CG Final Rule for LNG-LNH Facilities

Today the Coast Guard published their final rule for the revision of the requirements for waterfront facilities handling liquefied natural gas (LNG) and liquefied hazardous gas (LHG). This rule modifies 33 CFR Part 127 to harmonize the Coast Guard’s regulations for LNG with those established by the Federal Energy Regulatory Commission (FERC) and applies those regulations to LHG facilities as well. With minor changes to clarify requirements, this final rule adopts the proposed rule found in the NPRM published on April 28th, 2009 (74 FR 19159). I discussed the details of that NPRM in an earlier blog. While one would be hard pressed to describe this rule as setting forth security requirements for these facilities, it does describe the requirements for a risk assessment (safety and security) as well as a definition of the assessment required for maritime security and response resource requirements. Since the new rules would require submission of a slightly different set of data requirements by facilities, the Coast Guard is in the process of revising the current information collection request (ICR; 1625-0049). The 60-day request for comments on that revision was submitted at the same time as the NPRM. The rule states that the revision request has already been submitted, but the OMB web site (as of 5-25-10) does not show that a revision request has been submitted. The effective date for this rule will be June 25, 2010. The Coast Guard will not be able to require the actual submission of information under this regulation until the OMB has approved the revision to the ICR. The Coast Guard will provide notification through the Federal Register once that approval is received.