80 FR 26321 - Deepwater Port License Application Process for Offshore Export Facilities
DEPARTMENT OF TRANSPORTATION
Maritime Administration Federal Register Volume 80, Issue 88 (May 7, 2015)
Maritime Administration
Federal Register Volume 80, Issue 88 (May 7, 2015)
| Page Range | 26321-26324 | |
| FR Document | 2015-10619 |
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)] [Notices] [Pages 26321-26324] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10619] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number MARAD-2014-0132] Deepwater Port License Application Process for Offshore Export Facilities AGENCY: Maritime Administration, Department of Transportation. ACTION: Final policy. ----------------------------------------------------------------------- SUMMARY: This notice serves to inform interested parties and the public of the Maritime Administration's (MARAD) final policy to accept, evaluate and process license applications for the construction and operation of offshore deepwater port facilities for the export of oil and natural gas from the United States to foreign markets abroad and to use the existing Deepwater Port regulations for such purposes. On October 16, 2014, MARAD published a notice in the Federal Register seeking public comment on a draft policy under which such export applications would be accepted and processed. In response, the agency received 337 comments to which it provides its responses below. DATES: This policy is effective May 7, 2015. ADDRESSES: The complete file for this policy is available for inspection with the Docket Clerk, Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. You may also view the comments submitted to the docket via the Federal eRulemaking Portal at http://www.regulations.gov by following search instructions using DOT Docket Number MARAD-2014-0132. FOR FURTHER INFORMATION CONTACT: You may contact Yvette M. Fields, Director, Office of Deepwater Ports and Offshore Activities, Maritime Administration, at (202) 366-0926. You may send mail to [[Page 26322]] Ms. Fields at Maritime Administration, 1200 New Jersey Avenue SE., MAR 530, W21-309, Washington, DC 20590-0001. You may send electronic mail to Yvette.Fields@dot.gov. If you have questions on viewing the Docket, call Docket Operations, telephone: (202) 366-9826. SUPPLEMENTARY INFORMATION: Pursuant to this notice, MARAD announces its final policy to accept and process applications for licenses for the ownership, construction and operation of deepwater port oil and natural gas export facilities. MARAD previously published a Notice of Proposed Policy (79 FR 62242, Oct. 16, 2014). Comments on the Proposed Policy In response to the Federal Register notice seeking public comment on its proposed policy for deepwater ports license application process for offshore export facilities, MARAD received a total of 337 comment submissions from the following entities: 328 individual comments from private citizens expressing support for the proposed application process; a letter of support from Senator Lisa Murkowski of Alaska; a letter of support from Delfin LNG, LLC, a private energy company; a letter from the New York Department of State (NYDOS) Office of Planning and Development, Deputy Secretary of State generally supportive of the proposed policy, but requesting additional considerations; a letter containing five comments from Clean Ocean Action (COA), an environmental interest group; one comment from a private citizen, who stated that MARAD should link the approval of deepwater port export projects to the use of U.S. flag vessels and U.S. crews; and four comments erroneously submitted to the docket by private individuals expressing opposition to a specific deepwater port application, which is not the subject of this notice or the proposed application process. As the bulk of the comments were in favor of the proposed policy without qualification, the agency has elected to respond below to specific comments provided by NYDOS, COA and the private citizen that expressed support of the use of U.S. flag vessels and U.S. crews in conjunction with deepwater port exports. In its letter, NYDOS provided four substantive comments on the proposed policy. NYDOS' first comment requested that MARAD include the approval from the Governor(s) of adjacent coastal State(s) as a fourth licensing requirement for the conversion of licensed import facilities to export facilities. Receiving approval or presumptive approval of the Governor of the adjacent coastal State(s) is a mandatory requirement of the Deepwater Port Act, as amended, (DWPA) (33 U.S.C. 1503(c)(8)), and as such will continue to be a condition for issuance of a deepwater port export facility license. NYDOS' second comment requested that MARAD's proposed policy language require compliance with the nine factors specified in 33 U.S.C. 1503(c), not simply ``consideration'' of those factors as currently stated in the policy. MARAD has clarified the final policy to make it clear that an applicant must meet all nine conditions set forth in 33 U.S.C. 1503(c) before the Maritime Administrator may issue a license for an export facility. The Maritime Administrator's Deepwater Port Licensing record of decision (ROD) will address