83 FR 11745 - American LNG Marketing, LLC
DEPARTMENT OF ENERGY Federal Register Volume 83, Issue 52 (March 16, 2018)
Federal Register Volume 83, Issue 52 (March 16, 2018)
| Page Range | 11745-11746 | |
| FR Document | 2018-05392 |
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)] [Notices] [Pages 11745-11746] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05392] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [FE Docket Nos. 14-209-LNG, 15-19-LNG, and 16-33-LNG] American LNG Marketing, LLC AGENCY: Office of Fossil Energy, DOE. ACTION: Notice of change in control. ----------------------------------------------------------------------- SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of a Notice of Change in Control (Notice) filed January 9, 2018, by American LNG Marketing, LLC (ALM) in the above-referenced dockets. The Notice describes a change in control of Fortress Investment Group LLC (Fortress), the ultimate parent company of ALM. The Notice was filed under section 3 of the Natural Gas Act (NGA). DATES: Protests, motions to intervene, or notices of intervention, as applicable, and written comments are to be filed using procedures detailed in the Public Comment Procedures section no later than 4:30 p.m., Eastern time, April 2, 2018. ADDRESSES: Electronic Filing by Email: [email protected]. Regular Mail: U.S. Department of Energy (FE-34), Office of Regulation and International Engagement, Office of Fossil Energy, P.O. Box 44375, Washington, DC 20026-4375. Hand Delivery or Private Delivery Services (e.g., FedEx, UPS, etc.): U.S. Department of Energy (FE-34), Office of Regulation and International Engagement, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW, Washington, DC 20585. FOR FURTHER INFORMATION CONTACT: Larine Moore or Amy Sweeney, U.S. Department of Energy (FE-34), Office of Regulation and International Engagement, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW, Washington, DC 20585, (202) 586-9478; (202) 586-2627. Cassandra Bernstein or Ronald (R.J.) Colwell, U.S. Department of Energy (GC-76), Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585, (202) 586-9793; (202) 586-8499. SUPPLEMENTARY INFORMATION: Summary of Change in Control As noted, ALM filed a Notice of Change in Control in the above- referenced dockets.\1\ In the Notice, ALM asserts that the change in control results from the acquisition of its ultimate parent company, Fortress, by an indirect, wholly-owned subsidiary of SoftBank Group Corp. (SoftBank). ALM states that SoftBank is a global holding company headquartered in Tokyo, Japan.\2\ According to ALM, this acquisition was consummated on December 27, 2017 (Transaction). As a result of this Transaction, SoftBank--through Fortress--ultimately controls the manager of investment funds that indirectly own the equity interests in ALM. ALM further states that: (i) The Transaction has no effect on ALM's day-to-day management or operation; (ii) ALM retains its current form and domicile as a Delaware limited liability company with its principal place of business in New York, New York; and (iii) ALM continues to be the holder of the DOE/FE authorizations issued in the above-referenced dockets.\3\ --------------------------------------------------------------------------- \1\ American LNG Marketing, LLC, FE Docket Nos. 14-209-LNG, 15- 19-LNG, and 16-33-LNG, Notice of Change in Control (Jan. 9, 2018) [hereinafter ALM Notice]. \2\ ALM states that SoftBank holds ownership interests in a wide range of telecommunications and technology ventures, including broadband, fixed-line and wireless telecommunications, e-commerce, technology services, advanced energy technology, finance, and semiconductor design. SoftBank conducts its business through various subsidiaries and partnerships with companies located in Japan and other countries, including the United States. See ALM Notice at 1-2. \3\ ALM is advised that its described change in control may also require the approval of the Committee on Foreign Investment in the United States (CFIUS). DOE expresses no opinion regarding the need for review by CFIUS. Additional information may be obtained at: http://www.treasury.gov/resource-center/international/Pages/Committee-on-Foreign-Investment-in-US.aspx. --------------------------------------------------------------------------- Additional details can be found in ALM's Notice, posted on the DOE/ FE website at: https://www.energy.gov/sites/prod/files/2018/01/f46/AmericanLNGMktgCIC01_09_18.pdf (Jan. 9, 2018). DOE/FE Evaluation DOE/FE will review ALM's Notice in accordance with its Procedures for Changes in Control Affecting Applications and Authorizations to Import or Export Natural Gas (CIC Revised Procedures).