Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations

Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations

Issued in Kansas City, Missouri, on April

20, 2007.

Charles L. Smalley,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. E7–8071 Filed 4–27–07; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 38

[Docket No. RM05–5–003; Order No. 676–

B]

Standards for Business Practices and

Communication Protocols for Public

Utilities

Issued April 19, 2007.

AGENCY: Federal Energy Regulatory

Commission, DOE.

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ACTION: Final rule.

SUMMARY: The Federal Energy

Regulatory Commission is amending its

regulations under the Federal Power Act

to incorporate by reference revisions to

the Coordinate Interchange business

practice standards (WEQ–004) adopted

by the Wholesale Electric Quadrant

(WEQ) of the North American Energy

Standards Board (NAESB) on June 22,

2006. These standards identify the

processes and communications

necessary to coordinate energy transfers

that cross boundaries between entities

responsible for balancing load and

generation.

Incorporating these revised standards

by reference into the Commission’s

regulations will ensure that the

Coordinate Interchange business

practice standards incorporated by

reference in the Commission’s

regulations are compatible with the

North American Electric Reliability

Council’s Interchange Scheduling and

Coordination Reliability Standards that

the Commission approved as mandatory

and enforceable Reliability Standards in

Order No. 693.

DATES: This Final Rule will become

effective May 30, 2007. The

incorporation of the standard is

approved by the Director of the Federal

Register on May 30, 2007.

Implementation of the standards is

required the later of the date on which

the NERC standards become mandatory

or the effective date of this rule.

FOR FURTHER INFORMATION CONTACT:

Patricia Schaub (technical issues),

Office of Energy Markets and

Reliability, Federal Energy Regulatory

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Commission, 888 First Street, NE.,

Washington, DC 20426, (202) 502–

6816.

Kay Morice (technical issues), Office of

Energy Markets and Reliability,

Federal Energy Regulatory

Commission, 888 First Street, NE.,

Washington, DC 20426, (202) 502–

6507.

Gary D. Cohen (legal issues), Office of

the General Counsel, Federal Energy

Regulatory Commission, 888 First

Street, NE., Washington, DC 20426,

(202) 502–8321.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T.

Kelliher, Chairman; Suedeen G. Kelly,

Marc Spitzer, Philip D. Moeller, and

Jon Wellinghoff.

1. The Federal Energy Regulatory

Commission (Commission) is amending

its regulations under the Federal Power

Act (FPA) 1 to incorporate by reference

revisions to the Coordinate Interchange

business practice standards (WEQ–004)

adopted by the Wholesale Electric

Quadrant (WEQ) of the North American

Energy Standards Board (NAESB) on

June 22, 2006. These standards identify

the processes and communications

necessary to coordinate energy transfers

that cross boundaries between entities

responsible for balancing load and

generation.

I. Background

2. NAESB is a non-profit standards

development organization established in

January 2002 that serves as an industry

forum for the development and

promotion of business practice

standards that promote an efficient

marketplace for wholesale and retail

natural gas and electricity. Since 1995,

NAESB and its predecessor, the Gas

Industry Standards Board, have been

accredited members of the American

National Standards Institute (ANSI),

complying with ANSI’s requirements

that its standards reflect a consensus of

the affected industries.

3. NAESB’s standards include

business practices that streamline the

transactional processes of the natural

gas and electric industries, as well as

communication protocols and related

standards designed to improve the

efficiency of communication within

each industry. NAESB supports all four

quadrants of the gas and electric

industries—wholesale gas, wholesale

electric, retail gas, and retail electric. All

participants in the gas and electric

industries are eligible to join NAESB

and participate in standards

development.

1 16 U.S.C. 791a, et seq.

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4. NAESB’s procedures are designed

to ensure that all industry members can

have input into the development of a

standard, whether or not they are

members of NAESB, and each standard

NAESB adopts is supported by a

consensus of the relevant industry

segments.

5. The Coordinate Interchange

business practice standards (WEQ–004)

facilitate the transfer of electric energy

between entities responsible for

balancing load and generation

(Balancing Authorities). The term

‘‘Interchange’’ in this context refers to

energy transfers across boundaries

between Balancing Authorities. The

Coordinate Interchange business

practice standards identify the processes

needed to facilitate interchange

transactions, and specify the

arrangements and data to be

communicated to the entity responsible

for authorizing implementation of

interchange transactions (Interchange

Authority).

