Waiver of the Water Quality Certification Requirements of Section 401(a)(1) of the Clean Water Act, 16298-16302 [2021-06102]
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16298
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
MOZEE, KS
Hutchinson, KS
(HUT)
DROOP, MO
Dogwood, MO
(DGD)
REINS, MO
Farmington, MO
(FAM)
JEDPA, IL
Pocket City, IN
(PXV)
*
*
*
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Issued in Washington, DC, on March 24,
2021.
George Gonzalez,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2021–06390 Filed 3–26–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2019–0815; Airspace
Docket No. 19–ASW–8]
RIN 2120–AA66
Revocation, Amendment, and
Establishment of Multiple Air Traffic
Service (ATS) Routes Due to the
Decommissioning of the Greene
County, MS, VOR
Federal Aviation
Administration (FAA) DOT.
ACTION: Final rule; withdrawal.
AGENCY:
This action withdraws the
final rule published in the Federal
Register on August 20, 2020, removing
Jet Route J–590, amending VHF
Omnidirectional Range (VOR) Federal
airways V–11 and V–70, and
establishing area navigation (RNAV)
routes T–362 and T–365 due to the
planned decommissioning of the VOR
portion of the Greene County, MS, VOR/
Tactical Air Navigation (VORTAC)
navigation aid. Unanticipated issues
affecting the completion of related VOR
Minimum Operational Network (MON)
Program instrument procedure
amendments and the associated flight
inspection activities required to adopt
those amendments continue and have
made this withdrawal action necessary.
DATES: Effective as of 0901 UTC, March
29, 2021, the final rule published on
August 20, 2020 (85 FR 51329), delayed
on October 13, 2020 (85 FR 64377), is
withdrawn.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
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(Lat. 38°50′51.20″ N, long. 099°16′35.85″ W)
(Lat. 37°59′48.91″ N, long. 097°56′02.94″ W)
FIX
VORTAC
(Lat. 37°06′09.12″ N, long. 094°26′42.39″ W)
(Lat. 37°01′24.49″ N, long. 092°52′36.92″ W)
WP
VORTAC
(Lat. 37°33′35.84″ N, long. 090°43′00.70″ W)
(Lat. 37°40′24.46″ N, long. 090°14′02.61″ W)
WP
VORTAC
(Lat. 37°50′22.09″ N, long. 088°41′05.55″ W)
(Lat. 37°55′41.95″ N, long. 087°45′44.57″ W)
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
WP
VOR/DME
History
The FAA published a final rule in the
Federal Register for Docket No. FAA–
2019–0815 (85 FR 51329; August 20,
2020) removing Jet Route J–590,
amending VOR Federal airways V–11
and V–70, and establishing RNAV
routes T–362 and T–365. The air traffic
service (ATS) route actions were
accomplished due to the planned
decommissioning of the VOR portion of
the Greene County, MS, VORTAC. A
final rule, delay of effective date was
published in the Federal Register for
Docket No. FAA–2019–0815 (85 FR
64377; October 13, 2020) to delay the
effective date to coincide with the
anticipated completion of flight
inspection activities associated with
related VOR MON program instrument
procedure amendments that were
necessary to adopt the rule.
Unanticipated issues affecting the
completion of the related instrument
procedure amendments and the
associated flight inspection activities
required to adopt those amendments
have continued. As a result, the Greene
County, MS, VOR decommissioning has
been slipped to October 10, 2023.
FAA’s Conclusions
The FAA has reviewed the Greene
County, MS, VOR decommissioning
project and determined additional time
is required to complete the related
instrument procedure amendments and
associated flight inspection activities to
ensure an efficient implementation and
integration with other ongoing VOR
MON program activities. Therefore, the
final rule is being withdrawn.
The existing ATS routes (J–590, V–11,
and V–70) addressed in the final rule
remain unchanged and the new RNAV
T-routes (T–362 and T–365) are not
established.
The FAA will publish a new notice of
proposed rulemaking action at a later
date, using a new airspace docket
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number, to coincide with the slipped
Greene County, MS, VOR
decommissioning now planned for
October 5, 2023.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Withdrawal
Accordingly, pursuant to the authority
delegated to me, the final rule published
in the Federal Register on August 20,
2020 (85 FR 51329), FR Doc. 2020–
18253, is hereby withdrawn.
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854; 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
Issued in Washington, DC, on March 24,
2021.
George Gonzalez,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2021–06389 Filed 3–26–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 153 and 157
[Docket No. RM20–18–000]
Waiver of the Water Quality
Certification Requirements of Section
401(a)(1) of the Clean Water Act
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule.
AGENCY:
In this final rule, the Federal
Energy Regulatory Commission
(Commission) is amending its
regulations pursuant to section 401(a)(1)
of the Clean Water Act to establish a
categorial reasonable period of time for
a state or tribal certifying authority to
act on a water quality certification
request for proposed natural gas and
liquified natural gas projects. The
Commission is allowing certifying
authorities up to one year after receipt
of a request for water quality
SUMMARY:
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certification, filed in connection with a
requested Commission-issued section 7
certificate of public convenience and
necessity or section 3 authorization
under the Natural Gas Act, to grant or
deny the request.
The rule will become effective
June 28, 2021.
DATES:
FOR FURTHER INFORMATION CONTACT:
David Swearingen (Technical
Information), Office of Energy
Projects, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
6173, david.swearingen@ferc.gov
Karin Larson (Legal Information), Office
of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
16299
20426, (202) 502–8236, karin.larson@
ferc.gov
Rachael Warden (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426, (202) 502–8717,
rachael.warden@ferc.gov
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph Nos.
I. Background ................................................................................................................................................................................
II. Notice of Proposed Rulemaking ..............................................................................................................................................
III. Discussion ...............................................................................................................................................................................
A. Setting Case-by-Case Periods of Time for Certifying Authorities To Act .....................................................................
B. Flexibility for Certifying Authorities To Act ..................................................................................................................
C. Binding Effect on Other Agencies ...................................................................................................................................
