83 FR 4473 - Galveston Bay LNG, LLC; Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations
DEPARTMENT OF ENERGY Federal Register Volume 83, Issue 21 (January 31, 2018)
Federal Register Volume 83, Issue 21 (January 31, 2018)
| Page Range | 4473-4475 | |
| FR Document | 2018-01895 |
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)] [Notices] [Pages 4473-4475] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01895] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [FE Docket No. 17-167-LNG] Galveston Bay LNG, LLC; Application for Long-Term, Multi-Contract Authorization To Export Liquefied Natural Gas to Non-Free Trade Agreement Nations AGENCY: Office of Fossil Energy, DOE. ACTION: Notice of application. ----------------------------------------------------------------------- SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt of an application (Application), filed on December 22, 2017, by Galveston Bay LNG, LLC (Galveston Bay LNG), requesting long-term, multi-contract authorization to export domestically produced liquefied natural gas (LNG) in a volume equivalent to 785.7 billion cubic feet (Bcf) per year of natural gas. Galveston Bay LNG seeks authorization to export this LNG from its proposed natural gas liquefaction facility to be located in Texas City, Texas (Galveston Bay LNG Project). Galveston Bay LNG seeks authorization to export this LNG to countries with which trade is not prohibited by U.S. law or policy, including both countries with which the United States has entered into a free trade agreement (FTA) requiring national treatment for trade in natural gas (FTA countries) and all other countries (non-FTA countries). Galveston Bay LNG requests the non-FTA authorization for a term of 20 years, to begin on the date of first export following the commencement of operations or seven years from the date of a final order granting export authorization, whichever is first. In addition, Galveston Bay LNG is requesting that it be afforded a three-year make- up period for the purpose of exporting any volume it is unable to export during the original export period, consistent with DOE/FE precedent. Galveston Bay LNG further requests this authorization on its own behalf and as agent for other entities who hold title to [[Page 4474]] the natural gas at the time of export. Galveston Bay LNG filed the Application under section 3 of the Natural Gas Act (NGA). Additional details can be found in Galveston Bay LNG's Application, posted on the DOE/FE website at https://energy.gov/fe/downloads/galveston-bay-lng-llc-fe-dkt-no-17-167-lng. Protests, motions to intervene, notices of intervention, and written comments are invited. DATES: Protests, motions to intervene or notices of intervention, as applicable, requests for additional procedures, 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: fergas@hq.doe.gov. 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: Beverly Howard or Larine Moore, 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) 586-9387; (202) 586-9478. Cassandra S. Bernstein, U.S. Department of Energy, Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, Room 6D-033, 1000 Independence Ave. SW, Washington, DC 20585, (202) 586-9793. SUPPLEMENTARY INFORMATION: DOE/FE Evaluation In the Application, Galveston Bay LNG requests authorization to export LNG from the proposed Galveston Bay LNG Project to both FTA countries and non-FTA countries. This Notice applies only to the portion of the Application requesting authority to export LNG to non- FTA countries pursuant to section 3(a) of the NGA, 15 U.S.C. 717b(a). DOE separately will review the portion of the Application requesting authority to export LNG to FTA countries pursuant to section 3(c) of the NGA, 15 U.S.C. 717b(c). In reviewing Galveston Bay LNG's request for a non-FTA export authorization, DOE will consider any issues required by law or policy. DOE will consider domestic need for the natural gas, as well as any other issues determined to be appropriate, including whether the arrangement is consistent with DOE's policy of promoting competition in the marketplace by allowing commercial parties to freely negotiate their own trade arrangements. As part of this analysis, DOE will consider the following two studies examining the cumulative impacts of exporting domestically produced LNG:Effect of Increased Levels of Liquefied Natural Gas on U.S. Energy Markets, conducted by the U.S. Energy Information Administration upon DOE's request (2014 EIA LNG Export Study); \1\ and --------------------------------------------------------------------------- \1\ The 2014 EIA LNG Export Study, published on Oct. 29, 2014, is available at: https://www.eia.gov/analysis/requests/fe/. --------------------------------------------------------------------------- The Macroeconomic Impact of Increasing U.S. LNG Exports, conducted jointly by the Center for Energy Studies at Rice University's Baker Institute for Public Policy and Oxford Economics, on behalf of DOE (2015 LNG Export Study).