Deepwater Port License Application: Liberty Natural Gas LLC, Port Ambrose Deepwater Port; Withdrawal of Application and Termination of Federal Application Review Process, 80454-80455 [2015-32348]

Download as PDF 80454 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number USCG–2013–0363] Deepwater Port License Application: Liberty Natural Gas LLC, Port Ambrose Deepwater Port; Withdrawal of Application and Termination of Federal Application Review Process Maritime Administration, U.S. Department of Transportation. ACTION: Notice of termination of Federal review. AGENCY: The Maritime Administration (MARAD) announces the termination of the Liberty Natural Gas LLC (Liberty) Port Ambrose Deepwater Port License Application and all related Federal processing activities required by applicable provisions of the Deepwater Port Act of 1974, as amended (Act). On September 28, 2015, Liberty submitted to MARAD and the U.S. Coast Guard (USCG) an application under the Act for a license and all Federal authorizations required to own, construct, and operate a deepwater port for the importation of liquefied natural gas (LNG) into the United States. The deepwater port, known as Port Ambrose, was proposed to be located in the offshore waters of New York and New Jersey, in the New York Bight. On June 14, 2013, MARAD and USCG deemed the application complete, designated New York and New Jersey as adjacent coastal states (ACS) and commenced the Federal application review process required under the Act. This process also included a comprehensive environmental assessment, public meetings and coordination of the application review process with relevant Federal and State agencies. Upon completion of the environmental review process required by the National Environmental Policy Act (NEPA) and the final public licensing hearings, Governor Andrew M. Cuomo of the State of New York, notified the Maritime Administration, by letter dated November 12, 2015, of his disapproval of the Liberty Port Ambrose deepwater port project. Governor Cuomo’s disapproval was issued in accordance with the provisions outlined in 33 U.S.C. Section 1508(c)(8) which state, the Secretary (or Maritime Administrator by delegated authority) may issue a deepwater port license only if the Governor of the ACS approves or is presumed to approve, issuance of the license. In light of Governor Cuomo’s disapproval of the application, Liberty notified MARAD, mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 by letter dated November 18, 2015, of its withdrawal of the Port Ambrose license application from the Federal review process. As a consequence of Liberty’s withdrawal of its application, the Federal application review process and all related Federal processing activities were terminated on November 18, 2015. This Federal Register Notice shall serve as official announcement to the public that the Federal review and processing of the Liberty Port Ambrose deepwater port license application is terminated. FOR FURTHER INFORMATION CONTACT: Ms. Yvette M. Fields, Director, Office of Deepwater Ports and Offshore Activities, Maritime Administration, telephone 202–366–0926, email: Yvette.Fields@dot.gov. SUPPLEMENTARY INFORMATION: On September 28, 2012, Liberty submitted to MARAD and USCG an application for a license and all Federal authorizations required to own, construct, and operate a natural gas import deepwater port known as Port Ambrose. Specifically, the Port Ambrose license application proposed construction and operation of an offshore natural gas deepwater port facility that would have been located 16.1 nautical miles southeast of Jones Beach, New York, 24.9 nautical miles east of Long Branch, New Jersey, and 27.1 nautical miles from the entrance to New York Harbor in a water depth of approximately 103 feet. As required under the Act, MARAD and USCG, acting as co-lead agencies, commenced a formal review of the Port Ambrose deepwater port license application. The review included an application completeness determination, development of a comprehensive Environmental Impact Statement (EIS) as required by NEPA, in-depth review of the financial capacity of the applicant to construct, operate and decommission the proposed deepwater port and assessment of the applicant’s ability to meet all other license criteria of the Act. The initial Port Ambrose deepwater port Notice of Application (NOA) was published in the Federal Register on June 14, 2013 (78 FR 36014). The NOA announced completeness of MARAD’s and USCG’s initial review of the application and commencement of the formal application review process. Thereafter, the required Notice of Intent to prepare an EIS and conduct public scoping meetings was published in the Federal Register on June 24, 2013 (78 FR 37878). The required public scoping meetings were held in Long Beach, New York on July 9, 2013, and in Edison, New Jersey on July 10, 2013. Additionally, an NOA of the Draft EIS (DEIS) was published in PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 the Federal Register on December 16, 2014 (79 FR 74808), and subsequent public meetings seeking public comments on the DEIS were held in Jamaica, New York on January 7, 2015, and in Eatontown, New Jersey on January 8, 2015. On October 16, 2015, an NOA of the Final EIS and Notice of Final Public Licensing Hearings was published in the Federal Register (80 FR 62596). The final hearings were held on November 2, 2015 and November 3, 2015 in Long Beach, New York, and on November 4, 2015 and November 5, 2015 in Eatontown, New Jersey. Upon conclusion of the final public licensing hearings and completion of consistency reviews by the relevant state agencies, New York Governor Andrew M. Cuomo, by letter dated November 12, 2015, advised MARAD of his disapproval of Liberty’s Port Ambrose deepwater port license application. Governor Cuomo disapproved the application in accordance with his authority as an ACS Governor, as provided under Section 1508(b)(1) of the Act. Governor Cuomo’s disapproval was based on concerns related to his assessment of the proposed project’s inherent security risks, impacts of extreme weather events, disruption of commercial navigation and fishing activities, and the potential interference with currently pending renewable energy projects proposed for the State of New York. On November 18, 2015, in light of Governor Cuomo’s disapproval of the Port Ambrose license application, Liberty notified MARAD of its withdrawal of the application from the Federal review process. As a consequence of the withdrawal of the application, the Federal review process was terminated on November 18, 2015. This public notice serves as an official announcement of the termination of the Liberty Natural Gas Port Ambrose deepwater port license application