[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62242-62249]
[FR Doc No: 2018-26158]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 284

[Docket No. RM96-1-041; Order No. 587-Y]

Standards for Business Practices of Interstate Natural Gas
Pipelines

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission is amending its
regulations to incorporate by reference, with certain enumerated
exceptions, the latest version (Version 3.1) of business practice
standards adopted by the Wholesale Gas Quadrant of the North American
Energy Standards Board (NAESB) applicable to natural gas pipelines in
place of the currently incorporated version (Version 3.0) of those
business practice standards. The revisions made by NAESB in this
version of the standards are designed to clarify the processing of
certain business transactions.

DATES: This rule will become effective February 1, 2019. Compliance
filings required by this rule are due on April 1, 2019 and compliance
with the standards incorporated in this rule is required on and after
August 1, 2019. The incorporation by reference of certain publications
listed in this rule is approved by the Director of the Federal Register
as of February 1, 2019.

FOR FURTHER INFORMATION CONTACT:
    Stanley Wolf (technical issues), Office of Energy Policy and
Innovation, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER>, [email protected].
    Oscar F. Santillana (technical issues), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER>, [email protected].
    Gary D. Cohen (legal issues), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background........................................                  7
II. Discussion.......................................                 11
    A. The NAESB WGQ Version 3.1 Business Practice                    11
     Standards.......................................
    B. NAESB's Process...............................                 20
    C. Adoption of Version 3.1 of the Standards......                 21
    D. Required Compliance Filings...................                 23
III. Implementation Schedule.........................                 24
IV. Notice of Use of Voluntary Consensus Standards...                 26
V. Incorporation by Reference........................                 27
VI. Information Collection Statement.................                 38
VII. Environmental Analysis..........................                 43
VIII. Regulatory Flexibility Act.....................                 44
IX. Document Availability............................                 47
X. Effective Date and Congressional Notification.....                 50

    1. In this Final Rule, the Federal Energy Regulatory Commission
(Commission) amends its regulations at 18 CFR 284.12 to incorporate by
reference, with certain enumerated exceptions, the latest version
(Version 3.1) of business practice standards applicable to interstate
natural gas pipelines adopted by the Wholesale Gas Quadrant (WGQ) of
the North American Energy Standards Board (NAESB) in place of the
currently incorporated version (Version 3.0) of those business practice
standards. Under this Final Rule, interstate natural gas pipelines are
required to file compliance filings with the Commission by April 1,
2019 and are required to comply with the standards incorporated by
reference in this rule on and after August 1, 2019.
    2. The implementation of these standards and regulations will
promote additional efficiency and reliability of the natural gas
industries' operations thereby helping the Commission to carry out its
responsibilities under the Natural Gas Act (NGA).\1\
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    \1\ 15 U.S.C. 717 (2012).
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    3. The NAESB WGQ Version 3.1 package of standards contains a number
of revisions to the NAESB Version 3.0 package of standards. As
explained further below, NAESB adopted two substantive revisions to its
Nominations Related Standards, one to establish a standard rounding
process for elapsed-prorated-scheduled quantity calculations and a
second to revise the specifications for the information to be included
in a nomination request.
    4. NAESB also adopted three minor revisions to the WGQ Electronic
Delivery Mechanism (EDM) Related Standards. First, it has increased the
allowable field length in ASCII Comma Separated Value Files to 3000
characters. Second, NAESB adopted new Standard 4.3.106 to allow
checkboxes and radio buttons in the Transmission Service Providers'
(TSP) Electronic Bulletin Boards (EBB). Third, NAESB modified its
standards to update the operating systems and web browsers that
entities should support on behalf of users. Additionally, clarifying
language was added to the Secure Sockets Layer (SSL)/Transport Layer
Security (TLS) protocols.
    5. Other changes adopted by NAESB included changes to the NAESB WGQ
data sets and other technical implementation documentation as well as
revisions to the Flowing Gas Related data sets and technical
implementation. In addition, NAESB revised the Imbalance Trade data set
and revised two Sender's Option data elements. NAESB also adopted
revisions to the Capacity Release Related data sets and technical
implementation and revised Standard 6.3.1 (i.e., the NAESB Base
Contract for Sale and Purchase of Natural Gas) to add language
directing users to NAESB's copyright disclaimer posted on the NAESB
website. Identical language was added to three additional NAESB WGQ
Contracts.
    6. Lastly, NAESB adopted modifications to add a self-identification
provision that assists end

users in determining whether counterparties are commercial market
participants as defined by the United States Commodity Futures Trading
Commission.

I. Background

    7. Since 1996, the Commission has adopted regulations to
standardize the business practices and communication methodologies of
interstate natural gas pipelines to create a more integrated and
efficient pipeline grid. These regulations have been promulgated in the
Order No. 587 series of orders,\2\ wherein the Commission has
incorporated by reference standards for interstate natural gas pipeline
business practices and electronic communications that were developed
and adopted by NAESB's WGQ. Upon incorporation by reference, this
version of these standards will become part of the Commission's
regulations and compliance by interstate natural gas pipelines will
become mandatory and will replace the earlier version of these
standards that the Commission previously incorporated by reference in
2015.\3\
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    \2\ This series of orders began with the Commission's issuance
of Standards for Business Practices of Interstate Natural Gas
Pipelines, Order No. 587, FERC Stats. & Regs. ] 31,038 (1996)
(cross-referenced at 76 FERC ] 61,042).
    \3\ Standards for Business Practices of Interstate Natural Gas
Pipelines, Order No. 587-W, FERC Stats. & Regs. ] 31,373 (2015)
(Order No. 587-W) (cross-referenced at 153 FERC ] 61,061).
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    8. On September 29, 2017, NAESB filed a report informing the
Commission that it had adopted and ratified WGQ Version 3.1 of its
business practice standards applicable to natural gas pipelines. The
NAESB report identifies all the changes made to the Version 3.0
Standards and summarizes the deliberations that led to the changes. It
also identifies changes to the existing standards that were considered
but not adopted due to a lack of consensus or other reasons.
    9. On August 21, 2018, the Commission issued a Notice of Proposed
Rulemaking proposing to amend its regulations to incorporate by
reference, with certain enumerated exceptions, the NAESB WGQ Version
3.1 business practice standards (referenced above) applicable to
natural gas pipelines.\4\
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    \4\ Standards for Business Practices of Interstate Natural Gas
Pipelines, Notice of Proposed Rulemaking, 83 FR 44521 (Aug. 31,
2018), FERC Stats. & Regs. ] 32,728 (2018) (Version 3.1 NOPR).
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    10. In response to the Version 3.1 NOPR, Tennessee Valley Authority
(TVA) and the Interstate Natural Gas Association of America (INGAA)
filed comments. TVA expresses support for the Commission's proposal to
incorporate by reference NAESB's WGQ Version 3.1 business practice
standards. INGAA also supports the Commission's proposal in the Version
3.1 NOPR, but urges the Commission to ensure that implementation of a
Final Rule in this proceeding does not occur prior to April 1, 2019,
after the winter heating season. INGAA states that implementation of a
Final Rule in this proceeding will require substantial time and effort
from both pipelines and their customers to alter business systems,
scheduling, and coordination processes and, thus, it would be best to
schedule implementation to not occur during the winter heating season.

