[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65759-65762]
[FR Doc No: 2022-23664]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-503-000, Docket No. CP22-502-000]

Columbia Gas Transmission, LLC; Transcontinental Gas Pipe Line
Company, LLC; Notice of Intent To Prepare an Environmental Impact
Statement for The Proposed Virginia Reliability Project and
Commonwealth Energy Connector Project, Request for Comments on
Environmental Issues, and Schedule for Environmental Review

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Virginia Reliability
Project and Commonwealth Energy Connector Project involving
construction and operation of facilities by Columbia Gas Transmission,
LLC (Columbia) and Transcontinental Gas Pipe Line Company, LLC
(Transco), respectively. Columbia's project would involve construction
and operation of certain natural gas pipeline facilities in
Greensville, Prince George, Sussex, Surry, Southampton, and Isle of
Wight Counties, Virginia and in the cities of Suffolk and Chesapeake,
Virginia. Transco's project would also involve construction and
operation of natural gas pipeline facilities in Mecklenburg, Brunswick,
and Greensville Counties, Virginia. The Commission will use this EIS in
its decision-making process to determine whether the projects are in
the public convenience and necessity. The schedule for preparation of
the EIS is discussed in the Schedule for Environmental Review section
of this notice.
    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
whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. This gathering of public input is referred
to as ``scoping.'' By notice issued on February 22, 2022, in Docket
Nos. PF22-3-000 and PF22-4-000, the Commission opened a scoping period
during Columbia's and Transco's planning processes for the projects and
prior to filing formal applications with the Commission, a process
referred to as ``pre-filing.'' By supplemental notice issued on March
7, 2022, the Commission extended the scoping period due to inadvertent
mailing issues. Columbia and Transco have now filed respective
applications with the Commission, and staff intends to prepare an EIS
that will address the concerns raised during the pre-filing scoping
process and comments received in response to this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. 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
5:00 p.m. Eastern Time on November 25, 2022. Comments may be submitted
in written form. Further details on how to submit comments are provided
in the Public Participation section of this notice.
    As mentioned above, during the pre-filing process, the Commission
opened a scoping period which expired on April 6, 2022; however,
Commission staff continued to accept comments during the entire pre-
filing process. Staff also held two virtual scoping sessions to take
oral scoping comments on March 15 and 30, 2022. All substantive written
and oral comments provided during pre-filing will be addressed in the
EIS. Therefore, if you submitted comments on these projects to the
Commission during the pre-filing process in Docket Nos. PF22-3-000 and
PF22-4-000 you do not need to file those comments again. Likewise, if
you submitted comments in response to the Notice of Applications issued
by the Commission on September 8, 2022, you do not need to file those
comments again.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not grant, exercise, or oversee the exercise of eminent domain
authority. The courts have exclusive authority to handle eminent domain
cases; the Commission has no jurisdiction over these matters.
    Columbia and Transco 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. The Commission encourages electronic filing of comments and
has staff available to assist you at<PHONE_NUMBER> or
[email protected]. Please carefully follow these instructions
so that your comments are properly recorded.
    (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 (CP22-
503-000 for Virginia Reliability Project or CP22-502-000 for
Commonwealth Energy Connector Project) 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. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to https://www.ferc.gov/ferc-online/overview to register
for eSubscription. If using this service, you will need to subscribe
for each docket separately to receive notifications for both projects.

Summary of the Proposed Projects, the Projects Purpose and Need, and
Expected Impacts

