Notice2022-08757
Deepwater Port License Application: New Fortress Energy Louisiana FLNG LLC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 25, 2022
Issuing agencies
Transportation DepartmentMaritime Administration
Abstract
The Maritime Administration (MARAD) and the U.S. Coast Guard (USCG) announce they have received an application from New Fortress Energy Louisiana FLNG LLC (Applicant) for the licensing of a deepwater port and that the application for the New Fortress Energy Louisiana FLNG deepwater port contains information sufficient to commence processing. This notice summarizes the Applicant's plans and the procedures that will be considered during the application review process.
Full Text
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<title>Federal Register, Volume 87 Issue 79 (Monday, April 25, 2022)</title>
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[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Notices]
[Pages 24388-24390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08757]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD-2022-0076]
Deepwater Port License Application: New Fortress Energy Louisiana
FLNG LLC
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Notice of application.
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[[Page 24389]]
SUMMARY: The Maritime Administration (MARAD) and the U.S. Coast Guard
(USCG) announce they have received an application from New Fortress
Energy Louisiana FLNG LLC (Applicant) for the licensing of a deepwater
port and that the application for the New Fortress Energy Louisiana
FLNG deepwater port contains information sufficient to commence
processing. This notice summarizes the Applicant's plans and the
procedures that will be considered during the application review
process.
DATES: The Deepwater Port Act of 1974, as amended, (the Act) requires
at least one public hearing on this application to be held in the
designated Adjacent Coastal State(s) (ACS) not later than 240 days
after publication of this notice and a decision on the application not
later than 90 days after the final public hearing(s).
ADDRESSES: The public docket for the New Fortress Energy Louisiana FLNG
deepwater port license application is maintained by the U.S. Department
of Transportation, Docket Management Facility, West Building, Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
The license application is available for viewing at the
<a href="http://Regulations.gov">Regulations.gov</a> website: <a href="https://www.regulations.gov">https://www.regulations.gov</a> under docket
number MARAD-2022-0076.
We encourage you to submit comments electronically through the
Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Alternatively, comments may be mailed to the public docket at the
address listed above or faxed to 202-493-2251. Comments that are sent
to the docket should include the docket number, which is MARAD-2022-
0076.
If you submit your comments electronically, it is not necessary to
also submit a hard copy. Additionally, if you go to the online docket
and sign up for email alerts, you will be notified when comments are
posted. Anonymous comments will be accepted. All comments received will
be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and will
include any personal information you have provided. The Federal Docket
Management Facility's telephone number is 202-366-9317 or 202-366-9826,
the fax number is 202-493-2251.
If you cannot submit material using <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
please contact either Mr. Brian Barton, MARAD, or Ms. Galia Kaplan, as
listed in the following FOR FURTHER INFORMATION CONTACT section of this
document.
FOR FURTHER INFORMATION CONTACT: Mr. Brian Barton, Maritime
Administration, telephone 202-366-0302, email: <a href="/cdn-cgi/l/email-protection#692b1b000807472b081b1d0607290d061d470e061f"><span class="__cf_email__" data-cfemail="d290a0bbb3bcfc90b3a0a6bdbc92b6bda6fcb5bda4">[email protected]</span></a>, or
Ms. Galia Kaplan, U.S. Coast Guard, telephone: 202-372-1567, email:
<a href="/cdn-cgi/l/email-protection#a6e1c7cacfc788edc7d6cac7c8e6d3d5c5c188cbcfca"><span class="__cf_email__" data-cfemail="9bdcfaf7f2fab5d0faebf7faf5dbeee8f8fcb5f6f2f7">[email protected]</span></a>. For questions regarding viewing the Docket, call
Docket Operations, telephone: 202-366-9826.
SUPPLEMENTARY INFORMATION:
Receipt of Application
On March 31, 2022, MARAD and USCG received an application from the
Applicant for all Federal authorizations required for a license to own,
construct, and operate a deepwater port for the export of liquified
natural gas (LNG) as authorized by the Act, and implemented under 33
Code of Federal Regulations (CFR) Parts 148, 149, and 150. After a
coordinated completeness review by MARAD, USCG, and other cooperating
Federal agencies, the application is deemed complete and contains
information sufficient to initiate processing.
