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

9159 

Vol. 74, No. 40 

Tuesday, March 3, 2009 

1Public Law 104–134, 110 Stat. 1321–373 (1996) 

(codified at 28 U.S.C. 2461 note). 

2 28 U.S.C. 2461 note. 

3 Increased CMPs apply only to violations that 

occur after the increase takes effect. 

4 28 U.S.C. 2461 note (3)(2). 

5The Commission may by order affirm, modify, 

remand, or set aside sanctions, including civil 

monetary penalties, imposed by the PCAOB. See 

Section 107(c) of the Sarbanes-Oxley Act of 2002, 

15 U.S.C. 7217. The Commission may enforce such 

orders in federal district court pursuant to Section 

21(e) of the Securities Exchange Act of 1934. As a 

result, penalties assessed by the PCAOB in its 

disciplinary proceedings are penalties ‘‘enforced’’ 

by the Commission for purposes of the Act. See 

Adjustments to Civil Monetary Penalty Amounts, 

Release No. 33–8530 (Feb. 4, 2005) [70 FR 7606 

(Feb. 14, 2005)]. 

6 28 U.S.C. 2461 note (5). 

7 28 U.S.C. 2461 note (3)(3). 

8 28 U.S.C. 2461 note (5)(b). 

9 28 U.S.C. 2461 note (5)(a)(1)–(6). 

10 15 U.S.C. 7215(c)(4)(D). 

11See 17 CFR 201.1003. 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 201 

[Release Nos. 33–9009; 34–59449; IA–2845; 

IC–28635] 

Adjustments to Civil Monetary Penalty 

Amounts 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: This rule implements the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996. The Commission is adopting a 

rule adjusting for inflation the 

maximum amount of civil monetary 

penalties under the Securities Act of 

1933, the Securities Exchange Act of 

1934, the Investment Company Act of 

1940, the Investment Advisers Act of 

1940, and certain penalties under the 

Sarbanes-Oxley Act of 2002. 

DATES: Effective Date: March 3, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Levine, Assistant General 

Counsel, at (202) 551–5168, or James A. 

Cappoli, Office of the General Counsel, 

at (202) 551–7923. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule implements the Debt 

Collection Improvement Act of 1996 

(‘‘DCIA’’).1 The DCIA amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (‘‘FCPIAA’’) 2 to 

require each federal agency to adopt 

regulations at least once every four years 

that adjust for inflation the maximum 

amount of the civil monetary penalties 

(‘‘CMPs’’) under the statutes 

administered by the agency.3

A civil monetary penalty (‘‘CMP’’) is 

defined in relevant part as any penalty, 

fine, or other sanction that: (1) Is for a 

specific amount, or has a maximum 

amount, as provided by federal law; and 

(2) is assessed or enforced by an agency 

in an administrative proceeding or by a 

federal court pursuant to federal law.4

This definition covers the monetary 

penalty provisions contained in the 

statutes administered by the 

Commission. In addition, this definition 

encompasses the civil monetary 

penalties that may be imposed by the 

Public Company Accounting Oversight 

Board (the ‘‘PCAOB’’) in its disciplinary 

proceedings pursuant to 15 U.S.C. 

7215(c)(4)(D).5

The DCIA requires that the penalties 

be adjusted by the cost-of-living 

adjustment set forth in Section 5 of the 

FCPIAA.6 The cost-of-living adjustment 

is defined in the FCPIAA as the 

percentage by which the U.S. 

Department of Labor’s Consumer Price 

Index for all-urban consumers (‘‘CPI– 

U’’) 7 for the month of June for the year 

preceding the adjustment exceeds the 

CPI–U for the month of June for the year 

in which the amount of the penalty was 

last set or adjusted pursuant to law.8

The statute contains specific rules for 

rounding each increase based on the 

size of the penalty.9 Agencies do not 

have discretion over whether to adjust 

a maximum CMP, or the method used 

to determine the adjustment. Although 

the DCIA imposes a 10 percent 

maximum increase for each penalty for 

the first adjustment pursuant thereto, 

that limitation does not apply to 

subsequent adjustments. 