D. Clarification of Notification in the Case of Waiver ........................................................................................................
IV. Regulatory Requirements .......................................................................................................................................................
A. Information Collection Statement ...................................................................................................................................
B. Environmental Analysis ...................................................................................................................................................
C. Regulatory Flexibility Act ................................................................................................................................................
D. Document Availability .....................................................................................................................................................
E. Effective Date and Congressional Notification ................................................................................................................
I. Background
1. Section 401 of the Clean Water Act
(CWA) 1 is a direct grant of authority to
states 2 to review for compliance with
appropriate federal, state, and tribal
water quality requirements any
discharge into a water of the United
States that may result from a proposed
activity that requires a federal license or
permit. Section 401(a)(1) of the CWA
requires that an applicant for a federal
license or permit to conduct activities
that may result in a discharge into the
navigable waters of the United States,
such as a Federal Energy Regulatory
Commission (Commission)
hydroelectric project license, or a
Natural Gas Act (NGA) certificate of
public convenience and necessity for a
natural gas pipeline, or an authorization
for an LNG terminal, must provide the
federal permitting agency a water
quality certification from the state in
which the discharge originates or
evidence of waiver thereof.3 Pursuant to
the CWA, if the state ‘‘fails or refuses to
act on a request for certification, within
a reasonable period of time (which shall
not exceed one year) after receipt of
such request,’’ then certification is
waived.4
2. The Commission’s practice has
been to deem the one-year waiver
period to commence when the certifying
1 33
U.S.C. 1341(a)(1).
tribes that have been approved for
‘‘treatment as a state’’ status may also have the
authority under section 401 to issue water quality
certifications.
3 33 U.S.C. 1341(a)(1).
4 Id.
2 Indian
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agency receives the request. In 1987, the
Commission promulgated subsections
4.34(b)(5)(iii) and 5.23(b)(2) 5 of its
regulations governing hydropower
licensing proceedings to provide that a
certifying agency is deemed to have
waived certification if it has not denied
or granted certification by one year after
the date it received a written
certification request.6 Accordingly,
subsections 4.34(b)(5)(iii) and
5.23(b)(2) 7 of the Commission’s
regulations establish for hydroelectric
projects a categorical ‘‘reasonable period
of time’’ of one year.
3. While no comparable regulation
exists for NGA infrastructure
proceedings, the Commission’s practice
is to also categorically apply a one-year
waiver period for water quality
certification applications filed in
connection to a proposed natural gas or
liquefied natural gas infrastructure
project application.8
5 18 CFR 4.34(b)(5)(iii) and 5.23(b)(2). Part 4 of
the Commission’s regulations governs applicants
using the traditional licensing process and part 5
governs applicants using the integrated license
application process.
6 Waiver of the Water Quality Certification
Requirements of Section 401(a)(1) of the Clean
Water Act, Order No. 464, FERC Stats. & Regs.
¶ 30,730 (1987) (cross-referenced at 38 FERC
¶ 61,146).
7 18 CFR 4.34(b)(5)(iii) and 5.23(b)(2).
8 Constitution Pipeline Co., LLC, 162 FERC
¶ 61,014, at P 16 (explaining that since 1987 the
Commission has consistently determined, both by
regulation and in our orders on proposed projects,
that the reasonable period of time for action under
section 401 is one year after the date the certifying
agency receives a request for certification), reh’g
denied, 164 FERC ¶ 61,029 (2018).
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1
4
5
8
10
12
14
16
16
17
18
20
23
II. Notice of Proposed Rulemaking
4. On September 9, 2020, the
Commission issued a Notice of
Proposed Rulemaking (NOPR)
proposing to codify the Commission’s
practice and establish a categorical
waiver period of one year for water
quality certification applications filed in
connection with a proposed natural gas
or liquefied natural gas infrastructure
project application.9 In response to the
NOPR, the Commission received five
comments. The Interstate Natural Gas
Association of America (INGAA),10 U.S.
Department of the Interior (Interior),
National Fuel Gas Supply Corporation
and Empire Pipeline, Inc. (collectively,
9 Waiver of the Water Quality Certification
Requirements of Section 401(a)(1) of the Clean
Water Act, 85 FR 66287, 172 FERC ¶ 61,213 (Oct.
19, 2020) (NOPR). As explained in the NOPR, part
of the impetus for establishing a categorical waiver
period was the executive order entitled Promoting
Energy Infrastructure and Economic Growth. Exec.
Order 13868 of Apr. 10, 2019, 84 FR 15495 (Apr.
15, 2019). Executive Order 13868 directed the
Environmental Protection Agency (EPA) to update
its regulations governing water quality certification
under CWA section 401 and mandated that section
401 implementing agencies, such as the
Commission, initiate a rulemaking to ensure their
respective agencies’ regulations are consistent with
the EPA’s final rule and with the policies set forth
in the executive order. 84 FR at 15496. Executive
Order 13868 was revoked on January 20, 2021, by
the executive order entitled Protecting Public
Health and the Environment and Restoring Science
to Tackle the Climate Crisis. Exec. Order 13990 of
Jan. 20, 2021, 86 FR 7037, 7041 (Jan. 25, 2021).
Because this final rule will simply codify the
Commission’s existing, long-standing practice,
described above, and is not premised on the EPA’s
final rule, this rule is not affected by E.O. 13868.
10 INGAA is a trade association representing 26
interstate natural gas transmission pipeline systems.
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National Fuel),11 the Natural Gas
Supply Association and the Center for
LNG (collectively, NGSA),12 and a group
of state Attorneys General (States) 13 and
California regulatory agencies
(California Water Boards) 14 filed
comments. The proposal set forth in the
NOPR, the comments received in
response to the NOPR, and the
Commission’s determinations are
discussed below.
