[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Rules and Regulations]
[Pages 29503-29506]
[FR Doc No: 2021-11353]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 154, 260, and 284

[Docket Nos. RM18-11-002 and RP18-415-002; Order No. 849-B]

Interstate and Intrastate Natural Gas Pipelines; Rate Changes
Relating to Federal Income Tax Rate American Forest & Paper Association

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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SUMMARY: Order No. 849 adopted procedures for determining which
jurisdictional natural gas pipelines may be collecting unjust and
unreasonable rates in light of the income tax reductions provided by
the Tax Cuts and Jobs Act and the Commission's revised policy and
precedent concerning tax allowances to address the double recovery
issue identified by United Airlines, Inc. v. FERC. These procedures
also allowed interstate natural gas pipelines to voluntarily reduce
their rates. In this final rule, the Commission finds that there are no
more expected filings that will make use of these special procedures,
which are uniquely tied to the Tax Cuts and Jobs Act, and that all
existing proceedings under these procedures have closed. Therefore, the
Commission removes the procedures from the Code of Federal Regulations
as obsolete.

DATES: This rule is effective August 2, 2021.

FOR FURTHER INFORMATION CONTACT:
    Vince Mareino (Legal Information), Office of the General Counsel,
888 First Street NE, Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Laura Kane (Technical Information), Office of Energy Market
Regulation, 888 First Street NE, Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    1. On July 18, 2018, the Commission issued a final rule \1\ (Order
No. 849) adopting procedures for determining which jurisdictional
natural gas pipelines may be collecting unjust and unreasonable rates
in light of the income tax reductions provided by the Tax Cuts and Jobs
Act \2\ and the Commission's Revised Policy

Statement \3\ and precedent \4\ concerning tax allowances to address
the double recovery issue identified by United Airlines, Inc. v.
FERC.\5\ These procedures also allowed interstate natural gas pipelines
to voluntarily reduce their rates. On April 18, 2019, the Commission
denied all outstanding requests for rehearing and reaffirmed the
Commission's determinations in Order No. 849 (Order No. 849-A).\6\
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    \1\ Interstate & Intrastate Nat. Gas Pipelines; Rate Changes
Relating to Fed. Income Tax Rate, Order No. 849, 83 FR 36672 (July
30, 2018), 164 FERC ] 61,031 (2018).
    \2\ An Act to provide for reconciliation pursuant to titles II
and V of the concurrent resolution on the budget for fiscal year
2018, Public Law 115-97, 131 Stat. 2054 (2017) (Tax Cuts and Jobs
Act).
    \3\ Inquiry Regarding the Commission's Policy for Recovery of
Income Tax Costs, 81 FR 94366 (Dec. 23, 2016), 162 FERC ] 61,227
(Revised Policy Statement), order on reh'g, 83 FR 12362 (March 21,
2018), 164 FERC ] 61,030 (2018) (Revised Policy Statement
Rehearing).
    \4\ SFPP, L.P., Opinion No. 511-C, 162 FERC ] 61,228, at P 9
(2018).
    \5\ 827 F.3d 122 (D.C. Cir. 2016) (United Airlines). For
purposes of this order, the Revised Policy Statement, United
Airlines, and Opinion No. 511-C will collectively be referred to as
``United Airlines Issuances.''
    \6\ Interstate & Intrastate Nat. Gas Pipelines; Rate Changes
Relating to Fed. Income Tax Rate, Order No. 849-A, 84 FR 17739
(April 26, 2019), 167 FERC ] 61,051 (2019).
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    2. Order No. 849 established a requirement, pursuant to sections 10
and 14(a) of the Natural Gas Act (NGA),\7\ that all interstate natural
gas companies with cost-based stated rates that filed a 2017 FERC Form
No. 2 or 2-A must file the FERC Form No. 501-G informational filing for
the purpose of evaluating the impact of the Tax Cuts and Jobs Act and
the United Airlines Issuances on interstate natural gas pipelines'
revenue requirements. In addition to the FERC Form No. 501-G filing
requirement, the Commission provided four options for each interstate
natural gas pipeline to make a filing to address the changes to the
pipeline's recovery of tax costs or explain why no action is needed:
(1) A limited NGA section 4 \8\ rate reduction filing (Option 1), (2) a
commitment to file a general section 4 rate case or prepackaged
settlement in the near future (Option 2), (3) an explanation why no
rate change is needed (Option 3), and (4) no action (Option 4). These
procedures were intended to encourage natural gas pipelines to
voluntarily reduce their rates to the extent the tax changes result in
their over-recovering their cost of service, while also providing the
Commission and stakeholders information necessary to take targeted
actions under NGA section 5 \9\ where necessary to achieve just and
reasonable rates.
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    \7\ 15 U.S.C. 717i(a), 717m(a).
    \8\ 15 U.S.C. 717c.
    \9\ 15 U.S.C. 717d.
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    3. Order No. 849 made three changes to the Code of Federal
Regulations. First, new Sec.  260.402 of the Commission's regulations
established the FERC Form No. 501-G filing requirement described
above.\10\ Second, new Sec.  154.404 of the Commission's regulations
established the regulations necessary to govern Option 1, the limited
NGA section 4 rate reduction filings.\11\ Options 2, 3, and 4 above did
not require any change in regulations, as they could proceed under
preexisting regulatory authority. Third, new Sec.  284.123(i) of the
Commission's regulations provided procedures for section 311 of the
National Gas Policy Act of 1978 (NGPA) \12\ and Hinshaw \13\ pipelines
to establish fair and equitable rates for their interstate
services.\14\
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    \10\ 18 CFR 260.402.
    \11\ 18 CFR 154.404.
    \12\ 15 U.S.C. 3371.
    \13\ Section 1(c) of the NGA, 15 U.S.C. 717(c), exempts from the
Commission's NGA jurisdiction those pipelines which transport gas in
interstate commerce if: (1) They receive natural gas at or within
the boundary of a state, (2) all the gas is consumed within that
state, and (3) the pipeline is regulated by a state Commission. This
is known as the Hinshaw exemption.
    \14\ 18 CFR 284.123(i).
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II. Discussion

