This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

20835 

Vol. 76, No. 72 

Thursday, April 14, 2011 

1The Anti-Deficiency Act provides that an officer 

or employee of the United States may not: 

(A) Make or authorize an expenditure or 

obligation exceeding an amount in an appropriation 

or fund for the expenditure or obligation; 

(B) Involve [the] government in a contract or 

obligation for the payment of money before an 

appropriation is made unless authorized by law; 

(C) Make or authorize an expenditure or 

obligation of funds required to be sequestered under 

section 252 of the Balanced Budget and Emergency 

Deficit Control Act of 1985; or 

(D) Involve [the] government in a contract or 

obligation for the payment of money required to be 

sequestered under section 252 of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Document No. FAA–2011–0009; Airspace 

Docket No. 10–AWP–20] 

Amendment of VOR Federal Airways 

V–1, V–7, V–11 and V–20; Kona, HI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: This action delays the 

effective date for the amendment of four 

VOR Federal airways in the vicinity of 

Kona, HI; V–1, V–7, V–11 and V–20. 

The FAA is taking this action due to 

procedural changes requiring additional 

flight inspection. 

DATES: The effective date of FR Doc. 

2011–5078, published on March 10, 

2011 (76 FR 13082), is delayed to 0901 

UTC August 25, 2011. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace, Regulations and 

ATC Procedures Group, Office of 

Mission Support Services, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: 

(202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

Airspace Docket No. 10–AWP–20, 

published in the Federal Register on 

March 10, 2011, (76 FR 13082), amends 

VOR Federal Airways V–1, V–7 V–11 

and V–20; Kona, HI. These VHF 

Omnidirectional Range Federal airways 

are being impacted by flight inspection 

delays due to the relocation of the VHF 

Omnidirectional Radio Range and 

Tactical Air Navigation Aid (VORTAC) 

thereby delaying the effective date of 

May 5, 2011, to August 25, 2011. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation (1) is 

not a significant regulatory action under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a Regulatory 

Evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Delay of Effective Date 

The effective date of the final rule, 

Airspace Docket 10–AWP–20, as 

published in the Federal Register on 

March 10, 2011 (76 FR 13082), is hereby 

delayed until August 25, 2011. 

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

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

1963 Comp., p. 389. 

Issued in Washington, DC, on March 30, 

2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–8286 Filed 4–13–11; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Chapter I 

Order of the Commodity Futures 

Trading Commission Relating to the 

Continuation, Shutdown, and 

Resumption of Certain Commission 

Operations in the Event of a Lapse in 

Appropriations 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of order; final order. 

SUMMARY: This order is being issued to 

provide for the continuation, shutdown, 

and resumption of certain operations of 

the Commodity Futures Trading 

Commission in the event of a lapse in 

appropriations, and to alert all persons 

regulated by or engaged in proceedings 

at the Commodity Futures Trading 

Commission of these provisions. 

DATES: This notice and order is effective 

on April 13, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

market oversight matters contact 

Richard A. Shilts, Acting Director, 

Division of Market Oversight, 202–418– 

5275, rshilts@cftc.gov. For clearing and 

intermediary matters, contact John 

Lawton, Deputy Director, 

jlawton@cftc.gov, 202–418–5480; 

Thomas Smith, Deputy Director, 

tsmith@cftc.gov, 202–418–5495; or 

Robert Wasserman, Associate Director, 

rwasserman@cftc.gov, 202–418–5092 in 

the Division of Clearing and 

Intermediary Oversight. 

