Minimum Filing Requirements for FERC Form No. 6, Annual Report for Oil Pipelines

Proposed Rules

Federal Register

________________________________________________________________________

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Proposed Rules

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 357 and 382

[Docket No. RM95-12-000]

Minimum Filing Requirements for FERC Form No. 6, Annual Report

for Oil Pipelines

June 8, 1995.

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Commission is proposing to revise the filing requirements

for FERC Form No. 6, Annual Report of Oil Pipeline Companies, and to

exempt certain oil pipeline companies with minimal jurisdictional

revenues from paying annual charges. The proposed rule would exempt

from filing Form No. 6 those pipelines whose jurisdictional operating

revenues are at or below $100,000 for each of the three preceding

calendar years. Those companies that will be exempt from filing Form

No. 6 must nevertheless prepare and file page 700 of Form No. 6. The

Commission also proposes to relieve those companies not required to

file Form No. 6 from the obligation to pay annual charges to the

Commission.

DATES: Comments are due on or before July 14, 1995.

ADDRESSES: An original and 14 copies of written comments on this

proposed rule must be filed in Docket No. RM95-12-000 and should be

addressed to: Office of the Secretary, Federal Energy Regulatory

Commission, 825 North Capitol Street, NE., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT: Harris S. Wood, Office of the General

Counsel, Federal Energy Regulatory Commission, 825 North Capitol

Street, N.E., Washington, DC 20426, Telephone: (202) 208-0224.

roposed rule must be filed in Docket No. RM95-12-000 and should be

addressed to: Office of the Secretary, Federal Energy Regulatory

Commission, 825 North Capitol Street, NE., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT: Harris S. Wood, Office of the General

Counsel, Federal Energy Regulatory Commission, 825 North Capitol

Street, N.E., Washington, DC 20426, Telephone: (202) 208-0224.

SUPPLEMENTARY INFORMATION: In addition to publishing the full text of

this document in the Federal Register, the Commission also provides all

interested persons an opportunity to inspect or copy the contents of

this document during normal business hours in Room 3104, 941 North

Capitol Street, NE., Washington, DC 20426. The Commission Issuance

Posting System (CIPS), an electronic bulletin board service, provides

access to the texts of formal documents issued by the Commission. CIPS

is available at no charge to the user and may be accessed using a

personal computer with a modem by dialing (202) 208-1397. To access

CIPS, set your communications software to 19200, 14400, 12000, 9600,

7200, 4800, 2400 or 1200 bps, full duplex, no parity, 8 data bits, and

1 stop bit. The full text of this document will be available on CIPS

for 60 days from the date of issuance in ASCII and WordPerfect 5.1

format. After 60 days the document will be archived, but still

accessible.

The complete text on diskette in WordPerfect format may also be

purchased from the Commission's copy contractor, La Dorn Systems

Corporation, also located in Room 3104, 941 North Capitol Street, NE.,

Washington, DC 20426.

Notice of Proposed Rulemaking

for 60 days from the date of issuance in ASCII and WordPerfect 5.1

format. After 60 days the document will be archived, but still

accessible.

The complete text on diskette in WordPerfect format may also be

purchased from the Commission's copy contractor, La Dorn Systems

Corporation, also located in Room 3104, 941 North Capitol Street, NE.,

Washington, DC 20426.

Notice of Proposed Rulemaking

The Federal Energy Regulatory Commission (Commission) proposes to

revise the filing requirements for FERC Form No. 6, Annual Report of

Oil Pipeline Companies (Form No. 6), and exempt certain oil pipeline

companies with minimal jurisdictional revenues from the requirement for

paying annual charges. These changes are proposed to become effective

30 days after the publication of a final rule in this proceeding in the

Federal Register.

The Commission proposes to exempt from the requirements to prepare

and file Form No. 6, those pipelines whose jurisdictional operating

revenues are at or below $100,000 for each of the three preceding

calendar years.1 For the reasons appearing below, those companies

that will be exempt from filing Form No. 6 must nevertheless prepare

and file page 700 of Form No. 6.

\1\Notwithstanding the Commission's proposal to establish a

threshold exemption from filing FERC Form No. 6, all jurisdictional

oil pipelines will continue to be subject to the Commission's

accounting and recordkeeping requirements (e.g., 18 CFR Parts 351,

352, and 356).

