[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16782-16785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06656]


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DEPARTMENT OF ENERGY

[FE Docket No. 13-147-LNG]


Delfin LNG LLC; Application for Long-Term Authorization To Export 
Liquefied Natural Gas Produced From Domestic Natural Gas Resources to 
Non-Free Trade Agreement Countries for a 20-Year Period

AGENCY: Office of Fossil Energy, DOE.

ACTION: Notice of application.

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SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy 
(DOE) gives notice of receipt of an application (Application) filed on 
November 12, 2013, by Delfin LNG LLC (Delfin), requesting long-term, 
multi-contract authorization to export liquefied natural gas (LNG) 
produced from domestic sources in a volume equivalent to approximately 
657.5 billion cubic feet per year (Bcf/yr) of natural gas, or 1.8 Bcf 
per day (Bcf/d). Delfin seeks authorization to export the LNG for a 20-
year term from a proposed floating liquefaction project to be located 
in West Cameron Block 167 (WC 167) of the Gulf of Mexico, offshore of 
Cameron Parish, Louisiana (Liquefaction Project). Delfin states that 
the floating liquefaction facility will be a ``deepwater port'' within 
the meaning of the Deepwater Port Act (33 U.S.C. 1501, et seq.), and 
therefore also will require a license from the U.S. Department of 
Transportation's Marine Administration (MARAD), in conjunction with the 
U.S. Coast Guard.
    Delfin seeks authorization under Sec.  3(a) of the Natural Gas Act 
(NGA), 15 U.S.C. 717b(a), to export this LNG by vessel from the 
Liquefaction Project to any country with which the United States does 
not have a free trade agreement (FTA) requiring national treatment for 
trade in natural gas (non-FTA countries), and with which trade is not 
prohibited by U.S. law or policy. Delfin seeks to export the LNG on its 
own behalf and as agent for third parties. Delfin requests that this 
authorization commence on the earlier of the date of first export or 
seven years from the date the authorization is issued.

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, May 27, 2014.

ADDRESSES: 
Electronic Filing by email:, [email protected]

Regular Mail

U.S. Department of Energy (FE-34), Office of Oil and Gas Global 
Security and Supply, 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 Oil and Gas Global 
Security and Supply, Office of Fossil Energy, Forrestal Building, Room 
3E-042, 1000 Independence Avenue SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: 
Larine Moore or Lisa Tracy, U.S. Department of Energy (FE-34), Office 
of Oil and Gas Global Security and Supply, Office of Fossil Energy, 
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW., 
Washington, DC 20585, (202) 586-9478; (202) 586-4523.
Edward Myers, U.S. Department of Energy, Office of the Assistant 
General Counsel for Electricity and Fossil Energy, Forrestal Building, 
Room 6B-256, 1000 Independence Avenue SW., Washington, DC 20585, (202) 
586-3397.

SUPPLEMENTARY INFORMATION:

Background

    Applicant. Delfin is a Louisiana limited liability company with its 
principal place of business in Dallas, Texas. Delfin states that it is 
a wholly-owned subsidiary of Fairwood Peninsula LLC (Fairwood 
Peninsula), a Delaware limited liability company formed by executives 
from both the Fairwood Group (based in India and Singapore) and the 
Peninsula Group (based in the United States). Delfin describes the 
corporate structure as follows:
     Fairwood Peninsula is owned by FWNR Energy Holdings (USA) 
Corporation (Fairwood USA) and the Peninsula Group.
     Fairwood USA is a Delaware corporation and a subsidiary of 
Fairwood Welbeck Natural Resources Pte. Ltd. (or FWNRL).
     Fairwood Welbeck Natural Resources Pte. Ltd. is part of 
the Fairwood Group, an India-based group of companies with investments 
in energy, transportation, and urbanization. FWNRL is a company 
organized and existing under the laws of Singapore, with its principal 
place of business in Midland House, Singapore 188970. It is engaged in 
developing natural gas activities, including natural gas production and 
LNG liquefaction within the United States and regasification facilities 
and offtake contracts in Asia.
     The Peninsula Group is a privately owned, Texas-based 
group of companies with interests in land development, construction 
projects, and oil and gas.
    Delfin states that principals of Fairwood Welbeck Natural Resources 
Pte. Ltd. and the Peninsula Group have been working on the development 
of the Liquefaction Project for several years and are engaged in 
advanced negotiations with major strategic partners.
    Procedural History. On October 7, 2013, concurrently with its 
filing of this Application, Delfin filed a separate application 
requesting authorization under NGA section 3(c), 15 U.S.C. Sec.  
717b(c), to export the same volume of LNG requested herein from the 
Liquefaction Project to FTA countries--i.e., those countries with whom 
the United States currently has, or in the future will have, a FTA 
requiring the national treatment for trade in natural gas, and with 
which trade is not prohibited by U.S. law or policy.\1\ On February 20, 
2014, DOE/FE granted that application in DOE/FE Order No. 3393, 
authorizing Delfin to export domestically produced LNG to FTA countries 
in a volume equivalent to 657.5 Bcf/yr (1.8 Bcf/d) for a 20-year 
term.\2\ Delfin states that the volumes requested for export under this