SUPPLEMENTARY INFORMATION: 

I. Background 

As of 12:01 a.m. on April 9, 2011, the 

continuing resolution that funds many 

Federal government activities is set to 

expire. Unless additional appropriations 

are enacted, Federal departments and 

agencies whose continued operations 

are dependent upon such funding— 

including the Commodity Futures 

Trading Commission (the 

‘‘Commission’’)—will be required to 

execute contingency plans for this lapse 

in appropriations (commonly referred to 

as a ‘‘shutdown’’). Under 31 U.S.C. 1341 

(the ‘‘Anti-Deficiency Act’’), the 

Commission is prohibited from 

expending or obligating any funds in the 

absence of appropriations, subject to a 

narrow set of exceptions.1 One 

exception that applies to the 

Commission is ‘‘emergencies involving 

the safety of human life or the 

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20836 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Rules and Regulations 

2 31 U.S.C. 1342 provides: 

An officer or employee of the United States 

Government * * * may not accept voluntary 

services for [the] government or employ personal 

services exceeding that authorized by law except for 

emergencies involving the safety of human life or 

the protection of property * * *. As used in this 

section, the term ‘‘emergencies involving the safety 

of human life or the protection of property’’ does 

not include ongoing, regular functions of 

government the suspension of which would not 

imminently threaten the safety of human life or the 

protection of property. 

3Memorandum from Walter Dellinger, Assistant 

Attorney General, Department of Justice, Office of 

Legal Counsel, to Alice Rivlin, Director, Office of 

Management and Budget, Aug. 16, 1995, at 2–3. 

4See Orders Regarding the Treatment of Petitions 

Seeking Grandfather Relief for Exempt Commercial 

Markets and Exempt Boards of Trade, 75 FR 56513, 

Sep. 16, 2010. 

5 Generally, the Commission’s regulations define 

business day to exclude only Saturday, Sunday, and 

Federal holidays. Thus, the shutdown would not 

affect the operation of these rules. 

protection of property.’’ 2 It has been 

recognized that certain commodity 

market functions may continue during a 

lapse in appropriations.3 Thus, the 

Commission has designated certain 

essential personnel to fulfill its 

obligation to protect property. 

The Commission’s regulations place a 

number of filing obligations on 

registered entities, intermediaries, 

market participants and the public 

within specified time frames and also 

include provisions relating to requests 

for Commission approval and issuance 

of exemption and interpretative relief 

and guidance with specific time frames 

for Commission action. The 

Commission has reviewed its rules in 

light of its obligation to protect property 

to determine which obligations will 

continue to apply during a lapse in 

appropriation. 

A. Tolling and Extension of Certain 

Procedural Time Limits 

In the event of a lapse in 

appropriations, the Commission will not 

be officially receiving, processing, or 

reviewing filings for Commission 

approval or action that are not directly 

related to the protection of property. 

Matters not directly related to the 

protection of property include rule, rule 

amendment, and contract certifications, 

except for emergency rules certified 

pursuant to regulation 40.6(a)(2); rules, 

rule amendments and contracts 

voluntarily submitted for Commission 

approval; requests for contract market 

designation and derivatives clearing 

organization and derivatives trade 

execution facilities registration; and 

other requests for Commission approval 

or relief. The above-mentioned matters 

do not include any emergency 

notifications that may be required by 

Commission regulations of registered 

entities and intermediaries, or that are 

required by any rule of a registered 

entity that has been approved by or selfcertified to the Commission. 

More specifically, matters not directly 

related to the protection of property 

include filings under regulation 1.47 

and regulation 1.48 (bona fide hedge 

requests), part 36 (notification filings 

and information on trading), part 37 

(derivatives trading execution facility 

applications, certifications of continued 

compliance in situations of merger or 

sale, and demonstrations of compliance 

with the core principles), part 38 

(designated contract market 

applications, certifications of continued 

compliance in situations of merger or 

sale, and demonstrations of compliance 

with the core principles), part 39 

(derivatives clearing organization 

applications, requests for orders 

regarding competition, and 

demonstrations of compliance with the 

core principles), part 40 (rule and 

contract filings (both certifications and 

approvals and requests for confidential 

treatment of submissions)), part 41 

(filing of notice-designated contract 

markets trading security futures 

products), regulations 145.7 and 145.9 

requests (requests for Commission 

records, petitions for confidential 

treatment of information submitted to 

the Commission, and appeals of FOIA 

decisions), regulation 140.99 filings 

(requests for exemptive, no-action and 

interpretive letters), and petitions for 

grandfather relief under section 734 of 

the Wall Street Reform and Consumer 

Protection Act (the ‘‘Dodd-Frank Act’’) 

pursuant to the Commission’s order that 

became effective on September 10, 

2010.4 For matters that are currently 

pending before the Commission 

pursuant to any of these provisions, all 

applicable time deadlines for 

Commission action will be tolled until 

the Commission is able to resume full 

operations. 