II. Discussion

A. The NAESB WGQ Version 3.1 Business Practice Standards

    11. The NAESB WGQ Version 3.1 Business Practice Standards made a
number of modifications to the earlier version of those standards that
the Commission previously incorporated by reference in 2015 in Order
No. 587-W.\5\ Notable among these modifications \6\ were two
substantive revisions concerning the Nominations Related Standards,
which govern shipper requests to schedule service on natural gas
pipelines. One revision adds a new provision, Standard 1.3.82, to
establish a standard rounding process (requiring calculations to at
least the seventh decimal place) for elapsed-prorated-scheduled
quantity \7\ calculations to provide for needed numerical uniformity
and granularity for users of these NAESB procedures. The other
Nominations Related Standards revision was to revise the ``Service
Requester'' element of Standard 1.3.27,\8\ which specifies some of the
information that should be included in a nomination request, from a
Mandatory designation to a Business Conditional \9\ designation. Thus,
instead of forcing a specific upstream or downstream (unthreaded)
nomination \10\ to be tied to a specific contract (using a specific
threaded nomination), upstream nominations may now be distributed among
several contracts (using a Pathed Non-Threaded nomination structure),
which generally increases flexibility to customers.
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    \5\ Order No. 587-W, FERC Stats. & Regs. ] 31,373.
    \6\ An abbreviated description of these modifications is
provided at PP 3-6 above.
    \7\ Standard 1.2.12 of the Nominations Related Standards defines
the elapsed-prorated-scheduled quantity to mean:
    That portion of the scheduled quantity that would have
theoretically flowed up to the effective time of the intraday
nomination being confirmed, based upon a cumulative uniform hourly
quantity for each nomination period affected.
    \8\ NAESB also made conforming revisions to the related data
sets and documents: Standard 1.4.1 of the Nomination data set,
Standard 1.4.5 of the Scheduled Quantity data set, Standard 2.4.4 of
the Shipper Imbalance data set, Standard 1.4.2 of the Nomination
Quick Response data set, Standard 2.4.1 of the Pre-Determined
Allocation document, and Standard 2.4.3 of the Allocation document.
    \9\ Standard 1.2.2 of the Nominations Related Standards provides
that a Business Conditional data element is one that is based on
current variations in business practice.
    \10\ NAESB's Nomination Data Dictionary, WGQ Version 3.1,
Standard 1.4.1, retains from the Version 3.0 standard the field for
``Model Type Data'' that identifies which of three types of
nomination structures is being used. These are: Pathed, Non-Pathed,
and Pathed Non-Threaded. Having these three types of model type data
allows specificity as to the details of the nomination. A pathed
nomination uses one nomination line item to transact business and,
therefore, has one transaction type. A non-pathed nomination uses
two nomination line items to transact business and, therefore, has
two transaction types. A pathed non-threaded nomination uses three
nomination line items to transact business and, therefore, has three
transaction types.
    NAESB also provides the following clarification of these
concepts in the description of the technical implementation of
business processes included as part of Standard 1.4.1, where NAESB
explains that:
    [a] ``Pathed'' nomination is actually a ``Pathed Threaded''
nomination because (1) the physical path of the pipeline locations
and service contract(s) is fully described in the nomination, and
(2) the logical thread of a specific supplier entity to a specific
market entity at specific pipeline locations for a specific quantity
is also fully described. ``Non-Pathed'' nominations are actually
``Non-Pathed Non-Threaded'' nominations because (1) physical
``location-to-location'' paths are not described in the nominations,
and (2) no ties of specific supply entities to specific market
entities are established. And for ``Pathed Non-Threaded''
nominations, (1) the physical path of the pipeline locations,
service contract(s), and quantity is fully described, and (2) no
ties of specific supply entities to specific market entities are
established. See NAESB WGQ Version 3.1 Business Practice Standards,
Nominations Related Standards, Standard 1.4.1, at 87 (Sep. 29,
2017).
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    12. NAESB also adopted three minor revisions to the WGQ EDM Related
Standards, which establish the framework for the electronic
dissemination and communication of information between parties in the
North American Wholesale Gas marketplace. First, NAESB revised Standard
4.3.80 to increase the allowable field length in ASCII Comma Separated
Value Files to 3000 characters. The revision increases the amount of
information that can be conveyed, but reasonably limits it in
conformity with commonly used software such as Excel. Second, NAESB
adopted new Standard 4.3.106 to allow checkboxes and radio buttons in
the TSPs' EBBs to indicate ``Yes'' and/or ``No'' responses to data
elements, which NAESB states is more convenient than the current drop
down list. Third, NAESB revised its standards to update the operating
systems and web browsers that entities should support to allow