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The Commission also proposes to relieve those companies not

required to file Form No. 6 from the obligation to pay annual charges

to the Commission.

I. Background

sdictional

oil pipelines will continue to be subject to the Commission's

accounting and recordkeeping requirements (e.g., 18 CFR Parts 351,

352, and 356).

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The Commission also proposes to relieve those companies not

required to file Form No. 6 from the obligation to pay annual charges

to the Commission.

I. Background

Order No. 561\2\ was issued on October 22, 1993, to comply with the

Energy Policy Act of 1992 (Act of 1992),\3\ which required that the

Commission establish a simplified and generally applicable method of

oil pipeline rate regulation. Thereafter, on October 28, 1994, the

Commission issued Order No. 571, which established certain filing

requirements for oil pipelines seeking cost-of-service rate treatment

and promulgated changes to Form No. 6.\4\

\2\Revisions to Oil Pipeline Regulations Pursuant to the Energy

Policy Act of 1992, Order No. 561, III FERC Stats. & Regs. para.

30,985 (1993); Order on Rehearing, Order No. 561-A, III FERC Stats.

& Regs. para. 31,000 (1994).

\3\42 U.S.C. 7172 note (West Supp. 1993).

\4\Cost-of-Service Reporting and Filing Requirements for Oil

Pipelines, III FERC Stats. & Regs. para. 31,006 (1994).

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The Commission's regulations currently require each jurisdictional

oil pipeline company to submit Form No. 6 annually, reflecting the

operating results and the financial condition of the company involved,

irrespective of the size of the company.\5\

\5\18 CFR 357.2.

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II. Public Reporting Burden

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The Commission's regulations currently require each jurisdictional

oil pipeline company to submit Form No. 6 annually, reflecting the

operating results and the financial condition of the company involved,

irrespective of the size of the company.\5\

\5\18 CFR 357.2.

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II. Public Reporting Burden

The Commission estimates the public reporting burden for the

collections of information under the proposed rule will be reduced for

Form No. 6 by about 14 percent. These estimates include the time for

reviewing instructions, researching existing data sources, gathering

and maintaining the data needed, and completing and reviewing the

collection of information. The current annual reporting burden

associated with these information collection requirements is as

follows:

Form No. 6: 22,572 hours, 148 responses, and 148 respondents.\6\

\6\These numbers are based on an average of respondents expected

to file Form No. 6. The number of respondents actually filing the

Form No. 6 may vary slightly each year.

The proposed rule will reduce the existing reporting burden

associated with Form No. 6 by an estimated 2,838 hours annually, or an

average of 129 hours per response based on an

estimated 22 oil pipelines who will be exempt from the filing

requirements of Form No. 6 but not from the filing requirements of page

700.

Comments regarding these burden estimates or any other aspect of

these collections of information, including suggestions for reducing

this burden, can be sent to the Federal Energy Regulatory Commission,

941 North Capitol Street, N.E., Washington, DC 20426 [Attention:

Michael Miller, Information Services Division, (202) 208-1415]; and to

the Office of Information and Regulatory Affairs of OMB (Attention:

Desk Officer for Federal Energy Regulatory Commission), FAX: (202) 395-

5167.

III. Discussion

A. Form No. 6

or reducing

this burden, can be sent to the Federal Energy Regulatory Commission,

941 North Capitol Street, N.E., Washington, DC 20426 [Attention:

Michael Miller, Information Services Division, (202) 208-1415]; and to

the Office of Information and Regulatory Affairs of OMB (Attention:

Desk Officer for Federal Energy Regulatory Commission), FAX: (202) 395-

5167.

III. Discussion

A. Form No. 6

Form No. 6 provides the Commission with financial and operational

data for the proper administration of the Commission's responsibilities

for rate regulation of oil pipelines under the Interstate Commerce Act,

as amended,\7\ and the Act of 1992. In a like manner, the Commission

requires the other entities it regulates to submit annual financial and

operational data. However, the Commission has established minimum

filing thresholds for submission of annual reports for both electric

utilities and natural gas companies.\8\ For example, a natural gas

pipeline is only required to submit an annual report if its total gas

sales or volumes transported exceeds 200,000 Mcf in each of the three

previous calendar years. This has allowed the Commission to maintain

data on the more significant pipelines and yet has allowed those whose

operations are minimal to avoid the regulatory expense and burden of

filing reports which would be of limited statistical importance to the

Commission. The Commission here intends to provide the same type of

relief from the annual filing burden and expense for oil pipelines with

limited jurisdictional activity.

o maintain

data on the more significant pipelines and yet has allowed those whose

operations are minimal to avoid the regulatory expense and burden of

filing reports which would be of limited statistical importance to the

Commission. The Commission here intends to provide the same type of

relief from the annual filing burden and expense for oil pipelines with

limited jurisdictional activity.