Virginia Reliability Project

    Columbia proposes to replace and expand existing facilities
associated with its VM-107 and VM-108 pipelines in southeast Virginia.
The Virginia Reliability Project would increase the capability of
Columbia's existing pipeline facilities to provide incremental firm
transportation service of 100,000 dekatherms per day (Dth/d), while
increasing the reliability of Columbia's system by replacing 1950s
vintage pipelines. According to Columbia, its project would meet the
increasing market demand of residential, commercial, and industrial
consumers in southeast Virginia.
    The Virginia Reliability Project would consist of the following:
     replacement of 49.2 miles of existing, 1950s vintage 12-
inch-diameter VM-107 and VM-108 pipelines with 24-inch-diameter
pipeline mostly within Columbia's existing right-of-way, in Sussex,
Surry, Southampton, and Isle of Wight Counties, as well as the cities
of Suffolk and Chesapeake;
     installation of one new 5,500-horsepower (HP) dual-drive
compressor unit at the existing Emporia Compressor Station in
Greensville County;
     a facility upgrade involving additional gas cooling and an
increase of 2,700 HP at the existing Petersburg Compressor Station in
Prince George County;
     modification of the Emporia Point of Receipt in
Greensville County; Regulator Station 7423 in Prince George County; and
the MS-831010 Point of Delivery in the City of Chesapeake; and
     eight mainline valve replacements, five new pig launcher/
receiver installations,\1\ and other minor appurtenant facilities.
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    \1\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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    The general location of the Virginia Reliability Project facilities
is shown in appendix 1.\2\
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    \2\ 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>.
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    Based on the environmental information provided by Columbia,
construction of the proposed facilities would disturb about 802.6 acres
of land. Following construction, Columbia would maintain about 307.2
acres for operation of the project facilities; the remaining acreage
would be restored and revert to former uses. About 92 percent of the
replacement pipeline routes would parallel Columbia's existing right-
of-way and/or other existing pipeline, utility, railroad, or road
rights-of-way.
    Based on an initial review of Columbia's proposal, public comments
received during the pre-filing process, and public comments received on
the Notice of Application, Commission staff have identified several
expected impacts that deserve attention in the EIS. The Virginia
Reliability Project would cross 131 waterbodies, 130.2 acres of
wetland, several conservation sites, and about 0.5 mile of the Great
Dismal Swamp National Wildlife Refuge. Three federally listed species
(northern long-eared bat, red-cockaded woodpecker, and eastern black
rail) may be affected by the project. Five state-listed species have
potential to occur in the project area, and the potential for impacts
on these species is being assessed. Environmental justice populations
are present in the project area and may be affected by the project. The
project would cross about 1.5 miles of the Sunray Agricultural Historic
District, along Columbia's existing permanent right-of-way.

Commonwealth Energy Connector Project

    Transco proposes to expand its existing natural gas transmission
system in southeast Virginia to provide 105,000 Dth/d of incremental
firm transportation capacity from its Compressor Station 165 in
Pittsylvania County to its existing Emporia Metering and Regulation
Station in Greensville County on its existing South Virginia Lateral B-
Line Pipeline. According to Transco, the project would provide firm,
year-round access to incremental natural gas supply, increase the
overall reliability and diversification of energy supply for its
customer, and add natural gas infrastructure to meet growing demand in
the Mid-Atlantic area.
    The Commonwealth Energy Connector Project would consist of the
following:
     construction of a 6.35-mile-long, 24-inch-diameter
pipeline loop \3\ (referred to as the Commonwealth Loop), including
valve and pig launcher/receiver facilities, in Brunswick and
Greensville Counties;
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    \3\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
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     addition of a 33,000-HP electric motor-drive compressor
unit at the existing Compressor Station 168 in Mecklenburg County; and
     modifications to the existing Emporia Metering and
Regulation Station in Greensville County.
    The general location of the Commonwealth Energy Connector Project
facilities is also shown in appendix 1.
    Based on the environmental information provided by Transco,
construction of the proposed facilities would disturb about 161.3 acres
of land. Following construction, Transco would maintain about 1.8 acres
(in addition to the existing permanent right-of-way) for operation of
the project facilities. The remaining acreage would be restored and
revert to former uses. All of the proposed pipeline route parallels
Transco's existing pipeline right-of-way.
    Based on an initial review of Transco's proposal, public comments
received during the pre-filing process, and public comments received on
the Notice of Application, Commission staff have identified several
expected impacts that deserve attention in the EIS. Commission staff
have identified several expected impacts that deserve attention in the
EIS. The project would cross 14 waterbodies and 2.5 acres of wetlands.
One federally listed species (northern long-eared bat) potentially
occurs within the project area. Fifteen state-protected species
potentially occur

in the project area; however, these species are not expected to be
affected by the project. Environmental justice populations are present
in the project area and may be affected by the project.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could
occur as a result of the construction and operation of the proposed
projects under the relevant general resource areas:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     socioeconomics and environmental justice;
     land use;
     air quality and noise;
     climate change; and
     reliability and safety.
    Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
    The EIS will present Commission staff's independent analysis of the
issues. The U.S. Army Corps of Engineers (USACE) and U.S. Fish and
Wildlife Service (FWS) are cooperating agencies in the preparation of
the EIS.\4\ Staff will 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. The draft and final
EIS will be available in electronic format in the public record through
eLibrary \5\ 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.
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    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40 Code of Federal
Regulations (CFR), Section 1501.8. (2021)
    \5\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration

