[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Page 29779]
[FR Doc No: 2020-10617]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2020-17]

Petition for Exemption; Summary of Petition Received; Benjamin
Kroll

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before June 8, 2020.

ADDRESSES: Send comments identified by docket number FAA-2020-0044
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on May 13, 2020.
Brandon Roberts,
Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2020-0044.
    Petitioner: Benjamin Kroll.
    Section(s) of 14 CFR Affected: Sec.  107.1.
    Description of Relief Sought: The proposed exemption, if granted,
would allow Benjamin Kroll to operate the X8 multi-rotor unmanned
aircraft system (UAS), which is over 55 pounds (lbs), under part 107
for the purposes of aerial firefighting by dropping critical resources
to include: Up to 20 gallons of water; provisions; and equipment to
responding crews.

[FR Doc. 2020-10617 Filed 5-15-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Notices]
[Pages 2869-2871]
[FR Doc No: 2010-793]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0480]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Investigational
Device Exemptions Reports and Records

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
February 18, 2010.

ADDRESSES:  To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0078.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Investigational Device Exemptions Reports and Records--21 CFR Part 812
(OMB Control Number 0910-0078)--Extension

    Section 520(g) of the Federal Food, Drug, and Cosmetic Act (the
act) (21 U.S.C. 360j(g)) establishes the statutory authority to collect
information regarding investigational devices, and establishes rules
under which new medical devices may be tested using human subjects in a
clinical setting. The Food and Drug Administration Modernization Act of
1997 added section 520(g)(6) to the act and permitted changes to be
made to either the investigational device or to the clinical protocol
without FDA approval of an investigational device exemption (IDE)
supplement. An IDE allows a device, which would otherwise be subject to
provisions of the act, such as premarket notification or premarket
approval, to be used in investigations involving human subjects in
which the safety and effectiveness of the device is being studied. The
purpose of part 812 (21 CFR part 812) is to encourage, to the extent
consistent with the protection of public health and safety and with
ethical standards, the discovery and development of useful devices
intended for human use. The IDE regulation is designed to encourage the
development of useful medical devices, and allow investigators the
maximum freedom possible, without jeopardizing the health and safety of
the public or violating ethical standards. To do this, the regulation
provides for different levels of regulatory control depending on the
level of potential risk the investigational device presents to human
subjects. Investigations of significant risk devices, ones that present
a potential for serious harm to the rights, safety or welfare of human
subjects, are subject to the full requirements of the IDE regulation.
Non-significant risk device investigations, ones that do not present a
potential for serious harm, are subject to the reduced burden of the
abbreviated requirements. The regulation also includes provisions for
treatment IDEs. The purpose of these provisions is to facilitate the
availability, as early in the device development process as possible,
of promising new devices to patients with life-threatening or serious
conditions for which no comparable or satisfactory alternative therapy
is available. Section 812.10 of the act, permits the sponsor of the IDE
to request a waiver to all of the requirements of part 812. This
information is needed for FDA to determine if waiver of the
requirements of part 812 will impact the public's health and safety.
Sections 812.20, 812.25, and 812.27 consist of the information
necessary to file an IDE application with FDA. The submission of an IDE
application to FDA is required only for significant risk device
investigations.
    Section 812.20 lists the data requirements for the original IDE
application; Sec.  812.25 lists the contents of the investigational
plan; and Sec.  812.27 lists the data relating to previous
investigations or testing. The information in the original IDE
application is evaluated by the Center for Devices and Radiological
Health to

