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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Rules and Regulations
D. Required Compliance Filings 25. As suggested by INGAA, we have selected an implementation schedule for compliance with this Final Rule that delays implementation until after the 20212022 winter heating period. To implement the standards that we are incorporating by reference in this Final Rule, we will require each interstate natural gas pipeline to file a separate tariff record reflecting the changed standards by November 12, 2021, to take effect on June 1, 2022 26 We are adopting this implementation schedule to give the interstate natural gas pipelines subject to these standards adequate time to implement these changes.
E. Implementation Schedule 26. To implement these standards, we require interstate natural gas pipelines to file tariff records to reflect the changed standards by November 12, 2021. None of the comments took issue with the Commissions explanation of its policies on tariff filings and on waiver requests to comply with these standards.27 Therefore, we are not modifying these policies in this Final Rule and affirm the explanation of those policies the Commission made in the Version 3.2 NOPR.
27. In addition, consistent with the requirements in Order No. 587W,28 we are including the following filing requirements for the November 12, 2021
compliance filing to increase the transparency of the pipelines incorporation by reference of the NAESB WGQ Standards so that shippers and the Commission will know which tariff provisions implements each standard as well as the status of each standard.
1 The pipelines must designate a single tariff record under which every NAESB standard currently incorporated by reference by the Commission is listed.29 This section should be a separate tariff record under the Commissions electronic tariff filing requirement and should be filed electronically using the eTariff portal using the Type of Filing Code 580. We will post on the Commissions eLibrary website under Docket No. RM961

042 a sample tariff record, to provide filers an illustrative example to aid them in preparing their compliance filings; 30
2 For each standard, each pipeline must specify in the tariff record a list of all the NAESB standards currently incorporated by reference by the Commission:
a whether the standard is incorporated by reference;
b for those standards not incorporated by reference, the tariff provision that complies with the standard; 31 and c a statement identifying any standards for which the pipeline has been granted a waiver, extension of time, or other variance with respect to compliance with the standard.32
3 If the pipeline is requesting a continuation of a previously granted waiver or extension of time to comply with certain NAESB WGQ standards, it must include a table in its transmittal letter that states the standard for which a waiver or extension of time was granted, and the docket number or order citation to the proceeding in which the waiver or extension of time was granted.
III. Notice of Use of Voluntary Consensus Standards 28. Office of Management and Budget OMB Circular A119 section 11 Feb.
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 government-unique standard. In this Final Rule, we are incorporating by reference voluntary consensus standards developed by NAESBs WGQ. In section 12d of NTT&AA, Congress affirmatively requires federal agencies to use technical standards developed by voluntary consensus standards organizations to carry out policy objectives or activities determined by the agencies unless use of such standards would be inconsistent with 30 Id.

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26 To
aid in compliance, promptly after issuance of this Final Rule, we will post a sample tariff record on the Commissions website that may be accessed at https www.ferc.gov/ferc-online/
elibrary. All interstate natural gas pipelines are to file their tariff records in conformance with this sample tariff record.
27 Version 3.2 NOPR, 174 FERC 61,103 at PP
2024.
28 Standards for Bus. Pracs. of Interstate Nat. Gas Pipelines, Ord. No. 587W, 80 FR 67302 Nov. 2, 2015, 153 FERC 61,061, at P 42 2015 Ord. No.
587W.
29 See supra n.21.

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31 For example, pipelines are required to include the full text of the NAESB nomination and capacity release timeline standards WGQ Standards 1.3.2ivi and 5.3.2, respectively in their tariffs. See, e.g., Standards for Bus. Pracs. of Interstate Nat. Gas Pipelines, Ord. No. 587U, 75 FR 16337 Apr. 1, 2010, 130 FERC 61,212, at P 39 & n.42 2010.
Each pipelines submittal is to identify which tariff provision complies with each of these standards.
32 Shippers can use the Commissions electronic tariff system to locate the tariff record containing the NAESB WGQ standards, which will indicate the docket number in which any waiver or extension of time was granted.

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applicable law or otherwise impractical.33
IV. Incorporation by Reference 29. The Office of the Federal Register requires agencies incorporating material by reference in final rules to discuss the ways that the materials it incorporates by reference are reasonably available to interested parties and how interested parties can obtain the materials.34 The regulations also require agencies to summarize, in the preamble of the final rule, the material it incorporates by reference. The standards that we are incorporating by reference in this Final Rule consist of seven suites of NAESB
WGQ Business Practice Standards that address a variety of topics and are designed to streamline the transactional processes for the wholesale natural gas industry by promoting a more competitive and efficient market. These include the: Additional Business Practice Standards; Nominations Related Business Practice Standards;
Flowing Gas Related Business Practice Standards; Invoicing Related Business Practice Standards; Quadrant Electronic Delivery Mechanism Related Business Practice Standards; Capacity Release Related Business Practice Standards;
and internet Electronic Transport Related Business Practice Standards. We summarize these standards below.
30. The Additional Business Practice Standards address six areas:
Creditworthiness; Storage Information;
Gas/Electric Operational Communications; Operational Capacity;
Unsubscribed Capacity; and Location Data Download.
The Creditworthiness related standards describe requirements for the exchange of information, notification, and communication between parties during the creditworthiness evaluation process.
The Storage Information related standards define the information to be provided to natural gas service requesters related to storage activities and/or balances.
The Gas/Electric Operational Communications related standards define communication protocols intended to improve coordination between the gas and electric industries in daily operational communications between transportation service providers and gas-fired power plants.
The standards include requirements for communicating anticipated power generation fuel for the upcoming day as 33 Public Law 104113, 12d, 110 Stat. 775
1996, 15 U.S.C. 272 note 1997.
34 1 CFR 51.5 2020. See Incorporation by Reference, 79 FR 66267 Nov. 7, 2014.

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