[Federal Register Volume 65, Number 56 (Wednesday, March 22, 2000)]
[Rules and Regulations]
[Pages 15234-15238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7062]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 157 and 380

[Docket No. RM98-17-001; Order No. 609-A]


Landowner Notification, Expanded Categorical Exclusions, and 
Other Environmental Filing Requirements

Issued March 16, 2000.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final Rule; Order on Rehearing.

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SUMMARY: On rehearing the Federal Energy Regulatory Commission 
(Commission) reaffirms its basic determinations in Order 609 and 
modifies and clarifies certain aspects of the Final Rule. Order 609 
added certain early landowner notification requirements to its 
regulations under the Natural Gas Act (NGA) that will ensure that 
landowners who may be affected by a pipeline's proposal to construct 
natural gas pipeline facilities have sufficient opportunity to 
participate in the Commission's certificate process. The Final Rule 
also amended certain areas of its regulations to provide pipelines with 
greater flexibility and to further expedite the certificate process, 
including: expanding the list of activities categorically excluded from 
the need for an Environmental Assessment under the Commission's 
regulations; expanding the types of events that allow pipelines to 
rearrange facilities under their blanket construction certificates; and 
adding certain other environmental requirements.

DATES: The revisions to the regulations in this order on rehearing 
become effective April 21, 2000.

ADDRESSES: Federal Energy Regulatory Commission, 888 First Street, 
N.E., Washington, D.C. 20426.

FOR FURTHER INFORMATION CONTACT:

John S. Leiss, Office of Energy Projects, Federal Energy Regulatory 
Commission, 888 First Street, N.E., Washington, DC 20426, (202) 208-
1106
Carolyn Van Der Jagt, Office of the General Counsel, Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, 
(202) 208-2246.

SUPPLEMENTARY INFORMATION:

I. Introduction

    In this order the Federal Energy Regulatory Commission (Commission) 
is modifying and clarifying certain aspects of the Final Rule issued in 
Order No. 609. \1\ Generally, this order: (1) Requires that the 
Commission's notice of application and information on how to intervene 
be included in the notification to affected landowners; (2) Expands the 
definition of ``affected landowner'' to include owners of residences 
within 50 feet of the proposed construction work area; (3) Clarifies 
the requirements for the newspaper notice; (4) Explains how the notice 
requirement pertains to storage fields; (5) Denies a request to 
eliminate the requirement to provide an explanation of state eminent 
domain laws; (6) Allows a waiver of the 30-day notice requirement for 
blanket activities when the landowner agrees to the waiver and/or when 
the landowner requests the service/facility; (7) Requires no 
notification for non-ground disturbing projects; and (8) Clarifies that 
new injection/withdrawal wells cannot be constructed under Sec. 2.55 of 
the Commission's regulations or under a pipeline's blanket certificate 
authorization.
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    \1\ Landowner Notification, Expanded Categorical Exclusions, and 
Other Environmental Filing Requirements, Order No. 609, 64 FR 57374, 
(Oct. 25,1999), FERC Stats. and Regs. para.31,082 (Oct. 13, 1999).
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II. Background

    On October 13, 1999, the Commission issued a Final Rule in Order 
No. 609. The Final Rule: (1) Provided for earlier and more informed 
landowner involvement in natural gas projects; (2) Streamlined the 
regulation process by categorically excluding certain types of 
activities from the need to have an Environmental Assessment prepared 
for them; and (3) Updated the environmental requirements for projects 
under the Natural Gas Act (NGA).
    The Commission received rehearing/clarification requests from three 
parties including Columbia Gas Transmission Corporation (Columbia), 
Interstate Natural Gas Association of America (INGAA), and Williston 
Basin Interstate Pipeline Company (Williston Basin). Travis Kenneth 
Bynum filed a ``Motion to Deny Rehearing,'' alleging that the motions 
of the other parties failed to establish error on the part of the 
Commission. We address each of the requests for rehearing/clarification 
below, granting or denying them as discussed herein.

