[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Proposed Rules]
[Pages 49580-49590]
[FR Doc No: 2016-17841]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 2 and 38

[Docket No. RM05-5-025]

Standards for Business Practices and Communication Protocols for
Public Utilities

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to incorporate by reference the latest version (Version 003.1) of
certain Standards for Business Practices and Communication Protocols
for Public Utilities adopted by the Wholesale Electric Quadrant (WEQ)
of the North American Energy Standards Board (NAESB). These standards
mainly modify and update NAESB's WEQ Version 003 Standards. The
Commission also proposes to revise its regulations to incorporate
NAESB's updated Smart Grid Business Practice Standards in the
Commission's General Policy and Interpretations.

DATES: Comments are due September 26, 2016.

ADDRESSES: Comments, identified by Docket No. RM05-5-025, 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:
Michael P. Lee (technical issues), Office of Energy Policy and
Innovation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER>.

Gary D. Cohen (legal issues), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

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                                                             Paragraph
                                                              numbers
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I. Background...........................................               6
II. Discussion..........................................              17
  A. Revisions to WEQ OASIS Business Practice Standards               18
   in Light of Commission Policies......................
  1. Overview...........................................              18
  2. Redirects from Conditional Parent Reservations.....              19
  3. Requirement to Post ATC Narrative within One Day...              26
  4. SAMTS Point-to-Point Treatment.....................              28
  5. Clarification of Discretion of Transmission                      30
   Providers to Deny Service Requests under Standard WEQ-
   001-106.2.5..........................................
  6. Modifications to Allow a Transmission Provider to                32
   Extend the Time to Perform its Biennial Reassessment.
  7. Industry-Wide Mechanism for Consistent Posting of                34
   AFC-Related Data.....................................
  8. Use of DUNS Numbers................................              36
  B. Revised and New Standards Designed to Complement                 38
   NERC Reliability Standards and Developments..........
  1. NERC Compliance Registry...........................              38
  2. Electric Industry Registry Standards...............              39
  3. WEQ-023 Modeling Business Practice Standards.......              41
  C. Revisions to WEQ Business Practice Standards Not                 43
   Requested by Commission or Developed to Comply with a
   Commission Directive.................................
  1. Proper Method to Post Off-OASIS Resale Transactions              44
  2. Unmasking of Final State Source and Sink Requests..              46
  3. Modifications to Smart Grid Standards..............              48
  4. Modification to Standards on Abbreviations,                      51
   Acronyms and Definitions of Terms....................
  5. Public Key Infrastructure-Related Standards........              53
  D. Implementation.....................................              56
III. Notice of Use of Voluntary Consensus Standards.....              57
IV. Incorporation By Reference..........................              59
V. Information Collection Statement.....................              62
VI. Environmental Analysis..............................              69
VII. Regulatory Flexibility Act Certification...........              70
VIII. Comment Procedures................................              74
IX. Document Availability...............................              78
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    1. In this notice of proposed rulemaking (NOPR), the Federal Energy
Regulatory Commission (Commission) proposes to amend its regulations
under the Federal Power Act \1\ to incorporate by reference the latest
version of certain Standards for Business Practices and Communication
Protocols for Public Utilities (Version 003.1) adopted by the Wholesale
Electric Quadrant (WEQ) of the North American Energy Standards Board
(NAESB) and filed with the Commission on October 26, 2015 (October 26
Filing). We also propose to list informationally, as guidance, NAESB's
updated Smart Grid Business Practice Standards in Standard WEQ-019. In
addition, as explained further below, there are several NAESB standards
included in the WEQ Version 003.1 package of standards that we are not
proposing in this NOPR to incorporate by reference.
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    \1\ 16 U.S.C. 791a, et seq.
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    2. These revised NAESB standards update earlier versions of these
standards that the Commission previously incorporated by reference into
its regulations at 18 CFR 38.1 in

Order Nos. 676-E,\2\ 676-H,\3\ 764,\4\ and 890.\5\ In addition, NAESB
developed two new suites of standards in coordination with the North
American Electric Reliability Corporation (NERC) (the Commission-
certified ``electric reliability organization'' responsible for
developing and enforcing mandatory Reliability Standards).\6\ These two
NAESB proposals would establish: (1) NAESB Electric Industry Registry
(EIR) business practice standards that replace the NERC Transmission
System Information Networks (TSIN) as the tool to be used by wholesale
electric markets to conduct electronic transactions via electronic
tagging (e-Tags); and (2) Modeling Business Practice Standards to
support and complement NERC's proposed retirement of its ``MOD A''
Reliability Standards.\7\
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    \2\ Standards for Business Practices and Communication Protocols
for Public Utilities, Order No. 676-E, 74 FR 63288 (Dec. 3, 2009),
FERC Stats. & Regs. ] 31,299 (2009).
    \3\ Standards for Business Practices and Communication Protocols
for Public Utilities, Order No. 676-H, 79 FR 56939 (Sept. 24, 2014),
FERC Stats. & Regs. ] 31,359, at n.81 (2014), corrected, 149 FERC ]
61,014 (2014).
    \4\ Integration of Variable Energy Resources, Order No. 764, 77
FR 41,482 (July 13, 2012), FERC Stats. & Regs. ] 31,331 (2012).
    \5\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, 72 FR 12266 (Mar. 15, 2007),
FERC Stats. & Regs. ] 31,241 (2007).
    \6\ NERC is the Commission-certified ``electric reliability
organization'' responsible for developing and enforcing mandatory
Reliability Standards. See section 215 of the Federal Power Act, 16
U.S.C. 824o (2012).
    \7\ In a February 19, 2014 petition, NERC proposed to retire
Reliability Standards MOD-001-1a, MOD-004-1, MOD-008-1, MOD-028-2,
MOD-029-1a, and MOD-030-2 and requested approval of new Reliability
Standard MOD-001-2. Generally, the ``MOD'' series of NERC
Reliability Standards pertain to transmission system modeling. The
Commission issued a NOPR in Docket No. RM14-7-000 that addressed
NERC's proposal, and the matter is currently pending before the
Commission. Modeling, Data, and Analysis Reliability Standards,
Notice of Proposed Rulemaking, 79 FR 36269 (June 26, 2014), 147 FERC
] 61,208 (2014) (MOD NOPR).
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    3. NAESB's WEQ Version 003.1 Business Practice Standards include
modifications to the following set of existing standards: \8\
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    \8\ On October 26, 2015, NAESB filed a report with the
Commission (previously referenced as the October 26 Filing)
presenting all the modifications it has made to the WEQ Version 003
Business Practice Standards since those standards were incorporated
by reference by the Commission in 2014 in Order No. 676-H, as well
as two new suites of standards that it has developed, which are
further described below in P 12.

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                  WEQ                      Business practice standards
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000....................................  Abbreviations, Acronyms, and
                                          Definition of Terms.
001....................................  Open Access Same-Time
                                          Information System (OASIS).
002....................................  OASIS Standards and
                                          Communication Protocols
                                          (S&CP).
003....................................  OASIS S&CP Data Dictionaries.
004....................................  Coordinate Interchange.
006....................................  Manual Time Error Corrections.
012....................................  Public Key Infrastructure
                                          (PKI).
013....................................  OASIS Implementation Guide.
019....................................  Customer Energy Usage
                                          Information Communication.
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    4. Additionally, the Version 003.1 standards include two new suites
of standards:

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             WEQ                      Business practice standards
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022..........................  Electric Industry Registry (EIR).
023..........................  Modeling.
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    5. These NAESB standards, developed through the NAESB standards
development process or the NAESB minor correction process, build upon
the Version 003 WEQ Business Practice Standards that NAESB filed with
the Commission on September 18, 2012 and that the Commission
incorporated by reference into its regulations in Order No. 676-H, a
final rule issued by the Commission on September 18, 2014.\9\
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    \9\ See supra n.3.
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I. Background

