

(AOPL)9 filed comments in response to the Commission’s NOPR. AOPL filed reply 

comments. AOPL’s reply comments will not be specifically addressed below because 

they relate to issues raised by other commenters that are beyond the scope of this 

proceeding.

6. All the commenters generally support the proposed rulemaking and the 

Commission’s efforts to eliminate unnecessary oil pipeline filings and to update the 

service and posting requirements. AOPL, NPGA and Valero agree with the proposals to 

streamline the processing of rate and other filings. NPGA believes the changes will help 

improve communications between pipelines and shippers and other interested parties. 

7. Nonetheless, several commenters seek clarification on various proposed 

regulations. Others seek to expand the scope of the proceeding to include changes 

outside the scope of the proposed rulemaking. The comments are addressed below.

 7 A4A is an airline trade association whose members account for more than 

90 percent of the passenger and cargo traffic carried by U.S. airlines.

8 NPGA is a trade association of the U.S. propane industry with a membership of 

about 3,000 companies, including 38 affiliated state and regional associations 

representing members in all 50 states.

9 AOPL is a trade association that represents the interests of common carrier oil 

pipelines. AOPL’s members transport almost 85 percent of the crude oil and refined 

petroleum products shipped through pipelines in the U.S.
Docket No. RM12-15-000 4

IV. Discussion

A. Posting Requirements

1. Eliminating Paper Posting

a. NOPR

8. On October 12, 2012, consistent with the Commission’s goal to streamline its 

procedures to eliminate unnecessary regulatory obligations, the Commission proposed 

eliminating the paper posting requirements of sections 341.0(a)(7), 341.3(c), and 341.7 of 

its regulations.10 

9. The Commission proposed revising section 341.0(a)(7) to eliminate the 

requirement that oil pipelines make their tariffs “available ... for public inspection ... at 

the carrier’s principal office and other offices of the carrier where business is conducted. . 

. .” Instead, consistent with the requirements for public utilities and interstate natural gas 

pipelines, the Commission proposed mandating that each oil pipeline post its currently 

effective, pending and suspended tariffs on its public website(s).

11 The Commission also 

proposed revising section 341.7 of its regulations to eliminate the requirement that 

“[c]oncurrences must be maintained at carriers’ offices” in paper form. In conjunction 

 10 Section 341.0(a)(7) provides that pipelines must post their tariffs by making 

them available at offices of the carrier, or on the Internet. Section 341.3(c) lays out the 

requirements for “loose-leaf tariffs,” i.e., paper tariffs. Section 341.7 provides that 

pipelines must maintain their concurrences at their offices. 

11 The terms of “effective,” “pending,” and “suspended” are those used by Order 

No. 714 and eTariff, and for this document. The equivalent terms in 18 CFR 341.0(b)(4) 

(2012) are “current,” “proposed,” and “suspended,” respectively.
Docket No. RM12-15-000 5

with these changes, the Commission proposed updating section 341.3 of its regulations 

by removing subsection 341.3(c), which references “loose-leaf tariffs,” as loose-leaf 

tariffs would no longer exist under the proposal. The Commission concluded that its 

proposals would reduce the burden on interstate oil pipelines while increasing the ease of 

accessing oil pipeline tariffs for shippers, the public, and possibly the oil pipelines 

themselves.

b. Comments

10. As noted, the Commission proposed to modify section 341.0(a)(7) to require each 

oil pipeline to electronically post its currently effective, pending and suspended tariffs on 

their public web sites and eliminate references to making the tariffs available at the 

carrier’s place of business. The electronic posting proposal elicited the most comments 

with commenters suggesting modifications and additional changes. 

11. AOPL recommended two modifications. First, AOPL requests the Commission 

eliminate the requirement to post pending or proposed tariffs on a public website.12 

AOPL argues that posting pending tariffs is unnecessary because oil pipelines should 

exclusively post current tariffs since shippers can access information on pending tariffs 

through eTariff or eLibrary. AOPL also complains that public utilities and interstate 

natural gas pipelines are not obligated to post pending or proposed tariffs.13

 12 AOPL Comments at 3.

13 Id. at 4.
Docket No. RM12-15-000 6

12. AOPL then requests the Commission eliminate the proposed requirement to post 

suspended tariff filings unless the suspended filing is subject to the maximum sevenmonth suspension period under the ICA. AOPL rationalizes that suspended tariff filings 

will be served on all interested parties in accordance with section 341.2(a) of the 

Commission’s regulations and that posting suspended tariffs may cause confusion 

because tariffs are often only suspended for a nominal period.14

13. AOPL also asks for 30 days from the date the Commission issues an order 

approving or suspending a tariff for an oil pipeline to post an update of that tariff record 

on its public website. AOPL contends 30 days are necessary for an oil pipeline to

coordinate with information technology staff to post a tariff, but would still allow entities 

to access the tariff in a timely manner.

c. Commission Decision

14. The Commission adopts, with a minor modification, the NOPR proposal to modify 

section 341.0(a)(7) to require each oil pipeline to electronically post its currently 

effective, pending and suspended tariffs on its public web sites and eliminate references 

to making the tariffs available at the carrier’s place of business. While the Commission 

will retain the requirement to post all currently effective, pending and suspended tariffs, 

as discussed below section 341.0(a)(7) will not require an oil pipeline to post tariffs that 

are suspended for a nominal period.

 14 Id. (citing 18 CFR 431.2(a)).
Docket No. RM12-15-000 7

15. The Commission rejects AOPL’s request to strike the word “proposed” from 

revised section 341.0(a)(7). The Commission does not adopt AOPL’s suggestion to 

eliminate the requirement to post pending or suspended tariff records because oil 

pipelines already have an obligation to post effective, pending and suspended tariffs 

under the Commission’s current regulations.15 The changes adopted in this Final Rule 

are not intended to modify this existing substantive requirement. Rather, they were 

intended to reduce the burden on interstate oil pipelines of compliance with Commission 

regulations while increasing the ease of accessing oil pipeline tariffs for shippers, the 

public, and possibly the oil pipelines themselves.

16. Although proposed tariff changes are available through eLibrary or the 

Commission’ eTariff Public Viewer,16 the Commission notes that proposed tariffs are not 

substitutes for the actual tariffs in effect and applicable to shippers on a given day. Thus, 

an oil pipeline must post the currently effective tariff and shippers should be able to view

such posting as well as any proposed or suspended tariffs going into effect. This Final 

Rule does not change this requirement. Additionally, although proposed tariffs are 

available through eLibrary or eTarriff, shippers and other interested parties inexperienced 

 15 18 CFR 341.0(b)(4) (2012). 