whether the (import or export) deepwater port license application satisfies each of the nine criteria and the requirements of the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4347, and other applicable requirements. The ROD will serve as the decision document (and, if appropriate, may contain a Finding of No Significant Impact) for purposes of complying with NEPA. NYDOS' third comment requested that, at a minimum, NEPA analysis for an export facility should address: The offshore port; the processing and liquefaction/regasification facilities; new pipelines; and other infrastructure necessary to support the production and conveyance of oil and/or natural gas to and from the export facility. The NEPA process requires a thorough analysis of the direct, indirect and cumulative environmental impacts of the proposed action. This analysis includes all aspects of the siting, construction, operation and decommissioning of the deepwater port. The commenter's concern regarding the components and operational aspects of the deepwater port are currently and will continue to be addressed in the statutorily- required NEPA analysis, which is performed as part of all deepwater port license applications. The specific components of a deepwater port terminal, including those the commenter listed, are and will continue to be included in the preparation of the NEPA document. Finally, NYDOS requested that to ensure the NEPA review process adequately identifies and analyzes all potential impacts, MARAD's final policy clearly describe the relevant shore-based and offshore infrastructure that will be considered within the scope of an export facility. The U.S. Coast Guard (Coast Guard) and MARAD's environmental review of the proposed action includes all direct, indirect and cumulative impacts. This review must cover all offshore and onshore components and support activities associated with the deepwater port. However, it is important to note that every deepwater port application is considered on a case- by-case basis. While the DWPA provides a comprehensive definition of what constitutes a deepwater port, it would be inappropriate to try and set forth a specific list of shore-based and offshore components that should be considered as part of an application and made part of the NEPA analysis. COA provided five comments on the proposed policy. COA's first comment stated that it is critical that MARAD's proposed policy have broad application and require a full review process that, among other requirements, engages the public in a meaningful way. In compliance with the DWPA, NEPA and other applicable laws and regulations, MARAD will ensure that a full and comprehensive public engagement and application review process is applied to the processing of all deepwater port license applications for both imports and exports. COA's second comment stated that it agrees with MARAD's proposal to encompass both established and proposed facilities in any export licensing policy it might adopt. The comment goes on to state that COA finds the proposed policy is sufficiently broad in this regard. In addition, COA discussed the scope of review contained in MARAD's proposed policy and expressed support for the concept of treating all requests for export authorization as new license applications and indicated support for the scope of review to occur under the proposed policy. MARAD will treat any proposal for deepwater port exports as a new license application, and MARAD will apply a full and comprehensive application review and public engagement process to the processing of export applications. COA's fourth comment requested that in instances where MARAD prepares an Environmental Assessment and intends to issue a Finding of No Significant Impact, it should provide a public review and comment period of not less than 90 days. According to COA, such a requirement would help maintain the integrity of the export application review process, ensure public involvement therein, and further enhance MARAD's environmental review. As part of the existing application review process, MARAD ensures that an [[Page 26323]] adequate and comprehensive environmental review is applied to the evaluation of all deepwater port license applications. MARAD will continue its comprehensive environmental review process and provide for the public review and comment periods required by current regulations for all applications. The final comment provided by COA relates to the environmental review of indirect and cumulative impacts. COA stated that there are a number of indirect and cumulative impacts that MARAD should consider with respect to any export license application. They include the impacts of a facility (operating with the functionality the proponent seeks) upon (1) the natural aquatic environment, including from increased vessel traffic and shipping lane congestion, (2) air quality, both on and offshore, (3) the environment onshore and proximate to the distribution infrastructure, (4) the environment in and around the extraction areas, and (5) the upstream (e.g., increased shale production and fracking activities), downstream (e.g., carbon emissions), and climate change impacts. Further, COA states that MARAD should consider the