This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

52328 

Vol. 70, No. 170 

Friday, September 2, 2005 

1The other two phases of a project timeline for 

any LNG proposal are pre-decision analysis and 

post-decision construction/operation inspection 

and monitoring. 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 153, 157 and 375 

[Docket No. RM05–31–000] 

Regulations Implementing Energy 

Policy Act of 2005; Pre-Filing 

Procedures for Review of LNG 

Terminals and Other Natural Gas 

Facilities 

Issued August 26, 2005. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) is 

proposing regulations in accordance 

with section 311(d) of the Energy Policy 

Act of 2005 (EPAct 2005) to implement 

mandatory procedures requiring 

prospective applicants to begin the 

Commission’s pre-filing review process 

at least six months prior to filing an 

application for authorization to site and 

construct a liquefied natural gas (LNG) 

terminal. As proposed, the mandatory 

procedures would require that the 

prospective applicant submit 

information necessary for pre-filing 

review of the LNG terminal, as defined 

in EPAct 2005, as well as any pipeline 

and other natural gas facilities necessary 

to transport regasified LNG from an LNG 

terminal to existing natural gas pipeline 

infrastructure. As required by EPAct 

2005, the proposed regulations are 

designed to encourage applicants to 

cooperate with state and local officials 

to address safety considerations. A 

prospective applicant also would be 

required to comply with the pre-filing 

procedures prior to filing an application 

to make significant modifications to an 

existing LNG terminal likely to involve 

state and local safety considerations. 

Under the proposed regulations, 

prospective applicants could continue 

to elect on a voluntary basis to 

undertake the pre-filing process prior to 

filing applications for other facilities 

subject to the Commission’s jurisdiction 

under the Natural Gas Act (NGA). 

DATES: Comments on the Notice of 

Proposed Rulemaking are due 

September 14, 2005. 

ADDRESSES: Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http:// 

www.ferc.gov. Commenters unable to 

file comments electronically must send 

an original and 14 copies of their 

comments to: Federal Energy Regulatory 

Commission, Office of the Secretary, 

888 First Street NE., Washington, DC 

20426. Refer to the Comment 

Procedures section of the preamble for 

additional information on how to file 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Richard Hoffmann, Office of Energy 

Projects, 888 First Street, NE., 

Washington, DC 20426, (202) 502–8066, 

richard.hoffmann@ferc.gov. 

John Leiss, Office of Energy Projects, 

888 First Street, NE., Washington, DC 

20426, (202) 502–8058, 

john.leiss@ferc.gov. 

Whit Holden, Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8089, edwin.holden@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

1. Pursuant to section 311(d) of the 

Energy Policy Act of 2005 (EPAct 2005), 

the Commission is required, by October 

7, 2005, to promulgate regulations 

requiring prospective applicants for 

authorization to construct liquefied 

natural gas (LNG) terminals (as defined 

in EPAct 2005) to comply with the 

Commission’s pre-filing review process, 

beginning at least six months prior to 

filing an application. As further 

required by EPAct 2005, the proposed 

regulations encourage applicants to 

cooperate with state and local officials. 

2. Prior to any Commission decision 

regarding an application for LNG 

facilities, the Commission prepares an 

environmental assessment (EA) or 

environmental impact statement (EIS) to 

fulfill the requirements of the National 

Environmental Policy Act of 1969 

(NEPA), 42 U.S.C. 4321, et seq., and the 

Commission’s implementing regulations 

under Title 18, Code of Federal 

Regulations, Part 380, ‘‘Regulations 

Implementing the National 

Environmental Policy Act.’’ The 

purpose of the document is to inform 

the public and permitting agencies 

about the potential adverse and/or 

beneficial environmental impacts of 

proposed projects and their alternatives. 

As with pipeline projects, a thorough 

analysis of any substantive issues 

relating to LNG facilities is undertaken 

during the preparation of an EA or EIS. 

The NEPA documents for new LNG 

terminals and expansions at existing 

sites include a thorough study of 

potential impacts to public safety. 

3. To date, it has been the 

Commission’s policy to encourage early 

involvement by the public and 

governmental agencies, as contemplated 

by NEPA and Council on Environmental 

Quality (CEQ) regulations, by promoting 

an optional pre-filing process for both 

interstate gas pipeline and LNG terminal 

projects. Specifically, in the case of LNG 

project proposals, pre-filing activity is 

one of three distinct phases of activity 

that the Commission undertakes in 

fulfilling its goal of assuring the safe 

operation and system reliability of 

proposed and operating jurisdictional 

LNG facilities throughout the United 

States.1

4. Typically, prior to filing an LNGrelated application, company 

representatives meet with Commission 

staff to explain the project and solicit 

advice. These meetings provide 

prospective applicants the opportunity 

for Commission staff to offer suggestions 

related to environmental, engineering, 

and safety features of the proposal. At 

this stage, Commission staff reviews 

conceptual designs of planned LNG 

facilities; provides guidance on 

resolving potential environmental, 

safety, and design issues; explains the 

level of design detail and safety analysis 

required for a complete application; and 

assists potential applicants in 

developing plans for ensuring extensive 

public involvement in the application 

process. In this manner, Commission 

staff learns about future projects which 

may be filed at the Commission, helps 

companies in their application 

preparation, and ensures that the public 

is included in the process. 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52329 

2 18 CFR 157.22 (2005). 

3Section 388.112 of the Commission’s 

regulations, 18 CFR 388.112 (2005), sets forth 

procedures to be followed by any person submitting 

documents containing critical energy infrastructure 

information (CEII). These procedures apply only to 

submissions of CEII to the Commission. CEII, as 

defined in section 388.113 of the regulations, 

includes information about proposed or existing 

natural gas facilities that could be used by a person 

planning an attack on critical energy infrastructure. 

The Commission’s procedures in section 388.112 

are designed to ensure that CEII is not placed in the 

Commission’s public records. The regulations 

proposed by this notice would make the procedures 

in section 388.112 applicable to submissions by 

prospective applicants using the proposed pre-filing 

review procedures. 

5. Because it is desirable to maximize 

early public involvement to promote the 

wide-spread dissemination of 

information about proposed projects 

and to reduce the amount of time 

required to issue an EIS or EA once an 

application is filed, the Commission’s 

Office of Energy Projects (OEP) has 

developed guidelines for going beyond 

informal discussions into a more formal 

pre-filing process. These guidelines 

were developed because in certain 

respects the collaborative pre-filing 

procedures for use by prospective 

applicants set forth in section 157.22 of 

the Commission’s regulations have 

proven to be impracticable.2 Therefore, 

the Commission is proposing to 

eliminate the collaborative process 

procedures of section 157.22 in 

conjunction with codification of the prefiling procedures and regulations 

proposed in this notice. 

