80 FR 80454 - Deepwater Port License Application: Liberty Natural Gas LLC, Port Ambrose Deepwater Port; Withdrawal of Application and Termination of Federal Application Review Process
DEPARTMENT OF TRANSPORTATION
Maritime Administration Federal Register Volume 80, Issue 247 (December 24, 2015)
Maritime Administration
Federal Register Volume 80, Issue 247 (December 24, 2015)
| Page Range | 80454-80455 | |
| FR Document | 2015-32348 |
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)] [Notices] [Pages 80454-80455] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32348] [[Page 80454]] ----------------------------------------------------------------------- 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: [email protected]. 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
![80454 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices
DEPARTMENT OF TRANSPORTATION by letter dated November 18, 2015, of its the Federal Register on December 16,
withdrawal of the Port Ambrose license 2014 (79 FR 74808), and subsequent
Maritime Administration application from the Federal review public meetings seeking public
[Docket Number USCG–2013–0363] process. As a consequence of Liberty’s comments on the DEIS were held in
withdrawal of its application, the Jamaica, New York on January 7, 2015,
Deepwater Port License Application: Federal application review process and and in Eatontown, New Jersey on
Liberty Natural Gas LLC, Port Ambrose all related Federal processing activities January 8, 2015. On October 16, 2015,
Deepwater Port; Withdrawal of were terminated on November 18, 2015. an NOA of the Final EIS and Notice of
Application and Termination of Federal This Federal Register Notice shall serve Final Public Licensing Hearings was
Application Review Process as official announcement to the public published in the Federal Register (80
that the Federal review and processing FR 62596). The final hearings were held
AGENCY: Maritime Administration, U.S. of the Liberty Port Ambrose deepwater on November 2, 2015 and November 3,
Department of Transportation. port license application is terminated. 2015 in Long Beach, New York, and on
ACTION: Notice of termination of Federal November 4, 2015 and November 5,
FOR FURTHER INFORMATION CONTACT: Ms.
review. Yvette M. Fields, Director, Office of 2015 in Eatontown, New Jersey.
Deepwater Ports and Offshore Upon conclusion of the final public
SUMMARY: The Maritime Administration licensing hearings and completion of
(MARAD) announces the termination of Activities, Maritime Administration,
telephone 202–366–0926, email: consistency reviews by the relevant
the Liberty Natural Gas LLC (Liberty) state agencies, New York Governor
Port Ambrose Deepwater Port License Yvette.Fields@dot.gov.
Andrew M. Cuomo, by letter dated
Application and all related Federal SUPPLEMENTARY INFORMATION: On
November 12, 2015, advised MARAD of
processing activities required by September 28, 2012, Liberty submitted
his disapproval of Liberty’s Port
applicable provisions of the Deepwater to MARAD and USCG an application for Ambrose deepwater port license
Port Act of 1974, as amended (Act). a license and all Federal authorizations application. Governor Cuomo
On September 28, 2015, Liberty required to own, construct, and operate disapproved the application in
submitted to MARAD and the U.S. Coast a natural gas import deepwater port accordance with his authority as an ACS
Guard (USCG) an application under the known as Port Ambrose. Specifically, Governor, as provided under Section
Act for a license and all Federal the Port Ambrose license application 1508(b)(1) of the Act. Governor Cuomo’s
authorizations required to own, proposed construction and operation of disapproval was based on concerns
construct, and operate a deepwater port an offshore natural gas deepwater port related to his assessment of the
for the importation of liquefied natural facility that would have been located proposed project’s inherent security
gas (LNG) into the United States. The 16.1 nautical miles southeast of Jones risks, impacts of extreme weather
deepwater port, known as Port Beach, New York, 24.9 nautical miles events, disruption of commercial
Ambrose, was proposed to be located in east of Long Branch, New Jersey, and navigation and fishing activities, and
the offshore waters of New York and 27.1 nautical miles from the entrance to the potential interference with currently
New Jersey, in the New York Bight. On New York Harbor in a water depth of pending renewable energy projects
June 14, 2013, MARAD and USCG approximately 103 feet. proposed for the State of New York.