[[Page 16783]]

Application and its FTA application, now granted in Order No. 3393, are 
not additive.
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    \1\ Delfin LNG LLC, Application for Long-Term Authorization to 
Export LNG to Free Trade Agreement Countries, FE Docket No. 13-129-
LNG (Oct. 7, 2013). The United States currently has FTAs requiring 
national treatment for trade in natural gas with Australia, Bahrain, 
Canada, Chile, Colombia, Dominican Republic, El Salvador, Guatemala, 
Honduras, Jordan, Mexico, Morocco, Nicaragua, Oman, Panama, Peru, 
Republic of Korea, and Singapore. FTAs with Israel and Costa Rica do 
not require national treatment for trade in natural gas.
    \2\ Delfin LNG LLC, DOE/FE Order No. 3393, Order Granting Long-
term Multi-Contract Authority to Export LNG by Vessel from a 
Proposed Floating Liquefaction Project and Deepwater Port in the 
Gulf of Mexico to Free Trade Agreement Nations (Feb. 20, 2014).
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    Liquefaction Project. Delfin proposes to develop, own, and operate 
a floating liquefaction facility in WC 167 of the Gulf of Mexico, 
approximately 30 miles offshore of Cameron Parish, Louisiana. As stated 
above, Delfin asserts that the facility will qualify as a ``deepwater 
port'' under the Deepwater Port Act, 33 U.S.C. 1501 et seq., and thus 
will require Delfin to obtain a separate license from MARAD, working in 
conjunction with the U.S. Coast Guard.\3\
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    \3\ Delfin states that the Deepwater Port Act authorizes the 
ownership, construction, and operation of marine terminals in 
federal waters of the Outer Continental Shelf. The Deepwater Port 
Act originally applied only to oil import terminals, but was amended 
in 2002 to include LNG import terminals. Delfin states that Section 
312 of the Coast Guard and Maritime Transportation Act of 2012 (H.R. 
2838) further amended the Deepwater Port Act to include facilities 
for the export of oil and natural gas.
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    Delfin states that liquefaction at the new deepwater port will 
utilize floating liquefaction and storage vessels (FLNGV) to be moored 
near an existing platform located in WC 167, approximately 30 miles 
offshore of Cameron Parish, Louisiana. Delfin states that the platform 
is the terminus and metering point of the existing Enbridge Offshore 
Pipelines (UTOS) natural gas pipeline system, and is connected to the 
shore via an existing 42-inch diameter, 30-mile long gas pipeline. 
Delfin states that the pipeline system commenced operation in 1978 and 
previously was utilized for the purpose of transporting offshore 
natural gas production to onshore connections with Transcontinental Gas 
Pipe Line (Transco), Natural Gas Pipeline Company of America (NGPL), 
and ANR Pipeline Company (ANR), as well as to nearby gas processing 
plants. Delfin asserts that, because of significantly decreased flow 
volumes, the UTOS gas pipeline could no longer be economically operated 
for its original purpose. As a result, in 2011, the Federal Energy 
Regulatory Commission (FERC) authorized the pipeline to abandon its 
services and certificates, while deferring the final disposition of its 
facilities.\4\ Delfin maintains that the system has been idle since 
that time and is currently filled with nitrogen.
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    \4\ Enbridge Offshore Pipelines (UTOS) LLC, 136 FERC ] 62,269 
(2011).
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    Delfin states that it has entered into a letter of intent with the 
owner of the pipeline system that provides Delfin the exclusive right 
to acquire the pipeline system, subject to the satisfaction of certain 
conditions including regulatory approvals. Delfin intends to 
recommission and to reverse the flow on the existing 42-inch pipeline 
for purposes of delivering feed gas to the Liquefaction Project. 
According to Delfin, the existing pipeline is anticipated to have 
capacity to transport up to 1.8 Bcf/d of natural gas from the Louisiana 
coastline to the new Delfin deepwater port facility. Delfin states 
that, following the reactivation of its previous onshore 
interconnections with major interstate pipelines (Transco, NGPL, and 
ANR) and modifications to reverse flow, the pipeline will allow the 
Liquefaction Project to access the domestic natural gas interstate 
pipeline system.\5\
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    \5\ A map showing both the location of WC 167 and the existing 
gas pipeline is attached to the Application as Appendix C.
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    Delfin states that the planned liquefaction will be provided on 
FLNGVs that will be moored at purpose-built single point moorings 
located as near the terminus of the existing pipeline in WC 167 as 
operationally and safely as possible (expected to be within 
approximately 2000 feet). According to Delfin, the FLNGVs will have the 
capability to export LNG to off-taking LNG carriers utilizing a proven 
ship-to-ship, side transfer process. Delfin states that the precise 
location and spacing of the FLNGVs around the existing WC 167 platform 
will depend on further design work, as well as consultation with MARAD 
and the Coast Guard.\6\ Delfin states that it has begun consultation 
with these agencies concerning the licensing of the new port.
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    \6\ A basic site plan for the mooring system and other site 
depictions are attached to the Application as Appendix D.
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    Delfin states that the Liquefaction Project will be constructed in 
four LNG trains. Delfin states that it has entered into a memorandum of 
understanding (MOU) with a midstream LNG company to provide at least 
the first two FLNGVs. According to Delfin, the focus of the MOU is to 
develop fast track, modular, and mid-scale liquefaction solutions of 
approximately 2.5 million metric tons per annum (mtpa) per train, based 
on existing technology and using completed front-end engineering and 
designs. Delfin estimates that, subject to all regulatory approvals, it 
will begin operation of the first train in 2017 and the second train in 
2018.
    Delfin anticipates that the third and fourth LNG trains will be 
provided by FLNGVs ordered and constructed for purposes of this 
Project. Delfin states that it is engaged in advanced discussions with 
a ship-building company and a LNG carrier company concerning these 
trains. Delfin anticipates contracting with the ship-builder for the 
construction of a new FLNGV(s) for the third and fourth trains. Delfin 
states that these two trains will provide liquefaction capacity of 4.0 
million mtpa each, bringing the total capacity of the Liquefaction 
Project to approximately 13 million mtpa. Delfin anticipates beginning 
operation of the third and fourth trains in 2019 and 2021, 
respectively.

