15374 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 

1Standards of Conduct for Transmission 

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

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

pending. 

2The Commission recently accepted Duke’s 

compliance filing, but deferred action on its request 

for waiver of NAESB’s business practice standards. 

See Duke Energy Carolinas, LLC, 126 FERC ¶ 61, 

226 (2009). 

had not been received by the date the 

final rule was published, the effective 

date of the associated permitting, 

reporting, and VMS requirements in that 

rule was delayed. OMB approved the 

collection–of–information requirements 

on March 9, 2009. 

Classification 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act (PRA), unless that 

collection of information displays a 

currently valid OMB control number. 

This final rule contains new 

collection–of–information requirements 

subject to the PRA under OMB Control 

Numbers 0648–0584 (CNMI bottomfish 

fishing permits, vessel identification, 

and VMS requirements) and 0648–0214 

(CNMI bottomfish fishing logs and sales 

reports). The public reporting burden 

for these requirements is estimated to be 

0.5 hr per permit applicant, with 

renewals requiring an additional 0.5 hr 

annually, 20 min for completing a 

fishing logbook each day, and 

approximately 35 min per vessel per 

fishing trip for completing Federal sales 

reports. For the purpose of this rule 

only, vessels larger than 40 ft (12.2 m) 

in length are required to submit Federal 

sales reports. These estimates include 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. Send 

comments regarding these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to William L. 

Robinson (see ADDRESSES), or by e–mail 

to DavidlRostker@omb.eop.gov, or fax 

to 202–395–7285. 

List of Subjects in 15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

Dated: April 1, 2009. 

Samuel D. Rauch III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service 

■ For the reasons set out in the 

preamble, 15 CFR part 902 is amended 

as follows: 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

■ 1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, amend the table in 

paragraph (b), under the entry ‘‘50 CFR’’ 

by removing the entry for ‘‘665.25’’, 

adding an entry for ‘‘665.19’’ in 

numerical order, and revising the 

entries for ‘‘665.16’’ and ‘‘665.61’’ to 

read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) * * * 

CFR part or 

section 

where the 

information 

collection 

requirement 

is located 

Current OMB control number 

(all numbers begin with 

0648–) 

* * * * * * * 

50 CFR 

* * * * * * * 

665.16 –0360 and –0584 

* * * * * * * 

665.19 –0441 and –0584 

* * * * * * * 

665.61 –0490 and –0584 

* * * * * * * 

[FR Doc. E9–7707 Filed 4–3–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 38 

Docket No. RM05–5–000; OA08–50–002] 

Standards for Business Practices and 

Communication Protocols for Public 

Utilities; Duke Energy Carolinas, LLC 

Issued March 30, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Order on Requests for Waiver. 

SUMMARY: The Federal Energy 

Regulatory Commission grants in part, 

and denies in part, requests for waiver 

of certain North American Electric 

Standards Board (NAESB) business 

practice standards incorporated into 

Part 38 of the Commission’s regulations. 

DATES: Effective Date: This rule will 

become effective April 6, 2009. 

FOR FURTHER INFORMATION CONTACT: W. 

Mason Emnett, Office of the General 

Counsel—Energy Markets, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

(202) 502–6540. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Jon 

Wellinghoff, Chairman; Suedeen G. 

Kelly, Marc Spitzer, and Philip D. 

Moeller. 

1. On January 6, 2009, the Edison 

Electric Institute (EEI) submitted in 

Docket No. RM05–5–000 a request on 

behalf of electric transmission providers 

that the Commission issue a blanket 

waiver of certain North American 

Electric Standards Board (NAESB) 

business practice standards 

incorporated into the Commission’s 

regulations. EEI states that the NAESB 

business practices require the posting of 

information that is inconsistent with the 

Commission’s posting requirements 

under Part 358 of its regulations, as 

amended in Order No. 717.1 The 

Commission grants in part, and denies 

in part, the requested waiver, as 

discussed below. 

