Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules

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Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules

Inspections Accomplished According to

Previous Issue of Service Bulletins

(k) Inspections accomplished before the

effective date of this AD according to Airbus

All Operator Telexes A330–57–3085 and

A340–57–4093, both dated December 15,

2004; are considered acceptable for

compliance with the corresponding

inspections specified in this AD.

Repair

(l) Except as required by paragraph (m) of

this AD: If any cracking is found during any

inspection required by this AD: Repair before

further flight and get a schedule for

subsequent inspections, according to a

method approved by either the Manager,

International Branch, ANM–116, Transport

Airplane Directorate; or the Direction

Générale de l’Aviation (DGAC) (or its

delegated agent).

Hard or Overweight Landing

(m) For Model A330 series airplanes with

8,000 or more total flight cycles or 25,000 or

more total flight hours, and Model A340

series airplanes with 8,000 or more total

flight cycles or 30,200 or more total flight

hours that have not been modified in

accordance with paragraph (j) of this AD:

Before further flight after any hard or

overweight landing of the airplane,

accomplish the applicable follow-on

inspections and any applicable corrective

actions according to a method approved by

either the Manager, International Branch,

ANM–116; or the DGAC (or its delegated

agent). Accomplishing the inspections in

Airbus A330/A340 Airplane Maintenance

Manual, Chapter 05–51–11, dated April 1,

2005, titled ‘‘Inspection After Hard/

Overweight Landing—Inspection/Check,’’ or

Airbus Technical Disposition (TD) TD/J1/S3/

00608/2005, dated April 26, 2005, titled

‘‘Inspections following hard landing, both

wings,’’ is considered one approved method.

(Operators can obtain the TD from Airbus.)

Reporting Requirement

(n) If any crack is found during any

inspection required by this AD: Submit a

report of the findings to Airbus Repair

Engineering, Dept SER–1, 1 Rond Point

Maurice Bellonte, 31707 Blagnac Cedex,

France. Submit the report at the applicable

time specified in paragraph (n)(1) or (n)(2) of

this AD. The report must include the

inspection results, a description of any

discrepancies found, the airplane serial

number, and the number of landings and

flight hours on the airplane. Under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.), the Office of

Management and Budget (OMB) has

approved the information collection

requirements contained in this AD and has

assigned OMB Control Number 2120–0056.

(1) If the inspection was done after the

effective date of this AD: Submit the report

within 30 days after the inspection.

(2) If the inspection was done before the

effective date of this AD: Submit the report

within 30 days after the effective date of this

AD.

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14:39 Oct 26, 2005

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Alternative Methods of Compliance

(AMOCs)

(o)(1) The Manager, International Branch,

ANM–116, has the authority to approve

AMOCs for this AD, if requested in

accordance with the procedures found in 14

CFR 39.19.

(2) Before using any AMOC approved in

accordance with 14 CFR 39.19 on any

airplane to which the AMOC applies, notify

the appropriate principal inspector in the

FAA Flight Standards Certificate Holding

District Office.

Related Information

(p) French airworthiness directives F–

2005–071 and F–2005–072, both dated April

27, 2005, also address the subject of this AD.

Issued in Renton, Washington, on October

20, 2005.

Kalene C. Yanamura,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 05–21429 Filed 10–26–05; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Parts 47 and 159

[Docket No. RM06–3–000]

Prohibition of Energy Market

Manipulation

Issued October 20, 2005.

AGENCY: Federal Energy Regulatory

Commission, DOE.

ACTION: Notice of proposed rulemaking.

SUMMARY: Pursuant to Title III, Subtitle

B, and Title XII, Subtitle G of the Energy

Policy Act of 2005, the Federal Energy

Regulatory Commission (Commission) is

proposing rules to implement new

section 222 of the Federal Power Act

and new section 4A of the Natural Gas

Act, prohibiting the employment of

manipulative or deceptive devices or

contrivances. The Commission seeks

public comment on the regulations

proposed herein.

