[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Rules and Regulations]
[Pages 59519-59521]
[FR Doc No: 2017-26900]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0654; A-1-FRL-9966-28-Region 1]

Air Plan Approval; CT; Decommissioning of Stage II Vapor Recovery
Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Connecticut
Department of Energy and Environmental Protection (CT DEEP). This
revision includes regulatory amendments that require gasoline
dispensing facilities (GDFs) to decommission their Stage II vapor
recovery systems on or before July 1, 2015, and a demonstration that
such removal is consistent with the Clean Air Act and EPA guidance.
This revision also includes regulatory amendments that strengthen
Connecticut's requirements for Stage I vapor recovery systems at GDFs.
The intended effect of this action is to approve Connecticut's revised
vapor recovery regulations. This action is being taken under the Clean
Air Act.

DATES: This rule is effective on January 16, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2015-0654. All documents in the docket
are listed on the http://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 http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 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.

FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square, Suite 100 [mail code: OPE05-2], Boston,
MA 02109-3912, telephone number<PHONE_NUMBER>, fax<PHONE_NUMBER>,
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. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 10, 2017 (82 FR 17161), EPA published a Notice of Proposed
Rulemaking (NPR) proposing approval of a SIP revision submitted by the
CT DEEP on September 14, 2015. The SIP revision consists of
Connecticut's newly adopted section 22a-174-30a, Stage I Vapor
Recovery, of the Regulations of Connecticut State Agencies (RCSA) as
well as the following revised RCSA sections:
     22a-174-3a, Permit to Construct and Operate Stationary
Sources, specifically 22a-174-3a(a);
     22a-174-20, Control of Organic Compound Emissions,
specifically 22a-174-20(a), 22a-174-20(b)(1) through (b)(16), and 22a-
174-20(ee); and
     22a-174-32, Reasonably Available Control Technology (RACT)
for Volatile Organic Compounds, specifically 22a-174-32(b).

In addition, this SIP revision also includes Public Act No. 13-120, An
Act Concerning Gasoline Vapor Recovery Systems. Connecticut Public Act
No. 13-120 revises section 22a-174e of the Connecticut General Statutes
(CGS). The regulations and statute require the decommissioning of Stage
II vapor recovery systems and strengthen Stage I vapor recovery
requirements. The SIP submittal also includes a demonstration that
removal of Stage II vapor recovery systems in Connecticut is consistent
with the Clean Air Act and EPA guidance. Finally, the SIP revision
includes the withdrawal of RCSA section 22a-174-30, Dispensing of
Gasoline/Stage I and Stage II Vapor Recovery, from the Connecticut SIP.

    Connecticut subsequently modified the September 14, 2015 SIP
revision via a letter dated January 20, 2017 wherein Connecticut
withdrew RCSA 22a-174-3a(a) from consideration as part of this SIP
revision.
    A detailed discussion of Connecticut's September 14, 2015 SIP
revision and EPA's rationale for proposing approval of the SIP revision
were provided in the NPR and will not be restated in this notice. No
public comments were received on the NPR.

II. Final Action

    EPA is approving Connecticut's September 14, 2015 SIP revision.
Specifically, EPA is approving, and incorporating into the Connecticut
SIP, the following regulations and statute: Newly adopted RCSA section
22a-174-30a; revised RCSA subsection 22a-174-20(a); revised RCSA
subsections 22a-174-20(b)(6) through (b)(16); revised RCSA subsection
22a-174-20(ee), and revised RCSA subsection 22a-174-32(b); as well as
Connecticut Public Act No. 13-120. EPA is also approving Connecticut's
request to withdraw RCSA section 22a-174-30 from the Connecticut SIP
because it has been replaced with RCSA section 22a-174-30a, which is
more stringent. EPA is approving this SIP revision because it meets all
applicable requirements of the CAA and EPA guidance, and it will not
interfere with any applicable requirement concerning attainment or
reasonable further progress towards attainment of any NAAQS, or with
any other applicable requirement of the Clean Air Act.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Connecticut regulations described in the amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
documents generally available through http://www.regulations.gov.

