[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21626-21628]
[FR Doc No: 2014-08787]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0926]
RIN 1625-AA09

Drawbridge Operation Regulation; New Jersey Intracoastal Waterway
(NJICW), Barnegat Bay, Seaside Heights, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the S37 Bridge, at NJICW mile 14.1 over Barnegat
Bay, at Seaside Heights, NJ. Over the span of two and half years, the
bridge will be closed to navigation for three four-month closure
periods. Extensive replacement of parts and repairs to the bridge
necessitate these closures.

DATES: This temporary final rule is effective from 8 a.m., on December
1, 2015 to 8 p.m., March 31, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0926. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Mr. Jim Rousseau,

Bridge Management Specialist, Coast Guard, telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on reviewing
the docket, call Cheryl Collins, Program Manager, Docket Operations,
(202)366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On December 17, 2013, we published a NPRM titled, ``Drawbridge
Operation Regulation; New Jersey Intracoastal Waterway, Barnegat Bay,
Seaside Heights, NJ'' in the Federal Register (78 FR 76255). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.

B. Basis and Purpose

    Parsons Brinkerhoff, a design consultant on behalf of NJDOT,
requested a temporary change to the existing regulations for the S37
Bridge to facilitate necessary repairs. The repairs consist of
extensive structural rehabilitation, decking replacement, bearing
replacement, electrical repairs, gate replacement and improvements to
necessitate this closure. To facilitate repairs, the bascule span will
be maintained in the closed position to navigation on three four-month
closure periods beginning at 8 a.m., December 1, 2015 until 8 p.m.,
March 31, 2016; from 8 a.m., December 1, 2016 until 8 p.m., March 31,
2017; and from 8 a.m., December 1, 2017 until 8 p.m. March 31, 2018.
    The Coast Guard has reviewed the bridge data provided by NJDOT. The
data, from years 2004 to 2013, shows a substantial decrease in the
number of bridge openings and vessel traffic transiting the area
between December and March. Spring and fall average openings are
approximately 100 per month. In the winter months, openings average
approximately 6 vessel openings per month. A survey was conducted with
nine local commercial marinas that also indicated, there will be
minimal impact to their customers and operations. The S37 Bridge, also
known locally as the Thomas A. Mathis Bridge, is a double leaf bascule
bridge with a vertical clearance of approximately 30 feet, above mean
high water. Based on the data provided, the proposed closure dates will
have minimal impact on vessel traffic.

C. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard will temporarily revise the operating regulations
at 33 CFR 117.733(c)(1) governing the S37 Bridge, at NJICW mile 14.1,
over Barnegat Bay, at Seaside Heights, NJ. The Coast Guard will
temporarily suspend 33 CFR 117.733(c)(1) and insert this new regulation
at 33 CFR 117.733(c)(4).
    Paragraph (c)(4) will allow the draw to be maintained in the closed
position to vessels during the extensive rehabilitation project on
three four-month closure periods beginning 8 a.m., December 1, 2015
until 8 p.m., March 31, 2016; from 8 a.m., December 1, 2016 until 8
p.m., March 31, 2017; and from 8 a.m., December 1, 2017 until 8 p.m.,
March 31, 2018. Vessels with a mast height of less than 30 feet can
pass underneath the bridge in the closed position at anytime. The
Atlantic Ocean is the only alternate route available for vessels unable
to pass underneath the bridge and the bridge will be unable to open
during the closure period. The Coast Guard provided a comment period of
60 days and no comments were received on the proposed rule.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. This change is not a
significant regulatory action because it is expected to have minimal
impact on mariners due to a slow down of users in the winter months
with no anticipated change to vessel traffic.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This action will not have a significant economic impact on a
substantial number of small entities for the following reasons. There
have been minimal vessel requests requiring openings for the past 9
years in the winter months. Vessels that can safely transit under the
bridge may do so at any time.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and

have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the change to the operating schedule
for the S37 Barnegat Bay Bridge in order to accommodate necessary
repair. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard
temporarily amends 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. In Sec.  117.733, suspend paragraph (c)(1) and add a new paragraph
(c)(4), to read as follows:

Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (c) * * *
    (4) From 8 a.m. December 1, 2015 until 8 p.m. March 31, 2016; from
8 a.m. December 1, 2016 until 8 p.m. March 31, 2017; and from 8 a.m.
December 1, 2017 until 8 p.m. March 31, 2018, the S37 Bridge, mile
14.1, at Seaside Heights may remain closed to navigation.
* * * * *

    Dated: April 2, 2014.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2014-08787 Filed 4-16-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10636-10637]
[FR Doc No: 2023-03459]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0294; FMCSA-2013-0443; FMCSA-2013-0444; FMCSA-
2014-0212; FMCSA-2014-0213; FMCSA-2014-0382; FMCSA-2015-0321; FMCSA-
2015-0323; FMCSA-2018-0028; FMCSA-2018-0050; FMCSA-2018-0051; FMCSA-
2018-0052; FMCSA-2018-0054; FMCSA-2019-0034; FMCSA-2020-0046; FMCSA-
2020-0049; FMCSA-2020-0050]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 28
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on October 24, 2022. The
exemptions expire on October 24, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200

