[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Page 25634]
[FR Doc No: 2022-09343]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5062-048]

Quinebaug Associates, LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 5062-048.
    c. Date Filed: February 28, 2022.
    d. Submitted by: Quinebaug Associates, LLC (QA).
    e. Name of Project: Quinebaug--Five Mile Pond Project (project).
    f. Location: On the Quinebaug and Five Mile Rivers, in Windham
County, Connecticut. No federal lands are occupied by the project works
or located within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 and 5.5 of the Commission's
regulations.
    h. Potential Applicant Contact: Celeste Fay, Gravity Renewables; 5
Dartmouth Drive, Suite 104, Auburn, NH 03032;<PHONE_NUMBER>; or email
at [email protected].
    i. FERC Contact: Amanda Gill at<PHONE_NUMBER>; or email at
[email protected].
    j. QA filed its request to use the Traditional Licensing Process on
February 28, 2022, and provided public notice of its request on the
same day. In a letter dated April 26, 2022, the Director of the
Division of Hydropower Licensing approved QA's request to use the
Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the Connecticut State Historic Preservation Officer,
as required by section 106 of the National Historic Preservation Act,
and the implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating QA as the Commission's non-
federal representative for carrying out informal consultation pursuant
to section 7 of the Endangered Species Act and section 305(b) of the
Magnuson-Stevens Fishery Conservation and Management Act; and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. On February 28, 2022, QA filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD may be viewed and/or printed on the
Commission's website (http://www.ferc.gov), using the ``eLibrary''
link. Enter the docket number, excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY).
    o. The licensee states its unequivocal intent to submit an
application for a new license for Project No. 5062. Pursuant to 18 CFR
16.8, 16.9, and 16.10, each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by February 28,
2025.
    p. Register online at https://ferconline.ferc.gov/FERCOnline.aspx
to be notified via email of new filings and issuances related to this
or other pending projects. For assistance, contact FERC Online Support.

    Dated: April 26, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-09343 Filed 4-29-22; 8:45 am]
BILLING CODE 6717-01-P


the regulations.\104\ Golden Triangle states that any time its
personnel enter the right-of-way for periodic routine activities (e.g.,
pipe-to-soil readings, leak patrols, surveillance patrols, meter
station inspections, and walking the pipeline right-of-way), a
landowner will construe that entrance as a maintenance activity.\105\
---------------------------------------------------------------------------

    \104\ MidAmerican Energy's Comments at p. 5 and Golden
Triangle's Comments at p. 9.
    \105\ Golden Triangle's Comments at pp. 9-10.
---------------------------------------------------------------------------

    72. We see no need to craft a definition describing all maintenance
activities, although we can say that we do not share Golden Triangle's
apparent view that an intrusion by company personnel onto a landowner's
property for monitoring purposes is not ``maintenance'' so long as the
monitoring does not lead to any additional activity during the same
intrusion. We consider all of the activities identified by Golden
Triangle to be maintenance. However, as stated above, we are scaling
back the NOPR's proposal so that prior notice to landowners will only
be required for ground disturbing maintenance activities. Thus, while
we believe Golden Triangle's examples are maintenance activities, as
long as these minor activities do not cause ground disturbance, they
will not trigger any Commission requirement for advance notice to
landowners.
6. Burden Resulting From Notification Requirement
    73. Commentors argue that the NOPR did not fully analyze the
expense and burden associated with requiring landowner notification for
auxiliary, replacement, and maintenance activities.\106\ INGAA stresses
that maintenance alone entails hundreds of thousands of property visits
per year, and that to track these activities company personnel would
have to write descriptions of each activity, visit the site to
determine if new residences were installed since the last patrol, hire
a land agent to identify all affected and abutting landowners, and
craft and mail formal letters.\107\
---------------------------------------------------------------------------

    \106\ INGAA's March 2013 Comments at pp. 21-25, Southern Star's
Comments at pp. 5-6, and National Fuel's Comments at p. 2.
    \107\ INGAA's March 2013 Comments at p. 10.
---------------------------------------------------------------------------

    74. Golden Triangle asserts that the expense of complying with the
proposed landowner notification requirements will have a significant
impact on small entities.\108\ Golden Triangle states that compliance
with the landowner notification requirements will include increased
costs to hire either a contractor or full-time employee, to create a
database or purchase specialty software, and to mail out letters to all
of its right-of-way easement holders.\109\
---------------------------------------------------------------------------