The Commission administers four 

statutes that provide for civil monetary 

penalties: the Securities Act of 1933; the 

Securities Exchange Act of 1934; the 

Investment Company Act of 1940; and 

the Investment Advisers Act of 1940. In 

addition, the Sarbanes-Oxley Act of 

2002 provides the PCAOB (over which 

the Commission has jurisdiction) 

authority to levy civil monetary 

penalties in its disciplinary 

proceedings.10 Penalties administered 

by the Commission were last adjusted 

by rules effective February 14, 2005.11

The DCIA requires the civil monetary 

penalties to be adjusted for inflation at 

least once every four years. The 

Commission is therefore obligated by 

statute to increase the maximum 

amount of each penalty by the 

appropriate formulated amount. 

Accordingly, the Commission is 

adopting an amendment to 17 CFR Part 

201 to add § 201.1004 and Table IV to 

Subpart E, increasing the amount of 

each civil monetary penalty authorized 

by the Securities Act of 1933, the 

Securities Exchange Act of 1934, the 

Investment Company Act of 1940, the 

Investment Advisers Act of 1940, and 

certain penalties under the SarbanesOxley Act of 2002. The adjustments set 

forth in the amendment apply to 

violations occurring after the effective 

date of the amendment. 

II. Summary of the Calculation 

To explain the inflation adjustment 

calculation for CMP amounts that were 

last adjusted in 2005, we will use the 

following example. Under the current 

provisions, the Commission may impose 

a maximum CMP of $1,275,000 for 

certain insider trading violations by a 

controlling person. To determine the 

new CMP amounts under the 

amendment, first we determine the 

appropriate CPI–U for June of the 

calendar year preceding the year of 

adjustment. Because we are adjusting 

CMPs in 2009, we use the CPI–U for 

June of 2008, which was 218.815. We 

must also determine the CPI–U for June 

of the year the CMP was last adjusted 

for inflation. Because the Commission 

last adjusted this CMP in 2005, we use 

the CPI–U for June of 2005, which was 

194.5. 

Second, we calculate the cost-ofliving adjustment or inflation factor. To 


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9160 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 

12The adjustments in Table IV to Subpart E of 

Part 201 reflect that the operation of the statutorily 

mandated computation, together with rounding 

rules, does not result in any adjustment to one 

penalty. This particular penalty will be subject to 

slightly different treatment when calculating the 

next adjustment. Under the statute, when we next 

adjust these penalties, we will be required to use 

the CPI–U for June of the year when this particular 

penalty was ‘‘last adjusted,’’ rather than the CPI–U 

for 2009. 13 5 U.S.C. 553(b)(3)(B). 

14 5 U.S.C. 553(b)(3)(B). 

15A regulatory flexibility analysis under the 

Regulatory Flexibility Act (‘‘RFA’’) is required only 

when an agency must publish a general notice of 

proposed rulemaking for notice and comment. See 

5 U.S.C. 603. As noted above, notice and comment 

are not required for this final rule. Therefore, the 

RFA does not apply. 

16Additionally, this finding satisfies the 

requirements for immediate effectiveness under the 

Small Business Regulatory Enforcement Fairness 

Act. See 5 U.S.C. 808(2); see also id. 801(a)(4). 17 44 U.S.C. 3501 et seq. 

do this we divide the CPI for June of 

2008 (218.815) by the CPI for June of 

2005 (194.5). Our result is 1.1250. 

Third, we calculate the raw inflation 

adjustment (the inflation adjustment 

before rounding). To do this, we 

multiply the maximum penalty amounts 

by the inflation factor. In our example, 

$1,275,000 multiplied by the inflation 

factor of 1.1250 equals $1,434,391. 

Fourth, we round the raw inflation 

amounts according to the rounding rules 

in Section 5(a) of the FCPIAA. Since we 

round only the increase amount, we 

calculate the increased amount by 

subtracting the current maximum 

penalty amounts from the raw 

maximum inflation adjustments. 