deemed the application complete, As required under the Act, MARAD On November 18, 2015, in light of
designated New York and New Jersey as and USCG, acting as co-lead agencies, Governor Cuomo’s disapproval of the
adjacent coastal states (ACS) and commenced a formal review of the Port Port Ambrose license application,
commenced the Federal application Ambrose deepwater port license Liberty notified MARAD of its
review process required under the Act. application. The review included an withdrawal of the application from the
This process also included a application completeness Federal review process. As a
comprehensive environmental determination, development of a consequence of the withdrawal of the
assessment, public meetings and comprehensive Environmental Impact application, the Federal review process
coordination of the application review Statement (EIS) as required by NEPA, was terminated on November 18, 2015.
process with relevant Federal and State in-depth review of the financial capacity This public notice serves as an official
agencies. of the applicant to construct, operate announcement of the termination of the
Upon completion of the and decommission the proposed Liberty Natural Gas Port Ambrose
environmental review process required deepwater port and assessment of the deepwater port license application and
by the National Environmental Policy applicant’s ability to meet all other all other related Federal processing
Act (NEPA) and the final public license criteria of the Act. The initial activities.
licensing hearings, Governor Andrew M. Port Ambrose deepwater port Notice of Further, as a result of the termination
Cuomo of the State of New York, Application (NOA) was published in the of the application and related
notified the Maritime Administration, Federal Register on June 14, 2013 (78 processing activities, no Record of
by letter dated November 12, 2015, of FR 36014). The NOA announced Decision (ROD) will be issued by
his disapproval of the Liberty Port completeness of MARAD’s and USCG’s MARAD for the Liberty Port Ambrose
Ambrose deepwater port project. initial review of the application and license application. It should be noted,
Governor Cuomo’s disapproval was commencement of the formal however, that all project related
issued in accordance with the application review process. Thereafter, information compiled and assessed
provisions outlined in 33 U.S.C. Section the required Notice of Intent to prepare during the application review will be
mstockstill on DSK4VPTVN1PROD with NOTICES
1508(c)(8) which state, the Secretary (or an EIS and conduct public scoping incorporated into the final
Maritime Administrator by delegated meetings was published in the Federal administrative record for the Liberty
authority) may issue a deepwater port Register on June 24, 2013 (78 FR 37878). Port Ambrose deepwater license
license only if the Governor of the ACS The required public scoping meetings application.
approves or is presumed to approve, were held in Long Beach, New York on Additional information regarding the
issuance of the license. In light of July 9, 2013, and in Edison, New Jersey Liberty Port Ambrose deepwater port
Governor Cuomo’s disapproval of the on July 10, 2013. Additionally, an NOA license application, comments,
application, Liberty notified MARAD, of the Draft EIS (DEIS) was published in supporting information and other
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![Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 80455
associated documentation are available The proposed Delfin LNG deepwater Background
for viewing at the Federal Docket port incorporates onshore components, On May 8, 2015, as supplemented on
Management System (FDMS) Web site: which are subject to the jurisdiction of June 19, 2015, MARAD and USCG
http://www.regulations.gov under the Federal Energy Regulatory received an application from Delfin
docket number USCG–2013–0363. Commission (FERC). These facilities are LNG for all Federal authorizations
(Authority: 49 CFR 1.93) described in the section of this notice required for a license to own, construct,
* * * titled ‘‘FERC Application.’’ and operate a deepwater port for the
Dated: December 18, 2015. FOR FURTHER INFORMATION CONTACT: Mr. export of natural gas. On Thursday, July
By Order of the Maritime Administrator. Roddy Bachman, USCG, telephone: 16, 2015, a Notice of Application was
T. Mitchell Hudson, Jr., 202–372–1451, email: published in the Federal Register (80
Roddy.C.Bachman@uscg.mil, or Ms. FR 42162) advising the public of the
Secretary, Maritime Administration.
Yvette M. Fields, Director, Office of completed original application.
[FR Doc. 2015–32348 Filed 12–23–15; 8:45 am]
Deepwater Ports and Offshore Louisiana and Texas were designated as
BILLING CODE 4910–81–P adjacent coastal States (ACS) for the
Activities, MARAD, telephone: 202–
366–0926, email: Yvette.Fields@dot.gov. original application.
For questions regarding viewing the Two public scoping meetings were
DEPARTMENT OF TRANSPORTATION held in connection with the original
Federal docket, call Docket Operations,
Maritime Administration telephone 202–366–9826. Delfin LNG application. The first public
scoping meeting was held in Lake
SUPPLEMENTARY INFORMATION:
Charles, Louisiana on August 18, 2015,
[Docket No. USCG–2015–0472]
Request for Comments and the second public scoping meeting
Deepwater Port License Application: was held in Beaumont, Texas on August
We request public comments on the 19, 2015. After the public scoping
Delfin LNG LLC, Delfin LNG Deepwater amended application for the proposed
Port meetings concluded, Delfin LNG
deepwater port. You can submit advised MARAD and USCG of its intent
AGENCY: Maritime Administration, U.S. comments directly to the Docket to amend the original application.
