[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Rules and Regulations]
[Pages 62461-62463]
[FR Doc No: 2023-19559]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0709]
RIN 1625-AA00

Safety Zone; Atlantic Ocean, Tybee Island, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Savannah River during the Air National Guard F-
22A Raptor aircraft demonstration event. The safety zone is necessary
to ensure the safety of persons, vessels, and the marine environment
during the event. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Savannah or a designated representative.

DATES: This rule is effective from 10 a.m. through 1 p.m. on September
13, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0709 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Anthony Harris, Shoreside
Compliance, Marine Safety Unit Savannah, U.S. Coast Guard; telephone
912-652-4353, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The Coast Guard did not receive final
details of the event until August 22, 2023, and the event is scheduled
to take place on September 13, 2023. The event would begin before the
rulemaking process would be completed. Because of the dangers posed by
the aerial demonstration of the Air National Guard's F-22A Raptor
aircraft, a safety zone is necessary without delay to ensure the safety
of persons, vessels, and the marine

environment. It is impracticable and contrary to the public interest to
delay this rule because it is necessary to protect personnel, vessels,
and the marine environment from potential hazards created by the aerial
demonstration of the F-22A Raptor aircraft.
    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 of
this rule would be impracticable because it is necessary to protect
personnel, vessels, and the marine environment from potential hazards
created by the aerial demonstration of the F-22A Raptor aircraft.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) Savannah has determined that
potential hazards associated with the Air National Guard's aerial
demonstration of the F-22A Raptor aircraft will be a safety concern for
anyone located within Tybee Island and certain waters of the navigable
waters of the Savannah River. This rule is necessary to ensure the
safety of persons, vessels, and the marine environment during the Air
National Guard's F-22A Raptor demonstration event.

IV. Discussion of the Rule

    This rule establishes a safety zone on on certain navigable waters
located within the line connecting points beginning at
31[deg]59'43.62'' N, 080[deg]49'58.74'' W, thence to 31[deg]58'56.66''
N, 080[deg]50'16.73'' W, thence to 31[deg]59'5.73'' N,
080[deg]50'49.50'' W, thence to 31[deg]59'52.64'' N, 080[deg]50'31.52''
W, and back to the beginning point, during the Air National Guard's
aerial demonstration of the F-22A Raptor aircraft. The safety zone will
be enforced from 10:00 a.m. to 1:00 p.m. on September 13, 2023. No
person or vessel will be permitted to enter, transit through, anchor
in, or remain within the safety zone without obtaining permission from
the COTP or a designated representative. If authorization to enter,
transit through, anchor in, or remain within the safety zone is granted
by the COTP or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
COTP or a designated representative. The Coast Guard will provide
notice of the safety zone by Broadcast Notice to Mariners, and/or by
on-scene designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the location,
duration, and time-of-day of the safety zone. This rule involves a
safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable waters of the Atlantic Ocean during an aerial
demonstration lasting three hours. Although persons and vessels may not
enter, transit through, anchor in, or remain within the zone without
authorization from the COTP or a designated representative, they will
be able to safely transit around the safety zone. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable waters of the Atlantic Ocean located within the line
connecting points beginning at 31[deg]59'43.62'' N, 080[deg]49'58.74''
W, thence to 31[deg]58'56.66'' N, 080[deg]50'16.73'' W, thence to
31[deg]59'5.73'' N, 080[deg]50'49.50'' W, thence to 31[deg]59'52.64''
N, 080[deg]50'31.52'' W, and back to the beginning point, during Air
National Guard's aerial demonstration of the F-22A Raptor aircraft
lasting three hours. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T07-0709 to read as follows:

Sec.  165.T07-0709  Safety Zone; Atlantic Ocean, Tybee Island, GA.