III. Discussion
5. The NOPR explained that the
Commission believes that the benefits of
setting a categorical waiver period of
one year, as permitted by the CWA, best
serves the public interest by avoiding
uncertainty associated with open-ended
and varying certification deadlines.15
We noted that it would be
administratively inefficient and a
potential source of controversy to
establish reasonable time periods on a
case-by-case basis; that state certifying
agencies may vary in terms of their
procedures for reviewing requests for
water quality certification; that natural
gas projects before the Commission
include highly complex proposals that
may well take a state a significant time
to review; and that studies of the
discharge may at times be warranted.16
6. Given those factors, we found it
reasonable to provide the maximum
time permitted under the CWA, i.e., a
categorical one-year waiver period. The
Commission proposed to add this
categorical one-year waiver period to its
regulations governing applications for
authorizations under sections 3 and 7 of
the NGA for liquefied natural gas and
natural gas facilities in parts 153 and
157.
7. In response to the Commission’s
request for comments on the NOPR, the
States and California Water Boards,
11 National Fuel Gas Supply Corporation and
Empire Pipeline, Inc., are interstate pipeline
companies that own and operate Commissionregulated pipeline facilities in New York and
Pennsylvania.
12 The Natural Gas Supply Association is a trade
association focusing on the downstream natural gas
industry, and the Center for LNG is a committee of
the organization that advocates for public policies
that advance the use of LNG.
13 The Attorneys General of Maryland,
Connecticut, Illinois, Maine, Massachusetts,
Michigan, Minnesota, Nevada, New Jersey, New
Mexico, Oregon, Pennsylvania, Rhode Island,
Vermont, Virginia, and the District of Columbia are
represented in the comments.
14 The California State Water Resources Control
Board and the nine California Regional Water
Quality Control Boards are represented in the
comments.
15 NOPR, 172 FERC ¶ 61,213 at P 6 (citing Order
No. 464, FERC Stats. & Regs. ¶ 30,730; Constitution
Pipeline Co., LLC, 162 FERC ¶ 61,014 at PP 16–17,
20, reh’g denied, 164 FERC ¶ 61,029 at P 10).
16 Id.
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NGSA, and INGAA filed supportive
comments.17 The States and California
Water Boards agree that requests for
authorization under sections 3 and 7 of
the NGA tend to involve complex
projects and support allowing certifying
authorities the maximum time
permitted under the CWA to act.18
NGSA states that the Commission’s
proposed rule will provide regulatory
consistency and certainty and agrees
with the Commission’s interpretation
that the one-year period for review
begins upon the certifying authority’s
receipt of a request for section 401 water
quality certification.19 INGAA
comments that the proposed regulatory
revisions are consistent with the plain
reading of the CWA and agrees that it
would be inefficient to set the
reasonable period of time on a case-bycase basis.20
A. Setting Case-by-Case Periods of Time
for Certifying Authorities To Act
8. National Fuel contends that the
Commission need not adopt the oneyear period as its categorical reasonable
period of time, arguing that simple
projects or those that do not raise
significant concerns under the CWA
could merit a shorter reasonable period
of time.21 National Fuel suggests that an
applicant could assist the Commission
in identifying such suitable projects.22
9. As the Commission has explained
in orders on proposed projects, the
establishment of the categorical oneyear waiver period confers substantial
benefits to the applicant, the certifying
agency, and the Commission, including:
Avoiding the difficulty of having to
construe divergent state requirements,
including what is a triggering request for
certification, which provides certainty
to all parties; refraining from intruding
on states’ authority to create and apply
procedural regulations; and best serving
the public interest by avoiding the
uncertainty associated with varying and
open-ended certification deadlines.23
17 National Fuel also supports INGAA’s
comments and supports the Commission’s
codification of a certification period into its
regulations. National Fuel’s November 18, 2020
Comments at 1.
18 States and California Water Boards’ November
18, 2020 Comments at 2–3. The States and
California Water Boards also note their continuing
objections to the EPA’s revisions under 40 CFR part
121, id. at 3–4, which are outside the scope of this
NOPR and final rule.
19 NGSA’s November 18, 2020 Comments at 2–9.
20 INGAA’s November 18, 2020 Comments at 3–
4.
21 National Fuel’s November 18, 2020 Comments
at 2.
22 Id.
23 See Constitution Pipeline Co., LLC, 162 FERC
¶ 61,014 at PP 16–17, 20, reh’g denied, 164 FERC
¶ 61,029 at P 10.
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For those reasons, and because setting
varied limits would require additional
time and potentially result in
controversy, we believe that whatever
benefit may be conferred to a particular
applicant by considering an alternate
waiver period on a case-by-case basis is
outweighed by the benefits described
above in continuing to adhere to the
one-year waiver period. We therefore
decline to entertain the proposal to
consider case-by-case alternate waiver
periods.
B. Flexibility for Certifying Authorities
To Act
10. The States and California Water
Boards urge the Commission to provide
certifying authorities with as much
flexibility as possible in completing
their section 401 reviews.24
11. As explained above, under the
CWA, if the state ‘‘fails or refuses to act
on a request for certification, within a
reasonable period of time (which shall
not exceed one year) after receipt of
such request,’’ then certification is
waived.25 In categorically establishing a
one-year waiver period for water quality
certification applications, the
Commission is providing states with the
maximum time allowed under the
statute and therefore the broadest
amount of flexibility allowed under the
CWA.26
C. Binding Effect on Other Agencies
12. INGAA notes that other agencies
‘‘have previously determined that a
reasonable period of time should
generally be less than one year’’ and
notes that the Commission’s reasonable
period of time cannot bind other lead
federal permitting agencies.27
13. As relevant to this final rule, the
Commission is the lead federal agency
for authorizations under sections 3 and
7 of the NGA for liquefied natural gas
and natural gas facilities. We recognize
that other federal agencies may be lead
agency for any number of other types of
projects requiring a water quality
certification under the CWA, and we are
not attempting to bind any other agency
with this final rule.
24 States and California Water Boards’ November
18, 2020 Comments at 4.
25 33 U.S.C. 1341(a)(1).
26 See Placer Cnty. Water Agency, 169 FERC
¶ 61,046 (2019) (explaining that section 401’s plain
language establishes a ‘‘bright-line rule’’ that ‘‘the
timeline for a state’s action regarding a request for
certification ‘shall not exceed one year’ after
‘receipt of such request’ ’’ (quoting New York DEC
v. FERC, 884 F.3d 450, 455 (2d Cir. 2018)).
