[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Proposed Rules]
[Pages 72906-72916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25600]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 153 and 380

[Docket No. RM22-8-000]


Updating Regulations for Engineering and Design Materials for 
Liquefied Natural Gas Facilities Related to Potential Impacts Caused by 
Natural Hazards

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes 
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removing outdated references for seismic hazard evaluations and seismic 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 
proposes to codify its existing practice of evaluating seismic and 
other natural hazards and design criteria for LNG facilities under its 
jurisdiction. 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.

DATES: Comments are due January 27, 2023.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways. Electronic filing through http://www.ferc.gov, is 
preferred.
     Electronic Filing: Documents must be filed in acceptable 
native applications and print-to-PDF, but not in scanned or picture 
format.
     For those unable to file electronically, comments may be 
filed by U.S. Postal Service mail or by hand (including courier) 
delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street NE, Washington, DC 20426.
    [cir] For delivery via any other carrier (including courier): 
Deliver to: Federal Energy Regulatory Commission, Office of the 
Secretary, 12225 Wilkins Avenue, Rockville, MD 20852.
    The Comment Procedures Section of this document contains more 
detailed filing procedures.

[[Page 72907]]


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, [email protected]
Kenneth Yu (Legal Information), Office of the General Counsel, Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426, (202) 502-8482, [email protected]

SUPPLEMENTARY INFORMATION: 
    1. The Federal Energy Regulatory Commission (Commission or FERC) 
proposes to revise 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 84-2833, Data Requirements for the 
Seismic Review of LNG Facilities (NBSIR 84-2833)) that have become 
outdated. Consistent with the Commission's previous rulemakings to 
update outdated regulations,\2\ this notice of proposed rulemaking 
(NOPR) proposes to codify the 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 purpose 
of the rulemaking is to reduce confusion about the Commission's 
informational requirements under Parts 153, 157, and 380 of the 
Commission's regulations.
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    \1\ The National Technology Transfer and Advancement Act of 1995 
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 
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 Management 
and Budget, Federal Participation in the Development and Use of 
Voluntary Consensus Standards and in Conformity Assessment 
Activities, OMB Circular A-119, Revised (Jan. 27, 2016).
    \2\ See, e.g., Revisions to Reguls. Governing Authorization for 
Constr. of Nat. Gas Pipeline Facilities, Order No. 555, 56 FR 52330 
(Oct. 18, 1991), FERC Stats. & Regs. ] 30,928 (1991) (cross-
referenced at 56 FERC ] 61,414), withdrawn, 58 FR 15418 (Mar. 23, 
1993), FERC Stats & Regs. ] 30,965 (cross-referenced 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, 62 FR 30435 (Aug. 4, 1997), 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, 64 FR 37037 (July 9, 1999) FERC 
Stats. & Regs. ] 31,073 (1999) (cross-referenced at 87 FERC ] 
61,125) (codifying the Commission's practice of allowing applicants 
to prepare environmental reports in the form of resource reports).
    \3\ Notice of Availability of the Final Guidance Manual for 
Env'l Preparation, 82 FR 12,088 (Feb. 28, 2017).
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I. Background

