
[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Proposed Rules]
[Pages 65513-65518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26142]



[[Page 65513]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 341

[Docket No. RM12-15-000]


Filing, Indexing and Service Requirements for Oil Pipelines

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission proposes to amend its 
regulations under the Interstate Commerce Act.\1\ The Commission 
proposes to rewrite, remove, and update its regulations governing the 
form, composition and filing of rates and charges by interstate oil 
pipelines for transportation in interstate commerce. This proposal is a 
part of the Commission's ongoing program to review its filing and 
reporting requirements and reduce unnecessary burdens by eliminating 
the collection of data that are not necessary to the performance of the 
Commission's regulatory responsibilities.
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    \1\ 49 app. U.S.C. 1-85 (2000).

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DATES: Comments are due November 28, 2012.

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 hand-deliver 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: 

Aaron Kahn (Technical Issues), 888 First Street NE., Washington, DC 
20426, (202) 502-8339, aaron.kahn@ferc.gov.
Michelle A. Davis (Legal Issues), 888 First Street NE., Washington, DC 
20426, (202) 502-8687, michelle.davis2@ferc.gov.

141 FERC ] 61,036

Before Commissioners: Jon Wellinghoff, Chairman; Philip D. Moeller, 
John R. Norris, Cheryl A. LaFleur, and Tony T. Clark.
Issued October 18, 2012
    1. The Federal Energy Regulatory Commission (Commission or FERC) 
proposes to amend Part 341 of its regulations to rewrite, remove, and 
update its regulations governing the form, composition and filing of 
rates and charges by interstate oil pipelines for transportation in 
interstate commerce.\2\ This proposal is a part of the Commission's 
ongoing program to review its filing and reporting requirements and 
reduce unnecessary burdens by eliminating the collection of data that 
are not necessary to the performance of the Commission's regulatory 
responsibilities.
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    \2\ 18 CFR Part 341 (2012).
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I. Background

    2. Section 6 of the Interstate Commerce Act (ICA) requires 
interstate oil pipelines to file rates, fares, and charges for 
transportation on their systems, and also to file copies of contracts 
with other common carriers for such traffic. Similarly, section 20 of 
the ICA requires annual or special reports from carriers subject to the 
ICA collected by the Commission.\3\ These requirements are reflected in 
18 CFR Parts 341 and 357 of the Commission's regulations.\4\
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    \3\ See 49 U.S.C. app. 6, 20 (1988).
    \4\ See also 18 CFR Parts 341, 357 (2012) (implementing the 
filing and reporting requirements of sections 6 and 20 of the ICA).
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    3. In 2008, the Commission adopted Order No. 714, which required 
that all tariffs and tariff revisions and rate change applications for 
oil pipelines and other FERC-regulated entities be filed electronically 
according to a set of standards developed in conjunction with the North 
American Energy Standards Board.\5\ The Commission adopted Order No. 
714, in part, to comply with the Paperwork Reduction Act, the 
Government Paperwork Elimination Act, and the E-Government Act of 2002 
by developing the capability to file electronically with the Commission 
via the Internet. As relevant here, the Commission reasoned that 
electronic filing provides for easier tracking of document filing 
activity; potentially reduces mailing and courier fees; allows 
concurrent access to the tariff filing by multiple parties as well as 
the ability to download and print tariff filings; and provides 
automatic email notification to an applicant of receipt of the filing. 
Consequently, since April 1, 2010, all tariff filings with the 
Commission must be made electronically.\6\
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    \5\ Electronic Tariff Filings, Order No. 714, FERC Stats. & 
Regs. ] 31,276 (2008).
    \6\ Id. P 104.
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II. Discussion

    4. As noted, sections 6 and 20 of the ICA require interstate oil 
pipelines to file rates, fares, and charges for transportation on their 
systems, and also to file copies of contracts with other common 
carriers for such traffic. The Commission now proposes an overhaul of 
its regulations in Part 341 that incorporate ``housekeeping'' changes 
to eliminate obsolete language and sections. The proposed Part 341 
changes represent reorganization, rewriting, updating, modification, 
consolidation, and pruning of the current regulations. The changes 
provide for more useful and less burdensome data filed in electronic 
format. In an effort to increase public access to interstate oil 
pipeline tariffs, reduce interstate oil pipelines' regulatory burden of 
making tariff filings, and to improve interstate oil pipeline service 
to their shippers, the Commission proposes modifying Part 341 of its 
regulations. Many of these changes reflect the requirements established 
in Order No. 714.