    4. In Order No. 849, the Commission identified 129 interstate
natural gas pipelines with cost-based rates that were required to file
the FERC Form No. 501-G, codified in Sec.  260.402. As of the date of
Order No. 849-A, the Commission had received filings from all 129
identified pipelines.\15\ As of April 15, 2021, all of these FERC Form
No. 501-G filings have been accepted for filing, and the proceedings
terminated. Because Order No. 849 established a one-time reporting
requirement tied to a past event, it would not apply to any new
pipelines that may enter the market in the future. Therefore, the
regulations implemented in Order No. 849 are no longer needed, and we
hereby remove Sec.  260.402 from the Commission's regulations.
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    \15\ Order No. 849-A, 167 FERC ] 61,051 at P 4.
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    5. Eleven pipelines chose Option 1, codified in Sec.  154.404.
Under Option 1, pipelines could only choose to make these limited NGA
section 4 rate reduction filings at the time of their FERC Form No.
501-G filings. Just as no new FERC Form No. 501-G filings are possible,
likewise no new filings under Sec.  154.404 are possible.
    6. For any of these limited NGA section 4 rate reduction filings
that proceeded to hearing, Sec.  154.404 also governs the process by
which these hearings are adjudicated, so it would not have been
reasonable to remove Sec.  154.404 before all the existing hearings
concluded, either with the acceptance of a settlement or with the
publication of an Initial Decision. There are no remaining dockets that
are either in an Option 1 hearing or eligible to be set for an Option 1
hearing. As a result, the regulations governing this type of limited
NGA section 4 rate reduction filings are no longer needed. We shall
therefore remove Sec.  154.404 of the Commission's regulations.
    7. Order No. 849 also established separate regulations under Sec.
284.123(i) to address the unique jurisdictional situation of section
311 and Hinshaw pipelines, which have their interstate rates regulated
by the Commission, but which are primarily regulated at the state
level. Under pre-existing policy, the Commission reviews the rates of
section 311 and Hinshaw pipelines every five years on a rolling
basis.\16\ Section 284.123(i), in brief, provided a mechanism to lower
these pipelines' interstate rates prior to their five-year review, in
the event that state government regulators also adjusted their rates in
light of the recent changes in tax code and tax policy. In the three-
and-a-half years from the passage of the Tax Cuts and Jobs Act in
November 2017 until the present, almost all section 311 and Hinshaw
pipelines have either come before the Commission for their five-year
review, or have come before the Commission for an out-of-cycle rate
review, whether due to Sec.  284.123(i), voluntary action, or the other
requirements of section 284 of the Commission's regulations that can
compel an out-of-cycle rate review. The Commission, through its own
review, finds it is unlikely that the remaining section 311 and Hinshaw
pipelines will trigger Sec.  284.123(i), and in any event all are due
for their five-year review in the near future under the Commission's
pre-existing policy. As a result, the special circumstances presented
by the Tax Cuts and Jobs Act that required Sec.  284.123(i) are no
longer present. We shall therefore remove Sec.  284.123(i) of the
Commission's regulations.
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    \16\ Contract Reporting Requirements of Intrastate Nat. Gas
Cos., Order No. 735, 75 FR 29404 (May 26, 2010), 131 FERC ] 61,150,
at P 96, order on reh'g, Order No. 735-A, 75 FR 80685 (Dec. 23,
2010), 133 FERC ] 61,216 (2010); see also Hattiesburg Indus. Gas
Sales, L.L.C., 134 FERC ] 61,236 (2011) (imposing a five-year rate
review requirement on Hattiesburg Industrial Gas Sales, L.L.C.).
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III. Regulatory Requirements

