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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2.3.21, 2.3.35, 2.3.51, 4.3.1, 4.3.2, 4.3.5, 4.3.16, 

4.3.18, 4.3.22, 4.3.23, and 4.3.25, and Datasets 1.4.1 

through 1.4.7, 2.4.1 through 2.4.4, 2.4.7, 2.4.8, 3.4.1, 

5.4.1 through 5.4.3, 5.4.5, 5.4.7 through 5.4.11, 

5.4.13, 5.4.14, 5.4.15, and 5.4.18 through 5.4.22. 

It added Principles 0.1.3, 4.1.40, and 10.1.1 

through 10.1.9, Definitions 0.2.1, 0.2.2, 0.2.3, and 

10.2.1 through 10.2.38, Standards 0.3.11 through 

0.3.15, 2.3.65, 4.3.89 through 4.3.93, and 10.3.1 

through 10.3.25, and Data Sets 0.4.1, 2.4.17, 2.4.18, 

and 5.4.23. 

It deleted Principles 4.1.9 and 4.1.25, and 

Standards 4.3.6, 4.3.19, 4.3.21, and 4.3.63. 

It deleted the following standards from the EDM 

Related Standards and moved them to the Internet 

Electronic Transport Related Standards: Standards 

4.3.7 through 4.3.15, 4.3.37, 4.3.64, 4.3.70, 4.3.71, 

and 4.3.88. 

It renamed the EDM Related Standards, which are 

now entitled the Quadrant Electronic Delivery 

Mechanism Related Standards. 

9As proposed in the NOPR, the Commission is 

continuing its past practice and is not incorporating 

by reference Standards 4.3.4 and 10.3.2, because 

they are inconsistent with the Commission’s record 

retention requirement in 18 CFR 284.12(b)(3)(v). 

10 In addition, the Commission is amending 

§ 284.12(b) to make two minor corrections. First, we 

correct the reference to the ‘‘Gas Industry Standards 

Board’’ to refer to the ‘‘North American Energy 

Standards Board Wholesale Gas Quadrant.’’ Second, 

we correct the reference to the paragraph 

incorporating the NAESB standards by reference 

from paragraph (b)(1) to paragraph (a)(1). 

11This process first requires a super-majority vote 

of 17 out of 25 members of the WGQ’s Executive 

Committee with support from at least two members 

from each of the five industry segments— 

Distributors, End Users, Pipelines, Producers, and 

Services (including marketers and computer service 

providers). For final approval, 67 percent of the 

WGQ’s general membership voting must ratify the 

standards. 

12Public Law 104–113, § 12(d), 110 Stat. 775 

(1996), 15 U.S.C. 272 note (1997). 

13Standards of Conduct for Transmission 

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

2008), FERC Stats. & Regs ¶ 31,280 (2008), reh’g 

pending. 

14NAESB Policy on Efficient Standards 

Development, adopted by NAESB Board of 

Directors, Sep. 25, 2008, http://www.naesb.org/ 

pdf3/bd092508a2.doc. 

15Public Law 104–113, § 12(d), 110 Stat. 775 

(1996), 15 U.S.C. 272 note (1997). 

noted in the NOPR,9 was not opposed 

by any commenter. Adoption of Version 

1.8 will continue the process of 

updating and improving NAESB’s 

business practice standards for the 

wholesale gas market. The new Internet 

Electronic Transport Related Standards 

will help create a more seamless 

electronic marketplace by providing 

consistent electronic protocols across 

the wholesale gas, as well as the retail 

gas and retail electric markets. The 

standards also include a new standard 

for gas quality reporting (Standard 

4.3.93) that will provide the industry 

with important information about how 

pipelines determine gas quality. 