A. The Commission's Authority and Requirements

    2. Under section 3(e) of the NGA, the Commission exercises 
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 for federal 
jurisdiction over the authorization, with or without conditions or 
modifications, or denial of the siting, construction, and operation of 
facilities used to import or export gas.\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\ The Commission's regulations 
implementing these authorities are codified in 18 CFR parts 153, 157, 
and 380, and direct prospective applicants \8\ and applicants to 
provide information necessary for the Commission to process their 
applications.\9\
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    \4\ 15 U.S.C. 717b(e)(1).
    \5\ 15 U.S.C. 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\ Applicants to construct LNG terminals are required to comply 
with the Commission's pre-filing process prior to filing an 
application with the Commission. 15 U.S.C. 717b-1(a); 18 CFR 157.21.
    \9\ See 18 CFR 153.8(a)(5), 153.8(a)(6), 153.8(a)(7)(i), 
157.14(a)(7), 157.21, 380.3, 380.12. 18 CFR 153.8(a)(7) contains an 
errant subparagraph (i), which this NOPR proposes to remove.
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    3. In Part 153 of the Commission's regulations, which pertains to 
applications for authorization to site, construct, or operate 
facilities used to export or import natural gas under section 3 of the 
NGA, Sec.  153.8(a) sets forth exhibits that must accompany an 
application. As pertinent to this rulemaking, paragraph (a)(5) requires 
applicants to file an Exhibit E, which includes a report containing 
detailed engineering and design information and references the 
Commission's Guidance Manual for Environmental Report 
Preparation.10 Paragraph (a)(6) requires applicants of LNG 
import or export facilities to file an Exhibit E-1, which includes a 
report on earthquake hazards and engineering,\11\ and paragraph (a)(7) 
requires applicants to file an Exhibit F, an environmental report that 
complies with Sec. Sec.  380.3 and 380.12 of the Commission's 
regulations.\12\
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    \10\ 18 CFR 153.8(a)(5).
    \11\ 18 CFR 153.8(a)(6).
    \12\ 18 CFR 153.8(a)(7)(i). See also 18 CFR 157.14(a)(7) 
(containing the same requirement as section 153.8(a)(7)(i) to file 
an environmental report (Exhibit F-1) that complies with sections 
380.3 and 380.12); 18 CFR 157.21 (requiring a prospective applicants 
of LNG import or export facilities to prepare an application that 
contain the environmental information prescribed in Part 380).

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[[Page 72908]]

    4. 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, Sec.  157.14(a) sets forth the exhibits that must accompany an 
application. As pertinent to this rulemaking, paragraph (a)(7) requires 
the applicant to file an Exhibit F-1, an environmental report that 
complies with Sec. Sec.  380.3 and 380.12 of the Commission's 
regulations.\13\
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    \13\ 18 CFR 157.14(a)(7).
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    5. Section 380.3 establishes the information that an applicant must 
file, including information identified in Sec.  380.12 and Appendix A 
to Part 380.\14\ Section 380.12 identifies the content requirements for 
the environmental report outlined in 13 resource reports.\15\ 
Specifically, Sec.  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.\16\
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    \14\ 18 CFR 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. 18 CFR 380.3(b)(1), (b)(2).
    \15\ 18 CFR 380.12.
    \16\ 18 CFR 380.12(h)(5).
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    6. Under Sec.  380.12(o), applicants must also prepare a report, 
Resource Report 13, that contains engineering and design material for 
the proposed LNG facility.\17\ Section 380.12(o)(14) requires an 
applicant to identify how it will comply with the applicable U.S. 
Department of Transportation (DOT) regulations,\18\ including its 
siting requirements, the National Fire Protection Association 59A LNG 
Standards (NFPA 59A), and, if applicable, U.S. Coast Guard's 
regulations \19\ pertaining to vapor dispersion calculations from LNG 
spills over water.\20\ Like for Resource 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.\21\ Appendix A to Part 380 summarizes the 
