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Federal Register / Vol. 72, No.

245 / Friday, December 21, 2007 / Notices 72815

Environmental Process: In accordance alternatives for consideration in the EIS; Issued on: December 14, 2007.
with NEPA, SAFETEA–LU section 6002 and (3) establish a plan for coordinating Charmaine Knighton,
and FTA’s section 5309 New Starts public and agency participation in, and Deputy Regional Administrator, Region VIII.
requirements, the project’s comment on, the environmental review [FR Doc. E7–24861 Filed 12–20–07; 8:45 am]
environmental process has been divided process. An invitation to become a BILLING CODE 4910–57–P
into three general phases: (1) Scoping; participating or cooperating agency,
(2) Alternatives Analysis/ EIS, selection with scoping materials appended, will
of the Locally Preferred Alternative be extended to other Federal and non- DEPARTMENT OF TRANSPORTATION
(LPA); selection of the Preferred Federal agencies and Native American
Alternative and (3) Final EIS. tribes that may have an interest in the Pipeline and Hazardous Materials
Safety Administration
III. Alternatives proposed project. It is possible that the
The Feasibility Study conducted in lead agencies will not be able to identify [Docket No. PHMSA–2006–24058]
2005 recommended Bus Rapid Transit all Federal and non-Federal agencies
and Native American tribes that may Pipeline Safety: Grant of Special
(BRT) along University Parkway and
have such an interest. Any Federal or Permit; TransCanada Pipelines Limited
University Avenue with a detour off
University Avenue to serve Brigham non-Federal agency or Native American AGENCY: Pipeline and Hazardous
Young University (BYU). Because tribe interested in the proposed project Materials Safety Administration
population and employment densities that does not receive an invitation to (PHMSA); DOT.
have changed in the study area since become a participating agency should ACTION: Notice; Grant of Special Permit.
2005, the AA/EIS will evaluate a wide notify Pat Rothacher, Utah Transit
range of fixed guideway alternatives Authority, at 3600 South 700 West, Salt SUMMARY: The Pipeline and Hazardous
including light rail and Bus Rapid Lake City, UT 84119 or Materials Safety Administration
Transit. Bus Rapid Transit includes prothacher@rideuta.com. (PHMSA) is granting TransCanada
exclusive transit lanes (either center- Pipelines Limited (TransCanada) a
running or side-running) and queue UTA is seeking federal assistance
special permit waiving compliance from
jump lanes. The preliminary from the FTA to fund the proposed
the Federal pipeline safety regulation in
alternatives will be narrowed to a project under 49 United States Code 49 CFR 192.611 for two pipeline
locally preferred alternative based on 5309 and will, therefore, be subject to segments in the Portland Natural Gas
updated ridership forecasts. The locally regulations (49 Code of Federal Transmission System, described below
preferred alternative and a No-Action Regulations (CFR) Part 611) related to under ‘‘Pipeline System Affected.’’ The
alternative will be evaluated in detail in New Starts projects. regulation requires natural gas pipeline
the EIS resulting in the selection of a The AA/EIS will be prepared in operators to confirm or revise the
Preferred Alternative. accordance with NEPA and its maximum allowable operating pressure
IV. Probable Effects implementing regulation issued by the of a pipeline after a change in class
Council on Environmental Quality (40 location.
NEPA requires FTA and UTA to
CFR Parts 1500–1508) and with the FOR FURTHER INFORMATION CONTACT:
evaluate the significant impacts of the
alternatives selected for study in the FTA/Federal Highway Administration Alan Mayberry at (202) 366–5124, or by
AA/EIS. Primary issues identified thus regulations ‘‘Environmental Impact and e-mail at Alan.Mayberry @dot.gov; or
far include additional right-of-way Related Procedures’’ (23 CFR part 771). Wayne Lemoi at (404) 832–1160 or by
takes, business impacts, potential In accordance with 23 CFR 771.105(a) e-mail at Wayne.Lemoi@dot.gov.
