[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69627-69628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22297]



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DEPARTMENT OF ENERGY

[Docket No. 21-99-LNG]


Carib Energy (USA), LLC; Request for Amendment To Order Granting 
Blanket Authorization To Export Previously Imported Liquefied Natural 
Gas in ISO Containers by Vessel to Non-Free Trade Agreement Nations

AGENCY: Office of Fossil Energy and Carbon Management, Department of 
Energy.

ACTION: Notice of request.

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SUMMARY: The Office of Fossil Energy and Carbon Management (FECM) of 
the Department of Energy (DOE) gives notice (Notice) of receipt of a 
Request for Amendment (Request), filed by Carib Energy (USA), LLC 
(Carib Energy) on September 7, 2023, and Supplemental Information 
Supporting Request for Export Authorization Amendment (Supplement) 
filed on September 21, 2023. Carib Energy is currently authorized to 
export liquefied natural gas (LNG) previously imported into the United 
States by vessel from foreign sources in a volume equivalent to 0.48 
billion cubic feet (Bcf) of natural gas on a cumulative basis over a 
two-year period to countries in Central America, South America, and the 
Caribbean. Carib Energy requests an increase in its authorized export 
volume of previously imported foreign-sourced LNG from the equivalent 
of 0.48 Bcf to 1.4 Bcf on a cumulative basis, effective June 1, 2023, 
and continuing through the end of its export term, April 6, 2024. Carib 
Energy filed the Request and Supplement under the Natural Gas Act 
(NGA).

DATES: Protests, motions to intervene, or notices of intervention, as 
applicable, and written comments are to be filed as detailed in the 
Public Comment Procedures section no later than 4:30 p.m., Eastern 
time, October 23, 2023.

ADDRESSES: 
    Electronic Filing by Email (strongly encouraged): 
[email protected].
    Postal Mail, Hand Delivery, or Private Delivery Services (e.g., 
FedEx, UPS, etc.): U.S. Department of Energy (FE-34), Office of 
Regulation, Analysis, and Engagement, Office of Fossil Energy and 
Carbon Management, Forrestal Building, Room 3E-056, 1000 Independence 
Avenue SW, Washington, DC 20585.
    Due to potential delays in DOE's receipt and processing of mail 
sent through the U.S. Postal Service, we encourage respondents to 
submit filings electronically to ensure timely receipt.

FOR FURTHER INFORMATION CONTACT: 
    Jennifer Wade or Peri Ulrey, U.S. Department of Energy (FE-34), 
Office of Regulation, Analysis, and Engagement, Office of Resource 
Sustainability, Office of Fossil Energy and Carbon Management, 
Forrestal Building, Room 3E-042, 1000 Independence Avenue SW, 
Washington, DC 20585, (202) 586-4749 or (202) 586-7893, 
[email protected] or [email protected].
    Cassandra Bernstein, U.S. Department of Energy (GC-76), Office of 
the Assistant General Counsel for Energy Delivery and Resilience, 
Forrestal Building, Room 6D-033, 1000 Independence Avenue SW, 
Washington, DC 20585, (202) 586-9793, [email protected].