users to take advantage of recent developments in computer technology
and use. Additionally, language was added to clarify the SSL/TLS
protocols, which encrypt data to hide information from electronic
observers on the internet. The revised standard provides guidance on
the timing for adoption of a new version of SSL/TLS protocols--new
versions of these protocols should be used within 9 months of the
version becoming generally available. In addition, the revised standard
clarifies that SSL is a colloquial term that encompasses both SSL and
TLS.
    13. Other changes adopted by NAESB included changes to the NAESB
WGQ data sets and other technical implementation documentation, which
provide the technical support necessary to use the NAESB standards
effectively. One such change was to add a new Business Conditional data
element ``Agent'' and corresponding technical implementation to the
Nominations related Standard 1.4.1 and the Scheduled Quantity Standard
1.4.5. Currently, in the data sets, the Service Requester is defined as
the Shipper or its Agent; however, language included in the
implementation guides states that both the Shipper and Agent will be
identified. Thus, this change adds a data element ``Agent'' to the data
sets to allow the Service Requestor to identify both the shipper and
its agent if it uses an agent to nominate and schedule on the pipeline.
    14. NAESB also adopted revisions to the Flowing Gas Related data
sets and technical implementation, which address quantitative issues
relating generally to allocation, imbalances, and measurement of
flowing gas. Specifically, NAESB added three Business Conditional data
elements to the Authorization to Post Imbalances data set (Standard
2.4.9). The addition of the three data elements will allow a Service
Requester to authorize specific contracts and quantities of imbalances
for specified periods of time to be posted.
    15. In addition, NAESB revised the Imbalance Trade data set
(Standard 2.4.11) to reinstate language providing the confirming party
the ability to reject a trade in the Imbalance Trade data set when an
auto-confirm agreement with a confirming party is in place. NAESB
states that in its WGQ Version 2.1 publication, before the Imbalance
Trading data sets were consolidated, the Imbalance Trade Confirmation
contained a Yes/No indicator that the confirming party could use to
indicate its acceptance or rejection of the trade. This indicator
informed a pipeline whether the confirming party agreed to the terms of
the trade that the initiating trader had posted. When the data sets
were consolidated, this data element was dropped because it was assumed
that if a confirming party did not agree with the posted terms it would
not confirm the trade, which was effective only if the pipeline did not
have an auto-confirm agreement with that confirming party. Accordingly,
to address situations where there are auto-confirm agreements, NAESB
has now revised Standard 2.4.11 to add a new Business Conditional data
element ``Imbalance Trade Response'' with an ``Accept/Reject'' code
value. This Accept/Reject indicator informs the pipeline whether the
confirming party agrees to the terms of the trade that the initiating
trader had posted.
    16. NAESB also revised Standard 2.4.6 to add two Sender's Option
data elements,\11\ ``Comments'' and ``Volume-Uncorrected'' to the
Measured Volume Audit Statement \12\ in order to communicate raw data
on volumes in addition to the final volumes, which are communicated
through the existing data element ``Volume Corrected.'' Thus, users
will now be able to indicate what initial data they received in
addition to how that data was ultimately corrected, and to provide
comments concerning that data, which relate to what meter was used to
measure the data.
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    \11\ Nominations Related Standard 1.2.2 provides that Sender's
Option means that this element is an option for the sender to send
and, if sent, the receiver should store and use the contents of the
data element.
    \12\ NAESB's business process and practices overview of the
Flowing Gas Related Standards states that the Measured Volume Audit
Statement data set is used to report gas measurement information in
support of the allocation, imbalance, invoice and audit processes.
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    17. NAESB also adopted revisions to the Capacity Release Related
data sets and technical implementation. Specifically, NAESB revised
Standard 5.4.24 to add a new Business Conditional data element, ``Waive
Bidder Credit Indicator'' and corresponding code values to the Offer
data set. The additional data element indicates to a Bidder whether the
Releasing Shipper will waive, pursuant to the TSP's tariff, the
Bidder's creditworthiness pre-qualification.
    18. Further, NAESB revised Standard 6.3.1 (i.e., the NAESB Base
Contract for Sale and Purchase of Natural Gas) to add language to the
disclaimer to provide a copyright notification and direct the reader to
the NAESB Copyright Policy and Companies with Access to NAESB Standards
under the Copyright Policy posted on the NAESB website. Identical
language was added to three additional NAESB WGQ Contracts.
    19. Lastly, NAESB adopted modifications to the cover page of
Standard 6.3.1 to add a self-identification provision that assists end
users in determining whether counterparties are commercial market
participants as defined by the United States Commodity Futures Trading
Commission.

B. NAESB's Process

    20. NAESB used its consensus procedures to develop and approve the
Version 3.1 Standards. As the Commission found in Order No. 587, the
adoption of consensus standards is appropriate, because the consensus
process helps ensure the reasonableness of the standards by requiring
that the standards draw support from a broad spectrum of industry
participants representing all segments of the industry. Moreover, since
the industry itself must conduct business under these standards, the
Commission's regulations should reflect those standards that have the
widest possible support. In section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (NTT&AA),\13\ Congress
affirmatively requires federal agencies to use technical standards
developed by voluntary consensus standards organizations, like NAESB,
as means to carry out policy objectives or activities determined by the
agencies unless an agency determines that the use of such standards
would be inconsistent with applicable law or otherwise impractical.
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    \13\ Public Law 104-113, 12(d), 110 Stat. 775 (1996).
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C. Adoption of Version 3.1 of the Standards

    21. In the Version 3.1 NOPR, the Commission proposed to incorporate
by reference, in its regulations, Version 3.1 of the NAESB WGQ
consensus business practice standards, with the exception of NAESB's
standards specifying the terms of optional model contracts and the
eTariff-related standards.\14\ As explained above, all of the
commenters supported the Commission's proposal to incorporate by
reference the NAESB WGQ Version 3.1 business practice standards as
proposed in the Version 3.1 NOPR.\15\
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    \14\ Version 3.1 NOPR, FERC Stats. & Regs. ] 32,728 at n.1 &
P16.
    \15\ INGAA's suggestions for the implementation dates for the
Final Rule are discussed separately in section III below.
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    22. After a review of the comments filed in response to the Version
3.1 NOPR, the Commission amends Part 284 of its regulations to
incorporate by

reference the NAESB WGQ Version 3.1 business practice standards, with
the exceptions (as explained in the Version 3.1 NOPR) of the optional
model contracts and the eTariff-related standards.

