FERC-577A (and RM22-8 Proposed Rule): LNG Facilities: Environmental Review and Compliance

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
RM22-8 supporting statement proposed rule.docx	Supporting Statement A	Uploaded 2022-12-23	Repair queued
Appendix A to 18 CFR Part 380.pdf	Supplementary Document	Uploaded 2022-11-30	Repair queued
Volume II of 2017 guidance manual.pdf	Supplementary Document	Uploaded 2022-11-30	Repair queued
2017 Guidance Manual Volume I.pdf	Supplementary Document	Uploaded 2022-11-30	Repair queued
18 CFR 380.12.pdf	Supplementary Document	Uploaded 2022-11-18	Repair queued
42 U.S.C. 4332.pdf	Supplementary Document	Uploaded 2022-11-18	Repair queued
15 U.S.C. 717f.pdf	Supplementary Document	Uploaded 2022-11-18	Repair queued
15 U.S.C. 717b.pdf	Supplementary Document	Uploaded 2022-11-18	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
257199	Resource Reports 3 and 13 (18 CFR 380.12 and Appendix A to 18 CFR Part 380)		New

ICR Details

OMB Control No: 1902-0327	ICR Reference No: 202211-1902-007
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: FERC	Agency Tracking No: FERC-577A
Title: FERC-577A (and RM22-8 Proposed Rule): LNG Facilities: Environmental Review and Compliance
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 05/25/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/28/2022
Terms of Clearance: 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. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The regulations at 18 CFR Part 380 assist the Commission in implementing NEPA. Part 380 includes regulations pertaining to applications under section 3 and 7 of the NGA. Any such application must include an environmental report that consists of 13 “Resource Reports” that are described at 18 CFR 380.12. The proposed rule would revise the requirements for Resource Reports 6 and 13. Resource Report 6 ― At present, the regulation at 18 CFR 380.12(h)(5) provides that Resource Report 6 (“Geological Resources”) include data on earthquake hazards and engineering that conforms to NBSIR 84–2833 if the applicant proposes to construct and operate LNG facilities located in zones 2, 3, or 4 of the UBC map, or where there is potential for surface faulting or liquefaction. The proposed rule would revise 18 CFR 380.12(h)(5) and paragraph 4 of Appendix A to 380 by simply requiring that Resource Report 6 include “a report on earthquake hazards and engineering design.” Resource Report 13 ―At present, the regulation at 18 CFR 380.12(o)(14) requires that Resource Report 13 ("Engineering and Design Material" for a proposed LNG facility) requires an applicant to identify how it will comply with the applicable U.S. Department of Transportation (DOT) regulations, including its siting requirements, the National Fire Protection Association 59A LNG Standards (NFPA 59A), and, if applicable, U.S. Coast Guard’s regulations pertaining to vapor dispersion calculations from LNG spills over water. The regulation at 18 CFR 380.12(o)(15) currently requires applicants to provide seismic information specified in NBSIR 84-2833 for LNG facilities that would be located in zone 2, 3, or 4 of the UBC map. The proposed rule would revise paragraphs 14 and 15 of 380.12(o). Proposed paragraph 14 would require applicants to identify all applicable federal, state, and local regulations and requirements and explain how the proposed project will comply with each applicable federal regulation and requirement. The Commission has determined that current paragraph 14 results in confusion about the informational requirements that the Commission applies to its review of applications for the construction and operation of LNG facilities. For example, not all LNG facilities under the Commission’s jurisdiction must meet the design criteria specified in NFPA 59A, 49 CFR Part 193, or 33 CFR Part 127. On the other hand, LNG facilities may be subject to federal regulations that are not currently mentioned in paragraph 14, such as the Environmental Protection Agency’s regulations pertaining to its chemical accidental prevention program (40 CFR Part 68) or the Occupational Safety and Health Administration’s regulations regarding the safe management of highly hazardous chemicals (29 CFR 1910.119). Proposed paragraph 15 would prevent confusion caused by codified references to the UBC map and NBSIR 84-2833, and would add new regulatory text that requires applicants to provide the engineering and design information that they have typically provided in accordance with the 2017 Guidance. Specifically, proposed section 380.12(o)(15)(i) would require applicants to provide general site-specific engineering information used in the geotechnical and structural design of all structures, systems, and components. This information would: (1) address occupancy and risk categorization; (2) clarify applicants’ interpretation of risk and reliability tolerances; (3) ensure an application discusses how the project design would withstand load combinations.

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Authorizing Statute(s): US Code: 15 USC 717f Name of Law: Natural Gas Act
   US Code: 42 USC 4332 Name of Law: National Environmental Policy Act
   US Code: 15 USC 717b Name of Law: Natural Gas Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AG06	Proposed rulemaking	87 FR 72906	11/28/2022

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Resource Reports 3 and 13 (18 CFR 380.12 and Appendix A to 18 CFR Part 380)

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: All of the estimated burdens for FERC-577A 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 Commission’s regulations and reduce confusion related to the preparation and filing of applications to certificate LNG terminals, or to site, design, construct, operate, or modify facilities for the import or export of LNG.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 12/28/2022

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