Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 78739 

1 16 U.S.C. 825d(c) (2012). 2 18 CFR part 46 (2014). 

20814, not later than 5 p.m. EST on 

December 30, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

information about the purpose or 

subject matter of this meeting, contact 

Caroleene Paul, Project Manager, 

Directorate for Engineering Sciences, 

Consumer Product Safety Commission, 

5 Research Place, Rockville, MD 20850; 

telephone (301) 987–2225; cpaul@

cpsc.gov. For information about the 

procedure to make an oral presentation, 

contact Rockelle Hammond, Office of 

the Secretary, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of December 3, 

2014, in FR Doc. 2014–28381, on page 

71712, in the first column, correct the 

DATES and ADDRESSES captions to read: 

Dates: The meeting will begin at 10 

a.m., on January 7, 2015, at the U.S. 

Consumer Product Safety Commission 

in the Hearing Room, 4th floor of 

Bethesda Towers Building, 4330 East 

West Highway, Bethesda, MD 20814. 

Requests to make oral presentations and 

the written text of any oral presentations 

must be received by the Office of the 

Secretary not later than 5 p.m. Eastern 

Standard Time (EST) on December 30, 

2014. 

Addresses: The meeting will be held 

in the Hearing Room, 4th floor of 

Bethesda Towers Building, 4330 East 

West Highway, Bethesda, MD 20814. 

Requests to make oral presentations, 

and texts of oral presentations, should 

be captioned: ‘‘ROVs NPR; Oral 

Presentation’’ and submitted by email to 

cpsc-os@cpsc.gov, or mailed or 

delivered to the Office of the Secretary, 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, MD 

20814, not later than 5 p.m. EST on 

December 30, 2014. 

Alberta E. Mills, 

Acting Secretary, U.S. Consumer Product 

Safety Commission. 

[FR Doc. 2014–30515 Filed 12–30–14; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 46 

[Docket No. RM15–3–000] 

Revisions to Public Utility Filing 

Requirements 

AGENCY: Federal Energy Regulatory 

Commission, Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission is proposing 

to revise its regulations to eliminate the 

requirement to submit FERC–566 

(Annual Report of a Utility’s 20 Largest 

Customers) for regional transmission 

organizations (RTOs), independent 

system operators (ISOs), and exempt 

wholesale generators (EWGs). The 

Commission is also proposing to revise 

its regulations to eliminate the 

requirement to submit FERC–566 for 

public utilities that have not made any 

reportable sales under FERC–566 in any 

of the three preceding years. The 

Commission further proposes to 

eliminate the requirement for public 

utilities submitting FERC–566 to 

identify individual residential 

customers by name and address. 

DATES: Comments are due March 2, 

2015. 

ADDRESSES: Comments, identified by 

docket number, may be filed in the 

following ways: 

• Electronic Filing through http://

www.ferc.gov. Documents created 

electronically using word processing 

software should be filed in native 

applications or print-to-PDF format and 

not in a scanned format. 

• Mail/Hand Delivery: Those unable 

to file electronically may mail or handdeliver comments to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street NE., 

Washington, DC 20426. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Comment Procedures section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Mary LaFave (Technical Information), 

Office of Energy Market Regulation, 

Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

6060. 

Lina Naik (Legal Information), Office of 

the General Counsel, Federal Energy 

Regulatory Commission, 888 First 

Street NE., Washington, DC 20426, 

(202) 502–8882. 

SUPPLEMENTARY INFORMATION: 

Notice of Proposed Rulemaking 

Table of Contents 

Paragraph 

Nos. 

I. Discussion .............................................................................................................................................................................................. 7 

A. RTOs and ISOs ............................................................................................................................................................................. 7 

B. EWGs ............................................................................................................................................................................................. 8 

C. Public utilities that have not made sales .................................................................................................................................... 9 

D. Identification requirement ........................................................................................................................................................... 10 

II. Information Collection Statement ....................................................................................................................................................... 11 

III. Environmental Analysis ..................................................................................................................................................................... 16 

IV. Regulatory Flexibility Act .................................................................................................................................................................. 17 

V. Comment Procedures ........................................................................................................................................................................... 20 

VI. Document Availability ....................................................................................................................................................................... 24 