Accordingly, the increase amount for 

the maximum penalty in our example is 

$159,391 (i.e., $1,434,391 less 

$1,275,000). Under the rounding rules, 

if the penalty is greater than $200,000, 

we round the increase to the nearest 

multiple of $25,000. Therefore, the 

maximum penalty increase in our 

example is $150,000. 

Fifth, we add the rounded increase to 

the maximum penalty amount last set or 

adjusted. In our example, $1,275,000 

plus $150,000 yields a maximum 

inflation adjustment penalty amount of 

$1,425,000.12

III. Related Matters 

A. Administrative Procedure Act— 

Immediate Effectiveness of Final Rule 

Under the Administrative Procedure 

Act (‘‘APA’’), a final rule may be issued 

without public notice and comment if 

the agency finds good cause that notice 

and comment are impractical, 

unnecessary, or contrary to public 

interest.13 Because the Commission is 

required by statute to adjust the civil 

monetary penalties within its 

jurisdiction by the cost-of-living 

adjustment formula set forth in Section 

5 of the FCPIAA, the Commission finds 

that good cause exists to dispense with 

public notice and comment pursuant to 

the notice and comment provisions of 

the APA.14 Specifically, the 

Commission finds that because the 

adjustment is mandated by Congress 

and does not involve the exercise of 

Commission discretion or any policy 

judgments, public notice and comment 

is unnecessary.15

Under the DCIA, agencies must make 

the required inflation adjustment to 

civil monetary penalties: (1) According 

to a very specific formula in the statute; 

and (2) within four years of the last 

inflation adjustment. Agencies have no 

discretion as to the amount of the 

adjustment and have limited discretion 

as to the timing of the adjustment, in 

that agencies are required to make the 

adjustment at least once every four 

years. The regulation discussed herein 

is ministerial, technical, and 

noncontroversial. Furthermore, because 

the regulation concerns penalties for 

conduct that is already illegal under 

existing law, there is no need for 

affected parties to have thirty days prior 

to the effectiveness of the regulation and 

amendments to adjust their conduct. 

Accordingly, the Commission believes 

that there is good cause to make this 

regulation effective immediately upon 

publication.16

B. Cost-Benefit Analysis 

The Commission is sensitive to the 

costs and benefits that result from its 

rules. This regulation merely adjusts 

civil monetary penalties in accordance 

with inflation as required by the DCIA, 

and has no impact on disclosure or 

compliance costs. The benefit provided 

by the inflationary adjustment to the 

maximum civil monetary penalties is 

that of maintaining the level of 

deterrence effectuated by the civil 

monetary penalties, and not allowing 

such deterrent effect to be diminished 

by inflation. Furthermore, Congress, in 

mandating the inflationary adjustments, 

has already determined that any 

possible increase in costs is justified by 

the overall benefits of such adjustments. 

C. Paperwork Reduction Act 

This rule does not contain any 

collection of information requirements 

as defined by the Paperwork Reduction 

Act of 1995 as amended.17

D. Statutory Basis 

The Commission is adopting these 

amendments to 17 CFR Part 201, 

Subpart E pursuant to the directives and 

authority of the DCIA, Public Law 104– 

134, 110 Stat. 1321–373 (1996). 

List of Subjects in 17 CFR Part 201 

Administrative practice and 

procedure, Claims, Confidential 

business information, Lawyers, 

Securities. 

Text of Amendment 

■ For the reasons set forth in the 

preamble, part 201, title 17, chapter II of 

the Code of Federal Regulations is 

amended as follows: 

PART 201—RULES OF PRACTICE 

Subpart E—Adjustment of Civil 

Monetary Penalties 

■ 1. The authority citation for part 201, 

Subpart E, is revised to read as follows: 

Authority: 28 U.S.C. 2461 note. 

■ 2. Section 201.1004 and Table IV to 

Subpart E are added to read as follows: 

§ 201.1004 Adjustment of civil monetary 

penalties—2009. 

