Revisions to Landowner Notification and Blanket Certificate Regulations, 59939-59943 [E7-20804]

Download as PDF 59939 Rules and Regulations Federal Register Vol. 72, No. 204 Tuesday, October 23, 2007 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 Airworthiness Standards: Normal, Utility, Acrobatic, and Commuter Category Airplanes CFR Correction In Title 14, of the Code of Federal Regulations, revised as of January 1, 2007, on page 227, in § 23.561, paragraph (d)(1), remove the second entry for pargraphs (i) through (iv), and remove (d)(1)(v). [FR Doc. 07–55519 Filed 10–22–07; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 157 [Docket No. RM07–17–000; Order No. 700] Revisions to Landowner Notification and Blanket Certificate Regulations Issued October 18, 2007. Federal Energy Regulatory Commission, Department of Energy. ACTION: Final rule. rfrederick on PROD1PC67 with RULES AGENCY: SUMMARY: The Federal Energy Regulatory Commission (Commission) is amending its regulations to modify landowner notification requirements and to require a noise survey following the completion of projects involving compressor facilities undertaken pursuant to blanket certificate authority. The proposed regulatory revisions are intended to enhance public participation in the Commission’s consideration of proposed projects and ensure that compressor projects completed under blanket certificate VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 authority will not have a significant adverse environmental impact. DATES: The regulatory revisions made in this Final Rule will become effective November 23, 2007. FOR FURTHER INFORMATION CONTACT: Gordon Wagner, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, gordon.wagner@ferc.gov, (202) 502– 8947. Michael McGehee, Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, michael.mcgehee@ferc.gov, (202) 502– 8962. Lonnie Lister, Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, lonnie.lister@ferc.gov, 202–502–8587. SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff. I. Introduction 1. On June 22, 2007, the Federal Energy Regulatory Commission (Commission) issued a Notice of Proposed Rulemaking (NOPR) to amend its regulations to modify landowner notification requirements and require a noise survey following the completion of projects involving compressor facilities undertaken pursuant to blanket certificate authority.1 These regulatory revisions are intended to enhance public participation in the Commission’s consideration of proposed projects and ensure that compressor projects completed under blanket certificate authority will not have a significant adverse environmental impact. Comments on the NOPR were submitted by the U.S. Department of the Interior (Interior) and the Interstate Natural Gas Association of America (INGAA). This Final Rule responds to the comments and adopts, 1 72 FR 35669 (June 29, 2007), FERC Stats. and Regs.¶ 32,616 (2007). The NOPR followed an expansion of the blanket certificate program, see Revisions to the Blanket Certificate Regulations and Clarification Regarding Rates, Order No. 686, 71 FR 63680 (Oct. 31, 2006), FERC Stats. & Regs. ¶ 31,231 (2006), order on reh’g and clarification, Order No. 686–A, 72 FR 37431 (July 10, 2007), FERC Stats. and Regs. ¶ 31,249 (2007), order on reh’g, Order No. 686–B, FERC Stats. and Regs. ¶ 31,255 (2007). PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 with minor modifications, the regulatory revisions described in the NOPR. II. Regulatory Revisions 2. The NOPR discusses proposed changes to the existing regulations regarding landowner notification and compressor noise restrictions. Comments submitted address the latter. A. Landowner Notification 3. The NOPR discusses expanding the § 157.6(d)(2)(iii) landowner notification requirement. Currently, this requirement directs natural gas companies planning to construct compressor or liquefied natural gas (LNG) facilities to notify all landowners whose property contains a residence within one-half mile of the project site before beginning any construction.2 This will be revised to remove the residence qualification, and will instead direct companies to notify all landowners within one-half mile of the site of a planned compressor or LNG project regardless of whether the property contains a residence. This revision should ensure all landowners within one-half mile of a proposed project site will receive notice that will allow them to raise land use issues, including existing non-residential uses as well as planned future uses of undeveloped land. B. Noise Survey 4. To ensure that compressor facilities installed under blanket certificate authority will not have significant adverse environmental impacts, compressor facilities must be designed to meet the noise level limits described below. To verify blanket certificate compressor facilities meet these noise level limits, this order will revise § 157.206(b)(5) to require that companies completing a blanket certificate compressor project file a noise survey with the Commission. If this post-project survey shows the facility is emitting excessive noise, the company will have up to one year from the project’s in-service date to meet the noise limits. After completing its noise mitigation measures, the company will submit a subsequent noise survey to verify compliance with the noise limits. 2 See the landowner notification requirements, 18 CFR 157.203(d)(1) and (2), and the definition of affected landowners, 18 CFR 157.6(d)(2)(iii). E:\FR\FM\23OCR1.SGM 23OCR1 59940 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations This same noise survey requirement is routinely applied to compressor facilities installed under case-specific certificate authority. 5. A company may rely on blanket certificate authority to undertake qualifying projects provided: (1) Noisegenerating equipment installed under blanket certificate authority, whether an entire new compressor station or an addition or modification to an existing station, does not exceed an average daynight sound level (Ldn) of 55 decibels (dBA) at a noise sensitive area (NSA) when operating at full load; (2) an addition or modification to an existing compressor station, which is currently emitting noise at an Ldn of 55 dBA or less at NSAs, does not cause noise at NSAs to exceed an Ldn of 55 dBA; and (3) an addition or modification to an existing compressor station, which is currently emitting noise in excess of an Ldn of 55 dBA at NSAs, does not cause noise to increase at NSAs. III. Comments and Commission Response 6. Comments by Interior question whether an Ldn of 55 dBA might adversely impact certain wildlife resources. Comments by INGAA seek clarification on how compressor noise is to be measured. rfrederick on PROD1PC67 with RULES A. Department of the Interior’s Comments 7. Interior points out that 55 dBA was designated by the U.S. Environmental Protection Agency (EPA) as a noise level adequate to protect against speech interference and sleep disturbance for residential, education, and healthcare NSAs.3 Given that the 55 dBA level is based on human activity, Interior is concerned that this level fails to account for impacts on species that may be more sensitive to noise. Interior urges that screening for such species be required for blanket certificate projects and asks the Commission to direct blanket project applicants to contact Interior’s Fish and Wildlife Service, along with the appropriate state fish and wildlife agency or state Natural Heritage 3 The Commission relied on this EPA designation in conducting its Environmental Assessment (EA) of the blanket certificate program, finding that compressors should not increase ambient noise levels at nearby NSAs above an Ldn of 55 dBA, since 55 dBA is ‘‘the maximum level which will not affect public health and welfare by interfering with speech or other activities in outdoor areas * * * [and consequently] should also ensure adequate protection for the indoor noise environment.’’ Blanket Certification of Routine Gas Pipeline Transactions, EA at 25 (July 1981), citing EPA’s Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (Washington, DC 1974). VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 Database, to identify the presence of threatened or endangered species and noise-sensitive species or habitats in the project vicinity. If there are such species or habitats, Interior would then require the project applicant to seek casespecific certificate authorization. 