[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Rules and Regulations]
[Pages 39509-39514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19368]



[[Page 39509]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 284

[Docket No. RM96-1-008; Order No. 587-H]


Standards for Business Practices of Interstate Natural Gas 
Pipelines

Issued: July 15, 1998.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final Rule and Order Establishing Implementation Date.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
amending its regulations governing standards for conducting business 
practices and electronic communication with interstate natural gas 
pipelines. The Commission is incorporating by reference the standards 
relating to intra-day nominations promulgated March 12, 1998 by the Gas 
Industry Standards Board (GISB). The Commission also is establishing 
the implementation date for intra-day nomination regulations adopted in 
Order No. 587-G published in the Federal Register April 23, 1998.

DATES: Effective Date: The rule is effective August 24, 1998.
    Incorporation by Reference: The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of August 24, 1998.
    Implementation Date: Pipelines are to implement the intra-day 
nomination regulations adopted in this rule and in Order No. 587-G 
published at 63 FR 20072 by November 2, 1998.

ADDRESSES: Federal Energy Regulatory Commission, 888 First Street, 
N.E., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT: Michael Goldenberg, Office of the 
General Counsel, Federal Energy Regulatory Commission, 888 First 
Street, NE, Washington, DC 20426, (202) 208-2294; Marvin Rosenberg, 
Office of Economic Policy, Federal Energy Regulatory Commission, 888 
First Street, N.E., Washington, DC 20426, (202) 208-1283; Kay Morice, 
Office of Pipeline Regulation, Federal Energy Regulatory Commission, 
888 First Street, N.E., Washington, DC 20426, (202) 208-0507.

SUPPLEMENTARY INFORMATION: In addition to publishing the full text of 
this document in the Federal Register, the Commission also provides all 
interested persons an opportunity to inspect or copy the contents of 
this document during normal business hours in the Public Reference Room 
at 888 First Street, N.E., Room 2A, Washington, D.C. 20426.
    The Commission Issuance Posting System (CIPS) provides access to 
the texts of formal documents issued by the Commission. CIPS can be 
accessed via Internet through FERC's Homepage (http://www.ferc.fed.us) 
using the CIPS Link or the Energy Information Online icon. The full 
text of this document will be available on CIPS in ASCII and 
WordPerfect 6.1 format. CIPS is also available through the Commission's 
electronic bulletin board service at no charge to the user and may be 
accessed using a personal computer with a modem by dialing 202-208-
1397, if dialing locally, or 1-800-856-3920, if dialing long distance. 
To access CIPS, set your communications software to 19200, 14400, 
12000, 9600, 7200, 4800, 2400, or 1200 bps, full duplex, no parity, 8 
data bits and 1 stop bit. User assistance is available at 202-208-2474 
or by E-mail to [email protected].
    This document is also available through the Commission's Records 
and Information Management System (RIMS), an electronic storage and 
retrieval system of documents submitted to and issued by the Commission 
after November 16, 1981. Documents from November 1995 to the present 
can be viewed and printed. RIMS is available in the Public Reference 
Room or remotely via Internet through FERC's Homepage using the RIMS 
link or the Energy Information Online icon. User assistance is 
available at 202-208-2222, or by E-mail to [email protected].
    Finally, the complete text on diskette in WordPerfect format may be 
purchased from the Commission's copy contractor, La Dorn System 
Corporation. La Dorn Systems Corporation is located in the Public 
Reference Room at 888 First Street, N.E., Washington, D.C. 20426.

Final Rule Adopting Standards for Intra-Day Nominations and Order 
Establishing Implementation Date

    Before Commissioners: James J. Hoecker, Chairman; Vicky A. 
Bailey, William L. Massey, Linda Breathitt, and Curt Hebert, Jr.