A. Information Collection Statement

    8. The Paperwork Reduction Act \17\ requires each Federal agency to
seek and obtain the Office of Management and Budget's (OMB) approval
before undertaking a collection of information (including reporting,
record keeping, and public disclosure requirements)

directed to ten or more persons or contained in a rule of general
applicability. OMB regulations require approval of certain information
collection requirements contemplated by final rules (including
deletion, revision, or implementation of new requirements). Upon
approval of a collection of information, OMB will assign an OMB control
number and an expiration date. Respondents subject to the filing
requirements of a rule will not be penalized for failing to respond to
the collection of information unless the collection of information
displays a valid OMB control number. The following discussion describes
and analyzes the collection of information to be deleted by this final
rule.
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    \17\ 44 U.S.C. 3501-3521.
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    9. Public Reporting Burden: In this final rule, the Commission
eliminates FERC Form No. 501-G \18\ (One-time Report on Rate Effect of
the Tax Cuts and Jobs Act). This final rule eliminates an existing data
collection, FERC-501G (OMB Control No. 1902-0302). Order No. 849 (in
Docket No. RM18-11-000) allowed the Commission to determine which
jurisdictional natural gas pipelines may be collecting unjust and
unreasonable rates in light of the recent reduction in the corporate
income tax rate in the Tax Cuts and Jobs Act and changes to the
Commission's income tax allowance policies following the United
Airlines decision. FERC Form No. 501-G collected information as to
whether the pipeline was a pass-through entity. FERC Form No. 501-G
collected income and balance sheet statement financial data from all
NGA pipelines that have stated cost-based rates on file with the
Commission. NGA pipelines whose rates were examined in a general rate
case under section 4 of the NGA or in an investigation under section 5
of the NGA were not required to file FERC Form No. 501-G.
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    \18\ FERC-501G has also been referenced as FERC Form No. 501-G.
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    10. The Commission identified 129 interstate natural gas pipelines
with cost-based rates that were required to file the adopted FERC Form
No. 501-G. Interstate natural gas pipelines had four options as to how
to address the results of the formula contained in the FERC Form No.
501-G. Each option has a different burden profile and a different cost
per response. Companies made their own business decisions as to which
option they selected. This final rule eliminates FERC Form No. 501-G
which reduces burden on all applicants.
    11. All burden from FERC Form No. 501-G has already been incurred.
For informational purposes, the previous estimate of burden and cost
for the now-complete FERC Form No. 501-G collection follows.