6. Under the Commission’s current 

guidelines, when a prospective 

applicant elects to undertake the 

Commission pre-filing process, the 

prospective applicant submits a written 

request to the Director of OEP for staff 

assistance with the pre-filing process 

seven to eight months prior to filing an 

application. The request: (1) Explains 

why the prospective applicant wants to 

use the pre-filing process, including 

time considerations; (2) lists the Federal 

and state agencies in the project area 

with relevant permitting requirements, 

documents that those agencies are aware 

of the prospective applicant’s intention 

to use the Commission’s pre-filing 

process, provides the Commission with 

contact names and phone numbers, and 

verifies that the Federal agencies agree 

to participate in this process; (3) 

identifies other interested persons and 

organizations who have been contacted 

about the project; (4) details what work 

has been done already, i.e., contacting 

landowners, agency consultants, project 

engineering, and route planning; (5) 

states that the prospective applicant will 

provide a list of potential third-party 

contractors who can prepare the 

requisite NEPA document, from which 

Commission staff will make a selection; 

(6) acknowledges that a complete 

Environmental Report and complete 

application are still required at the time 

of filing; and (7) details a Public 

Participation Plan which identifies 

specific tools and actions to facilitate 

stakeholder communications and public 

information, including establishing a 

single point of contact. Prospective 

applicants are strongly encouraged to 

establish a project Web site where 

interested persons can go for 

information such as copies of 

applications to other agencies. Also, 

preliminary corridor or route 

information maps are highly desirable.3

7. In recent years, Commission staff 

has sought to promote use of the prefiling process by prospective applicants 

for all major natural gas projects, 

including LNG projects. If the 

guidelines for requesting the pre-filing 

process are satisfied by a prospective 

applicant, a written acceptance is issued 

by the Director of OEP, and a PF docket 

number is assigned. 

8. Commission staff’s role in the prefiling process is to work with 

stakeholders and the prospective 

applicant to ensure that a complete 

application is prepared, based on a 

thorough exploration of potential issues, 

and not to take any position on the 

merits of the potential application. Staff 

and third-party contractor pre-filing 

involvement is designed to encourage 

and promote a cooperative pre-filing 

process. On a case-by-case basis, this 

involvement will include some or all of 

the following: (1) Assisting the 

prospective applicant in developing 

initial information about the proposal 

and identifying affected parties 

(including landowners and agencies); 

(2) issuing a Scoping Notice and 

conducting scoping for the proposal; (3) 

facilitating issue identification and 

resolution; (4) conducting site visits, 

examining alternatives, meeting with 

agencies and stakeholders, and 

participating in the prospective 

applicant’s public information meetings; 

(5) initiating the preparation of a 

preliminary EA or preliminary DEIS, 

which may include cooperating agency 

review; and (6) reviewing draft resource 

reports for the application that is to be 

filed with the Commission. 

9. When the application for 

authorization to construct a pipeline 

project or to site an LNG terminal is 

filed, the Commission publishes a 

notice of the application in the Federal 

Register and establishes a deadline for 

interested persons to intervene in the 

proceeding. Because the pre-filing 

process occurs before an application to 

begin a proceeding is filed, petitions to 

intervene during this process are 

premature and are not accepted by the 

Commission. 

10. As noted above, EPAct 2005 

requires the Commission implement a 

mandatory, rather than elective, prefiling process for review of LNG 

terminal facilities prior to a prospective 

applicant’s filing of an application for 

authorization of such facilities. In this 

regard, Congress has directed that the 

Commission promulgate regulations 

directing that the pre-filing process 

commence at least 6 months prior to the 

filing of an application and that the 

regulations encourage applicants to 

cooperate with state and local officials. 

To fulfill this mandate, the Commission 

is proposing to adopt its existing prefiling process as the mandatory prefiling process for review of LNG 

terminal facilities and associated 

jurisdictional pipeline facilities. The 

Commission’s experience with the 

current pre-filing process is that it has 

been used with much success since its 

introduction several years ago. It is a 

process with which the natural gas 

industry, governmental entities and the 

public are familiar. To the extent that 

minor changes will improve the current 

process, we can consider them as a 

result of the comment process in this 

proceeding. 

II. Summary of Proposed Regulations 

11. As discussed above, the proposed 

regulations, in large measure, adopt the 

formal pre-filing process that the 

Commission currently utilizes when 

prospective applicants voluntarily elect 

to use the process. First, section 153.2 

of the regulations would be amended by 

adding the definition of ‘‘LNG terminal’’

set forth in the new section 3A of the 

NGA added by section 311(d) of EPAct 

2005: 

LNG Terminal means all natural gas 

facilities located onshore or in State waters 

that are used to receive, unload, load, store, 

transport, gasify, liquefy, or process natural 

gas that is imported to the United States from 

a foreign country, exported to a foreign 

country from the United States, or 

transported in interstate commerce by a 

waterborne vessel, but does not include: 

(1) Waterborne vessels used to deliver 

natural gas to or from any such facility; or 

(2) Any pipeline or storage facility subject 

to the jurisdiction of the Commission under 

section 7 of the Natural Gas Act. 

12. A proposed new paragraph (c) 

would be added to section 153.6 to state 

that no application for an LNG terminal 

or associated jurisdictional pipeline 

facilities may be made before 180 days 

after the date of a notice by the Director 

52330 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 

4 Information concerning these documents may be 

found in the U. S. Coast Guard Navigation and 

Vessel Inspection Circular No. 05–05, dated June 

14, 2005. 

5The CEQ’s regulations are set out at 40 CFR 

parts 1500 through 1508 (2005). 

of OEP announcing commencement of a 

prospective applicant’s pre-filing 

process under the procedures of 

proposed new section 157.21, described 

below. A new definition would be 

added to section 157.1 to provide that, 

for the purposes of section 157.21, 

‘‘Director’’ means the Director of the 

Commission’s Office of Energy Projects. 

13. Proposed new section 157.21 

would establish the pre-filing process 

for LNG terminal facilities, as well as 

other natural gas facilities. The 

procedures would be mandatory for any 

prospective applicant for authorization 

to site, construct and operate facilities 

included within the definition of ‘‘LNG 

terminal,’’ as defined in proposed 

section 153.2(d), and for any associated 

jurisdictional pipeline facilities. The 

pre-filing procedures also would be 

mandatory in cases where the Director 

finds that significant modifications to 

existing LNG terminal facilities involve 

state and local safety considerations. As 

discussed below, the pre-filing review 

process would remain voluntary for 

natural gas facilities not related to LNG 

terminals. 

14. To initiate the pre-filing review 

process under proposed section 157.21, 

a prospective applicant for LNG 

terminal facilities would be required to 

make a filing containing certain 

material, as described below, and 

concurrently file a Letter of Intent and 

a Preliminary Waterway Suitability 

Assessment (WSA) with the U. S. Coast 

Guard.4

15. Proposed section 157.21(a)(2) 

would provide that an application for 

LNG terminal facilities and associated 

jurisdictional pipeline facilities (1) shall 

not be filed until at least 180 days after 

the date that the Director issues notice 

of the commencement of the prospective 

applicant’s pre-filing process, and (2) 

shall contain all the information 

specified by Commission staff. 