    (a) Location. The following regulated area is a safety zone: All
waters of the Atlantic Ocean, located within the line connecting points
beginning at 31[deg]59'43.62'' N, 080[deg]49'58.74'' W, thence to
31[deg]58'56.66'' N, 080[deg]50'16.73'' W, thence to 31[deg]59'5.73''
N, 080[deg]50'49.50'' W, thence to 31[deg]59'52.64'' N,
080[deg]50'31.52'' W, and back to the beginning point. All coordinates
are World Geodetic System 1984 (WGS 84).
    (b) Definition. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Savannah (COTP) in the enforcement of the safety
zone.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or a designated representative.
    (2) Persons or vessels desiring to enter, transit through, anchor
in, or remain within the safety zone may contact COTP by telephone at
912-247-0073, or a designated representative via VHF radio on channel
16, to request authorization. If authorization is granted, all persons
and vessels receiving such authorization must comply with the
instructions of the COTP Savannah or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners via VHF-FM channel 16, and/or by on-scene
designated representatives.
    (d) Enforcement period. This section will be enforced from 10 a.m.
to 1 p.m. on September 13, 2023.

    Dated: September 1, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2023-19559 Filed 9-11-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Notices]
[Page 57211]
[FR Doc No: 2013-22563]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In December
2012, there was one application approved. Additionally, one approved
amendment to a previously approved application is listed.

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SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR Part 158). This notice is
published pursuant to paragraph d of Sec.  158.29.

PFC Applications Approved

    Public Agency: Louisville Regional Airport Authority, Louisville,
Kentucky.
    Application Number: 12-07-C-00-SDF.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $2,250,000.
    Earliest Charge Effective Date: December 1, 2016.
    Estimated Charge Expiration Date: April 1, 2017.
    Class of Air Carriers Not Required To Collect PFC'S:
    Air taxi commercial operators filing FAA Form 1800-31 which operate
at Louisville International Airport (SDF).
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at SDF.
    Brief Description of Projects Approved for Collection and Use:
    Jet bridges acquisition.
    Jet bridges rehabilitation and installation of pre-conditioned air
units.
    Decision Date: December 10, 2012.

FOR FURTHER INFORMATION CONTACT: Cynthia Wills, Memphis Airports
District Office,<PHONE_NUMBER>.

                                                               Amendments to PFC Approvals
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Original         Amended
                                                                        Amendment         Original         Amended         estimated        estimated
                     Amendment No., City, State                       approved date     approved net     approved net     charge  exp.     charge  exp.
                                                                                PFC revenue      PFC revenue          date             date
--------------------------------------------------------------------------------------------------------------------------------------------------------
09-03-C-01-CLT, Charlotte, NC......................................        11/30/12      $80,765,972      $79,265,972         07/01/20         07/01/20
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on September 4, 2013.
Joe Hebert,
Manager, Financial Analysis and Passenger Facility Charge Branch.
[FR Doc. 2013-22563 Filed 9-16-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Rules and Regulations]
[Pages 24058-24060]
[FR Doc No: 2022-08392]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2021-0672; FRL-9558-02-R1]

Air Plan Approval; New Hampshire; Boston-Manchester-Portsmouth
Area Second 10-Year Limited Maintenance Plan for 1997 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire. On July 29, 2021, the State submitted its 1997 ozone
national ambient air quality standards (NAAQS) Limited Maintenance Plan
(LMP) for the Boston-Manchester-Portsmouth (Portsmouth) area. EPA is
approving the Portsmouth area LMP because it provides for the
maintenance of the 1997 ozone NAAQS through the end of the second 10-
year portion of the maintenance period. The effect of this action will
be to make certain commitments related to maintenance of the 1997 ozone
NAAQS in the Portsmouth maintenance area part of the New Hampshire SIP
and therefore federally enforceable. This action is being taken in
accordance with the Clean Air Act.

DATES: This rule is effective on May 23, 2022.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2021-0672. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that, if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617)
918-1628, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 1, 2022 (87 FR 11373), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of New Hampshire.
    The NPRM proposed approval of the State's 1997 ozone national
ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP)
for the Boston-Manchester-Portsmouth (Portsmouth) area. The formal SIP
revision was submitted by New Hampshire on July 29, 2021. The
Portsmouth area 8-hour ozone nonattainment area in the southeastern-
most portion of the state includes 52 cities and towns with a combined
population of 729,071 in Hillsborough, Merrimack, Rockingham and
Strafford counties. On June 15, 2004, the Portsmouth area was
designated as nonattainment for the 1997 ozone NAAQS. On March 4, 2013,
the area was redesignated to attainment with that standard.
    The Portsmouth area's LMP for the 1997 ozone NAAQS submitted by the
New Hampshire Department of Environmental Services (DES) is designed to
maintain the 1997 ozone NAAQS within this area through the end of the
second ten-year period of the maintenance period. We are approving the
plan because it meets all applicable requirements under CAA sections
110 and 175A. Other specific requirements of the LMP and the rationale
for EPA's proposed action are explained in the NPRM and will not be
restated here. No public comments were received on the NPRM.