impacts to historic properties, and and 771.133, FTA will comply with all SUPPLEMENTARY INFORMATION:
traffic and accessibility impacts. The Federal environmental laws,
regulations, and executive orders Special Permit Request
impacts will be evaluated for both the
construction period and for the long- applicable to the proposed project Pipeline Operator: TransCanada
term period of operation. Measures to during the environmental review petitioned PHMSA on April 8, 2005, for
mitigate adverse impacts will be process. These requirements include, a special permit to waive compliance
developed. but are not limited to, the from the Federal pipeline safety
environmental and public hearing regulation in 49 CFR § 192.611 for two
V. FTA Procedures pipeline segments of the Portland
provisions of Federal transit laws (49
The regulation implementing NEPA, U.S.C. 5301 (e), 5323 (b), and 5324); the Natural Gas Transmission System
as well as provisions of the Safe, project-level air quality conformity (PNGTS) 24-inch mainline operated by
Accountable, Flexible, Efficient regulation of the U.S. Environmental TransCanada and described below
Transportation Equity Act: A Legacy for Protection Agency (EPA) (40 CFR Part under ‘‘Pipeline System Affected.’’ The
Users (SAFETEA–LU), call for public 93); The section 404 (b)(1) guidelines of regulation requires natural gas pipeline
involvement in the NEPA process. operators to confirm or revise the
EPA (40 CFR Part 230); the regulation
Section 6002 of SAFETEA–LU requires maximum allowable operating pressure
implementing section 106 of the
that the lead agencies (FTA, UTA, and (MAOP) of a pipeline after a change in
MAG) do the following: (1) Extend an National Historic Preservation Act (36 class location.
invitation to other Federal and non- CFR Part 800); the regulation Pipeline System Affected: This special
Federal agencies and Native American implementing section 7 of the permit request covers two segments of a
tribes that may have an interest in the Endangered Species Act (50 CFR Part single 24-inch pipeline known as the
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proposed project to become 402); section 4(f) of the Department of PNGTS pipeline in and near the town of
‘‘participating agencies;’’ (2) provide an Transportation Act (23 CFR 771.135); North Windham, Maine. Special permit
opportunity for involvement by and Executive Orders 12898 on segment 1 includes 615 feet that
participating agencies and the public to environmental justice, 11988 on changed from a Class 1 location to a
help define the purpose and need for a floodplain management, and 11990 on Class 3 location on March 1, 2004, and
proposed project, as well as the range of wetlands. an additional 2,298 feet that

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72816 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices

TransCanada anticipates will change special permit. Second, the age and include conditions requiring
from a Class 1 location to a Class 3 manufacturing process of the pipe; TransCanada to perform additional
location for a total of 2,913 feet. Special system design and construction; inspections in the special permit
permit segment 2 is just upstream of environmental, operating and inspection area on a frequency
special permit segment 1 and includes maintenance histories; and integrity consistent with the integrity
4,766 feet anticipated by TransCanada management program (IMP) elements management regulations contained in 49
to change from a Class 1 location to a are evaluated as significant criteria. CFR Part 192, Subpart O. The special
Class 3 location. Anticipated class These significant criteria are presented permit conditions will also require
location change for both special permit in matrix form and can be reviewed in TransCanada to incorporate both special
segments is due to residential and the FDMS, Docket Number PHMSA- permit segments in its written IMP as
commercial development anticipated by RSPA–2004–17401. Third, such special ‘‘covered segments’’ in a ‘‘high
TransCanada. The two ‘‘special permit permits will only then be granted when consequence area (HCA)’’ per 49 CFR
segments’’ are defined as follows: pipe conditions and active integrity 192.903.
• Special Permit Segment 1: 2,913 management provides a level of safety Criteria Matrix: The original and
feet, mile post (MP) 132.20 to MP 132.75 greater than or equal to a pipe supplemental data submitted by
• Special Permit Segment 2: 4,766 replacement or pressure reduction. TransCanada for the special permit
feet, MP 130.88 to MP 131.78 Threshold Requirements: Each of the segments have been compared to the
A special permit inspection area is threshold requirements published by class location change special permit
defined as the area within 220 yards of PHMSA in the June 29, 2004 FR notice criteria matrix. The data falls within the
each side of a pipeline centerline along is discussed below for the TransCanada ‘‘probable acceptance’’ column of the
the entire length of the special permit special permit petition. criteria matrix for all criteria except for
segment and along the pipeline up to 25 (1) No pipeline segments in a class a change, from a Class 1 location to a
miles upstream and downstream of the location changing to Class 4 location Class 3 location, which falls within the
special permit segment. The ‘‘special will be considered. This special permit ‘‘possible acceptance’’ column of the
permit inspection area’’ for this special request is for two pipeline segments in criteria matrix, and the ILI Time Frame
permit consists of the area within 220 class locations that have changed or are Requirement which falls within the
yards of each side of the PNGTS anticipated to change from Class 1 to ‘‘possible acceptance’’ column of the
pipeline centerline along the entire Class 3. This requirement has been met criteria matrix.
