FERC-538, Gas Pipeline Certificates: Section 7(a) Mandatory Initial Service (PL24-1-000)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Final_FERC-538 supporting statement_PL24-1.docx	Supporting Statement A	Uploaded 2024-04-05	Repair queued
Proposed Policy Statement_PL24-1-000_Issued_10_19_23.docx	Supplementary Document	Uploaded 2024-04-01	Available
Final Policy Statement_PL24-1-000_3_21_24.docx	Supplementary Document	Uploaded 2024-04-01	Available
Proposed Policy Statement_PL24-1-000.pdf	Supplementary Document	Uploaded 2024-04-01	Repair queued
Final Policy Statement_PL24-1-000.pdf	Supplementary Document	Uploaded 2024-04-01	Available
18 CFR 156.pdf	Supplementary Document	Uploaded 2019-05-21	Available
15 USC 717-717z.pdf	Supplementary Document	Uploaded 2019-05-21	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
22989	FERC-538, Gas Pipeline Certificates: Section 7(a) Mandatory Initial Service		Modified

ICR Details

OMB Control No: 1902-0061	ICR Reference No: 202403-1902-017
Status: Historical Active	Previous ICR Reference No: 202206-1902-006
Agency/Subagency: FERC	Agency Tracking No: FERC-538
Title: FERC-538, Gas Pipeline Certificates: Section 7(a) Mandatory Initial Service (PL24-1-000)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/27/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/09/2024
Terms of Clearance: Because the agency sought comments only on the changes associated with the policy statement, the existing expiration date remains the same for this collection. In accordance with 5 CFR 1320, the information collection is approved.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2026	36 Months From Approved	08/31/2026
Responses	1	0	1
Time Burden (Hours)	255	0	240
Cost Burden (Dollars)	0	0	0

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Abstract: The purpose of FERC-538 is to implement the information collections pursuant to Sections 7(a), 10(a) and 16 of Natural Gas Act (NGA) , and part 156 of the Commission Regulations. These statutes and regulations upon application by a person or municipality authorized to engage in the local distribution of natural gas, allow for the Commission to order a natural gas company to extend or improve its transportation facilities and sell natural gas to the municipality or person and, for such purpose, to extend its transportation facilities to communities immediately adjacent to such facilities or to territories served by the natural gas pipeline company. The Commission uses the application data in order to be fully informed concerning the applicant, and the service the applicant is requesting. In the final policy statement, PL24-1-000, the Commission is clarifying that the cost data (submitted via the FERC-538) should include project-wide labor wages and include union and non-union wages. The Commission clarified it will look to applicable collective-bargaining agreements or Project Labor Agreements as an appropriate default source of project-area wage standards because collectively bargained wages reflect actual wage and fringe benefit rates paid to the project workforce. Collective-bargaining agreements reflect the actual labor cost that should be included in cost estimate submitted in conjunction with request for a municipality or to person extend its transportation facilities to communities immediately adjacent to such facilities or to territories served a natural gas pipeline company.

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Authorizing Statute(s): US Code: 15 USC 717-717w 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 73833	10/27/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 21503	03/28/2024
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
FERC-538, Gas Pipeline Certificates: Section 7(a) Mandatory Initial Service

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1	1	0	0	0	0
Annual Time Burden (Hours)	255	240	0	15	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: In the final policy statement, the Commission estimates that there would be an increase of 15 hours to provide the project-wide labor costs as described in PL24-1-000. The Commission is adding the 15 hours to the currently existing placeholder estimate.

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Annual Cost to Federal Government: $216,182

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: 04/09/2024

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