III. Discussion

A. Landowner Notification

    In the Final Rule, the Commission required in Sec. 157.6(d) that 
all applicants seeking authorization under Part 157 of the Commission's 
regulations notify all affected landowners of record, as indicated in 
the most recent tax rolls, of their application by certified or first 
class mail (or by hand) within three (3) business days following the 
date a docket number is assigned to the filed application.
1. Notification of Intervention Deadline
    The intent of the Commission in implementing Sec. 157.6(d) was to 
ensure that landowners who may be affected by a pipeline's proposal to 
construct natural gas pipeline facilities have sufficient opportunity 
to participate in the Commission's certificate process. In the Final 
Rule, we required that the notice mailed by applicants to affected 
landowners include, among other information: (1) The docket number of 
the filing; (2) The most recent edition of the Commission's pamphlet 
explaining the Commission's certificate process; and (3) A brief 
summary of what rights the landowner has at FERC. However, we did not 
require that the notice include the deadline for interested parties to 
file timely requests to intervene in the Commission's proceedings on 
the application.
    The reason for that omission is that Sec. 157.6(d) requires notice 
to be sent within three business days of the date a docket number is 
assigned to the filed application, whereas the Commission's notice 
establishing the intervention deadline may not be issued for up to ten 
days after the date the application is filed. Currently, the 
Commission's notice is published in the Federal Register and is 
available to the public electronically on the Commission's Internet web 
site, but is not sent directly

[[Page 15235]]

to any party. Thus, after receiving notice of an application from the 
applicant, affected landowners will generally know how to get involved 
in the proceedings before the Commission, but will not know, without 
further effort on their part, by when they must act to do so in a 
timely manner. Further, while the Commission has, and will continue to 
liberally exercise its discretion in granting late-intervenor status to 
requesting landowners and other interested parties, many landowners 
resent having to request what they see as special permission to 
participate. \2\
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    \2\ We note that pursuant to Sec. 380.10 of the Commission's 
regulations, interested persons may have subsequent opportunities to 
file timely interventions on environmental issues.
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    To rectify this situation, we will modify the requirements of 
Sec. 157.6(d)(3) to require that the notice mailed to affected 
landowners include a copy of the Commission's notice of the 
application, specifically stating the date by which timely motions to 
intervene are due, together with the Commission's information sheet on 
how to intervene in Commission proceedings. This sheet is available on 
the Commission's Internet Website at http://www.ferc.fed.us/public/intervene.htm. To make the inclusion of these documents possible, we 
will also modify Sec. 157.6(1)(i) to require that the notice be sent 
within three days of the date the Commission notice is issued, rather 
than the date a docket number is assigned. Finally, we will require 
that the notice be mailed not only to affected landowners, but also to 
all towns, communities, and local, state and federal government 
agencies involved in the project. This expanded mailing list 
corresponds to those entities generally receiving the Commission's 
Notice of Intent to prepare an environmental assessment of a project.
2. Affected Landowners
    Section 157.6(d)(2)(ii) defines ``affected landowner'' to include 
owners whose property ``abuts either side of an existing right-of-way 
or facility site owned in fee by any utility company, or abuts the edge 
of a proposed right-of-way which runs along a property line in the area 
in which the facilities would be constructed.'' However, there may be 
instances where there is a residence in close proximity to the proposed 
right-of-way, but located on a parcel of land which does not abut the 
proposed right-of-way. Such property owners would clearly be affected 
by the proposed construction, but would not receive direct notification 
of the proposal under the requirement as stated above. Therefore, we 
will modify Sec. 157.6(d)(2)(ii) to include owners of residences within 
50 feet of the proposed construction work area.
3. Newspaper Notification
    Section 157.6(d)(1)(iii) requires that the applicant include a 
notice of the project in a newspaper(s) of general circulation in the 
project area within a week of the filing. Pursuant to the provisions of 
Sec. 157.6(d)(3), this notice must include: (1) The docket number of 
the filing; (2) A description of the applicant and the proposed 
project, the project's location (including a map), its purpose, and 
proposed timing; (3) A general description of what the pipeline will 
need from the landowner if the project is approved; (4) How to contact 
the applicant for further information; (5) A brief summary of what 
rights a person has at the Commission and their rights under the 
eminent domain rules in the relevant state; and (6) Information on how 
to get a copy of the application from the applicant or where copies of 
the application may be located for public review.