DATES: Comments are due November 17,

2005. Reply comments are due

November 25, 2005.

ADDRESSES: Comments may be filed

electronically via the eFiling link on the

Commission’s Web site at http://

www.ferc.gov. Commenters unable to

file comments electronically must send

an original and 14 copies of their

comments to: Federal Energy Regulatory

Commission, Office of the Secretary,

888 First Street NE., Washington, DC

20426. Refer to the Comment

Procedures section of the preamble for

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Fmt 4702

Sfmt 4702

additional information on how to file

comments.

FOR FURTHER INFORMATION CONTACT:

Frank Karabetsos, Office of General

Counsel, Federal Energy Regulatory,

Commission, 888 First Street, NE.,

Washington, DC 20426, (202) 502–8133,

Frank.Karabetsos@ferc.gov.

Mark Higgins, Office of Market

Oversight and Investigations, Federal

Energy Regulatory Commission, 888

First Street, NE., Washington, DC 20426,

(202) 502–8273, Mark.Higgins@ferc.gov.

SUPPLEMENTARY INFORMATION:

Introduction

1. On August 8, 2005, the Energy

Policy Act of 2005 (EPAct 2005) 1 was

signed into law. Sections 315 and 1283

of EPAct 2005, amending the Natural

Gas Act 2 and the Federal Power Act,3

respectively, are virtually identical, and

prohibit the use or employment of

manipulative or deceptive devices or

contrivances in connection with the

purchase or sale of natural gas, electric

energy, or transportation or

transmission services subject to the

jurisdiction of the Commission. These

anti-manipulation sections of EPAct

2005 closely track the prohibited

conduct language in section 10(b) of the

Securities Exchange Act of 1934,4 and

specifically dictate that the terms

‘‘manipulative or deceptive device or

contrivance’’ are to be used ‘‘as those

terms are used in section 10(b).’’

2. The Securities and Exchange

Commission (SEC) has adopted Rule

10b–5,5 which implemented section

10(b) of the Exchange Act, and has

developed a significant body of legal

precedent related to both section 10(b)

of the Exchange Act and Rule 10b–5.

Consistent with the mandate that the

Commission’s new authority be

exercised in a manner consistent with

section 10(b) of the Exchange Act, the

Commission has modeled its proposed

regulations on Rule 10b–5.6 This

approach should provide benefits to

entities subject to the new rule because

there is a substantial body of precedent

1 Energy Policy Act of 2005, Pub. L. 109–58, 119

Stat. 594 (2005).

2 15 U.S.C. 717 et al. (2004).

3 16 U.S.C. 791a et al. (2004).

4 Securities and Exchange Act of 1934, 15 U.S.C.

78j(b) (2005) (Exchange Act).

5 17 CFR 240.10b–5 (2005).

6 This reliance on the use of SEC precedent is

consistent with Congress’ expressed intent in

sections 315 and 1283 that any ‘‘manipulative or

deceptive device or contrivance’’ is prohibited ‘‘as

those terms are used in section 10(b) of the

Securities and Exchange Act of 1934’’ and Congress’

modeling sections 315 and 1283 of EPAct 2005 after

section 10(b) of the Exchange Act.

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Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules

applying the comparable language of

Rule 10b–5.

3. In this Notice of Proposed

Rulemaking (NOPR), the Commission

proposes to add a Part 47 under

Subchapter B (Regulations under the

Federal Power Act) and a Part 159 under

Subchapter E (Regulations under the

Natural Gas Act) to Title 18 of the Code

of Federal Regulations, and intends to

issue final regulations by December 31,

2005. The Commission seeks comments

on its proposals for the regulations

discussed below.

Background

4. In November 2003, the Commission

issued the Market Behavior Rules to fill

a void in the regulation of market-based

trading activity.7 The Market Behavior

Rules emanated from the Commission’s

investigation of trading activity in

Western markets during 2000–2001,

which uncovered a number of trading

schemes intended to take advantage of

the then-existing electricity market in

California.8 The Commission also

discovered abuses in reporting of

natural gas prices to price index

publishers for purposes of manipulating

price indices.9

5. The Market Behavior Rules were

adopted to establish guidelines

applicable to the conduct of

jurisdictional market-based rate sellers

in wholesale power markets and to

jurisdictional companies engaged in

wholesale sales of natural gas under

blanket certificate authority.