1. Section 305(c) of the Federal Power 

Act (FPA) requires, among other things, 

that, on or before January 31 of each 

calendar year, each public utility shall 

publish a list, pursuant to rules 

prescribed by the Commission, of any 

company, firm, or organization that is 

one of the 20 purchasers of electric 

energy which purchased (for purposes 

other than resale) one of the 20 largest 

annual amounts of electric energy sold 

by such public utility (or by any public 

utility which is part of the same holding 

company system) during any one of the 

three calendar years immediately 

preceding the filing date.1

2. The Commission implemented 

Congress’ mandate in part 46 of the 

Commission’s regulations.2 Section 46.3 

of the regulations thus provides, in 

relevant part, that on or before January 

31 of each year, each public utility shall 

compile a list of purchasers of electric 

energy (other than for resale), and shall 

identify each purchaser by name and 

principal business address, and shall 


tkelley on DSK3SPTVN1PROD with PROPOSALS
78740 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 

3 18 CFR 46.3. 

4 44 U.S.C. 3506(c)(2)(A). 

5See Commission Information Collection 

Activities (FERC–520, FERC–561, FERC–566); 

Comment Request; Extension, Docket No. IC14–9– 

000 (Feb. 26, 2014). 

6See Commission Information Collection 

Activities (FERC–520, FERC–561, FERC–566); 

Comment Request, Docket No. IC14–9–000, at 7–8 

(July 1, 2014). 

7 Id. at 8. 

8 16 U.S.C. 825(c)(2)(D). 

9 18 CFR 336.1 (emphasis added). 

10 44 U.S.C. 3507(d). 

11 5 CFR 1320.11. 

submit the list to the Secretary and 

make the list publicly available. The list 

identifies each purchaser who, during 

any of the three preceding calendar 

years, purchased (for purposes other 

than resale) from a public utility one of 

the twenty largest amounts of electric 

energy by such public utility, and the 

public utility is required to notify each 

purchaser which has been identified on 

the list.3

3. On February 26, 2014, in 

compliance with the requirements of the 

Paperwork Reduction Act of 1995,4 the 

Commission issued a request for 

comments on, among other things, the 

currently-approved information 

collection FERC–566 (Annual Report of 

a Utility’s 20 Largest Customers). 

Specifically, the Commission sought 

comment on: (1) Whether the collection 

of information is necessary for the 

proper performance of the functions of 

the Commission, including whether the 

information will have practical utility; 

(2) the accuracy of the agency’s estimate 

of the burden and cost of the collection 

of information, including the validity of 

the methodology and assumptions used; 

(3) ways to enhance the quality, utility 

and clarity of the information collection; 

and (4) ways to minimize the burden of 

the collection of information on those 

who are to respond, including the use 

of automated collection techniques or 

other forms of information technology.5

4. The Commission received four 

comments. With respect to the FERC– 

566, commenters recommended that the 

Commission eliminate the requirement 

to file FERC–566 for public utilities that 

do not make any reportable sales; that 

certain Regional Transmission 

Organizations (RTOs) and Independent 

System Operators (ISOs) should be 

exempted from the requirement to 

submit FERC–566; and that the 

Commission should exempt exempt 

wholesale generators (EWGs) from the 

FERC–566 filing requirement.6

5. On July 1, 2014, the Commission 

issued a further notice addressing the 

comments. Specifically, the 

Commission stated that it shared 

commenters’ interest in identifying and 

implementing burden reductions to the 

benefit of filers as well as the 

Commission, but that commenters’ 

suggestions raised issues that required 

additional study. The Commission 

stated that should it determine after 

further study to pursue changes to these 

information collections, those changes 

would be more appropriately addressed 

in a forum and through a process that 

is better suited to full public 

identification of and deliberation on 

possible proposed changes. The 

Commission noted that any changes to 

the Commission’s regulations would 

need to be made through the 

Commission’s formal rulemaking 

process.7

6. In this Notice of Proposed 

Rulemaking (NOPR), the Commission 

proposes to revise its regulations to 

reduce the regulatory burden of 

compliance on public utilities, while 

meeting the statutory standards set forth 

in the FPA. Such modifications would 

enhance the quality, utility, and clarity 

of the information collected. 

Specifically, the Commission proposes 

to eliminate the requirement to submit 

FERC–566 for RTOs, ISOs, and EWGs. 

