Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Notices 12821

may result in the expenditure by State,

local, and tribal governments, in the

aggregate, of $100 million (adjusted

annually for inflation) in any one year.

DOE officials may apply this Statement

of Policy selectively if there is an

exigent need for immediate agency

action that would warrant waiver of

prior notice and opportunity for public

comment under the Administrative

Procedure Act, 5 U.S.C. 553.

III. Intergovernmental Consultation

When to begin. As early as possible in

the development of a notice of proposed

rulemaking (for other than a financial

assistance program) that involves an

enforceable duty on State, local, or tribal

governments, the responsible Secretarial

Officer, with the concurrence of the

Assistant Secretary for Policy and the

General Counsel, should estimate

whether the aggregate compliance

expenditures will be in the amount of

$100 million or more in any one year.

In making such an estimate, the

Secretarial Officer ordinarily should

adjust the $100 million figure in years

after 1995 using the Gross Domestic

Product deflator as contained in the

Annual Report of the Counsel of

Economic Advisors which is part of the

Economic Report of the President.

Content of notice. Upon determining

that a proposed regulatory mandate on

State, local, or tribal governments may

be a significant intergovernmental

mandate, the Secretarial Officer

responsible for the rulemaking should

provide adequate notice to pertinent

State, local and tribal officials: (1)

Describing the nature and authority for

the rulemaking; (2) explaining DOE’s

estimate of the resulting increase in

their governmental expenditure level;

(3) inviting them to participate in the

development of the notice of proposed

rulemaking by participating in meetings

with DOE or by presenting their views

in writing on the likely effects of the

regulatory requirement or legally

available policy alternatives that DOE

should take into account. If DOE

publishes an advance notice of

proposed rulemaking, then these issues

may be addressed in that advance

notice.

How to notify State and tribal

officials. With respect to State and tribal

governments, actual notice should be

given by letter, using a mailing list

maintained by the DOE Office of

Intergovernmental and External Affairs

that includes elected chief executives

(or their designees), chief financial

officers (or their designees), the National

Governors Association, and the National

Congress of American Indians. The

Secretarial Officer also should provide

notice in the Federal Register.

How to notify local officials. With

respect to local governments, the

Secretarial Officer should provide

notice through the Federal Register and

by letter to the National League of

Cities, the National Association of

Counties, the U.S. Conference of

Mayors, and any State Municipal

League not represented by a national

association. If a significant

intergovernmental mandate might affect

local governments in a limited area of

the United States, then the Secretarial

Officer, in consultation with the Office

of Intergovernmental and External

Affairs, should give actual notice by

letter to appropriate local officials if

practicable.

Exemption from the Federal Advisory

Committee Act. Secretarial Officers are

encouraged to meet with State, local,

and tribal elected officials (or their

designees) to exchange views,

information, and advice concerning the

implementation of intergovernmental

responsibilities or administration.

Section 204(b) of the Act, 2 U.S.C.

1534(b), exempts from the Federal

Advisory Committee Act (5 U.S.C. App.)

meetings for this purpose that do not

include other members of the public.

Small government consultation plan.

If the proposed regulatory requirements

might significantly or uniquely affect

small governments, then the Secretarial

Officer should summarize in the

Supplementary Information section of

the notice of proposed rulemaking its

plan for intergovernmental consultation

under section 203 of the Act. Unless

impracticable, the plan should provide

for actual notice by letter to potentially

affected small governments.

Documenting compliance. The

Supplementary Information section of

any notice of proposed and final

rulemaking involving a significant

intergovernmental mandate upon State,

local, or Indian tribal governments

should describe DOE’s determinations

and compliance activities under the Act.

The Supplementary Information section

of the notice of proposed rulemaking

should describe the estimated impact of

an intergovernmental mandate, the

assumptions underlying its calculation,

and the resulting determination of

whether the rulemaking involves a

significant intergovernmental mandate.