\2\ --------------------------------------------------------------------------- \2\ The 2015 LNG Export Study, dated Oct. 29, 2015, is available at: http://energy.gov/sites/prod/files/2015/12/f27/20151113_macro_impact_of_lng_exports_0.pdf. --------------------------------------------------------------------------- Additionally, DOE will consider the following environmental documents: Addendum to Environmental Review Documents Concerning Exports of Natural Gas From the United States, 79 FR 48132 (Aug. 15, 2014); \3\ and --------------------------------------------------------------------------- \3\ The Addendum and related documents are available at: https://energy.gov/fe/addendum-environmental-review-documents-concerning-exports-natural-gas-united-states. --------------------------------------------------------------------------- Life Cycle Greenhouse Gas Perspective on Exporting Liquefied Natural Gas from the United States, 79 FR 32260 (June 4, 2014).\4\ --------------------------------------------------------------------------- \4\ The Life Cycle Greenhouse Gas Report is available at: http://energy.gov/fe/life-cycle-greenhouse-gas-perspective-exporting-liquefied-natural-gas-united-states. --------------------------------------------------------------------------- Parties that may oppose this Application should address these issues and documents in their comments and/or protests, as well as other issues deemed relevant to the non-FTA portion of the Application. The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., requires DOE to give appropriate consideration to the environmental effects of its proposed decisions. No final decision will be issued in this proceeding until DOE has met its environmental responsibilities. Public Comment Procedures In response to this Notice, any person may file a protest, comments, or a motion to intervene or notice of intervention, as applicable, regarding the non-FTA export portion of the Application. Interested persons will be provided 60 days from the date of publication of this Notice in which to submit comments, protests, motions to intervene, notices of intervention. Any person wishing to become a party to the proceeding must file a motion to intervene or notice of intervention. The filing of comments or a protest with respect to the Application will not serve to make the commenter or protestant a party to the proceeding, although protests and comments received from persons who are not parties will be considered in determining the appropriate action to be taken on the Application. All protests, comments, motions to intervene, or notices of intervention must meet the requirements specified by the regulations in 10 CFR part 590. Filings may be submitted using one of the following methods: (1) Emailing the filing to fergas@hq.doe.gov, with FE Docket No. 17-167-LNG in the title line; (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 FE Docket No. 17-167-LNG. 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. A decisional record on the Application will be developed through responses to this Notice by parties, including the parties' written comments and replies thereto. Additional procedures will be used as necessary to achieve a complete understanding of the facts and issues. If an additional procedure is scheduled, notice will be provided to all parties. If no party requests additional procedures, a final [[Page 4475]] Opinion and Order may be issued based on the official record, including the Application and responses filed by parties pursuant to this Notice, in accordance with 10 CFR 590.316. The Application is 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 Application and any filed protests, motions to intervene or notice of interventions, 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 January 26, 2018. Robert J. Smith, Deputy Assistant Secretary for Oil and Natural Gas (Acting). [FR Doc. 2018-01895 Filed 1-30-18; 8:45 am] BILLING CODE 6450-01-P
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to respond to, nor shall a person be FOR FURTHER INFORMATION CONTACT: USPTO website at https://
subject to a penalty for failure to comply Robert A. Clarke, Editor of the MPEP by www.uspto.gov/web/offices/pac/mpep/
with, a collection of information subject telephone (571–272–7735) or by email old/index.htm.
to the requirements of the Paperwork (Robert.Clarke@uspto.gov) or Linda Dated: January 25, 2018.
Reduction Act, unless that collection of Therkorn, Patent Examination Policy Joseph Matal,
information displays a currently valid Advisor by telephone (571–272–7837)
Associate Solicitor, performing the functions
OMB Control Number. or by email (Linda.Therkorn@ and duties of the Under Secretary of
For further information please uspto.gov). Commerce for Intellectual Property and
contact: Vidya Desai, Senior Advisor for SUPPLEMENTARY INFORMATION: The Director of the United States Patent and
Trade Events, Trade Promotion USPTO issued a revision to the ninth Trademark Office.