2. On January 16, 2009, Duke Energy 

Carolinas, LLC (Duke) renewed EEI’s 

request for waiver in Docket No. OA08– 

50–002 as part of a compliance filing 

proposing to incorporate the latest 

version of NAESB’s business practice 

standards into Duke’s Open Access 

Transmission Tariff (OATT).2 Duke 

proposed incorporating a reference to 

the pending request for waiver into 

certain provisions of its OATT. The 

Commission directs Duke to submit a 

further compliance filing, described 

below, to reflect the Commission’s 

decision to grant in part, and deny in 

part, the requested waiver. 

I. Background 

3. NAESB is a non-profit standards 

development organization established in 

January 2002 that serves as an industry 

forum for the development of standards 

that promote a seamless marketplace for 

wholesale and retail natural gas and 

electricity. In a series of orders, the 

Commission has incorporated certain of 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 15375 

3Standards for Business Practices and 

Communication Protocols for Public Utilities, Order 

No. 676, 71 FR 26199 (May 4, 2006), FERC Stats. 

& Regs. ¶ 31,216 (2006), reh’g denied, Order No. 

676–A, 116 FERC ¶ 61,255 (2006), Order No. 676– 

B, 72 FR 21095 (Apr. 30, 2007), FERC Stats. & Regs. 

¶ 31,246 (2007), Order No. 676–C, 73FR 43848 (July 

29, 2008, FERC Stats. & Regs. ¶ 31,274 (2008), Order 

No. 676–D, 124 FERC ¶ 61,317 (2008); Standards 

for Business Practices for Interstate Natural Gas 

Pipelines, Order No. 698, 72 FR 38757 (July 16, 

2007), FERC Stats. & Regs. ¶ 31,251 (2007), order 

on clarification and reh’g, Order No. 698–A, 121 

FERC ¶ 61,264 (2007). 

4Standards of Conduct for Transmission 

Providers, Order No. 2004, 68 FR 69134 (Nov. 25, 

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

on reh’g, Order No. 2004–A, 69 FR 23562 (Apr. 20, 

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 reh’g, Order No. 2004–D, 110 FERC ¶ 61,320 

(2005), vacated and remanded as it applies to 

natural gas pipelines sub nom. Nat’l Fuel Gas 

Supply Corporation v. FERC, 468 F.3d 831 (D.C. Cir. 

2006). 

5Order No. 676–C, FERC Stats. & Regs. ¶ 31,274 

at P 9; see 18 CFR 38.2 (2008). 

6 Id. P 7, n.10; see 18 CFR38.2(a)(1). 

7Standards for Business Practices and 

Communication Protocols for Public Utilities, 

Notice of Proposed Rulemaking, 70 FR 28222 (May 

17, 2005), FERC Stats. & Regs. ¶ 32,582, at P 33– 

34 (2005). 

8Standards for Business Practices and 

Communications Protocols for Public Utilities, 

Notice of Proposed Rulemaking, FERC Stats. & Regs. 

¶ 32,640 (2009). 

NAESB’s standards into its regulations.3

The NAESB standards include 

standards for business practices as well 

as standards and protocols for electronic 

communication on the Open Access 

Same-time Information System (OASIS). 

4. Of particular relevance here, 

requirement WEQ–002–4.5.2 of 

NAESB’s Business Practices for OASIS 

Standards and Communications 

Protocol (OASIS S&C Protocol), version 

1.4, directs transmission providers to 

establish a Standards of Conduct link on 

their OASIS home pages that contains 

information that the Commission in 

Order No. 2004 required transmission 

providers to post on their OASIS sites.4

Requirement WEQ–001–1.6(g)(4) of the 

Business Practices for Open Access 

Same-Time Information System (OASIS 

Business Practices), version 1.4, 

provides for the posting of logs, also 

required in Order No. 2004, detailing 

the circumstances and manner in which 

a transmission provider exercises 

discretion under its OATT. Requirement 

WEQ–002–4.3.10.5 of the OASIS S&C 

Protocol, version 1.4, establishes the 

template to be used when posting such 

acts of discretion. 