Matters not directly related to the 

protection of property also include 

certain procedural rules associated with 

Commission adjudicatory actions, in 

particular certain rules under part 3 

(procedure to deny, condition, or 

suspend, revoke, or place restrictions on 

registration), part 9 (related to review of 

exchange disciplinary, access denial or 

other adverse actions), part 10 (the 

Commission’s rules of practice for 

adjudicatory proceedings before the 

Commission), part 12 (rules related to 

reparations proceedings), and part 171 

(review of National Futures Association 

decisions). For these matters that are 

currently pending before the 

Commission pursuant to any of these 

provisions, all applicable time deadlines 

for Commission action will be tolled 

until the Commission is able to resume 

full operations. Moreover, all applicable 

time deadlines for parties to an 

adjudicative proceeding that arise 

during a lapse in appropriations will be 

extended until one business day after 

the Commission resumes its full 

operations. 

B. Continued Operation of Certain 

Agency Regulations 

The Commission’s regulations also 

impose filing obligations on registered 

entities, intermediaries, market 

participants and the public. The 

Commission has determined that certain 

filing requirements will remain in effect 

in order for the Commission to fulfill its 

obligation to protect property even 

during a lapse of appropriations. 

Accordingly, such filing requirements 

will continue to be in effect during the 

lapse in appropriations and such filings 

will continue to be received and 

processed. This category includes 

regulation 1.10 filings (financial reports 

of futures commission merchants 

(FCMs) and introducing brokers (IBs)), 

regulation 1.12 filings (notice provisions 

required of FCMs and IBs), regulation 

1.17 filings (capital requirements 

(business days would include those 

days the Commission is shutdown for 

purposes of requirements relating to 

margin calls and the computation of 

margin) and any notice provision 

requirements)),5 regulation 1.32 filings 

(segregation calculation (business days 

would include those days the 

Commission is shutdown for purposes 

of requirements related to segregation)), 

regulation 1.65 filings (notice of bulk 

transfers (a business day would include 

those days the Commission is 

shutdown)), and regulation 30.7 filings 

(formal secured amount requirements (a 

business day would include those days 

the Commission is shutdown)). For 

these regulations, the business day 

requirements will not be affected by a 

lapse in appropriations. Also in this 

category are part 15 filings (general 

reporting requirements), part 16 filings 

(clearing member reports), part 17 

filings (FCM reports), part 18 filings 

(reports by traders), part 19 filings (bona 

fide hedge position reports), part 21 

filings (special call provisions), and 

regulation 40.6 filings (emergency rules 

of a registered entity). 

The Commission’s regulations require 

and industry practice provides for 

notification to the Commission and its 

staff of certain emergency situations. 

Thus registered entities and 

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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Rules and Regulations 20837 

6See 5 U.S.C. 553(b). 7See 5 U.S.C. 553(d). 

8 44 U.S.C. 3501 et seq. 

9 5 U.S.C. 601 et seq. 

10 5 U.S.C. 601(2). 11 7 U.S.C. 19(a). 

intermediaries should continue to 

provide the Commission notice of 

emergency situations such as system 

malfunctions, cyber security incidents 

or financial emergencies throughout a 

lapse in appropriations. 