The Commission also proposes to 

eliminate the requirement to submit 

FERC–566 for public utilities that have 

not made any reportable sales in any of 

the three preceding years. The 

Commission further proposes to 

eliminate the requirements for public 

utilities submitting FERC–566 to 

identify individual residential 

customers by name and address. 

I. Discussion 

A. RTOs and ISOs 

7. The Commission proposes to 

eliminate the requirement to submit 

FERC–566 for RTOs and ISOs. By their 

nature, RTOs and ISOs are focused 

primarily on sales of electric energy for 

resale. The statute expressly seeks to 

acquire information about purchasers of 

electric energy who purchased ‘‘for 

purposes other than for resale.’’ 8

Accordingly, the Commission proposes 

to revise the current regulation to 

eliminate the requirement to submit 

FERC–566 for RTOs and ISOs. 

B. EWGs 

8. Similarly, the Commission 

proposes to eliminate the requirement to 

submit FERC–566 for EWGs. The term 

exempt wholesale generator is defined 

as ‘‘any person engaged directly, or 

indirectly through one or more affiliates 

. . . and exclusively in the business of 

owning or operating, or both owning 

and operating, all or part of one or more 

eligible facilities and selling electric 

energy at wholesale.’’ 9 Thus, by 

definition, EWGs do not have retail 

customers. As discussed above 

regarding RTOs and ISOs, the statute 

seeks to acquire information about 

purchasers of electric energy who 

purchased for purposes other than for 

resale. Because EWGs are defined as 

entities that only sell energy at 

wholesale, the Commission believes 

FERC–566 should not be required to be 

submitted by such entities. 

C. Public Utilities That Have Not Made 

Sales 

9. The Commission proposes to 

eliminate the requirement to submit 

FERC–566 for those public utilities that 

have not made any reportable sales in 

any of the three preceding years. Section 

305(c) requires public utilities to 

publish a list of purchasers; it does not 

require a report of the absence of 

purchasers. Thus, the Commission 

proposes to eliminate the requirement to 

submit FERC–566 for those public 

utilities that have not made any 

reportable sales in any of the three 

preceding years. 

D. Identification Requirement 

10. The Commission proposes to 

eliminate the requirement for public 

utilities submitting FERC–566 to 

identify individual residential 

customers by name and address. 

Currently, section 46.3(d) requires that 

each public utility identify each 

purchaser on the list of the twenty 

largest purchasers by name and 

principal business address. However, it 

may not be necessary to have such 

detailed information about residential 

customers. Thus, the Commission 

proposes to allow public utilities to 

identify individual residential 

customers as ‘‘Residential Customer,’’ 

and provide only a zip code in lieu of 

an address. 

II. Information Collection Statement 

11. The collection of information 

addressed in this Notice of Proposed 

Rulemaking is subject to review by the 

Office of Management and Budget 

(OMB) under section 3507(d) of the 

Paperwork Reduction Act of 1995.10

OMB’s regulations require approval of 

certain information collection 

requirements imposed by agency 

rules.11 Upon approval of a collection(s) 

of information, OMB will assign an 

OMB control number and an expiration 

date. Respondents subject to the filing 

requirements of a rule will not be 

penalized for failing to respond to these 

collections of information unless the 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 78741 

12The estimates for cost per response are derived 

using the following formula: Burden Hours per 

Response * $70.50/hour = Cost per Response. The 

$70.50/hour figure is based on the average salary 

plus benefits for a FERC employee. We assume that 

industry respondents earn at a similar rate. 

13Total Annual Burden Hours * $70.50. 

14Regulations Implementing the National 

Environmental Policy Act of 1969, Order No. 486, 

52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 

Preambles 1986–1990 ¶ 30,783 (1987). 

15 18 CFR 380.4(a)(2)(ii). 

16 5 U.S.C. 601–12. 

collections of information display a 

valid OMB control number. 

12. We solicit comments on the need 

for this information, whether the 

information will have practical utility, 

the accuracy of the burden estimates, 

ways to enhance the quality, utility, and 

clarity of the information to be collected 

or retained, and any suggested methods 

for minimizing respondents’ burden, 

including the use of automated 

information techniques. Specifically, 

the Commission asks that any revised 

burden or cost estimates submitted by 

commenters be supported by sufficient 

detail to understand how the estimates 

are generated. 