27 INGAA’s November 18, 2020 Comments at 4–
5.
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D. Clarification of Notification in the
Case of Waiver
therefore not required to submit this
rule to OMB for review.
14. Interior requests clarification on
what action the Commission would take
to notify or coordinate with federal
agencies if the categorical one-year
waiver period set by the Commission for
the certifying authority lapses.28
15. By statute, waiver is automatic.29
However, a state certifying agency
would be on notice that waiver occurred
when the applicant files a request for
authorization to proceed with
construction in which the applicant
must document that it has received all
applicable authorizations required
under federal law or evidence of waiver
thereof.30 Interested agencies may
receive filings in a project docket, such
as copies of water quality certification
applications or requests for
authorization to proceed with
construction, by registering and
subscribing to the project docket at
https://ferconline.ferc.gov/
eSubscription.aspx. In any case, federal
agencies should take whatever steps
they deem necessary to carry out their
statutory mandates, regardless of state
action or inaction under the CWA.
B. Environmental Analysis
17. 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.33 The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment, including the
promulgation of rules that are clarifying,
corrective, or procedural, or that do not
substantially change the effect of
legislation or the regulations being
amended.34 This final rule proposes to
categorically establish a reasonable
period of time for a certifying agency to
act on a water quality certification
request for natural gas and liquified
natural gas projects with an application
pending with the Commission. Because
this final rule is procedural in nature,
preparation of an Environmental
Assessment or an Environmental Impact
Statement is not required.
IV. Regulatory Requirements
A. Information Collection Statement
16. The Paperwork Reduction Act 31
requires each federal agency to seek and
obtain the Office of Management and
Budget’s (OMB) approval before
undertaking a collection of information
(i.e., reporting, recordkeeping, or public
disclosure requirements) directed to ten
or more persons or contained in a rule
of general applicability. OMB
regulations require approval of certain
information collection requirements
contained in final rules published in the
Federal Register.32 This final rule does
not contain any information collection
requirements. The Commission is
28 Interior’s November 17, 2020 Comments at 1
(explaining that Interior is concerned it will not
have adequate information about baseline water
quality conditions and that certain statutes require
its Bureau of Land Management to prevent
degradation to waters it manages, regardless of
whether a certifying authority has waived under
section 401).
29 33 U.S.C. 1341(a)(1). If the certifying authority
‘‘fails or refuses to act on a request for certification,
within a reasonable period of time (which shall not
exceed one year) after receipt of such request,’’ then
certification is waived.
30 In addition, pursuant to the EPA’s regulations,
40 CFR 121.9(c), if waiver occurs, the Commission’s
Office of Energy Projects will issue a notice of
waiver in the FERC docket for the applicable
project.
31 44 U.S.C. 3501–3521.
32 See 5 CFR 1320.12.
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C. Regulatory Flexibility Act
18. The Regulatory Flexibility Act of
1980 (RFA) 35 generally requires a
description and analysis of final 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 final rule and minimize any
significant economic impact on a
substantial number of small entities.36
In lieu of preparing a regulatory
flexibility analysis, an agency may
certify that a final rule will not have a
significant economic impact on a
substantial number of small entities.37
The Small Business Administration’s
(SBA) Office of Size Standards develops
the numerical definition of a small
business.38 The SBA has established a
size standard for pipelines transporting
natural gas, stating that a firm is small
if its annual receipts (including its
affiliates) are less than $30 million.39
19. This final rule would apply to
entities, a small number of which may
be small businesses, with an application
for a project pending with the
33 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987) (crossreferenced at 41 FERC ¶ 61,284).
34 18 CFR 380.4(a)(2)(ii).
35 5 U.S.C. 601–612.
36 Id. 603(c).
37 Id. 605(b).
38 13 CFR 121.101.
39 13 CFR 121.201, subsection 486.
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16301
Commission under section 3 or 7 of the
NGA that require a water quality
certification under section 401(a)(1) of
the CWA. However, the final rule would
have no effect on these entities,
regardless of their status as a small
entity or not, as the rule imposes no
action or requirement on those entities.
Accordingly, pursuant to section 605(b)
of the RFA, the Commission certifies
that this final rule will not have a
significant economic impact on a
substantial number of small entities.
D. Document Availability
20. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov). At this time, the
Commission has suspended access to
the Commission’s Public Reference
Room due to the March 13, 2020
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19).
21. 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.
22. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
E. Effective Date and Congressional
Notification
23. These regulations are effective
June 28, 2021. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a major rule
as defined in section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996.40 This rule is
being submitted to the Senate, House,
Government Accountability Office, and
Small Business Administration.
40 5
U.S.C. 804(2).
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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
List of Subjects
18 CFR Part 153
Exports, Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 157
Administrative practice and
procedure, Natural gas, Reporting and
recordkeeping requirements.
By the Commission.
Issued: Issued March 18, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission amends parts 153 and 157,
chapter I, title 18, Code of Federal
Regulations, as follows:
PART 153—APPLICATIONS FOR
AUTHORIZATION TO CONSTRUCT,
OPERATE, OR MODIFY FACILITIES
USED FOR THE EXPORT OR IMPORT
OF NATURAL GAS
1. The authority citation for part 153
continues to read as follows:
Authority: 15 U.S.C. 717b, 717o; E.O.
10485; 3 CFR, 1949–1953 Comp., p. 970, as
amended by E.O. 12038, 3 CFR, 1978 Comp.,
p. 136, DOE Delegation Order No. 0204–112,
49 FR 6684 (February 22, 1984).
2. Revise § 153.4 to read as follows:
§ 153.4
3. The authority citation for part 157
is revised to read as follows:
■
Authority: 15 U.S.C. 717–717w, 3301–
3432; 33 U.S.C. 1341(a)(1); 42 U.S.C. 7101–
7352.
4. Revise § 157.22 to read as follows:
§ 157.22 Schedule for final decisions on a
request for a Federal authorization.