    \108\ Golden Triangle claims it is a small entity, which the
Small Business Administration (SBA) Office of Size Standards defines
a natural gas company transporting natural gas as small if its
annual receipts are less than $25.5 million. See 13 CFR Sec.
121.201 (2013), Subsector 486 and SBA's Table of Small Business Size
Standards, effective March 26, 2012, available at: http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.
    \109\ Golden Triangle's Comments at pp. 7-8.
---------------------------------------------------------------------------

    75. WBI Energy and National Fuel argue that the Commission
underestimated the amount of time it will take companies to prepare the
notices.\110\ WBI Energy and INGAA state that the NOPR's estimate that
there will be three times as many maintenance projects as section 2.55
projects is a gross underestimation.\111\ National Fuel insists that
the NOPR's estimate that the entire industry will spend 39,000 hours to
satisfy the notification requirement is low. National Fuel predicts
that it will be required to spend approximately six hours to prepare
and deliver notices to all affected landowners for each maintenance
activity.\112\ Golden Triangle asserts it will spend at least 16 hours
on 250 letters for mowing or noxious weed control, in addition to the
eight hours it estimates will be required to research, update, and
prepare separate letters for abutting landowners.\113\ In addition,
MidAmerican Energy states that the landowner notification requirement
will impose varying burdens on individual pipelines based on the
activity undertaken. For example, it estimates that farm tap
installation and maintenance will require 5,400 letters per year;
check, operate, and lubricate maintenance will require 30,000 letters

per year; and leak detection surveys will require 7,700 letters per
year.\114\
---------------------------------------------------------------------------

    \110\ WBI Energy's Comments at p. 11 and National Fuel's
Comments at p. 4.
    \111\ WBI Energy's Comments at p. 11.
    \112\ National Fuel's Comments at pp. 4-5.
    \113\ Golden Triangle's Comments at p. 9.
    \114\ For maintenance activities on their systems, WBI Energy
estimated it would have to send 19,500 letters, Northern Natural
estimated 45,000 letters, and National Fuel estimated 220,000
letters.
---------------------------------------------------------------------------

    76. We acknowledge that given the wide range of maintenance
activities described by commentors, we may have underestimated the
burden of providing prior notice to landowners that would have resulted
from the NOPR's proposal to require that companies notify landowners,
including abutting landowners, prior to commencing any activities under
section 2.55 or section 380.15. However, as discussed above, we are
limiting the requirement for prior notice to activities that will
involve ground disturbance. In addition, we are eliminating the
proposed requirement that companies give prior notice to abutting
landowners and to landowners with a residence within 50 feet of a
proposed work area.
    77. We believe these modifications to the NOPR's proposed notice
requirements will alleviate the concerns for the majority of the
activities cited by commentors. As a result, we will use a multiplier
of two times the number of all regulated companies' estimated annual
auxiliary installations under section 2.55(a) \115\ as a reasonable
estimate of the total annual number of auxiliary installations,
replacement projects, and maintenance activities that will require
prior notice to landowners because the activities will result in ground
disturbance. We acknowledge that basing the estimated total number of
activities requiring prior notice on regulated companies' estimates of
the number of section 2.55(a) auxiliary installations undertaken
annually is not going to yield the same number as basing our estimate
on on-site surveys or other verifiable data; nevertheless, we believe
our estimate is reasonable and is as accurate an estimate as can be
readily established for purposes of calculating the anticipated burden.
---------------------------------------------------------------------------

    \115\ Based on a survey of nine jurisdictional companies, we
estimate that approximately 7,605 auxiliary installation projects
occur each year.
---------------------------------------------------------------------------

    78. As discussed herein, we are also responding to companies'
concerns that it is often impractical to notify landowners at least 10
days prior to the start of any section 2.55 or section 380.15 activity,
as the NOPR's proposal would have required. By requiring that notice be
received five days and not 10 days prior to undertaking any activity,
and limiting notice to only ground disturbing rather than all section
2.55 and section 380.15 activities, we believe companies will be
subject to the minimal inconvenience necessary to ensure that
landowners receive adequate advance notice of activities on their
property that could adversely affect them.
    79. Further, while Golden Triangle indicates that compliance with
the landowner notification requirements may require companies to create
a database or purchase specialty software, we do not believe it is
unreasonable or burdensome if the new notice requirements necessitate
that some companies update their databases. All gas companies
(regardless of size) need to know, both to enhance, replace, and
maintain their facilities and to be able to respond to emergencies,
precisely where their rights-of-way lie, how to get to their
facilities, and how to contact the owners of the properties their
facilities sit upon.\116\ The new notice requirements require companies
to do little more than access this existing information and update it
as needed.\117\ Preparation of a notice using information a company
already needs to have on hand should not be burdensome or delay the
commencement or progress of activities under section 2.55 or section
380.15.

