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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations Dated: December 16, 2020.
Vanessa A. Countryman, Secretary.

PART 240GENERAL RULES AND
REGULATIONS, SECURITIES
EXCHANGE ACT OF 1934

FR Doc. 202028194 Filed 12921; 8:45 am
1. The general authority citation for part 240 continues to read, in part, as follows:

BILLING CODE 801101P

Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z2, 77z3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c3, 78c5, 78d, 78e, 78f, 78g, 78i, 78j, 78j1, 78k, 78k1, 78l, 78m, 78n, 78n1, 78o, 78o4, 78o10, 78p, 78q, 78q1, 78s, 78u5, 78w, 78x, 78dd, 78ll, 78mm, 80a20, 80a23, 80a29, 80a37, 80b 3, 80b4, 80b11, and 7201 et seq., and 8302;
7 U.S.C. 2c2E; 12 U.S.C. 5221e3; 18
U.S.C. 1350; Pub. L. 111203, 939A, 124 Stat.
1376 2010; and Pub. L. 112106, sec. 503
and 602, 126 Stat. 326 2012, unless otherwise noted.

DEPARTMENT OF ENERGY

2. Section 240.17Ad24 is added to read as follows:

240.17Ad24 Exemption from clearing agency definition for certain registered security-based swap dealers, registered security-based swap execution facilities, and entities engaging in dealing activity in security-based swaps that are eligible for an exception under 240.3a712a or subject to the period set forth in 240.3a71
2b.

A registered security-based swap dealer, a registered security-based swap execution facility, or an entity engaging in dealing activity in security-based swaps that is eligible for an exception under 240.3a712a or subject to the period set forth in 240.3a712b shall be exempt from inclusion in the term clearing agency, as defined in section 3a23A of the Act, where such registered security-based swap dealer, registered security-based swap execution facility, or entity engaging in dealing activity in security-based swaps that is eligible for an exception under 240.3a712a or subject to the period set forth in 240.3a712b would be deemed to be a clearing agency solely by reason of:
a Functions performed by such institution as part of customary dealing activities or providing facilities for comparison of data respecting the terms of settlement of securities transactions effected on such registered securitybased swap execution facility, respectively; or b Acting on behalf of a clearing agency or participant therein in connection with the furnishing by the clearing agency of services to its participants or the use of services of the clearing agency by its participants.
By the Commission.

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Federal Energy Regulatory Commission 18 CFR Parts 153 and 157
Docket No. RM2015001; Order No. 871
A

Limiting Authorizations To Proceed With Construction Activities Pending Rehearing Federal Energy Regulatory Commission.
ACTION: Order addressing arguments raised on rehearing and clarification, and providing for additional briefing.
AGENCY:

On rehearing, the Federal Energy Regulatory Commission Commission modifies Order No. 871, which amended its regulations to preclude the issuance of authorizations to proceed with construction activities with respect to natural gas facilities authorized by order issued pursuant to section 3 or section 7 of the Natural Gas Act until either the time for filing a request for rehearing of such order has passed with no rehearing request being filed or the Commission has acted on the merits of any rehearing request. The Commission provides for further briefing on the issues raised in the rehearing requests.
DATES: The effective date of the document published on July 6, 2020 85
FR 40113 is confirmed: August 5, 2020.
FOR FURTHER INFORMATION CONTACT: Tara DiJohn, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426, 202 5028671, tara.dijohn@
ferc.gov.
SUMMARY:

SUPPLEMENTARY INFORMATION:

1. On June 9, 2020, the Federal Energy Regulatory Commission Commission issued Order No. 871, which is a final rule that precludes the issuance of authorizations to proceed with construction activities with respect to a Natural Gas Act NGA section 3
authorization or section 7c certificate order until the Commission acts on the merits of any timely-filed request for rehearing or the time for filing such a request has passed.1 On July 9, 2020, the 1 Limiting Authorizations to Proceed with Construction Activities Pending Rehearing, Order
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Interstate Natural Gas Association of America INGAA requested clarification or, in the alternative, rehearing, and Kinder Morgan, Inc.
Natural Gas Entities 2 Kinder Morgan and TC Energy Corporation TC Energy requested rehearing of Order No. 871.
2. Pursuant to Allegheny Defense Project v. FERC,3 the rehearing requests filed in this proceeding may be deemed denied by operation of law. However, as permitted by section 19a of the NGA,4
we are modifying the discussion in Order No. 871 and providing for additional briefing, as discussed below.5
I. Background 3. In Order No. 871, the Commission explained that historically, due to the complex nature of the matters raised on rehearing of orders granting authorizations under NGA sections 3
and 7, the Commission had often issued an order known as a tolling order by the thirtieth day following the filing of a rehearing request, allowing itself additional time to provide thoughtful, well-considered attention to the issues raised on rehearing.
4. In order to balance its commitment to expeditiously responding to parties concerns in comprehensive orders on rehearing and the serious concerns posed by the possibility of construction proceeding prior to the completion of agency review, the Commission, in Order No. 871, exercised its discretion by amending its regulations to add new 157.23, which precludes the issuance of authorizations to proceed with construction of projects authorized under NGA sections 3 and 7 during the period for filing request for rehearing of No. 871, 85 FR 40113 July 6, 2020, 171 FERC
61,201 2020.
2 The Kinder Morgan Gas Entities include:
Natural Gas Pipeline Company of America LLC;
Tennessee Gas Pipeline Company, L.L.C.; Southern Natural Gas Company, L.L.C.; Colorado Interstate Gas Company, L.L.C.; Wyoming Interstate Company, L.L.C.; El Paso Natural Gas Company, L.L.C.; Mojave Pipeline Company, L.L.C.; Bear Creek Storage Company, L.L.C.; Cheyenne Plains Gas Pipeline Company, LLC; Elba Express Company, L.L.C.; Kinder Morgan Louisiana Pipeline LLC; Southern LNG Company, L.L.C.; and TransColorado Gas Transmission Company LLC.
3 964 F.3d 1 D.C. Cir. 2020 en banc Allegheny.
4 15 U.S.C. 717ra Until the record in a proceeding shall have been filed in a court of appeals, as provided in subsection b, the Commission may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it under the provisions of this chapter..
5 Allegheny, 964 F.3d at 1617.

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