determine whether the proposed investigation will reasonably protect
the public health and safety, and for FDA to make a determination to
approve the IDE. Upon approval of an IDE application by FDA, a sponsor
must submit certain requests and reports. Under Sec.  812.35, a sponsor
who wishes to make a change in the investigation which affects the
scientific soundness of the study or the rights, safety, or welfare of
the subjects, is required to submit a request for the change to FDA.
Section 812.150 requires a sponsor to submit reports to FDA. These
requests and reports are submitted to FDA as supplemental applications.
This information is needed for FDA to assure protection of human
subjects and to allow review of the study's progress. Section 812.36(c)
identifies the information necessary to file a treatment IDE
application. FDA uses this information to determine if wider
distribution of the device is in the interests of the public health.
Section 812.36(f) identifies the reports required to allow FDA to
monitor the size and scope of the treatment IDE, to assess the
sponsor's due diligence in obtaining marketing clearance of the device
and to ensure the integrity of the controlled clinical trials. Section
812.140 lists the recordkeeping requirements for investigators and
sponsors. FDA requires this information for tracking and oversight
purposes. Investigators are required to maintain records, including
correspondence and reports concerning the study, records of receipt,
use or disposition of devices, records of each subject's case history
and exposure to the device, informed consent documentation, study
protocol and documentation of any deviation from the protocol. Sponsors
are required to maintain records including correspondence and reports
concerning the study, records of shipment and disposition, signed
investigator agreements, adverse device effects information and for a
non-significant risk device study, an explanation of the non-
significant risk determination, records of device name and intended
use, study objectives, investigator information, investigational review
board information, and statement on the extent that good manufacturing
practices will be followed.
    In the Federal Register of October 23, 2009 (74 FR 54824), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1. --Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                                No. of       Annual Frequency   Total Annual      Hours per
      21 CFR Section          Respondents      per Response       Responses       Response        Total  Hours
----------------------------------------------------------------------------------------------------------------
812.10                                   1                  1               1               1                  1
----------------------------------------------------------------------------------------------------------------
812.20, 812.25, and 812.27             465                0.5             233              80             18,640
----------------------------------------------------------------------------------------------------------------
812.35 and 812.150                     465                7.8           3,627               6             21,762
 (reports for significant
 risk studies)
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812.150 (reports for non-              465              0.017               8               6                 48
 significant risk studies)
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812.36(c)                                1                  1               1             120                120
----------------------------------------------------------------------------------------------------------------
812.36(f)                                1                  2               2              20                 40
----------------------------------------------------------------------------------------------------------------
Total                                                                                40,611
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information. Due to a reevaluation of the burden, the burden hours and annual responses which appeared in a
  notice issued in the Federal Register of October 23, 2009 (74 FR 54824) have been adjusted.

                               Table 2.--Estimated Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
                                             Annual Frequency
      21 CFR Section            No. of             per          Total Annual      Hours per       Total  Hours
                             Recordkeepers    Recordkeeping        Records         Record
----------------------------------------------------------------------------------------------------------------
812.140 Original                       465                0.5             233              10              2,330
----------------------------------------------------------------------------------------------------------------
812.140 Supplemental                   465                  7           3,255               1              3,255
----------------------------------------------------------------------------------------------------------------
812.140 Non-significant                465                  1             465               6              2,790
----------------------------------------------------------------------------------------------------------------
Total                                                                                8,375
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information. The estimate of the burden is based on the number of IDEs received in the last 3 years.

    Dated: January 12, 2010.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2010-793 Filed 1-15-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 77, Number 55 (Wednesday, March 21, 2012)]
[Proposed Rules]
[Pages 16494-16500]
[FR Doc No: 2012-6759]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM01-8-012]

Revised Public Utility Filing Requirements for Electric Quarterly
Reports

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to revise the Electric Quarterly Report (EQR) Data Dictionary to add
``Simultaneous Exchange'' to the list of available Product Names in the
EQR. This revision would allow for greater transparency in wholesale
electricity markets through a greater understanding of these complex
transactions. The Commission invites comment on this proposal.

DATES: Comments on the proposal are due May 21, 2012.

ADDRESSES: You may submit comments on the proposal, identified by
Docket No. RM01-8-012, by one of the following methods:
     Agency Web Site: 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: Commenters unable to file comments
electronically must mail or hand deliver an original copy of their
comments to: Federal Energy Regulatory Commission, Secretary of the
Commission, 888 First Street NE., Washington, DC 20426. Additional
requirements can be found on the Commission's Web site, see, e.g., the
``Quick Reference Guide for Paper Submissions,'' available at http://
www/ferc.gov/docs-filing/efiling.asp, or via phone from FERC Online
Support at<PHONE_NUMBER> or toll-free at 1-866-208-3676.

FOR FURTHER INFORMATION CONTACT: Andrew Knudsen, Federal Energy
Regulatory Commission, Office of the General Counsel, 888 First Street
NE., Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>    Andrew Weinstein, Federal Energy Regulatory Commission, Office of
the General Counsel, 888 First Street NE., Washington, DC 20426, (202)
502-6230<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Notice of Proposed Rulemaking

(Issued March 15, 2012)

    1. The Commission proposes to revise the Electric Quarterly Report
(EQR) Data Dictionary to add ``Simultaneous Exchange'' to the list of
available Product Names in the EQR. This revision would allow for
accurate reporting of simultaneous exchange transactions, which will
bolster transparency in wholesale electricity markets by facilitating a
greater understanding of these complex transactions. The Commission
invites comment on this proposal.