6. An important provision of the

Market Behavior Rules is Rule 2, which

states that ‘‘[a]ctions or transactions that

are without a legitimate business

purpose and that are intended to or

foreseeably could manipulate market

prices, market conditions, or market

rules for electric energy or electricity

products are prohibited.’’ 10 In addition,

7 Investigation of Terms and Conditions of Public

Utility Market-Based Rate Authorizations, ‘‘Order

Amending Market-Based Rate Tariffs and

Authorizations,’’ 105 FERC ¶ 61,218 (2003), reh’g

denied, 107 FERC ¶ 61,175 (2004); Order No. 644,

Amendment to Blanket Sales Certificates, FERC

Stats. & Regs. ¶ 31,153 (2003), reh’g denied, 107

FERC ¶ 61,174 (2004).

8 See Final Report on Price Manipulation in

Western Markets: Fact-Finding Investigation of

Potential Manipulation of Electric and Natural Gas

Prices, Docket No. PA02–2–000 (March 2003) (Final

Report); see also American Elec. Power Serv. Corp.,

103 FERC ¶ 61,345 (2003), reh’g denied, 106 FERC

¶ 61,020 (2004); Enron Power Mktg., Inc., 103 FERC

¶ 61,346 (2003), reh’g denied, 106 FERC ¶ 61,020

(2004).

9 Final Report, Docket No. PA02–2–000 (March

2003); Policy Statement on Natural Gas and Electric

Price Indices, 104 FERC ¶ 61,121 at 61,404 (2003)

(addressing price index reporting abuses).

10 Investigations of Terms and Conditions of

Public Utility Market-Based Rate Authorizations,

105 FERC ¶ 61,218 at Appendix A (2003). Sections

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14:39 Oct 26, 2005

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Market Behavior Rule 2(a) expressly

prohibits wash trades, Rule 2(b)

prohibits transactions predicated on

submitting false information, Rule 2(c)

prohibits creating and relieving artificial

congestion, and Rule 2(d) prohibits

collusion.11

7. Sections 315 and 1283 of EPAct

2005 enhance the Commission’s

authority to prohibit manipulation of

the energy markets. However, neither

section 315 nor 1283 is a self-actuating

provision. This rulemaking fulfills

Congress’ intent in adopting these

provisions.

The Commission’s Proposed

Regulations

8. Pursuant to section 4A of the

Natural Gas Act and section 222 of the

Federal Power Act, as added to the

statutes by EPAct 2005, the Commission

proposes to add a Part 47 under

Subchapter B and a Part 159 under

Subchapter E to Title 18 of the Code of

Federal Regulations. Under these

proposed regulations, it shall be

unlawful for any entity, directly or

indirectly, in connection with the

purchase or sale of electric energy or the

purchase or sale of transmission

services subject to the jurisdiction of the

Commission, or in connection with the

purchase or sale of natural gas or the

purchase or sale of transportation

services subject to the jurisdiction of the

Commission, (1) to use or employ any

device, scheme, or artifice to defraud,

(2) to make any untrue statement of a

material fact or to omit to state a

material fact necessary in order to make

the statements made, in the light of the

circumstances under which they were

made, not misleading, or (3) to engage

in any act, practice, or course of

business that operates or would operate

as a fraud or deceit upon any person.

9. Sections 315 and 1283 of EPAct

2005 apply to ‘‘any entity.’’ Indeed,

section 1283 expressly includes an

‘‘entity described in section 201(f).’’