\7\49 App. U.S.C. 1 (1988).

\8\For electric utilities and licensees, see 18 CFR 141.1 and

141.2 and General Instruction 1, Classification of Utilities of the

Uniform System of Accounts Prescribed for Public Utilities and

Licensees, 18 CFR Part 101.

For natural gas companies, see 18 CFR 260.1 and 260.2 and

General Instruction 1, Classification of Utilities of the Uniform

System of Accounts Prescribed for Natural Gas Companies, 18 CFR Part

201.

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The Commission proposes to establish a filing threshold for Form

No. 6 based on the annual jurisdictional operating revenues of an oil

pipeline company. While the filing thresholds for electric utilities

and natural gas companies are stated in volumes, the Commission

believes that a volumetric threshold is not appropriate for oil

pipelines.\9\

\9\In establishing annual charges for the companies it

regulates, the Commission considered the use of a volumetric

standard in setting annual charges for oil pipelines, but rejected

such an approach. It found, for the reasons stated in that

proceeding, that the operating revenue approach for setting annual

fees would most fairly and equitably distribute the oil program

cost. See Annual Charges Under the Omnibus Budget Reconciliation Act

of 1986, FERC Stats. & Regs., Preambles (1986-1990) para. 30,746

ic

standard in setting annual charges for oil pipelines, but rejected

such an approach. It found, for the reasons stated in that

proceeding, that the operating revenue approach for setting annual

fees would most fairly and equitably distribute the oil program

cost. See Annual Charges Under the Omnibus Budget Reconciliation Act

of 1986, FERC Stats. & Regs., Preambles (1986-1990) para. 30,746

(1987) at pp. 30,631-30,634. For the reasons stated in that

proceeding, the Commission believes that jurisdictional operating

revenues is the appropriate basis for exemption of filing Form No.

6.

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Analysis of the 146 oil pipelines that filed Form No. 6 for the

1993 reporting year indicates three natural breaks in jurisdictional

operating revenues that could be used to establish a minimum filing

threshold:

$100,000 level--22 oil pipelines, or 15 percent of the 1993

total, had jurisdictional operating revenues at or below this level.

$300,000 level--32 oil pipelines, or 22 percent of the 1993

total, had jurisdictional operating revenues at or below this level.

$1,000,000 level--38 oil pipelines, or 26 percent of the 1993

total, had jurisdictional operating revenues at or below this level.

The Commission proposes to establish the minimum reporting

threshold for oil pipeline companies to file Form No. 6 at the $100,000

level of jurisdictional operating revenues. This level will exempt

companies with minimal jurisdictional transactions from the burdens

associated with preparation of the annual report, yet the Commission

should continue to have statistically valid data for its use in oil

pipeline rate regulation

ish the minimum reporting

threshold for oil pipeline companies to file Form No. 6 at the $100,000

level of jurisdictional operating revenues. This level will exempt

companies with minimal jurisdictional transactions from the burdens

associated with preparation of the annual report, yet the Commission

should continue to have statistically valid data for its use in oil

pipeline rate regulation.

For both electric utilities and natural gas companies, the

Commission's regulations require a company to look to its three

immediately preceding reporting years to determine, inter alia, whether

it is exempt from filing an annual report with the Commission.\10\ If a

regulated company had been exempt from reporting and exceeds the

minimum filing threshold for each of the three immediately preceding

calendar years, it would be required to file an annual report for the

current reporting year. Thereafter, the company would be required to

file an annual report until the level of its operations falls below the

established threshold for the three immediately preceding calendar

years, at which time it would again become exempt from the annual

report requirement. This three-year approach was established to guard

against anomalies in the operations of a regulated company and to

provide some measure of stability in the annual reports, while not

imposing an undue burden on companies which were clearly showing a

pattern of operations below the established minimum thresholds.

