41550 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices

1Australia, Austria, Belgium, Canada, Denmark,

Finland, France, Germany, Greece, Hungary,

Ireland, Italy, Japan, Luxembourg, the Netherlands,

New Zealand, Norway, Portugal, Spain, Sweden,

Switzerland, Turkey, the United Kingdom, and the

United States.

Relay Service (FIRS) at 1–800–877–8339

between 8 a.m. and 8 p.m., Eastern time,

Monday through Friday.

SUPPLEMENTARY INFORMATION: Section

3506 of the Paperwork Reduction Act of

1995 (44 U.S.C. Chapter 35) requires

that the Office of Management and

Budget (OMB) provide interested

Federal agencies and the public an early

opportunity to comment on information

collection requests. OMB may amend or

waive the requirement for public

consultation to the extent that public

participation in the approval process

would defeat the purpose of the

information collection, violate State or

Federal law, or substantially interfere

with any agency’s ability to perform its

statutory obligations. The Acting Deputy

Chief Information Officer, Office of the

Chief Information Officer, publishes this

notice containing proposed information

collection requests prior to submission

of these requests to OMB. Each

proposed information collection,

grouped by office, contains the

following: (1) Type of review requested,

e.g., new, revision, extension, existing

or reinstatement; (2) Title; (3) Summary

of the collection; (4) Description of the

need for, and proposed use of, the

information; (5) Respondents and

frequency of collection; and (6)

Reporting and/or Recordkeeping

burden. OMB invites public comment at

the address specified above. Copies of

the requests are available from Patrick J.

Sherrill at the address specified above.

Dated: July 29, 1998.

Hazel Fiers,

Acting Deputy Chief Information Officer,

Office of the Chief Information Officer.

Office of Postsecondary Education

Type of Review: Revision.

Title: Student Aid Report (SAR).

Frequency: Annually.

Affected Public: Individuals or

households.

Reporting and Recordkeeping Hour

Burden:

Responses: 9,998,997.

Burden Hours: 3,886,953.

Abstract: The Student Aid Report

(SAR) is used to notify all applicants of

their eligibility to receive Federal

student aid for postsecondary

education. The form is submitted by the

applicant to the institution of their

choice.

[FR Doc. 98–20711 Filed 8–3–98; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Voluntary Agreement and Plan of

Action to Implement the International

Energy Program

AGENCY: Department of Energy.

ACTION: Notice of intention to amend

‘‘Voluntary Agreement and Plan of

Action to Implement the International

Energy Program.’’

SUMMARY: The Department of Energy

(DOE) gives notice that the Department

of Justice intends to amend the

‘‘Voluntary Agreement and Plan of

Action to Implement the International

Energy Program’’ (‘‘Voluntary

Agreement’’) to implement changes

recently enacted by Public Law 105–77

to the antitrust defense in section 252 of

the Energy Policy and Conservation Act

(EPCA) for U.S. oil companies

participating in the International Energy

Agency’s (‘‘IEA’’) emergency

preparedness program. The Voluntary

Agreement, which was adopted in 1976,

implements the EPCA section 252

antitrust defense. The Administration

sought the changes to EPCA section 252

to conform legal authority for U.S. oil

company participation in IEA

emergency preparedness activities to

current U.S. and IEA emergency

response policy for oil supply

disruptions. Prior to the enactment of

Public Law 105–77, the EPCA section

252 antitrust defense was available only

for planning and implementing the

IEA’s emergency international oil

allocation system in response to

significant international oil supply

interruptions. Now the antitrust defense

extends to the participating U.S. oil

companies when they assist the IEA in

planning and implementing coordinated

drawdown of government-owned or

government-controlled petroleum

stocks, a policy the U.S. successfully

urged upon its IEA partners. The

Department of Justice intends to amend

the existing Voluntary Agreement 20

days after publication of this Notice, to

implement the changes to EPCA section

252 enacted by Public Law 105–177.

FOR FURTHER INFORMATION CONTACT:

Samuel M. Bradley, Acting Assistant

General Counsel for International and

Legal Policy, Department of Energy,

Forrestal Building, Room 6H–74, 1000

Independence Avenue S.W.,

Washington, D.C. 20585; 202–586–6738

Angela Hughes, Attorney-Adviser,

Transportation, Energy and

Agriculture Section, Antitrust

Division, Department of Justice, 555

4th Street, N.W., Washington, D.C.

20001; 202–307–6410

SUPPLEMENTARY INFORMATION:

The IEA, the main forum for energy

cooperation among 24 industrialized

countries, 1 was created in 1974 by its

governing treaty, the Agreement on an

International Energy Program (the ‘‘IEP

Agreement’’). Based in Paris, the IEA is

an autonomous agency within the

framework of the Organization for

Economic Cooperation and

Development (‘‘OECD’’). The IEA’s main

decision-making body is its Governing

Board, composed of senior energy

officials from each member country; the

work of the Agency is supported by a

Secretariat headed by an Executive

Director.

The IEA was formed in the aftermath

of the 1973–74 Arab-Israel War crisis.

That crisis—and the failure to mount

any effective joint response to the

supply disruption that it involved—

shocked the nations of the

industrialized world into action to

reduce their vulnerability to future

disruptions. It was the United States

that took the initiative, calling an

international conference in Washington

in 1974 that led to negotiation of the IEP

Agreement. Through that Agreement the

IEA’s founders charged it with

responsibility for international

cooperation on oil supply disruption

responses, long-term policies to reduce

dependence on oil, energy information

systems, oil market transparency, energy

research and development, and relations

with OECD and non-OECD oil

producers and consumers.

The IEP Agreement contains, in

addition to its institutional

arrangements, a body of obligations that

are binding on the member

governments. These include both longterm cooperation obligations, and

emergency response commitments,

including the commitment to participate

in oil sharing with one another, in

accordance with an agreed formula, in

case the IEP’s emergency measures are

activated by a serious supply

disruption.

The IEP’s international oil sharing

system has never been triggered, and

over the years the IEA’s emergency

preparedness strategy has evolved

significantly, reflecting the growing

experience as well as the dramatic

changes that have occurred in oil

markets and IEA member countries.

Taking into account the lessons of the

so-called ‘‘Second Oil Crisis,’’ beginning

with the Iranian revolution in 1979 and

continuing during the Iran/Iraq War,
Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices 41551

2At the present time, the following companies,

which have agreed to be IEA Reporting Companies,

are participants in the Voluntary Agreement:

Amoco Corporation, Ashland Petroleum Company,

ARCO Oil and Gas Company, Caltex Petroleum

Corporation, Chevron Corporation, Conoco Inc.,

Exxon Corporation, Mobil Oil Corporation, Phillips

Petroleum Company, Shell Oil Company, and

Texaco Inc.

and the growth of strategic oil stocks in

member countries, the IEA, in response

to urging by the U.S., adopted in 1984

its decision on ‘‘Stocks and Supply

Disruptions,’’ the so-called

‘‘Coordinated Emergency Response

Measures’’ or ‘‘CERM Decision,’’ which

supplemented the emergency

international oil allocation system the

IEA already had in place for dealing

with oil supply disruptions.