proposed activity's impacts in conjunction with impacts from other reasonably foreseeable projects, such as wind farms and other pipelines within the designated application area. As noted above, the Coast Guard and MARAD's environmental review of the proposed action includes all direct, indirect and cumulative impacts. This review must cover all offshore and onshore components and support activities associated with the deepwater port. It is important to note, however, that every deepwater port application is considered on a case- by-case basis. While the DWPA provides a comprehensive definition of what constitutes a deepwater port, it would be inappropriate to try and set forth a specific list of shore-based and offshore components that may be considered as part of an application and made part of the NEPA analysis. The final commenter, a private citizen, supported the proposed policy and requested that MARAD follow the precedent established by former MARAD Administrator Sean Connaughton and link application approval to the use of U.S. vessels and U.S. crews to export liquefied natural gas (LNG). Under this policy, MARAD will continue its efforts to support the use of U.S. flag vessels and U.S. crews in the operation of all deepwater port licensed facilities. Final Policy On December 20, 2012, the Coast Guard and Maritime Transportation Act of 2012 (Pub. L. 112-213, Sec. 312 (Dec. 20, 2012)) (CG&MT Act) amended Section 3(9)(A) (33 U.S.C. 1502(9)(A)) of the Deepwater Port Act (DWPA) and brought offshore export facilities within the DWPA's definition of a deepwater port. Previously, the definition of a deepwater port was limited to facilities transporting oil or natural gas to any State. The Secretary of Transportation must license the ownership, construction and operation of a deepwater port, now including export facilities, pursuant to 33 U.S.C. 1503(a) and (b). This amendment will be implemented in accordance with existing statutory and regulatory requirements applicable to the DWPA. The CG&MT Act provided no other amendments to the DWPA. Pursuant to 33 U.S.C. 1501-1524,\1\ the Maritime Administration (MARAD) and U.S. Coast Guard (Coast Guard) jointly process deepwater port license applications under delegations from the Secretary of Transportation (49 CFR 1.93(h)) and the Secretary of Homeland Security (Department of Homeland Security Delegation 0170.1(75)), respectively. In general, the Coast Guard and MARAD are co-lead agencies for compliance with NEPA, 42 U.S.C. 4321 through 4347. The Coast Guard also is responsible for matters related to navigation safety, engineering and safety standards, and facility operations and inspections. MARAD is responsible for determining citizenship and financial capability of the potential licensees, preparing the Record of Decision (ROD), and issuing or denying the license. The Coast Guard and MARAD share various other responsibilities under the DWPA, including the duty to consult with other Federal or State agencies. Such agencies include the U.S. Department of Energy (DOE), which is responsible for authorizing the transaction of importing or exporting liquefied natural gas (LNG) to or from the United States; the Federal Energy Regulatory Commission (FERC), responsible for authorizing onshore LNG import or export facilities, including the construction and operation of onshore natural gas pipelines that interconnect with deepwater ports; and the Pipeline and Hazardous Materials Safety Administration (PHMSA), which is responsible for ensuring the safe construction, operation and maintenance of natural gas pipelines located on Federal lands, including offshore deepwater port pipelines. --------------------------------------------------------------------------- \1\ When the Coast Guard moved from the Department of Transportation to the Department of Homeland Security, its responsibilities for deepwater ports transferred with it. See 6 U.S.C. 468(b). --------------------------------------------------------------------------- Additionally, the Coast Guard has previously developed comprehensive regulatory requirements for deepwater port license applications. Regulations detailing the requirements of the deepwater port license application process; design, construction, and equipment; and port operations can be found in 33 CFR parts 148, 149 and 150. Additionally, it is noted that on April 9, 2015, the Coast Guard published in the Federal Register a Notice of Proposed Rulemaking (80 FR 19118) updating 33 CFR parts 148, 149 and 150. These regulations pertain to the application review process, planning, environmental review, design, construction and operation of deepwater port facilities without specific regard to whether the facility imports or exports oil and/or natural gas products. With the addition of oil and natural gas exportation under the amendment to the DWPA, MARAD does not foresee any reason to alter the deepwater port licensing application process. Accordingly, MARAD, with the concurrence of the Coast Guard, intends to use the existing Deepwater Port regulations for the review, evaluation and processing of any deepwater port license application involving the export of oil or natural gas from domestic sources within the United