[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Notices]
[Pages 61733-61734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28326]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[USCG-2007-28532]


Port Dolphin Energy LLC, Port Dolphin Liquefied Natural Gas 
Deepwater Port License Application

AGENCY: Maritime Administration, DOT.

ACTION: Notice of Availability of Record of Decision.

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SUMMARY: The Maritime Administration announces the availability of the 
Record of Decision for the Port Dolphin Energy LLC (Port Dolphin 
Energy) Deepwater Port License Application. On October 26, 2009, the 
Acting Maritime Administrator, David T. Matsuda, issued the Record of 
Decision ``approving with conditions'' Port Dolphin Energy's 
application to own, construct, and operate a liquefied natural gas 
(LNG) deepwater port 28 miles southwest of Tampa Bay, Florida. Issuance 
of this Record of Decision completes the application review and license 
approval process, mandated by the Deepwater Port Act of 1974, as 
amended (the Act).

ADDRESSES: Copies of the Record of Decision for the Port Dolphin Energy 
LNG Deepwater Port License Application are available on request from 
the Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, or via the Internet at http://www.regulations.gov (Document ID: USCG-2007-28532-0240).

FOR FURTHER INFORMATION CONTACT: Yvette Fields, Director, Office of 
Deepwater Ports and Offshore Activities, Maritime Administration, 
telephone: 202-366-0926, e-mail: [email protected] or Patrick 
Marchman, Maritime Administration, telephone: 202-366-7206, e-mail: 
[email protected]. The full text of the Record of Decision 
(Document ID: USCG-2007-28532-0240) is available as a part of the 
public docket for the complete Port Dolphin Energy Deepwater Port 
License Application (Docket Number USCG-2007-28532), maintained by the 
U.S. Department of Transportation Docket Management Facility. If you 
have questions regarding the docket, please contact Renee V. Wright, 
Program Manager, Docket Operations, telephone: 202-493-0402.

SUPPLEMENTARY INFORMATION:

Application Review Process

    On March 29, 2007, Port Dolphin Energy LLC, a limited liability 
company organized and existing under the laws of the State of Delaware 
and an ultimate subsidiary of Leif Hoegh & Company Limited, submitted 
to the Maritime Administration and the U.S. Coast Guard (USCG), an 
application for approval of a license to own, construct, operate, and 
ultimately decommission a deepwater port, known as Port Dolphin, 
approximately 28 miles southwest of Tampa Bay, Florida, for the purpose 
of importing Liquefied Natural Gas (LNG) into the United States. On 
June 15, 2007, Port Dolphin Energy's application was deemed complete by 
the Maritime Administration and the USCG. On June 25, 2007, the 
Maritime Administration and USCG published a notice in the Federal 
Register [72 FR 34741-34742] to announce the availability of the 
application for public inspection and request public comments on the 
proposed project and its potential impacts on the environment.
    Pursuant to the statutory requirements of the Act, the Maritime 
Administration and the USCG conducted an environmental review of the 
Port Dolphin project and prepared an environmental impact statement in 
accordance with procedures stipulated under the National Environmental 
Policy Act (NEPA). The Federal environmental review process was 
conducted in close coordination with cooperating Federal and Florida 
State agencies, integrating the environmental values and concerns 
expressed by local communities. Additional information

[[Page 61734]]

regarding the application and environmental review process for the Port 
Dolphin project can be found on the public docket at http://www.regulations.gov (Document ID: USCG-2007-28532).

Decision Process

    Provisions of the Act require the Maritime Administrator to render 
his decision on a deepwater port license application within 90 days 
from the date of the final public hearing. The final public hearing for 
the Port Dolphin project was held on July 28, 2009. In rendering a 
decision, the Maritime Administrator must either: (1) Approve the 
application as it is proposed, (2) approve the application ``subject to 
certain conditions'', or (3) deny the application. This Record of 
Decision, approves the Port Dolphin Energy Deepwater Port License 
Application, ``subject to certain conditions,'' which have been 
designed to ensure that Port Dolphin Energy utilizes the best available 
technology in the operation of its port, exercises care to preserve and 
enhance the environment, and protect Florida's coastal communities and 
natural resources. Further, the Record of Decision describes the 
framework by which the Maritime Administrator must base his decision as 
defined by the nine approval criteria prescribed by the Act. These nine 
approval criteria ensure: (1) Financial responsibility; (2) compliance 
with all applicable laws, regulations and license conditions; (3) 
national interest; (4) international navigation, safety, and use of the 
high seas; (5) protection and enhancement of the environment; (6) 
advice of the Administrator of the Environmental Protection Agency; (7) 
consultation with the Secretaries of State, Defense, and Army, (8) 
approval of the Governor of the adjacent coastal State, in this case 
the Governor of Florida, and (9) consistency with the Coastal Zone 
Management Act.
    The Port Dolphin Record of Decision provides an overview of the 
Federal environmental review process and describes the comprehensive 
consultation and technical review of the application conducted by the 
Maritime Administration and USCG, in consultation with the National 
Oceanic Atmospheric Administration (NOAA), the Environmental Protection 
Agency, the State of Florida, and other cooperating Federal and State 
agencies. During the decision-making process, the Acting Maritime 
Administrator gave careful consideration to the specific concerns 
expressed by members of the local Florida coastal communities, such as 
Longboat Key and Manatee County, regarding the potential impacts on 
local sand resources. Reasonable efforts were made by the Federal 
Government, the State of Florida, local communities, and Port Dolphin 
Energy to bring this matter to a satisfactory resolution. Conditions 
recommended by cooperating Federal and State agencies, including the 
specific conditions of approval required by the Governor of Florida, as 
outlined in his decision letter of September 11, 2009 and in a 
subsequent Memorandum of Agreement established between the State of 
Florida and Port Dolphin Energy, have been incorporated into this 
Record of Decision as conditions of approval. These conditions, which 
allow for removal of sand prior to the pipeline installation and 
sharing of costs, will become enforceable and binding under the 
official deepwater port License upon issuance. The Maritime 
Administration projects that the official Port Dolphin Energy Deepwater 
Port License will be issued in early 2010. The full text of the Record 
of Decision can be viewed at http://www.regulations.gov (Document ID: 
USCG-2007-28532-0240).

    Dated: November 16, 2009.

    By order of the Maritime Administrator.
Christine Gurland,
Secretary, Maritime Administration.
[FR Doc. E9-28326 Filed 11-24-09; 8:45 am]
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