[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20835-20838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07402]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC22-4-000]


Commission Information Collection Activities (FERC Form Nos. 6, 
6T, 6-Q, and 6-QT); Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collections and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction 
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission 
or FERC) is soliciting public comment on the currently approved 
information collections, FERC Form Nos. 6 and 6T (Annual Report of Oil 
Pipeline Companies) and 6-Q and 6-QT (Quarterly Report of Oil Pipeline 
Companies). The Commission published a 60-day notice in the Federal 
Register on November 18, 2021. The Commission received two comments.

DATES: Comments on collections of information are due May 9, 2022.

ADDRESSES: Send written comments on FERC Form Nos. 6, 6T, 6-Q, and 6-QT 
to the Office of Management and Budget (OMB) through www.reginfo.gov/public/do/PRAMain, Attention: Federal Energy Regulatory Commission Desk 
Officer. Please identify the OMB Control Number 1902-0022 (FERC Form 
No. 6), 1902-0206 (FERC Form No. 6-Q), 1902-0314 (FERC Form No. 6T), 
and/or 1902-0310 (FERC Form No. 6-QT) in the subject line. Your 
comments should be sent within 30 days of publication of this notice in 
the Federal Register. Please submit copies of your comments (identified 
by Docket No. IC22-4-000) to the Commission as noted below. Electronic 
filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable 
native applications and print-to-PDF, but not in scanned or picture 
format.
     For those unable to file electronically, comments may be 
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service only, addressed to: Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery to: Federal Energy 
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: OMB submissions must be formatted and filed in 
accordance with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the search function under the ``Currently Under Review 
field,'' select Federal Energy Regulatory Commission; click ``submit'' 
and select ``comment'' to the right of the subject collection. FERC 
submissions must be formatted and filed in accordance with submission 
guidelines at: http://www.ferc.gov. For user assistance, contact FERC 
Online Support by email at [email protected], or by phone at: 
(866) 208-3676 (toll-free).
    Docket: Users interested in receiving automatic notification of 
activity in this docket or in viewing/downloading comments and 
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at 
[email protected] and telephone at (202) 502-8663.

SUPPLEMENTARY INFORMATION: 
    Titles: FERC Form Nos. 6 and 6T (Annual Report of Oil Pipeline 
Companies), 6-Q and 6-QT (Quarterly Report of Oil Pipeline Companies).
    OMB Control Nos.: 1902-0022 (FERC Form No. 6), 1902-0206 (FERC Form 
No. 6-Q), 1902-0314 (FERC Form No. 6T), and 1902-0310 (FERC Form No. 6-
QT).
    Type of Respondent: Oil pipelines.
    Type of Request: Three-year extensions of FERC Form Nos. 6, 6T, 6-
Q, and 6-QT information collections with no changes to the current 
reporting and recordkeeping requirements.1 2 This

[[Page 20836]]

renewal incorporates the requirements and burden represented by the 6T 
and 6-QT into FERC Form Nos. 6 and 6Q, respectively. Staff anticipates 
that the Commission will seek to retire the 6T and 6-QT as duplicative 
after OMB decisions are made.
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    \1\ Due to expiration dates in 2019 for many of the Commission's 
financial forms, the renewal work for several of the forms was in 
process or pending at OMB during the 2019 Forms Refresh rulemaking 
effort in Docket No. RM19-12-000. OMB can only have one OMB Control 
No. pending review at a time. To submit the rulemaking timely to 
OMB, we assigned alternate ``temporary'' information collection 
numbers (FERC Form No. 6-T and FERC Form No. 6-QT). Accordingly, 
FERC Form Nos. 6T and 6-QT represent the additional burden 
associated with final rule in RM19-12-000. Revisions to the Filing 
Process for Comm'n Forms, Order No. 859, 84 FR 30620 (June 27, 
2019), 167 FERC ] 61,241 (2019).
    \2\ For purposes of this notice, unless otherwise stated, FERC 
Form Nos. 6 and 6T are collectively referred to as ``FERC Form No. 
6,'' and FERC Form Nos. 6Q and 6-QT are collectively referred to as 
``FERC Form No. 6Q.''
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    The Commission published a 60-day notice on November 18, 2021 in 
the Federal Register (86 FR 67052) and received comments from the 
Bureau of Economic Analysis (BEA) and XBRL US, Inc. (XBRL US).

