Federal Register / Vol. 62, No. 33 / Wednesday, February 19, 1997 / Notices 7475

operation and maintenance of the

Falcon Dam and Reservoir Project. No

final action will be taken on this site

specific document until the

Programmatic Environmental

Assessment is complete and final action

is declared on it.

The No Action Alternative is for the

USIBWC to not issue a land use permit

to TransTexas to construct a drill pad

and associated works on an island on

USIBWC real property at Porcion 18 at

Falcon Reservoir. BLM would only be

able to approve an application for

permit to drill from a site above the 307-

foot traverse property line; hence

outside the reservoir. TransTexas would

need to consider use of alternative

means to recover private and public

natural gas reserves within the reservoir.

The no action alternative would result

in no development below the 307-foot

traverse for private and public reserves

in the western portion of TransTexas’

lease area; avoidance of any potential

impacts associated with the proposed

action; the loss of tax and royalty

revenues to the local, state and federal

governments; the loss of royalty

revenues to mineral owners; and the

loss of an otherwise recoverable clean

energy source.

Environmental Assessment

The USIBWC has coordinated with

BLM, the agency responsible for

permitting Federal reserves within the

reservoir, and TransTexas in the

development of the Draft Environmental

Assessment (DEA). The DEA is tiered

from the PEA and describes the

historical and existing development of

oil and natural gas in the general

vicinity (but above the 307-foot traverse

property line) of the reservoir and the

planned oil and natural gas activities

within or adjacent to the Porcion 18 site.

It analyzes the specific impacts

expected from natural gas development

in the foreseeable future and the

cumulative environmental impacts of

natural gas development upon USIBWC

real property at Falcon Reservoir. The

Draft EA discusses mitigation measures

to avoid impacts to and minimize

degradation of environmental resources

within and adjacent to the reservoir.

The USIBWC approved the completed

DEA from TransTexas for proposed

natural gas development at Porcion 18,

and it is currently available for review

and comment.

Finding of the Environmental

Assessment

Final action on this site specific DEA

will not be taken until the Programmatic

Environmental Assessment is complete

and final action is declared on it. The

DEA indicates that the proposed action

for the USIBWC to issue a land use

permit for natural gas development

within the USIBWC real property at

Porcion 18 at Falcon Reservoir does not

constitute a major federal action which

would cause a significant local,

regional, or national adverse impact on

the environment based on the following

facts:

1. Construction, drilling and

production activities at the Porcion 18

swell pad site will have no significant

adverse impacts on air quality. Standard

construction practices to control fugitive

dust shall be used, and emissions will

be minimized through properly

maintained equipment.

2. The slight impacts from

construction, drilling and production

activities associated with noise at the

Porcion 18 well pad site are fully

mitigable through vegetative buffer

zones, equipment noise suppressors,

and avoidance of critical wildlife use

periods.

3. Negligible impacts to geologic and

water resources are mitigable through

the use of erosion and sediment control

measures and devices, secondary

containment measures, best

management practices during all phases

of development at the Porcion 18 well

pad site, and use of site specific spill

prevention control and countermeasure

plans.

4. Biological resources shall be

protected from impacts by total

avoidance of clearing within the heavy

brush corridor adjacent to Porcion 18,

reptile exclusion fences around the drill

pad location, and an interior least tern

monitoring plan coordinated by the

appropriate federal and state

conservation agencies. Based on site

surveys, federally listed species are not

likely to be adversely affected by the

proposed action provided these

mitigation measures are followed.

5. Impacts to cultural resources shall

be mitigated through avoidance of sites

determined to be eligible for the

National Register of Historic Places and

implementation of a Memorandum of

Agreement for mitigating impacts if

avoidance is not viable. These measures

shall be completed prior to BLM

approval of the application for permit to

drill, USIBWC issuance of a land use

permit, and any development at the

Porcion 18 drill site. Additionally,

construction activity shall be monitored

by a qualified archaeologist with full

authority to terminate construction if

cultural resources are likely to be

impacted at the site.

6. Negligible impacts associated with

land use and transportation will not

require additional mitigation.

7. Negligible impacts associated with

visual resources are mitigable through

properly placed night lighting, painting

of the facility to blend with the

surrounding terrain and vegetation, and

alignment of the access road and utility

corridor to limit the view of the facility

from the shoreline.

Availability

The DEA is available for public

review at the USIBWC Falcon Dam

Field Office, Falcon Road, Falcon

Heights, Texas 78545; and it has also

been distributed to Federal, State, and

local agencies and organizations that

have been consulted and coordinated

with in the preparation of the DEA. A

limited number of copies are available

to fill single copy requests at the above

address. The USIBWC will not take final

action on this DEA until the Draft

Programmatic Environmental

Assessment is complete and final action

is declared on it.

