Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 74033 

1The National Technology Transfer and 

Advancement Act of 1995 (NTTAA) defines 

‘‘technical standards’’ as ‘‘performance-based or 

design-specific technical specifications and related 

management systems practices.’’ 15 U.S.C. 272 note. 

The Office of Management and Budget (OMB) 

clarifies that the definition of technical standard 

includes, among other things, the definition of 

terms; classification of components; delineation of 

procedures; specification of dimensions, materials, 

performance, designs, or operations; measurement 

of quality and quantity in describing materials, 

processes, products, systems, services, or practices; 

test methods and sampling procedures; formats for 

information and communication exchange; or 

descriptions of fit and measurements of size or 

strength. Office of Mgmt. & Budget, Exec. Office of 

the President, Revised OMB Circular A–119, 

Federal Participation in the Development and Use 

of Voluntary Consensus Standards and in 

Conformity Assessment Activities 2(a) (Jan. 27, 

2016). 

2See, e.g., Revisions to Reguls. Governing 

Authorization for Constr. of Nat. Gas Pipeline 

Facilities, Order No. 555, FERC Stats. & Regs. 

¶ 30,928 (1991) (cross-referenced at 56 FERC 

¶ 61,414), withdrawn, FERC Stats & Regs. ¶ 30,965 

Continued 

■ 38. In § 388.106, the section heading, 

paragraph (a), and paragraph (b) 

introductory text are revised to read as 

follows: 

§ 388.106 Requests for Commission 

records available from the Commission’s 

website, https://www.ferc.gov. 

(a) Publicly available documents may 

be obtained electronically from the 

Commission’s website, https://

www.ferc.gov, or by requesting them 

from the public.referenceroom@ferc.gov 

by reasonably describing the records 

sought. Additional information on 

charges and services is available on the 

website. 

(b) The public records of the 

Commission that are available for 

inspection and copying upon request 

via the Commission’s website, include: 

* * * * * 

■ 39. In § 388.108, the section heading 

and paragraphs (a)(1) introductory text 

and (b)(1)(i) are revised to read as 

follows: 

§ 388.108 Requests for Commission 

records not available from the 

Commission’s website, https://

www.ferc.gov. 

(a) * * * 

(1) Except as provided in paragraph 

(a)(2) of this section, a person may 

request access to Commission records, 

including records maintained in 

electronic format, that are not available 

through the Commission’s website, 

https://www.ferc.gov, by using the 

following procedures: 

* * * * * 

(b) * * * 

(1) * * * 

(i) Track One—records that are readily 

identifiable and were previously cleared 

for release (including those subject to 

multiple requests and placed on https:// 

www.ferc.gov); 

* * * * * 

■ 40. In § 388.109, paragraph (a) and 

paragraph (b) introductory text are 

revised to read as follows: 

§ 388.109 Fees for record requests. 

(a) Fees for records available through 

the Commission’s website. (1) The fee 

for finding and duplicating records 

available from the Commission’s 

website, https://www.ferc.gov, will vary 

depending on the size and complexity 

of the request. A person can obtain a 

copy of the schedule of fees from the 

Commission’s website, https://

www.ferc.gov. In addition, copies of data 

extracted from the Commission’s files 

through electronic media are available 

on a reimbursable basis, upon written 

request to the Commission. 

(2) Stenographic reports of 

Commission hearings are made by a 

private contractor. Interested persons 

may obtain copies of public hearing 

transcripts from the contractor at prices 

set in the contract, or through the search 

and duplication service noted above. 

Copies of the contract are available for 

public inspection on the Commission’s 

website, https://www.ferc.gov. 

(b) Fees for records not available 

through the Commission’s website 

(FOIA or CEII requests). The cost of 

duplication of records not available 

from the Commission’s website, https:// 

www.ferc.gov, will depend on the 

number of documents requested, the 

time necessary to locate the documents 

requested, and the category of the 

persons requesting the records. The 

procedures for appeal of denial of 

requests for fee waiver or reduction are 

set forth in § 388.110. 

* * * * * 

■ 41. In § 388.110, the section heading 

is revised to read as follows: 

§ 388.110 Procedure for appeal of denial of 

requests for Commission records not 

publicly available, denial of requests for fee 

waiver or reduction, and denial of requests 

for expedited processing. 

* * * * * 

[FR Doc. 2023–23587 Filed 10–27–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 153 and 380 

[Docket No. RM22–8–000; Order No. 900] 

Engineering and Design Materials for 

Liquefied Natural Gas Facilities 

Related to Potential Impacts Caused 

by Natural Hazards 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

issues this final rule to revise its 

regulations governing liquefied natural 

gas (LNG) facilities subject to sections 3 

and 7 of the Natural Gas Act (NGA) by 

removing outdated references for 

seismic hazard evaluations and seismic 

design criteria for LNG facilities. In their 

place, the Commission codifies its 

existing practice of evaluating seismic 

and other natural hazards and design 

criteria for jurisdictional LNG facilities. 

These revisions are intended to reduce 

confusion about applicable technical 

requirements and clarify the 

information required in applications 

filed before the Commission to ensure 

the public is protected from potential 

catastrophic impacts caused by natural 

hazards from design through the 

operation of the LNG facilities. 

DATES: This rule is effective December 

29, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Kohout (Technical 

Information), Office of Energy Projects, 

Federal Energy Regulatory Commission, 

888 First Street NE, Washington, DC 

20426, (202) 502–8053, andrew.kohout@

ferc.gov. 

Kenneth Yu (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street NE, Washington, DC 20426, 

(202) 502–8482, kenneth.yu@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

1. In this final rule, the Federal 

Energy Regulatory Commission 

(Commission or FERC) revises its 

regulations under 18 CFR parts 153 and 

380 governing liquefied natural gas 

(LNG) facilities subject to sections 3 and 

7 of the Natural Gas Act (NGA) by 

removing references to a legacy agency 

(the National Bureau of Standards) that 

has been renamed and two technical 

standards 1 related to seismic hazard 

evaluation and seismic design criteria 

for LNG facilities (Uniform Building 

Code’s (UBC) Seismic Risk Map of the 

United States (Map) and National 

Bureau of Standards Information Report 

(NBSIR) 84–2833, Data Requirements 

for the Seismic Review of LNG Facilities) 

that have become outdated. Consistent 

with the Commission’s previous 

rulemakings to update outdated 

regulations,2 the final rule codifies the 


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74034 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 

(cross-referenced at 62 FERC ¶ 61,249) (before 

withdrawing the final rule, the Commission 

attempted to update and codify the Commission’s 

practice of processing environmental data in part 

380 by formalizing the use of resource reports); 

Applications for Authorization to Construct, 

Operate, or Modify Facilities Used for the Exp. or 

Imp. of Nat. Gas, Order No. 595, FERC Stats. & 

Regs. ¶ 31,054 (1997) (cross-referenced at 79 FERC 

¶ 61,245) (codifying the Commission’s practice of 

requiring engineering-related information and 

seismic information in NBSIR 84–2833); Revision of 

Existing Reguls. Governing the Filing of 

Applications for the Constr. & Operation of 

Facilities to Provide Serv. or to Abandon or Serv. 

Under Section 7 of the Nat. Gas Act, Order No. 603, 

FERC Stats. & Regs. ¶ 31,073 (1999) (crossreferenced at 87 FERC ¶ 61,125) (codifying the 

Commission’s practice of allowing applicants to 

prepare environmental reports in the form of 

resource reports). 

3Notice of Availability of the Final Guidance 

Manual for Env’l Preparation, 82 FR 12088 (Feb. 28, 

2017). The 2017 Guidance is available at https://

cms.ferc.gov/media/guidance-manual-volume-2pdf. 

4 15 U.S.C. 717b(e)(1). 

5 Id. 717b(a). The 1977 Department of Energy 

(DOE) Organization Act (42 U.S.C. 7151(b)) placed 

all section 3 jurisdiction under DOE. The Secretary 

of Energy subsequently delegated authority to the 

Commission to ‘‘[a]pprove or disapprove the 

construction and operation of particular facilities, 

the site at which such facilities shall be located, and 

with respect to natural gas that involves the 

construction of new domestic facilities, the place of 

entry for imports or exit for exports.’’ DOE 

Delegation Order No. S1–DEL–FERC–2006, section 

1.21A (May 16, 2006). 

6 15 U.S.C. 717f(c). 

7 42 U.S.C. 4321 et seq; 15 U.S.C. 717n(b)(1). 

8 15 U.S.C. 717o. 

9Applicants seeking authorization to construct 

LNG terminals are required to comply with the 

Commission’s pre-filing process prior to filing an 

application with the Commission. Id. 717b–1(a); 18 

CFR 157.21. 

10See 18 CFR 153.8(a)(5) and (6) and (a)(7)(i), 

157.14(a)(7), 157.21, 380.3, 380.12. 

11 Id. § 153.8(a)(5). 

12 Id. § 153.8(a)(6). 

13 Id. § 153.8(a)(7)(i). See also id. § 157.21 

(requiring prospective applicants of LNG import or 

export facilities to prepare an application that 

contains the environmental information prescribed 

in part 380). 

14 Id. § 157.14(a)(7). 

15 Id. § 380.3(c)(2). Section 380.3(b) also requires 

applicants to provide all necessary or relevant 

information to the Commission and conduct studies 

that the Commission staff has considered necessary 

or relevant to determine the impact of the proposal 

on the environment. Id. § 380.3(b)(1) and (2). 

16 Id. § 380.12. 

17 Id. § 380.12(h)(5). 

18 Id. § 380.12(o). 

19 49 CFR part 193. 

20 33 CFR part 127. 

21 18 CFR 380.12(o)(14). 

Commission’s current practice for 

reviewing seismic and other natural 

hazard evaluation and design materials 

related to NGA section 3 and 7 

applications for LNG facilities, as 

memorialized in the Commission’s 

Guidance Manual for Environmental 

Report Preparation for Applications 

Filed Under the Natural Gas Act, 

Volume II, Liquefied Natural Gas Project 

Resource Reports 11 and 13 

Supplemental Guidance (2017 

Guidance).3 The Commission uses such 

engineering and design materials to 

assist in determining that the 

construction and operation of a 

proposed LNG facility will be safe and 

reliable for its entire life. The purpose 

of the rulemaking is to reduce confusion 

about the informational requirements 

under parts 153 and 380 of the 

Commission’s regulations. 