Standard 4.3.93 requires that the 

pipelines post on their Web sites 

specific information on how the 

pipelines determine gas quality, 

including the industry standard (or 

other methodology, as applicable) that 

the pipeline uses for the following: 

procedures used for obtaining natural 

gas samples, analytical test method(s), 

and calculation method(s), in 

conjunction with any physical 

constant(s) and underlying 

assumption(s). The revisions to the 

Nomination Related Standards and 

Flowing Gas Related Standards are 

designed to ensure that these standards 

reflect current market practices.10

6. The NAESB WGQ approved the 

Version 1.8 Standards under NAESB’s 

consensus procedures.11 As the 

Commission found in Order No. 587, 

adoption of consensus standards is 

appropriate because the consensus 

process helps ensure the reasonableness 

of the standards by requiring that the 

standards draw support from a broad 

spectrum of industry participants 

representing all segments of the 

industry. Moreover, since the industry 

itself has to conduct business under 

these standards, the Commission’s 

regulations should reflect those 

standards that have the widest possible 

support. In section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTT&AA), Congress 

affirmatively requires federal agencies to 

use technical standards developed by 

voluntary consensus standards 

organizations, like NAESB, as means to 

carry out policy objectives or activities 

determined by the agencies unless use 

of such standards would be inconsistent 

with applicable law or otherwise 

impractical.12

7. One of the Version 1.8 standards, 

WGQ Standard 4.3.23, provides 

guidelines for how pipelines post 

transmission provider Standards of 

Conduct-related information on their 

Web sites. However, the Commission 

issued revised Standards of Conduct 

requirements in Order No. 717 13

subsequent to the Version 1.8 standards 

adopted by NAESB. As a result, some of 

the data templates in the NAESB WGQ 

4.3.23 standard are unnecessary. We 

will incorporate Standard 4.3.23, 

because it contains requirements for 

posting that are applicable under Order 

No. 717. However, pipelines will not be 

required to continue to post affiliate 

information that is no longer required to 

be maintained under the Commission’s 

regulations as amended by Order No. 

717. 

8. In addition to comments in support 

of the proposed rule, AGA requested 

that the Commission take a more active 

role in shepherding the development of 

wholesale gas standards. In brief, AGA 

is concerned that the standards process 

takes too long to complete. 

9. We appreciate AGA’s desire that 

standard development proceed quickly. 

We note that NAESB has taken a 

continuing interest in improving its 

standards-setting process, and has, for 

example, recently adopted policies to 

allow standards setting decisions to be 

made more quickly for important 

efforts.14

III. Implementation Dates and 

Procedures 

10. Based on past practice, we are 

adopting an implementation schedule 

designed to provide natural gas 

pipelines adequate time to prepare for 

these changes. Pipelines are required to 

implement the standards we are 

incorporating by reference in this Final 

Rule by the first day of the month three 

months after the effective date of this 

Final Rule. In addition, pipelines are 

required to file tariff sheets to reflect the 

changed standards on the first day of the 

month one month after the effective date 

of this Final Rule to be effective as of 

the implementation date. Pipelines 

incorporating the Version 1.8 standards 

into their tariffs must include the 

standard number and Version 1.8. 

IV. Notice of Use of Voluntary 

Consensus Standards 

11. In section 12(d) of NTT&AA, 

Congress affirmatively requires federal 

agencies to use technical standards 

developed by voluntary consensus 

standards organizations, like NAESB, as 

the means to carry out policy objectives 

or activities determined by the agencies 

unless use of such standards would be 

inconsistent with applicable law or 

otherwise impractical.15 NAESB 

approved the standards under its 

consensus procedures. Office of 

Management and Budget Circular A–119 

(§ 11) (February 10, 1998) provides that 

federal agencies should publish a 

request for comment in a NOPR when 

the agency is seeking to issue or revise 

a regulation proposing to adopt a 

voluntary consensus standard or a 

government-unique standard. On 

September 18, 2008, the Commission 

issued a NOPR that proposed to 

incorporate by reference NAESB’s 

Version 1.8 Standards. The Commission 

took comments on the NOPR into 

account in fashioning this Final Rule. 