New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001, (202)
366-4001, [email protected]. Office hours are from 8:30 a.m. to 5
p.m. ET Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2012-0294, FMCSA-2013-0443, FMCSA-2013-0444, FMCSA-2014-
0212, FMCSA-2014-0213, FMCSA-2014-0382, FMCSA-2015-0321, FMCSA-2015-
0323, FMCSA-2018-0028, FMCSA-2018-0050, FMCSA-2018-0051, FMCSA-2018-
0052, FMCSA-2018-0054, FMCSA-2019-0034, FMCSA-2020-0046, FMCSA-2020-
0049, or FMCSA-2020-0050) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On January 26, 2023, FMCSA published a notice announcing its
decision to renew exemptions for 28 individuals from the epilepsy and
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV
in interstate commerce and requested comments from the public (88 FR
906). The public comment period ended on February 6, 2023, and no
comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the 28 renewal exemption applications
and comments received, FMCSA announces its decision to exempt the
following drivers from the epilepsy and seizure disorders prohibition
in Sec.  391.41(b)(8).
    As of October 24, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 28 individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (88 FR
906):

Lee Anderson (MA)
Jay Asack (MA)
Peter Bender (MN)
Kenneth Boglia (NC)
Jeremy Bradford (AL)
Brian Duncan (IL)
Steven Ford (WI)
Terry Hamby (NC)
Eric Hilmer (WI)
Clint Honea (AL)
Gerald Klein, Jr. (ID)
Thomas Kline (PA)
James Klucas (KS)
Jeffrey Kuper (IL)
Jeffrey T. Lang (PA)
Jose Lara-Ramirez (NV)
Ty Martin (WV)
Roland Mezger (PA)
Troy Nichols (TX)
Domenick Panfile (NJ)
Nicholas Ramirez (CA)
Michael Ranalli (PA)
Bryan Sheehan (FL)
Matthew Staley (CO)
Joshua Thomas (MN)
Robert Thomas, Jr. (NC)
Peter Thompson (FL)
Trever William (MN)

    The drivers were included in docket number FMCSA-2012-0294, FMCSA-
2013-0443, FMCSA-2013-0444, FMCSA-2014-0212, FMCSA-2014-0213, FMCSA-
2014-0382, FMCSA-2015-0321, FMCSA-2015-0323, FMCSA-2018-0028, FMCSA-
2018-0050, FMCSA-2018-0051, FMCSA-2018-0052, FMCSA-2018-0054, FMCSA-
2019-0034, FMCSA-2020-0046, FMCSA-2020-0049, or FMCSA-2020-0050. Their
exemptions were applicable as of October 24, 2022 and will expire on
October 24, 2024.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-03459 Filed 2-17-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Pages 14527-14528]
[FR Doc No: 2013-05121]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC13-4-000; (FERC-538)]

Commission Information Collection Activities; Comment Request

AGENCY: Federal Energy Regulatory Commission.

ACTION: Comment request.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is submitting the information collection FERC-538, Gas Pipeline
Certificates: Section 7(a) Mandatory Initial Service, to the Office of
Management and Budget (OMB) for review of the information collection

requirements. Any interested person may file comments directly with OMB
and should address a copy of those comments to the Commission as
explained below. The Commission issued a Notice in the Federal Register
(77 FR 75627, 12/21/2012) requesting public comments. FERC received no
comments on the FERC-538 and is making this notation in its submittal
to OMB.

DATES: Comments on the collection of information are due by April 5,
2013.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0061, should be sent via email to the Office of Information and
Regulatory Affairs<EMAIL_ADDRESS>Attention: Federal Energy
Regulatory Commission Desk Officer. The Desk Officer may also be
reached via telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Federal Energy
Regulatory Commission, identified by the Docket No. IC13-4-000, by
either of the following methods:
     eFiling at Commission's Web Site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION: Title: FERC-538: Gas Pipelines Certificates:
Section 7(a) Mandatory Initial Service.
    OMB Control No.: 1902-0061.
    Type of Request: Three-year extension of the FERC-538 information
collection requirements with no changes to the reporting requirements.
    Abstract: Under sections 7(a), 10(a) and 16 of Natural Gas Act
(NGA),\1\ upon application by a person or municipality authorized to
engage in the local distribution of natural gas, the Commission may
order a natural gas company to extend or improve its transportation
facilities, and sell natural gas to the municipality or person and, for
such purpose, to extend its transportation facilities to communities
immediately adjacent to such facilities or to territories served by the
natural gas pipeline company. The Commission uses the application data
in order to be fully informed concerning the applicant, and the service
the applicant is requesting.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 717f-w.
---------------------------------------------------------------------------

    Type of Respondents: Persons or municipalities authorized to engage
in the local distribution of natural gas.
    Estimate of Annual Burden: \2\ The Commission estimates the total
Public Reporting Burden for this information collection as:
---------------------------------------------------------------------------

    \2\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, reference 5 Code of Federal Regulations 1320.3.