II. Final Action

    EPA is approving the New Hampshire 1997 ozone national ambient air
quality standards (NAAQS) Limited Maintenance Plan for the Boston-
Manchester-Portsmouth area as a revision to the New Hampshire SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 21, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 14, 2022.
David Cash,
Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart EE--New Hampshire

0
2. In Sec.  52.1520(e) amend the table by adding entries for ``Boston-
Manchester-Portsmouth Area Second 10-Year Limited Maintenance Plan for
1997 Ozone NAAQS'' and ``Letter from New Hampshire and attachment G
Amendment'' at the end of the table to read as follows:

Sec.  52.1520   Identification of plan.

* * * * *
    (e) * * *

                                          New Hampshire Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                                             State
    Name of nonregulatory SIP           Applicable         submittal     EPA approved date
            provision                 geographic or          date/              \1\              Explanations
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Boston-Manchester-Portsmouth Area  Boston-Manchester-        7/29/2021  4/22/2022 [Insert    Approval for 2nd 10-
 Second 10-Year Limited             Portsmouth                           Federal Register     year LMP for 1997
 Maintenance Plan for 1997 Ozone    Maintenance Area.                    citation].           ozone NAAQS.
 NAAQS.
Letter from New Hampshire and      Boston-Manchester-       12/23/2021  4/22/2022 [Insert    Supplemental
 attachment G Amendment.            Portsmouth                           Federal Register     information for
                                    Maintenance Area.                    citation].           2nd 10-year LMP
                                                                                for 1997 ozone
                                                                                NAAQS.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

[FR Doc. 2022-08392 Filed 4-21-22; 8:45 am]
BILLING CODE 6560-50-P


14,300
                                                                           -
                                                                           -
                                                                        19,200
                                                                             $0
                                                                     $2,151,000
Prepare a Contingency Plan
                                                                         3,155
                                                                        16,700
                                                                           -
                                                                         4,632
                                                                        24,500
                                                                             $0
                                                                     $1,095,000
Submit Information in the Event of Certain Discharges of Oil
                                                                             7
                                                                             7
                                                                           -
                                                                           -
                                                                            15
                                                                             $0
                                                                         $1,160
Revise the SPCC Plan
                                                                            17
                                                                           102
                                                                           -
                                                                            14
                                                                           132
                                                                             $0
                                                                        $30,400
Maintain the SPCC Plan and Keep Records
                                                                           -
                                                                        17,600
                                                                           -
                                                                           -
                                                                        17,600
                                                                             $0
                                                                     $1,389,000
TOTAL
                                                                         8,017
                                                                        48,800
                                                                           -
                                                                         4,645
                                                                        61,500
                                                                             $0
                                                                     $4,667,000
[1] Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one-year period. The numbers in this exhibit may not add precisely due to rounding.

[2] Annual costs are rounded to the three significant figures.
[3] The burden of reviewing and revising the SPCC Plan for a Tier I facility is assumed to be no more than that of preparing a new SPCC Plan using the Template, and is assumed to occur once every 5 years.