I. Background 

A. The Commission’s Statutory 

Authority 

2. Under section 3(e) of the NGA, the 

Commission has exclusive jurisdiction 

over authorizing the siting, 

construction, expansion, and operation 

of LNG terminals onshore and in state 

waters.4 Additionally, section 3(a) of the 

NGA provides that the Commission may 

condition authorizations for the siting, 

construction, and operation of facilities 

used to import or export gas as it may 

find necessary or appropriate.5 The 

Commission also issues certificates of 

public convenience and necessity for 

LNG and other facilities used for the 

transportation of natural gas in 

interstate commerce under section 7 of 

the NGA.6 When acting on applications 

filed pursuant to these sections of the 

NGA, the Commission serves as the lead 

Federal agency for satisfying 

compliance with the National 

Environmental Policy Act (NEPA).7

3. Moreover, section 16 of the NGA 

authorizes the Commission to prescribe 

and issue rules and regulations that 

define technical terms and prescribe the 

form or forms of all applications and 

reports to be filed before the 

Commission, and the information which 

they must contain.8

B. The Commission’s LNG and NEPA 

Regulations 

4. The Commission’s regulations 

implementing its statutory authority, 

codified in 18 CFR parts 153, 157, and 

380, direct prospective applicants 9 and 

applicants to provide information 

necessary for the Commission to process 

their applications.10 Part 153 of the 

Commission’s regulations pertains to 

applications for authorization to site, 

construct, or operate facilities used to 

export or import natural gas under 

section 3 of the NGA. These 

applications must include exhibits that 

are consistent with § 153.8(a). In 

particular, paragraph (a)(5) requires a 

report containing detailed engineering 

and design information be included in 

an application’s Exhibit E and 

references the Commission’s Guidance 

Manual for Environmental Report 

Preparation.11 In addition, paragraph 

(a)(6) requires a report on earthquake 

hazards and engineering be included in 

an application’s Exhibit E–1 12 and 

paragraph (a)(7) requires that an 

application include an Exhibit F, an 

environmental report that complies with 

§§ 380.3 and 380.12 of the 

Commission’s regulations.13

5. Similarly, in part 157 of the 

Commission’s regulations, which 

pertains to applications for certificates 

of public convenience and necessity for 

the construction and operation of 

facilities to provide interstate natural 

gas transportation service under section 

7 of the NGA, § 157.14(a) sets forth the 

exhibits that must accompany an NGA 

section 7 application. Paragraph (a)(7) 

requires the applicant to file an Exhibit 

F–1, an environmental report that 

complies with §§ 380.3 and 380.12 of 

the Commission’s regulations.14

6. Section 380.3 establishes the 

information that an applicant must file, 

including information identified in 

§ 380.12 and appendix A to part 380.15

Section 380.12 identifies the content 

requirements for each of the 

environmental reports outlined in the 

13 individual resource reports.16

Specifically, § 380.12(h)(5) requires a 

report, in Resource Report 6 (Geological 

Resources), 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.17

7. Further, pursuant to § 380.12(o), 

applicants must also prepare a report, 

Resource Report 13, that contains 

engineering and design material for the 

proposed LNG facility.18 The 

information provided in Resource 

Report 13 is used to evaluate the 

information provided in Resource 

Report 11, which addresses the 

potential hazard to the public from 

failure of LNG facility components 

resulting from accidents and natural 

catastrophes, including seismic events, 

the effects of these events on reliability, 

and the procedures and design features 

that have been used to reduce potential 

failures. Section 380.12(o)(14) requires 

an applicant to identify how it will 

comply with the applicable U.S. 

Department of Transportation (DOT) 

regulations,19 including its siting 

requirements, the National Fire 

Protection Association (NFPA) 59A LNG 

Standards and, if applicable, U.S. Coast 

Guard’s regulations 20 pertaining to 

vapor dispersion calculations from LNG 

spills over water.21 As with Resource 


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22 Id. § 380.12(o)(15). 

23 Id. part 380, appendix A. 

24 Id. §§ 153.21, 157.8. Commission practice is to 

issue data requests seeking to obtain missing 

information before an application is rejected. 

25 International Conference of Building Officials, 

Dwelling Construction Under the Uniform Building 

Code (1997 ed.). 

26The IBC was most recently revised in 2021 and 

various editions are in use or have been adopted by 

states, territories, and municipalities. See 

International Code Council, International Codes, 

https://codes.iccsafe.org/codes/i-codes; 

International Code Council, International Building 

Code Adoption Map, https://www.iccsafe.org/wpcontent/uploads/Code_Adoption_Maps.pdf 

(published Oct. 19, 2000); see also Rossberg, J., 

Leon, R.T., Evolution of Codes in the USA, https:// 

www.nehrp.gov/pdf/UJNR_2013_Rossberg_

Manuscript.pdf (detailing the historical changes to 

structural design codes in the United States). 

27American Society of Civil Engineers, Release of 

ASCE/SEI 7–22 Brings Important Changes to 

Structural Loading Standard, Building Safety 

Journal, International Code Council (Dec. 9, 2021), 

https://www.iccsafe.org/building-safety-journal/bsjtechnical/release-of-asce-sei-7-22-brings-importantchanges-to-structural-loading-standard. 

Additionally, we note that the National 

Earthquake Hazards Reduction Program (NEHRP), a 

Congressionally mandated, multi-agency 

partnership, is actively engaged in revisions to 

ASCE 7 and the IBC. NEHRP’s Recommended 

Seismic Provisions for New Buildings and Other 

Structures often serves as the basis for changes to 

ASCE 7 and the IBC. 

28The Commission has previously noted the 

importance of referencing the IBC and ASCE 7 

because engineers must be knowledgeable of both 

the IBC and ASCE 7 to qualify as an engineer of 

record under state professional engineering 

requirements. See Background Section of the 2017 

Guidance. 

29National Bureau of Standards, NBSIR 84–2833: 

Data Requirements for the Seismic Review of LNG 

Facilities 1 (June 1984), https://nvlpubs.nist.gov/ 

nistpubs/Legacy/IR/nbsir84-2833.pdf. 

30 Id. 

31Seismic Design Guidelines & Data Submittal 

Requirements for LNG Facilities at ii (Jan. 23, 2007). 

32See 2017 Guidance at 1–1—1–2. 

33See Background Section of the 2017 Guidance. 

34 Id. 

35 Id. and 13–94 (listing certain good engineering 

practices). 

36See U.S. Gov’t Accountability Office, Natural 

Gas Exports: Updated Guidance and Regulations 

Could Improve Facility Permitting Processes 28 and 

Appendix II (Aug. 2020) (GAO Report), https://

www.gao.gov/products/gao-20-619. 

37 Id. at 28–29, n.47. 

38Updating Reguls. for Engineering and Design 

Materials for Liquefied Nat. Gas Facilities Related 

to Potential Impacts Caused by Nat. Hazards, 87 FR 

72906 (Nov. 28, 2022), 181 FERC ¶ 61,142 (2022). 

39CLNG and API Jan. 27, 2023 Comment. 

Report 6, applicants must 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 when preparing Resource Report 

13.22

8. Appendix A to part 380 

summarizes the minimum filing 

requirements for these resource 

reports.23 Failure to comply with these 

minimum filing requirements can result 

in rejection of the application.24

C. Outdated Technical Standards and 

Legacy Reference in Regulations 

9. As described above, both Resource 

Reports 6 and 13 require information 

based on the UBC map and NBSIR 84– 

2833. The UBC map groups the country 

into seismic risk classifications and 

formalizes construction standards based 

on those classifications. The last version 

of the UBC was published in 1997 25 and 

was subsequently replaced by the 

International Code Council’s (ICC) 

International Building Code (IBC), first 

published in 2000.26 The IBC 

incorporates the U.S. Geological 

Survey’s Seismic Risk Map of Ground 

Motions for the United States, seismic 

design categories in the Structural 

Engineering Institute (SEI) of the 

American Society of Civil Engineers 

(ASCE) 7, Minimum Design Loads and 

Associated Criteria for Buildings and 

Other Structures (ASCE 7),27 and 

NEHRP’s Recommended Seismic 

Provisions for New Buildings and Other 

Structures.28

10. Published in 1984, NBSIR 84– 

2833 was intended to provide guidance 

for applicants requesting Commission 

authorization to construct LNG facilities 

on how to investigate a site to obtain 

geologic and seismic data for the 

Commission’s seismic review of 

proposed LNG facilities.29 It also 

standardized the format for reporting 

this data to the Commission.30 In light 

of multiple revisions to DOT’s 

minimum safety standards and NFPA 

59A since 1984, NBSIR 84–2833 no 

longer serves as the most appropriate 

guidance to help applicants prepare 

resource reports for the Commission’s 

review. 

11. On January 23, 2007, the 

Commission issued a draft document, 

Seismic Design Guidelines and Data 

Submittal Requirements for LNG 

Facilities, to address the confusion 

caused by these two outdated standards 

by updating and replacing the 

information in NBSIR 84–2833.31 The 

Commission, however, never finalized 

those guidelines. 

12. On February 22, 2017, as part of 

a larger effort to update its 

environmental reporting guidance, the 

Commission issued the 2017 Guidance, 

recommending specific engineeringdesign information, the level of detail, 

and formatting that should be included 

in applications to help Commission staff 

evaluate and address a proposed 

project’s potential safety and reliability 

impacts.32 The 2017 Guidance updated 

and clarified the level of detail and 

format of the information needed for the 

Commission’s evaluation of hazards 

associated with proposed LNG facilities, 

including information regarding how 

accidents or natural catastrophes, 

including seismic events, would affect a 

proposed project’s safety and reliability 

and whether the project’s engineering 

design ensures adequate reliability and 

safety.33 For example, the guidance 

identified the types of natural hazards 

that should be analyzed, the natural 

hazard design investigations and design 

forces that should be referenced, the 

types of structures, systems, and 

components that should be described, 

and the types of diagrams and maps that 

should be included. The 2017 Guidance 

also recommended that applicants 

design certain LNG structures, systems, 

and components to be consistent with 

the seismic requirements of the 2005 

version of ASCE 7 to demonstrate that 

their proposed projects would not have 

a significant impact on public safety.34

The 2017 Guidance recommended other 

evaluation and design measures for 

other natural hazards based on the 

regulatory requirements in § 380.12, 

DOT’s regulations in 49 CFR part 193, 

and other best practices.35

D. Governmental Accountability Office’s 

Report 

13. On August 6, 2020, the U.S. 

Government Accountability Office 

(GAO) issued a report recommending 

that the Commission update part 153 of 

its regulations because they incorporate 

the outdated technical standard NBSIR 

84–2833 and UBC.36 The GAO noted 

that the Commission issued the 2017 

Guidance and the draft 2007 Guidelines 

to address applicants’ confusion, but, 

because guidance documents are not 

binding, it recommended that the 

Commission review its regulations for 

outdated technical standards and 

update them accordingly so as to avoid 

confusing the public about current 

regulatory requirements.37

E. Notice of Proposed Rulemaking 

14. On November 17, 2022, the 

Commission issued a notice of proposed 

rulemaking (NOPR) proposing to revise 

the Commission’s regulations as 

described in this final rule.38 The Center 

for LNG (CLNG) and American 

Petroleum Institute (API) (together, 

commenters) filed a timely joint 

comment.39 As discussed below, the 

Commission considered the comment in 

preparing the final rule. 

II. Discussion 

15. The current rulemaking clarifies 

and updates the informational 

requirements in the Commission’s 


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74036 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 

40Commission staff relies on performance and 

risk-based principles as part of its review to craft 

conditions related to the construction and operation 

of the proposed LNG facility. 