    The Federal Energy Regulatory Commission (Commission) is amending 
Sec. 284.10 of its regulations to incorporate by reference the most 
recent standards dealing with intra-day nominations and nomination and 
scheduling procedures promulgated by the Gas Industry Standards Board 
(GISB) on March 12, 1998. The Commission adopted regulations regarding 
intra-day nominations in Order No. 587-G 1 
(Sec. 284.10(c)(1)(i)), but deferred implementation of these 
regulations until GISB had considered, and the Commission had adopted, 
implementing standards. This rule adopts the necessary implementation 
standards, and, therefore, Commission is establishing November 2, 1998 
as the date for pipeline implementation of the requirements of this 
rule and the requirements of Sec. 284.10(c)(1)(i).
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    \1\ Standards For Business Practices Of Interstate Natural Gas 
Pipelines, Order No. 587-G, 63 FR 20072 (Apr. 23, 1998), III FERC 
Stats. & Regs. Regulations Preambles para. 31,062 (Apr. 16, 1998).
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1. Background

    In Order Nos. 587, 587-B, and 587-C 2 the Commission 
adopted regulations to standardize the business practices and 
communication methodologies of interstate pipelines in order to create 
a more integrated and efficient pipeline grid. In those orders, the 
Commission incorporated by reference consensus standards developed by 
GISB, a private, consensus standards developer composed of members from 
all segments of the natural gas industry.
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    \2\ Standards For Business Practices Of Interstate Natural Gas 
Pipelines, Order No. 587, 61 FR 39053 (Jul. 26, 1996), III FERC 
Stats. & Regs. Regulations Preambles para. 31,038 (Jul. 17, 1996), 
Order No. 587-B, 62 FR 5521 (Feb. 6, 1997), III FERC Stats. & Regs. 
Regulations Preambles para. 31,046 (Jan. 30, 1997), Order No. 587-C, 
62 FR 10684 (Mar. 10, 1997), III FERC Stats. & Regs. Regulations 
Preambles para. 31,050 (Mar. 4, 1997).
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    In Order No. 587, the Commission adopted a standard requiring 
pipelines to permit shippers to make at least one intra-day nomination 
per day.3 An intra-day nomination is a nomination submitted 
after the initial nomination deadline at 11:30 a.m. to change a 
shipper's scheduled quantities for the next gas day.4
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    \3\ 18 CFR 284.10(b)(1)(i) (1997), Nominations Related Standards 
1.3.10.
    \4\ 18 CFR 284.10(b)(1)(i) (1997), Nominations Related Standards 
1.2.4.
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    In Order No. 587-C, the Commission did not adopt additional 
standards approved by GISB concerning intra-day nominations, because 
the standards did not clearly outline the pipelines' obligations. The 
Commission further noted that pipelines had implemented GISB's previous 
intra-day standards in divergent ways, for instance, by establishing 
different times for submission of intra-day nominations. These 
differences prevented shippers from coordinating their intra-day 
nominations across the pipeline grid. The Commission gave GISB and the 
industry until September 1, 1997, to propose additional standards that 
would create the needed uniformity in intra-day procedures.

[[Page 39510]]