FERC Form No. 6, Annual Report of Oil Pipeline Companies

    In 1977, the Department of Energy Organization Act transferred to 
the Commission from the Interstate Commerce Commission (ICC) the 
responsibility to regulate oil pipeline companies. In accordance with 
the transfer of authority, the Commission was delegated the 
responsibility to require oil pipelines to file annual reports of 
information necessary for the Commission to exercise its statutory 
responsibilities.\3\ The transfer included the ICC Form P, the 
predecessor to FERC Form No. 6.\4\
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    \3\ Section 402(b) of the Department of Energy Organization Act 
(DOE Act), 42 U.S.C. 7172 provides that; ``[t]here are hereby 
transferred to, and vested in, the Commission all functions and 
authority of the Interstate Commerce Commission or any officer or 
component of such Commission where the regulatory function 
establishes rates or charges for the transportation of oil by 
pipeline or established the valuation of any such pipeline.''
    \4\ The ICC developed the Form P to collect information on an 
annual basis to enable it to carry out its regulation of oil 
pipeline companies under the Interstate Commerce Act. A 
comprehensive review of the reporting requirements for oil pipeline 
companies was performed on September 21, 1982, when the Commission 
issued Order 260 revising the former ICC Form P, ``Annual Report of 
Carriers by Pipeline'' and redesignating it as FERC Form No. 6, 
``Annual Report of Oil Pipeline Companies''.
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    To reduce burden on industry, FERC Form No. 6 has three tiers of 
reporting requirements:
    1. Each oil pipeline carrier whose annual jurisdictional operating 
revenues has been $500,000 or more for each of the three previous 
calendar years must file FERC Form No. 6 (18 CFR 357.2 (a)). Oil 
pipeline companies subject to the provisions of section 20 of the ICA 
must submit FERC Form No. 6-Q (18 CFR 357.4(b)). Newly established 
entities must use projected data to determine whether FERC Form No. 6 
must be filed.
    2. Oil pipeline carriers exempt from filing FERC Form No. 6 whose 
annual jurisdictional operating revenues have been more than $350,000 
but less than $500,000 for each of the three previous calendar years 
must prepare and file page 301, ``Operating Revenue Accounts (Account 
600),'' and page 700, ``Annual Cost of Service Based Analysis 
Schedule,'' of FERC Form No. 6. When submitting pages 301 and 700, each 
exempt oil pipeline carrier must include page 1 of FERC Form No. 6, the 
Identification and Attestation schedule (18 CFR 357.2 (a)(2)).
    3. Oil pipeline carriers exempt from filing FERC Form No. 6 and 
page 301 and whose annual jurisdictional operating revenues were 
$350,000 or less for each of the three previous calendar years must 
prepare and file page 700, ``Annual Cost of Service Based Analysis 
Schedule,'' of FERC Form No. 6. When submitting page 700, each exempt 
oil pipeline carrier must include page 1 of FERC Form No. 6, the 
Identification and Attestation schedule (18 CFR 357.2 (a)(3)).
    The Commission uses the data in FERC Form Nos. 6 and 6-Q to perform 
audits and to review the financial condition of oil pipelines; assess 
energy markets; conduct oil pipeline rate proceedings and economic 
analysis; conduct research for use in administrative litigation; and 
administer the requirements of the ICA. Data from FERC Form No. 6 
facilitates the calculation of the actual rate of return on equity for 
oil pipelines. The actual rate of return on equity is particularly 
useful information when evaluating a pipeline's rates.
    The Commission also uses data on page 301 of FERC Form No. 6 to 
compute annual charges which are then assessed against oil pipeline 
companies to recover the Commission's annual costs as mandated by Order 
No. 472. The annual charges are required by Section 3401 of the Omnibus 
Budget Reconciliation Act of 1986.
    Furthermore, the majority of state regulatory commissions use FERC 
Form Nos. 6 and 6-Q and the Commission's Uniform System of Accounts 
(USofA) to satisfy their reporting requirements for those companies 
under their jurisdiction. In addition, the public uses the data in FERC 
Form Nos. 6 and 6-Q to assist in monitoring rates, the financial 
condition of the oil pipeline industry, and in assessing energy 
markets.