\10\In the case of a newly established jurisdictional entity,

the projected data of the company would be the basis for determining

whether an annual report would be required for its first year of

operations. See 18 CFR Parts 101 and 201, General Instruction 1,

Classification of Utilities, paragraph C.

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mum thresholds.

\10\In the case of a newly established jurisdictional entity,

the projected data of the company would be the basis for determining

whether an annual report would be required for its first year of

operations. See 18 CFR Parts 101 and 201, General Instruction 1,

Classification of Utilities, paragraph C.

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The Commission proposes to require the same three-year test for oil

pipelines to see if they meet the minimum exemption. That is, a

pipeline will be exempt from preparing and filing FERC Form No. 6 if

its jurisdictional operating revenues for the three calendar years

immediately preceding the current reporting year were $100,000 or less

per reporting year. For a newly established pipeline without three

years of operations, the company, as is now required for electric

utilities and natural gas companies, would use projected data to

determine whether Form No. 6 needs to be filed.

Order No. 571 amended Form No. 6 by requiring, inter alia, that a

new page 700 be incorporated into Form No. 6. This page requires an oil

pipeline to report its total annual cost of service as calculated under

the Opinion No. 154-B methodology,\11\ its operating income, and its

throughput in barrels and barrel-miles. This page is an integral part

of the Commission's data collection efforts to ensure that the index

prescribed by Order No. 561 properly tracks industry costs. Page 700

provides shippers with the necessary information to serve as a

preliminary screening tool for pipeline rate filings. It is designed to

enable shippers to compare proposed changes in rates against the change

in the level of a pipeline's cost of service, to compare the change in

a shipper's individual rate with the change in a pipeline's average

company-wide barrel-mile rate, and to determine whether to challenge a

pipeline's indexed rate increase filings

preliminary screening tool for pipeline rate filings. It is designed to

enable shippers to compare proposed changes in rates against the change

in the level of a pipeline's cost of service, to compare the change in

a shipper's individual rate with the change in a pipeline's average

company-wide barrel-mile rate, and to determine whether to challenge a

pipeline's indexed rate increase filings. As such, page 700 provides

the Commission and the public with information beyond the financial and

accounting data found in the rest of Form No. 6. Because the

information found on page 700 is not readily available elsewhere, the

Commission proposes to require those pipelines that would be exempt

from filing Form No. 6 to prepare and file page 700 at the time that

other pipelines are required to

file Form No. 6 (i.e., on or before March 31st of each year for the

previous calendar year).

\11\The Opinion No. 154-B methodology is derived from the

Commission's opinions in Williams Pipe Line Company, Opinion No.

154-B, 31 FERC para. 61,377 (1985), on rehearing, Opinion No. 154-C,

Williams Pipeline Company, 33 FERC para. 61,327 (1985); and ARCO

Pipe Line Company, Opinion No. 351, 52 FERC para. 61,055 (1990), on

rehearing, Opinion No. 351-A, ARCO Pipe Line Company, 53 FERC para.

61,398 (1990).

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B. Annual Charges

Annual charges are assessed on all jurisdictional companies who

file annual reports with the Commission to assist in defraying the cost

of regulation of those companies. For public utilities and natural gas

companies, those companies who fall below the reporting thresholds for

those industries are not required to file annual reports, and therefore

they do not pay annual charges to the Commission. Currently, all oil

pipelines reporting jurisdictional operating revenues in Form No

the Commission to assist in defraying the cost

of regulation of those companies. For public utilities and natural gas

companies, those companies who fall below the reporting thresholds for

those industries are not required to file annual reports, and therefore

they do not pay annual charges to the Commission. Currently, all oil

pipelines reporting jurisdictional operating revenues in Form No. 6 are

subject to annual charges.\12\ The Commission proposes to provide the

same type of relief from annual charges as it provides with respect to

other entities it regulates, by exempting from the requirement to pay

annual charges those oil pipelines whose annual jurisdictional revenues

are at or below the $100,000 threshold.

\12\However, on a case by case basis, certain oil pipelines have

been granted waiver of the Form 6 filing requirements.