V. Information Collection Statement 

12. The Office of Management and 

Budget’s (OMB) regulations in 5 CFR 

1320.11 require that it approve certain 

reporting and recordkeeping 

requirements (collections of 

information) imposed by an agency. 

Upon approval of a collection of 


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16 Data collection FERC–545 covers rate change 

filings made by natural gas pipelines, including 

tariff changes. (OMB control No. 1902–0154) 

17 Data collection FERC–549C covers Standards 

for Business Practices of Interstate Natural Gas 

Pipelines. (OMB Control No. 1902–0174) 

18 5 CFR 1320.11. 

19 44 U.S.C. 3504 note, Public Law 105–277, 

1701, 112 Stat. 2681–749 (1998). 

information, OMB will assign an OMB 

control number and an expiration date. 

Respondents subject to the filing 

requirements of this Final Rule will not 

be penalized for failing to respond to 

these collections of information unless 

the collections of information display a 

valid OMB control number. 

13. This Final Rule upgrades the 

Commission’s current business practice 

and communication standards to the 

latest edition approved by the NAESB 

WGQ (i.e., the Version 1.8 Standards). 

14. The implementation of these 

standards 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. 

Requiring such information ensures a 

common means of communication and 

ensures common business practices that 

provide participants engaged in 

transactions with interstate pipelines 

with timely information and uniform 

business procedures across multiple 

pipelines. 

15. The following burden estimates 

include the costs to implement the 

WGQ’s revised business practice 

standards and communication protocols 

for interstate natural gas pipelines. The 

implementation of these data 

requirements will help the Commission 

carry out its responsibilities under the 

Natural Gas Act of promoting the 

efficiency and reliability of the natural 

gas industry’s operations. In addition, 

the Commission’s Office of Energy 

Market Regulation will use the data for 

general industry oversight. 

16. The Commission sought 

comments on the Commission’s 

estimate provided in the NOPR of the 

burden associated with adoption of the 

NOPR proposals. In response to the 

NOPR, no comments were filed that 

addressed the reporting burden imposed 

by these requirements. Therefore the 

Commission will use these same 

estimates in this Final Rule. The 

substantive issue raised by the sole 

commenter on the NOPR is addressed in 

this preamble. 

Data collection No. of 

respondents 

No. of responses 

per respondent 

Hours per 

response 

Total No. of 

hours 

FERC–545 16 .................................................................................... 168 1 10 1,680 

FERC–549C 17 ................................................................................. 126 1 1,181 148,806 

Total Annual Hours for Collection 

(Reporting and Recordkeeping, (if 

appropriate)) = 150,486. 

17. Information Collection Costs: The 

Commission sought comments on the 

costs to comply with these 

requirements. It has projected the 

average annualized cost for all 

respondents to be the following: 

FERC–545 FERC– 

549C 

Annualized Capital/Startup Costs .................................................................................................................................... $211,680 $12,743,010 

Annualized Costs (Operations & Maintenance) .............................................................................................................. 0 0 

Total Annualized Costs ............................................................................................................................................ 211,680 12,743,010 

Total Cost for all Respondents = 

$12,954,690. 

18. OMB regulations 18 require OMB 

to approve certain information 

collection requirements imposed by 

agency rule. The Commission is 

submitting notification of this Final 

Rule to OMB. 

Title: FERC–545, Gas Pipeline Rates: 

Rates Change (Non-Formal); FERC– 

549C, Standards for Business Practices 

of Interstate Natural Gas Pipelines. 

Action: Information collections. 

OMB Control Nos.: 1902–0154, 1902– 

0174. 

Respondents: Business or other for 

profit, (Interstate natural gas pipelines 

(Not applicable to small business)). 

Frequency of Responses: One-time 

implementation (business procedures, 

capital/start-up). 

Necessity of Information: The 

Commission’s regulations adopted in 

this rule are 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.19

Requiring such information ensures 

both a common means of 

communication and common business 

practices that provide participants 

engaged in transactions with interstate 

pipelines with timely information and 

uniform business procedures across 

multiple pipelines. 