5. In Order No. 676–C, the 

Commission incorporated by reference 

into Part 38 of its regulations version 1.4 

of the OASIS S&C Protocol, including 

WEQ–002.4.5.2 and WEQ–002– 

4.3.10.5.5 However, the Commission 

declined to incorporate into its 

regulations the entirety of version 1.4 of 

the OASIS Business Practices.6 Among 

other things, the Commission declined 

to incorporate WEQ–001–1.6, having 

explained in the Notice of Proposed 

Rulemaking initiating the proceeding 

that this business practice merely 

duplicates language already set forth in 

the Commission’s regulations and, 

therefore, is not appropriate for 

incorporation.7

6. On September 2, 2008, NAESB 

reported to the Commission that its 

Wholesale Electric Quadrant (WEQ) 

Executive Committee had approved new 

versions of its standards, including the 

OASIS Business Practices and the 

OASIS S&C Protocol. In the new 

versions of these standards, the 

directive to establish a Standards of 

Conduct link on the OASIS is moved 

from requirement WEQ–002–4.5.2 to 

requirement WEQ–001–1–13.1.2. The 

language of the new requirement WEQ– 

001–1–13.1.2 is substantially identical 

to the prior version of WEQ–002–4.5.2, 

which has been amended to crossreference the replacement language of 

WEQ–001–1–13.1.2. The requirements 

of WEQ–001–1.6(g)(4) and WEQ–002– 

4.3.10.5 are unchanged. The revised 

versions of the OASIS Business 

Practices and OASIS S&C Protocol are 

the subject of a Notice of Proposed 

Rulemaking issued recently in Docket 

No. RM05–5–013.8 Until such time as 

the Commission acts in that proceeding, 

version 1.4 of those standards remains 

in effect. 

7. On October 16, 2008, the 

Commission issued Order No. 717, 

reforming the Standards of Conduct 

applicable to transmission providers 

and adopting corresponding revisions to 

Part 358 of the Commission’s 

regulations. Among other things, the 

Commission eliminated various posting 

requirements previously imposed under 

Order No. 2004, including the 

requirement to post certain information 

identified in version 1.4 of requirements 

WEQ–001–1.6(g)(4), WEQ–002.4.3.10.5, 

and WEQ–002–4.5.2. 

II. Requests for Waiver 

A. Docket No. RM05–5–000 

8. On behalf of all electric 

transmission providers, EEI requests in 

Docket No. RM05–5–000 that the 

Commission waive the requirements of 

WEQ–001–1.6(g)(4), version 1.4, and 

WEQ–002–4.5.2 and WEQ–002.4.3.10.5, 

version 1.4. EEI contends that these 

business practice standards are no 

longer consistent with the posting 

requirements under the Standards of 

Conduct as reformed in Order No. 717. 

Specifically, EEI states that WEQ–002– 

4.5.2, version 1.4, provides that 

transmission providers should post 

information on their OASIS sites 

regarding emergency circumstances 

deviations, marketing and energy 

affiliates, shared facilities, 

organizational charts and job 

descriptions, common employees, 

potential merger partners, transfers, 

information disclosures, voluntary 

consent to share non-affiliated customer 

information, discretionary actions under 

the OATT, discounts, chief compliance 

officers, and written implementation 

procedures. Although EEI acknowledges 

that the use of ‘‘should’’ in the business 

practice standard is arguably not 

mandatory, EEI states that WEQ–001– 

1.6(g)(4), version 1.4, requires the 

posting of discretionary actions under 

the OATT and that WEQ–002–4.3.10.5, 

version 1.4, dictates the exact template 

the transmission provider must use 

when posting a log of acts of discretion. 

9. EEI states that, in Order No. 717, 

the Commission made significant 

changes to the Standards of Conduct. 

EEI notes that the Commission, among 

other things, eliminated the requirement 

to post an organizational chart, 

eliminated the requirement to post 

emergency circumstances deviations, 

altered the requirement to post 

information regarding affiliates, 

eliminated the requirement to post 

common employees, and eliminated the 

discount posting requirement. As a 

result, EEI states that the NAESB 

business practices standards impose or 

suggest requirements that are no longer 

reflected in the Commission’s Standards 

of Conduct. EEI states that one or more 

of its members will be seeking to change 

the relevant NAESB standards to reflect 

Order No. 717, but in the interim EEI 

requests that the Commission issue a 

blanket waiver to confirm that 

transmission providers are not obligated 

to abide by NAESB standards that 

impose or suggest posting requirements 

under the Standards of Conduct that 

have been eliminated by Order No. 717. 

