[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9753-9754]
[FR Doc No: 2020-03388]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP19-509-000; CP19-509-001]

Texas Eastern Transmission, LP; Notice of Schedule for
Environmental Review of the Marshall County Mine Panels 19e and 20e
Project

    On September 4, 2019, Texas Eastern Transmission, LP (Texas
Eastern) filed an application in Docket No. CP19-509-000 requesting a
Certificate of Public Convenience and Necessity pursuant to Section
7(c) of the Natural Gas Act to construct and operate certain natural
gas pipeline facilities in Marshal County, West Virginia. On December
19, 2019, Texas Eastern amended its application in Docket No. CP19-509-
001. The proposed project, known as the Marshal County Mine Panels 19E
and 20E Project (Project), would ensure safe and efficient operation of
existing Texas Eastern pipeline facilities for the duration of planned
longwall mining activities.
    On September 17, 2019 and January 6, 2020, the Federal Energy
Regulatory Commission (Commission or FERC) issued two separate Notice
of Applications for the Project as amended. Among other things, the
notices alerted agencies issuing federal authorizations of the
requirement to complete all necessary reviews and to reach a final
decision on a request for a federal authorization within 90 days of the
date of issuance of the Commission staff's Environmental Assessment
(EA) for the Project. This instant notice identifies the FERC staff's
planned schedule for the completion of the EA for the Project.

Schedule for Environmental Review

Issuance of EA--March 27, 2020
90-day Federal Authorization Decision Deadline--June 25, 2020

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Texas Eastern proposes to excavate, elevate, and replace certain
sections of four natural gas transmission pipelines due to longwall
mining activities in Marshall County, West Virginia. The Project would
allow for safe and efficient operation of Texas Eastern's existing
pipeline facilities for the duration of the longwall mining activities
planned by Marshall County Coal Company in the area beneath Texas

Eastern's pipelines. The four mainline segments will remain in-service
and be elevated using sandbags and skids for about two years until the
longwall mining activities have completed and any potential ground
subsidence has settled.

Background

    On October 1, 2019, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Marshall County
Mine Panel 19E Project and Request for Comments on Environmental Issues
(NOI). The Commission issued an additional NOI on January 13, 2020,
following the Texas Eastern's Marshal County Mine Panel 20E amendment
application. The NOIs were sent to affected landowners; owners of
minerals rights; federal, state, and local government agencies; elected
officials; Native American tribes; other interested parties; and local
libraries and newspapers. Comment letters were received from the Osage
Nation Historic Preservation Office and the U.S. Army Corps of
Engineers in response to the NOIs. The primary issues raised in the
comments are impacts on streams and wetlands and permitting
requirements. All substantive comments will be addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the eLibrary link, select General
Search from the eLibrary menu, enter the selected date range and Docket
Number excluding the last three digits (i.e., CP19-501), and follow the
instructions. For assistance with access to eLibrary, the helpline can
be reached at<PHONE_NUMBER>, TTY<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>The eLibrary link on the FERC website also
provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rule makings.

    Dated: February 13, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-03388 Filed 2-19-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Rules and Regulations]
[Page 17397-17399]
[DOCID:fr15ap09-14]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0225]
RIN 1625-AA11

Regulated Navigation Areas: Herbert C. Bonner Bridge, Oregon
Inlet, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA) on the waters of Oregon Inlet, North Carolina
(NC). The RNA is needed to protect maritime infrastructure and the
maritime public during fender repair work on the Herbert C. Bonner
Bridge.

DATES: This rule is effective from 5 a.m. on April 16, 2009, through 8
p.m. on June 5, 2009.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2009-0225 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0225
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 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 e-mail CWO4 Stephen Lyons, Waterways Management
Division Chief, Coast Guard Sector North Carolina; telephone 252-247-
4525, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because immediate action is needed to
protect bridge repair workers and the maritime public from the hazards
associated with this maintenance project. Fendering system repair
workers will be on scaffolding in the navigation channel underneath the
Herbert C. Bonner Bridge. Vessels transiting the channel could knock
the workers off the scaffolding and into the water. Likewise, vessels
could sustain damage by striking the scaffolding. It is imperative an
RNA be established prior to fender repair work on the bridge which
begins on April 16, 2009. Delaying fendering repair work on the bridge
to complete an NPRM is impractical, unnecessary, and contrary to the
public interest. For the safety concerns noted, it is in the public
interest to have this regulation in place during the construction.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date, for
the same reasons as noted above, would be contrary to public interest,
since immediate action is needed to ensure the public's safety.

Background and Purpose

    The State of North Carolina Department of Transportation awarded a
contract to Marine Technologies, Inc. of Baltimore, MD to perform
repair work on the Herbert C. Bonner Bridge located in Oregon Inlet,
NC. The contract is for the repair of the existing fender system that
protects the bridge piers located on either side of the navigation
channel from vessel allision. The fender repairs are scheduled to begin
on April 16, 2009, and continue through June 5, 2009. The contractor
will utilize scaffolding hanging from the fender system to perform the
repair work. During periods of work, the scaffolding will reduce the
available horizontal clearance of the main navigational channel to
124'. Because of this construction, vessels over a certain size will be
limited in their ability to transit the regulated area as described
below.