41See, e.g., Final EIS for Texas LNG Project 

(CP16–116) (issued Mar. 15, 2019); Final EIS for Rio 

Grande LNG Project (CP16–455) (issued Apr. 26, 

2019). 

42See 15 U.S.C. 717b(a), 717b(e)(3)(A), 717f(e) 

(authorizing the Commission to include terms and 

conditions to our authorization orders). 

43See 15 U.S.C. 717b(a) (authorizing the 

Commission to issue supplemental orders as the 

Commission may find necessary or appropriate). 

44See Revision of the Commission’s Reguls. 

Under the Nat. Gas Act, FERC Stats. & Regs. 

¶ 32,535, at 33,524 (1998) (cross-referenced at 84 

FERC ¶ 61,345) (Order No. 603 NOPR). Although 

Order No. 603 focused on NGA section 7 

applications, the order changed the informational 

requirements for environmental reports in part 153 

so that they comport with the requirements in part 

157. Id. at 33,527–28. 

45See id. at 33,525 (stating ‘‘[a]n incomplete filing 

necessitates time consuming staff data requests. 

However, the more complete the environmental 

information is at the time of filing, the more 

expeditiously the Commission can process the 

application.’’). See also 18 CFR 153.21(b) (rejection 

of applications filed under part 153); 18 CFR 157.8 

(rejection of applications filed under part 157). 

46See Order No. 603 NOPR, FERC Stats. & Regs. 

¶ 32,535 at 33,525 (explaining that ‘‘conducting the 

environmental review is the most time consuming 

part of the certificate process. The Commission 

believes this is the result of several factors. First, 

too often pipelines are filing minimal information 

with the intention of filing the missing information 

at some later date . . . Further, applicants may be 

unsure of what is needed because many of the 

Commission’s environmental regulations dealing 

with pipeline projects are either outdated, found in 

several parts of the CFR, or, in the case of the 

environmental report, as stated, replaced in current 

practice by a preferred format that does not appear 

anywhere in the regulations.’’). 

47 Id. 48 Id. 49See CLNG and API Jan. 27, 2023 Comment at 

2. 50Public Law 104–113, 12(d), 110 Stat. 775 

(1996). 51A voluntary consensus standard body is a type 

of association, organization, or technical society 

that plans, develops, establishes, or coordinates 

voluntary consensus standards using a voluntary 

consensus standards development process that 

includes following attributes or elements: openness, 

balance, due process, appeals process, and 

consensus. Revised OMB Circular A–119, 2(e). 52 15 U.S.C. 272 note. OMB further establishes 

factors for agencies to consider when deciding to 

use a standard, including the nature of the agency’s 

statutory mandate and the consistency of the 

standard with that mandate; the level of protection 

the standard provides or is expected to provide for 

public health, welfare, safety, and the environment; 

and the clarity and detail of the standard’s 

language. Revised OMB Circular A–119 at 17–18. 

53Revised OMB Circular A–119 at 4, 19–20. OMB 

further includes in the definition of impractical 

circumstances in which the use of a voluntary 

consensus standard would be infeasible, 

inadequate, ineffectual, or inefficient, or less useful 

than the use of another standard. Id. at 20. 

54 Id. at 20. 

55See 15 U.S.C. 272 note; Revised OMB Circular 

A–119 at 20. When an agency uses a governmentunique standard in lieu of a voluntary consensus 

standard, it must submit a report explaining its 

reason to OMB through NIST. We intend to submit 

the report for this rulemaking to NIST before 

December 31, as directed by OMB. 

56For example, approximately 50 recent LNG 

applications filed with the Commission reference 

approximately 2,500 individual applicable codes 

and standards. On average, an application 

references nearly 400 codes and standards. On the 

margins, applications have ranged from less than 10 

to more than 1,000 proposed codes and standards. 

regulations by codifying the current 

practice for processing NGA section 3 

and 7 applications. As a brief overview 

of the Commission’s practice, once an 

applicant files an application, 

Commission staff reviews it to ensure 

that it contains all the information 

required by the regulations. If the 

application is deficient, Commission 

staff issues requests for information to 

supplement the application. Once the 

application is complete, Commission 

staff then discloses to the public and the 

Commissioners in the NEPA document 

staff’s analysis of the proposal’s 

environmental, engineering, and safety 

effects. The environmental document 

includes Commission staff’s 

recommendations related to the 

construction and operation of the 

project,40 including measures to 

mitigate adverse effects.41 If the 

Commission approves the application, 

the Commission’s oversight of the 

project continues through final design, 

construction, commissioning, and 

operation of the project to ensure that 

the project has complied with the terms 

and conditions 42 of the Commission’s 

authorization order.43

16. As the Commission has previously 

explained, applications that follow the 

same format result in a more 

expeditious Commission review and 

processing of applications.44 When an 

application lacks the information 

necessary for the Commission to review 

a proposal’s potential impacts on the 

environment, public safety, or 

reliability, the Commission’s review is 

delayed until the Commission obtains 

the missing information.45 The 

Commission has previously taken steps 

to clarify its regulations to reduce 

applicants’ uncertainty when outdated 

Commission regulations were 

contributing to applicants’ confusion 

about the Commission’s practice or 

informational requirements.46 The 

purpose of codifying an existing 

practice is ‘‘to provide better guidance 

to the regulated industry on what the 

Commission needs for its environmental 

analysis’’ and ‘‘when the information 

should be provided.’’ 47 As a result of 

this rulemaking, the Commission will be 

able to more ‘‘quickly process 

applications in a way that protects the 

environment and ensures the procedural 

requirements of NEPA are met,’’ 48 as 

well as ensure the proposed LNG 

facilities will be constructed and 

operated in a safe and reliable manner. 

A. This Rulemaking Complies With the 

National Technology Transfer and 

Advancement Act of 1995 

17. The commenters recommend that 

the Commission identify and use 

appropriate voluntary consensus 

standards in lieu of codifying the 

practices outlined in the Commission’s 

2017 Guidance but do not identify or 

recommend any specific standard that 

would be appropriate.49

18. Section 12(d) of the NTTAA 50

requires all Federal agencies and 

departments to use technical standards 

that are developed or adopted by 

voluntary consensus standard bodies 51

to carry out policy objectives or 

activities determined by the agencies 

and departments unless using such a 

standard is inconsistent with applicable 

law or otherwise impractical.52 The use 

of a voluntary consensus standard 

would be impractical, for example, if it 

would not be effective at meeting an 

agency’s regulatory or program needs.53

Moreover, there may be instances where 

a suitable voluntary consensus standard 

does not exist.54 In either instance, an 

agency is permitted to use another 

standard other than a voluntary 

consensus standard.55

19. The final rule does not adopt 

voluntary consensus standards related 

to natural hazard evaluation and design 

criteria for LNG structures, systems, and 

components because adopting such 

standards would be impractical. The 

Commission’s evaluation and analysis 

of LNG applications, which propose 

technically diverse types of facilities, 

must consider the unique locations that 

the LNG facilities will be sited, 

constructed, and operated. Over 2,500 

standards exist that could be applicable 

to an LNG structure, system, or 

component.56 No one standard would 

apply to every application that the 

Commission reviews. Likewise, no 

individual application would be subject 

to every standard. To ensure that all 

types of proposals are covered by a 

standard would require that the 

Commission codify every potential 

consensus standard that could apply in 

its various LNG proceedings. Such an 

effort would be infeasible and would 

confuse applicants about which 

standards the Commission expects them 

to apply to their proposal. 

20. Moreover, although some 

standards set criteria for the siting, 

design, construction, operation, and 

maintenance of LNG facilities, they 

often do not sufficiently detail the 

engineering information needed in an 

application to allow the Commission to 


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57NFPA 59A (2001 edition), for example, requires 

geotechnical investigations and testing to address 

subsurface behavior caused by loads induced by 

LNG structures, systems, and components. The 

standard, however, does not detail the parameters 

of the geotechnical investigations and testing. 

Specifically, it does not identify the locations and 

types of subsurface investigations that should be 

performed, including the number, location, spacing, 

cross-sections, and depths of in-situ tests or the 

number and types of laboratory tests performed. 

Investigations, in-situ tests, and laboratory tests are 

dictated by site of the LNG facility and are 

necessary to describe the subsurface conditions 

used to determine the design of the foundations. 

ASCE 7–22 (2022 edition) is another example. 

ASCE 7–22 provides general requirements for 

buildings, other structures, and their nonstructural 

components that are subject to building code 

requirements, but how the ASCE 7–22 requirements 

apply to industrial facilities, such as LNG facilities, 

are less clear. For example, it does not define or 

consider the loads of equipment used during 

construction and operation and their effect on 

structures, systems, and components at industrial 

facilities (such as the dynamic loading from 

movement of construction equipment over below 

ground structures, systems, and components (e.g., 

buried pipelines or piping)). 

58Layers of protection is a method to analyze the 

effectiveness of independent parts of a system’s 

design to protect or mitigate the harms caused by 

an event. Layers of protection typically include a 

facility design that prevents hazardous events, 

control systems, safety instrumented prevention 

systems, physical protection systems, site security 

measures for controlling access to the plant, and 

onsite and offsite emergency response. 

59See section 11.4 of 2017 Guidance. 

60CLNG and API Jan 27, 2023 Comment at 2. 

61 Id. 

62See, e.g., 18 CFR 12.5 (the Commission expects 

a hydropower licensee or applicant to ‘‘use sound 

and prudent engineering practices in any action 

relating to the design, construction, operation, 

maintenance, use, repair, or modification of a water 

power project or project works’’). The Commission’s 

expectations are consistent with the expectations of 

other Federal agencies. See, e.g., 49 CFR 193.2605 

(DOT requires ‘‘[e]ach operator [. . .] determine 

and perform, consistent with generally accepted 

engineering practice’’); 29 CFR 1910.119(d)(3)(ii) 

(the Occupational Safety and Health Administration 

requires ‘‘inspection and testing procedures [. . .] 

follow recognized and generally accepted good 

engineering practices’’); 40 CFR 68.48(b) (the 

Environmental Protection Agency requires owners 

or operators of certain facilities that use and 

distribute hazardous chemicals ‘‘to ensure that the 

process is designed in compliance with recognized 

and generally accepted good engineering 

practices’’). 

63We recognize that Federal agencies that share 

the responsibility of regulating LNG facilities may 

have different codified definitions for structures, 

systems, or components, determined by their own 

regulatory needs and statutory authorities. See, e.g., 

49 CFR 193.2007 (DOT defines ‘‘component’’ as 

‘‘any part, or system of parts functioning as a unit, 

including, but not limited to, piping, processing 

equipment, containers, control devices, 

impounding systems, lighting, security devices, fire 

control equipment, and communication equipment, 

whose integrity or reliability is necessary to 

maintain safety in controlling, processing, or 

containing a hazardous fluid’’). Once the final rule 

becomes effective, new § 380.12(o)(14) will require 

prospective applicants and applicants to identify 

the regulations applicable to their proposal and 

explain how their proposal complies with them. 