6. The revised Coordinate Interchange

business practice standards (WEQ–004)

being adopted in this Final Rule replace

the earlier version of these standards

previously incorporated by reference in

the Commission’s regulations in Order

No. 676.2 The standards that the

Commission incorporated by reference

into regulations in Order No. 676 were

designed to be consistent with the

Version 0 reliability standards of the

North American Electric Reliability

Council (NERC) dealing with Coordinate

Interchange.

7. In April, August, and November

2006, NERC filed proposed reliability

standards for Commission approval

under section 215 of the FPA, including

Version 1 and Version 2 standards

governing Interchange Scheduling and

Coordination (INT Reliability

Standards).

8. On June 22, 2006, the WEQ

membership ratified revised Coordinate

Interchange standards to keep the

WEQ’s Coordinate Interchange business

practices consistent with the applicable

NERC INT Reliability Standards. On

November 16, 2006, NAESB filed its

revised Coordinate Interchange

standards with the Commission.

9. On February 20, 2007, the

Commission issued a notice of proposed

rulemaking to assure that the

Commission’s business practice

standards and reliability standards on

Coordinate Interchange would continue

2 Standards for Business Practices and

Communication Protocols for Public Utilities, Order

No. 676, 71 FR 26199 (May 4, 2006), FERC Stats.

& Regs., Regulations Preambles ¶ 31,216 (Apr. 25,

2006), reh’g denied, Order No. 676–A, 116 FERC

¶ 61,255 (2006).

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to be consistent.3 The Coordinate

Interchange NOPR proposed that the

Commission incorporate by reference

the revised Coordinate Interchange

business practice standards (WEQ–004)

adopted by the WEQ on June 22, 2006.

10. In addition, the Coordinate

Interchange NOPR noted that NAESB’s

standards correspond to NERC’s Version

1 INT Reliability Standards, and invited

comment on whether NERC’s Version 2

INT Reliability Standards necessitate

any additional business practice

standards beyond those discussed in the

NOPR.

11. The WEQ revised its Coordinate

Interchange business practice standards

for three main reasons: (1) To

incorporate business practice standards

that had previously been included by

NERC in its proposed reliability

standards; (2) to modify the definitions

and standards to better integrate with

NERC’s corresponding reliability

standards; and (3) to eliminate an

appendix and update standards to

reflect current operating conditions in

the Eastern and Western

Interconnections, and within the

Electric Reliability Council of Texas

(ERCOT).

12. On March 16, 2007, the

Commission approved NERC’s INT

Reliability Standards as mandatory and

enforceable reliability standards in

Order No. 693.4

13. On March 28, 2007, the New York

Independent System Operator, Inc.

(NYISO) filed comments in response to

the Coordinate Interchange NOPR

expressing its general support for

NAESB’s revisions to the WEQ–004

Standard and stating that it has no

objection to incorporating the revised

standards into the NYISO’s Open

Access Transmission Tariff (OATT) and

Market Administration and Control

Area Services Tariff (Services Tariff).

NYISO requests, however, that the Final

Rule not upset any existing waivers of

the WEQ–004 Standard the Commission

has already granted to entities. NYISO’s

comments were the only comments filed

in response to the Coordinate

Interchange NOPR.

II. Discussion

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14. In this Final Rule, the Commission

is amending its regulations under the

FPA to incorporate by reference

3 Standards for Business Practices and

Communication Protocols for Public Utilities,

Notice of Proposed Rulemaking, 72 FR 8318 (Feb.

27, 2007), FERC Stats. & Regs. ¶ 32,612 (Feb. 20,

2007) (Coordinate Interchange NOPR).

4 Mandatory Reliability Standards for the BulkPower System, Order No. 693, Final Rule, 72 FR

16416 (April 4, 2007), FERC Stats. & Regs. ¶ 31,242

at P 795 through P 887 (Mar. 16, 2007).

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revisions to the Coordinate Interchange

business practice standards (WEQ–004)

adopted by the Wholesale Electric

Quadrant (WEQ) of the North American

Energy Standards Board (NAESB) on

June 22, 2006.5 These standards update

the business practice standards used by

the electric industry so that they will

dovetail with the reliability standards

the Commission has approved.