    6. NAESB is a non-profit standards development organization
established in late 2001 (as the successor to the Gas Industry
Standards Board (GISB), which was established in 1994) and serves as an
industry forum for the development of business practice standards and
communication protocols for the wholesale and retail natural gas and
electricity industry sectors. Since 1995, NAESB and its predecessor,
the GISB, have been accredited members of the American National
Standards Institute (ANSI), complying with ANSI's requirements that its
standards reflect a consensus of the affected industries.\10\
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    \10\ Prior to the establishment of NAESB in 2001, the
Commission's development of business practice standards for the
wholesale electric industry was aided by two ad hoc industry working
groups established during the rulemaking proceeding that resulted in
issuance of Order No. 889 and the creation of the OASIS, while
GISB's efforts involved the development of business practice
standards for the wholesale natural gas industry. Once formally
established, NAESB took over the standards development previously
handled by GISB and by the electric working groups.
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    7. NAESB's standards include business practices intended to
standardize and streamline the transactional processes of the natural
gas and electric industries, as well as communication protocols and
related standards designed to improve the efficiency of communication
within each industry. NAESB supports all three quadrants of the gas and
electric industries--wholesale gas, wholesale electric, and retail
markets quadrant.\11\ All participants in the gas and electric
industries are eligible to join NAESB and participate in standards
development.
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    \11\ The retail gas quadrant and the retail electric quadrant
were combined into the retail markets quadrant. NAESB continues to
refer to these working groups as ``quadrants'' even though there are
now only three quadrants.
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    8. NAESB develops its standards under a consensus process so that
the standards draw support from a wide range of industry members.
NAESB's procedures are designed to ensure that all persons choosing to
participate can have input into the development of a standard,
regardless of whether they are members of NAESB, and each standard
NAESB adopts is supported by a consensus of the relevant industry
segments. Standards that fail to gain consensus support are not
adopted. NAESB's consistent practice has been to submit a report to the
Commission after it has made revisions to existing business practice
standards or has developed and adopted new business practice standards.
NAESB's standards are voluntary standards, which become mandatory for
public utilities upon incorporation by reference by the Commission.
    9. In Order No. 676,\12\ the Commission not only incorporated by
reference into its regulations business practice standards and
communication protocols

for the wholesale electric industry, it also established a formal
ongoing process for reviewing and upgrading the Commission's OASIS
standards and other wholesale electric industry business practice
standards. In later orders in this series, the Commission incorporated
by reference revisions to these standards.\13\
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    \12\ Standards for Business Practices and Communication
Protocols for Public Utilities, Order No. 676, FERC Stats. & Regs. ]
31,216 (2006).
    \13\ Standards for Business Practices and Communication
Protocols for Public Utilities, Order No. 676-C, FERC Stats. & Regs.
] 31,274, reh'g denied, Order No. 676-D, 124 FERC ] 61,317 (2008);
See supra n.2; Standards for Business Practices and Communication
Protocols for Public Utilities, Order No. 676-F, FERC Stats. & Regs.
] 31,309 (2010); Standards for Business Practices and Communication
Protocols for Public Utilities, Order No. 676-G, 78 FR 14654 (Mar.
7, 2013), FERC Stats. & Regs. ] 31,343 (2013); See supra n.3.
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    10. The WEQ Version 003.1 Business Practice Standards include six
OASIS-related standards \14\ that NAESB modified in response to
directives and guidance provided in Order Nos. 676-E, 676-H, and 890.
Specifically, in response to the Commission's guidance in Order No.
676-E, NAESB modified its OASIS standards to explicitly permit a
transmission provider to extend the performance of the biennial
assessment. In response to the Commission's guidance in Order No. 676-
H, NAESB made four modifications to the OASIS suite of standards
regarding: (1) The treatment of redirects for transmission service from
conditional parent reservations; (2) the one-day requirement for the
posting of Available Transfer Capability (ATC) Narratives; (3) the
treatment of point-to-point reservations under Service Across Multiple
Transmission Systems (SAMTS); and (4) the clarification of the
requirements under which a transmission provider may deny a request to
terminate service. To implement Commission guidance in Order No. 890,
NAESB modified standards to allow for the consistent posting of
Available Flowgate Capability (AFC) related data on OASIS sites.
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    \14\ The OASIS suite of standards is used collectively by NAESB
to reference four business practice standards: WEQ-001 Open Access
Same-Time Information System (OASIS); WEQ-002 OASIS Standards and
Communication Protocols (S&CP); WEQ-003 OASIS S&CP Data
Dictionaries; and WEQ-013 OASIS Implementation Guide.
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    11. In addition, as part of the standards development process,
NAESB made two additional revisions to the OASIS suite of standards
that were not made in response to Commission orders. First, NAESB
modified WEQ-001 and WEQ-013 to require resellers to enter off-OASIS
resale transactions into OASIS sites in the ``accepted'' status to
provide the assignee of the resale the opportunity to confirm the
transaction on the OASIS. Second, NAESB revised WEQ-002-<IP_ADDRESS> to
allow for the unmasking of the source and sink of a request for
transmission when that request is moved to any final state.
    12. NAESB has adopted certain new and revised WEQ Version 003.1
Business Practice Standards based on developments involving NERC.
First, NAESB developed the WEQ-022 Electric Industry Registry (EIR)
Business Practice Standards to complement the transfer of registry
functions from the NERC TSIN to the NAESB EIR. The EIR database serves
as a central repository of information required for commercial
interactions, including electronic transactions via e-Tags. Second,
NAESB developed the WEQ-023 Modeling Business Practice Standards in
response to a NERC petition to delete and retire the six ``MOD A''
Reliability Standards. As mentioned above, NERC filed a petition with
the Commission on February 10, 2014 proposing to retire NERC's six MOD
A Reliability Standards and replace them with Reliability Standard MOD-
001-2, which NERC states will focus exclusively on the reliability
aspects of ATC and AFC.\15\ On February 7, 2014, NERC submitted a
request to NAESB (Standards Request 14002) \16\ asking NAESB to
consider adopting standards that address the commercial and business
aspects of the MOD standards proposed for retirement. NAESB
subsequently developed the WEQ-023 Business Practice Standards to
support and complement the proposed retirement of the MOD A Reliability
Standards. The WEQ-023 Business Practice Standard specifies the
requirements for calculating ATC and AFC and supports the task of
reporting on the commercial aspects of these calculations.\17\
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    \15\ As mentioned above, NERC proposes to retire Reliability
Standards MOD-001-1a, MOD-004-1, MOD-008-1, MOD-028-2, MOD-029-1a,
and MOD-030-2.
    \16\ https://www.naesb.org/pdf4/r140.
    \17\ These terms are defined in WEQ-000-1.
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    13. Third, NAESB has adopted revisions to NAESB standards that need
to match up with NERC's Interchange Scheduling and Coordination (INT)
Reliability Standards. In this regard, NAESB modified certain WEQ-000
and WEQ-004 Business Practice Standards to complement NERC's proposal
to modify the INT Reliability Standards, including removal of the Load
Serving Entity (LSE) category as one of the functional registration
categories in the NERC Compliance Registry.\18\
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    \18\ NAESB October 26 Filing at 3.
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    14. NAESB also includes as part of its Version 003.1 Business
Practice Standards additional non-OASIS standards modifications to WEQ
Version 003.1 that it made in the course of normal standards
development. In Order No. 764, the Commission required transmission
providers to provide for the scheduling of interchange in 15-minute
intervals. In response, NAESB made two changes to the WEQ-004
Coordinate Interchange Business Practice Standards. NAESB also modified
WEQ-019 to ensure consistency between WEQ Business Practice Standards
and other standards organizations' standards. Additionally, NAESB
modified WEQ-000 to harmonize definitions with NAESB Retail Market
Quadrant efforts.
    15. In Order 676-H, the Commission incorporated by reference WEQ
Business Practice Standards to support Public Key Infrastructure (PKI).
The WEQ Version 003.1 Business Practice Standards include additional
PKI modifications to WEQ-002, WEQ-004, and WEQ-012 to support the NAESB
Authorized Certification Authority (Certification Authority)
Certification Program and to account for technological advances.
    16. NAESB also has in place a process to make necessary minor
corrections to its standards, when needed. The WEQ Version 003.1
Business Practice Standards include seven new minor corrections made by
NAESB.\19\
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    \19\ These corrections are identified and explained in the
October 26 Filing.
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II. Discussion

    17. As discussed below, with certain enumerated exceptions, we
propose to incorporate by reference (into the Commission's regulations
at 18 CFR 38.1(b)) the NAESB WEQ Version 003.1 Business Practice
Standards.\20\ The Version 003.1 standards will replace the Version 003
standards currently incorporated by reference into the Commission's
regulations. Where we have proposed in this NOPR to incorporate a NAESB
Business Practice