I. Background

A. Order No. 2001

    2. On April 25, 2002, the Commission set forth the EQR filing
requirements in Order No. 2001.\1\ Order No. 2001 requires public
utilities to electronically file EQRs summarizing transaction
information for short-term and long-term cost-based sales and market-
based

rate sales and the contractual terms and conditions in their agreements
for all jurisdictional services.\2\ The Commission established the EQR
reporting requirements to help ensure the collection of information
needed to perform its regulatory functions over transmission and
sales,\3\ while making data more useful to the public and facilitating
the ability of public utilities to fulfill their responsibility under
FPA section 205(c) \4\ to have rates on file in a convenient form and
place.\5\ As noted in Order No. 2001, the EQR data are designed to
``provide greater price transparency, promote competition, enhance
confidence in the fairness of the markets, and provide a better means
to detect and discourage discriminatory practices.'' \6\ The
requirement to file EQRs replaced the requirement to file quarterly
transaction reports summarizing a utility's market-based rate
transactions and sales agreements that conformed to the utility's
tariff.
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    \1\ Revised Public Utility Filing Requirements, Order No. 2001,
67 FR 31043 (May 8, 2002), FERC Stats. & Regs. ] 31,127, reh'g
denied, Order No. 2001-A, 100 FERC ] 61,074, reh'g denied, Order No.
2001-B, 100 FERC ] 61,342, order directing filing, Order No. 2001-C,
101 FERC ] 61,314 (2002), order directing filing, Order No. 2001-D,
102 FERC ] 61,334, order refining filing requirements, Order No.
2001-E, 105 FERC ] 61,352 (2003), order on clarification, Order No.
2001-F, 106 FERC ] 61,060 (2004), order revising filing
requirements, Order No. 2001-G, 72 FR 56735 (Oct. 4, 2007), 120 FERC
] 61,270, order on reh'g and clarification, Order No. 2001-H, 73 FR
1876 (Jan. 10, 2008), 121 FERC ] 61,289 (2007), order revising
filing requirements, Order No. 2001-I, 73 FR 65526 (Nov. 4, 2008),
125 FERC ] 61,103 (2008).
    \2\ Order No. 2001, FERC Stats. & Regs. ] 31,127.
    \3\ Id. P 13-14.
    \4\ 16 U.S.C. 824d(c).
    \5\ Order No. 2001, FERC Stats. & Regs.] 31,127 at P 31.
    \6\ Id. P 31.
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    3. In Order No. 2001, the Commission also adopted a new section in
its regulations, 18 CFR 35.10b, which requires that the EQRs must
conform to the Commission's software and guidance posted and available
from the Commission Web site. This obviates the need to revise 18 CFR
35.10b to implement revisions to the software and guidance.
    4. Since issuing Order No. 2001, the Commission has provided
guidance and refined the reporting requirements, as necessary, to
simplify the filing requirements and to reflect changes in the
Commission's regulations.\7\ For instance, in 2007 the Commission
adopted an Electric Quarterly Report Data Dictionary, which provides in
one document the definitions of certain terms and values used in filing
EQR data.\8\ Moreover, in 2007, the Commission required transmission
capacity reassignment to be reported in the EQR.\9\ The refinements to
the existing EQR requirements proposed in this NOPR build upon the
Commission's prior improvements to the reporting requirements and
enhance the goals of providing greater price transparency, promoting
competition, instilling confidence in the fairness of the markets, and
providing a better means to detect and discourage discriminatory and
manipulative practices.
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    \7\ See, e.g., Revised Public Utility Filing Requirements for
Electric Quarterly Reports, 124 FERC ] 61,244 (2008) (providing
guidance on the filing of information on transmission capacity
reassignments in EQRs); Notice of Electric Quarterly Reports
Technical Conference, 73 FR 2477 (Jan. 15, 2008) (announcing a
technical conference to discuss changes associated with the EQR Data
Dictionary).
    \8\ Order No. 2001-G, 120 FERC ] 61,270.
    \9\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, 72 FR 12266 (Mar. 15, 2007),
FERC Stats. & Regs. ] 31,241, at P 817, order on reh'g, Order No.
890-A, 73 FR 2984 (Jan. 16, 2008), FERC Stats. & Regs. ] 31,261
(2007), order on reh'g and clarification, Order No. 890-B, 73 FR
39092 (July 8, 2008), 123 FERC ] 61,299 (2008), order on reh'g,
Order No. 890-C, 74 FR 12540 (March 25, 2009), 126 FERC ] 61,228
(2009), order on clarification, Order No. 890-D, 74 FR 61511 (Nov.
25, 2009), 129 FERC ] 61,126.
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B. Docket No. EL10-71-000

    5. In an order issued on February 16, 2012, addressing a petition
for declaratory order filed by Puget Sound Energy, Inc. (Puget), the
Commission expressed concerns that certain ``simultaneous exchange''
transactions may resemble transmission service because they involve a
party placing power onto the power grid at one delivery point and then
simultaneously receiving power at another delivery point.\10\ The
Commission defined simultaneous exchanges as:
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    \10\ Puget Sound Energy, Inc., 138 FERC ] 61,121, at P 13
(2012).