D. Required Compliance Filings

    23. To implement the standards we are incorporating by reference in
this Final Rule, we will require each interstate natural gas pipeline
to file a separate tariff record reflecting the changed standards by
April 1, 2019, to take effect on August 1, 2019, and the natural gas
pipelines will be required to comply with these standards on and after
August 1, 2019.\16\
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    \16\ To aid in compliance, promptly after issuance of this Final
Rule, the Commission will post a sample tariff record on the
Commission's website that may be accessed at http://www.ferc.gov/docs-filing/elibrary.asp. All interstate natural gas pipelines are
to file their tariff records in conformance with this sample tariff
record.
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III. Implementation Schedule

    24. As suggested by INGAA, we have selected an implementation
schedule for compliance with this Final Rule that delays implementation
until after the winter heating period. We also observe that none of the
comments took issue with the Commission's explanation of its policies
on tariff filings and on waiver requests. Thus, we are not modifying
these policies in this Final Rule and stand by the explanation of those
policies we made in the Version 3.1 NOPR. The Commission will require
interstate natural gas pipelines to comply with the revised NAESB
standards that we are incorporating by reference in this Final Rule
beginning on August 1, 2019. We are adopting this implementation
schedule to give the interstate natural gas pipelines subject to these
standards adequate time to implement these changes. In addition, the
interstate natural gas pipelines must file tariff records to reflect
the changed standards by April 1, 2019.
    25. In addition, consistent with the requirements in Order No. 587-
W,\17\ the Commission is including the following compliance filing
requirements to increase the transparency of the pipelines'
incorporation by reference of the NAESB WGQ Standards so that shippers
and the Commission will know which tariff provision(s) implements each
standard as well as the status of each standard.
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    \17\ Order No. 587-W, FERC Stats. & Regs. ]31,373 at P 42.
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    (1) The pipelines must designate a single tariff record under which
every NAESB standard currently incorporated by reference by the
Commission is listed.\18\ This section should be a separate tariff
record under the Commission's electronic tariff filing requirement and
should be filed electronically using the eTariff portal using the Type
of Filing Code 580. The Commission will post on its eLibrary website
(under Docket No. RM96-1-041) a sample tariff record, to provide filers
an illustrative example to aid them in preparing their compliance
filings; \19\
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    \18\ See supra n.14.
    \19\ Id.
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    (2) For each standard, each pipeline must specify in the tariff
record a list of all the NAESB standards currently incorporated by
reference by the Commission:
    (a) whether the standard is incorporated by reference;
    (b) for those standards not incorporated by reference, the tariff
provision that complies with the standard; \20\ and
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    \20\ For example, pipelines are required to include the full
text of the NAESB nomination and capacity release timeline standards
(WGQ Standards 1.3.2(i-vi) and 5.3.2) in their tariffs. See, e.g.,
Standards for Business Practices of Interstate Natural Gas
Pipelines, Order No. 587-U, FERC Stats. & Regs. ] 31,307, at P 39 &
n.42 (2010). Each pipeline's submittal is to identify which tariff
provision complies with each of these standards.
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    (c) a statement identifying any standards for which the pipeline
has been granted a waiver, extension of time, or other variance with
respect to compliance with the standard.\21\
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    \21\ Shippers can use the Commission's electronic tariff system
to locate the tariff record containing the NAESB standards, which
will indicate the docket in which any waiver or extension of time
was granted.
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    (3) If the pipeline is requesting a continuation of an existing
waiver or extension of time, it must include a table in its transmittal
letter that states the standard for which a waiver or extension of time
was granted, and the docket number or order citation to the proceeding
in which the waiver or extension of time was granted.

IV. Notice of Use of Voluntary Consensus Standards

    26. Office of Management and Budget (OMB) Circular A-119 (section
11) (February 10, 1998) provides that federal agencies should publish a
request for comment in a NOPR when the agency is seeking to issue or
revise a regulation proposing to adopt a voluntary consensus standard
or a government-unique standard. In this Final Rule, the Commission is
amending its regulations to incorporate by reference voluntary
consensus standards developed by NAESB's WGQ. In section 12(d) of
NTT&AA, Congress affirmatively requires federal agencies to use
technical standards developed by voluntary consensus standards
organizations to carry out policy objectives or activities determined
by the agencies unless use of such standards would be inconsistent with
applicable law or otherwise impractical.\22\
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    \22\ Public Law 104-113, 12(d), 110 Stat. 775 (1996), 15 U.S.C.
272 note (1997).
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V. Incorporation by Reference

    27. The Office of the Federal Register requires agencies
incorporating material by reference in final rules to discuss, in the
preamble of the final rule, the ways that the materials it incorporates
by reference are reasonably available to interested parties and how
interested parties can obtain the materials.\23\ The regulations also
require agencies to summarize, in the preamble of the final rule, the
material it incorporates by reference.
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    \23\ 1 CFR 51.5. See Incorporation by Reference, 79 FR 66267
(Nov. 7, 2014).
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    28. The NAESB standards being incorporated by reference in this
Final Rule consist of seven suites of NAESB WGQ Business Practice
Standards that touch on a variety of topics and are designed to
streamline the transactional processes for the wholesale gas industry
by promoting a more competitive and efficient market. These include the
WGQ Additional Business Practice Standards; WGQ Nominations Related
Business Practice Standards; WGQ Flowing Gas Related Business Practice
Standards; Invoicing Related Business Practice Standards; Quadrant EDM
Related Business Practice Standards; Capacity Release Related Business
Practice Standards; and internet Electronic Transport Related Business
Practice Standards. These can be summarized as follows.
    29. The WGQ Additional Business Practice Standards address six
areas: Creditworthiness, Storage Information, Gas/Electric Operational
Communications, Operational Capacity, Unsubscribed Capacity, and
Location Data Download.
     The Creditworthiness related standards describe
requirements for the exchange of information, notification, and
communication between parties during the creditworthiness evaluation
process.
     The Storage Information related standards define the
information to be provided to natural gas service requesters related to
storage activities and/or balances.
     The Gas/Electric Operational Communications related
standards define communication protocols intended to improve
coordination