Current Application

    Delfin seeks authorization to export a volume of LNG equivalent to 
657.5 Bcf/yr of natural gas (1.8 Bcf/d) from the Liquefaction Project 
to non-FTA countries for the requested 20-year term, beginning on the 
date of first export or seven years from the date of issuance of the 
authorization requested by this Application, whichever is sooner. As 
noted above, Delfin states that the export volume requested in this 
Application is not additive to the same volume requested in its FTA 
application, granted in DOE/FE Order No. 3393.
    In light of the planned phased development of the Liquefaction 
Project--with successive trains expected to become operational from 
2017 through 2021--Delfin requests that the ``date of first export'' be 
determined on a train-specific basis. Delfin explains this request as 
follows: ``For example, exports from the first train, if placed in 
operation in 2017 as planned, would extend for twenty years from that 
first export . . . but if the third train were placed in operation in 
2020, exports from it also would be authorized for twenty years from 
the start of that train's export operations (rather than only 
approximately seventeen years, based on the original date of first 
export).'' \7\ Delfin notes that the export authorization for all 
trains would commence no later than seven years from the date of the 
order authorizing exports, consistent with its request above. According 
to Delfin, this phased approach, while not previously adopted by DOE/
FE, will facilitate the orderly, phased developments of its facility 
and its contracts with customers.
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    \7\ App. at 9.
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    Delfin is requesting authorization to export LNG on its own behalf 
or as agent for other entities who hold title to the LNG at the time of 
export. Delfin states that it will comply with all DOE/FE requirements 
for exporters and agents, including registration requirements 
articulated in recent DOE/FE orders.
    Delfin further states that it intends to export domestically 
produced natural gas sourced from both conventional and

