[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Rules and Regulations]
[Pages 9344-9348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4407]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[USCG 2004-16877]


Cabrillo Port Liquefied Natural Gas Deepwater Port License 
Application; Environmental Impact

AGENCY: United States Coast Guard, DHS; Maritime Administration, DOT.

ACTION: Notice of intent; notice of preparation; notice of public 
meetings; and request for public comments.

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SUMMARY: The Coast Guard and the Maritime Administration (MARAD) 
announce their intent to prepare a joint environmental impact 
statement/environmental impact report (EIS/EIR), pursuant to a 
Memorandum of Agreement with the California State Lands Commission 
(CSLC), in connection with this application for a proposed liquefied 
natural gas (LNG) deepwater port (DWP) that would be located 
approximately 13.9 miles offshore of Ventura County, California. The 
joint EIS/EIR will be prepared with the CSLC because the applicant has 
also filed a CSLC land lease application for subsea pipelines through 
State waters to deliver natural gas to shore. The joint EIS/EIR will 
meet the requirements of both the National Environmental Policy Act 
(NEPA) and the California Environmental Quality Act (CEQA). This notice 
announces public meetings to be held in connection with the joint EIS/
EIR, requests public comment on the scope of the joint EIS/EIR, and 
serves as a notice of preparation (NOP) for the purposes of California 
law.

DATES: Comments or related material must be received by March 31, 2004, 
at 2 p.m. Pacific Standard Time. Meeting dates are March 15, 2004, 
(Oxnard, California) and March 16, 2004 (Malibu, California).

ADDRESSES: The Coast Guard, MARAD, and CSLC will conduct an open house, 
followed by a public scoping meeting, to receive oral or written 
testimony at the following times and places: Monday, March 15, 2004, 
Oxnard Performing Arts Center, 800 Hobson Way, Oxnard, California 
93030, (805) 486-2424.
    Open House: 9:30 a.m. to 11:30 a.m., and 4 p.m. to 6 p.m.
    Public Scoping Meetings: 12 p.m. to 3 p.m., and 6:30 p.m. to 9:30 
p.m.
    Tuesday, March 16, 2004, Malibu High School Auditorium, 30215

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Morningview Drive, Malibu, California 90265, (310) 457-6801.
    Open House: 4 p.m. to 6 p.m.
    Public Scoping Meeting: 6:30 p.m. to 9:30 p.m.
    All public scoping meeting spaces will be wheelchair-accessible. 
Individuals may request special accommodations for the public scoping 
meetings, such as real-time translation. Contact Cy Oggins, CSLC, at 
(916) 574-1884 or [email protected] if special accommodations are 
required. Requests should be made as soon as possible but at least 
three (3) business days before the scheduled meeting. Include the name 
and telephone number of the contact person, the timelines for 
requesting accommodations, and a TDD number that can be used by 
individuals with hearing impairments.
    It is not necessary to present comments at more than one meeting. 
One need not attend a meeting in order to comment. Comments may also be 
sent using one of the following methods (identify the subject of the 
comment by using the docket number, USCG-2004-16877):
    (1) Electronically through the Web site for the Docket Management 
System, at http://dms.dot.gov.
    (2) By mail to the Docket Management Facility, U.S. Department of 
Transportation, Room PL-401, 400 Seventh Street SW., Washington, DC 
20590-0001.
    (3) By fax to the Docket Management Facility at (202) 493-2251.
    (4) By delivery to Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, from 9 a.m. to 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.
    The Docket Management Facility maintains the public docket for this 
notice. Comments and material received from the public will become part 
of this docket and will be available for inspection or copying in Room 
PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street 
SW., Washington, D.C., from 9 a.m. to 5 p.m. Monday through Friday, 
except Federal holidays. This docket may also be found on the Internet 
at http://dms.dot.gov.
    (5) In addition, comments may be made by mail or email to Cy 
Oggins, California State Lands Commission, 100 Howe Avenue, Suite 100-
South, Sacramento, California 95825; [email protected] or 
electronically through the project Web site at http://www.cabrilloport.ene.com. Include the docket number, USCG-2004-16877, 
and State Clearinghouse number. However, if one of these comment 
submittal methods is used, the comment will also be entered in the 
Docket Management Facility docket.