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

    \116\ Companies should already have such information on file,
given that gas facilities generally were constructed under case-
specific certificates obtained in proceedings in which the companies
were required to give affected landowners notice in accordance with
section 157.6(d), or were constructed under the blanket certificate
regulations which require in section 157.203(d) that companies give
landowners notice of all projects subject to those regulations'
prior notice provisions. In addition, companies need to periodically
update such information to be able to comply with the PHMSA biennial
reporting requirement. Further, since some of the major maintenance
projects included in the PHMSA report will also qualify for prior
notice under our new regulations, companies should be able to use
the same project description to satisfy both PHMSA and Commission
requirements.
    \117\ Golden Triangle argues that it does not have a database of
its easement holders. Golden Triangle's Comments at pp. 7-8. We
expect gas companies to have documented the metes and bounds, terms
of, and parties to all existing easements. While we recognize that
this is not a static data set, we expect companies to conduct
systematic reviews to keep this information current. We note Golden
Triangle acknowledges, as discussed above, that its personnel need
to enter its rights-of-way for periodic routine activities including
pipe-to-soil readings, leak patrols, surveillance patrols, meter
station inspections, and walking the pipeline right-of-way. Golden
Triangle's Comments at pp. 9-10. If Golden Triangle does not have a
database that identifies the precise location of and owners of the
properties on which it has its rights-of-way, it should.
---------------------------------------------------------------------------

III. Information Collection Statement

    80. The Paperwork Reduction Act (PRA) \118\ requires each federal
agency to seek and obtain Office of Management and Budget (OMB)
approval before undertaking a collection of information directed to ten
or more persons or contained in a rule of general applicability.\119\
The OMB's regulations implementing the PRA require approval of certain
information collection requirements imposed by agency rules.\120\ Upon
approval of a collection of information, OMB will assign an OMB control
number and an expiration date. Respondents subject to the filing
requirements of an agency rule will not be penalized for failing to
respond to the collection of information unless the collection of
information displays a valid OMB control number.
---------------------------------------------------------------------------

    \118\ 44 U.S.C. 3501-3520 (2012).
    \119\ OMB's regulations at 5 CFR 1320.3(c)(4)(i) (2013) require
that ``[a]ny recordkeeping, reporting, or disclosure requirement
contained in a rule of general applicability is deemed to involve
ten or more persons.''
    \120\ 5 CFR 1320 (2013).
---------------------------------------------------------------------------

    81. The Commission is submitting the revised reporting requirements
to OMB for its review and approval. The only entities affected by this
rule would be natural gas companies under the Commission's
jurisdiction. The information collection requirements in this Final
Rule are identified as follows.
    82. FERC-577, ``Gas Pipeline Certificates: Environmental Impact
Statements,'' identifies the Commission's information collections
relating to the requirements set forth in NEPA and Parts 2, 157, 284,
and 380 of the Commission's regulations. Applicants have to conduct
appropriate studies which are necessary to determine the impact of the
construction and operation of proposed jurisdictional facilities on
human and natural resources, and the measures which may be necessary to
protect the values of the affected area. These information collection
requirements are mandatory.
    83. Because this Final Rule adds a landowner notification
requirement for certain activities undertaken pursuant to sections
2.55, 157, and 380.15 of our regulations, the overall burden on the
industry will increase. However, because natural gas companies subject
to our jurisdiction must already notify landowners in conjunction with
NGA sections 3 projects and 7 case-specific applications and when
conducting activities under Part 157 of our regulations, no new
technology will be needed and no start-up costs will be incurred.
Further, even without the new notification requirement, it is standard
practice for some companies to inform landowners prior to coming onto
their property, both as a courtesy and to avoid potential conflicts in
landowner and company activities. Thus, the notification is expected to
be consistent