8. While appropriate to most circumstances, the Commission recognizes that 55 dBA ought not be applied inflexibly or universally.4 That said, the Commission finds that potential adverse impacts on species and habitat due to noise are adequately taken into account by the requirement that all blanket certificate projects comply with the Endangered Species Act of 1973 (ESA).5 Compliance with the ESA effectively compels a blanket certificate holder to engage in the same screening and consultation that Interior requests for threatened and endangered species. Accordingly, the Commission expects the ESA compliance process will continue to provide the most appropriate means for assessing whether a proposed blanket certificate project’s permitted noise level of 55 dBA might have significant adverse impacts on wildlife resources. In addition, the Commission notes that the expanded landowner notification requirement implemented herein should promote consideration of noise impacts on the use of land for non-residential purposes, such as the cultivation of a domesticated noise-sensitive species. B. INGAA’s Comments 9. The NOPR proposed that § 157.206(b)(5)(ii) direct a blanket certificate project sponsor to measure ‘‘noise attributable to the operation of the facility at full load.’’ INGAA seeks clarification on conducting a postproject noise survey, asking whether ‘‘the facility’’ is intended to refer to the particular equipment added or modified under blanket certificate authorization, or whether ‘‘the facility’’ is intended to include all the facilities, i.e., both existing facilities as well as new or modified facilities located at a particular compressor site. In response to INGAA’s request, we will revise § 157.206(b)(5)(ii) as described below. 10. As a threshold measure, for a compressor facility to qualify for blanket certificate authorization, the facility must be designed to meet an Ldn of 55 dBA at NSAs when operating at full 4 The EA reviewing the blanket certificate program noted the possibility that ‘‘compressor facilities constructed in some rural areas could degrade a quiet environment because a blanket authorization would require little or no noise abatement in remote or unpopulated areas.’’ Id. at 33. 5 16 U.S.C. 1531 et seq. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 load. Requiring that a facility added or modified under blanket certificate authority meet this maximum noise limit is intended to ensure that there will not be a significant adverse environmental noise impact.6 11. With respect to noise impacts, the Commission will also consider the composite noise level of a compressor station’s new and existing facilities. This is because a facility that meets an Ldn of 55 dBA, when added to a station currently operating an Ldn of 55 dBA, can cause the overall noise of the station to exceed an Ldn of 55 dBA. Thus, the Commission will require that an addition or modification to an existing compressor station that is operating at or below an Ldn of 55 dBA at NSAs must not cause overall noise attributable to the station to exceed an Ldn of 55 dBA at NSAs. Further, an addition or modification to an existing compressor station that is operating above an Ldn of 55 dBA at NSAs must not cause overall noise attributable to the station to increase at NSAs. 12. To ensure adherence to these noise level limits, the Commission will require a company that relies on its blanket certificate to construct a new compressor station facility, or to add or modify a facility at an existing station, to submit a noise survey within 60 days of placing the new or modified facility in service. The company must measure noise attributable to its new or modified facility operating at full load at NSAs. When a new or modified facility is placed in service at an existing compressor station, the company must also measure the overall post-project noise of the station operating at full load. If the measured noise exceeds the specified limits at NSAs, the company must bring its station into compliance within a year of the blanket certificate facility’s in-service date. Within 60 days of completing its noise-mitigation measures, e.g., making modifications to noise-generating equipment or erecting a barrier between the station and NSAs, the company must submit a subsequent noise survey to the Commission demonstrating its compliance with the noise level limits. IV. Information Collection Statement 13. The Office of Management and Budget (OMB) regulations require that OMB approve certain reporting, record keeping, and public disclosure requirements (collections of information) imposed by an agency.7 Upon approval of a collection of information, OMB will assign an OMB 6 See 75 note 3. CFR 1320.11. E:\FR\FM\23OCR1.SGM 23OCR1 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations control number and an expiration date. The only entities affected by this rule would be the natural gas companies under the Commission’s jurisdiction. 14. The information collection requirements in this Final Rule are identified as FERC–537, ‘‘Gas Pipeline Certificates: Construction, Acquisition and Abandonment,’’ which identifies the Commission’s information collections relating to Part 157 of its regulations, which apply to natural gas facilities for which authorization under section 7 of the Natural Gas Act (NGA) is required, and includes all blanket certificate projects, and FERC–577, ‘‘Gas Pipeline Certificates: Environmental Impact Statements,’’ which identifies the Commission’s information collections relating to the requirements set forth in National Environmental Policy Act and Parts 2, 157, 284, and 380 of the Commission’s regulations, and requires applicants to conduct appropriate studies necessary to determine the impact of the construction and operation of proposed jurisdictional facilities on human and natural resources, and the measures which may be necessary to protect the values of the affected area. These information collection requirements are mandatory. 15. The revised regulations require that companies seeking to construct or alter compressor or LNG facilities notify all landowners within one-half mile of the boundary of the project site. This should necessitate only a nominal additional effort, since companies are already required to identify all landowners of record within one-half mile of the project site, and then notify the subset of those landowners that have a residence on their property. In practice, companies routinely give notice to all identified landowners, rather than take the extra step of segregating properties with residences from those without so as to give notice only to the former. In view of this practice, the Commission expects the time and cost to notify non-residential landowners will prove to be de minimis. 