13. Public Reporting Burden: The 

burden and cost estimates below are 

based on the estimated reduction in 

burden for certain entities that would no 

longer have to file the annual report of 

twenty largest purchasers. The 

Commission estimates the annual report 

to require (on average) six hours to 

prepare and to file. The Commission 

estimates that there are six RTOs/ISOs 

and an additional 880 filers that report 

no purchasers. The latter category 

includes EWGs. The following table 

illustrates the burden reductions to be 

applied to the information collection: 

Respondent category Number of 

respondents 

Annual 

number of 

responses 

per 

respondent 

Total number 

of responses 

Reduction in 

average 

burden hours 

& cost per 

response 12

Total reduction 

in 

annual 

burden hours 

& total annual 

cost 13

(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) 

RTOs/ISOs ........................................................................... 6 1 6 6 

$423 

36 

$2,538 

Filers with No Purchasers (including EWGs) ...................... 880 1 880 6 

$423 

5,280 

$372,240 

Total Reduction ............................................................. ........................ ........................ 886 ........................ 5,316 

$374,778 

Title: Annual Report of Twenty 

Largest Purchasers (FERC–566). 

Action: Revision to existing 

collection. 

OMB Control No: 1902–0114. 

Respondents: Business or other for 

profit, and not for profit institutions. 

Frequency of Responses: Annually. 

Necessity of the Information: The 

Commission is required by the Federal 

Power Act to collect information on 

public utilities’ twenty largest retail 

purchasers. This information helps the 

Commission understand electric energy 

markets and transactions, in order to 

better safeguard public and private 

interests. Upon review, the Commission 

proposes that certain entities no longer 

need to make the annual filing. 

Internal review: 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. 

14. Interested persons may obtain 

information on the reporting 

requirements by contacting the Federal 

Energy Regulatory Commission, Office 

of the Executive Director, 888 First 

Street NE., Washington, DC 20426 

[Attention: Ellen Brown, email: 

DataClearance@ferc.gov, phone: (202) 

502–8663, fax: (202) 273–0873]. 

15. Comments concerning the 

information collection proposed in this 

NOPR and the associated burden 

estimates, should be sent to the 

Commission in this docket and may also 

be sent to the Office of Management and 

Budget, Office of Information and 

Regulatory Affairs [Attention: Desk 

Officer for the Federal Energy 

Regulatory Commission]. For security 

reasons, comments should be sent by 

email to OMB at the following email 

address: oira_submission@omb.eop.gov. 

Please reference the docket numbers of 

this Notice of Proposed Rulemaking 

(Docket No. RM15–3–000) in your 

submission. 

III. Environmental Analysis 

16. 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.14 This action has been 

categorically excluded under section 

380.4(a)(2)(ii), addressing the collection 

of information.15

IV. Regulatory Flexibility Act 

17. The Regulatory Flexibility Act of 

1980 (RFA) 16 generally requires a 

description and analysis of proposed 

rules that will have significant 

economic impact on a substantial 

number of small entities. This NOPR 

proposes to revise the Commission’s 

regulations to reduce reporting burdens. 

Specifically, the Commission proposes 

to eliminate the requirement to submit 

FERC–566 for RTOs and ISOs, EWGs, 

and those public utilities that did not 

make retail sales in the preceding three 

years. The Commission is also 

simplifying the requirements for 

existing filers, as they will no longer 

have to identify individual residential 

customers by name and address. 

18. The Commission estimates that, 

on average, each of the entities that will 

no longer have to file the FERC–566 will 

experience a reduction in cost of $423 

per year. 

19. Accordingly, the Commission 

certifies that this NOPR, if adopted, will 

not have a significant economic impact 

on a substantial number of small 

entities. 

V. Comment Procedures 

20. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due March 2, 2015. 

Comments must refer to Docket No. 

RM15–3–000, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address in their comments. 

21. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

Web site at http://www.ferc.gov. The 


tkelley on DSK3SPTVN1PROD with PROPOSALS
78742 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

22. Commenters that are not able to 

file comments electronically must send 

an original of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE., Washington, DC 20426. 

23. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VI. Document Availability 

24. 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 the 

Commission’s Home Page (http://

www.ferc.gov) and in the Commission’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. 