Exhibit 15
            Total Annual Burden and Costs for All Other Facilities
                         Average Category I Facilities
 Activity
                            Annual Burden Hours[1]
                              Total Burden Hours
                                   PE Costs
                                    (2015$)
                            Annual Cost (2015$)[2]

                                  Management
                                   Technical
                                    Drafter
                                   Clerical

Existing Facilities
Review the SPCC Plan
                                                                        17,100
                                                                       132,900
                                                                           -
                                                                        17,100
                                                                       167,200
                                                                             $0
                                                                    $17,161,000
Submit Information in the Event of Certain Discharges of Oil
                                                                            71
                                                                            71
                                                                           -
                                                                           -
                                                                           142
                                                                             $0
                                                                        $11,400
Revise the SPCC Plan
                                                                        14,400
                                                                        86,400
                                                                           -
                                                                        11,500
                                                                           -
                                                                             $0
                                                                    $25,828,000
Maintain the SPCC Plan and Keep Records
                                                                           -
                                                                       127,900
                                                                           -
                                                                           -
                                                                       127,900
                                                                             $0
                                                                    $10,089,000
TOTAL
                                                                        31,600
                                                                       347,300
                                                                           -
                                                                        28,600
                                                                       295,200
                                                                             $0
                                                                    $53,090,000
New Facilities
Prepare an SPCC Plan
                                                                         2,468
                                                                        37,000
                                                                        13,700
                                                                         4,970
                                                                        58,100
                                                                             $0
                                                                     $5,688,000
Prepare a Contingency Plan
                                                                           896
                                                                         4,755
                                                                           -
                                                                         1,315
                                                                         6,966
                                                                             $0
                                                                       $311,000
Submit Information in the Event of Certain Discharges of Oil
                                                                             2
                                                                             2
                                                                           -
                                                                           -
                                                                             4
                                                                             $0
                                                                           $330
Revise the SPCC Plan
                                                                             5
                                                                            29
                                                                           -
                                                                             4
                                                                            38
                                                                             $0
                                                                         $8,623
Maintain the SPCC Plan and Keep Records
                                                                           -
                                                                         5,002
                                                                           -
                                                                           -
                                                                         5,002
                                                                             $0
                                                                       $395,000
TOTAL
                                                                         3,371
                                                                        46,700
                                                                        13,700
                                                                         6,289
                                                                        70,100
                                                                             $0
                                                                     $6,402,000
[1] Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one-year period. The numbers in this exhibit may not add precisely due to rounding.

[2] Annual costs are rounded to the three significant figures.
Exhibit 16
               Total Annual Burden and Costs for All Facilities
                        Average Category II Facilities
 Activity
                            Annual Burden Hours[1]
                              Total Burden Hours
                                   PE Costs
                                    (2015$)
                            Annual Cost (2015$)[2]

                                  Management
                                   Technical
                                    Drafter
                                   Clerical

Existing Facilities
Review the SPCC Plan
                                                                        61,500
                                                                       921,800
                                                                           -
                                                                        61,500
                                                                     1,044,700
                                                                             $0
                                                                   $109,123,000
Submit Information in the Event of Certain Discharges of Oil
                                                                           346
                                                                           346
                                                                           -
                                                                           -
                                                                           691
                                                                             $0
                                                                        $55,300
Revise the SPCC Plan
                                                                        99,900
                                                                       599,100
                                                                           -
                                                                        79,900
                                                                       778,900
                                                                    $92,646,000
                                                                   $172,955,000
Maintain the SPCC Plan and Keep Records
                                                                           -
                                                                       846,000
                                                                           -
                                                                           -
                                                                       846,000
                                                                             $0
                                                                    $66,747,000
TOTAL
                                                                       161,700
                                                                     2,367,300
                                                                           -
                                                                       141,300
                                                                     2,670,300
                                                                    $92,646,000
                                                                   $348,880,000
New Facilities
Prepare an SPCC Plan
                                                                        24,300
                                                                       337,100
                                                                       131,200
                                                                        44,200
                                                                       536,800
                                                                    $19,120,000
                                                                    $71,852,000
Prepare a Contingency Plan
                                                                         5,682
                                                                        30,200
                                                                           -
                                                                         8,342
                                                                        44,200
                                                                             $0
                                                                     $1,973,000
Submit Information in the Event of Certain Discharges of Oil
                                                                            13
                                                                            13
                                                                           -
                                                                           -
                                                                            26
                                                                             $0
                                                                         $2,090
Revise the SPCC Plan
                                                                            41
                                                                           249
                                                                           -
                                                                            33
                                                                           323
                                                                        $38,300
                                                                        $71,600
Maintain the SPCC Plan and Keep Records
                                                                           -
                                                                        11,700
                                                                           -
                                                                           -
                                                                        11,700
                                                                             $0
                                                                       $925,000
TOTAL
                                                                        30,000
                                                                       379,300
                                                                       131,200
                                                                        52,600
                                                                       593,000
                                                                    $19,158,000
                                                                    $74,823,000
[1] Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one-year period. The numbers in this exhibit may not add precisely due to rounding.