19. The information collection 

requirements of this Final Rule will be 

reported directly to the industry users. 

The implementation of these data 

requirements will help the Commission 

carry out its responsibilities under the 

Natural Gas Act to monitor activities of 

the natural gas industry to ensure its 

competitiveness and to assure the 

improved efficiency of the industry’s 

operations. The Commission’s Office of 

Energy Market Regulation will use the 

data in rate proceedings to review rate 

and tariff changes by natural gas 

companies for the transportation of gas, 

for general industry oversight, and to 

supplement the documentation used 

during the Commission’s audit process. 

20. Internal Review: The Commission 

has reviewed the requirements 

pertaining to business practices and 

electronic communication with 

interstate natural gas pipelines and has 

made a determination that these 

revisions are necessary to establish a 

more efficient and integrated pipeline 

grid. These requirements conform to the 

Commission’s plan for efficient 

information collection, communication, 

and management within the natural gas 

industry. The Commission has assured 

itself, by means of its internal review, 

that there is specific, objective support 

for the burden estimates associated with 

the information requirements. 

21. Interested persons may obtain 

information on the reporting 

requirements by contacting the 

following: 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 


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20Regulations Implementing the National 

Environmental Policy Act, Order No. 486, 52 FR 

47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 

(1987). 

21 18 CFR 380.4 

22 5 U.S.C. 601–612. 

23 5 U.S.C. 601–604. 

24 5 U.S.C. 601(3), citing section 3 of the Small 

Business Act, 15 U.S.C. 623. Section 3 of the SBA 

defines a ‘‘small business concern’’ as a business 

which is independently owned and operated and 

which is not dominant in its field of operation. The 

Small Business Size Standards component of the 

North American Industry Classification System 

defines a small natural gas pipeline company as one 

that transports natural gas and whose annual 

receipts (total income plus cost of goods sold) did 

not exceed $6.5 million for the previous year. 

20426; [Attention: Michael Miller, 

Office of the Executive Director, 

Phone: (202) 502–8415, fax: (202) 

273–0873, e-mail: 

michael.miller@ferc.gov;] or by 

contacting: 

Office of Management and Budget, 

Office of Information and Regulatory 

Affairs, Washington, DC 20503; 

[Attention: Desk Officer for the 

Federal Energy Regulatory 

Commission, phone: (202) 395–7345, 

fax: (202) 395–7285]. 

VI. Environmental Analysis 

22. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.20 The Commission has 

categorically excluded certain actions 

from these requirements as not having a 

significant effect on the human 

environment.21 The actions adopted 

here fall within categorical exclusions 

in the Commission’s regulations for 

rules that are clarifying, corrective, or 

procedural, for information gathering 

analysis, and dissemination, and for 

sales, exchange, and transportation of 

natural gas and electric power that 

requires no construction of facilities. 

Therefore, an environmental assessment 

is unnecessary and has not been 

prepared in this Final Rule. 

VII. Regulatory Flexibility Act 

23. The Regulatory Flexibility Act of 

1980 (RFA) 22 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities. In drafting a rule an agency is 

required to: (1) Assess the effect that its 

regulation will have on small entities; 

(2) analyze effective alternatives that 

may minimize a regulation’s impact; 

and (3) make the analysis available for 

public comment.23

24. The regulations we are adopting in 

this Final Rule impose requirements 

only on interstate pipelines, the 

majority of which are not small 

businesses. In this regard, we note that, 

under the industry standards used for 

the RFA, a natural gas pipeline 

company qualifies as a ‘‘small entity’’ if 

it had annual receipts of $ 6.5 million 

or less.24 Most companies regulated by 

the Commission do not fall within the 

RFA’s definition of a small entity. 