FOR FURTHER INFORMATION CONTACT: Information pertaining to the proposed 
Cabrillo Port Project is available online at http://dms.dot.gov, http://www.slc.ca.gov, or http://www.cabrilloport.ene.com. Questions 
regarding the proposed Project, the license application process, or the 
EIS/EIR process may be directed to Commander Mark Prescott, USCG, (202) 
267-0225 ([email protected]), Keith Lesnick, MARAD, 202-366-1624 
([email protected]) or Cy Oggins, CSLC, (916) 574-1884 
([email protected]). Questions regarding viewing or submitting 
materials to the docket may be directed to Andrea M. Jenkins, Program 
Manager, Docket Operations, (202) 366-0271.
    This public notice may be requested in an alternative format, such 
as Spanish translation, audiotape, large print, or Braille. Contact Cy 
Oggins, CSLC, (916) 574-1884 ([email protected]), or visit http://www.cabrilloport.ene.com.

SUPPLEMENTARY INFORMATION:

Public Meetings and Request for Comments

    As discussed under ADDRESSES, the Coast Guard, MARAD, and CSLC plan 
to conduct meetings related to preparation of the joint EIS/EIR for the 
proposed Project. The open houses will be informal opportunities to ask 
questions and receive information regarding the Project. The public 
scoping meetings will be structured to provide interested members of 
the public with an opportunity to present comments regarding the 
approach and conduct of the environmental analysis. Speakers at the 
public scoping meetings will be recognized in the following order: 
elected officials, public agencies, individuals or groups in the sign-
up order, and anyone else who wishes to speak. Speakers may be asked to 
limit their oral comments to three (3) minutes in order to afford 
everyone an opportunity to speak. Written comments will also be 
accepted. Please notify Cy Oggins, CSLC, (916) 574-1884 
([email protected]), as soon as possible, but at least three (3) 
business days before the scheduled meeting, if translation of written 
materials is required.
    The Coast Guard, MARAD, and CSLC also encourage submittal of 
comments and related material regarding this notice using one of the 
methods described under ADDRESSES. The Coast Guard, MARAD, and CSLC are 
most interested in receiving comments that identify potentially 
significant impacts, alternatives, or mitigation measures that should 
be taken into account in determining the scope of the joint EIS/EIR.

Background Information

    A notice of application for the proposed Cabrillo Port DWP was 
published in the Federal Register (FR) on January 27, 2004 (69 FR 
3934). Consult that notice for additional information regarding the 
proposed DWP and the moorings that would be installed on the floor of 
the Pacific Ocean approximately 13.9 miles offshore of Ventura County, 
California.
    Congress first authorized DWPs in 1974. Federal law (33 United 
States Code [U.S.C.] 1501 et seq.) defines a DWP as any fixed or 
floating manmade structure other than a vessel, or any group of such 
structures, that is located beyond State seaward boundaries, and that 
is used or intended for use as a port or terminal for the 
transportation, storage, or further handling of oil or natural gas for 
transportation to any state. All DWPs require Federal licenses, which 
may be granted or denied by the Maritime Administrator based on an 
application process administered by the Coast Guard and MARAD. Part of 
that process involves assessment of the proposed DWP's environmental 
impact, in compliance with the National Environmental Policy Act (NEPA) 
of 1969 (42 U.S.C. 4332), and in consultation with States that are 
adjacent to the proposed DWP's location. For the purposes of the 
Cabrillo Port application, California is an adjacent State. The Coast 
Guard has determined that compliance with the NEPA requires preparation 
of an EIS. The CSLC has determined that the proposed DWP would need a 
CSLC land lease for subsea pipelines through State waters to deliver 
the natural gas to shore, and that compliance with the California 
Environmental Quality Act (CEQA) requires preparation of an EIR. 
Because of the many similarities between an EIS and an EIR, the Coast 
Guard (in coordination with MARAD) and CSLC have agreed to cooperate in 
preparing a single document that can satisfy both the NEPA and the 
CEQA. For the State of California's purposes, this notice serves as an 
NOP, notice of public scoping meetings, and request for comments.