States as provided for in 33 CFR parts 148, 149 and 150. A deepwater port license issued by MARAD does, not, by itself, convey an authorization to export crude oil or natural gas. Pursuant to 15 CFR 754.2, a license granted by the U.S. Department of Commerce (DOC) would generally be required for exports of crude oil. Exports of natural gas, including LNG, will generally require authorization from DOE pursuant to Section 3 of the Natural Gas Act of 1938. Exports of refined petroleum products do not generally require an export license. MARAD licenses the deepwater port facility, while DOC and DOE approve the transactions that utilize the facility. Any deepwater port applicant who proposes to export oil or natural gas from domestic sources within the United States must submit an export-specific comprehensive license application conforming to all established and applicable deepwater port licensing requirements and regulations. Note that 33 CFR 148.5 defines ``oil'' as ``petroleum, crude oil and any substance refined from petroleum or crude oil.'' Thus, this [[Page 26324]] requirement would also cover a deepwater port intended for the export of refined products. The considerable technical, operational and environmental differences between import and export operations for oil or natural gas projects are such that any licensed deepwater port facility operator or any proponent of a deepwater port that has an application in process who proposes to convert from import to export operations must submit a new license application (including application fee) and conform to all licensing requirements and regulations in effect at such time of application. For licensed deepwater ports, an application to convert from import operations to export operations requires, at a minimum: (1) Approval from DOE or other approval authority to export oil or natural gas to free trade and/or non-free trade agreement countries; (2) a new or supplemental environmental impact statement or environmental assessment pursuant to NEPA that assesses the environmental impacts of the proposed change in operations; and (3) a revised operations manual that fully describes the proposed change in port operations. Only after all required application processes are completed, and MARAD issues a ROD or Finding Of No Significant Impact (FONSI) that explicitly addresses the nine mandatory criteria specified in the DWPA (33 U.S.C. 1503(c)), may the Maritime Administrator approve, approve with conditions, or disapprove an application to export oil or natural gas through a deepwater port. For deepwater ports that already have a license to import oil or natural gas, if the Maritime Administrator approves an application to convert to export operations, the licensee must surrender the existing license, and the Maritime Administrator will issue a new license, as outlined above, with conditions appropriate to all intended activities, including, if applicable, authority to engage in bidirectional oil or natural gas import and export operations. For applications to site, construct and operate a new deepwater port, the Maritime Administrator will issue a new license with conditions appropriate to the applied-for activity. Policy Analysis and Notices MARAD is publishing this policy in the Federal Register to indicate how it plans to exercise the discretionary authority provided by the DWPA, as amended by the CG&MT Act. This policy establishes an administrative process for the review of deepwater port applications that propose to export oil or natural gas. It is consistent with the existing process previously established for the review of import applications. This policy acknowledges that these existing statutory and regulatory procedures are sufficient and appropriate for the processing of export applications. Authority: The Coast Guard and Maritime Transportation Act of 2012; The Deepwater Port Act of 1974, as amended, 33 U.S.C. 1501- 1524; 49 CFR 1.93. Dated: May 1, 2015. By Order of the Maritime Administrator. Thomas M. Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2015-10619 Filed 5-6-15; 8:45 am] BILLING CODE 4910-81-P
![Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices 26321
copy of the certification on his/her Submitting Comments the document listed to review. If you do
person while driving for presentation to If you submit a comment, please not have access to the Internet, you may
a duly authorized Federal, State, or local include the docket number for this view the docket online by visiting the
enforcement official. Each exemption notice (FMCSA–2000–8398; FMCSA– Docket Management Facility in Room
will be valid for two years unless 2002–12294; FMCSA–2004–17984; W12–140 on the ground floor of the
rescinded earlier by FMCSA. The FMCSA–2005–20027; FMCSA–2005– DOT West Building, 1200 New Jersey
exemption will be rescinded if: (1) the 20560; FMCSA–2006–24783; FMCSA– Avenue SE., Washington, DC 20590,
person fails to comply with the terms 2007–27333; FMCSA–2007–27897; between 9 a.m. and 5 p.m., e.t., Monday
and conditions of the exemption; (2) the FMCSA–2009–0054; FMCSA–2011– through Friday, except Federal holidays.
exemption has resulted in a lower level 0010; FMCSA–2011–0057), indicate the Issued on: April 30, 2015.