16. The Noise Control Act of 1972 established the requirement that all federal agencies administer their programs to promote an environment free of noise that jeopardizes public health and welfare.8 In 1974, the U.S. Environmental Protection Agency, acting to execute its responsibility to coordinate federal research and activities related to noise control, identified an Ldn of 55 dBA as necessary to protect against speech interference and sleep disturbance for residential, educational, and healthcare activities. The revised regulations state that a company adding or altering compressor facilities under blanket certificate authority must submit a noise survey within 60 days of placing new facilities in service to demonstrate that noise attributable to the operation of the company’s compressors does not exceed an Ldn of 55 dBA at nearby NSAs or increase noise at NSAs already in excess 59941 of an Ldn of 55 dBA. The Commission does not view this as substantially modifying natural gas companies’ existing obligations, since the proposed submission of a noise survey simply provides verification of compliance with the existing noise requirement. The same noise survey requirement is routinely applied to compressor projects subject to case-specific NGA section 7 certificate authority.9 17. The Commission is submitting these reporting requirements to OMB for its review and approval under § 3507(d) of the Paperwork Reduction Act of 1995.10 The Commission solicited comments on the need for these regulatory revisions and the accuracy of estimated burden estimates, as well as how the quality, quantity, and clarity of the information to be collected might be enhanced, and any suggested methods for minimizing the respondent’s burden. The comments submitted did not specifically address the new reporting requirements; accordingly, the Commission will use the same estimates here as in the NOPR. 18. The Commission estimates it will require 32 hours to complete a noise survey, and expects the additional burden to be modest, given that in 2006 only two compressor projects went forward under blanket certificate authority. For the purpose of estimating burden hours, the Commission anticipates five such projects in the future. Data collection Number of respondents Number of responses/ Filings Number of hours per response Total annual hours FERC–537 (Part 157) ...................................................................................... 5 5 32 160 rfrederick on PROD1PC67 with RULES Information Collection Costs: The above reflects the total reporting burden associated with the proposed broadening of the landowner notification requirement. Because of the regional differences and the various staffing levels that will be involved in preparing the documentation (legal, technical, and support) the Commission is using an hourly rate of $150 to estimate the costs for filing and other administrative processes (reviewing instructions, searching data sources, completing and transmitting the collection of information). The estimated cost per project is $4,800, 8 42 U.S.C. 4901, et seq. potential cost savings to the industry that may be realized by enabling projects previously permitted only under case-specific authority to proceed under the expanded blanket certificate 9 The VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 with an estimated annual total of $24,000. Title: FERC–537. Action: Proposed Data Collection. OMB Control Nos.: 1902–0060 and 1902–0128. Respondents: Natural gas pipeline companies. Frequency of Responses: On occasion. Necessity of Information: Submission of the information is necessary for the Commission to carry out its NGA statutory responsibilities and meet the Commission’s objectives of expediting appropriate infrastructure development to ensure sufficient energy supplies while addressing landowner and environmental concerns fairly. Interested persons may obtain information on the reporting requirements by contacting: Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 [Attention: Michael Miller, Office of the Executive Director]. Phone: (202) 502– 8415, fax: (202) 273–0873, e-mail: michael.miller@ferc.gov or the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 [Attention: Desk Officer for the Federal Energy Regulatory Commission]. program were discussed in the Final Rule in Order No. 686. With respect to the proposed noise survey, the Commission notes that case-specific projects require a noise survey both before and after construction. Thus, the relatively minor cost of conducting a post-construction noise survey for a blanket certificate project is expected to be offset by the benefit of not having to also conduct a noise survey before construction, as would be necessary for a case-specific certificate project. 10 44 U.S.C. 3507(d). PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\23OCR1.SGM 23OCR1 59942 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations V. Environmental Analysis 19. The Commission is required to prepare an EA or an Environmental Impact Statement (EIS) for any action that may have a significant adverse effect on the human environment.11 In promulgating the blanket certificate program in 1982, the Commission prepared an EA in which it determined that, subject to compliance with the standard environmental conditions, projects under the blanket program would not have a significant adverse environmental impact. In particular, the EA concluded that an Ldn of 55 dBA at NSAs would be adequate to avoid interfering with speech or other activities in outdoor areas and ensure adequate protection for the indoor noise environment. As discussed herein, the Commission is expanding landowner notification and requiring the submission of a post-project noise survey for blanket certificate activities involving compressor facilities. Because these actions serve to better inform the public of proposed projects and to further ensure and verify that no blanket certificate project has a significant adverse environmental impact, these regulatory revisions do not constitute a major federal action that may have a significant adverse effect on the human environment. rfrederick on PROD1PC67 with RULES VI. Regulatory Flexibility Act Analysis 20. The Regulatory Flexibility Act of 1980 (RFA) 12 generally requires a description and analysis of regulations that will have significant economic impact on a substantial number of small entities. The Commission is not required to make such an analysis if regulations would not have such an effect.13 Under the industry standards used for purposes of the RFA, a natural gas pipeline company qualifies as ‘‘a small entity’’ if it has annual revenues of $6.5 million or less. Most companies regulated by the Commission do not fall within the RFA’s definition of a small entity.14 21. This order’s regulatory revisions will have no significant economic impact on those entities—be they large or small—subject to the Commission’s regulatory jurisdiction under NGA 11 Order No. 486, Regulations Implementing the National Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 1986–1990 ¶ 30,783 (1987). 12 5 U.S.C. 601–612. 13 5 U.S.C. 605(b) (2000). 14 5 U.S.C. 601(3), citing to section 3 of the Small Business Act, 15 U.S.C. 623 (2000). Section 3 of the Small Business Act defines a ‘‘small-business concern’’ as a business which is independently owned and operated and which is not dominant in its field of operation. VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 section 3 or 7, and no significant economic impact on state agencies. Accordingly, the Commission certifies that these regulatory revisions will not have a significant economic impact on a substantial number of small entities. VII. Document Availability 22. 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 print the contents of this document via the Internet through FERC’s Web site (https://www.ferc.gov) and in FERC’s Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. User assistance is available for FERC’s Web site during normal business hours from FERC’s Online Support at 202–502–6652, toll free at 1–866–208– 3676, or by e-mail at ferconlinesupport@ferc.gov, and from the Public Reference Room at 202–502– 8371, TTY at 202–502–8659, or by email at public.referenceroom@ferc.gov. VIII. Effective Date and Congressional Notification 23. This Final Rule will take effect November 23, 2007. The Commission has determined with the concurrence of the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, that this rule is not a major rule within the meaning of section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996.15 The Commission will submit this Final Rule to both houses of Congress and the Government Accountability Office.16 List of Subjects in 18 CFR Part 157 Administrative practice and procedure, Natural gas, Reporting and recordkeeping requirements. By the Commission. Nathaniel J. Davis, Sr., Acting Deputy Secretary. In consideration of the foregoing, part 157, Chapter I, Title 18, Code of Federal Regulations, is amended as follows: I 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: I 15 See 16 See PO 00000 5 U.S.C. 804(2). 