Programs (IBP2019@trade.gov). edition of the MPEP in January 2018, [FR Doc. 2018–01866 Filed 1–30–18; 8:45 am]
Frank Spector, which provides USPTO patent BILLING CODE 3510–16–P
Trade Promotion Programs. examiners, applicants, attorneys, agents,
[FR Doc. 2018–01869 Filed 1–30–18; 8:45 am]
representatives of applicants, and other
members of the public with a reference DEPARTMENT OF ENERGY
BILLING CODE 3510–DR–P
work on the practices and procedures
[FE Docket No. 17–167–LNG]
relative to the prosecution of patent
DEPARTMENT OF COMMERCE applications before the USPTO. The Galveston Bay LNG, LLC; Application
MPEP contains instructions to for Long-Term, Multi-Contract
Patent and Trademark Office examiners, as well as other material in Authorization To Export Liquefied
the nature of information and Natural Gas to Non-Free Trade
[Docket No.: PTO–P–2017–0051] interpretation, and outlines the current Agreement Nations
procedures which the examiners are
Manual of Patent Examining required or authorized to follow in AGENCY: Office of Fossil Energy, DOE.
Procedure, Ninth Edition, Revision of appropriate cases in the normal ACTION: Notice of application.
January 2018 examination of a patent application.
Although the MPEP does not have the SUMMARY: The Office of Fossil Energy
AGENCY: United States Patent and force of law or the force of the rules in (FE) of the Department of Energy (DOE)
Trademark Office, Commerce. Title 37 of the Code of Federal gives notice of receipt of an application
ACTION: Notice. Regulations, it ‘‘is well known to those (Application), filed on December 22,
registered to practice in the PTO and 2017, by Galveston Bay LNG, LLC
SUMMARY: The United States Patent and reflects the presumptions under which (Galveston Bay LNG), requesting long-
Trademark Office (‘‘USPTO’’) issued a the PTO operates.’’ Critikon, Inc. v. term, multi-contract authorization to
revision of the ninth edition of the Becton Dickinson Vascular Access, Inc., export domestically produced liquefied
Manual of Patent Examining Procedure 120 F.3d 1253, 1257 (Fed. Cir. 1997). natural gas (LNG) in a volume
(‘‘MPEP’’) in January 2018 to provide In the January 2018 revision, sections equivalent to 785.7 billion cubic feet
updated information on patent of chapters 200, 700–1000, 1200, 1400, (Bcf) per year of natural gas. Galveston
examination policy and procedure 1500, 1800, 2000–2300, 2500, and 2700 Bay LNG seeks authorization to export
(‘‘January 2018 revision’’). The MPEP is have been updated. The updated this LNG from its proposed natural gas
published to provide patent examiners sections have a revision indicator of [R– liquefaction facility to be located in
and the public with a reference work on 08.2017], meaning these sections have Texas City, Texas (Galveston Bay LNG
the practices and procedures relative to been updated to reflect USPTO patent Project).
the prosecution of patent applications practice and relevant case law as of Galveston Bay LNG seeks
before the USPTO. The MPEP contains August 31, 2017. In addition, Chapter authorization to export this LNG to
instructions to examiners, as well as FPC (the Form Paragraph Book), the countries with which trade is not
other material in the nature of Table of Contents, Foreword, prohibited by U.S. law or policy,
information and interpretation, and Introduction, Subject Matter Index, and including both countries with which the
outlines the current procedures which all Appendices except Appendix I and United States has entered into a free
the examiners are required or Appendix P have been updated. The trade agreement (FTA) requiring
authorized to follow in appropriate changes in the January 2018 revision are national treatment for trade in natural
cases in the normal examination of a discussed in the Change Summary for gas (FTA countries) and all other
patent application. the Ninth Edition, Revision 08.2017. countries (non-FTA countries).