between the gas and electric industries in daily operational
communications between transportation service providers and gas-fired
power plants. The standards include requirements for communicating
anticipated power generation fuel for the upcoming day as well as any
operating problems that might hinder gas-fired power plants from
receiving contractual gas quantities.
     The Operational Capacity related standards define
requirements of the transportation service provider related to the
reporting and requesting of a transportation service provider's
operational capacity, total scheduled quantity, and operationally
available capacity.
     The Unsubscribed Capacity related standards define
requirements of the transportation service provider related to
reporting and requesting a transportation service provider's available
unsubscribed capacity.
     The Location Data Download related standards define
requirements for the use of codes assigned by the transportation
service provider for locations and common codes for parties
communicating electronically.
    30. The WGQ Nominations Related Business Practice Standards define
the process by which a natural gas service requester with a natural gas
transportation contract nominates (or requests) service from a pipeline
or a transportation service provider for the delivery of natural gas.
    31. The WGQ Flowing Gas Related Business Practice Standards define
the business processes related to the communication of entitlement
rights of flowing gas at a location, of the entitlement rights on a
contractual basis, of the management of imbalances, and of the
measurement and gas quality information of the actual flow of gas.
    32. The Invoicing Related Business Practice Standards define the
process for the communication of charges for services rendered
(Invoice), communication of details about funds rendered in payment for
services rendered (Payment Remittance), and communication of the
financial status of a customer's account (Statement of Account).
    33. The Quadrant Electronic Delivery Mechanism Related Business
Practice Standards define the framework for the electronic
dissemination and communication of information between parties in the
North American wholesale gas marketplace for Electronic Data
Interchange (EDI)/EDM transfers, batch flat file/EDM transfers,
informational postings websites, EBB/EDM and interactive flat file/EDM.
    34. The Capacity Release Related Business Practice Standards define
the business processes for communication of information related to the
selling of all or any portion of a transmission service requester's
contract rights.
    35. The Internet Electronic Transport Related Business Practice
Standards define the implementation of various technologies necessary
to communicate transactions and other electronic data using standard
protocols for electronic commerce over the internet between trading
partners.
    36. Our regulations provide that copies of the NAESB standards
incorporated by reference may be obtained from NAESB, whose offices are
located at 801 Travis Street, Suite 1675, Houston, TX 77002, Phone:
(713) 356-0060. NAESB's website can be accessed at https://www.naesb.org//. Copies of the NAESB standards may be inspected at the
Federal Energy Regulatory Commission, Public Reference and Files
Maintenance Branch, 888 First Street NE, Washington, DC 20426, Phone:
(202) 502-8371, http://www.ferc.gov.\24\
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    \24\ 18 CFR 284.12.
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    37. NAESB is a private, consensus standards developer that develops
voluntary wholesale and retail standards related to the energy
industry. The procedures utilized by NAESB make its standards
reasonably available to those affected by the Commission
regulations.\25\ Participants can join NAESB, for an annual membership
cost of $7,000, which entitles them to full participation in NAESB and
enables them to obtain these standards at no additional cost.\26\ Non-
members may obtain the Individual Standards Manual or Booklet for each
of the seven manuals or booklets by email for $250 per manual or
booklet, which in the case of these standards would total $1,750.\27\
Non-members also may obtain the complete set of Business Practice
Standards on USB flash drive for $2,000. NAESB also provides a free
electronic read-only version of the standards for a three business day
period or, in the case of a regulatory comment period, through the end
of the comment period.\28\ In addition, NAESB considers requests for
waivers of the charges on a case-by-case basis based on need.
---------------------------------------------------------------------------

    \25\ As a private, consensus standards developer, NAESB needs
the funds obtained from its membership fees and sales of its
Individual Standards Manual or Booklet to finance the organization.
The parties affected by these Commission regulations generally are
highly sophisticated and have the means to acquire the information
they need to effectively participate in Commission proceedings.
    \26\ NAESB Membership Application, https://www.naesb.org/pdf4/naesbapp.pdf.
    \27\ NAESB Materials Order Form, https://www.naesb.org/pdf/ordrform.pdf.
    \28\ Procedures for non-members to evaluate work products before
purchasing are available at https://www.naesb.org/misc/NAESB_Nonmember_Evaluation.pdf. See Incorporation by Reference, 79
FR at 66271, n.51 & 53 (Nov. 7, 2014) (citing to NAESB's procedure
of providing ``no-cost, no-print electronic access,'' NAESB Comment,
at 1, available at http://www.regulations.gov/#!documentDetail;D=OFR-2013-0001-0023).
---------------------------------------------------------------------------

VI. Information Collection Statement

    38. The collections of information for this Final Rule are being
submitted to OMB for review under section 3507(d) of the Paperwork
Reduction Act of 1995 \29\ and OMB's implementing regulations.\30\ OMB
must approve information collection requirements imposed by agency
rules. The burden estimates for this Final Rule are for one-time
implementation of the information collection requirements of this Final
Rule (including tariff filing, documentation of the process and
procedures, and IT work), and ongoing burden.
---------------------------------------------------------------------------

    \29\ 44 U.S.C. 3507(d).
    \30\ 5 CFR 1320.
---------------------------------------------------------------------------

    39. The Commission solicited comments from the public on the
Commission's need for this information, whether the information will
have practical utility, the accuracy of the burden estimates,
recommendations to enhance the quality, utility, and clarity of the
information to be collected, and any suggested methods for minimizing
respondents' burden, including the use of automated information
techniques. No comments were filed raising any objections to the burden
estimate presented in the Version 3.1 NOPR. Accordingly, we will use
that same burden estimate in this Final Rule.
    40. The collections of information related to this Final Rule fall
under FERC-545B (Gas Pipeline Rates: Rate Change (Non-Formal)) \31\ and
FERC-549C (Standards for Business Practices of Interstate Natural Gas
Pipelines).\32\ The following estimates of reporting burden are related
only to this Final Rule and include the costs to pipelines to comply
with the Commission's directives in this Final Rule. The burden
estimates are primarily related to start-up to implement these
standards and regulations and will not result in ongoing costs.
---------------------------------------------------------------------------

    \31\ FERC-545B covers rate change filings made by natural gas
pipelines, including tariff changes.
    \32\ FERC-549C covers Standards for Business Practices of
Interstate Natural Gas Pipelines.