    On September 2, 1997, GISB filed a report detailing its progress in 
reaching consensus on the intra-day standards. While GISB reported 
making significant progress in developing the standards, it highlighted 
conflicts between its members that were inhibiting completion of the 
standards. The disagreements concerned the circumstances under which 
intra-day nominations by shippers holding firm capacity should be given 
scheduling priority over previously scheduled interruptible service.
    In Order No. 587-G, the Commission resolved these conflicts. It 
issued a regulation requiring pipelines to accord an intra-day 
nomination submitted by a firm shipper scheduling priority over 
nominated and scheduled volumes for interruptible shippers.5 
The Commission, however, deferred implementation of this requirement 
until GISB had developed, and the Commission had adopted, standards to 
implement the regulation.
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    \5\ Rehearing of Order No. 587-G is pending.
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    On April 16, 1998, the Commission issued a Notice of Proposed 
Rulemaking (NOPR),6 proposing to adopt standards governing 
intra-day nominations adopted by a consensus of the GISB membership on 
March 12, 1998.7 The proposed date for implementing these 
standards was September 1, 1998.
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    \6\ Standards for Business Practices of Interstate Natural Gas 
Pipelines, Notice of Proposed Rulemaking, 63 FR 19861 (Apr. 22, 
1998), IV FERC Stats. & Regs. Proposed Regulations para. 32,529 
(Apr. 16, 1998).
    \7\ The new standards are 1.1.17 through 1.1.19, 1.2.8 through 
1.2.12, 1.3.39 through 1.3.44. In addition, modifications were made 
to existing standards. Standards 1.2.7, 1.3.10, and 1.3.12 were 
deleted. Standards 1.3.2, 1.3.20, 1.3.22, and 1.3.32 were revised.
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    The standards establish three synchronization times for shippers to 
coordinate their intra-day nominations: 6 p.m. to take effect the next 
gas day; and 10 a.m. and 5 p.m. to take effect on the same gas day. 
Under the standards, the 10 a.m. intra-day nomination would become 
effective, if confirmed, at 5 p.m. the same day, with any bumping 
notice to interruptible shippers given by 2 p.m. The 5 p.m. intra-day 
nomination would become effective, if confirmed, at 9 p.m. the same 
day. No bumping is allowed at the 5 p.m. nomination. The 6 p.m. intra-
day nomination would become effective, if confirmed, at 9 a.m. the next 
morning if all parties can be scheduled and bumping notice for the 6 
p.m. intra-day nomination would be given by 10 p.m. GISB, however, did 
not establish the time at which a bumping intra-day nomination would 
become effective, leaving that determination for the Commission. The 
following chart illustrates the nomination timeline (with a blank for 
the effective time of a bumping 6 p.m. nomination).8
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    \8\ The term ``TSP'' in the chart stands for transportation 
service provider.

[[Page 39511]]

[GRAPHIC] [TIFF OMITTED] TR23JY98.001



The standards also establish protocols for pipeline processing of 
nominations and confirmations for both regular and intra-day 
nominations.

    As discussed above, the standards do not establish the time at 
which a firm intra-day nomination submitted on the day prior to gas 
flow (6 p.m.), which bumps interruptible service, would take effect. 
The standards leave that time to be determined by the Commission. The 
Commission already has resolved this issue in Order No. 587-G, adopting 
a regulation requiring that an intra-day nomination submitted on the 
day prior to gas flow will take effect at the start of the gas day, 9 
a.m. central clock time (CCT).9
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    \9\ 18 CFR 284.10(c)(1)(i)(B). Central clock time adjusts for 
daylight savings time.
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    Comments on the NOPR were filed by American Gas Association (AGA), 
Enron Interstate Pipelines (Enron), Natural Gas Clearinghouse (NGC), 
Natural Gas Supply Association (NGSA), ProLiance Energy, LLC 
(ProLiance), TransCapacity Limited Partnership (TransCapacity), and 
Williston Basin Interstate Pipeline Company (Williston Basin).

2. Discussion

    The Commission is incorporating the GISB intra-day nomination 
standards into its regulations. As the Commission found in Order No. 
587, adoption of consensus standards is appropriate because the 
consensus process helps ensure the reasonableness of the standards by 
requiring that the standards draw support from a broad spectrum of all 
segments of the industry.10 Moreover, since the industry 
itself has to conduct business under these standards, the standards 
should reflect those business practices that have the widest possible 
support. Section 12(d) of the National Technology Transfer and 
Advancement Act (NTT&AA) of 1995 requires federal agencies to, whenever 
possible, use technical standards developed by voluntary consensus 
standards

