[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Rules and Regulations]
[Pages 75047-75050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29470]



[[Page 75047]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 154

[Docket No. RM14-21-000; Order No. 801]


Natural Gas Act Pipeline Maps

AGENCY:  Federal Energy Regulatory Commission.

ACTION:  Final rule.

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SUMMARY:  In this Final Rule, the Federal Energy Regulatory Commission 
revises its regulations governing interstate natural gas pipeline 
system maps. First, the Commission eliminates the requirements that 
pipelines include maps in their tariffs and file updated maps as part 
of their tariffs by the following April 30 for any year that there is a 
major change in the pipeline's system. Second, the Commission retains 
the requirement that pipelines post and maintain a system map on their 
Internet Web sites, and implements a quarterly deadline for updating 
pipeline maps.

DATES:  Effective Date: This rule will become effective March 17, 2015.

FOR FURTHER INFORMATION CONTACT: 
Damien Gaul (Technical Issues), 888 First Street NE., Washington, DC 
20426, (202) 502-8008, <a href="/cdn-cgi/l/email-protection#d89cb9b5b1bdb6f69fb9adb498bebdaabbf6bfb7ae"><span class="__cf_email__" data-cfemail="2a6e4b47434f44046d4b5f466a4c4f5849044d455c">[email protected]</span></a>.
Vince Mareino (Legal Issues), 888 First Street NE., Washington, DC 
20426, (202) 502-6167, <a href="/cdn-cgi/l/email-protection#aff9c6c1ccca81e2ceddcac6c1c0efc9caddcc81c8c0d9"><span class="__cf_email__" data-cfemail="2d7b44434e4803604c5f484443426d4b485f4e034a425b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Order No. 801

Table of Contents

 
                                                              Paragraph
                                                                 Nos.
 
I. Discussion..............................................            2
    A. Implementation: 18 CFR 154.103(a) and 18 CFR                    6
     154.106(a)............................................
    B. Reporting Deadline: 18 CFR 154.106(c)...............            9
    C. Scope: 18 CFR 154.106(b)............................           13
    D. Effective Date......................................           17
II. Procedural Matters.....................................           20
    A. Information Collection Statement....................           20
    B. Environmental Analysis..............................           25
    C. Regulatory Flexibility Act..........................           26
    D. Document Availability...............................           28
    E. Effective Date and Congressional Notification.......           31
 

Order No. 801

Final Rule

    1. In this Final Rule, the Commission revises its part 154 
regulations concerning interstate natural gas pipeline maps. First, as 
proposed in its Notice of Proposed Rulemaking,\1\ the Commission is 
permanently eliminating the requirements that pipelines include system 
maps in their tariffs and must file to update those tariff maps by 
April 30 of any year following a major system change. Second, as 
further proposed in the NOPR, while the Commission is retaining the 
requirement that pipelines maintain a system map on their internet Web 
sites, we revise our regulations to require pipelines to update the 
online maps no later than the end of the next calendar quarter after a 
major system change. This Final Rule is designed to reduce the 
regulatory burden on pipelines and to enhance transparency.
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    \1\ Natural Gas Act Pipeline Maps, 79 FR 43,994 (July 29, 2014), 
FERC Stats. & Regs. ] 32,703 (2014) (cross-referenced at 148 FERC ] 
61,024 (2014)) (NOPR).
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I. Discussion