\4\ Consistent with [[Page 11746]] the CIC Revised Procedures, this notice addresses only the authorizations granted to ALM to export liquefied natural gas (LNG) to non-free trade agreement (non-FTA) countries in DOE/FE Order Nos. 3690 and 3877 (FE Docket Nos. 14-209-LNG and 16-33-LNG, respectively). If no interested person protests the change in control and DOE takes no action on its own motion, the change in control will be deemed granted 30 days after publication in the Federal Register. If one or more protests are submitted, DOE will review any motions to intervene, protests, and answers, and will issue a determination as to whether the proposed change in control has been demonstrated to render the underlying authorization inconsistent with the public interest. --------------------------------------------------------------------------- \4\ 79 FR 65541 (Nov. 5, 2014). --------------------------------------------------------------------------- Public Comment Procedures Interested persons will be provided 15 days from the date of publication of this notice in the Federal Register in order to move to intervene, protest, and answer ALM's Notice. Protests, motions to intervene, notices of intervention, and written comments are invited in response to this notice only as to the change in control described in ALM's Notice, and only with respect to ALM's non-FTA authorizations in DOE/FE Order Nos. 3690 and 3877.\5\ All protests, comments, motions to intervene, or notices of intervention must meet the requirements specified by DOE's regulations in 10 CFR part 590. --------------------------------------------------------------------------- \5\ Intervention, if granted, would constitute intervention only in the change in control portion of this proceeding, as described herein. --------------------------------------------------------------------------- Filings may be submitted using one of the following methods: (1) Preferred method: Emailing the filing to [email protected], with the individual FE Docket Number(s) in the title line, or American LNG Marketing Change in Control in the title line to include all applicable dockets in this notice; (2) mailing an original and three paper copies of the filing to the Office of Regulation and International Engagement at the address listed in ADDRESSES; or (3) hand delivering an original and three paper copies of the filing to the Office of Regulation and International Engagement at the address listed in ADDRESSES. All filings must include a reference to the individual FE Docket Number(s) in the title line, or American LNG Marketing Change in Control in the title line to include all applicable dockets in this notice. Please Note: If submitting a filing via email, please include all related documents and attachments (e.g., exhibits) in the original email correspondence. Please do not include any active hyperlinks or password protection in any of the documents or attachments related to the filing. All electronic filings submitted to DOE must follow these guidelines to ensure that all documents are filed in a timely manner. Any hardcopy filing submitted greater in length than 50 pages must also include, at the time of the filing, a digital copy on disk of the entire submission. ALM's Notice and any filed protests, motions to intervene, notices of intervention, and comments are available for inspection and copying in the Office of Regulation and International Engagement docket room, Room 3E-042, 1000 Independence Avenue SW, Washington, DC 20585. The docket room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The Notice and any filed protests, motions to intervene, notices of intervention, and comments will also be available electronically by going to the following DOE/FE web address: http://www.fe.doe.gov/programs/gasregulation/index.html. Issued in Washington, DC, on March 13, 2018. Robert J. Smith, Deputy Assistant Secretary for Oil and Natural Gas (Acting), Office of Fossil Energy. [FR Doc. 2018-05392 Filed 3-15-18; 8:45 am] BILLING CODE 6450-01-P
![Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11745
combination cooler refrigeration Signed in Washington, DC, on March 9, Independence Avenue SW, Washington,
products specified in 10 CFR part 430, 2018. DC 20585, (202) 586–9793; (202) 586–
subpart B, appendix A, with the Kathleen B. Hogan, 8499.
exception that New Shunxiang must Deputy Assistant Secretary for Energy
SUPPLEMENTARY INFORMATION:
calculate energy consumption using a Efficiency, Energy Efficiency and Renewable
correction factor (‘‘K-factor’’) of 0.85, Energy. Summary of Change in Control
instead of the prescribed 0.55. [FR Doc. 2018–05366 Filed 3–15–18; 8:45 am]
As noted, ALM filed a Notice of
(3) Representations. New Shunxiang BILLING CODE 6450–01–P
Change in Control in the above-
must make representations about the referenced dockets.1 In the Notice, ALM
energy use of the specified basic model asserts that the change in control results
identified in paragraph (1) of this DEPARTMENT OF ENERGY
from the acquisition of its ultimate
section for compliance, marketing, or [FE Docket Nos. 14–209–LNG, 15–19–LNG, parent company, Fortress, by an
other purposes only to the extent that and 16–33–LNG] indirect, wholly-owned subsidiary of
such product has been tested in SoftBank Group Corp. (SoftBank). ALM
accordance with the provisions outlined American LNG Marketing, LLC states that SoftBank is a global holding
above and such representations fairly company headquartered in Tokyo,
disclose the results of such testing in AGENCY: Office of Fossil Energy, DOE.