64See, e.g., section 13.3.1 of the 2017 Guidance 

(Earthquake design conditions) and Att. 4 of the 

2017 Guidance (Sample Categorization of LNG 

structures, Components, and Systems). 

65The list of examples here is not intended to be 

exhaustive or capture the full scope of structures, 

systems, or components associated with safety. 

There may also be less critical systems that are 

associated with safety, such as instrument air 

Continued 

fully assess the reliability and safety of 

the LNG facilities. As a result, the lack 

of detail has led to applicants applying 

these standards inconsistently.57

21. The Commission’s practice, 

informed by the 2017 Guidance, has 

been to clarify that, when applicants 

prepare Resource Report 13, they should 

provide certain specific information 

regarding the engineering of the 

proposed LNG facilities. This 

information includes identifying 

applicable Federal regulations, 

proposed codes and standards, as well 

as additional information on the 

proposed siting, design, construction, 

and operation. By having the applicants 

identify all Federal regulations, codes, 

and standards that apply to their 

project-specific and site-specific 

proposal, the Commission is then able 

to evaluate applications for LNG 

facilities on a case-by-case basis, 

determine and evaluate the Federal 

regulations, codes, and standards that 

apply (including any voluntary 

consensus standards that are adopted 

into those regulations). Based on the 

information, the Commission could 

more effectively coordinate with other 

Federal agencies with jurisdiction over 

the proposal, evaluate whether the 

identified regulations, codes, and 

standards contain informational gaps, 

and recommend modifications or 

conditions that should be included in 

the Commission’s authorization based 

on the proposed LNG facilities and 

layers of protection 58 that would reduce 

the risk of adverse effects to the public 

and the environment and reliability.59

22. For these reasons, we elect to 

codify the Commission’s practice of 

obtaining information necessary for it to 

fulfill its regulatory mission in lieu of 

using a voluntary consensus standard, 

as permitted by the NTTAA. 

B. Final Rule Further Clarifies Certain 

Terms 

23. The commenters request 

clarification about the following terms 

undefined in the NOPR: (i) ‘‘structures, 

systems, and components;’’ (ii) 

‘‘associated safety related structures, 

systems, and components;’’ (iii) 

‘‘applicable codes and standards;’’ and 

(iv) ‘‘generally accepted codes, 

standards, and specifications.’’ 60 To 

prevent confusion, they recommend that 

the final rule define these terms and 

identify which codes and standards 

should be incorporated by reference into 

the Commission’s regulations.61

24. We find no need to codify a 

definition for these terms but provide 

additional clarification below. When 

interpreting commonly used terms, such 

as ‘‘structures, systems, and 

components’’ and ‘‘generally accepted,’’ 

applicants should exercise the 

professional standard of care that is 

expected of engineers.62 ‘‘Structures, 

systems, and components’’ is a common 

engineering term used in connection 

with engineering design of complex 

systems, including LNG facilities.63 In 

general, structures provide structural 

support of loads. Examples include freestanding LNG storage tanks, freestanding equipment, pipe racks, 

buildings, and dikes, including their 

foundations. Systems are generally a 

collection of components that together 

perform a function. Examples include 

tank systems, transfer systems, firewater 

systems, electrical systems, and 

instrument and control systems. 

Components are equipment, or parts of 

equipment, that constitute pieces of 

larger systems. Examples include 

pumps, valves, and piping. The 

Commission’s 2017 Guidance also 

clarifies certain structures, systems, and 

components.64

25. Structures, systems, and 

components that are ‘‘associated’’ with 

safety depend on context, such as the 

structure, system, or component’s 

purpose and the characteristics of the 

surrounding area. Generally, a structure, 

system, or component that is 

‘‘associated’’ with safety would be one 

that provides a layer of protection that 

the LNG operator relies on to prevent or 

reduce the likelihood of failure of a 

particular structure, system, or 

component, or limit, mitigate, or reduce 

the consequences of a failure. An 

example of system associated with 

safety is a firewater system because it is 

used to prevent failure of structures, 

systems, or components within the 

overall LNG plant, when exposed to a 

potential fire (e.g., pipe rack failure, 

pressure vessel burst, boiling liquid 

expanding vapor explosion). Other 

examples include security systems, such 

as emergency lighting, including the 

emergency backup power generators 

and fuel supply, that reduce the 

likelihood of an intentional act that 

could result in failure of structures, 

systems, or components; and dikes that 

are used to contain spills from an LNG 

storage tank to limit the pool spread and 

reduce the consequences from 

subsequent dispersion of flammable 

vapors and fire impacts.65 As noted 


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systems that are used to control pneumatic (air) 

operated valves that can fail even when they are set 

in a safe position because of loss of instrument air, 

and valves and associated electrical cabling that are 

fire-rated to prevent spurious maloperation. The 

2017 Guidance provides more examples. See 2017 

Guidance, Attachment 4. 66CLNG and API Jan 27, 2023 Comment at 3. 67 Id. 68 Id. at 3. 

69 18 CFR 380.12(o) (emphasis added). 

70With respect to applications that are still 

pending Commission approval when the final rule 

becomes effective, to the extent that these 

applications are not already consistent with the 

final rule, the Commission will not require these 

applicants to amend their applications to comport 

with the new requirements in this final rule. 

71The code provides minimum design and 

construction requirements for reinforced concrete 

and prestressed structures for the storage and 

containment of refrigerated liquefied gases. 

72 Id. at 3–4. 

73CLNG and API Jan. 27, 2023 Comment at 4. 

74 Id. at 4 (quoting NBSIR 84–2833 at 1). 

earlier, when interpreting terms, 

applicants should exercise the 

professional standard of care that is 

expected of engineers. 

26. With regard to ‘‘applicable’’ codes 

and standards, the applicability of the 

code or standard is informed by the 

context of the sentence and paragraph. 

For instance, new § 380.12(o)(15)(i)(B) 

requires Resource Report 13 to include 

‘‘[t]he design classification for each 

structure, system, and component in 

accordance with all applicable federal, 

state, and local requirements and 

applicable codes and standards.’’ The 

‘‘applicable’’ codes and standards, in 

this context, refers to codes and 

standards that have requirements for 

design classification of structures, 

systems, and components. The 

applicable Federal regulations may also 

inform the applicability of codes and 

standards. 

27. It is worth noting that the final 

rule does not make the Commission’s 

2017 Guidance obsolete. Even after the 

final rule becomes effective, prospective 

applicants and applicants are still 

advised to refer to guidance to 

understand the Commission’s 

expectations for informational and 

formatting requirements under our 

regulations. If the Commission finds 

that certain terms continue to confuse 

applicants, which in turn may delay the 

Commission’s review of their 

applications, the Commission will issue 

guidance to provide further assistance. 

C. Final Rule Has No Retroactive Effect 

28. The commenters seek clarity that 

the requirements in the final rule will 

not be retroactively applied to existing 

jurisdictional LNG facilities.66 They are 

concerned that existing operators who 

file an application or request 

Commission approval to modify 

operations, expand, or add equipment to 

their LNG facilities would be required to 

upgrade or retrofit the existing facility to 

comply with the new requirements.67

To help avoid confusion, they 

recommend that we amend parts 153, 

157, and 380 by adding a new 

applicability section that states the new 

requirements do not apply to existing 

LNG facilities authorized before the 

effective date of the final rule.68

29. We decline to adopt commenters’ 

recommendation because § 380.12(o) 

already specifies the applicability of the 

content and formatting requirements for 

Resource Report 13. It plainly states that 

the ‘‘report is required for construction 

of new [LNG] facilities, or the 

recommissioning of existing LNG 

facilities.’’ 69 Therefore, the 

requirements in new § 380.12(o)(14) 

would apply only to applicants who file 

an application to construct new LNG 

facilities or recommission existing LNG 

facilities once the final rule is 

effective.70 Adding a new applicability 

section would be redundant and 

unnecessary. 

D. Regulatory Burden Analysis Is 

Sufficient 

30. The commenters recommend that 

the final rule compare the regulatory 

burden of final rule with the existing 

regulatory burden. They identify one 

new requirement that they assert could 

introduce a new burden. The NOPR 

proposes in new 

§ 380.12(o)(15)(iii)(A)(22) that 

applicants are required to describe the 

proposed LNG facility’s seismic 

monitoring system, which includes a 

minimum of one triaxial ground motion 

recorder installed to register the freefield ground motion and additional 

triaxial ground motion recorders on 

each LNG tank system foundation, LNG 

tank roof, and associated safety related 

structures, systems, and components. 

They argue that the term ‘‘associated 

safety related structure, systems, and 

components’’ is vague and that it is 

unclear how many ground motion 

recorders would be required. The 

commenters add that applicable codes 

and standards, such as American 

Concrete Institute Code 376–11, Code 

Requirements for Design and 

Construction of Concrete Structures for 

Containment of Refrigerated Liquefied 

Gases,71 do not require accelerometers 

for LNG tanks with Safe Shutdown 

Earthquake (SSE) peak ground 

accelerations less than 0.1 gravity. If the 

final rule requires accelerometers for 

such LNG tanks and associated systems, 

structures, and components, it would 

constitute a new regulatory burden, 

which the commenters oppose.72

31. We do not anticipate that 

compliance with this rule will alter 

current practice. With respect to new 

§ 380.12(o)(15)(iii)(A)(22), contrary to 

the commenters’ argument, the new 

regulation does not require that LNG 

facilities have a certain number of 

seismic monitoring systems or 

accelerometers. The new requirement, 

which implements the seismic 

monitoring system recommendations in 

the 2017 Guidance, requires only that 

Resource Report 13 describe how the 

proposed seismic monitoring system 

would be designed in accordance with 

all applicable Federal requirements and 

applicable codes and standards. 

Nevertheless, the final rule replaces ‘‘a 

minimum of one’’ with ‘‘any’’ in new 

§ 380.12(o)(15)(iii)(A)(22) to avoid 

unnecessary confusion about whether 

the final rule establishes a specific 

number of triaxial ground motion 

recorders. In terms of where the seismic 

monitoring equipment are required to be 

located, the new section does not 

require anything other than a 

description of what the applicant 

proposes, which should follow the 

requirements under Federal 

requirements and applicable codes and 

standards. If the Commission 

determines that the specifics of the 

proposal require additional seismic 

monitors to ensure safety and reliability, 

the order authorizing the application 

would include such a condition. 

32. The commenters contend that the 

final rule will eliminate the flexibility 

that is purportedly in the 2017 

Guidance, which allows applicants to 

exercise alternative approaches to 

prepare seismic information.73 They 

quote NBSIR 84–2833 for support: 

‘‘However, if an applicant believes that 

the particular seismology and geology of 

a site indicate that some of the 

information identified in this report 

need not be provided, that information 

should be identified in the application, 

and supporting rationale or data to 

justify clearly such departures should be 

presented.’’ 74

33. The commenters are mistaken. 

The flexibilities in the 2017 Guidance 

are preserved by its codification in this 

rulemaking. The final rule does not 

enumerate specific Federal regulations 

or codes or standards that applicants 

must apply to the safe and reliable 

design, construction, operation, and 

maintenance of jurisdictional LNG 

facilities. Instead, consistent with the 

2017 Guidance and the Commission’s 

practice, the final rule instructs 

applicants to identify all applicable 


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75See, e.g., 18 CFR 380.12(o)(14) (to be codified). 