length of the pipeline from 25 miles for both PNGTS special permit (1) Pipe design and construction,
upstream of special permit segment 2 to segments. including pipe manufacture, material,
approximately 10 miles downstream of (2) No bare pipe will be considered. design stress and weld radiography: the
special permit segment 1 and is Both special permit segments of the pipe of both special permit segments
inclusive of both special permit PNGTS pipeline are coated with Fusion was manufactured in 1998–1999 of
segments. Bond Epoxy (FBE), meeting this American Petroleum Institute
requirement. Specification 5L, Specification for Line
Public Notice (3) No pipe containing wrinkle bends Pipe (API 5L), X–70 steel, using a 72
On September 7, 2006, PHMSA will be considered. There are no wrinkle percent SMYS design factor per
published a notice of the TransCanada bends in the special permit segments. § 192.111, with documented 100 percent
request in the Federal Register (71 FR This requirement has been met for both circumferential field weld radiographic
52871) inviting interested persons to PNGTS special permit segments. inspection. The pipe coating is mill-
comment on the request. On February 8, (4) No pipe segments operating above applied FBE with field-applied FBE on
2007, PHMSA posted another notice in 72 percent of the specified minimum circumferential welds. All of these
the Federal Register (72 FR 6042) yield strength (SMYS) will be factors fall within the ‘‘probable
informing the public that we have considered for a Class 3 special permit. acceptance’’ column of the criteria
changed the name granting a waiver to The PNGTS pipeline operates at or matrix.
a special permit. We did not receive any below 72 percent SMYS. This (2) Pressure testing: both special
public comments for or against this requirement has been met for both permit segments were pressure tested in
special permit request. We also PNGTS special permit segments. 1998 to 1,846 psig corresponding to 128
requested and received supplemental (5) Records must be produced that percent MAOP and 92 percent SMYS.
information from TransCanada. The show a hydrostatic test to at least 1.25 No test failures occurred. These factors
special permit petition, Federal Register × MAOP. The PNGTS pipeline has been fall within the ‘‘probable acceptance’’
notice, supplemental information from hydrostatically tested to 1,846 pounds column of the criteria matrix.
TransCanada and all other documents per square inch gauge (psig), 1.28 × (3) Environmental considerations: the
pertinent to this special permit request MAOP. This requirement has been met depth of cover is given as 48 inches for
are available for review by the public in for both PNGTS special permit both special permit segments, exceeding
Docket Number PHMSA–2006–24058 in segments. the requirements of § 192.327(a). Both
the Federal Docket Management System (6) In-line inspection (ILI) must have special permit segments are located in
(FDMS) located on the internet at been performed with no significant stable terrain that does not contain any
www.Regulations.gov. anomalies identified that indicate major slopes. These factors fall within
systemic problems. The PNGTS pipeline the ‘‘probable acceptance’’ column of
Special Permit Analysis has been ILI inspected with no the criteria matrix.
Background: On June 29, 2004, significant anomalies in the special (4) Operational considerations:
PHMSA published in the Federal permit segments, thus meeting this according to TransCanada, there were
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Register (69 FR 38948) the criteria it requirement. no leaks or failures in the two special
uses for the consideration of class (7) The special permit inspection area permit segments of the pipeline. The
location change special permits. First, must be inspected according to the pipeline transports only dry gas with
certain threshold requirements must be operator’s IMP and periodically light pressure fluctuations. Cathodic
met for a pipeline section to be further inspected with an in-line inspection protection (CP) was operational in the
evaluated for a class location change technique. This special permit will fall of 1999 on both pipeline special

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Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices 72817

permit segments, which was within 9 Special Permit Findings the PNGTS pipeline. This special permit
months of the in-service date of the PHMSA finds that granting this applies to the pipeline special permit
pipeline. A baseline close interval special permit is not inconsistent with segments defined as follows:
survey (CIS) of the entire PNGTS • Special permit segment 1: 2,913
pipeline safety and will provide a level
pipeline was performed during the feet, mile post (MP) 132.20 to MP 132.75
of safety equal to or greater than pipe • Special permit segment 2: 4,766
summer of 2000. No low potentials or replacement or pressure reduction. We
CP anomalies were identified in the feet, MP 130.88 to MP 131.78
do so because the special permit A special permit inspection area is
special permit segments. No safety analysis shows the following:
related condition reports (SRCR) have defined as the area within 220 yards of
(1) The special permit segments meet each side of a pipeline centerline along
been issued for the special permit six of the seven threshold requirements.