Background
The Act defines a deepwater port as any fixed or floating manmade
structure other than a vessel, or any group of such structures, that
are located beyond State seaward boundaries and used or intended for
use as a port or terminal for the transportation, storage, and further
handling of oil or natural gas for transportation to, or from, any
State. A deepwater port includes all components and equipment,
including pipelines, pumping or compressor stations, service platforms,
buoys, mooring lines, and similar facilities that are proposed as part
of a deepwater port to the extent they are located seaward of the high-
water mark.
The Secretary of Transportation delegated to the Maritime
Administrator authorities related to licensing deepwater ports (49 CFR
1.93(h)). Statutory and regulatory requirements for processing
applications and licensing appear in 33 U.S.C. 1501 et seq. and 33 CFR
part 148. Under delegations from and agreements between the Secretary
of Transportation and the Secretary of Homeland Security, applications
are jointly processed by MARAD and USCG. Each application is considered
on its merits.
In accordance with 33 U.S.C. 1504(f) for all applications, MARAD
and the USCG, working in cooperation with other involved Federal
agencies and departments, shall comply with the requirements of the
National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et
seq.). The U.S. Environmental Protection Agency (EPA), the U.S. Army
Corps of Engineers (USACE), the National Oceanic and Atmospheric
Administration (NOAA), the Bureau of Ocean Energy Management (BOEM),
the Bureau of Safety and Environmental Enforcement (BSEE), and the
Pipeline and Hazardous Materials Safety Administration (PHMSA), among
others, participate in the processing of deepwater port applications
and assist in the NEPA process as described in 40 CFR 1501.6. Each
agency may participate in scoping and/or other public meeting(s) and
may incorporate the MARAD/USCG environmental impact review for purposes
of their jurisdictional permitting processes, to the extent applicable.
Comments related to this deepwater port application addressed to the
EPA, USACE, or other federal agencies should note the federal docket
number, MARAD-2022-0076. Each comment will be incorporated into the
Department of Transportation (DOT) docket and considered as the
environmental impact analysis is developed to ensure consistency with
the NEPA process. All connected actions, permits, approvals, and
authorizations will be considered during the processing of the New
Fortress Energy Louisiana FLNG deepwater port license application.
MARAD, in issuing this Notice of Application pursuant to 33 U.S.C.
1504(c), must designate as an ACS any coastal state which (A) would be
directly connected by pipeline to a deepwater port as proposed in an
application, or (B) would be located within 15 nautical miles of any
such proposed deepwater port (see 33 U.S.C. 1508(a)(1)). Pursuant to
the criteria provided in the Act, Louisiana is the designated ACS for
this application. Other states may request from the Maritime
Administrator designation as an ACS in accordance with 33 U.S.C.
1508(a)(2).
The Act directs that at least one public hearing take place in each
ACS, in this case, Louisiana. Additional public meetings may be
conducted to solicit comments for the environmental analysis to include
public scoping meetings, or meetings to discuss the Draft and Final
Environmental Impact Statement documents prepared in accordance with
NEPA.
MARAD, in coordination with the USCG, will publish additional
Federal Register notices with information regarding these public
meeting(s) and hearing(s) and other procedural milestones, including
the NEPA environmental impact review. The Maritime Administrator's
decision, and other key documents, will be filed in the
[[Page 24390]]
public docket for the application at docket number MARAD-2022-0076.
The Act imposes a strict timeline for processing an application.
When MARAD and USCG determine that an application is complete (i.e.,
contains information sufficient to commence processing), the Act
directs that all public hearings on the application be concluded within
240 days from the date the Notice of Application is published.
Within 45 days after the final hearing, the Governor of the ACS, in
this case, the Governor of Louisiana, may notify MARAD of their
approval, approval with conditions, or disapproval of the application.
If such approval, approval with conditions, or disapproval is not
provided to the Maritime Administrator by that time, approval shall be
conclusively presumed. MARAD may not issue a license without the
explicit or presumptive approval of the Governor of the ACS. During
this 45-day period, the Governor may also notify MARAD of
inconsistencies between the application and State programs relating to
environmental protection, land and water use, and coastal zone
management. In this case, MARAD may condition the license to make it
consistent with such state programs (33 U.S.C. 1508(b)(1)). MARAD will
not consider written approvals or disapprovals of the application from
the Governor of the ACS until commencement of the 45-day period after
the final public hearing for the Final Environmental Impact Statement
is completed. The Maritime Administrator must render a decision on the
application within 90 days after the final hearing.