Adoption of these revised business

practice standards ensures that public

utilities comply with a consistent set of

standards. To ensure such coordination,

public utilities will be required to

comply with these standards on the

later of the date on which the NERC

standards become mandatory or the

effective date of this rule. We are

pleased with the cooperation and

coordination between NAESB and

NERC. We appreciate the efforts that

these organizations and the industry

have made together to ensure that

reliability standards and business

practice standards work harmoniously.

15. In its revised reliability standards,

NERC deleted certain business practice

requirements with the expectation that

NAESB would include these business

practices in its business practice

standards.6

16. The revised Coordinate

Interchange business practice standards

the WEQ adopted to replace the deleted

NERC standards include:

• WEQ Standards 004–1 and 004–3.1

replace NERC INT–001–0 Requirement

R1.1. The revised WEQ standards

address how requests for Interchange

should be made and who is responsible

for submitting such requests.

• WEQ Standards 004–3, 004–5, 004–

8.1, and 004–8.2 replace NERC’s INT–

001–0 Requirement R3. These standards

establish the timing requirements for

submitting requests for Interchange. The

WEQ’s timing table (Appendix D

referenced in WEQ Standard 004–8.1)

has been revised to better match up with

the timing table in NERC’s INT–005–1.

• WEQ Standard 004–5 replaces

NERC’s INT–001–0 Requirement R4.

This standard addresses the data that

should be included in a request for

5 The specific standards developed by the WEQ

that we are incorporating by reference in this Final

Rule are as follows: Coordinate Interchange (WEQ–

004, June 22, 2006) including Purpose,

Applicability, and Standards 004–0 through 004–

17.2, and 004–A through 004–D.

6 The deleted NERC standards include

Requirements R1.1, R3, R4, and R5 of INT–001–0,

which relate to the timing and content of e-tags, and

Requirement R1.1.3 of INT–003–0, which addresses

ramp starting time and duration. See Mandatory

Reliability Standards for the Bulk Power System,

Notice of Proposed Rulemaking, 71 FR 64,770 (Nov.

3, 2006), FERC Stats. & Regs. ¶ 32,608 at 32,913 &

note 3 (2006).

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Interchange and who is responsible for

ensuring that these data are included in

the request for Interchange.

• WEQ Standard 004–12 replaces

NERC’s INT–001–0 Requirement R5.

This standard requires that parties

involved in an Interchange must have

personnel and facilities on site and

immediately available to receive

notification of changes to the

Interchange.

• WEQ Standards 004–17, 004–17.1,

and 004–17.2 replace NERC’s INT–003–

0 Requirement R1.1.3. These standards

establish the default ramp rates that

apply to an Interchange unless

otherwise agreed to by the parties

involved.

17. The WEQ also modified the

Coordinate Interchange definitions and

business practice standards to better

coordinate with NERC’s INT Reliability

Standards. This follows the

Commission’s directive in Order No.

676 that, ‘‘[i]n future versions of the

standards, NAESB should use the NERC

definitions relating to reliability.’’ 7 The

modifications include:

• New and revised definitions, such

as changing ‘‘Reliability Authority’’ to

‘‘Reliability Coordinator’’.

• Changes to definitions resulting

from WEQ’s efforts to match the

language used in NERC’s ‘‘Glossary of

Terms Used in Reliability Standards’’

(Glossary) where appropriate. For

example, the WEQ added a definition

for ‘‘Arranged Interchange’’ using the

same language as NERC.

• Changes to definitions, such as the

‘‘Request for Interchange’’ definition,

where the words are not identical, but

are compatible with NERC’s, facilitating

coordination with the NERC INT

Reliability Standards but reflecting the

different responsibilities of the two

organizations.

• Changes to definitions, where NERC

does not have a corresponding

definition in its Glossary, but the WEQ

modified its definitions, such as the

‘‘Approval Entity’’ definition, to reflect

the definition changes previously

discussed.