The CERM Decision registered the

IEA’s conclusion that in most supply

disruptions timely coordinated

drawdown of members’ strategic stocks

could be a rapid and effective means of

restoring interrupted supply and

mitigating economic damage. During the

1990–91 Gulf crisis the IEA

implemented a ‘‘CERM’’ Contingency

Plan providing for IEA member

countries to make available to the

market 2.5 million barrels of oil per day,

although at the time EPCA section 252’s

limitations prevented the IEA from

soliciting U.S. company views

specifically on the preparation of the

Plan. The U.S. contribution to the Plan

was to draw down 17 million barrels of

oil from the SPR in January 1991. In

1995 the IEA’s Governing Board

adopted its ‘‘Decision on Emergency

Response Policies,’’ which had been

sought by the U.S., and which

represents a commitment by the IEA

member countries that in the event of an

oil supply disruption they will give first

consideration to coordinated stockdraw

rather than to international oil

allocation.

The IEA has from the Agency’s

founding relied heavily on the direct

cooperation of the oil industry in

developing, testing and, potentially,

advising on and implementing

emergency measures. It has been

recognized from the outset that the

performance of these functions at the

behest of governments could expose

companies to antitrust and breach of

contract risks under U.S. law. To

facilitate U.S. company participation in

the IEA, the Congress in 1975 enacted

section 252 of the EPCA, which

authorized the development of

voluntary agreements and plans of

action to implement the allocation and

information provisions of the IEP, and

makes available a limited antitrust

defense and breach of contract defense

with respect to actions taken to develop

or carry out voluntary agreements and

plans of action. A ‘‘Voluntary

Agreement and Plan of Action to

Implement the International Energy

Program’’ was agreed to in 1976 by a

number of U.S. oil companies. 2 See 41

FR 13998 (April 1, 1976) and 2 CCH

Federal Energy Guidelines, para. 15,845.

In 1988, the Attorney General amended

the Voluntary Agreement to incorporate

a ‘‘Second Plan of Action to Implement

the International Energy Program,’’

which describes actions the

participating U.S. companies may take

during implementation of the IEA’s

emergency international oil sharing

system.

The recently-enacted amendments to

EPCA section 252, when implemented

by amendments to the Voluntary

Agreement, will ensure full protection

against antitrust risk for U.S. companies

when they assist the IEA in developing,

testing, and implementing coordinated

drawdown of government-owned and

government-controlled petroleum

stocks.

In accordance with Section 9(a) of the

Voluntary Agreement, on July 7, 1998,

the Department of Energy submitted to

the Assistant Attorney General of the

Antitrust Division for his approval, and

to the Federal Trade Commission and

the Assistant Secretary of State for

Economic and Business Affairs for their

comments, proposed amendments to the

Voluntary Agreement to implement the

changes to EPCA section 252 enacted by

Public Law 105–177. The text of these

implementing amendments is set forth

in Appendix 1.

DOE has received from the

Department of Justice notice of the

latter’s approval, pursuant to its

authority under section 252(d)(1) of the

EPCA and section 11(b) of the Voluntary

Agreement, of these implementing

amendments. Prior consultation with

the Federal Trade Commission and the

Department of State concerning these

amendments also has taken place, as

required by section 252(d)(1) of the

EPCA. The Department of Justice’s letter

authorizes DOE, on behalf of the Justice

Department, to give notice to the

Voluntary Agreement participants, as

required by section 11(b) of the

Voluntary Agreement, that the

Department of Justice intends to adopt

the implementing amendments to the

Voluntary Agreement effective 20 days

after the date of this Federal Register

notice. Therefore, this Federal Register

notice constitutes the notice to

Voluntary Agreement participants

which the Department of Justice is

required to provide pursuant to section

11(b) of the Voluntary Agreement. The

correspondence among the Departments

of Energy, Justice and State and the

Federal Trade Commission concerning

these amendments is contained in

Appendix 2.

Issued in Washington, D.C. July 29, 1998.

Mary Anne Sullivan,

General Counsel

Appendix 1—Amendments to the

Voluntary Agreement and Plan of

Action to Implement the International

Energy Program

The Department of Justice intends to

amend the Voluntary Agreement and

Plan of Action to Implement the

International Energy Program effective

20 days after publication of this notice.

The Voluntary Agreement as intended

to be amended is set out below, with

new language in italics and text to be

removed in brackets.

Voluntary Agreement and Plan of

Action to Implement the International

Energy Program

1. Need for an Agreement

The oil embargo of 1973 and the

marked increase in world oil prices

which occurred almost simultaneously

severely disrupted the economies of

most importing nations and strained

their political, strategic, and economic

relationships. Inadequate cooperation

among the industrialized countries

resulted in unilateral efforts on the part

of many to obtain supplies of oil. The

United States Government and certain

other members of the Organization for

Economic Cooperation and

Development (OECD), based on the need

demonstrated by that experience, have

undertaken to achieve a coordinated

approach to decrease their dependence

on foreign oil, and to reduce the

strategic and economic vulnerability

which such dependence can cause. The

United States Government and such

other governments have decided that

their best interests lie in taking steps,

such as developing plans for

coordinated drawdown of strategic

petroleum stocks and international oil

allocation [an effective international oil

allocation plan], to minimize the effects

of a supply interruption and to assure

that the exigencies of extreme shortage

do not unduly disrupt national

economics or the world petroleum

market.

In this connection, the President of

the United States determined that, with

respect to this country’s national

security and defense programs and the

related programs of certain other
41552 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices

members of the OECD, should any

substantial reduction in world

petroleum supplies occur, it would

directly impair United States defense

mobilization efforts. In addition, failure

to respond promptly to substantial

international oil supply reductions,

either by augmenting supplies through

coordinated drawdown of strategic

petroleum stocks and complementary

actions or allocating [ensure that the]

remaining supplies [were allocated]

rationally and fairly among the major

consuming nations, would have an

adverse impact on U.S. national security

and defense mobilization efforts. In

view of the foregoing, the President has

determined that the United States must

be prepared to cooperate with other

nations in developing and implementing

effective measures for coordinated

drawdown of strategic petroleum stocks

and complementary actions and when

necessary the distribution of available

supplies on a rational and equitable

basis, [in order to utilize them with

maximum efficiency during any future

supply interruption], thus minimizing

the impact of any interruption on the

economy and security of the United

States.

As part of a policy to reduce their

dependence on foreign oil and to obtain

the greatest utility of supplies during an

oil emergency, the United States and

certain other OECD members have

signed an Agreement on an

International Energy Program (IEP),

pursuant to which an International

Energy Agency (IEA) has been

established as an autonomous

institution within the OECD. The

effective functioning of the IEP is a vital

element in United States international

energy policy and thus an important

factor in our overall foreign policy.