ACTION: Notice of change in control. Japan.2 According to ALM, this
accordance with 10 CFR part 430, acquisition was consummated on
subpart B, appendix A and 10 CFR December 27, 2017 (Transaction). As a
SUMMARY: The Office of Fossil Energy
429.14. result of this Transaction, SoftBank—
(FE) of the Department of Energy (DOE)
(4) This waiver shall remain in effect gives notice of receipt of a Notice of through Fortress—ultimately controls
consistent with the provisions of 10 CFR Change in Control (Notice) filed January the manager of investment funds that
430.27. This Decision and Order will 9, 2018, by American LNG Marketing, indirectly own the equity interests in
terminate on October 28, 2019, in LLC (ALM) in the above-referenced ALM. ALM further states that: (i) The
conjunction with the compliance date of dockets. The Notice describes a change Transaction has no effect on ALM’s day-
the recently published standards for in control of Fortress Investment Group to-day management or operation; (ii)
MREFs. Testing to demonstrate LLC (Fortress), the ultimate parent ALM retains its current form and
compliance with those standards, and company of ALM. The Notice was filed domicile as a Delaware limited liability
any other representations of energy use under section 3 of the Natural Gas Act company with its principal place of
made on or after October 28, 2019, will (NGA). business in New York, New York; and
require manufacturers to use the (iii) ALM continues to be the holder of
DATES: Protests, motions to intervene, or
relevant test procedure for these the DOE/FE authorizations issued in the
products. notices of intervention, as applicable,
and written comments are to be filed above-referenced dockets.3
(5) This waiver is issued on the Additional details can be found in
condition that the statements, using procedures detailed in the Public
Comment Procedures section no later ALM’s Notice, posted on the DOE/FE
representations, and documentary website at: https://www.energy.gov/
materials provided by the petitioner are than 4:30 p.m., Eastern time, April 2,
2018. sites/prod/files/2018/01/f46/
valid. DOE may revoke or modify this AmericanLNGMktgCIC01_09_18.pdf
waiver at any time if it determines the ADDRESSES: (Jan. 9, 2018).
factual basis underlying the petition for Electronic Filing by Email: fergas@
waiver is incorrect, or the results from hq.doe.gov. DOE/FE Evaluation
the alternate test procedure are Regular Mail: U.S. Department of DOE/FE will review ALM’s Notice in
unrepresentative of the basic model’s Energy (FE–34), Office of Regulation accordance with its Procedures for
true energy consumption characteristics. and International Engagement, Office of Changes in Control Affecting
10 CFR 430.27(k)(1). Likewise, New Fossil Energy, P.O. Box 44375, Applications and Authorizations to
Shunxiang may request that DOE Washington, DC 20026–4375. Import or Export Natural Gas (CIC
rescind or modify the waiver if New Hand Delivery or Private Delivery Revised Procedures).4 Consistent with
Shunxiang discovers an error in the Services (e.g., FedEx, UPS, etc.): U.S.
information provided to DOE as part of Department of Energy (FE–34), Office of 1 American LNG Marketing, LLC, FE Docket Nos.
its petition, determines that the waiver Regulation and International 14–209–LNG, 15–19–LNG, and 16–33–LNG, Notice
is no longer needed, or for other Engagement, Office of Fossil Energy, of Change in Control (Jan. 9, 2018) [hereinafter ALM
appropriate reasons. 10 CFR Forrestal Building, Room 3E–042, 1000 Notice].