(a) For an application under section 3
or 7 of the Natural Gas Act that requires
a Federal authorization—i.e., a permit,
special use authorization, certification,
opinion, or other approval—from a
Federal agency or officer, or State
agency or officer acting pursuant to
delegated Federal authority, a final
decision on a request for a Federal
authorization is due no later than 90
16:24 Mar 26, 2021
Jkt 253001
Coast Guard
[Docket No. USCG–2021–0119]
PART 157—APPLICATIONS FOR
CERTIFICATES OF PUBLIC
CONVENIENCE AND NECESSITY AND
FOR ORDERS PERMITTING AND
APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS
ACT
VerDate Sep<11>2014
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 100
General requirements.
The procedures in §§ 157.5, 157.6,
157.8, 157.9, 157.10, 157.11, 157.12,
157.22, and 157.23 of this chapter are
applicable to the applications described
in this subpart.
■
[FR Doc. 2021–06102 Filed 3–26–21; 8:45 am]
BILLING CODE 6717–01–P
■
■
days after the Commission issues its
final environmental document, unless a
schedule is otherwise established by
Federal law.
(b) For requests for a water quality
certification submitted pursuant to
section 401(a)(1) of the Federal Water
Pollution Control Act (Clean Water Act)
in connection with a project for which
authorization is sought from the
Commission under section 3 or 7 of the
Natural Gas Act, the reasonable period
of time during which the certifying
agency may act on the water quality
certification request is one year from the
certifying agency’s receipt of the
request. A certifying agency is deemed
to have waived the certification
requirements of section 401(a)(1) of the
Clean Water Act if the certifying agency
has not denied or granted certification
by one year after the date the certifying
agency received a written request for
certification.
Special Local Regulation; Dutch Shoe
Marathon, San Diego, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Dutch Shoe Marathon special local
regulation on the waters of San Diego
Bay, California on July 23, 2021. These
special local regulations are necessary to
provide for the safety of the
participants, crew, spectators, sponsor
vessels, and general users of the
waterway. During the enforcement
period, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative.
DATES: The regulations in 33 CFR
100.1101 will be enforced for the Dutch
Shoe Marathon regulated area listed in
item 4 in Table 1 to § 100.1101 from
11:30 a.m. to 4 p.m. on July 23, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
John Santorum, Waterways
Management, U.S. Coast Guard Sector
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
San Diego, CA; telephone (619) 278–
7656, email MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1101 Table 1,
Item 4 of that section for the Dutch Shoe
Marathon in San Diego Bay, CA from
11:30 a.m. to 4 p.m. on July 23, 2021.
This action is being taken to provide for
the safety of life on navigable waterways
during this event. Our regulation for
marine events within the Eleventh Coast
Guard District, § 100.1101, specifies the
location of the regulated area for the
Dutch Shoe Marathon which
encompasses the waters of San Diego
Bay, CA, from Shelter Island to Glorietta
Bay. Under the provisions of § 100.1101,
persons and vessels are prohibited from
anchoring, blocking, loitering, or
impeding within this regulated area
unless authorized by the Captain of the
Port, or his designated representative.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
this enforcement period via the Local
Notice to Mariners, Safety Marine
Information Broadcast, and local
advertising by the event sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this document, he or she may
use a marine information broadcast or
other communications coordinated with
the event sponsor to grant general
permission to enter the regulated area.
Dated: March 19, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2021–06146 Filed 3–26–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0159]
Safety Zone; Coast Guard Exercise
Area, Hood Canal, Washington
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
safety zones surrounding vessels
SUMMARY:
E:\FR\FM\29MRR1.SGM
29MRR1
]]>Agencies
[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Rules and Regulations]
[Pages 16298-16302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06102]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 153 and 157
[Docket No. RM20-18-000]
Waiver of the Water Quality Certification Requirements of Section
401(a)(1) of the Clean Water Act
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Final rule.
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SUMMARY: In this final rule, the Federal Energy Regulatory Commission
(Commission) is amending its regulations pursuant to section 401(a)(1)
of the Clean Water Act to establish a categorial reasonable period of
time for a state or tribal certifying authority to act on a water
quality certification request for proposed natural gas and liquified
natural gas projects. The Commission is allowing certifying authorities
up to one year after receipt of a request for water quality
[[Page 16299]]
certification, filed in connection with a requested Commission-issued
section 7 certificate of public convenience and necessity or section 3
authorization under the Natural Gas Act, to grant or deny the request.
DATES: The rule will become effective June 28, 2021.
FOR FURTHER INFORMATION CONTACT:
David Swearingen (Technical Information), Office of Energy Projects,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, (202) 502-6173, [email protected]
Karin Larson (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, (202) 502-8236, [email protected]
Rachael Warden (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, (202) 502-8717, [email protected]
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph Nos.
I. Background........................................ 1
II. Notice of Proposed Rulemaking.................... 4
III. Discussion...................................... 5
A. Setting Case-by-Case Periods of Time for 8
Certifying Authorities To Act...................
B. Flexibility for Certifying Authorities To Act. 10
C. Binding Effect on Other Agencies.............. 12
D. Clarification of Notification in the Case of 14
Waiver..........................................
IV. Regulatory Requirements.......................... 16
A. Information Collection Statement.............. 16
B. Environmental Analysis........................ 17
C. Regulatory Flexibility Act.................... 18
D. Document Availability......................... 20
E. Effective Date and Congressional Notification. 23
I. Background
1. Section 401 of the Clean Water Act (CWA) \1\ is a direct grant
of authority to states \2\ to review for compliance with appropriate
federal, state, and tribal water quality requirements any discharge
into a water of the United States that may result from a proposed
activity that requires a federal license or permit. Section 401(a)(1)
of the CWA requires that an applicant for a federal license or permit
to conduct activities that may result in a discharge into the navigable
waters of the United States, such as a Federal Energy Regulatory
Commission (Commission) hydroelectric project license, or a Natural Gas
Act (NGA) certificate of public convenience and necessity for a natural
gas pipeline, or an authorization for an LNG terminal, must provide the
federal permitting agency a water quality certification from the state
in which the discharge originates or evidence of waiver thereof.\3\
Pursuant to the CWA, if the state ``fails or refuses to act on a
request for certification, within a reasonable period of time (which
shall not exceed one year) after receipt of such request,'' then
certification is waived.\4\
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\1\ 33 U.S.C. 1341(a)(1).