Proposed Action

    The Applicant is proposing to construct and operate an offshore 
floating storage and regasification unit (FSRU) that would be moored in 
Federal

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waters approximately 13.9 miles offshore of Ventura County in 2,900 
feet of water. As proposed, LNG from the Pacific basin would be 
delivered by tanker to, and offloaded onto, the FSRU; re-gasified; and 
delivered onshore via two new 21.1-mile- (33.8-kilometer-) long, 24-
inch-diameter natural gas pipelines laid on the ocean floor. These 
pipelines would come onshore at Ormond Beach near Oxnard, Ventura 
County. New 14.9-mile- (24-kilometer-) and 7.4-mile- (11.9- kilometer-) 
long pipeline loops would also be constructed to connect the offshore 
pipeline with the existing Southern California Gas Company intrastate 
pipeline system to distribute natural gas throughout the Southern 
California region. The facilities would be designed to deliver a peak 
of up to 1.5 billion cubic feet per day (bcf/d), with an anticipated 
average rate of 0.6 to 0.9 bcf/d.
    The DWP's offloading facilities would be designed to accommodate 
LNG carriers ranging in capacity from 100,000 to 220,000 cubic meters 
(m3). The FSRU would be permanently moored, and would use a 
turret system (a tower-like revolving structure) to allow the FSRU to 
weathervane (rotate) around a fixed point. The FSRU, which would be 
designed for loading LNG from a side-by-side, moored LNG tanker, would 
be shaped like another vessel, double-sided, double-bottomed, and 938 
feet (286 meters) long and 213 feet (65 meters) wide, with a 
displacement of approximately 190,000 deadweight tons.
    Ships would be berthed and unloaded on the starboard side of the 
FSRU. The FSRU would store LNG in three Moss spherical tanks. Each tank 
would have a 91,000-m3 LNG storage capacity, and the total 
FSRU LNG storage capacity would be 273,000 m\3\. Onboard utilities and 
systems associated with FSRU operations would include electric power 
generation and distribution, instrumentation and controls, and fire and 
safety systems. According to the applicant, the DWP would include all 
marine systems, communications, navigation aids, and equipment 
necessary to safely conduct LNG carrier operations and receive product. 
This will be independently analyzed in the EIS/EIR.
    A 200-foot- (60.9-meter-) wide right-of-way would be set aside for 
the construction, with permanent rights-of-way in all offshore areas in 
which the 24-inch (0.762-meter) pipelines would be laid. The submarine 
pipelines would be buried from the 13-meter water depth approximately 
0.3 mile (0.48 kilometer) offshore to its landfall at Ormond Beach 
within the city limits of Oxnard, and would be installed using the 
horizontal directional drilling technique. The underground pipelines 
would pass beneath Ormond Beach east of the Reliant Ormond Beach 
Generating Station in Oxnard. Gas would be metered at a small facility 
located inland approximately 0.4 mile (0.64 kilometer). The facility 
would include a metering station, pig launcher/receiver, and odorant 
station. The onshore pipeline would continue through Ventura County 
into Los Angeles County. It would be constructed mainly adjacent to 
existing rights-of-way.
    The Coast Guard and CSLC intend to prepare a joint EIS/EIR 
consistent, with the Deepwater Port Act (DWPA) of 1974, as amended (33 
U.S.C. 1501 et seq.); the NEPA (Section 102[2][c]), as implemented by 
Council on Environmental Quality regulations (40 Code of Federal 
Regulations 1500 to 1508); DOT Order 5610.1C (``Procedures for 
Considering Environmental Impacts''); Coast Guard policy (Commandant's 
Instruction M16475.1D); and the CEQA (California Public Resources Code 
Sec. Sec.  21000 et seq.) as implemented by the State CEQA Guidelines 
(14 California Code of Regulations Sec. Sec.  15000 et seq.).
    The environmental review and analysis will be performed according 
to the timeline prescribed by the DWPA. These activities must be 
completed within 356 days. The period to complete all NEPA/CEQA 
documents is approximately 240 days. This timeline will govern the 
activities related to the processing of the license application and the 
completion of all NEPA- and CEQA-related actions needed to support the 
decision regarding whether to approve, approve with conditions, or 
disapprove the proposed license/lease.