                                                                  RM96-1-041 Final Rule
                                         [Standards for business practices of interstate natural gas pipelines]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Number of     Annual number                                                                             Annual costs
                                  respondents    of responses    Total number      Average burden hr. per    Total annual burden hours &  per respondent
                                     \33\       per respondent   of responses             response              total annual cost \34\          ($)
                                           (1)             (2)     (1) * (2) =  (4)........................  (3) * (4) = (5)............       (5) * (1)
                                                                           (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-545B (one-time)..........             165               1             165  10 hrs.; $1,020............  1,650 hrs.; $168,000.......          $1,020
FERC-549C (one-time)..........             165               1             165  22 hrs.; $2,244............  3,630 hrs.; $370,260.......           2,244
                               -------------------------------------------------------------------------------------------------------------------------
    Total.....................  ..............  ..............             330  ...........................  5,280 hrs.; 538,560........  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The one-time burden (for both the FERC-545B and FERC-549C) will be
averaged over three years:
---------------------------------------------------------------------------

    \33\ The number of respondents is the number of entities in
which a change in burden from the current standards to the proposed
exists, not the total number of entities from the current or
proposed standards that are applicable.
    \34\ The estimated hourly cost (salary plus benefits) provided
in this section is based on the salary figures for May 2017 posted
by the Bureau of Labor Statistics for the Utilities sector (Bureau
of Labor Statistics, May 2017 National Industry-Specific
Occupational Employment and Wage Estimates (May 2017), http://www.bls.gov/oes/current/naics2_22.htm#13-0000) and scaled to reflect
benefits using the relative importance of employer costs in employee
compensation from May 2017 (Bureau of Labor Statistics, May 2017
National Industry-Specific Occupational Employment and Wage
Estimates (May 2017), https://www.bls.gov/oes/current/naics2_22.htm). The hourly estimates for salary plus benefits are:
    Computer and Information Systems Manager (Occupation Code: 11-
3021), $96.51
    Electrical Engineer (Occupation Code: 17-2071), $66.90
    Legal (Occupation Code: 23-0000), $143.68
    The average hourly cost (salary plus benefits), weighting all of
these skill sets evenly, is $102.36. The Commission rounds it to
$102/hour.

FERC-545B: 1,650 hours / 3 = 550 hours/year over three years
FERC-549C: 3,630 hours / 3 = 1,210 hours/year over three years

    The number of responses is also averaged over three years (for both
the FERC-545 and FERC-549C):

FERC-545B: 165 responses / 3 = 55 responses/year
FERC-549C: 165 responses / 3 = 55 responses/year

    The responses and burden for Years 1-3 will total respectively as
follows:

Year 1: 55 responses; 550 hours (FERC-545B); 1,210 hours (FERC-549C)
Year 2: 55 responses; 550 hours (FERC-545B); 1,210 hours (FERC-549C)
Year 3: 55 responses; 550 hours (FERC-545B); 1,210 hours (FERC-549C)

    41. OMB regulations require OMB to approve certain information
collection requirements imposed by agency rule. The Commission is
submitting notification of this Final Rule to OMB. These information
collections are mandatory requirements.
    Title: FERC-545B,\35\ Gas Pipeline Rates: Rates Change (Non-
Formal); FERC-549C, Standards for Business Practices of Interstate
Natural Gas Pipelines.
---------------------------------------------------------------------------

    \35\ In the supporting statement for the NOPR, we submitted Gas
Pipeline Rates: Rate Changes (Non-Formal) under the temporary
information collection FERC-545B to ensure timely submission to OMB
as another unrelated item was pending OMB review under FERC-545 (and
only one item per collection can be pending at OMB). FERC-545B will
also be used for the Final Rule in Docket No. RM96-1-041.
---------------------------------------------------------------------------

    Action: Proposed information collections.
    OMB Control Nos.: TBD (FERC-545B), 1902-0174 (FERC-549C).
    Respondents: Business or other for profit (e.g., Natural Gas
Pipelines, applicable to only a few small businesses).
    Frequency of Responses: One-time implementation (related to
business procedures, capital/start-up).
    Necessity of Information: The Commission has determined that the
revisions the Commission makes in this Final Rule to its regulations
specifically will upgrade the business practices and communication
standards of natural gas pipelines by (1) updating the Nominations
Related Standards to standardize a rounding process for the elapsed-
prorated-scheduled quantity calculation, and dictate that the ``Service
Requester Contract'' data element signify business conditional
nominations, rather than mandatory nominations, (2) updating the WGQ
EDM Related Standards to make three minor revisions designed to add
clarity, update the minimum technical characteristics to account for
changes in technology since the previous version (Version 3.0) of the
WGQ standards, and update the minimum and suggested operating systems
and web browsers that entities should support, and (3) revising the
NAESB WGQ data sets or other technical implementation documentation
while not resulting in modifications to the underlying business
practice standards. The package of standards also includes minor
corrections.
    The implementation of these data requirements will provide
additional transparency to informational posting websites and will
improve communication standards. The implementation of these standards
and regulations will promote the additional efficiency and reliability
of the natural gas industries' operations thereby helping the
Commission to carry out its responsibilities under the NGA. In
addition, the Commission's Office of Enforcement will use the data for
general industry oversight.
    Internal Review: The Commission has reviewed the business practice
standards of natural gas pipelines adopted by NAESB and has determined
that the revisions the Commission makes in this Final Rule to its
regulations are necessary to provide additional transparency to
informational posting websites and promote the additional efficiency
and reliability of the natural gas industry's operations. These
requirements conform to the Commission's plan for efficient information
collection, communication, and management within the natural gas
pipeline industry. The Commission has assured itself, by means of its
internal review, that there is specific, objective support for the
burden estimates associated with the information requirements.
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 protected], phone: (202)
502-8663, fax:<PHONE_NUMBER>.
    42. Comments concerning the collection of information(s) and the
associated burden estimate(s) should be sent to the contact listed
above and to OMB, Office of Information and Regulatory Affairs,
Washington, DC 20503 [Attention: Desk Officer for the

Federal Energy Regulatory Commission, telephone:<PHONE_NUMBER>, fax:
(202) 395-4718].