[[Page 16784]]

non-conventional production. Delfin anticipates that this gas will be 
available from the interstate pipeline grid, and delivered through the 
connection to its dedicated, existing pipeline to the new deepwater 
port. Delfin states that its connection with the interstate pipeline 
system will provide access to abundant, diverse supplies of natural gas 
produced from Louisiana and Texas (specifically in the Eagle Ford 
Shale) and across the United States.
    Delfin states that it is engaged in commercial negotiations with 
numerous potential customers. Delfin anticipates that it will contract 
some of its capacity--in particular, portions of its first and possibly 
second LNG trains--with customers in FTA countries, and expects to 
contract other amounts of capacity with customers located in non-FTA 
countries. Delfin states that, consistent with DOE/FE precedent, it 
will file under seal any relevant long term commercial agreements for 
natural gas liquefaction and LNG export services between Delfin and its 
customers, once those agreements have been executed.
    Delfin further asserts that, as a practical matter, the requested 
authorization will not be actionable until MARAD grants Delfin 
authorization for the facilities needed for the liquefaction of natural 
gas and the export of LNG. According to Delfin, an environmental review 
under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et 
seq., will be completed by MARAD and the Coast Guard, together with the 
participation of DOE and other consulting agencies, prior to granting 
the requested authorizations. Accordingly, Delfin requests that DOE/FE 
issue a conditional authorization in this proceeding, conditioned on 
completion of the environmental review by MARAD and the Coast Guard.

Public Interest Considerations

    Delfin states that DOE/FE should grant the requested authorization 
to allow LNG exports under NGA Sec.  3(a) because the proposed exports 
are consistent with, and will advance, the public interest.
    According to Delfin, allowing Delfin and its customers to freely 
negotiate contracts to respond to market conditions and to utilize the 
proposed Liquefaction Project will be consistent with the pro-
competition focus of DOE's 1984 Policy Guidelines for implementing NGA 
Sec.  3.\8\ Delfin states that North American gas reserves are more 
than adequate to satisfy demand in the United States, even under the 
most aggressive demand projections including a large domestic LNG 
export industry. Delfin states that its proposed exports could not pose 
a threat to domestic gas supply security. Rather, the proposed exports 
will provide a steady, incremental demand for natural gas, thereby 
supporting natural supply development and producing economic and 
employment benefits. Delfin states that other benefits of LNG exports 
include reducing the U.S. trade imbalance, complying with the nation's 
long-standing support of free-trade, and promoting positive 
consequences in international relations.
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    \8\ ``New Policy Guidelines and Delegation Orders Relating to 
the Regulation of Natural Gas,'' 49 Fed. Reg. 6684 (Feb. 22, 1984).
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    Delfin also references the recent two-part macroeconomic study 
commissioned by DOE to assert that the general benefits of LNG exports 
are well known to DOE/FE. Delfin states that the first part of the 
study, conducted by the Energy Information Agency (EIA), evaluated the 
potential impact of additional LNG exports on domestic energy 
consumption, production, and prices under several export scenarios.\9\ 
Delfin states that the second part of the study, conducted by NERA 
Economic Consulting, assessed the potential macroeconomic impact of LNG 
exports using NERA's energy-economy model.\10\ According to Delfin, 
DOE/FE has held that the NERA study supports the proposition that 
proposed exports of LNG are not inconsistent with the public interest. 
Delfin further states that NERA's findings--that the United States will 
benefit from the export of domestically produced LNG--are confirmed by 
numerous other persuasive studies, such as studies published by the 
Brookings Institution in June 2012 and by ICF International in May 
2013. Citing the extensive evidence of the benefits of LNG exports 
presented in these studies, Delfin states that it is incorporating 
these studies into the record of this proceeding and is not submitting 
any studies of its own.
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    \9\ U.S. Energy Information Administration, Effect of Increased 
Natural Gas Exports on Domestic Energy Markets (Jan. 2012), 
available at http://energy.gov/sites/prod/files/2013/04/f0/fe_eia_lng.pdf [EIA study].
    \10\ NERA Economic Consulting, Macroeconomic Impacts of LNG 
Exports From the United States (Dec. 3, 2012), available at http://energy.gov/sites/prod/files/2013/04/f0/nera_lng_report.pdf [NERA 
study].
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    Delfin also discusses the unique public interest benefits 
associated with its Liquefaction Project. Specifically, Delfin states 
that the Project is unique because it will be located off-shore. 
According to Delfin, the off-shore location enables it to avoid certain 
environmental and land-owner concerns that frequently arise concerning 
shore-based facilities. Delfin states that the off-shore location also 
avoids seaway congestion by limiting the number of LNG tankers entering 
the crowded port terminal system--an issue which it states may be 
problematic for some proposed terminals on the Gulf Coast. Delfin notes 
that its FLNGVs will be powered and mobile, enabling them to move away 
from the mooring location to escape a hurricane or other storm that 
could cause interruptions in service from damaged facilities of on-
shore LNG terminals. Delfin further states that its liquefaction trains 
on the FLNGVs will be constructed in the controlled environment of a 
shipyard, which it maintains will result in improved quality controls 
and will promote increased safety in operations. Delfin expects to be 
among the most environmentally friendly LNG liquefaction facilities in 
the world, burning only natural gas, using air cooling and closed loop 
cooling, and using no sea water, for all systems. According to Delfin, 
its proposed use of the existing UTOS gas pipeline also avoids the need 
for new construction and provides a new use for infrastructure that was 
otherwise slated for abandonment. For these and other reasons, Delfin 
asserts that the Liquefaction Project will result in economic benefits 
to the Louisiana coastal region.
    Delfin provides additional discussion in asserting that: (1) 
Projected natural gas supplies in the United States are more than 
sufficient to support exports, (2) any effect of Delfin's proposed 
exports on domestic gas prices would be minor and should help to reduce 
price volatility, and (3) LNG exports, such as those proposed by 
Delfin, will significantly benefit the United States, both domestically 
and with respect to international consequences.
    Additional details can be found in Delfin's Application, which is 
posted on the DOE/FE Web site at: http://www.fossil.energy.gov/
programs/gasregulation/authorizations/2013_applications/Delfin_LNG_
LLC__-FE._DK.__-13-147-LNG.html.