Accordingly, these proposed regulations

apply to the conduct of ‘‘any entity,’’

not just jurisdictional market-based rate

sellers, natural gas pipelines, or holders

284.288(a) and 284.403(a) of the Commission’s

regulations, promulgated in Order No. 644, contain

substantially similar language: a pipeline that

provides unbundled natural gas service under

section 284.284 or any person making natural gas

sales for resale in interstate commerce pursuant to

section 284.402 ‘‘is prohibited from engaging in

actions or transactions that are without a legitimate

business purpose and are intended to or foreseeably

could manipulate market prices, market conditions,

or market rules for natural gas.’’ The Market

Behavior Rules are currently being appealed. See

Cinergy Mktg. & Trading, L.P. v. FERC, Docket No.

04–1168 et al. (D.C. Cir. 2005).

11 Order No. 644 expressly prohibits wash trades

and collusion for natural gas sellers.

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61931

of blanket certificate authority. ‘‘[A]ny

entity’’ includes not only regulated

utilities but also governmental utilities

and other market participants.12

10. As discussed in more detail

below, subsections (a)(1)–(3) of these

proposed regulations are patterned after

the SEC’s Rule 10b–5, and are intended

to be interpreted consistent with

analogous SEC precedent that is

appropriate under the circumstances.

Subsection (b) of the Commission’s

proposed regulations states that nothing

in these provisions shall be construed to

create a private right of action.13 This

language is based expressly on sections

315 and 1283 of EPAct 2005, and

reflects Congress’ intent that entities

will not be subject to civil actions by

third parties based on alleged violations

of these proposed regulations.

Securities and Commodity Law

Precedent

11. The Exchange Act addresses

regulation of the securities markets. One

of the most important provisions of the

Exchange Act is section 10(b), which

prohibits the use of ‘‘any manipulative

or deceptive device or contrivance’’ in

contravention of SEC Rules.14 The SEC

promulgated Rule 10b–5 to enforce

section 10(b).15

12. Section 10(b) and Rule 10b–5

might ‘‘well be the most litigated

provisions in the federal securities

laws,’’ 16 having been described by the

Supreme Court as ‘‘a judicial oak which

has grown from little more than a

legislative acorn.’’ 17 The vast body of

12 The Commission intends that the principles

discussed in the Policy Statement on Enforcement

that we are issuing today in Docket No. PL06–1–000

will also apply to ‘‘any entity’’ as defined herein.

13 However, subsection (b) is not intended to take

away any other right that may otherwise exist.

14 15 U.S.C. 78j(b) (2005).

15 Rule 10b–5 of the U.S. Securities and Exchange

Commission reads:

It shall be unlawful for any person, directly or

indirectly, by the use of any means or

instrumentality of interstate commerce, or of the

mails or of any facility of any national securities

exchange,

(a) To employ any device, scheme, or artifice to

defraud,

(b) To make any untrue statement of a material

fact or to omit to state a material fact necessary in

order to make the statements made, in the light of

the circumstances under which they were made,

not misleading, or

(c) To engage in any act, practice, or course of

business which operates or would operate as a

fraud or deceit upon any person, in connection with

the purchase or sale of any security.

17 CFR 240.10b–5 (2005).

16 SEC v. National Sec., Inc., 393 U.S. 453, 465

(1969).

17 Blue Chip Stamps v. Manor Drug Stores, 421

U.S. 723, 737 (1975); see also Louis Loss & Joel

Seligman, Securities Regulations § 9–B–3 (3d. ed.

2004) (regarding Rule 10b–5 ‘‘[i]t is difficult to

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section 10(b) case law provides

substantial certainty to entities subject

to section 10(b) because it has resolved

many recurring questions of

interpretation that have arisen under the

rule.

