FERC-539A (for RM22-8 Proposed Rule): Gas Pipeline Certificate: Import/Export of LNG
New collection (Request for a new OMB Control Number)
No
Regular
Comment filed on proposed rule
05/25/2023
12/28/2022
OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an
approval to conduct or sponsor an information collection under the Paperwork Reduction Act
of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a
new OMB Control Number, the OMB Control Number will not appear in the active inventory.
For future submissions of this information collection, reference the OMB Control Number
provided.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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0
0
0
0
0
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The information collection activities proposed in Docket No. RM22-8-000 for FERC-539A would assist the Commission in implementing section 3 of the Natural Gas Act (NGA). Section 3(a) of the NGA grants federal jurisdiction either to authorize (with or without conditions or modifications) or deny authorization for the siting, construction, and operation of facilities used to import or export natural gas. Section 3(e) of the NGA authorizes the Commission to approve or deny an application for the siting, construction, expansion, or operation of an LNG terminal.
The regulations at 18 CFR Part 153 pertain to applications for authorization to site, construct, or operate facilities used to export or import natural gas under section 3 of the NGA. The regulation at 18 CFR 153.8(a) sets forth exhibits that must accompany an application.
At present, paragraph (6) of section 153.8(a) requires an applicant to file an Exhibit E-1, which consists of a report on earthquake hazards and engineering, if the proposed LNG import/export facility is to be located at a site in zones 2, 3, or 4 of the UBC Map, or where there is a risk of surface faulting or ground liquefaction. The regulation currently states that guidelines for the required report are contained in NBSIR 84-2833.
The proposed rule would remove paragraph (6) of 18 CFR 153.8(a), on grounds that the UBC Map and NBSIR 84-2833 are outdated. Other currently required exhibits that have been approved in FERC-539, and for which a renewal request is pending at OMB, would continue to be required.
All of the estimated burdens for FERC-539A in the NOPR are for a new control number. All of these burdens would be program changes that are due to agency discretion and are in accordance with the Commission's determination that these changes are necessary to update the Commissionâs regulations and reduce confusion related the preparation and filing of applications to site, design, construct, operate, or modify facilities for the import or export of LNG.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
RM22-8 supporting statement proposed rule.docx
Appendix A to 18 CFR Part 380.pdf
Exhibits to support an application to site, construct, or operate facilities used to export or import natural gas under section 3 of the NGA (18 CFR 153.8(a))