[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Proposed Rules]
[Pages 72906-72916]
[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removing outdated references for seismic hazard evaluations and seismic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.

FOR FURTHER INFORMATION CONTACT:

Andrew Kohout (Technical Information), Office of Energy Projects,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426,<PHONE_NUMBER>, [email protected]
Kenneth Yu (Legal Information), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426,<PHONE_NUMBER>, [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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    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

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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    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.
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    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.'').

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

    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

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<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. 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.

* * * * *

    (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

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

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.

    (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


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40815-40816]
[DOCID:fr14jy10-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL08-14-007]

Black Oak Energy, LLC, EPIC Merchant Energy, LP, SESCO
Enterprises, LLC v. PJM Interconnection, LLC; Notice of Filing

July 8, 2010.
    Take notice that on June 1, 2010, PJM Interconnection, LLC filed a
report of refund pursuant to the Federal Energy Regulatory Commission's
(Commission) April 15, 2010 Order Denying Rehearing and Accepting
Compliance Filing issued in this proceeding, Black Oak Energy, LLC, et
al. v. PJM Interconnection, LLC, 131 FERC ] 61,024 (2010) (April 15
Order).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for

review in the Commission's Public Reference Room in Washington, DC.
There is an ``eSubscription'' link on the Web site that enables
subscribers to receive e-mail notification when a document is added to
a subscribed docket(s). For assistance with any FERC Online service,
please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 22, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17162 Filed 7-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Pages 26481-26482]
[FR Doc No: 2018-12220]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0478]

Sebela Ireland, Ltd. et al.; Withdrawal of Approval of 24
Abbreviated New Drug Applications; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register on February 23, 2018. The notice
announced the voluntary withdrawal of approval of 24 abbreviated new
drug applications (ANDAs) from multiple applicants, effective March 26,
2018. The notice indicated that FDA was withdrawing approval of the
following ANDA after receiving a withdrawal request from Sun
Pharmaceutical Industries, Ltd., c/o Sun Pharmaceutical Industries,
Inc. (Sun Pharmaceutical), 2 Independence Way, Princeton, NJ 08540:
ANDA 077483, Benazepril Hydrochloride and Hydrochlorothiazide Tablets,
5 milligrams (mg)/6.25 mg, 10 mg/12.5 mg, 20 mg/12.5 mg, and 20 mg/25
mg. Before withdrawal of this ANDA became effective, however, Sun

Pharmaceutical informed FDA that it did not want approval of the ANDA
withdrawn. Because Sun Pharmaceutical timely requested that approval of
this ANDA not be withdrawn, the approval of ANDA 077483 is still in
effect.

FOR FURTHER INFORMATION CONTACT: Trang Tran, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of Friday, February
23, 2018 (83 FR 8089), appearing on page 8089 in FR Doc. 2018-03700,
the following correction is made:
    1. On page 8090, the entry for ANDA 077483 in the table is removed.

    Dated: June 1, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-12220 Filed 6-6-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89036-89038]
[FR Doc No: 2016-29580]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0008; FRL-9953-69]

Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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

SUMMARY: This document announces the Agency's receipt of several
initial filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before January 9, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, P.E., Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following

list of North American Industrial Classification System (NAICS) codes
is not intended to be exhaustive, but rather provides a guide to help
readers determine whether this document applies to them. Potentially
affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT for the division listed at the end of the
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. The Agency is taking public comment on
the requests before responding to the petitioners. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petitions described in this document contain the data or
information prescribed in FFDCA section 408(d)(2), 21 U.S.C.
346a(d)(2); however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data support granting of the
pesticide petitions. After considering the public comments, EPA intends
to evaluate whether and what action may be warranted. Additional data
may be needed before EPA can make a final determination on these
pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

Amended Tolerance

    1. PP 5F8396. EPA-HQ-OPP-2015-0796. Gowan Company, P.O. Box 5569,
Yuma, AZ, 85366, requests to amend the tolerances in 40 CFR 180.448 for
residues of the insecticide hexythiazox in or on Alfalfa, forage from
15 parts per million (ppm) to 20 ppm; and Alfalfa, hay from 30 ppm to
60 ppm. High performance liquid chromatography (HPLC) using mass
spectrometric detection (LC-MS/MS) analytical method is used to measure
and evaluate residues of hexythiazox and its metabolites containing the
PT-1-3 moiety. Contact: RD.

