[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 982-984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-291]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[USCG-2007-28535]


Atlantic Sea Island Group LLC, Safe Harbor Energy Liquefied 
Natural Gas Deepwater Port License Application

AGENCY: Maritime Administration, DOT.

ACTION: Notice of intent; notice of public meeting; request for 
comments.

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SUMMARY: The Maritime Administration announces that the Coast Guard, in 
coordination with the Maritime Administration, will prepare an 
environmental impact statement (EIS) as part of the environmental 
review of this license application. The application describes a project 
that would be located approximately 13.5 miles south of the City of 
Long Beach, New York, 19 miles east of Highlands, New Jersey, and 23 
miles southeast of the Ports of New York and New Jersey. The proposed 
port would consist of a 60.5 acre island at the surface, 116 to 140 
acres at its base and constructed in approximately 60 to 70 feet of 
water covering the area known as Cholera Bank.
    The EIS will be prepared with the New York State Department of 
Environmental Conservation (NYSDEC) as a cooperating agency in the 
environmental review with the Coast Guard. The EIS will meet the 
requirements of both the National Environmental Policy Act (NEPA) and 
the New York State Environmental Quality Review Act (SEQRA). In 
addition, the Coast Guard and the Maritime Administration will be 
working with appropriate state agency representatives from New Jersey 
to ensure potential impacts and concerns of New Jersey are addressed in 
the EIS.
    Publication of this notice begins a 30 day scoping process that 
will assist in the identification and determination of the 
environmental issues to be addressed in the EIS. This notice requests 
public participation in the scoping process and provides information 
regarding how to participate in the process. It announces a public 
meeting to be held in connection with the EIS; requests for public 
comment on the scope of the EIS; and also serves as a notice of public 
scoping sessions as provided for under SEQRA, 6 NYCRR Sec.  617.8. At 
least one public meeting will take place in each adjacent coastal 
state. For purposes of the Deepwater Port Act (Act), New York and New 
Jersey are adjacent coastal states for this application.

DATES: Public meetings will be held in Eatontown, New Jersey on January 
27, 2009; and in Long Beach, New York on January 29, 2009. The public 
meetings will be held from 6 p.m. to 8 p.m. and will be preceded by an 
open house from 4:30 p.m. to 6 p.m. The public meeting may end later 
than the stated time, depending on the number of persons wishing to 
speak.
    Material submitted in response to the request for comments on the 
license application must reach the Docket Management Facility by 
February 9, 2009 (30 days after NOI is published in the FR).

ADDRESSES: The open house and public meeting on January 27, 2009 will 
be held at: The Sheraton of Eatontown, 6 Industrial Way East, 
Eatontown, NJ 07724; 732-542-6500.
    The open house and public meeting on January 29, 2009 will be held 
at: The Jackson by the Beach Hotel, 405 East Broadway, Long Beach, NY 
11561; 516-431-3700.
    The license application, comments and associated documentation is 
available for viewing at the Federal Docket Management System (FDMS) 
Web site: http://www.regulations.gov under docket number USCG-2007-
28535.
    Docket submissions for USCG-2007-28535 should be addressed to: 
Department of Transportation, Docket Management Facility, West 
Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590-0001.
    The Docket Management Facility accepts hand-delivered submissions, 
and makes docket contents available for public inspection and copying 
at this address between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The facility telephone number is 202-366-9329, 
the fax number is 202-493-2251, and the Web site for electronic 
submissions or for electronic access to docket contents is: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mark Prescott, U.S. Coast Guard, 
telephone: 202-372-1440, e-mail: [email protected]; or LT Hannah 
Kawamoto, U.S. Coast Guard, telephone: 202-372-1438, e-mail: 
[email protected]; or Yvette Fields, U.S. Maritime 
Administration, telephone: 202-366-0926, e-mail: [email protected]; 
or John Ferguson, New York State Department of Environmental 
Conservation, telephone: 518-402-9167, e-mail: 
dec.state.ny.us">jjfergus@gw.dec.state.ny.us. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-493-0402.

SUPPLEMENTARY INFORMATION: 

Public Meeting and Open House

    We invite you to learn about the proposed deepwater port at an 
informational open house, and to comment at a public meeting on 
environmental issues related to the proposed deepwater port. Your 
comments will help us identify and refine the scope of the 
environmental issues to be addressed in the EIS.
    In order to allow everyone a chance to speak at the public meeting, 
we may limit speaker time, or extend the meeting hours, or both. You 
must identify yourself, and any organization

[[Page 983]]

you represent, by name. Your remarks will be recorded or transcribed 
for inclusion in the public docket.
    You may submit written material at the public meeting, either in 
place of or in addition to speaking. Written material must include your 
name and address, and will be included in the public docket.
    Public docket materials will be made available to the public on the 
Federal Docket Management Facility (see Request for Comments).
    Our public meeting locations are wheelchair-accessible. If you plan 
to attend the open house or public meeting, and need special assistance 
such as sign language interpretation or other reasonable accommodation, 
please notify the Coast Guard (see FOR FURTHER INFORMATION CONTACT) at 
least 3 business days in advance. Include your contact information as 
well as information about your specific needs.