13. Section 4b of the Commodity

Exchange Act (CEA) is the Commodity

Futures Trading Commission’s (CFTC)

general anti-fraud rule.18 Section 4b

makes it unlawful for any person to

‘‘cheat or defraud or attempt to cheat or

defraud,’’ or to make false reports or

statements, or to deceive or attempt to

deceive another in transactions under

the CFTC’s jurisdiction. Although the

statutory language of section 10(b) of the

Exchange Act and section 4b of the CEA

are not identical, the Supreme Court

stated that they are ‘‘analogous’’ and

‘‘[t]he language of § 4b [of the CEA] is

similar to that of § 10(b) of the Securities

Exchange Act of 1934.’’ 19 Lower courts

have gone further, noting that ‘‘the

elements of a claim under § 4(b)(A) are

basically the same as those under Rule

10b–5.’’ 20

14. The Commission proposes to

pattern proposed sections 47.1 and

159.1 of its regulations on the text of

Rule 10b–5. This is not only consistent

with the clear intent of sections 315 and

1283 of EPAct 2005, but also should

benefit the industry because it will

provide greater certainty to entities

subject to the new rules because the

Commission intends to rely on the large

body of case law interpreting and

applying section 10(b) and Rule 10b–5

when applying its new authority.21

The Relationship of the Proposed Rules

to the Commission’s Market Behavior

Rules

15. Both Market Behavior Rule 2 and

the proposed regulations prohibit

manipulative conduct. For now, Market

Behavior Rule 2 is retained, an approach

consistent with that taken by both the

think of another instance in the entire corpus juris

in which the interaction of the legislative,

administrative rulemaking, and judicial processes

has produced so much from so little.’’).

18 7 U.S.C. 6b (2005).

19 Merrill Lynch, Pierce, Fenner & Smith v.

Curran, 456 U.S. 353, 389 (1982).

20 Trustman v. Merrill Lynch, Pierce, Fenner &

Smith, 1985 U.S. Dist. LEXIS 23154 at * 38; Fed.

Sec. L. Rep. (CCH) P91,936 (C.D.C.A. 1985); see

also, Drexel Burnham Lambert, Inc. v. Commodity

Futures Trading Comm’n, 850 F.2d 742, 748 (D.C.

Cir. 1988) (court held recklessness satisfied the

scienter requirement for section 4b just as it does

under section 10(b) and Rule 10b–5).

21 EPAct 2005, with its references to Section 10(b)

of the Exchange Act, provides a level of substantial

certainty with respect to how the proposed

regulations will operate that the Commission is not

typically able to provide where a preexisting body

of law and precedent is not readily available.

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14:39 Oct 26, 2005

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SEC and CFTC.22 However, the

Commission will address the possibility

of revising or repealing Market Behavior

Rule 2, and will seek comments in the

near future. Moreover, as explained in

the concurrent Policy Statement on

Enforcement that we are issuing today

(discussed below), we will not seek

duplicative sanctions for the same

conduct in the event that conduct

violates both Market Behavior Rule 2

and proposed section 47.1.23

Concurrent Policy Statement on

Enforcement

16. The Commission’s new EPAct

2005 authority under the antimanipulation provisions coupled with

expanded civil penalty authority,24

provides us with more effective tools to

assure workably competitive markets.

The Commission is concurrently issuing

a Policy Statement on Enforcement that

sets out guidelines on the Commission’s

enforcement policies and practices and

on how we will exercise our new civil

penalty authority.25 The Policy

Statement, like these new proposed

regulations, draws from the experience

of other Federal agencies, including the

SEC and the CFTC, in explaining the

factors that will be taken into account in

applying remedies for misconduct,

including the imposition of civil

penalties. The Policy Statement

provides that the Commission will

exercise its enhanced authority in a firm

but fair manner, and will take mitigating

22 For example, section 10(b) and Rule 10b–5, the

SEC’s general anti-fraud provision (the Supreme

Court described section 10(b) as a ‘‘general

prohibition of practices * * * artificially affecting

market activity in order to mislead investors’’

designed as a broad anti-fraud ‘‘catch-all clause.’’

