81 FR 53140 - Texas Eastern Transmission, LP; Notice of Intent To Prepare an Environmental Assessment for the Proposed Bayway Lateral Project, and Request for Comments on Environmental Issues

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 81, Issue 155 (August 11, 2016)

Page Range		53140-53141
FR Document		2016-19073
Federal Register, Volume 81 Issue 155 (Thursday, August 11, 2016)
[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Notices]
[Pages 53140-53141]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19073]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-473-000]


Texas Eastern Transmission, LP; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Bayway Lateral Project, and 
Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
discuss the environmental impacts of the Bayway Lateral Project 
involving construction and operation of facilities by Texas Eastern 
Transmission, LP (Texas Eastern) in the City of Linden, Union County, 
New Jersey. The Commission will use this EA in its decision-making 
process to determine whether the project is in the public convenience 
and necessity.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies on the project. You can make a difference by providing us with 
your specific comments or concerns about the project. Your comments 
should focus on the potential environmental effects, reasonable 
alternatives, and measures to avoid or lessen environmental impacts. 
Your input will help the Commission staff determine what issues they 
need to evaluate in the EA. To ensure that your comments are timely and 
properly recorded, please send your comments so that the Commission 
receives them in Washington, DC on or before September 6, 2016.
    If you sent comments on this project to the Commission before the 
opening of this docket on June 29, 2016, you will need to file those 
comments in Docket No. CP16-473-000 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 agreement. However, if 
the Commission approves the project, that approval conveys with it the 
right of eminent domain. Therefore, if easement negotiations fail to 
produce an agreement, the pipeline company could initiate condemnation 
proceedings where compensation would be determined in accordance with 
state law.
    Texas Eastern 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?'' This fact sheet addresses a number of typically asked 
questions, including the use of eminent domain and how to participate 
in the Commission's proceedings. It is also available for viewing on 
the FERC Web site (www.ferc.gov).

Public Participation

    For your convenience, there are three methods you can use to submit 
your comments to the Commission. The Commission encourages electronic 
filing of comments and has expert staff available to assist you at 
(202) 502-8258 or [email protected]. Please carefully follow these 
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. This is an easy method for submitting brief, 
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. With eFiling, you can provide comments in a 
variety of formats by attaching them as a file with your submission. 
New eFiling users must first create an account by clicking on 
``eRegister.'' If you are filing a comment on a particular project, 
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address. Be sure to reference the project docket number 
(CP16-473-000) with your submission: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, 
Washington, DC 20426.

Summary of the Proposed Project

    Texas Eastern proposes to construct pipeline and aboveground 
facilities in the City of Linden, Union County, New Jersey: The Bayway 
Lateral Project would transport approximately 300,000 dekatherms per 
day from Texas Eastern's existing Line 38 to serve new commercial 
customers (the Linden Cogen Power Plant and the Phillips 66 Bayway 
Refinery).
    The Bayway Lateral Project would consist of the following 
facilities:
     Approximately 2,300 feet of new 24-inch-diameter natural 
gas pipeline, most of which involves a horizontal directional drill 
crossing under the New Jersey Turnpike;
     a new fenced metering and regulating station; and
     related appurtenances and ancillary facilities.
    The general location of the project facilities is shown in appendix 
1.\1\
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    \1\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of appendices were sent to all those 
receiving this notice in the mail and are available at www.ferc.gov 
using the link called ``eLibrary'' or from the Commission's Public 
Reference Room, 888 First Street NE., Washington, DC 20426, or call 
(202) 502-8371. For instructions on connecting to eLibrary, refer to 
the last page of this notice.
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Land Requirements for Construction

    Construction of the proposed facilities would disturb about 23.4 
acres of land for the aboveground facilities and the pipeline. 
Following construction, Texas Eastern would maintain 6.79 acres for 
permanent operation of the project's facilities; the remaining acreage 
would be restored and revert to former uses.

The EA Process

    The National Environmental Policy Act (NEPA) requires the 
Commission to take into account the environmental impacts that could 
result from an action whenever it considers the issuance of a 
Certificate of Public Convenience and Necessity. NEPA also requires us 
\2\ to discover and address concerns the public may have about 
proposals. This process is referred to as ``scoping.'' The main goal of 
the scoping process is to focus the analysis in the EA on the important 
environmental issues. By this notice, the Commission requests public 
comments on the scope of the issues to address in the EA. We will 
consider all filed comments during the preparation of the EA.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of 
the construction and operation of the proposed project under these 
general headings:

     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;

[[Page 53141]]

     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species;
     public safety; and
     cumulative impacts.