Consultations and cooperation with

the IEA by certain oil companies are

essential to the effective implementation

of the IEA’s international emergency

response provisions [allocation and

information provisions of the IEP] and,

in particular, to the development and

testing of the information system and to

the development of plans and programs

for implementation of these response

provisions [the international allocation

of oil] in times of emergency, to testing

systems developed for such response

provisions [international allocation]

and, in emergencies, to actual

implementation of such plans, programs

and systems.

In this connection, the President of

the United States, in 1975, requested a

number of United States oil companies

to enter into a Voluntary Agreement and

Program Relating to the International

Energy Program, pursuant Section 708

of the Defense Production Act of 1950.

In compliance with President’s request,

certain companies entered into that

Voluntary Agreement and Program,

which was published in the Federal

Register on April 8, 1975, Fed. Reg.

1601.

Effective 90 days after its enactment,

the Energy Policy and Conservation Act

(EPCA) prohibits utilization of the

authority contained in Section 708 of

the Defense Production Act for any

Voluntary Agreement to implement the

International Energy Program. Section

252 of the EPCA provides specifically

for Voluntary Agreements and plans of

action to implement the IEA’s

international emergency response

provisions [allocation and information

provisions of the IEP] and provides that,

effective 90 days after enactment, the

procedures provided in Section 252

shall be the sole procedures applicable

to such Voluntary Agreements and

plans of action. Therefore, the existing

Voluntary Agreement and Program

Relating to the International Energy

Program will cease to be effective on

March 21, 1976.

2. What This Agreement Does

This is a voluntary agreement and

plan of action under section 252 of

Energy Policy and Conservation Act, 89

Stat. 871. Section 252 provides that

participants in voluntary agreements

shall have as a defense to any civil

criminal action brought under the

antitrust laws or any similar state law

that challenged actions were taken in

the course of developing or carrying out

a voluntary agreement or plan of action

in compliance with the requirements of

section 252 and rules promulgated

thereunder. It is contemplated that this

defense will be available to all parties,

including eligible affiliates, who are

participants under section 9 of this

Voluntary Agreement and Plan of

Action (hereinafter called ‘‘this

Agreement’’). This Agreement

contemplates that actions taken by the

participants in order to implement the

objectives of the IEP will include (i) the

membership of participants in standing

groups, working parties, advisory bodies

or other bodies created by the IEA or the

U.S. Government for the purpose of

implementing the IEA’s international

emergency response provisions

[allocation and information provisions

of the IEP], (ii) consultations, planning,

and individual and join actions which

participants may take to implement the

IEA’s international emergency response

provisions [international allocation of

petroleum pursuant to the IEP] , and (iii)

the furnishing by participants of data

and information, and consultations and

planning in respect thereof, in

accordance with the IEA’s international

emergency response provisions

[allocation and information provisions

of the IEP] , all as included within the

scope of Sections 5 and 6 of this

Agreement. This Agreement does not

contemplate acts which affect the

production, refining, transportation, or

the marketing of petroleum within the

United States except such acts which

are reasonably in accordance with the

provisions of the IEP or plans of action

approved pursuant to section 6 of this

Agreement.

3. Definitions for Purposes of This

Agreement

(a) ‘‘Oil Companies’’ means

international companies, national

companies, integrated and nonintegrated companies, and other entities

which play a significant role in the

business of producing, transporting,

refining, distributing or storing

petroleum.

(b) ‘‘Administrator’’ means the

Secretary of the United States

Department of Energy [Administrator of

the Federal Energy Administration].

(c) ‘‘Petroleum’’ means ‘‘petroleum

product’’ as defined in section 3 of the

EPCA, including to that extent:

(1) Crude oil

(2) Natural gas liquids and other

liquids produced in association with

crude oil or natural gas.

(3) Refined petroleum products,

including but not limited to gasoline,

kerosene, distillates, residual fuel oil,

refined lubricating oil, and liquefied

petroleum gases, and

(4) Blending agents and additives

used in conjunction with crude oil and

refined petroleum products.

(d) ‘‘United States’’ when used in the

geographical sense means all of the

several states, the District of Columbia,

Puerto Rico, the territories and

possessions of the United States, and

the Outer Continental Shelf (as defined

in section 2 of the Outer Continental

Shelf Lands Act).

(e) ‘‘International Energy Agency’’

(IEA) means the International Energy

Agency established by the International

Energy Program.

(f) ‘‘International Energy Program’’

(IEP) means the Agreement on an

International Energy Program, signed by

the United States on November 18 1974,

including (i) the annex entitled

‘‘Emergency Reserves’’, (ii) any

amendment to such Agreement which

includes another nation as party to such

Agreement, and (iii) any technical or

clerical amendment to such Agreement.

(g) ‘‘Antitrust laws’’ includes’
Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices 41553

(1) the Act entitled ‘‘An Act to protect

trade and commerce against unlawful

restraints and monopolies’’, approved

July 2, 1890 (15 U.S.C. 1, et seq.);

(2) the Act entitled ‘‘An Act to

supplement existing laws against

unlawful restraints and monopolies, and

for other purposes’’, approved October

15,1914 (15 U.S.C. 12, et seq.);

(3) the Federal Trade Commission Act

(15 U.S.C 41, et seq.);

(4) sections 73 and 74 of the Act

entitled ‘‘An Act to reduce taxation, to

provide revenue for the Government,

and for other purposes’’, approved

August 27,1894 (15 U.S.C. 8 and 9); and

(5) the Act of June 19, 1936, chapter

592 (15 U.S.C. 13, 13a, 13b, and 21A).

(h) ‘‘International energy supply

emergency’’ means any period (A)

beginning on any date which the

President determines allocation of

petroleum products to nations

participating in the International Energy

Program is required by chapters III and

IV of such program, and (B) ending on

a date on which he determines that all

such allocation is no longer required.

[(i) ‘‘Allocation and information

provisions of the International Energy

Program’’ means the provisions of the

International Energy Program which

relate to international allocation of

petroleum products and to the

information system provided in such

program.]

(i) ‘‘IEA’s international emergency

response provisions’’ means

(1) the provisions of the International

Energy Program which relate to

international allocation of petroleum

products and to the information system

provided in the Program, and

(2) the emergency response measures

adopted by the Governing Board of the

International Energy Agency (including

the July 11, 1984, decision by the

Governing Board on ‘‘Stocks and Supply

Disruptions’’) for —

(i) the coordinated drawdown of

stocks of petroleum products held or

controlled by governments; and

(ii) complementary actions taken by

governments during an existing or

impending international oil supply

disruption.

4. International Energy Program

This Agreement facilitates

implementation of the IEA’s

international emergency response

provisions [allocation and information

provisions of the International Energy

Program].

It is understood that the U.S.

Government does not view this

Agreement as in any way affecting the

rights and obligations of the United

States as a party to the IEP.

5. Meetings and Consultation

(a) Upon the invitation of the IEA and

with the approval of the Administrator

and the Attorney General, any

participant herein may accept

membership in any advisory body,

working party, or other group created by

the IEA, and any subgroup thereof,

including but not limited to the Industry

Advisory Board, the Reporting Company

Group, the Industry Working Party to

the Standing Group on the Oil Market,

the Industry Supply Advisory Group

(hereinafter called ISAG), and

subcommittees and other ad hoc groups.