FERC-501G--Rate Changes Relating to Federal Corporate Income Tax Rate for Interstate Natural Gas Pipelines, To Be Eliminated by the Final Rule in Docket
                                                                     No. RM18-11-002
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                                                                                Average burden
                                            Respondents    Responses per       Total         hour per      Average cost    Total burden   Total cost ($)
                                                            respondent       responses       response      per response        hours
                                                     (1)             (2)     (1) * (2) =             (4)             (5)     (1) * (4) =     (1) * (5) =
                                                                                (3)                                             (6)             (7)
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                                                 Interstate Natural Gas Pipelines With Cost-Based Rates
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FERC Form No. 501-G, One-time Report                 129               1           * 129        * 9 hrs.          * $756         * 1,161       * $97,524
 (reduction) 19.........................
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                                                                    Optional Response
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No Response (reduction).................              51               0               0               0               0               0               0
Case for no change (reduction)..........              62               1              62               5             420             310          26,040
Limited Sec 4 filing (reduction) 20.....              15               1              15               6             504              90           7,560
General Sec. 4 filing (reduction) 21....               1               1               1          22 512          42,968             512          42,968
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                                              NGPA Section 311 and Hinshaw Pipelines With Cost-Based Rates
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NGPA rate filing (reduction) 23.........           24 15               1              15              24           2,015             360          30,225
                                         ---------------------------------------------------------------------------------------------------------------
    Total, To Be Eliminated by RM18-11-           25 144  ..............           * 222  ..............  ..............         * 2,433       * 204,317
     002................................
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* (reduction).

    12. This final rule eliminates all information collection and
recordkeeping requirements associated with RM18-11-000. The removal of
the FERC-501G eliminates the estimated annual information collection
burden (2,433 hours) and cost ($204,317) associated with FERC-501G (OMB
Control No. 1902-0302).
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    \19\ 18 CFR 260.402 (as revised).
    \20\ 18 CFR 154.404 (as revised).
    \21\ 18 CFR 154.312.
    \22\ The estimate for hours is based on the estimated average
hours per response for the FERC-545 (OMB Control No. 1902-0154),
with general NGA section 4, 18 CFR 154.312 filings weighted at a
ratio of 20 to one.
    \23\ 18 CFR 284.123(i) (as revised).
    \24\ Estimate of number of respondents assumes that states will
act within one year to reduce NGPA section 311 and Hinshaw pipeline
rates to reflect the Tax Cuts and Jobs Act.
    \25\ Number of unique respondents = (One-time Report) + (NGPA
rate filing).
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B. Environmental Analysis

    13. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement

for any action that may have a significant adverse effect on the human
environment.\26\ The actions taken here fall within categorical
exclusions in the Commission's regulations for rules regarding
information gathering, analysis, and dissemination.\27\ Therefore, an
environmental review is unnecessary and has not been prepared in this
rulemaking.
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    \26\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
    \27\ See 18 CFR 380.4(a)(2)(ii) and (a)(5).
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C. Regulatory Flexibility Act

    14. The Regulatory Flexibility Act of 1980 (RFA) \28\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a rulemaking while minimizing any
significant economic impact on a substantial number of small entities.
In lieu of preparing a regulatory flexibility analysis, an agency may
certify that a final rule will not have a significant economic impact
on a substantial number of small entities.\29\ In Order No. 849, the
Commission found that the institution of the new regulations would not
have a significant impact on a substantial number of small
entities.\30\ Most of the natural gas pipelines regulated by the
Commission do not fall within the RFA's definition of a small
entity.\31\ For the same reasons, removing these regulations will not
have a significant impact on a substantial number of small entities.
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    \28\ 5 U.S.C. 601-612.
    \29\ 5 U.S.C. 605(b).
    \30\ Order No. 849, 164 FERC ] 61,031 at P 296.
    \31\ In Order No. 849, the Commission determined 3.9% of the
total potential NGA respondents and 5.1% of the total NGPA section
311 and Hinshaw pipelines could be considered a small entity.
Eliminating the filing requirement would eliminate any burden and
cost from FERC-501G for small and large entities.
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D. Document Availability

    15. 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). At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the President's March 13, 2020
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19).
    16. 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.
    17. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
E. Effective Date and Congressional Notification

    18. These regulations are effective August 2, 2021. This rule does
not alter the substantive rights or interests of any interested
persons, and it merely removes certain outdated and nonessential
natural gas regulations from the Commission's body of regulations on a
prospective basis. Therefore, prior notice and comment under section 4
of the Administrative Procedure Act (APA) \32\ are unnecessary. The
Commission has determined that this rule is not a ``major rule'' as
defined in section 351 of the Small Business Regulatory Enforcement
Fairness Act of 1996.
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    \32\ 5 U.S.C. 553(b).
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List of Subjects

18 CFR Part 154

    Natural gas, Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 260

    Natural gas, Reporting and recordkeeping requirements.