Approximately 168 entities would be 

potential respondents subject to data 

collection FERC–545 reporting 

requirements; of those, about 126 

natural gas companies (including 

storage) would also be subject to data 

collection FERC–549C reporting 

requirements. Nearly all of these entities 

are large entities. For the year 2007 (the 

most recent year for which information 

is available), only four companies not 

affiliated with larger companies had 

annual revenues of less than $ 6.5 

million, which is about three percent of 

the total universe of potential 

respondents. Moreover, these 

requirements are designed to benefit all 

customers, including small businesses. 

As noted above, adoption of consensus 

standards helps ensure the 

reasonableness of the standards by 

requiring that the standards draw 

support from a broad spectrum of 

industry participants representing all 

segments of the industry. Because of 

that representation and the fact that 

industry conducts business under these 

standards, the Commission’s regulations 

should reflect those standards that have 

the widest possible support. 

25. Accordingly, pursuant to section 

605(b) of the RFA, the Commission 

hereby certifies that the regulations 

adopted herein will not have a 

significant adverse impact on a 

substantial number of small entities. 

VIII. Document Availability 

26. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. Eastern time) at 888 First 

Street, NE., Room 2A, Washington DC 

20426. 

27. From FERC’s Home Page on the 

Internet, this information is available on 

eLibrary. The full text of this document 

is available on eLibrary in PDF and 

Microsoft Word format for viewing, 

printing, and/or downloading. To access 

this document in eLibrary, type the 

docket number excluding the last three 

digits of this document in the docket 

number field. User assistance is 

available for eLibrary and the FERC’s 

Web site during normal business hours 

from FERC Online Support at (202) 502– 

6652 (toll-free at 1–866–208–3676) or email at ferconlinesupport@ferc.gov, or 

the Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. E-Mail the 

Public Reference Room at 

public.refererenceroom@ferc.gov. 

IX. Effective Date and Congressional 

Notification 

28. These regulations are effective 

April 2, 2009. The Commission has 

determined, with the concurrence of the 

Administrator of the Office of 

Information and Regulatory Affairs of 

OMB, that this rule is not a ‘‘major rule’’ 

as defined in section 351 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 

List of Subjects in 18 CFR Part 284 

Continental shelf, Incorporation by 

reference, Natural gas, Reporting and 

recordkeeping requirements. 

By the Commission. Commissioner 

Kelliher is not participating. Commissioner 

Moeller concurring with a separate statement 

attached. 

Kimberly D. Bose, 

Secretary. 

■ In consideration of the foregoing, the 

Commission amends Part 284 of Chapter 

I, Title 18, Code of Federal Regulations, 

as follows. 

PART 284—CERTAIN SALES AND 

TRANSPORTATION OF NATURAL GAS 

UNDER THE NATURAL GAS POLICY 

ACT OF 1978 AND RELATED 

AUTHORITIES 

■ 1. The authority citation for part 284 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w, 3301– 

3432; 42 U.S.C. 7101–7352; 43 U.S.C. 1331– 

1356. 

■ 2. Section 284.12 is amended by 

revising paragraphs (a)(1)(i) through (vi), 

adding paragraph (a)(1)(vii), and 

revising the introductory text of 

paragraph (b) to read as follows: 

§ 284.12 Standards for pipeline business 

operations and communications. 

(a) * * * 

(1) * * * 

(i) Additional Standards (General 

Standards, Creditworthiness Standards, 

and Gas/Electric Operational 

Communications Standards) (Version 

1.8, September 30, 2006); 

(ii) Nominations Related Standards 

(Version 1.8, September 30, 2006); 

(iii) Flowing Gas Related Standards 

(Version 1.8, September 30, 2006); 


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9166 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 

(iv) Invoicing Related Standards 

(Version 1.8, September 30, 2006); 

(v) Quadrant Electronic Delivery 

Mechanism Related Standards (Version 

1.8, September 30, 2006) with the 

exception of Standard 4.3.4; 

(vi) Capacity Release Related 

Standards (Version 1.8, September 30, 

2006 (with minor corrections applied 

December 13, 2006); and 

(vii) Internet Electronic Transport 

Related Standards (Version 1.8, 

September 30, 2006) with the exception 

of Standard 10.3.2. 

