[Federal Register Volume 74, Number 24 (Friday, February 6, 2009)]
[Notices]
[Pages 6279-6281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2526]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF09-4-000]


Fayetteville Express Pipeline, LLC; Notice of Intent To Prepare 
an Environmental Assessment for the Fayetteville Express Pipeline 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meetings

January 30, 2009.
    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 Fayetteville Express Pipeline 
Project (project) planned by Fayetteville Express Pipeline, LLC (FEP). 
The project consists of about 185 miles of 42-inch-diameter pipeline 
within the states of Arkansas and Mississippi.
    This notice announces the opening of the scoping process used to 
gather input from the public and interested agencies on the project. 
Your input will help the Commission staff determine which issues need 
to be evaluated in the EA. The staff will also use the scoping process 
to determine whether preparation of an environmental impact statement 
is more appropriate for this project based on the anticipated level of 
impacts. Please note that the scoping period will close on March 2, 
2009.
    Comments regarding this project may be submitted in written form or 
verbally. Further details on how to submit written comments are 
provided in the Public Participation section of this notice. In lieu of 
or in addition to sending written comments, we invite you to attend the 
public scoping meetings we have scheduled as follows:

[[Page 6280]]



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             Date and time                           Location
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Tuesday, February 17, 2009; 7 p.m......  Carmichael Community Center,
                                          801 S. Elm St., Searcy, AR
                                          72143.
Wednesday, February 18, 2009; 7 p.m....  Forrest City Civic Center, 1335
                                          N. Washington, Forrest City,
                                          AR 72335.
Thursday, February 19, 2009; 7 p.m.....  Batesville Civic Center, 290
                                          Civic Center Drive,
                                          Batesville, MS 38606.
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    Interested groups and individuals are encouraged to attend the 
meetings and to present comments on the environmental issues that they 
believe should be addressed in the EA. A transcript of the meetings 
will be generated so that your comments will be accurately recorded.
    This Notice of Intent (NOI) is being sent to affected landowners; 
federal, state, and local government representatives and agencies; 
environmental and public interest groups; Native American tribes; other 
interested parties in this proceeding; and local libraries and 
newspapers. We \1\ encourage government representatives to notify their 
constituents of this planned project and encourage them to comment on 
their areas of concern.
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    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the FERC's Office of Energy Projects.
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    If you are a landowner receiving this notice, you may be contacted 
by a pipeline company representative about the acquisition of an 
easement to construct, operate, and maintain the planned facilities. 
The pipeline company would seek to negotiate a mutually acceptable 
agreement. However, if the project is approved by the Commission, 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 in accordance with 
state law.
    A fact sheet prepared by the FERC, ``An Interstate Natural Gas 
Facility on My Land? What Do I Need to Know?'' is available for viewing 
on the FERC Web site (http://www.ferc.gov). This fact sheet addresses a 
number of typically asked questions, including those focusing on the 
use of eminent domain and how to participate in the FERC's proceedings.

Summary of the Planned Projects

    The planned Fayetteville Express Pipeline Project would consist of 
the following facilities:
     About 185 miles of 42-inch-diameter pipeline in Conway, 
Faulkner, Cleburne, White, Woodruff, Saint Francis, Lee, and Phillips 
Counties in Arkansas; and Coahoma, Quitman, and Panola Counties in 
Mississippi;
     A new 72,000 horsepower (hp) compressor station in White 
County, Arkansas;
     18 metering and regulation (M&R) stations at planned 
interconnections in Conway, Faulkner, White, and Cleburne Counties, 
Arkansas; and Coahoma, Quitman, and Panola Counties, Mississippi;
     18 mainline valves; and
     Up to two pig \2\ launcher and receiver facilities at the 
beginning and end of the pipeline, and a pig launcher and receiver 
facility at the Natural Gas Pipeline Company of America (NGPL) 
interconnection site in White County, Arkansas.
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    \2\ A pig is an internal tool that can be used to clean and dry 
a pipeline and/or to inspect it for damage or corrosion.
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    The Fayetteville Express Pipeline Project would provide FEP with 
approximately 2,000,000 dekatherms per day of capacity to accommodate 
new natural gas production from the Fayetteville Shale in north-central 
Arkansas to markets served by NGPL, Texas Gas Transmission, LLC (TGT), 
ANR Pipeline Company (ANR), and Trunkline Gas Company, LLC (Trunkline).
    A general location map of FEP's planned facilities is provided in 
Appendix 1.\3\
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    \3\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of all appendices, other 
than Appendix 1 (maps), are available on the Commission's Web site 
at the ``eLibrary'' link 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. Copies of the appendices were sent to all 
those receiving this notice in the mail.
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Land Requirements for Construction

    Construction of FEP's planned facilities would require about 4,265 
acres of land including aboveground facilities, pipeline, and access 
roads. Following construction, about 1,216 acres would be used for 
operation of the project's facilities. The remaining 3,049 acres of 
land would be restored or allowed to revert to former use along the 
pipeline right-of-way and aboveground facility sites.