    2. The Commission's current regulations require every natural gas 
interstate pipeline to maintain a system map within their tariff,\2\ 
and specify the content of those maps and the deadline for filing 
updated maps.\3\ Existing Commission and North American Energy 
Standards Board (NAESB) rules also require that pipeline system maps to 
be published in electronic format on the pipeline's Web site \4\ as 
well as on the Commission's eTariff Web site. The interstate pipelines 
had recently informed Commission Staff, however, that certain of 
eTariff's file restrictions often reduce the quality of the electronic 
maps.\5\
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    \2\ 18 CFR 154.103(a) (2014).
    \3\ 18 CFR 154.106 (2014).
    \4\ See 18 CFR 284.12(a)(1)(v) (2014). See also Electronic 
Tariff Filings, Order No. 714, 73 FR 57,515 (Oct 3, 2008), FERC 
Stats. & Regs. ] 31,276 (2008), clarified, Order No. 714-A, 79 FR 
29,705 (May 21, 2014) FERC Stats. & Regs. ] 31,356 (2014) (cross-
referenced at 148 FERC ] 61,024 (2014) 147 FERC ] 61,115 (2014)).
    \5\ See NOPR, FERC Stats. & Regs. ] 32,703 at P 3.
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    3. Accordingly, the NOPR proposed to eliminate the requirement to 
file maps via eTariff, and instead proposed to require that pipelines 
provide a tariff record that contains a Web site address, or Uniform 
Resource Locator (URL) reference, to the pipeline's publicly available 
Web site where maps may be accessed.\6\ The NOPR found that with the 
elimination of the requirement to include a map in the tariff, the 
current April 30 deadline to update tariff maps was effectively 
obsolete. The NOPR therefore proposed to revise the section 154.106 
deadline for updating pipelines' internet Web site maps to require that 
revised maps be posted in the same calendar quarter that system changes 
take effect.\7\
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    \6\ NOPR, FERC Stats. & Regs. ] 32,703 at P 5.
    \7\ NOPR, FERC Stats. & Regs. ] 32,703 at PP 6-7.
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    4. Two industry segments, natural gas producers and marketers, 
represented by the Natural Gas Supply Association (NGSA), and the 
interstate pipelines, represented by the Interstate Natural Gas 
Association of America (INGAA), filed comments on the NOPR. Both groups 
generally support the Commission's proposal but suggest modifications. 
INGAA states that the proposed updating deadline is too strict and 
potentially does not allow pipelines sufficient time to post updated 
maps. NGSA suggests that the Commission should take this opportunity to 
make broad changes to modify the quality and information required for 
pipeline system maps.
    5. As discussed below, the Final Rule implements the changes 
proposed in the NOPR, with the exception that we will modify the 
deadline for posting updated maps as proposed by INGAA so that 
pipelines must revise Web site maps to reflect any major change no 
later than the end of the calendar quarter subsequent to the calendar 
quarter in which the major change occurred. We also clarify how 
pipelines should implement the new rule, and we decline to expand the 
scope of this rulemaking proceeding.

[[Page 75048]]

A. Implementation: 18 CFR 154.103(a) and 18 CFR 154.106(a)

    6. As noted, the Commission's regulations require that natural gas 
pipelines' tariffs include a map of the pipeline's system.\8\ The Final 
Rule adopts the NOPR proposal to replace this requirement to include a 
system map in pipelines' tariff with the requirement to include instead 
``. . . a uniform resource locator for the Internet address of a map of 
the system . . .'' The NOPR also proposed a corresponding change to 
include new subsection 18 CFR 154.106(a), which we adopt here and which 
states that the tariff must state a uniform resource locator on the 
pipeline's Internet Web site, at which the general public may display 
and download system map(s).
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    \8\ 18 CFR 154.103(a).
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    7. In its comments, INGAA sought clarification regarding compliance 
with the proposed new rule. INGAA noted that the revised language 
proposed in the NOPR refers to Uniform Resource Locators, while the 
NOPR text refers to pipelines ``posting'' their system map on the 
informational posting section of their Web sites.\9\ INGAA thus 
requests clarification that providing a `clickable' URL in the Tariff/
Map category of a pipeline's Informational Postings Web site, through 
which the public could view and download the pipeline's system map(s), 
would comply with the new regulation.\10\
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    \9\ INGAA comments at 6.
    \10\ Id.
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    8. As we stated in the NOPR, upon the adoption of this rule, NAESB 
should also consider whether additional standards are needed to assure 
accessibility and uniformity in the presentation of the maps. In the 
interim, we clarify that the approach proposed by INGAA, to include a 
URL in the Tariff/Map category of its Internet Web site, appears to be 
a reasonable method to for complying with revised section 154.106(a) 
because it would allow the public to display and download the 
pipeline's system map. There may be other reasonable methods for 
pipelines to comply based on the idiosyncrasies of a particular system, 
and the Commission in this Final Rule is not dictating any specific 
method of compliance.