C. Extension of Open Comment Periods 

on Proposed Regulation and Other 

Matters That May Be Subject to a 

Request for Comment by the 

Commission 

Finally, the Commission has proposed 

a number of rules to implement the 

Dodd-Frank Act for which the comment 

period may expire while the 

Commission is shutdown. The 

Commission will be unable to officially 

receive and process comment 

submissions until it resumes full 

operations. Therefore, the Commission 

is extending the comment periods for 

such rules, and for any other matters 

that may be subject to a request for 

comment by the Commission, until one 

business day after the Commission is 

able to resume full operations. Notice of 

the lifting of a shutdown will be 

provided on the Commission’s Web site. 

II. Administrative Compliance 

A. Administrative Procedure Act 

To the extent that some of the 

provisions of this order may be subject 

to notice and comment under the 

Administrative Procedure Act (‘‘APA’’),6

and may be subject to the provisions of 

the APA that require publication or 

service of a substantive rule be made not 

less than 30 days before its effective 

date,7 the Commission for good cause 

finds that notice and comment and a 

delayed effective date are impracticable 

and contrary to the public interest. The 

Commission may be obligated to 

commence orderly shutdown of its 

operations at the commencement of 

business on April 11 and has 

determined that it is in the interest of 

the public and the markets it regulates 

to have established and publicized its 

procedures for limiting its operations to 

only those that are essential to the 

protection of property before that time. 

Moreover, though the tolling of 

certain procedural time limits will delay 

the Commission’s review and approval 

of certain industry filings, the review 

and approval provisions in the 

Commission’s regulations implement 

review and approval provisions of the 

Commodity Exchange Act (‘‘CEA’’) in 

order to protect the public interest. It 

would be contrary to the CEA, and to 

the public interest, if these review and 

approval time limits continued to run 

while the Commission is unable to 

conduct routine business. 

Finally, in order to protect the 

property interests of the public related 

to the orderly operation of the futures 

markets, the Commissioners will be 

supported by essential personnel in the 

surveillance of the markets in order to 

identify any emergency market 

situations that may require action to 

protect property during a lapse in 

appropriations. It therefore is essential 

that reporting regulations associated 

with market surveillance and emergency 

notices continue to operate. 

B. Paperwork Reduction Act 

The Paperwork Reduction Act 

provides that an agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it has been approved 

by the Office of Management and 

Budget (‘‘OMB’’) and displays a 

currently valid control number.8 The 

collections of information referenced in 

this notice and order have valid control 

numbers that are currently in effect. 

Therefore, the Commission is not 

obligated to seek a control number in 

connection with this order. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’) requires the Commission to 

consider whether a rule it proposes will 

have a significant economic impact on 

a substantial number of small entities 

and either provide a regulatory 

flexibility analysis respecting the 

significant impact or certify that the rule 

will not have such an impact.9 The RFA 

is applicable only to a rule for which the 

Commission publishes a general notice 

of proposed rulemaking pursuant to 

5 U.S.C. 553(b).10

The Commission is not publishing 

this order as a general notice of 

proposed rulemaking. Therefore, neither 

a regulatory flexibility analysis nor a 

certification is required for this 

rulemaking action. Nonetheless, this 

order will impose no new regulatory 

obligations on any party. Rather, it 

simply establishes the limited 

regulatory framework under which the 

Commission will operate during a 

shutdown in order to ensure the 

protection of property. Accordingly, as 

permitted by 5 U.S.C. 605, the 

Chairman, on behalf of the Commission, 

hereby certifies that the provisions 

contained in this order will not have a 

significant economic impact on a 

substantial number of small entities. 

D. Cost Benefit Analysis 

Section 15(a) of the CEA 11 requires 

the Commission to consider the costs 

and benefits of its actions before 

promulgating a regulation under the 

CEA. Section 15(a) specifies that the 

costs and benefits shall be considered 

against five broad areas of market and 

public concern: (1) Protection of market 

participants and the public; 

(2) efficiency, competitiveness and 

financial integrity of futures markets; 

(3) price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations. The 

Commission may give greater weight to 

one or more of the five enumerated 

considerations to determine, in its 

discretion, that a particular rule is 

necessary or appropriate to protect the 

public interest or to effectuate any of the 

provisions or accomplish any of the 

purposes of the CEA. 