[2] Annual costs are rounded to the three significant figures.
Exhibit 17
               Total Annual Burden and Costs for All Facilities
                        Average Category III Facilities
 Activity
                            Annual Burden Hours[1]
                              Total Burden Hours

                                   PE Costs
                                    (2015$)
                            Annual Cost (2015$)[2]

                                  Management
                                   Technical
                                    Drafter
                                   Clerical

Existing Facilities
Review the SPCC Plan
                                                                        37,200
                                                                       558,500
                                                                           -
                                                                        37,200
                                                                       633,000
                                                                             $0
                                                                    $66,123,000
Submit Information in the Event of Certain Discharges of Oil
                                                                           113
                                                                           113
                                                                           -
                                                                           -
                                                                           226
                                                                             $0
                                                                        $18,100
Revise the SPCC Plan
                                                                        60,500
                                                                       363,100
                                                                           -
                                                                        48,400
                                                                       472,000
                                                                    $55,809,000
                                                                   $104,472,000
Maintain the SPCC Plan and Keep Records
                                                                           -
                                                                       337,200
                                                                           -
                                                                           -
                                                                       337,200
                                                                             $0
                                                                    $26,604,000
TOTAL
                                                                        97,900
                                                                     1,258,900
                                                                           -
                                                                        85,600
                                                                     1,442,400
                                                                    $55,809,000
                                                                   $197,217,000
New Facilities
Prepare an SPCC Plan
                                                                        15,100
                                                                       197,700
                                                                        81,700
                                                                        16,200
                                                                       310,700
                                                                    $11,161,000
                                                                    $41,728,000
Prepare a Contingency Plan
                                                                         1,777
                                                                         9,432
                                                                           -
                                                                         2,608
                                                                        13,800
                                                                             $0
                                                                       $617,000
Submit Information in the Event of Certain Discharges of Oil
                                                                             4
                                                                             4
                                                                           -
                                                                           -
                                                                             8
                                                                             $0
                                                                           $654
Revise the SPCC Plan
                                                                            24
                                                                           146
                                                                           -
                                                                            19
                                                                           190
                                                                            $46
                                                                             $0
Maintain the SPCC Plan and Keep Records
                                                                           -
                                                                         5,244
                                                                           -
                                                                           -
                                                                         5,244
                                                                             $0
                                                                       $414,000
TOTAL
                                                                        16,900
                                                                       212,500
                                                                        81,700
                                                                        18,800
                                                                       330,000
                                                                    $11,161,000
                                                                    $42,759,000
[1] Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one-year period. The numbers in this exhibit may not add precisely due to rounding.

[2] Annual costs are rounded to the three significant figures.

Exhibit 18
               Total Annual Burden and Costs for All Facilities
                        Average Category IV Facilities
 Activity
                            Annual Burden Hours[1]
                              Total Burden Hours
                                   PE Costs
                                    (2015$)
                            Annual Cost (2015$)[2]

                                  Management
                                   Technical
                                    Drafter
                                   Clerical

