[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Notices]
[Pages 30298-30300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13638]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2019-0093]


Deepwater Port License Application: Texas GulfLink LLC (Texas 
GulfLink)

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of application.

-----------------------------------------------------------------------

SUMMARY: The Maritime Administration (MARAD) and the U.S. Coast Guard 
(USCG) announce they have received an application for the licensing of 
a deepwater port and that the application contains information 
sufficient to commence processing. This notice summarizes the 
applicant's plans and the procedures that will be followed in 
considering the application.

DATES: The Deepwater Port Act of 1974, as amended, requires at least 
one public hearing on this application to be held in the designated 
Adjacent Coastal State(s) not later than 240 days after publication of 
this notice, and a decision on the application not later than 90 days 
after the final public hearing(s).

ADDRESSES: The public docket for the Texas GulfLink deepwater port 
license application is maintained by the U.S. Department of 
Transportation, Docket Management Facility, West Building, Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. 
The license application is available for viewing at the Regulations.gov 
website: http://www.regulations.gov under docket number MARAD-2019-
0093.
    We encourage you to submit comments electronically through the 
Federal eRulemaking Portal at http://www.regulations.gov. If you submit 
your comments electronically, it is not necessary to also submit a hard 
copy. If you cannot submit material using http://www.regulations.gov, 
please contact either Mr. Patrick Clark, USCG or Ms. Yvette Fields, 
MARAD, as listed in the following FOR FURTHER INFORMATION CONTACT 
section of this document. This section provides alternate instructions 
for submitting written comments. Additionally, if you go to the online 
docket and sign up for email alerts, you will be notified when comments 
are posted. Anonymous comments will be accepted. All comments received 
will be posted without change to http://www.regulations.gov and will 
include any personal information you have provided. The Federal Docket 
Management Facility's telephone number is 202-366-9317 or 202-366-9826, 
the fax number is 202-493-2251.

FOR FURTHER INFORMATION CONTACT: Mr. Patrick Clark, U.S. Coast Guard, 
telephone: 202-372-1358, email: [email protected], or Ms. Yvette 
Fields, Maritime Administration, telephone: 202-366-0926, email: 
[email protected]. For questions regarding viewing the Docket, call 
Docket Operations, telephone: 202-366-9317 or 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Receipt of Application

    On May 30, 2019, MARAD and USCG received an application from Texas 
GulfLink for all Federal authorizations required for a license to own, 
construct, and operate a deepwater port for the export of oil as 
authorized by the Deepwater Port Act of 1974, as amended, 33 U.S.C. 
1501 et seq. (the Act), and implemented under 33 Code of Federal 
Regulations (CFR) parts 148, 149, and 150. After a coordinated 
completeness review by MARAD, the USCG, and other cooperating Federal 
agencies, the application is deemed complete and contains information 
sufficient to initiate processing.

Background

    The Act defines a deepwater port as any fixed or floating manmade 
structure other than a vessel, or any group of such structures, that 
are located beyond State seaward boundaries and used or intended for 
use as a port or terminal for the transportation, storage, and further 
handling of oil or natural gas for transportation to, or from, any 
State. A deepwater port includes all components and equipment, 
including pipelines, pumping or compressor stations, service platforms, 
buoys, mooring lines, and similar facilities that are proposed as part 
of a deepwater port to the extent they are located seaward of the high-
water mark.
    The Secretary of Transportation delegated to the Maritime 
Administrator authorities related to licensing deepwater ports (49 CFR 
1.93(h)). Statutory and regulatory requirements for processing 
applications and licensing appear in 33 U.S.C. 1501 et seq. and 33 CFR 
part 148. Under delegations from, and agreements between, the Secretary 
of Transportation and the Secretary of Homeland Security, applications 
are jointly processed by MARAD and USCG. Each application is considered 
on its merits.
    In accordance with 33 U.S.C. 1504(f) for all applications, MARAD 
and the USCG, working in cooperation with other involved Federal 
agencies and departments, shall comply with the requirements of the 
National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et 
seq.). The U.S. Environmental Protection Agency (EPA), the U.S. Army 
Corps of Engineers (USACE), the National Oceanic and Atmospheric 
Administration (NOAA), the Bureau of Ocean Energy Management (BOEM), 
the Bureau of Safety and Environmental Enforcement (BSEE), and the 
Pipeline and Hazardous Materials Safety Administration (PHMSA), among 
others, participate in the processing of deepwater port applications 
and assist in the NEPA process as described in 40 CFR 1501.6. Each 
agency may participate in scoping and/or other public meeting(s); and 
may incorporate the MARAD/USCG environmental impact review for purposes 
of their jurisdictional permitting processes, to the extent applicable. 
Comments related to this deepwater port application addressed to the 
EPA, USACE, or other federal agencies should note the federal docket 
number, MARAD-2019-0093. Each comment will be incorporated into the 
Department of Transportation (DOT) docket and considered as the 
environmental impact analysis is developed to ensure consistency with 
the NEPA process.
    All connected actions, permits, approvals and authorizations will 
be considered during the processing of the Texas GulfLink deepwater 
port license application.
    MARAD, in issuing this Notice of Application pursuant to 33 U.S.C. 
1504(c), must designate as an ``Adjacent Coastal State'' any coastal 
state which (A) would be directly connected by pipeline to a deepwater 
port as proposed in an application, or (B) would be located within 15 
nautical miles of any such proposed deepwater port (see 33 U.S.C. 
1508(a)(1)). Pursuant to the criteria provided in the Act, Texas is the 
designated Adjacent Coastal State for this application. Other states 
may request from the Maritime Administrator designation as an Adjacent 
Coastal State in accordance with 33 U.S.C. 1508(a)(2).
    The Act directs that at least one public hearing take place in each 
Adjacent Coastal State, in this case, Texas. Additional public meetings 
may