    Simultaneous exchanges occur when a pair of simultaneously
arranged (i.e., part of the same negotiations) wholesale power
transactions between the same counterparties in which party A sells
an electricity product to party B at one location and party B sells
a similar electricity product to party A at a different location
have an overlapping delivery period. The simultaneous exchange is
the overlapping portion (both in volume and delivery period) of
these wholesale power transactions.\11\
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    \11\ Id. P 12.

In addressing Puget's petition, the Commission determined that when a
simultaneous exchange transaction involves the marketing function of a
public utility transmission provider, the public utility must seek
prior approval from the Commission if the transaction involves its
affiliated transmission provider's system.\12\ The Commission concluded
that all other simultaneous exchange transactions do not require prior
Commission approval beyond the necessary authorization under section
205 of the Federal Power Act for the sale for resale of electric
energy.\13\ However, due to general concerns regarding the potential
for simultaneous exchanges to provide what amounts to transmission
service without the reservation of service on the transmission system,
the Commission stated that it would consider ways to enhance the
transparency of these arrangements, including potential modifications
to the EQR reporting requirements.\14\
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    \12\ Id. P 1.
    \13\ Id.
    \14\ Id. P 16.
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II. Discussion

A. Reporting of Product Name

    6. The Commission proposes to add the Product Name ``Simultaneous
Exchange'' to the EQR Data Dictionary and to require all EQR filers to
use this term, when appropriate, in the Contract Data section and the
Transaction Data section. The Commission will define ``Simultaneous
Exchange'' in the EQR Data Dictionary as follows:

    Simultaneous exchanges occur when a pair of simultaneously
arranged (i.e., part of the same negotiations) wholesale power
transactions between the same counterparties in which party A sells
an electricity product to party B at one location and party B sells
a similar electricity product to party A at a different location
have an overlapping delivery period. The simultaneous exchange is
the overlapping portion (both in volume and delivery period) of
these wholesale power transactions.

    7. EQR filers engaging in simultaneous exchange transactions must
report each transaction as a ``Simultaneous Exchange'' in the
Transaction Data section. In the Contract Data section, appropriate
reporting of these transactions depends on the contractual arrangement
that governs the particular simultaneous exchange. If an EQR filer
engages in simultaneous exchange arrangements under a general power
sales contract, the EQR filer would not identify such general power
sales agreements as ``Simultaneous Exchange'' in the Contract Data
section, but rather the specific simultaneous exchange arrangements
under such power sales contracts would be reported in the Transaction
Data section. However, if an EQR filer enters into a contract that
specifically sets forth the terms for simultaneous exchange
arrangements, the EQR filer would categorize the contract product as
``Simultaneous Exchange'' in the Contract Data section.
    8. Adding ``Simultaneous Exchange'' to the list of Product Names in
the EQR Data Dictionary will enhance transparency in energy markets.
The Commission understands that simultaneous exchanges occur in both
organized and unorganized energy markets. These transactions are
complicated and varied. Simultaneous exchanges may be executed through
short-term or long-term contracts; may be arranged a day-ahead, many
months in advance or in real-time; and may range in size. The
Commission is

generally concerned that the complexity of simultaneous exchanges may
obscure the true nature of these transactions, and may enable market
participants to circumvent market rules. Thus, in order to enhance
transparency, the Commission believes it is important that EQR filers
report simultaneous exchanges in the EQR.

B. Reporting of Overlapping Transactions

    9. As described above, a simultaneous exchange occurs when a pair
of wholesale power transactions between the same counterparties is
arranged as part of the same negotiations, and involves overlapping
volumes of power purchased and sold and overlapping delivery periods
for the power purchased and sold. Only the overlapping portion of a
simultaneous exchange transaction should be reported as a simultaneous
exchange. The non-overlapping portions of the arrangements should be
reported in a separate entry as a power sale. Below are two examples of
how to report a simultaneous exchange transaction involving two power
sales involving overlapping volumes of power sold and overlapping
periods for the power sold.

