View Information Collection Request (ICR) Package

OMB Control No: 1902-0128	ICR Reference No: 202311-1902-003
Status: Active	Previous ICR Reference No: 202210-1902-007
Agency/Subagency: FERC	Agency Tracking No: FERC-577
Title: FERC-577, Natural Gas Facilities: Environmental Review and Compliance (Final Rule in RM22-8)
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: 06/13/2024
	Date Received in OIRA: 11/20/2023
Terms of Clearance: Because the agency sought comments only on the changes associated with the rule, the existing expiration date remains the same for this collection. In accordance with 5 CFR 1320, the information collection is approved.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2026	08/31/2026	08/31/2026
Responses	25,328	0	25,232
Time Burden (Hours)	364,745	0	359,957
Cost Burden (Dollars)	0	0	0

Abstract: 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 ROCIS metadata FERC-539 and FERC-577, we are listing the NOPR (RIN 1902-AG06) as a 60-day notice and the Final Rule as a 30-day notice 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.

Authorizing Statute(s): US Code: 42 USC 4321 Name of Law: National Environmental Policy Act of 1969 (NEPA)
US Code: 15 USC 717 to 717w Name of Law: Natural Gas Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 72906	11/27/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 74033	10/30/2023
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	25,328	25,232	96
Annual Time Burden (Hours)	364,745	359,957	4,788
Annual Cost Burden (Dollars)	0	0	0

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: The final rule in RM22-8 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.

Annual Cost to Federal Government: $807,754

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

Agency Contact: Jean Sonneman 202 785-6577 jean_sonneman@blm.gov

View ICR - OIRA Conclusion