IV. 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 February 13, 2018. 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: July 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLENTATION PLAN

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

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

Subpart H--Connecticut

0
2. Section 52.370 is amended by adding paragraphs (c)(95)(i)(D) and
(c)(117) to read as follows:

 Sec.  52.370   Identification of plan.

* * * * *
    (c) * * *
    (95) * * *
    (i) * * *
    (D) Regulation 22a-174-30, which was approved in paragraph
(c)(95)(i)(A), is removed and replaced by Regulation

22a-174-30a, see paragraph (c)(117)(i)(B).
* * * * *
    (117) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
September 14, 2015.
    (i) Incorporation by reference
    (A) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
20, the sections listed below, effective July 8, 2015, as published in
the Connecticut Law Journal on November 24, 2015.
    (1) Section 20(a)(7);
    (2) Section (b)(10);
    (3) Sections (b)(12) through (b)(16);
    (4) Section (20)(ee)
    (B) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
30a ``Stage I Vapor Recovery,'' effective July 8, 2015, as published in
the Connecticut Law Journal on November 24, 2015.
    (C) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
32(b)(3), effective July 8, 2015, as published in the Connecticut Law
Journal on November 24, 2015.
    (D) House Bill No. 6534, Public Act No. 13-120, ``An Act Concerning
Gasoline Vapor Recovery Systems,'' approved June 18, 2013.
    (ii) Additional materials.
    (A) Letter from the Connecticut Department of Energy and
Environmental Protection, dated September 14, 2015, submitting a
revision to the Connecticut State Implementation Plan.

0
3. In Sec.  52.385, Table 52.385 is amended by: Adding entries under
existing state citations 22a-174-20 and 22a-174-30; adding an entry for
state citation 22a-174-30a; adding an entry under existing state
citation 22a-174-32, and adding a new entry for new Connecticut Public
Act 13-120 to the end of the table to read as follows:

Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Dates
                                                        --------------------------
    Connecticut State citation         Title/subject         Date         Date       Federal Register        Section 52.370       Comments/description
                                                          adopted by  approved by        citation
                                                            State         EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
22a-174-20.......................  Control of Organic         7/8/15   12/15/2017  [Insert Federal       (c)117...............  Removes sections (b)(6)-
                                    Compound Emissions.                             Register citation].                          (b)(9) and (b)(11),
                                                                                Revises sections
                                                                                (a)(7), (b)(10),
                                                                                sections (b)(12)-
                                                                                (b)(16), and section
                                                                                (ee).

                                                                      * * * * * * *
22a-174-30.......................  Dispensing of              7/8/15   12/15/2017  [Insert Federal       (c)117...............  22a-174-30 was repealed
                                    Gasoline/Stage II                               Register citation].                          by CT and withdrawn
                                    Vapor Recovery.                                                                              from the SIP and
                                                                                replaced by 22a-174-
                                                                                30a.
22a-174-30a......................  Stage I Vapor              7/8/15   12/15/2017  [Insert Federal       (c)117...............  Replaces the repealed
                                    Recovery.                                       Register citation].                          section 22a-174-30.

                                                                      * * * * * * *
22a-174-32.......................  Reasonably available       7/8/15   12/15/2017  [Insert Federal       (c)117...............  Revises section (b)(3).
                                    control technology                              Register citation].
                                    for volatile
                                    organic compounds.

                                                                      * * * * * * *
Connecticut Public Act No. 13-120  An act concerning         6/18/13   12/15/2017  [Insert Federal       (c)117...............  Revises section 22a-174e
                                    gasoline Vapor                                  Register citation].                          of the Connecticut
                                    recovery systems.                                                                            General Statutes to
                                                                                require decommissioning
                                                                                of Stage II Vapor
                                                                                Recovery Systems.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-26900 Filed 12-14-17; 8:45 am]
 BILLING CODE 6560-50-P


The annual respondent burden for this ICR is estimated to be 1,150,897 burden hours for both soil (198,261) and non-soil fumigations (952,635). The difference in burden hours for these two types of fumigations is driven by the annual estimate of applications and number of certified applicators. It is estimated that there are on average 12,651 soil and 192,600 non-soil fumigation applications in a year. It is estimated that there are 4,884 soil and 23,378 non-soil certified applicators.