2 ALM states that SoftBank holds ownership
430.27(k)(2). If New Shunxiang believes Independence Avenue SW, Washington,
interests in a wide range of telecommunications and
that a test method other than that DC 20585. technology ventures, including broadband, fixed-
specified in this Decision and Order FOR FURTHER INFORMATION CONTACT: line and wireless telecommunications, e-commerce,
provides representative results and is Larine Moore or Amy Sweeney, U.S. technology services, advanced energy technology,
finance, and semiconductor design. SoftBank
less burdensome, New Shunxiang may Department of Energy (FE–34), Office of conducts its business through various subsidiaries
submit a request for modification under Regulation and International and partnerships with companies located in Japan
10 CFR 430.27(k)(2) that explains why Engagement, Office of Fossil Energy, and other countries, including the United States.
DOE should adopt the test procedure Forrestal Building, Room 3E–042, 1000 See ALM Notice at 1–2.
3 ALM is advised that its described change in
submitted by New Shunxiang and Independence Avenue SW, Washington,
daltland on DSKBBV9HB2PROD with NOTICES
control may also require the approval of the
addresses the reasons for DOE’s DC 20585, (202) 586–9478; (202) 586– Committee on Foreign Investment in the United
modifications provided in this Decision 2627. States (CFIUS). DOE expresses no opinion regarding
and Order. Cassandra Bernstein or Ronald (R.J.) the need for review by CFIUS. Additional
(6) Granting of this waiver does not Colwell, U.S. Department of Energy information may be obtained at: http://
www.treasury.gov/resource-center/international/
release New Shunxiang from the (GC–76), Office of the Assistant General Pages/Committee-on-Foreign-Investment-in-
certification requirements set forth at 10 Counsel for Electricity and Fossil US.aspx.
CFR part 429. Energy, Forrestal Building, 1000 4 79 FR 65541 (Nov. 5, 2014).
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![11746 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices
the CIC Revised Procedures, this notice do not include any active hyperlinks or Historic Site Archeological Resources
addresses only the authorizations password protection in any of the Management Plan, Review Period
granted to ALM to export liquefied documents or attachments related to the Ends: 04/16/2018, Contact: Brenda
natural gas (LNG) to non-free trade filing. All electronic filings submitted to Todd 701–745–3300
agreement (non-FTA) countries in DOE/ DOE must follow these guidelines to EIS No. 20180038, Final, NPS, MI, FEIS
FE Order Nos. 3690 and 3877 (FE ensure that all documents are filed in a
to Address the Presence of Wolves at
Docket Nos. 14–209–LNG and 16–33– timely manner. Any hardcopy filing
LNG, respectively). If no interested Isle Royale National Park, Review
submitted greater in length than 50
person protests the change in control pages must also include, at the time of Period Ends: 04/16/2018, Contact:
and DOE takes no action on its own the filing, a digital copy on disk of the Kelly Daigle 303–987–6897
motion, the change in control will be entire submission. EIS No. 20180039, Final, FHWA, AK,
deemed granted 30 days after ALM’s Notice and any filed protests, Sterling Highway Milepost 45–60,
publication in the Federal Register. If motions to intervene, notices of Review Period Ends: 04/16/2018,
one or more protests are submitted, DOE intervention, and comments are Contact: John Lohrey 907–586–7418
will review any motions to intervene, available for inspection and copying in EIS No. 20180040, Final, USFS, CA,
protests, and answers, and will issue a the Office of Regulation and
Craggy Vegetation Management,
determination as to whether the International Engagement docket room,
Review Period Ends: 04/23/2018,
proposed change in control has been Room 3E–042, 1000 Independence
Contact: Danika Carlson 530–468–
demonstrated to render the underlying Avenue SW, Washington, DC 20585.
authorization inconsistent with the The docket room is open between the 1225
public interest. hours of 8:00 a.m. and 4:30 p.m., EIS No. 20180041, Draft, USFS, MT,
Monday through Friday, except Federal Castle Mountains Restoration Project,
Public Comment Procedures
holidays. Comment Period Ends: 04/30/2018,
Interested persons will be provided 15 The Notice and any filed protests, Contact: John Casselli 406–791–7723
days from the date of publication of this motions to intervene, notices of EIS No. 20180042, Draft Supplement,
notice in the Federal Register in order intervention, and comments will also be
to move to intervene, protest, and BLM, CA, West Route Network Project
available electronically by going to the
answer ALM’s Notice. Protests, motions Draft Supplemental Environmental
following DOE/FE web address: http://
to intervene, notices of intervention, Impact Statement WMRNP DSEIS,
www.fe.doe.gov/programs/
and written comments are invited in gasregulation/index.html. Comment Period Ends: 06/14/2018,
response to this notice only as to the Contact: Matthew Toedtli 404–426–
Issued in Washington, DC, on March 13, 1854
change in control described in ALM’s 2018.