III. Proposed Revisions

A. Posting Requirements

1. Eliminating Paper Posting
    5. Consistent with the Commission's goal to streamline its 
procedures to eliminate unnecessary regulatory obligations, the 
Commission proposes to eliminate the paper posting requirements of 
sections 341.0(a)(7), 341.7, and 341.3(c) of its regulations. Section 
341.0(a)(7) currently provides that oil pipelines must post their 
tariffs by making them ``available during regular business hours for 
public inspection in a convenient form and place at the carrier's 
principal office and other offices of the carrier where business is 
conducted with affected shippers, or placing a copy on the Internet in 
a form accessible by the public.'' Similarly, section 341.7 requires 
that ``[c]oncurrences must be maintained at carriers' offices and 
produced upon request.'' \7\ Lastly, section 341.3(c) lays out the 
requirements for ``loose-leaf tariffs,'' i.e., paper tariffs.
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    \7\ 18 CFR 341.7 (2012). See also 18 CFR 341.0(a)(2) (defining a 
concurrence as the agreement of a carrier to participate in the 
joint rates or regulations published by another carrier).
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    6. The Commission proposes to revise 341.0(a)(7) to eliminate the 
requirement that oil pipelines make their tariffs ``available for 
public inspection in a convenient form and place at the

[[Page 65514]]

carriers' principal office and other offices where business is 
conducted.'' Instead, consistent with the requirements for public 
utilities and interstate natural gas pipelines, the Commission proposes 
to mandate that oil pipelines electronically post their currently 
effective, pending and suspended tariffs on their public Web sites.\8\ 
The Commission also proposes to revise section 341.7 of its regulations 
to eliminate the requirement that ``concurrences be maintained at 
carriers' offices'' in paper form. In conjunction with these changes, 
the Commission proposes to update section 341.3 of its regulations by 
removing subsection 341.3(c), which references outdated ``loose-leaf 
tariffs.'' These proposals should reduce the burden on interstate oil 
pipelines while increasing the ease of accessing oil pipeline tariffs 
for shippers and possibly the oil pipelines themselves.
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    \8\ The terms of ``effective,'' ``pending'' and ``suspended'' 
are those used by Order No. 714 and eTariff, and for this document. 
The equivalent terms in 18 CFR 341.0(b)(4) (2012) are ``current,'' 
``proposed'' and ``suspended,'' respectively. See also 18 CFR 35.7 
(2012) (establishing the Public Utility Electronic Filing 
Requirements) and 18 CFR 284.12 (2012) (establishing the Natural Gas 
Electronic Filing Requirements).
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2. Service of Filings
    7. The Commission proposes to revise section 341.1(a) of its 
regulations to become consistent with section 385.2010 of its 
regulations by eliminating an oil pipeline's obligation to ``serve 
tariff publications and justifications to each shipper and subscriber'' 
by paper. Section 385.2010(f)(2) provides that, subject to certain 
limitations and exceptions, ``service of any document in proceedings 
commenced on or after March 21, 2005, must be made by electronic means 
unless the sender and recipient agree otherwise or the recipient's 
email address is unavailable from the official service list.'' \9\ This 
proposed change will create a uniform service requirement for all 
Commission-regulated entities and eliminate any ambiguity regarding the 
Commission's preferred mode of service. Moreover, this proposal should 
reduce the burden on interstate oil pipelines while increasing ease of 
tracking document filing activity and potentially reducing mailing and 
courier fees.
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    \9\ 18 CFR 385.2010 (2012).
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3. Index of Effective Tariffs
    8. As part of its efforts to eliminate unnecessary filing 
requirements, the Commission proposes to make changes to section 341.9 
of its regulations, which specifies the information that an oil 
pipeline's tariff index must contain and how it must be organized. 
Section 341.9(a) of the Commission's regulations provides that each 
Commission-regulated ``carrier must publish as a separate tariff 
publication under its FERC Tariff numbering system, a complete index of 
all effective tariffs to which it is a party * * *.'' Section 341.9(e) 
further provides that the ``index must be kept current by supplements 
numbered consecutively. The supplements may be issued quarterly. At a 
minimum, the index must be reissued every four years.''
    9. The Commission proposes to eliminate the requirement that oil 
pipelines make a tariff filing setting forth an index of all effective 
tariffs to which it is a party and replace such requirement with an 
obligation that oil pipelines post the index of tariffs on their public 
Web sites. The Commission also proposes to simplify the information oil 
pipelines must include by requiring that the index of tariffs identify 
for each tariff: (1) The product being shipped and (2) the origin and 
destination points for that product. The Commission further proposes 
that oil pipelines update the index of tariffs within ninety days of 
any change.
    10. This proposal would eliminate the need of an oil pipeline to 
make a tariff filing. The posting of index tariffs on an oil pipeline's 
public Web site would also provide shippers with more current 
information. Importantly, this proposal would simplify what is required 
to be contained in the index of tariffs without negatively impacting 
the information provided to shippers.
    11. Similarly, many oil pipelines only have one or two tariffs on 
file with the Commission. For oil pipelines with a limited number of 
tariffs, the Commission questions the value of an index of tariffs and 
believes that such index provides little benefit to shippers. 
Therefore, the Commission proposes to require only oil pipelines with 
more than two tariffs to maintain an index of tariffs on their public 
Web sites. The Commission estimates that the proposed changes to the 
index of tariff requirements will eliminate approximately twenty-two 
unnecessary filings each year. These changes will still provide 
shippers and the public at large with current and useful information, 
without any negative impact.