• Changes to delete definitions no

longer needed in the Coordinate

Interchange business practice standards

or that had been replaced by other

definitions. Deleted definitions include:

‘‘Checkout Process’’; ‘‘Interchange

Transaction’’; ‘‘Interchange Transaction

Tag’’; ‘‘Interconnection’’; ‘‘Market

Operator’’; ‘‘Scheduling Agent’’; and

‘‘Transmission Service Provider’’.

• Changes to the Coordinate

Interchange business practice standards

made to better coordinate with NERC’s

7 Order No. 676 at P 40.

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INT Reliability Standards. The

standards were modified to: (1)

incorporate the revised definitions; (2)

provide greater detail, as in WEQ

Standard 004–3; (3) add new standards

to clarify and better coordinate with

NERC, such as in WEQ Standard 004–

2.2; and (4) delete standards that are no

longer appropriate, such as WEQ

Standard 004–1.2.

18. The Coordinate Interchange

business practices standards were also

modified to reflect the current business

practices of the Eastern and Western

Interconnections and ERCOT. Language

previously included in Appendix A was

moved to Coordinate Interchange

business practice standards 004–3, 004–

3.1, and 004–8.2.

19. NYISO requests that the

Commission not overturn any existing

waivers of the WEQ–004 Standard that

the Commission previously granted to

entities. NYISO states that, in an order

issued on November 16, 2006, the

Commission granted it waivers of

certain NAESB business practice

standards, including certain portions of

the WEQ–004 Standard.8 NYISO points

to the waiver it received of WEQ–004–

8.1 and Appendices A, B and D, to the

extent these components of the WEQ–

004 Standard govern physical

transmission capacity reservations. In

requesting that waiver, the NYISO

explained that such standards would

not be applicable in the locational-based

marginal price (LBMP) market it

operates. NYISO also maintains that

entities should not have to reapply for

waivers they have already obtained.

20. As we stated in Order No. 676,

when parties seek regional or generic

variations of the standards, they should

raise their concerns in the WEQ

standard development process:

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Now that the WEQ is developing these

standards, we prefer that initially all regional

and other generic requests for variances, such

as to accommodate different business

models, be raised during the WEQ standards

development process, and we encourage

participation by all interested persons in that

process. * * * By first submitting the request

to the WEQ during development of the

standard, the request may be resolved during

the WEQ process. Even if the request is not

resolved by the WEQ, the process will help

create a record should the requester seek a

variance or waiver when the standard is

presented to the Commission.9

21. We are very pleased that since the

issuance of Order No. 676, parties have

sought to raise their regional differences

at NAESB, and this effort has resulted

in consideration of these issues in the

8 New York Independent System Operator, Inc.,

117 FERC ¶ 61,197 (2006).

9 Order No. 676 at P 78.

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revised Coordinate Interchange

Standards that we are adopting in this

Final Rule.10 For example, the WEQ–

004 Coordinate Interchange standards

have been significantly revised,

incorporating regional business

practices for the Eastern, Western and

ERCOT regions. NAESB also has voted

to add a voting segment for ISOs/RTOs

so these organizations can have any

variance or other issues related to their

business model addressed through the

NAESB process. Having the industry

determine such variances is preferable

to having these issues raised in

individual waiver requests with the

Commission.

22. Because the Coordinate

Interchange standards for which parties

have previously been granted waivers

have been revised as discussed above,

we find that it will be necessary for all

entities who have received waiver of

any of the Coordinate Interchange

standards to file to request a waiver of

the revised standard. While we

recognize the burden of having parties

reapply for waivers, we cannot rule on

individual waiver requests in a generic

rulemaking proceeding and cannot

determine without a specific waiver

request whether any of the changes

made by NAESB to the coordinate

interchange standards have resolved any

of the issues that gave rise to our grant

of a waiver of the prior standard. As we

stated in Order No. 676, utilities will

not be required to comply with any

standard for which they request waiver

until we act on the waiver request.11

However, small entities that have

obtained waiver of the Order No. 676

standards because they meet the criteria

for small public utility waivers provided

in Order No. 676 need not apply for a

waiver of the revised Coordinate

Interchange standards, because their

waivers were predicated on their status

as small entities, which has not

changed.12

23. Parties seeking waivers of the

requirements of this Order must file a

request on or before the implementation

date for this rule, specifying the exact

provisions of the standards for which

the waiver is sought, and including a

full statement of the reasons the

applicant believes such a waiver would

be appropriate. The request should

cover only the Coordinate Interchange

business practice standards; waivers of

other business practice standards

remain unaffected by this Order.