B. OA08–50–002 

10. Duke renews EEI’s request for 

waiver as part of a compliance filing in 

Docket No. OA08–50–002 proposing to 

incorporate the latest version of 

NAESB’s business practice standards. 

Duke states that it supports EEI’s request 

for waiver and, to that end, Duke 

proposes to exclude WEQ 001–1.6(g)(4), 

WEQ–002–4.5.2, and WEQ–002– 

4.3.10.5 from the incorporation of the 

NAESB OASIS Business Practices and 

OASIS S&C Protocol into its OATT. The 


pwalker on PROD1PC71 with RULES
15376 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 

9See 18 CFR 358.7(h) (as revised by Order No. 

717 at P 214). 

10The Commission’s determination here is 

consistent with its proposal in the Notice of 

Proposed Rulemaking addressing recent revisions to 

the NAESB business practice standards to not 

require public utilities to comply with the 

requirements of WEQ–001–13.1.2, version 1.5, that 

are inconsistent with Order No. 717. See Standards 

for Business Practices and Communications 

Protocols for Public Utilities, FERC Stats. & Regs. ¶ 

32,640, at P 16 (2009). 

11See 18 CFR 38.2(b)(1). As noted above, the 

Commission declined to incorporate into its 

regulations the requirements of WEQ–001–1.6, 

version 1.4, because those requirements merely 

duplicate language already set forth in the 

Commission’s regulations. 

12See 18 CFR 38.2(b)(2). 

Commission recently accepted Duke’s 

filing as it related to other compliance 

obligations, but deferred action on the 

request for waiver of the NAESB 

business practice standards. 

III. Commission Determination 

11. The Commission grants in part, 

and denies in part, the requested 

waiver. EEI and Duke request waiver of 

three NAESB business practice 

standards: WEQ–001–1.6(g)(4) of the 

OASIS Business Practices, version 1.4; 

and, WEQ–002–4.5.2 and WEQ– 

002.4.3.10.5 of the OASIS S&C Protocol, 

version 1.4. The Commission grants 

waiver of the posting requirements of 

WEQ–002–4.5.2, version 1.4, to the 

extent they extend beyond the 

requirements of Part 358 of the 

Commission’s regulations, as amended 

by Order No. 717. The Commission 

denies as unnecessary the request for 

waiver of WEQ–001–1.6(g)(4) and 

WEQ–002.4.3.10.5, version 1.4. 

12. As noted by EEI, certain of the 

posting requirements of WEQ–002–4.5.2 

are no longer consistent with the 

posting requirements of part 358 of the 

Commission’s regulations, as amended 

by Order No. 717. For example, WEQ– 

002–4.5.2 requires transmission 

providers to post information regarding 

emergencies that result in a deviation 

from the Standards of Conduct, referring 

to corresponding requirements in the 

Commission’s regulations adopted in 

Order No. 2004. In Order No. 717, the 

Commission eliminated the requirement 

to post information regarding emergency 

deviations, revising its regulations 

accordingly.9 The version of WEQ–002– 

4.5.2 currently incorporated into Part 38 

of the Commission’s regulations 

therefore does not reflect changes 

adopted in Part 358 of the Commission’s 

regulations. To conform the 

requirements incorporated into Part 38 

with the requirements of Part 358, the 

Commission grants waiver for all 

electric transmission providers of those 

requirements of section 38.2(b)(2) of the 

Commission’s regulations relating to the 

posting of information under WEQ– 

002–4.5.2, version 1.4, that extend 

beyond the posting requirements of Part 

358 of the Commission’s regulations, as 

amended by Order No. 717.10

13. EEI and Duke also seek waiver of 

versions 1.4 of WEQ–001–1.6(g)(4) and 

WEQ–002.4.3.10.5. As noted above, the 

Commission has not incorporated 

WEQ–001–1.6 into Part 38 of its 

regulations and, therefore, there is no 

conflict in the Commission’s regulations 

with respect to that posting 

requirement.11 With regard to WEQ– 

002–4.3.10.5, although that standard has 

been incorporated into the 

Commission’s regulations,12 it merely 

establishes the template to be used 

when posting information under WEQ– 

001–1.6(g)(4). That template can 

continue to be used by transmission 

providers wishing to make such 

postings, even if not otherwise required 

under the Commission’s regulations. 