with current industry practices for some companies, and consequently to
impose little additional burden on those companies.
    84. We are making some minor modifications to the numbers used to
derive our estimate. Because, as revised by this Final Rule, the prior
notice requirement will only apply to those activities that require
ground disturbance (and not to all section 2.55 and section 380.15
activities, as was proposed in the NOPR) and will only require notice
to landowners whose property will be crossed or used (and not to
abutting landowners and landowners with a residence within 50 feet of
the proposed work area, as the NOPR would have required), we believe
the revised estimated burden can no longer be characterized as
underestimated. The vast majority of activities that commentors
identified (principally maintenance, such as mowing, noxious weed
control, and equipment inspection and lubrication) will not be subject
to our revised notification requirements. As a result, we are
decreasing our estimate of the burden to notify landowners for
maintenance activities, as described above in section 6: Burden
Resulting from Notification Requirement.\121\ In the NOPR, Commission
staff requested a small representative sample of nine regulated natural
gas companies to estimate the number of section 2.55(a) activities
conducted each year. One company provided a response too late to be
included in the NOPR estimate. Factoring in this company's data results
in only a trivial change to the burden estimate in this Final Rule.
---------------------------------------------------------------------------

    \121\ Supra PP 73-79.
---------------------------------------------------------------------------

    85. We are also including the burden associated with the change to
section 157.203(d)(3) which was not included in the NOPR estimates. As
discussed above, to ensure that the landowner notification requirements
in sections 2.55(b) and 157.203(d)(3)(i) are equivalent, we are
revising section 157.203(d)(3)(i) to require notice for ground
disturbing replacement projects that would have qualified under section
2.55 but for the fact that replacement facilities are not of the same
capacity and because of that fact are installed under the blanket
certificate provisions. As a conservative estimate of the number of
such capacity altering replacement projects, we assume that the same
number of replacements take place under the Part 157, Subpart F,
blanket regulations as under section 2.55(b). This is reflected in the
table below. We estimate the additional paperwork burden that this
Final Rule would impose in the table below.

----------------------------------------------------------------------------------------------------------------
                                                         Annual  number of
Regulation section for new landowner  Annual  number of      filings per     Number of  hours     Total annual
      notification requirements        respondents  (A)   respondent \122\    per filing (C)   hours (A) x (B) x
                                                                (B)                                   (C)
----------------------------------------------------------------------------------------------------------------
18 CFR 2.55(a)......................                165                 46                  2             15,180
18 CFR 2.55(b)......................                165                  3                  2                990
18 CFR 157.203(d)(3)................                165                  3                  2                990
18 CFR 380.15.......................                165                 92                  2             30,360
                                     ---------------------------------------------------------------------------
    Total Annual Burden Hours.......  .................  .................  .................             47,520
----------------------------------------------------------------------------------------------------------------

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

    \122\ This column reflects a rounded estimate for each
jurisdictional natural gas company, averaged over all of the
existing 165 such companies.
---------------------------------------------------------------------------

    86. Given that some companies currently voluntarily comply with the
new notification requirements, we believe that the actual industry-wide
increase in burden is likely to be less than what we have estimated
here.
    Information Collection Costs: The Commission projects the average
cost for all respondents to be as follows: \123\
---------------------------------------------------------------------------

    \123\ The cost figures are derived by multiplying the total
hours to prepare a response by an hourly wage estimate of $61 (based
on average civil engineer wages and benefit information obtained
from the Bureau of Labor Statistics' data at http://bls.gov/oes/current/naics4_221200.htm#17-0000 and http://www.bls.gov/news.release/ecec.nr0.htm).
---------------------------------------------------------------------------

     $2,898,720 per year for all regulated entities;
     $17,568 per year for each regulated entity.
    Title: FERC-577.
    Action: Revision.
    OMB Control Nos.: 1902-0128.
    Respondents: Natural gas pipeline companies.
    Frequency of Responses: On occasion.
    Necessity of Information: The requirement to notify landowners is
necessary for the Commission to carry out its NGA responsibilities and
meet the Commission's objectives of addressing landowner concerns
fairly. The information provided to landowners is intended to
accommodate, to the extent possible, any concerns they may have
regarding a natural gas company's planning, locating, clearing, right-
of-way maintenance, and facility construction or replacement activities
on their property.
    Internal Review: The Commission has reviewed the revisions and has
determined that they are necessary. These requirements conform to the
Commission's need for efficient information collection, communication,
and management within the energy industry. The Commission has assured
itself, by means of internal review, that there is specific, objective
support for the burden estimates associated with the information
collection requirements.
    87. Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426 (Attention: Information
Clearance Officer, Office of the Executive Director), by phone 202-502-
8663, or by email to<EMAIL_ADDRESS>Comments on the
requirements may also be sent to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC
20503 [Attention: Desk Officer for the Federal Energy Regulatory
Commission]. For security reasons, comments should be sent by email to
OMB at<EMAIL_ADDRESS>Please reference OMB Control No.
1902-0128, FERC-577, and Docket No. RM12-11 in your submission.