Comment

    On rehearing, INGAA states that as the regulation is currently 
written, the entire list of items that must be included in the 
landowner notification letter also must be included in the newspaper 
notification. INGAA asserts that this is a substantial amount of 
information to be printed in the newspaper. It suggests that the 
newspaper notice should only include the fact that an application has 
been filed at the Commission, the docket number, a general description 
of the route of the project, identification of a company contact 
person, and where copies of the application may be accessed. It also 
suggests that the newspaper notice only identify the other items that 
are listed in Sec. 157.6(d)(3) and allow the reader to contact the 
applicant if they wish more detailed information. It says this would 
avoid the lengthier and costlier newspaper notice that is currently 
required.

Commission Response

    Generally, INGAA's suggestion includes most of the items required 
for the landowner notice. The items INGAA proposes be omitted from the 
published notice include (1) A description of the company, (2) The 
project's purpose and timing, (3) A general description of what will be 
needed from landowners if the project is approved, (4) A general 
location map, and (5) A summary of the landowner's rights at the 
Commission and in eminent domain proceedings.
    First, we note that items (1), (2), and (3) should not involve a 
substantial amount of text and are basic to the purpose of the 
notification. Accordingly, that information should be printed in the 
newspaper to ensure the public can quickly judge whether or not the 
project is of interest to them. Similarly, including a general location 
map complements the project description and has the advantage of 
reducing inquiries from people who might otherwise be unsure of their 
physical relationship to the project's location. Therefore, those items 
should continue to be part of the newspaper notification.
    However, we find that at least a portion of (5) may be unnecessary 
for the published newspaper notice. While affected landowners, as 
defined by the regulations, have a need for basic information regarding 
eminent domain, the general public may not, since there is little 
chance that persons not meeting the regulation's definition of 
``affected landowner'' will be subject to condemnation. In addition, we 
believe that publishing the Commission's Internet Website address and 
the telephone number for the Commission's Office of External Affairs 
will provide sufficient information to enable those members of the 
general public who desire to become involved in the Commission's 
proceeding to do so. We will modify Sec. 157.6(d)(3)(v) accordingly. We 
will also modify Sec. 157.6(d)(3)(ii) to clarify that while pipelines 
are not required to include the Commission's pamphlet in the published 
notice, they should provide the title of the pamphlet and indicate its 
availability at the Commission's Internet address.
    Finally, we note that the regulations are silent as to the length 
of time the notice needs to be published in the newspaper. We will 
clarify that the newspaper notice must be published twice in a daily or 
weekly newspaper of general circulation in each county in which the 
project is located. This is consistent with the Commission's 
regulations under the Federal Power Act in Sec. 4.32(b)(6) of the 
Commission's regulations. We will modify Sec. 157.6(d)(1)(iii) 
accordingly.
4. Storage Fields
    As adopted in the Final Rule, Sec. 157.6(d)(2)(iv) defines affected 
landowners subject to the notice requirement as landowners whose land 
is ``within the area of new storage fields or expansions of storage 
fields, including any applicable buffer zone.''

[[Page 15236]]

Comment

    INGAA and Williston Basin contend that the discussion of this 
section in the Final Rule is unclear and may imply a broader 
notification requirement than is intended in the codified 
Sec. 157.6(d)(2)(iv). They request that the Commission clarify that 
pipelines are only required to notify surface and subsurface owners 
when proposing to develop and operate new storage fields or when 
expanding the boundaries of existing storage fields. They assert that 
storage fields encompass thousands of acres and have potentially 
hundreds of surface and subsurface property owners and that it would be 
burdensome and costly to notify all property interest owners within the 
entire certificated storage boundaries when a pipeline is replacing 
facilities under its blanket authority. Columbia makes a similar 
argument.