It should discuss, as appropriate, cost

and benefit estimates and any

reasonable suggestions received during

pre-notice intergovernmental

consultations. Any substantive prenotice written communications should

be described in the Supplementary

Information and made available for

inspection in the public rulemaking file

in the DOE Freedom of Information

Reading Room.

Reporting. Pursuant to the OMB

guidelines and instructions, the Office

of General Counsel, with the

cooperation of the Secretarial Officers,

will prepare the annual report to OMB

on compliance with the

intergovernmental consultation

requirements of the Act (initially due on

January 15, 1996, and annually on

January 15 thereafter).

[FR Doc. 97–6781 Filed 3–17–97; 8:45 am]

BILLING CODE 6450–01–P

Federal Energy Regulatory

Commission

[Docket No. TM97–10–23–000]

Eastern Shore Natural Gas Company;

Notice of Proposed Changes in FERC

Gas Tariff

March 12, 1997.

Take notice that on March 7, 1997,

Eastern Shore Natural Gas Company

(ESNG) tendered for filing as part of its

FERC Gas Tariff, First Revised Volume

No. 1, certain revised tariff sheet in the

above captioned docket, with a

proposed effective date of April 1, 1997.

ESNG states that the purpose of this

instant filing is to ‘‘track’’

Transcontinental Gas Pipe Line

Corporation’s (Transco) revised fuel

retention percentages for injecting gas

into storages (see Transco’s Seventh

Revised Sheet No. 29) proposed to be

effective April 1, 1997.

ESNG states that copies of the filing

have been served upon its jurisdictional

customers and interested State

Commissions.

Any person desiring to be heard or to

protest said filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington D.C.

20426, in accordance with Rule 211 and

Rule 214 of the Commission’s Rules of

Practice and Procedure (18 CFR 385.211

and 385.214). All such motions or

protests must be filed in accordance

with Section 154.210 of the

Commission’s Regulations. Protests will

be considered by the Commission in

determining the appropriate action to be

taken, but will not serve to make

protestants parties to the proceeding.

Any person wishing to become a party

must file a motion to intervene. Copies

of this filing are on file with the
12822 Federal Register / Vol. 62, No. 52 / Tuesday, March 18, 1997 / Notices

Commission and are available for public

inspection.

Lois D. Cashell,

Secretary.

[FR Doc. 97–6760 Filed 3–17–97; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. TM97–2–24–000]

Equitrans, L.P.; Notice of Proposed

Changes in FERC Gas Tariff

March 12, 1997.

Take notice that on March 3, 1997,

Equitrans, L.P. (Equitrans) tendered for

filing as part of its FERC Gas Tariff, First

Revised Volume No. 1, the following

proposed tariff sheet, with an effective

date of April 1, 1997:

Eighth Revised Sheet No. 6

Equitrans states that this filing

constitutes its second annual products

extraction rate adjustment filing under

Section 32 of the General Terms and

Conditions of its FERC Gas Tariff. By

this filing, Equitrans proposes an

adjusted extraction rate of $0.2004/Dth

for the prospective 12-month period

beginning April 1, 1997. Equitrans states

that this represents a reduction from the

$0,2015/Dth rate which was approved

by the Commission in 1996. In

calculating the current rate, Equitrans

states that it utilizes actual extraction

billings and actual plant throughout for

the 12 months ended December 31,

1996, adjusted for anticipated activity

during 1997, all as more fully set forth

in the filing.

Any person desiring to be heard or

protest this filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426, in accordance with Sections

385.214 and 385.211 of the

Commission’s Rules and Regulations.

All such motions or protests must be

filed in accordance with Section

154.210 of the Commission’s

Regulations. Protests will be considered

by the Commission in determining the

appropriate action to be taken, but will

not serve to make protestants parties to

the proceeding. Any person wishing to

become a party must file a motion to

intervene. Copies of this filing are on

file with the Commission and are

available for public inspection in the

Public Reference Room.

Lois D. Cashell,

Secretary.

[FR Doc. 97–6761 Filed 3–17–97; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. RP97–198–002]

Gulf States Transmission Corporation;

Notice of Proposed Changes in FERC

Gas Tariff

March 12, 1997.