As required by the Debt Collection 

Improvement Act of 1996, the maximum 

amounts of all civil monetary penalties 

under the Securities Act of 1933, the 

Securities Exchange Act of 1934, the 

Investment Company Act of 1940, the 

Investment Advisers Act of 1940, and 

certain penalties under the SarbanesOxley Act of 2002 are adjusted for 

inflation in accordance with Table IV to 

this subpart. The adjustments set forth 

in Table IV apply to violations occurring 

after March 3, 2009. 


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Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 9161 

Table IV to Subpart E Civil monetary penalty inflation adjustments 

Year penalty 

amount was 

last 

adjusted 

Maximum 

penalty 

amount 

pursuant to 

last 

adjustment 

Adjusted 

maximum 

penalty 

amount U.S. Code citation Civil monetary penalty description 

Securities and Exchange Commission: ....................................................................

15 U.S.C. 77t(d) ....................................... For natural person .......................................... 2001 $6,500 $7,500 

For any other person ..................................... 2005 65,000 75,000 

For natural person/fraud ................................ 2005 65,000 75,000 

For any other person/fraud ............................ 2005 325,000 375,000 

For natural person/substantial losses or risk 

of losses to others.

2005 130,000 150,000 

For any other person/substantial losses or 

risk of losses to others.

2005 650,000 725,000 

15 U.S.C. 78ff(b) ...................................... Exchange Act/failure to file information documents, reports.1996 110 110 

15 U.S.C. 78ff(c)(1)(B) ............................. Foreign Corrupt Practices—any issuer .......... 1996 11,000 16,000 

15 U.S.C. 78ff(c)(2)(C) ............................ Foreign Corrupt Practices—any agent or 

stockholder acting on behalf of issuer.

1996 11,000 16,000 

15 U.S.C. 78u–1(a)(3) ............................. Insider Trading—controlling person ............... 2005 1,275,000 1,425,000 

15 U.S.C. 78u–2 ...................................... For natural person .......................................... 2001 6,500 7,500 

For any other person ..................................... 2005 65,000 75,000 

For natural person/fraud ................................ 2005 65,000 75,000 

For any other person/fraud ............................ 2005 325,000 375,000 

For natural person/substantial losses to others/gains to self.2005 130,000 150,000 

For any other person/substantial losses to 

others/gain to self.

2005 650,000 725,000 

15 U.S.C. 78u(d)(3) ................................. For natural person .......................................... 2001 6,500 7,500 

For any other person ..................................... 2005 65,000 75,000 

For natural person/fraud ................................ 2005 65,000 75,000 

For any other person/fraud ............................ 2005 325,000 375,000 

For natural person/substantial losses or risk 

of losses to others.

2005 130,000 150,000 

For any other person/substantial losses or 

risk of losses to others.

2005 650,000 725,000 

15 U.S.C. 80a–9(d) .................................. For natural person .......................................... 2001 6,500 7,500 

For any other person ..................................... 2005 65,000 75,000 

For natural person/fraud ................................ 2005 65,000 75,000 

For any other person/fraud ............................ 2005 325,000 375,000 

For natural person/substantial losses to others/gains to self.2005 130,000 150,000 

For any other person/substantial losses to 

others/gain to self.

2005 650,000 725,000 

15 U.S.C. 80a–41(e) ................................ For natural person .......................................... 2001 6,500 7,500

For any other person ..................................... 2005 65,000 75,000 

For natural person/fraud ................................ 2005 65,000 75,000 

For any other person/fraud ............................ 2005 325,000 375,000 

For natural person/substantial losses or risk 

of losses to others.

2005 130,000 150,000 

For any other person/substantial losses or 

risk of losses to others.

2005 650,000 725,000 

15 U.S.C. 80b–3(i) ................................... For natural person .......................................... 2001 6,500 7,500 

For any other person ..................................... 2005 65,000 75,000 

For natural person/fraud ................................ 2005 65,000 75,000 

For any other person/fraud ............................ 2005 325,000 375,000 

For natural person/substantial losses to others/gains to self.2005 130,000 150,000 

For any other person/substantial losses to 

others/gain to self.