minimum filing requirements for these resource reports.\22\ Failure to 
comply with these minimum filing requirements would result in the 
issuance of a data request by Commission staff to obtain the 
information or rejection of the application.\23\
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    \17\ 18 CFR 380.12(o).
    \18\ 49 CFR pt. 193.
    \19\ 33 CFR pt. 127.
    \20\ 18 CFR 380.12(o)(14).
    \21\ 18 CFR 380.12(o)(15).
    \22\ 18 CFR pt 380, app. A.
    \23\ 18 CFR 153.21, 157.8.
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    7. 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 \24\ and was subsequently replaced by 
the International Code Council (ICC)'s International Building Code 
(IBC), which was first published in 2000.\25\ The IBC incorporates 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/SEI 7),\26\ which provides a 
Seismic Risk Map of Ground Motions for the United States and seismic 
design categories.\27\ ASCE/SEI 7 also provides additional maps for 
other natural hazard load considerations.
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    \24\ International Conference of Building Officials, Dwelling 
Construction Under the Uniform Building Code (1997 ed.).
    \25\ The 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/wp-content/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.
    \26\ American 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/bsj-technical/release-of-asce-sei-7-22-brings-important-changes-to-structural-loading-standard/.
    \27\ Additionally, we note that the National Earthquake Hazards 
Reduction Program (NEHRP), a Congressionally-mandated, multi-agency 
partnership, is actively engaged in revisions to ASCE/SEI 7 and the 
IBC. NEHRP's Recommended Seismic Provisions for New Buildings and 
Other Structures often serves as the basis for changes to ASCE/SEI 7 
and the IBC.
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    8. Published in 1984, NBSIR 84-2833 provides guidance for 
applicants requesting 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.\28\ It also 
standardizes the format for reporting this data to the Commission.\29\
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    \28\ National 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.
    \29\ Id.
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    9. The Commission has long recognized that both the UBC map and 
NBSIR 84-2833 have become outdated and are no longer widely used in the 
engineering and design of LNG facilities despite still being referenced 
in the Commission's regulations. On January 23, 2007, the Commission 
attempted to address the confusion caused by these two outdated 
standards by issuing a draft Seismic Design Guidelines and Data 
Submittal Requirements for LNG Facilities to update and replace the 
information in NBSIR 84-2833.\30\ The Commission, however, never issued 
those finalized guidelines.
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    \30\ Seismic Design Guidelines & Data Submittal Requirements for 
LNG Facilities at ii (Jan. 23, 2007).
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    10. On February 22, 2017, as part of its larger effort to update 
its environmental reporting guidance, the Commission issued the 2017 
Guidance, which provides information to assist applicants in preparing 
their seismic evaluation and design materials. The 2017 Guidance 
updates and clarifies the level of detail and format of the information 
needed for the Commission's evaluation of hazards associated with 
proposed LNG facilities.\31\ For example, the guidance identifies 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 recommends that applicants design certain LNG structures, 
systems, and components to be consistent with the seismic requirements 
of the 2005 version of ASCE/SEI 7 to demonstrate that their proposed 
project would not have a significant impact on public safety.\32\ The 
2017 Guidance recommends other evaluation and design measures for other 
natural hazards based on the regulatory requirements in Sec.  380.12, 
DOT's regulations in Part 193, and other best practices.\33\
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    \31\ See Background Section of the 2017 Guidance.
    \32\ Id.
    \33\ Id.
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B. Governmental Accountability Office's Report