Department of Transportation. Operations Facility during the public In anticipation of the amended
comment period from publication date application, MARAD and USCG issued
ACTION: Notice of Receipt of Amended
of this Notice until Tuesday, January 19, a regulatory ‘‘stop-clock’’ letter to Delfin
Application; Request for Comments.
2016. We will consider all comments LNG on September 18, 2015. That letter
SUMMARY: The Maritime Administration and materials received during the public commenced a regulatory ‘‘stop-clock,’’
(MARAD), in cooperation with the U.S. comment period. Public comment effective September 18, 2015, which
Coast Guard (USCG), announces the submissions must be unbound, no larger would remain in effect until MARAD
receipt and availability of the amended than 81⁄2 by 11 inches and suitable for and USCG received the amended
deepwater port license application copying and electronic scanning. Please application and determined it contained
submitted by Delfin LNG LLC (Delfin include the docket number (USCG– sufficient information to continue the
LNG) on November 19, 2015 (amended 2015–0472) and your name and address Federal review process. On November
application). The purpose of this on any correspondence. 19, 2015, Delfin LNG submitted its
Federal Register Notice is to explain the Submit comments or material using amended application to MARAD and
changes between the original only one of the following methods: USCG.
application and the amended • Online: Go to www.regulations.gov Working in coordination with
application and seek public comments and search docket number ‘‘USCG– participating Federal and State agencies,
regarding the amended application. 2015–0472.’’ Follow the online we will commence processing the
Please note, MARAD and USCG have instructions for sending your comments amended application and complete a
determined that this Federal Register electronically. Draft EIS which analyzes reasonable
Notice is sufficient for satisfying • Mail: Send comments to Docket alternatives to, and the direct, indirect
National Environmental Policy Act Operations, M–30; U.S. Department of and cumulative environmental impacts
(NEPA) requirements for public scoping Transportation, 1200 New Jersey of, the proposed action. When the Draft
and seeking public comment on an Avenue SE, Room W12–140, West EIS is complete and ready for public
agency action. As such, no public Building Ground Floor, Washington, DC review, a Notice of Availability will be
scoping meetings are planned to be held 20590–0001. published in the Federal Register. The
for the Delfin LNG amended Notice of Availability will provide for a
application. • Hand Delivery or Courier: Bring
public comment period that includes
A Notice of Application that comments to Docket Operations in
public meetings in Louisiana and Texas.
summarized the original Delfin LNG Room W12–140 of the West Building
The amended application is currently
license application was published in the Ground Floor at 1200 New Jersey
available for public review at the
Federal Register on July 16, 2015 (80 FR Avenue SE, Washington, DC, between
Federal docket Web site:
42162). A Notice of Intent to Prepare an 9:00 a.m. and 5:00 p.m., Monday
www.regulations.gov under docket
Environmental Impact Statement and through Friday, except Federal holidays.
number USCG–2015–0472.
Notice of Public Meetings was • Fax: Fax comments to Docket
Operations at 202–493–2251. Summary of the Amended Application
mstockstill on DSK4VPTVN1PROD with NOTICES
published in the Federal Register on
Wednesday, July 29, 2015 (80 FR While not required, it is preferred that The specific project changes from the
45270). This Notice incorporates the comments be submitted electronically, original Delfin LNG application are: 1)
aforementioned Notices by reference which facilitates use of computer the liquefaction capacity of the four
and highlights changes to the proposed software to sort, organize and search the proposed FLNGVs that would service
Delfin LNG project made since the comments. If you submit your the proposed Delfin deepwater port is
original application was deemed comments electronically, it is not increased from a base design capacity of
complete. necessary to also submit a hard copy. two million metric tons per annum
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Document Created: 2015-12-24 02:25:36
Document Modified: 2015-12-24 02:25:36
| 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 | Notice of termination of Federal review. | |
| Contact | Ms. Yvette M. Fields, Director, Office of Deepwater Ports and Offshore Activities, Maritime Administration, telephone 202-366-0926, email: [email protected] | |
| FR Citation | 80 FR 80454 |
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