This order imposes the cost of delay 

on parties with petitions for approval, 

self-certification filings, rights of review, 

and adjudicative matters before the 

Commission. As the Commission is 

limited by law to function most notably 

with respect to the protection of 

property, these costs are unavoidable. 

In terms of benefits, this order 

provides for the limited continuation of 

Commission business. The order also 

confirms the ongoing regulatory 

obligations of registered entities and 

intermediaries notwithstanding a 

shutdown, in order to ensure that the 

Commission has available to it all 

information necessary to identify 

emergency situations and take action to 

protect property and, hence, to protect 

market participants and the public, the 

efficiency and financial integrity of the 

futures markets, and price discovery. 

The order also notifies market 

participants and the public of the 

matters in which the Commission will 

be engaged, as well as of the tolling and 

extensions of time put in place with 

respect to filings under Commission 

regulations. Tolling ensures that the 

Commission will have an opportunity to 

review routine industry filings and take 

steps if necessary to protect the interests 

of the market and the public before 

those filings are finalized. The 

extensions of time ensure that all 

persons with filing obligations in certain 

adjudicative proceedings that arise 

during a shutdown or who wish to 

submit comments during a comment 

period that will close during a 

shutdown will not be prejudiced by the 

inability of the Commission to accept 

those filings or comments. 

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20838 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Rules and Regulations 

1Standards of Conduct for Transmission 

Providers, Order No. 717, 73 FR 63796 (Oct. 27, 

2008), FERC Stats. & Regs. ¶ 31,280 (Order No. 717). 

2Standards of Conduct for Transmission 

Providers, Order No. 717–A, 74 FR 54463 (Oct. 22, 

2009), FERC Stats. & Regs. ¶ 31,297 (Order No. 717– 

A). 

3Standards of Conduct for Transmission 

Providers, Order No. 717–B, 74 FR 60153 (Nov. 20, 

2009), 129 FERC ¶ 61,123 (2009) (Order No. 717– 

B). On October 30, 2009, Edison Electric Institute 

(EEI) filed a request for expedited clarification of a 

single issue addressed in Order No. 717–A. The 

Commission determined that it should address this 

issue expeditiously even though the time allowed 

under the regulations for filing rehearing requests 

had not yet expired. For this reason, the 

Commission issued Order No. 717–B on November 

16, 2009, in which it addressed a single clarification 

request of EEI, Western Utilities, Otter Tail and 

III. Order 

In light of the foregoing, the 

Commodity Futures Trading 

Commission (the ‘‘Commission’’) has 

determined to issue the following Order, 

pursuant to its authority under the 

provisions of the Commodity Exchange 

Act, 7 U.S.C. 1 et seq., and in 

compliance with the Anti-Deficiency 

Act, 31 U.S.C. 1341 and 1342. 

It is hereby ordered that, in the event 

of a lapse in appropriations (also 

referred to as ‘‘shutdown’’) commencing 

at 12:01 a.m. on April 9, 2011, the 

Commission will commence operating 

according to the procedures set forth in 

this Order: 

1. Tolling and Extension of Certain 

Procedural Time Limits. The 

Commission will not officially receive 

or process any filings, or review any 

matters for Commission approval or 

action to the extent that the matters are 

not directly related to the protection of 

property or market surveillance. This 

applies to rule, rule amendment and 

contract certifications, except for 

emergency rules certified pursuant to 

regulation 40.6(a)(2); rules, rule 

amendments and contracts voluntarily 

submitted for Commission approval or 

review; requests for contract market 

designation and derivatives clearing 

organization and derivatives trade 

execution facilities registration; and 

other requests for Commission approval 

or other action. Specifically, the time 

limits for Commission action shall be 

tolled for §§ 1.47 and 1.48 of the 

Commission’s regulations, and parts 36, 

37, 38, 39, 40 and 41. Tolling also 

applies to requests and appeals 

submitted under §§ 145.7 and 145.9 of 

the Commission’s regulations, and 

requests submitted under § 140.99. 