IV. Environmental Analysis

    88. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\124\ The
Commission has categorically excluded certain actions from these
requirements as not having a

significant effect on the human environment.\125\ Generally, the
actions proposed to be taken here fall within the categorical
exclusions in the Commission's regulations that are clarifying,
corrective, or procedural and for information gathering, analysis, and
dissemination.\126\ Accordingly, an environmental review is not
necessary and has not been prepared in connection with this rulemaking
.

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

    \124\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (December 17, 1987), FERC
Stats. & Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \125\ 18 CFR 380.4 (2013).
    \126\ 18 CFR 380.4(a)(1) and (5) (2013).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    89. The Regulatory Flexibility Act of 1980 (RFA) \127\ generally
requires a description and analysis of agency rules that will have a
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and that minimize
any significant economic impact on a substantial number of small
entities. The SBA Office of Size Standards develops the numerical
definition of a small business.\128\ The SBA has established a size
standard for natural gas pipeline companies transporting natural gas,
stating that a firm is small if its annual receipts are less than $25.5
million.\129\
---------------------------------------------------------------------------

    \127\ 5 U.S.C. 601-612 (2012).
    \128\ 13 CFR 121.101 (2013).
    \129\ 13 CFR 121.201, Subsector 486 (2013); see SBA's Table of
Small Business Size Standards, effective March 26, 2012, available
at: http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.
---------------------------------------------------------------------------

    90. Golden Triangle disagrees with the Commission's statement that
the proposed rule would not have a significant economic impact on a
substantial number of small entities. We respond to Golden Triangle in
Section B.5 above. We modify the small business impact below based on
the revised estimates used in the information collection section above.
    91. The new regulations impose requirements only on natural gas
companies subject to the Commission's jurisdiction, the majority of
which are not small businesses. Most companies regulated by the
Commission do not fall within the RFA's definition of a small entity.
Approximately 165 companies--nearly all of them large entities--would
be potential respondents subject to data collection FERC-577 reporting
requirements. For the year 2011 (the most recent year for which
information is available), only 15 companies not affiliated with larger
companies had annual revenues of less than $25.5 million. Moreover, the
reporting requirements should have no meaningful economic impact on
companies--be they large or small--subject to the Commission's
regulatory jurisdiction. The Commission estimates that the revised cost
per small entity is $17,568 per year. The Commission does not consider
the estimated impact per entity to be significant. Accordingly,
pursuant to section 605(b) of the RFA, the Commission certifies that
this Final Rule should not have a significant economic impact on a
substantial number of small entities.

VI. Document Availability

    92. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5:00
p.m. Eastern time) at 888 First Street NE., Room 2A, Washington DC
20426.
    93. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    94. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
VII. Effective Date and Congressional Notification

    95. These regulations are effective February 3, 2014. The
Commission has determined, with the concurrence of the Administrator of
the Office of Information and Regulatory Affairs of OMB, that this rule
is not a ``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. This rule is being
submitted to the Senate, House, Government Accountability Office, and
the Small Business Administration.

List of Subjects

18 CFR Part 2

    Administrative practice and procedure, and Reporting and
recordkeeping requirements.

187 CFR Part 157

    Administrative practice and procedure, Natural gas, and Reporting
and recordkeeping requirements.

18 CFR Part 380

    Environmental impact statements, and Reporting and recordkeeping
requirements.

    By the Commission.
Kimberly D. Bose,
Secretary.
    In consideration of the foregoing, the Commission amends Parts 2,
157, and 380, Chapter I, Title 18, Code of Federal Regulations, as
follows:

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
1. The authority citation for Part 2 continues to read as follows:

    Authority:  5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 792-828c, 2601-2645, 42 U.S.C. 4321-4370h, 7101-7352.