\2\ Indian tribes that have been approved for ``treatment as a
state'' status may also have the authority under section 401 to
issue water quality certifications.
\3\ 33 U.S.C. 1341(a)(1).
\4\ Id.
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2. The Commission's practice has been to deem the one-year waiver
period to commence when the certifying agency receives the request. In
1987, the Commission promulgated subsections 4.34(b)(5)(iii) and
5.23(b)(2) \5\ of its regulations governing hydropower licensing
proceedings to provide that a certifying agency is deemed to have
waived certification if it has not denied or granted certification by
one year after the date it received a written certification request.\6\
Accordingly, subsections 4.34(b)(5)(iii) and 5.23(b)(2) \7\ of the
Commission's regulations establish for hydroelectric projects a
categorical ``reasonable period of time'' of one year.
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\5\ 18 CFR 4.34(b)(5)(iii) and 5.23(b)(2). Part 4 of the
Commission's regulations governs applicants using the traditional
licensing process and part 5 governs applicants using the integrated
license application process.
\6\ Waiver of the Water Quality Certification Requirements of
Section 401(a)(1) of the Clean Water Act, Order No. 464, FERC Stats.
& Regs. ] 30,730 (1987) (cross-referenced at 38 FERC ] 61,146).
\7\ 18 CFR 4.34(b)(5)(iii) and 5.23(b)(2).
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3. While no comparable regulation exists for NGA infrastructure
proceedings, the Commission's practice is to also categorically apply a
one-year waiver period for water quality certification applications
filed in connection to a proposed natural gas or liquefied natural gas
infrastructure project application.\8\
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\8\ Constitution Pipeline Co., LLC, 162 FERC ] 61,014, at P 16
(explaining that since 1987 the Commission has consistently
determined, both by regulation and in our orders on proposed
projects, that the reasonable period of time for action under
section 401 is one year after the date the certifying agency
receives a request for certification), reh'g denied, 164 FERC ]
61,029 (2018).
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II. Notice of Proposed Rulemaking
4. On September 9, 2020, the Commission issued a Notice of Proposed
Rulemaking (NOPR) proposing to codify the Commission's practice and
establish a categorical waiver period of one year for water quality
certification applications filed in connection with a proposed natural
gas or liquefied natural gas infrastructure project application.\9\ In
response to the NOPR, the Commission received five comments. The
Interstate Natural Gas Association of America (INGAA),\10\ U.S.
Department of the Interior (Interior), National Fuel Gas Supply
Corporation and Empire Pipeline, Inc. (collectively,
[[Page 16300]]
National Fuel),\11\ the Natural Gas Supply Association and the Center
for LNG (collectively, NGSA),\12\ and a group of state Attorneys
General (States) \13\ and California regulatory agencies (California
Water Boards) \14\ filed comments. The proposal set forth in the NOPR,
the comments received in response to the NOPR, and the Commission's
determinations are discussed below.
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\9\ Waiver of the Water Quality Certification Requirements of
Section 401(a)(1) of the Clean Water Act, 85 FR 66287, 172 FERC ]
61,213 (Oct. 19, 2020) (NOPR). As explained in the NOPR, part of the
impetus for establishing a categorical waiver period was the
executive order entitled Promoting Energy Infrastructure and
Economic Growth. Exec. Order 13868 of Apr. 10, 2019, 84 FR 15495
(Apr. 15, 2019). Executive Order 13868 directed the Environmental
Protection Agency (EPA) to update its regulations governing water
quality certification under CWA section 401 and mandated that
section 401 implementing agencies, such as the Commission, initiate
a rulemaking to ensure their respective agencies' regulations are
consistent with the EPA's final rule and with the policies set forth
in the executive order. 84 FR at 15496. Executive Order 13868 was
revoked on January 20, 2021, by the executive order entitled
Protecting Public Health and the Environment and Restoring Science
to Tackle the Climate Crisis. Exec. Order 13990 of Jan. 20, 2021, 86
FR 7037, 7041 (Jan. 25, 2021). Because this final rule will simply
codify the Commission's existing, long-standing practice, described
above, and is not premised on the EPA's final rule, this rule is not
affected by E.O. 13868.
\10\ INGAA is a trade association representing 26 interstate
natural gas transmission pipeline systems.
\11\ National Fuel Gas Supply Corporation and Empire Pipeline,
Inc., are interstate pipeline companies that own and operate
Commission-regulated pipeline facilities in New York and
Pennsylvania.
\12\ The Natural Gas Supply Association is a trade association
focusing on the downstream natural gas industry, and the Center for
LNG is a committee of the organization that advocates for public
policies that advance the use of LNG.
\13\ The Attorneys General of Maryland, Connecticut, Illinois,
Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New
Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and
the District of Columbia are represented in the comments.
\14\ The California State Water Resources Control Board and the
nine California Regional Water Quality Control Boards are
represented in the comments.
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III. Discussion
5. The NOPR explained that the Commission believes that the
benefits of setting a categorical waiver period of one year, as
permitted by the CWA, best serves the public interest by avoiding
uncertainty associated with open-ended and varying certification
deadlines.\15\ We noted that it would be administratively inefficient
and a potential source of controversy to establish reasonable time
periods on a case-by-case basis; that state certifying agencies may
vary in terms of their procedures for reviewing requests for water
quality certification; that natural gas projects before the Commission
include highly complex proposals that may well take a state a
significant time to review; and that studies of the discharge may at
times be warranted.\16\
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\15\ NOPR, 172 FERC ] 61,213 at P 6 (citing Order No. 464, FERC
Stats. & Regs. ] 30,730; Constitution Pipeline Co., LLC, 162 FERC ]
61,014 at PP 16-17, 20, reh'g denied, 164 FERC ] 61,029 at P 10).