B. Reporting Deadline: 18 CFR 154.106(c)

    9. Under both the existing and proposed versions of 18 CFR 
154.106(c), a pipeline need only update its map after a major change to 
its system. As noted, the existing regulation requires that the revised 
map be filed no later than April 30 of the calendar year after the 
major change, thus allowing pipelines up to 15 months to update maps 
from the time of a major change. The NOPR proposed to shorten that 
deadline to require that maps be revised to reflect any major change no 
later than the end of the calendar quarter of the major change.
    10. INGAA commented that the reporting deadline proposed in the 
NOPR could require pipelines to post maps with little or no advance 
notice, especially if a project's in-service date is near the end of a 
calendar quarter. INGAA argues that this timeframe is too truncated 
because a pipeline's personnel are at their busiest precisely when 
major changes are going into effect.\11\ INGAA disputes the 
Commission's suggestion in the NOPR that the 18 CFR 154.106 map 
requirement is analogous to the maps prepared as part of a NGA section 
7 certificate application. The maps filed with a certificate 
application, INGAA states, ``very often illustrate only discrete 
[portions] of a pipeline system at a detailed level'' and ``are 
intended for different circumstances and instances'' than 18 CFR 
154.106 maps.\12\
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    \11\ INGAA comments at 2-3.
    \12\ Id. at 4.
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    11. INGAA proposes that instead of the revisions proposed in the 
NOPR, the Commission should modify 18 CFR 154.106(c) to state, ``The 
map must be revised to reflect any major change no later than the end 
of the calendar quarter that immediately follows the calendar quarter 
in which the major change occurred.'' No interveners oppose INGAA's 
proposal.
    12. The Final Rule adopts INGAA's proposal for section 154.106(c). 
The new rule will allow pipelines at least three months to update their 
maps, which should alleviate any concerns that pipelines will be 
additionally burdened during the certification process. The revised 
regulation will also guarantee that all maps are up-to-date within at 
least six months of any major changes, thereby substantially shortening 
the potential 15-month lag under the previous regulation.\13\
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    \13\ As we clarified in the NOPR, ``[p]ipelines are also 
permitted to display [additional] maps showing past, future, or 
hypothetical operations, so long as these maps are clearly labeled 
as such.'' NOPR, FERC Stats. & Regs. ] 32,703 at P 8.
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C. Scope: 18 CFR 154.106(b)

    13. The NOPR proposed no changes to the language of 18 CFR 
154.106(a), which specifies the required content of system maps, but 
did propose to move the language to 18 CFR 154.106(b). That section 
would state that the map must show the general geographic location of 
the company's principal pipeline facilities and of the points at which 
service is rendered under the tariff. The boundaries of any rate zones 
or rate areas must be shown and the areas or zones identified. The 
entire system should be displayed on a single map. In addition, a 
separate map should be provided for each zone.
    14. NGSA states in its comments that ``the Commission should also 
use this opportunity to consider additional improvements to increase 
the usefulness of pipeline maps.'' \14\ In particular, NGSA requests 
that the regulations require:
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    \14\ NGSA comments at 2.
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    1. High resolution format to increase visibility of data.
    2. Clearly labeled: Names, identification numbers, and locations of 
compressor stations, meter stations, receipt and delivery points, and 
pipeline interconnects.
    3. Descriptive features, such as pipeline diameter and flow 
direction.\15\
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    \15\ Id. at 3.
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    15. NGSA argues that these improvements to map quality would 
benefit customers by gathering more visual information in one place. 
NGSA believes high-quality maps would also help shippers and operators, 
as a tool for daily operational adjustments, and for assessing capacity 
constraints. Finally, NGSA suggests higher-quality maps would help 
customers in complying with any local regulatory obligations, such as 
municipal taxes.\16\
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    \16\ Id. at 4.
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    16. In the NOPR, the Commission emphasized that the intent of this 
proceeding was to adjust the filing requirements for system maps, not 
to require changes to the substantive content of the maps.\17\ The 
Commission suggested that the greater flexibility afforded by Web site 
posting may allow ``the overall quality of pipeline maps [to] improve 
without the need for prescriptive regulation,'' \18\ but otherwise did 
not elaborate on the narrow scope of the proceeding. We find that 
NGSA's requests are outside the scope of this rulemaking, and thus we 
decline to expand the scope of this proceeding.\19\
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    \17\ NOPR, FERC Stats. & Regs. ] 32,703 at PP 10-11.
    \18\ Id. P 11.
    \19\ An agency has broad discretion to choose how best to 
marshal its limited resources and personnel to carry out its 
delegated responsibilities, and may summarily deny requests to 
expand the scope of rulemaking proceedings. See Wholesale 
Competition in Regions with Organized Electric Markets, Order No. 
719-A, FERC Stats. & Regs. ] 31,292, at P 118 (2009) (cross-
referenced at 128 FERC ] 61,059, at P 118 (2009)) (citing Chevron 
U.S.A. Inc. v. NRDC, 467 U.S. 837, 842-845 (1984)); see also, e.g., 
Revisions to Page 700 of FERC Form No. 6, Order No. 783-A, 148 FERC 
] 61,235, at P 30 (2014).