The Administrator shall give notice to

the Federal Trade Commission of each

participant’s membership in any group

pursuant to this section. Approval of

membership in any advisory body,

working party, or other group created by

the IEA, shall be deemed to constitute

approval of membership in any

subgroup thereof, provided that the

participant provides written notice to

the Administrator, the Attorney General,

and the Federal Trade Commission ten

days prior to accepting such

membership and provided that

membership in such subgroup may be

disapproved prospectively at any time

by the Administrator or the Attorney

General upon written notice to the

participant. In addition, subject to the

approval of the Attorney General, any

participant to this Agreement may

accept membership in any advisory

body, working party or other group

established by the Administrator or the

Secretary of State with respect to the

IEA [IEP] provided that any such group

shall be chaired by a full time federal

employee who shall control the agendas

for all meetings of such group.

(b)(l) Each participant to this

Agreement may as a member of a group,

or subgroup thereof, established as

provided in subsection 5(a) advise and

consult with the IEA or the U.S.

Government or with other persons or

entities, at meetings held in accordance

with subsection 5(c), in order to

develop, test or implement any of the

IEA’s international emergency response

provisions, including pursuant to a plan

of action approved pursuant to Section

6 [or, as necessary, during an IEA

allocation systems test, with respect to

the allocation and information

provisions of the IEP, including the

development and recommendation to

the IEA of emergency measures and

programs and plans subsidiary thereto,

to be implemented pursuant to section

6]. To further develop a subject

discussed at such a meeting held in

accordance with subsection 5(c),

participants may exchange with other

members of a group, or subgroup

thereof, written drafts or comments

thereon, in order to develop material to

be considered at subsequent meetings.

In order to develop, test or implement

any of the IEA’s international

emergency response provisions,

including pursuant to a plan of action

approved pursuant to Section 6, each

participant may also furnish and

exchange information and data,

including confidential and proprietary

information and data, [in order to

implement a plan of action approved

pursuant to section 6 or an IEA

allocation systems test,] and may also

furnish data and information, including

confidential and proprietary

information and data, to the IEA, or any

groups created by the IEA, or any

subgroups thereof, [in order to

implement the allocation and

information provisions of the IEP] ;

provided that confidential or

proprietary information and data may

be exchanged among the participants,

and with other persons and entities or

provided by the participants to the IEA,

only in accordance with the procedures

set out in subsections 5(b)(2) and (3)

below. Any written confidential or

proprietary information or data

furnished or exchanged pursuant to this

section shall be retained by the

participant furnishing such data and

provided upon request to the

Administrator, the Attorney General

and the Federal Trade Commission.

(2) [In order to implement this

Agreement or plans of action approved

pursuant to Section 6, and] Except as

provided in subsection 5(b)(3),

confidential or proprietary information

or data may be exchanged with, or

provided to participants, the IEA, or

other persons or entities, only if the

Administrator, after consultation with

the Secretary of State, and with the

concurrence of the Attorney General

after consultation with the Federal

Trade Commission, has approved in

writing the exchange or provision of

such types of information or data.

Confidential or proprietary information

or data provided or exchanged pursuant

to this subsection shall be aggregated or

otherwise compiled by the

Administrator or the IEA to prevent, to

the extent possible, the identification of

individual company data or information

before being disclosed to or exchanged

with the participants or any other

person or entity unless the

Administrator, after consultation with

the Secretary of State and with the

concurrence of the Attorney General,

has determined that such exchange or

disclosure is necessary in order to
41554 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices

develop, test or implement any of the

IEA’s international emergency response

provisions, including pursuant to a plan

of action approved pursuant to Section

6 [to develop, prepare, or test emergency

allocation measures].

(3) Upon notification by the

Administrator to the participants of an

international energy supply emergency

as provided in subsection 6(a)(1), the

participants may, in addition to

information provided pursuant to the

procedures in subsection 5(b(2), provide

to the IEA and to each other and to

persons or entities as may be designated

by the IEA or the Administrator (which

designation may be by class), such types

of confidential or proprietary

information as are reasonably required

to implement this Agreement and plans

of action approved pursuant to section

6, and participants may consult with

and advise the IEA, among themselves

and with such other persons and

entities concerning such information

and data. The participants shall notify

the Administrator, the Attorney General,

and the Federal Trade Commission of

the types of information and data

exchanged or provided pursuant to this

subsection and shall at the request of

the Administrator, the Attorney General,

or the Federal Trade Commission,

provide such information to them. The

Administrator, after consultation with

the Secretary of State, the Attorney

General, and the Federal Trade

Commission, may at any time

prospectively prescribe terms and

conditions for the continued exchange

or provision of information or data

pursuant to this subsection 5(b)(3).

(4) No employee or representative of

a participant will supply to his

company any confidential or proprietary

information about any other oil

company obtained as a consequence of

his membership in the ISAG, except

such data necessary to be supplied in

the course of carrying out ISAG’s

allocation procedures pursuant to an

emergency allocation plan of action

approved under section 6 or in an IEA

allocation systems test, or such other

procedures as may have been approved

by the Administrator and by the

Attorney General after consultation with

the Federal Trade Commission.

(c)(1) Any meetings pursuant to this

Agreement shall be open to a

representative of the Administrator, the

Secretary of State, the Attorney General,

and the Federal Trade Commission

severally, to any United States

Government employee designated by

the Administrator, and to any other

person as may be provided by law. The

presence of a fulltime federal employee

shall be essential to the conduct of a

meeting. The Administrator or his

designee shall keep a full and complete

record, and where practicable a

verbatim transcript of the meeting. Such

record or transcript shall be deposited

promptly with the Administrator and

shall be available to the Attorney

General, the Federal Trade Commission,

and the Secretary of State.

(2) Prior to notification by the

Administrator to the participants of an

international energy supply emergency

as provided in subsection 6(a)(1), notice

of all meetings pursuant to this

subsection 5(c), including time, place,

expected participants and agenda, shall

be provided by or on behalf of

participants attending such meeting at

least 14 calendar days in advance to the

Administrator, unless emergency

circumstances, IEA or IEP requirements,

or other unanticipated circumstances

require shorter notice and such shorter

notice is approved by the Administrator.

In order that full-time federal employees

may be in attendance to monitor any

subgroups, such notice shall if relevant,

indicate the number of simultaneously

meeting subgroups into which the

participants intend to divide.

(3) Subsequent to notification by the

Administrator to the participants of an

international energy supply emergency

as provided in subsection 6(a)(1), the

provisions of subsection 5(c)(2) shall be

complied with to the extent practicable,

provided, however, that, where time

does not permit compliance with the

notice provisions of such subsection,

any group may have meetings so long as

actual notice is given to the

Administrator of such meeting by

telephone or other appropriate means.