B. Electronic Updates and Filing Requirements

    12. Many of the tariff filing and tariff maintenance requirements 
currently stated in part 341 of the Commission's regulations are 
premised on the maintenance of paper records. Since the implementation 
of Order No. 714, however, some oil pipeline tariff filings are now 
obsolete. In light of these changes, as explained below, the Commission 
proposes removing the filing requirements for amendments to tariff 
provided for under section 341.4 of the Commission's regulations, 
including the amendment and suspension requirements.
1. Tariff Supplements
    13. Section 341.4(a)(1) of the Commission's regulations allows an 
oil pipeline's tariff to be supplemented only once.\10\ The Commission 
believes that this provision is now outdated because it is practical 
for oil pipelines to modify electronic tariffs at any time. 
Accordingly, the Commission proposes to delete the provisions in 
section 341.4(a)(1).
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    \10\ 18 CFR 341.4(a)(1) (2012) (limiting supplements to one 
effective supplement per tariff, except for cancellation, 
postponement, adoption, corrections, and suspension supplements).
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2. Amended, Canceled or Reissued Tariff Supplement Data
    14. Section 341.4(a)(2) of the Commission's regulations sets forth 
the requirements for maintenance of oil pipeline tariffs that are 
amended, canceled, or reissued.\11\ In Order No. 714, the Commission 
required oil pipelines to maintain Record Version Numbers for each 
tariff record.\12\ Consequently, supersession data is now maintained 
electronically \13\ and the provisions set forth in section 341.4(a)(2) 
are obsolete. Consequently, the Commission proposes deleting these 
provisions.
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    \11\ 18 CFR 341.4(a)(2) (2012).
    \12\ Record Version Number is the representation of the version 
of the Tariff Record. See Implementation Guide for Electronic Filing 
of Parts 35, 154, 284, 300 and 341 Tariff Filings (Implementation 
Guide) located on the Commission Web site.
    \13\ Tariff record supersession data includes the following: 
Record Current Status, Current Effective Date, and FERC Order Date. 
See eTariff Viewer located on the Commission's Web site at http://www.ferc.gov/.
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3. Cancelling Tariffs
    15. The Commission proposes to consolidate the instructions for 
cancellation of tariffs into Section 341.5 of the Commission's 
regulations.\14\ Section 341.4(b) of the Commission's regulations 
requires oil pipelines to file supplements to an amendment to a tariff 
``when tariffs are canceled without reissue.'' \15\ Section 341.5 of 
the

[[Page 65515]]