Request for Comments

    We request public comments or other relevant information on 
environmental issues related to the proposed deepwater port. The public 
hearing is not the only opportunity you have to comment. In addition to 
or in place of attending a hearing, you can submit comments to the 
Docket Management Facility during the public comment period (see 
DATES). We will consider all comments and material received during the 
comment period.
    Submissions should include:
     Docket number USCG-2007-28535.
     Your name and address.
    Submit comments or material using only one of the following 
methods:
     Electronic submission to FDMS, http://www.regulations.gov.
     Fax, mail, or hand delivery to the Docket Management 
Facility (see ADDRESSES). Faxed or hand delivered submissions must be 
unbound, no larger than 8\1/2\ by 11 inches, and suitable for copying 
and electronic scanning. If you mail your submission and want to know 
when it reaches the Facility, include a stamped, self-addressed 
postcard or envelope.
    Regardless of the method used for submitting comments or material, 
all submissions will be posted, without change, to the FDMS Web site 
(http://www.regulations.gov), and will include any personal information 
you provide. Therefore, submitting this information makes it public. 
You may wish to read the Privacy Act notice that is available on the 
FDMS Web site, or the Department of Transportation Privacy Act 
Statement that appeared in the Federal Register on April 11, 2000 (65 
FR 19477), see PRIVACY ACT.
    You may view docket submissions at the Federal Docket Management 
Facility electronically or on the FDMS Web site (see ADDRESSES).

Background

    Information about deepwater ports, the statutes, and regulations 
governing their licensing, and the receipt of the current application 
for the proposed Safe Harbor Energy liquefied natural gas (LNG) 
deepwater port appeared in the Federal Register on August 27, 2007 (72 
FR 49041), which can be accessed at: edocket.access.gpo.gov/2007/pdf/E7-16857.pdf. The ``Summary of the Application'' from that publication 
is reprinted below for your convenience.
    Consideration of a deepwater port license application includes 
review of the proposed deepwater port's natural and human environmental 
impacts. The Coast Guard is the lead agency for determining the scope 
of this review, and in this case the Coast Guard has determined that 
review must include preparation of an EIS. This notice of intent is 
required by 40 CFR 1501.7, and briefly describes the proposed action, 
possible alternatives, and our proposed scoping process.
    The New York State Department of Environmental Conservation has 
determined that the proposed port and subsea pipeline may result in 
significant adverse environmental impacts, as defined under the State 
Environmental Quality Review Act (SEQRA) and that compliance with SEQRA 
requires preparation of an Environmental Impact Statement (EIS). 
Because of the many similarities in requirements, the Coast Guard, 
Maritime Administration and NYS Department of Environmental 
Conservation (NYSDEC) have agreed to cooperate in preparing a single 
document that satisfies both the NEPA and SEQRA.
    The EIS will be 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); and SEQRA (6 
NYCRR Part 617). The environmental review and analysis will be 
completed according to the timeline prescribed by the DWPA, which 
requires a decision within 356 days of the publication of the Notice of 
Application. The period to complete all NEPA/SEQRA 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 SEQRA related actions needed to support the Maritime 
Administrator's decision regarding whether to approve, approve with 
conditions, or disapprove the proposed license.
    This notice of intent provides compliance with the requirements of 
the NEPA regulations and also serves as the notice of a scoping session 
under SEQRA. It briefly describes the proposed action, possible 
alternatives, and our proposed scoping process. Address any questions 
about the proposed action, the scoping process, or the EIS to the Coast 
Guard (see FOR FURTHER INFORMATION CONTACT).

Proposed Action and Alternatives

    The proposed action requiring environmental review is the Federal 
licensing of the proposed deepwater port described in ``Summary of the 
Application'' below. The alternatives to licensing the proposed port 
are: (1) Licensing with conditions (including conditions designed to 
mitigate environmental impact), or (2) denying the application, which 
for purposes of environmental review is the ``no-action'' alternative.