0
2. Amend Sec.  2.55 by:
0
a. Adding a sentence to the end of paragraph (a)(1);
0
b. Revising paragraph (b)(1)(ii); and
0
c. Adding paragraph (c).
    The revision and additions read as follows:

Sec.  2.55  Definition of terms used in section 7(c).

* * * * *
    (a) * * *
    (1) * * * The auxiliary installations must be located within the
existing or proposed certificated permanent right-of-way or authorized
facility site and must be constructed using the temporary work space
used to construct the existing or proposed facility (see Appendix A to
this Part 2 for guidelines on what is considered to be the appropriate
work area in this context).
* * * * *
    (b) * * *
    (1) * * *
    (ii) The replacement facilities will have a substantially
equivalent designed delivery capacity, will be located in the same
right-of-way or on the same site as the facilities being replaced, and
will be constructed using the temporary work space used to construct
the existing facility (see Appendix A to Part 2 for guidelines on what
is considered to be the appropriate work area in this context);
* * * * *
    (c) Landowner notification. (1) No activity described in paragraphs
(a) and (b) of this section that involves ground disturbance is
authorized unless a company makes a good faith effort to notify in
writing each affected

landowner, as noted in the most recent county/city tax records as
receiving the tax notice, whose property will be crossed or used as a
result of the proposed activity, at least five days prior to commencing
any activity under this section. For an activity required to respond to
an emergency, the five-day prior notice period does not apply. The
notification shall include at least:
    (i) A brief description of the facilities to be constructed or
replaced and the effect the activity may have on the landowner's
property;
    (ii) The name and phone number of a company representative who is
knowledgeable about the project; and
    (iii) A description of the Commission's Dispute Resolution Division
Helpline, which an affected person may contact to seek an informal
resolution of a dispute as explained in section 1b.21(g) of the
Commission's regulations (18 CFR 1b.21(g)) and the Dispute Resolution
Division Helpline number.
    (2) ``Affected landowners'' include owners of property interests,
as noted in the most recent county/city tax records as receiving tax
notice, whose property is directly affected (i.e. crossed or used) by
the proposed activity, including all rights-of-way, facility sites
(including compressor stations, well sites, and all above-ground
facilities), access roads, pipe and contractor yards, and temporary
work space.

0
3. Revise Appendix A to Part 2 to read as follows:

Appendix A to Part 2--Guidance for Determining the Acceptable
Construction Area for Auxiliary and Replacement Facilities

    These guidelines shall be followed to determine what area may be
used to construct the auxiliary or replacement facility.
Specifically, they address what areas, in addition to the permanent
right-of-way, may be used.
    An auxiliary or replacement facility must be within the existing
right-of-way or facility site as specified by Sec.  2.55(a)(1) or
(b)(1)(ii). Construction activities for the auxiliary or replacement
facility can extend outside the current permanent right-of-way if
they are within the temporary and permanent right-of-way and
associated work spaces used in the original installation.
    If documentation is not available on the location and width of
the temporary and permanent rights-of-way and associated work spaces
that were used to construct the original facility, the company may
use the following guidance for the auxiliary installation or
replacement, provided the appropriate easements have been obtained:
    a. Construction should be limited to no more than a 75-foot-wide
right-of-way including the existing permanent right-of-way for large
diameter pipeline (pipe greater than 12 inches in diameter) to carry
out routine construction. Pipeline 12 inches in diameter and smaller
should use no more than a 50-foot-wide right-of-way.
    b. The temporary right-of-way (working side) should be on the
same side that was used in constructing the original pipeline.
    c. A reasonable amount of additional temporary work space on
both sides of roads and interstate highways, railroads, and
significant stream crossings and in side-slope areas is allowed. The
size should be dependent upon site-specific conditions. Typical work
spaces are:

------------------------------------------------------------------------
                                             Typical extra area (width/
                   Item                                length)
------------------------------------------------------------------------
Two lane road (bored).....................  25-50 by 100 feet.
Four lane road (bored)....................  50 by 100 feet.
Major river (wet cut).....................  100 by 200 feet.
Intermediate stream (wet cut).............  50 by 100 feet.
Single railroad track.....................  25-50 by 100 feet.
------------------------------------------------------------------------

    d. The auxiliary or replacement facility must be located within
the permanent right-of-way or, in the case of nonlinear facilities,
the cleared building site. In the case of pipelines this is assumed
to be 50 feet wide and centered over the pipeline unless otherwise
legally specified.
    However, use of the above guidelines for work space size is
constrained by the physical evidence in the area. Areas obviously
not cleared during the original construction, as evidenced by stands
of mature trees, structures, or other features that exceed the age
of the facility being replaced, should not be used for construction
of the auxiliary or replacement facility.
    If these guidelines cannot be met, the company should consult
with the Commission's staff to determine if the exemption afforded
by Sec.  2.55 may be used. If the exemption may not be used,
construction authorization must be obtained pursuant to another
regulation under the Natural Gas Act.