The identify-and-explain approach is commonplace 

in the Commission’s existing LNG regulations, such 

as 18 CFR 380.12(o)(13) (‘‘Provide a list of all 

permits or approvals from local, state, Federal, or 

Native American groups or Indian agencies required 

prior to and during construction of the plant, and 

the status of each, including the date filed, the date 

issued, and any known obstacles to approval. 

Include a description of data records required for 

submission to such agencies and transcripts of any 

public hearings by such agencies. Also provide 

copies of any correspondence relating to the actions 

by all, or any, of these agencies regarding all 

required approvals.’’); Id. § 50.5(e)(6) (requiring a 

similar list with regard to applicants seeking to 

initiate a pre-filing proceeding site new 

transmission facilities); Id. § 5.6(a) (mandating a 

similar requirement with regard to pre-application 

documents for certain hydropower projects). 

76 Id. § 153.8(a)(7) contains an errant ‘‘(i)’’ 

designation, which this final rule removes. 

77This revision to § 380.12(o)(12) is consistent 

with the stated purpose of the NOPR, which is to 

update the information requirements related to 

filing an application to site, construct, expand, or 

operate an LNG terminal under section 3 of the 

NGA or construct or operate an LNG facility under 

section 7 of the NGA. See NOPR, 181 FERC ¶ 61,142 

at P 1 & Summary. The NOPR discussed the need 

to clarify the use of standards related to our 

oversight of jurisdictional activities beyond the 

design of LNG facilities. See, e.g., id. PP 1, 2–6, 12, 

19. It reasonably follows that applicants should 

identify all standards and codes that apply to the 

LNG components, not only those that relate to 

design, in order for the Commission to ensure that 

the LNG facilities, once approved, are constructed 

and operated in accordance with the Commissionapproved designs. 

Federal regulations, including codes 

and standards when preparing their 

application, and to explain how their 

proposal would comply with these 

regulations and requirements.75 To the 

extent that applicants currently identify 

information that is not necessary in a 

geotechnical report based on the 

seismology and geology of the proposed 

site, applicants are free to continue to 

identify the unnecessary information 

and provide an explanation or rationale 

for their decision. The Commission 

would review the information that is 

provided in Resource Report 13 and 

coordinate with other Federal agencies 

with jurisdiction over the proposed LNG 

facility to ensure that there is sufficient 

information to assist in the public safety 

and reliability review of the proposals. 

Further, if the Commission finds the 

application contains insufficient 

information based on applicable 

regulations, codes and standards, or is 

unable to demonstrate that their 

proposed facilities would be sited, 

designed, constructed, and operated 

safely and reliably, the Commission may 

issue data requests for further 

information or clarification. 

E. Section-by-Section Discussion of 

Changes to Parts 153 and 380 

34. Section 153.2 defines terms used 

in part 153 and paragraph (b) defines 

the NBSIR as National Bureau of 

Standards Information Report. Because 

NBSIR is outdated and the National 

Bureau of Standards has been renamed 

the National Institute of Standards and 

Technology, the final rule deletes 

existing § 153.2(b). 

35. Section 153.8 identifies the 

exhibits required to accompany an 

application filed under section 3 of the 

NGA. Existing paragraph (a)(6) 

references outdated NBSIR 84–2833 and 

the UBC map related to preparing a 

report on earthquake hazards and 

engineering materials. The final rule 

deletes this paragraph and codifies in its 

place the relevant recommendations 

from the Commission’s 2017 Guidance 

in new § 380.12(o)(15).76 Since 

paragraph 4 of the section entitled 

‘‘Resource Report 6—Geological 

Resources in Appendix A to Part 380— 

Minimum Filing Requirements for 

Environmental Reports Under the NGA’’ 

references the now-removed 

§ 153.8(a)(6), the final rule also removes 

this paragraph. 

36. Part 380 of the Commission’s 

regulations implement NEPA. For the 

same reason as deleting existing 

§ 153.8(a)(6), the final rule deletes 

paragraph (h)(5) of 380.12 about 

preparing Resource Report 6. The final 

rule also removes paragraph (o)(15) and 

replaces it with recommendations from 

the 2017 Guidance. Specifically, new 

§ 380.12(o)(15)(i) requires applicants to 

provide general site-specific engineering 

information used in the geotechnical 

and structural design of all structures, 

systems, and components. This 

information would address occupancy 

and risk categorization, clarify an 

applicant’s interpretation of risk and 

reliability tolerances, ensure an 

application discusses how the project 

design would withstand load 

combinations, and ensure that an 

applicant’s selection of risk 

categorizations and associated mean 

recurrence intervals to withstand 

natural hazards adequately address 

public safety impacts. 

37. Similarly, new § 380.12(o)(15)(ii) 

requires applicants to provide 

geotechnical information needed to 

address the subsurface behavior from 

loads induced by structures, systems, 

and components for LNG projects. This 

section addresses the scope of 

investigations needed to identify safety 

concerns and mitigative measures and 

replaces the scope of information that 

was previously required by the outdated 

standards. 

38. Finally, new § 380.12(o)(15)(iii) 

requires applicants to provide 

information related to the facility’s 

ability to withstand certain natural 

hazards, such as seismic events, floods, 

and hurricanes, and aligns with 

Commission staff’s current guidance to 

applicants, as well as those adopted in 

certain Federal regulations (including 

the Commission’s existing § 380.12(m), 

and applicable codes and standards 

such as NFPA 59A, ASCE 7, and the 

IBC). 

39. Although not proposed in the 

NOPR, the final rule also revises 

existing § 380.12(o)(12), which currently 

requires only that Resource Report 13 

identify codes and standards related to 

siting of a proposed LNG plant and 

marine terminal, if applicable. Because 

the Commission’s authority is 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 existing 

§ 380.12(o)(12) so that Resource Report 

13 would now include 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.77

40. With respect to § 380.12(o)(14), it 

currently requires applicants to identify 

how they would comply with an 

unspecified edition of NFPA 59A, part 

193 of the DOT’s regulations, and part 

127 of the Coast Guard’s regulations. 

Not all LNG facilities under the 

Commission’s jurisdiction, however, are 

required to meet the design criteria 

specified in NFPA 59A, DOT’s 

regulations, or Coast Guard regulations. 

Instead, they may be subject to other 

Federal regulations, 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). 

To prevent confusion about the 

informational requirements that the 

Commission applies to its review of 

applications for the construction and 

operation of LNG facilities, the final rule 

modifies § 380.12(o)(14) by requiring 

applicants to identify all Federal 

regulations and requirements that apply 

to the siting, design, construction, 

testing, monitoring, operation, and 

maintenance of the proposed project 

and demonstrate how the proposed 

project will, at a minimum, comply with 

all applicable Federal requirements and 

applicable codes and standards. 


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78 44 U.S.C. 3507(d). 79 5 CFR 1320.11. 80 In the proposed rule, the Commission used 

FERC–539A & FERC–577A as temporary 

placeholder designations for the purposes of this 

rulemaking. The permanent designations (i.e., 

FERC–539 and FERC–577) were pending renewal at 

OMB, and no more than one information collection 

may be pending at OMB at one time. At present, 

FERC–539 and FERC–577 are available so the final 

rule references these OMB control numbers. 

81See Order No. 603 NOPR, FERC Stats. & Regs. 

¶ 32,535 at 33,526 (in a similar rulemaking in which 

the Commission codified existing practice for 

reviewing environmental reports, the Commission 

noted ‘‘that the proposed changes to the 

environmental regulations discussed above do not 

change the filing requirements burden on the 

pipeline. They simply codify existing standard 

practice to help expedite the environmental review 

process.’’). 

82The Commission staff estimates that industry is 

similarly situated in terms of hourly cost (for wages 

plus benefits). Based on the Commission’s FY 

(Fiscal Year) 2021 average cost (for wages plus 

benefits), $87.00/hour is used. 

III. Regulatory Requirements 

A. Information Collection Statement 

41. The information collection 

requirements contained in this final rule 

are subject to review by the OMB under 

the Paperwork Reduction Act of 1995.78

OMB’s regulations require approval of 

certain information collection 

requirements imposed by agency 

rules.79 Upon approval of a collection of 

information, OMB will assign an OMB 

control number and an expiration date. 

Respondents subject to the filing 

requirements of a rule will not be 

penalized for failing to respond to the 

collection of information unless the 

collection of information displays a 

valid OMB control number. 

42. This final rule removes references 

to a legacy agency and two outdated 

technical standards for seismic hazard 

evaluations and seismic design criteria 

for LNG facilities and codifies certain 

existing practices concerning natural 

hazard evaluations and design for LNG 

facilities contained in the Commission’s 

2017 Guidance. The final rule modifies 

certain reporting and recordkeeping 

requirements included in FERC–537 

(OMB Control No. 1902–0060), FERC– 

539 (OMB Control No. 1902–0062), and 

FERC–577 (OMB Control No. 1902– 

0128).80

43. Interested persons may obtain 

information on the reporting 

requirements by contacting Ellen 

Brown, Office of the Executive Director, 

Federal Energy Regulatory Commission, 

888 First Street NE, Washington, DC 

20426 by email (DataClearance@

ferc.gov) or phone (202) 502–8663. 

44. Title: FERC–537 (Gas Pipeline 

Certificates: Construction, Acquisition, 

and Abandonment). 

Action: Revisions of information 

collection FERC–537. 

OMB Control No.: 1902–0060. 

Respondents: Natural gas companies. 

Frequency of Information Collection: 

Ongoing. 

Abstract: The final rule requires 

prospective applicants and applicants to 

provide engineering and design 

materials related to natural hazards to 

comport with the Commission’s current 

practice of processing section 7 

applications related to LNG facilities. 

Necessity of Information: The 

revisions are intended to update the 

currency of the Commission’s 

regulations and reduce confusion 

related the preparation and filing of 

applications to site, design, construct, 

operate, or modify LNG facilities used 

in interstate commerce. The revised 

regulations affect only entities that file 

applications with the Commission for 

jurisdictional LNG facilities and do not 

increase or decrease the recently 

approved burden on respondents since 

the final rule codifies the Commission’s 

existing practices.81

45. Title: FERC–539 (Gas Pipeline 

Certificate: Import/Export of LNG). 

Action: Revisions of information 

collection FERC–539. 

OMB Control No.: 1902–0062. 

Respondents: Natural gas companies 

seeking to import and/or export LNG. 

Frequency of Information Collection: 

Ongoing. 

Abstract: The final rule requires 

prospective applicants and applicants to 

provide engineering and design 

materials related to natural hazards to 

comport with the Commission’s current 

practice of processing section 3 

applications related to LNG facilities. 