    We 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.
    The EA will present our independent analysis of the issues. The EA 
will be available in the public record through eLibrary. Depending on 
the comments received during the scoping process, we may also publish 
and distribute the EA to the public for an allotted comment period. We 
will consider all comments on the EA before making our recommendations 
to the Commission. To ensure we have the opportunity to consider and 
address your comments, please carefully follow the instructions in the 
Public Participation section on page 2.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to the environmental issues of 
this project to formally cooperate with us in the preparation of the 
EA.\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.
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    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for section 106 of the National Historic 
Preservation Act, we are using this notice to initiate consultation 
with the applicable State Historic Preservation Office (SHPO), 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\ We will define the project-specific Area of 
Potential Effects (APE) in consultation with the SHPO as the project 
develops. On natural gas facility projects, the APE at a minimum 
encompasses all areas subject to ground disturbance (examples include 
construction right-of-way, contractor/pipe storage yards, compressor 
stations, and access roads). Our EA for this project will document our 
findings on the impacts on historic properties and summarize the status 
of consultations under section 106.
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    \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.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; Native American Tribes; other 
interested parties; and local libraries and newspapers. This list also 
includes all affected landowners (as defined in the Commission's 
regulations) who are potential right-of-way grantors, whose property 
may be used temporarily for project purposes, or who own homes within 
certain distances of aboveground facilities, and anyone who submits 
comments on the project. We will update the environmental mailing list 
as the analysis proceeds to ensure that we send the information related 
to this environmental review to all individuals, organizations, and 
government entities interested in and/or potentially affected by the 
proposed project.
    If we publish and distribute the EA, copies of the EA will be sent 
to the environmental mailing list for public review and comment. If you 
would prefer to receive a paper copy of the document instead of the CD 
version or would like to remove your name from the mailing list, please 
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want 
to become an ``intervenor'' which is an official party to the 
Commission's proceeding. Intervenors play a more formal role in the 
process and are able to file briefs, appear at hearings, and be heard 
by the courts if they choose to appeal the Commission's final ruling. 
An intervenor formally participates in the proceeding by filing a 
request to intervene. Instructions for becoming an intervenor are in 
the ``Document-less Intervention Guide'' under the ``e-filing'' link on 
the Commission's Web site. Motions to intervene are more fully 
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at (866) 208-FERC, or on the 
FERC Web site at 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., CP16-
473). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] 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/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the 
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: August 5, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-19073 Filed 8-10-16; 8:45 am]
 BILLING CODE 6717-01-P
53140 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Notices