* * * * * 

(b) Business practices and electronic 

communication requirements. An 

interstate pipeline that transports gas 

under subparts B or G of this part must 

comply with the following 

requirements. The regulations in this 

paragraph adopt the abbreviations and 

definitions contained in the North 

American Energy Standards Board 

Wholesale Gas Quadrant standards 

incorporated by reference in paragraph 

(a)(1) of this section. 

* * * * * 

Note: The following text will not appear in 

the Code of Federal Regulations. 

United States of America 

Federal Energy Regulatory Commission 

Docket No. RM96–1–029. 

Standards for Business Practices for 

Interstate Natural Gas Pipelines 

(Issued February 24, 2009.) 

MOELLER, Commissioner, concurring: 

The American Gas Association (AGA), in 

its comments, contends that the NAESB 

process takes too long to complete. Because 

of that, AGA urges the Commission to review 

its procedures and relationship with NAESB 

with the goal of streamlining the process by 

which business practices standards are 

developed, approved and incorporated into 

the Commission’s regulations. In particular, 

AGA identifies delays that have occurred in 

NAESB’s technical implementation as well as 

in development and publication of standards. 

I recognize that some of the delay may be 

attributable to the Commission’s own 

processes and priorities; however, AGA has 

identified areas, such as technical 

development, in which NAESB can improve 

its procedures. I appreciate the Wholesale 

Gas Quadrant’s current efforts as referenced 

in the final rule (as well as the dedication of 

NAESB staff) to improve its procedures, and 

I urge NAESB and its volunteers to continue 

its work to find and identify areas in which 

its processes can become more efficient and 

timely. 

Philip D. Moeller, 

Commissioner. 

[FR Doc. E9–4295 Filed 3–2–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R04–OAR–2008–0681; FRL–8769–6] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

North Carolina 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule—consistency update. 

SUMMARY: EPA is finalizing the update 

of the Outer Continental Shelf (OCS) Air 

Regulations proposed in the Federal 

Register on November 5, 2008. 

Requirements applying to OCS sources 

located within 25 miles of states’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (COA), as mandated by the 

Clean Air Act (‘‘CAA’’ or ‘‘the Act’’). 

The portion of the OCS air regulations 

that is being updated pertains to the 

requirements for OCS sources for which 

the State of North Carolina has been 

designated COA. The effect of approving 

the OCS requirements for the State of 

North Carolina is to regulate emissions 

from OCS sources in accordance with 

the requirements onshore. The change 

to the existing requirements discussed 

below will be incorporated by reference 

into the Code of Federal Regulations 

(CFR) and is listed in the appendix to 

the OCS air regulations. This action is 

an annual update of the North 

Carolina’s OCS Air Regulations. These 

rules include revisions to existing rules 

that already apply to OCS sources. No 

comments were received on the 

November 5, 2008, proposal. 

DATES: Effective Date: This rule is 

effective on April 2, 2009. The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of April 2, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R04–OAR–2008–0681 for 

this action. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Air Permits Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can also be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. The following outline is provided 

to aid in locating information in this 

preamble. 

I. Background and Purpose 

II. EPA Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On November 5, 2008, EPA 

promulgated 40 CFR part 55, which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain federal and state 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the Act. Part 55 applies to all 

OCS sources offshore of the states 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

Section 328 of the Act requires that for 

such sources located within 25 miles of 

a state’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 

in the COA. Because the OCS 

requirements are based on onshore 

requirements, and onshore requirements 

may change, section 328(a)(1) of the Act 

requires that EPA update the OCS 

requirements as necessary to maintain 

consistency with onshore requirements. 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of states’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. This 

process is distinct from the State 

Implementation Plan (SIP) process and 


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