Example A

    Transactions: Party A sells 100 MWh to Party B from 1 p.m. to 2
p.m. at point X. Party B sells 50 MWh to Party A from 1 p.m. to 2 p.m.
at point Y.
[GRAPHIC] [TIFF OMITTED] TP21MR12.000

    There are 2 separate transactions in this scenario that must be
reported in the EQR (as indicated in the graphic).
    (1.) Party A will report a power sale of 50 MWh to Party B from 1
p.m. to 2 p.m.
    (2.) Parties A and B will each report a simultaneous exchange of 50
MWh from 1 p.m. to 2 p.m. at points X and Y.\15\
---------------------------------------------------------------------------

    \15\ This assumes that both parties A and B are entities that
are required to file EQR reports under the Commission's regulations.
See 18 CFR 35.10b (2011).
---------------------------------------------------------------------------

Example B

    Transactions: Party A sells 50 MWh to Party B for every hour from 1
p.m. to 3 p.m. at point X. Party B sells 50 MWh to Party A for every
hour from 2 p.m. to 4 p.m.
[GRAPHIC] [TIFF OMITTED] TP21MR12.001

    There are 3 separate transactions in this scenario that must be
reported in the EQR (as indicated in the graphic).
    (1.) Party A will report a power sale of 50 MWh to Party B from 1
p.m. to 2 p.m.
    (2.) Parties A and B will each report a simultaneous exchange of 50
MWh from 2 p.m. to 3 p.m. at points X and Y.\16\
---------------------------------------------------------------------------

    \16\ This assumes that both parties A and B are entities that
are required to file EQR reports under the Commission's regulations.
See 18 CFR 35.10b (2011).
---------------------------------------------------------------------------

    (3.) Party B will report a power sale of 50 MWh to Party A from 3
p.m. to 4 p.m.

C. Price Reporting of Simultaneous Exchanges

    10. The Commission proposes that parties reporting simultaneous
exchange transactions report the price spread for these transactions,
rather than the price assigned by the parties of the individual power
sales that make up the simultaneous exchange.\17\ The Commission
proposes that the price spread be listed in the Price column (Field
64) and be reported as the net price that the filing entity
receives per MWh for the overall simultaneous exchange position.\18\ A
simple example of determining a price spread is given below:
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    \17\ In a simultaneous exchange, a party sells power at one
point in return for power at another point. Under current EQR rules,
a company reports a ``sale price'' for the point in which it makes a
power sale. The proposed rules for reporting prices are consistent
with this existing policy in that they treat each filer as a net
``seller,'' with net buyers reporting a negative price spread.
    \18\ There may be transactions in which credits or compensation
other than the nominal prices are negotiated as part of the
simultaneous exchange. In such cases, all relevant compensation
should be included in the determination of the price spread.

    Company A and Company B enter into a simultaneous exchange
transaction that involves Company A selling 100 MWh to Company B at
$100/MWh and Company B selling 100 MWh back to Company A for $110/
MWh. This transaction does not include any other credits or
compensation as part of settlement for the simultaneous exchange.
The price spread for this transaction would therefore be $10/MWh.
Company A would report the price for this simultaneous exchange
transaction as -$10/MWh (because it makes a net payment of $10 per
MWh), and Company B would report the price for this locational
exchange transaction as +$10/MWh (because it receives a net payment
---------------------------------------------------------------------------
of $10 per MWh).

    11. The Commission proposes the adoption of the price spread
reporting requirement to provide necessary transparency. For the
parties to a simultaneous exchange transaction, prices assigned to the
power at either point in the transaction (if applicable) do not
necessarily represent the economic values of the power being exchanged
at those points. Such prices are merely nominal, since the parties know
that any price at one location is partially offset by the price at the
other location. In such cases, the nominal prices may be meaningless,
and the relevant value of the transaction is the price spread, i.e.,
the difference between the prices at the points in a simultaneous
exchange.\19\ Moreover, in some transactions, parties may not assign
nominal prices to the power at either point in the simultaneous
exchange and may simply negotiate a price spread that applies to the
simultaneous exchange. Thus, to ensure the presence of meaningful price
information in EQR, the Commission proposes to adopt the requirement
that EQR filers report the price spread of each simultaneous exchange.
---------------------------------------------------------------------------

    \19\ In a simultaneous exchange, the parties may be indifferent
to the market price assigned to each point of the exchange. Thus, an
exchange in which the power at point A is assigned a price of $10
and the power at point B is assigned a price of $12 is economically
the same to the parties as an exchange where the power at point A is
assigned a price of $20 and the power at point B is assigned a price
of $22.
---------------------------------------------------------------------------