Dated: August 1, 2016. the acquisition of an easement to Jersey: The Bayway Lateral Project
Nathaniel J. Davis, Sr., construct, operate, and maintain the would transport approximately 300,000
Deputy Secretary. proposed facilities. The company would dekatherms per day from Texas
[FR Doc. 2016–19080 Filed 8–10–16; 8:45 am] seek to negotiate a mutually acceptable Eastern’s existing Line 38 to serve new
BILLING CODE 6717–01–P agreement. However, if the Commission commercial customers (the Linden
approves the project, that approval Cogen Power Plant and the Phillips 66
conveys with it the right of eminent Bayway Refinery).
DEPARTMENT OF ENERGY domain. Therefore, if easement The Bayway Lateral Project would
negotiations fail to produce an consist of the following facilities:
Federal Energy Regulatory agreement, the pipeline company could • Approximately 2,300 feet of new
Commission initiate condemnation proceedings 24-inch-diameter natural gas pipeline,
[Docket No. CP16–473–000] where compensation would be most of which involves a horizontal
determined in accordance with state directional drill crossing under the New
Texas Eastern Transmission, LP; law. Jersey Turnpike;
Notice of Intent To Prepare an Texas Eastern provided landowners • a new fenced metering and
Environmental Assessment for the with a fact sheet prepared by the FERC regulating station; and
Proposed Bayway Lateral Project, and entitled ‘‘An Interstate Natural Gas • related appurtenances and ancillary
Request for Comments on Facility On My Land? What Do I Need facilities.
Environmental Issues To Know?’’ This fact sheet addresses a The general location of the project
number of typically asked questions, facilities is shown in appendix 1.1
The staff of the Federal Energy including the use of eminent domain
Regulatory Commission (FERC or Land Requirements for Construction
and how to participate in the
Commission) will prepare an Commission’s proceedings. It is also Construction of the proposed facilities
environmental assessment (EA) that will available for viewing on the FERC Web would disturb about 23.4 acres of land
discuss the environmental impacts of site (www.ferc.gov). for the aboveground facilities and the
the Bayway Lateral Project involving pipeline. Following construction, Texas
construction and operation of facilities Public Participation Eastern would maintain 6.79 acres for
by Texas Eastern Transmission, LP For your convenience, there are three permanent operation of the project’s
(Texas Eastern) in the City of Linden, methods you can use to submit your facilities; the remaining acreage would
Union County, New Jersey. The comments to the Commission. The be restored and revert to former uses.
Commission will use this EA in its Commission encourages electronic filing The EA Process
decision-making process to determine of comments and has expert staff
whether the project is in the public available to assist you at (202) 502–8258 The National Environmental Policy
convenience and necessity. or efiling@ferc.gov. Please carefully Act (NEPA) requires the Commission to
This notice announces the opening of follow these instructions so that your take into account the environmental
the scoping process the Commission comments are properly recorded. impacts that could result from an action
will use to gather input from the public (1) You can file your comments whenever it considers the issuance of a
and interested agencies on the project. electronically using the eComment Certificate of Public Convenience and
You can make a difference by providing feature on the Commission’s Web site Necessity. NEPA also requires us 2 to
us with your specific comments or (www.ferc.gov) under the link to discover and address concerns the
concerns about the project. Your Documents and Filings. This is an easy public may have about proposals. This
comments should focus on the potential method for submitting brief, text-only process is referred to as ‘‘scoping.’’ The
environmental effects, reasonable comments on a project; main goal of the scoping process is to
alternatives, and measures to avoid or (2) You can file your comments focus the analysis in the EA on the
lessen environmental impacts. Your electronically by using the eFiling important environmental issues. By this
input will help the Commission staff feature on the Commission’s Web site notice, the Commission requests public
determine what issues they need to (www.ferc.gov) under the link to comments on the scope of the issues to
evaluate in the EA. To ensure that your Documents and Filings. With eFiling, address in the EA. We will consider all
comments are timely and properly you can provide comments in a variety filed comments during the preparation
recorded, please send your comments so of formats by attaching them as a file of the EA.
that the Commission receives them in with your submission. New eFiling In the EA we will discuss impacts that
Washington, DC on or before September users must first create an account by could occur as a result of the
6, 2016. clicking on ‘‘eRegister.’’ If you are filing construction and operation of the
If you sent comments on this project a comment on a particular project, proposed project under these general
to the Commission before the opening of please select ‘‘Comment on a Filing’’ as headings:
this docket on June 29, 2016, you will the filing type; or • Geology and soils;
need to file those comments in Docket (3) You can file a paper copy of your • land use;
No. CP16–473–000 to ensure they are comments by mailing them to the • water resources, fisheries, and wetlands;
considered as part of this proceeding. following address. Be sure to reference
This notice is being sent to the the project docket number (CP16–473– 1 The appendices referenced in this notice will

Commission’s current environmental 000) with your submission: Kimberly D. not appear in the Federal Register. Copies of
appendices were sent to all those receiving this
sradovich on DSK3GMQ082PROD with NOTICES

mailing list for this project. State and Bose, Secretary, Federal Energy notice in the mail and are available at www.ferc.gov
local government representatives should Regulatory Commission, 888 First Street using the link called ‘‘eLibrary’’ or from the
notify their constituents of this NE., Room 1A, Washington, DC 20426. Commission’s Public Reference Room, 888 First
proposed project and encourage them to Street NE., Washington, DC 20426, or call (202)
comment on their areas of concern. Summary of the Proposed Project 502–8371. For instructions on connecting to
eLibrary, refer to the last page of this notice.
If you are a landowner receiving this Texas Eastern proposes to construct 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the
notice, a pipeline company pipeline and aboveground facilities in environmental staff of the Commission’s Office of
representative may contact you about the City of Linden, Union County, New Energy Projects.

VerDate Sep<11>2014 17:44 Aug 10, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1
Document Created: 2018-02-09 11:27:26
Document Modified: 2018-02-09 11:27:26
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 53140
81 FR 53140 - Texas Eastern Transmission, LP; Notice of Intent To Prepare an Environmental Assessment for the Proposed Bayway Lateral Project, and Request for Comments on Environmental Issues

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 81, Issue 155 (August 11, 2016)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