25. From the Commission’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. 

26. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from the 

Commission’s 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. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

List of Subjects in 18 CFR Part 46 

Electric utilities; Reporting and 

recordkeeping requirements. 

By direction of the Commission. 

Dated: December 18, 2014. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend Part 46, 

Chapter I, Title 18, Code of Federal 

Regulations, as follows: 

PART 46—PUBLIC UTILITY FILING 

REQUIREMENTS AND FILING 

REQUIREMENTS FOR PERSONS 

HOLDING INTERLOCKING POSITIONS 

■ 1. The authority citation for Part 46 

continues to read as follows: 

Authority: 16 U.S.C. 792–828c; 16 U.S.C. 

2601–2645; 42 U.S.C. 7101–7352; E.O. 12009, 

3 CFR 142. 

■ 2. Section 46.3 is amended by revising 

paragraph (a) to read as follows: 

§ 46.3 Purchaser list. 

(a)(1) Compilation and filing list. On 

or before January 31 of each year, except 

as provided below, each public utility 

shall compile a list of the purchasers 

described in paragraph (b) of this 

section and shall identify each 

purchaser by name and principal 

business address. The public utility 

must submit the list to the Secretary of 

the Commission in accordance with 

filing procedures posted on the 

Commission’s Web site at http://

www.ferc.gov and make the list publicly 

available through its principal business 

office. 

(2) Notwithstanding paragraph (a)(1) 

of this section, public utilities that are 

defined as Regional Transmission 

Operators, as defined in § 35.34(b)(1) of 

this chapter, and public utilities that are 

defined as Independent System 

Operators, as defined in § 35.46(d) of 

this chapter, are exempt from the 

requirement to file. 

(3) Notwithstanding paragraph (a)(1) 

of this section, public utilities that meet 

the criteria for exempt wholesale 

generators, as defined in § 366.1 of this 

chapter, and are certified as such 

pursuant to § 366.7 of this chapter, are 

exempt from the requirement to file. 

(4) Notwithstanding paragraph (a)(1) 

of this section, public utilities that have 

no reportable sales as defined in section 

(b) in any of the three preceding years 

are exempt from the requirement to file. 

(5) Notwithstanding paragraph (a)(1) 

of this section, individual residential 

customers on the list may be identified 

as ‘‘Residential Customer,’’ and with a 

zip code in lieu of an address. 

* * * * * 

[FR Doc. 2014–30366 Filed 12–30–14; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

[Docket No. 140929814–4814–01] 

RIN 0625–AB02 

Modification of Regulations Regarding 

Price Adjustments in Antidumping 

Duty Proceedings 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Proposed rule and request for 

comments. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) proposes to modify 

two regulations pertaining to price 

adjustments in antidumping duty 

proceedings and is seeking comments 

from parties. These modifications, if 

adopted, are intended to clarify that the 

Department generally will not consider 

a price adjustment that reduces or 

eliminates a dumping margin unless the 

party claiming such price adjustment 

demonstrates, to the satisfaction of the 

Department, through documentation 

that the terms and conditions of the 

adjustment were established and known 

to the customer at the time of sale. 

DATES: To be assured of consideration, 

written comments must be received no 

later than January 30, 2015. 

ADDRESSES: All comments must be 

submitted through the Federal 

eRulemaking Portal at http:// 

www.regulations.gov, Docket No. ITA– 

2014–0001, unless the commenter does 

not have access to the internet. 

Commenters that do not have access to 

the internet may submit the original and 

one electronic copy of each set of 

comments by mail or hand delivery/ 

courier. All comments should be 

addressed to Paul Piquado, Assistant 

Secretary for Enforcement & 

Compliance, Room 1870, Department of 

Commerce, 14th Street and Constitution 

Ave. NW., Washington, DC 20230. 

Comments submitted to the Department 

will be uploaded to the eRulemaking 

Portal at www.Regulations.gov. 

The Department will consider all 

comments received before the close of 

the comment period. All comments 

responding to this notice will be a 

matter of public record and will be 

available on the Federal eRulemaking 

Portal at www.Regulations.gov. The 

Department will not accept comments 

accompanied by a request that part or 

all of the material be treated 

confidentially because of its business 


tkelley on DSK3SPTVN1PROD with PROPOSALS