16 The Commission’s eTariff Public Viewer may be found via the following link: 

http://etariff.ferc.gov/TariffList.aspx. 
Docket No. RM12-15-000 8

with accessing information from the Commission’s website will benefit from oil 

pipelines posting tariffs on their public websites. 

17. The Commission agrees with AOPL, as a practical matter, that it could be 

cumbersome and uninformative to post tariff records that are suspended for only a 

nominal period because minimally suspended tariffs could move from a pending status to 

a suspended status to an effective status on the same date. Accordingly, the Commission 

will eliminate the posting requirements for tariffs suspended for only a nominal period. 

However, the Commission notes oil pipelines are still required by section 341.0(b)(4) to 

identify any tariff records that remain in a suspended status. To the extent that AOPL is 

arguing for not posting tariff records that are suspended for periods longer than a minimal 

period, the Commission does not agree with such a proposed change. 

18. The Commission notes that a notation of “suspended” designation is one of many 

ways an oil pipeline could denote a suspended tariff record. The Commission is not 

mandating any specific way to mark the status of effective, pending or suspended tariff 

records as long as the method used is reasonably clear. 

19. The Commission rejects AOPL’s suggestion that oil pipelines be given 30 days 

from the date the Commission issues an order approving or suspending a tariff for an oil 

pipeline to post an update of that tariff record on its public website. Section 341.0(b)(4), 

which the Commission does not propose to change in this proceeding, does not provide 

any timeline for when tariffs are to be updated. Oil pipelines are required by the ICA to 
Docket No. RM12-15-000 9

post and keep open for public inspection their tariffs for all transportation services they 

provide.17 Shippers should reasonably expect that, when they view an oil pipeline’s 

tariff, they will find the rates, terms and conditions applicable to the transportation 

service they are interested in or for which they are receiving transportation service. 

AOPL did not identify any reason as to why maintenance of an electronic tariff cannot 

meet the timing standards currently met for paper tariffs.

2. Service of Filings 

a. NOPR

20. The Commission also proposed revising section 341.2(a) of its regulations to be 

more consistent with section 385.2010 of its regulations by eliminating an oil pipeline’s 

option to “serve tariff publications and justifications to each shipper and subscriber” by 

paper.

18 Section 385.2010(f)(2) currently provides that, subject to certain limitations and 

exceptions, “service of any document in proceedings commenced on or after March 21, 

2005, must be made by electronic means. . . .”19 The Commission’s proposed change 

will create a uniform service requirement for all Commission-regulated entities and 

 17 49 U.S.C. app. 6(1).

18 The Commission recognizes that the NOPR could be read to indicate that only 

service by paper is currently provided for in section 341.2(a). See NOPR at P 7. 

However, section 341.2(a) of the Commission’s regulations allowed for service either 

electronically or by paper, so while existing section 341.2(a) provides for electronic or 

paper service, the proposal was to remove the option of paper service and require, 

consistent with Order No. 714, exclusively electronic service. 

19 18 CFR 385.2010(f)(2) (2012).
Docket No. RM12-15-000 10

eliminate any ambiguity regarding the Commission’s preferred mode of service. 

Moreover, the Commission’s proposal will reduce the burden on interstate oil pipelines 

while increasing the ease of tracking document filing activity and potentially reducing 

mailing and courier fees.

b. Comments

21. A4A asks the Commission to specify the methods of service that will be allowed 

under the amended section 341.2(a) of its regulations. A4A believes that section 

385.2010 is confusing as it is focused on service in existing proceedings. A4A suggests 

citing section 385.2010(f) of the Commission’s regulations instead of the more generic 

section 385.2010. A4A also requests that the Commission require carriers to serve all 

filings or orders that affect rates, terms, or conditions on shippers in accordance with the 

requirements of revised section 341.2(a).20 

22. AOPL supports referencing section 385.2010(f)(2) in proposed section 341.2(a).21 

AOPL believes that reference will help clarify the service requirements for tariff filings 

to the benefit of oil pipelines and shippers alike. 

c. Commission Decision

23. The Commission adopts the NOPR proposal to revise section 341.2(a) of its 

regulations to require an oil pipeline to serve tariff publications and justifications to each 

 20 A4A Comments at 4.

21 AOPL Comments at 6.
Docket No. RM12-15-000 11

shipper and subscriber electronically. To do so, the Commission will revise its 

regulations to require that service “shall be made in accordance with the requirements of 

[section] 385.2010” of the Commission’s regulations.

24. Contrary to A4A’s assertion, section 385.2010 of the Commission’s regulations 

does not only relate to existing proceedings. Rather section 385.2010 applies to both 

existing and new proceedings, and rulemakings. Section 385.2010 provides that service 

is not limited to just those on the official service list, but also includes any other person 

“required to be served under Commission rule or order or under law.” 

25. The Commission declines to limit the service reference to subsection 385.2010(f). 

Section 385.2010 addresses additional service requirements that may apply to an oil 

pipelines’ service obligations. For these reasons, the Commission rejects A4A’s and 

AOPL’s recommendation to modify section 341.2(a) to reference 385.2010(f). 

3. Index of Effective Tariffs 

a. NOPR

26. As part of its efforts to eliminate unnecessary filing requirements, the Commission 

also proposed changing section 341.9 of its regulations, which specifies the information 

that an oil pipeline’s tariff index must contain and how it must be organized. Section 

341.9(a) of the Commission’s regulations provides that each Commission-regulated 

“carrier must publish as a separate tariff publication under its FERC Tariff numbering 
Docket No. RM12-15-000 12

system, a complete index of all effective tariffs to which it is a party ....”

22 Section 

341.9(e) further provides that the “index must be kept current by supplements numbered 

consecutively” that may be issued quarterly. At a minimum, the index must be reissued 

every four years.23 

27. The Commission proposed to eliminate the requirement that each oil pipeline 

make a tariff filing setting forth an index of all effective tariffs to which it is a party and 

replace such requirement with an obligation that each oil pipeline post an index of its 

tariffs on its public web site(s).