    11. 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 it incorporates the outdated technical 
standard NBSIR 84-2833.\34\ The GAO noted that the

[[Page 72909]]

Commission issued the 2017 Guidance and the draft 2007 Guidelines to 
address applicants' confusion about the applicability of the outdated 
NBSIR 84-2833 and the UBC.\35\ However, because guidance documents are 
not binding, it recommended that the Commission review its regulations 
for outdated technical standards and update its regulations accordingly 
so as to avoid confusing the public about current regulatory 
requirements.\36\
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    \34\ See 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.
    \35\ Id.
    \36\ Id. at 28-29, n.47.
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II. Discussion

    12. In accordance with GAO's recommendation, the Commission 
reviewed its regulations for outdated technical standards and 
identified an outdated reference to a legacy federal agency, the 
National Bureau of Standards, in addition to the two standards that the 
Commission has historically known as being outdated: NBSIR .84-2833 and 
the UBC map. Accordingly, as discussed below, this NOPR proposes to 
revise the Commission's regulations to remove references to the 
National Bureau of Standards and the two outdated technical standards 
to avoid confusion about the information that the Commission reviews 
when processing applications to construct and operate LNG facilities. 
To replace the engineering and design information that NBSIR 84-2833 
provides, the NOPR proposes to codify a substantial amount of the 
engineering and design informational materials identified in the 2017 
Guidance regarding seismic and other natural hazards.
    13. Specifically, the references to the National Bureau of 
Standards, NBSIR 84-2833, and the UBC map contained in Sec. Sec.  
153.2(b), 153.8(a)(6), and 380.12(h)(5) will be removed, and Sec. Sec.  
380.12(o)(14) and 380.12(o)(15) will be revised by adding new 
regulatory text. First, with regard to Sec.  153.2(b), the National 
Bureau of Standards has been renamed the National Institute of 
Standards and Technology (NIST). Because National Bureau of Standards 
no longer exists, the definition of NBSIR or the National Bureau of 
Standards Information Report in Sec.  153.2(b) is outdated and will be 
deleted from the Commission's regulations pending issuance of the final 
rule.\37\
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    \37\ NIST did not publish an update to NBSIR 84-2833. For this 
reason, the NOPR proposes a deletion rather than an update.
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    14. Second, Sec. Sec.  153.8(a)(6), 380.12(h)(5), and 380.12(o)(15) 
reference the UBC map, which, as noted above, was last published in 
1997, and has been replaced by the IBC, which incorporates ASCE/SEI 7, 
and NEHRP's Recommended Seismic Provisions for New Buildings and Other 
Structures.\38\
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    \38\ The Commission has previously noted the importance of 
referencing the IBC and ASCE/SEI 7 because engineers must be 
knowledgeable of both the IBC and ASCE/SEI 7 to qualify as an 
engineer of record under state professional engineering 
requirements. See Background Section of the 2017 Guidance.
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    15. Sections 153.8(a)(6), 380.12(h)(5), and 380.12(o)(15) also 
refer to NBSIR 84-2833. In light of multiple revisions to DOT's minimum 
safety standards and NFPA 59A since the publication of the NBSIR 84-
2833 in 1984, NBSIR 84-2833 no longer serves as the most appropriate 
guidance to help applicants prepare resource reports for the 
Commission's review. Instead, applicants have generally disregarded the 
references in the Commission's regulations and prepared their resource 
reports in accordance with the Commission's practice, as memorialized 
in the 2017 Guidance.
    16. Therefore, to eliminate confusion caused by codified references 
to the UBC map and NBSIR 84-2833, the Commission proposes to replace 
the existing language in Sec.  380.12(o)(15) with new regulatory text 
that requires applicants to provide the engineering and design 
information that they have typically provided in accordance with the 
2017 Guidance. In addition, the NOPR proposes to codify the 
Commission's practice of reviewing engineering and design materials 
related to other natural hazards, as recommended in 2017 Guidance.
    17. Specifically, Sec.  380.12(o)(15)(i) would require applicants 
to provide general site-specific engineering information used in the 
geotechnical and structural design of all structures, systems, and 
components. This information would: (1) address occupancy and risk 
categorization; (2) clarify applicants' interpretation of risk and 
reliability tolerances; (3) ensure an application discusses how the 
project design would withstand load combinations; and (4) ensure that 
an applicant's selection of risk categorizations and associated mean 
recurrence intervals to withstand natural hazards adequately address 
public safety impacts. Similarly, Sec.  380.12(o)(15)(ii) would require 
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 now outdated standards. Finally, Sec.  
380.12(o)(15)(iii) would require applicants to provide information 
related to the facility's ability to withstand certain natural hazards, 
such as seismic events, floods, and hurricanes, and would align with 
Commission staff's current guidance to applicants as well as those 
adopted in certain federal regulations, and applicable codes and 
standards such as NFPA 59A, ASCE/SEI 7, and the IBC. Together, these 
sections will allow Commission staff to evaluate whether a facility is 
appropriately designed to withstand natural hazards commensurate with 
the public safety and reliability.
    18. Because the revised Sec.  380.12(o)(15) will make Sec. Sec.  
153.8(a)(6) and 380(h)(5) obsolete, the NOPR proposes to delete these 
sections. 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, which references 
obsolete Sec.  153.8(a)(6) will also be deleted.
    19. With respect to Sec.  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. However, not all LNG facilities under 
the Commission's jurisdiction will be required to meet the design 
criteria specified in NFPA 59A, 49 CFR part 193, or 33 CFR part 127 and 
may fall under 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 NOPR proposes to modify Sec.  380.12(o)(14) and require 
applicants to 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 
demonstrate how the proposed project will at a minimum comply with all 
applicable federal requirements and applicable codes and standards.\39\
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    \39\ Additionally, we note that sections 380.12(o)(12) and (13) 
require applicants to: (1) identify all codes and standards under 
which the plant (and marine terminal, if applicable) will be 
designed, and any special considerations or safety provisions that 
were applied to the design of plant components; and (2) 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. 18 CFR 380.12(o)(12), (13).