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[[Page 75049]]

D. Effective Date

    17. As the NOPR noted, this change to the map reporting requirement 
will obligate every natural gas pipeline to make an initial compliance 
filing, which as the NOPR stated, would have to be at least 90 days 
after the Final Rule's publication in the Federal Register.\20\
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    \20\ Id. P 12.
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    18. Pipelines are permitted to update their tariffs and Web sites 
as soon as this rule goes into effect, which will be during the first 
quarter of the 2015 calendar year. Because the regulation uses calendar 
quarters for setting deadlines, however, the Commission shall not 
require any pipelines to file until April 1, 2015. In this initial 
compliance filing, the pipeline must reference an online map updated at 
least through December 31, 2014.
    19. Each pipeline must make its compliance filing as an eTariff 
filing using type of filing code (TOFC) 580, and the Commission will 
assign each pipeline's compliance filing a separate RP docket and 
provide interested parties an opportunity to intervene in those 
dockets. The Commission recommends that pipelines not include any other 
tariff changes in their eTariff compliance filing. If the content of 
the filing is limited to compliance with this Final Rule, then the 
Director of the Office of Energy Market Regulation may, pursuant to 18 
CFR 375.307(a)(7)(ii), accept the filing under delegated authority.

II. Procedural Matters

A. Information Collection Statement

    20. The Office of Management and Budget (OMB) regulations require 
that OMB approve certain reporting and recordkeeping (collections of 
information) imposed by an agency.\21\ Upon approval of a collection(s) 
of information, OMB will assign an OMB control number and expiration 
date. Respondents subject to the filing requirements of this 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.
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    \21\ 5 CFR 1320.11.
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    21. The Commission is submitting these reporting and recordkeeping 
requirements to OMB for its review and approval under section 3507(d) 
of the PRA. Comments are solicited on the Commission's need for this 
information, whether the information will have practical utility, the 
accuracy of the provided burden estimate, ways to enhance the quality, 
utility, and clarity of the information to be collected, and any 
suggested methods for minimizing the respondent's burden, including the 
use of automated information techniques.
    22. This Final Rule revises the regulations governing interstate 
natural gas pipeline system maps. First, the Commission eliminates the 
requirements that pipelines include a map in their tariffs and file an 
updated map as part of their tariff by the following April 30 for any 
year that there is a major change in the pipeline's system. Second, the 
Commission retains the requirement that pipelines must post and 
maintain a system map on their internet Web sites, and implements a 
quarterly deadline for updating pipeline maps.
    23. The public reporting burden follows:

                                                                 RM14-21-000 Final Rule
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                                                                                                                           Total annual
                                                             Number of     Annual number   Total number   Average burden  burden hours &     Cost per
                                                            respondents    of responses    of responses     & cost per     total annual   respondent ($)
                                                                          per respondent                     response          cost
                                                                     (1)             (2)     (1) * (2) =             (4)     (3) * (4) =       (5) / (1)
                                                                                                     (3)                             (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
One-time tariff (Year 1)................................             165               1             165               8           1,320          $1,024
                                                                                                                  $1,024        $168,960
Burden Reduction (Year 2 and Beyond)....................              21               1              21              -4             -84           -$244
                                                                                                                   -$244         -$5,124
Additional Burden for more frequent map updates (Year 2                4               1               4               4              16            $244
 and Beyond)............................................                                                            $244            $976
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............             190  ..............           1,252          $1,024
                                                                                                                                $164,812
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    24. Title: FERC-545, Gas Pipeline Rates: Non Formal.
    Action: One-time filing and reduced future filings.
    OMB Control Number: 1902-0154.
    Respondents: Natural Gas Pipelines.
    Frequency of Responses: One-time implementation and future 
reduction in number of responses. Responses are mandatory.
    Necessity of Information: This Final Rule would, when implemented, 
reduce the burden of interstate natural gas pipelines resulting from 
compliance with the Commission's regulations.
    Internal Review: The Commission has reviewed the requirements 
pertaining to the modification of the Commission's regulations and made 
a preliminary determination that the revisions are necessary to reduce 
the burden imposed by the Commission on 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.
    Interested persons may obtain information on the reporting 
requirements by contacting the following: Federal Energy Regulatory 
Commission, 888 First Street NE., Washington, DC 20426 [Attention: 
Ellen Brown, Office of the Executive Director, email: 
<a href="/cdn-cgi/l/email-protection#3f7b5e4b5e7c535a5e4d5e515c5a7f595a4d5c11585049"><span class="__cf_email__" data-cfemail="88cce9fce9cbe4ede9fae9e6ebedc8eeedfaeba6efe7fe">[email protected]</span></a>, phone: (202) 502-8663, fax: (202) 273-0873].
    Comments concerning the collection of information and the 
associated burden estimate, should be sent to the Commission in this 
docket and to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Washington, DC 20503 [Attention: 
Desk Officer for the Federal Energy Regulatory Commission, telephone: 
(202) 395-4638, fax: (202) 395-4718].