16. The information that a prospective 

applicant would be required to submit 

pursuant to section 157.21(a)(2) would 

include draft environmental material in 

accordance with the provisions of Part 

380 of the regulations implementing the 

Commission’s procedures under NEPA. 

The requirements in Part 380 of the 

Commission’s regulations supplement 

the CEQ’s regulations.5 The procedures 

in Part 380 essentially follow CEQ 

procedures concerning early and 

efficient review of environmental issues, 

public notice and participation, scoping, 

interagency cooperation, comments, and 

timing of decisions on proposals. 

17. The environmental material 

required by the Part 380 regulations is 

embodied in sections 380.12, 380.13, 

380.14 and 380.15 and Appendix A to 

Part 380. Section 380.12 describes 

resource reports which list, in detail, the 

information the Commission needs to 

conduct an environmental review of a 

proposal under NEPA. It consists of 13 

resource reports ranging from a detailed 

project description to descriptions of the 

existing environment and potential 

impacts on environmental resources 

such as water use and quality, fish, 

wildlife and vegetation, cultural 

resources, land use and aesthetics, and 

air and noise and, for LNG terminal 

facilities, engineering and design 

material. 

18. Sections 380.13 and 380.14 

provide procedures and detailed 

descriptions of what the prospective 

applicant is expected to do to help the 

Commission comply with its obligations 

under the Endangered Species Act and 

the National Historic Preservation Act. 

Section 380.15 identifies best practices 

for the prospective applicant to follow 

when siting and maintaining facilities. 

Appendix A to Part 380 is a checklist of 

minimum environmental filing 

requirements. 

19. Currently, when a prospective 

applicant elects to undertake the 

Commission’s voluntary pre-filing 

procedures, it is required to use or file, 

as appropriate, all of the abovedescribed Part 380 materials as it 

formulates its project and then files the 

application with the Commission. The 

proposed procedures would require that 

prospective applicants required or 

requesting to use the pre-filing process 

file draft environmental material in 

accordance with the provisions of Part 

380 of the regulations implementing the 

Commission’s procedures under NEPA, 

as described above. This would allow 

the Commission to review and make 

suggestions on how they could be 

improved before the filing of the 

application. 

20. Proposed section 157.21(a)(3) 

would require that a prospective 

applicant for LNG terminal facilities and 

any associated jurisdictional pipeline 

facilities provide any necessary 

information for the environmental 

review of any pipeline or other natural 

gas facilities which are necessary to 

transport regasified LNG from the 

subject LNG terminal facilities to the 

existing natural gas pipeline 

infrastructure. Such facilities would 

include facilities not subject to the 

Commission’s NGA jurisdiction, such as 

intrastate pipeline and Hinshaw 

pipeline facilities that will be 

interconnected with the LNG terminal. 

21. Proposed section 157.21(b) also 

states that a prospective applicant 

approved to use the pre-filing 

procedures for facilities not related to 

LNG terminal facilities should not file 

an application until at least 180 days 

after the date that the Director issues a 

notice approving use of the pre-filing 

procedures. However, whereas a 

prospective applicant for LNG facilities 

would be precluded from filing an 

application before the 180-day period 

has ended, the proposed regulations do 

not preclude a prospective applicant for 

facilities not related to LNG facilities 

from filing an application within 180 

days. 

22. Any prospective applicant 

required to use the pre-filing process for 

LNG terminal facilities and related 

facilities or any prospective applicant 

requesting to use the pre-filing process 

for non-LNG related facilities would be 

required by proposed section 157.21(c) 

to first consult with the Director on the 

nature of the project, the content of the 

pre-filing request, and the status of the 

prospective applicant’s progress toward 

obtaining the information required for 

the pre-filing request described in 

paragraph (d) of this section. This 

consultation will also include 

discussion of the specifications for the 

applicant’s solicitation for prospective 

third-party contractors to prepare the 

environmental documentation for the 

project. 

23. Proposed section 157.21(d) 

identifies the information that a 

prospective applicant’s initial filing to 

initiate the pre-filing process must 

include. For LNG terminal facilities, the 

initial filing must include a description 

of the schedule desired for the project, 

including the expected application 

filing date and the desired date for 

Commission approval, and a description 

of the zoning and availability of the 

proposed site and marine facility 

location. 

24. For natural gas facilities not 

related to LNG terminal facilities, 

proposed section 157.21(d) provides 

that a prospective applicant’s initial 

filing must include an explanation of 

why the prospective applicant wants to 

use the process, including any critical 

timing considerations, the expected 

application filing date and the desired 

date for Commission approval. 

25. Filings by all prospective 

applicants to initiate the pre-filing 

process would be required by proposed 

section 157.21(d) to include: 

• A detailed description of the project 

that will serve as the initial discussion 

point for stakeholder review; 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52331 

6As provided in Rule 2007 of the Commission’s 

Rules of Practice and Procedure, 18 CFR 385.2007 

(2005), the day on which the Director’s notice is 

issued would be excluded in counting days for 

purposes of determining the date a filing is due. 

Further, if the due date for a filing would fall on 

a Saturday, Sunday, holiday, or day on which the 

Commission closes early due to adverse conditions, 

the following business day becomes the due date. 

7Order No. 486, Regulations Implementing the 

National Environmental Policy Act, 52 FR 47897 

(Dec. 17, 1987), FERC Stats. & Regs. Preambles 

1986–1990 ¶ 30,783 (1987). 

• A list of the relevant Federal and 

state agencies in the project area with 

permitting requirements, and a 

statement indicating that those agencies 

are aware of the prospective applicant’s 

intention to use the pre-filing process 

(including contact names and telephone 

numbers) and whether the agencies 

have agreed to participate in the 

process; 

• A list and description of the interest 

of other persons and organizations who 

have been contacted about the project 

(including contact names and telephone 

numbers); 

• A description of what work has 

already been done, e.g., contacting 

stakeholders, agency consultations, 

project engineering, route planning, 

environmental and engineering 

contractor engagement, environmental 

surveys/studies, and open houses; 

• Proposals for at least three 

prospective third-party contractors from 

which Commission staff may make a 

selection; 

• Acknowledgement that a complete 

Environmental Report and complete 

application are required at the time of 

filing; and 

• A description of a Public 

Participation Plan which identifies 

specific tools and actions to facilitate 

stakeholder communications and public 

information, including a project website 

and a single point of contact. 