segments. These factors fall within the the entire length of the special permit
The seventh threshold requirement, that segment and along the pipeline up to 25
‘‘probable acceptance’’ column of the the special permit inspection area be
criteria matrix. miles upstream and downstream of the
inspected according to the operator’s special permit segment. The ‘‘special
(5) Integrity management program: IMP and periodically inspected with an permit inspection area’’ for this special
special permit segment 1 is currently in-line inspection technique, will be permit consists of the area within 220
within an HCA, while special permit addressed in the special permit yards of each side of the PNGTS
segment 2 is anticipated by conditions. The special permit pipeline centerline along the entire
TransCanada to become an HCA in its conditions will also include annual length of the pipeline from 25 miles
entirety due to anticipated inspection requirements of the special upstream of special permit segment 2 to
development. The entire PNGTS permit inspection area and both special approximately 10 miles downstream of
pipeline (including both special permit permit segments on a frequency special permit segment 1 and inclusive
segments) transports odorized gas. consistent with 49 CFR 192, Subpart O; of both special permit segments.
Leakage surveys using leak detection the Integrity Management regulations.
equipment are performed annually on (2) The special permit segments fall in Special Permit Conditions
the entire pipeline including the special the ‘‘probable acceptance’’ column of This special permit is granted with
permit segments. PNGTS performed an the criteria matrix for all criteria except the following conditions:
ILI on November 1, 2002, which was for class location change and ILI time (1) TransCanada must continue to
more than two years but less than five frame. The class location change for operate the special permit segments at
years prior to the special permit both special permit segments is from a or below the existing MAOP.
application date, placing this criterion Class 1 location to a Class 3 location, (2) TransCanada must incorporate
in the ‘‘possible acceptance’’ column of which places this parameter in the both special permit segment 1 and
the criteria matrix. Two minor (less than ‘‘possible acceptance’’ column. The last special permit segment 2 into its written
4 percent) anomalies identified in the ILI that was performed on the entire IMP as ‘‘covered segments’’ in an HCA
2002 ILI were excavated in 2005; no PNGTS pipeline containing the special as defined in 49 CFR Subpart O,
active corrosion was found. A high permit segments was on November 1, § 192.903, except for the reporting
resolution magnetic flux leakage (MFL) 2002, which is longer than two but less requirements contained in 49 CFR
ILI is scheduled for 2009 on the pipeline than five years preceding the special 192.945. The special permit segments
sections including the special permit permit petition. This places the ILI time included in this special permit need not
segments. A baseline CIS was performed frame parameter in the ‘‘possible be included in TransCanada’s IMP
in 2002 on the entire PNGTS pipeline acceptance’’ column. baseline assessment plan.
system. TransCanada annually performs (3) The special permit conditions will (3) TransCanada must perform a CIS
a CIS of 15–20 percent of the system and require TransCanada to implement of the entire length of the special permit
proposes to perform a CIS on the special enhanced IMP actions for the entire inspection area not later than one year
permit segments annually. TransCanada special permit inspection area. after the grant of special permit and
has not identified any coating or remediate any areas of inadequate
corrosion issues. TransCanada proposes Special Permit Grant
cathodic protection. A CIS and
to perform a direct current voltage PHMSA grants a special permit of remediation need not be performed on
gradient (DCVG) survey on both special compliance from 49 CFR 192.611 to the special permit inspection area if a
permit segments and 1,000 feet TransCanada Pipelines Limited for two CIS and remediation have been
upstream and downstream of the special pipeline segments defined below in or performed within 6 years of the grant of
permit segments. TransCanada also near North Windham, Maine in the special permit. If factors beyond
proposes to perform weekly aerial Portland Natural Gas Transmission TransCanada’s control prevent the
patrols and quarterly ground road System. The special permit segments are completion of the CIS and remediation
crossing patrols, including leakage where the class locations along the within one year, a CIS and remediation
surveys, using leak detection equipment pipeline have changed or are must be completed as soon as
in the proposed special permit anticipated to change in the future from practicable and a letter justifying the
segments. TransCanada additionally a Class 1 location to a Class 3 location. delay and providing the anticipated date
proposes to install buried excavation As of July 1, 2007, only 615 feet of of completion must be submitted to the
warning tape over the pipeline special permit segment 1 has actually Director, PHMSA Eastern Region not
comprising the special permit segments. changed to Class 3 location. PHMSA is later than one year of the grant of
All of these factors, with the exception nevertheless granting this special permit special permit.