For any such emergency meeting the

participants shall provide in writing as

soon as practicable to the Administrator,

the Attorney General, and the Federal

Trade Commission, the time, place

participants or expected participants,

and agenda.

(4) During an international energy

supply emergency, or an emergency or

impending emergency as to which the

Governing Board of the International

Energy Agency determines to implement

emergency measures described in

section 3(i)(2), or a test of the IEA’s

international emergency response

provisions [allocation systems test], any

meeting of the ISAG [Industry Supply

Advisory Group] (or other group with

similar functions) at which

representatives or employees of

participants are present shall be

considered a meeting subject to the

provisions of this section, provided that

the ISAG once convened may be

considered to be in continuous session

for that emergency or test without

further notice.

(d) All approvals granted to

participants by the Administrator and

the Attorney General pursuant to

subsections 5(a) and 5(b)(l) of the

Voluntary Agreement and Program

Relating to the International Energy

Program, which approvals are set out in

Appendix A, shall be deemed to remain

in effect for the purposes of subsections

5(a) and 5(b)(2) of this Agreement,

provided that the persons who received

such approvals become participants in

this Agreement within 45 days of its

effective date. Such approvals shall

extend to subsidiaries and affiliated

entities to the extent that such

subsidiaries and affiliated entities are

covered by this Agreement pursuant to

subsection 9(b)(3).

6. Emergency Allocation

(a)(1) Upon a determination by the

President that an international energy

supply emergency exists, the

Administrator shall notify the

participants to this Agreement.

Thereafter, any participant acting alone,

with other participants, or with other

persons or entities, may take such

actions as may be necessary or

appropriate to implement emergency

allocation programs of the IEA, subject

to the terms and conditions of this

Agreement and plans of action approved

pursuant to this section. Such actions

may include, among others, one or more

of the following:

(A) Arrangements between or among

the participants, or with other persons

and entities, for the most effective use,

without regard to ownership, of

terminal and storage facilities, tankers,

pipeline capacities, and other

transportation facilities so as to

minimize duplications, multiple

loadings and discharging, split cargoes,

long hauling, cross hauling, and back

hauling, and idle time in port.

(B) The carrying out of the Second

Plan of Action to Implement the

International Energy Program, which is

set out in Appendix B.

(C) Alterations in the rate of

production of petroleum. Such

alterations may be accomplished by any

one or more appropriate methods

including the following: increasing or

decreasing drilling for or production of

oil; adjusting or establishing

transportation facilities and crude

throughput facilities, including

adjustments in the throughput, quality

specifications or yields or conversion of

equipment now installed for the

manufacture of any one particular

petroleum product to the manufacture

of another petroleum product; the
Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices 41555

processing of selected crude oils or the

exchange of components between

various refineries; processing

agreements; or exchange of refinery

capacity.

(b) After a determination by the

President that an international energy

supply emergency no longer exists and

publication thereof in the Federal

Register, no further action shall be

initiated pursuant to this section and

action previously initiated shall be

completed as promptly as possible, and

not later than 90 days after notification,

provided that upon specific application,

the Administrator, with the concurrence

of the Attorney General after

consultation with the Federal Trade

Commission, may approve extensions of

such 90 day period.

(c)(1) Prior to notice of a

determination by the President that an

international energy supply emergency

exists, plans of action may be developed

elaborating and applying the allocation

principles and measures established by

the Governing Board of the IEA. Each

such plan shall describe the types of

substantive actions which may be taken

under the plan and shall be as specific

in its description of proposed

substantive actions as is reasonable in

light of øknown¿ circumstances known

at the time of approval. Plans of action

may be modified from time to time and

in particular may be made more detailed

as planning continues. Any plan of

action, or modification thereof, pursuant

to this Agreement may not be carried

out unless approved by the

Administrator, and by the Attorney

General after consultation with the

Federal Trade Commission. Any plan of

action or modification thereof shall be

submitted in writing by the

Administrator to the Attorney General

and the Federal Trade Commission at

least 20 days before being implemented,

provided that during an international

energy supply emergency, the

Administrator, subject to the approval of

the Attorney General, may reduce such

20-day period.

(2) The Attorney General, in

consultation with the Administrator, the

Federal Trade Commission, and the

Secretary of State, or the Administrator

with the approval of the Attorney

General and in consultation with the

Federal Trade Commission and the

Secretary of State, may at any time

review, amend, modify, disapprove, or

revoke, in whole or in part, on his own

motion or upon the request of another

federal agency or interested person, any

plan of action submitted to him for

approval or already approved by him.

The Administrator shall provide notice

to the participants of any approval,

amendment, modification, disapproval,

or revocation of any plan of action.

(3) Except as provided in subsection

5(b)(l), the joint development, joint

formulation, or joint approval by the

participants of any plans of action as

described in this subsection 6(c) shall

take place only at meetings of groups in

which membership by the participants

has been approved pursuant to section

5 and which are conducted in

accordance with the provisions of that

section.

(d) During an international energy

supply emergency, any plans of action

submitted to the Administrator and the

Attorney General shall be deemed to

have been approved if neither the

Attorney General nor the Administrator

has given notice of disapproval to the

participants on or before the expiration

of a 20-dayøs¿ period after receipt of the

plan by the Attorney General and the

Federal Trade Commission, provided

that the Administrator, with the

approval of the Attorney General, may

reduce such 20-day period.

(e)(1) During an international energy

supply emergency, any participant may

initiate individual, joint, or agreed

action in implementation of this

Agreement or plans of action approved

pursuant to this section. Except where

an approved plan of action contains

other provisions for recordkeeping and

reporting to the U.S. Government with

respect to actions taken to carry out the

plan of action, each participant taking

any joint or agreed action or agreeing to

take any action pursuant to this

subsection shall notify the

Administrator and the Attorney General

within 72 hours, or longer period as

may be determined by the

Administrator, after the end of the week

in which such action is taken or agreed

upon.

(2) Such notification shall identify

how such action is in implementation of

approved plans of action, the companies

involved in such action, the quantities

of petroleum involved, and such other

detail as the Administrator may require.

It shall also identify a responsible

person or persons who shall be prepared

to answer inquiries by the

Administrator or the Attorney General

concerning the action agreed upon or

taken.

(3) The Administrator or the Attorney

General may disapprove such action or

such agreement after receipt of notice of

the action or agreement if, after

consultation with the Secretary of State,

he determines that such action or

agreement is not in implementation of

plans of action previously approved by

the Administrator and the Attorney

General.

(4) With respect to any action taken

prior to notice of disapproval by the

Administrator or the Attorney General,

a defense to any civil or criminal action

brought under the antitrust laws (or any

similar State law) shall be available in

accordance with section 252(f) of the

EPCA.

(5) Where action has been

disapproved and appropriate corrective

action has not been taken, the

Administrator may, after consultation

with the Attorney General, the Federal

Trade Commission, and the Secretary of

State, require the withdrawal of the

participant from the Agreement or from

any plan of action approved under this

Agreement. Such withdrawal shall not

affect any power of the Administrator to

otherwise compel corrective action.