The time for officially receiving, 

processing, or reviewing any new 

matters under these provisions of the 

Commission’s regulations shall be tolled 

until the Commission is able to resume 

full operations. For matters that are 

pending under these provisions when a 

lapse in appropriations occurs, all 

applicable time deadlines for 

Commission action will be tolled until 

the Commission is able to resume full 

operations. 

This tolling and extension of time 

limits also shall apply to certain 

procedural rules associated with 

Commission adjudicatory actions, in 

particular the time-limited procedural 

rules under parts 3, 9, 10, 12, and 171. 

For matters that are currently pending 

before the Commission under any of 

these parts, all applicable time 

deadlines for Commission action will be 

tolled until the shutdown is no longer 

in effect. Moreover, all time deadlines 

for filings by a party in an adjudicative 

proceeding that arise during a shutdown 

period will be extended until one 

business day after the Commission 

resumes its full operations. The filing of 

replies to any filing delayed by a lapse 

in appropriations will have its reply 

period extended for the same number of 

days. 

2. Procedures and Time Limits Not 

Extended or Tolled. The Commission 

will continue to receive and process 

filings required of a registered entity or 

intermediary under certain Commission 

regulations, specifically under §§ 1.10, 

1.12, 1.17, 1.32, 1.65, 30.7, and 

40.6(a)(2), or any emergency notification 

to the Commission that may be required 

by any rule of a registered entity that 

has been approved by or self-certified to 

the Commission. Paragraph 1 also shall 

not apply to filings under parts 15, 16, 

17, 18, 19, and 21 of the Commission’s 

regulations. 

3. Extension of Open Comment 

Periods on Proposed Regulation and 

Other Matters that may be Subject to a 

Request for Comment by the 

Commission. Any comment period for a 

proposed rulemaking or other matter 

that may be subject to a request for 

comment by the Commission that 

terminates during the shutdown shall be 

extended until one business day after 

the Commission resumes its full 

operations after a shutdown. 

Issued in Washington, DC, on April 8, 

2011, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–9031 Filed 4–13–11; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 358 

[Docket No. RM07–1–003; Order No. 717– 

D] 

Standards of Conduct for 

Transmission Providers 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Order on rehearing and 

clarification. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

issued Order No. 717–A to address 

requests for rehearing and make clearer 

the Standards of Conduct as 

implemented by Order No. 717. The 

Commission issued Order No. 717–B to 

address expedited requests for rehearing 

and clarification concerning paragraph 

80 of Order No. 717–A and whether an 

employee who is not making business 

decisions about contract non-price 

terms and conditions is considered a 

‘‘marketing function employee.’’ Order 

No. 717–C addressed requests for 

rehearing and clarification concerning 

Order No. 717–A. This order addresses 

an additional request for rehearing and 

clarification concerning Order No. 717– 

C. 

DATES: Effective Date: This rule will 

become effective May 16, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Susan Miller, Office of the General 

Counsel—Energy Markets, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426. 

(202) 502–8977. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Jon Wellinghoff, 

Chairman; Marc Spitzer, Philip D. Moeller, 

John R. Norris, and Cheryl A. LaFleur. 

Issued April 8, 2011. 

I. Introduction 

1. On October 16, 2008, the 

Commission issued Order No. 717 

amending the Standards of Conduct for 

Transmission Providers (the Standards 

of Conduct or the Standards) to make 

them clearer and to refocus the rules on 

the areas where there is the greatest 

potential for abuse.1 On October 15, 

2009, the Commission issued Order No. 

717–A to address requests for rehearing 

and clarification of Order No. 717, 

largely affirming the reforms adopted in 

Order No. 717.2 On November 16, 2009, 

the Commission issued Order No. 717– 

B to address expedited requests for 

rehearing and clarification concerning 

paragraph 80 of Order No. 717–A and 

whether an employee who is not making 

business decisions about contract nonprice terms and conditions is 

considered a ‘‘marketing function 

employee’’.3 On April 16, 2010 the 

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