Currently Identified Environmental Issues

    The NEPA and CEQA require agencies to consider environmental 
impacts that may result from a proposed action, to inform the public of 
potential impacts and alternatives, and to facilitate public 
involvement in the assessment process. The EIS/EIR for Cabrillo Port 
will describe in detail the nature and extent of the environmental 
impacts of the proposed action and each alternative, and will discuss 
appropriate mitigation measures for any adverse impacts. The EIS/EIR 
will include, among other matters, discussions of the purpose and need 
for the proposed action, a description of alternatives, a description 
of the affected environment, an evaluation of the environmental impacts 
of the proposed action and alternatives, and explanations of proposed 
mitigation. The EIS/EIR will assess the impacts of the alternatives on 
the natural and human environment, including approving or not approving 
(no-action alternative) the license application to construct and 
operate the DWP.
    The EIS/EIR will consider a reasonable range of alternatives, 
including the no-action/no project alternative, which for this Project 
would mean that MARAD would not approve the application for the DWP and 
CSLC would not approve the application for the lease of the subsea 
pipelines right-of-way.
    Environmental issues that will require detailed analysis include, 
but are not necessarily limited to: Aesthetics
     Alteration of the viewshed by construction and operations.

Air Quality

     Impacts on regional air quality, including visibility and 
other resources in sensitive Federal Class I areas (e.g., Channel 
Islands National Park).

Geological Resources and Soils

     Impacts on facilities from seismic hazards;
     Impacts on onshore facilities from liquefaction;
     Erosion and dust; and
     Sand migration and scour at Ormond Beach.

Hazardous Materials (HAZMAT)

     Impacts from HAZMAT spills (including petroleum, LNG, 
hydrocarbons, fuels, lubricant, urea, paints, solvents, and sanitary 
waste).

Marine Transportation

     Disruption in marine transportation, adversely affecting 
existing ship traffic to and from the ports of Port Hueneme and Oxnard;
     Potential navigational hazards to marine traffic; and
     An increase in tanker travel to and from the FSRU, which 
could disrupt marine traffic to local ports or harbors.

Marine Biology

     Vessels potentially striking sea turtles and marine 
mammals;
     Crushing and displacement of benthic communities during 
construction; and
     Effects of increases in turbidity and changes in water 
quality, lights, and noise.

Recreation

     Impacts on boating and commercial and recreational fishing 
opportunities;
     Recreational areas possibly being impacted by noise and/or 
dust generated during construction;

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     Access to the beach or ocean; and
     Permanent and temporary areas of restricted access around 
the FSRU.

Hazards and Risk/Safety

     LNG releases resulting in potential impacts on third 
parties from fire, radiant energy, or ignitable gas clouds (mainly to 
passengers of small craft operating near the FSRU);
     Effects of ``cold water'' resulting from LNG release to 
marine mammals; and
     Effects of pipeline failures on humans, property, and 
marine and terrestrial ecosystems.
    The EIS/EIR will include an independent, site-specific risk 
assessment.

Noise

     Potential increases in noise levels due to project 
construction and operation; and
     Effects of noise on local residents, recreationists, 
passengers and crews on marine vessels, and marine mammals.

Terrestrial and Freshwater Biology

     Impacts from construction or operation on wetlands and 
other habitats, and sensitive species, within the proposed pipeline 
landing and corridor areas.

Water Quality

     Impacts from LNG or HAZMAT spills, increases in turbidity, 
or unearthing of contaminated sediments; and
     Increases in shoreline erosion during construction and 
operation.

Environmental Justice

     Potential disproportionate effects on minority and low-
income populations within the Project area.
    The EIS/EIR will identify any relevant populations that might be 
disproportionately affected by the proposed Project, and ensure that a 
range of reasonable alternatives is identified.

Agricultural Resources

     Disruption of existing farmland and prime farmland located 
in the Ormond Beach area and along the onshore pipeline rights-of-way.

Cultural Resources

     Potential adverse and cumulative adverse effects on 
existing and as yet unidentified cultural resources, offshore and 
onshore.

Energy and Mineral Resources

     Restriction of future availability of exploitable oil and 
gas resources (and associated government royalties) due to 
infrastructure development and restricted access.

Land Use and Traffic

     Conflicts with existing land uses, especially in coastal 
areas designated for recreational purposes (Ormond Beach);
     Impacts on farmland and agricultural areas in Oxnard;
     Impacts on marine resources off the coast of Oxnard, 
including the Channel Islands National Marine Sanctuary and Channel 
Islands National Park; and
     Disruptions to traffic use and patterns.