7. Agreement of Participants

The participants severally agree that

they shall endeavor in good faith to take

such measures as may be necessary or

appropriate, taking into account such

limitations as may be imposed by

circumstances such as lack of petroleum

resources or facilities, governmental

restrictions or requirements, and

economic or other detriment, to develop

and implement plans of action

contemplated by this Agreement.

The failure of the Administrator, other

government official, or the IEA to take

any action required of them by this

Agreement or any plans of action

approved pursuant to this Agreement

shall not affect the availability of the

antitrust defense provided for actions

taken in accordance with this agreement

and plans of action approved pursuant

to this Agreement.

8. Records

Participants shall keep whatever

records are required by section 252 of

the EPCA and regulation issued

pursuant thereto. In any event, each

participant shall maintain, for a period

of five years, full and complete records

of all its actions related to this

Agreement including but not limited to

(i) all intracorporate documents related

to any meeting held pursuant to Section

5 or any action proposed or carried out

pursuant to Section 6 of this Agreement

and (ii) any specific records and indices

which the Administrator, the Attorney

General, or the Federal Trade

Commission may require. All such

records shall be made available

promptly upon written request to the

Administrator, the Attorney General, or

the Federal Trade Commission. Each

participant shall also make such reports

with respect to any action related to this

Agreement as may be reasonably

required by the Administrator, the
41556 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices

Attorney General, or the Federal Trade

Commission.

9. Approval of Agreement and

Procedure for Becoming a Participant

(a) This Agreement or any amendment

or modification may not be carried out

unless approved by the Attorney

General, after consultation with the

Federal Trade Commission, in

accordance with the EPCA. The

Administrator shall submit to the

Attorney General and the Federal Trade

Commission the proposed agreement or

any amendment or modification, in

writing at least 20 days prior to

implementation, provided that during

an international energy supply

emergency, the Administrator, subject to

the approval of the Attorney General,

may reduce such 20 day period. Upon

the Attorney General’s approval, the

Agreement or any amendment or

modification shall be published in the

Federal Register.

(b)(1) At the time this Agreement is

submitted to the Attorney General for

approval or subsequently, the

Administrator shall submit to the

Attorney General the name of any oil

company whose participation in the

Agreement he has determined to be

appropriate in light of the purposes of

this Agreement. If the Attorney General,

after consultation with the Federal

Trade Commission, approves the

company’s participation, the

Administrator may request such

company in writing to participate. An

oil company shall become a participant

in the Agreement by advising the

Administrator, in writing, of its

acceptance of the Administrator’s

request. The Administrator shall notify

the Attorney General and the Federal

Trade Commission of such acceptances.

Notice of such requests and their

acceptance shall be published in the

Federal Register. Such requests and

their acceptance shall be effective for

the purpose of making available the

antitrust defense provided pursuant to

this Agreement only with respect to

such actions by such companies as are

within the scope of sections 5 and 6 of

this Agreement.

(2) Any oil company which desires to

become a participant may ask that it be

so requested. If the Administrator

determines that its participation is

appropriate in light of the purposes of

this Agreement, he shall, subject to the

approval of the Attorney General after

consultation with the Federal Trade

Commission, request that such company

participate in accordance with the

procedures set forth in paragraph (1) of

this subsection.

(3) Approval of any oil company’s

participation in this Agreement shall

extend to actions of other companies

which (i) are more than 50% owned.

directly or indirectly, by the company to

which approval is granted, (ii) own,

directly or indirectly, more than 50% of

the company to which approval is

granted, or (iii) are more than 50%

owned, directly or indirectly, by a

person described in (ii), provided that

the company to which approval is

granted notifies the Administrator and

the Attorney General of each affiliate to

be covered by this subsection, including

the reasons for its inclusion and the

nature of the company’s ownership; and

provided that neither the Administrator

nor the Attorney General notifies the

participant that he disapproves the

coverage of such affiliate by this

subsection.

10. Notices

Where notice under this Agreement is

required to be furnished by a participant

to the Administrator, the Attorney

General, the Federal Trade Commission

or the Secretary of State, such notice

shall be directed to the following

persons, or to such other persons as the

Administrator, the Attorney General, the

Federal Trade Commission, or the

Secretary of State may designate:

(a) Administrator: The Secretary

[Administrator], U.S. Department of

Energy [Federal Energy Administration],

Washington, D.C. 20585 [20461].

(b) Attorney General: Assistant

Attorney General, Antitrust Division,

Washington, D.C. 20530. ATTN: Chief,

Transportation, Energy and Agriculture

[Public Counsel and Legislative]

Section.

(c) Federal Trade Commission:

Secretary, Federal Trade Commission,

Washington, D.C. 20580., ATTN:

Director, Bureau of Competition.

(d) Secretary of State: Assistant

Secretary of State for Economic and

Business Affairs, Department of State,

Washington, D.C. 20520.

11. Effective Date and Duration

(a) This Agreement or any amendment

or modification shall become effective

upon the date of its approval by the

Attorney General as provided in

subsection 252(d) of the EPCA. Unless

revoked or disapproved by the Attorney

General pursuant to section 252(d), it

shall be effective whenever authorized

by section 252 of the EPCA, or any other

legislation.

(b) The Attorney General, in

consultation with the Federal Trade

Commission, the Secretary of State, and

the Administrator, may review, amend,

modify, or revoke this Agreement, on

his own motion or upon the request of

a federal agency or interested person, at

any time, and, if revoked, thereby

terminate prospectively the availability

of any immunity to the antitrust laws (or

similar state laws) which may be

provided by compliance with this

Agreement. Except as he may otherwise

determine, the Attorney General shall

provide at least 20 days notice to the

Administrator, the Federal Trade

Commission, the Secretary of State, and

the participants of any intention to

amend, modify, or revoke this

Agreement.

12. Withdrawal From Agreement

(a) Any participant may withdraw

from this Agreement upon at least 30

calendar days notice to the

Administrator subject to the fulfillment

of obligations incurred under this

Agreement prior to the date of such

notice, except that when emergency

measures have been undertaken in

accordance with section 6 of the

Agreement or the Administrator

determines that such measures may be

immediately required, the

Administrator may postpone the

effective date of withdrawal for up to 60

calendar days.

(b) The Administrator, after

consultation with the Attorney General,

the Federal Trade Commission, and the

Secretary of State, may by giving not

less than 10 calendar days written

notice to any participant require the

withdrawal of that participant from this

Agreement or any plan of action

approved pursuant to this Agreement.

Appendix 2—Correspondence

Concerning Approval of the

Amendments to the Voluntary

Agreement and Plan of Action to

Implement the International Energy

Program

(1) Letter of the General Counsel of

the Department of Energy to the

Assistant Attorney General of the

Antitrust Division, dated July 7, 1998:

In accordance with section 252(d) of

the Energy Policy and Conservation Act

(EPCA) and section 9(a) of the

‘‘Voluntary Agreement and Plan of

Action to Implement the International

Energy Program,’’ I herewith submit for

your approval proposed amendments to

the Voluntary Agreement.