D. Special Reporting Requirement for Simultaneous Exchange Transactions

    12. Because simultaneous exchange transactions involve
simultaneously-arranged overlapping power sales, both the point of
delivery and the point of receipt are relevant information that should
be reported in the EQR. Thus, the Commission proposes to require each
party entering into a simultaneous exchange to report both the point of
delivery and the point of receipt associated with the simultaneous
exchange transaction.
    13. To implement this special reporting requirement, the Commission
proposes to add a ``Simultaneous Exchange'' selection (SIMX) to the
Point of Delivery Balancing Authority field (Field 56) in the
Transaction Data section of the EQR. After selecting Simultaneous
Exchange in the Product field (Field 62), EQR filers must
select Simultaneous Exchange (SIMX) in Field 56 to ensure that
Point of Delivery Specific Location field (Field 57) allows
for unrestricted text. In Field 57,\20\ the entity reporting
the transaction should specify the points of both receipt and delivery.
The proposed reporting conventions are described and illustrated in
Appendix B. If no specific reporting requirement is indicated for a
particular field in Appendix B, the general reporting requirements
associated with the EQR Data Dictionary apply.
---------------------------------------------------------------------------

    \20\ EQR filers must select Simultaneous Exchange (SIMX) in
Field 56 to ensure that Field 57 allows for
unrestricted text.
---------------------------------------------------------------------------

III. Information Collection Statement

    14. The Office of Management and Budget (OMB) regulations require
approval of certain information collection requirements imposed by
agency rules.\21\ 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 an agency rule will not be
penalized for failing to respond to these collections of information
unless the collections of information display a valid OMB control
number. The Paperwork Reduction Act (PRA) \22\ requires each federal
agency to seek and obtain OMB approval before undertaking a collection
of information directed to ten or more persons or contained in a rule
of general applicability or addressed to all or a substantial majority
of an industry.\23\
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    \21\ 5 CFR 1320.8.
    \22\ 44 U.S.C. 3501-3520.
    \23\ OMB's regulations at 5 CFR 1320.3(c)(4) require that ``Any
recordkeeping, reporting, or disclosure requirement contained in a
rule of general applicability is deemed to involve ten or more
persons'', or ``Any collection of information addressed to all or a
substantial majority of an industry is presumed to involve ten or
more persons.''
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    15. 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.\24\ OMB's regulations require approval of certain information
collection requirements imposed by agency rules.\25\ The Commission
solicits comments on the Commission's need for this information,
whether the information will have practical utility, the accuracy of
the burden estimates, ways to enhance the quality, utility, and clarity
of the information to be collected or retained, and any suggested
methods for minimizing respondents' burden, including the use of
automated information techniques.
---------------------------------------------------------------------------

    \24\ 44 U.S.C. 3507(d) (2006).
    \25\ 5 CFR 1320.11 (2010).
---------------------------------------------------------------------------

    16. The Commission's estimate of the additional average annual
Public Reporting Burden and cost \26\ related to the proposed rule in
Docket RM01-8-012 follows.
---------------------------------------------------------------------------

    \26\ For purposes of calculating the annual average, the
implementation burden and cost have been averaged, spread over the
3-year period, and added to the recurring burden and cost.

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

[GRAPHIC] [TIFF OMITTED] TP21MR12.002

    17. In calculating the number of respondents per year, the
Commission looked at only those respondents that reported transactions
during 2011. There were 1,143 respondents that filed transaction data
in the EQR in 2011; therefore, the Commission proposes to use 1,143 as
the total number of respondents. Although the Commission estimates the
total number of current respondents to be 1,143, this figure overstates
the number of corporate families filing the EQR because some of the
filings were made separately by affiliates from the same company. For
instance, of the 1,143 unique respondent names, 72 were affiliates of
NextEra Energy. This trend is common among EQR filers.
    18. The Commission recognizes that there will be an increased
burden involved in the initial implementation associated with filing
simultaneous exchange transactions in the EQR. This burden may include
modifying the utility's software to capture the transaction data from
the utility's internal computer systems and to place that data into a
format that captures the new product name ``Simultaneous Exchanges''
and associated data as required by this order. It is difficult to
estimate how many parties use simultaneous exchanges. However, we
believe that many parties currently report their simultaneous exchanges
using the existing Product Name ``Exchange.'' Of the 1,143 respondents
that filed transaction data in 2011, 21 respondents (or approximately 2
percent of the total respondents) filed transaction data using the
Product Name ``Exchange.'' With such a small portion of the population
of respondents using the current ``Exchange'' Product Name, we estimate
that fewer than the 1,143 respondents will be affected if the proposed
Product Name were adopted. In an effort to provide a fair estimate, we
will assume that the percentage of affected respondents will be twice
the current 2 percent that are reporting exchange transactions in the
EQR. We estimate that 4 percent of the respondents, or 46 respondents,
will be affected by the proposed change. For these estimated 46
respondents, we estimate that the additional data requirement will
involve an initial burden of 10 hours.
    19. For the recurring effort involved in filing the EQR each
subsequent quarter, we anticipate that the burden will be minimal,
particularly as filing transaction data will be automated for companies
that have designed their systems to account for the required format. We
have estimated that current filers spend about 16 hours to meet the
existing recurring requirements of filing EQRs. With the additional
proposed Product Name, we estimate that filers' recurring burden will
increase by 0.5 hours.
    Cost to Comply: The Commission has projected the cost of compliance
to be $16,927.77.
    Total Annual Hours for Collection 245.33 hours @ $69 an hour \27\ =
$16,927.77
---------------------------------------------------------------------------