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[[Page 72910]]

    20. This proposal is consistent with the Commission's practice of 
clarifying and updating the informational requirements in its 
regulations by codifying its current practice of processing 
applications under the NGA.\40\ As the Commission has previously 
explained, applications that followed the same format would result in a 
more expeditious Commission review and processing of applications.\41\ 
When an application lacks the information necessary for the Commission 
to review a proposal's potential impacts on the environment or public 
safety, the Commission customarily issues data requests to obtain the 
missing information or rejects the application, both of which cause 
unnecessary delays.\42\ However, when applicants are uncertain about 
what information is necessary because the Commission's regulations are 
outdated or have been replaced by a current practice that has not been 
codified, the Commission takes steps to clarify its regulations to 
reduce the uncertainty, as in this proposed rulemaking.\43\ Consistent 
with its previous rulemaking, 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.'' \44\ As a result, the Commission 
would be able ``to quickly process applications in a way that protects 
the environment and ensures the procedural requirements of NEPA are 
met.'' \45\
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    \40\ See supra n.2.
    \41\ See Revision of the Commission's Reguls. Under the Nat. Gas 
Act, 63 FR 55682 (Oct.16, 1998), FERC Stats. & Regs. ] 32,535, at 
33,524 (1998) (cross-referenced at 84 FERC ] 61,345) (Order No. 603 
NOPR) 55,685-86. 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.
    \42\ See 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).
    \43\ See id. (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.'').
    \44\ Id.
    \45\ Id.
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III. Regulatory Requirements

A. Information Collection Statement

    21. The information collection requirements contained in this NOPR 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995.\46\ OMB's regulations 
require approval of certain information collection requirements imposed 
by agency rules.\47\ 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.
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    \46\ 44 U.S.C. 3507(d).
    \47\ 5 CFR 1320.11.
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    22. This NOPR would remove references to a legacy agency and two 
outdated technical standards for seismic hazard evaluations and seismic 
design criteria for LNG facilities and codify certain existing 
practices concerning natural hazard evaluations and design for LNG 
facilities contained in the Commission's 2017 guidance document. The 
proposed rule would modify certain reporting and recordkeeping 
requirements included in FERC-537 (OMB Control No. 0060), FERC-539A 
(OMB Control No. 1902-NEW), and FERC-577A (OMB Control No. 1902-
NEW).\48\
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    \48\ FERC-539A & FERC-577A are temporary placeholder 
designations for the purposes of this rulemaking. The permanent 
designations (i.e., FERC-539 and FERC-577) are pending renewal at 
OMB, and no more than one information collection may be pending at 
OMB at one time.
---------------------------------------------------------------------------

    23. 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 ([email protected]) or phone ((202) 
502-8663).
    24. The Commission solicits comments on this collection of 
information within 60 days of the publication of this NOPR in the 
Federal Register. Public comments may include, but are not limited to, 
following topics: the Commission's need for this information, whether 
the information will have practical utility, the accuracy of the burden 
estimates, ways to enhance the quality, utility, and clarity of the 
information to be collected or retained, and any suggested methods for 
minimizing respondents' burden, including the use of automated 
information techniques.
    25. Please send comments concerning the collection of information 
and the associated burden estimates to: OMB through www.reginfo.gov/public/do/PRAMain, Attention: Federal Energy Regulatory Commission Desk 
Officer. Please identify FERC-537 (OMB Control No. 0060), FERC-539A 
(OMB Control No. 1902-NEW), and FERC-577A (OMB Control No 1902-NEW) in 
the subject line.
    26. Instructions: OMB submissions must be formatted and filed in 
accordance with submission guidelines at: www.reginfo.gov/public/do/PRAMain; using the search function under the ``Currently Under Review 
field,'' select Federal Energy Regulatory Commission, click ``submit,'' 
and select ``comment'' to the right of the subject collection.
    27. Title: FERC-537 (Gas Pipeline Certificates: Construction, 
Acquisition, and Abandonment).
    28. Action: Proposed revisions to information collection FERC-537.
    29. OMB Control No.: 1902-0060.
    30. Respondents: Natural gas companies.
    31. Frequency of Information Collection: Ongoing.
    32. Abstract: The NOPR would require 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.
    33. 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 would affect only entities that file 
applications with the Commission for LNG facilities and would not 
increase or decrease the recently approved burden on respondents since 
the NOPR would codify the Commission's existing practices.\49\
---------------------------------------------------------------------------

    \49\ See 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.'').