Existing Facilities
Review the SPCC Plan
                                                                         2,855
                                                                        43,100
                                                                           -
                                                                         2,855
                                                                        48,800
                                                                             $0
                                                                     $5,101,000
Submit Information in the Event of Certain Discharges of Oil
                                                                             5
                                                                             5
                                                                           -
                                                                           -
                                                                            10
                                                                             $0
                                                                           $792
Revise the SPCC Plan
                                                                         4,734
                                                                        27,800
                                                                           -
                                                                         3,712
                                                                        36,300
                                                                     $4,320,000
                                                                     $8,063,000
Maintain the SPCC Plan and Keep Records
                                                                         1,178
                                                                        38,900
                                                                           -
                                                                         2,355
                                                                        42,400
                                                                             $0
                                                                     $2,845,000
TOTAL
                                                                         8,772
                                                                       109,800
                                                                           -
                                                                         8,922
                                                                       127,500
                                                                     $4,320,000
                                                                    $16,010,000
New Facilities
Prepare an SPCC Plan
                                                                         1,035
                                                                        12,000
                                                                         3,894
                                                                         1,289
                                                                        18,200
                                                                       $697,000
                                                                     $2,495,000
Prepare a Contingency Plan
                                                                            62
                                                                           330
                                                                           -
                                                                            91
                                                                           483
                                                                             $0
                                                                        $21,600
Submit Information in the Event of Certain Discharges of Oil
                                                                             0
                                                                             0
                                                                           -
                                                                           -
                                                                             0
                                                                             $0
                                                                            $23
Revise the SPCC Plan
                                                                             2
                                                                             9
                                                                           -
                                                                             1
                                                                            12
                                                                         $1,408
                                                                         $2,629
Maintain the SPCC Plan and Keep Records
                                                                           -
                                                                           670
                                                                           -
                                                                           -
                                                                           670
                                                                             $0
                                                                        $52,800
TOTAL
                                                                         1,099
                                                                        13,000
                                                                         3,894
                                                                         1,381
                                                                        19,400
                                                                       $698,000
                                                                     $2,572,000
[1] Unit burden estimates are estimated totals, rounded to the nearest three significant figures of an hour, based on the distribution of storage and production facilities and the number of facilities estimated to perform each activity during the one-year period. The numbers in this exhibit may not add precisely due to rounding.

[2] Annual costs are rounded to the three significant figures.

 6(f)	Bottom Line Burden and Cost Tables

 	The total estimated burden hours and costs incurred by all new and existing facilities are summarized in Exhibit 19. The exhibit shows the burden and cost components for each year of this ICR, along with total and annualized costs.

Exhibit 19
                Estimated Total Burden and Costs for Facilities
                                     Year
                         Total Burden (million hours)
                         Total Cost (2015$, millions)

                                     Labor
                                    O&M
                                     Total
First
                                                                            6.1
                                                                          $607
                                                                          $182
                                                                          $789
Second
                                                                            6.2
                                                                          $613
                                                                          $184
                                                                          $797
Third
                                                                            6.3
                                                                          $619
                                                                          $186
                                                                          $805
TOTAL
                                                                           18.6
                                                                        $1,840
                                                                          $551
                                                                        $2,392
ANNUALIZED
                                                                            6.2
                                                                          $613
                                                                          $184
                                                                          $797

 6(g) 	Reasons for the Change in Burden

	Differences in burden and costs from the previous ICR are attributed to adjustments for wage rates and the projected universe of facilities over the covered period 2017 through 2019. Adjustments capture updates to the number of affected facilities and wages. The number of affected facilities changed in part due to the WRRDA of 2014 which, as described above, provides exemptions for certain farms based on aggregate oil storage capacity, container sizes, and reportable discharge history. As a result, EPA estimated that approximately 123,900 farms will not have to prepare or maintain an SPCC Plan and this is reflected in the estimate of farms subject to SPCC in 2016 and projected over the 2017  -  2019 ICR period. EPA estimates that there will be 127,000 fewer responses as a result of these adjustments. The change was not discretionary.

	Exhibit 20 presents the annual burden hours and costs. In total, the burden hours presented in this ICR have decreased relative to the current OMB inventory. The new burden estimate shows a net annual decrease of approximately 2.6 million hours, due to the net change in the universe of regulated facilities and changes in the reporting and recordkeeping burden for farms eligible for Plan self-certification under the WRRDA of 2014.