6(g).	Burden Statement

      The total estimated annual soil fumigation respondent paperwork burden to comply with this information collection activity is 198,261 hours.  This estimate includes the time needed for certified applicators (166,152 hours), pesticide handlers (27,303 hours), registrants (1,644 hours), and states (3,163 hours) to conduct soil fumigant application related paperwork activities. For certified applicators, the burden for this collection is estimated to be 2.9 to 13.9 hours per soil fumigant application, and 0.08 to 8.13 hours per certified applicator per year for training.  For pesticide handlers, the burden for this collection is estimated to average 1 hour per soil fumigant application, and 1 hour per pesticide handler per year for safety training.  The burden for registrant task forces to implement fumigant training and distribute informational materials is estimated to be 274 hours per task force per year.  For states, the burden for this collection is estimated to average 0.25 hours per application.

      The total estimated annual non-soil fumigation respondent paperwork burden to comply with this information collection activity is 952,635 hours. This estimate includes the time needed for certified applicators (689,537 hours), pesticide handlers (262,734 hours), and registrants (364 hours) to conduct non-soil fumigant application related paperwork activities. For certified applicators, the burden for this collection is estimated to be 4.68 hours per non-soil fumigant application for initial applications and 2.68 for subsequent ones. For pesticide handlers, the burden for this collection is estimated to average 1 hour per application. The burden for sulfuryl fluoride registrants (structural uses only) to implement stewardship plans and distribute informational materials is estimated to be 182 hours per registrant per year. There is no state burden associated with non-soil fumigation as it relates to this collection request.

      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 in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR Part 9, and included on the related collection instrument or form, if applicable.

      To comment on the Agency'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 No. EPA-HQ-OPP-2018-0423, which is available for public viewing at the OPP Docket in the EPA Docket Center, EPA West, Rm. 3334, 1200 Pennsylvania Ave, NW, Washington, DC 20460-0001.  This docket facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The OPP Docket telephone number is<PHONE_NUMBER>.  An electronic version of the public docket is available through Federal eRulemaking Portal, http://www.regulations.gov.  Follow the online instructions for viewing documents and submitting comments. You can also send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA.  Please include the docket ID No. EPA-HQ-OPP-2018-0423 and OMB control number 2070-0197 in any correspondence.

7.	ATTACHMENTS TO THE SUPPORTING STATEMENT

       Attachments to the supporting statement are available in the public docket established for this ICR under docket identification number EPA-HQ-OPP-2018-0423.  These attachments are available for online viewing at www.regulations.gov or otherwise accessed as described in section 6(f) of the supporting statement.

 Attachment A:	7 U.S.C. 136a - FIFRA section 3(c)(2)(B). Available online at  https://www.gpo.gov/fdsys/granule/USCODE-2011-title7/USCODE-2011-title7-chap6-subchapII-sec136a or as part of this docket.

 Attachment B:	7 U.S.C. 136a - FIFRA Section 3(c)(5). Available online at  https://www.gpo.gov/fdsys/granule/USCODE-2011-title7/USCODE-2011-title7-chap6-subchapII-sec136a or as part of this docket.

 Attachment C:	Docket Numbers for Fumigant Reregistration Eligibility Decisions and Supporting Documents

 Attachment D:	EPA OIG Report: Additional Measures Can Be Taken to Prevent Deaths and Serious Injuries From Residential Fumigations. Available online at  https://www.epa.gov/sites/production/files/2016-2/documents/_epaoig_20161212-17-p-0053.pdf or as part of this docket.