26. Proposed section 157.21(e) states 

that the pre-filing process for a 

prospective applicant will be deemed to 

have commenced on the date the 

Director issues a notice setting forth a 

finding that the prospective applicant 

has adequately addressed the 

requirements of paragraphs (a) through 

(d) of section 157.21. The date of such 

notice shall be used in determining 

whether the date an application is filed 

is at least 180 days after commencement 

of the pre-filing process. Proposed 

section 157.21(e) also provides for the 

Director to make determinations 

whether prospective modifications to an 

existing LNG terminal will be 

significant modifications involving state 

and local safety considerations. Such 

prospective modifications to existing 

LNG facilities will require that the 

prospective applicant undertake the prefiling review process. 

27. Existing section 375.308(z) 

describes the Director’s delegated 

authority with respect to the 

collaborative pre-filing procedures in 

section 157.22, which this proposed 

rule would remove from the regulations 

in view of the proposed implementation 

of the pre-filing procedures and review 

provided for in proposed new section 

157.21. Therefore, the Commission is 

proposing to remove the existing text in 

paragraph (z) in section 375.208 and 

replace it with new text which would 

provide for the Director’s issuance of 

notices to commence the pre-filing 

process under proposed new section 

157.21, after the Director has found that 

a prospective applicant has adequately 

addressed the above-described 

requirements. The proposed new text in 

section 375.308(z) also provides for the 

Director to post guidance on the 

Commission’s website to clarify the 

procedures and how prospective 

applicants can achieve compliance with 

the pre-filing process and regulations. 

28. Proposed section 157.21(f) 

provides that, upon the Director’s 

issuance of a notice commencing a 

prospective applicant’s pre-filing 

process, the prospective applicant must: 

• Within seven days 6 and after 

consultation with Commission staff, 

establish and notify Commission staff of 

the dates and locations at which the 

prospective applicant will conduct open 

houses and meetings with stakeholders 

(including agencies) and Commission 

staff. 

• Within 14 days, conclude the 

contract with the selected third-party 

contractor. 

• Within 14 days, contact all 

stakeholders not already informed about 

the project. 

• Within 30 days, submit a 

stakeholder mailing list to Commission 

staff. 

• Within 30 days, file a draft of 

Resource Report 1 in accordance with 

§ 380.12(c) and a summary of the 

alternatives considered or under 

consideration. 

• On a monthly basis, file status 

reports detailing the applicant’s project 

activities including surveys, stakeholder 

communications, and agency meetings. 

• Be prepared to provide a 

description of the proposed project and 

to answer questions from the public at 

the scoping meetings held by 

Commission staff. 

• Be prepared to attend site visits and 

other stakeholder and agency meetings 

arranged by the Commission staff, as 

required. 

• Within 14 days of the end of the 

scoping comment period, respond to 

issues raised during scoping. 

• Within 60 days of the end of the 

scoping comment period, file draft 

Resource Reports 1 through 12. 

• At least 60 days prior to filing an 

application, file revised draft Resource 

Reports, if requested by Commission 

staff. 

• At least 90 days prior to filing an 

application, file draft Resource Report 

13 (for LNG terminal facilities). 

• Certify that a Follow-on WSA will 

be submitted to the U.S. Coast Guard no 

later than the filing of an application 

with the Commission for LNG terminal 

facilities. 

29. Proposed section 157.21(g) 

provides that Commission staff and 

third-party contractor involvement 

during the pre-filing process will be 

designed to fit each project and will 

include some or all of the following: 

• Assisting the prospective applicant 

in developing initial information about 

the proposal and identifying affected 

parties (including landowners, agencies, 

and other interested parties). 

• Issuing an environmental scoping 

notice and conducting scoping for the 

proposal. 

• Facilitating issue identification and 

resolution. 

• Conducting site visits, examining 

alternatives, meeting with agencies and 

stakeholders, and participating in the 

prospective applicant’s public 

information meetings. 

• Reviewing draft Resource Reports. 

• Initiating the preparation of a 

preliminary EA or draft EIS, which may 

include cooperating agency review. 

30. Paragraph (h) of proposed section 

157.21 would provide that a prospective 

applicant using the pre-filing 

procedures shall comply with the 

procedures in section 388.112 of the 

regulations for the submission of 

documents containing CEII, as defined 

in section 388.113 of the regulations. 

31. Once an application is accepted 

by the Commission, whether the 

environmental analysis can proceed will 

be highly dependent on how well the 

applicant responded to issues raised by 

Commission staff and the stakeholders 

during the pre-filing process described 

above. 

III. Environmental Analysis 

32. The Commission is required to 

prepare an EA or EIS for any action that 

may have a significant adverse effect on 

the human environment.7 No 

environmental consideration is raised 

by the promulgation of a rule that is 

52332 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 

8 18 CFR 380.4(a)(2)(ii) (2005). 

9 5 U.S.C. 601–612. 10 5 U.S.C. 601(3), citing to section 3 of the Small 

Business Act, 15 U.S.C. 623. Section 3 of the Small 

Business Act defines a ‘‘small-business concern’’ as 

a business which is independently-owned and 

operated and which is not dominant in its field of 

operation. 

11 5 CFR 1320.11 (2005). 

12 44 U.S.C. 3507(d) (2005). 

13 5 CFR 1320.13 (2005). 

procedural in nature or does not 

substantially change the effect of 

legislation or regulations being 

amended.8

33. The regulations proposed herein 

would establish pre-filing review 

procedures which are mandatory for 

prospective applicants for LNG terminal 

and any associated jurisdictional 

pipeline facilities and elective for 

prospective applicants for natural gas 

facilities not related to LNG terminals. 

In neither case do the procedures 

substantially change the regulatory 

requirements to which applications for 

such facilities are subject. Rather, the 

proposed procedures would result in 

certain regulatory requirements being 

satisfied prior to the filing of an 

application, as opposed to being 

satisfied at the time, or after the filing, 

of the application. The use of the 

procedures generally will affect the 

timing of the filing of applications, not 

when regulatory requirements are met. 

Further, the proposed procedures 

implement regulatory changes 

mandated by Congress in EPAct 2005 

for new LNG terminals. 

IV. Regulatory Flexibility Act Statement 

34. The Regulatory Flexibility Act of 

1980 (RFA) 9 generally requires a 

description and analysis of proposed 

regulations that will have significant 

economic impact on a substantial 

number of small entities. The 

Commission is not required to make 

such an analysis if proposed regulations 

would not have such an effect. Under 

the industry standards used for 

purposes of the RFA, a natural gas 

pipeline company qualifies as ‘‘a small 

entity’’ if it has annual revenues of $6 

million or less. 

35. Most companies regulated by the 

Commission do not fall within the 

RFA’s definition of a small entity.10

Based on the Commission’s experience 

using the proposed pre-filing 

procedures, they will only be used for 

major construction projects. Most, if not 

all, LNG-related projects subject to 

mandatory pre-filing review would be 

projects costing millions of dollars. 

Most, if not all, non-LNG related 

projects for which prospective 

applicants will elect to use the proposed 

pre-filing procedures will be projects 

costing millions of dollars. Because of 

the scale and nature of projects likely to 

be reviewed under the pre-filing 

procedures, the Commission doubts that 

any existing or new company using the 

pre-filing procedures will be a small 

entity under the RFA’s standards. 