Take notice that on March 7, 1997,

Gulf States Transmission Corporation

(GSTC) tendered for filing as part of its

FERC Gas Tariff, Original Volume No. 1,

certain tariff sheets to be effective

December 31, 1996.

GSTC states that the purpose of the

filing is to comply with the

Commission’s letter order issued

February 5, 1997 in Docket No. RP97–

198–001.

GSTC states that it has modified its

tariff to (i) replace the term ‘‘case

reservation rate’’ with ‘‘base reservation

rate’’ on Tariff Sheet No. 58G, (ii) reflect

that its discounted policy is applicable

also to GSTC’s interruptible rates, (iii)

modify Tariff Sheet No. 58G to correctly

reflect Original Volume No. 1 instead of

First Revised Volume No. 1, and (iv)

change the requested effective date to

December 31, 1996.

GSTC states that copies of the filing

are being mailed to its jurisdictional

customers and interested states

regulatory agencies.

Any person desiring to protest this

filing should file a protest with the

Federal Energy Regulatory Commission,

888 First Street, N.E., Washington, D.C.

20426, in accordance with Section

385.211 of the Commission’s Rules and

Regulations. All such protests must be

filed as provided in Section 154.210 of

the Commission’s Regulations. Protests

will be considered by the Commission

in determining the appropriate action to

be taken, but will not serve to make

protestants parties to the proceeding.

Copies of this filing are on file with the

Commission and are available for public

inspection in the Public Reference

Room.

Lois D. Cashell,

Secretary.

[FR Doc. 97–6775 Filed 3–17–97; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. TM97–1–131–000]

KO Transmission Company; Notice of

Tariff Filing

March 12, 1997.

Take notice that on March 4, 1997,

KO Transmission Company (KO

Transmission) tendered for filing to

become part of its FERC Gas Tariff,

Original Volume No. 1, the following

revised tariff sheet bearing a proposed

effective date of April 1, 1997.

Second Revised Sheet No. 10

KO Transmission states that the

purpose of the filing is to revise its fuel

retainage percentage consistent with

Section 24 of the General Terms and

Conditions of its Tariff. According to

KO Transmission, Columbia Gas

Transmission Corporation (Columbia)

operates and maintains the KO

Transmission facilities pursuant to the

Operating Agreement referenced in its

Tariff at Original Sheet No. 7. Pursuant

to that Operating Agreement, Columbia

retains certain volumes associated with

gas transported on behalf of KO

Transmission. On March 4, 1997,

Columbia notified KO Transmission that

under the terms of the Operating

Agreement KO Transmission will be

subject to a 0.46% retainage.

Accordingly, KO Transmission states

that the instant filing tracks this fuel

percentage.

Any person desiring to be heard or

protest this filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426, in accordance with Sections

385.214 and 385.211 of the

Commission’s Rules and Regulations.

All such motions or protests must be

filed in accordance with Section

154.210 of the Commission’s

Regulations. Protests will be considered

by the Commission in determining the

appropriate action to be taken, but will

not serve to make protestants parties to

the proceeding. Any person wishing to

become a party must file a motion to

intervene. Copies of this filing are on

file with the Commission and are

available for public inspection in the

Public Reference Room.

Lois D. Cashell,

Secretary.

[FR Doc. 97–6762 Filed 3–17–97; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. RP97–281–000]

Koch Gateway Pipeline Company;

Notice of Proposed Changes in FERC

Gas Tariff

March 12, 1997.

Take notice that on March 7, 1997,

Koch Gateway Pipeline Company

(Koch) tendered for filing as part of its

FERC Gas Tariff, Fifth Revised Volume

No. 1, the following tariff sheets, to

become effective April 7, 1997:

1st Rev Seventh Revised Sheet No. 1

Seventeenth Revised Sheet No. 24

First Revised Sheet No. 1414

Third Revised Sheet No. 3200

Fourth Revised Sheet No. 5200

Koch states that the above referenced

tariff sheets are being filed to reflect