New Tolerances

    1. PP 5F8412. EPA-HQ-OPP-2015-0795. Gowan Company, P.O. Box 5569,
Yuma, AZ, 85366-5569, requests to establish tolerances in 40 CFR part
180.448 for residues of the insecticide hexythiazox in or on
Bermudagrass, forage at 40.0 parts per million (ppm); and Bermudagrass,
hay at 70.0 ppm. High performance liquid chromatography (HPLC) method
using mass spectrometric detection (LC-MS/MS) is proposed for
enforcement purposes. Contact: RD.
    2. PP 5F8413. EPA-HQ-OPP-2015-0797. Gowan Company, P.O. Box 5569,
Yuma, AZ, 85366-5569, requests to establish tolerances in 40 CFR part
180.448 for residues of the insecticide hexythiazox, in or on Beet,
sugar, dried pulp at 0.60 parts per million (ppm); Beet, sugar,
molasses at 0.21 ppm; Beet, sugar, roots at 0.15 ppm; and Beet, sugar,
tops at 1.5 ppm. High performance liquid chromatography (HPLC) method
using mass spectrometric detection (LC-MS/MS) is proposed for
enforcement purposes. Contact: RD.
    3. PP 6E8494. EPA-HQ-OPP-2016-0595. Nichino America, Inc., 4550 New
Linden Hill Road, Suite 501, Wilmington, DE, 19808, requests to
establish an import tolerance in 40 CFR part 180.511 for residues of
the insecticide buprofezin, in or on Rice at 0.3 parts per million
(ppm). Gas chromatography/mass spectrometry with nitrogen phosphorus
detection (GC/NPD), and a gas chromatography/mass spectrometry (GC/MS)
method for confirmation of buprofezin residues in plant commodities is
proposed for enforcement purposes. Contact: RD.
    4. PP 6F8502. EPA-HQ-OPP-2011-0971. Nichino America, Inc., 4550 New
Linden Hill Road, Suite 501, Wilmington, DE, 19808, requests to
establish tolerances in 40 CFR part 180 for residues of the insecticide
pyrifluquinazon, in or on Almond, hulls at 0.01 parts per million
(ppm); Brassica, head and stem vegetables (crop group 5-16) at 0.4 ppm;
Cattle, fat at 0.01 ppm; Cattle, meat at 0.01 ppm; Cattle, meat
byproducts at 0.01 ppm; Citrus fruits (crop group 10-10) at 0.5 ppm;
Citrus, oil at 14 ppm; Cotton, gin byproducts at 4 ppm; Cotton,
undelinted seed at 0.2 ppm; Cucurbit vegetables (crop group 9) at 0.06
ppm; Fruiting vegetables, tomato (crop group 8-10A) at 0.2 ppm;
Fruiting vegetables, pepper/eggplant (crop group 8-10B) at 0.15 ppm;
Goat, fat at 0.01 ppm; Goat, meat at 0.01 ppm; Goat, meat byproducts at
0.01ppm; Horse, fat at 0.01 ppm; Horse, meat at 0.01 ppm; Horse, meat
byproducts at 0.01 ppm; Leaf petiole vegetables (crop subgroup 22B) at
1.5 ppm; Leafy vegetables (crop group 4-16) at 5 ppm; Milk at 0.01 ppm;

Pome fruits (crop group 11-10) at 0.04 ppm; Sheep, fat at 0.01 ppm;
Sheep, meat at 0.01 ppm; Sheep, meat byproducts at 0.01 ppm; Small
fruit vine climbing subgroup (crop subgroup 13-07F) (except fuzzy
kiwifruit) at 0.6 ppm; Stone fruits, cherry (crop group 12-12A) at 0.2
ppm; Stone fruits, peach (crop group 12-12B) at 0.03 ppm; Stone fruits,
plum (crop group 12-12C) at 0.015 ppm; Tree nuts (crop group 14-12) at
0.01 ppm; and Tuberous and corm vegetables (crop subgroup 1C) at 0.01
ppm. Gas chromatography/mass spectrometry with nitrogen phosphorus
detection (GC/NPD), and a gas chromatography/mass spectrometry (GC/MS)
method for confirmation of buprofezin residues in plant commodities is
proposed for enforcement purposes. Contact: RD.
    5. PP 5F8416. EPA-HQ-OPP-2011-0985. ISK Biosciences Corporation,
7470 Auburn Road, Suite A, Concord, Ohio, 44077, requests to establish
an import tolerance in 40 CFR part 180.613 for residues of the combined
residues of the insecticide flonicamid [N-(cyanomethyl)-4-
trifluoromethyl)-3-pyridinecarboxamide (CA) or N-cyanomethyl-4-
trifluoromethylnicotinamide (IUPAC)] and its metabolites, TFNA [4-
trifluoromethylnicotinic acid], TFNA-AM [4-trifluoromethylnicotinamide)
and TFNG [N(4-trifluoromethylnicotinoyl)-glycine] in or on dried tea
leaves at 40 parts per million (ppm). Analytical methodology has been
developed to determine the residues of flonicamid and its three major
plant metabolites, TFNA, TFNG, and TFNA-AM in various crops. The
residue analytical method for the majority of crops includes an initial
extraction with acetonitrile (CAN)/deionized (DI) water, followed by a
liquid-liquid partition with ethyl acetate. The residue analytical
method for wheat straw is similar, except that a C18 solid phase
extraction (SPE) is added prior to the liquid-liquid partition. The
final sample solution is quantified using a liquid chromatograph (LC)
equipped with a reverse phase column and a quadruple mass spectrometer
(MS/MS). Contact: RD.