24 The Commission also proposed simplifying the 

information oil pipelines must include by requiring that the index of tariffs identify for 

each tariff: (1) the product being shipped and (2) the origin and destination points for 

that product.25 The Commission further proposed that each oil pipeline update the online 

index of tariffs within ninety (90) days of any change.26 The Commission stated that its 

proposal would eliminate the need of an oil pipeline to make the quadrennial and 

intermediate supplemental tariff filings.

27 The Commission also reasoned the posting of 

 22 18 CFR 341.9 (a) (2012). 

23 18 CFR 341.9(e) (2012). 

24 NOPR, FERC Stats. & Regs. ¶ 32,694 at P 9.

25 Id.

26 Id.

27 Id. P 10.
Docket No. RM12-15-000 13

the index of tariffs on an oil pipeline’s public web site would provide shippers with more 

current information as the index of tariffs would be able to be updated more frequently 

under the proposal. Importantly, the Commission also concluded that this proposal 

would simplify what is required to be contained in the index of tariffs while easing access 

to this information for current shippers and prospective shippers.

28

28. Many oil pipelines only have one or two tariffs on file with the Commission. 

Therefore, the Commission proposed to require only oil pipelines with more than two 

tariffs to maintain an index of tariffs on their public web sites.

29 The Commission 

estimated that the proposed changes to the index of tariff requirements will eliminate 

approximately twenty-two unnecessary filings each year.30 These changes will provide 

shippers and the public with more timely information and in a more useful manner while 

reducing the burden of Commission filings. 

b. Comments

29. AOPL does not oppose the proposed revisions to the index of effective tariffs and 

finds them reasonable.31 A4A and Valero propose to revise section 341.9(a)(5) to 

identify the specific origins and destination for each product or products covered by the 

 28 Id.

29 Id. P 11.

30 Id.

31 AOPL Comments at 6.
Docket No. RM12-15-000 14

tariff.32 They believe such information will eliminate ambiguities regarding the tariffs 

that cover multiple products with multiple origins and destinations.

c. Commission Decision

30. The Commission adopts the NOPR proposal, as modified by A4A and Valero, to 

amend section 341.9 to require only those oil pipelines with more than two tariffs to 

maintain an index of tariffs on their public web sites, simplify the information each oil 

pipelines must include in its index of tariffs and to eliminate the need of an oil pipeline to 

make the quadrennial and intermediate supplemental tariff filings. The Commission 

finds that the language suggested by A4A and Valero revising the Commission’s 

proposal regarding section 341.9(a)(5) is reasonable and provides additional clarity. 

31. The Commission intends for the Index of Tariffs to be a simple way for interested 

parties to see what products are carried under a tariff and their origin and destination 

points. The language as originally proposed left open the possibility that products and 

points of origin and delivery could be aggregated, which was not the Commission’s 

intent. Identifying the specific origins and destination for each product or products 

covered by the tariff makes the Commission’s intent for the Index of Tariffs clearer. 

Thus, the Commission will include this provision in the regulations adopted by this Final 

Rule.

 32 A4A Comments at 5 and Valero Comments at 2.
Docket No. RM12-15-000 15

B. Electronic Updates and Filing Requirements

32. The Commission pointed out in the NOPR that many of the tariff filing and tariff 

maintenance requirements currently set forth in Part 341 of the Commission’s regulations 

are premised on the maintenance of paper records.33 Since the implementation of Order 

No. 714, however, some oil pipeline tariff filings are now obsolete. In light of these 

changes, the Commission proposed removing the filing requirements for amendments to 

tariffs provided for under section 341.4 of the Commission’s regulations, including the 

amendment and suspension requirements.

1. Tariff Supplements/ Amended, Canceled or Reissued Tariff 

Supplement Data/ Cancelling Tariffs 

a. NOPR

33. Section 341.4(a)(1) of the Commission’s regulations allows an oil pipeline’s tariff 

to be supplemented only once.34 In the NOPR, the Commission concluded that this 

provision is now outdated because it is practical for oil pipelines to modify electronic 

tariffs at any time. Accordingly, the Commission proposed to delete section 341.4(a)(1). 

34. Section 341.4(a)(2) of the Commission’s regulations sets forth the requirements 

for maintenance of oil pipeline tariffs that are amended, canceled, or reissued. 35 In Order 

 33 NOPR, FERC Stats. & Regs. ¶ 32,694 at P 12.

34 18 CFR 341.4(a)(1) (2012) (limiting supplements to “one effective supplement 

per tariff, except for cancellation, postponement, adoption, correction, and suspension 

supplements.”).

35 18 CFR 341.4(a)(2) (2012).
Docket No. RM12-15-000 16

No. 714, the Commission required oil pipelines to maintain Record Version Numbers for 

each tariff record.36 The Commission noted that data is now maintained electronically 

and the provisions set forth in section 341.4(a)(2) are obsolete. Consequently, the 

Commission proposed to delete section 341.4(a)(2).37

35. The Commission also proposed to consolidate the instructions for cancellation of 

tariffs into section 341.5 of the Commission’s regulations.38 Section 341.4(b) of the 

Commission’s regulations requires oil pipelines to file supplements to an amendment to a 

tariff “when tariffs are canceled without reissue.”39 Section 341.5 of the Commission’s 

regulations also details requirements in the event that an oil pipeline’s tariff is canceled. 

Rather than addressing cancelation in two separate regulations, the Commission proposed 

to consolidate and simplify the requirements relating to oil pipeline tariff cancelations 

into section 341.5 of the Commission’s regulations by detailing that if an oil pipeline 

tariff is no longer offered, then the oil pipeline must cancel such tariff within thirty days 

of the termination of the tariff. 

 36 Record Version Number is the representation of the version of the Tariff 

Record. See Implementation Guide for Electronic Filing of Parts 35, 154, 284, 300 and 

341 Tariff Filings (Implementation Guide) located on the Commission web site.

37 NOPR, FERC Stats. & Regs. ¶ 32,694 at P 14.

38 18 CFR 341.5 (2012).

39 18 CFR 341.4(b) (2012). See also 18 CFR 341.3(b)(10)(ii) (2012) (detailing 

tariff reissuance requirements). 
Docket No. RM12-15-000 17

b. Comments

36. AOPL supports the proposed revisions to Part 341 to reflect the electronic tariff 

filing procedures that have been implemented pursuant to Order No. 714.40 A4A also 

supports the proposed revision but asks the Commission to “ensure that any of the [oil] 

pipeline’s filings or supplements and/or tariff cancellations, are serviced in accordance 

with section 341.2(a).”41

c. Commission Decision

37. The Commission adopts the NOPR’s proposals as to tariff supplements, amended, 

canceled, or reissued tariff supplement data, and canceling tariffs. The Commission 

declines to adopt A4A’s request because the Commission’s service obligations under 

proposed 341.2(a) and 385.2010 are self explanatory. 

