[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41395-41397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16500]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-482-000]


NET Mexico Pipeline Partners, LLC: Notice of Intent To Prepare an 
Environmental Assessment for the Proposed NET Mexico Pipeline Project 
and Request for Comments on Environmental Issues

    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 NET Mexico Pipeline Project 
(Project) involving construction and operation of border crossing 
facilities at the international border between Mexico and the United 
States in Starr County, Texas by NET Mexico Pipeline Partners, LLC (NET 
Mexico). The Commission will use this EA in its decision-making process 
to determine whether the Project is 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 on the Project. Your input will help the Commission staff 
determine what issues they need to evaluate in the EA. Please note that 
the scoping period will close on August 2, 2013.
    You may submit comments in written form or verbally. Further 
details on how to submit written comments are in the Public 
Participation section of this notice.
    This notice is being sent to the Commission's current environmental 
mailing list for the Project. State and local government 
representatives should notify their constituents of this planned 
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the planned facilities. The company 
would seek to negotiate a mutually acceptable agreement. However, if 
the Commission approves the Project, 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 where compensation would be determined in accordance with 
state law.
    NET Mexico provided landowners with a fact sheet prepared by the 
FERC

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entitled ``An Interstate Natural Gas Facility On My Land? What Do I 
Need To Know?'' This fact sheet addresses a number of typically-asked 
questions, including the use of eminent domain and how to participate 
in the Commission's proceedings. It is also available for viewing on 
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    NET Mexico proposes to construct a new border crossing at the 
international boundary between the United States and Mexico in Starr 
County, Texas. The Project would consist of approximately 1,400 feet of 
48-inch-diameter natural gas pipeline, directionally drilled underneath 
the Rio Grande River in Starr County, Texas. The new pipeline would 
have a design capacity of 2.1 billion cubic feet per day (Bcf/d), and a 
maximum allowable operating pressure of 1,480 pounds per square inch 
gauge designed to transport natural gas to a new delivery interconnect 
with NET Mexico's non-jurisdictional intrastate pipeline and to a new 
interconnection with the Los Ramones Pipeline at the United States-
Mexico border.
    The general location of the Project is shown in Appendix.\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'' 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.
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Non-Jurisdictional Facilities

    In addition to the facilities described above, NET Mexico would 
perform activities that are not under the jurisdiction of the FERC 
(non-jurisdictional). NET Mexico would construct and operate 
approximately 124 miles of 42-inch-diameter non-jurisdictional 
intrastate pipeline. The non-jurisdictional intrastate pipeline would 
consist of a header system with 100,000 horsepower of compression in 
Nueces County, Texas with interconnections with six Texas intrastate 
pipelines and two interstate pipelines. NET Mexico would connect to 
four Texas processing plants in Nueces, Jim Wells, Kenedy and Starr 
counties, Texas.
    NET Mexico would also construct about 1, 247 feet of 48-inch-
diameter pipeline on the Mexican side of the international border. Los 
Ramones would own and operate all facilities on the Mexican side of the 
international border.
    These related non-jurisdictional facilities are not subject to the 
FERC's review procedures. In the EA, we will provide available 
descriptions of the non-jurisdictional facilities and include them 
under our analysis of cumulative impacts.

Land Requirements for Construction

    Construction of the planned facilities would require ground 
disturbance of approximately 8.2 acres of land for the pipeline. NET 
Mexico would require approximately 3.4 acres for one temporary access 
road and 4.5 acres for temporary workspace. Following construction, NET 
Mexico would maintain 0.3 acre for operation of the Project and the 
remaining 7.9 acres would be revegetated to preconstruction use.

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 
\2\ 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 notice, the Commission requests public 
comments on the scope of the issues to address in the EA. We will 
consider all filed comments during the preparation of the EA.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    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;
     water resources and fisheries;
     vegetation, wildlife, and endangered and threatened 
species;
     land use and cumulative impacts;
     cultural resources;
     air quality and noise; and
     public safety.
    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.
    The EA will present our independent analysis of the issues. The EA 
will be available in the public record through eLibrary. Depending on 
the comments received during the scoping process, we may also publish 
and distribute the EA to the public for an allotted comment period. We 
will consider all comments on the EA before making our recommendations 
to the Commission. To ensure we have the opportunity to consider and 
address your comments, please carefully follow the instructions in the 
Public Participation section beginning on page 5.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to the environmental issues 
related to this Project to formally cooperate with us in the 
preparation of the EA.\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, Part 1501.6.
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Consultations 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, we are using this notice to initiate consultation 
with the Texas Historical Commission (THC), 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\ We will define the Project-specific Area of Potential 
Effects in consultation with the State Historic Preservation Officer as 
the Project develops. On natural gas facility projects, the Area of 
Potential Effects at a minimum encompasses all areas subject to ground 
disturbance (examples include construction right-of-way, contractor/
pipe storage yards, meter stations, and access roads). Our EA for this 
Project will document our 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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Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the 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

[[Page 41397]]

your comments are timely and properly recorded, please send your 
comments so that the Commission receives them in Washington, DC on or 
before August 2, 2013.
    For your convenience, there are three methods you can use to submit 
your comments to the Commission. In all instances, please reference the 
Project docket number (CP13-482-000) with your submission. The 
Commission encourages electronic filing of comments and has expert 
staff available to assist you at (202) 502-8258 or [email protected].
    (1) You can file your comments electronically using the eComment 
feature located on the Commission's Web site (www.ferc.gov) under the 
link to Documents and Filings. This is an easy method for interested 
persons to submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling 
feature located on the Commission's Web site (www.ferc.gov) under the 
link to Documents and Filings. 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 must select the type of filing you are making. If 
you are filing a comment on a particular project, please select 
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 
20426.

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 affected landowners (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. We will update the environmental mailing list 
as the analysis proceeds to ensure that we send the information related 
to this environmental review to all individuals, organizations, and 
government entities interested in and/or potentially affected by the 
planned Project.
    If we publish and distribute the EA, copies of the completed EA 
will be sent to the environmental mailing list for public review and 
comment. If you would prefer to receive a paper copy of the document 
instead of the CD version or would like to remove your name from the 
mailing list, please return the attached Information Request (Appendix 
3).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want 
to become an ``intervenor,'' which is an official party to the 
Commission's 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 the proceeding by filing a 
request to intervene. Instructions for becoming an intervenor are in 
the User's Guide under the ``e-filing'' link on the Commission's Web 
site at http://www.ferc.gov/help/how-to/intervene.asp.

Additional Information

    Additional information about the Project is available from the 
Commission's Office of External Affairs, at (866) 208-FERC, or on the 
FERC Web site (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 (i.e., CP13-
482). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] or toll free at (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 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 www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the 
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: July 2, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-16500 Filed 7-9-13; 8:45 am]
BILLING CODE 6717-01-P