Commission's regulations also details requirements in the event that an 
oil pipeline's tariff is canceled. Rather than addressing cancelation 
in two separate regulations, the Commission proposes to consolidate and 
simplify the requirements relating to oil pipeline tariff cancelations 
into section 341.5 of the Commission's regulations by detailing that if 
an oil pipeline tariff is no longer offered, then the oil pipeline must 
cancel such tariff within thirty days of the termination of the tariff.
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    \14\ 18 CFR 341.5 (2012).
    \15\ 18 CFR 341.4(b) (2012). See also 18 CFR 341.3(b)(10)(ii) 
(2012) (detailing tariff reissuance requirements).
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4. Suspension Supplements
    16. The Commission proposes to eliminate the filing requirements 
for oil pipeline suspension supplements required by section 341.4(f) of 
the Commission's regulations. Section 341.4(f) provides for oil 
pipelines a ``suspension supplement must be filed for each suspended 
tariff or suspended part of a tariff within 30 days of the issuance of 
a suspension order.'' \16\ Section 341.1(f) further provides that the 
suspension supplement, which must be served on all subscribers, ``must 
include the date it is issued, a reproduction of the ordering 
paragraphs of the suspension order, a statement that the tariff or 
portion of the tariff was suspended until the date stated in the 
suspension order, a reference to the docket number under which the 
suspension order was issued, and a statement that the previous tariff 
publication remains in effect.''
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    \16\ 18 CFR 341.4(f) (2012).
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    17. This suspension supplement tariff record filing was originally 
premised on the maintenance of a paper records and the service of such 
paper tariff records, which is now obsolete because of the electronic 
filing requirements of Order No. 714. Accordingly, the Commission 
proposes eliminating the current filing requirements of section 
341.4(f) and replacing them with an obligation of oil pipelines to 
serve Commission suspension orders on individual pipeline subscriber 
lists. This will eliminate the tariff filing for the suspension 
supplement, as well as subsequent filings an oil pipeline must make to 
remove a suspension supplement. The Commission estimates that this will 
eliminate approximately twelve filings each year.
5. Amendments to Tariffs
    18. The Commission proposes further revisions to section 341.4 of 
its regulations to treat all amendments to pending tariffs, whether 
ministerial or substantive, in the same manner as they are treated for 
public utilities and natural gas companies. Section 341.4(e) of the 
Commission's regulations limits an oil pipeline from filing more than 
three ``correction supplements'' to correct ``typographical or clerical 
errors'' per tariff. In contrast, the Commission's regulations do not 
allow an oil pipeline to make non-ministerial tariff changes without 
filing to withdraw any pending proposal and making a new tariff filing.
    19. In the electronic filing environment established by Order No. 
714, the Commission does not believe that it should limit the number of 
times an oil pipeline may make corrections to a tariff record. 
Therefore, the Commission proposes to revise section 341.4 of its 
tariff to treat all amendments to pending tariff records, whether 
ministerial or substantive, the same to allow an oil pipeline to file 
to amend or to modify a tariff record at any time during the pendency 
of the Commission acting on such tariff record. In addition, the 
Commission proposes creating a tariff record amendment process that 
parallels the existing business process for amending pending statutory 
tariff filings under its public utility and natural gas programs.\17\ 
Under this proposal, an oil pipeline will be able to keep its requested 
effective date from its original tariff record filing, while giving 
interested parties a full comment period to address any issues relating 
to a proposed amendment. An amendment will toll the notice period as 
provided in section 341.2(b) of the Commission's regulations, for the 
original filing, and establish a new date for final Commission action.
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    \17\ 18 CFR 35.17(b) and 18 CFR 154.205(b) (2012) 
(respectively).
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6. Adoption
    20. Section 341.6(a) provides an oil pipeline must file a tariff 
and ``notify the Commission when there is: (1) A change in the legal 
name of the carrier; (2) a transfer of all of the carrier's properties; 
or (3) a change in ownership of only a portion of the carrier's 
property.'' This filing must be made by the oil pipeline ``as soon as 
possible but no later than [thirty] days following such occurrence.'' 
This filing is commonly known as an ``Adoption Notice.'' Section 
341.6(c) further provides that ``when a carrier changes its legal name, 
or when ownership of all a carrier's properties is transferred, or when 
the ownership of a portion of a carrier's properties is transferred to 
another carrier, the adopting carrier must file and post an adoption 
notice.'' In these instances, the adopting oil pipeline must make a 
tariff filing within thirty days transferring into its Commission 
tariff records, the rates that the adopting oil pipeline is adopting 
(filing to bring tariffs forward).
    21. To eliminate unnecessary filings, the Commission proposes 
consolidating the Adoption Notice filing and the filing to integrate 
the tariff records of the adopting carrier. To implement this change, 
the Commission proposes modeling sections 341.6(a) on section 154.603 
of the Commission's natural gas regulations. Section 154.603 provides 
that ``[w]henever the tariff * * * of a natural gas company on file 
with the Commission is to be adopted by another company or person as a 
result of an acquisition, or merger * * * the succeeding company must 
file with the Commission, and post within 30 days after such 
succession, a tariff filing * * * bearing the name of the successor 
company.'' The Commission estimates that this proposal will eliminate 
approximately fifteen Adoption Notice filings each year.
7. Implementation
    22. If the Commission adopts the proposed changes to the types of 
filings discussed above, the Secretary of the Commission will issue a 
revised list of Type of Filing Codes.\18\
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    \18\ See 18 CFR 375.302(z) (2012). The Implementation Guide 
describes the Type of Filing contents. The Type of Filing Code list 
is posted on the Commission's Web site at http://www.ferc.gov/docs-filing/etariff/filing_type.csv.
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IV. Information Collection Statement