2. Suspension Supplements 

a. NOPR

38. The Commission further proposed to eliminate the filing requirements for oil 

pipeline suspension supplements required by section 341.4(f) of the Commission’s 

regulations. Section 341.4(f) currently provides that a “suspension supplement must be 

filed for each suspended tariff or suspended part of a tariff within 30 days of the issuance 

 40 AOPL Comments at 4.

41 Id.
Docket No. RM12-15-000 18

of a suspension order.”42 Section 341.4(f) additionally provides that the suspension 

supplement must be served on all subscribers. 

39. The suspension supplement tariff record filing was originally premised on the 

maintenance of paper tariff records and the service of such paper tariff records, which is 

now obsolete because of the electronic filing requirements of Order No. 714.43 

Accordingly, the Commission proposed to eliminate the current filing requirements of 

section 341.4(f) and to replace them with an obligation for oil pipelines to serve notice of 

Commission suspension orders on individual oil pipeline subscriber lists. The 

Commission concluded that this would eliminate the tariff filing for the suspension 

supplement, as well as subsequent filings an oil pipeline must make to remove a 

suspension supplement. The Commission estimated that this will eliminate 

approximately twelve filings each year.

b. Comments

40. AOPL supports the elimination of suspension supplements, but asks the 

Commission to “eliminate any requirement” for oil pipelines “to serve suspension orders 

on individual subscriber lists after a transition period. . . .”44 AOPL notes that shippers 

may access suspension orders through the Commission’s eLibrary and the Commission 

 42 18 CFR 341.4(f) (2012).

43 NOPR, FERC Stats. & Regs. ¶ 32,694 at P 17.

44 AOPL Comments at 7.
Docket No. RM12-15-000 19

does not require any other Commission-jurisdictional entities to serve a Commission 

order on their subscriber lists.

45 

41. Valero, on the other hand, requests that oil pipelines be required to post 

suspension supplements on their public web sites in addition to serving the Commission 

suspension orders on those included on a subscriber list.46

c. Commission Decision

42. The Commission adopts the NOPR proposal to eliminate the filing requirements 

for oil pipeline suspension supplements required by section 341.4(f) of the Commission’s 

regulations, but declines to adopt the proposal to require oil pipelines to serve notice of 

Commission suspension orders on individual oil pipeline subscriber lists. However, the 

Commission will not adopt Valero’s request that pipelines post suspension 

supplements.

47 

43. Valero’s proposal to create and post a suspension supplement would be 

duplicative of the requirement for oil pipelines to post suspended tariff records. Under 

section 341.4(f), a suspension supplement consists of a tariff record that contains the 

ordering paragraphs of the Commission’s suspension order. Since the issuance of Order 

No. 714, the status of a tariff record is now maintained as part of an electronic tariff, not a 

 45 Id. at 8.

46 Valero Comments at 3.

47 The Commission notes that no change to the regulations is required as the result 

of this finding. The NOPR did not contain a regulation to implement this proposal.
Docket No. RM12-15-000 20

paper tariff. Shippers’ and interested parties’ access to this information is protected 

because Commission issuances are available on eLibrary and the Federal Register. 

Further, the Commission serves its issuances on those entities that have intervened in the 

tariff proceeding and who have eSubscribed to the tariff proceeding.48

44. With respect to requiring oil pipelines to serve their subscriber lists with 

Commission issuances, the Commission notes that it does not require regulated entities in 

any other tariff program to serve Commission issuances on their customers. For these 

reasons, the Commission will not require oil pipelines to serve their subscriber lists with 

Commission issuances nor require oil pipelines to post suspension supplements.

3. Amendments to Tariffs 

a. NOPR

45. The Commission proposed further revisions to section 341.4 of its regulations to 

treat all amendments to pending tariffs, whether ministerial or substantive, in the same 

manner as they are treated for public utilities and natural gas companies. 49 The 

Commission’s regulations do not allow an oil pipeline to make non-ministerial tariff 

changes without filing to withdraw any pending proposal and making a new tariff filing. 

 48 The Commission notes that any person, regardless of whether they are a party to 

the proceeding, a shipper, a subscriber or simply an interested person, may receive an 

email notification from the Commission with a link to eLibrary of every document filed 

by the parties or the Commission in a proceeding through the Commission’s free 

eSubscription service. The eSubscription service is located at http://www.ferc.gov/docsfiling/esubscription.asp. 

49 NOPR, FERC Stats. & Regs. ¶ 32,694 at P 18.
Docket No. RM12-15-000 21

Section 341.4(e) of the Commission’s regulations only permits an oil pipeline to file no 

more than three “correction supplements” to correct “typographical or clerical errors” per 

tariff.50 

46. In the electronic filing environment established by Order No. 714, the 

Commission no longer sees a reason to limit the number of times an oil pipeline may 

make corrections to a tariff record. Thus, the Commission proposed to revise section 

341.4 of its tariff to treat all amendments to pending tariff records, the same, whether 

ministerial or substantive to allow an oil pipeline to file to amend or to modify a tariff 

record at any time during the pendency of any Commission action on such tariff record. 51 

In addition, the Commission proposed to create a tariff record amendment process that 

parallels the existing business process for amending pending statutory tariff filings under 

its public utility and natural gas programs.52 Under these proposals, an oil pipeline will 

be able to keep its requested effective date from its original tariff record filing, while 

giving interested parties a full comment period to address any issues relating to a 

proposed amendment. Pursuant to proposed section 341.4, an amendment to a pending 

tariff filing will toll the notice period as provided in section 341.2(b) of the 

 50 18 CFR 341.1(e) (2012).