Accordingly, the Commission hereby 

certifies that this notice’s proposed 

regulations, if promulgated, will not 

have a significant economic impact on 

a substantial number of small entities. 

V. Information Collection Statement 

36. The Office of Management and 

Budget (OMB) regulations require that 

OMB approve certain reporting, record 

keeping, and public disclosure 

(collections of information) imposed by 

an agency.11 Accordingly, pursuant to 

OMB regulations, the Commission is 

providing notice of its proposed 

information collections to OMB for 

review under section 3507(d) of the 

Paperwork Reduction Act of 1995.12

37. FERC–539, ‘‘Gas Pipeline 

Certificates: Import/Export Related,’’

identifies the Commission’s information 

collections relating to Part 153 of its 

regulations, which apply to facilities to 

import or export natural gas and for 

which authorization under section 3 of 

the NGA is necessary. If planned import 

or export facilities will be LNG terminal 

facilities, as defined in proposed section 

153.2(d), the facilities will be subject to 

the mandatory pre-filing review 

required by proposed section 157.21. A 

prospective applicant for non-LNG 

related import and export facilities may 

choose to request approval to undertake 

the pre-filing procedures in proposed 

section 157.21. 

38. FERC–537, ‘‘Gas Pipeline 

Certificates: Construction, Acquisition 

and Abandonment,’’ identifies the 

Commission’s information collections 

relating to Part 157 of its regulations, 

which apply to natural gas facilities for 

which authorization under section 7 of 

the NGA is required. Such facilities will 

be subject to the mandatory pre-filing 

review required by proposed section 

157.21 only if they are included within 

the definition of LNG terminal facilities, 

as defined in proposed section 153.2(d) 

or, more likely, are necessary to 

transport regasified gas away from LNG 

terminal facilities. A prospective 

applicant for non-LNG related NGA 

section 7 facilities may choose to 

request approval to undertake the prefiling procedures in proposed section 

157.21. 

39. FERC–577, ‘‘Gas Pipeline 

Certificates: Environmental Impact 

Statement,’’ identifies the Commission’s 

information collections relating to Part 

380 implementing NEPA requirements 

relating to the construction of natural 

gas facilities. As proposed herein, 

prospective applicants using the prefiling procedures, whether on a 

mandatory or voluntary basis, will be 

subject to the requirements of Part 380. 

40. The Commission’s information 

collections relating to this notice’s 

proposed pre-filing procedures are 

described in this notice. The 

Commission has submitted this notice 

to OMB for review and clearance of the 

notice’s information collection 

requirements under emergency 

processing procedures.13 OMB approval 

has been requested by [INSERT DATE]. 

41. Comments are solicited on the 

Commission’s need for this information, 

whether the information will have 

practical utility, the accuracy of the 

provided burden estimates, ways to 

enhance the quality, utility, and clarity 

of the information to be collected, and 

any suggested methods for minimizing 

respondent’s burden, including the use 

of automated information techniques. 

42. The Commission has been using 

its current voluntary pre-filing 

procedures for approximately four 

years. Thus, the Commission has 

experience that it did not have when it 

proposed existing section 157.22 of the 

regulations, which this proposed rule 

would eliminate. Based on this 

experience, the Commission believes 

that there will be no more than 20 

prospective applicants that use the 

proposed pre-filing review procedures 

on an annual basis. The Commission 

anticipates that this number will 

include no more than five prospective 

applicants for LNG terminal facilities. 

During the four years that prospective 

applicants have had the option of using 

the Commission’s current voluntary prefiling procedures, all but three 

prospective applicants for LNG terminal 

projects have elected to undertake the 

pre-filing procedures. Thus, the 

adoption of mandatory pre-filing 

procedures for LNG facilities is not 

expected to significantly increase the 

number of prospective LNG applicants 

that use the pre-filing procedures, as 

mandated by Congress in EPAct 2005. 

43. The burden estimates for 

complying with additional filing 

requirements of this rule pursuant to the 

procedures in proposed new section 

157.21 are set forth below. As reflected, 

the burden estimates are higher for a 

respondent/prospective applicant for 

LNG terminal facilities than for a 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52333 

respondent/prospective applicant for 

other natural gas facilities. 

Data collection Number of 

respondents 

Number of 

responses 

Hours per 

response 

Total annual 

hours 

FERC–537 ....................................................................................................... 10 1 47 470 

FERC–539 ....................................................................................................... 10 1 103 1,030 

FERC–577 ....................................................................................................... 20 1 1,402 28,040 

Totals ........................................................................................................ ........................ ........................ ........................ 29,540 

From these burden estimates must be 

subtracted the original data collection 

requirements in OMB’s record relating 

to section 157.22 which this notice 

proposes to remove from the 

Commission’s regulations. The numbers 

in OMB’s record for section 157.22 are: 

FERC–537: 13,230 hours. 

FERC–539: 270 hours. 

FERC–577: 13,580 hours. 

When the burden estimates for 

proposed section 157.21 are reduced to 

reflect the removal of section 157.22, the 

net data collection estimates for this 

rule are: 

FERC–537: ¥12,760 hours. 

FERC–539: 760 hours. 

FERC–577: 14,460 hours. 

Total: 2,460 hours (net increase). 

Total Annual Hours for Collection: 

2,460 hours. For LNG terminal facilities 

and LNG-related pipeline facilities, 

these are mandatory information 

collection requirements. For non-LNG 

related natural gas facilities, these 

information collection requirements are 

voluntary but are still subject to OMB 

review. 

Information Collection Costs: The 

Commission seeks comments on the 

cost to comply with these requirements. 

It has projected the average annualized 

cost for all respondents to be $4,920,000 

(2,460 hours × $100.00 per hour × 20 

respondents). 

Title: FERC–537 ‘‘Gas Pipeline 

Certificates: Construction, Acquisition 

and Abandonment’’; FERC–539, ‘‘Gas 

Pipeline Certificates: Import/Export 

Related’’; FERC–577, ‘‘Gas Pipeline 

Certificates: Environmental Impact 

Statement.’’

Action: Proposed Information 

Collection. 

OMB Control Nos.: 1902–0060 (FERC–

537); 1902–0062 (FERC–539); 1902–

0128 (FERC–577). The applicant shall 

not be penalized for failure to respond 

to these collections of information 

unless the collections of information 

display valid OMB control numbers. 

Respondents: Business or other for 

profit. 

Frequency of Responses: One-time 

implementation. 

Necessity of Information: On August 

8, 2005, Congress enacted EPAct 2005. 

Section 311(d) of EPAct 2005 amends 

the NGA to insert a new section, section 

3A, which requires that the Commission 

shall promulgate regulations on the prefiling process for LNG terminals within 

60 days from enactment of EPAct 2005. 

