[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Pages 41713-41715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13310]


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

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number MARAD-2023-0119]


Deepwater Port License Application: Grand Isle LNG Operating 
Company, LLC; Notice of Application

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice.

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

SUMMARY: The Maritime Administration (MARAD) and the U.S. Coast Guard 
(USCG) announce that they have received an application from Grand Isle 
LNG Operating Company, LLC (Applicant) for the licensing of a deepwater 
port and that the application for the Grand Isle LNG Export Deepwater 
Port Development Project contains information sufficient to commence 
processing. This notice summarizes the Applicant's project plans and 
the procedures that will be considered during the application review 
process.

DATES: The Deepwater Port Act of 1974, as amended, (the Act) requires 
at least one public hearing on this application to be held in the 
designated Adjacent Coastal State(s) (ACS) 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: You may submit comments identified by DOT Docket Number 
MARAD-2023-0119 by any one of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Search MARAD-2023-0119 and follow the instructions 
for submitting comments.
     Mail or Hand Delivery: The Docket Management Facility is 
in the West Building, Ground Floor of the U.S. Department of 
Transportation. The Docket Management Facility location address is U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Room W12-140, Washington, DC 20590, Docket Number MARAD-2023-0119. Call 
202-493-0402 to determine facility hours prior to hand delivery.

    Note:  If you mail or hand-deliver your comments, we recommend 
that you include your name and a mailing address, an email

[[Page 41714]]

address, and/or a telephone number on a cover page, so that we can 
contact you if we have questions regarding your submission.

    Instructions: All submissions received must include the agency name 
and specific docket number. All comments received will be posted 
without change to the docket at www.regulations.gov, including any 
personal information provided.
    For assistance please contact either the Maritime Administration 
via email at [email protected], or the U.S. Coast Guard via email 
at [email protected]. Include ``MARAD-2023-0119'' in the subject 
line of the message. This email will not be relied on for the intake of 
comments for this deepwater port license application. To submit written 
comments and other material submissions, please follow the directions 
above. Please do not submit written comments or other materials to the 
email addresses in this section. Improperly submitted comments 
interfere with MARAD and USCG's ability to help others seeking 
assistance with comment submission or public meeting attendance.

SUPPLEMENTARY INFORMATION: 

Receipt of Application

    On June 1, 2023, MARAD and USCG received an application from the 
Applicant for all Federal authorizations required for a license to own, 
construct, and operate a deepwater port for the export of liquefied 
natural gas (LNG) as authorized by the Act and implemented under 33 
Code of Federal Regulations (CFR) Parts 148, 149, and 150. After a 
coordinated completeness review by MARAD, 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 1501.8. 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-2023-0119. Each comment will be incorporated into the 
U.S. Department of Transportation docket and substantive comments will 
be 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 Grand Isle LNG Export Deepwater Port Development 
Project deepwater port license application.
    MARAD, in issuing this Notice of Application pursuant to 33 U.S.C. 
1504(c), must designate as an ACS 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 is the designated ACS for 
this application. Other states may request from the Maritime 
Administrator designation as an ACS in accordance with 33 U.S.C. 
1508(a)(2).
    The Act directs that at least one public hearing take place in each 
ACS, in this case, Louisiana. 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 Statement 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-2023-0119.
    The 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 ACS, in 
this case, the Governor of Louisiana, may notify MARAD of 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 ACS. 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 
ACS until commencement of the 45-day period after the final public 
hearing for the Final Environmental Impact Statement is completed. The 
Maritime Administrator must render a decision on the application within 
90 days after the final hearing.
    Should a favorable record of decision be rendered and a license be 
issued, MARAD may include specific

[[Page 41715]]

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 and 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, the 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