    \27\ It is assumed that this collection of information requires
some effort from many types of employees. Therefore, the Commission
is using an estimate that is derived from an average FERC employee
cost (wages plus benefits), which includes analysts, managers,
attorneys, administrative staff, and others. This methodology
assumes that respondent entities employee costs are similar to FERC
employee costs.
---------------------------------------------------------------------------

    Average cost per entity 16,927.77/46 = $368 (rounded).
    Title: FERC-516, Electric Rate Schedules and Tariff Filings.
    Action: Proposed Modification to Existing Collection.
    OMB Control No. 1902-0096.
    Respondents for this Rulemaking: Businesses or other for profit
and/or not-for-profit institutions.
    Frequency of Information: As indicated in the table.
    Necessity of Information: The Commission is proposing to revise the
EQR Data Dictionary to add ``Simultaneous Exchange'' to the list of
available Product Names in the EQR. This proposal would allow for
greater transparency in wholesale electricity markets through a greater
understanding of these complex exchange transactions. The Commission is
generally concerned that the complexity of simultaneous exchanges may
obscure the true nature of these transactions, and may enable market
participants to circumvent market rules. Thus, in order to enhance
transparency, the Commission believes it is important that EQR filers
report simultaneous exchanges in the EQR.
    Internal Review: The Commission has reviewed the proposed changes
and has determined that the changes are necessary. These requirements
conform to the Commission's need for efficient information collection,
communication, and management within the energy industry. The
Commission has assured itself, by means of internal review, that there
is specific, objective support for the burden estimates associated with
the information collection requirements.
    20. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426 [Attention:
Ellen Brown, Office of the Executive Director], email:
<EMAIL_ADDRESS>Phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>.
    21. Comments on the collections of information and the associated
burden estimates in the proposed rule should be sent to the Commission
in this docket and may also be sent to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington DC
20503 [Attention: Desk

Officer for the Federal Energy Regulatory Commission]. For security
reasons, comments to OMB should be submitted by email to<EMAIL_ADDRESS>Comments submitted to OMB should include Docket
Number RM01-8-012 and OMB Control Number 1902-0096.

IV. Environmental Analysis

    22. 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.\28\ The
actions taken here fall within categorical exclusions in the
Commission's regulations for information gathering, analysis, and
dissemination.\29\ Therefore, an environmental assessment is
unnecessary and has not been prepared in this rulemaking.
---------------------------------------------------------------------------

    \28\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \29\ 18 CFR 380.4(a)(5).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    23. The Regulatory Flexibility Act of 1980 (RFA) \30\ 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 proposed rule and that minimize
any significant economic impact on a substantial number of small
entities. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\31\
The SBA has established a size standard for electric utilities, stating
that a firm is small if, including its affiliates, it is primarily
engaged in the transmission, generation and/or distribution of electric
energy for sale and its total electric output for the preceding twelve
months did not exceed four million megawatt hours.\32\
---------------------------------------------------------------------------

    \30\ 5 U.S.C. 601-612.
    \31\ 13 CFR 121.101.
    \32\ 13 CFR 121.201, Sector 22, Utilities & n.1.
---------------------------------------------------------------------------

    24. Since the proposed change may affect small entities that file
the EQR, the EIA Form 861 was analyzed to determine the potential
impact on these filers. Based on EIA data, 198 public utilities
reported wholesale sales in the Form 861. Of those 198 entities, 56
entities reported a combined total of wholesale and retail sales of
less than 4 million MWh. The Commission expects that fewer than the
identified 56 entities will be impacted by this proposed rule. While
this may be a substantial number, the direct, economic cost is
estimated at $368 per entity. The Commission does not consider this a
significant impact. Furthermore, those small entities that may be
impacted may have IT systems that are capturing the necessary
information and no modifications to those systems may be necessary.
Finally, we note that public utilities may request, on an individual
basis, waiver from the EQR reporting requirements.\33\
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    \33\ The Commission has granted requests for waiver of the EQR
filing requirements. See Bridger Valley Elect. Assoc., Inc., 101
FERC ] 61,146 (2002). Entities with a waiver will continue to have a
waiver and will not need to file a new request for waiver.
---------------------------------------------------------------------------

    25. Based on the above, the Commission certifies this rule will not
have a significant economic impact on a substantial number of small
entities, and therefore no initial regulatory flexibility analysis is
required.