51 NOPR, FERC Stats. & Regs. ¶ 32,694 at P 19.

52 18 CFR 35.17(b) and 18 CFR 154.205(b) (2012) (respectively).
Docket No. RM12-15-000 22

Commission’s regulations for the original filing, and establish a new date for final 

Commission action. 

b. Comments

47. A4A supports the proposed changes but seeks a service requirement.53 AOPL 

supports the proposed revision but requests that the Commission modify the language in 

proposed section 341.4 to reflect the intent of the NOPR. Specifically, AOPL points out 

that “while the NOPR explains that, under the proposed regulations, ‘an oil pipeline will 

be able to keep its requested effective date from its original tariff record filing,’ the 

proposed language in Section 341.4 provides that filing an amendment or modification to 

a tariff filing will ‘establish a new date on which the entire filing will become effective in 

the absence of Commission action, no earlier than 31 days from the date of the filing of 

the amendment or modification.’”54 Accordingly, AOPL requests that the Commission 

modify the proposed language in section 341.4 to reflect the stated intent in the NOPR.55

c. Commission Decision

48. The Commission adopts the NOPR proposal to modify section 341.4 to treat all 

amendments to pending tariff records the same, whether ministerial or substantive, to 

allow an oil pipeline to file to amend or to modify a tariff record at any time during the 

 53 A4A Comments at 4.

54 AOPL Comments at 8.

55 Id.
Docket No. RM12-15-000 23

pendency of the Commission acting on such tariff record, as modified as by AOPL. We 

believe that the language proposed by AOPL more clearly reflects the Commission’s 

intent in proposing the modification. 

4. Adoption

a. NOPR

49. Section 341.6(a) of the Commission’s regulations currently provides an oil 

pipeline must file a tariff and “notify the Commission when there is: (1) [a] change in the 

legal name of the carrier; (2) [a] transfer of all of the carrier’s properties; or (3) [a]

change in ownership of only a portion of the carrier’s property.”56 This filing must be 

made no later than thirty days following such occurrence. This filing is commonly 

known as an “adoption notice.” Sections 341.6(c) and (d) provide the requirements for 

complete and partial adoptions, respectively. When a carrier changes its legal name, 

when ownership of all a carrier’s properties is transferred, or when the ownership of a 

portion of a carrier’s properties is transferred to another carrier, the adopting carrier 

“must file and post an adoption notice. . . .” Under either complete or partial adoption, 

the adopting oil pipeline must make a tariff filing within thirty days following such 

occurrence to bring such tariffs forward.

 56 18 CFR 341.6(a)(1) (2012) (complete adoption); 18 CFR 341.6(c) (2012) 

(partial adoption).
Docket No. RM12-15-000 24

50. To eliminate unnecessary filings, the Commission proposed consolidating the 

adoption notice filing and the filing to integrate the tariff records of the adopting carrier. 

To implement this change, the Commission proposed to model section 341.6 on section 

154.603 of the Commission’s natural gas regulations. Section 154.603 provides that 

“[w]henever the tariff . . . of a natural gas company on file with the Commission is to be 

adopted by another company or person as a result of an acquisition, or merger . . . the 

succeeding company must file with the Commission, and post within 30 days after such 

succession, a tariff filing . . . bearing the name of the successor company.”57 The 

Commission estimated that this proposal will eliminate approximately fifteen Adoption 

Notice filings each year.

58 

b. Comments

51. AOPL seeks clarification that the Commission will modify the proposed language 

in section 341.6 so that it more clearly includes partial adoptions. In addition, AOPL 

requests that the Commission clarify that the proposed change in the business process 

will not change any established practices with regard to the effective date for adoptions. 59

 57 18 CFR 154.603 (2012). 

58 NOPR, FERC Stats. & Regs. ¶ 32,694 at P 21.

59 AOPL Comments at 9.
Docket No. RM12-15-000 25

52. A4A supports the proposed change to 341.6(a) but asks the Commission to retain 

sections 341.6(b) through (d).60 A4A believes the Commission only meant to replace 

section § 341.6(a).

c. Commission Decision

53. The Commission adopts the NOPR proposal to consolidate the adoption notice 

filing and the filing to integrate the tariff records of the adopting carrier, with 

modifications. The Commission agrees with AOPL that the language proposed in the 

NOPR for amending section 341.6 was unclear with regard to partial adoptions. The 

Commission has accordingly changed the language to reflect the Commission’s intent as 

stated in the NOPR and as suggested by AOPL. 

54. The Commission clarifies that it does not intend for this Final Rule to change any 

established practices with regard to the effective date for adoptions.

55. The Commission denies A4A’s request, as sections 341.6(b) through (d) are no 

longer necessary. By removing sections 341.6(b) through (d), the Commission is not 

eliminating the requirement for oil pipelines to update tariffs to reflect adoptions and/or 

cancellations. Those requirements have simply been consolidated in new sections 341.5 

and 341.6. Section 341.6(b) currently provides the notification requirements for 

adoptions. This section is no longer necessary, as adoption filings will be served on each 

 60 A4A Comments at 5-6.
Docket No. RM12-15-000 26

shipper and subscriber on the oil pipeline’s subscription list as required by section 

341.2(a) in the same manner as any other oil pipeline tariff filing. 

56. Sections 341.6(c) and (d) provide instructions for version control and the 

submission of an adoption notice tariff records for complete and partial adoptions. Order 

No. 714 provides a different required method of version control (the data element Record 

Version Number), thus the instructions in section 341.6 are outdated and duplicative. 61 

57. As for the adoption notice tariff record, the Commission intends to eliminate this 

intermediate filing. Oil pipelines should simply file actual tariff records for the services 

that they are adopting. Therefore, the Commission finds there is no need to retain 

sections 341.6(b) through (d).

5. Implementation

a. NOPR

58. The Commission did not propose a specific implementation schedule.

 

 61 Record Version Number is a representation of the version of the tariff record in 

the format of x.y.z. Each version of the tariff record is required to have a unique Record 

Version Number, which increments by one with each filing of the tariff record. The 

Record Version Number must be included as part of the tariff record’s meta data, and 

shown in the tariff text if part of a PDF tariff record. Implementation Guide at pp. 7-9 

and 21.
Docket No. RM12-15-000 27

59. The NOPR noted that if the Commission ultimately adopted the proposals and 

made changes to the types of filings discussed in the preceding paragraphs, the Secretary 

of the Commission will issue a revised list of Type of Filing Codes.62 

b. Comments

60. AOPL proposes a 90 day implementation period from the date of issuance of the 

Final Rule for oil pipelines to set up and post their first set tariffs on their web sites. 

c. Commission Decision

61. The Commission agrees with AOPL that 90 days is a reasonable timeframe to 

make sure systems and software are in place to post tariffs on a public website. The 

Commission notes that this rule will become final 30 days after publication in the Federal 

Register. Therefore, the Commission establishes the date for the posting of tariff material 

on the oil pipelines’ web sites as 90 days after publication of this Final Rule in the 

Federal Register. 