The proposed amendments to the

Voluntary Agreement implement

changes recently enacted by Public Law

105–177 to section 252 of the EPCA.

The Administration sought the changes

to section 252 to conform the legal

authority for U.S. oil company

participation in International Energy

Agency (IEA) emergency preparedness
Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices 41557

activities to current U.S. and IEA

emergency response policy for oil

supply disruptions. As amended by

Public Law 105–177, the antitrust

defense in section 252 now extends to

participating oil companies when they

assist the IEA in planning for and

implementing coordinated drawdown of

government-owned or governmentcontrolled petroleum stocks, a policy

the U.S. successfully urged upon its IEA

partners. The enclosed amendments

were developed through consultations

among the staffs of the Department of

Energy, the Department of Justice, the

Department of State, the Federal Trade

Commission, and representatives of the

Secretariat of the IEA and counsel to a

number of U.S. oil companies

participating in the Voluntary

Agreement.

Upon your approval, we will provide

notice to the Voluntary Agreement

participants of an intention to adopt the

proposed amendments to the Voluntary

Agreement, as required by section 11(b)

of the Voluntary Agreement. We request

that you adopt the amendments,

pursuant to your authority under

section 252(d)(1) of the EPCA, twenty

days after our provision of such notice

to the participating companies.

The Chairman of the IEA’s Industry

Advisory Board (IAB) has advised the

Department that at the request of the

IEA he has scheduled an IAB meeting

for September 11, 1998, to consider,

among other subjects, issues related to

the design of the IEA’s fall test of its

procedures for coordinated drawdown

of strategic petroleum stocks. To

accommodate the IAB and the IEA, we

must adopt the proposed amendments

by the first week of September.

cc: The Honorable Robert Pitofsky,

Chairman, Federal Trade Commission

Ambassador Alan Larson, Assistant

Secretary of State for Economic and

Business Affairs

Roger W. Fones, Chief, Transportation,

Energy and Agriculture Section,

Antitrust Division.

(2) Letter of the General Counsel of

the Department of Energy to the

Assistant Secretary of State for

Economic and Business Affairs, dated

July 7, 1998:

I am writing to request your comments on

the enclosed proposed amendments to the

‘‘Voluntary Agreement and Plan of Action to

Implement the International Energy

Program.’’ Simultaneously, I am forwarding

this document to the Assistant Attorney

General of the Antitrust Division for his

approval; a copy of my letter to him is

enclosed.

The proposed amendments to the

Voluntary Agreement implement changes

recently enacted by Public Law 105–177 to

section 252 of the Energy Policy and

Conservation Act (EPCA). The

Administration sought the changes to section

252 to conform the legal authority for U.S. oil

company participation in International

Energy Agency (IEA) emergency

preparedness activities to current U.S. and

IEA emergency response policy for oil supply

disruptions. As amended by Public Law 105–

177, the antitrust defense in section 252 now

extends to participating oil companies when

they assist the IEA in planning for and

implementing coordinated drawdown of

government-owned or government-controlled

petroleum stocks, a policy the U.S.

successfully urged upon its IEA partners. The

enclosed amendments were developed

through consultations among staffs of the

Department of Energy, the Department of

Justice, the Department of State, the Federal

Trade Commission, and representatives of

the Secretariat of the IEA and counsel to a

number of the U.S. oil companies

participating in the Voluntary Agreement.

Subject to the approval of the Assistant

Attorney General of the Antitrust Division,

we will provide notice to the Voluntary

Agreement participants of an intention to

adopt the proposed amendment to the

Voluntary Agreement, as required by section

11(b) of the Voluntary Agreement. Thereafter,

in accordance with section 252(d) of the

EPCA and section 11(b) of the Voluntary

Agreement, the Voluntary Agreement would

be formally amended.

The Chairman of the IEA’s Industry

Advisory Board (IAB) has advised the

Department that at the request of the IEA he

has scheduled an IAB meeting for September

11, 1998, to consider, among other subjects,

issues related to the design of the IEA’s fall

test of its procedures for coordinated

drawdown of strategic petroleum stocks. To

accommodate the IAB and the IEA, we must

adopt the proposed amendments by the first

week of September.

It would be appreciated if you would

address any comments you may wish to

make with respect to the proposed

amendments to the Voluntary Agreement

both to the Assistant Attorney General of the

Antitrust Division and to me.

cc: The Honorable Joel I. Klein, Assistant

Attorney General, Antitrust Division

The Honorable Robert Pitofsky, Chairman,

Federal Trade Commission.

(3) Letter of the General Counsel of

the Department of Energy to the

Chairman of the Federal Trade

Commission, dated July 7, 1998:

In accordance with section 252(d) of the

Energy Policy and Conservation Act (EPCA)

and section 9(a) of the ‘‘Voluntary Agreement

and Plan of Action to Implement the

International Energy Program,’’ I herewith

submit for your comments proposed

amendments to the Voluntary Agreement.

Simultaneously, I am forwarding this

document to the Assistant Attorney General

of the Antitrust Division for his approval; a

copy of my letter to him is enclosed.

The proposed amendments to the

Voluntary Agreement implement changes

recently enacted by Public Law 105–177 to

section 252 of the EPCA. The Administration

sought the changes to section 252 to conform

the legal authority for U.S. oil company

participation in International Energy Agency

(IEA) emergency preparedness activities to

current U.S. and IEA emergency response

policy for oil supply disruptions. As

amended by Public Law 105–177, the

antitrust defense in section 252 now extends

to participating oil companies when they

assist the IEA in planning for and

implementing coordinated drawdown of

government-owned or government-controlled

petroleum stocks, a policy the U.S.

successfully urged upon its IEA partners. The

enclosed amendments were developed

through consultations among the staffs of the

Department of Energy, the Department of

Justice, the Department of State, the Federal

Trade Commission, and representatives of

the Secretariat of the IEA and counsel to a

number of U.S. oil companies participating

in the Voluntary Agreement.

Subject to the approval of the Assistant

Attorney General of the Antitrust Division,

we will provide notice to the Voluntary

Agreement participants of an intention to

adopt the proposed amendments to the

Voluntary Agreement, as required by section

11(b) of the Voluntary Agreement. Thereafter,

in accordance with section 252(d) of the

EPCA and section 11(b) of the Voluntary

Agreement, the Voluntary Agreement would

be formally amended.

The Chairman of the IEA’s Industry

Advisory Board (IAB) has advised the

Department that at the request of the IEA he

has scheduled an IAB meeting for September

11, 1998, to consider, among other subjects,

issues related to the design of the IEA’s fall

test of its procedures for coordinated

drawdown of strategic petroleum stocks. To

accommodate the IAB and the IEA, the

Department of Justice must adopt the

proposed amendments by the first week of

September.