VI. Comment Procedures

    26. 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 60 days from publication in the Federal
Register. Comments must refer to Docket No. RM10-12-000, and must
include the commenter's name, the organization they represent, if
applicable, and their address in their comments.
    27. 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.
    28. Commenters that are not able to file comments electronically
must send an original and 14 copies of their comments to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
    29. 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.

VII. Document Availability

    30. 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 FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426.
    31. From FERC'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. User assistance is available for eLibrary and the FERC's
Web site 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>
    By direction of the Commission.

    Dated: March 15, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

Appendix A: Proposed Addition to Existing EQR Product Names

----------------------------------------------------------------------------------------------------------------
                                           Contract       Transaction
             Product name                  product          product                     Definition
----------------------------------------------------------------------------------------------------------------
SIMULTANEOUS EXCHANGE................         [check]          [check]   Simultaneous exchanges occur when a
                                                                          pair of simultaneously arranged (i.e.,
                                                                          part of the same negotiations)
                                                                          wholesale power transactions between
                                                                          the same counterparties in which party
                                                                          A sells an electricity product to
                                                                          party B at one location and party B
                                                                          sells a similar electricity product to
                                                                          party A at a different location have
                                                                          an overlapping delivery period. The
                                                                          simultaneous exchange is the
                                                                          overlapping portion (both in volume
                                                                          and delivery period) of these
                                                                          wholesale power transactions.
----------------------------------------------------------------------------------------------------------------

Appendix B: Proposed Special Conventions for Reporting Simultaneous
Exchange Transactions

    The Example column is meant for illustrative purposes only and
may not reflect the actual data to be submitted.

------------------------------------------------------------------------
   Field No.       Field name      Special conventions       Example
------------------------------------------------------------------------
46............  Transaction       .....................  T1.
                 Unique ID.
47............  Seller Company    Reporting EQR seller.  Company A.
                 Name.
48............  Customer Company  Counterparty in the    Company B.
                 Name.             simultaneous
                                   exchange.
49............  Customer DUNS     .....................  485948157.
                 Number.
50............  FERC Tariff       .....................  FERC Electric
                 Reference.                               Tariff
                                                          Original
                                                          Volume No. 1.
51............  Contract Service  .....................  SE-34.
                 Agreement ID.
52............  Transaction       .....................  SE-01122012.
                 Unique
                 Identifier.
53............  Transaction       Begin Date/Time of<PHONE_NUMBER>00.
                 Begin Date.       overlapping
                                   transaction.
54............  Transaction End   End Date/Time of<PHONE_NUMBER>00.
                 Date.             overlapping
                                   transaction.
55............  Time Zone.......  .....................  MS.
56............  Point of          List ``SIMX'' to       SIMX.
                 Delivery          represent
                 Balancing         simultaneous
                 Authority.        exchange.
57............  Point of          Indicate the receipt   R: PACE-Bonanza/
                 Delivery          point first with the   D: PACE-Mona.
                 Specific          entry ``R:'' Then
                 Location.         enter a space
                                   followed by the four
                                   letter abbreviation
                                   for the balancing
                                   authority of the
                                   filer's receipt
                                   point followed by a
                                   dash (-) and the
                                   specific location
                                   for the receipt
                                   point. Then enter a
                                   slash (``/'') to
                                   separate the receipt
                                   and delivery point
                                   information. Then
                                   indicate the filer's
                                   delivery point with
                                   the entry ``D:''
                                   Then enter the four
                                   letter abbreviation
                                   of the balancing
                                   authority for the
                                   seller's delivery
                                   point, followed by a
                                   dash (-) and the
                                   specific location
                                   for the delivery
                                   point.
58............  Class Name......  .....................  NF.
59............  Term Name.......  .....................  ST.
60............  Increment Name..  .....................  H.
61............  Increment         .....................  OP.
                 Peaking Name.
62............  Product Name....  List ``SIMULTANEOUS    SIMULTANEOUS
                                   EXCHANGE'' Product     EXCHANGE.
                                   Name.
63............  Transaction       List the amount        50.
                 Quantity.         delivered by the
                                   Seller Company..
64............  Price...........  List the price spread  -10.00.
                                   representing the
                                   amount of net
                                   compensation that
                                   the filing party
                                   received for the
                                   simultaneous
                                   exchange.
65............  Rate Units......  .....................  $/MWH.
66............  Total             .....................  0.
                 Transmission
                 Charge.
67............  Total             .....................  -500
                 Transaction
                 Charge.
------------------------------------------------------------------------

[FR Doc. 2012-6759 Filed 3-20-12; 8:45 am]
BILLING CODE 6717-01-P