    The application proposes the ownership, construction, operation, 
and eventual decommissioning of the Grand Isle LNG Export Deepwater 
Port Development Project deepwater port (``DWP'') to be located 
approximately 11.3 nautical miles (13 statute miles, or 20.9 
kilometers) offshore Plaquemines Parish, Louisiana. The project would 
involve the installation of two nominal 2.1 MTPA liquefaction systems 
installed in the West Delta Outer Continental Shelf Lease Block 35 (WD-
35), in approximately 68 to 72 feet of water. The proposed Grand Isle 
LNG Export Deepwater Port Development Project DWP would export 
liquefied natural gas (LNG) up to 4.2 million metric tons per annum 
(MMTPA).
    The proposed Grand Isle LNG Export Deepwater Port Development 
Project DWP would consist of fixed and floating components. These 
components would include eight (8) platforms, two (2) floating storage 
units (FSUs), and three (3) interconnecting lateral pipelines for feed 
gas supply. The eight platforms would include two (2) gas treatment 
platforms; two (2) LNG liquefaction platforms; two (2) LNG loading 
platforms; one (1) accommodations platform; and one (1) thermal 
oxidizer platform. Each platform would be connected via a series of 
eight (8) linking bridges; the two FSUs would be connected using two 
(2) telescopic gangways.
    The LNG would be loaded onto standard LNG carriers with nominal 
cargo capacities between 125,000 and 180,000 cubic meters (m3) (average 
expected size is 155,000 m3) for the export of LNG, including to Free 
Trade Agreement (FTA) and non-FTA nations.
    The project would be completed in two phases. Phase 1 construction 
would include five (5) platforms (a gas treatment platform, an LNG 
liquefaction platform, an LNG loading platform, the accommodations 
platform, and the thermal oxidizer platform), one (1) FSU, and 
interconnect lateral pipelines. Phase 1 would produce 2.1 MMTPA of LNG. 
Phase 2 construction would be expected to begin one year after the 
beginning of Phase 1 construction. Phase 2 would include the remaining 
three (3) platforms (a gas treatment platform, an LNG liquefaction 
platform, and an LNG loading platform) and an additional FSU. Phase 2 
would increase the production of the project to 4.2 MMTPA of LNG.
    The feed gas supply to the project would be transported via three 
(3) new pipeline laterals. A new 24-inch-diameter lateral, 1.11 statute 
miles (1.79 kilometers) in length, would tie-in to the existing 
Kinetica Partners existing 24-inch (61-centimeter) pipeline. A new 20-
inch lateral, 0.43 statute mile (0.69 kilometer) in length, would tie-
in to the existing 20-inch (51-centimeter) Kinetica Partners pipeline. 
Finally, a new 20-inch-diameter lateral, 4.75 statute miles (7.64 
kilometers) in length, would tie-in to the existing 18-inch (46-
centimeter) High Point Gas Transmission pipeline.
    The fabrication and assembly yards for the DWP's fixed components 
would be located in south Louisiana. One (1) purpose-built transport 
barge and three (3) project-specific tugs would also be built in south 
Louisiana. The two (2) FSUs proposed for the project would be 
repurposed LNG carriers. These would be converted to FSUs in a shipyard 
located in Europe or Asia.
    The onshore components would consist of leasing an existing 
receiving area/warehouse with an onsite office. These components would 
be located at one of the existing fabrication yards in Louisiana.
    For Phases 1 and 2, platform and pile fabrication and assembly 
would be contracted to various existing fabrication yards in south 
Louisiana with the capacity to build and load out up to a 10,000-short-
ton deck. Most of the major equipment (e.g., generators, cranes, gas 
compressors, and gas treating equipment) would be purchased, 
fabricated, and assembled at vendor suppliers and then shipped pre-
commissioned and ready to install on each of the platform topsides.
    The living quarters and helideck that are part of the 
accommodations platform would be prefabricated and shipped separately. 
The selected contractor would install the prefabricated quarters onto 
the accommodations platform deck at the onshore fabrication yard. The 
piles and risers would be fabricated at a fabrication yard in the south 
Louisiana region. Subsea assemblies would be fabricated and tested at a 
fabrication yard.
    The purpose-built transport barge and the three project-specific 
tugs would be built in a south Louisiana shipyard. The tugs and barge 
would be used during both installation phases of the DWP.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). For information on DOT's compliance with 
the Privacy Act, please visit https://www.transportation.gov/privacy.

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

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2023-13310 Filed 6-26-23; 8:45 am]
BILLING CODE 4910-81-P