Standard by reference into the Commission's regulations, this has been
based on a preliminary determination that the standard at issue is
consistent with the Commission's findings in Order No. 676-H and does
not appear inconsistent with any Commission directives or findings in
other orders.
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    \20\ Consistent with our past practice, we do not propose to
incorporate by reference into the Commission's regulations the
following standards: Standards of Conduct for Electric Transmission
Providers (WEQ-009); Contracts Related Standards (WEQ-010); and WEQ/
WGQ eTariff Related Standards (WEQ-014). We also do not propose to
incorporate by reference at this time the WEQ-023 Modeling Business
Practice Standards. We do not propose to incorporate by reference
standard WEQ-009 because it contains no substantive standards and
merely serves as a placeholder for future standards. We do not
propose to incorporate by reference standard WEQ-010 because this
standard contains an optional NAESB contract regarding funds
transfers and the Commission does not require utilities to use such
contracts. Moreover, as discussed more specifically in the section
below on Redirects from Conditional Parent Reservations, we do not
propose in this NOPR to incorporate by reference certain portions of
WEQ-001.
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A. Revisions to WEQ OASIS Business Practice Standards in Light of
Commission Policies

1. Overview
    18. The NAESB WEQ Version 003.1 Business Practice Standards contain
six modifications to the OASIS suite of standards that NAESB developed
to ensure consistency with certain policies articulated by the
Commission in Order Nos. 676-H, 676-E, and 890. NAESB states that four
of the six modifications align the OASIS suite of standards with
guidance provided by the Commission in Order No. 676-H concerning the
treatment of redirects for transmission service from conditional parent
reservations, the one-day requirement for the posting of ATC
Narratives, the treatment of point-to-point reservations under SAMTS,
and new clarification of the requirements under which a transmission
provider may deny a request to terminate service. In response to a
directive in Order No. 676-E, NAESB also modified standards to
explicitly permit a transmission provider to extend the performance of
the biennial reassessment. Additionally, to implement the Commission's
guidance provided in Order No. 890, NAESB modified pertinent standards
to allow for the consistent posting of AFC-related data on OASIS sites.
2. Redirects From Conditional Parent Reservations
    19. In Order No. 676-H, the Commission declined to incorporate by
reference NAESB Standards WEQ-001-9.5 and WEQ-001-10.5. The Version
003.0 WEQ-001-9.5 stated that, ``upon confirmation of the request to
Redirect on a firm basis, the Capacity Available to Redirect shall be
reduced by the amount of the redirected capacity granted for the time
period of that Redirect.'' The Version 003.0 WEQ-001-10.5 contained
nearly identical language relating to the confirmation of requests to
redirect on a non-firm basis. The Commission explained that it found
both of these standards inconsistent with the Commission's precedent in
Dynegy Power Marketing, Inc.\21\ and Entergy Services, Inc.\22\ With
regard to Standard WEQ-001-9.5, the Commission explained that, ``as we
found in these orders, reducing the capacity available to redirect
prior to the passage of the conditional reservation deadline could lead
to a customer paying firm transmission charges and losing capacity on
both its original path and its redirect path.'' \23\ The Commission
further explained that the Dynegy policy ``effects a reasonable
balancing of interests between the customer and the transmission owner
by ensuring that the customer does not potentially lose rights to
capacity, while at the same time still permitting the transmission
owner to sell available capacity on a short term basis until the
redirect becomes unconditional.'' The Commission also found that
Standard WEQ-001-10.5 raised similar concerns regarding the
confirmation of requests to redirect on a non-firm basis and also
declined to incorporate by reference Standard WEQ-001-10.5 and
requested that NAESB, likewise, give consideration to reworking this
standard.
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    \21\ 99 FERC ] 61,054, at P 9 (2002) (Dynegy).
    \22\ 143 FERC ] 61,143, at P 25 & n.68 (2013) (Entergy).
    \23\ Id. P 47.
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    20. As the Commission stated in Entergy,\24\ our guiding precedent
on the issue of when a customer requesting redirect loses rights on the
original path was set in Dynegy.\25\ In Dynegy, the Commission found
that a transmission customer receiving firm transmission service does
not lose its rights to its original path until the redirect request
satisfies all of the following criteria: (1) It is accepted by the
transmission provider; (2) it is confirmed by the transmission
customer; and (3) it passes the conditional reservation deadline under
section 13.2 of its Open Access Transmission Tariff.
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    \24\ Id. P 25 & n.68.
    \25\ Dynegy, 99 FERC ] 61,054 at P 9.
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    21. Having NAESB revise its standards to accommodate the
Commission's policy in this area will help avoid confusion by public
utilities as to their responsibilities under the Commission's policy
and under the NAESB standards. The Commission's concern in Dynegy and
Entergy was that a redirecting customer would lose its rights to the
unconditional parent path and be left with no transmission service
during the redirect period if the requested redirect was preempted by a
competing service request.
    22. We appreciate the extensive work that NAESB and its stakeholder
have undertaken in response to our directive in Order 676-H. NAESB has
reached consensus on standards relating to redirects related to
unconditional parent reservations, and we propose to incorporate those
standards by reference into our regulations.
    23. NAESB reports, however, that it was unsure whether and to what
extent the Dynegy policy applies to conditional parent reservations and
non-firm service, and no consensus could be reached with respect to
such standards. It therefore adopted a standard (WEQ-001-9.5) that
allows individual transmission providers to craft provisions in their
individual tariffs for how they will address redirects of requests for
firm transmission service, rather than having an industry-wide business
practice for such transactions. Because it could not reach consensus on
these issues, the standards also do not prescribe when a public utility
must reduce uncommitted capacity to account for redirects. NAESB also
adopted a similar rewrite of the standard (WEQ-001-10.5) on redirects
on a non-firm basis.
    24. The concern about the negative effects of the potential loss of
the customer's parent path when the parent reservation is conditional
and subject to competition arguably is much less compelling than when
the parent reservation is unconditional. While Dynegy carved out an
exception for unconditional parent reservations, the Commission has not
explicitly ruled on whether Dynegy applies to conditional parent
reservations, and such an extension may go beyond the policy concern
with losing firm service articulated in Entergy.
    25. We, therefore, invite comment on whether the Commission should
apply the Dynegy policy to conditional and non-firm redirects. Parties
also should address the four redirect-related issues on which
stakeholders have been unable to reach consensus. These are: (1) The
treatment of a firm redirect for transmission service following the
preemption of the conditional parent reservation; (2) the circumstances
under which a firm redirect for transmission service may return to the
conditional parent reservation; (3) the number of subsequent firm
redirects for transmission service that can stem from the original firm
redirect for transmission service; and (4) the proper treatment of
requests to redirect requests for non-firm transmission service. Based
on these responses, the Commission will consider whether it will adopt
regulations regarding redirects from conditional parent reservations
and non-firm service.
3. Requirement To Post ATC Narrative Within One Day
    26. NAESB developed Standard WEQ-001-14 to meet the requirement

in Order No. 890 for transmission providers to post a narrative in
instances when ATC remains unchanged at a value of zero for six months
or longer. In addition, Standard WEQ-001-15 requires transmission
providers to post a brief narrative that explains the reason for a
change in monthly or yearly ATC values on a constrained path when a
monthly or yearly ATC value changes as a result of a 10 percent change
in total transfer capability. In Order No. 676-H, the Commission
declined to incorporate by reference Standards WEQ-001-14.1.3 and WEQ-
011-15.1.2 after determining that these standards did not meet the
Commission's requirement to post the ATC narrative as soon as
feasible.\26\ The Commission requested that NAESB ``revise these
standards to provide for a one-day posting requirement.'' \27\ In
response, NAESB modified Standards WEQ-001-14.1.3 and WEQ-011-15.1.2
and adopted business practice standards to support the one-day posting
requirement.
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    \26\ Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 39.
    \27\ Id. P 29.
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    27. NAESB's revised standards appear consistent with our findings
in Order No. 676-H and do not appear inconsistent with any Commission
directives or findings in other orders. Moreover, as we explained
above,\28\ below,\29\ and in previous orders, the NAESB standards are
developed in an open consensus process that assures that the standards
draw support from a wide range of industry members before being
developed and adopted. Accordingly, we propose to incorporate by
reference, into the Commission's regulations at 18 CFR 38.1, NAESB's
revised standards on the timing of the required posting of ATC
narratives, as set forth in NAESB's WEQ Version 003.1 Business Practice
Standards.
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    \28\ See supra P 8.
    \29\ See infra P 57.
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4. SAMTS Point-to-Point Treatment
    28. The NAESB SAMTS business practice standards that the Commission
incorporated by reference in Order No. 676-H were developed in response
to a Commission finding in Order No. 890 requesting that NAESB develop
business practice standards in this area.\30\ In Order No. 676-H, the
Commission found reasonable a NAESB request to treat a conditional
point-to-point reservation included in a coordinated group displaced
through preemption as comparable to a reservation being superseded as a
result of preemption.\31\ NAESB therefore includes in the Version 003.1
standards modifications to the SAMTS-related standards to permit a
customer with preempted transmission capacity from a reservation
associated with a coordinated group to alter (reduce or terminate) the
capacity of coordinate requests in the coordinated group.
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    \30\ Order No. 890, FERC Stats. & Regs. ] 31,241 at P 1377.
    \31\ Order No. 676-H, FERC Stats. & Regs. ] 31,359 at P 65.
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    29. The Commission finds that NAESB's revised standards are
consistent with our findings in Order No. 676-H and do not appear
inconsistent with any Commission directives or findings in other
orders. Accordingly, we propose to incorporate by reference, into the
Commission's regulations at 18 CFR 38.1, NAESB's revised standards on
SAMTS-Related standards as set forth in the WEQ Version 003.1 Business
Practice Standards.
5. Clarification of Discretion of Transmission Providers To Deny
Service Requests Under Standard WEQ-001-106.2.5
    30. In Order No. 676-H, the Commission declined to incorporate by
reference Standard WEQ-001-106.2.5, explaining that the standard was
``unclear in its application and could be read to allow Transmission
Providers discretion to deny requests to terminate service in
situations where this might not be warranted.'' \32\ In response, NAESB
modified Standard WEQ-001-106.2.1, added Standard WEQ-001-<IP_ADDRESS>,
and deleted Standard WEQ-001-106.2.5. Together, these revised standards
clarify that a transmission customer should submit an accurate
termination request and, if the transmission customer fails to do so,
the transmission provider may deny the request.
---------------------------------------------------------------------------