---------------------------------------------------------------------------

[[Page 72911]]

    34. Title: FERC-539A (Gas Pipeline Certificate: Import/Export of 
LNG).
    35. Action: New information collection.
    36. OMB Control No.: 1902-NEW.
    37. Respondents: Natural gas companies seeking to import and/or 
export LNG.
    38. Frequency of Information Collection: Ongoing.
    39. Abstract: The NOPR would require 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.
    40. 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 would affect only entities that file 
applications with the Commission for LNG facilities.
    41. The estimated burdens for FERC-539A, as a result of the NOPR in 
RM22-8-000, would be as follows:
---------------------------------------------------------------------------

    \50\ The 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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Number of
       Number of respondents         responses per   Total number of   Average burden hours & average    Total annual burden hours &        Cost per
                                      respondent        responses        cost \50\ per response  ($)        total annual cost ($)        respondent ($)
(1)                                            (2)    (1) * (2) = (3)  (4)...........................  (3) * (4) = (5)...............    (5) / (1) = (6)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6.................................               2                 12  15 hours; $1,305..............  180 hours; $28,800............             $2,610
--------------------------------------------------------------------------------------------------------------------------------------------------------

    42. Title: FERC-577A (LNG Facilities: Environmental Review and 
Compliance).
    43. Action: New information collection.
    44. OMB Control No.: 1902-NEW.
    45. Respondents: Natural gas companies seeking authorization to 
site, design, construct, operate, or modify LNG facilities.
    46. Frequency of Information: Ongoing.
    47. Abstract: The NOPR would require 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.
    48. 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 would affect only entities that would file applications 
with the Commission for LNG facilities.
    49. The estimated burdens for FERC-577A, as a result of the NOPR in 
RM22-8-000, would be as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Number of                                                                                                 Cost per
    Number of respondents       responses per   Total number of     Average burden hours & average      Total annual burden hours &      respondent ($)
                                 respondent        responses       cost per response ($) (rounded)    total annual cost ($) (rounded)      (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
--------------------------------------------------------------------------------------------------------------------------------------------------------

    50. Internal Review: 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-539A, and FERC-577A.

B. Environmental Analysis

    51. 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.\51\ 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.\52\ This proposed rule 
proposes to revise the filing requirements for LNG facilities by 
deleting references to a legacy agency and two outdated technical 
standards. Because this proposed 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.
---------------------------------------------------------------------------

    \51\ Reguls. Implementing the Nat'l Env'l Policy Act of 1969, 
Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. ] 
30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
    \52\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act Certification

    52. The Regulatory Flexibility Act of 1980 (RFA) \53\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial

[[Page 72912]]

number of small entities. The RFA mandates consideration of regulatory 
alternatives that accomplish the stated objectives of a proposed rule 
and minimize any significant economic impact on a substantial number of 
small entities.\54\ In lieu of preparing a regulatory flexibility 
analysis, an agency may certify that a proposed rule will not have a 
significant economic impact on a substantial number of small 
entities.\55\
---------------------------------------------------------------------------

    \53\ 5 U.S.C. 601-612.
    \54\ Id. 603(c).
    \55\ Id. 605(b).
---------------------------------------------------------------------------

    53. The Small Business Administration's (SBA) Office of Size 
Standards develops the numerical definition of a small business.\56\ 
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.\57\ 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.
---------------------------------------------------------------------------

    \56\ 13 CFR 121.101.
    \57\ Id.
---------------------------------------------------------------------------

    54. As noted earlier, the proposed rule, as currently contemplated, 
will only affect 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. If enacted, the proposed 
revisions would remove references to a legacy agency and two outdated 
technical standards, and codify the Commission's current environmental 
information practices, thereby aligning the Commission's regulations 
with the Commission's current process of reviewing applications to 
construct and operate LNG facilities. As a result, the NOPR would 
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.
    55. Accordingly, pursuant to section 605(b) of the RFA, the 
Commission certifies that this proposed rule would not have a 
significant economic impact on a substantial number of small entities.

D. Comment Procedures

    56. 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. Comments are due January 27, 2023. Comments must refer to 
Docket No. RM22-8-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments. 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.
    57. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software must be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    58. Commenters that are not able to file comments electronically 
may file an original of their comment by USPS mail or by courier-or 
other delivery services. For submission sent via USPS only, filings 
should be mailed to: Federal Energy Regulatory Commission, Office of 
the Secretary, 888 First Street NE, Washington, DC 20426. Submission of 
filings other than by USPS should be delivered to: Federal Energy 
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.