5 U.S.C. 801(a)(1)(A). Frm 00004 Fmt 4700 Sfmt 4700 Authority: 15 U.S.C. 717–717w. 2. In § 157.6, paragraph (d)(2)(iii) is revised to read as follows: I § 157.6 Applications; general requirements. * * * * * (d) * * * (2) * * * (iii) Is within one-half mile of proposed compressors or their enclosures or LNG facilities; or * * * * * I 3. In § 157.206, paragraph (b)(5)(ii) is redesignated as paragraph (b)(5)(iii) and a new paragraph (b)(5)(ii) is added, to read as follows: § 157.206 Standard conditions. * * * * * (b) * * * (5) * * * (ii) A compressor facility installed under this section must be designed to meet the following noise emissions criteria. For each new compressor station facility, and for each addition or modification to an existing compression station, the blanket certificate holder must file a noise survey with the Secretary within 60 days of placing the facility in service. (A) If noise emitted from a new compressor facility operating at full load exceeds an Ldn of 55 dBA at any noisesensitive area (NSA), or if an addition or modification to an existing compressor station operating at full load at or below an Ldn of 55 dBA at NSAs causes overall noise attributable to the station to exceed an Ldn of 55 dBA at an NSA, the blanket certificate holder must come into compliance with an Ldn of 55 dBA at NSAs within 1 year of placing the facility in service. (B) If an addition or modification to an existing compressor station operating at full load above an Ldn of 55 dBA at NSAs causes overall noise attributable to the station to increase at an NSA, the blanket certificate holder must act within 1 year of placing the added or modified facility in service to reduce noise at NSAs to the level that existed prior to the addition or modification. (C) If the initial noise survey demonstrates a need to take action to mitigate noise, within 60 days of completing such action, the blanket certificate holder must file a subsequent noise survey with the Secretary demonstrating that each new compressor station facility, and each addition or modification to an existing E:\FR\FM\23OCR1.SGM 23OCR1 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations compressor station, complies with the noise level limits. * * * * * [FR Doc. E7–20804 Filed 10–22–07; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection 19 CFR Part 122 [CBP Dec. 07–83] Technical Amendments to List of User Fee Airports Customs and Border Protection, Department of Homeland Security. ACTION: Final rule; technical amendments. AGENCY: rfrederick on PROD1PC67 with RULES SUMMARY: This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect those that have been currently designated by the Commissioner. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft. DATES: Effective Date: October 23, 2007. FOR FURTHER INFORMATION CONTACT: Michael Captain, Office of Field Operations, 703–261–8516. SUPPLEMENTARY INFORMATION: Background Title 19, Code of Federal Regulations (CFR), sets forth at Part 122 regulations relating to the entry and clearance of aircraft in international commerce and the transportation of persons and cargo by aircraft in international commerce. Generally, a civil aircraft arriving from a place outside of the United States is required to land at an airport designated as an international airport. Alternatively, the pilot of a civil aircraft may request permission to land at a specific airport, and, if landing rights are granted, the civil aircraft may land at that landing rights airport. Section 236 of Pub. L. 98–573 (the Trade and Tariff Act of 1984), codified at 19 U.S.C. 58b, created an option for civil aircraft desiring to land at an airport other than an international airport or a landing rights airport. A civil aircraft arriving from a place VerDate Aug<31>2005 14:55 Oct 22, 2007 Jkt 214001 outside of the United States may ask for permission to land at an airport designated by the Secretary of Homeland Security 1 as a user fee airport. Pursuant to 19 U.S.C. 58b, an airport may be designated as a user fee airport if the Commissioner of CBP as delegated by the Secretary of Homeland Security determines that the volume of business at the airport is insufficient to justify customs services at the airport and the governor of the state in which the airport is located approves the designation. Generally, the type of airport that would seek designation as a user fee airport would be one at which a company, such as an air courier service, has a specialized interest in regularly landing. As the volume of business anticipated at this type of airport is insufficient to justify its designation as an international or landing rights airport, the availability of customs services is not paid for out of appropriations from the general treasury of the United States. Instead, customs services are provided on a fully reimbursable basis to be paid for by the user fee airport on behalf of the recipients of the services. The fees which are to be charged at user fee airports, according to the statute, shall be paid by each person using the customs services at the airport and shall be in the amount equal to the expenses incurred by the Commissioner of CBP in providing customs services which are rendered to such person at such airport, including the salary and expenses of those employed by the Commissioner of CBP to provide the customs services. To implement this provision, generally, the airport seeking the designation as a user fee airport or that airport’s authority agrees to pay a flat fee for which the users of the airport are to reimburse the airport/airport authority. The airport/airport authority agrees to set and periodically review the charges to ensure that they are in accord with the airport’s expenses. The Commissioner of CBP designates airports as user fee airports pursuant to 19 U.S.C. 58b. See 19 CFR 122.15. If the Commissioner decides that the conditions for designation as a user fee airport are satisfied, a Memorandum of Agreement (MOA) is executed between the Commissioner of CBP and the local responsible official signing on behalf of 1 Sections 403(1) and 411 of the Homeland Security Act of 2002 (‘‘the Act,’’ Pub. L. 107–296) transferred the United States Customs Service and its functions from the Department of the Treasury to the Department of Homeland Security; pursuant to section 1502 of the Act, the President renamed the ‘‘Customs Service’’ as the ‘‘Bureau of Customs and Border Protection,’’ also referred to as ‘‘CBP.’’ PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 59943 the state, city or municipality in which the airport is located. In this manner, user fee airports are designated on a case-by-case basis. Section 19 CFR 122.15 sets forth the grounds for withdrawal of a user fee designation and sets forth the list of designated user fee airports. Periodically, CBP updates the list of user fee airports at 19 CFR 122.15(b) to reflect those that have been currently designated by the Commissioner. This document updates that list of user fee airports by adding new airports, deleting certain former airports, and reflecting changes that have occurred in the names of certain existing user fee airports. Inapplicability of Public Notice and Delayed Effective Date Requirements Because this amendment merely lists those user fee airports already designated by the Commissioner of CBP in accordance with 19 U.S.C. 58b and neither imposes additional burdens on, nor takes away any existing rights or privileges from, the public, pursuant to 5 U.S.C. 553(b)(B), notice and public procedure are unnecessary, and for the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required. The Regulatory Flexibility Act and Executive Order 12866 Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. This amendment does not meet the criteria for a ‘‘significant regulatory action’’ as specified in Executive Order 12866. Signing Authority This document is limited to technical corrections of CBP regulations. Accordingly, it is being signed under the authority of 19 CFR 0.1(b). List of Subjects in 19 CFR Part 122 Air carriers, Aircraft, Airports, Customs duties and inspection, Freight. Amendments to Regulations Part 122, Code of Federal Regulations (19 CFR part 122) is amended as set forth below: I PART 122—AIR COMMERCE REGULATIONS 1. The authority citation for part 122 continues to read as follows: I Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note. 2. Section 122.15(b) is amended by revising the list of airports to read as follows: I E:\FR\FM\23OCR1.SGM 23OCR1