Commission Response

    Under Sec. 157.6(d)(2)(iv), if a new storage field is proposed, all 
owners of surface and subsurface property within the boundaries of the 
field and its buffer zone need to be notified of the project. If an 
existing storage field is proposed for expansion, all the surface and 
subsurface owners of property within the area between the existing 
certificate boundary and the proposed new certificate boundary of the 
field and its buffer zone need to be notified. If new facilities are 
being added within the existing certificate boundaries of an existing 
storage field and there is no change to the certificated boundaries, 
then Sec. 157.6(d)(2)(iv) does not apply. However, in the latter case, 
Secs. 157.6(d)(2)(i) through (ii) would apply.
5. Eminent Domain Proceedings and Landowner Rights
    In the Final Rule, Sec. 157.6(d)(3)(v) requires the notice to 
include a description of the rights a landowner has in proceedings at 
the Commission and in eminent domain proceedings in state court.

Comments

    INGAA states that the requirement to summarize state eminent domain 
laws is unreasonable. Specifically, INGAA contends that this notice 
requirement could result in landowners claiming that they have been 
given legal advice. INGAA claims that pipelines should not be required 
to provide any legal opinion as to what a landowner's rights are under 
the eminent domain rules of the state because any omissions or mistaken 
statements could expose the pipeline to unnecessary litigation. INGAA 
requests that the Commission eliminate this requirement. In the 
alternative, INGAA requests that the Commission clarify that a pipeline 
will have sufficiently complied with this section if it cites the state 
statutes, as of the date of the filing of the application, related to 
eminent domain.
    Further, INGAA requests that the Commission clarify that since the 
Commission's pamphlet explains a landowner's rights at the Commission, 
Sec. 157.6(d)(3)(v) is satisfied by the applicant's providing the 
Commission's pamphlet. It asserts that requiring the pipeline to 
separately summarize a landowner's rights at the Commission would be 
duplicative and may cause confusion if the pipeline's phrasing is 
different from the pamphlet's phrasing.

Commission Response

    We believe that the applicant should provide landowners with some 
basic information concerning what is involved in the eminent domain 
process. The general public is probably not greatly informed on these 
matters and may need to invest significant time and money just to get a 
basic understanding. We do not believe that providing this information 
would put the applicant at risk for unnecessary litigation, especially 
if the applicant prefaces its explanation with a disclaimer statement.
    Guardian Pipeline's (Guardian) Landowner Rights summary, filed in 
Docket No. CP00-36-000 and provided to affected landowners in that 
proceeding (and also posted on its Internet Website at 
www.guardianpipeline.com), is a good example of what the Commission 
expects the applicant to provide to the landowners. It starts with a 
disclaimer statement and recommends that if the individual has any 
questions about their rights, they should seek the advice of an 
attorney. Next, it refers to the Commission's pamphlet and gives a 
short summary of the landowners' rights at the Commission. After this 
summary, it refers readers to the Commission's Office of External 
Affairs for further information. It then briefly summarizes the 
pipeline's general right to eminent domain and summarizes the eminent 
domain laws in Wisconsin and Illinois. Finally, it refers readers to 
the Wisconsin Department of Commerce and the Illinois Attorney General, 
respectively, for further information on the individual state laws. We 
believe this format meets the requirements of our regulations without 
subjecting the applicant to any legal liability.
6. Blanket Projects.
    In the Final Rule, Sec. 157.203(d)(1) requires that the pipeline 
notify any affected landowner of a project which is automatically 
approved under the blanket certificate program of Subpart F of Part 157 
of the Commission's regulations. The notification must be provided at 
least 30 days prior to the beginning of construction activities or at 
the time easement negotiations begin, whichever is earlier.