    23. The Office of Management and Budget (OMB) regulations require 
approval of certain information collection requirements imposed by 
agency rules.\19\ 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 an agency 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. The Paperwork Reduction Act (PRA) \20\ requires each Federal 
agency to seek and obtain OMB approval before undertaking a collection 
of information directed to ten or more persons or contained in a rule 
of general applicability.\21\
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    \19\ 5 CFR 1320 (2012).
    \20\ 44 U.S.C. 3501-3520 (2012).
    \21\ OMB's regulations at 5 CFR 1320.3(c)(4)(i) (2012) require 
that ``Any recordkeeping, reporting, or disclosure requirement 
contained in a rule of general applicability is deemed to involve 
ten or more persons.''
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    24. The Commission is submitting these reporting requirements to 
OMB for its review and approval under section 3507(d) of the PRA. 
Comments are

[[Page 65516]]

solicited on the Commission's need for this information, whether the 
information will have practical utility, the accuracy of provided 
burden estimates, 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.
    25. The Commission's estimate of the change in Public Reporting 
Burden and cost related to the proposed rule in Docket RM12-15-000 
follow.
    26. The proposed regulations will eliminate or reduce several 
filing requirements as obsolete and no longer necessary. The eliminated 
or reduced filings include the filing of Index of Tariffs, reduced 
number of adoption filings, eliminated suspension supplements, and 
reduced number of filings necessary to amend incorrect filings. Based 
upon a review of the filings made by interstate oil pipelines since 
eTariff was implemented in April 2010, the Commission estimates a 
reduction of 99 tariff filings and 1,082 burden hours per year, as 
shown in the table below.
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    \22\ The cost figure is based on management analyst work at 
$38.50 per hour. We adjusted the $38.50 figure to account for 
benefits resulting in a loaded figure of $55 per hour ($38.5/0.704). 
We obtained wage and benefit information from Bureau of Labor 
Statistics information at http://bls.gov/oes/current/naics2_22.htm 
and http://www.bls.gov/news.release/ecec.nr0.htm.

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                                                                     Estimated
                RM12-15, FERC-550                  Reduction in     hours  per     Total  hours     Total cost
                                                      filings         filing                       reduction\22\
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Revised 341.4, Amendments to tariff filings.....              50              11             550         $30,250
Revised 341.6, Adoption of the tariff by a                    15              11             165           9,075
 successor......................................
Elimination of 341.4(f) (Suspension Supplements)              12              11             132           7,260
Revised 341.9, Index of Tariffs.................              22              11             242          13,310
                                                 ---------------------------------------------------------------
    Total.......................................              99  ..............           1,089          59,895
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    27. The Commission proposes to revise Part 341's tariff posting 
requirements for interstate oil pipelines from paper to electronic 
format. There is no change in burden for the pipelines to maintain the 
status of their tariffs for public inspection, as that requirement is 
unchanged. The Commission recognizes that there will be a one-time 
increased burden involved in the initial implementation associated with 
purchasing software and updating Web sites to post their tariff 
electronically. We estimate a one-time additional cost of $250 per 
respondent for non-labor costs. Additionally we estimate a one-time 
hourly burden of 20 hours per respondent for updating the web sites for 
posting of the tariffs.

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                                                                                                                           Estimated          Total
                                                                        Number of        Estimated          Total       additional  one- estimated  one-
                         RM12-15, FERC-550                           pipelines  with  additional one-     estimated      time non-labor    time hourly
                                                                         tariffs      time burden per  additional one-   hours cost per  burden cost per
                                                                                           filer         time burden         filer            filer
                                                                     ...............           (hr.)            (hr.)              ($)              ($)
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Revisions to 18 CFR Part 341.......................................             167               20            3,340              250            1,097
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    Information Collection Costs: The Commission seeks comments on the 
costs and burden to comply with these requirements.

