
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59896-59899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18644]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-519-000]


Rio Bravo Pipeline Company, LLC; Notice of Scoping Period 
Requesting Comments on Environmental Issues for the Proposed Rio Bravo 
Pipeline Route 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 Rio Bravo Pipeline Route Amendment 
(Route Amendment), which involves four minor route adjustments to the 
previously authorized pipeline alignment, as well as a pipe thickness 
design modification to use an alternative maximum allowable operating 
pressure (MAOP) calculation, as compared to the previously authorized 
Rio Bravo Pipeline Project, which was approved by the Commission on 
November 22, 2019, in Docket No. CP16-455-000.\1\ Please note that the 
previously approved Rio Bravo Pipeline Project and Rio Bravo Pipeline 
Project Amendment are not under re-consideration in this Route 
Amendment. The Commission will use the environmental document referred 
to in this notice in its decision-making process to determine whether 
the four minor route adjustments and alternative MAOP proposed in the 
Route Amendment are in the public convenience and necessity.
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    \1\ The Rio Bravo Pipeline Project was amended, as approved by 
the Commission on April 21, 2023, in docket no. CP20-481-000.
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    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies regarding the Route Amendment. 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

[[Page 59897]]

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 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 22, 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 Route 
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 Route Amendment. State and local government 
representatives should notify their constituents of this proposed Route 
Amendment and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a Rio Bravo Pipeline 
Company, LLC (Rio Bravo) representative may contact you about the 
acquisition of an easement to construct, operate, and maintain the 
facilities proposed in the Route Amendment. 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 Route 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.
    Rio Bravo 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-
519-000) 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 Route Amendment

    The four proposed route adjustments are specific to Willacy and 
Cameron Counties, Texas, as detailed below:
     adjust the certificated route between approximate milepost 
(MP) 69.8 to approximate MP 79.4 in Willacy County to conform to the 
U.S. Fish and Wildlife Service's Biological Opinion issued for the Rio 
Bravo Pipeline Project and to minimize impacts on potential ocelot 
habitat (the ``U.S. Fish and Wildlife Service Route Adjustment'');
     adjust the certificated route between approximate MP 92.4 
and MP 93.0 in Willacy County to accommodate requirements of the 
International Boundary and Water Commission and landowner requests (the 
``North Floodway Route Adjustment'');
     adjust the certificated route between approximate MP 99.7 
and MP 100.5 in Willacy and Cameron Counties to accommodate a landowner 
request (the ``Arroyo Colorado Route Adjustment'');
     relocate a meter station and extend the approved Rio Bravo 
Pipeline route approximately 0.6 mile in Cameron County from the 
currently certificated terminus site to the meter station within the 
fence line of the approved Rio Grande LNG Terminal site (the ``Terminus 
Adjustment'');
     modify the design (pipe wall thickness) of a majority of 
the route located in Class 1 areas to use an ``alternative MAOP,'' 
which would maintain the currently authorized MAOP of 1,825 pounds per 
square inch gauge, decrease the pipe wall thickness of the 48-inch-
diameter pipeline from 0.87 inch to 0.78 inch, decrease the pipe wall 
thickness of the 42-inch-diameter

[[Page 59898]]

pipeline from 0.761 inch to 0.682 inch, and change the pipeline design 
factor from 0.72 to 0.80, each as consistent with and approved by the 
U.S. Department of Transportation's Pipeline and Hazardous Materials 
Safety Administration regulations specified in title 49 of the Code of 
Federal Regulations Part 192.620; and
     increase the proposed wall thickness of the pipeline 
system for certain Class 2 areas and bore locations.
    The general locations of the Route Amendment facilities are shown 
in appendix 1.\2\
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    \2\ 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

    Commission staff is currently assessing the relative increases and/
or decreases in impacts on land that would result from the Route 
Amendment compared to the project as certificated. Apart from the four 
discrete route adjustment locations, the Rio Bravo Pipeline facilities 
and activities will be located and constructed within workspaces as 
reflected in FERC's final EIS issued under Docket No. CP16-454-000, as 
updated in the Amendment EA issued under Docket No. CP20-481-000. 
According to Rio Bravo, the Route Amendment would affect less wetland, 
forest land, and prime farmland soil acreage compared to the project as 
currently authorized.

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 four route adjustment locations proposed in the Route 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 Route Amendment or portions of the Route 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 
Route 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 \3\ 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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    \3\ 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 Route Amendment to formally cooperate in 
the preparation of the environmental document.\4\ 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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    \4\ 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 Texas State Historic Preservation Office, and to 
solicit their views and those of other government agencies, interested 
Indian tribes, and the public on the project amendment's potential 
effects on historic properties.\5\ The environmental document for this 
Route Amendment will document findings on the impacts on historic 
properties and summarize the status of consultations under section 106.
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    \5\ 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 four 
proposed route adjustment locations (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 Route 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 Route 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 CP23-519-000 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

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    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the Route Amendment 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 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 23, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-18644 Filed 8-29-23; 8:45 am]
BILLING CODE 6717-01-P