of safety than was maintained before it specific section of this document to Larry W. Minor,
was granted; or (3) continuation of the which each comment applies, and Associate Administrator for Policy.
exemption would not be consistent with provide a reason for each suggestion or [FR Doc. 2015–10965 Filed 5–6–15; 8:45 am]
the goals and objectives of 49 U.S.C. recommendation. You may submit your BILLING CODE 4910–EX–P
31136(e) and 31315. comments and material online or by fax,
III. Basis for Renewing Exemptions mail, or hand delivery, but please use
only one of these means. FMCSA DEPARTMENT OF TRANSPORTATION
Under 49 U.S.C. 31315(b)(1), an recommends that you include your
exemption may be granted for no longer name and a mailing address, an email Maritime Administration
than two years from its approval date address, or a phone number in the body [Docket Number MARAD–2014–0132]
and may be renewed upon application of your document so the Agency can
for additional two year periods. In contact you if it has questions regarding Deepwater Port License Application
accordance with 49 U.S.C. 31136(e) and your submission. Process for Offshore Export Facilities
31315, each of the 17 applicants has To submit your comment online, got
to http://www.regulations.gov and put AGENCY: Maritime Administration,
satisfied the entry conditions for Department of Transportation.
obtaining an exemption from the vision the docket number, ‘‘FMCSA–2000–
8398; FMCSA–2002–12294; FMCSA– ACTION: Final policy.
requirements (65 FR 78256; 66 FR
16311; 67 FR 46016; 67 FR 57267; 68 FR 2004–17984; FMCSA–2005–20027; SUMMARY: This notice serves to inform
13360; 69 FR 33997; 69 FR 61292; 69 FR FMCSA–2005–20560; FMCSA–2006– interested parties and the public of the
62741; 70 FR 2701; 70 FR 12265; 70 FR 24783; FMCSA–2007–27333; FMCSA– Maritime Administration’s (MARAD)
16887; 70 FR 17504; 70 FR 30997; 71 FR 2007–27897; FMCSA–2009–0054; final policy to accept, evaluate and
32183; 71 FR 41310; 71 FR 62147; 72 FR FMCSA–2011–0010; FMCSA–2011– process license applications for the
12665; 72 FR 12666; 72 FR 25831; 72 FR 0057’’ in the ‘‘Keyword’’ box, and click construction and operation of offshore
27624; 72 FR 39879; 72 FR 52419; 73 FR ‘‘Search.’’ When the new screen deepwater port facilities for the export
61925; 74 FR 9329; 74 FR 11988; 74 FR appears, click on ‘‘Comment Now!’’ of oil and natural gas from the United
15586; 74 FR 19270; 74 FR 21427; 75 FR button and type your comment into the States to foreign markets abroad and to
66423; 76 FR 9856; 76 FR 17483; 76 FR text box in the following screen. Choose use the existing Deepwater Port
18824; 76 FR 20076; 76 FR 25762; 76 FR whether you are submitting your regulations for such purposes. On
29024; 78 FR 14410; 78 FR 16762; 78 FR comment as an individual or on behalf October 16, 2014, MARAD published a
24300; 79 FR 24298). Each of these 17 of a third party and then submit. If you notice in the Federal Register seeking
applicants has requested renewal of the submit your comments by mail or hand public comment on a draft policy under
exemption and has submitted evidence delivery, submit them in an unbound which such export applications would
showing that the vision in the better eye format, no larger than 81⁄2 by 11 inches, be accepted and processed. In response,
continues to meet the requirement suitable for copying and electronic the agency received 337 comments to
specified at 49 CFR 391.41(b)(10) and filing. If you submit comments by mail which it provides its responses below.
that the vision impairment is stable. In and would like to know that they DATES: This policy is effective May 7,
addition, a review of each record of reached the facility, please enclose a 2015.
safety while driving with the respective stamped, self-addressed postcard or
envelope. FMCSA will consider all ADDRESSES: The complete file for this
vision deficiencies over the past two policy is available for inspection with
years indicates each applicant continues comments and material received during
the comment period and may change the Docket Clerk, Docket Management
to meet the vision exemption Facility, U.S. Department of
requirements. These factors provide an this notice based on your comments.