    \32\ Id. P 58.
---------------------------------------------------------------------------

    31. NAESB's revised standards appear consistent with our findings
in Order No. 676-H and do not appear inconsistent with any Commission
directives or findings in other orders. Accordingly, we propose to
incorporate by reference, into the Commission's regulations at 18 CFR
38.1, NAESB's revised Standards WEQ-WEQ-001-106.2.21, WEQ-001-
<IP_ADDRESS>, and WEQ-001-106.2.5, as set forth in the WEQ Version 003.1
Business Practice Standards.
6. Modifications To Allow a Transmission Provider To Extend the Time To
Perform Its Biennial Reassessment
    32. In Order No. 676-E, the Commission stated ``we reiterate here
the Commission's finding in Order No. 890 that a transmission provider
is permitted to extend the timeframe to reassess the availability of
conditional firm service. Since the Version 002.1 Standards do not
specifically address this issue, we would ask the industry, working
through NAESB, to continue to look at additional business practice
standards facilitating a transmission provider's extension of its right
to perform a reassessment.'' \33\ In response to this request, NAESB,
in its Version 003.1 Standards, adopted modifications to five standards
in the WEQ-001 OASIS Business Practice Standards and one standard in
the WEQ-013 OASIS Implementation Guide Business Practice Standards that
explicitly allow a transmission provider to extend the deadline by
which it must perform its biennial reassessment of the availability on
its system of conditional firm service.
---------------------------------------------------------------------------

    \33\ Order No. 676-E, FERC Stats. & Regs. ] 31,299 at P 72.
---------------------------------------------------------------------------

    33. NAESB's revised standards appear consistent with our findings
in Order No. 676-E and do not appear inconsistent with any Commission
directives or findings in other orders. Accordingly, we propose to
incorporate by reference, into the Commission's regulations at 18 CFR
38.1, NAESB's revisions to five standards to extend the deadline by
which a transmission provider must perform its biennial reassessment of
the availability on its system of conditional firm service, as set
forth in the WEQ Version 003.1 Business Practice Standards.
7. Industry-Wide Mechanism for Consistent Posting of AFC-Related Data
    34. In Order No. 890-A, the Commission explained that ``[t]o the
extent MidAmerican or its customers find it beneficial also to post
AFC, MidAmerican is free to post both ATC and AFC values.'' \34\ In the
WEQ Version 003.1 Business Practice Standards, NAESB includes revisions
to provide an industry-wide mechanism for posting of AFC-related data.
NAESB adds three new data elements to the list of valid data element
values for SYSTEM_ATTRIBUTE and SYSTEM_ELEMENT_TYPE in WEQ-003 OASIS
Data Dictionary and to the system data OASIS template in WEQ-013 OASIS

Implementation Guide Business Practice Standards.
---------------------------------------------------------------------------

    \34\ Order No. 890-A, FERC Stats. & Regs. ] 31,261 at P 51.
---------------------------------------------------------------------------

    35. NAESB's revised standards appear consistent with our findings
in Order No. 890-A and do not appear inconsistent with any Commission
directives or findings in other orders. Accordingly, we propose to
incorporate by reference, into the Commission's regulations at 18 CFR
38.1, NAESB's revisions to the data elements in the OASIS Data
Dictionary and to the data OASIS Template in Standard WEQ-013 to
provide an industry-wide mechanism for posting of AFC-related data, as
set forth in the WEQ Version 003.1 Business Practice Standards.
8. Use of DUNS Numbers
    36. In Order No. 768, the Commission eliminated the requirement to
use DUNS numbers \35\ in Electronic Quarterly Report filings and stated
that ``DUNS numbers have proven to be imprecise identification systems,
as entities may have multiple DUNS numbers, only one DUNS number, or no
DUNS number at all.'' \36\ NAESB has adopted revisions to Standard WEQ-
001-3.1 to eliminate the use of a DUNS number to identify an
organization in OASIS postings. For consistency, NAESB also adopted
changes or modifications to the Standard WEQ-000 Abbreviations,
Acronyms, and Definition of Terms Business Practice Standards, WEQ-001
OASIS Business Practice Standards, WEQ-003 OASIS Data Dictionary
Business Practice Standards, and WEQ-013 OASIS Implementation Guide
Business Practice Standards.
---------------------------------------------------------------------------

    \35\ The Data Universal Numbering System, abbreviated as DUNS or
D-U-N-S, is a proprietary system developed and regulated by Dun &
Bradstreet that assigns a unique numeric identifier, referred to as
a ``DUNS number'' to a single business entity.
    \36\ Electricity Market Transparency Provisions of Section 220
of the Federal Power Act, Order No. 768, 77 FR 61896, FERC Stats. &
Regs. ] 31,336, at P 171 (2012).
---------------------------------------------------------------------------

    37. NAESB's revised standards appear consistent with the
Commission's findings in Order No. 768 and do not appear inconsistent
with any Commission directives or findings in other orders.
Accordingly, we propose to incorporate by reference, into the
Commission's regulations at 18 CFR 38.1, NAESB's revisions to Standard
WEQ-002-<IP_ADDRESS>.

B. Revised and New Standards Designed To Complement NERC Reliability
Standards and Developments

1. NERC Compliance Registry
    38. The WEQ Version 003.1 standards include modifications to the
WEQ-004 Coordinate Interchange Business Practice Standards to include
in the EIR items eliminated by NERC, in Docket No. RR15-4-000, from the
NERC Compliance Registry including the elimination of the LSE, the
Purchase Selling Entity, and the Interchange Authority roles. This
proposal was accepted by the Commission in orders issued on March 19,
2015 \37\ and on October 15, 2015.\38\ Because the Commission has
accepted the elimination of the LSE function from the NERC Compliance
Registry, we propose to incorporate by reference, into the Commission's
regulations at 18 CFR 38.1, the NAESB modifications of WEQ-004
pertaining to Coordinate Interchange Business Practices.
---------------------------------------------------------------------------

    \37\ North American Electric Reliability Corporation, 150 FERC ]
61,213 (2015).
    \38\ North American Electric Reliability Corporation, 153 FERC ]
61,024, at P 20 (2015).
---------------------------------------------------------------------------

2. Electric Industry Registry Standards
    39. On November 13, 2012, the NAESB EIR replaced the NERC TSIN as
the industry registry, a tool previously used by wholesale electric
markets to help them develop e-Tags for electronic scheduling. Thus,
the NAESB EIR is now the tool the industry uses to support OASIS users
in the electronic scheduling of transactions by acting as the central
repository for information used by the wholesale electric industry in
the creation of e-Tags. The WEQ-004 Coordinate Interchange Business
Practice Standards and e-Tag Functional Specifications and Schema
provide the commercial framework for e-Tagging. The new WEQ-022 EIR
Business Practice Standards establish business practices for the NAESB
EIR and provide guidance for registry users.
    40. NAESB's revised Standard WEQ-004 appears reasonable and does
not appear inconsistent with any Commission directives or findings in
other orders. Accordingly, we propose to incorporate by reference, into
the Commission's regulations at 18 CFR 38.1, NAESB's revised Standard
WEQ-004 as set forth in the WEQ Version 003.1 Business Practice
Standards.
3. WEQ-023 Modeling Business Practice Standards
    41. WEQ's Version 003.1 Business Practice Standards includes a new
suite of standards, the WEQ-023 Modeling Business Practice Standards,
which address technical issues affecting the calculation of ATC for
wholesale electric transmission services. NAESB developed these
Modeling standards after NERC proposed to retire the bulk of its MOD A
Reliability Standards, which address ATC calculation, and NERC
requested that NAESB consider developing replacement Business Practice
Standards for requirements that NERC identified as being potentially
relevant for commercial purposes.\39\ WEQ-023 includes two new
requirements not previously included in the NERC Reliability Standards
related to contract path management. These two standards, WEQ-023-1.4
and WEQ-023-1.4.1, limit the amount of firm transmission service across
a path between balancing authorities to the contract path limit for
that given path.
---------------------------------------------------------------------------