[[Page 75050]]

B. Environmental Analysis

    25. 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.\22\ The 
Commission has categorically excluded certain actions from these 
requirements as not having a significant effect on the human 
environment.\23\ The actions taken 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 that requires no construction of 
facilities.\24\ Therefore, an environmental assessment is unnecessary 
and has not been prepared as part of this Final Rule.
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    \22\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, 52 FR 47897, FERC Stats. & Regs. ] 
30,783 (1987).
    \23\ 18 CFR 380.4 (2014).
    \24\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27) 
(2014).
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C. Regulatory Flexibility Act

    26. The Regulatory Flexibility Act of 1980 (RFA) \25\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
RFA mandates consideration of regulatory alternatives that accomplish 
the stated objectives of a proposed rule and that minimize any 
significant economic impact on a substantial number of small entities. 
The Small Business Administration's (SBA) Office of Size Standards 
develops the numerical definition of a small business.\26\ The SBA has 
established a size standard for pipelines transporting natural gas 
stating that a firm is small if its annual receipts are less than $27.5 
million.\27\
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    \25\ 5 U.S.C. 601-612.
    \26\ 13 CFR 121.101 (2013).
    \27\ 13 CFR 121.201, subsection 486.
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    27. The changes promulgated here only impact interstate pipelines. 
The Commission estimates that approximately 165 entities would be 
potential respondents subject to data collection FERC-545 reporting 
requirements. Using 2013 revenue data, the Commission estimates that 70 
\28\ pipelines not affiliated with larger companies had annual revenues 
of less than $27.5 million. The Commission estimates that the one-time 
cost per small entity is $1,024.\29\ In the future, small entities 
should see a cost savings related to avoiding filing requirements 
related to system maps. The Commission does not consider the estimated 
$1,024 impact per entity to be significant. Accordingly, pursuant to 
Sec.  605(b) of the RFA, the Commission certifies that this proposed 
rule should not have a significant economic impact on a substantial 
number of small entities.
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    \28\ 42.3 percent of the total number of affected entities.
    \29\ See the Information Collection section for further 
explanation.
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D. Document Availability

    28. 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 5:00 
p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 
20426.
    29. 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.
    30. 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 (866) 208-3676) or email at 
<a href="/cdn-cgi/l/email-protection#d2b4b7a0b1bdbcbebbbcb7a1a7a2a2bda0a692b4b7a0b1fcb5bda4"><span class="__cf_email__" data-cfemail="9cfaf9eefff3f2f0f5f2f9efe9ececf3eee8dcfaf9eeffb2fbf3ea">[email protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
<a href="/cdn-cgi/l/email-protection#93e3e6f1fffaf0bde1f6f5f6e1f6fdf0f6e1fcfcfed3f5f6e1f0bdf4fce5"><span class="__cf_email__" data-cfemail="116164737d78723f6374777463747f7274637e7e7c51777463723f767e67">[email protected]</span></a>.

E. Effective Date and Congressional Notification

    31. These regulations are effective 90 days after publication in 
the Federal Register. 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 154

    Reporting and recordkeeping requirements.

    By the Commission.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission shall amend Part 
154, Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 154--RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 154 continues to read as follows:

    Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.


0
2. Revise Sec.  154.103(a) to read as follows:


Sec.  154.103  Composition of tariff.

    (a) The tariff must contain sections, in the following order: A 
table of contents, a preliminary statement, a uniform resource locator 
for the Internet address of a map of the system, currently effective 
rates, composition of rate schedules, general terms and conditions, 
form of service agreement, and an index of customers.
* * * * *

0
3. Revise Sec.  154.106 to read as follows:


Sec.  154.106  Map.

    (a) The tariff must state a uniform resource locator on the 
pipeline's Internet Web site, at which the general public may display 
and download system map(s).
    (b) The map must show the general geographic location of the 
company's principal pipeline facilities and of the points at which 
service is rendered under the tariff. The boundaries of any rate zones 
or rate areas must be shown and the areas or zones identified. The 
entire system should be displayed on a single map. In addition, a 
separate map should be provided for each zone.
    (c) The map must be revised to reflect any major change no later 
than the end of the calendar quarter that immediately follows the 
calendar quarter in which the major change occurred.

[FR Doc. 2014-29470 Filed 12-16-14; 8:45 am]
BILLING CODE 6717-01-P


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