Agencies

[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Rules and Regulations]
[Pages 59939-59943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20804]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 157

[Docket No. RM07-17-000; Order No. 700]


Revisions to Landowner Notification and Blanket Certificate 
Regulations

Issued October 18, 2007.
AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
amending its regulations to modify landowner notification requirements 
and to require a noise survey following the completion of projects 
involving compressor facilities undertaken pursuant to blanket 
certificate authority. The proposed regulatory revisions are intended 
to enhance public participation in the Commission's consideration of 
proposed projects and ensure that compressor projects completed under 
blanket certificate authority will not have a significant adverse 
environmental impact.

DATES: The regulatory revisions made in this Final Rule will become 
effective November 23, 2007.

FOR FURTHER INFORMATION CONTACT: Gordon Wagner, Office of the General 
Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, gordon.wagner@ferc.gov, (202) 502-8947.
    Michael McGehee, Office of Energy Projects, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, 
michael.mcgehee@ferc.gov, (202) 502-8962.
    Lonnie Lister, Office of Energy Projects, Federal Energy Regulatory 
Commission, 888 First Street, NE., Washington, DC 20426, 
lonnie.lister@ferc.gov, 202-502-8587.

SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher, 
Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon 
Wellinghoff.

I. Introduction

    1. On June 22, 2007, the Federal Energy Regulatory Commission 
(Commission) issued a Notice of Proposed Rulemaking (NOPR) to amend its 
regulations to modify landowner notification requirements and require a 
noise survey following the completion of projects involving compressor 
facilities undertaken pursuant to blanket certificate authority.\1\ 
These regulatory revisions are intended to enhance public participation 
in the Commission's consideration of proposed projects and ensure that 
compressor projects completed under blanket certificate authority will 
not have a significant adverse environmental impact. Comments on the 
NOPR were submitted by the U.S. Department of the Interior (Interior) 
and the Interstate Natural Gas Association of America (INGAA). This 
Final Rule responds to the comments and adopts, with minor 
modifications, the regulatory revisions described in the NOPR.
---------------------------------------------------------------------------

    \1\ 72 FR 35669 (June 29, 2007), FERC Stats. and Regs.] 32,616 
(2007). The NOPR followed an expansion of the blanket certificate 
program, see Revisions to the Blanket Certificate Regulations and 
Clarification Regarding Rates, Order No. 686, 71 FR 63680 (Oct. 31, 
2006), FERC Stats. & Regs. ] 31,231 (2006), order on reh'g and 
clarification, Order No. 686-A, 72 FR 37431 (July 10, 2007), FERC 
Stats. and Regs. ] 31,249 (2007), order on reh'g, Order No. 686-B, 
FERC Stats. and Regs. ] 31,255 (2007).
---------------------------------------------------------------------------

II. Regulatory Revisions

    2. The NOPR discusses proposed changes to the existing regulations 
regarding landowner notification and compressor noise restrictions. 
Comments submitted address the latter.

A. Landowner Notification

    3. The NOPR discusses expanding the Sec.  157.6(d)(2)(iii) 
landowner notification requirement. Currently, this requirement directs 
natural gas companies planning to construct compressor or liquefied 
natural gas (LNG) facilities to notify all landowners whose property 
contains a residence within one-half mile of the project site before 
beginning any construction.\2\ This will be revised to remove the 
residence qualification, and will instead direct companies to notify 
all landowners within one-half mile of the site of a planned compressor 
or LNG project regardless of whether the property contains a residence. 
This revision should ensure all landowners within one-half mile of a 
proposed project site will receive notice that will allow them to raise 
land use issues, including existing non-residential uses as well as 
planned future uses of undeveloped land.
---------------------------------------------------------------------------

    \2\ See the landowner notification requirements, 18 CFR 
157.203(d)(1) and (2), and the definition of affected landowners, 18 
CFR 157.6(d)(2)(iii).
---------------------------------------------------------------------------

B. Noise Survey

    4. To ensure that compressor facilities installed under blanket 
certificate authority will not have significant adverse environmental 
impacts, compressor facilities must be designed to meet the noise level 
limits described below. To verify blanket certificate compressor 
facilities meet these noise level limits, this order will revise Sec.  
157.206(b)(5) to require that companies completing a blanket 
certificate compressor project file a noise survey with the Commission. 
If this post-project survey shows the facility is emitting excessive 
noise, the company will have up to one year from the project's in-
service date to meet the noise limits. After completing its noise 
mitigation measures, the company will submit a subsequent noise survey 
to verify compliance with the noise limits.