Congress and the Commission consider 

the promulgation of these regulations to 

be a matter of critical importance to the 

state and local safety concerns regarding 

the construction and development of 

LNG terminals. The Commission must 

issue a final rule by October 7, 2005. 

The Commission seeks emergency 

processing of this proposed information 

collection because the use of normal 

clearance procedures is reasonably 

likely to cause a statutory deadline to be 

missed. The proposed rule revises the 

requirements contained in 18 CFR parts 

157 and 153 to add a requirement that 

applicants for authorization to construct 

LNG terminals must comply with a prefiling process and that such process 

must commence at least 6 months prior 

to the filing of any application with the 

Commission for authorization to 

construct such facilities. 

Internal Review: The Commission has 

assured itself, by means of internal 

review, that there is specific, objective 

support for the burden estimates 

associated with the information 

requirements. The Commission’s Office 

of Energy Projects will review the data 

included in the application to determine 

whether the proposed facilities are in 

the public interest as well as for general 

industry oversight. This determination 

involves, among other things, an 

examination of adequacy of design, cost, 

reliability, redundancy, safety and 

environmental acceptability of the 

proposed facilities. These requirements 

conform to the Commission’s plan for 

efficient information collection, 

communication and management within 

the natural gas industry. 

44. Interested person may obtain 

information on the reporting 

requirements by contacting the 

following: Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426 (Attention: 

Michael Miller, Office of the Executive 

Director, 202–502–8415, fax: 202–273–

0873, e-mail: michael.miller@ferc.gov. 

45. For submitting comments 

concerning the collection of information 

and the associated burden estimate(s) 

including suggestions for reducing this 

burden, please send your comments to 

the contact listed above and to the 

Office of Management and Budget, 

Room 10202 NEOB, 725 17th Street, 

NW., Washington, DC 20503 (Attention: 

Desk Officer for the Federal Energy 

Regulatory Commission, 202–395–4650, 

fax: 202–395–7285). 

VI. Public Comment and Expedited 

Procedures 

46. EPAct 2005 mandates that the 

Commission promulgate regulations 

implementing the pre-filing process 

within 60 days of the date of its 

enactment. Therefore, the Commission 

intends to promulgate final regulations 

by October 7, 2005. To that end, public 

comments on this notice are due on 

September 14, 2005. 

47. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

The Commission will carefully weigh 

and consider all public comments 

received. 

48. Comments must refer to Docket 

No. RM05–31 and must include the 

commenters’ names, the organization 

they represent, if applicable, and their 

address. Comments may be filed either 

in electronic or paper format. 

49. Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http:// 

www.ferc.gov. The Commission accepts 

most standard word processing formats 

and commenters may attach additional 

files with supporting information in 

certain other file formats. Commenters 

filing electronically do not need to make 

a paper filing. Commenters that are not 

able to file comments electronically 

must send an original and 14 copies of 

their comments to: Federal Energy 

52334 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 

Regulatory Commission, Office of the 

Secretary, 888 First Street NE., 

Washington, DC 20426. 

50. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VII. Document Availability 

51. 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 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. Eastern time) at 888 First 

Street, NE., Room 2A, Washington DC 

20426. 

52. From FERC’s Home Page on the 

Internet, this information is available in 

the Commission’s document 

management system, 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. 

53. User assistance is available for 

eLibrary and the FERC’s Web site during 

normal business hours. For assistance, 

please contact FERC Online Support at 

1–866–208–3676 (toll free) or 202–502–

6652 (e-mail at 

FERCOnlineSupport@FERC.gov), or the 

Public Reference Room at 202–502–

8371, TTY (202) 502–8659 (e-mail at 

public.referenceroom@ferc.gov). 

List of Subjects in 18 CFR Part 157 

Administrative practice and 

procedure; Natural gas; Reporting and 

recordkeeping requirements. 

By direction of the Commission. 

Magalie R. Salas, 

Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend parts 

153, 157 and 375 of 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 

continues 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. 0204–112, 

49 FR 6684 (February 22, 1984). 

2. In § 153.2, a new paragraph (d) is 

added, to read as follows: 

§ 153.2 Definitions. 

* * * * * 

(d) LNG Terminal means all natural 

gas facilities located onshore or in state 

waters that are used to receive, unload, 

load, store, transport, gasify, liquefy, or 

process natural gas that is imported to 

the United States from a foreign 

country, exported to a foreign country 

from the United States, or transported in 

interstate commerce by a waterborne 

vessel, but does not include: 

(1) Waterborne vessels used to deliver 

natural gas to or from any such facility; 

or 

(2) Any pipeline or storage facility 

subject to the jurisdiction of the 

Commission under section 7 of the 

Natural Gas Act. 

3. In § 153.6, a new paragraph (c) is 

added, to read as follows: 

§ 153.6 Time of filing. 

* * * * * 

(c) When a prospective applicant for 

authorization for LNG terminal 

facilities, associated jurisdictional 

natural gas facilities or modifications to 

existing LNG terminal facilities is 

required by 18 CFR 157.21(a) to comply 

with that section’s pre-filing procedures, 

no application for such authorization 

may be made before 180 days after the 

date of issuance of the notice by the 

Director of the Office of Energy Projects, 

as provided in 18 CFR 157.21(e), of the 

commencement of the prospective 

applicant’s pre-filing process under 18 

CFR 157.21. 

4. Section 153.12 is removed. 

PART 157—APPLICATIONS FOR 

CERTIFICATES OF PUBLIC 

CONVENIENCE AND NECESSITY AND 

FOR ORDERS PERMITTING AND 

APPROVING ABANDONMENT UNDER 

SECTION 7 OF THE NATURAL GAS 

ACT 

5. The authority citation for part 157 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w; 3301–

3432; 42 U.S.C. 7101–7352. 

6. In § 157.1, the introductory text is 

designated as paragraph (a), the 

definition of Indian tribe is designated 

as paragraph (a)(1), the definition of 

Resource agency is designated as 

paragraph (a)(2), and a paragraph (b) is 

added to read as follows: 

§ 157.1 Definitions. 

* * * * * 

(b) For the purposes of § 157.21 of this 

Part, Director means the Director of the 

Commission’s Office of Energy Projects. 

7. Section 157.21 is added, to read as 

follows: 

§ 157.21 Pre-filing procedures and review 

process for LNG terminal facilities and 

other natural gas facilities prior to filing of 

applications. 

(a) LNG terminal facilities and 

associated jurisdictional pipeline 

facilities. A prospective applicant for 

authorization to site, construct and 

operate facilities included within the 

definition of ‘‘LNG terminal,’’ as defined 

in 18 CFR 153.2(d), and any prospective 

applicant for associated jurisdictional 

pipeline facilities must comply with 

this section’s pre-filing procedures and 

review process. These mandatory prefiling procedures also shall apply when 

the Director finds in accordance with 

paragraph (e)(2) of this section that 

prospective modifications to an existing 

LNG terminal are significant 

modifications that involve state and 

local safety considerations. 