10 See, supra, discussion in P 18.

11 Order No. 676 at P 102.

12 Order No. 676 at P 85–87.

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III. Implementation Dates and

Procedures

24. Utilities are required to implement

the Coordinate Interchange standards

that we are incorporating by reference in

this Final Rule by the later of the date

when the Reliability Standards that the

Commission approved in Order No. 693

become mandatory or the effective date

of this rule.

25. To reduce the burden on filers, as

we did in Order No. 676, although

public utilities must fully comply with

the requirements of this Final Rule as

soon as it becomes effective, we are not

requiring public utilities immediately to

file revised open access transmission

tariffs (OATTs) incorporating these

changes. When NAESB files the next

version of the WEQ’s electric standards,

if the Commission decides to

incorporate the new version of the

WEQ’s electric standards in its

regulations, public utilities will at that

time be required to file revised OATTs

including these standards.

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 when

a federal agency issues or revises a

regulation containing a standard, the

agency should publish a statement in

the Final Rule stating whether the

adopted standard is a voluntary

consensus standard or a governmentunique standard. In this rulemaking, the

Commission is incorporating by

reference voluntary consensus standards

developed by the WEQ.

V. Information Collection Statement

27. OMB’s regulations in 5 CFR

1320.11 (2005) require that it approve

certain reporting and recordkeeping

requirements (collections of

information) imposed by an agency.

Upon approval of a collection of

information, OMB assigns an OMB

control number and an expiration date.

Respondents subject to the filing

requirements of this Final Rule will not

be penalized for failing to respond to

this collection of information unless the

collection of information displays a

valid OMB control number.

28. This Final Rule will affect will

affect the following existing data

collection: Standards for Business

Practices and Communication Protocols

for Public Utilities (FERC–717)

29. The following burden estimate is

based on the projected costs for the

industry to implement revisions to the

WEQ’s Coordinate Interchange

standards (WEQ–004). The following

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burden estimates cover compliance with

this rule:

Number of

respondents

Number of responses per

respondent

FERC–717 .......................................................................................................

220

1

8

1760

Totals ........................................................................................................

........................

........................

........................

1760

Data collection

These information collections are

mandatory requirements.

Title: Standards for Business Practices

and Communication Protocols for

Public Utilities (FERC–717) (formerly

Open Access Same Time Information

System).

Action: Proposed collection.

OMB Control No.: 1902–0173.

FERC–717

Respondents: Business or other for

Annualized Capital/Startup

profit, (Public Utilities—Not applicable

Costs .....................................

$264,000 to small businesses.).

Annualized Costs (Operations

Frequency of Responses: One-time

& Maintenance) .....................

N/A implementation (business procedures,

Total Annualized Costs .....

264,000 capital/start-up).

Necessity of the Information: This

rule will upgrade the Commission’s

30. The Commission sought

business practice and communication

comments on the burden of complying

protocols (methods by which computers

with the requirements imposed by these coordinate their communications)

requirements. No comments addressed

governing Coordinate Interchange

the reporting burden were filed.

transactions to complement the NERC

31. The Commission’s regulations

INT Reliability Standards approved by

adopted in this rule are necessary to

the Commission in Order No. 693. The

establish a more efficient and integrated implementation of these standards and

wholesale electric power grid. Requiring regulations is necessary to increase the

such information ensures both a

efficiency of the wholesale electric

common means of communication and

power grid. The standards being

common business practices that provide adopted define procedures for market

entities engaged in the wholesale

participants to request the

transmission of electric power with

implementation of Interchange

timely information and uniform

Transactions or agreements to transfer

business procedures across multiple

energy from a seller to a buyer that

transmission providers. These

crosses one or more Balancing Authority

requirements conform to the

boundaries.

Commission’s goal for efficient

33. The information collection

information collection, communication, requirements of this Final Rule are

and management within the electric

based on the transition from

power industry. The Commission has

transactions being made under the

assured itself, by means of its internal

Commission’s existing business practice

review, that there is specific, objective

standards governing Coordinate

support for the burden estimates

Interchange transactions to conducting

associated with the information

such transactions under the revised

requirements.