of the ILI time frame criterion, fall for both the actual and the anticipated (4) TransCanada must perform
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within the ‘‘probable acceptance’’ class location change along both special ongoing CIS of both special permit
column. The ILI time frame falls within permit segments because the additional segment 1 and special permit segment 2
the ‘‘possible acceptance’’ column integrity management program actions at the applicable reassessment
because it was several months outside required by this special permit for the interval(s) for a ‘‘covered segment’’
the two year requirement prior to the entire special permit inspection area determined in accordance with 49 CFR
special permit application. will enhance the safety of operation of 192.939.

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72818 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices

(5) TransCanada must perform a (13) TransCanada must give sufficient (17) If any annual test station readings
Direct Current Voltage Gradient (DCVG) notice to the Director, PHMSA Eastern within the special permit inspection
survey of both special permit segment 1 Region to enable observation of any or area fall below 49 CFR part 192, subpart
and special permit segment 2 not later all special permit related activities in I requirements, remediation must occur
than one year after the grant of special the special permit inspection area. within six months and include a CIS on
permit to verify the pipeline coating (14) TransCanada must determine and each side of the affected test station to
conditions and to remediate any provide certification that all inspections the next test station and identified
integrity issues in the special permit and activities associated with this corrosion system modifications to
segments. If factors beyond special permit will not impact or defer ensure corrosion control. If factors
TransCanada’s control prevent the any of the operator’s assessments for beyond TransCanada’s control prevent
completion of the DCVG and HCAs under 49 CFR part § 192, subpart the completion of remediation within
remediation within one year, a DCVG O, particularly those associated with the six months, remediation must be
and remediation must be performed as most significant 50 percent. completed as soon as practicable and a
soon as practicable and a letter (15) Within three months following letter justifying the delay and providing
justifying the delay and providing the approval of this special permit and the anticipated date of completion must
anticipated date of completion must be annually thereafter, TransCanada must be submitted to the Director, PHMSA
submitted to the Director, PHMSA report the following to the Director, Eastern Region not later than one year
Eastern Region not later than one year PHMSA Eastern Region: after the grant of special permit.
of the grant of special permit. (a) The economic benefits of the (18) Anomaly Evaluation and Repair:
(6) TransCanada must evaluate the special permit to TransCanada. This (a) General: TransCanada shall
potential for stress corrosion cracking should address both the costs avoided account for ILI tool tolerance and
(SCC), according to 49 CFR 192.929 from not replacing the pipe and the corrosion growth rates in scheduled
within one year after the grant of special added costs of the inspection program response times and repairs.
permit. If the potential for SCC is (required for the initial report only). (b) Dents: TransCanada shall repair
identified, TransCanada must perform a (b) In the first annual report, fully dents in the special permit segments
stress corrosion cracking direct describe how the public benefits from and special permit inspection area in
assessment (SCCDA) of the special energy availability. This should address accordance with 49 CFR § 192.933.
permit inspection area in accordance the benefits of avoided disruptions as a (c) Repair Criteria: Repair criteria
with 49 CFR 192.929. consequence of pipe replacement and applies to anomalies located within the
(7) TransCanada must submit the CIS, special permit inspection area when
the benefits of maintaining system
DCVG and SCCDA findings including they have been excavated and
capacity. Subsequent reports must
remediation actions in a written report investigated in accordance with 49 CFR
indicate any changes to this initial
to the Director, PHMSA Eastern Region 192.485 and 192.933 as follows:
assessment.
not later than two years after the grant (i) Special permit segments—repair
(c) The number of new residences,
of special permit. any anomaly with a failure pressure
(8) TransCanada must amend other structures intended for human
occupancy and public gathering areas ratio (FPR) less than or equal to 1.39 for
applicable sections of its operations and
built within the special permit pipe operating at a stress level up to 72
maintenance (O&M) manual(s) to
inspection area. percent of SMYS and any anomaly
incorporate the inspection and
(d) Any new integrity threats greater than 50 percent of pipe wall
reassessment intervals by ILI along the
identified during the previous year and thickness.
entire length of the special permit
the results of any in-line inspections or (ii) Special permit inspection area—
inspection area at a frequency
direct assessments performed during the the response time must be in accordance
consistent with 49 CFR § 192, Subpart
previous year in the special permit with 49 CFR § 192, subpart O, the
O.