Exhibit 20
      Total Estimated Annual Burden Hours and Annualized Costs Comparison

                              Annual Burden Hours
                                O&M Costs
                                  (Thousands)
Current OMB Inventory Burden
                                                                      8,798,900
                                                                       $186,700
Change in Burden

                                                                     -2,601,500
                                                                        -$2,900
SPCC Final Rule Collection Burden
                                                                      6,197,400
                                                                      $183,800

 	The exhibits below present the change in burden (hours and costs) as compared to the burden estimates currently approved by OMB. The exhibits show change in burden for all facilities, except for facilities owned or operated by the federal governments (Exhibit 21) and separately for Private facilities (Exhibit 22) and State and Local Government facilities (Exhibit 23).
Exhibit 21
 Total Estimated Annual Burden and Costs Comparison: All Respondent Facilities

                                Total Requested
                         Change Due to EPA Discretion
                              Due to EPA Estimate
                              Currently Approved
Annual Responses
                                                                       542,100
                                                                    0
                                                                      -127,900
                                                                        670,000
Annual Hour Burden
                                                                     6,180,100
                                                                              0
                                                                     -2,618,900
                                                                      8,798,900
Annual Cost Burden (Capital/Startup and O&M costs)
                                                                   $183,160,300
                                                                             $0
                                                                     -3,514,500
                                                                   $186,674,800
Exhibit 22
    Total Estimated Annual Burden and Costs Comparison: Private Facilities

                                Total Requested
                         Change Due to EPA Discretion
                              Due to EPA Estimate
                              Currently Approved
Annual Responses
                                                                       541,600
                                                                              0
                                                                       -127,800
                                                                       669,400
Annual Hour Burden
                                                                     6,177,300
                                                                              0
                                                                     -2,613,700
                                                                     8,791,000
Annual Cost Burden (Capital/Startup and O&M costs)
                                                                   $183,160,300
                                                                              0
                                                                   -$3,346,500
                                                                  $186,506,800

Exhibit 23
Total Estimated Annual Burden and Costs Comparison: State and Local Government Facilities

                                Total Requested
                         Change Due to EPA Discretion
                              Due to EPA Estimate
                              Currently Approved
Annual Responses
                                                                           528
                                                                              0
                                                                           -75
                                                                           603
Annual Hour Burden
                                                                          2767
                                                                              0
                                                                         -5151
                                                                         7,918
Annual Cost Burden (Capital/Startup and O&M costs)
                                                                            $0
                                                                              0
                                                                     -$168,000
                                                                      $168,000

 Annual Respondent Burden

 Respondents
 Hours
 O&M
 Private
 541,572
 6,177,343
 $183,160,295
 State/Local
 528
 2,767
 $0
 Total
 542,100
 6,180,110
 $183,160,295

 Total respondent annual cost for this collection is $797,257,493.

 6(h) 	Burden Statement

      The annual public reporting and recordkeeping burden for this collection of information is about 11 hours per response. For newly regulated facilities it is estimated to range from 13 to 203 hours per facility, with an average burden of approximately 57 hours per response. The net annual public reporting and recordkeeping burden for facilities already regulated by the rule is estimated to range from 4 to 39 hours, with an average burden of approximately 10 hours.

	Burden means 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. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and chapter 15 of 48 CFR.

	To comment on EPA's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OPA-2007-0584, which is available for online viewing at www.regulations.gov, or in person viewing at the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Superfund Docket is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, comments can be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OPA-2007-0584 and OMB Control Number 2050-0021 in any correspondence.


[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46261-46263]
[FR Doc No: 2015-19069]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-24-000]

WBI Energy Transmission, Inc.; Notice of Intent To Prepare an
Environmental Assessment for the Planned Demicks Lake Pipeline Project
and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Demicks Lake Pipeline Project
(Project) involving construction and operation of facilities by WBI
Energy Transmission, Inc (WBI Energy) in McKenzie County, North Dakota.
The Commission will use this EA 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 on the project. You can make a difference by providing us with
your specific comments or concerns about the project. 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 EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before August 27, 2015.
    If you sent comments on this project to the Commission before the
opening of this docket on May 13, 2015, you will need to file those
comments in Docket No. PF15-24-000 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 planned
project and encourage them to comment on their areas of concern.
    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 planned facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings.