C. Other Issues – Requests for Additional Changes to Part 341

62. Commenters raise multiple issues related to other aspects of oil pipeline 

regulation. These issues and requests are beyond the scope of this proceeding which is 

limited to bringing Part 341 up to date in the electronic age, and is focused on eliminating 

unnecessary filing requirements. 

 62 See 18 CFR 375.302(z) (2012). The Implementation Guide describes the Type 

of Filing contents. The Type of Filing Code list is posted on the Commission’s web site 

at http://www.ferc.gov/docs-filing/etariff/filing_type.csv. 
Docket No. RM12-15-000 28

63. A4A requests that the Commission require oil pipelines to post, if applicable, their 

grandfathered rate tariffs.63 A4A states that it can be difficult to find records regarding 

the rates that were grandfathered.

64. The Commission will not require oil pipelines to post their grandfathered rate 

tariffs on their web sites. The Commission finds that such a requirement goes beyond the 

scope of the instant rulemaking. The proposals set forth in the NOPR were designed 

solely to bring Part 341 up to date in the electronic age. Currently, Part 341 only requires 

posting of current, proposed, and suspended tariffs and the Commission does not intend 

to change the substance of that requirement.64

65. The NPGA requests the Commission amend section 341.8 to require oil pipelines 

to disclose and post requirements for handling transmix and the specific rates for 

transmix. 

66. The Commission finds that oil pipelines already are required to disclose 

requirements for handling transmix and the rates for transmix that is part of a 

 63 Under the Energy Policy Act of 1992, rates that were in effect on October 24, 

1992 and not subject to a protest, investigation or complaint in the prior year, were 

deemed to be “grandfathered.” Energy Policy Act of 1992, Pub. L. No. 102-486, 106 

Stat. 3010 (Oct. 24, 1992).

64 The Commission notes that all the superseded paper oil pipeline tariffs 

maintained by the Commission, including the grandfathered tariffs, are available in

eLibrary. The Commission posted a guide on how to search eLibrary for these 

superseded tariffs at http://www.ferc.gov/docs-filing/etariff/oil-ica.pdf. All ICA oil 

pipeline tariffs that are in effect are in eTariff’s electronic format. 
Docket No. RM12-15-000 29

transportation service under section 341.8. Therefore, no modification to section 341.865

or the posting requirements of proposed section 341.0(a)(7) is necessary. 

67. A4A and NPGA request that an oil pipeline be required to post all policies 

regarding prorationing and inventory, as well as all policies and manuals applicable to 

transportation of products on the oil pipeline on its website in addition to tariffs.

68. Consistent with existing policy, the Commission will not require the oil pipelines 

to post on their company website all policies and manuals applicable to transportation of 

products. However, if the oil pipeline references the policies and manuals in its tariff, 

then it must post that information on its website. Moreover, this request goes beyond the 

scope of the NOPR. In addition, A4A’s and NPGA’s request includes an expansive 

number of documents that they request be posted on the pipeline’s website. However, 

they do not explain the shippers’ need for this information or why the Commission’s 

existing tariff content requirements, such as section 341.8, are inadequate. 

 65 18 CFR 341.8 (2012) provides:

Terminal and other services.

Carriers must publish in their tariffs rules governing such 

matters as prorationing of capacity, demurrage, odorization, 

carrier liability, quality bank, reconsignment, in-transit 

transfers, storage, loading and unloading, gathering, 

terminalling, batching, blending, commingling, and 

connection policy, and all other charges, services, 

allowances, absorptions and rules which in any way increase 

or decrease the amount to be paid on any shipment or which 

increase or decrease the value of service to the shipper. 

(Emphasis added.)
Docket No. RM12-15-000 30

69. A4A also requests that e-mails involving notification of a rate or tariff change be 

clearly marked with the subject “rate or tariff change.”66 On the subject of email, NPGA 

asks that the Commission require oil pipelines to notify up to three email addressees per 

company, and to provide links on their websites to allow parties to sign up for e-mail 

updates on filings, and that rate change emails be clearly marked as such. 67 NPGA and 

A4A ask the Commission to require oil pipelines to hold pre-filing meetings with 

shippers and to require oil pipelines to hold regular shipper meetings. Lastly, A4A asks 

that the Commission revise its regulations regarding faxing protests.68

70. NPGA also suggests that oil pipelines be required to include current rates and the 

proposed “new” rates in a cover letter when making a tariff change and oil pipelines 

should provide an explanation and related work papers showing the allocation of costs for 

the rates and the method used to achieve the allocation.69 Finally NPGA also requests the 

period to file interventions and protests be changed from 15 days to 60 days.

71. The Commission declines to adopt these suggestions as they address issues that 

are outside the scope of the proposed NOPR. Nonetheless, the Commission encourages

 66 A4A Comments at 6.

67 NPGA Comments at 2.

68 A4A Comments at 7.

69 NPGA Comments at 2.
Docket No. RM12-15-000 31

shippers to speak directly with their respective oil pipeline(s) if they wish to have 

meetings. 

72. The Commission also agrees with NPGA that any emails from oil pipelines that 

include notice of tariff filings should be clearly marked, as this issue goes to the adequacy 

of service that oil pipelines provide. However, the Commission will not mandate a 

specific approach. 

73. Similarly, the Commission agrees that all oil pipeline tariffs should be fully 

supported. However, the Commission’s regulations already provide that oil pipelines 

must support their proposals.70 The Commission concludes that the existing procedures 

that permit a filing to be protested on the basis that it was unsupported are adequate. 

Such protests can lead to the Commission suspending the proposed Tariff and 

establishing additional procedures, such as a hearing and/or settlement judge, to complete 

the record.

V. Information Collection Statement

74. The Office of Management and Budget (OMB) regulations require approval of 

certain information collection requirements imposed by agency rules.71 Upon approval 

of a collection(s) of information, OMB will assign an OMB control number and an 

expiration date. Respondents subject to the filing requirements of an agency rule will not 

 70 See, e.g., 18 CFR 342.3(b), 342.4 and Part 346.

71 5 CFR 1320 (2012).
Docket No. RM12-15-000 32

be penalized for failing to respond to these collections of information unless the 

collections of information display a valid OMB control number. The Paperwork 

Reduction Act (PRA)72 requires each federal agency to seek and obtain OMB approval 

before undertaking a collection of information directed to ten or more persons or 

contained in a rule of general applicability.73 

75. The Commission is submitting these reporting requirements to OMB for its review 

and approval under section 3507(d) of the PRA. 