Dated: February 10, 1997.

Randall A. McMains,

Attorney.

[FR Doc. 97–4009 Filed 2–18–97; 8:45 am]

BILLING CODE 4710–03–M

Finding of No Significant Impact

AGENCY: United States Section,

International Boundary and Water

Commission, United States and Mexico.

ACTION: Notice of Finding of No

Significant Impact.

SUMMARY: Based on a Draft

Programmatic Environmental

Assessment (PEA) prepared by

TransTexas Gas Corporation

(TransTexas), Houston, Texas, to

address the potential adverse

environmental impacts of oil and

natural gas development within the

Falcon Dam and Reservoir Project, Starr

and Zapata counties, Texas; the United

States Section, international Boundary

and Water Commission, United States

and Mexico (USIBWC), finds that the

proposed action to grant exceptions to

the USIBWC policy of prohibiting

development within the reservoir is not

a major federal action that would have

a significant adverse effect on the

quality of the human environment.

Therefore, pursuant to section 102(2)(C)

of the National Environmental Policy

Act of 1969; the Council on

Environmental Quality Final

Regulations (40 CFR Parts 1500 through

1508); and the USIBWC’s Operational

Procedures for Implementing Section

102 of NEPA, published in the Federal

Register September 2, 1981 (46FR

44083–44094); the USIBWC hereby
7476 Federal Register / Vol. 62, No. 33 / Wednesday, February 19, 1997 / Notices

gives notice that an environmental

impact statement will not be prepared

for the proposed action.

ADDRESSES: Mr. Yusuf E. Farran,

Division Engineer, Environmental

Management Division, United States

Section, International Boundary and

Water Commission, United States and

Mexico, 4171 North Mesa Street, C–310,

El Paso, Texas 79902–1441. Telephone:

915/534–6704.

SUPPLEMENTARY INFORMATION: In

January, 1996, TransTexas Gas

Corporation (TransTexas) requested the

United States Section, International

Boundary and Water Commission,

United States and Mexico (USIBWC), to

grant them permission to install a drill

pad site above the 307-foot mean sea

level elevation on an island located

within USIBWC real property below the

307-foot elevation traverse (the United

States property line also called the

‘‘307-foot traverse’’) within the

international Falcon Reservoir for the

purpose of drilling eight natural gas

wells. The construction of the drill pad

on an island within the reservoir is

desirable, due mainly to technical

constraints associated with current

directional drilling, to enable the full

development of private and public gas

reserves in the western portion of

TransTexas’ lease area. The gas lease

area is situated entirely under Falcon

Reservoir with very limited land

available to reach the required bottom

hole locations.

The USIBWC began coordination with

the United States Bureau of Land

Management (BLM), the federal

authorizing agency which would

approve an application by TransTexas

for a permit to drill for federal reserves

within the reservoir. BLM indicated it

would not approve the application for

permit to drill until the USIBWC

determined whether it would waive the

stipulation that prohibits oil and natural

gas development at the site below the

307-foot traverse. Both agencies agreed

that due to a lack of both funding

resources and human resources for an

agency produced document and an

immediate need by TransTexas to gain

access to private and public reserves

within the reservoir, a third party

environmental analysis would be

acceptable for determination of the

significance of the impacts of the federal

action of the USIBWC granting

exceptions to its policy of prohibiting

any mineral exploration or development

within its property at Falcon Reservoir.

The USIBWC approved a scope of work

submitted by TransTexas and requested

it to develop, to the satisfaction of the

USIBWC, a programmatic

environmental assessment that

addresses the USIBWC’s granting

exceptions to its policy of prohibiting

any mineral exploration or development

upon USIBWC real property within

Falcon Reservoir.

Proposed Action

The action proposed is for the

USIBWC to grant exceptions on a caseby-case basis to its policy of prohibiting

oil and gas development upon USIBWC

real property under Falcon Reservoir.

Stipulation Number 1 is found in the

special stipulations attached to and

made a part of all BLM oil and gas leases

for the Falcon Dam and Reservoir

Project, and it reads as follows:

The lessee understands and agrees that a

negative easement is imposed in and upon

said land to prohibit the drilling or

deepening of any well for the purpose of

producing oil and/or gas and other minerals

provided, however, that exploration and

development of oil and/or gas and other

minerals under said land will be permitted

by directional drilling from locations off the

said land and above the 307-foot elevation

traverse.