    The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed actions.\6\ Alternatives currently under consideration
include:
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    \6\ 40 CFR 1508.1(z)
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     the no-action alternative, meaning the projects are not
implemented;
     Virginia Reliability Project pipeline segment routes that
avoid wetlands, waterbodies, the Sunray Agricultural Historic District,
or the Great Dismal Swamp National Wildlife Refuge; and
     options to reduce the length of the Commonwealth Energy
Connector Project pipeline.
    With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed actions
or segments of the proposed actions. Please focus your comments on
reasonable alternatives (including alternative facility sites and
pipeline routes) that meet the project(s) objectives, are technically
and economically feasible, and avoid or lessen environmental impact.

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 initiated section 106 consultation for
the projects in the notice issued on February 22, 2022, with the
applicable State Historic Preservation Office, and other government
agencies, interested Indian tribes, and the public to solicit their
views and concerns regarding the projects' potential effects on
historic properties.\7\ This notice is a continuation of section 106
consultation for the Project. The EIS will document findings on the
impacts on historic properties and summarize the status of
consultations under section 106.
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    \7\ 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.
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Schedule for Environmental Review

    On September 8, 2022, the Commission issued its Notice of
Applications for the projects. Among other things, that notice alerted
other agencies issuing federal authorizations of the requirement to
complete all necessary reviews and to reach a final decision on the
requests for a federal authorization within 90 days of the date of
issuance of the Commission staff's final EIS for the projects. This
notice identifies the Commission staff's planned schedule for
completion of the final EIS for the projects, which is based on an
issuance of the draft EIS in April 2023.

Issuance of Notice of Availability of the Final EIS--September 15, 2023
90-day Federal Authorization Decision Deadline \8\--December 16, 2023
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    \8\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.

    If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the EIS progress.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations
for the projects required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to these projects. 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.

------------------------------------------------------------------------
                 Agency                               Permit
------------------------------------------------------------------------
                      Virginia Reliability Project
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FERC...................................  Certificate of Public
                                          Convenience and Necessity.
USACE Norfolk District.................  Clean Water Act Section 404
                                          Permit.
                                         Rivers and Harbors Act Section
                                          10 Permit.
                                         Section 408 Permit.

Virginia Department of Environmental     Issuance of a Water Quality
 Quality--Water Division.                 Certification under Section
                                          401 of the Clean Water Act =.
FWS Virginia Ecological Field Services   Consultation under Section 7 of
 Office.                                  the Endangered Species Act.
FWS Great Dismal Swamp National          Authorization to Construction
 Wildlife Refuge.                         and Operate the Project.
Virginia Department of Historic          Consultation under Section 106
 Resources.                               of the National Historic
                                          Preservation Act.
------------------------------------------------------------------------
                  Commonwealth Energy Connector Project
------------------------------------------------------------------------
FERC...................................  Certificate of Public
                                          Convenience and Necessity.
USACE Norfolk District.................  Clean Water Act Section 404
                                          Permit.
Virginia Department of Environmental     Issuance of a Water Quality
 Quality--Water Division.                 Certification under Section
                                          401 of the Clean Water Act =.
FWS Virginia Ecological Field Services   Consultation under Section 7 of
 Office.                                  the Endangered Species Act.
Virginia Department of Historic          Consultation under Section 106
 Resources.                               of the National Historic
                                          Preservation Act.
------------------------------------------------------------------------