\16\ Id.
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6. Given those factors, we found it reasonable to provide the
maximum time permitted under the CWA, i.e., a categorical one-year
waiver period. The Commission proposed to add this categorical one-year
waiver period to its regulations governing applications for
authorizations under sections 3 and 7 of the NGA for liquefied natural
gas and natural gas facilities in parts 153 and 157.
7. In response to the Commission's request for comments on the
NOPR, the States and California Water Boards, NGSA, and INGAA filed
supportive comments.\17\ The States and California Water Boards agree
that requests for authorization under sections 3 and 7 of the NGA tend
to involve complex projects and support allowing certifying authorities
the maximum time permitted under the CWA to act.\18\ NGSA states that
the Commission's proposed rule will provide regulatory consistency and
certainty and agrees with the Commission's interpretation that the one-
year period for review begins upon the certifying authority's receipt
of a request for section 401 water quality certification.\19\ INGAA
comments that the proposed regulatory revisions are consistent with the
plain reading of the CWA and agrees that it would be inefficient to set
the reasonable period of time on a case-by-case basis.\20\
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\17\ National Fuel also supports INGAA's comments and supports
the Commission's codification of a certification period into its
regulations. National Fuel's November 18, 2020 Comments at 1.
\18\ States and California Water Boards' November 18, 2020
Comments at 2-3. The States and California Water Boards also note
their continuing objections to the EPA's revisions under 40 CFR part
121, id. at 3-4, which are outside the scope of this NOPR and final
rule.
\19\ NGSA's November 18, 2020 Comments at 2-9.
\20\ INGAA's November 18, 2020 Comments at 3-4.
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A. Setting Case-by-Case Periods of Time for Certifying Authorities To
Act
8. National Fuel contends that the Commission need not adopt the
one-year period as its categorical reasonable period of time, arguing
that simple projects or those that do not raise significant concerns
under the CWA could merit a shorter reasonable period of time.\21\
National Fuel suggests that an applicant could assist the Commission in
identifying such suitable projects.\22\
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\21\ National Fuel's November 18, 2020 Comments at 2.
\22\ Id.
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9. As the Commission has explained in orders on proposed projects,
the establishment of the categorical one-year waiver period confers
substantial benefits to the applicant, the certifying agency, and the
Commission, including: Avoiding the difficulty of having to construe
divergent state requirements, including what is a triggering request
for certification, which provides certainty to all parties; refraining
from intruding on states' authority to create and apply procedural
regulations; and best serving the public interest by avoiding the
uncertainty associated with varying and open-ended certification
deadlines.\23\ For those reasons, and because setting varied limits
would require additional time and potentially result in controversy, we
believe that whatever benefit may be conferred to a particular
applicant by considering an alternate waiver period on a case-by-case
basis is outweighed by the benefits described above in continuing to
adhere to the one-year waiver period. We therefore decline to entertain
the proposal to consider case-by-case alternate waiver periods.
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\23\ See Constitution Pipeline Co., LLC, 162 FERC ] 61,014 at PP
16-17, 20, reh'g denied, 164 FERC ] 61,029 at P 10.
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B. Flexibility for Certifying Authorities To Act
10. The States and California Water Boards urge the Commission to
provide certifying authorities with as much flexibility as possible in
completing their section 401 reviews.\24\
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\24\ States and California Water Boards' November 18, 2020
Comments at 4.
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11. As explained above, under the CWA, if the state ``fails or
refuses to act on a request for certification, within a reasonable
period of time (which shall not exceed one year) after receipt of such
request,'' then certification is waived.\25\ In categorically
establishing a one-year waiver period for water quality certification
applications, the Commission is providing states with the maximum time
allowed under the statute and therefore the broadest amount of
flexibility allowed under the CWA.\26\
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\25\ 33 U.S.C. 1341(a)(1).
\26\ See Placer Cnty. Water Agency, 169 FERC ] 61,046 (2019)
(explaining that section 401's plain language establishes a
``bright-line rule'' that ``the timeline for a state's action
regarding a request for certification `shall not exceed one year'
after `receipt of such request' '' (quoting New York DEC v. FERC,
884 F.3d 450, 455 (2d Cir. 2018)).
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C. Binding Effect on Other Agencies
12. INGAA notes that other agencies ``have previously determined
that a reasonable period of time should generally be less than one
year'' and notes that the Commission's reasonable period of time cannot
bind other lead federal permitting agencies.\27\
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\27\ INGAA's November 18, 2020 Comments at 4-5.
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13. As relevant to this final rule, the Commission is the lead
federal agency for authorizations under sections 3 and 7 of the NGA for
liquefied natural gas and natural gas facilities. We recognize that
other federal agencies may be lead agency for any number of other types
of projects requiring a water quality certification under the CWA, and
we are not attempting to bind any other agency with this final rule.
[[Page 16301]]
D. Clarification of Notification in the Case of Waiver
14. Interior requests clarification on what action the Commission
would take to notify or coordinate with federal agencies if the
categorical one-year waiver period set by the Commission for the
certifying authority lapses.\28\
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\28\ Interior's November 17, 2020 Comments at 1 (explaining that
Interior is concerned it will not have adequate information about
baseline water quality conditions and that certain statutes require
its Bureau of Land Management to prevent degradation to waters it
manages, regardless of whether a certifying authority has waived
under section 401).
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15. By statute, waiver is automatic.\29\ However, a state
certifying agency would be on notice that waiver occurred when the
applicant files a request for authorization to proceed with
construction in which the applicant must document that it has received
all applicable authorizations required under federal law or evidence of
waiver thereof.\30\ Interested agencies may receive filings in a
project docket, such as copies of water quality certification
applications or requests for authorization to proceed with
construction, by registering and subscribing to the project docket at
https://ferconline.ferc.gov/eSubscription.aspx. In any case, federal
agencies should take whatever steps they deem necessary to carry out
their statutory mandates, regardless of state action or inaction under
the CWA.