(9) TransCanada must amend inspection area. applicable edition of the American
applicable sections of its O&M (e) Any reportable incident, any leak Society of Mechanical Engineers
manual(s) to incorporate the inspection normally indicated on the DOT Annual Standard B31.8S, Managing System
and reassessment intervals by CIS of Report and all repairs on the pipeline Integrity of Gas Pipelines (ASME
both special permit segment 1 and that occurred during the previous year B31.8S) and TransCanada’s IMP.
special permit segment 2 at a frequency in the special permit inspection area. (d) Response Time for ILI Results: The
consistent with 49 CFR Part 192, (f) On-going damage prevention following guidelines provide the
Subpart O. initiatives affecting the special permit required timing for excavation and
(10) The assessments of the special inspection area and a discussion on the investigation of anomalies based on ILI
permit segments and the special permit success of the initiatives. results. Reassessment by ILI will ‘‘reset’’
inspection area using ILI must conform (g) Any mergers, acquisitions, transfer the timing for anomalies not already
to the required maximum reassessment of assets, or other events affecting the investigated and/or repaired.
intervals specified in 49 CFR 192.939. regulatory responsibility of the company TransCanada must evaluate ILI data by
(11) TransCanada must schedule operating the pipeline. using either the ASME Standard B31G,
future reassessment dates for the special (16) At least one CP pipe-to-soil test Manual for Determining the Remaining
permit inspection area according to 49 station must be located within each Strength of Corroded Pipelines (ASME
CFR § 192.939 by adding the required HCA with a maximum spacing between B31G), or the Modified B31G (0.85dL)
time interval to the previous assessment test stations of one-half mile within an for calculating the predicted failure
date. HCA. In cases where obstructions or pressure ratio to determine anomaly
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(12) TransCanada must ensure their restricted areas prevent test station responses.
damage prevention program placement, the test station must be (i) Special permit segment:
incorporates the applicable best placed in the closest practical location. —Immediate response: FPR equal to or
practices of the Common Ground This requirement applies to any HCA less than 1.1 or anomalies equal to
Alliance (CGA) within the special within the special permit inspection and greater than 80 percent of pipe
permit inspection area. area. wall thickness;

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—1-year response: pipe operating at a Issued in Washington, DC on December 17, Applicants’ proposed acquisition of
stress level up to 72 percent of 2007. the EJ&E would shift rail traffic
SMYS—FPR equal to or less than 1.39 Jeffrey D. Wiese, currently moving over CN’s rail lines
and anomalies equal to or greater than Associate Administrator for Pipeline Safety. inside the EJ&E arc in Chicago to the
60 percent of pipe wall thickness; [FR Doc. E7–24776 Filed 12–20–07; 8:45 am] EJ&E, which traverses the suburbs
—Scheduled reponse: pipe operating at BILLING CODE 4910–60–P generally to the west and south of
a stress level up to 72 percent of Chicago. Rail traffic on CNR lines inside
SMYS—FPR greater than 1.39 and the EJ&E arc would generally decrease.
anomalies less than 60 percent of pipe DEPARTMENT OF TRANSPORTATION The decreases in rail traffic would be
wall thickness. offset by increases in the number of
(ii) Special permit inspection area: Surface Transportation Board
trains operating on the EJ&E rail line
The response time must be in [STB Finance Docket No. 35087] outside of Chicago (approximately 15–
accordance with 49 CFR § 192, subpart 27 more trains would operate on various
O, ASME B31.8S (applicable edition) Canadian National Railway Company segments of the EJ&E). Applicants also
and TransCanada’s IMP. and Grand Trunk Corporation— proposed to construct six new rail
(19) PHMSA may extend either or Control—EJ&E West Company connections and approximately 19 miles
both of the original special permit of new sidings/double tracking.