18 CFR Part 284

    Continental shelf, Natural gas, Reporting and recordkeeping
requirements.

    By the Commission.

    Issued: May 20, 2021.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission amends parts 154,
260, & 284, chapter I, title 18, Code of Federal Regulations, as
follows:

PART 154--RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 154 continues to read as follows:

    Authority:  15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.

Sec.  154.404  [Removed]

0
2. Remove Sec.  154.404.

PART 260--STATEMENTS AND REPORTS (SCHEDULES)

0
3. The authority citation for part 260 continues to read as follows:

    Authority:  15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.

Sec.  260.402  [Removed]

0
4. Remove Sec.  260.402.

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

0
5. The authority citation for part 284 continues to read as follows:

    Authority:  15 U.S.C. 717-717z, 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.

Sec.  284.123  [Amended]

0
6. In Sec.  284.123, remove paragraph (i).

[FR Doc. 2021-11353 Filed 6-1-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62804-62805]
[FR Doc No: 2021-24660]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG22-21-000.
    Applicants: Black Bear Alabama Solar Tenant, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Black Bear Alabama Solar Tenant, LLC.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5109.
    Comment Date: 5 p.m. ET 11/26/21.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER20-716-006.
    Applicants: LS Power Grid New York Corporation I, New York
Independent System Operator, Inc.
    Description: Compliance filing: LS Power Grid New York Corporation
I submits tariff filing per 35: LS Power Errata: correct references in
Formula Rate Implementation Protocols to be effective 5/27/2020.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5119.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER21-2082-001.
    Applicants: Citizens S-Line Transmission LLC.
    Description: Tariff Amendment: Response to Deficiency Letter in
Docket ER21-2082 to be effective 12/31/9998.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5183.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER21-2305-003.
    Applicants: Pacific Gas and Electric Company.
    Description: Compliance filing: TO20 Standby Settlement Compliance
Filing to be effective 8/1/2021.
    Filed Date: 11/4/21.
    Accession Number: 20211104-5178.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER21-2980-001.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff Amendment: Errata to 2022 Balancing Accounts
Update Filing to be effective 1/1/2022.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5179.
    Comment Date: 5 p.m. ET 11/15/21.

    Docket Numbers: ER22-343-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA No. 5986;
Queue No. AE2-254 to be effective 2/19/2021.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5031.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-344-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA No. 5499;
Queue No. AC1-105 to be effective 10/14/2019.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5058.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-345-000.
    Applicants: NorthWestern Corporation.
    Description: Tariff Amendment: Cancellation of RS 42-SD--EP&C
Agreement with East River (A-Tap) to be effective 11/6/2021.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5085.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-346-000.
    Applicants: NorthWestern Corporation.
    Description: Tariff Amendment: Cancellation of RS 43-SD--EP&C
Agreement with East River (Napa Junction) to be effective 11/6/2021.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5088.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-347-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Amendment: First Amendment LGIA 99MT 8me, LLC
SA No. 199 & Termination of eTariff Record to be effective 1/5/2022.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5118.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-348-000.
    Applicants: Southwestern Public Service Company.
    Description: Tariff Amendment: WTMPA Cancellation to be effective
11/6/2021.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5135.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-349-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: NYISO 205 Filing: Revisions
to Data Reporting Requirements for Small Solar IPRs to be effective 1/
5/2022.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5140.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-350-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Idaho Falls Power JOOA to be
effective 1/5/2022.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5154.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-351-000.
    Applicants: PSEG Energy Resources & Trade LLC.
    Description: Sec.  205(d) Rate Filing: PSEG ER&T Reactive Tariff
Rates for Reactive Service to be effective 1/7/2022.

