[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Notices]
[Pages 13703-13704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04716]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2008-0213]


Pipeline Safety: Request for Special Permit; Empire Pipeline, 
Inc.

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice.

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SUMMARY: PHMSA is publishing this notice to solicit public comment on a 
request from Empire Pipeline, Inc., to renew a previously issued 
special permit. The special permit renewal request is seeking continued 
relief from compliance with certain requirements in the Federal 
pipeline safety regulations. At the conclusion of the 30-day comment 
period, PHMSA will review the comments received from this notice as 
part of its evaluation to grant or deny the special permit renewal 
request.

DATES: Submit any comments regarding this special permit request by 
April 8, 2020.

ADDRESSES: Comments should reference the docket number for this special 
permit request and may be submitted in the following ways:
     E-Gov Website: http://www.Regulations.gov. This site 
allows the public to entercomments on any Federal Register notice 
issued by any agency.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System: U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays.
    Instructions: You should identify the docket number for the special 
permit request you are commenting on at the beginning of your comments. 
If you submit your comments by mail, please submit two (2) copies. To 
receive confirmation that PHMSA has received your comments, please 
include a self-addressed stamped postcard. Internet users may submit 
comments at http://www.Regulations.gov.
    Note: There is a privacy statement published on http://www.Regulations.gov. Comments, including any personal information 
provided, are posted without changes or edits to http://www.Regulations.gov.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this notice contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this notice, it is important that you clearly designate 
the submitted comments as

[[Page 13704]]

CBI. Pursuant to 49 Code of Federal Regulations (CFR) Sec.  190.343, 
you may ask PHMSA to give confidential treatment to information you 
give to the agency by taking the following steps: (1) Mark each page of 
the original document submission containing CBI as ``Confidential''; 
(2) send PHMSA, along with the original document, a second copy of the 
original document with the CBI deleted; and (3) explain why the 
information you are submitting is CBI. Unless you are notified 
otherwise, PHMSA will treat such marked submissions as confidential 
under the FOIA, and they will not be placed in the public docket of 
this notice. Submissions containing CBI should be sent to Kay McIver, 
DOT, PHMSA-PHP-80, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001. Any commentary PHMSA receives that is not specifically designated 
as CBI will be placed in the public docket for this matter.

FOR FURTHER INFORMATION CONTACT: 
    General: Ms. Kay McIver by telephone at 202-366-0113, or by email 
at kay.mciver@dot.gov.
    Technical: Mr. Steve Nanney by telephone at 713-272-2855, or by 
email at steve.nanney@dot.gov.

SUPPLEMENTARY INFORMATION: PHMSA received a special permit renewal 
request from Empire Pipeline, Inc. (Empire), owned by National Fuel Gas 
Company, to continue its operations of the Empire State Pipeline as 
defined in the original special permit issued on May 20, 2010, and 
renewed on May 20, 2015. An additional special permit segment was added 
to the special permit on March 28, 2017. The present special permit 
term is through May 20, 2020. Empire's special permit renewal request 
submitted on November 22, 2019, seeks to waive compliance from the 
requirements of 49 CFR Sec.  192.611, ``Change in class location: 
Confirmation or revision of maximum allowable operating pressure''. 
This special permit renewal is being requested in lieu of pipe 
replacement or pressure reduction for six (6) special permit segments 
totaling 10,475 feet of 24-inch diameter Empire State Pipeline located 
in Genesee, Monroe, Niagara, and Wayne Counties, New York. The special 
permit renewal will allow the continued operation of the original Class 
1 pipe in Class 3 locations.
    The Empire State Pipeline is comprised of 157 miles of 24-inch 
diameter pipeline and transports natural gas from the Canadian and 
United States international border in Niagara County, New York to 
Oswego County, New York. The Empire State Pipeline was installed in 
1993 and has a maximum allowable operating pressure of either 1,440 
pounds per square inch gauge (psig) or 1,000 psig in the special permit 
segments.
    The special permit renewal request, existing special permit with 
conditions, and Environmental Assessment and Finding of No Significant 
Impact (EA/FONSI) for the Empire State Pipeline is available for review 
and public comment in Docket No. PHMSA-2008-0213. We invite interested 
persons to review and submit comments on the special permit renewal 
request and EA/FONSI in the docket. Please include any comments on 
potential safety and environmental impacts that may result if the 
special permit renewal is granted. Comments may include relevant data.
    Before issuing a decision on the special permit renewal request, 
PHMSA will evaluate all comments received on or before the comment 
closing date. Comments received after the closing date will be 
evaluated, if it is possible to do so without incurring additional 
expense or delay. PHMSA will consider each relevant comment it receives 
in making its decision to grant or deny this special permit renewal 
request.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2020-04716 Filed 3-6-20; 8:45 am]
BILLING CODE 4910-60-P