and all other related Federal processing activities. Further, as a result of the termination of the application and related processing activities, no Record of Decision (ROD) will be issued by MARAD for the Liberty Port Ambrose license application. It should be noted, however, that all project related information compiled and assessed during the application review will be incorporated into the final administrative record for the Liberty Port Ambrose deepwater license application. Additional information regarding the Liberty Port Ambrose deepwater port license application, comments, supporting information and other E:\FR\FM\24DEN1.SGM 24DEN1 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices associated documentation are available for viewing at the Federal Docket Management System (FDMS) Web site: http://www.regulations.gov under docket number USCG–2013–0363. (Authority: 49 CFR 1.93) * * * The proposed Delfin LNG deepwater port incorporates onshore components, which are subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC). These facilities are described in the section of this notice titled ‘‘FERC Application.’’ Mr. Roddy Bachman, USCG, telephone: 202–372–1451, email: Roddy.C.Bachman@uscg.mil, or Ms. Yvette M. Fields, Director, Office of Deepwater Ports and Offshore Activities, MARAD, telephone: 202– 366–0926, email: Yvette.Fields@dot.gov. For questions regarding viewing the Federal docket, call Docket Operations, telephone 202–366–9826. FOR FURTHER INFORMATION CONTACT: Dated: December 18, 2015. By Order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2015–32348 Filed 12–23–15; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration SUPPLEMENTARY INFORMATION: [Docket No. USCG–2015–0472] Request for Comments Deepwater Port License Application: Delfin LNG LLC, Delfin LNG Deepwater Port We request public comments on the amended application for the proposed deepwater port. You can submit comments directly to the Docket Operations Facility during the public comment period from publication date of this Notice until Tuesday, January 19, 2016. We will consider all comments and materials received during the public comment period. Public comment submissions must be unbound, no larger than 81⁄2 by 11 inches and suitable for copying and electronic scanning. Please include the docket number (USCG– 2015–0472) and your name and address on any correspondence. Submit comments or material using only one of the following methods: • Online: Go to www.regulations.gov and search docket number ‘‘USCG– 2015–0472.’’ Follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Bring comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. While not required, it is preferred that comments be submitted electronically, which facilitates use of computer software to sort, organize and search the comments. If you submit your comments electronically, it is not necessary to also submit a hard copy. Maritime Administration, U.S. Department of Transportation. ACTION: Notice of Receipt of Amended Application; Request for Comments. AGENCY: The Maritime Administration (MARAD), in cooperation with the U.S. Coast Guard (USCG), announces the receipt and availability of the amended deepwater port license application submitted by Delfin LNG LLC (Delfin LNG) on November 19, 2015 (amended application). The purpose of this Federal Register Notice is to explain the changes between the original application and the amended application and seek public comments regarding the amended application. Please note, MARAD and USCG have determined that this Federal Register Notice is sufficient for satisfying National Environmental Policy Act (NEPA) requirements for public scoping and seeking public comment on an agency action. As such, no public scoping meetings are planned to be held for the Delfin LNG amended application. A Notice of Application that summarized the original Delfin LNG license application was published in the Federal Register on July 16, 2015 (80 FR 42162). A Notice of Intent to Prepare an Environmental Impact Statement and Notice of Public Meetings was published in the Federal Register on Wednesday, July 29, 2015 (80 FR 45270). This Notice incorporates the aforementioned Notices by reference and highlights changes to the proposed Delfin LNG project made since the original application was deemed complete. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 80455 Background On May 8, 2015, as supplemented on June 19, 2015, MARAD and USCG received an application from Delfin LNG for all Federal authorizations required for a license to own, construct, and operate a deepwater port for the export of natural gas. On Thursday, July 16, 2015, a Notice of Application was published in the Federal Register (80 FR 42162) advising the public of the completed original application. Louisiana and Texas were designated as adjacent coastal States (ACS) for the original application. Two public scoping meetings were held in connection with the original Delfin LNG application. The first public scoping meeting was held in Lake Charles, Louisiana on August 18, 2015, and the second public scoping meeting was held in Beaumont, Texas on August 19, 2015. After the public scoping meetings concluded, Delfin LNG advised MARAD and USCG of its intent to amend the original application. In anticipation of the amended application, MARAD and USCG issued a regulatory ‘‘stop-clock’’ letter to Delfin LNG on September 18, 2015. That letter commenced a regulatory ‘‘stop-clock,’’ effective September 18, 2015, which would remain in effect until MARAD and USCG received the amended application and determined it contained sufficient information to continue the Federal review process. On November 19, 2015, Delfin LNG submitted its amended application to MARAD and USCG. Working in coordination with participating Federal and State agencies, we will commence processing the amended application and complete a Draft EIS which analyzes reasonable alternatives to, and the direct, indirect and cumulative environmental impacts of, the proposed action. When the Draft EIS is complete and ready for public review, a Notice of Availability will be published in the Federal Register. The Notice of Availability will provide for a public comment period that includes public meetings in Louisiana and Texas. The amended application is currently available for public review at the Federal docket Web site: www.regulations.gov under docket number USCG–2015–0472. Summary of the Amended Application The specific project changes from the original Delfin LNG application are: 1) the liquefaction capacity of the four proposed FLNGVs that would service the proposed Delfin deepwater port is increased from a base design capacity of two million metric tons per annum E:\FR\FM\24DEN1.SGM 24DEN1