76. The Commission’s estimate of the change in Public Reporting Burden and cost 

related to the Final Rule in Docket RM12-15-000 follow.

77. The revised regulations will eliminate or reduce several filing requirements as 

obsolete and no longer necessary. The eliminated or reduced filings include the filing of 

Index of Tariffs, reduced number of adoption filings, eliminated suspension supplements, 

and reduced number of filings necessary to amend incorrect filings. Based upon a review 

of the filings made by interstate oil pipelines since eTariff was implemented in April 

2010, the Commission estimates a reduction of 99 tariff filings and 1,082 burden hours 

per year, as shown in the table below. 

 72 44 U.S.C. 3501-3520 (2012).

73 OMB’s regulations at 5 CFR 1320.3(c)(4)(i) (2012) require that “Any 

recordkeeping, reporting, or disclosure requirement contained in a rule of general 

applicability is deemed to involve ten or more persons.”
Docket No. RM12-15-000 33

RM12-15, FERC-550

Reduction in 

Filings

Est. Hours 

per Filing

Total 

Hours

Total Cost 

Reduction74

Revised 341.4, 

Amendments to tariff 

filings 50 11 550 $30,250

Revised 341.6, Adoption of 

the tariff by a successor. 15 11 165 $9,075

Elimination of 341.4(f) 

(Suspension Supplements) 12 11 132 $7,260

Revised 341.9, Index of 

Tariffs 22 11 242 $13,310

Total 99 1,089 $59,895

78. The Commission proposes to revise Part 341’s tariff posting requirements for 

interstate oil pipelines from paper to electronic format. There is no change in burden for 

the oil pipelines to maintain the status of their tariffs for public inspection, as that 

requirement is unchanged. The Commission recognizes that there will be a one-time 

increased burden involved in the initial implementation associated with purchasing 

software and updating websites to post their tariff electronically. We estimate a one-time 

additional cost of $250 per respondent for non-labor costs. Additionally we estimate a 

one-time hourly burden of 20 hours per respondent for updating the web sites for posting 

of the tariffs. 

 74 The cost figure is based on management analyst work at $38.50 per hour. We 

adjusted the $38.50 figure to account for benefits resulting in a loaded figure of $55 per 

hour ($38.5/0.704). We obtained wage and benefit information from Bureau of Labor

Statistics information, 2011 data, at http://bls.gov/oes/current/naics2_22.htm and 

http://www.bls.gov/news.release/ecec.nr0.htm.
Docket No. RM12-15-000 34

RM12-15, 

FERC-550

No. of Oil 

Pipelines 

with Tariffs

Estimated 

Additional 

One-Time 

Burden per 

Filer (Hr.)

Total 

Estimated 

Additional 

One-Time 

Burden 

(Hr.)

Estimated 

Additional 

One-Time 

Non-labor 

Hours Cost 

per Filer ($)

Total Est. 

One Time 

Hourly 

Burden Cost 

per Filer ($)

Revisions to 

18 CFR Part 

341 167 20 3,340 $250 $1,097

Information Collection Costs: 

Total additional one-time non-labor hour cost = $41,750 ($250 per respondent).

75

Savings per year = $468 per respondent.76

Total additional one-time hourly burden cost = $183,199 ($1,097 per respondent).77 

Burden hour savings per year after implementation year = 8.4 hours per respondent

Title: FERC-550, Oil Pipeline: Tariff Filing

 75 The $250 is an aggregate number. Some respondents will incur little to no 

expense in order to satisfy the proposals in this rulemaking. Posting tariffs on a web site 

was already an option under section 341.0(a)(7). Some pipelines already have chosen 

that option and post their tariffs on their web sites and/or have software with that 

functionality.

76 Based on an annual reduction of $59,895 divided by 128, the average number of 

respondents per year. The number of pipelines with tariffs is greater than the number of 

respondents because not all pipelines with tariffs make tariff filings every year.

77 The cost figure is based on 5 hours of computer analyst work ($39.02/hour) and 

15 hours of management analyst work ($38.50/hour) resulting in a total of $772.60. We 

adjusted the $772.60 figure to account for benefits resulting in a loaded figure of $1,097 

($772.60/0.704). We obtained wage and benefit information from the Bureau of Labor 

Statistics, 2011 data (at http://bls.gov/oes/current/naics2_22.htm and at 

http://www.bls.gov/news.release/ecec.nr0.htm).
Docket No. RM12-15-000 35

Action: Revisions to the FERC-550

OMB Control No: 1902-0089

Respondents: Public and non-public utilities

Frequency of Responses: Initial implementation and ongoing reduction in burden

Necessity of the Information: The changes in this Final Rule increase transparency to 

both shippers and the public, simplify some filings, reduce the regulatory burden placed 

on oil pipelines, and modernize Part 341 in accordance with the Commission's electronic 

systems.

Internal review: The Commission has reviewed the changes and has determined that the 

changes are necessary. These requirements conform to the Commission’s need for 

efficient information collection, communication, and management within the energy 

industry. The Commission has assured itself, by means of internal review, that there is 

specific, objective support for the burden estimates associated with the information 

collection requirements.

Interested persons may obtain information on the reporting requirements by contacting: 

Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426 

[Attention: Ellen Brown, Office of the Executive Director, e-mail: 

DataClearance@ferc.gov, Phone: (202) 502-8663, fax: (202) 273-0873]. Comments on 

the requirements of this rule may also be sent to the Office of Information and Regulatory 

Affairs, Office of Management and Budget, Washington, DC 20503 [Attention: Desk 
Docket No. RM12-15-000 36

Officer for the Federal Energy Regulatory Commission]. For security reasons, comments 

should be sent by e-mail to OMB at oira_submission@omb.eop.gov. Please reference 

OMB Control No. 1902-0089, FERC-550 and the docket number of this rulemaking in 

your submission.

VI. Environmental Analysis

79. 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.78 The actions taken here fall within categorical exclusions in 

the Commission’s regulations for information gathering, analysis, and dissemination.79 

Therefore, an environmental assessment is unnecessary and has not been prepared in this 

rulemaking. 