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\29\ 33 U.S.C. 1341(a)(1). If the certifying authority ``fails
or refuses to act on a request for certification, within a
reasonable period of time (which shall not exceed one year) after
receipt of such request,'' then certification is waived.
\30\ In addition, pursuant to the EPA's regulations, 40 CFR
121.9(c), if waiver occurs, the Commission's Office of Energy
Projects will issue a notice of waiver in the FERC docket for the
applicable project.
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IV. Regulatory Requirements
A. Information Collection Statement
16. The Paperwork Reduction Act \31\ requires each federal agency
to seek and obtain the Office of Management and Budget's (OMB) approval
before undertaking a collection of information (i.e., reporting,
recordkeeping, or public disclosure requirements) directed to ten or
more persons or contained in a rule of general applicability. OMB
regulations require approval of certain information collection
requirements contained in final rules published in the Federal
Register.\32\ This final rule does not contain any information
collection requirements. The Commission is therefore not required to
submit this rule to OMB for review.
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\31\ 44 U.S.C. 3501-3521.
\32\ See 5 CFR 1320.12.
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B. Environmental Analysis
17. 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.\33\ The Commission
has categorically excluded certain actions from this requirement as not
having a significant effect on the human environment, including the
promulgation of rules that are clarifying, corrective, or procedural,
or that do not substantially change the effect of legislation or the
regulations being amended.\34\ This final rule proposes to
categorically establish a reasonable period of time for a certifying
agency to act on a water quality certification request for natural gas
and liquified natural gas projects with an application pending with the
Commission. Because this final rule is procedural in nature,
preparation of an Environmental Assessment or an Environmental Impact
Statement is not required.
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\33\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987)
(cross-referenced at 41 FERC ] 61,284).
\34\ 18 CFR 380.4(a)(2)(ii).
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C. Regulatory Flexibility Act
18. The Regulatory Flexibility Act of 1980 (RFA) \35\ generally
requires a description and analysis of final 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 final rule and minimize any
significant economic impact on a substantial number of small
entities.\36\ In lieu of preparing a regulatory flexibility analysis,
an agency may certify that a final rule will not have a significant
economic impact on a substantial number of small entities.\37\ The
Small Business Administration's (SBA) Office of Size Standards develops
the numerical definition of a small business.\38\ The SBA has
established a size standard for pipelines transporting natural gas,
stating that a firm is small if its annual receipts (including its
affiliates) are less than $30 million.\39\
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\35\ 5 U.S.C. 601-612.
\36\ Id. 603(c).
\37\ Id. 605(b).
\38\ 13 CFR 121.101.
\39\ 13 CFR 121.201, subsection 486.
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19. This final rule would apply to entities, a small number of
which may be small businesses, with an application for a project
pending with the Commission under section 3 or 7 of the NGA that
require a water quality certification under section 401(a)(1) of the
CWA. However, the final rule would have no effect on these entities,
regardless of their status as a small entity or not, as the rule
imposes no action or requirement on those entities. Accordingly,
pursuant to section 605(b) of the RFA, the Commission certifies that
this final rule will not have a significant economic impact on a
substantial number of small entities.
D. Document Availability
20. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (https://www.ferc.gov). At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the March 13, 2020 proclamation declaring
a National Emergency concerning the Novel Coronavirus Disease (COVID-
19).
21. 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.
22. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at
[email protected].
E. Effective Date and Congressional Notification
23. These regulations are effective June 28, 2021. The Commission
has determined, with the concurrence of the Administrator of the Office
of Information and Regulatory Affairs of OMB, that this rule is not a
major rule as defined in section 251 of the Small Business Regulatory
Enforcement Fairness Act of 1996.\40\ This rule is being submitted to
the Senate, House, Government Accountability Office, and Small Business
Administration.
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\40\ 5 U.S.C. 804(2).
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[[Page 16302]]
List of Subjects
18 CFR Part 153
Exports, Natural gas, Reporting and recordkeeping requirements.
18 CFR Part 157
Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.
By the Commission.
Issued: Issued March 18, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission amends parts 153
and 157, 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 continues to read as follows:
Authority: 15 U.S.C. 717b, 717o; E.O. 10485; 3 CFR, 1949-1953
Comp., p. 970, as amended by E.O. 12038, 3 CFR, 1978 Comp., p. 136,
DOE Delegation Order No. 0204-112, 49 FR 6684 (February 22, 1984).
0
2. Revise Sec. 153.4 to read as follows:
Sec. 153.4 General requirements.
The procedures in Sec. Sec. 157.5, 157.6, 157.8, 157.9, 157.10,
157.11, 157.12, 157.22, and 157.23 of this chapter are applicable to
the applications described in this subpart.
PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT
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3. The authority citation for part 157 is revised to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 33 U.S.C. 1341(a)(1);
42 U.S.C. 7101-7352.
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4. Revise Sec. 157.22 to read as follows:
Sec. 157.22 Schedule for final decisions on a request for a Federal
authorization.
(a) For an application under section 3 or 7 of the Natural Gas Act
that requires a Federal authorization--i.e., a permit, special use
authorization, certification, opinion, or other approval--from a
Federal agency or officer, or State agency or officer acting pursuant
to delegated Federal authority, a final decision on a request for a
Federal authorization is due no later than 90 days after the Commission
issues its final environmental document, unless a schedule is otherwise
established by Federal law.
(b) For requests for a water quality certification submitted
pursuant to section 401(a)(1) of the Federal Water Pollution Control
Act (Clean Water Act) in connection with a project for which
authorization is sought from the Commission under section 3 or 7 of the
Natural Gas Act, the reasonable period of time during which the
certifying agency may act on the water quality certification request is
one year from the certifying agency's receipt of the request. A
certifying agency is deemed to have waived the certification
requirements of section 401(a)(1) of the Clean Water Act if the
certifying agency has not denied or granted certification by one year
after the date the certifying agency received a written request for
certification.
[FR Doc. 2021-06102 Filed 3-26-21; 8:45 am]
BILLING CODE 6717-01-P