Transportation, 1200 New Jersey
adequate basis for predicting each Viewing Comments and Documents Avenue SE., West Building, Room W12–
driver’s ability to continue to drive To view comments, as well as any 140, Washington, DC 20590, between 9
safely in interstate commerce. documents mentioned in this preamble a.m. and 5 p.m., Monday through
Therefore, FMCSA concludes that as being available in the docket, go to Friday, except on Federal holidays. You
extending the exemption for each http://www.regulations.gov and in the may also view the comments submitted
renewal applicant for a period of two search box insert the docket number, to the docket via the Federal
years is likely to achieve a level of safety ‘‘FMCSA–2000–8398; FMCSA–2002– eRulemaking Portal at http://
equal to that existing without the www.regulations.gov by following
mstockstill on DSK4VPTVN1PROD with NOTICES
12294; FMCSA–2004–17984; FMCSA–
exemption. 2005–20027; FMCSA–2005–20560; search instructions using DOT Docket
IV. Public Participation and Request for FMCSA–2006–24783; FMCSA–2007– Number MARAD–2014–0132.
Comments 27333; FMCSA–2007–27897; FMCSA– FOR FURTHER INFORMATION CONTACT: You
2009–0054; FMCSA–2011–0010; may contact Yvette M. Fields, Director,
FMCSA encourages you to participate FMCSA–2011–0057’’ in the ‘‘Keyword’’ Office of Deepwater Ports and Offshore
by submitting comments and related box and click ‘‘Search.’’ Next, click Activities, Maritime Administration, at
materials. ‘‘Open Docket Folder’’ button choose (202) 366–0926. You may send mail to
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![26324 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Notices
requirement would also cover a or natural gas. It is consistent with the intrastate gas transmission pipelines (as
deepwater port intended for the export existing process previously established defined in 49 CFR part 192) and
of refined products. for the review of import applications. hazardous liquid pipelines carrying
The considerable technical, This policy acknowledges that these crude oil, refined petroleum products,
operational and environmental existing statutory and regulatory highly volatile liquids, biofuel, and
differences between import and export procedures are sufficient and carbon dioxide (as defined in 49 CFR
operations for oil or natural gas projects appropriate for the processing of export part 195) a share of the total Federal
are such that any licensed deepwater applications. pipeline safety program costs in
port facility operator or any proponent proportion to the number of miles of
Authority: The Coast Guard and Maritime
of a deepwater port that has an Transportation Act of 2012; The Deepwater pipeline for each operator. In
application in process who proposes to Port Act of 1974, as amended, 33 U.S.C. accordance with COBRA, PHMSA also
convert from import to export 1501–1524; 49 CFR 1.93. assesses user fees on LNG facilities (as
operations must submit a new license defined in 49 CFR part 193).
Dated: May 1, 2015.
application (including application fee) On July 16, 1986, the agency
and conform to all licensing By Order of the Maritime Administrator. published in the Federal Register a
requirements and regulations in effect at Thomas M. Hudson, Jr., notice for pipeline safety user fees to
such time of application. For licensed Secretary, Maritime Administration. describe the agency’s implementation of
deepwater ports, an application to [FR Doc. 2015–10619 Filed 5–6–15; 8:45 am] the requirements set forth in the COBRA
convert from import operations to BILLING CODE 4910–81–P Act (51 FR 25782) (the user fee notice).
export operations requires, at a With respect to pipelines, the user fee
minimum: (1) Approval from DOE or notice adopted pipeline mileage as the
other approval authority to export oil or DEPARTMENT OF TRANSPORTATION fee basis. With respect to the LNG
natural gas to free trade and/or non-free facility portion of the gas program costs,
trade agreement countries; (2) a new or Pipeline and Hazardous Materials a fee basis other than mileage was
supplemental environmental impact Safety Administration needed. For these facilities, the agency
statement or environmental assessment [Docket No. PHMSA–2014–0051] decided that storage capacity was the
pursuant to NEPA that assesses the most readily measurable indicator of
environmental impacts of the proposed Pipeline Safety: Liquefied Natural Gas usage as well as allocation of agency
change in operations; and (3) a revised Facility User Fee Rate Increase resources. In order to ensure that user
operations manual that fully describes fees assessed for each type of pipeline
the proposed change in port operations. ACTION: Notice of agency action. facility have a reasonable relationship to
Only after all required application the allocation of departmental
processes are completed, and MARAD AGENCY: Pipeline and Hazardous resources, the user fee notice
issues a ROD or Finding Of No Materials Safety Administration, established five percent of total gas
Significant Impact (FONSI) that Department of Transportation. program costs as the appropriate level
SUMMARY: On July 3, 2014, (79 FR
explicitly addresses the nine mandatory and established billing tiers based on
criteria specified in the DWPA (33 38124) the Pipeline and Hazardous the storage capacity of LNG facilities.
