
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55445-55451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17469]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-513-000]


Port Arthur Pipeline, LLC; Notice of Scoping Period Requesting 
Comments on Environmental Issues for the Proposed Louisiana Connector 
Pipeline Amendment

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental document that will discuss 
the environmental impacts of the Louisiana Connector Pipeline 
Amendment, which involves 38 modifications to the previously authorized 
pipeline alignment, construction footprint, and installation methods 
for the Louisiana Connector Project, which was approved by the 
Commission on April 18, 2019, in docket no. CP18-7-000. Please note 
that the previously approved Louisiana Connector Project is not under 
re-consideration in this amendment. The Commission will use the 
environmental document referred to in this notice in its decision-
making process to determine whether the 38 modifications proposed in 
the amendment are 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

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Commission's NEPA process is described below in the NEPA Process and 
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 September 8, 2023. 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 specifically related to the modifications proposed in the 
amendment, which are detailed further below. 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.
    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 
amendment and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a Port Arthur 
Pipeline, LLC (PAPL) representative may contact you about the 
acquisition of an easement to construct, operate, and maintain the 
proposed amended 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 
amendment, 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.
    PAPL 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, 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 (866) 208-
3676 or [email protected].
    (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 located 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 (CP23-
513-000) 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, MD 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.
    The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or [email protected].

Summary of the Proposed Amendment

    The proposed amended facilities are specific to 38 locations in 
Jefferson County, Texas and Cameron, Calcasieu, Beauregard, and Allen 
Parishes, Louisiana (between milepost 0 in Jefferson County, Texas and 
milepost 82.5 south of Reeves in Allen Parish, Louisiana), as detailed 
below:
     modifications to pipeline routes, construction methods, 
horizontal directional drill (HDD) entry points, and additional 
temporary workspaces to accommodate landowner requests, to reduce 
environmental impacts, to avoid newly identified non-PAPL pipelines, to 
avoid new structures, or to allow for safer construction access;
     shifting of pipeline easements to allow the permanent 
easements to abut other existing permanent easements;
     addition and modification of access roads for geotechnical 
boring access and/or to allow better and safer access to the HDD drill 
pad for construction and HDD inspection;
     modification of equipment and material storage areas and 
staging areas to utilize areas that were recently and permanently 
impacted by other parties;
     modification to water approaches to use existing boat 
ramp/dock improvements;
     relocation of mainline valves to reduce the amount of 
permanent right-of-way needed, to facilitate operations and 
maintenance, to provide for safer access via road, and to allow access 
to power and communications to comply with new and anticipated U.S. 
Department of Transportation/Pipeline and Hazardous Materials Safety 
Administration requirements;
     modification of three waterbody crossings methodologies 
from open cut to an HDD as requested by the U.S. Army Corps of 
Engineers;
     combine, in two locations, multiple HDDs into a single HDD 
which would result in avoiding an open-cut crossing and eliminating an 
HDD; and

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     modification of HDD alignments to avoid conflicts with 
potential future deeper canal depths.
    The general location of the project amendment 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 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. For assistance, contact FERC at 
[email protected] or call toll free, (886) 208-3676 or TTY 
(202) 502-8659.
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Land Requirements for Construction

    Construction of the amended facilities would result in a net 
increase of approximately 20.9 acres of land as compared to what was 
previously authorized (total of 2,827.9 acres of land, as compared to 
2,807.0 acres). This net increase would be attributable to the 
temporary workspace increases in open water and industrial/commercial 
areas (31.3 acres and 17.6 acres, respectively), while being reduced in 
residential and natural areas (i.e., wetlands, forests, and other open 
land) by 28.1 acres. Wetland impacts would be reduced by 10.9 acres.
    Operation of the modified facilities would permanently impact 20.8 
acres less land (750.2 acres, as compared to 771.0 acres), most of 
which is accounted for in the removal of permanent access roads.

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 38 modifications proposed in the amendment under the relevant 
general resource areas:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     environmental justice;
     air quality and noise; and
     reliability and safety.
    Commission staff will also evaluate reasonable alternatives to the 
proposed amendment or portions of the amendment 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 
Environmental Assessment 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 amendment. 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.
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    \2\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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    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 amendment 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.
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    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Section 1501.8.
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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 Louisiana State Historic Preservation Office, 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 amendment will document 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 landowners affected by the 38 proposed modifications (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 amendment 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 amendment.
    If you need to make changes to your name/address, or if you would 
like to remove your name from the mailing list, please complete one of 
the following steps:
    (1) Send an email to [email protected] stating your 
request. You must include the docket number CP23-513-000 in your 
request. If you are requesting a change to your address, please be sure 
to include your name and the correct address. If you are requesting to 
delete your address from the mailing list, please include your name and 
address as it appeared on this notice. This email address is unable to 
accept comments.
    OR
    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the project amendment is available 
from the Commission's Office of External Affairs, at (866) 208-FERC, or 
on the FERC

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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 protected] or (866) 208-3676, 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.
    Any 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: August 9, 2023.
Kimberly D. Bose,
Secretary.
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[FR Doc. 2023-17469 Filed 8-14-23; 8:45 am]
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