141 FERC ¶ 61,036

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

18 CFR Part 341

[Docket No. RM12-15-000]

Filing, Indexing and Service Requirements for Oil Pipelines

(Issued October 18, 2012)

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Federal Energy Regulatory Commission proposes to amend Part 341 

of its regulations under the Interstate Commerce Act.1 The Commission proposes 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. 

This proposal is a part of the Commission’s ongoing program 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. 

DATES: Comments are due [INSERT DATE 30 days after publication in the 

FEDERAL REGISTER]

 

1

49 app. U.S.C. 1-85 (2000).
Docket No. RM12-15-000 - 2 -

ADDRESSES: Comments, identified by docket number, may be filed in the following 

ways:

 Electronic Filing through http://www.ferc.gov. Documents created electronically 

using word processing software should be filed in native applications or print-toPDF format and not in a scanned format.

 Mail/Hand Delivery: Those unable to file electronically may mail or hand-deliver 

comments to: Federal Energy Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE, Washington, DC 20426.

Instructions: For detailed instructions on submitting comments and additional 

information on the rulemaking process, see the Comment Procedures Section of this 

document

FOR FURTHER INFORMATION CONTACT:

Aaron Kahn (Technical Issues)

888 First Street, NE

Washington, DC 20426

(202) 502-8339

aaron.kahn@ferc.gov

Michelle A. Davis (Legal Issues)

888 First Street, NE

Washington, DC 20426

(202) 502-8687

michelle.davis2@ferc.gov
141 FERC ¶ 61,036

UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Before Commissioners: Jon Wellinghoff, Chairman;

 Philip D. Moeller, John R. Norris,

 Cheryl A. LaFleur, and Tony T. Clark.

Filing, Indexing and Service Requirements for Oil 

Pipelines

Docket No. RM12-15-000

NOTICE OF PROPOSED RULEMAKING

(Issued October 18, 2012)

1. The Federal Energy Regulatory Commission (Commission or FERC) proposes to 

amend 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.2 This proposal is a part of the Commission’s 

ongoing program 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.

I. Background

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

file rates, fares, and charges for transportation on their systems, and also to file copies of 

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

 

2

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

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

Commission.3 These requirements are reflected in 18 CFR Parts 341 and 357 of the 

Commission’s regulations.4

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 FERCregulated entities be filed electronically according to a set of standards developed in 

conjunction with the North American Energy Standards Board.5 The Commission

adopted Order No. 714, in part, to comply with the Paperwork Reduction Act, the 

Government Paperwork Elimination Act, and the E-Government Act of 2002 by 

developing the capability to file electronically with the Commission via the Internet. As 

relevant here, the Commission reasoned that electronic filing provides for easier tracking 

of document filing activity; potentially reduces mailing and courier fees; allows 

concurrent access to the tariff filing by multiple parties as well as the ability to download 

and print tariff filings; and provides automatic email notification to an applicant of 

receipt of the filing. Consequently, since April 1, 2010, all tariff filings with the 

Commission must be made electronically.6

 

3

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

4

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

requirements of sections 6 and 20 of the ICA).

5

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

6

Id. P 104.
Docket No. RM12-15-000 - 3 -

II. Discussion

4. As noted, sections 6 and 20 of the ICA require interstate oil pipelines to file rates, 

fares, and charges for transportation on their systems, and also to file copies of contracts 

with other common carriers for such traffic. The Commission now proposes an overhaul 

of its regulations in Part 341 that incorporate “housekeeping” changes to eliminate 

obsolete language and sections. The proposed Part 341 changes represent reorganization, 

rewriting, updating, modification, consolidation, and pruning of the current regulations. 

The changes provide for more useful and less burdensome data filed in electronic format. 

In an effort to increase public access to interstate oil pipeline tariffs, reduce interstate oil 

pipelines’ regulatory burden of making tariff filings, and to improve interstate oil pipeline 

service to their shippers, the Commission proposes modifying Part 341 of its regulations.

Many of these changes reflect the requirements established in Order No. 714. 

III. Proposed Revisions 

A. Posting Requirements

1. Eliminating Paper Posting

5. Consistent with the Commission’s goal to streamline its procedures to eliminate 

unnecessary regulatory obligations, the Commission proposes to eliminate the paper 

posting requirements of sections 341.0(a)(7), 341.7, and 341.3(c) of its regulations. 

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

them “available during regular business hours for public inspection in a convenient form 

and place at the carrier’s principal office and other offices of the carrier where business is 

conducted with affected shippers, or placing a copy on the Internet in a form accessible 
Docket No. RM12-15-000 - 4 -

by the public.” Similarly, section 341.7 requires that “[c]oncurrences must be maintained 

at carriers’ offices and produced upon request.”7 Lastly, section 341.3(c) lays out the 

requirements for “loose-leaf tariffs,” i.e., paper tariffs. 