Total additional one-time non-labor hour cost = $41,750 ($250 per 
respondent).\23\
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    \23\ The $250 is an aggregate number. Some respondents will 
incur little to no expense in order to satisfy the proposals in this 
rulemaking as they already post their tariffs on their web sites 
and/or have software with that functionality.
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Savings per year = $468 per respondent.\24\
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    \24\ Based on an annual reduction of $59,895 divided by 128, the 
average number of respondents per year. The number of pipelines with 
tariffs is greater than the number of respondents because not all 
pipelines with tariffs make tariff filings every year.
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Total additional one-time hourly burden cost = $183,199 ($1,097 per 
respondent).\25\
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    \25\ The cost figure is based on 5 hours of computer analyst 
work ($39.02/hour) and 15 hours of management analyst work ($38.50/
hour) resulting in a total of $772.60. We adjusted the $772.60 
figure to account for benefits resulting in a loaded figure of 
$1,097 ($772.60/0.704). We obtained wage and benefit information 
from the Bureau of Labor Statistics (at http://bls.gov/oes/current/naics2_22.htm and at http://www.bls.gov/news.release/ecec.nr0.htm).
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Burden hour savings per year after implementation year = 8.4 hours per 
respondent
    Title: FERC-550, Oil Pipeline: Tariff Filing
    Action: Proposed Revisions to the FERC-550.
    OMB Control No: 1902-0089.
    Respondents: Public and non-public utilities.
    Frequency of Responses: Initial implementation and ongoing 
reduction in burden.
    Necessity of the Information: The proposals in this Proposed Rule 
would, if implemented, increase transparency to both shippers and the 
public, simplify some filings, reduce the regulatory burden placed on 
oil pipelines, and modernize Part 341 in accordance with the 
Commission's electronic systems.
    Internal review: The Commission has reviewed the proposed changes 
and has determined that the changes are necessary. These requirements 
conform to the Commission's need for efficient information collection, 
communication, and management within the energy industry. The 
Commission has assured itself, by means of internal review, that there 
is specific, objective support for the burden estimates associated with 
the information collection requirements.
    Interested persons may obtain information on the reporting 
requirements by contacting: Federal Energy Regulatory Commission, 888 
First Street NE., Washington, DC 20426 [Attention: Ellen Brown, Office 
of the Executive Director, email: DataClearance@ferc.gov, Phone: (202) 
502-8663, fax: (202) 273-0873]. Comments on the requirements of this 
rule may also be sent to the Office of

[[Page 65517]]

Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503 [Attention: Desk Officer for the Federal Energy 
Regulatory Commission]. For security reasons, comments should be sent 
by email to OMB at oira_submission@omb.eop.gov. Please reference OMB 
Control No. 1902-0089, FERC-550 and the docket number of this proposed 
rulemaking in your submission.

V. Environmental Analysis

    28. 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.\26\ The 
actions taken here fall within categorical exclusions in the 
Commission's regulations for information gathering, analysis, and 
dissemination.\27\ Therefore, an environmental assessment is 
unnecessary and has not been prepared in this rulemaking.
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    \26\ Regulations Implementing the National Environmental Policy 
Act, Order No. 486, FERC Stats. & Regs., Regulations Preambles 1986-
1990 ] 30,783 (1987).
    \27\ 18 CFR 380.4(a)(5) (2012).
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VI. Regulatory Flexibility Act Certification

    29. The Regulatory Flexibility Act of 1980 (RFA) requires agencies 
to prepare certain statements, descriptions, and analyses of proposed 
rules that will have a significant economic impact on a substantial 
number of small entities.\28\ Agencies are not required to make such an 
analysis if a rule would not have such an effect.
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    \28\ 5 U.S.C. 601-12 (2012).
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    30. The Commission does not believe that this proposed rule will 
have a significant impact on small entities, nor will it impose upon 
them any significant costs of compliance. The Commission identified 29 
small entities as respondents to the requirements in the proposed 
rule.\29\ As explained above, the changes to Part 341 of the 
Commission's regulations will only impose a small burden in the first 
year ($2,460 per respondent), and will result in net savings for other 
years ($3,369 per company). The Commission does not estimate that there 
are any other regulatory burdens associated with this final rule. Thus, 
the Commission certifies that the final rule would not have a 
significant economic impact on a substantial number of small entities.
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    \29\ The RFA definition of ``small entity'' refers to the 
definition provided in the Small Business Act, which defines a 
``small business concern'' as a business that is independently owned 
and operated and that is not dominant in its field of operation. 15 
U.S.C. 632 (2012). The Small Business Size Standards component of 
the North American Industry Classification System defines a small 
oil pipeline company as one with less than 1,500 employees. See 13 
CFR Parts 121, 201 (2012).
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VII. Comment Procedures

    31. 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 November 28, 2012. Comments must refer to 
Docket No. RM12-15-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments.
    32. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The 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.
    33. 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.
    34. 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.