    Filed Date: 11/5/21.
    Accession Number: 20211105-5155.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-352-000.
    Applicants: Performance Materials NA, Inc.
    Description: Tariff Amendment: Notice of Cancellation of Market-
Based Rate Tariff to be effective 11/8/2021.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5159.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-353-000.
    Applicants: Indra Power Business MI, LLC.
    Description: Baseline eTariff Filing: Tariffs and Agreements to be
effective 1/5/2022.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5176.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-354-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: DEC-WCU Revised NITSA SA No.
422 to be effective 1/1/2022.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5194.
    Comment Date: 5 p.m. ET 11/26/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 5, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24660 Filed 11-10-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Proposed Rules]
[Pages 22366-22368]
[FR Doc No: 2021-08727]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0275; Airspace Docket No. 20-AAL-39]
RIN 2120-AA66

Proposed Modification of Class E Airspace; Gulkana, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class E airspace,
designated as a surface area, at Gulkana Airport, Gulkana, AK. This
action also proposes to modify the Class E airspace extending upward
from 700 and 1,200 feet above the surface. Additionally, this action
also proposes to remove the Gulkana VORTAC and the Glenallen NDB from
the Class E2's text header and airspace description. Further, this
action proposes to remove the Gulkana VOR/DME from the Class E5's text
header and airspace description. Lastly, this action proposes
administrative updates to the Class E2 and Class E5 text headers and
the Class E2 airspace description. This action would ensure the safety
and management of instrument flight rules (IFR) operations at the
airport.

DATES: Comments must be received on or before June 14, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0275; Airspace Docket No. 20-AAL-39, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would modify the Class E airspace at Gulkana

Airport, Gulkana, AK, to support IFR operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2021-0275;
Airspace Docket No. 20-AAL-39''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by modifying
the Class E airspace, designated as a surface area, at Gulkana Airport,
Gulkana, AK. The areas extending north and south of the 4-mile radius
are not required to contain IFR aircraft descending below 1,000 feet
above the surface, and they should be removed. Also, the current
description establishes the airspace's ceiling at 4,100 feet MSL. This
action proposes to remove the following verbiage from this airspace
area ``to and including 4,100 feet MSL'', this will set the airspace's
ceiling at the floor of the overlying controlled airspace, which begins
at 700 feet above the surface.
    This action also proposes to modify the Class E airspace extending
upward from 700 feet above the surface. This airspace is designed to
contain IFR departures to 1,200 feet above the surface and IFR arrivals
descending below 1,500 feet above the surface. To properly contain IFR
aircraft arriving and departing from the airport, the circular radius
of the airport should be reduced from 6.5 miles to 5 miles. The area
extending south of the 5-mile radius should be enlarged to contain
aircraft holding for the RNAV RWY 33R approach. The area extending
north of the 5-mile radius should be modified slightly, this
modification accounts for using the airport as the sole reference for
the airspace's description.
    This action also proposes to modify the Class E airspace extending
upward from 1,200 feet above the surface. This airspace is designed to
contain IFR aircraft transitioning to/from the terminal and en route
environments. To properly contain IFR aircraft, this area should be
reduced and reshaped.
    Additionally, this action proposes to remove the Gulkana VORTAC and
the Glenallen NDB from the Class E2 text header and airspace
description. The navigational aids (NAVAID) are not needed to define
the airspace and removal of the NAVAIDs simplifies the airspaces'
description.
    Further, this action also proposes to remove the Gulkana VOR/DME
from the Class E5 text headed and airspace description. The NAVAID is
not needed to define the airspace and removal of the NAVAID simplifies
the airspace's description.
    Lastly, the action proposes administrative updates to the
airspaces' text headers and airspace descriptions. On the second line
of the Class E5 text header, Gulkana is listed twice, this action
proposes to remove the redundant city name. On the third line of the
Class E2 and E5 text headers, the geographic coordinates should be
updated to ``lat. 62[deg]09'16'' N, long. 145[deg]27'19'' W.'' In the
last sentence of the Class E2 airspace's description, the term
``Airport/Facility Directory'' is outdated and it should be changed to
``Chart Supplement.''
    Class E2 and Class E5 airspace designations are published in
paragraph 6002, and 6005 of FAA Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AAL AK E2 Gulkana, AK [Amended]

Gulkana Airport, AK
    (Lat. 62[deg]09'16'' N, long. 145[deg]27'19'' W)