The proposed action would alter

USIBWC policy so that limited

exceptions may be granted in

appropriate cases, allowing some oil

and gas exploration and development

on USIBWC real property located below

the 307-foot traverse property line at

Falcon Reservoir but above the 307-foot

mean sea level elevation.

Alternatives Considered

Two alternatives were considered in

the Draft Programmatic Environmental

Assessment (PEA):

The Proposed Action Alternative is

for the USIBWC to grant exceptions to

its policy of prohibiting oil and natural

gas development upon USIBWC real

property under Falcon Reservoir on a

case-by-case basis. If the USIBWC makes

the determination to allow exceptions to

this prohibition, BLM could then

approve applications for permits to drill

for oil and gas reserves located within

the reservoir. Separate environmental

assessments would then be prepared by

project proponents tiered from this PEA

to address the specific impacts of

drilling for oil and natural gas at

specific locations within the reservoir,

and the USIBWC would consider

issuing land use permits to ensure that

such works do not interfere with the

operation and maintenance of the

Falcon Dam and Reservoir Project. A

site specific environmental assessment

prepared by TransTexas that addresses

the impacts of natural gas development

upon USIBWC real property under

Falcon Reservoir is concurrently being

processed under separate notice in the

Federal Register. Although the site

specific document is prepared and

processed simultaneously with this

Draft Programmatic Environmental

Assessment for potential oil and natural

gas development on USIBWC real

property located below the 307-foot

traverse property line at Falcon

Reservoir, no final action will be taken

on the site specific document until the

PEA is complete and final action is

declared on it.

The No Action Alternative is for the

USIBWC to not grant any exceptions to

its policy of prohibiting oil and natural

gas development upon USIBWC real

property under Falcon Reservoir. BLM

would only be able to approve

applications for permits to drill from

sites above the 307-foot traverse

property line; hence outside the

reservoir. Project proponents would

need to consider use of alternative

means to recover private and public

natural gas reserves within the reservoir.

Since no oil and natural gas

development would be done within the

Falcon Reservoir, the USIBWC would

not issue land use permits to project

proponents. The no action alternative

would result in no development below

the 307-foot traverse for private and

public reserves in the reservoir;

avoidance of any potential impacts

associated with the proposed action; the

loss of tax and royalty revenues to the

local, state and federal governments; the

loss of royalty revenues to mineral

owners; and the loss of an otherwise

recoverable clean energy source.

Programmatic Environmental

Assessment

The USIBWC has coordinated with

BLM, the agency responsible for

permitting federal reserves within the

reservoir, and TransTexas in the

development of the Draft Programmatic

Environmental Assessment (PEA). The

PEA describes the historical and

existing development of oil and natural

gas in the general vicinity (but above the

307-foot traverse property line) of the

reservoir area and the planned oil and

natural gas activities within or adjacent

to potential drill sites on the United

States side of the international reservoir

in the reasonably foreseeable future. It

analyzes the general impacts expected

from such development in the

foreseeable future and the cumulative

environmental impacts of oil and

natural gas development within Falcon

Reservoir. The Draft PEA discusses

mitigation measures to minimize

degradation of environmental resources

within and adjacent to the reservoir.
Federal Register / Vol. 62, No. 33 / Wednesday, February 19, 1997 / Notices 7477

The PEA is envisioned to serve as a

baseline environmental document from

which other drilling proponents and

permit applicants will be able to tier site

specific environmental assessments for

similar activities within the reservoir

area. The USIBWC reviewed and

approved the completed Draft PEA from

TransTexas for proposed oil and gas

development within the reservoir, and it

is currently available for review and

comment.

Finding of the Programmatic

Environmental Assessment

The PEA finds that the proposed

action for the USIBWC to grant

exceptions to its policy of prohibiting

oil and natural gas development upon

USIBWC real property below the 307-

foot traverse property line at Falcon

Reservoir but above the 307-foot mean

sea level elevation does not constitute a

major federal action which would cause

a significant local, regional, or national

adverse impact on the environment

based on the following facts:

1. Construction, drilling and

production activities at potential well

pad sites will have no significant

adverse impacts on air quality. Standard

construction practices to control fugitive

dust would be utilized.

2. The slight impacts from

construction, drilling and production

activities associated with noise at

potential well pad sites are fully

mitigable through vegetative buffer

zones, equipment noise suppressors,

and avoidance of critical wildlife use

periods.

3. Negligible impacts to geologic and

water resources are mitigable through

the use of erosion and sediment control

measures and devices, secondary

containment measures, best

management practices during all phases

of site development, and use of site

specific spill prevention control and

countermeasure plans.