VIII. Document Availability

    35. 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.
    36. 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.
    37. 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-
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public.referenceroom@ferc.gov.

List of subjects in 18 CFR Part 341

    Pipelines, Reporting and recordkeeping requirements.

By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
    In consideration of the foregoing, the Commission proposes to amend 
Part 341, Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 341--OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO 
SECTION 6 OF THE INTERSTATE COMMERCE ACT

    1. The authority citation for Part 341 continues to read as 
follows:

    Authority:  42 U.S.C. 7101-7352; 49 U.S.C. 1-27.

    2. Section 341.0(a)(7) is revised to read as follows:


Sec.  341.0  Definitions; application.

    (a) * * *
    (7) Posting or Post means making current, proposed and suspended 
tariffs available on a carrier's public Web site.
* * * * *
    3. In Sec.  341.2(a)(1), revise the third sentence in paragraph 
341.2(a)(1), to read as follows:


Sec.  341.2  Filing requirements.

    (a) * * *
    (1) * * * Such service shall be made in accordance with the 
requirements of Sec.  385.2010 of this chapter.
* * * * *


Sec.  341.3  [Amended]

    4. In Sec.  341.3 remove paragraph (c).
    5. Section 341.4 is revised to read as follows:


Sec.  341.4  Amendments of tariff filings.

    A carrier may file to amend or modify a tariff contained in a 
tariff filing at any time during the pendency of the filing. Such 
filing will toll the notice period as provided in Sec.  341.2(b) for 
the original filing, and establish a new date on which the entire 
filing will become effective, in the absence of Commission action, no 
earlier than 31 days from the date of the filing of the amendment or 
modification.

[[Page 65518]]

    6. Section 341.5 is revised to read as follows:


Sec.  341.5  Cancellation of Tariffs.

    Carriers must cancel tariffs when the service or transportation 
movement is terminated. If the service in connection with the tariff is 
no longer in interstate commerce, the tariff publication must so state. 
Carrier must file such cancellations within 30 days of the termination 
of service.
    7. Section 341.6 is revised to read as follows:


Sec.  341.6  Adoption of the tariff by a successor.

    Whenever the tariff(s) of a carrier on file with the Commission are 
to be adopted by another carrier as a result of an acquisition, merger, 
or name change, the succeeding company must file with the Commission, 
and post within 30 days after such succession, a tariff in the 
electronic format required by Sec.  341.1 bearing the name of the 
successor company.
    8. Section 341.7 is revised to read as follows:


Sec.  341.7  Concurrences.

    Concurrences must be shown in the carriers' tariff and maintained 
consistent with the requirements of Part 341 of this chapter.
    9. Amend Sec.  341.9 by:
    a. In paragraph (a) introductory text, revise the first sentence ;
    b. Adding paragraph (a)(5) ;
    c. Removing paragraphs (b), (c), (d) and (f); and
    d. Redesignating paragraph (e) as paragraph (b) and revising it.
    The revisions and addition read as follows:


Sec.  341.9  Index of tariffs.

    (a) Each carrier with more than two tariffs or concurrences must 
post on its public Web site a complete index of all effective tariffs 
to which it is a party, either as an initial, intermediate, or 
delivering carrier. * * *
* * * * *
    (5) Product Shipped and Origin. Each index must identify, for each 
tariff, the product being shipped and the origin and destination points 
for that product.
    (b) Updates. The index of tariffs must be updated within 90 days of 
any change to an effective tariff.


Sec.  341.11  [Amended]

    10. In section 341.11 remove the second sentence in paragraph (b).


Sec.  341.13  [Amended]

    11. In section 341.13, remove the second sentence in paragraph (c).
[FR Doc. 2012-26142 Filed 10-26-12; 8:45 am]
BILLING CODE 6717-01-P