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This 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 on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. 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.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(PF15-24-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Planned Project

    WBI Energy plans to construct and operate 22.7 miles of 24-inch-
diameter natural gas pipeline and appurtenant facilities between a
proposed non-jurisdictional gas plant, ONEOK Rockies Midstream LLC's
(ONEOK) Demicks Lake Plant, located west of Keene, North Dakota and a
tie-in along Northern Border Pipeline Company's (Northern Border)
existing mainline located approximately 8 miles southeast of Watford
City, North Dakota. The Project would provide approximately 221,500
Mmcf/d (million standard cubic feet per day) of natural gas
transportation capacity to Northern Border's mainline, which would
transport the gas to the midcontinent region of the United States. The
maximum allowable operating pressure of the new pipeline would be 1,650
pounds per square inch gauge.
    The Demicks Lake Pipeline Project would consist of the following
facilities:
     22.7 miles of 24-inch-diameter natural gas pipeline;
     a meter station located at milepost (MP) 22.7 at the site
of ONEOK's Demicks Lake Plant;
     two pig launcher/receivers at MP 0.0 and MP 22.7; and
     one mid-point block valve located at approximately MP
10.7.
    WBI Energy also proposes to construct a 3,300-foot-long, 16- to 24-
inch-diameter tie across pipeline between the proposed 24-inch-diameter
Demicks Lake pipeline and WBI Energy's existing 16-inch-diameter Garden
Creek II pipeline just south of Highway 23. The tie across pipeline
facilities would consist of a block valve on both of the Demicks Lake
pipeline and the Garden Creek II pipeline, a pig launcher at both ends
of the tie across pipeline, and a metering facility at one end of the
tie across pipeline.\1\
---------------------------------------------------------------------------

    \1\ The decision to construct the tie across pipeline and
associated facilities is still under review by WBI Energy and is not
shown on Project maps.
---------------------------------------------------------------------------

    The general location of the Project facilities is shown in appendix
1.\2\
---------------------------------------------------------------------------

    \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'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the planned facilities would disturb about 266
acres of land for the pipeline and aboveground facilities. Following
construction, WBI Energy would maintain about 133 acres of land for
permanent operation of the Project's facilities; the remaining land
would be restored and revert to former uses. About 67 percent of the
planned pipeline route parallels existing pipeline, utility, or road
rights-of-way.

Non-Jurisdictional Facilities

    Construction of ONEOK's proposed Demicks Lake Plant is not subject
to FERC jurisdiction. However, in the EA, we will provide available
descriptions of the non-jurisdictional facilities and include them
under our analysis of cumulative impacts. The plant would be located
west of Keene, North Dakota. As proposed, the plant would be
constructed on a plot of approximately 160 acres located in the NE \1/
4\ of Section 20, Township 151 North, Range 96 West in McKenzie County.
Construction of the plant would include the installation of underground
piping, above ground piping, and above ground gas processing
facilities.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA/EIS we will discuss impacts that could occur as a result
of the construction and operation of the planned project under these
general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     public safety; and
     cumulative impacts.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders

and to identify and resolve issues before the FERC receives an
application. As part of our pre-filing review, we have begun to contact
some federal and state agencies to discuss their involvement in the
scoping process and the preparation of the EA.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Directions for
use of eLibrary are provided on page 6 under Additional Information.
Depending on the comments received during the scoping process, we may
also publish and distribute the EA to the public for an allotted
comment period. We will consider all comments on the EA before we make
our recommendations to the Commission. To ensure we have the
opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section, beginning
on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this project to formally cooperate with us in the
preparation of the EA.\4\ 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.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations 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, we are 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.\5\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO(s) as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
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    \5\ The Advisory Council on Historic Preservation 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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Environmental Mailing List

    The environmental mailing list 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 project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned project.
    Copies of the EA will be sent to the environmental mailing list for
public review and comment. If you would prefer to receive a paper copy
of the document instead of the CD version or would like to remove your
name from the mailing list, please return the attached Information
Request (appendix 2).

Becoming an Intervenor

    Once WBI Energy files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site. Please note that the Commission will not accept requests for
intervenor status at this time. You must wait until the Commission
receives a formal application for the project.

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 Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF15-
24). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. 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.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: July 28, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-19069 Filed 8-3-15; 8:45 am]
BILLING CODE 6717-01P