E. Document Availability

    59. 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 (http://www.ferc.gov).
    60. 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.
    61. 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 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

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.

    Issued: November 17, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend 
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

0
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-206 (May 16, 2006).


Sec.  153.2  [Amended]

0
2. Amend Sec.  153.2 by:
0
a. Removing paragraph (b); and
0
b. Redesignating paragraphs (c) through (f) as paragraphs (b) through 
(e).


Sec.  153.8  [Amended]

0
3. Amend Sec.  153.8 by:
0
a. Redesignating paragraph (a)(7)(i) as paragraph (a)(7);
0
b. Removing paragraph (a)(6); and
0
c. Redesignating paragraphs (a)(7) through (a)(9) as paragraphs (a)(6) 
through (a)(8).

PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL 
POLICY ACT

0
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.

0
5. Amend Sec.  380.12 by:
0
a. Removing paragraph (h)(5);
0
b. Redesignating paragraph (h)(6) as paragraph (h)(5); and
0
c. Revising paragraph (o) to read as follows:


Sec.  380.12  Environmental reports for Natural Gas Act applications.

* * * * *

[[Page 72913]]

    (o) * * *
    (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 LNG 
facilities are sited, designed, constructed, and operated to maintain 
reliability and not significantly impact public safety given 
geotechnical conditions and the occurrence of a natural hazard 
identified below. 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 during construction and permanent roads.
    (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 at a minimum include 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 18 CFR 
380.12(o)(15)(iii).
    (H) A description of all mitigation measures to protect against 
natural hazards 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 18 CFR 380.12(o)(15)(ii) and (iii).
    (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 18 CFR 380.12(o)(15)(iii).
    (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, 
cross-sections, and depths of each in situ test.
    (D) A description of completed surveys, standards used for surveys, 
and their results that were conducted to obtain continuous lateral and 
depth information for the 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 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.
    (H) A discussion of subsurface conditions and profiles based on the 
result of the subsurface exploration and field test results 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

[[Page 72914]]

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 for each natural hazard 
below:
    (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 5 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 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 regulations and applicable codes and 
standards.
    (10) A list of OBE, SSE, and ALE site-specific 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, 5% damped design spectral 
response acceleration parameters at a short-period and at a period of 1 
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, response modification coefficient that are at a minimum in 
accordance with all applicable federal requirements regulations 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 soil-structure interaction that are at 
a minimum in accordance with all applicable federal requirements 
regulations and applicable codes and standards, and at a minimum 
includes a discussion of the modeling methods, 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 
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 and foundation. The seismic design basis and criteria must 
include the flexibility of the tank shell and its influence on the 
natural frequencies of

[[Page 72915]]

the tank, liquid level, effects of liquid motion or pressure changes; 
minimum design freeboard; sloshing and impulsive loads; seismic 
coefficients; importance factor; reduction factor; slosh height; 
sloshing periods of LNG storage tank; global stability of the tank in 
terms of the potential for overturning and sliding; differential 
displacement between the tank and the first support; and total 
settlement monitoring program for the tank foundation.
    (22) A description of seismic monitoring system in accordance with 
at a minimum all applicable federal requirements and applicable codes 
and standards, including a minimum of one 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 18 CFR 380.12(o)(15)(iii)(B), 
earthquake generated floods in 18 CFR 380.12(o)(15)(iii)(C), earthquake 
generated landslides in 18 CFR 380.12(o)(15)(iii)(G), and earthquake 
generated releases and fires in 18 CFR 380.12(m).
    (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 regulations 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 18 CFR 380.12(o)(15)(iii)(C), tsunami and seiche generated 
landslides in 18 CFR 380.12(o)(15)(iii)(G), and tsunami and seiche 
generated releases and fires in 18 CFR 380.12(m).
    (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 regulations 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 3-
second 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) 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.

[[Page 72916]]

    (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.
* * * * *

Appendix A to Part 380 [Amended]

0
6. Amend Appendix A to Part 380, in the section entitled ``Resource 
Report 6--Geological Resources,'' by removing paragraph 4 and 
redesignating paragraph 5 as paragraph 4.

[FR Doc. 2022-25600 Filed 11-25-22; 8:45 am]
BILLING CODE 6717-01-P