Scoping Process

    Public scoping is an early and open process for identifying and 
determining the scope of issues to be addressed in the EIS. Scoping 
begins with this notice, continues through the public comment period 
(see DATES), and ends when the Coast Guard, Maritime Administration and 
NYSDEC have completed the following actions:
     Invites the participation of Federal, State, and local 
agencies, any affected Indian tribe, the applicant, and other 
interested persons;
     Determines the actions, alternatives, and impacts 
described in 40 CFR 1508.25;
     Identifies and eliminates, from detailed study, those 
issues that are not significant or that have been covered elsewhere;
     Allocates responsibility for preparing EIS components;
     Indicates any related environmental assessments or 
environmental impact statements that are not part of the EIS;
     Identifies other relevant environmental review and 
consultation requirements;
     Indicates the relationship between timing of the 
environmental review and other aspects of the application process; and
     At its discretion, exercises the options for scoping 
provided in 40 CFR 1501.7(b).
    Once the scoping process is complete, the Coast Guard, Maritime 
Administration, and NYSDEC will prepare a draft EIS, and we will 
publish

[[Page 984]]

a Federal Register notice announcing its public availability. (If you 
want that notice to be sent to you, please contact the Coast Guard 
project manager identified in FOR FURTHER INFORMATION CONTACT). You 
will have an opportunity to review and comment on the draft EIS. The 
Coast Guard, Maritime Administration, and NYSDEC will consider those 
comments and then prepare the final EIS. As with the draft EIS, we will 
announce the availability of the final EIS and once again give you an 
opportunity for review and comment.

Availability of EIS

    A notice of availability (NOA) will be published in the Federal 
Register when the DEIS is available, and NYSDEC will publish a notice 
of completion of Draft EIS, prepared in accordance with 6 NYCRR Sec.  
617.12, in NYSDEC's online Environmental Notice Bulletin (ENB). The ENB 
is accessible on NYSDEC's Web site at: dec.state.ny.us. The DEIS in 
hardcopy or electronic format will be distributed to agencies, local 
public libraries 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 DEIS and to offer comments on the 
environmental effects of the proposed project. Comments received during 
the DEIS review period will be available in the public docket and 
responded to in the FEIS. A Notice of Availability of the FEIS will 
also be published in the Federal Register, and NYSDEC will publish a 
notice of completion of the final EIS and file copies of the final EIS 
in accordance with 6 NYCRR Sec.  617.12. Additional public meetings 
will be held after the draft and final documents are published.

Summary of the Application

    Atlantic Sea Island Group LLC (ASIG), proposes to own, construct, 
and operate a deepwater port, named Safe Harbor Energy, in the Federal 
waters of the Atlantic Outer Continental Shelf in the area known as the 
New York Bight region in MMS lease area NK18-12 block 6655. The 
proposed location is approximately 13.5 miles south of the City of Long 
Beach, 19 miles east of Highlands, New Jersey, and 23 miles southeast 
of the Ports of New York and New Jersey, in an area between the 
Ambrose-to-Nantucket and Hudson Canyon-to-Ambrose shipping lanes, 
located at approximately 40[deg]23' N and 73[deg]36' E, in water depth 
of between 60 and 70 feet covering an area known as Cholera Bank.
    The deepwater port, Safe Harbor Energy, consists of three 
components: A 60.5 acre island to be constructed of natural sand, 
gravel, and rock materials surrounded by armored breakwaters, 
consisting of prefabricated caissons, armor units, and rock; an LNG 
receiving, storage, and regasification facility; and a subsea pipeline 
that would transport the natural gas to an offshore connection with the 
Transcontinental Gas Pipeline Corporation's pipeline system. The 
pipeline would consist of two parallel 36-inch diameter pipe segments 
extending 12.8 miles from the island. Safe Harbor Energy will include 
berthing and offloading space for two conventional LNG vessels with 
capacity of 70,000 m3 to 270,000 m3. 
Additionally, it will accommodate support vessels including docking/
firefighting tugs and crew support launches. The storage portion would 
include four (4) 180,000 m3 full-containment storage tanks. 
The regasification equipment would be an ambient air heat exchange 
type. Safe Harbor Energy would have an average throughput capacity of 
approximately 1.15 billion cubic standard feet per day (bscfd).
    A shore based facility would be used to facilitate movement of 
personnel, equipment, supplies, and disposable materials between the 
port and shore.
    Construction of the deepwater port would be expected to take 
approximately five (5) years; with startup of commercial operations 
following construction, should a license be issued. The deepwater port 
would be designed, constructed, and operated in accordance with 
applicable codes and standards and would have an expected operating 
life of approximately 25 years.

Privacy Act

    The electronic form of all comments received into the Federal 
Docket Management System can be searched by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). The DOT Privacy Act 
Statement can be viewed in the Federal Register published on April 11, 
2000 (Volume 65, Number 70, pages 19477-78) or you may visit http://www.regulations.gov.

    (Authority 49 CFR 1.66)

    Dated: January 6, 2009.

    By order of the Maritime Administrator.
Leonard Sutter,
Secretary, Maritime Administration.
[FR Doc. E9-291 Filed 1-8-09; 8:45 am]
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