[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70233-70235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24468]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2020-0127]


Deepwater Port License Application: Blue Marlin LLC (BMOP)

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of application.

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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 BMOP 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-2020-0127.
    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. William Nabach, USCG or Dr. Efrain Lopez, 
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

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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. William Nabach, U.S. Coast Guard, 
telephone: 202-372-1437, email: [email protected], or Dr. 
Efrain Lopez, Maritime Administration, telephone: 202-366-9761, 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 October 1, 2020, MARAD and USCG received an application from 
Blue Marlin Offshore Port LLC (BMOP) for 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 Federal Energy Regulatory Commission (FERC), 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 1500-1508. Each agency may participate 
in scoping and/or other public meeting(s) and may adopt the MARAD/USCG 
prepared 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-
2020-0127. 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 BMOP's 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, Louisiana 
and Texas are the designated Adjacent Coastal States 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 for 
each Adjacent Coastal State, in this case, Louisiana and Texas. 
Additional public meetings may 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 
at docket number MARAD-2020-0127.
    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 Governors of the 
Adjacent Coastal States, in this case the Governors of Louisiana and 
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 Governors of the Adjacent Coastal States. During this 
45-day period, the Governors may also notify MARAD of inconsistencies 
between the application and States 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 Governors of the 
Adjacent Coastal States until after the final public hearing is 
complete and the 45-day period commences.
    The Maritime Administrator must render a decision on the 
application within 90 days after the final hearing.
    In accordance with section 33 U.S.C. 1504(d), MARAD is required to 
designate an application area for a deepwater port application intended 
to transport oil. Section 1504(d)(2) provides MARAD the discretion to 
establish a reasonable application area constituting the geographic 
area in which only one deepwater port may be

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constructed and operated. MARAD has consulted with USCG in developing 
BMOP'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-three-tenths (3.30) nautical miles centered at BMOP's 
existing WC 509 platform, latitude N 28[deg]26'00.01'' and longitude W 
93[deg]00'15.23''. 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

    BMOP 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 deepwater port would include the loading of various 
grades of crude oil at flow rates of up to 80,000 barrels per hour 
(bph). The BMOP deepwater port would allow for up to one (1) Very Large 
Crude Carrier (VLCC) or other crude oil carrier per catenary anchor leg 
mooring (CALM) and connect with the deepwater port via floating 
connecting crude oil hoses. The maximum frequency of loading VLCCs or 
other crude oil carriers would be approximately 2 million barrels per 
day (1,920,000), 365 days per year.
    The overall project would consist of offshore and marine components 
as well as onshore components as described below.
    The BMOP deepwater port offshore and marine components would 
consist of the following:
     Two (2) new CALM Buoys installed, one in WC 508 (CALM Buoy 
No. 1) and the other in EC 263(CALM Buoy No. 2). The CALM Buoys will be 
anchored to the seafloor via an engineered mooring system capable of 
accommodating mooring forces exerted by a VLCC or other large seafaring 
vessels during loading operations. Two 24-inch diameter floating hoses 
will be connected to each CALM Buoy. The hoses will be approximately 
1,500 feet long and used for loading operations.
     Two new PLEMs installed and anchored on the seafloor. Two 
24-inch undersea flexible hoses will be connected to each PLEM and 
associated CALM Buoy.
     Two Crude Oil Loading Pipelines, approximately 4,710 feet 
long to PLEM/CALM Buoy No. 1 and 6,085 feet long to PLEM/CALM Buoy No. 
2, installed from the WC 509 Platform Complex to the PLEM and CALM 
locations, one for each PLEM and CALM Buoy. The pipelines will be 
installed with the top of pipe at least three feet below the natural 
seafloor.
     New MLV on WC 148 Platform;
     Two new 36-inch risers connected to the Crude Oil Loading 
Pipelines on WC 509B Platform;
     New control room on WC 509B Platform;
     Three new pig barrels, one on the WC 509A Platform and two 
on WC 509B Platform;
     Meter station for crude oil on the WC 509B Platform;
     New living quarters (LQ) and heliport on the WC 509C 
Platform;
     Surge valves and tank on the WC 509B Platform; and
     New ancillary equipment for the 509 Platform (e.g., power 
generators, instrument/utility air system, fuel tanks, ac units, 
freshwater makers, firewater system, seawater and freshwater system, 
sewage treatment unit, fuel gas system, diesel system, closed drain 
system, open drain system, hydraulic power unit, hypochlorite system, 
cranes, communications tower and system, radar) to support operation of 
the offshore facilities.
     Safety Zone--The Applicant is requesting that the USCG 
Captain of the Port establish a Safety Zone around the entire DWP 
operations area. The Safety Zone will only be open to entry for VLCCs 
or other crude oil carriers prepared for connection for loading of 
crude oil, and the necessary service vessels supporting that process.
     Anchorage area--Existing USCG-designated anchorage areas 
will be utilized for VLCCs (or other crude carriers) awaiting mooring 
at a CALM Buoy or if they must disconnect from the CALM Buoys for 
safety reasons.
     Support vessel mooring area--A designated Service Vessel 
Mooring Area will be established in proximity to the offshore WC 509 
facilities.
    The BMOP deepwater port onshore storage and supply components would 
consist of the following:
     Temporary pre-fabrication yards--Component fabrication 
will occur at multiple existing fabrication facilities within the GOM 
coastal region.
     Support facilities--Facilities within the GOM coastal 
region providing support for offshore operations and maintenance 
activities (e.g., helicopters, supply vessels, work boats, equipment 
suppliers, and maintenance workers).
    For more information on the BMOP deepwater port project, you can 
visit the Regulations.gov website: http://www.regulations.gov under 
docket number MARAD-2020-0127.

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: October 30, 2020.
    By Order of the Maritime Administrator.

T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2020-24468 Filed 11-3-20; 8:45 am]
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