Should a favorable record of decision be rendered and a license be
issued, MARAD may include specific conditions related to design,
construction, operations, environmental permitting, monitoring and
mitigations, and financial responsibilities. If a license is issued,
USCG, in coordination with other agencies as appropriate, would review
and approve the deepwater port's engineering, design, and construction;
operations/security procedures; waterways management and regulated
navigation areas; maritime safety and security requirements; risk
assessment; and compliance with domestic and international laws and
regulations for vessels that may call on the port. The deepwater port
would be designed, constructed, and operated in accordance with
applicable codes and standards.
In addition, the installation of pipelines and other structures may
require permits under Section 404 of the Clean Water Act and Section 10
of the Rivers and Harbors Act, which are administered by the USACE.
Permits from the EPA may also be required pursuant to the
provisions of the Clean Air Act, as amended, and the Clean Water Act,
as amended.
Summary of the Application
The application proposes the ownership, construction, operation,
and eventual decommissioning of the New Fortress Energy (``NFE'')
Louisiana FLNG deepwater port (``DWP'') terminal approximately 16
nautical miles off the southeast coast of Grand Isle, Louisiana. The
project is to source domestic natural gas from multiple supply hubs in
the Southeast Louisiana local market, liquify, and export as liquefied
natural gas (LNG) up to 2.8 million metric tonnes per annum (MTPA),
from a deepwater port located in federal waters off Louisiana.
The project will involve the installation of two nominal 1.4 MTPA
liquefaction systems (FLNG1 and FLNG2) installed in the West Delta
Outer Continental Shelf Lease Block 38 (``WD-38'') in approximately 30
meters (98 feet) of water. Each system will contain three platforms
consisting of natural gas processing, natural gas liquefaction, and
utilities and accommodations. FLNG1 will incorporate self-elevating
platforms (aka jack-up platforms or rigs), and FLNG2, which will be
located adjacent to FLNG1, will utilize fixed platform structures. An
additional self-elevating platform will house feed gas compressors.
Other than temporary construction staging areas, there are no onshore
facilities associated with the Project. Staging for construction, if
needed, will utilize existing staging, laydown and warehouse space near
Port Fourchon, Port Sulphur, or Venice.
The feed gas supply to the project will be transported to the WD-38
site via the existing Kinetica Energy Express, LLC (``Kinetica'')
offshore natural gas pipeline system and two newly constructed, 24-inch
pipeline laterals connecting the Kinetica pipeline system to the
Project. The Kinetica pipeline has been in continuous natural gas
service since it was placed in service. The pipeline pressure is
currently operating at 750 pounds per square inch (``psi'') with an
onshore Maximum Allowable Operating Pressure (``MAOP'') of 1,000 psi
and an offshore MAOP of 1,250 psi.
Both FLNG1 and FLNG2 will be connected to a single Floating LNG
Storage Unit (``FSU'') via a flexible, partially submerged, 220-meter
cryogenic hose transfer system. The FSU will be positioned
approximately 107 meters (350 feet) from the FLNGs. To export the LNG,
the FSU will receive one (1) commercially traded LNG carrier (LNGC) at
a time, which will have a nominal cargo capacity of approximately
125,000 m3 to 160,000 m3. The LNGCs will berth along the starboard side
of the FSU and receive the LNG cargo through a ship-to-ship transfer
cargo transfer system. The LNGC will approach the DWP and depart from
the DWP using an extension to the established safety fairway, which
serves maritime traffic calling at the Louisiana Offshore Oil Port.
Approximately 40 LNGCs will call on the Project per year.
For more information please contact either Mr. Brian Barton, MARAD,
or Ms. Galia Kaplan, as listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
Privacy Act
The electronic form of all comments received into the Federal
Docket Management System can be searched by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). The DOT Privacy Act
Statement can be viewed in the Federal Register published on April 11,
2000 (Volume 65, Number 70, pages 19477-78) or by visiting
<a href="http://www.regulations.gov">www.regulations.gov</a>.
(Authority: 33 U.S.C. 1501, et seq.; 49 CFR 1.93(h))
By Order of the Acting Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2022-08757 Filed 4-22-22; 8:45 am]
BILLING CODE 4910-81-P
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