[[Page 59940]]

This same noise survey requirement is routinely applied to compressor 
facilities installed under case-specific certificate authority.
    5. A company may rely on blanket certificate authority to undertake 
qualifying projects provided: (1) Noise-generating equipment installed 
under blanket certificate authority, whether an entire new compressor 
station or an addition or modification to an existing station, does not 
exceed an average day-night sound level (Ldn) of 55 decibels 
(dBA) at a noise sensitive area (NSA) when operating at full load; (2) 
an addition or modification to an existing compressor station, which is 
currently emitting noise at an Ldn of 55 dBA or less at 
NSAs, does not cause noise at NSAs to exceed an Ldn of 55 
dBA; and (3) an addition or modification to an existing compressor 
station, which is currently emitting noise in excess of an 
Ldn of 55 dBA at NSAs, does not cause noise to increase at 
NSAs.

III. Comments and Commission Response

    6. Comments by Interior question whether an Ldn of 55 
dBA might adversely impact certain wildlife resources. Comments by 
INGAA seek clarification on how compressor noise is to be measured.

A. Department of the Interior's Comments

    7. Interior points out that 55 dBA was designated by the U.S. 
Environmental Protection Agency (EPA) as a noise level adequate to 
protect against speech interference and sleep disturbance for 
residential, education, and healthcare NSAs.\3\ Given that the 55 dBA 
level is based on human activity, Interior is concerned that this level 
fails to account for impacts on species that may be more sensitive to 
noise. Interior urges that screening for such species be required for 
blanket certificate projects and asks the Commission to direct blanket 
project applicants to contact Interior's Fish and Wildlife Service, 
along with the appropriate state fish and wildlife agency or state 
Natural Heritage Database, to identify the presence of threatened or 
endangered species and noise-sensitive species or habitats in the 
project vicinity. If there are such species or habitats, Interior would 
then require the project applicant to seek case-specific certificate 
authorization.
---------------------------------------------------------------------------

    \3\ The Commission relied on this EPA designation in conducting 
its Environmental Assessment (EA) of the blanket certificate 
program, finding that compressors should not increase ambient noise 
levels at nearby NSAs above an Ldn of 55 dBA, since 55 
dBA is ``the maximum level which will not affect public health and 
welfare by interfering with speech or other activities in outdoor 
areas * * * [and consequently] should also ensure adequate 
protection for the indoor noise environment.'' Blanket Certification 
of Routine Gas Pipeline Transactions, EA at 25 (July 1981), citing 
EPA's Information on Levels of Environmental Noise Requisite to 
Protect Public Health and Welfare with an Adequate Margin of Safety 
(Washington, DC 1974).
---------------------------------------------------------------------------

    8. While appropriate to most circumstances, the Commission 
recognizes that 55 dBA ought not be applied inflexibly or 
universally.\4\ That said, the Commission finds that potential adverse 
impacts on species and habitat due to noise are adequately taken into 
account by the requirement that all blanket certificate projects comply 
with the Endangered Species Act of 1973 (ESA).\5\ Compliance with the 
ESA effectively compels a blanket certificate holder to engage in the 
same screening and consultation that Interior requests for threatened 
and endangered species. Accordingly, the Commission expects the ESA 
compliance process will continue to provide the most appropriate means 
for assessing whether a proposed blanket certificate project's 
permitted noise level of 55 dBA might have significant adverse impacts 
on wildlife resources. In addition, the Commission notes that the 
expanded landowner notification requirement implemented herein should 
promote consideration of noise impacts on the use of land for non-
residential purposes, such as the cultivation of a domesticated noise-
sensitive species.
---------------------------------------------------------------------------

    \4\ The EA reviewing the blanket certificate program noted the 
possibility that ``compressor facilities constructed in some rural 
areas could degrade a quiet environment because a blanket 
authorization would require little or no noise abatement in remote 
or unpopulated areas.'' Id. at 33.
    \5\ 16 U.S.C. 1531 et seq.
---------------------------------------------------------------------------

B. INGAA's Comments

    9. The NOPR proposed that Sec.  157.206(b)(5)(ii) direct a blanket 
certificate project sponsor to measure ``noise attributable to the 
operation of the facility at full load.'' INGAA seeks clarification on 
conducting a post-project noise survey, asking whether ``the facility'' 
is intended to refer to the particular equipment added or modified 
under blanket certificate authorization, or whether ``the facility'' is 
intended to include all the facilities, i.e., both existing facilities 
as well as new or modified facilities located at a particular 
compressor site. In response to INGAA's request, we will revise Sec.  
157.206(b)(5)(ii) as described below.
    10. As a threshold measure, for a compressor facility to qualify 
for blanket certificate authorization, the facility must be designed to 
meet an Ldn of 55 dBA at NSAs when operating at full load. 
Requiring that a facility added or modified under blanket certificate 
authority meet this maximum noise limit is intended to ensure that 
there will not be a significant adverse environmental noise impact.\6\
---------------------------------------------------------------------------

    \6\ See note 3.
---------------------------------------------------------------------------

    11. With respect to noise impacts, the Commission will also 
consider the composite noise level of a compressor station's new and 
existing facilities. This is because a facility that meets an 
Ldn of 55 dBA, when added to a station currently operating 
an Ldn of 55 dBA, can cause the overall noise of the station 
to exceed an Ldn of 55 dBA. Thus, the Commission will 
require that an addition or modification to an existing compressor 
station that is operating at or below an Ldn of 55 dBA at 
NSAs must not cause overall noise attributable to the station to exceed 
an Ldn of 55 dBA at NSAs. Further, an addition or 
modification to an existing compressor station that is operating above 
an Ldn of 55 dBA at NSAs must not cause overall noise 
attributable to the station to increase at NSAs.
    12. To ensure adherence to these noise level limits, the Commission 
will require a company that relies on its blanket certificate to 
construct a new compressor station facility, or to add or modify a 
facility at an existing station, to submit a noise survey within 60 
days of placing the new or modified facility in service. The company 
must measure noise attributable to its new or modified facility 
operating at full load at NSAs. When a new or modified facility is 
placed in service at an existing compressor station, the company must 
also measure the overall post-project noise of the station operating at 
full load. If the measured noise exceeds the specified limits at NSAs, 
the company must bring its station into compliance within a year of the 
blanket certificate facility's in-service date. Within 60 days of 
completing its noise-mitigation measures, e.g., making modifications to 
noise-generating equipment or erecting a barrier between the station 
and NSAs, the company must submit a subsequent noise survey to the 
Commission demonstrating its compliance with the noise level limits.