FERC Form No. 6-Q, Quarterly Financial Report of Oil Pipeline Companies

    The Commission uses the information collected in FERC Form No. 6-Q 
to carry out its responsibilities in implementing the statutory 
provisions of the ICA to include the authority to prescribe rules and 
regulations concerning accounts, records, and memoranda, as necessary 
or appropriate. Financial accounting and reporting provide necessary 
information concerning a company's past performance and its future 
prospects. Without reliable financial statements prepared in accordance 
with the Commission's USofA and related regulations, it would be 
difficult for the Commission to accurately determine the costs that 
relate to a particular time period, service, or line of business.
    The Commission uses data from FERC Form No. 6-Q to assist in: (1) 
Implementation of its financial audits and programs; (2) continuous 
review of the financial condition of regulated companies; (3) 
assessment of energy markets; and (4) rate proceedings and economic 
analyses.
    Financial information reported on the quarterly FERC Form No. 6-Q 
provides the Commission, as well as customers, investors and others, an 
important tool to help identify emerging trends and issues affecting 
jurisdictional entities within the energy industry. It also provides 
timely disclosures of the impacts that new accounting standards, or 
changes in existing standards, have on jurisdictional entities, as well 
as the economic effects of significant transactions, events, and 
circumstances. The reporting of this information by jurisdictional 
entities assists the Commission in its analysis of profitability, 
efficiency, risk, and in its overall monitoring.

XBRL, Order No. 859, and FERC Form Nos. 6 and 6-Q

    Previously, FERC Form Nos. 6 and 6-Q filers would transmit the 
information in the forms to the Commission using a software application 
called Visual FoxPro (VFP). This application is no longer supported by 
its developer, Microsoft Corporation. As a result, in April 2015, the 
Commission issued an order announcing its intention to replace the VFP 
filing format for certain

[[Page 20837]]

Commission forms (including FERC Form Nos. 6 and 6-Q) with an 
eXtensible Markup Language (XML)-based filing format. On June 20, 2019, 
the Commission issued Order No. 859, which adopted XBRL as the standard 
for filing FERC Form Nos. 6 and 6-Q and certain other Commission 
forms.\5\
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    \5\ Revisions to the Filing Process for Comm'n Forms, Order No. 
859, 167 FERC ] 61,241 (2019).
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FERC Form Nos. 6 and 6-Q

Estimates of Annual Burden \6\ and Cost: \7\
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    \6\ ``Burden'' is the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose, or 
provide information to or for a Federal agency. For further 
explanation of what is included in the information collection 
burden, refer to 5 CFR 1320.3. The burden hours and costs are 
rounded for ease of presentation.
    \7\ The cost is based on FERC's 2021 Commission-wide average 
salary cost (salary plus benefits) of $87.00/hour. The Commission 
staff believes the FERC FTE (full-time equivalent) average cost for 
wages plus benefits is representative of the corresponding cost for 
the industry respondents.