6. The Commission proposes to revise 341.0(a)(7) to eliminate the requirement that

oil pipelines make their tariffs “available for public inspection in a convenient form and 

place at the carriers’ principal office and other offices where business is conducted.” 

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

pipelines, the Commission proposes to mandate that oil pipelines electronically post their 

currently effective, pending and suspended tariffs on their public websites.8 The 

Commission also proposes to revise section 341.7 of its regulations to eliminate the 

requirement that “concurrences be maintained at carriers’ offices” in paper form. In 

conjunction with these changes, the Commission proposes to update section 341.3 of its 

regulations by removing subsection 341.3(c), which references outdated “loose-leaf 

tariffs.” These proposals should reduce the burden on interstate oil pipelines while 

increasing the ease of accessing oil pipeline tariffs for shippers and possibly the oil 

pipelines themselves.

 

7

18 CFR 341.7 (2012). See also 18 CFR 341.0(a)(2) (defining a concurrence as 

the agreement of a carrier to participate in the joint rates or regulations published by 

another carrier).

8

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. See also 18 CFR 35.7 

(2012) (establishing the Public Utility Electronic Filing Requirements) and 18 CFR 

284.12 (2012) (establishing the Natural Gas Electronic Filing Requirements).
Docket No. RM12-15-000 - 5 -

2. Service of Filings 

7. The Commission proposes to revise section 341.1(a) of its regulations to become 

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

obligation to “serve tariff publications and justifications to each shipper and subscriber” 

by paper. Section 385.2010(f)(2) 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 unless the sender and recipient agree otherwise 

or the recipient’s e-mail address is unavailable from the official service list.”

9

 This

proposed change will create a uniform service requirement for all Commission-regulated 

entities and eliminate any ambiguity regarding the Commission’s preferred mode of 

service. Moreover, this proposal should reduce the burden on interstate oil pipelines 

while increasing ease of tracking document filing activity and potentially reducing

mailing and courier fees.

3. Index of Effective Tariffs

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

proposes to make changes to 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 Commissionregulated “carrier must publish as a separate tariff publication under its FERC Tariff 

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

 

9

18 CFR 385.2010 (2012).
Docket No. RM12-15-000 - 6 -

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

numbered consecutively. The supplements may be issued quarterly. At a minimum, the 

index must be reissued every four years.” 

9. The Commission proposes to eliminate the requirement that oil pipelines 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 oil pipelines post the index of tariffs on their 

public websites. The Commission also proposes to simplify 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. The Commission 

further proposes that oil pipelines update the index of tariffs within ninety days of any 

change. 

10. This proposal would eliminate the need of an oil pipeline to make a tariff filing. 

The posting of index tariffs on an oil pipeline’s public website would also provide 

shippers with more current information. Importantly, this proposal would simplify what 

is required to be contained in the index of tariffs without negatively impacting the 

information provided to shippers.

11. Similarly, many oil pipelines only have one or two tariffs on file with the 

Commission. For oil pipelines with a limited number of tariffs, the Commission 

questions the value of an index of tariffs and believes that such index provides little 

benefit to shippers. Therefore, the Commission proposes to require only oil pipelines 

with more than two tariffs to maintain an index of tariffs on their public websites. The 

Commission estimates that the proposed changes to the index of tariff requirements will 
Docket No. RM12-15-000 - 7 -

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

still provide shippers and the public at large with current and useful information, without 

any negative impact. 

B. Electronic Updates and Filing Requirements

12. Many of the tariff filing and tariff maintenance requirements currently stated in 

Part 341 of the Commission’s regulations are premised on the maintenance of paper

records. Since the implementation of Order No. 714, however, some oil pipeline tariff

filings are now obsolete. In light of these changes, as explained below, the Commission 

proposes removing the filing requirements for amendments to tariff provided for under 

section 341.4 of the Commission’s regulations, including the amendment and suspension 

requirements.

1. Tariff Supplements

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

to be supplemented only once.

10

 The Commission believes that this provision is now 

outdated because it is practical for oil pipelines to modify electronic tariffs at any time. 

Accordingly, the Commission proposes to delete the provisions in section 341.4(a)(1). 

 

10 18 CFR 341.4(a)(1) (2012) (limiting supplements to one effective supplement 

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

supplements).
Docket No. RM12-15-000 - 8 -

2. Amended, Canceled or Reissued Tariff Supplement Data 

14. 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.11 In Order 

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

each tariff record.12 Consequently, supersession data is now maintained electronically13

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

Commission proposes deleting these provisions. 

3. Cancelling Tariffs 

15. The Commission proposes to consolidate the instructions for cancellation of tariffs 

into Section 341.5 of the Commission’s regulations.14 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.”15 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 proposes 

 

11 18 CFR 341.4(a)(2) (2012).