Comments

    INGAA and Williston Basin request that the Commission allow 
landowners to waive the 30-day notice period when the landowner is 
provided notification of a proposed project. They contend that if the 
landowner agrees to waive the 30-day notice period the pipeline should 
be able to proceed with construction without the Commission requiring 
approval of the waiver from the Director of the Office of Energy 
Projects.
    INGAA also requests that the Commission clarify that landowner 
notice is not required for minor blanket projects that do not impact a 
landowner's property. This would include projects that are completely 
within the boundaries of an existing facility site or building, do not 
result in ground disturbance or, in the case of compression, do not 
increase air or noise emissions.
    Additionally, Williston Basin argues that no notification should be 
required for blanket activities involving construction within existing 
rights-of-way pursuant to existing easements. It asserts that the 
landowner has already given an easement and as long as the pipeline's 
use is consistent with that easement there is no reason for the 
landowner to be notified that the pipeline is performing activities 
allowed by that easement. Further, it claims that it is inconsistent 
for the Commission to treat identical facilities installed under 
Sec. 157.211 (e.g., farm taps) and Sec. 2.55(b) differently. It argues 
that activities performed under the two provisions have similar effects 
on landowners.

Commission Response

    First, we agree that the landowners should be allowed to 
specifically waive the 30-day notice period in writing, as long as they 
are provided the notice. We have modified Sec. 157.203(d)(1) 
accordingly. We note that on January 5, 2000, Reliant Energy Gas 
Transmission Company (Reliant) filed an application in Docket No. CP00-
66-000 seeking a general waiver of the 30-day notice requirement when 
the construction has been requested by the landowner, only

[[Page 15237]]

that landowner's property will be affected by the construction, and the 
landowner has waived the 30-day period. We believe that there is no 
need to require any landowner notification in this circumstance. 
Therefore, we are providing an exception in Sec. 157.6(d)(3)(iii) which 
makes notification unnecessary under these circumstances. This action 
will moot Reliant's request and we will issue a separate order 
dismissing that proceeding.
    With respect to minor, non-ground disturbing projects, we agree 
that no landowner notification is required as long as projects do not 
materially change the appearance of the site. We have modified 
Sec. 157.203(d)(3)(iv) accordingly.
    Finally, as stated in Order No. 609, the Commission wants the 
opportunity to hear and act on landowners' concerns when the pipeline 
conducts an activity subject to the Commission's jurisdiction. 
Facilities constructed under Sec. 2.55 are exempt from the Commission's 
jurisdiction, whereas activities performed under the pipelines' blanket 
certificates are subject to the Commission's jurisdiction. Further, 
facilities which may be constructed under Secs. 157.211 or 157.208 are 
different from those constructed under Sec. 2.55. In the latter case, 
an existing facility is being replaced by the same kind of facility, in 
the same location, entirely within an existing easement. Facilities 
constructed under blanket authority (either under Sec. 157.211 or 
Sec. 157.208) are usually at least partially outside of existing 
easements and are new. It is appropriate for the landowner to receive 
advance notice of such construction, even when it is anticipated by the 
existing easement. A signed easement agreement does not limit the right 
of a landowner to express concerns regarding additional uses of the 
land to the Commission, or to the company itself. The notice provides 
the landowner the opportunity to contact the pipeline or the Commission 
and to express such concerns.
7. Prior Notice Projects
    In the Final Rule, Sec. 157.203(d)(2) requires that the pipeline 
notify any affected landowner within three days of making the prior 
notice filing or at the time easement negotiations begin, whichever is 
earlier.

Comment

    INGAA requests that the Commission revise this section to require 
notification ``within 3 business days following the date that a docket 
number is assigned to the application or at the time the pipeline 
initiates easement negotiations, whichever is earlier'', to be 
consistent with the case-specific requirement.

Commission Response

    We agree and have modified Sec. 157.203(d)(2) accordingly.

B. Observation Wells

    In the Final Rule, the Commission stated that observation wells can 
be constructed under Sec. 2.55 of the Commission's regulations. The 
Final Rule also clarified that replacement wells can be constructed 
under Sec. 2.55(b) if the wells fit the requirements of that section.

Comment

    On rehearing, INGAA and Williston Basin request that the Commission 
clarify that the restrictions in Sec. 2.55 that require that the 
replacement facilities be ``in the same right-of-way or on the same 
site'' do not apply to replacement wells. They contend that replacement 
wells are usually in close proximity, but are generally not in the same 
exact location, as the original facility. Accordingly, they request 
that the Commission either clarify that the site restrictions in 
Sec. 2.55(b)(1)(ii) are not applicable to replacement wells or that 
replacements wells that do not qualify under Sec. 2.55(b) because of 
the site restriction can be drilled under the pipeline's blanket 
certificate as long as those wells do not alter the certificated 
deliverability, capacity, or boundary of the field.