[[Page 39512]]

organizations, like GISB, to carry out policy objectives or 
activities.11
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    \10\ Order No. 587, 61 FR at 39057, GISB's III FERC Stats. & 
Regs. Regulations Preambles at 30,059-60. GISB's consensus process 
requires a super-majority vote of 17 out of 25 members with support 
from at least two members from each of the five industry segments--
interstate pipelines, local distribution companies, gas producers, 
end-users, and services (including marketers and computer service 
providers). For final approval, 67% of GISB's general membership 
must ratify the standards.
    \11\ Pub. L. 104-113, section 12(d), 110 Stat. 775 (1996), 15 
U.S.C. 272 note (1997).
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    Adoption of these standards will further the Commission's policy of 
adopting regulations that create a more integrated and efficient 
interstate pipeline grid. The adoption of these standards will expand 
from one to three the number of intra-day opportunities to which 
shippers are entitled and will, therefore, provide them with greater 
opportunities to change their nominated quantities to better accord 
with changes in weather or other market circumstances. By creating 
times at which shippers can synchronize their intra-day nominations 
across pipelines, these standards, together with the Commission's 
regulations adopted in Order No. 587-G, will create the uniform process 
shippers need to coordinate their intra-day nominations across the 
pipeline grid. The standards governing nomination and confirmation 
procedures, further, should help create a more reliable nomination 
process in which pipelines will receive accurate information, so they 
can schedule nominations and intra-day nominations that their systems 
can accommodate.
    The commenters all support adoption of the GISB standards, although 
some suggest modifications or clarifications. Enron requests that the 
Commission extend the implementation date from September 1, 1998, until 
November 1, 1998, to give those pipelines which currently do not permit 
firm intra-day nominations to bump interruptible nominations sufficient 
time to reprogram their computers to accommodate bumping. To permit 
pipelines to implement these standards with a minimum of errors, the 
Commission will defer the implementation date until November 2, 1998. 
This extension still will provide shippers with the additional intra-
day flexibility accorded by the standards in time for the winter 
heating season.
    NGC and NGSA request clarification of revised standard 1.3.32 which 
provides that:

    For services that provide for intraday nominations and 
scheduling, there is no limitation as to the number of intraday 
nominations (line items as per GISB Standard 1.2.1) which a service 
requester may submit at any one standard nomination cycle or in 
total across all standard nomination cycles. Transportation Service 
Providers may (for an interim period expiring on April 1, 1999) 
limit Service Requesters to one transmittal of nominations per 
standard intraday nomination cycle, (excluding corrections of errors 
identified in the Quick Response).

