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

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- **Document type:** Agency decision

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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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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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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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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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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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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

61933

PO 00000

Frm 00020

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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

E:\FR\FM\27OCP1.SGM

27OCP1

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Aferc%3A07d441ba4c565b4e. Public record. Not legal advice.