    \39\ NERC's proposal is currently pending before the Commission
in the rulemaking proceeding in Docket No. RM14-7-000, see supra
n.7.
---------------------------------------------------------------------------

    42. The Commission is considering NERC's proposed retirement of its
ATC-related Reliability Standards in Docket No. RM14-7-000. In
addition, the Commission has established a proceeding in Docket No.
AD15-5-000 to consider proposed changes to the calculation of ATC, and
has conducted a technical conference and received comments regarding
such changes.\40\ As a result, we are not proposing to incorporate by
reference the WEQ-023 Modeling Business Practice Standards in this
NOPR, but will consider these standards as part of the overall inquiry
into ATC calculation.
---------------------------------------------------------------------------

    \40\ See, e.g., the December 18, 2014 status report filed by
NAESB in Docket Nos. RM05-5-000 and RM14-7-000, and the Commission's
April 21, 2015 workshop, Available Transfer Capability Standards for
Wholesale Electric Transmission Services, Docket No. RM15-5-000.
---------------------------------------------------------------------------

C. Revisions to WEQ Business Practice Standards Not Requested by
Commission or Developed To Comply With a Commission Directive

    43. In addition to the standards revisions that NAESB made to
comply with various Commission directives and requests, NAESB also
developed and adopted five revisions to the Business Practice Standards
at its own initiative. These revisions: (1) Introduce a requirement for
resellers to post off-OASIS resale transactions on the OASIS in the
``accepted'' status to provide the assignee of the resale the
opportunity to confirm the transaction on the OASIS; (2) allow for the
unmasking of the source and sink of a request for transmission service,
once that request is moved to any final state; (3) modify the
Commission's existing non-mandatory guidance on Smart Grid standards;
(4) modify the WEQ Abbreviations, Acronyms, and Definition of Terms in
Standard WEQ-000 to maintain consistency between the defined terms used
in the NAESB standards, including revisions to the

terms ``Demand Reduction Value'' and ``Energy Efficiency'' to mirror
definitions proposed by the Retail Market Quadrant and prevent industry
confusion; and (5) modify the Commission's PKI-related standards. We
will now separately discuss each of these revisions.
1. Proper Method To Post Off-OASIS Resale Transactions
    44. NAESB's WEQ Version 003.1 Business Practice Standards include a
revision to the WEQ-013 OASIS Implementation Guide Business Practice
Standards to allow off-OASIS resale transactions to be posted directly
to the OASIS under an ``accepted'' status. Prior to the modification to
WEQ-013-<IP_ADDRESS>, these transactions were posted only as confirmed
transactions. NAESB has also adopted a revision to the WEQ-001 OASIS
Business Practice Standards (WEQ-013-<IP_ADDRESS>) as a conforming change
requiring a service agreement between an assignee and a transmission
provider to be executed once the assignee has confirmed the resale
transaction on the OASIS.
    45. NAESB's revised standards on this subject appear reasonable and
do not appear inconsistent with any directives or findings in any
Commission orders. Accordingly, we propose to incorporate by reference,
into the Commission's regulations at 18 CFR 38.1, NAESB's revisions to
Standard WEQ-013-<IP_ADDRESS> and to the WEQ-013 OASIS Implementation Guide
Standards.
2. Unmasking of Final State Source and Sink Requests
    46. NAESB's WEQ Version 003.1 Business Practice Standards modify
Standard WEQ-002-<IP_ADDRESS> to unmask the source and sink for a request
for transmission service for all instances where the request for
transmission service is moved to any final state. Prior to this
modification, masking of the source and sink of a request for
transmission service was permitted until the status of that request was
confirmed.
    47. NAESB's revised standards appear reasonable and do not appear
inconsistent with any directives or findings in any Commission order.
Accordingly, we propose to incorporate by reference, into the
Commission's regulations at 18 CFR 38.1, NAESB's revisions to Standard
WEQ-002-<IP_ADDRESS>.
3. Modifications to Smart Grid Standards
    48. In Order 676-H, the Commission recognized the values of the
Smart Grid standards and encouraged ``further developments in
interoperability, technological innovation and standardization in this
area.'' In Order No. 676-H, the Commission adopted in its regulations
as non-mandatory guidance five Smart Grid related standards: (1) WEQ-
016 Specifications for Common Electricity Product and Pricing
Definition Business Practice Standards; (2) WEQ-017 Specifications for
Common Schedule Communication Mechanism for Energy Transactions; (3)
WEQ-018 Specifications for Wholesale Standard Demand Response Signals
Business Practice Standards; (4) WEQ-019 Customer Energy Usage
Information Communication Business Practice Standards; and (5) WEQ-020
Smart Grid Standards Data Elements Table Business Practice Standards.
This guidance is published in the Federal Register at 18 CFR 2.27.
    49. In its Version 003.1 Business Practice Standards, NAESB has
modified the Standard WEQ-019 Customer Energy Usage Information
Communication Business Practice Standards. NAESB made this modification
so that the revised standard will operate in harmony with other smart
grid standards, including the Smart Energy Profile 2.0, the
International Electrotechnical Commission Information Model, the NAESB
REQ.21 Energy Service Providers Interface, and standards developed by
the American Society of Heating, Refrigerating, and Air-Conditioning
Engineers.
    50. Standard WEQ-019 provides for energy usage information and this
revision allows consumers access to their energy usage information.
These standards will not only be used by the wholesale electric
industry, but also are important initiatives for use in ongoing utility
programs for consumer data access. We, therefore, propose to revise our
non-mandatory guidance that we listed in 18 CFR 2.27(d) to reference
NAESB's updated Standard WEQ-019 as set out in the Version 003.1
package of WEQ Business Practice Standards, replacing the existing
reference in 18 CFR 2.27(d) to Standard WEQ-019 as set out in the
Version 003 WEQ Business Practice Standards.
4. Modification to Standards on Abbreviations, Acronyms and Definitions
of Terms
    51. Also included in Version 003.1 is a modification to WEQ
Abbreviations, Acronyms, and Definition of Terms in Standard WEQ-000 to
maintain consistency between the defined terms used in the NAESB
standards, and modified the terms ``Demand Reduction Value'' and
``Energy Efficiency'' to mirror definitions proposed by the Retail
Market Quadrant and prevent industry confusion.
    52. NAESB's revised standards appear reasonable and do not appear
inconsistent with any directives or findings in any Commission orders.
Accordingly, we propose to incorporate by reference, into the
Commission's regulations at 18 CFR 38.1, NAESB's revisions to Standard
WEQ-000.
5. Public Key Infrastructure-Related Standards
    53. NAESB includes three modifications to support the WEQ-012 PKI
Business Practice Standards previously incorporated by reference by the
Commission in Order No. 676-H.\41\ The three PKI-related modifications
made in the Version 003.1 Standards were to the WEQ-012 PKI Business
Practice Standards, the WEQ-002 OASIS Standards and Communication
Protocols Business Practice Standards, and the WEQ-004 Coordinate
Interchange Business Practice Standards. NAESB modified WEQ-012 to
accommodate technology changes and security advances as well as to
remove standards specifying criteria a certificate authority must meet.
NAESB moved the standards specifying criteria that must be met out of
the Version 003.1 Business Practice Standards and into a second
document that outlines the prerequisites a certificate authority must
meet to become a NAESB Certification Authority.\42\
---------------------------------------------------------------------------

    \41\ These three modifications were not included in the Version
003 filing NAESB made on September 18, 2012 but rather were filed
separately by NAESB on January 29, 2013 following the conclusion of
standards development. See Submittal of Modifications to the NAESB
Public Key Infrastructure Standards and Other Standards to support
the Public Key Infrastructure, Docket Nos. RM05-5-000 and RM05-5-
022, January 29, 2013.
    \42\ The specifications document was created in recognition that
certificate authorities may not be subject to the Commission's
jurisdictional authority under the Federal Power Act and that
specification requirements can be modified through an accelerated
process versus standards development.
---------------------------------------------------------------------------

    54. NAESB modified five standards and added three standards WEQ-
002, which require the use of a certificate issued by a NAESB
Certification Authority to access an OASIS site and include
requirements related to support the implementation of PKI on OASIS
sites as well as revisions to reflect the transmission of the registry
from the NERC TSI to the NAESB EIR. NAESB includes one new standard,
WEQ-004-2.3, which requires all e-Tagging communication to be secured
by certifications issued by a NAESB Certification Authority. NAESB also
includes modifications to WEQ-000 for consistency purposes.