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 
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 NOI, the Commission staff requests public 
comments on the scope of the issues to address in the EA. All comments 
received are considered during the preparation of the EA. State and 
local government representatives are encouraged to notify their 
constituents of this planned action and encourage them to comment on 
their areas of concern.
    In the EA we will discuss impacts that could occur as a result of 
the construction and operation of the planned project under these 
general headings:
     Geology and soils.
     Land use.
     Water resources, fisheries, and wetlands.
     Cultural resources.
     Vegetation and wildlife.
     Air quality and noise.
     Endangered and threatened species.
     Safety and reliability.
     Alternatives.
    We will also evaluate possible alternatives to the planned project 
or portions of the project, and make recommendations on how to lessen 
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already 
initiated our NEPA review under the Commission's Pre-filing Process. 
The purpose of the Pre-filing Process is to encourage early involvement 
of interested stakeholders and to identify and resolve issues before an 
application is filed with the FERC. As part of our Pre-filing Process 
review, we have begun to contact some federal and state agencies to 
discuss their involvement in the scoping process and the preparation of 
the EA. In addition, representatives from the FERC participated in 
public open houses sponsored by FEP in the project area on December 2-4 
and December 9-10, 2008, to explain the environmental review process to 
interested stakeholders.
    Our independent analysis of the issues will be in the EA. Depending 
on

[[Page 6281]]

the comments received during the scoping process, the EA may be 
published and mailed to federal, state, and local agencies, public 
interest groups, interested individuals, affected landowners, 
newspapers, libraries, and the Commission's official service list for 
this proceeding. A comment period will be allotted for review if the EA 
is published. We will consider all comments on the EA before we make 
our recommendations to the Commission. To ensure your comments are 
considered, please carefully follow the instructions in the public 
participation section below.
    With this NOI, we are asking federal, state, and local agencies 
with jurisdiction and/or special expertise with respect to 
environmental issues to formally cooperate with us in the preparation 
of the EA. These agencies may choose to participate once they have 
evaluated the proposal relative to their responsibilities. Additional 
agencies that would like to request cooperating agency status should 
follow the instructions for filing comments provided under the Public 
Participation section of this NOI.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention based on a preliminary review of the planned facilities and 
the environmental information provided by FEP. This preliminary list of 
issues may be changed based on your comments and our analysis.
     Potential impacts on National Wildlife Refuges in 
Arkansas;
     Construction methods at waterbody crossings; and
     Proximity to Texas Gas Transmission's Fayetteville-
Greenville Expansion Project, currently completing construction.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the Fayetteville Express Pipeline Project. 
Your comments should focus on the potential environmental effects, 
reasonable alternatives, and measures to avoid or lessen environmental 
impacts. The more specific your comments, the more useful they will be. 
To ensure that your comments are timely and properly recorded, please 
send in your comments so that they will be received in Washington, DC 
on or before March 2, 2009.
    For your convenience, there are three methods in which you can use 
to submit your comments to the Commission. In all instances please 
reference the project docket number PF09-4-000 with your submission. 
The docket numbers can be found on the front of this notice. The 
Commission encourages electronic filing of comments and has dedicated 
eFiling expert staff available to assist you at 202-502-8258 or 
[email protected].
    (1) You may file your comments electronically by using the Quick 
Comment feature, which is located on the Commission's Internet Web site 
at http://www.ferc.gov under the link to Documents and Filings. A Quick 
Comment is an easy method for interested persons to submit text-only 
comments on a project;
    (2) You may file your comments electronically by using the eFiling 
feature, which is located on the Commission's Internet Web site at 
http://www.ferc.gov under the link to Documents and Filings. eFiling 
involves preparing your submission in the same manner as you would if 
filing on paper, and then saving the file on your computer's hard 
drive. You will attach that file as your submission. New eFiling users 
must first create an account by clicking on ``Sign up'' or 
``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 may file your comments via mail to the Commission by 
sending an original and two copies of your letter to: Kimberly D. Bose, 
Secretary, Federal Energy Regulatory Commission, 888 First St., NE., 
Room 1A, Washington, DC 20426.
    Label one copy of the comments for the attention of Gas Branch 1, 
PJ11.1.

Environmental Mailing List

    An effort is being made to send this notice to all individuals, 
organizations, and government entities interested in and/or potentially 
affected by the planned project. This includes all landowners who are 
potential right-of-way grantors, whose property may be used temporarily 
for project purposes, or who own homes within distances defined in the 
Commission's regulations of certain aboveground facilities.
    If you do not want to send comments at this time but still want to 
remain on our mailing list, please return the Information Request 
(Appendix 2). If you do not return the Information Request, you will be 
taken off the mailing list.

Becoming an Intervenor

    Once FEP formally files its application with the Commission, you 
may want to become an ``intervenor,'' which is an official party to the 
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 a Commission proceeding by filing a request to 
intervene. Instructions for becoming an intervenor are included in the 
User's Guide under the ``eFiling'' link on the Commission's Web site. 
Please note that you may not request intervenor status at this time. 
You must wait until a formal application is filed with the Commission.

Availability of Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at 1-866-208-FERC or on the 
FERC Internet Web site (http://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. Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] or toll free at 1-866-208-3676, 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 now 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 http://www.ferc.gov/esubscribenow.htm.
    Public meetings or site visits will be posted on the Commission's 
calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx 
along with other related information.
    Finally, FEP has established an Internet Web site for its project 
at http://www.fepipeline.com. The site includes a project overview, 
contact information, regulatory overview, and construction procedures. 
FEP will continue to update its Web site with information about the 
project. You can also request additional information by calling FEP 
directly, at 1-501-268-7300 or e-mailing [email protected].

 Kimberly D. Bose,
 Secretary.
[FR Doc. E9-2526 Filed 2-5-09; 8:45 am]
BILLING CODE 6717-01-P