2005 650,000 725,000 

15 U.S.C. 80b–9(e) .................................. For natural person .......................................... 2001 6,500 7,500 

For any other person ..................................... 2005 65,000 75,000 

For natural person/fraud ................................ 2005 65,000 75,000 

For any other person/fraud ............................ 2005 325,000 375,000 

For natural person/substantial losses or risk 

of losses to others.

2005 130,000 150,000 

For any other person/substantial losses or 

risk of losses to others.

2005 650,000 725,000 

15 U.S.C. 7215(c)(4)(D)(i) ....................... For natural person .......................................... 2005 110,000 120,000 

For any other person ..................................... 2005 2,100,000 2,375,000 

15 U.S.C. 7215(c)(4)(D)(ii) ...................... For natural person .......................................... 2005 800,000 900,000 

For any other person ..................................... 2005 15,825,000 17,800,000 


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9162 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 

1 18 CFR 284.12. 

2Standards for Business Practices of Interstate 

Natural Gas Pipelines, Order No. 587, 61 FR 39053 

(July 26, 1996), FERC Stats. & Regs., ¶ 31,038 

(1996). 

3Some of the standards subsequently were 

corrected and these minor corrections were applied 

to the Version 1.8 Capacity Release Related 

Standards on Dec. 13, 2006. 

4 In this Final Rule, the Commission is requiring 

interstate natural gas pipelines to comply with 

these standards. We are not making these standards 

mandatory for retail transactions. 

5Standards for Business Practices for Interstate 

Natural Gas Pipelines; Standards for Business 

Practices for Public Utilities, Order No. 698, 72 FR 

38757 (July 16, 2007), FERC Stats, & Regs ¶ 31,251 

(2007); order granting clarification and denying 

reh’g, Order No. 698–A, 121 FERC ¶ 61,264 (2007). 

6Standards of Conduct for Transmission 

Providers, Order No. 2004, 68 FR 69134 (Dec. 11, 

2003), FERC Stats. & Regs., ¶ 31,155 (2003); order 

on reh’g, Order No. 2004–B, 69 FR 23562 (Apr. 29, 

2004), FERC Stats. & Regs., ¶ 31,161 (2004); order 

on reh’g, Order No. 2004–B, 69 FR 48371 (Aug. 10, 

2004), FERC Stats. & Regs., ¶ 31,166 (2004); order 

on reh’g, Order No. 2004–C, 70 FR 284 (Jan. 4, 

2005), FERC Stats. & Regs., ¶ 31,172 (2004); order 

on clarification and reh’g, Order No. 2004–D, 110 

FERC ¶ 61,320 (2005). 

7Standards for Business Practices for Interstate 

Natural Gas Pipelines, Notice of Proposed 

Rulemaking, 73 FR 55460 (Sep. 18, 2008), FERC 

Stats. & Regs. ¶ 32,636 (2008). 

8 In its Version 1.8 Standards, the WGQ made the 

following changes to its Version 1.7 standards: 

It revised Principles 1.1.9, 4.1.2, 4.1.6, and 4.1.7, 

Definitions 2.2.4, 4.2.1, 4.2.11, 4.2.12, 4.2.13, and 

4.2.20, Standards 1.3.54, 1.3.60, 1.3.61, 1.3.63, 

Dated: February 25, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–4379 Filed 3–2–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 284 

[Docket No. RM96–1–029; Order No. 

587–T] 

Standards for Business Practices for 

Interstate Natural Gas Pipelines 

Issued February 24, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final Rule. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) is 

amending its regulations that establish 

standards for interstate natural gas 

pipeline business practices and 

electronic communications to 

incorporate by reference into its 

regulations the most recent version of 

the standards, Version 1.8, adopted by 

the Wholesale Gas Quadrant (WGQ) of 

the North American Energy Standards 

Board (NAESB) and to make other 

minor corrections. This rule upgrades 

the Commission’s current business 

practice and communication standards 

to reflect the latest version approved by 

the NAESB WGQ (i.e., the Version 1.8 

Standards), and is necessary to increase 

the efficiency of the pipeline grid, make 

pipelines’ electronic communications 

more secure, and is consistent with the 

mandate that agencies provide for 

electronic disclosure of information. 