12 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.

13 Tariff record supersession data includes the following: Record Current Status, 

Current Effective Date, and FERC Order Date. See eTariff Viewer located on the 

Commission’s web site at http://www.ferc.gov/.

14 18 CFR 341.5 (2012).

15 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 - 9 -

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. 

4. Suspension Supplements 

16. The Commission proposes 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) provides for oil pipelines a “suspension supplement must be filed for 

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

suspension order.”16 Section 341.1(f) further provides that the suspension supplement, 

which must be served on all subscribers, “must include the date it is issued, a 

reproduction of the ordering paragraphs of the suspension order, a statement that the tariff 

or portion of the tariff was suspended until the date stated in the suspension order, a 

reference to the docket number under which the suspension order was issued, and a 

statement that the previous tariff publication remains in effect.” 

17. This suspension supplement tariff record filing was originally premised on the 

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

obsolete because of the electronic filing requirements of Order No. 714. Accordingly, the 

Commission proposes eliminating the current filing requirements of section 341.4(f) and 

replacing them with an obligation of oil pipelines to serve Commission suspension orders 

 

16 18 CFR 341.4(f) (2012).
Docket No. RM12-15-000 - 10 -

on individual pipeline subscriber lists. This will 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 estimates that this will eliminate 

approximately twelve filings each year.

5. Amendments to Tariffs 

18. The Commission proposes 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. 

Section 341.4(e) of the Commission’s regulations limits an oil pipeline from filing more 

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

In contrast, the Commission’s regulations do not allow an oil pipeline to make nonministerial tariff changes without filing to withdraw any pending proposal and making a 

new tariff filing. 

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

Commission does not believe that it should limit the number of times an oil pipeline may 

make corrections to a tariff record. Therefore, the Commission proposes to revise

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

ministerial or substantive, the same to allow an oil pipeline to file to amend or to modify 

a tariff record at any time during the pendency of the Commission acting on such tariff 

record. In addition, the Commission proposes creating a tariff record amendment process 

that parallels the existing business process for amending pending statutory tariff filings 
Docket No. RM12-15-000 - 11 -

under its public utility and natural gas programs.17 Under this proposal, 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. An amendment will toll the notice period as provided in 

section 341.2(b) of the Commission’s regulations, for the original filing, and establish a 

new date for final Commission action. 

6. Adoption

20. Section 341.6(a) 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.” This filing must be made by the oil pipeline “as soon as possible but 

no later than [thirty] days following such occurrence.” This filing is commonly known as 

an “Adoption Notice.” Section 341.6(c) further provides that “when a carrier changes its 

legal name, or 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.” In these instances, the adopting 

oil pipeline must make a tariff filing within thirty days transferring into its Commission

tariff records, the rates that the adopting oil pipeline is adopting (filing to bring tariffs

forward).

 

17 18 CFR 35.17(b) and 18 CFR 154.205(b) (2012) (respectively).
Docket No. RM12-15-000 - 12 -

21. To eliminate unnecessary filings, the Commission proposes consolidating the

Adoption Notice filing and the filing to integrate the tariff records of the adopting carrier. 

To implement this change, the Commission proposes modeling sections 341.6(a) 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.” The 

Commission estimates that this proposal will eliminate approximately fifteen Adoption 

Notice filings each year.

7. Implementation

22. If the Commission adopts the proposed changes to the types of filings discussed 

above, the Secretary of the Commission will issue a revised list of Type of Filing 

Codes.18

IV. Information Collection Statement

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

certain information collection requirements imposed by agency rules.19 Upon approval of 

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

 

18 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. 

19 5 CFR 1320 (2012).
Docket No. RM12-15-000 - 13 -

expiration date. Respondents subject to the filing requirements of an agency 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. The Paperwork 

Reduction Act (PRA)20 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.21 

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

and approval under section 3507(d) of the PRA. Comments are solicited on the 

Commission’s need for this information, whether the information will have practical 

utility, the accuracy of provided burden estimates, ways to enhance the quality, utility, 

and clarity of the information to be collected, and any suggested methods for minimizing 

the respondent’s burden, including the use of automated information techniques.

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

related to the proposed rule in Docket RM12-15-000 follow.

26. The proposed 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 

 

20 44 U.S.C. 3501-3520 (2012).

21 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 - 14 -

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. 

RM12-15, FERC-550 Reduction in 

Filings

Est. Hours 

per Filing

Total 

Hours

Total Cost 

Reduction22

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

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

 

22 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 at http://bls.gov/oes/current/naics2_22.htm and 

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

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. 

RM12-15, 

FERC-550

No. of 

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: The Commission seeks comments on the costs and burden

to comply with these requirements. 