Agencies

[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80454-80455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32348]



[[Page 80454]]

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number USCG-2013-0363]


Deepwater Port License Application: Liberty Natural Gas LLC, Port 
Ambrose Deepwater Port; Withdrawal of Application and Termination of 
Federal Application Review Process

AGENCY: Maritime Administration, U.S. Department of Transportation.

ACTION: Notice of termination of Federal review.

-----------------------------------------------------------------------

SUMMARY: The Maritime Administration (MARAD) announces the termination 
of the Liberty Natural Gas LLC (Liberty) Port Ambrose Deepwater Port 
License Application and all related Federal processing activities 
required by applicable provisions of the Deepwater Port Act of 1974, as 
amended (Act).
    On September 28, 2015, Liberty submitted to MARAD and the U.S. 
Coast Guard (USCG) an application under the Act for a license and all 
Federal authorizations required to own, construct, and operate a 
deepwater port for the importation of liquefied natural gas (LNG) into 
the United States. The deepwater port, known as Port Ambrose, was 
proposed to be located in the offshore waters of New York and New 
Jersey, in the New York Bight. On June 14, 2013, MARAD and USCG deemed 
the application complete, designated New York and New Jersey as 
adjacent coastal states (ACS) and commenced the Federal application 
review process required under the Act. This process also included a 
comprehensive environmental assessment, public meetings and 
coordination of the application review process with relevant Federal 
and State agencies.
    Upon completion of the environmental review process required by the 
National Environmental Policy Act (NEPA) and the final public licensing 
hearings, Governor Andrew M. Cuomo of the State of New York, notified 
the Maritime Administration, by letter dated November 12, 2015, of his 
disapproval of the Liberty Port Ambrose deepwater port project. 
Governor Cuomo's disapproval was issued in accordance with the 
provisions outlined in 33 U.S.C. Section 1508(c)(8) which state, the 
Secretary (or Maritime Administrator by delegated authority) may issue 
a deepwater port license only if the Governor of the ACS approves or is 
presumed to approve, issuance of the license. In light of Governor 
Cuomo's disapproval of the application, Liberty notified MARAD, by 
letter dated November 18, 2015, of its withdrawal of the Port Ambrose 
license application from the Federal review process. As a consequence 
of Liberty's withdrawal of its application, the Federal application 
review process and all related Federal processing activities were 
terminated on November 18, 2015. This Federal Register Notice shall 
serve as official announcement to the public that the Federal review 
and processing of the Liberty Port Ambrose deepwater port license 
application is terminated.