Coordinate Interchange standards

(WEQ–004) adopted in this rule. The

32. OMB regulations 14 require it to

implementation of these data

approve certain information collection

requirements will help the Commission

requirements imposed by agency rule.

carry out its responsibilities under the

The Commission is submitting

FPA. The Commission will use the data

notification of this Final Rule to OMB.

in rate proceedings to review rate and

tariff changes by public utilities, for

13 The total annualized costs for the information

general industry oversight, and to

collection is $264,000. This number is reached by

multiplying the total hours to prepare responses

supplement the documentation used

(1760 hours) by an hourly wage estimate of $150

during the Commission’s audit process.

(a composite estimate that includes legal, technical

34. Interested persons may obtain

and support staff rates, $90+$35+$25). $264,000 =

information on the reporting

$150 × 1760.

14 5 CFR 1320.11.

requirements by contacting: Federal

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Total Annual Hours for Collection

(Reporting and Recordkeeping, (if

appropriate)) = 1760.

Information Collection Costs: The

Commission projects the average

annualized cost for all respondents to be

the following:13

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Hours per

response

Total number

of hours

Energy Regulatory Commission, Attn:

Michael Miller, Office of the Executive

Director, 888 First Street, NE.,

Washington, DC 20426, Tel: (202) 502–

8415 / Fax: (202) 273–0873, E-mail:

michael.miller@ferc.gov.

or by contacting: Office of Information

and Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503, Attention: Desk Officer for

the Federal Energy Regulatory

Commission. (Re: OMB Control Nos.

1902–0096 & 1902–0173) , Tel: (202)

395–4650, E-mail:

omb_submissions@omb.eop.gov.

VI. Environmental Analysis

35. 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.15 As the Commission

stated in the Interchange NOPR, the

Commission has categorically excluded

certain actions from this requirement as

not having a significant effect on the

human environment. Included in this

categorical exclusion are rules that are

clarifying, corrective, or procedural, or

that do not substantially change the

effect of the regulations being

amended.16 The categorical exclusion

also includes information gathering,

analysis, and dissemination.17 The

requirements imposed by this Final

Rule 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.18 As a result,

neither an environmental impact

statement nor an environmental

assessment is required.

15 Regulations Implementing the National

Environmental Policy Act, Order No. 486, 52 FR

47897, FERC Stats. & Regs., Regulations Preambles

1986–1990 ¶ 30,783 (1987).

16 18 CFR 380.4(a)(2)(ii).

17 18 CFR 380.4(a)(5).

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

380.4(a)(27).

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VII. Regulatory Flexibility Act

Certification

36. The Regulatory Flexibility Act of

1980 (RFA) 19 generally requires a

description and analysis of any final

rule that will have significant economic

impact on a substantial number of small

entities. The rule adopted here imposes

requirements only on public utilities,

which are not small businesses, and

these requirements are, in fact, designed

to benefit all customers, including small

businesses.

37. The Commission has followed the

provisions of both the RFA and the

Paperwork Reduction Act on potential

impact on small businesses and other

small entities. Specifically, the RFA

directs agencies to consider four

regulatory alternatives to be considered

in a rulemaking to lessen the impact on

small entities: tiering or establishment

of different compliance or reporting

requirements for small entities,

classification, consolidation,

clarification or simplification of

compliance and reporting requirements,

performance rather than design

standards, and exemptions. As the

Commission originally stated in Order

No. 889, the OASIS regulations now

known as ‘‘Standards for Business

Practices and Communication Protocols

for Public Utilities’’ apply only to public

utilities that own, operate, or control

transmission facilities subject to the

Commission’s jurisdiction, and should a

small entity be subject to the

Commission’s jurisdiction, it may file

for waiver of these regulations.20 The

Commission is not modifying its prior

determinations on this issue in this

Final Rule.

38. The procedures the Commission is

following in this Final Rule are in

keeping with exemption provisions of

the RFA. Accordingly, pursuant to

section 605(b) of the RFA,21 the

Commission hereby certifies that the

regulations proposed herein will not

have a significant adverse impact on a

substantial number of small entities.