VII. Environmental Analysis

    43. The Commission concludes that neither an Environmental
Assessment nor an Environmental Impact Statement is required for this
Final Rule under Sec.  380.4(a) of the Commission's regulations, which
provides a categorical exemption for actions that are clarifying,
corrective, or procedural, or that do not substantively change the
effect of legislation or regulations being amended, for information
gathering, analysis, and dissemination, or for the sale, exchange, or
transportation of natural gas under sections 4, 5, and 7 of the NGA
that require no construction of facilities.\36\ Therefore, an
environmental review is unnecessary and has not been prepared as part
of this Final Rule.
---------------------------------------------------------------------------

    \36\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(27).
---------------------------------------------------------------------------

VIII. Regulatory Flexibility Act

    44. The Regulatory Flexibility Act of 1980 (RFA) \37\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The Commission is not required to make such analysis if proposed
regulations would not have such an effect.
---------------------------------------------------------------------------

    \37\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    45. As we stated in the WGQ Version 3.1 NOPR, approximately 165
interstate natural gas pipelines, both large and small, are potential
respondents subject to the requirements adopted by this rule. Most of
the natural gas pipelines regulated by the Commission do not fall
within the RFA's definition of a small entity,\38\ which is currently
defined for natural gas pipelines as a company that, in combination
with its affiliates, has total annual receipts of $27.5 million or
less.\39\ For the year 2018, only eleven companies not affiliated with
larger companies had annual revenues in combination with its affiliates
of $27.5 million or less and therefore could be considered a small
entity under the RFA. This represents about seven percent of the total
universe of potential respondents that may have a significant burden
imposed on them. The Commission estimates that the one-time
implementation cost of the proposals in this Final Rule is $538,560 (or
$3,264 per entity, regardless of entity size).\40\ The Commission does
not consider the estimated $3,264 impact per entity to be significant.
Moreover, these requirements are designed to benefit all customers,
including small businesses that must comply with them. Further, as
noted above, adoption of consensus standards helps ensure the
reasonableness of the standards by requiring that the standards draw
support from a broad spectrum of industry participants representing all
segments of the industry. Because of that representation and the fact
that industry conducts business under these standards, the Commission's
regulations should reflect those standards that have the widest
possible support.
---------------------------------------------------------------------------

    \38\ See 5 U.S.C. 601(3) citing section 3 of the Small Business
Act (SBA), 15 U.S.C. 623. Section 3 of the SBA defines a ``small-
business concern'' as a business which is independently owned and
operated and which is not dominant in its field of operation.
    \39\ 13 CFR 121.201 (Subsector 486-Pipeline Transportation;
North American Industry Classification System code 486210; Pipeline
Transportation of Natural Gas) (2018). ``Annual Receipts'' are total
income plus cost of goods sold.
    \40\ This number is derived by dividing the total cost figure by
the number of respondents. $538,560/165 = $3,264.
---------------------------------------------------------------------------

    46. Accordingly, pursuant to Sec.  605(b) of the RFA,\41\ the
regulations being promulgated herein should not have a significant
economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \41\ 5 U.S.C. 605(b).
---------------------------------------------------------------------------

IX. Document Availability

    47. 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 5:00
p.m. Eastern time) at 888 First Street NE, Room 2A, Washington DC
20426.
    48. 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.
    49. User assistance is available for eLibrary and the FERC'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 protected], or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
[email protected].

X. Effective Date and Congressional Notification

    50. These regulations are effective February 1, 2019. The
Commission has determined (with the concurrence of the Administrator of
the Office of Information and Regulatory Affairs of OMB) that this rule
is not a ``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. This Final Rule is being
submitted to the Senate, House, and Government Accountability Office.

List of Subjects in 18 CFR Part 284

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

    By the Commission. Commissioner McIntyre is not voting on this
order.

    Issued: November 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission amends part 284,
chapter I, title 18, Code of Federal Regulations, as follows:

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

0
1. 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.

0
2. Section 284.12 is amended by:
0
a. Revising paragraph (a)(1); and
0
b. Removing from paragraph (a)(2) the phrase ``http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html'' and
adding ``www.archives.gov/federal-register/cfr/ibr-locations.html'' in
its place.
    The revision reads as follows:

Sec.  284.12  Standards for pipeline business operations and
communications.

    (a) * * *
    (1) An interstate pipeline that transports gas under subparts B or
G of this part must comply with the business practices and electronic
communications standards as promulgated by the North American Energy
Standards Board, as incorporated herein by reference in paragraphs
(a)(1)(i) through (vii) of this section.
    (i) Additional Standards (Version 3.1, September 29, 2017);
    (ii) Nominations Related Standards (Version 3.1, September 29,
2017);
    (iii) Flowing Gas Related Standards (Version 3.1, September 29,
2017);

    (iv) Invoicing Related Standards (Version 3.1, September 29, 2017);
    (v) Quadrant Electronic Delivery Mechanism Related Standards
(Version 3.1, September 29, 2017);
    (vi) Capacity Release Related Standards (Version 3.1, September 29,
2017); and
    (vii) internet Electronic Transport Related Standards (Version 3.1,
September 29, 2017).
* * * * *
[FR Doc. 2018-26158 Filed 11-30-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Proposed Rules]
[Pages 81431-81433]
[FR Doc No: 2020-27631]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-1071; Airspace Docket No. 20-ACE-13]
RIN 2120-AA66

Proposed Amendment of V-175 and V-586; Establishment of T-397;
and Revocation of V-424 in the Vicinity of Macon, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend VHF Omnidirectional Range (VOR)
Federal airways V-175 and V-586; establish Area Navigation (RNAV) route
T-397; and remove VOR Federal airway V-424 in the vicinity of Macon,
MO. The Air Traffic Service (ATS) route modifications are necessary due
to the planned decommissioning of the VOR portion of the Macon, MO,
VOR/Distance Measuring Equipment (VOR/DME) navigation aid (NAVAID).
With the exception of RNAV route T-397 proposed to be established, the
Marion VOR/DME NAVAID provides navigation guidance for portions of the
affected air traffic service (ATS) routes. The VOR is being
decommissioned as part of the FAA's VOR Minimum Operational Network
(MON) program.

DATES: Comments must be received on or before February 1, 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:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-1071; Airspace Docket No. 20-ACE-13 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 Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. 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:
exception occurred on : 2020-27631.htm
exception occurred on : 2020-27631.htm
fedreg.leg[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the 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 route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System (NAS).

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 (FAA Docket No.
FAA-2020-1071; Airspace Docket No. 20-ACE-13) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2020-1071; Airspace Docket No. 20-ACE-13.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. 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 ADDRESSES section for 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 office of the Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.

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.