FOR FURTHER INFORMATION CONTACT: Ms. Yvette M. Fields, Director, Office 
of Deepwater Ports and Offshore Activities, Maritime Administration, 
telephone 202-366-0926, email: Yvette.Fields@dot.gov.

SUPPLEMENTARY INFORMATION: On September 28, 2012, Liberty submitted to 
MARAD and USCG an application for a license and all Federal 
authorizations required to own, construct, and operate a natural gas 
import deepwater port known as Port Ambrose. Specifically, the Port 
Ambrose license application proposed construction and operation of an 
offshore natural gas deepwater port facility that would have been 
located 16.1 nautical miles southeast of Jones Beach, New York, 24.9 
nautical miles east of Long Branch, New Jersey, and 27.1 nautical miles 
from the entrance to New York Harbor in a water depth of approximately 
103 feet.
    As required under the Act, MARAD and USCG, acting as co-lead 
agencies, commenced a formal review of the Port Ambrose deepwater port 
license application. The review included an application completeness 
determination, development of a comprehensive Environmental Impact 
Statement (EIS) as required by NEPA, in-depth review of the financial 
capacity of the applicant to construct, operate and decommission the 
proposed deepwater port and assessment of the applicant's ability to 
meet all other license criteria of the Act. The initial Port Ambrose 
deepwater port Notice of Application (NOA) was published in the Federal 
Register on June 14, 2013 (78 FR 36014). The NOA announced completeness 
of MARAD's and USCG's initial review of the application and 
commencement of the formal application review process. Thereafter, the 
required Notice of Intent to prepare an EIS and conduct public scoping 
meetings was published in the Federal Register on June 24, 2013 (78 FR 
37878). The required public scoping meetings were held in Long Beach, 
New York on July 9, 2013, and in Edison, New Jersey on July 10, 2013. 
Additionally, an NOA of the Draft EIS (DEIS) was published in the 
Federal Register on December 16, 2014 (79 FR 74808), and subsequent 
public meetings seeking public comments on the DEIS were held in 
Jamaica, New York on January 7, 2015, and in Eatontown, New Jersey on 
January 8, 2015. On October 16, 2015, an NOA of the Final EIS and 
Notice of Final Public Licensing Hearings was published in the Federal 
Register (80 FR 62596). The final hearings were held on November 2, 
2015 and November 3, 2015 in Long Beach, New York, and on November 4, 
2015 and November 5, 2015 in Eatontown, New Jersey.
    Upon conclusion of the final public licensing hearings and 
completion of consistency reviews by the relevant state agencies, New 
York Governor Andrew M. Cuomo, by letter dated November 12, 2015, 
advised MARAD of his disapproval of Liberty's Port Ambrose deepwater 
port license application. Governor Cuomo disapproved the application in 
accordance with his authority as an ACS Governor, as provided under 
Section 1508(b)(1) of the Act. Governor Cuomo's disapproval was based 
on concerns related to his assessment of the proposed project's 
inherent security risks, impacts of extreme weather events, disruption 
of commercial navigation and fishing activities, and the potential 
interference with currently pending renewable energy projects proposed 
for the State of New York.
    On November 18, 2015, in light of Governor Cuomo's disapproval of 
the Port Ambrose license application, Liberty notified MARAD of its 
withdrawal of the application from the Federal review process. As a 
consequence of the withdrawal of the application, the Federal review 
process was terminated on November 18, 2015. This public notice serves 
as an official announcement of the termination of the Liberty Natural 
Gas Port Ambrose deepwater port license application and all other 
related Federal processing activities.
    Further, as a result of the termination of the application and 
related processing activities, no Record of Decision (ROD) will be 
issued by MARAD for the Liberty Port Ambrose license application. It 
should be noted, however, that all project related information compiled 
and assessed during the application review will be incorporated into 
the final administrative record for the Liberty Port Ambrose deepwater 
license application.
    Additional information regarding the Liberty Port Ambrose deepwater 
port license application, comments, supporting information and other

[[Page 80455]]

associated documentation are available for viewing at the Federal 
Docket Management System (FDMS) Web site: http://www.regulations.gov 
under docket number USCG-2013-0363.

    (Authority: 49 CFR 1.93)
* * *

    Dated: December 18, 2015.

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2015-32348 Filed 12-23-15; 8:45 am]
 BILLING CODE 4910-81-P