DATES: This rule will become effective 

April 2, 2009. Natural gas pipelines are 

required to implement these standards 

on the first day of the month three 

months after the effective date of this 

rule and file tariff sheets to reflect the 

changed standards on the first day of the 

month one month after the effective date 

of this rule. The Director of the Federal 

Register has approved the incorporation 

by reference of the standards addressed 

in this Final Rule effective April 2, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

William Lohrman (technical issues), 

Office of Energy Market Regulation, 

Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8070. 

Kay Morice (technical issues), Office of 

Energy Market Regulation, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–6507. 

Caroline Daly (technical issues), Office 

of Energy Market Regulation, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–8931. 

Gary D. Cohen (legal issues), Office of 

the General Counsel, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–8321. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Jon Wellinghoff, 

Acting Chairman; Suedeen G. Kelly, 

Marc Spitzer, and Philip D. Moeller 

1. The Federal Energy Regulatory 

Commission (Commission) is amending 

§ 284.12 of its regulations (which 

establishes standards for natural gas 

pipeline business practices and 

electronic communications) 1 to 

incorporate by reference the most recent 

version (Version 1.8) of the standards 

promulgated by the Wholesale Gas 

Quadrant (WGQ) of the North American 

Energy Standards Board (NAESB). In 

addition, the Commission is amending 

§ 284.12(b) of its regulations to make 

minor corrections. 

I. Background 

2. Since 1996, in the Order No. 587 

series,2 the Commission has adopted 

regulations to standardize the business 

practices and communication 

methodologies of interstate pipelines in 

order to create a more integrated and 

efficient pipeline grid. In this series of 

orders, the Commission incorporated by 

reference consensus standards 

developed by the WGQ (formerly the 

Gas Industry Standards Board or GISB), 

a private consensus standards developer 

composed of members from all segments 

of the natural gas industry. The WGQ is 

an accredited standards organization 

under the auspices of the American 

National Standards Institute (ANSI). 

3. On September 14, 2007, NAESB 

submitted a report to the Commission 

stating that it had adopted a new 

version of its standards, Version 1.8, 

dated September 30, 2006.3 NAESB 

reported that the Version 1.8 Standards 

include a new set of standards for 

‘‘Internet Electronic Transport’’ that is 

applicable to the retail gas and electric 

markets as well as the wholesale gas 

market,4 changes to the Electronic 

Delivery Mechanism (EDM) Related 

Standards, an additional standard 

related to reporting on gas quality, and 

maintenance changes to the Nomination 

Related Standards and Flowing Gas 

Related Standards. NAESB also reported 

that the Version 1.8 standards included 

several standards already adopted by 

the Commission, including gas-electric 

coordination standards to support 

communications between pipelines and 

gas-fired generators,5 gas quality 

reporting standards to support reporting 

of gas quality specifications and 

reporting of the underlying assumptions 

and methodologies, and business 

practice standards to support 

implementation of Order No. 2004 on 

Standards of Conduct.6

4. On September 18, 2008, the 

Commission issued a Notice of 

Proposed Rulemaking (NOPR) 7 that 

proposed to incorporate by reference the 

WGQ’s Version 1.8 Standards and to 

make minor corrections to § 284.12(b) of 

the Commission’s regulations. The sole 

comment was filed by American Gas 

Association (AGA), which supported 

the adoption of Version 1.8 of the 

standards, but requested modifications 

to the Commission’s relationship with 

NAESB. 

II. Discussion 

5. The Commission’s NOPR proposal 

to amend part 284 of its regulations to 

incorporate by reference Version 1.8 of 

the NAESB WGQ’s consensus 

standards,8 with the two exceptions 


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