They contend that the sentence permitting pipelines to limit shippers' 
intra-day nominations prior to April 1, 1999, to one nomination per 
intra-day nomination cycle should be interpreted to permit one intra-
day nomination per contract.
    The requested clarification comports with Commission policy. Prior 
to this change, Commission regulations required that the pipelines 
provide shippers with only one intra-day nomination 
opportunity.12 The Commission's policy has been that the 
single intra-day nomination opportunity is available for each contract 
between the shipper and the pipeline and that the shipper can use this 
opportunity to request changes at all receipt and delivery 
points.13
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    \12\ Former 18 CFR 284.10(b)(1)(i) (1997), Nominations Related 
Standards 1.3.10 (1997).
    \13\ See Tennessee Gas Pipeline Company, 78 FERC para. 61,007, 
at 61,019-20 (1997); Texas Eastern Transmission Corporation, 77 FERC 
para. 61,175, at 61,649 (1996).
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    NGC and NGSA further point out that the regulations provide for 
pipelines to notify interruptible shippers that they are being bumped, 
but that the regulations do not specify the form of notice. They 
maintain that notice limited to the scheduled quantities document is 
not sufficient,14 because gas producers would have to 
monitor pipeline web sites until 10 p.m. at night to make sure they 
receive the notice. They argue that the bumping notice should be 
provided by telephone or facsimile or, at least, by Internet E-mail or 
direct Internet notification to the shipper's URL address, the methods 
the Commission chose for pipeline notification of operational flow 
orders (OFOs) in Order No. 587-G.15
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    \14\ The scheduled quantities document is a electronic 
transmittal from the pipeline showing the quantity of gas scheduled. 
18 CFR 284.10(b)(1)(i) (1997).
    \15\ 18 CFR 284.10(c)(3)(vi).
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    The Commission finds this request reasonable and will expect that, 
in addition to notification through the scheduled quantities statement, 
pipelines should provide direct notice of bumping using Internet E-mail 
or direct notification to a shipper's Internet URL address when they 
comply with the requirement in Order No. 587-G. Until that time, the 
pipelines should provide notice of bumping in the same manner they 
currently provide notice of OFOs.
    TransCapacity and NGC submitted comments that are not germane to 
this rulemaking, but instead relate to issues resolved in Order No. 
587-G. TransCapacity requests that the Commission make clear that 
secondary firm transportation once scheduled has priority over primary 
firm intra-day nominations. As the Commission found in Order No. 587-G, 
its regulations provide only that firm intra-day nominations have 
priority over nominated and scheduled interruptible service. The 
Commission did not revise or change current pipeline tariffs with 
respect to the scheduling priority of firm primary and firm secondary 
transportation.16
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    \16\ Order No. 587-G, 63 FR at 20079; III FERC Stats. & Regs. 
Regulations Preambles at 30,673-74.
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    NGC contends that the Commission should revisit its determination 
in Order No. 587-G that the 6 p.m. intra-day nomination should take 
effect at 9 a.m. or, in the alternative, that shippers be given an 
overnight rescheduling opportunity. These policy issues were resolved 
in Order No. 587-G 17, which is pending rehearing. Such 
issues are not appropriately raised with respect to the standards 
adopted in this rule, which involve only the schedule for intra-day 
nominations.
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    \17\ 18 CFR 284.10(c)(1)(B) (intra-day nomination prior to gas 
flow will take effect at 9 a.m. CCT); Order No. 587-G, 63 FR at 
20079, III FERC Stats. & Regs. Regulations Preambles at 30,673 
(Commission will not require overnight rescheduling opportunity).
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3. Implementation Schedule for Intra-Day Nominations

    In Order No. 587-G, the Commission deferred implementation of its 
regulations relating to intra-day nominations, Sec. 284.10(c)(1)(i), 
until GISB developed, and the Commission adopted, implementing 
standards. This order adopts the necessary implementation standards, 
and the Commission is establishing a November 2, 1998 implementation 
date for the standards adopted in this order and Sec. 284.10(c)(1)(i) 
of the Commission regulations. Pipelines must file revised tariff 
sheets to implement these regulations not more than 60 and not less 
than 30 days prior to the November 2, 1998 implementation date.

4. Information Collection Statement

    OMB's regulations in 5 CFR 1320.11 require that it approve certain 
reporting and recordkeeping requirements (collections of information) 
imposed by an agency. Upon approval of a collection of information, OMB 
shall assign an OMB control number and an expiration date. Respondents 
subject to the filing requirements of this Rule shall not be penalized 
for failing to respond to these collections of information unless the 
collections of information display valid OMB control numbers.

[[Page 39513]]

    The collections of information related to the subject of this Final 
Rule fall under FERC-545, Gas Pipeline Rates: Rate Change (Non-Formal) 
(OMB Control No. 1902-0154) and FERC-549-C, Standards for Business 
Practices of Interstate Natural Gas Pipelines (OMB Control No. 1902-
0174). The following estimates of burden are related only to this rule 
and include only the costs of complying with GISB's new and revised 
standards relating to intra-day nominations. The burden estimates are 
primarily related to start-up and will not be on-going costs.
    Public Reporting Burden: (Estimated Annual Burden).