ADDRESSES: The USPTO prefers that The policies stated in the January 2018 Galveston Bay LNG requests the non-
suggestions for improving the form and revision supersede any policies stated in FTA authorization for a term of 20
content of the MPEP be submitted via prior editions, including revisions, of years, to begin on the date of first export
email to mpepfeedback@uspto.gov or the MPEP to the extent that there is any following the commencement of
via the IdeaScale® tool available at: conflict. operations or seven years from the date
https://uspto-mpep.ideascale.com/a/ The January 2018 revision of the of a final order granting export
index. Written comments may also be ninth edition of the MPEP may be authorization, whichever is first. In
submitted by mail addressed to: viewed or downloaded free of charge addition, Galveston Bay LNG is
Commissioner for Patents, P.O. Box from the USPTO website at https:// requesting that it be afforded a three-
sradovich on DSK3GMQ082PROD with NOTICES
1450, Alexandria, VA 22313–1450, www.uspto.gov/web/offices/pac/mpep/ year make-up period for the purpose of
marked to the attention of Editor, and is available to search online at exporting any volume it is unable to
Manual of Patent Examining Procedure. http://mpep.uspto.gov. Archived copies export during the original export period,
The USPTO prefers that any comments of each of the prior revisions and consistent with DOE/FE precedent.
or suggestions specifically directed to editions of the MPEP continue to be Galveston Bay LNG further requests this
subject matter eligibility be directed to: available for reference. Links to the authorization on its own behalf and as
2014_interim_guidance@uspto.gov. archived copies are available on the agent for other entities who hold title to
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![Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices 4475
Opinion and Order may be issued based including both countries with which the requested authorization, when added to
on the official record, including the United States has entered into a free any volumes exported under FLEX’s
Application and responses filed by trade agreement (FTA) requiring existing long-term export
parties pursuant to this Notice, in national treatment for trade in natural authorizations, will not exceed the
accordance with 10 CFR 590.316. gas (FTA countries) and all other maximum volumes approved under
The Application is available for countries (non-FTA countries). FLEX those DOE/FE authorizations in any
inspection and copying in the Office of seeks to export this LNG both before and annual (consecutive 12-month) period.
Regulation and International after commercial operations at the
DOE/FE Evaluation
Engagement docket room, Room 3E– Liquefaction Project begin. FLEX
042, 1000 Independence Avenue SW, requests this authorization on its own The portion of the Application
Washington, DC 20585. The docket behalf and as agent for other entities seeking authority to export LNG on a
room is open between the hours of 8:00 who hold title to the natural gas at the short-term basis to non-FTA countries
a.m. and 4:30 p.m., Monday through time of export. Additional details can be will be reviewed pursuant to section
Friday, except Federal holidays. The found in FLEX’s Application, posted on 3(a) of the NGA, 15 U.S.C. 717b(a), and
Application and any filed protests, the DOE/FE website at: https:// DOE will consider any issues required
motions to intervene or notice of energy.gov/fe/downloads/freeport-lng- by law or policy. In reviewing this
interventions, and comments will also expansion-lp-fe-dkt-no-18-03-lng. Application, DOE will consider
be available electronically by going to Protests, motions to intervene, notices domestic need for the natural gas, as
the following DOE/FE web address: of intervention, and written comments well as any other issues determined to
http://www.fe.doe.gov/programs/ are invited. be appropriate, including whether the
gasregulation/index.html. DATES: Protests, motions to intervene or arrangement is consistent with DOE’s
Issued in Washington, DC, on January 26, notices of intervention, as applicable, policy of promoting competition in the
2018. requests for additional procedures, and marketplace by allowing commercial
Robert J. Smith, written comments are to be filed using parties to freely negotiate their own
procedures detailed in the Public trade arrangements. As part of this
Deputy Assistant Secretary for Oil and
Natural Gas (Acting). Comment Procedures section no later analysis, DOE will consider the
than 4:30 p.m., Eastern time, March 2, following two studies examining the
[FR Doc. 2018–01895 Filed 1–30–18; 8:45 am]
2018. cumulative impacts of exporting