VII. Regulatory Flexibility Act

80. The Regulatory Flexibility Act of 1980 (RFA) 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.80 Agencies are not required 

to make such an analysis if a rule would not have such an effect. 

 78 Regulations Implementing the National Environmental Policy Act, Order No. 

486, FERC Stats. & Regs., Regulations Preambles 1986-1990 ¶ 30,783 (1987).

79 18 CFR 380.4(a)(5) (2012).

80 5 U.S.C. 601-12 (2012).
Docket No. RM12-15-000 37

81. The Commission does not believe that this Final Rule will have a significant 

impact on small entities, nor will it impose upon them any significant costs of 

compliance. The Commission identified 29 small entities as respondents to the 

requirements in the final rule.81 As explained above, the changes to Part 341 of the 

Commission’s regulations will only impose a small burden in the first year ($1,347 per 

respondent) and will result in net savings for other years ($468 per respondent). The 

Commission does not estimate that there are any other regulatory burdens associated with 

this final rule. Thus, the Commission certifies that the Final Rule does not have a 

significant economic impact on a substantial number of small entities.

VIII. Document Availability

82. In addition to publishing the full text of this document in the Federal Register, the 

Commission provides all interested persons an opportunity to view and/or print the 

contents of this document via the Internet through FERC's Home Page 

(http://www.ferc.gov) and in FERC's Public Reference Room during normal business 

hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street, NE, Room 2A, 

Washington DC 20426.

 81 The RFA definition of “small entity” refers to the definition provided in the 

Small Business Act, which defines a “small business concern” as a business that is 

independently owned and operated and that is not dominant in its field of operation. 

15 U.S.C. 632 (2012). The Small Business Size Standards component of the North 

American Industry Classification System defines a small oil pipeline company as one 

with less than 1,500 employees. See 13 CFR Parts 121, 201 (2012). 
Docket No. RM12-15-000 38

83. From FERC's Home Page on the Internet, this information is available on 

eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft 

Word format for viewing, printing, and/or downloading. To access this document in 

eLibrary, type the docket number excluding the last three digits of this document in the 

docket number field.

84. User assistance is available for eLibrary and the FERC’s website during normal 

business hours from FERC Online Support at (202) 502-6652 (toll free at 1-866-208-

3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 

502-8371, TTY (202) 502-8659. E-mail the Public Reference Room at 

public.referenceroom@ferc.gov.

IX. Effective Date and Congressional Notification

85. These regulations are effective [insert date 30 days from publication in Federal 

Register]. The Commission has determined, with the concurrence of the Administrator of 

the Office of Information and Regulatory Affairs of OMB that this rule is not a “major 

rule” as defined in section 351 of the Small Business Regulatory Enforcement Fairness 

Act of 1996.
Docket No. RM12-15-000 39

List of subjects in 18 CFR Part 341 

Pipelines,

Reporting and recordkeeping requirements

By the Commission.

( S E A L )

Nathaniel J. Davis, Sr.,

Deputy Secretary.
Docket No. RM12-15-000 40

In consideration of the foregoing, the Commission amends Part 341,

Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 341-OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT 

TO SECTION 6 OF THE INTERSTATE COMMERCE ACT 

The authority citation for Part 341 continues to read as follows: 

Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27. 

1. Section 341.0 is revised to read as follows:

§ 341.0 Definitions; application.

*****

(a) ***

 (7) Posting or Post means making current and proposed and tariffs suspended 

for more than a nominal period available on a carriers’ public website. 

*****

2. § 341.2 [Amended]

Amend § 341.2 as follows:

a. Delete the second sentence in § 341.2.

b. Revise the third sentence of § 341.2(a)(1) to read as follows:

§ 341.2 Filing requirements.

*** Such service shall be made in accordance with the requirements of § 

385.2010 of this chapter.

*****
Docket No. RM12-15-000 41

§ 341.3 [Amended]

3. Amend § 341.3 as follows:

a. Revise paragraph (a) to read as follows:

(a) Tariffs may be filed either by dividing the tariff into tariff 

sections or as an entire document. 

b. Remove paragraph (c).

*****

4. Section 341.4 is revised to read as follows:

. § 341.4 Amendments of tariff filings.

A carrier may file to amend or modify a tariff contained in a tariff filing at any 

time during the pendency of the filing. Such filing will toll the notice period as provided 

in § 341.2(b) for the original filing, and the filing becomes provisionally effective 31 

days from the original filing and, in the absence of Commission action, fully effective 31 

days from the date of the filing of amendment or modification. 

8. Section 341.5 is revised to read as follows:

§ 341.5 Cancellation of tariffs.

Carriers must cancel tariffs when the service or transportation movement is 

terminated. If the service in connection with the tariff is no longer in interstate 

commerce, the tariff publication must so state. Carrier must file such cancellations 

within 30 days of the termination of service.
Docket No. RM12-15-000 42

9. Section 341.6 is revised to read as follows: 

§ 341.6 Adoption of tariff by a successor.

Whenever the tariff(s), or a portion thereof, of a carrier on file with the 

Commission are to be adopted by another carrier as a result of an acquisition, merger, or 

name change, the succeeding company must file with the Commission, and post within 

30 days after such succession, the tariff, or portion thereof, that has been adopted in the 

electronic format required by § 341.1 bearing the name of the successor company.

10. Section 341.7 is revised to read as follows:

§ 341.7 Concurrences.

Concurrences must be shown in the carrier’s tariff and maintained consistent with 

the requirements of Part 341 of this chapter.

§ 341.9 [Amended]

11. Amend § 341.9 as follows:

a. Revise the first sentence of § 341.9(a) to read as follows:

(a) In general. Each carrier with more than two tariffs or concurrences 

must post on its public website a complete index of all effective tariffs to which it is a 

party, either as an initial, intermediate, or delivering carrier.

*****
Docket No. RM12-15-000 43

b. Add § 341.9(a)(5) to read as follows: 

Product Shipped and Origin. Each index must identify, for each tariff, the 

product or products being shipped and the origin and destination points 

specific to each product or products. 

c. Remove paragraphs (b), (c), (d) and (f).

d. Redesignate paragraph (e) as paragraph (b); and is revised to read as follows:

Updates. The index of tariffs must be updated within 90 days of any 

change to an effective tariff.

§ 341.11 [Amended]

12. In § 341.11(b), remove the second sentence.

*****

§ 341.13 [Amended]

13. In § 341.13(c), remove the second sentence.

*****