DOE/FE Evaluation

    The Application will be reviewed pursuant to section 3(a) of the 
NGA, 15 U.S.C. 717b(a), and DOE will consider any issues required by 
law or policy. To the extent determined to be relevant, these issues 
will include the domestic need for the natural gas proposed to be 
exported, the adequacy of domestic natural gas supply, U.S. energy 
security,

[[Page 16785]]

and the cumulative impact of the requested authorization and any other 
LNG export application(s) previously approved on domestic natural gas 
supply and demand fundamentals. DOE may also consider other factors 
bearing on the public interest, including the impact of the proposed 
exports on the U.S. economy (including GDP, consumers, and industry), 
job creation, the U.S. balance of trade, and international 
considerations; and whether the authorization is consistent with DOE's 
policy of promoting competition in the marketplace by allowing 
commercial parties to freely negotiate their own trade arrangements. 
Parties that may oppose this Application should address these issues in 
their comments and/or protests, as well as other issues deemed relevant 
to the Application.
    NEPA requires DOE to give appropriate consideration to the 
environmental effects of its decisions. No final decision will be 
issued in this proceeding until DOE has met its environmental 
responsibilities.
    Due to the complexity of the issues raised by the Applicant, 
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, or motions for 
additional procedures.

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. Any person wishing to become a party to the proceeding must 
file a motion to intervene or notice of intervention, as applicable. 
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 [email protected] with FE Docket No. 13-147-LNG 
in the title line; (2) mailing an original and three paper copies of 
the filing to the Office of Oil and Gas Global Security and Supply at 
the address listed in ADDRESSES; or (3) hand delivering an original and 
three paper copies of the filing to the Office of Oil and Gas Global 
Security and Supply at the address listed in ADDRESSES. All filings 
must include a reference to FE Docket No. 13-147-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. 
A party seeking intervention may request that additional procedures be 
provided, such as additional written comments, an oral presentation, a 
conference, or trial-type hearing. Any request to file additional 
written comments should explain why they are necessary. Any request for 
an oral presentation should identify the substantial question of fact, 
law, or policy at issue, show that it is material and relevant to a 
decision in the proceeding, and demonstrate why an oral presentation is 
needed. Any request for a conference should demonstrate why the 
conference would materially advance the proceeding. Any request for a 
trial-type hearing must show that there are factual issues genuinely in 
dispute that are relevant and material to a decision, and that a trial-
type hearing is necessary for a full and true disclosure of the facts.
    If an additional procedure is scheduled, notice will be provided to 
all parties. If no party requests additional procedures, a final 
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 
Division of Natural Gas Regulatory Activities 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 March 20, 2014.
John A. Anderson,
Director, Division of Natural Gas Regulatory Activities, Office of Oil 
and Gas Global Security and Supply, Office of Oil and Natural Gas.
[FR Doc. 2014-06656 Filed 3-25-14; 8:45 am]
BILLING CODE 6450-01-P