Population and Housing

     Impacts on the existing community character and 
development, population, housing, infrastructure and social services, 
employment, and the regional economic base.
    Cumulative Impacts: The EIS/EIR will evaluate the cumulative 
effects of the Project associated with each environmental issue area. 
These include the incremental effects of past projects, other current 
projects, and probable future projects, including the offshore LNG 
facility proposed by Crystal Energy and the Sound Energy Solutions LNG 
project proposed for the Port of Long Beach, along with the cumulative 
effects of other major projects in the area.
    No-Action/No Project Alternative: The EIS/EIR will examine the 
impacts of not approving the DWP license application.
    Alternative Offshore Locations: The EIS/EIR will consider an 
alternative location in the vicinity of the proposed Project, and other 
locations adjacent to the California coast. Local alternatives include 
sites near the Santa Barbara Channel and Anacapa Island.
    Land-Based Alternatives: The California Legislature mandated the 
evaluation of land-based LNG sites. Land-based alternatives previously 
considered by California agencies will be considered again, including 
sites at Point Conception and Camp Pendleton.
    Alternative Technologies: Alternative Project technologies, 
including open-rack vaporizers and alternative floating facility 
designs, also will be evaluated.
    Alternative Pipeline Routes: The EIS/EIR will also evaluate an 
alternative submarine pipeline route and an alternative onshore 
pipeline route.
    The major Federal and State permit, approval, and consultation 
requirements for Cabrillo Port include, but are not necessarily limited 
to, the following:
Federal
     DOT/MARAD--DWP license;
     DHS/U.S. Coast Guard--DWP license;
     U.S. Environmental Protection Agency (EPA)--Title V 
Federal operating permit and Prevention of Significant Deterioration 
preconstruction review;
     EPA--Clean Water Act (CWA) stormwater and wastewater 
discharge permits;
     Advisory Council on Historic Preservation--Section 106, 
National Historic Preservation Act (NHPA);
     U.S. Army Corps of Engineers (USACE)--Waterways permit 
under Section 404, CWA;
     USACE--Section 10, Rivers and Harbors Act;
     U.S. Fish and Wildlife Service--Section 7, Endangered 
Species Act (ESA);
     National Oceanic and Atmospheric Administration (NOAA), 
NOAA Fisheries--Section 7, ESA;
     NOAA Fisheries--Magnuson-Stevens Fishery and Conservation 
and Management Act;
     NOAA Fisheries--Marine Mammal Protection Act; and
     Federal Communication Commission--Telecommunications 
license.
California
     CSLC--Right-of-way lease;
     California Coastal Commission--Compliance with California 
Coastal Act and consistency with California Coastal Management Program;
     California Department of Transportation--Encroachment 
permits;
     Los Angeles Regional Water Quality Control Board (RWQCB)--
CWA Section 401 certification;
     Los Angeles RWQCB--Hydrostatic test water discharge 
permit;
     California Department of Fish and Game--California ESA 
consultation and stream alteration agreements; and
     State Historic Preservation Officer--Section 106 NHPA 
consultation.

Availability of EIS/EIR

    A notice of availability (NOA) will be published in the Federal 
Register when the draft EIS/EIR is available, and CSLC will issue 
notices of availability and completion. The draft EIS/EIR in hard-copy 
or electronic format will be distributed to agencies and interested 
parties that have requested copies. Anyone who wishes to comment on the 
draft report will be provided with an opportunity to review the draft 
EIS/EIR and to offer comments on the environmental effects of the 
Project. Comments received during the draft EIS/EIR review period will 
be available in the public docket and responded to in the final EIS/
EIR. An NOA of the final EIS/EIR will also be published in

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the Federal Register, and CSLC will issue notices of availability and 
completion.

    Dated: February 24, 2004
Joseph J. Angelo,
Director of Standards, Marine Safety, Security and Environmental 
Protection, U.S. Coast Guard.
Raymond R. Barberesi,
Director, Office of Ports and Domestic Shipping, U.S. Maritime 
Administration.
[FR Doc. 04-4407 Filed 2-24-04; 2:45 pm]
BILLING CODE 4910-15-P