CG Publishes Houston LHG Assessment Notice

Today the Coast Guard published a notice in the Federal Register (79 FR 32565-32566) that is has received a letter of intent (LOI) to add Liquefied Hazardous Gas (LHG) operations in Freeport, Texas. The CG is requesting public comments on this proposal as it conducts its assessment of the suitability of the waterway for LHG marine traffic under 33 CFR 127.009.

Parties interested in providing comments on this proposal may submit written comments via the Federal eRulemaking Portal (www.Regulations.gov; Docket # USCG-2014-0040). Comments must be submitted by July 7^th, 2014 to be considered.

OMB Approves CG Change to LNG-LHG ICR

Yesterday the Office of Management and Budget (OMB) approved a Coast Guard request to extend and revise the information collection request (ICR) for safety and security programs covered under 33 CFR 127  the Waterfront Facilities Handling Liquefied Natural Gas and Liquefied Hazardous Gas. This is fairly routine update supporting a program that has been in place since 1986.

The table below shows the routine changes that have been made in the reporting burden estimates for this program since it came under the control of the Department of Homeland Security.

Approval Date	Responses	Time Burden	Time per Response
3-01-03	463	3272	7.1
4-26-04	524	3540	6.8
6-27-07	3059	2838	0.9
8-20-10	4997	9504	1.9
10-18-13	6258	6425	1.0

The average time per response column is a little misleading since there are a wide variety of responses covered under this program; the most complex (and time consuming) of which is the Waterway Suitability Assessment (33 CFR §127.007). The Coast Guard explained that the sharp reduction in the estimated annual time burden for this ICR, even while the number of estimated annual responses increased by 25%, is due to the decrease in new WSA’s from 7 to 1 per year. The increase in annual responses is due to the increase in recently approved facilities.

CG Publishes LNG-LHG LOR Final Rule

Today the Coast Guard published in the Federal Register (77 FR 70886-70891) a final rule outlining a separate process for reconsideration of  letters of recommendation (LORs) by the Coast Guard concerning the siting of liquefied natural gas (LNG) or liquefied hazardous gas (LHG). The LORs are provided to Federal, State, or local government agencies having jurisdiction for siting, construction, and operation of the facility by the Captain of the Port (COTP) providing the Coast Guard’s assessment of the suitability of the waterway for LNG or LHG marine traffic.

I described the reason for the rule and the process proposed when the NPRM was issued back in December of last year. There were only two comments received concerning the NPRM and both disagreed with the basis of Coast Guard’s proposal of this rule. Those comments from two State agencies in Rhode Island can be found on the Federal eRulemaking Portal (www.Regulations.gov; Docket # USCG-2011-0227). In response the preamble provides additional discussion about why the Coast Guard does not consider the LOR to be either a ‘final agency action’ or a ‘major federal action’.

There was a minor change made to the final rule specifically adding “Indian tribal government” as one of the agencies that has a specific authority to request a reconsideration of a published LOR.

The final rule will be effective on December 28^th, 2012 and will only apply to LOR’s issued after that date.