 Attachment E	Consultation Questionnaire Responses for the "Soil and Non-Soil Fumigant Risk Mitigation" Renewal ICR

 Attachment F:	Worksheet for Estimating OPP ICR Wage Rates for Industry, State and EPA Labor Costs

 Attachment G:	Fumigant Management Plans (FMP) Information and Templates. Available online only at https://www.epa.gov/soil-fumigants/fumigant-management-plan-templates-phase-2-files-listed-chemical

Attachment H: 	Identifying Fumigant High-Use Areas Using Metam-Sodium as an Example


[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Notices]
[Pages 68063-68065]
[FR Doc No: 2020-23726]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-527-000]

Notice of Scoping Period Requesting Comments on Environmental
Issues for the Proposed Columbia Gulf Transmission, LLC East Lateral
Xpress Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document, that will discuss
the environmental impacts of the East Lateral XPress Project involving
construction and operation of facilities by Columbia Gulf Transmission,
LLC (Columbia Gulf) in St. Mary, Lafourche, Jefferson, and Plaquemines
Parishes, Louisiana. The Commission will use this environmental
document in its decision-making process to determine whether the
project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as scoping. The main goal of
the scoping process is to focus the analysis in the environmental
document on the important environmental issues. Additional information
about the Commission's NEPA process is described below in the NEPA
Process and the Environmental Document section of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on November 20, 2020. Comments may be
submitted in written form. Further details on how to submit comments
are provided in the Public Participation section of this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written comments during the preparation of the
environmental document.
    If you submitted comments on this project to the Commission before
the opening of this docket on September 24, 2020, you will need to file
those comments in Docket No. CP20-527-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not subsequently grant, exercise, or oversee the exercise of that
eminent domain authority. The courts have exclusive authority to handle
eminent domain cases; the Commission has no jurisdiction over these
matters.
    Columbia Gulf provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas Questions or Landowner Topics link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to

assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is also on the Commission's website (www.ferc.gov) under
the link to FERC Online. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
eRegister. You will be asked to select the type of filing you are
making; a comment on a particular project is considered a ``Comment on
a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP20-
527-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called
eSubscription which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Proposed Project

    Columbia Gulf proposes to construct and operate two new compressor
stations, a new meter station, and other appurtenant facilities. The
East Lateral XPress Project would create about 183 million standard
cubic feet per day of incremental natural gas capacity. According to
Columbia Gulf, the purpose of the proposed project is to provide a
total of 725 million standard cubic feet per day of firm transportation
capacity, through a combination of incremental and existing capacity on
Columbia Gulf's interstate natural gas pipeline system, to supply feed
gas for Venture Global LNG's Plaquemines LNG facility in Plaquemines
Parish.
    The East Lateral XPress Project would consist of the following
facilities:
     8.1 miles of 30-inch-diameter pipeline lateral within
Barataria Bay in Jefferson and Plaquemines Parish, Louisiana;
     a new 23,470-horsepower (hp) compressor station at an
existing Columbia Gulf abandoned compressor station site in St. Mary
Parish, Louisiana (Centerville Compressor Station);
     a new 23,470-hp compressor station adjacent to an existing
tie-in facility in Lafourche Parish, Louisiana (Golden Meadow
Compressor Station);
     one new delivery meter station;
     one new tie-in facility in Barataria Bay; and
     two new mainline valves.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

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

Land Requirements for Construction

    Construction of the proposed facilities would disturb about 744
acres of land for the aboveground facilities and the pipeline.
Construction of the compressor stations would require a total of 29.3
acres of land, and construction of the pipeline facilities in Barataria
Bay would require a total of 714.6 acres of open water/seafloor.
Following construction, Columbia Gulf would maintain about 500 acres
for permanent operation of the project's facilities; the remaining
acreage would be restored and revert to former uses.