    55. In Order No. 676-H, the Commission incorporated by reference
the WEQ-012 PKI Business Practice Standards. In Version 003.1, NAESB
has filed three modifications to support these standards, requesting
that the Commission also incorporate by reference these modifications.
We propose to incorporate these revised standards by reference into the
Commission's regulations. These revised standards will require public
utilities to conduct transactions securely when using the internet and
will eliminate confusion over which transactions involving public
utilities must follow the approved PKI procedures to secure their
transactions. The revisions support the NAESB Authorized Certification
Authority (ACA) Certification Program and account for technological
advances following the original adoption of the standards by NAESB.\43\
---------------------------------------------------------------------------

    \43\ We note the NAESB ACA Certification Program is solely a
service offered by NAESB, and is not include in WEQ-012.
---------------------------------------------------------------------------

D. Implementation

    56. Consistent with the policy that we introduced in Order No. 676-
H,\44\ we propose upon issuance of a final rule, to establish a
specific date by which all public utilities must file compliance
filings revising their tariffs to acknowledge their responsibility to
comply with the revised standards. In Order No. 676-H, we permitted
public utilities that wish to incorporate the complete set of NAESB
standards into their tariffs without modification to avoid having to
make future compliance filings by specifying in their compliance filing
that they are incorporating into their tariff all of the standards
incorporated by reference by the Commission as specified in Part 38 of
the Commission's Rules of Practice and Procedure as updated and
revised. Those public utilities that followed this approach after the
issuance of Order No. 676-H will not need to make a compliance filing
revising their tariff after issuance of a final rule in this proceeding
as long as they continue to incorporate all of the standards without
modification. Public utilities that have not availed themselves of this
option in complying with Order No. 676-H would be free to do so in
complying with a final rule in this proceeding.
---------------------------------------------------------------------------

    \44\ Order No. 676-H, FERC Stats. & Regs. ] 31,359 at P 71.
---------------------------------------------------------------------------

III. Notice of Use of Voluntary Consensus Standards

    57. The NAESB WEQ Version 003.1 Business Practice Standards were
adopted by NAESB under NAESB's consensus procedures.\45\ As the
Commission found in Order No. 676, 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.
Moreover, since the industry itself has to conduct business under these
standards, the Commission's regulations should reflect those standards
that have the widest possible support. In section 12(d) of the National
Technology Transfer and Advancement Act of 1995, Congress affirmatively
requires federal agencies to use technical standards developed by
voluntary consensus standards organizations, like NAESB, as a means to
carry out policy objectives or activities unless use of such standards
would be inconsistent with applicable law or otherwise impractical.\46\
---------------------------------------------------------------------------

    \45\ Under this process, to be approved a standard must receive
a super-majority vote of 67 percent of the members of the WEQ's
Executive Committee with support from at least 40 percent from each
of the five industry segments--transmission, generation, marketer/
brokers, distribution/load serving entities, and end users. For
final approval, 67 percent of the WEQ's general membership must
ratify the standards.
    \46\ Public Law 104-113, 12(d), 110 Stat. 775 (1996), 15 U.S.C.
272 note (1997).
---------------------------------------------------------------------------

    58. Office of Management and Budget Circular A-119 (section 11)
(February 10, 1998) provides that Federal Agencies should publish a
request for comment in a NOPR when the agency is seeking to issue or
revise a regulation proposing to adopt a voluntary consensus standard
or a government-unique standard. In this NOPR, the Commission is
proposing to incorporate by reference voluntary consensus standards
developed by the WEQ of NAESB.

IV. Incorporation by Reference

    59. The Office of the Federal Register requires agencies
incorporating material by reference in final rules to discuss, in the
preamble of the final rule, the ways that the materials it incorporates
by reference are reasonably available to interested parties and how
interested parties can obtain the materials.\47\ The regulations also
require agencies to summarize, in the preamble of the final rule, the
material it incorporates by reference. The NAESB standards we are
proposing to incorporate by reference in this Final Rule can be
summarized as follows:
---------------------------------------------------------------------------

    \47\ 1 CFR 51.5. See Incorporation by Reference, 79 FR 66267
(Nov. 7, 2014).
---------------------------------------------------------------------------

     Revisions to OASIS Standards. The Version 003.1 standards
include revisions to six OASIS-related standards made to conform to
directives and guidance provided by the Commission in Order Nos. 676-E,
676-H, and 890. In addition, NAESB modified WEQ-001 and WEQ-013 to
require resellers to enter off-OASIS resale transactions into OASIS
sites in the ``accepted'' status to provide the assignee of the resale
the opportunity to confirm the transaction on the OASIS and revised
WEQ-002-<IP_ADDRESS> to allow for the unmasking of the source and sink of a
request for transmission when that request is moved to any final state.
Finally, NAESB modified WEQ-001, WEQ-003, and WEQ-013 to be consistent
with the Commission's treatment of Data Universal Numbering System
(DUNS) numbers.
     Revisions to NERC-Related Standards. NAESB modified
existing standards and developed new standards based on developments
involving NERC. In addition, NAESB has adopted revisions to NAESB
standards that need to match up with NERC's Interchange Scheduling and
Coordination (INT) Reliability Standards. The Commission is proposing
to incorporate by reference the WEQ-022 standards and the standards
relating to NERC's INT standards.\48\
---------------------------------------------------------------------------

    \48\ As discussed above, NAESB has also adopted modifications to
NERC-related standards, such as WEQ-023, that we do not propose in
this NOPR to incorporate by reference.
---------------------------------------------------------------------------

     Standards Development. NAESB also modified four additional
standards in the course of normal standards development. In response to
Order No. 764, NAESB modified WEQ-004 to provide for the scheduling of
interchange in 15-minute intervals and modified WEQ-019 to ensure
consistency between WEQ Business Practice Standards and other standards
organizations' standards. Additionally, NAESB modified WEQ-000 to
harmonize definitions with NAESB Retail Market Quadrant efforts.
     PKI Modifications. The standards include additional PKI
modifications to WEQ-002, WEQ-004, and WEQ-012 to support the NAESB
Authorized Certification Authority (Certification Authority)
Certification Program and to account for technological advances.
     Minor Corrections. Under its process to make necessary
minor corrections to its standards, when needed, the WEQ Version 003.1
Business Practice Standards include seven new minor corrections made by
NAESB.
    60. Our regulations provide that copies of the NAESB standards
incorporated by reference may be obtained from the North American

Energy Standards Board, 801 Travis Street, Suite 1675, Houston, TX
77002, Phone:<PHONE_NUMBER>. NAESB's Web site is located at http://www.naesb.org/ org/. Copies of the standards may be inspected at the
Federal Energy Regulatory Commission, Public Reference and Files
Maintenance Branch, 888 First Street NE., Washington, DC 20426, Phone:
(202) 502-8371, http://www.ferc.gov.\49\
---------------------------------------------------------------------------

    \49\ 18 CFR 284.12.
---------------------------------------------------------------------------

    61. NAESB is a private consensus standards developer that develops
voluntary wholesale and retail standards related to the energy
industry. The procedures used by NAESB make its standards reasonably
available to those affected by the Commission regulations, which
generally is comprised of entities that have the means to acquire the
information they need to effectively participate in Commission
proceedings.\50\ NAESB provides a free electronic read-only version of
the standards for a three business day period or, in the case of a
regulatory comment period, through the end of the comment period.\51\
Participants can join NAESB, for an annual membership cost of $7,000,
which entitles them to full participation in NAESB and enables them to
obtain these standards at no additional cost.\52\ Non-members may
obtain a complete set of Standards Manuals, Booklets, and Contracts on
CD for $2,000 and the Individual Standards Manual or Booklets for each
standard by email for $250 per manual or booklet.\53\ In addition,
NAESB considers requests for waivers of the charges on a case by case
basis based on need.
---------------------------------------------------------------------------