VIII. Document Availability

pwalker on PROD1PC71 with RULES

39. In addition to publishing the full

text of this document in the Federal

Register, the Commission provides all

interested persons an opportunity to

view and/or print the contents of this

document via the Internet through the

Commission’s Home Page (http://

19 5 U.S.C. 601–612.

20 Small entities that qualified for a waiver from

the requirements of Order Nos. 888 and 889 may

apply for a waiver of the requirement to comply

with the standards incorporated by reference in the

regulations we are adopting in this Final Rule.

21 5 U.S.C. 605(b).

VerDate Aug<31>2005

16:27 Apr 27, 2007

Jkt 211001

www.ferc.gov) and in the Commission’s

Public Reference Room during normal

business hours (8:30 a.m. to 5 p.m.

Eastern time) at 888 First Street, NE.,

Room 2A, Washington, DC 20426.

40. From the Commission’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 ‘‘RM05–5’’

in the docket number field.

41. User assistance is available for

eLibrary and the Commission’s Web site

during the Commission’s normal

business hours. For assistance contact

the Commission’s Online Support

services at

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

contact (202) 502–8659.

IX. Effective Date and Congressional

Notification

42. This Final Rule will become

effective May 30, 2007. The Commission

has determined with the concurrence of

the Administrator of the Office of

Information and Regulatory Affairs,

Office of Management and Budget, that

this rule is not a major rule within the

meaning of section 251 of the Small

Business Regulatory Enforcement

Fairness Act of 1996.22

List of Subjects

18 CFR Part 38

Conflict of interests, Electric power

plants, Electric utilities, Incorporation

by reference, Reporting and

recordkeeping requirements.

By the Commission.

Philis J. Posey,

Deputy Secretary.

■ In consideration of the foregoing, the

Commission amends Chapter I, Title 18,

part 38 of the Code of Federal

Regulations, as follows:

PART 38—BUSINESS PRACTICE

STANDARDS AND COMMUNICATION

PROTOCOLS FOR PUBLIC UTILITIES

■ 1. The authority citation for part 38

continues to read as follows:

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

31 U.S.C. 9701; 42 U.S.C. 7101–7352.

■ 2. In § 38.2, paragraph (a)(4) is revised

to read as follows:

§ 38.2 Incorporation by reference of North

American Energy Standards Board

Wholesale Electric Quadrant standards.

(a) * * *

22 See 5 U.S.C. 804(2).

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[FR Doc. E7–7892 Filed 4–27–07; 8:45 am]

BILLING CODE 6717–01–P

RAILROAD RETIREMENT BOARD

20 CFR Part 220

RIN 3220–AB50

Determining Disability

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Board amends its

regulations to index the amount of

earnings used to determine if an

individual is engaged in substantial

gainful activity (SGA) to any increase in

the Social Security national average

wage index, to increase from $200 to

$530 the minimum amount of monthly

earnings to count during a trial work

period and then index that amount to

the Social Security national average

wage index.

DATES: These rules are effective on April

30, 2007.

ADDRESSES: Beatrice Ezerski, Secretary

to the Board, Railroad Retirement Board,

844 N. Rush Street, Chicago, Illinois

60611–2092.

FOR FURTHER INFORMATION CONTACT:

Marguerite P. Dadabo, Assistant General

Counsel, Office of General Counsel,

Railroad Retirement Board, 844 N. Rush

Street, Chicago, Illinois 60611–2092,

(312) 751–4945, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: The

Railroad Retirement Act provides for

disability annuities for employees,

widow(er)s, and children of deceased

railroad employees who are unable to

engage in any regular employment

because of a physical or mental

impairment. Regular employment is

defined by reference to the definition of

substantial gainful activity under the

Social Security Act. Sections 220.141

and 220.142 of the Board’s regulations

reflect this definition and define

‘‘substantial gainful activity’’ (SGA) as

work activity that involves doing

significant physical or mental activities

for pay or profit. Work activity is gainful

if it is the kind of work usually done for

pay or profit, whether or not profit is

realized. Section 220.143 sets forth

earnings levels at which the Board

considers a person to be engaged in SGA

regardless of the severity of his or her

impairment. The amount of average

monthly earnings that ordinarily

demonstrates SGA was increased

effective July 1, 1999, when the Board

E:\FR\FM\30APR1.SGM

30APR1