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PREMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT

0
4. The authority citation for Part 157 continues to read as follows:

    Authority:  15 U.S.C. 717-717z.

0
5. Amend Sec.  157.202 by revising paragraph (b)(2)(i) to read as
follows:

Sec.  157.202  Definitions.

* * * * *
    (b) * * *
    (2)(i) Eligible facility means, except as provided in paragraph
(b)(2)(ii) of this section, any facility subject to the Natural Gas Act
jurisdiction of the Commission that is necessary to provide service
within existing certificated levels. Eligible facility also includes
any gas supply facility or any facility, including receipt points,
needed by the certificate holder to receive gas into its system for
further transport or storage, and interconnecting facilities between
transporters that transport natural gas under part 284 of this chapter.
Further, eligible facility includes main line, lateral, and compressor
replacements that do not qualify under Sec.  2.55(b) of this chapter
because they will result in an incidental increase in the capacity of
main line facilities, or because they will not satisfy the location or
work space requirements of Sec.  2.55(b). Replacements must be done for
sound engineering purposes. Replacements for the primary purpose of
creating additional main line capacity are not eligible facilities;
however, replacements and the modification of facilities to rearrange
gas flows or increase compression for the primary purpose of restoring
service in an emergency due to sudden unforeseen damage to main line
facilities are eligible facilities. Eligible facility also includes
auxiliary installations and observation wells which do not qualify
under Sec.  2.55(a) of this chapter because they will not satisfy the
location or work space requirements of Sec.  2.55(a).
* * * * *

0
6. Amend Sec.  157.203 by revising paragraph (d)(3)(i) to read as
follows:

Sec.  157.203  Blanket certification.

* * * * *
    (d) * * *
    (3) * * *
    (i) No landowner notice is required for replacements which would
have been done under Sec.  2.55 of this chapter but for the fact that
the replacement facilities are not of the same capacity as long as they
meet the location requirements of Sec.  2.55(b)(1)(ii) of this chapter
and do not cause any ground disturbance; or any replacement done for
safety, DOT compliance, environmental, or unplanned maintenance reasons
that are not foreseen and that require immediate attention by the
certificate holder.
* * * * *

PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL
POLICY ACT

0
7. The authority citation for Part 380 continues to read as follows:

    Authority:  42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142.

0
8. In Sec.  380.15, redesignate paragraphs (c), (d), (e), and (f) as
paragraphs (d), (e),

(f), and (g) and add new paragraph (c) to read as follows:

Sec.  380.15  Siting and maintenance requirements.

* * * * *
    (c) Landowner notification. (1) No maintenance activity that
involves ground disturbance is authorized unless a company makes a good
faith effort to notify in writing each affected landowner, as noted in
the most recent county/city tax records as receiving the tax notice,
whose property will be crossed or used as a result of the proposed
activity, at least five days prior to commencing any activity under
this section. For an activity required to respond to an emergency, the
five-day prior notice period does not apply. The notification shall
include at least:
    (i) A brief description of the activity and the effect the activity
may have on the landowner's property;
    (ii) The name and phone number of a company representative who is
knowledgeable about the project; and
    (iii) A description of the Commission's Dispute Resolution Division
Helpline, which an affected person may contact to seek an informal
resolution of a dispute as explained in section 1b.21(g) of the
Commission's regulations (18 CFR 1b.21(g)) and the Dispute Resolution
Division Helpline number.
    (2) ``Affected landowners'' include owners of property interests,
as noted in the most recent county/city tax records as receiving tax
notice, whose property is directly affected (i.e. crossed or used) by
the proposed activity, including all rights-of-way, facility sites
(including compressor stations, well sites, and all above-ground
facilities), access roads, pipe and contractor yards, and temporary
work space.
* * * * *

[FR Doc. 2013-28548 Filed 12-3-13; 8:45 am]
BILLING CODE 6717-01-P