    That airspace extending upward from the surface within a 4-mile
radius of the airport. This Class E airspace area is effective
during specific dates and times established in advance by Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Gulkana, AK [Amended]

Gulkana Airport, AK
    (Lat. 62[deg]09'16'' N, long. 145[deg]27'19'' W)

    That airspace extending upward from 700 feet above the surface
within a 5-mile radius of the airport, and within 5 miles each side
of the 169[deg] bearing from the airport, extending from the 5-mile
radius to 24 miles south of the airport, and within 4 miles each
side of the 351[deg] bearing from the airport, extending from the 5-
mile radius to 12.5 miles north of the airport; and that airspace
extending upward from 1,200 feet above the surface within an area
beginning at lat. 62[deg]53'13'' N, long. 144[deg]15'00'' W, to lat.
61[deg]44'20'' N, long. 144[deg]15'00'' W, to lat. 61[deg]42'32'' N,
long. 146[deg]46'37'' W, to lat. 62[deg]51'31'' N, long.
146[deg]46'37'' W, then to the point of beginning.

    Issued in Des Moines, Washington, on April 21, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-08727 Filed 4-27-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Rules and Regulations]
[Page 47411]
[FR Doc No: 2015-19373]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0624]

Drawbridge Operation Regulation; Willamette River at Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs four Multnomah County bridges: the
Broadway Bridge, mile 11.7, Burnside Bridge, mile 12.4, Morrison
Bridge, mile 12.8, and Hawthorne Bridge, mile 13.1, all crossing the
Willamette River at Portland, OR. This deviation is necessary to
accommodate the annual Portland Providence Bridge Pedal event. This
deviation allows the bridges to remain in the closed-to-navigation
position to allow safe roadway movement of event participants.

DATES: This deviation is effective from 6 a.m. on August 9, 2015, to
12:30 p.m. on August 9, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0624] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Multnomah County has requested a temporary
deviation from the operating schedule for the Broadway Bridge, mile
11.7, Burnside Bridge, mile 12.4, Morrison Bridge, mile 12.8, and
Hawthorne Bridge, mile 13.1, all crossing the Willamette River at
Portland, OR. The requested deviation is to accommodate the annual
Providence Bridge Pedal event. To facilitate this event, the draws of
the bridges will be maintained in the closed-to-navigation positions as
follows: The Broadway Bridge, mile 11.7, provides a vertical clearance
of 90 feet in the closed position; Burnside Bridge, mile 12.4, provides
a vertical clearance of 64 feet in the closed position; Morrison
Bridge, mile 12.8, provides a vertical clearance of 69 feet in the
closed position; and Hawthorne Bridge, mile 13.1, provides a vertical
clearance of 49 feet in the closed position; all clearances are
referenced to the vertical clearance above Columbia River Datum 0.0.
The normal operating schedule for all four bridges is set in 33 CFR
117.897, and states that the bridges need not open from 7 a.m. to 9
a.m., and from 4 p.m. to 6 p.m. Monday through Friday. These four
bridges need not open for vessel traffic from 6 a.m. on August 9, 2015,
to 12:30 p.m. on August 9, 2015. This deviation period is from 6 a.m.
on August 9, 2015, to 12:30 p.m. August 9, 2015. The deviation allows
the Broadway Bridge, Burnside Bridge, Morrison Bridge, and the
Hawthorne Bridge all crossing the Willamette River, to remain in the
closed-to-navigation position and need not open for maritime traffic
from 6 a.m. to 12:30 p.m. on August 9, 2015. The four bridges shall
operate in accordance to 33 CFR 117.897 at all other times. Waterway
usage on this part of the Willamette River includes vessels ranging
from commercial tug and barge to small pleasure craft.
    Vessels able to pass through the bridge in the closed-to-navigation
positions may do so at any time. The bridges will be able to open for
emergencies and there is no immediate alternate route for vessels to
pass. The Coast Guard will also inform the users of the waterways
through our Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridges so that vessels can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridges must return to
their regular operating schedules immediately at the end of the
effective period of this temporary deviation. This deviation from the
operating regulations is authorized under 33 CFR 117.35.

    Dated: July 17, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2015-19373 Filed 8-6-15; 8:45 am]
 BILLING CODE 9110-04-P