BILLING CODE 6450–01–P
ADDRESSES: domestically produced LNG:
Electronic Filing by email: fergas@ • Effect of Increased Levels of
hq.doe.gov. Liquefied Natural Gas on U.S. Energy
DEPARTMENT OF ENERGY
Regular Mail: U.S. Department of Markets, conducted by the U.S. Energy
[FE Docket No. 18–03–LNG] Energy (FE–34), Office of Regulation Information Administration upon DOE’s
and International Engagement, Office of request (2014 EIA LNG Export Study); 1
Freeport LNG Expansion, L.P., et al.; Fossil Energy, P.O. Box 44375, and
Application for Blanket Authorization Washington, DC 20026–4375. • The Macroeconomic Impact of
To Export Liquefied Natural Gas to Hand Delivery or Private Delivery Increasing U.S. LNG Exports, conducted
Non-Free Trade Agreement Countries Services (e.g., FedEx, UPS, etc.): U.S. jointly by the Center for Energy Studies
on a Short-Term Basis Department of Energy (FE–34), Office of at Rice University’s Baker Institute for
AGENCY: Office of Fossil Energy, DOE. Regulation and International Public Policy and Oxford Economics, on
Engagement, Office of Fossil Energy, behalf of DOE (2015 LNG Export
ACTION: Notice of application. Study).2
Forrestal Building, Room 3E–042, 1000
SUMMARY: The Office of Fossil Energy Independence Avenue SW, Washington, Additionally, DOE will consider the
(FE) of the Department of Energy (DOE) DC 20585. following environmental documents:
gives notice of receipt of an application FOR FURTHER INFORMATION CONTACT:
• Addendum to Environmental
(Application), filed on January 4, 2018, Kyle W. Moorman or Larine Moore, Review Documents Concerning Exports
by Freeport LNG Expansion, L.P., FLNG U.S. Department of Energy (FE–34) of Natural Gas From the United States,
Liquefaction LLC, FLNG Liquefaction 2, Office of Regulation and International 79 FR 48132 (Aug. 15, 2014); 3 and
LLC, and FLNG Liquefaction 3, LLC Engagement, Office of Fossil Energy, • Life Cycle Greenhouse Gas
(collectively, FLEX). The Application Forrestal Building, Room 3E–042, 1000 Perspective on Exporting Liquefied
requests blanket authorization to export Independence Avenue SW, Washington, Natural Gas from the United States, 79
domestically produced liquefied natural DC 20585, (202) 586–7970; (202) 586– FR 32260 (June 4, 2014).4
gas (LNG) in an amount up to the 9478. Parties that may oppose this
equivalent of 782 billion cubic feet (Bcf) Cassandra Bernstein, U.S. Department Application should address these issues
of natural gas on a cumulative basis over of Energy (GC–76) Office of the and documents in their comments and/
a two-year period, commencing on the Assistant General Counsel for Electricity
1 The 2014 EIA LNG Export Study, published on
earlier of the date of first short-term and Fossil Energy, Forrestal Building, Oct. 29, 2014, is available at: https://www.eia.gov/
export or September 1, 2018. The LNG 1000 Independence Avenue SW, analysis/requests/fe/.
would be exported from the Freeport Washington, DC 20585, (202) 586–9793. 2 The 2015 LNG Export Study, dated Oct. 29,
LNG Liquefaction Project (Liquefaction SUPPLEMENTARY INFORMATION: FLEX 2015, is available at: http://energy.gov/sites/prod/
files/2015/12/f27/20151113_macro_impact_of_lng_
Project), which is currently under requests a short-term blanket
sradovich on DSK3GMQ082PROD with NOTICES
exports_0.pdf.
construction at the Freeport LNG authorization to export LNG produced 3 The Addendum and related documents are
Terminal on Quintana Island, Texas. prior to the start of commercial available at: http://energy.gov/fe/draft-addendum-
FLEX requests authorization to export operations at its Liquefaction Project, as environmental-review-documents-concerning-
the LNG to any country with the well as after commercial operations exports-natural-gas-united-states.
4 The Life Cycle Greenhouse Gas Report is
capacity to import LNG via ocean-going begin (as market opportunities arise). available at: http://energy.gov/fe/life-cycle-
carrier and with which trade is not FLEX commits that the short-term greenhouse-gas-perspective-exporting-liquefied-
prohibited by U.S. law or policy, volumes to be exported under the natural-gas-united-states.
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Document Created: 2018-01-31 00:57:29
Document Modified: 2018-01-31 00:57:29
| 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 application. | |
| Dates | Protests, motions to intervene or notices of intervention, as applicable, requests for additional procedures, 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 | Beverly Howard or Larine Moore, 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) 586-9387; (202) 586-9478. | |
| FR Citation | 83 FR 4473 |
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