Necessity of Information: The 

revisions are intended to update the 

currency of the Commission’s 

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. The revised 

regulations affect only entities that file 

applications with the Commission for 

LNG facilities. 

46. The estimated burdens for FERC– 

539, because of the final rule in RM22– 

8–000, are as follows: 

Number of respondents 

Number of 

responses per 

respondent 

Total number 

of responses 

Average burden 

hours & average 

cost 82 per 

response 

($) 

Total annual 

burden hours & 

total annual cost 

($) 

Cost per 

respondent 

($) 

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) = (6) 

6 ........................................................................................ 2 12 15 hours; $1,305 ....... 180 hours; $15,660 ... $2,610 

47. Title: FERC–577 (LNG Facilities: 

Environmental Review and 

Compliance). 

Action: Revisions of information 

collection FERC–577. 

OMB Control No.: 1902–0128. 

Respondents: Natural gas companies 

seeking authorization to site, design, 

construct, operate, or modify LNG 

facilities. 

Frequency of Information: Ongoing. 

Abstract: The final rule requires 

prospective applicants and applicants, 

filing an application pursuant to 

sections 3 or 7 of the NGA, to provide 

engineering and design materials related 

to natural hazards to comport with the 

Commission’s current practice of 

processing environmental reports filed 

pursuant to part 380 of the 

Commission’s regulations. 

Necessity of Information: The 

revisions are intended to update the 

currency of the Commission’s 

regulations and reduce confusion 

related the preparation and filing of 

applications to site, design, construct, 

operate, or modify LNG facilities. To 

facilitate the Commission’s review of 

these applications, applicants are 

required to also file resource reports 

detailing engineering and design 

materials to assist the Commission’s 

understanding of the LNG facility’s 

impact on the environment, safety, 

security, and reliability. The revised 

regulations affect only entities that file 

applications with the Commission for 

LNG facilities. 

48. The estimated burdens for FERC– 

577, because of the final rule in RM22– 

8–000, are as follows: 


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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 74041 

83Reguls. Implementing the Nat’l Env’l Policy Act 

of 1969, Order No. 486, FERC Stats. & Regs. 

¶ 30,783 (1987) (cross-referenced at 41 FERC 

¶ 61,284). 

84 18 CFR 380.4(a)(2)(ii). 

85 5 U.S.C. 601–612. 

86 Id. 603(c). 

87 Id. 605(b). 

88 13 CFR 121.101. 

89 Id. 

Number of 

respondents 

Number of 

responses per 

respondent 

Total number 

of responses 

Average burden hours 

& average cost per 

response 

($) 

(rounded) 

Total annual burden 

hours & total annual cost 

($) 

(rounded) 

Cost per 

respondent 

($) 

(rounded) 

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) = (6) 

6 .............................................................. 16 96 193.52 hours; $17,610.32 ....... 18,578 hours; $1,690,591 ...... $281,765 

The Commission has reviewed the 

proposed revisions and has determined 

that they are necessary. These 

requirements conform to the 

Commission’s need to ensure public 

safety, secure jurisdictional 

infrastructure, and enhance efficient 

information collection, communication, 

and management within the energy 

industry. The Commission has assured 

itself, by means of internal review, that 

there is specific, objective support for 

the burden estimates associated with the 

information collection requirements for 

FERC–537, FERC–539, and FERC–577. 

B. Environmental Analysis 

49. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant effect on the human 

environment.83 Excluded from this 

requirement are rules that are clarifying, 

corrective, or procedural, or that do not 

substantially change the effect of 

legislation or the regulations being 

amended.84 This final rule revises the 

filing requirements for new or 

recommissioned existing LNG facilities 

by deleting references to a legacy agency 

and two outdated technical standards. 

Because this rule is corrective, aligns 

the Commission’s regulations with the 

Commission’s current practice, and does 

not substantially change the effect of the 

regulations being amended, preparation 

of an Environmental Assessment or 

Environmental Impact Statement is not 

required. 

C. Regulatory Flexibility Act 

Certification 

50. The Regulatory Flexibility Act of 

1980 (RFA) 85 generally requires a 

description and analysis of rules that 

will have significant economic impact 

on a substantial number of small 

entities. The RFA mandates 

consideration of regulatory alternatives 

that accomplish the stated objectives of 

a rule and minimize any significant 

economic impact on a substantial 

number of small entities.86 In lieu of 

preparing a regulatory flexibility 

analysis, an agency may certify that a 

rule will not have a significant 

economic impact on a substantial 

number of small entities.87

51. The Small Business 

Administration’s (SBA) Office of Size 

Standards develops the numerical 

definition of a small business.88 SBA 

regulations designate natural gas 

pipelines (i.e., NAICS 4865210) as small 

entities if they do not exceed the size 

standard of $36.5 million.89 For the past 

five years, one company not affiliated 

with larger companies had annual 

revenues in combination with its 

affiliates of $36.5 million or less and 

therefore could be considered a small 

entity under the RFA. This represents 

about five percent of the total potential 

respondents that may have a significant 

burden imposed on them. 

52. As noted earlier, the final rule will 

affect only entities filing new 

applications to site, construct, operate, 

or expand an LNG facility pursuant to 

sections 3 or 7 of the NGA once the final 

rule becomes effective. As a result of 

removing outdated terms and aligning 

the Commission’s regulatory text with 

current environmental information 

practices, the final rule will reduce 

confusion about the Commission’s 

requirements, which would necessitate 

the issuance of fewer data requests to 

obtain a complete application that better 

reflects safe design, construction, 

maintenance, and operation of proposed 

LNG facilities. 

53. Accordingly, pursuant to section 

605(b) of the RFA, the Commission 

certifies that this final rule would not 

have a significant economic impact on 

a substantial number of small entities. 

D. Document Availability 

54. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the internet through the 

Commission’s Home Page (https://

www.ferc.gov). 

55. From the Commission’s Home 

Page on the internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

56. User assistance is available for 

eLibrary and the Commission’s website 

during normal business hours from the 

Commission’s Online Support at (202) 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

List of Subjects 

18 CFR Part 153 

Exports, Imports, Natural gas, 

Reporting and recordkeeping 

requirements. 

18 CFR Part 380 

Environmental impact statements, 

Reporting and recordkeeping 

requirements. 

By direction of the Commission. 

Commissioner Danly is concurring with 

a separate statement attached. 

Issued: October 23, 2023. 

Kimberly D. Bose, 

Secretary. 

In consideration of the foregoing, the 

Commission amends parts 153 and 380, 

chapter I, title 18, Code of Federal 

Regulations, as follows. 

PART 153—APPLICATIONS FOR 

AUTHORIZATION TO CONSTRUCT, 

OPERATE, OR MODIFY FACILITIES 

USED FOR THE EXPORT OR IMPORT 

OF NATURAL GAS 

■ 1. The authority citation for part 153 

is revised to read as follows: 

Authority: 15 U.S.C. 717b, 717o; E.O. 

10485, 3 CFR, 1949–1953 Comp., p. 970, as 

amended by E.O. 12038, 3 CFR, 1978 Comp., 

p. 136; DOE Delegation Order No. S1–DEL– 

FERC–2006 (May 16, 2006). 

§ 153.2 [Amended] 

■ 2. Amend § 153.2 by: 

■ a. Removing paragraph (b); and 


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■ b. Redesignating paragraphs (c) 

through (f) as paragraphs (b) through (e), 

respectively. 

§ 153.8 [Amended] 

■ 3. Amend § 153.8 by: 

■ a. Removing paragraph (a)(6); 

■ b. Redesignating paragraphs (a)(7) 

through (9) as paragraphs (a)(6) through 

(8), respectively; and 

■ c. In newly redesignated paragraph 

(a)(6): 

■ i. Removing the designation ‘‘(i)’’; and 

■ ii. Removing ‘‘§ 380.3 and § 380.12’’ 

and adding ‘‘§§ 380.3 and 380.12’’ in its 

place. 

PART 380—REGULATIONS 

IMPLEMENTING THE NATIONAL 

ENVIRONMENTAL POLICY ACT 

■ 4. The authority citation for part 380 

continues to read as follows: 

Authority: 42 U.S.C. 4321–4370h, 7101– 

7352; E.O. 12009, 3 CFR 1978 Comp., p. 142. 

■ 5. Amend § 380.12 by: 

■ a. Removing paragraph (h)(5); 

■ b. Redesignating paragraph (h)(6) as 

paragraph (h)(5); and 

■ c. Revising paragraphs (o)(12), (14), 

(15). 

The revisions read as follows: 

§ 380.12 Environmental reports for Natural 

Gas Act applications. 

* * * * * 

(o) * * * 

(12) Identify all codes and standards 

under which the plant (and marine 

terminal, if applicable) will be sited, 

designed, constructed, tested, 

monitored, operated, and maintained, 

and any special considerations or safety 

provisions that were applied to the 

design of plant components. 

* * * * * 

(14) Identify all Federal, state, and 

local regulations and requirements that 

apply to the siting, design, construction, 

testing, monitoring, operation, and 

maintenance of the proposed project 

and explain how the proposed project 

will comply with the applicable Federal 

regulations, including codes and 

standards incorporated by reference into 

Federal regulations. 

(15) Provide information to 

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 

identified in paragraphs (o)(15)(i) 

through (iii) of this section. Site 

information must 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. Design information must 

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. Construction and 

operation information must also include 

discussion of quality assurance and 

quality control plans, monitoring 

programs, and action programs 

developed in preparation of and 

response to geotechnical and natural 

hazards. 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. 

(i) General information. Provide site 

information that includes: 

(A) A description of all structures, 

systems, and components, including, at 

a minimum, the layout of all proposed 

above ground and below ground 

structures, systems, and components 

including temporary access roads used 

during construction and permanent 

roads used during operation. 

(B) The design classification for each 

structure, system, and component in 

accordance with, at a minimum, all 

applicable Federal requirements and 

applicable codes and standards. 

(C) The derivation and values for risk 

category and mean recurrence intervals 

that are, at a minimum, in accordance 

with all applicable Federal requirements 

and applicable codes and standards. 

(D) A description of all load 

combinations for each design 

classification for all structures, systems, 

and components that are, at a minimum, 

in accordance with design methods and 

all applicable Federal requirements and 

applicable codes and standards. 

(E) A description of all preliminary 

dead loads that are, at a minimum, in 

accordance with all applicable Federal 

requirements and applicable codes and 

standards, and include, at a minimum, 

weight of materials of construction of 

structures, systems, and components; 

weight of any hydrostatic test fluid 

service within structures, systems, and 

components during commissioning; 

weight of fluid services within 

structures, systems, and components 

during startup, normal operation, 

abnormal operation, and shutdown; and 

soil and hydrostatic pressure loads and 

potential uplift of below ground 

structures, systems, and components. 