[[Page 30299]]

be conducted to solicit comments for the environmental analysis to 
include public scoping meetings, or meetings to discuss the Draft and 
Final environmental impact documents prepared in accordance with NEPA.
    MARAD, in coordination with the USCG, will publish additional 
Federal Register notices with information regarding these public 
meeting(s) and hearing(s) and other procedural milestones, including 
the NEPA environmental impact review. The Maritime Administrator's 
decision, and other key documents, will be filed in the public docket 
for the application at docket number MARAD-2019-0093.
    The Deepwater Port Act imposes a strict timeline for processing an 
application. When MARAD and USCG determine that an application is 
complete (i.e., contains information sufficient to commence 
processing), the Act directs that all public hearings on the 
application be concluded within 240 days from the date the Notice of 
Application is published.
    Within 45 days after the final hearing, the Governor of the 
Adjacent Costal State, in this case the Governor of Texas, may notify 
MARAD of their approval, approval with conditions, or disapproval of 
the application. If such approval, approval with conditions, or 
disapproval is not provided to the Maritime Administrator by that time, 
approval shall be conclusively presumed. MARAD may not issue a license 
without the explicit or presumptive approval of the Governor of the 
Adjacent Coastal State. During this 45-day period, the Governor may 
also notify MARAD of inconsistencies between the application and State 
programs relating to environmental protection, land and water use, and 
coastal zone management. In this case, MARAD may condition the license 
to make it consistent with such state programs (33 U.S.C. 1508(b)(1)). 
MARAD will not consider written approvals or disapprovals of the 
application from the Governor of the Adjacent Coastal State until after 
the final public hearing is complete and the 45-day period commences 
following the publication of the Final Environmental Impact Statement.
    The Maritime Administrator must render a decision on the 
application within 90 days after the final hearing.
    In accordance with 33 U.S.C. 1504(d), MARAD is required to 
designate an application area for a deepwater port application intended 
to transport oil. Under section 1504(d)(2), MARAD has the discretion to 
establish a reasonable application area constituting the geographic 
area in which only one deepwater port may be constructed and operated. 
MARAD has consulted with USCG in developing Texas GulfLink's 
application area and designates an application area encompassing the 
deepwater port that is a circle having a radius of no less than three 
and one-half (3.50) nautical miles centered at Texas GulfLink's 
proposed platform, latitude N 28[deg]32'44'' and longitude W 
95[deg]01'21''.
    Based on a review the Deepwater Port Act and its legislative 
history, MARAD has determined that for the purpose of establishing 
application areas, Congress focused on the circular area surrounding a 
deepwater port's principal point of loading and unloading. While MARAD 
had initially included pipelines within the application areas of recent 
projects, MARAD has determined that the areas, consistent with 
Congressional intent, can and should be limited to the circular zones 
surrounding the unloading and loading points. MARAD will notify the 
applicants for the SPOT Terminal Services LLC (SPOT) [Docket No. MARAD-
2019-0011] and Texas COLT LLC (COLT) [Docket No. MARAD-2019-0012] 
projects that the application areas for those projects will be adjusted 
accordingly.
    Any person interested in applying for the ownership, construction, 
and operation of a deepwater port within this designated application 
area must file with MARAD (see FOR FURTHER INFORMATION CONTACT) a 
notice of intent to file an application for the construction and 
operation of a deepwater port not later than 60 days after the date of 
publication of this notice, and shall submit a completed application no 
later than 90 days after publication of this notice.
    Should a favorable record of decision be rendered and license be 
issued, MARAD may include specific conditions related to design, 
construction, operations, environmental permitting, monitoring and 
mitigations, and financial responsibilities. If a license is issued, 
USCG in coordination with other agencies as appropriate, would review 
and approve the deepwater port's engineering, design, and construction; 
operations/security procedures; waterways management and regulated 
navigation areas; maritime safety and security requirements; risk 
assessment; and compliance with domestic and international laws and 
regulations for vessels that may call on the port. The deepwater port 
would be designed, constructed and operated in accordance with 
applicable codes and standards.
    In addition, installation of pipelines and other structures may 
require permits under Section 404 of the Clean Water Act and Section 10 
of the Rivers and Harbors Act, which are administered by the USACE.
    Permits from the EPA may also be required pursuant to the 
provisions of the Clean Air Act, as amended, and the Clean Water Act, 
as amended.