Notice, and only with respect to ALM’s EIS No. 20130018, Final, BIA, WA,
Robert J. Smith,
non-FTA authorizations in DOE/FE ADOPTION—Spokane Tribe of
Deputy Assistant Secretary for Oil and
Order Nos. 3690 and 3877.5 All protests, Indians West Plains Casino and
Natural Gas (Acting), Office of Fossil Energy.
comments, motions to intervene, or Mixed-Use Development Project
[FR Doc. 2018–05392 Filed 3–15–18; 8:45 am]
notices of intervention must meet the Approval of Gaming Development
BILLING CODE 6450–01–P
requirements specified by DOE’s and Management Spokane County
regulations in 10 CFR part 590. WA, Contact: Esther Dittler 202–632–
Filings may be submitted using one of
ENVIRONMENTAL PROTECTION 7003
the following methods: (1) Preferred
method: Emailing the filing to fergas@ AGENCY The National Indian Gaming
hq.doe.gov, with the individual FE [ER–FRL–9038–2] Commission (NIGC) has adopted the
Docket Number(s) in the title line, or Bureau of Indian Affairs’ (BIA) Spokane
American LNG Marketing Change in Environmental Impact Statements; Tribe of Indians West Plains Casino and
Control in the title line to include all Notice of Availability Mixed-Use Development Project
applicable dockets in this notice; (2) Approval of Gaming Development and
mailing an original and three paper Responsible Agency: Office of Federal
Activities, General Information (202) Management Spokane County WA EIS.
copies of the filing to the Office of BIA filed its Final EIS with EPA on
Regulation and International 564–7156 or http://www2.epa.gov/nepa.
Weekly receipt of Environmental Impact January 25, 2013; it was published in
Engagement at the address listed in the Federal Register on February 1,
ADDRESSES; or (3) hand delivering an Statements
Filed 03/05/2018 Through 03/09/2018 2013. The comment period was
original and three paper copies of the extended from March 4, 2013 to May 1,
filing to the Office of Regulation and Pursuant to 40 CFR 1506.9
2013. The NIGC was a cooperating
International Engagement at the address Notice agency on the project and recirculation
listed in ADDRESSES. All filings must
Section 309(a) of the Clean Air Act of the document is not necessary under
include a reference to the individual FE
requires that EPA make public its Section 1506.3(c) of the Council of
Docket Number(s) in the title line, or
comments on EISs issued by other Environmental Quality National
American LNG Marketing Change in
Federal agencies. EPA’s comment letters Environmental Policy Act (NEPA)
Control in the title line to include all
on EISs are available at: https:// Regulations.
applicable dockets in this notice. Please
cdxnodengn.epa.gov/cdx-nepa-public/
Note: If submitting a filing via email,
daltland on DSKBBV9HB2PROD with NOTICES
action/eis/search. Dated: March 13, 2018.
please include all related documents Kelly Knight,
and attachments (e.g., exhibits) in the EIS No. 20180036, Draft, FAA, GA, Draft
EIS Spaceport Camden, Comment Director, NEPA Compliance Division, Office
original email correspondence. Please of Federal Activities.
Period Ends: 05/16/2018, Contact:
5 Intervention, if granted, would constitute Stacey M Zee 202–267–9305 [FR Doc. 2018–05393 Filed 3–15–18; 8:45 am]
intervention only in the change in control portion EIS No. 20180037, Final, NPS, ND, BILLING CODE 6560–50–P
of this proceeding, as described herein. Knife River Indian Villages National
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Document Created: 2018-03-16 01:11:57
Document Modified: 2018-03-16 01:11:57
| 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 change in control. | |
| Dates | Protests, motions to intervene, or notices of intervention, as applicable, and written comments are to be filed using procedures detailed in the Public Comment Procedures section no later than 4:30 p.m., Eastern time, April 2, 2018. | |
| Contact | Larine Moore or Amy Sweeney, U.S. Department of Energy (FE-34), Office of Regulation and International Engagement, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue SW, Washington, DC 20585, (202) 586-9478; (202) 586-2627. | |
| FR Citation | 83 FR 11745 |
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