(F) A description of all preliminary 

live loads that are, at a minimum, in 

accordance with all applicable Federal 

requirements and applicable codes and 

standards, and include, at a minimum, 

dynamic loads from movement during 

transportation of structures, systems, 

and components; induced loads from 

construction equipment atop of below 

ground structures, systems, and 

components; uniform and concentrated 

loads from construction and operation 

personnel and equipment on structures, 

systems, and components; and crane 

loads for structures, systems, and 

components. 

(G) A description of all preliminary 

loads induced from natural hazards for 

all structures, systems, and components 

that are, at a minimum, in accordance 

with all applicable Federal requirements 

and applicable codes and standards as 

described in paragraph (o)(15)(iii) of this 

section. 

(H) A description of all mitigation 

measures to protect against natural 

hazards (like earthquakes) including, at 

a minimum, a discussion of the 

proposed site elevation and design of 

any storm walls or barriers relative to 

information described in paragraphs 

(o)(15)(ii) and (iii) of this section. 

(I) A description of a natural hazard 

preparedness and action program, 

which includes facilitating timely 

decisions concerning the present or 

future state of the LNG facility that 

address, at a minimum, the natural 

hazards described in paragraph 

(o)(15)(iii) of this section. 

(ii) Geotechnical information. Provide 

a geotechnical investigation that 

includes: 

(A) A summary of the site 

investigation that lists the applicant’s 

exploratory program for the site and the 

types of subsurface investigations 

performed and planned to be performed 

for the site. 

(B) A list and description of all in situ 

tests performed, standards used for 

tests, and their results including all 

standard penetration tests, cone 

penetration tests (static and dynamic), 

test pits, trenches, borings, rock coring, 

soil sampling, plate load tests, and in 

situ shear strength tests. 

(C) A plot plan that identifies the 

number, location, spacing, crosssections, and depths of each in situ test. 

(D) A description of completed 

surveys, standards used for surveys, and 

the results of surveys that were 

conducted to obtain continuous lateral 

and depth information for the 


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evaluation of subsurface conditions 

including all seismic refraction and 

reflection surveys. 

(E) A description of the applicant’s 

laboratory testing program that includes 

the treatment of samples, the 

preparation of the soil specimen for 

testing, the techniques to detect sample 

disturbance, and the laboratory testing 

specifications. 

(F) A list and description of all 

laboratory tests performed, standards 

used for tests, and their results, 

including results from all soil 

classification tests, index tests, strength 

and compressibility tests, permeability 

tests, and soil corrosivity tests. 

(G) A description of proposed 

mitigation measures for soil 

improvement or other mitigation that 

would remediate low bearing strength, 

poor consolidation, poor permeability, 

high corrosivity, or other geotechnical 

issues discovered during in situ or 

laboratory tests. 

(H) A discussion of subsurface 

conditions and profiles based on the 

results of the subsurface exploration and 

field test conducted at the site. 

Subsurface profiles must identify 

groundwater conditions and the 

physicochemical properties of the 

groundwater, soil/rock layers and 

parameters, and various soil strata in 

various cross-section drawings spanning 

across the site including the LNG 

storage tank areas. 

(I) A description of soil conditions 

that indicate compressible or expansive 

soils, corrosive soils, collapsible soils, 

erodible soils, liquefaction-susceptible 

soils, frost-heave susceptible soils, 

frozen soils, sanitary landfill, or 

contaminated soils. 

(J) An analysis of actual or potential 

hazards (e.g., landslides, subsidence, 

uplift, capable faults, or collapse 

resulting from natural features such as 

tectonic depressions and cavernous or 

karst terrains) to the site. 

(K) A discussion of the relationship 

between the regional and local geology 

and the site location. 

(L) An evaluation and discussion of 

surface displacement caused by faulting 

or seismically induced lateral spreading 

or lateral flow, regional subsidence, 

local subsidence, and heave. 

(M) Drawings of existing and 

proposed site elevation contours. 

(N) A slope-stability analysis, 

including slope stabilization methods, 

sloping topography for the site, 

recommendations for slope stability, 

static and seismic stability, and factor of 

safety. 

(O) Recommendations for site 

improvement to increase bearing 

capacity, reduce the potential of 

liquefaction and lateral spreading, and 

mitigate poor or unusual soil 

conditions. 

(P) Recommendations for site 

improvement to mitigate soil 

contaminants and shoreline erosion 

control. 

(Q) An evaluation and discussion of 

the expected total settlement over the 

design life of the facilities that considers 

soil conditions, regional subsidence, 

and local subsidence. 

(R) Recommendations for shallow 

foundations, including, at a minimum, 

ultimate bearing capacity, factor of 

safety, allowable bearing capacity, total 

and differential settlement criteria, 

liquefaction settlements, settlement 

monitoring, and lateral resistance. 

(S) Recommendations for deep 

foundations, including, at a minimum, 

acceptable foundation type, bearing 

capacity, total pile capacities, axial 

capacity, lateral capacity, group effects, 

down-drag, factor of safety, settlement 

of single pile and pile groups, lateral 

movement of pile groups, pile 

installation, pile cap, indicator piles and 

pile load test programs, static axial pile 

load test, lateral load test, and dynamic 

pile load test. 

(T) A summary of information needed 

to establish broad design parameters 

and conclusions used to determine the 

proposed layout and design of 

buildings, structures, and support 

facilities. 

(U) A description of the 

implementation of the geotechnical 

monitoring system for the site and 

structures, including inclinometer, 

extensometers, piezometer, tiltmeter, 

settlement monuments or cells, pressure 

and load cells, and crack monitoring 

devices. 

(iii) Natural hazard information. 

Provide studies, basis of design, and 

plans for all natural hazards, including, 

at a minimum, each natural hazard in 

paragraphs (o)(15)(iii)(A) through (G) of 

this section: 

(A) Seismic information. Provide a 

discussion of seismic design and 

hazards analysis that includes: 

(1) The seismic design basis and 

criteria that are, at a minimum, in 

accordance with all applicable Federal 

requirements, and applicable codes, 

standards, and specifications used as 

basis of design. 

(2) A description of seismic setting 

and seismic hazard investigation. 

(3) A description of seismological 

characteristics of the geographical 

region within 100 miles of the site. 

(4) A description of capable faults, 

including any part of a fault within five 

miles of the site, the fault characteristics 

in the site vicinity, the methods and 

techniques used for fault analysis and 

investigations, and the potential effect 

of fault displacement on structures, 

systems, and components. 

(5) Derivation of the site class 

describing the soil conditions and 

supportive geotechnical studies that are, 

at a minimum, in accordance with all 

applicable Federal requirements and 

applicable codes and standards. 

(6) Criteria used to determine 

potential soil liquefaction, subsidence, 

fault rupture, seismic slope stability, 

and lateral spreading. 

(7) A historical ground motion 

analysis, including a description of past 

seismic events of Modified Mercalli 

Intensity greater than IV or magnitude 

greater than 3.0 within 100 miles of the 

site, including date of seismic events, 

magnitude of seismic events, distance 

from site to epicenter of seismic events, 

depth of seismic events, and resultant 

ground motions recorded or estimated at 

site location. 

(8) A site-specific ground motion 

analysis based on ground motions 

projected from the U.S. Geological 

Survey national seismic maps and any 

deterministic seismic hazard analyses 

(DSHA) and probabilistic seismic 

hazard analyses (PSHA). 

(9) Derivation of all ground motions 

used for the Operating Basis Earthquake 

(OBE), Safe Shutdown Earthquake 

(SSE), site-specific design earthquake 

(DE), site-specific peak ground motion 

(PGA), and aftershock level earthquake 

(ALE) that are, at a minimum, in 

accordance with all applicable Federal 

requirements and applicable codes and 

standards. 

(10) A list of OBE, SSE, and ALE sitespecific ground motion spectral values 

for 0.5%, 1%, 2%, 5%, 7%, 10%, 15%, 

and 20% damping during all periods 

range. 

(11) The DE seismic coefficients and 

seismic design parameters, including 

the spectral response acceleration and 

five percent damped design spectral 

response acceleration parameters at a 

short-period, at a period of one second, 

and at other periods; short-period site 

coefficient and long-period site 

coefficient; importance factor; 

component importance factor; 

fundamental period of the structure; 

long-period transition period; and 

response modification coefficient that 

are, at a minimum, in accordance with 

all applicable Federal requirements and 

applicable codes and standards. 

(12) A description of site-specific 

response spectrum analysis method, 

time history analysis method, or 

equivalent static load analysis. 

(13) A seismic analysis for soilstructure interaction that is, at a 


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minimum, in accordance with all 

applicable Federal requirements and 

applicable codes and standards, and 

includes, at a minimum, a discussion of 

the modeling methods and the factors 

considered in the modeling methods, 

including the extent of embedment, the 

layering of the soil/rock strata, and the 

boundary of soil-structure model. 

(14) A comparison of seismic 

responses used for each design 

classification for all structures, systems, 

and components. 

(15) A list of seismic hazard curves of 

spectral accelerations for all periods for 

the site. 

(16) Vertical response spectra for 

seismic design and ratio to horizontal 

response spectra. 

(17) Natural frequencies and 

responses for each LNG tank system and 

associated safety systems and associated 

structures, systems, and components. 

(18) A description of procedures used 

for structural analyses, including 

consideration of incorporating the 

stiffness, mass, and damping 

characteristics of the structural systems 

into the analytical models. 

(19) A description of determination of 

seismic overturning moments and 

sliding forces for each LNG tank system 

and associated safety related structures, 

systems, and components, including 

consideration of the three components 

of input motion and the simultaneous 

action of vertical and horizontal seismic 

forces. 

(20) A description of design 

procedure for seismically isolated 

structures, systems, and components. 

(21) A description of seismic design 

basis and criteria for the LNG storage 

tank(s) and foundation(s). The seismic 

design basis and criteria must include 

the flexibility of the tank shell(s) and its 

influence on the natural frequencies of 

the tank(s), liquid level, effects of liquid 

motion or pressure changes; minimum 

design freeboard; sloshing and 

impulsive loads; seismic coefficients; 

importance factor(s); reduction factor(s); 

slosh height(s); sloshing periods of LNG 

storage tank(s); global stability of the 

tank(s) in terms of the potential for 

overturning and sliding; differential 

displacement between the tank(s) and 

the first support; and a total settlement 

monitoring program for the tank 

foundation(s). 

(22) A description of seismic 

monitoring system in accordance with, 

at a minimum, all applicable Federal 

requirements and applicable codes and 

standards, including any triaxial ground 

motion recorder installed to register the 

free-field ground motion and additional 

triaxial ground motion recorders on 

each LNG tank system foundation, LNG 

tank roof, and associated safety related 

structures, systems, and components. 

The proposed seismic monitoring must 

include the installation locations on a 

plot plan; description of the triaxial 

strong motion recorders or other seismic 

instrumentation; the proposed alarm set 

points, and operating procedures 

(including emergency operating 

procedures) for control room operators 

in response to such alarms/data 

obtained from seismic instrumentation; 

and maintenance procedures. 