Environmental Mailing List

    This notice is being sent to the Commission's current environmental
mailing list for the projects which includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. 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 projects 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 projects. State and local government representatives
should notify their constituents of these proposed projects and
encourage them to comment on their areas of concern.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number CP22-502-000 for
Commonwealth Energy Connector Project or CP22-503-000 for Virginia
Reliability Project in your request. If you are requesting a change to
your address, please be sure to include your name and the correct
address. If you are requesting to delete your address from the mailing
list, please include your name and address as it appeared on this
notice. This email address is unable to accept comments.
    OR
    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the projects 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, excluding the last three digits (i.e.,
CP22-502 or CP22-503). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
[email protected] 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: October 25, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-23664 Filed 10-31-22; 8:45 am]
BILLING CODE 6717-01-P


registrant reasonably believes that its necessary conflict minerals did
come from recycled or scrap sources, the registrant must, in the body
of its specialized disclosure report under a separate heading entitled
``Conflict Minerals Disclosure,'' disclose its determination and
briefly describe the reasonable country of origin inquiry it undertook
in making its determination and the results of the inquiry it
performed. Also, the registrant must disclose this information on its
publicly available Internet Web site and, under a separate heading in
its specialized disclosure report entitled ``Conflict Minerals
Disclosure,'' provide a link to that Web site.
    (c) Alternatively, based on its reasonable country of origin
inquiry, if the registrant knows that any of its necessary conflict
minerals originated in the Democratic Republic of the Congo or an
adjoining country and are not from recycled or scrap sources, or has
reason to believe that its necessary conflict minerals may have
originated in the Democratic Republic of the Congo or an adjoining
country and has reason to believe that they may not be from recycled or
scrap sources, the registrant must exercise due diligence on the source
and chain of custody of its conflict mineral, as discussed in paragraph
(c)(1) of this item, that conforms to a nationally or internationally
recognized due diligence framework, if such a framework is available
for the conflict mineral. If, as a result of that due diligence, the
registrant determines that its conflict minerals did not originate in
the Democratic Republic of the Congo or an adjoining country or the
registrant determines that its conflict minerals did come from recycled
or scrap sources, a Conflict Minerals Report is not required, but the
registrant must disclose its determination and briefly describe, in the
body of its specialized disclosure report under a separate heading
entitled ``Conflict Minerals Disclosure,'' the reasonable country of
origin inquiry and the due diligence efforts it undertook in making its
determination and the results of the inquiry and due diligence efforts
it performed. Also, the registrant must disclose this information on
its publicly available Internet Web site and, under a separate heading
in its specialized disclosure report entitled ``Conflict Minerals
Disclosure,'' provide a link to that Web site. Otherwise, the
registrant must file a Conflict Minerals Report as an exhibit to its
specialized disclosure report and provide that report on its publicly
available Internet Web site. Under a separate heading in its
specialized disclosure report entitled ``Conflict Minerals
Disclosure,'' the registrant must disclose that it has filed a Conflict
Minerals Report and provide the link to its Internet Web site where the
Conflict Minerals Report is publicly available.
    The Conflict Minerals Report must include the following
information:
    (1) Due Diligence: A description of the measures the registrant has
taken to exercise due diligence on the source and chain of custody of
those conflict minerals;
    (i) The registrant's due diligence must conform to a nationally or
internationally recognized due diligence framework, if such a framework
is available for the conflict mineral;
    (ii) Except as provided in paragraphs (c)(1)(iv), (c)(1)(v), and
(c)(1)(vi) of this item, the due diligence measures shall include but
not be limited to an independent private sector audit of the Conflict
Minerals Report that is conducted in accordance with standards
established by the Comptroller General of the United States and
certified pursuant to paragraph (c)(1)(ii)(B) of this item, which shall
constitute a critical component of the registrant's due diligence in
establishing the source and chain of custody of the necessary conflict
minerals.
    (A) The objective of the audit of the Conflict Minerals Report is
to express an opinion or conclusion as to whether the design of the
registrant's due diligence measures as set forth in, and with respect
to the period covered by, the registrant's Conflict Minerals Report, is
in conformity with, in all material respects, the criteria set forth in
the nationally or internationally recognized due diligence framework
used by the registrant, and whether the registrant's description of the
due diligence measures it performed as set forth in the Conflict
Minerals Report, with respect to the period covered by the report, is
consistent with the due diligence process that the registrant
undertook.
    (B) The registrant's Conflict Minerals Report must include a
statement that the registrant has obtained an independent private
sector audit of the Conflict Minerals Report, which shall constitute an
audit certification;
    (C) As part of the Conflict Minerals Report, the registrant must
identify the independent private sector auditor of the report, if the
auditor is not identified in the audit report, and provide the audit
report prepared by the auditor in accordance with standards established
by the Comptroller General of the United States;
    (iii) Any registrant that manufactures products or contracts for
products to be manufactured that are ``DRC conflict undeterminable,''
as defined in paragraph (d)(5) of this item, must disclose the steps it
has taken or will take, if any, since the end of the period covered in
its most recent prior Conflict Minerals Report to mitigate the risk
that its necessary conflict minerals benefit armed groups, including
any steps to improve its due diligence.
    (iv) For the temporary period specified in Instruction 2 to Item
1.01, following its exercise of appropriate due diligence, a registrant
with products that are ``DRC conflict undeterminable'' is not required
to obtain an independent private sector audit of its Conflict Minerals
Report regarding the conflict minerals that the registrant is unable to
determine did not originate in the Democratic Republic of the Congo or
an adjoining country, or that the registrant is unable to determine did
not directly or indirectly finance or benefit armed groups in the
Democratic Republic of the Congo or an adjoining country.
    (v) If a nationally or internationally recognized due diligence
framework does not exist for a necessary conflict mineral, until such a
framework is developed, the registrant is required to exercise
appropriate due diligence in determining the source and chain of
custody of the necessary conflict mineral, including whether the
conflict mineral is from recycled or scrap sources, without the benefit
of a due diligence framework. If a nationally or internationally
recognized due diligence framework becomes available for the necessary
conflict mineral prior to June 30 of a calendar year, the registrant
must use that framework in the subsequent calendar year. If the due
diligence guidance does not become available until after June 30 of a
calendar year, the registrant is not required to use that framework
until the second calendar year after the framework becomes available to
provide a full calendar year before implementation. If no nationally or
internationally recognized due diligence framework is available for a
particular conflict mineral from recycled or scrap sources, the due