IV. Information Collection Statement

    13. The Office of Management and Budget (OMB) regulations require 
that OMB approve certain reporting, record keeping, and public 
disclosure requirements (collections of information) imposed by an 
agency.\7\ Upon approval of a collection of information, OMB will 
assign an OMB

[[Page 59941]]

control number and an expiration date. The only entities affected by 
this rule would be the natural gas companies under the Commission's 
jurisdiction.
---------------------------------------------------------------------------

    \7\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    14. The information collection requirements in this Final Rule are 
identified as FERC-537, ``Gas Pipeline Certificates: Construction, 
Acquisition and Abandonment,'' which identifies the Commission's 
information collections relating to Part 157 of its regulations, which 
apply to natural gas facilities for which authorization under section 7 
of the Natural Gas Act (NGA) is required, and includes all blanket 
certificate projects, and FERC-577, ``Gas Pipeline Certificates: 
Environmental Impact Statements,'' which identifies the Commission's 
information collections relating to the requirements set forth in 
National Environmental Policy Act and Parts 2, 157, 284, and 380 of the 
Commission's regulations, and requires applicants to conduct 
appropriate studies necessary to determine the impact of the 
construction and operation of proposed jurisdictional facilities on 
human and natural resources, and the measures which may be necessary to 
protect the values of the affected area. These information collection 
requirements are mandatory.
    15. The revised regulations require that companies seeking to 
construct or alter compressor or LNG facilities notify all landowners 
within one-half mile of the boundary of the project site. This should 
necessitate only a nominal additional effort, since companies are 
already required to identify all landowners of record within one-half 
mile of the project site, and then notify the subset of those 
landowners that have a residence on their property. In practice, 
companies routinely give notice to all identified landowners, rather 
than take the extra step of segregating properties with residences from 
those without so as to give notice only to the former. In view of this 
practice, the Commission expects the time and cost to notify non-
residential landowners will prove to be de minimis.
    16. The Noise Control Act of 1972 established the requirement that 
all federal agencies administer their programs to promote an 
environment free of noise that jeopardizes public health and 
welfare.\8\ In 1974, the U.S. Environmental Protection Agency, acting 
to execute its responsibility to coordinate federal research and 
activities related to noise control, identified an Ldn of 55 
dBA as necessary to protect against speech interference and sleep 
disturbance for residential, educational, and healthcare activities. 
The revised regulations state that a company adding or altering 
compressor facilities under blanket certificate authority must submit a 
noise survey within 60 days of placing new facilities in service to 
demonstrate that noise attributable to the operation of the company's 
compressors does not exceed an Ldn of 55 dBA at nearby NSAs 
or increase noise at NSAs already in excess of an Ldn of 55 
dBA. The Commission does not view this as substantially modifying 
natural gas companies' existing obligations, since the proposed 
submission of a noise survey simply provides verification of compliance 
with the existing noise requirement. The same noise survey requirement 
is routinely applied to compressor projects subject to case-specific 
NGA section 7 certificate authority.\9\
---------------------------------------------------------------------------

    \8\ 42 U.S.C. 4901, et seq.
    \9\ The potential cost savings to the industry that may be 
realized by enabling projects previously permitted only under case-
specific authority to proceed under the expanded blanket certificate 
program were discussed in the Final Rule in Order No. 686. With 
respect to the proposed noise survey, the Commission notes that 
case-specific projects require a noise survey both before and after 
construction. Thus, the relatively minor cost of conducting a post-
construction noise survey for a blanket certificate project is 
expected to be offset by the benefit of not having to also conduct a 
noise survey before construction, as would be necessary for a case-
specific certificate project.
---------------------------------------------------------------------------

    17. The Commission is submitting these reporting requirements to 
OMB for its review and approval under Sec.  3507(d) of the Paperwork 
Reduction Act of 1995.\10\ The Commission solicited comments on the 
need for these regulatory revisions and the accuracy of estimated 
burden estimates, as well as how the quality, quantity, and clarity of 
the information to be collected might be enhanced, and any suggested 
methods for minimizing the respondent's burden. The comments submitted 
did not specifically address the new reporting requirements; 
accordingly, the Commission will use the same estimates here as in the 
NOPR.
---------------------------------------------------------------------------

    \10\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------

    18. The Commission estimates it will require 32 hours to complete a 
noise survey, and expects the additional burden to be modest, given 
that in 2006 only two compressor projects went forward under blanket 
certificate authority. For the purpose of estimating burden hours, the 
Commission anticipates five such projects in the future.

----------------------------------------------------------------------------------------------------------------
                                                                  Number of
               Data collection                   Number of        responses/    Number of hours    Total annual
                                                respondents        Filings        per response        hours
----------------------------------------------------------------------------------------------------------------
FERC-537 (Part 157).........................               5                5               32              160
----------------------------------------------------------------------------------------------------------------

    Information Collection Costs: The above reflects the total 
reporting burden associated with the proposed broadening of the 
landowner notification requirement. Because of the regional differences 
and the various staffing levels that will be involved in preparing the 
documentation (legal, technical, and support) the Commission is using 
an hourly rate of $150 to estimate the costs for filing and other 
administrative processes (reviewing instructions, searching data 
sources, completing and transmitting the collection of information). 
The estimated cost per project is $4,800, with an estimated annual 
total of $24,000.
    Title: FERC-537.
    Action: Proposed Data Collection.
    OMB Control Nos.: 1902-0060 and 1902-0128.
    Respondents: Natural gas pipeline companies.
    Frequency of Responses: On occasion.
    Necessity of Information: Submission of the information is 
necessary for the Commission to carry out its NGA statutory 
responsibilities and meet the Commission's objectives of expediting 
appropriate infrastructure development to ensure sufficient energy 
supplies while addressing landowner and environmental concerns fairly. 
Interested persons may obtain information on the reporting requirements 
by contacting: Federal Energy Regulatory Commission, 888 First Street, 
NE., Washington, DC 20426 [Attention: Michael Miller, Office of the 
Executive Director]. Phone: (202) 502-8415, fax: (202) 273-0873, e-
mail: michael.miller@ferc.gov or the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503 [Attention: Desk Officer for the Federal Energy Regulatory 
Commission].