U.S.C. 1503(c)), may the Maritime Materials Safety Administration In 2014, PHMSA determined that
Administrator approve, approve with (PHMSA) published a notice in this certain changes to the calculation table
conditions, or disapprove an application docket to advise all liquefied natural gas were necessary because the LNG rates
to export oil or natural gas through a facility (LNG) operators subject to had not been adjusted to reflect the
deepwater port. PHMSA user fee billing of a change in increase in gas program costs since
For deepwater ports that already have the LNG user fee rates to align these 1986. On July 3, 2014, (79 FR 38124)
a license to import oil or natural gas, if rates with the actual allocation of PHMSA issued a Federal Register
the Maritime Administrator approves an PHMSA resources to LNG program notice describing PHMSA’s planned
application to convert to export costs. PHMSA is publishing this notice approach to updating the LNG user fee
operations, the licensee must surrender to explain changes PHMSA has made to assessments. The notice described
the existing license, and the Maritime the rate plan described in the July notice PHMSA’s intention to update the rate
Administrator will issue a new license, in response to the comments received for each of the five storage capacity tiers
as outlined above, with conditions and to communicate PHMSA’s final in the table to arrive at five percent of
appropriate to all intended activities, LNG user fee plan. total gas program costs when the tiers
including, if applicable, authority to FOR FURTHER INFORMATION CONTACT: are added together. PHMSA stated that
engage in bidirectional oil or natural gas Blaine Keener by telephone at 202–366– it plans to implement the increase in the
import and export operations. For 0970, by email at blaine.keener@dot.gov, LNG facility obligation in three equal
applications to site, construct and or by mail at U.S. Department of increments starting in 2015 and invited
operate a new deepwater port, the Transportation, PHMSA, PHP–30, 1200 comments. Based on the comments
Maritime Administrator will issue a New Jersey Avenue SE., Washington, received, PHMSA has revised its
new license with conditions appropriate DC 20590–0001. approach and is now establishing 1.6
to the applied-for activity. percent of total gas program costs as the
Background
appropriate level and has determined
Policy Analysis and Notices The Consolidated Omnibus Budget that at this lower level there is no longer
mstockstill on DSK4VPTVN1PROD with NOTICES
MARAD is publishing this policy in Reconciliation Act (COBRA) of 1986 a need to implement the increase over
the Federal Register to indicate how it (Pub. L. 99–272, Sec. 7005) codified at 3 years.
plans to exercise the discretionary Section 60301 of Title 49, United States SUPPLEMENTARY INFORMATION:
authority provided by the DWPA, as Code, authorizes the assessment and
amended by the CG&MT Act. This collection of user fees to fund the Summary of Comments on the July 3,
policy establishes an administrative pipeline safety activities conducted 2014 Notice
process for the review of deepwater port under Chapter 601 of Title 49. PHMSA During the 2-month response period,
applications that propose to export oil assesses each operator of interstate and PHMSA received comments on the
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Document Created: 2015-12-16 07:50:11
Document Modified: 2015-12-16 07:50:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Final policy. | |
| Dates | This policy is effective May 7, 2015. | |
| Contact | You may contact Yvette M. Fields, Director, Office of Deepwater Ports and Offshore Activities, Maritime Administration, at (202) 366-0926. You may send mail to Ms. Fields at Maritime Administration, 1200 New Jersey Avenue SE., MAR 530, W21-309, Washington, DC 20590-0001. You may send electronic mail to [email protected] If you have questions on viewing the Docket, call Docket Operations, telephone: (202) 366-9826. | |
| FR Citation | 80 FR 26321 |
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