Waiver of WEQ–001–1.6(g)(4) and 

WEQ–002.4.3.10.5 is unnecessary and, 

accordingly, the Commission denies the 

requests for waiver of those business 

practice standards. 

14. Consistent with the Commission’s 

determination on the requests for 

waiver, the Commission directs Duke to 

submit within 30 days a further 

compliance filing in Docket No. OA08– 

50–002 to eliminate from its OATT 

language stating that waiver of the 

requirements of WEQ–001–1.6(g)(4) and 

WEQ–002–4.3.10.5 has been requested. 

The Commission orders: 

(A) The Commission hereby waives 

for all electric transmission providers 

those requirements of 18 CFR 38.2(b)(2) 

relating to the posting of information 

under WEQ–002–4.5.2, version 1.4, that 

extend beyond the posting requirements 

of Part 358 of the Commission’s 

regulations, as amended by Order No. 

717. 

(B) The Commission directs Duke to 

submit within 30 days a further 

compliance filing in Docket No. OA08– 

50–002 to eliminate from its OATT 

language stating that a waiver of the 

requirements of WEQ–001–1.6(g)(4) and 

WEQ–002–4.3.10.5 has been requested. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–7577 Filed 4–3–09; 8:45 am] 

BILLING CODE 6717–01–P 

POSTAL SERVICE 

39 CFR Part 111 

New Pricing Eligibility, Intelligent Mail, 

and Move Update Standards for 

Domestic Mailing Services and 

Shipping Services—Revised Final 

AGENCY: Postal ServiceTM. 

ACTION: Final rule, revised. 

SUMMARY: The Postal Service filed a 

notice of domestic Mailing Services 

(and selected Shipping Services) price 

adjustments with related changes to 

mailing standards, effective in May 

2009, with the Postal Regulatory 

Commission on February 10, 2009. This 

notice provides revisions to that final 

rule. 

DATES: Effective May 11, 2009. 

FOR FURTHER INFORMATION CONTACT: Bill 

Chatfield, 202–268–7278. 

SUPPLEMENTARY INFORMATION: The Postal 

Service’s final rule published in the 

Federal Register on February 23, 2009 

(Volume 74, Number 34, pages 8009– 

8033) included revised eligibility 

standards directly related to prices 

established by the USPS® Governors. 

This revised final rule contains 

corrections to those standards. There 

have been three pricing changes: to 

Confirm pricing and eligibility; to Move 

Update compliance; and to prices for 

nonmachinable Standard Mail letters 

over 3.3 ounces. Additionally, we note 

several corrections to the mailing 

standards from the February 23, 2009 

final rule. 

We summarize corrections below and 

then provide updates to the related 

mailing standards in Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM®). 

Changes for Standard Mail 

Parcels and Not Flat-Machinable Pieces 

(NFMs) 

The Postal Service revised sections 

440 and 705 of the DMM to change mail 

preparation requirements and the 

pricing structure for Standard Mail®

machinable and irregular parcels, and 

NFMs prepared in sacks and pallets. 

In the final rule, we added a new 

origin-BMC (intra-BMC turnaround) 

sortation level for all Standard Mail 

parcels and NFMs with no minimum 

number of pieces required. Intra-BMC 

turnaround pieces are those pieces that 

destinate in the same BMC that serves 

the office where the pieces are accepted 

and verified. In summary, mailers with 

origin-entered mailings must separate 

intra-BMC turnaround pieces from 

mixed BMC pieces. In the DMM section 


pwalker on PROD1PC71 with RULES