FERC-577, Natural Gas
Facilities: Environmental Review and Compliance (Final Rule in
RM22-8)
Revision of a currently approved collection
No
Regular
11/20/2023
Requested
Previously Approved
08/31/2026
08/31/2026
25,328
25,232
378,535
359,957
0
0
FERC-577 identifies information
collection activities relating to Parts 2, 157, 284, and 380 of the
Commission's regulations implementing the National Environmental
Policy Act (NEPA) and information collections relating to landowner
notifications. The Final Rule in Docket No. RM22-8-000 updates the
language in 18 CFR 380.12(o)(15) with new regulatory text that
requires applicants to provide the engineering and design
information that they have typically provided in accordance with
the Commission’s “Guidance Manual for Environmental Report
Preparation for Applications Filed Under the Natural Gas Act,”
which was issued in February of 2017. This new regulatory language
thus codifies practices traceable to the 2017 Guidance Manual. In
the Notice of Proposed Rule (NOPR) in Docket No. RM22-8-000,
FERC-539A and FERC-577A were temporary placeholder designations for
FERC-539 and FERC-577, respectively. The temporary placeholder
designations were necessary because only one request is allowed at
a time for any information collection, and requests were pending at
OMB for both FERC-539 and FERC-577. As part of its review of the
information collections associated with the NOPR in Docket No.
RM22-9-000, OMB issued “comment and continue” types of decision for
FERC-539A. OMB also assigned new control number (i.e., 1902-0326
and 1902-0327) for FERC-539A and FERC-577A. The previously pending
requests for FERC-539 and FERC-577 have been approved and this
information collection request seeks revision of those collections
in connection with the Final Rule in Docket No. RM22-8. In the
metadata in ROCIS for FERC-577, we are listing the NOPR (RIN
1902-AG06) as a 60-day notice and the Final Rule as a 30-day notice
(as well as a Final Rule) so that we may characterize our request
as a “regular” type of request. ROCIS allowed us to characterize
our request for FERC-539 as "regular" without taking those
measures.
US Code:
15 USC 717 to 717w Name of Law: Natural Gas Act
US Code: 42
USC 4321 Name of Law: National Environmental Policy Act of 1969
(NEPA)
The final rule (RIN 1902-AG06)
includes program changes in its revisions of 18 CFR 380.12(o). For
example, paragraph 12 of that regulation historically has required
only that Resource Report 13 identify codes and standards related
to siting of a proposed LNG plant and marine terminal, if
applicable. To ensure public safety and reliability of proposed LNG
facilities not only during siting of the facilities but also during
construction and operations of those facilities, the final rule
revises § 380.12(o)(12) so that Resource Report 13 now includes
identification of codes and standards for the design, construction,
testing, monitoring, operation, and maintenance of the LNG facility
in addition to identification of codes and standards for siting.
The final rule also includes program changes related to 18 CFR
380.12(o)(15). Historically, that regulation has required
applicants to provide in Resource Report 13 seismic information
specified in a report of the National Bureau of Standards for
facilities that would be located in zone 2, 3, or 4 of the Uniform
Building Code Seismic Map of the United States. The references to
the National Bureau of Standards and the Uniform Building Code are
both outdated. For that reason, the final rule in Docket No. RM22-8
amends 18 CFR 380.12(o)(15) to codify the following recommendations
from the 2017 Guidelines: that applicants: • Demonstrate that the
proposed facilities will be sited, designed, constructed, and
operated to maintain reliability and will not significantly impact
public safety given geotechnical conditions and the occurrence of a
natural hazard; • Provide geotechnical studies and natural hazard
studies based on the site location, which must provide impacts and
magnitude of historical events and projected impacts and magnitude
of events based on projected prescriptive / deterministic events
and projected probabilistic events corresponding to mean recurrence
intervals; • Provide the basis of design supported by site
information, including design parameters and criteria and
preliminary resultant design loads used in the geotechnical and
structural design of LNG facilities; and • Include construction and
operation information that discusses quality assurance and quality
control plans, monitoring programs, and action programs developed
in preparation of and response to geotechnical and natural hazards.
New 18 CFR 380.15(o)(15) also provides that all information
provided must, at a minimum, demonstrate compliance with all
applicable federal requirements and applicable codes and standards,
and identify any applicable state and local requirements for the
siting, design, construction, testing, monitoring, operation, and
maintenance used to safeguard against significant impacts caused by
geotechnical conditions and natural hazards.
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 for FERC-577 clean.docx
42 U.S.C. 4332.pdf
Gas Pipeline Certificates: Environmental Impact Statement