Commission Response

    It was the Commission's intent that only replacement facilities 
which are in the same right-of-way or on the same site as the original 
facilities be constructed under Sec. 2.55(b). Therefore, we cannot 
clarify the provision as proposed by the commenters. Moreover, as 
stated in Order Nos. 603-A, 603-B, and 609, the Commission does not 
believe that blanket certificate authorization provides adequate 
oversight of the construction of new injection/withdrawal wells, 
including those intended to replace existing wells, but constructed at 
a different site. Despite the fact that they are only intended to 
replace existing facilities, such wells may inherently alter the daily 
or seasonal deliverability, volumetric capacity, or boundary of a 
storage reservoir. Accordingly, separate NGA section 7(c) authorization 
is necessary prior to the drilling of replacement injection/withdrawal 
wells that are not on the site of the original facilities.

C. Other Clarifications

    Finally, we have made a few typographical corrections to the 
minimum filing requirements in Appendix A to Part 380.

IV. Document Availability

    In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
Internet through FERC's Home Page (http://www.ferc.fed.us) and in 
FERC's Public Reference Room during normal business hours (8:30 a.m. to 
5:00 p.m. Eastern time) at 888 First Street, N.E., Room 2A, Washington, 
DC 20426.
    From FERC's Home Page on the Internet, this information is 
available in both the Commission Issuance Posting System (CIPS) and the 
Records and Information Management System (RIMS).

--CIPS provides access to the texts of formal documents issued by the 
Commission since November 14, 1994.
--CIPS can be accessed using the CIPS link or the Energy Information 
Online icon. The full text of this document is available on CIPS in 
ASCII and WordPerfect 8.0 format for viewing, printing, and/or 
downloading.
--RIMS contains images of documents submitted to and issued by the 
Commission after November 16, 1981. Documents from November 1995 to the 
present can be viewed and printed from FERC's Home Page using the RIMS 
link or the Energy Information Online icon. Descriptions of documents 
back to November 16, 1981, are also available from RIMS-on-the-Web; 
requests for copies of these and other older documents should be 
submitted to the Public Reference Room.
    User assistance is available for RIMS, CIPS, and the Website during 
normal business hours from our Help line at (202) 208-2222 (E-Mail to 
[email protected]) or the Public Reference at (202) 208-1371 (E-
Mail to [email protected]).
    During normal business hours, documents can also be viewed and/or 
printed in FERC's Public Reference Room, where RIMS, CIPS, and the FERC 
Website are available. User assistance is also available.

List of Subjects

18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and 
Record keeping requirements.

[[Page 15238]]

18 CFR Part 380

    Environmental impact statements, Reporting and recordkeeping 
requirements.

By the Commission.
David P. Boergers,
Secretary.

    In consideration of the foregoing, the Commission amends Parts 157 
and 380, Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND 
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER 
SECTION 7 OF THE NATURAL GAS ACT

    1. The authority citation for Part 157 continues to read as 
follows:

    Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.

    2. In Sec. 157.6, paragraphs (d)(1) introductory text, (d)(1)(i) 
and (d)(1)(iii), (d)(2)(ii) and (d)(2)(iv), the last sentence of 
paragraph (d)(3)(ii) and paragraph (d)(3)(v) are revised; and a new 
paragraph (d)(3)(vii) is added to read as follows:


Sec. 157.6  Applications; general requirements.