Annual charges for oil pipelines are calculated on the basis of

jurisdictional operating revenues. If an oil pipeline company has no

jurisdictional operating revenues, it pays no annual charge. For the

1993 reporting year, 22 of the 146 oil pipeline companies filing Form

No. 6 either had no jurisdictional operating revenues, or their

jurisdictional operating revenues were under $100,000. The remaining

124 oil pipelines with jurisdictional operating revenues over $100,000

paid annual charges with the smallest annual charge amount being $132.

If the proposed change in filing requirements for Form No. 6 had been

in effect for that reporting year, 22 companies would have been

exempted from paying annual charges. The total annual charges involved

based on 1993 jurisdictional operating revenues would amount to $77 for

those companies, a de minimis amount.

Based on the foregoing, the Commission proposes to require annual

charges only of those oil pipelines that are required to file Form No.

6. This would be consistent with the treatment accorded public

utilities and natural gas companies.

IV. Environmental Analysis

al charges involved

based on 1993 jurisdictional operating revenues would amount to $77 for

those companies, a de minimis amount.

Based on the foregoing, the Commission proposes to require annual

charges only of those oil pipelines that are required to file Form No.

6. This would be consistent with the treatment accorded public

utilities and natural gas companies.

IV. Environmental Analysis

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.13 The

Commission has categorically excluded certain actions from these

requirements as not having a significant effect on the human

environment.14 The action proposed here is procedural in nature

and therefore falls within the categorical exclusions provided in the

Commission's regulations.15 Therefore, neither an environmental

impact statement nor an environmental assessment is necessary and will

not be prepared in this rulemaking.

\13\Order No. 486, Regulations Implementing the National

Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Statutes

and Regulations, Regulations Preambles 1986-1990 para.30,783 (1987).

\14\18 CFR 380.4.

\15\See 18 CFR 380.4(a)(2)(ii).

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V. Regulatory Flexibility Act Certification

The Regulatory Flexibility Act16 generally requires the

Commission to describe the impact that a proposed rule would have on

small entities or to certify that the rule will not have a significant

economic impact on a substantial number of small entities. An analysis

is not required if a proposed rule will not have such an impact.17

\16\5 U.S.C. 601-612.

\17\5 U.S.C. 605(b).

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mmission to describe the impact that a proposed rule would have on

small entities or to certify that the rule will not have a significant

economic impact on a substantial number of small entities. An analysis

is not required if a proposed rule will not have such an impact.17

\16\5 U.S.C. 601-612.

\17\5 U.S.C. 605(b).

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Pursuant to section 605(b), the Commission certifies that the

proposed rules and amendments, if promulgated, will not have a

significant adverse economic impact on a substantial number of small

entities. Rather, the proposed rules will relieve small entities of the

burden of preparing and filing annual reports and of paying annual

charges to the Commission.

VI. Comment Procedures

Copies of this notice of proposed rulemaking can be obtained from

the Office of Public Information, Room 3104, 941 North Capitol Street,

N.E., Washington, D.C. 20426. Any person desiring to file comments

should submit an original and fourteen (14) copies of such comments to

the Federal Energy Regulatory Commission, 825 North Capitol Street,

N.E., Washington, D.C. 20426, not later than 30 days after the date of

publication in the Federal Register.

The full text of this notice of proposed rulemaking also is

available through the Commission Issuance Posting System (CIPS), an

electronic bulletin board service, which provides access to the texts

of formal documents issued by the Commission. CIPS is available at no

charge to the user and may be accessed using a personal computer with a

modem by dialing (202) 208-1397. To access CIPS, communications

software should be set to use 300, 1200, or 2400 bps, full duplex, no

parity, 8 data bits, and 1 stop bit. CIPS can also be accessed at 9600

bps by dialing (202) 208-1781. The full text of this notice will be

available on CIPS for 30 days from the date of issuance

e to the user and may be accessed using a personal computer with a

modem by dialing (202) 208-1397. To access CIPS, communications

software should be set to use 300, 1200, or 2400 bps, full duplex, no

parity, 8 data bits, and 1 stop bit. CIPS can also be accessed at 9600

bps by dialing (202) 208-1781. The full text of this notice will be

available on CIPS for 30 days from the date of issuance. The complete

text on diskette in WordPerfect format may also be purchased from the

Commission's copy contractor, La Dorn Systems Corporation, also located

in Room 3104, 941 North Capitol Street, N.E., Washington, D.C. 20426.