When a prospective applicant is 

required by this paragraph to comply 

with this section’s pre-filing procedures: 

(1) The prospective applicant must 

make a filing containing the material 

identified in paragraph (d) of this 

section and concurrently file a Letter of 

Intent and a Preliminary Waterway 

Suitability Assessment (WSA) with the 

U.S. Coast Guard. Information 

concerning the documents to be filed 

with the Coast Guard may be found in 

the U.S. Coast Guard Navigation and 

Vessel Inspection Circular No. 05–05, 

dated June 14, 2005. 

(2) An application: 

(i) Shall not be filed until at least 180 

days after the date that the Director 

issues notice pursuant to paragraph (e) 

of this section of the commencement of 

the prospective applicant’s pre-filing 

process; and 

(ii) Shall contain all the information 

specified by the Commission staff after 

reviewing the draft materials filed by 

the prospective applicant during the 

pre-filing process, including required 

environmental material in accordance 

with the provisions of Part 380 of this 

chapter, ‘‘Regulations Implementing the 

National Environmental Policy Act.’’

(3) The prospective applicant must 

provide sufficient information for the 

pre-filing review of any pipeline or 

other natural gas facilities, including 

facilities not subject the Commission’s 

Natural Gas Act jurisdiction, which are 

necessary to transport regasified LNG 

from the subject LNG terminal facilities 

to the existing natural gas pipeline 

infrastructure. 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52335 

(b) Other natural gas facilities. When 

a prospective applicant for 

authorization for natural gas facilities is 

not required by paragraph (a) of this 

section to comply with this section’s 

pre-filing procedures, the prospective 

applicant may file a request seeking 

approval to use the pre-filing 

procedures. 

(1) A request to use the pre-filing 

procedures must contain the material 

identified in paragraph (d) of this 

section; and 

(2) If a prospective applicant for nonLNG terminal facilities is approved to 

use this section’s pre-filing procedures: 

(i) The application will normally not 

be filed until at least 180 days after the 

date that the Director issues notice 

pursuant to paragraph (e) of this section 

approving the prospective applicant’s 

request to use the pre-filing procedures 

under this section and commencing the 

prospective applicant’s pre-filing 

process. However, a prospective 

applicant approved by the Director 

pursuant to paragraph (e)(2) of this 

section to undertake the pre-filing 

process is not prohibited from filing an 

application at an earlier date, if 

necessary; and 

(ii) The application shall contain all 

the information specified by the 

Commission staff after reviewing the 

draft materials filed by the prospective 

applicant during the pre-filing process, 

including required environmental 

material in accordance with the 

provisions of Part 380 of this chapter, 

‘‘Regulations Implementing the National 

Environmental Policy Act.’’

(c) Initial consultation. A prospective 

applicant required or requesting to use 

the pre-filing process must first consult 

with the Director on the nature of the 

project, the content of the pre-filing 

request, and the status of the 

prospective applicant’s progress toward 

obtaining the information required for 

the pre-filing request described in 

paragraph (d) of this section. This 

consultation will also include 

discussion of the specifications for the 

applicant’s solicitation for prospective 

third-party contractors to prepare the 

environmental documentation for the 

project. 

(d) Contents of the initial filing. A 

prospective applicant’s initial filing 

pursuant to paragraph (a)(1) of this 

section for LNG terminal facilities and 

associated jurisdictional pipeline 

facilities or paragraph (b)(1) of this 

section for other natural gas facilities 

shall include the following information: 

(1) A description of the schedule 

desired for the project including the 

expected application filing date and the 

desired date for Commission approval. 

(2) For LNG terminal facilities, a 

description of the zoning and 

availability of the proposed site and 

marine facility location. 

(3) For natural gas facilities other than 

LNG terminal facilities and associated 

jurisdictional facilities, an explanation 

of why the prospective applicant is 

requesting to use the pre-filing process 

under this section. 

(4) A detailed description of the 

project that will serve as the initial 

discussion point for stakeholder review. 

(5) A list of the relevant federal and 

state agencies in the project area with 

permitting requirements, and a 

statement indicating that those agencies 

are aware of the prospective applicant’s 

intention to use the pre-filing process 

(including contact names and telephone 

numbers), and whether the agencies 

have agreed to participate in the 

process. 

(6) A list and description of the 

interest of other persons and 

organizations who have been contacted 

about the project (including contact 

names and telephone numbers). 

(7) A description of what work has 

already been done, e.g., contacting 

stakeholders, agency consultations, 

project engineering, route planning, 

environmental and engineering 

contractor engagement, environmental 

surveys/studies, and open houses. 

(8) Proposals for at least three 

prospective third-party contractors from 

which Commission staff may make a 

selection to assist in the preparation of 

the requisite NEPA document. 

(9) Acknowledgement that a complete 

Environmental Report and complete 

application are required at the time of 

filing; and 

(10) A description of a Public 

Participation Plan which identifies 

specific tools and actions to facilitate 

stakeholder communications and public 

information, including a project Web 

site and a single point of contact. 

(e) Director’s notices. 

(1) When the Director finds that a 

prospective applicant has adequately 

addressed the requirements of 

paragraphs (a) through (d) of this 

section, the Director shall issue a notice 

of such finding. The pre-filing process 

shall be deemed to have commenced on 

the date of the Director’s notice, and the 

date of such notice shall be used in 

determining whether the date an 

application is filed is at least 180 days 

after commencement of the pre-filing 

process. 

(2) The Director shall issue a notice 

making a determination whether 

prospective modifications to an existing 

LNG terminal shall be subject to this 

section’s pre-filing procedures and 

review process. If the Direct determines 

that the prospective modifications are 

significant modifications that involve 

state and local safety considerations, the 

Director’s notice will state that the prefiling procedures shall apply, and the 

pre-filing process shall be deemed to 

have commenced on the date of the 

Director’s notice in determining 

whether the date an application is filed 

is at least 180 days after commencement 

of the pre-filing process. 

(f) Upon the Director’s issuance of a 

notice commencing a prospective 

applicant’s pre-filing process, the 

prospective applicant must: 

(1) Within seven days and after 

consultation with Commission staff, 

establish the dates and locations at 

which the prospective applicant will 

conduct open houses and meetings with 

stakeholders (including agencies) and 

Commission staff. 

(2) Within 14 days, conclude the 

contract with the selected third-party 

contractor. 

(3) Within 14 days, contact all 

stakeholders not already informed about 

the project. 

(4) Within 30 days, submit a 

stakeholder mailing list to Commission 

staff. 

(5) Within 30 days, file a draft of 

Resource Report 1, in accordance with 

18 CFR 380.12(c), and a summary of the 

alternatives considered or under 

consideration. 

(6) On a monthly basis, file status 

reports detailing the applicant’s project 

activities including surveys, stakeholder 

communications, and agency meetings. 