Discussion of Rule

    The RNA will encompass the area of the main navigational channel
directly under the Herbert C. Bonner Bridge. All vessels of 100 gross
tons and greater are not permitted to transit the waterway unless the
vessel asks the District Commander or his representative for permission
to transit. To seek permission to transit the area, mariners can
contact Sector North Carolina at telephone number<PHONE_NUMBER>.
    Any vessel transiting the regulated area must do so at a no-wake
speed during the effective period. Nothing in this proposed rule
negates the requirement to operate at a safe speed as provided in the
Navigational Rules and Regulations.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this regulation will restrict access to the regulated
area, the effect of this rule will not be significant because: (i) The
regulated navigation area will be in effect for a limited duration of
time, (ii) the Coast Guard will give advance notification via maritime
advisories so mariners can adjust their plans accordingly, and (iii)
vessels of 100 gross tons or greater may be granted permission to
transit the area by the District Commander or his representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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. Although the regulated area will apply to the waters of the
Oregon Inlet, the area will not have significant impact on small
entities because the area will only be in place for a limited duration
of time and maritime advisories will be issued in advance to allow the
public to adjust

their plans accordingly. In addition, vessels of 100 gross tons or
greater may be granted permission to transit the area by the District
Commander or his representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

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

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.

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 may
disproportionately affect children.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a RNA. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165-REGULATED NAVIGATION AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T05-0225 to read as follows:

Sec.  165.T05-0225  Regulated Navigation Area; Herbert C. Bonner
Bridge, Oregon Inlet, NC.

    (a) Definitions. For the purposes of this section, District
Commander means the Commander, Fifth Coast Guard District.
Representative means any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Commander, Fifth U.S. Coast
Guard District, to act as a representative on his behalf.
    (b) Location. The following area is a regulated navigation area:
All waters of Oregon Inlet, between the fendered spans of the Herbert
C. Bonner Bridge.
    (c) Regulations. (1) The general regulations governing regulated

navigation areas found in Sec.  165.13 of this part apply to the
regulated navigation area described in paragraph (b).
    (2) All vessels of 100 gross tons and greater are not permitted to
transit the regulated area without permission from the District
Commander or his representative. To seek permission to transit the
area, mariners can contact Sector North Carolina at telephone number
(252) 247-4570.
    (3) Any vessel transiting the regulated area must do so at a no-
wake speed during the effective period. The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel
by siren, radio, flashing light or other means, the operator of a
vessel shall proceed as directed. If permission is granted, all persons
and vessels must comply with the instructions of the District Commander
or his representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 5 a.m.
on April 16, 2009, through 8 p.m. on June 5, 2009.

    Dated: April 6, 2009.
F.M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-8610 Filed 4-14-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Notices]
[Page 37394]
[FR Doc No: 2012-15141]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-75-000.
    Applicants: OLS ENERGYAGNEWS INC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status.
    Filed Date: 6/8/12.
    Accession Number: 20120608-5138.
    Comments Due: 5 p.m. ET 6/29/12.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3405-001; ER11-3406-001; ER11-3407-001; ER10-
2897-003; ER12-1865-001.
    Applicants: Krayn Wind LLC, Howard Wind LLC, Highland North LLC,
EverPower Wind Holdings, Inc., Mustang Hills, LLC.
    Description: Notice of Change in Status of EverPower Wind Holdings,
Inc., et al.
    Filed Date: 6/7/12.
    Accession Number: 20120607-5127.
    Comments Due: 5 p.m. ET 6/28/12.

    Docket Numbers: ER12-1986-000.
    Applicants: Tucson Electric Power Company.
    Description: Amended and Restated Balancing Agreement with Red Mesa
to be effective 8/7/2012.
    Filed Date: 6/8/12.
    Accession Number: 20120608-5128.
    Comments Due: 5 p.m. ET 6/29/12.

    Docket Numbers: ER12-1987-000.
    Applicants: O.L.S. Energy-Agnews, Inc.
    Description: Application for Market-Based Rate Authorization to be
effective 6/9/2012.
    Filed Date: 6/8/12.
    Accession Number: 20120608-5135.
    Comments Due: 5 p.m. ET 6/29/12.

    Docket Numbers: ER12-1988-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Revisions to the Tariff Att Q to modify PJM's Credit
Standards for Virtual Bids to be effective 8/8/2012.
    Filed Date: 6/8/12.
    Accession Number: 20120608-5145.
    Comments Due: 5 p.m. ET 6/29/12.

    Docket Numbers: ER12-1989-000.
    Applicants: SunPower Corporation, Systems.
    Description: SunPower Corporation, Systems MBR Filing to be
effective 7/7/2012.
    Filed Date: 6/8/12.
    Accession Number: 20120608-5147.
    Comments Due: 5 p.m. ET 6/29/12.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES12-41-000.
    Applicants: ISO New England Inc.
    Description: Supplement to Application of ISO New England Inc.
under Section 204 of the Federal Power Act For An Order Authorizing the
Issuance of Securities.
    Filed Date: 6/8/12.
    Accession Number: 20120608-5065.
    Comments Due: 5 p.m. ET 6/18/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 11, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-15141 Filed 6-20-12; 8:45 am]
BILLING CODE 6717-01-P