diligence inquiry regarding the conflict mineral focuses on whether the
conflict mineral is from recycled or scrap sources. In addition, an
independent private sector audit will not be required for the section
of the Conflict Minerals Report pertaining to the registrant's due
diligence on that recycled or scrap conflict mineral.
    (vi) If the registrant performs due diligence because it has a
reason to believe that its conflict minerals originated in the
Democratic Republic of the Congo or an adjoining country, and as a
result of that due diligence it determines that its conflict minerals
did not originate in the Democratic Republic of the Congo or an
adjoining country (or it determines as a result of that due diligence
that its necessary conflict minerals did come from recycled or scrap
sources), a Conflict Minerals Report and an audit is not required.
    (2) Product Description: Any registrant that manufactures products
or contracts for products to be manufactured that have not been found
to be ``DRC conflict free,'' as defined in paragraph (d)(4) of this
item, must provide a description of those products, the facilities used
to process the necessary conflict minerals in those products, the
country of origin of the necessary conflict minerals in those products,
and the efforts to determine the mine or location of origin with the
greatest possible specificity.
    (i) For the temporary period specified in Instruction 2 to Item
1.01, following its exercise of appropriate due diligence, any
registrant that manufactures products or contracts for products to be
manufactured that are ``DRC conflict undeterminable'' must provide a
description of those products, the facilities used to process the
necessary conflict minerals in those products, if known, the country of
origin of the necessary conflict minerals in those products, if known,
and the efforts to determine the mine or location of origin with the
greatest possible specificity;
    (ii) A registrant is not required to provide the information in
paragraph (c)(2) of this item if the necessary conflict minerals in its
product are solely from recycled or scrap sources because those
products are considered ``DRC conflict free.''
    (d) For the purposes of this item, the following definitions apply:
    (1) Adjoining country. The term adjoining country means a country
that shares an internationally recognized border with the Democratic
Republic of the Congo.
    (2) Armed group. The term armed group means an armed group that is
identified as a perpetrator of serious human rights abuses in annual
Country Reports on Human Rights Practices under sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and
2304(b)) relating to the Democratic Republic of the Congo or an
adjoining country.
    (3) Conflict mineral. The term conflict mineral means:
    (i) Columbite-tantalite (coltan), cassiterite, gold, wolframite, or
their derivatives, which are limited to tantalum, tin, and tungsten,
unless the Secretary of State determines that additional derivatives
are financing conflict in the Democratic Republic of the Congo or an
adjoining country; or
    (ii) Any other mineral or its derivatives determined by the
Secretary of State to be financing conflict in the Democratic Republic
of the Congo or an adjoining country.
    (4) DRC conflict free. The term DRC conflict free means that a
product does not contain conflict minerals necessary to the
functionality or production of that product that directly or indirectly
finance or benefit armed groups, as defined in paragraph (d)(2) of this
item, in the Democratic Republic of the Congo or an adjoining country.
Conflict minerals that a registrant obtains from recycled or scrap
sources, as defined in paragraph (d)(6) of this item, are considered
DRC conflict free.
    (5) DRC conflict undeterminable. The term DRC conflict
undeterminable means, with respect to any product manufactured or
contracted to be manufactured by a registrant, that the registrant is
unable to determine, after exercising due diligence as required by
paragraph (c)(1) of this item, whether or not such product qualifies as
DRC conflict free.
    (6) Conflict Minerals from Recycled or Scrap Sources. Conflict
minerals are considered to be from recycled or scrap sources if they
are from recycled metals, which are reclaimed end-user or post-consumer
products, or scrap processed metals created during product
manufacturing. Recycled metal includes excess, obsolete, defective, and
scrap metal materials that contain refined or processed metals that are
appropriate to recycle in the production of tin, tantalum, tungsten
and/or gold. Minerals partially processed, unprocessed, or a bi-product
from another ore will not be included in the definition of recycled
metal.
    (7) Outside the Supply Chain. A conflict mineral is considered
outside the supply chain after any columbite-tantalite, cassiterite,
and wolframite minerals, or their derivatives, have been smelted; any
gold has been fully refined; or any conflict mineral, or its
derivatives, that have not been smelted or fully refined are located
outside of the Democratic Republic of the Congo or an adjoining
country.
    (8) Nationally or internationally recognized due diligence
framework. The term ``nationally or internationally recognized due
diligence framework'' means a nationally or internationally recognized
due diligence framework established following due-process procedures,
including the broad distribution of the framework for public comment,
and is consistent with the criteria standards in the Government
Auditing Standards established by the Comptroller General of the United
States.