AGENCY: Surface Transportation Board,
segments to include contiguous Applicants give three primary reasons
DOT.
segments of pipeline up to the limits of for seeking approval of the proposed
the special permit inspection area ACTION: Notice of Intent To Prepare an
Environmental Impact Statement (EIS); acquisition: Improved rail operations in
pursuant to the following conditions. the Chicago area; availability to EJ&E’s
TransCanada must: Notice of Initiation of the Scoping
Process, Including Notice of Availability Kirk Yard in Gary, Indiana, and other
(a) Provide at least 90 days advance
written notice to the Director, PHMSA of Draft Scope of Study for smaller facilities in Joliet, Illinois, and
Eastern Region and PHMSA Environmental Impact Statement; Whiting, Indiana; and improved service
Headquarters of a requested extension of Request for Comments on Draft Scope; to companies dealing in steel,
either or both of special permit segment and Notice of Open-House Meetings. chemicals, and petrochemicals, as well
1 and special permit segment 2 based on as Chicago area utilities.
SUMMARY: On October 30, 2007,
an actual class location change and Canadian National Railway Corporation To thoroughly assess the potential
include a schedule of inspections and of (CNR) and Grand Trunk Corporation environmental impacts that may result
any anticipated remedial actions. If (GTC), a noncarrier holding company from the proposed acquisition, the
PHMSA Headquarters makes a written through which CNR controls its U.S. rail Board, through its Section of
objection before the effective date of the subsidiaries, filed an application with Environmental Analysis (SEA), will
requested special permit segment (90 the Surface Transportation Board prepare an Environmental Impact
days from receipt of the above notice), (Board) seeking the Board’s approval of Statement (EIS). The purpose of this
the requested special permit segment the acquisition of control of EJ&E West Notice is to give all interested persons
extension does not become effective. Company (EJ&EW), a wholly owned the opportunity to actively participate
(b) Complete all inspections and noncarrier subsidiary of Elgin, Joliet and in the forthcoming environmental
remediation of the proposed special Eastern Railway Company (EJ&E). In review, the first step of which is
permit segment extension to the extent this document, the action before the ‘‘scoping.’’ Scoping is an open process
required of the original special permit Board will be referred to as the proposal for determining the range of issues that
segment. or the proposed acquisition and CNR should be examined and assessed in the
(c) Apply all the special permit and GTC will be referred to collectively EIS. In addition to announcing that the
conditions and limitations included as CN or as Applicants. Board will prepare an EIS for this
herein to all future extensions. CN is one of Canada’s two major proceeding, this Notice also announces
Special Permit Limitations railroads. It extends from Halifax, Nova the availability of a draft scope of study,
Scotia, to Vancouver and Prince Rupert, requests comments on the draft scope of
PHMSA has the sole authority to British Columbia. EJ&E is a Class II study, and presents the schedule of
make all determinations on whether railroad that currently operates over 198 Open-House meetings to be held in the
TransCanada has complied with the miles of track in northeastern Illinois
specified conditions. Should project area.
and northwestern Indiana, consisting
TransCanada fail to comply with any primarily of an arc of roughly 190 miles DATES, TIMES, AND LOCATIONS: Scoping
conditions of this special permit, or around Chicago, IL, extending from Open House meetings will be held at the
should PHMSA determine this special Waukegan, IL, southwards to Joliet, IL, dates and locations listed below. Each
permit is no longer appropriate or that then eastward to Gary, IN, and then location will have an afternoon and an
this special permit is inconsistent with northwest to South Chicago along Lake evening session at the following times:
pipeline safety, PHMSA may revoke this Michigan. EJ&E provides rail service to The afternoon Open House is scheduled
special permit and require TransCanada approximately 100 customers, including from 1p.m. to 4 p.m. and the evening
to comply with the regulatory steel mills, coal utilities, plastics and Open House is scheduled from 6 p.m. to
requirements of 49 CFR 192.611. chemical producers, steel processors, 8 p.m. There is no need to attend more
Authority: 49 U.S.C. 60118 (c)(1) and 49 distribution centers, and scrap than one meeting, but all are welcome
CFR 1.53. processors. to attend as many meetings as desired.
mstockstill on PROD1PC66 with NOTICES

Date Location

January 8, 2008 .................................................................. Crown Plaza, Salon A/C Room, 510 E. Route 83, Mundelein, IL 60060, 847–949–
5100.
January 9, 2008 .................................................................. Makray Memorial Golf Club, Grand Ballroom, 1010 S. NW., Highway, Barrington, IL
60010, 847–381–6500.

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