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                                                                     Number of       Estimated                  
                 Data collection                     Number of     responses per   burden hours    Total annual 
                                                    respondents     respondent     per response        hours    
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FERC-549C.......................................              93               1              45           4,185
FERC-545........................................              93               1              47           4,371
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    The total annual hours for collection (including recordkeeping) is 
estimated to be 8,556. The average annualized cost for all 93 
respondents is projected to be the following:

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                                                                     FERC-549C       FERC-545         Totals    
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Annualized Capital/Startup Costs................................        $220,252        $230,041        $450,293
Annualized Costs (Operations & Maintenance).....................               0               0               0
    Total Annualized Costs......................................        $220,252        $230,041        $450,293
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    The Commission regulations adopted in this order are necessary to 
further the process begun in Order No. 587 of standardizing business 
practices and electronic communications with interstate pipelines. 
Adoption of these regulations will provide shippers with increased 
options to change their scheduled gas quantities to reflect weather and 
other changed conditions and enable shippers to more efficiently 
transact business across multiple pipelines.
    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. The information required 
in this Final Rule will be reported directly to the industry users and 
later be subject to audit by the Commission. This information also will 
be retained for a three year period. The implementation of these data 
requirements will help the Commission carry out its responsibilities 
under the Natural Gas Act and conforms to the Commission's plan for 
efficient information collection, communication, and management within 
the natural gas industry.
    Interested persons may obtain information on the reporting 
requirements by contacting the Federal Energy Regulatory Commission, 
888 First Street, N.E., Washington, DC 20426 [Attention: Michael 
Miller, Information Services Division, 202-208-1415] or the Office of 
Management and Budget [Attention: Desk Officer for the Federal Energy 
Regulatory Commission 202-395-3087].

5. Environmental Analysis

    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.\18\ The Commission 
has categorically excluded certain actions from these requirements as 
not having a significant effect on the human environment.\19\ 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.\20\ Therefore, an environmental assessment 
is unnecessary and has not been prepared in this rulemaking.
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    \18\ Order No. 486, Regulations Implementing the National 
Environment Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs. Preambles 1986-1990 para. 30,783 (1987).
    \19\ 18 CFR 380.4.
    \20\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27).
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6. Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act of 1980 (RFA) \21\ generally 
requires a description and analysis of final rules that will have 
significant economic impact on a substantial number of small entities. 
The regulations adopted here impose requirements only on interstate 
pipelines, which are not small businesses, and, these requirements are, 
in fact, designed to reduce the difficulty of dealing with pipelines by 
all customers, including small businesses. Accordingly, pursuant to 
section 605(b) of the RFA, the Commission hereby certifies that the 
regulations proposed herein will not have a significant adverse impact 
on a substantial number of small entities.
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    \21\ 5 U.S.C. 601-612.
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7. Effective Date

    These regulations become effective August 24, 1998. The Commission 
has concluded, 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 251 of the Small Business 
Regulatory Enforcement Fairness Act of 1996.

List of Subjects in 18 CFR Part 284

    Continental shelf, Incorporation by reference, Natural gas, 
Reporting and recordkeeping requirements.

By the Commission.
David P. Boergers,
Acting Secretary.
    In consideration of the foregoing, the Commission amends Part 284, 
Chapter I, Title 18, Code of Federal Regulations, as set forth below.

PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE 
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES

    1. The authority citation for part 284 continues to read as 
follows:

    Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7532; 
43 U.S.C. 1331-1356.

    2. In section 284.10, paragraph (b)(1)(i) is revised to read as 
follows:


Sec. 284.10  Standards for Pipeline Business Operations and 
Communications.

* * * * *
    (b) * * *
    (1) * * *

[[Page 39514]]

    (i) Nominations Related Standards (Version 1.2, July 31, 1997), 
with the addition of standards 1.1.17 through 1.1.19, 1.2.8 through 
1.2.12, 1.3.39 through 1.3.44 (as approved March 12, 1998), the 
modification of standards 1.3.2, 1.3.20, 1.3.22, 1.3.32 (as approved 
March 12, 1998), and the deletion of standards 1.2.7, 1.3.10, and 
1.3.12;
* * * * *
[FR Doc. 98-19368 Filed 7-22-98; 8:45 am]
BILLING CODE 6717-01-P