[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Notices]
[Pages 47063-47065]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19279]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. AD12-2-000]
Notice of Availability of Draft Revisions; Upland Erosion
Control, Revegetation, and Maintenance Plan; Wetland and Waterbody
Construction and Mitigation Procedures; Request for Comments
The staff of the Office of Energy Projects is revising its Upland
Erosion Control, Revegetation, and Maintenance Plan (Plan) and Wetland
and Waterbody Construction and Mitigation Procedures (Procedures), last
updated January 17, 2003. In accordance with Order 603,\1\ the staff is
asking for comments on the draft revisions from the natural gas
industry, federal, state and local agencies, environmental consultants,
inspectors, construction contractors, and other interested parties with
special expertise with respect to environmental issues commonly
associated with pipeline projects. Please note that this comment period
will close on October 9, 2012.
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\1\ Revision of Existing Regulations Under Part 157 and Related
Sections of the Commission's Regulations Under the Natural Gas Act,
Commission Order No. 603, Docket No. RM98-9-000, issued April 29,
1999. Noticed in the Federal Register on May 14, 1999. 64 FR 26572.
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The Plan and Procedures are referred to at 18 Code of Federal
Regulations (CFR) 380.12(i)(5) and 380.12(d)(2), respectively, as well
as 18 CFR 157.206(b)(3)(iv). The Plan and Procedures identify the
staff's baseline mitigation measures for minimizing erosion and
enhancing revegetation in uplands and the extent and duration of
project-related disturbance on wetlands and waterbodies. Attached to
this notice are full texts of the draft revisions, identifying all
proposed changes from the current versions of the Plan and Procedures
in tracked changes format \2\. The draft revisions can also be viewed
on the Federal Energy Regulatory Commission (FERC or Commission) Web
site at http://www.ferc.gov/industries/gas/enviro/guidelines.asp.
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\2\ The attachments referenced in this notice will not appear in
the Federal Register.
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The staff announced its intention to revise the Plan and Procedures
by public notice issued October 31, 2011, in the above referenced
docket. The proposed revisions address comments filed in response to
the public notice, frequent inquiries for clarification or guidance,
and common variance requests. Other modifications provide necessary
updates to reflect current laws and industry best management practices.
We will consider all timely comments on the draft revisions before
issuing the final versions. For your convenience, there are three
methods you can use to submit your comments to the Commission. In all
instances, please reference the docket number (AD12-2-000) with your
submission. The Commission encourages electronic filing of comments and
has expert eFiling staff available to assist you at (202) 502-8258 or
efiling@ferc.gov. Please include your name and email address so we can
include you in future notices regarding our planned revisions.
(1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. An eComment is an easy method
for interested persons to submit brief, text-only comments;
(2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. With eFiling you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making. A comment in response to this notice is considered a
``Comment on a Filing''; or
(3) You may file a paper copy of your comments at the following
address:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE., Room 1A, Washington, DC 20426.
All of the information related to the proposed revisions to the
Plan and Procedures and submitted comments can be found on the FERC Web
site (www.ferc.gov) using the eLibrary link. Click on the eLibrary
link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., AD12-
2). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
FercOnlineSupport@ferc.gov or toll free at (866) 208-3676, or for TTY,
contact (202) 502-8659. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
Information Collection Statement
The Office of Management and Budget (OMB) regulations require OMB
approval of certain reporting, record keeping, and public disclosure
requirements (collections of information) imposed by an agency \3\. To
ensure compliance with OMB's regulations implementing the Paperwork
Reduction Act of 1995 \4\, the Office of Energy Project's staff is
providing notice of potential modifications to information collections
from jurisdictional natural gas companies, and is requesting comments
on information collection and reporting burden. Burden includes the
total time, effort, or financial resources expended to generate,
maintain, retain, disclose, or provide the information to the
Commission and any applicable third parties.
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\3\ 5 CFR Part 1320.
\4\ 44 U.S.C. 3507(d).
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Comments in consideration of the collection of information should
be submitted following the guidelines described on page 2 of this
notice, and should reference OMB Control No. 1902-0060 in addition to
Docket No. AD12-2-000. Comments regarding information collection
requirements should focus on whether the information will have
practical utility; the accuracy of burden estimates (provided below);
ways to enhance the quality, utility, and clarity of the information
collected; and any suggested methods for minimizing the respondent's
burden, including the use of automated information techniques.
Following the comment period, the Commission staff will submit the
final revised Plan and Procedure documents to OMB for review of the
information collection requirements.
The information collection requirements described in the current
versions of the Plan and Procedures are approved by OMB via FERC-537,
``Gas Pipeline Certificates: Construction, Acquisition, and
Abandonment'' (OMB Control No. 1902-0060), which is used by the
Commission to implement the
[[Page 47064]]
statutory provisions of the Natural Gas Policy Act of 1978 (NGPA), 15
U.S.C. 3301-3432, and the Natural Gas Act (NGA) (15 U.S.C. 717-717w).
The information collected per FERC-537 is necessary to certificate
interstate pipelines engaged in the transportation and sale of natural
gas, and the construction, acquisition, and operation of facilities to
be used in those activities, to authorize the abandonment of facilities
and services, and to authorize certain NGPA transactions.