                                      FERC-538--Gas Pipelines Certificates: Section 7(a) Mandatory Initial Service
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Number of
                                                           Number of         responses per      Total number of     Average burden      Estimated total
                                                          respondents         respondent           responses      hours per response     annual burden
                                                                    (A)                 (B)       (A) x (B) = (C)               (D)                   (C) x (D)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gas Pipeline Certificates...........................                  1                   1                   1                 240                 240
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The total estimated annual cost burden to respondents is $16,562
[240 hours * $69.01/hour \3\ = $16,562].
---------------------------------------------------------------------------

    \3\ 2080 hours = 52 weeks * 40 hours per week (i.e. 1 year of
full-time employment).
---------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: February 27, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-05121 Filed 3-5-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73698-73700]
[FR Doc No: 2020-25558]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-4-000]

Transwestern Pipeline Company, LLC; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed Linam
Ranch Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document, that will discuss
the environmental impacts of the Linam Ranch Project (Project)
involving the abandonment in-place of natural gas transmission
facilities by

Transwestern Pipeline Company, LLC (Transwestern) in Lea County, New
Mexico. The Commission will use this environmental document in its
decision-making process to determine whether the project is in the
public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of an Authorization to abandon facilities. This gathering of
public input is referred to as ``scoping.'' The main goal of the
scoping process is to focus the analysis in the environmental document
on the important environmental issues. Additional information about the
Commission's NEPA process is described below in the NEPA Process and
Environmental Document section of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00pm Eastern Time on December 14, 2020. Comments may be
submitted in written form. Further details on how to submit comments
are provided in the Public Participation section of this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written comments during the preparation of the
environmental document.
    If you submitted comments on this project to the Commission before
the opening of this docket on October 8, 2020, you will need to file
those comments in Docket No. CP21-4-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    Transwestern provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas Questions or Landowner Topics link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on eRegister. You will be asked to select the type of filing you are
making; a comment on a particular project is considered a ``Comment on
a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP21-4-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called
eSubscription which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Proposed Project

    Transwestern proposes to abandon in-place the Linam Ranch meter
station and approximately 2,446 feet of associated 10-inch-diameter
natural gas transmission pipeline, both of which are located in Lea
County, New Mexico. According to Transwestern, the natural gas market
in the project area has changed such that the Project has no firm
transportation agreements. Additionally, the maintenance expenses
associated with the meter station and piping are excessive and cannot
be recovered by its current revenue stream. The general location of the
project facilities is shown in appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called eLibrary. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
---------------------------------------------------------------------------

Land Requirements

    All project-related activities would occur within the existing
boundaries of the DCP Linam Ranch Gas Plant yard and existing
Transwestern pipeline easement.

NEPA Process and the Environmental Document

    Any environmental document issued by the Commission will discuss
impacts that could occur as a result of the construction and operation
of the proposed project under the relevant general resource areas:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise; and
     reliability and safety.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further

study and discussion in the environmental document.
    Following this scoping period, Commission staff will determine
whether to prepare an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS). The EA or the EIS will present Commission
staff's independent analysis of the issues. If Commission staff
prepares an EA, a Notice of Schedule for the Preparation of an
Environmental Assessment will be issued. The EA may be issued for an
allotted public comment period. The Commission would consider timely
comments on the EA before making its decision regarding the proposed
project. If Commission staff prepares an EIS, a Notice of Intent to
Prepare an EIS/Notice of Schedule will be issued, which will open up an
additional comment period. Staff will then prepare a draft EIS which
will be issued for public comment. Commission staff will consider all
timely comments received during the comment period on the draft EIS and
revise the document, as necessary, before issuing a final EIS. Any EA
or draft and final EIS will be available in electronic format in the
public record through eLibrary \2\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the environmental document
is issued.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the environmental document.\3\ Agencies that would like
to request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Section 1501.6.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ The environmental document for this
project will document findings on the impacts on historic properties
and summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials; and Native
American Tribes. This list also includes all affected landowners (as
defined in the Commission's regulations) who are potential right-of-way
grantors, whose property may be used temporarily for project purposes,
or who own homes within certain distances of aboveground facilities,
and anyone who submits comments on the project and includes a mailing
address with their comments. Commission staff will update the
environmental mailing list as the analysis proceeds to ensure that
Commission notices related to this environmental review are sent to all
individuals, organizations, and government entities interested in and/
or potentially affected by the proposed project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please return the
attached Mailing List Update Form (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number in
the Docket Number field. Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: November 13, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-25558 Filed 11-18-20; 8:45 am]
BILLING CODE 6717-01-P