Schreiber v. Burlington Northern, Inc., 472 U.S. 1,

6–7 (1985); Aaron v. SEC, 446 U.S. 680, 690 (1980)),

exists alongside other, more targeted provisions,

including but not limited to: section 9(a)(2)

prohibiting manipulative conduct on national

securities exchanges (15 U.S.C. 78i (2005)); section

14(e) prohibiting any person from making material

misstatements or omissions and from engaging in

fraudulent conduct in connection with any tender

offer (15 U.S.C. 78n(e) (2005)); and section 17(a)

prohibiting fraud in connection with the sale of

securities (15 U.S.C. 77q(a) (2005)). Similarly, the

CFTC’s general anti-fraud provision in section 4b

exists alongside other CFTC anti-manipulation

provisions, including but not limited to: section 4o

prohibiting fraud by commodity trading advisors

and commodity pool operators (7 U.S.C. 6m (2005));

Rule 30.9 prohibiting fraud in connection with

foreign futures contracts (17 CFR 30.9 (2005)); and

Rule 32.9 prohibiting fraud in connection with

commodity option transactions (17 CFR 32.9

(2005)).

23 The Commission will likewise not seek

duplicative sanctions from natural gas sellers for

the same conduct in the event that conduct violates

both the Market Behavior Rules, 18 CFR 284.288(a)

or 284.403(a) (2005), and proposed section 159.1.

24 Sections 314 and 1284 of EPAct 2005.

25 Policy Statement on Enforcement, Docket No.

PL06–1–000.

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factors into account in resolving

violations.26

Information Collection Statement

17. This proposed rule implements

the existing requirements as set forth in

sections 315 and 1283 of EPAct 2005

and does not include new information

requirements under the provisions of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

Environmental Analysis

18. 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.27 The Commission has

categorically excluded certain actions

from these requirements as not having a

significant effect on the human

environment.28 The actions proposed

here fall within categorical exclusions

in the Commission’s regulations for

rules that are clarifying, corrective, or

procedural, for information gathering,

analysis, and dissemination, and for

sales, exchange, and transportation of

electric power that requires no

construction of facilities.29 Therefore,

an environmental assessment is

unnecessary and has not been prepared

in this NOPR.

Regulatory Flexibility Act

19. 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.31 The Commission is not

required to make such analyses if a rule

would not have such an effect.

20. The Commission does not believe

that this proposed rule would have such

an impact on small entities. This

proposed rule prohibits all entities,

26 Id.

27 Order No. 486, Regulations Implementing the

National Environmental Policy Act, 52 FR 47897

(Dec. 17, 1987), FERC Stats. & Regs., Regulations

Preambles 1986–1990 ¶ 30,783 (1987).

28 18 CFR 380.4 (2005).

29 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5),

380.4(a)(27) (2005).

30 5 U.S.C. 601–12 (2000).

31 The RFA definition of ‘‘small entity’’ refers to

the definition provided in the Small Business Act,

which defines a ‘‘small business concern’’ as a

business that is independently owned and operated

and that is not dominant in its field of operation.

15 U.S.C. 632 (2000). The Small Business Size

Standards component of the North American

Industry Classification System defines a small

electric utility as on that, including its affiliates, is

primarily engaged in the generation, transmission,

and/or distribution of electric energy for sale and

whose total electric output for the preceding fiscal

years did not exceed 4 million MWh. 13 CFR

121.201 (2004) (Section 22, Utilities, North

American Industry Classification System, NAICS).

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Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Proposed Rules

including small entities, from

employing manipulative or deceptive

devices or contrivances, and therefore

may cause entities, including

potentially small entities, to increase

costs in order to comply. This

prohibition, however, will improve

market transparency to the economic

benefit of all entities, including small

entities. Therefore, the Commission

certifies that this proposed rule, if

finalized, will not have a significant

economic impact on a substantial

number of small entities.

Comment Procedures

21. 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 November 17, 2005.

Reply comments are due seven days

thereafter. Comments must refer to

Docket No. RM06–3–000, and must

include the commenter’s name, the

organization they represent, if

applicable, and their address in their

comments. Comments may be filed

either in electronic or paper format.

22. Comments may 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

and commenters may attach additional

files with supporting information in

certain other file formats. Commenters

filing electronically do not need to make

a paper filing. Commenters that are not

able to file comments electronically

must send an original and 14 copies of

their comments to: Federal Energy

Regulatory Commission, Office of the

Secretary, 888 First Street NE.,

Washington, DC 20426.