The draft Plan and Procedure revisions identified in this notice
are primarily modifications and clarifications to the content of
information collections required by the current versions. For example,
revisions to Plan sections III.H., III.I., and VII.B.2. clarify staff's
expectations for the content of blasting plans, winter construction
plans, and quarterly activity reports, respectively. Draft revisions to
Plan section III.F.3. regarding agency consultations on wildlife and
livestock, standardize a best management practice and staff
expectation. A draft revision to Procedure section VI.D.3. modifies the
wetland revegetation success criteria used for monitoring and
reporting. Such revisions do not constitute entirely new information
collections; however, the proposed revisions could increase reporting
burden by adjusting the existing ways to comply with any previously
applicable instructions and requirements; training personnel to respond
to a modified collection of information; and completing and reviewing
such collections.
Draft revisions would reduce reporting burden on jurisdictional
natural gas companies by providing guidance that is frequently
requested during report preparations; directions to provide information
that frequently results in data requests; and improved flexibility to
reduce variance requests for construction practices the staff has
determined are acceptable. For example, frequently requested guidance
on beneficial reuse of construction materials is provided in revised
Plan sections II.B.17. and III.E. Identification of baseline
expectations for residential construction practices is provided in
revised Plan section III.G. Variance requests would be reduced via
revisions to Procedures section V.B.3.g. that address construction
through waterbodies that are dry or frozen, and VI.B.2.f. that address
burning of woody debris in wetlands. Additionally, proposed revisions
to Procedure sections V.B.2.b. and VI.B.1.b. would reduce reporting
burden on jurisdictional entities, permitting detailed justifications
for reduced setbacks at waterbodies and wetlands.
Revised terminology is proposed in order to be inclusive of prior
notice, advanced notice, and automatic authorization projects to
address the wider net of project types subject to Plan and Procedure
requirements. The revisions clarify applicability for projects
constructed under the Commission's blanket certificate program (18 CFR
Part157, Subpart F) and construction of facilities for transportation
services under the NGPA section 311 (18 CFR Part 284, Subpart A). These
clarifications would improve the efficiency of the environmental review
process, and reduce labor hours required of jurisdictional natural gas
companies to prepare complete reports.
Entirely new information collection requirements are limited. A new
record retention requirement is proposed regarding drainage system
repairs or improvements (see draft revised Plan section VII.B.1.e.). In
addition, a new annual report is proposed for affected wetlands that do
not successfully revegetate within three years after construction (see
draft revised Procedure section VI.D.4.). We expect this revision to
result in a minor increase in reporting burden due to the low incidence
of wetland revegetation failure; we estimate less than 10 percent of
affected wetlands on an annual basis. In addition, our experience
indicates that the cause of failure in many cases is anthropogenic
activities that would negate the need for further monitoring and
remediation by the project sponsors.
Additional filings for blanket certificate prior notice projects
would also be required (see revised ``Applicability'' discussions in
sections I. of the Plan and Procedures). Such filings include winter
construction plans noted in revised Plan section III.I., and the pre-
construction filings noted in section II. of the Procedures (i.e.,
hydrostatic testing information, waterbody crossing schedules, spill
prevention and response procedures, plans for major waterbody
crossings, horizontal directional drill crossings, and justifications
for any alternative measures). This would not reflect an entirely new
reporting burden however, as this information is typically requested by
staff during review of these projects to ensure compliance with blanket
certificate standard conditions in 18 CFR 157.206.
Overall, in consideration of the proposed revisions to reporting
requirements and the increased efficiency that would realized during
the environmental review process, we expect the net effect of the
proposed Plan and Procedure revisions to constitute a minor increase in
information collection burden.
Burden Estimate
The estimate below is based on workload completion data prepared by
FERC's Division of Gas--Environment and Engineering for fiscal year
2011. Respondents include companies that filed project applications
under NGA Section 7, blanket certificate prior notice filings and
annual reports, and NGPA 311 advanced notification filings and annual
reports.
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\5\ NGA 7, Blanket Certificate, and NGPA 311 filings. Filings
were excluded if they qualified as categorical exclusions under the
National Environmental Policy Act or were otherwise categorized as
``environment not involved.'' These types of projects would not be
subject to the environmental requirements of the Plan and Procedures
and thus would not be affected by changes to information
collections.
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Average change Total annual
Average in burden change in
Proposed modification to FERC-537, OMB Average number of number of hours per burden hours
Control No. 1902-0060 respondents annually filings per filing for all
year \5\ (rounded) filings types
........................ (a) (b) (a x b)
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Upland Plan........................... 81 Natural Gas Companies 113 6.1 681
Wetland and Waterbody Procedures...... 81 Natural Gas Companies 113 -3.8 -428
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Grand Total....................... .............. .............. 253
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[[Page 47065]]
Information Collection Costs: The Commission staff seeks comments
on the costs to comply with the proposed revisions to the Plan and
Procedures. The total estimated annual cost burden to prepare new or
modified information collections based on the proposed Plan and
Procedure revisions is $17,459.43 (253 hours/2,080 hours \6\ per year,
times $143,540 \7\).
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\6\ Estimated number of hours an employee works each year.
\7\ Estimated average annual cost (salary plus benefits) per
employee.
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We expect the estimated burden would reduce in subsequent years, as
companies adjust to the modified information collections and have
trained their personnel to collect information per the revised Plan and
Procedures.
Interested persons may obtain additional information on the OMB
process and information collection statement by contacting Ellen Brown,
Office of the Executive Director, via email at DataClearance@ferc.gov;
by phone (202) 502-8663, or facsimile (202) 273-0973.
Dated: July 31, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-19279 Filed 8-6-12; 8:45 am]
BILLING CODE 6717-01-P