                                    Form 6 (OMB Control No. 1902-0022) Including Form 6-T (OMB Control No. 1902-0314)
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                                                                 Average annual                       Average annual     Total average
                                                   Number of        number of      Total number of    burden (hrs.) &    annual burden       Cost per
                 Requirements                     respondents     responses per       responses          cost per        (hrs.) & total   respondent ($)
                                                                   respondent                          response ($)     annual cost ($)
                                                             1                 2    (1) * (2) = (3)                 4    (3) * (4) = (5)       (5) / (1)
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Form 6........................................             262                 1                262               161             42,182         $14,007
                                                                                                              $14,007         $3,669,834
Form 6-T......................................             262                 1                262                14              3,668           1,218
                                                                                                               $1,218           $319,116
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    Total (includes both Form 6 and Form 6-T).  ..............  ................  .................  ................             45,850          15,225
                                                                                                                              $3,988,950
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                                   Form 6Q (OMB Control No. 1902-0206) Including Form 6-QT (OMB Control No. 1902-0310)
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                                                                 Average annual                       Average annual     Total average
                                                   Number of        number of      Total number of    burden (hrs.) &    annual burden       Cost per
                 Requirements                     respondents     responses per       responses          cost per        (hrs.) & total   respondent ($)
                                                                   respondent                          response  ($)    annual cost ($)
                                                             1                 2    (1) * (2) = (3)                 4    (3) * (4) = (5)       (5) / (1)
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Form 6Q.......................................             262                 3                786               150            117,900         $39,150
                                                                                                              $13,050        $10,257,300
Form 6-QT.....................................             262                 3               7786                 0                  0               0
                                                                                                                   $0                 $0
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    Total (includes both Form 6Q and Form 6-    ..............  ................  .................  ................             17,900          39,150
     QT)......................................                                                                               $10,257,300
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    The quarterly filings are generally a subset of the annual filings. 
For this reason, the XBRL burden (``6-QT'') hours are ``0'' because the 
burden associated with the 6-QT is already incorporated into other 
burden numbers for FERC Form No. 6-T.

60-Day Comments

Comments

    BEA Comments: BEA supports the collection of the FERC Form Nos. 6 
and 6-Q data and comments that it is interested in any modifications 
that are made to the forms. BEA explains that it uses data from FERC 
Form Nos. 6 and 6-Q indirectly in estimating the U.S. Census Bureau's 
Construction Value Put in Place (VPIP) for oil pipeline utilities. BEA 
further explains that census VPIP serves a major source data input to 
the national income and product account (NIPA) structures investment 
estimates. BEA states that NIPA estimates for electric, gas, and 
pipeline structures rely on the VPIP source data, and that estimates of 
utility industry structures investiment for the BEA fixed assests 
accounts relies upon the VIP-based NIPA structures estimates.
    BEA points out that the FERC Form No. 6 is used indirectly to 
derive annual pipeline transportation output in the industry accounts 
program. Moreover, BEA highlights that data obtained by the industry 
accounts from the Association of Oil Pipelines ``Shifts in Petroleum 
Transportation'' report is based, in part, on this survey. Finally, BEA 
indicates that it currently uses the forms information indirectly 
through the VPIP program and the trade association, and is considered 
an indispensable data source to the NIPA estimates and industry account 
estimates.
    FERC Response: The Commission finds BEA's comments regarding the 
usefulness of the Form Nos. 6 and 6-Q to be helpful. With respect to 
BEA's concerns about modifications to the forms, the Commission 
generally does not make any changes to the data collected in the 
financial forms without first offering a public process by which 
interested parties, like BEA, may comment on any proposals to change 
the collection.
    XBRL US Comment: XBRL US supports the current requirements that the 
FERC Form Nos. 6 and 6-Q be prepared in XBRL format. XBRL US explains 
that the requirement for XBRL-structured data ensures that the forms 
data is machine-readable data, which XBRL US believes improves the 
ability of the Commission to perform audits and reviews, and conduct 
research. XBRL US further comments that the use of XBRL also enhances 
the usefulness of the data for the public who rely on FERC data to 
monitor rates as well as

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the financial condition of the oil pipeline industry and the energy 
markets.
    FERC Response: The Commission recognizes XBRL US's support for the 
requirement that filers prepare the FERC Form Nos. 6 and 6-Q in XBRL 
format.
    Abstract: Under the Interstate Commerce Act (ICA),\8\ the 
Commission is authorized and empowered to make investigations and to 
collect and record data to the extent the Commission may consider to be 
necessary or useful for the purpose of carrying out the provisions of 
the ICA. The Commission must ensure just and reasonable rates for 
transportation of crude oil and petroleum products by pipelines in 
interstate commerce.
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    \8\ 49 U.S.C. part 1, Sec.  20, 54 Stat. 916.
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30-Day Comments

    Comments: Comments are invited on: (1) Whether the collections of 
information are 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 estimates of the 
burden and cost of information collections, including the validity of 
the methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information collections; 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.

    Dated: April 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-07402 Filed 4-7-22; 8:45 am]
BILLING CODE 6717-01-P