    \50\ As a private, consensus standards developer, NAESB needs
the funds obtained from its membership fees and sales of its
standards to finance the organization. The parties affected by these
Commission regulations generally are highly sophisticated and have
the means to acquire the information they need to effectively
participate in Commission proceedings.
    \51\ Procedures for non-members to evaluate work products before
purchasing are available at https://www.naesb.org/misc/NAESB_Nonmember_Evaluation.pdf. See Incorporation by Reference, 79
FR at 66271, n.51 & 53 (Nov. 7, 2014) (citing to NAESB's procedure
of providing ``no-cost, no-print electronic access,'' NAESB Comment
at 1, http://www.regulations.gov/#!documentDetail;D=OFR-2013-0001-
0023).
    \52\ North American Energy Standards Board Membership
Application, https://www.naesb.org/pdf4/naesbapp.pdf.
    \53\ NAESB Materials Order Form, https://www.naesb.org//pdf/ordrform.pdf.
---------------------------------------------------------------------------

V. Information Collection Statement

    62. The following collection of information contained in this
proposed rule is subject to review by the Office of Management and
Budget (OMB) under section 3507(d) of the Paperwork Reduction Act of
1995, 44 U.S.C. 3507(d).\54\ OMB's regulations require approval of
certain information collection requirements imposed by agency
rules.\55\ 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 this rule will not be penalized
for failing to respond to these collections of information unless the
collections of information display a valid OMB control number.
---------------------------------------------------------------------------

    \54\ 44 U.S.C. 3507(d).
    \55\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    63. The Commission solicits comments on the Commission's need for
this information, whether the information will have practical utility,
the accuracy of the provided burden estimates, ways to enhance the
quality, utility, and clarity of the information to be collected, and
any suggested methods for minimizing respondents' burden, including the
use of automated information techniques.
    64. The following burden estimate is based on the projected costs
for the industry to implement the new and revised business practice
standards adopted by NAESB and proposed to be incorporated by reference
in this NOPR.\56\
---------------------------------------------------------------------------

    \56\ Commission staff estimates that industry is similarly
situated in terms of hourly cost (wages plus benefits). Based on the
Commission average cost (wages plus benefits) for 2016, $74.50/hour
is used.

                                                             Revisions in NOPR in RM05-5-025
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Annual number
                                            Number of     of responses    Total number    Average burden (hours) & cost     Total annual burden hours &
                                           respondents   per respondent   of responses           ($) per response              total annual cost ($)
                                                    (1)             (2)     (1)*(2)=(3)  (4)............................  (3)*(4)=(5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-516E 57 58 (tariff filing)........             132               1             132  6..............................  792 hours.
                                                                                $447...........................  $59,004.
FERC-717 (compliance with standards) 59             132               1             132  30 \60\........................  3,960 hours.
                                                                                $2,235.........................  $295,020.
                                        ----------------------------------------------------------------------------------------------------------------
    Total..............................  ..............  ..............             264  36 hours.......................  4,752 hours.
                                                                                $2,682.........................  $354,024.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Costs To Comply With Paperwork Requirements

    The estimated annual costs are as follows:
---------------------------------------------------------------------------

    \57\ This burden category is intended for ``FERC-516,'' the
Commission's identifier that corresponds to OMB Control No. 1902-
0096 (Electric Rate Schedules and Tariff Filings). However, another
unrelated item is pending OMB review using this OMB Control No. and
only one item per OMB Control No. may be pending at a time.
Therefore, to ensure timely submission, Commission staff is using
FERC-516E (OMB Control No. TBD), a temporary collection number.
    \58\ These information collection requirements are one-time
burden estimates. After implementation in Year 1, the revision
proposed in this NOPR would be complete.
    \59\ ``FERC-717'' is the Commission's identifier that
corresponds to OMB control no. 1902-0173 that identifies the
information collection associated with Standards for Business
Practices and Communication Protocols for Public Utilities.
    \60\ The 30-hour estimate was developed in Docket No. RM05-5-
013, when the Commission prepared its estimate of the scope of work
involved in transitioning to the NAESB Version 002.1 Business
Practice Standards. See Order No. 676-E, FERC Stats. & Regs. ]
31,299 at P 134. We have retained the same estimate here, because
the scope of the tasks involved in the transition to Version 003.1
of the Business Practice Standards is very similar to that for the
transition to the Version 003 Standards.
---------------------------------------------------------------------------

     FERC-516E: 132 entities * 1 response/entity * (6 hours/
response * $74.50/hour) = $57,024.
     FERC-717: 132 entities * 1 response/entity * (30 hours/
response * $74.50/hour) = $285,120.
    Titles: Electric Rate Schedule Filing (FERC-516E); Open Access Same
Time Information System and Standards for Business Practices and
Communication Protocols for Public Utilities (FERC-717).

    Action: Proposed collection.
    OMB Control Nos.: TBD (FERC-516E); 1902-0173 (FERC-717).
    Respondents: Business or other for profit (Public Utilities--
Generally not applicable to small businesses).\61\
---------------------------------------------------------------------------

    \61\ See infra PP 72-73.
---------------------------------------------------------------------------

    Frequency of Responses: One-time implementation (business
procedures, capital/start-up).
    65. Necessity of the Information: This proposed rule, if
implemented would upgrade the Commission's current business practice
and communication standards and protocols modifications to support
compliance with requirements established by the Commission in Order
Nos. 890, 890-A, 890-B, and 890-C, as well as modifications to the
OASIS-related standards to support Order Nos. 676, 676-A, 676-E, and
717.
    66. Internal Review: The Commission has reviewed the revised
business practice standards and has made a preliminary determination
that the proposed revisions that we propose here to incorporate by
reference are both necessary and useful. In addition, the Commission
has assured itself, by means of its internal review, that there is
specific, objective support for the burden estimate associated with the
information requirements.
    67. 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 [Attn: Ellen Brown, email<EMAIL_ADDRESS>phone: (202)
502-8663, fax:<PHONE_NUMBER>].
    68. Comments concerning the information collections proposed in
this NOPR and the associated burden estimates should be sent to the
Commission at this docket and by email 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<EMAIL_ADDRESS>Please reference the docket
number of this Notice of Proposed Rulemaking (Docket No. RM05-5-25) and
OMB Control Nos. TBD (FERC-516E) and 1902-0173 (FERC-717) in your
submission.

VI. Environmental Analysis

    69. 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.\62\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\63\ The actions proposed 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 electric power that requires no construction of
facilities.\64\ Therefore, an environmental assessment is unnecessary
and has not been prepared in this NOPR.
---------------------------------------------------------------------------

    \62\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \63\ 18 CFR 380.4.
    \64\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27).
---------------------------------------------------------------------------

VII. Regulatory Flexibility Act Certification

    70. The Regulatory Flexibility Act of 1980 (RFA) \65\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The RFA does not mandate any particular outcome in a rulemaking. It
only requires consideration of alternatives that are less burdensome to
small entities and an agency explanation of why alternatives were
rejected.
---------------------------------------------------------------------------

    \65\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    71. The Small Business Administration (SBA) revised its size
standards (effective January 22, 2014) for electric utilities from a
standard based on megawatt hours to a standard based on the number of
employees, including affiliates. Under SBA's standards, some
transmission owners will fall under the following category and
associated size threshold: Electric bulk power transmission and
control, at 500 employees.\66\
---------------------------------------------------------------------------

    \66\ 13 CFR 121.201, Sector 22 (Utilities), NAICS code 221121
(Electric Bulk Power Transmission and Control).
---------------------------------------------------------------------------

    72. The Commission estimates that 5 of the 132 respondents are
small. The Commission estimates that the impact on these entities is
consistent with the paperwork burden of $2,682 per entity used
above.\67\ The Commission does not consider $2,682 to be a significant
economic impact.
---------------------------------------------------------------------------

    \67\ 36 hours at $74.50/hour = $2,682.
---------------------------------------------------------------------------

    73. Based on the above, the Commission certifies that
implementation of the proposed Business Practice Standards will not
have a significant impact on a substantial number of small entities.
Accordingly, no initial regulatory flexibility analysis is required.

VIII. Comment Procedures

    74. 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 September 26, 2016. Comments must refer to
Docket No. RM05-5-025 and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    75. 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.
    76. 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.
    77. 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.

IX. Document Availability

    78. 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.
    79. 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.
    80. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the

Commission's Online Support at<PHONE_NUMBER> (toll free at 1-866-208-
3676) or email at<EMAIL_ADDRESS>or the Public Reference
Room at<PHONE_NUMBER>, TTY<PHONE_NUMBER>. Email the Public Reference
Room at<EMAIL_ADDRESS>
List of Subjects

18 CFR Part 2

    Electric utilities, Guidance and policy statements.

18 CFR Part 38

    Conflict of interests, Electric power plants, Electric utilities,
Incorporation by reference, Reporting and recordkeeping requirements.