It would be appreciated if you would

address any comments you may wish to

make with respect to the proposed

amendments to the Voluntary Agreement

both to the Assistant Attorney General of the

Antitrust Division and to me.

cc: The Honorable Joel I. Klein, Assistant

Attorney General of the Antitrust Division

Ambassador Alan Larson, Assistant Secretary

of State for Economic and Business Affairs

(4) Letter of the Acting Assistant

Attorney General of the Antitrust

Division to the General Counsel of the

Department of Energy, dated July 27,

1998:

This letter is in response to your letter of

July 7, 1998 by which you seek approval

from the Department of Justice

(‘‘Department’’) of proposed amendments to

the ‘‘Voluntary Agreement and Plan of

Action to Implement the International Energy

Program’’ (‘‘Voluntary Agreement’’). The

proposed amendments implement changes

recently enacted to Section 252 of the Energy

Policy and Conservation Act (‘‘EPCA’’) to

extend the antitrust defense to cover advice

given by U.S. oil companies to the

International Energy Agency (‘‘IEA’’) on the

coordinated drawdown of governmentowned or government-controlled oil stocks.
41558 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices

Section 252(d) of EPCA and section 9(a) of

the Voluntary Agreement require the

Department’s approval before the proposed

amendments can be adopted. Those sections

preclude the Department from approving the

amendments until it receives the advice of

the Federal Trade Commission. On July 21,

1998, the Federal Trade Commission

informed the Department that it had no

objection to the Department’s approval of the

proposed amendments.

As you note in your letter, the Department

participated in the development of the

proposed amendments. Our role has been to

ensure that the Voluntary Agreement cannot

be used by participating oil companies to

collude on prices. The Voluntary Agreement

and the proposed amendments provide the

necessary assurances to permit the Voluntary

Agreement participants to proceed with

planned meetings and begin assisting the IEA

in the development of a coordinated

drawdown plan. The Department hereby

approves the proposed amendments.

Division staff will participate with the FTC

in the development of additional

amendments, as needed.

The Department will not adopt the

proposed amendments until twenty days

after you publish a notice of our intention to

adopt them. This procedure is in accordance

with Section 11(b) of the Voluntary

Agreement.

(5) Letter of the Chairman, Federal

Trade Commission, to the Assistant

Attorney General of the Antitrust

Division, dated July 21, 1998:

The Department of Energy recently

requested that you approve the attached

amendments to the Voluntary Agreement and

Plan of Action to Implement the International

Energy Program (‘‘Voluntary Agreement’’).

The Voluntary Agreement requires that the

Commission consult with you before your

approval.

The proposed amendments to the

Voluntary Agreement implement changes

recently enacted by Public Law 105–177 to

Section 252 of the Energy Policy and

Conservation Act. The Administration sought

the changes to Section 252 to enable U.S. oil

companies to advise the International Energy

Agency (‘‘IEA’’) on the coordinated

drawdown of government-owned or

government-controlled oil stocks.

The Commission has no objection to your

approving the proposed amendments. We

note, however, that the proposed

amendments do not contain details of how

U.S. oil companies will interact with each

other and with the IEA in fulfilling the goal

of the recently amended legislation. Our staff

has informed us that these details will be

developed during industry meetings this fall

and will be incorporated in future

amendments to the Voluntary Agreement.

By direction of the Commission.

(6) Letter of the Acting Assistant

Secretary of State for Economic and

Business Affairs to the General Counsel

of the Department of Energy, dated July

24, 1998:

I am responding to your July 7 letter

requesting comments on proposed

amendments to the ‘‘Voluntary Agreement

and Plan of Action to Implement the

International Energy Program.’’

The Department of State supports the

proposed amendments to the Voluntary

Agreement. We believe the amendments to

implement the recently enacted changes to

the Energy Policy and Conservation Act

should facilitate U.S. oil company

participation in the International Energy

Agency’s oil crisis emergency response

activities. Thank you for the opportunity to

review the proposed amendments.

cc: The Honorable Joel I. Klein, Assistant

Attorney General of the Antitrust Division.

The Honorable Robert Pitofsky, Chairman,

Federal Trade Commission

[FR Doc. 98–20727 Filed 8–3–98; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RP98–355–002]

Chandeleur Pipe Line Company;

Notice of Compliance Filing

July 29, 1998.

Take notice that on July 27, 1998,

Chandeleur Pipe Line Company

(Chandeleur) tendered for re-filing as

part of its FERC Gas Tariff, Second

Revised Volume No. 1, revised tariff

sheets to be effective August 1, 1998.

Chandeleur states that Substitute

Second Revised Sheet No. 43 is

resubmitted to correct its length of term

under the capacity release provision to

5 years, as accepted by the Commission

May 7, 1997 on its First Revised Sheet

No. 43 under General Terms and

Conditions, Section 7.8.

Chandeleur states that Third Revised

Sheet No. 69A is resubmitted to correct

the sheet number, which was previously

submitted in error, as First Revised

Sheet No. 69A.

Chandeleur states that it is serving

copies of the filing to its customers,

State Commissions and interested

parties.

Any person desiring to protest this

filing should file a protest with the

Federal Energy Regulatory Commission,

888 First Street, NE., Washington, DC

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 proceedings.

Copies of this filing are on file with the

Commission and are available for public

inspection in the Public Reference

Room.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 98–20674 Filed 8–3–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. CP98–679–000]

Columbia Gas Transmission

Corporation; Notice of Request Under

Blanket Authorization

July 29, 1998.

Take notice that on July 21, 1998,

Columbia Gas Transmission Corporation

(Columbia), 12801 Fair Lakes Parkway,

Fairfax, Virginia 22030–0146, filed in

Docket No. CP98–679–000, a request

pursuant to Section 157.205 and

157.211 of the Commission’s

Regulations under the Natural Gas Act

(18 CFR 157.205 and 157.211) for

authorization to construct a new

delivery point to Columbia Gas of

Virginia, Inc. (CGV), in Prince George

County, Virginia, under Columbia’s

blanket certificate issued in Docket No.

CP83–76–000, pursuant to 18 CFR Part

157, Subpart F of the Natural Gas Act,

all as more fully set forth in the request

which is on file with the Commission

and open to public inspection.

Columbia requests authorization to

construct and operate a new point of

delivery for firm transportation service

and will provide the service pursuant to

Columbia’s blanket certificate issued in

Docket No. CP86–240–000 under

existing rate schedules and within

certificated entitlements.

Columbia states that the estimated

quantities of natural gas to be delivered

at the new delivery point would be

6,000 Dth per day and 2,190,000 Dth

annually. Columbia indicates that CGV

requested the new delivery point to

serve Chaparral Steel, an industrial

customer.

It is stated that the estimated cost to

construct the new delivery point is

$45,800, and that CGV would reimburse

Columbia 100% of the total actual cost

of the proposed construction.

Any person or the Commission’s staff

may, within 45 days after issuance of

the instant notice by the Commission,

file pursuant to Rule 214 of the

Commission’s Procedural Rules (18 CFR

385.214) motion to intervene or notice

of intervention and pursuant to Section

157.205 of the Regulations under the

Natural Gas Act (18 CFR 157.205) a

protest to the request. If no protest is