NEPA Process and the Environmental Document

    Any environmental document issued by the Commission will discuss
impacts that could occur as a result of the construction and operation
of the proposed project under the relevant general resource areas:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     socioeconomics;
     air quality and noise; and
     reliability and safety.
    Commission staff have already identified issues that deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by Columbia Gulf. This
preliminary list of issues may change based on your comments and our
analysis:
     Water resources; and
     essential fish habitat.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
    Following this scoping period, Commission staff will determine
whether to prepare an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS). The EA or the EIS will present Commission
staff's independent analysis of the issues. If Commission staff
prepares an EA, a Notice of Schedule for the Preparation of an EA will
be issued. The EA may be issued for an allotted public comment period.
The Commission would consider timely comments on the EA before making
its decision regarding the proposed project. If Commission staff
prepares an EIS, a Notice of Intent to Prepare an EIS/Notice of
Schedule will be issued, which will open up an additional comment
period. Staff will then prepare a draft EIS which will be issued for
public comment. Commission staff will consider all timely comments
received during the comment period on the draft EIS and revise the
document, as necessary, before issuing a final EIS. Any EA or draft and
final EIS will be available in electronic format in the public record
through eLibrary \2\ and the Commission's natural gas environmental
documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive
instant email notification when the environmental document is issued.
---------------------------------------------------------------------------

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

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the environmental document.\3\

Agencies that would like to request cooperating agency status should
follow the instructions for filing comments provided under the Public
Participation section of this notice.
---------------------------------------------------------------------------

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

Consultation Under Section 106 of the National Historic Preservation
Act

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

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

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
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 and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the proposed project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please return the
attached ``Mailing List Update Form'' (appendix 2).

Additional Information

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

    Dated: October 21, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-23726 Filed 10-26-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59699-59700]
[FR Doc No: 2016-20742]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78661; File No. SR-NYSE-2016-57]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Amending and Restating the
Second Amended and Restated Certificate of Incorporation of the
Exchange's Ultimate Parent Company, Intercontinental Exchange, Inc.

August 24, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 17, 2016, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend and restate the Second Amended and
Restated Certificate of Incorporation (the ``ICE Certificate'') of the
Exchange's ultimate parent company, Intercontinental Exchange, Inc.
(``ICE''), to increase ICE's authorized share capital, and to make
other, non-substantive changes. The proposed rule change is available
on the Exchange's Web site at www.nyse.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The proposed amendments would revise the ICE Certificate \4\ to
increase the total number of authorized shares of ICE common stock, par
value $0.01 per share (``Common Stock''), and make other, non-
substantive changes. More specifically, the Exchange proposes to make
the following amendments to the ICE Certificate:
---------------------------------------------------------------------------

    \4\ ICE owns 100% of the equity interest in Intercontinental
Exchange Holdings, Inc., which in turn owns 100% of the equity
interest in NYSE Holdings LLC. NYSE Holdings LLC owns 100% of the
equity interest of NYSE Group, Inc., which in turn directly owns
100% of the equity interest of the Exchange and its affiliates NYSE
Arca, Inc. and NYSE MKT LLC. ICE is a publicly traded company listed
on the Exchange. The Exchange's affiliates, NYSE MKT LLC and NYSE
Arca, Inc., have each submitted substantially the same proposed rule
change to propose the changes described herein. See SR-NYSEMKT-2016-
80 and SR-NYSEArca-2016-119.
---------------------------------------------------------------------------

     In Article IV, Section A, the total number of shares of
stock that ICE is authorized to issue would be changed from 600,000,000
to 1,600,000,000 shares, and the portion of that total constituting
Common Stock would be changed from 500,000,000 to 1,500,000,000 shares.
     In Article V, Section A.5, the reference to ``this Section
A of ARTICLE VI'' would be corrected to refer to ``this Section A of
ARTICLE V''.
     References to the ``Second Amended and Restated
Certificate of Incorporation'' would be changed throughout to refer to
the ``Third Amended and Restated Certificate of Incorporation'', and
related technical and conforming changes would be made to the recitals
and signature page of the ICE Certificate.
    The proposed amendments to the ICE Certificate were approved by the
board of directors of ICE (``ICE Board'') on August 1, 2016. The
Exchange proposes that the above amendments to the ICE Certificate
would be effective when filed with the Department of State of Delaware,
which would not occur until approval of the amendments by the
stockholders of ICE is obtained at a Special Meeting of Stockholders on
October 12, 2016.
    The trading price of ICE's Common Stock has risen significantly
since ICE's initial public offering in 2005,\5\ and the ICE Board
believes that such price appreciation may impact the liquidity of ICE's
Common Stock, making it more difficult to efficiently trade and
potentially less attractive to certain investors. Accordingly, the ICE
Board approved pursuing a 5-for-1 stock split by way of a stock
dividend, pursuant to which the holders of record of shares of Common
Stock would receive, by way of a dividend, four shares of Common Stock
for each share of Common Stock held by such holder (the ``Stock
Dividend''). The ICE Board's approval of the Stock Dividend was
contingent upon Commission and ICE stockholder approval of the proposed
amendments to the ICE Certificate.
---------------------------------------------------------------------------