Background

    The FAA is planning decommissioning activities for the VOR portion
of the Macon, MO, VOR/DME in October 2021. Although the VOR portion of
the Macon VOR/DME is planned for decommissioning, the co-located DME
portion of the NAVAID is being retained.
    The Macon, MO, VOR is a candidate VOR identified for discontinuance
by the FAA's VOR MON program and listed in the final policy statement
notice, ``Provision of Navigation Services for the Next Generation Air
Transportation System (NextGen) Transition to Performance-Based

Navigation (PBN) (Plan for Establishing a VOR Minimum Operational
Network),'' published in the Federal Register of July 26, 2016 (81 FR
48694), Docket No. FAA-2011-1082.
    The existing ATS route dependencies to the Macon, MO, VOR/DME
NAVAID are VOR Federal airways V-175, V-424, and V-586. With the
planned decommissioning of the VOR portion of the Macon VOR/DME, the
remaining ground-based NAVAID coverage in the area is insufficient to
enable the continuity of the affected airways. As such, proposed
modifications to the affected airways would result in a gap in one of
the airways (V-175), shortening another of the airways (V-586), and
removing the remaining airway completely (V-424).
    To overcome the gap created in V-175, the loss of route segments at
the beginning of V-586, and the loss of V-424, instrument flight rules
(IFR) traffic could use adjacent ATS routes, including VOR Federal
airways V-4, V-10, V-50, V-63, and V-206, or request air traffic
control (ATC) radar vectors to fly through or circumnavigate the
affected area. Additionally, IFR pilots equipped with RNAV PBN
capabilities could also navigate point to point using the existing
fixes that will remain in place to support continued operations though
the affected area. Visual flight rules (VFR) pilots who elect to
navigate via the airways through the affected area could also take
advantage of the adjacent VOR Federal airways or ATC services listed
previously.
    Further, the FAA proposes to establish RNAV route T-397 between the
Walnut Ridge, AR, VORTAC and the Waterloo, IA, VOR/DME to, in part,
mitigate the proposed removal of the V-175 airway segment affected by
the planned decommissioning of the Macon, MO, VOR. Additionally,
establishing T-397 would provide airspace users with continued enroute
ATS route structure, using RNAV routing capability, from the Walnut
Ridge, AR, area northward to the Cedar Falls, IA, area; as well as,
support ongoing FAA NextGen efforts to modernize the NAS to
performance-based navigation.
    Finally, prior to this NPRM, the FAA published a rule for Docket
No. FAA-2020-0667 in the Federal Register (85 FR 79422; December 10,
2020), amending VOR Federal airway V-175 by removing the airway segment
overlying the Sioux City, IA, VOR/Tactical Air Navigation (VORTAC)
between the Des Moines, IA, VORTAC and the Worthington, MN, VOR/DME;
and removing the airway segment overlying the Park Rapids, MN, VOR/DME
between the Alexandria, MN, VOR/DME and the Winnipeg, MB, Canada,
VORTAC. The airway amendments, effective February 25, 2021, are
included in this NPRM.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying VOR Federal airways V-175 and
V-586; establishing RNAV route T-397; and removing VOR Federal airway
V-424. The planned decommissioning of the VOR portion of the Macon, MO,
VOR/DME has made this action necessary.
    The proposed VOR Federal airway changes are outlined below.
    V-175: V-175 currently extends between the Malden, MO, VORTAC and
the Des Moines, IA, VORTAC; and between the Worthington, MN, VOR/DME
and the Alexandria, MN, VOR/DME. The FAA proposes to remove the airway
segment overlying the Macon, MO, VOR/DME between the Hallsville, MO,
VORTAC and the Kirksville, MO, VORTAC. The unaffected portions of the
existing airway would remain as charted.
    V-424: V-424 currently extends between the Napoleon, MO, VORTAC and
the Macon, MO, VOR/DME. The FAA proposes to remove the airway in its
entirety.
    V-586: V-586 currently extends between the intersection of the
Kansas City, MO, VORTAC 077[deg] and Napoleon, MO, VORTAC 005[deg]
radials (EXCEL fix) and the Joliet, IL, VORTAC. The FAA proposes to
remove the airway segment overlying the Macon, MO, VOR/DME between the
intersection of the Kansas City, MO, VORTAC 077[deg] and Napoleon, MO,
VORTAC 005[deg] radials (EXCEL fix) and the Quincy, IL, VORTAC. The
unaffected portions of the existing airway would remain as charted.
    The proposed new RNAV T-route is outlined below.
    T-397: T-397 is a proposed new route that would extend between the
Walnut Ridge, AR, VORTAC and the Waterloo, IA, VOR/DME. This RNAV route
would mitigate the proposed loss of the V-175 airway segment proposed
to be removed as noted above and provide RNAV routing capability from
the Walnut Ridge, AR, area northward to the Cedar Falls, IA, area.
    VOR Federal airways are published in paragraph 6010(a) and United
States RNAV T-routes are published in paragraph 6011 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 ATS routes listed in
this document would be subsequently published 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 proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 proposed rule,
when promulgated, will 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

    In consideration of the foregoing, 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 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 6010(a) Domestic VOR Federal Airways.

* * * * *

V-175 [Amended]

    From Malden, MO; Vichy, MO; to Hallsville, MO. From Kirksville,
MO; to Des Moines, IA. From Worthington, MN; Redwood Falls, MN; to
Alexandria, MN.
* * * * *

V-424 [Removed]

* * * * *

V-586 [Amended]

    From Quincy, IL; Peoria, IL; Pontiac, IL; to Joliet, IL.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-397 Walnut Ridge, AR (ARG) to Waterloo, IA (ALO) [New]

Walnut Ridge, AR (ARG)           VORTAC             (Lat. 36[deg]06'36.07'' N, long. 090[deg]57'13.30'' W).
Vichy, MO (VIH)                  VOR/DME            (Lat. 38[deg]09'14.66'' N, long. 091[deg]42'24.38'' W).
LEWRP, MO                        WP                 (Lat. 40[deg]08'06.06'' N, long. 092[deg]35'30.15'' W).
OHGEE, IA                        FIX                (Lat. 40[deg]49'06.04'' N, long. 093[deg]08'24.11'' W).
LACON, IA                        FIX                (Lat. 41[deg]08'23.43'' N, long. 093[deg]24'09.22'' W).
Des Moines, IA (DSM)             VORTAC             (Lat. 41[deg]26'15.45'' N, long. 093[deg]38'54.81'' W).
Waterloo, IA (ALO)               VOR/DME            (Lat. 42[deg]33'23.39'' N, long. 092[deg]23'56.13'' W).

* * * * *

    Issued in Washington, DC, on December 11, 2020.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-27631 Filed 12-15-20; 8:45 am]
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