FERC-539, Gas Pipeline Certificates: Import/Export Related

OMB Control No: 1902-0062	ICR Reference No: 201003-1902-005
Status: Historical Active	Previous ICR Reference No: 200701-1902-006
Agency/Subagency: FERC	Agency Tracking No: FERC-539
Title: FERC-539, Gas Pipeline Certificates: Import/Export Related
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/19/2010
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/31/2010
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for 3 years. Upon resubmission, it is suggested the agency continue to revisit burden estimates based on actual program experience.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2013	36 Months From Approved	05/31/2010
Responses	152	0	304
Time Burden (Hours)	1,826	0	3,652
Cost Burden (Dollars)	121,037	0	0

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Abstract: Section 3 of the Natural Gas Act (NGA) (Public Law 75-688) (15 U.S.C. 717-717w) provides, in part, that “ no person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured and order from the Commission authorizing it to do so.” Under section 3 of the NGA, the Commission reviews the siting, construction, and operation of facilities to import and export natural gas, including LNG terminals . The 1992 amendments to Section 3 of the NGA concern importation or exportation from/to a nation which has a free trade agreement with the United States, and requires that such importation or exportation: ▪ Shall be deemed to be a “first sale”, i.e., not a sale for a resale, and ▪ Shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. With the ratification of the North American Free Trade Agreement and the Canadian Free Trade Agreement, the Federal regulatory focus on construction, operation, and siting of import or export facilities has become much greater. FERC-539 addresses the pre-filing part of the application process.

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Authorizing Statute(s): US Code: 15 USC 717-717w Name of Law: Natural Gas Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 2124	01/14/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 15424	03/29/2010
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name FERC-539, Gas Pipeline Certificates: Import/Export Related

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	152	304	0	0	-152	0
Annual Time Burden (Hours)	1,826	3,652	0	0	-1,826	0
Annual Cost Burden (Dollars)	121,037	0	0	0	121,037	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an adjustment decrease to 6 respondents (from 12) based on actual filings. Correspondingly, the total burden decreases by -1,826. In addition, the total estimated annual cost to industry is being included in ROCIS.

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Annual Cost to Federal Government: $1,931,764

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Chrystal Brown 2025026043 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 03/31/2010

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