* * * * *
    (d) * * *
    (1) For all applications filed under this subpart which include 
construction of facilities or abandonment of facilities (except for 
abandonment by sale or transfer where the easement will continue to be 
used for transportation of natural gas), the applicant shall make a 
good faith effort to notify all affected landowners and towns, 
communities, and local, state and federal governments and agencies 
involved in the project:
    (i) By certified or first class mail, sent within 3 business days 
following the date the Commission issues a notice of the application; 
or
    (ii) * * *
    (iii) By publishing notice twice of the filing of the application, 
no later than 14 days after the date that a docket number is assigned 
to the application, in a daily or weekly newspaper of general 
circulation in each county in which the project is located.
    (2) * * *
    (ii) Abuts either side of an existing right-of-way or facility site 
owned in fee by any utility company, or abuts the edge of a proposed 
facility site or right-of-way which runs along a property line in the 
area in which the facilities would be constructed, or contains a 
residence within 50 feet of the proposed construction work area;
* * * * *
    (iv) Is within the area of proposed new storage fields or proposed 
expansions of storage fields, including any applicable buffer zone.
    (3) * * *
    (ii) * * * Except: pipelines are not required to include the 
pamphlet in notifications of abandonments or in the published newspaper 
notice. Instead, they should provide the title of the pamphlet and 
indicate its availability at the Commission's Internet address;
* * * * *
    (v) A brief summary of what rights the landowner has at the 
Commission and in proceedings under the eminent domain rules of the 
relevant state. Except: pipelines are not required to include this 
information in the published newspaper notice. Instead, the newspaper 
notice should provide the Commission's Internet address and the 
telephone number for the Commission's Office of External Affairs; and
* * * * *
    (vii) A copy of the Commission's notice of application, 
specifically stating the date by which timely motions to intervene are 
due, together with the Commission's information sheet on how to 
intervene in Commission proceedings. Except: pipelines are not required 
to include the notice of application and information sheet in the 
published newspaper notice. Instead, the newspaper notice should 
indicate that a separate notice is to be mailed to affected landowners 
and governmental entities.
* * * * *
    3. In Sec. 157.203, paragraphs (d)(1) introductory text and (d)(2) 
introductory text are revised and new paragraphs (d)(3)(iii) and 
(d)(3)(iv) are added to read as follows:


Sec. 157.203  Blanket certification.

* * * * *
    (d) * * *
    (1) Except as identified in paragraph (d)(3) of this section, no 
activity described in paragraph (b) of this section is authorized 
unless the company makes a good faith effort to notify all affected 
landowners, as defined in Sec. 157.6(d)(2), at least 30 days prior to 
commencing construction or at the time it initiates easement 
negotiations, whichever is earlier. A landowner may waive the 30-day 
prior notice requirement in writing as long as the notice has been 
provided. The notification shall include at least:
* * * * *
    (2) For activities described in paragraph (c) of this section, the 
company shall make a good faith effort to notify all affected 
landowners, as defined in Sec. 157.6(d)(2), within at least three 
business days following the date that a docket number is assigned to 
the application or at the time it initiates easement negotiations, 
whichever is earlier. The notice should include at least:
* * * * *
    (3) * * *
    (iii) No landowner notice is required if there is only one 
landowner and that landowner has requested the service or facilities.
    (iv) No landowner notice is required for activities that do not 
involve ground disturbance or changes to operational air and noise 
emissions.

PART 380--[AMENDED]

    4. In Appendix A to Part 380:
    a. The reference to ``(Secs. 380.12 (a)(4) and (c)(10))'' in 
paragraph number 8 under Resource Report 1--General Project Description 
is revised to read ``(Sec. 380.12(c)(10))'';
    b. The reference to ``(Sec. 380.12 (f)(1)(ii) & (2))'' in paragraph 
number 1 under Resource Report 4--Cultural Resources is revised to read 
``(Sec. 380.12 (f)(1)(i) & (2))'';
    c. The reference to ``(Sec. 380.12 (f)(1)(iii) & (2))'' in 
paragraph number 2 under Resource Report 4 is revised to read 
``(Sec. 380.12 (f)(1)(ii) & (2))''; and
    d. The reference to ``(Sec. 380.12 (l)(3))'' in paragraphs number 4 
and 5 under Resource Report 10--Alternatives is revised to read 
``(Sec. 380.12 (l)(2)(ii))''.
[FR Doc. 00-7062 Filed 3-21-00; 8:45 am]
BILLING CODE 6717-01-P