4. Biological resources will be

protected from impacts by total

avoidance of clearing within heavy

brush corridors, animal exclusion fences

around drill pad locations, site specific

surveys for threatened and endangered

plants and animals, and monitoring

plans coordinated by the appropriate

federal and state conservation agencies.

5. Impacts to cultural resources can be

mitigated through avoidance of sites

determined to be eligible for the

National Register of Historic Places and

if avoidance is not viable,

implementation of a Memorandum of

Agreement for mitigating impacts will

be necessary prior to BLM approval of

applications for permits to drill,

USIBWC issuance of land use permits,

and any development at potential drill

sites.

6. Negligible impacts associated with

land use and transportation will not

require additional mitigation.

7. Negligible impacts associated with

visual resources are mitigable through

properly placed night lighting,

unobtrusive painting of facilities, and

alignment of access road and utility

corridors for limited views of individual

project facilities.

On the basis of the TransTexas Draft

PEA, the USIBWC has determined that

an environmental impact statement is

not required for the USIBWC to grant

exceptions to its policy of prohibiting

oil and natural gas development upon

USIBWC real property under Falcon

Reservoir and hereby provides notice of

a finding of no significant impact

(FONSI). An environmental impact

statement will not be prepared unless

additional information which may affect

this decision is brought to our attention

within thirty (30) days of the date of this

Notice. Copies of the Draft PEA are

available for public review at the

USIBWC Falcon Dam Field Office,

Falcon Road, Falcon Heights, Texas

78545, and have been distributed to

Federal, State, and local agencies and

organizations that have been consulted

and coordinated within the preparation

of the PEA. A limited number of copies

are available to fill single copy requests

at the above address.

Dated: February 10, 1997.

Randall A. McMains,

Attorney.

[FR Doc. 97–4018 Filed 2–18–97; 8:45 am]

BILLING CODE 4710–03–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–362]

Southern California Edison Company;

Notice of Consideration of Issuance of

Amendment to Facility Operating

License, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an amendment

to Facility Operating License No. NPF–

15, issued to Southern California Edison

Company (the licensee), for operation of

the San Onofre Nuclear Generating

Station (SONGS), Unit No. 3 located in

San Diego County, California.

The proposed amendment would

defer implementation of Surveillance

Requirement (SR) 3.1.5.4 of Technical

Specification 3.1.5, ‘‘CEA Alignment’’

until no later than the next SONGS Unit

3 refueling outage (currently scheduled

to begin on April 12, 1997).

The exigent circumstances for this

amendment request exist due to the

recent discovery of the inappropriate

crediting of previous test results to this

post-Technical Specification

Improvement Program SR.

Before issuance of the proposed

license amendment, the Commission

will have made findings required by the

Atomic Energy Act of 1954, as amended

(the Act) and the Commission’s

regulations.

Pursuant to 10 CFR 50.91(a)(6) for

amendments to be granted under

exigent circumstances, the NRC staff

must determine that the amendment

request involves no significant hazards

consideration. Under the Commission’s

regulations in 10 CFR 50.92, this means

that operation of the facility in

accordance with the proposed

amendment would not (1) involve a

significant increase in the probability or

consequences of an accident previously

evaluated; or (2) create the possibility of

a new or different kind of accident from

any accident previously evaluated; or

(3) involve a significant reduction in a

margin of safety. As required by 10 CFR

50.91(a), the licensee has provided its

analysis of the issue of no significant

hazards consideration, which is

presented below:

1. The proposed change does not involve

a significant increase in the probability or

consequences of an accident previously

evaluated.

The proposed change would defer the

implementation of Surveillance Requirement

(SR) 3.1.5.4 of Technical Specification (TS)

3.1.5 until the Unit 3, Cycle 9 refueling

outage.

Operation of the facility would remain

unchanged as a result of the proposed

changes and no assumptions or results of any

accident analyses are affected. Based on

testing, operating experience, and the

inherent reliability of the system, Edison

concludes the Reed Switch Position

Transmitters have demonstrated their

capability to perform their specified safety

function and are operable. Therefore, the

proposed change will not involve a

significant increase in the probability or

consequences of any accident previously

evaluated.

2. The proposed change does not create the

possibility of a new or different kind of

accident from any accident previously

evaluated.

The proposed change would defer the

implementation of Surveillance Requirement

(SR) SR 3.1.5.4 of Technical Specification

(TS) 3.1.5 until the Unit 3, Cycle 9 refueling

outage.

Operation of the facility would remain

unchanged as a result of the proposed

change. The Reed Switch Position

Transmitters cannot initiate an accident.