(23) A cross reference to potential for 

earthquake generated tsunamis and 

seiches provided in paragraph 

(o)(15)(iii)(B) of this section, earthquake 

generated floods in paragraph 

(o)(15)(iii)(C) of this section, earthquake 

generated landslides in paragraph 

(o)(15)(iii)(G) of this section, and 

earthquake generated releases and fires 

in paragraph (m) of this section. 

(B) Tsunami and seiche information. 

Provide a discussion of tsunami and 

seiche design and hazards that includes: 

(1) The tsunami and seismic design 

basis and criteria with a description of 

the applicable requirements and 

guidelines, and generally accepted 

codes, standards, and specifications 

used as basis of design. 

(2) The seiche design inundation and 

run-up elevations and corresponding 

return periods for all structures, 

systems, and components. 

(3) The maximum considered tsunami 

(MCT) inundation and run-up elevation 

for the site, including the maximum 

considered earthquake (MCE) level 

ground motions at the site if the MCE is 

the triggering source of the MCT. 

(4) A comparison of design loads of 

seiche water inundation elevations with 

inundation elevation corresponding to 

return periods of MCE and MCT for all 

structures, systems, and components. 

(5) The Tsunami Risk Category for the 

site and a description of potential 

tsunami generation by seismic sources, 

and the prevention and mitigation plan 

for potential tsunami and seiche 

hazards. 

(6) A cross reference to potential 

tsunami and seiche generated floods in 

paragraph (o)(15)(iii)(C) of this section, 

tsunami and seiche generated landslides 

in paragraph (o)(15)(iii)(G) of this 

section, and tsunami and seiche 

generated releases and fires in 

paragraph (m) of this section. 

(C) Flood information. Provide a 

discussion of flood design criteria and 

hazards that includes: 

(1) The floods design basis and 

criteria with references to applicable 

requirements and guidelines, and 

generally accepted codes, standards, 

and specifications used as basis of 

design. 

(2) A description of flooding potential 

in the region surrounding the site due 

to one or more natural causes such as 

storm surge, tides, wind generated 

waves, meteorological tsunamis or 

seiches, extreme precipitation, or other 

natural hazard events that have a 

common cause. 

(3) A comparison of flood design 

loads corresponding to return periods of 

10,000-year, 5,000-year, 1,000-year, 500- 

year, and 100-year for all structures, 

systems, and components. 

(4) A discussion of final designed site 

elevations and storm surge walls or 

floodwalls for the site that includes 

tsunami considerations, flood design 

considerations, site total settlements, 

sea level rise, subsidence. 

(D) Hurricane information. Provide a 

discussion of hurricanes and other 

meteorological events design criteria 

and hazards that includes: 

(1) The wind and storm surge design 

basis and criteria that are, at a 

minimum, in accordance with all 

applicable Federal requirements, and 

applicable codes, standards, and 

specifications used as basis of design. 

(2) A comparison of design wind 

loads for both sustained and threesecond gusts and storm surge elevations, 

including consideration for still water, 

wind/wave run-up effects, and crest 

elevations, with hurricanes and other 

meteorological events at the site 

location corresponding to return periods 

of 10,000-year, 5,000-year, 1,000-year, 

500-year, and 100-year for all structures, 

systems, and components. 

(3) A discussion of historic hurricane 

frequencies and hurricane categories 

equivalent on the Saffir-Simpson 

Hurricane Wind Scale at the site and 

associated wind speeds and storm surge. 

(4) The design regional subsidence 

that includes a discussion of the 

elevation change used to account for 

regional subsidence for the design life of 

the facilities at the site. 

(E) Tornado information. Provide a 

discussion of tornado design criteria 

and hazards that includes: 

(1) The tornadoes design basis and 

criteria that are, at a minimum, in 

accordance with all applicable Federal 

requirements, and applicable codes, 

standards, and specifications used as 

basis of design. 

(2) A comparison of tornado design 

loads corresponding to return periods of 

10,000-year, 5,000-year, 1,000-year, 500- 

year, and 100-year for all structures, 

systems, and components. 

(3) A discussion of historic tornado 

frequencies and tornado categories as 

classified on the Enhanced Fujita (EF) 


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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 74045 

90See Updating Reguls. for Eng’rg & Design 

Materials for Liquefied Nat. Gas Facilities Related 

to Potential Impacts Caused by Nat. Hazards, 185 

FERC ¶ 61,050 (2023) (Final Rule). 

91See Center for LNG & API January 27, 2023 

Comments at 2. 

92See Final Rule, 185 FERC ¶ 61,050 at P 39 

(‘‘Because the Commission’s authority is 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 existing 

§ 380.12(o)(12) so that Resource Report 13 would 

now include 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.’’) (footnote omitted); see also id. P 15 (‘‘The 

current rulemaking clarifies and updates the 

informational requirements in the Commission’s 

regulations by codifying the current practice for 

processing NGA section 3 and [section] 7 

applications. . . . The environmental document 

includes Commission staff’s recommendations 

related to the construction and operation of the 

project, including measures to mitigate adverse 

effects. If the Commission approves the application, 

the Commission’s oversight of the project continues 

through final design, construction, commissioning, 

and operation of the project to ensure that the 

project has complied with the terms and conditions 

of the Commission’s authorization order.’’) (citing 

15 U.S.C. 717b(a), 717b(e)(3)(A), 717f(e) 

(authorizing the Commission to include terms and 

conditions to our authorization orders)) (internal 

citations omitted) (footnotes omitted). 

93 15 U.S.C. 717b, 717f. 

94See EcoEle ́ctrica, L.P., 184 FERC ¶ 61,114 

(2023) (Danly, Comm’r, concurring at P 3); 

EcoEle ́ctrica, L.P., 180 FERC ¶ 61,054 (2022) (Danly, 

Comm’r, concurring at P 3); EcoEle ́ctrica, L.P., 179 

FERC ¶ 61,038 (2022) (Danly, Comm’r, concurring); 

EcoEle ́ctrica, L.P., 177 FERC ¶ 61,164 (2021) (Danly, 

Comm’r, concurring); EcoEle ́ctrica, L.P., 176 FERC 

¶ 61,192 (2021) (Danly, Comm’r, concurring). 

Scale at the site and associated wind 

speeds. 

(4) A discussion of tornado loads 

determination and design procedure. 

(5) A comparison of impact between 

wind loads and tornado loads for the 

site. 

(F) Rain, ice, snow, and related 

precipitation information. Provide a 

discussion of rain, ice, snow, and 

related precipitation design criteria and 

hazards that includes: 

(1) The rain, ice, and snow design 

basis and criteria that are, at a 

minimum, in accordance with all 

applicable Federal requirements, and 

applicable codes, standards, and 

specifications used as basis of design. 

(2) The identification of stormwater 

flows, outfalls, and stormwater 

management systems for all surfaces, 

including spill containment system with 

sump pumps or other water removal 

systems. 

(3) The comparison of rain, ice, and 

snow design loads with rainfall rates, 

snow loads, and ice loads corresponding 

to return periods of 10,000-year, 5,000- 

year, 1,000-year, 500-year, and 100-year 

for all structures, systems, and 

components. 

(4) A discussion of historic ice and 

blizzard events and frequencies and 

other ice and snow events at the site and 

associated loads. 

(G) Landslides, wildfires, volcanic 

activity, and geomagnetism information. 

Provide a discussion of landslides, 

wildfires, volcanic activity, and 

geomagnetism design criteria and 

hazards that includes: 

(1) The landslides, wildfires, volcanic 

activity, and geomagnetism design basis 

and criteria that are, at a minimum, in 

accordance with all applicable Federal 

requirements, and applicable codes, 

standards, and specifications used as 

basis of design. 

(2) A discussion of historic landslide, 

wildfire, volcano activity, and 

geomagnetic disturbance risks and 

intensities at the site. 

(3) A description of capable 

volcanoes, volcanic characteristics of 

the region, and a discussion of 

potentially hazardous volcanic 

phenomena considerations. 

■ 6. Amend appendix A to part 380 in 

the section entitled ‘‘Resource Report 

6—Geological Resources’’ by: 

■ a. Removing paragraph 4; 

■ b. Redesignating paragraph 5 as 

paragraph 4; and 

■ c. Revising newly redesignated 

paragraph 4. 

The revision reads as follows: 

Appendix A to Part 380—Minimum 

Filing Requirements for Environmental 

Reports Under the Natural Gas Act 

* * * * * 

Resource Report 6—Geological Resources 

* * * * * 

4. For underground storage facilities, how 

drilling activity by others within or adjacent 

to the facilities would be monitored, and how 

old wells would be located and monitored 

within the facility boundaries. 

(§ 380.12(h)(5)) 

* * * * * 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix A—Commissioner Danly’s 

Statement 

United States of America Federal Energy 

Regulatory Commission 

Updating Regulations for Engineering and 

Design Materials for Liquefied Natural Gas 

Facilities Related to Potential Impacts 

Caused by Natural Hazards 

Docket No. RM22–8–000 

(Issued October 23, 2023) 

DANLY, Commissioner, concurring: 

1. I agree that several changes to the 

Commission’s regulations will be helpful to 

ensure that the Commission has adequate 

information to examine the design, 

engineering and safety of liquefied natural 

gas (LNG) facilities when authorizing the 

siting of such facilities under the 

Commission’s jurisdiction. I write separately 

to express two misgivings about the final 

rule.90

2. First, in their joint comments on the 

proposed rule, the Center for LNG and the 

American Petroleum Institute (API) 

identified potential sources of confusion 

throughout the proposed rule regarding the 

requirements that project sponsors identify 

and comply with all ‘‘applicable codes and 

standards.’’ 91 The final rule does not 

sufficiently address these well-articulated 

concerns. 

3. Second, language in the final rule 

suggests that the Commission has perpetual 

jurisdiction over LNG facilities 92 under 

Natural Gas Act sections 3 and 7.93 I continue 

to harbor misgivings that the Commission 

may not, in fact, have ongoing jurisdiction to 

oversee the safety of LNG facilities once 

permitted.94

For these reasons, I respectfully concur. 

James P. Danly, 

Commissioner. 

[FR Doc. 2023–23791 Filed 10–27–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 228 

RIN 0596–AD58 

Long-Term Financial Assurance for 

Mining 

AGENCY: Forest Service, Agriculture. 

ACTION: Interim final rule; request for 

public comment. 

SUMMARY: The Forest Service is 

amending its locatable minerals rules to 

provide mine operators with a broader 

array of options for securing financial 

assurance for funding reclamation work. 

Locatable mineral operations on 

National Forest System lands must be 

conducted to minimize adverse 

environmental impacts on National 

Forest surface resources, which often 

includes reclamation at the conclusion 

of operations. Current regulations 

provide that the Forest Service may 

require the operator to furnish a ‘‘bond’’ 

to fund reclamation work. However, the 

financial assurance mechanisms are 

limited to surety bonds, cash, and 

negotiable securities. This rule will 

expand those options. It does not 

change requirements for surface 

resource and environmental protection. 

Rather, it provides additional options 

for obtaining the financial assurance 


khammond on DSKJM1Z7X2PROD with RULES