[[Page 59942]]

V. Environmental Analysis

    19. The Commission is required to prepare an EA or an Environmental 
Impact Statement (EIS) for any action that may have a significant 
adverse effect on the human environment.\11\ In promulgating the 
blanket certificate program in 1982, the Commission prepared an EA in 
which it determined that, subject to compliance with the standard 
environmental conditions, projects under the blanket program would not 
have a significant adverse environmental impact. In particular, the EA 
concluded that an Ldn of 55 dBA at NSAs would be adequate to 
avoid interfering with speech or other activities in outdoor areas and 
ensure adequate protection for the indoor noise environment. As 
discussed herein, the Commission is expanding landowner notification 
and requiring the submission of a post-project noise survey for blanket 
certificate activities involving compressor facilities. Because these 
actions serve to better inform the public of proposed projects and to 
further ensure and verify that no blanket certificate project has a 
significant adverse environmental impact, these regulatory revisions do 
not constitute a major federal action that may have a significant 
adverse effect on the human environment.
---------------------------------------------------------------------------

    \11\ Order No. 486, Regulations Implementing the National 
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & 
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
---------------------------------------------------------------------------

VI. Regulatory Flexibility Act Analysis

    20. The Regulatory Flexibility Act of 1980 (RFA) \12\ generally 
requires a description and analysis of regulations that will have 
significant economic impact on a substantial number of small entities. 
The Commission is not required to make such an analysis if regulations 
would not have such an effect.\13\ Under the industry standards used 
for purposes of the RFA, a natural gas pipeline company qualifies as 
``a small entity'' if it has annual revenues of $6.5 million or less. 
Most companies regulated by the Commission do not fall within the RFA's 
definition of a small entity.\14\
---------------------------------------------------------------------------

    \12\ 5 U.S.C. 601-612.
    \13\ 5 U.S.C. 605(b) (2000).
    \14\ 5 U.S.C. 601(3), citing to section 3 of the Small Business 
Act, 15 U.S.C. 623 (2000). Section 3 of the Small Business Act 
defines a ``small-business concern'' as a business which is 
independently owned and operated and which is not dominant in its 
field of operation.
---------------------------------------------------------------------------

    21. This order's regulatory revisions will have no significant 
economic impact on those entities--be they large or small--subject to 
the Commission's regulatory jurisdiction under NGA section 3 or 7, and 
no significant economic impact on state agencies. Accordingly, the 
Commission certifies that these regulatory revisions will not have a 
significant economic impact on a substantial number of small entities.

VII. Document Availability

    22. 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 print the contents of this document via the 
Internet through FERC's Web site (https://www.ferc.gov) and in FERC's 
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. 
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. 
User assistance is available for FERC's Web site during normal business 
hours from FERC's Online Support at 202-502-6652, toll free at 1-866-
208-3676, or by e-mail at ferconlinesupport@ferc.gov, and from the 
Public Reference Room at 202-502-8371, TTY at 202-502-8659, or by e-
mail at public.referenceroom@ferc.gov.

VIII. Effective Date and Congressional Notification

    23. This Final Rule will take effect November 23, 2007. The 
Commission has determined with the concurrence of the Administrator of 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, that this rule is not a major rule within the meaning of 
section 251 of the Small Business Regulatory Enforcement Fairness Act 
of 1996.\15\ The Commission will submit this Final Rule to both houses 
of Congress and the Government Accountability Office.\16\
---------------------------------------------------------------------------

    \15\ See 5 U.S.C. 804(2).
    \16\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

List of Subjects in 18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and 
recordkeeping requirements.

    By the Commission.
Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.

0
In consideration of the foregoing, part 157, Chapter I, Title 18, Code 
of Federal Regulations, is amended 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

0
1. The authority citation for part 157 continues to read as follows:

    Authority: 15 U.S.C. 717-717w.


0
2. In Sec.  157.6, paragraph (d)(2)(iii) is revised to read as follows:


Sec.  157.6  Applications; general requirements.

* * * * *
    (d) * * *
    (2) * * *
    (iii) Is within one-half mile of proposed compressors or their 
enclosures or LNG facilities; or
* * * * *
0
3. In Sec.  157.206, paragraph (b)(5)(ii) is redesignated as paragraph 
(b)(5)(iii) and a new paragraph (b)(5)(ii) is added, to read as 
follows:


Sec.  157.206  Standard conditions.

* * * * *
    (b) * * *
    (5) * * *
    (ii) A compressor facility installed under this section must be 
designed to meet the following noise emissions criteria. For each new 
compressor station facility, and for each addition or modification to 
an existing compression station, the blanket certificate holder must 
file a noise survey with the Secretary within 60 days of placing the 
facility in service.
    (A) If noise emitted from a new compressor facility operating at 
full load exceeds an Ldn of 55 dBA at any noise-sensitive 
area (NSA), or if an addition or modification to an existing compressor 
station operating at full load at or below an Ldn of 55 dBA 
at NSAs causes overall noise attributable to the station to exceed an 
Ldn of 55 dBA at an NSA, the blanket certificate holder must 
come into compliance with an Ldn of 55 dBA at NSAs within 1 
year of placing the facility in service.
    (B) If an addition or modification to an existing compressor 
station operating at full load above an Ldn of 55 dBA at 
NSAs causes overall noise attributable to the station to increase at an 
NSA, the blanket certificate holder must act within 1 year of placing 
the added or modified facility in service to reduce noise at NSAs to 
the level that existed prior to the addition or modification.
    (C) If the initial noise survey demonstrates a need to take action 
to mitigate noise, within 60 days of completing such action, the 
blanket certificate holder must file a subsequent noise survey with the 
Secretary demonstrating that each new compressor station facility, and 
each addition or modification to an existing

[[Page 59943]]

compressor station, complies with the noise level limits.
* * * * *

 [FR Doc. E7-20804 Filed 10-22-07; 8:45 am]
BILLING CODE 6717-01-P
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