    By direction of the Commission.

    Dated: July 21, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
    In consideration of the foregoing, the Commission proposes to amend
parts 2 and 38, chapter I, title 18, Code of Federal Regulations, as
follows:

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432, 16
U.S.C. 792-828c, 2601-2645; 42 U.S.C. 4321-4370h, 7101-7352.

0
2. Amend Sec.  2.27 by revising paragraph (d) to read as follows:

Sec.  2.27  Availability of North American Energy Standards Board
(NAESB) Smart Grid Standards as non-mandatory guidance.

* * * * *
    (d) WEQ-019, Customer Energy Usage Information Communication (WEQ
Version 003.1, Sep. 30, 2015); and
* * * * *

PART 38--STANDARDS FOR PUBLIC UTILITY BUSINESS OPERATIONS AND
COMMUNICATIONS

0
3. The authority citation for part 38 continues to read as follows:

    Authority: 16 U.S.C. 791-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

0
4. Amend Sec.  38.1, by revising paragraph (b) to read as follows:

Sec.  38.1  Incorporation by reference of North American Energy
Standards Board Wholesale Electric Quadrant standards.

* * * * *
    (b) The business practice and electronic communication standards
the Commission incorporates by reference are as follows:
    (1) WEQ-000, Abbreviations, Acronyms, and Definition of Terms
(Version 003.1, Sep., 30, 2015);
    (2) WEQ-001, Open Access Same-Time Information System (OASIS),
OASIS Version 2.1 (WEQ Version 003.1, Sep. 30, 2015) with the exception
of Standards 001-9.5, 001-10.5, 001-14.1.3, 001-15.1.2 and 001-
106.2.5);
    (3) WEQ-002, Open Access Same-Time Information System (OASIS)
Business Practice Standards and Communication Protocols (S&CP), OASIS
Version 2.1 (WEQ Version 003.1, Sep. 30, 2015);
    (4) WEQ-003, Open Access Same-Time Information System (OASIS) Data
Dictionary Business Practice Standards, OASIS Version 2.1 (WEQ Version
003.1, Sep. 30, 2015);
    (5) WEQ-004, Coordinate Interchange (WEQ Version 003.1, Sep. 30,
2015);
    (6) WEQ-005, Area Control Error (ACE) Equation Special Cases (WEQ
Version 003.1, Sep. 30, 2015);
    (7) WEQ-006, Manual Time Error Correction (WEQ Version 003, Sep.
30, 2015);
    (8) WEQ-007, Inadvertent Interchange Payback (WEQ Version 003.1,
Sep. 30, 2015);
    (9) WEQ-008, Transmission Loading Relief (TLR)--Eastern
Interconnection (WEQ Version 003.1, Sep. 30, 2015);
    (10) WEQ-011, Gas/Electric Coordination (WEQ Version 003.1, Sep.
30, 2015);
    (11) WEQ-012, Public Key Infrastructure (PKI) (WEQ Version 003.1,
Sep. 30, 2015);
    (12) WEQ-013, Open Access Same-Time Information System (OASIS)
Implementation Guide, OASIS Version 2.1 (WEQ Version 003.1, Sep. 30,
2015);
    (13) WEQ-015, Measurement and Verification of Wholesale Electricity
Demand Response (WEQ Version 003.1, Sep. 30, 2015);
    (14) WEQ-021, Measurement and Verification of Energy Efficiency
Products (WEQ Version 003.1, Sep. 30, 2015).
    (15) WEQ-022, Electric Industry Registry Business Practice
Standards (WEQ Version 003.1, Sep. 30, 2015); and
    (16) WEQ-023, Modeling Business Practice Standards (WEQ Version
003.1, Sep. 30, 2015).

[FR Doc. 2016-17841 Filed 7-27-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Rules and Regulations]
[Pages 6907-6908]
[FR Doc No: 2015-02490]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0450; FRL-9922-74-Region 9]

Revision to the Arizona State Implementation Plan; Nogales
Nonattainment Area; Fine Particulate Matter Emissions Inventories

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Arizona State Implementation Plan
(SIP) concerning the Nogales fine particle (PM2.5)
nonattainment area 2008 and 2010 emissions inventories. These emission
inventories were submitted for the 2006 24-hour fine particle
(PM2.5) National Ambient Air Quality Standard (NAAQS). We
are approving these annual emissions inventories under the Clean Air
Act (CAA or the Act).

DATES: This rule will be effective on March 11, 2015.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2014-0450 for
this action. In most cases, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location
(e.g., confidential business information (CBI)). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, (415)
947-4111<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On September 2, 2014, EPA proposed to approve and incorporate into
the Arizona State Implementation Plan (SIP) the PM2.5
emissions inventories for the Nogales nonattainment area titled
``Arizona State Implementation Plan Revision for the Nogales
PM2.5 Nonattainment Area'' (79 FR 51923). Submitted by
Arizona on September 6, 2013, the Nogales area emissions inventories
provide annual 2008 and 2010 emissions estimates (tons per year) for
PM2.5 and PM2.5 precursors (i.e., nitrogen oxides
(NOX), volatile organic compounds (VOCs), sulfur dioxide
(SO2), and ammonia (NH3)). The source categories
include non-road mobile sources, non-point sources, on-road mobile
sources, and point or stationary sources. The detailed Nogales
emissions inventories are found in Appendix A of Arizona's submittal.
    We proposed to approve this revision to the Arizona SIP because we
determined that it complied with the relevant CAA requirements. EPA's
requirements for an emissions inventory for the PM2.5 NAAQS
are set forth in 40 CFR 51.1008.1 2 We reviewed the results,
procedures, and methodologies Arizona used to produce the 2008 and 2010
Nogales area PM2.5 and PM2.5 precursor emissions
inventories and found that these emissions inventories meet the
requirements of the CAA and EPA guidance. Consequently, we proposed to
approve the submitted PM2.5, NH3, NOX,
SO2, and VOC emissions inventories as meeting the CAA's
section 172(c)(3) requirement to provide a comprehensive, accurate, and
current inventory of actual emissions for the Nogales nonattainment
area.
---------------------------------------------------------------------------

    \1\ 1 40 CFR 51.1008 (a)(2) and (b) do not apply for the Nogales
area because they relate to requirements for attainment
demonstrations and reasonable further progress (RFP); these
requirements were suspended for the Nogales PM2.5
nonattainment area so long as the area continues to meet the
PM2.5 standard. For further discussion of our Clean Data
Policy as applied to the Nogales area, refer to our proposed rule
(77 FR 65656, October 30, 2012) and final rule (78 FR 887, January
7, 2013).
    \2\ Although the U.S. Court of Appeals for the District of
Columbia (D.C. Circuit) recently remanded this rule and directed EPA
to re-promulgate it pursuant to subpart 4 of part D, title I of the
CAA (see Natural Resources Defense Council v. EPA, 706 F.3d 428
(D.C. Cir. 2013)), the court's ruling in this case does not affect
EPA's action on these emissions inventories. Subpart 4 of part D,
title I of the Act contains no specific provision governing
emissions inventories for PM10 or PM2.5
nonattainment areas that supersedes the general emissions inventory
requirement for all nonattainment areas in CAA section 172(c)(3).
See ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498, (April 16, 1992).
---------------------------------------------------------------------------

    Our proposed action provides more information on Arizona's
PM2.5 emissions inventories submittal and our evaluation (79
FR 51923, September 2, 2014).

II. Public Comments

    EPA provided a 30-day public comment period as part of our proposed
action on the 2008 and 2010 Nogales area PM2.5 and
PM2.5 precursor pollutant emissions inventories submitted by
Arizona. We received no comments on our proposal.

III. EPA Action

    EPA is taking final action to approve the 2008 and 2010 Nogales
nonattainment area PM2.5 and PM2.5 precursor
pollutant emissions inventories submitted by Arizona and incorporate
them into the SIP, as authorized in section 110(k)(3) of the CAA. We
determined that Arizona's submittal is consistent with sections 110 and
172(c)(3) of the CAA.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves these emissions inventories as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    This SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 10, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Ammonia, Volatile organic compounds.

    Dated: January 23, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart D--Arizona

0
2. Section 52.120 is amended by adding paragraph (c)(164) to read as
follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (164) A plan revision was submitted on September 6, 2013 by the
Governor's Designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) ``Arizona State Implementation Plan Revision for the Nogales
PM2.5 Nonattainment Area'', dated September 2013, including
appendices A and B.

[FR Doc. 2015-02490 Filed 2-6-15; 8:45 am]
BILLING CODE 6560-50-P