Item 1.02 Exhibit

    Registrants shall file, as an exhibit to this Form SD, the Conflict
Minerals Report required by Item 1.01.

Instructions to Item 1.01

    (1) A registrant that mines conflict minerals would not be
considered to be manufacturing those minerals for the purpose of this
item. The specialized disclosure report on Form SD shall cover a
calendar year, regardless of the registrant's fiscal year, and be due
annually on May 31 for the prior calendar year.
    (2) During the first two calendar years following November 13, 2012
for all registrants and the first four calendar years for any smaller
reporting company, a registrant will not be required to submit an audit
report of its Conflict Minerals Report prepared by an independent
private sector auditor with respect to the conflict minerals in any of
its products that are ``DRC conflict undeterminable.'' Beginning with
the third or fifth reporting calendar year, as applicable, a registrant
with products manufactured or contracted to be manufactured that are
``DRC conflict undeterminable,'' must describe those products as having
not been found to be ``DRC conflict free'' and must provide the
information required in paragraph (c) of this item including the audit
report.
    (3) A registrant that acquires or otherwise obtains control over a
company that manufactures or contracts to manufacture products with
conflict minerals necessary to the functionality or production of those
products that previously had not been obligated to provide a
specialized disclosure report with respect to its conflict minerals
will be permitted to delay reporting on the products manufactured by
the acquired company until the end of the first reporting calendar year
that begins no

sooner than eight months after the effective date of the acquisition.
    (4) A registrant is not required to provide any information
regarding its conflict minerals that, prior to January 31, 2013, are
located outside of the supply chain, as defined by paragraph (d)(7) of
this item.
    (5) A registrant must provide its required conflict minerals
information for the calendar year in which the manufacture of a product
that contains any conflict minerals necessary to the functionality or
production of that product is completed, irrespective of whether the
registrant manufactures the product or contracts to have the product
manufactured.

Section 2--Exhibits

Item 2.01 Exhibits

    List below the following exhibit filed as part of this report.

Exhibit 1.01--Conflict Minerals Report as required by Items 1.01 and
1.02 of this Form.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf
by the duly authorized undersigned.

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(Registrant)

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By (Signature and Title)*

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(Date)

* Print name and title of the registrant's signing executive officer
under his or her signature.
* * * * *

     Dated: August 22, 2012.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-21153 Filed 9-11-12; 8:45 am]
BILLING CODE 8011-01-P