    Authority:  21 U.S.C. 346a.

    Dated: November 30, 2016.
Michael Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-29580 Filed 12-8-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 6, 2007 (Volume 72, Number 108)]
[Notices]
[Page 31305-31306]
[DOCID:fr06jn07-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP04-119-006]

Dominion Transmission, Inc.; Notice of Annual Report

May 30, 2007.
    Take notice that on May 4, 2007, Dominion Transmission, Inc. (DTI)
tendered for filing its annual report of operational sales of gas
pursuant to Section 42.D of the General Terms and Conditions of its
FERC Gas Tariff and

Section 154.502 of its regulations of the Commission.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
Comment Date: 5 p.m. Eastern Time on June 5, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10805 Filed 6-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Proposed Rules]
[Pages 78197-78198]
[FR Doc No: 2010-31341]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0850; FRL-9239-1]

Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; The Milwaukee-Racine and Sheboygan Areas; Determination of
Attainment of the 1997 8-hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to determine under the Clean Air Act (CAA)
that the Milwaukee-Racine and Sheboygan, Wisconsin areas have attained
the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS).
The Milwaukee-Racine area includes Milwaukee, Ozaukee, Racine,
Washington, Waukesha, and Kenosha Counties. The Sheboygan area includes
Sheboygan County. The proposed determinations are based on complete,
quality-assured and certified ambient air monitoring data that show
that the areas have monitored attainment of the 1997 8-hour ozone
standard for the 2006-2008 and 2007-2009 monitoring periods.
Preliminary data available for 2010 indicate that the areas continue to
monitor attainment. If EPA finalizes this action, as a result of these
determinations, the requirements for these areas to submit attainment
demonstrations and associated reasonably available control measures
(RACM), reasonable further progress plans (RFP), contingency measures,
and other State Implementation Plan (SIP) revisions related to
attainment of the standard would be suspended for as long as the areas
continue to attain the 1997 8-hour ozone standard. These determinations
would also suspend the requirement for EPA to promulgate attainment
demonstration, RFP, and any other attainment-related Federal
Implementation Plans (FIPs) for these areas.

DATES: Comments must be received on or before January 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0850, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Attainment Planning and Maintenance
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through

Friday, 8:30 am to 4:30 pm, excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the attainment determinations as a direct
final rule without prior proposal because the Agency views this as a
noncontroversial action and anticipates no adverse comments. A detailed
rationale for the approval is set forth in the direct final rule. If no
adverse comments are received in response to this rule, no further
activity is contemplated. If EPA receives adverse comments, with
respect to either the Milwaukee-Racine or the Sheboygan area, the
direct final rule will be withdrawn with regard to that area and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
For additional information, see the direct final rule which is located
in the Rules section of this Federal Register.

    Dated: November 24, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010-31341 Filed 12-14-10; 8:45 am]
BILLING CODE 6560-50-P


(C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; and
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (d), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

[FR Doc. 2013-04298 Filed 2-22-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 19, 2008 (Volume 73, Number 183)]
[Notices]
[Page 54415-54416]
[DOCID:fr19se08-72]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3289-EM]

Louisiana; Amendment No. 2 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Louisiana (FEMA-3289-EM), dated August 29, 2008, and
related determinations.

DATES: Effective Date: September 11, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective September 11, 2008.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-21940 Filed 9-18-08; 8:45 am]

BILLING CODE 9110-10-P