23. 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.

25. From FERC’s Home Page on the

Internet, this information is available in

the eLibrary. The full text of this

document is available in the eLibrary

both 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.

26. User assistance is available for

eLibrary and the FERC’s Web site during

our normal business hours. For

assistance contact FERC Online Support

at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY,

contact (202) 502–8659.

List of Subjects

18 CFR Part 47

Electric utilities, Electric power,

Investigations, Penalties.

18 CFR Part 159

Natural Gas, Pipelines, Investigations,

Penalties.

By direction of the Commission.

Magalie R. Salas,

Secretary.

In consideration of the foregoing, the

Commission proposes to amend Chapter

I, Title 18, Code of Federal Regulations,

as follows:

1. Part 47 is added to read as follows:

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Jkt 208001

PART 159—PROHIBITION OF ENERGY

MARKET MANIPULATION

Authority: 15 U.S.C. 717–717z; 42 U.S.C.

7101–7352.

§ 159.1 Prohibition of energy market

manipulation.

(a) It shall be unlawful for any entity,

directly or indirectly,

(1) To use or employ any device,

scheme, or artifice to defraud,

(2) To make any untrue statement of

a material fact or to omit to state a

material fact necessary in order to make

the statements made, in the light of the

circumstances under which they were

made, not misleading, or

(3) To engage in any act, practice, or

course of business that operates or

would operate as a fraud or deceit upon

any person, in connection with the

purchase or sale of natural gas or the

purchase or sale of transportation

services subject to the jurisdiction of the

Commission.

(b) Nothing in this § 159.1 shall be

construed to create a private right of

action.

[FR Doc. 05–21423 Filed 10–26–05; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

PART 47—PROHIBITION OF ENERGY

MARKET MANIPULATION

50 CFR Part 16

Authority: 16 U.S.C. 791–825r, 2601–2645;

42 U.S.C. 7101–7352.

Injurious Wildlife Species; Black Carp

(Mylopharyngodon piceus); Extension

of Comment Period

§ 47.1 Prohibition of energy market

manipulation.

(a) It shall be unlawful for any entity,

directly or indirectly,

(1) To use or employ any device,

scheme, or artifice to defraud,

(2) To make any untrue statement of

a material fact or to omit to state a

material fact necessary in order to make

the statements made, in the light of the

circumstances under which they were

made, not misleading, or

Document Availability

(3) To engage in any act, practice, or

24. In addition to publishing the full

course of business that operates or

text of this document in the Federal

would operate as a fraud or deceit upon

Register, the Commission provides all

any person, in connection with the

interested persons an opportunity to

purchase or sale of electric energy or the

view and/or print the contents of this

purchase or sale of transmission

document via the Internet through

services subject to the jurisdiction of the

FERC’s Home Page (http://www.ferc.gov)

Commission.

and in FERC’s Public Reference Room

(b) Nothing in this § 47.1 shall be

during normal business hours (8:30 a.m.

construed to create a private right of

to 5 p.m. eastern time) at 888 First

action.

Street, NE., Room 2A, Washington, DC

20426.

2. Part 159 is added to read as follows:

VerDate Aug<31>2005

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RIN 1018–AG70

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: We, the U.S. Fish and

Wildlife Service, extend the comment

period on a proposed rule to add all

forms of live black carp

(Mylopharyngodon piceus), including

gametes and viable eggs, to the list of

injurious fish under the Lacey Act and

on the draft environmental assessment

and draft economic analysis prepared in

association with the proposed rule.

DATES: Comments must be submitted on

or before December 16, 2005.

ADDRESSES: The analyses are available

from the Chief, Division of

Environmental Quality, U.S. Fish and

Wildlife Service, 4401 North Fairfax

Drive, Mail Stop 322, Arlington,

Virginia 22203; FAX (703) 358–1800.

They also are available on our Web page

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