SUPPLEMENTARY INFORMATION: 
    Background: On December 20, 2021, in DOE/FECM Order No. 4772,\1\ 
DOE authorized Carib Energy to export LNG previously imported from 
foreign sources in a volume equivalent to 0.48 Bcf of natural gas on a 
cumulative basis over a two-year period. Under this blanket order, 
Carib Energy is authorized to export the LNG in approved IMO7/TVAC-ASME 
LNG containers (ISO containers) loaded at the Crowley LNG Truck Loading 
Facility (Crowley Facility) located in Pe[ntilde]uelas, Puerto Rico,\2\ 
and transported on ocean-going carriers or container vessels to any 
country in Central America, South America, or the Caribbean that has, 
or in the future develops, the capacity to import LNG via approved ISO 
containers on ocean-going carriers or container vessels. This includes 
both countries with which the United States has entered into a free 
trade agreement (FTA) requiring national treatment for trade in natural 
gas (FTA countries),\3\ and any other country with which trade is not 
prohibited by U.S. law or policy (non-FTA countries).\4\
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    \1\ Carib Energy (USA) LLC, DOE/FECM Order No. 4772, Docket No. 
21-99-LNG, Order Granting Blanket Authorization to Export Previously 
Imported Liquefied Natural Gas in ISO Containers By Vessel to Free 
Trade and Non-Free Trade Agreement Nations (Dec. 20, 2021).
    \2\ The Crowley Facility receives LNG that has been imported 
from foreign sources into Puerto Rico via the EcoElectrica LNG 
Terminal. See id. at 5.
    \3\ 15 U.S.C. 717b(c). 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.
    \4\ 15 U.S.C. 717b(a); see Carib Energy (USA) LLC, DOE/FECM 
Order No. 4772, at 18 (Ordering Paras. A & B).
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    Carib Energy's two-year blanket authorization under Order No. 4772 
commenced on April 6, 2022, the date of first export under that 
authorization.\5\ Because the export authorization is effective (in 
relevant part) ``for a two-year term beginning on . . . the date of 
first export,'' \6\ Carib Energy's export term under Order No. 4772 is 
effective through April 6, 2024.
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    \5\ See Carib Energy (USA) LLC, Notice of First Export of LNG, 
Docket No. 21-99-LNG (Apr. 6, 2022).
    \6\ Carib Energy (USA) LLC, DOE/FECM Order No. 4772, at 18 
(Ordering Para. A).
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    Request for Amendment of Non-FTA Portion of Order No. 4772: On 
September 7, 2023, Carib Energy filed its Request to amend Order No. 
4772.\7\ Carib Energy provided additional information in its 
Supplement,\8\ filed on September 21, 2023. Carib Energy states that 
its ongoing exports of previously imported LNG to countries in the 
Caribbean (including to Barbados, a non-FTA country, and the Dominican 
Republic, a FTA country) have increased more rapidly than originally 
projected and recently exceeded the cumulative export volume authorized 
by Order No. 4772. Carib Energy further states that it anticipates 
exporting this previously imported LNG to Antigua (a non-FTA country) 
beginning in January 2024. Consequently, Carib Energy requests an 
amendment to Order No. 4772, increasing the overall level of LNG export 
volumes by 0.92 Bcf--from 0.48 Bcf to 1.4 Bcf on a cumulative basis--
effective June 1, 2023, through April 6, 2024.
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    \7\ Carib Energy (USA), LLC, Request for Amendment--LNG Export 
Authorization (Order No. 4772, Docket No. 21-99-LNG), Docket No. 21-
99-LNG (Sept. 7, 2023).
    \8\ Carib Energy (USA), LLC, Supplemental Information Supporting 
Request for Export Authorization Amendment, Docket No. 21-99-LNG 
(Sept. 21, 2023).
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    Carib Energy asserts that this export of foreign-sourced LNG will 
continue to play a critical role in meeting the natural gas supply 
needs of Barbados and Antigua (as well as the Dominican Republic), and 
that no new construction will be required to accommodate the amended 
export volume.
    This Notice applies only to the portion of the Request and 
Supplement seeking an amendment of Carib Energy's exports of previously 
imported LNG to the applicable non-FTA countries pursuant to NGA 
section 3(a).\9\ DOE will review the FTA portion of the Request and 
Supplement separately pursuant to NGA section 3(c).\10\
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    \9\ 15 U.S.C. 717b(a).
    \10\ 15 U.S.C. 717b(c).
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    Additional details can be found in Carib Energy's Request and 
Supplement, posted on the DOE website at: https://www.energy.gov/fecm/articles/carib-energy-usa-llc-fe-dkt-no-21-99-lng.

[[Page 69628]]

DOE Evaluation

    In reviewing Carib's Request and Supplement, DOE will consider any 
issues required by law or policy. DOE will consider domestic need for 
the natural gas, as well as any other issues determined to be 
appropriate, including whether the arrangement 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 the Request and Supplement should address these 
issues and documents in their comments and/or protests, as well as 
other issues deemed relevant to the Request.
    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et 
seq., requires DOE to give appropriate consideration to the 
environmental effects of its proposed decisions. No final decision will 
be issued in this proceeding until DOE has met its NEPA 
responsibilities.

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. Interested parties will be provided 15 days from the date 
of publication of this Notice in which to submit comments, protests, 
motions to intervene, or notices of intervention.
    Any person wishing to become a party to this proceeding evaluating 
Carib Energy's Request and Supplement must file a motion to intervene 
or notice of intervention. The filing of comments or a protest with 
respect to the Request and Supplement will not serve to make the 
commenter or protestant a party to this 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 
Request and Supplement. All protests, comments, motions to intervene, 
or notices of intervention must meet the requirements specified by the 
regulations in 10 CFR part 590, including the service requirements.
    Filings may be submitted using one of the following methods:
    (1) Submitting the filing electronically at [email protected];
    (2) Mailing the filing to the Office of Regulation, Analysis, and 
Engagement at the address listed in the ADDRESSES section; or
    (3) Hand delivering the filing to the Office of Regulation, 
Analysis, and Engagement at the address listed in the ADDRESSES 
section.
    For administrative efficiency, DOE prefers electronic filings. All 
filings must include a reference to ``Docket No. 21-99-LNG'' or ``Carib 
Energy Request'' in the title line.
    For electronic submissions: 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.
    The Request, Supplement, and any filed protests, motions to 
intervene, notices of interventions, and comments will also be 
available electronically on the DOE website at: www.energy.gov/fecm/regulation.
    A decisional record on the Request and Supplement 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. If an additional procedure is scheduled, notice will be 
provided to all parties. If no party requests additional procedures, a 
final Order may be issued based on the official record, including the 
Request, Supplement, and responses filed by parties pursuant to this 
Notice, in accordance with 10 CFR 590.316.

    Signed in Washington, DC, on September 29, 2023.
Amy Sweeney,
Director, Office of Regulation, Analysis, and Engagement, Office of 
Resource Sustainability.
[FR Doc. 2023-22297 Filed 10-5-23; 8:45 am]
BILLING CODE 6450-01-P