(7) Be prepared to provide a 

description of the proposed project and 

to answer questions from the public at 

the scoping meetings held by OEP staff. 

(8) Be prepared to attend site visits 

and other stakeholder and agency 

meetings arranged by the Commission 

staff, as required. 

(9) Within 14 days of the end of the 

scoping comment period, respond to 

issues raised during scoping. 

(10) Within 60 days of the end of the 

scoping comment period, file draft 

Resource Reports 1 through 12. 

(11) At least 60 days prior to filing an 

application, file revised draft Resource 

Reports 1 through 12, if requested by 

Commission staff. 

(12) At least 90 days prior to filing an 

application, file draft Resource Report 

13 (for LNG terminal facilities). 

(13) Certify that a Follow-on WSA 

will be submitted to the U. S. Coast 

Guard no later than the filing of an 

application with the Commission (for 

LNG terminal facilities). 

(g) Commission staff and third-party 

contractor involvement during the preVerDate Aug<18>2005 15:34 Sep 01, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\02SEP1.SGM 02SEP1
52336 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 

filing process will be designed to fit 

each project and will include some or 

all of the following: 

(1) Assisting the prospective applicant 

in developing initial information about 

the proposal and identifying affected 

parties (including landowners, agencies, 

and other interested parties). 

(2) Issuing an environmental scoping 

notice and conducting such scoping for 

the proposal. 

(3) Facilitating issue identification 

and resolution. 

(4) Conducting site visits, examining 

alternatives, meeting with agencies and 

stakeholders, and participating in the 

prospective applicant’s public 

information meetings. 

(5) Reviewing draft Resource Reports. 

(6) Initiating the preparation of a 

preliminary Environmental Assessment 

or Draft Environmental Impact 

Statement, the preparation of which 

may involve cooperating agency review. 

(h) A prospective applicant using the 

pre-filing procedures of this section 

shall comply with the procedures in 18 

CFR 388.112 for the submission of 

documents containing critical energy 

infrastructure information, as defined in 

18 CFR 388.113. 

§ 157.22 [Removed] 

8. Section 157.22 is removed. 

PART 375—THE COMMISSION 

8a. The authority citation for part 375 

continues to read as follows: 

Authority: 5 U.S.C. 551–557; 15 U.S.C. 

717–717w, 3301–3432; 16 U.S.C. 791–825r, 

2601–2645; 42 U.S.C. 7101–7352. 

9. In § 375.308, paragraph (z) is 

revised to read as follows: 

§ 375.308 Delegations to the Director of 

the Office of Energy Projects. 

* * * * * 

(z) Approve, on a case-specific basis, 

and make such decisions and issue 

guidance as may be necessary in 

connection with the use of the pre-filing 

procedures in 18 CFR 157.21, ‘‘Pre-filing 

procedures and review process for LNG 

terminal facilities and other natural gas 

facilities prior to filing of applications.’’

[FR Doc. 05–17480 Filed 9–1–05; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Customs and Border Protection 

19 CFR Part 101 

[DHS–2005–0057] 

Establishment of New Port of Entry at 

Sacramento, CA; Realignment of the 

Port Limits of the Port of Entry at San 

Francisco, CA 

AGENCY: Customs and Border Protection, 

DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This rule proposes to amend 

the Department of Homeland Security 

regulations pertaining to the field 

organization of the Bureau of Customs 

and Border Protection by establishing a 

new port of entry at Sacramento, 

California, and terminating the user fee 

status of Sacramento International 

Airport. In order to accommodate this 

new port of entry, this rule proposes to 

realign the port boundaries of the port 

of entry at San Francisco, California 

since these boundaries currently 

encompass an area that is to be included 

within the new port of Sacramento. This 

change is part of the Bureau of Customs 

and Border Protection’s continuing 

program to utilize more efficiently its 

personnel, facilities, and resources to 

provide better service to carriers, 

importers, and the general public. 

DATES: Comments must be received on 

or before November 1, 2005. 

ADDRESSES: Comments, identified by 

docket number DHS–2005–0057, may be 

submitted by one of the following 

methods: 

EPA Federal Partner EDOCKET Web 

Site: http://www.epa.gov/feddocket. 

Follow instructions for submitting 

comments on the Web site. 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Comments by mail are to be 

addressed to the Bureau of Customs and 

Border Protection, Office of Regulations 

and Rulings, Regulations Branch, 1300 

Pennsylvania Avenue, NW. (Mint 

Annex), Washington, DC 20229. 

Submitted comments by mail may be 

inspected at the Bureau of Customs and 

Border Protection, 799 9th Street, NW., 

Washington, DC. To inspect comments, 

please call (202) 572–8768 to arrange for 

an appointment. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://www.epa.gov/ 

feddocket, including any personal 

information provided. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Dore, Office of Field Operations, 

202–344–2776. 

SUPPLEMENTARY INFORMATION: 

Background 

As part of its continuing efforts to 

provide better service to carriers, 

importers, and the general public, the 

Department of Homeland Security 

(DHS), Bureau of Customs and Border 

Protection (CBP), is proposing to 

establish a new port of entry at 

Sacramento, California. 

The new port of entry would include 

all the territory within the following 

areas: (i) The corporate limits of 

Sacramento, including the adjacent 

territory comprised of McClellan 

Airport in Sacramento County; (ii) all 

territory on the San Joaquin River in 

Contra Costa and San Joaquin Counties, 

to and including Stockton; (iii) from 

Sacramento, southwest along U.S. 

Interstate 80, east along Airbase 

Parkway, to and including the territory 

comprising Travis Air Force Base; (iv) 

all points on the Sacramento River in 

Solano, Yolo and Sacramento Counties, 

from the junction of the Sacramento 

River with the San Joaquin River in 

Sacramento County, to and including 

Sacramento, California; and (v) all 

points on the Sacramento River Deep 

Water Ship Channel in Solano, Yolo and 

Sacramento Counties, (a) from and 

including, the junction of Cache Slough 

with the Sacramento River, to and 

including Sacramento; and (b) from 

Sacramento northwest along Interstate 5 

to Airport Boulevard, north along 

Airport Boulevard, to and including the 

territory comprising the Sacramento 

International Airport in Sacramento 

County. All of the territory included in 

the new port of Sacramento is located 

within the State of California. 

Sacramento International Airport 

currently is a user fee airport. User fee 

airports do not qualify for designation 

by CBP as international airports (which 

are a specific type of CBP port of entry) 

based on the volume of their business, 

but are approved by the Commissioner 

of CBP to receive the services of CBP 

officers for the processing of aircraft 

entering the United States and their 

passengers and cargo. Unlike the 

situation at an international airport, the 

availability of customs services at a user 

fee airport is not paid for out of 

appropriations from the general treasury 

of the United States. Instead, customs 

services are provided on a fully 

reimbursable basis to be paid for by the 

airport on behalf of the recipients of the