Summary of the Application

    Texas GulfLink is proposing to construct, own, and operate a 
deepwater port terminal in the Gulf of Mexico to export domestically 
produced crude oil. Use of the DWP would include the loading of various 
grades of crude oil at flow rates of up to 85,000 barrels per hour 
(bph). At full operating capacity, fifteen Very Large Crude Carrier 
(VLCC) vessels (or equivalent volumes) would be loaded per month from 
the proposed deepwater port for a total of 1 million barrels per day. 
VLCCs can carry cargos of approximately 2 million barrels of oil. 
Loading of one VLCC vessel is expected to take 33 hours.
    The overall project would consist of offshore components as well as 
onshore components. The GulfLink deepwater port offshore and marine 
components would consist of the following:
     Texas GulfLink Offshore Metering Platform and Control 
Platform: Two (2) fixed offshore platforms with piles in Outer 
Continental Shelf Galveston Area Lease Block 423, approximately 28.3 
nautical miles off the coast of Freeport, Texas in a water depth of 
approximately 104 feet. The fixed offshore platform would be comprised 
of a metering platform and a control platform. The Control Platform 
will contain personnel living quarters, a helideck and a vessel traffic 
controller control room, utilizing a state-of-the-art radar system to 
monitor the port on a 24-hour basis. The Metering Platform will 
contain: Generators, pig receivers, lease automatic custody transfer 
(LACT) unit, oil displacement prover loop, sampling pot, radar tower, 
electrical and instrumentation building, portal cranes, and a crane. 
Each platform will have three levels with the upper level at a 109-foot 
elevation, the midlevel at 84 feet, and the lower level at 69 feet.
     One (1) 42-inch outside diameter, 28.3-nautical-mile 
(32.57 statute mile) long crude oil pipeline would be constructed from 
the shoreline crossing in Brazoria County, Texas, to the GulfLink 
deepwater port for crude oil delivery. This pipeline would connect the 
onshore Jones Creek Terminal described below to the offshore Texas 
GulfLink deepwater port.
     The platform is connected to VLCC tankers for loading by 
two (2) separate 42-inch diameter departing pipelines. Each pipeline 
will depart the offshore

[[Page 30300]]

platform, carrying the oil to a Pipeline End Manifold (PLEM) in 
approximately 104 feet water depth located 1.25 nautical miles (1.43 
statute miles) from the offshore platform. Each PLEM is then connected 
through two (2) 24-inch hoses to a Single Point Mooring (SPM) Buoy. Two 
24-inch floating loading hoses will connect the SPM Buoy to the VLCC or 
other crude oil carrier. SPM Buoy 1 is in Outer Continental Shelf 
Galveston Area Lease Block 423 and SPM Buoy is in Outer Continental 
Shelf Galveston Area Lease Block A36.
    The Texas GulfLink deepwater port onshore storage and supply 
components would consist of the following:
     Texas GulfLink Onshore Storage Terminal: The proposed 
Jones Creek Terminal would be located in Brazoria County, Texas, on 
approximately 200 acres of land consisting of eight (8) above ground 
storage tanks, each with a working storage capacity of 685,000 barrels, 
for a total onshore storage capacity of approximately 6 million 
barrels. The facility can accommodate five (5) additional tanks, 
bringing the total to thirteen (13) tanks or 9.8 million barrels of 
shell capacity with 8.6 million barrels of working capacity, should 
commercial drivers dictate.
     The Jones Creek Terminal also would include: Six (6) 
electric-driven mainline crude oil pumps; three (3) electric driven 
booster crude oil pumps; one (1) crude oil pipeline pig launcher; one 
(1) crude oil pipeline pig receiver; two (2) measurement skids for 
measuring incoming crude oil--one (1) skid located at the incoming 
pipeline from the Bryan Mound facility, and one (1) skid installed for 
the outgoing crude oil barrels leaving the tank storage to be loaded on 
the VLCC; and ancillary facilities to include an operations control 
center, electrical substation, offices, and warehouse building.
     Two onshore crude oil pipelines would be constructed 
onshore to support the Texas GulfLink deepwater port and include the 
following items:
    [cir] One (1) proposed incoming 9.45 statute mile 36-inch outside 
diameter pipeline originating at the Department of Energy (DOE) 
facility in Bryan Mound with connectivity to the Houston market.
    [cir] One (1) proposed outgoing 12.45 statute mile 42-inch outside 
diameter connection from the Jones Creek Terminal to the shore crossing 
where this becomes the subsea pipeline supplying the offshore deepwater 
port.

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 by visiting http://www.regulations.gov.

    Authority:  33 U.S.C. 1501, et seq.; 49 CFR 1.93(h).

    Dated: June 21, 2019.

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2019-13638 Filed 6-25-19; 8:45 am]
 BILLING CODE 4910-81-P