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

23

Savings per year = $468 per respondent.24

 

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

expense in order to satisfy the proposals in this rulemaking as they already post their 

tariffs on their web sites and/or have software with that functionality.

24 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.
Docket No. RM12-15-000 - 16 -

Total additional one-time hourly burden cost = $183,199 ($1,097 per respondent).25 

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

Title: FERC-550, Oil Pipeline: Tariff Filing

Action: Proposed 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 proposals in this Proposed Rule would, if 

implemented, 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 proposed 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.

 

25 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 (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 - 17 -

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 

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 proposed 

rulemaking in your submission.

V. Environmental Analysis

28. The Commission is required to prepare an Environmental Assessment or an 

Environmental Impact Statement for any action that may have a significant adverse effect 

on the human environment.26 The actions taken here fall within categorical exclusions in 

the Commission’s regulations for information gathering, analysis, and dissemination.27 

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

rulemaking. 

 

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

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

27 18 CFR 380.4(a)(5) (2012).
Docket No. RM12-15-000 - 18 -

VI. Regulatory Flexibility Act Certification

29. 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.28 Agencies are not required 

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

30. The Commission does not believe that this proposed 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 proposed rule.29 As explained above, the changes to Part 341 of 

the Commission’s regulations will only impose a small burden in the first year 

($2,460 per respondent), and will result in net savings for other years 

($3,369 per company). 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 would not have a significant economic impact on a substantial number of

small entities.

 

28 5 U.S.C. 601-12 (2012).

29 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 - 19 -

VII. Comment Procedures

31. 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 [INSERT DATE 30 

days after publication in the FEDERAL REGISTER]]. Comments must refer to 

Docket No. RM12-15-000, and must include the commenter's name, the organization 

they represent, if applicable, and their address in their comments.

32. The Commission encourages comments to 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. Documents created electronically using word 

processing software should be filed in native applications or print-to-PDF format and not 

in a scanned format. Commenters filing electronically do not need to make a paper 

filing.

33. Commenters that are not able to file comments electronically must send an 

original of their comments to: Federal Energy Regulatory Commission, Secretary of the 

Commission, 888 First Street NE, Washington, DC 20426.

34. 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.
Docket No. RM12-15-000 - 20 -

VIII. Document Availability

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

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

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

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

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

Washington DC 20426.

36. From the Commission'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.

37. User assistance is available for eLibrary and the Commission’s website during 

normal business hours from the Commission’s 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.
Docket No. RM12-15-000 - 21 -

List of subjects in 18 CFR Part 341

Pipelines

Reporting and recordkeeping requirements

By direction of the Commission.

( S E A L )

Nathaniel J. Davis, Sr.,

Deputy Secretary.
Docket No. RM12-15-000 - 22 -

In consideration of the foregoing, the Commission proposes to amend 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 

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

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

2. Section 341.0 is amended to read as follows:

§ 341.0 Definitions; application.

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(a) ***

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

available on a carrier’s public website.

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§ 341.2 [Amended]

§ 341.2 Filing requirements.

3. Delete the third sentence in paragraph 341.2(a)(1), and replace it with: Such 

service shall be made in accordance with the requirements of § 385.2010 of this 

chapter.

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§ 341.3 [Amended]

§ 341.3 Form of tariff.

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Docket No. RM12-15-000 - 23 -

4. Delete paragraph 341.3(c).

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§ 341.4 [Amended]

§ 341.4 Filing requirements for amendments to tariffs.

5. Delete paragraphs 341.4(a) through (f).

6. 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 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.

7. 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.

8. Section 341.6 is revised to read as follows: 

§ 341.6 Adoption of the tariff by a successor.
Docket No. RM12-15-000 - 24 -

Whenever the tariff(s) 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, a tariff in the electronic format required 

by §341.1 bearing the name of the successor company.

9. Section 341.7 is revised to read as follows:

§ 341.7 Concurrences.

Concurrences must be shown in the carriers’ tariff and maintained consistent 

with the requirements of Part 341 of this chapter.

10. Section 341.9 is amended to read as follows:

§ 341.9 Index of tariffs.

In § 341.9, the first sentence in paragraph (a) is revised to read as follows: 

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.

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11. Add section 341.9(a)(5) to read as follows: 

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

product being shipped and the origin and destination points for that product. 

12. Delete sections 341.9(b), (c), (d) and (f).

13. Paragraph (e) is redesignated paragraph (b) and is revised to read as follows:
Docket No. RM12-15-000 - 25 -

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

change to an effective tariff.

§ 341.11 [Amended]

§ 341.11 Rejection of tariff publications and other filed materials.

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14. (b) Remove the second sentence.

§ 341.13 [Amended]

§ 341.13 Withdrawal of proposed tariff publications.

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15. (c) Remove the second sentence.

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