    \5\ The closing price of ICE's Common Stock on July 29, 2016,
the trading date prior to the ICE Board vote to approve the
proposal, was $264.20. The price of ICE's Common Stock at its
initial public offering on November 16, 2005, was $26.00.
---------------------------------------------------------------------------

    The number of shares of Common Stock proposed to be issued in the
Stock Dividend exceeds ICE's authorized but unissued shares of Common
Stock. The proposed rule change would increase ICE's authorized shares
of Common Stock and shares of capital stock sufficient to allow ICE to
effectuate the Stock Dividend.
    The proposed changes would not alter the limitations on voting and
ownership set forth in Section V of the ICE Certificate. Such
limitations were introduced at the time of ICE's acquisition of the
Exchange, to ``minimize the potential that a person could improperly
interfere with or restrict the ability of the Commission, the Exchange,
or its subsidiaries to effectively carry out their regulatory oversight
responsibilities under the Act.'' \6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 70210 (August 15,
2013), 78 FR 51758 (August 21, 2013) (SR-NYSE-2013-42; SR-NYSEMKT-
2013-50; and SR-NYSEArca-2013-62), at 51760. ICE was previously
named IntercontinentalExchange Group, Inc. See Securities Exchange
Act Release No. 72158 (May 13, 2014), 79 FR 28784 (May 19, 2014)
(SR-NYSE-2014-23).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act,\7\ in general, and Section
6(b)(1) of the Exchange Act,\8\ in particular, in that it enables the
Exchange to be so organized as to have the capacity to be able to carry
out the purposes of the Exchange Act and to comply, and to enforce
compliance by its exchange members and persons associated with its
exchange members, with the provisions of the Exchange Act, the rules
and regulations thereunder, and the rules of the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The proposal to increase ICE's authorized shares of Common Stock
and shares of capital stock sufficient to

allow ICE to effectuate the Stock Dividend would not impact the
Exchange's ability to be so organized as to have the capacity to be
able to carry out the purposes of the Exchange Act. In particular, the
proposed changes would not alter the limitations on voting and
ownership set forth in Section V of the ICE Certificate, and so the
proposed changes would not enable a person to ``improperly interfere
with or restrict the ability of the Commission, the Exchange, or its
subsidiaries to effectively carry out their regulatory oversight
responsibilities under the Act.'' \9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 70210, supra note 6,
at 51760.
---------------------------------------------------------------------------

    For similar reasons, the proposal is consistent with Section
6(b)(5) of the Exchange Act,\10\ because it would not impact the
Exchange's governance or regulatory structure, which would continue to
be designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that approval of the proposal would remove
impediments to, and perfect the mechanism of a free and open market and
a national market system and, in general, protect investors and the
public interest, because by increasing ICE's authorized shares of
Common Stock and shares of capital stock sufficient to allow ICE to
effectuate the Stock Dividend, the proposed rule change will facilitate
broader ownership of ICE.
    The Exchange believes that amending Article V, Section A.5, to
correct the reference to ``this Section A of ARTICLE VI'' to refer to
``this Section A of ARTICLE V'' would reduce potential confusion that
may result from having an incorrect reference in the ICE Certificate.
Replacing such incorrect reference would further the goal of
transparency and add clarity to the ICE Certificate.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is not designed to address any competitive issue but rather is
concerned solely with the number of authorized shares of Common Stock
and shares of capital stock of the Exchange's ultimate parent.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2016-57 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2016-57. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2016-57, and should be
submitted on or before September 20, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20742 Filed 8-29-16; 8:45 am]
 BILLING CODE 8011-01-P