Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. CP11-78-000]

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 Line AM-46 Replacement Project involving construction, operation, and abandonment of facilities by CenterPoint Energy Gas Transmission Company, LLC (CEGT) in Howard, Hempstead, Sevier, and Little River Counties, Arkansas. This EA will be used by the Commission 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 need to be evaluated in the EA. Please note that the scoping period will close on April 1, 2011.

The Office of Energy Projects staff will conduct on onsite environmental review of the project area on March 29, 2011 to gather data for its environmental assessment. Staff will examine the proposed pipeline route, facilities, and alternative routes filed by CEGT. Viewing of this area is anticipated to be from public access points. All interested parties are invited to attend but must provide their own transportation. Those attending should meet at the following location and time: Line AM-46 Replacement Project, FERC Environmental Site Review, March 29, 2011 at 9 a.m. Central Time, U.S. Army Corps of Engineers Millwood Lake Project Office, 1528 Hwy 32 East Ashdown, AR.

This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives are asked to 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, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The 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 where compensation would be determined in accordance with state law.

                    A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” was attached to the project notice CEGT provided to landowners. 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 (                    *http://www.ferc.gov*).                

## Summary of the Proposed Project

The Line AM-46 Replacement Project would involve abandonment and replacement of natural gas facilities to ensure continued supply of about 50 million standard cubic feet of natural gas per day to the Ashdown, Arkansas area. CEGT proposes to abandon in place related pipeline segments in Howard, Sevier, and Little River County, Arkansas. These segments cross Millwood Lake or associated waterbodies and were constructed between 1929 and 1965. Frequent repairs on these lines necessitate their replacement. CEGT proposes to replace these segments with a new pipeline which would bypass Millwood Lake and be located in Howard, Hempstead, and Little River Counties, Arkansas.

The Line AM-46 Replacement Project would consist of the following facilities:
    - Construction of 16.7 miles of 10-inch-diameter pipeline,
    - Construction of a pig launcher and receiver, [1]                                           and                
    - Abandonment of a total of 16.2 miles of 8- and 10-inch-diameter pipeline.

                    The general location of the project facilities is shown in appendix 1.[2] 

## Land Requirements for Construction

Construction of the proposed facilities would disturb about 196 acres of land for the aboveground facilities and the pipeline. Following construction, about 81 acres would be maintained for permanent operation of the project's facilities; the remaining acreage would be restored and allowed to revert to former uses. About 83 percent of the proposed pipeline route parallels existing pipeline, utility, or road rights-of-way.

## 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 [3]                                          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                           ( print page 12956)                        address in the EA. All comments received will be considered during the preparation of the EA.                

In the EA we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:
    - Geology and soils;
    - Water resources, fisheries, and wetlands;
    - Vegetation and wildlife;
    - Endangered and threatened species;
    - Land use;
    - Cultural resources;
    - Air quality and noise; and
    - Public safety.

We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas. 

Our independent analysis of the issues will be presented in the EA. The EA will be placed in the public record and, depending on the comments received during the scoping process, may be published and distributed to the public. A comment period will be allotted if the EA is published for review. 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 notice, we are asking 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. 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. 

## Currently Identified Environmental Issues 

We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by CEGT. This preliminary list of issues may be changed based on your comments and our analysis. 
    - Crossing of wetlands enlisted under the Wetland Reserve Program for the protection, restoration and enhancement of wetlands.
    - Potential impacts on federally listed threatened and endangered species occurring within the project area.

## 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 your comments are timely and properly recorded, please send your comments so that they will be received in Washington, DC on or before April 1, 2011. 

                    For your convenience, there are three methods which you can use to submit your comments to the Commission. In all instances please reference the project docket number (CP11-78-000) with your submission. The Commission encourages electronic filing of comments and has expert eFiling staff available to assist you at (202) 502-8258 or                     *efiling@ferc.gov.*

                    (1) You may file your comments electronically by using the                     *eComment*                     feature, which is located on the Commission's Web site at                     *http://www.ferc.gov*                     under the link to Documents and Filings. An eComment is an easy method for interested persons to submit brief, 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 Web site at                     *http: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 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 a paper copy of your comments at 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, 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 proposed project. If the EA is published for distribution, copies will be sent to the environmental mailing list for public review and comment. 

## 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 included in the User's Guide under the “e-filing” link on the Commission's Web site. 

## 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 at                     *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 (                    *i.e.,*                     CP11-78). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at                     *FercOnlineSupport@ferc.gov*                     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 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.*

                    Finally, 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.                 

      ( print page 12957)    
Dated: March 2, 2011. 

Kimberly D. Bose, 

Secretary. 

# Footnotes

1.                             A “pig” is a tool that is inserted into and moves through the pipeline, and is used for cleaning the pipeline, internal inspections, or other purposes.                    
        Back to Citation      

2.                             The appendices referenced in this notice are not being printed in the                         **Federal Register.**                         Copies of appendices were sent to all those receiving this notice in the mail and are available at                         *http://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.                    
        Back to Citation      

3.                             “We,” “us,” and “our” refer to the environmental staff of the Commission's Office of Energy Projects.                    
        Back to Citation      

[FR Doc. 2011-5316 Filed 3-8-11; 8:45 am]

BILLING CODE 6717-01-P