VII. Information Collection Requirements

Office of Management and Budget (OMB) regulations require OMB to

approve certain information collection requirements imposed by agency

rules.18 While these proposed rules and amendments contain no new

information collection requirements, we expect the proposed rule will

revise and reduce the reporting requirements under existing Form No. 6.

\18\5 CFR 1320.13.

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The Commission uses the data collected under Form No. 6 to monitor

the financial and operating data of oil pipeline companies subject to

its jurisdiction, and to assist in determining the reasonableness of

rates.

Because of the proposed revisions and expected reduction in public

reporting burden under Form No. 6, the Commission is submitting a copy

of the proposed rule to OMB for its review and approval. Interested

persons may obtain information on these reporting requirements by

contacting the Federal Energy Regulatory Commission, 941 North Capitol

Street NE, Washington, D.C. 20426 (Attention: Michael Miller),

Information Policy and Standards Branch, (202) 208-1415, FAX (202) 208-

2425; and to the Office of Information and Regulatory Affairs, Office

of Management and Budget (Attention: Desk Officer for Federal Energy

Regulatory Commission), Washington, D.C. 20503.

List of Subjects

18 CFR Part 357

Regulatory Commission, 941 North Capitol

Street NE, Washington, D.C. 20426 (Attention: Michael Miller),

Information Policy and Standards Branch, (202) 208-1415, FAX (202) 208-

2425; and to the Office of Information and Regulatory Affairs, Office

of Management and Budget (Attention: Desk Officer for Federal Energy

Regulatory Commission), Washington, D.C. 20503.

List of Subjects

18 CFR Part 357

Pipelines, Reporting and recordkeeping requirements, Uniform System

of Accounts.

18 CFR Part 382

Annual Charges.

By direction of the Commission.

Lois D. Cashell,

Secretary.

In consideration of the foregoing, the Commission gives notice of

its proposal to amend Parts 357 and 382, Chapter I,

Title 18, Code of Federal Regulations, as set forth below.

PART 357--ANNUAL SPECIAL OR PERIODIC REPORTS: CARRIERS SUBJECT TO

PART I OF THE INTERSTATE COMMERCE ACT

1. The authority citation for Part 357 is revised to read as

follows:

Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C.

1-85.

2. Section 357.2 is revised to read as follows:

Sec. 357.2 FERC Form No. 6, Annual Report of Oil Pipeline Companies.

Each pipeline carrier subject to the provisions of section 20 of

the Interstate Commerce Act whose annual jurisdictional operating

revenues has been more than $100,000 for each of the three previous

calendar years must prepare and file with the Commission copies of FERC

Form No. 6, ``Annual Report of Oil Pipeline Companies,'' pursuant to

the General Instructions set out in that form. This report must be

filed on or before March 31st of each year for the previous calendar

year. Newly established entities must use projected data to determine

whether FERC Form No. 6 must be filed. One copy of the report must be

retained by the respondent in its files. The conformed copies may be

produced by any legible means of reproduction. Notwithstanding the

exemption provided above, those carriers exempt from filing Form No. 6

must prepare and file page 700 of FERC Form No

year. Newly established entities must use projected data to determine

whether FERC Form No. 6 must be filed. One copy of the report must be

retained by the respondent in its files. The conformed copies may be

produced by any legible means of reproduction. Notwithstanding the

exemption provided above, those carriers exempt from filing Form No. 6

must prepare and file page 700 of FERC Form No. 6 on or before March

31st of each year for the previous calendar year, beginning with the

year ending December 31, 1995, including the subscription required by

Sec. 385.2005(a) of this chapter.

PART 382--ANNUAL CHARGES

1. The authority citation for Part 382 continues to read as

follows:

Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w; 3301-3432; 16

U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352; 49 U.S.C. 60502;

49 App. U.S.C. 1-85.

2. Section 382.102(c) is revised to read as follows:

Sec. 382.102 Definitions.

* * * * *

(c) Oil pipeline company means any person engaged in the

transportation of crude oil and petroleum products subject to the

Commission's jurisdiction under the Interstate Commerce Act with annual

operating revenues greater than $100,000 in any of the three calendar

years immediately preceding the fiscal year for which the Commission is

assessing annual charges.

* * * * *

[FR Doc. 95-14532 Filed 6-13-95; 8:45 am]

BILLING CODE 6717-01-P