53874 Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices 

1The Dow Chemical Company, DOE/FE Order 

No. 2859 (October 5, 2010) extends through October 

4, 2012. 

2The Dow Chemical Company, DOE/FE Order 

No. 3083 (April 20, 2012). 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jim Teague, United States 

Transportation Command, TCJ5/4–PI, 

508 Scott Drive, Scott Air Force Base, IL 

62225–5357; (618) 220–4803. 

SUPPLEMENTARY INFORMATION: In 

furtherance of DoD’s goal to develop 

and implement an efficient personal 

property program to facilitate quality 

movements of personal property for our 

military members and civilian 

employees, DPM business rules were 

developed in concert with the Military 

Services and SDDC. The following 

business rules are available for review 

and comment: 

DPM Tender of Service (TOS) 

Attachment V.E.1—Customer 

Satisfaction Survey 

Attachment V.F.1—Best Value Score 

Attachment V.F.2—Shipment 

Management 

Attachment V.F.3—TSP Qualifications 

Attachment V.F.4—Rate Filing 

Attachment V.F.5—DPM CONUS 

Freight TSP 

Attachment V.Q.2—Quality Assurance 

Any subsequent modification(s) to the 

business rules will be published in the 

Federal Register and incorporated into 

the Defense Transportation Regulation 

(DTR) Part IV (DTR 4500.9R). These 

program requirements do not impose a 

legal requirement, obligation, sanction 

or penalty on the public sector, and will 

not have an economic impact of $100 

million or more. 

Additional Information: A complete 

version of the DTR is available via the 

Internet on the USTRANSCOM 

homepage at http://www.transcom.mil/ 

dtr/part-iv/. 

Dated: August 29, 2012. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2012–21696 Filed 8–31–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 12–76–LNG] 

The Dow Chemical Company; 

Application for Blanket Authorization 

To Export Previously Imported 

Liquefied Natural Gas on a Short-Term 

Basis 

AGENCY: Office of Fossil Energy, DOE. 

ACTION: Notice of application. 

SUMMARY: The Office of Fossil Energy 

(FE) of the Department of Energy (DOE) 

gives notice of receipt of an application 

(Application), filed on July 13, 2012, by 

The Dow Chemical Company (Dow), 

requesting blanket authorization to 

export liquefied natural gas (LNG) that 

previously had been imported into the 

United States from foreign sources in an 

amount up to the equivalent of 390 

billion cubic feet (Bcf) of natural gas on 

a short-term or spot market basis for a 

two-year period commencing on 

October 5, 2012.1 Dow seeks 

authorization to export this LNG from 

existing facilities on Quintana Island, 

Texas, to any country with the capacity 

to import LNG via ocean-going carrier 

and with which trade is not prohibited 

by U.S. law or policy. Dow is requesting 

this authorization both on its own 

behalf and as agent for other parties who 

hold title to the LNG at the time of 

export. The Application was filed under 

section 3 of the Natural Gas Act (NGA). 

Protests, motions to intervene, notices of 

intervention, and written comments are 

invited. 

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, October 4, 

2012. 

ADDRESSES: 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 Beverly Howard, 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) 586–9387; 

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 

Ave. SW., Washington, DC 20585, 

(202) 586–3397. 

SUPPLEMENTARY INFORMATION: 

Background 

Dow is a Delaware corporation with 

its principal place of business in 

Midland, Michigan. Dow is an 

international chemical and plastics 

manufacturing company with 

operations in a number of U.S. states. 

Dow owns and operates a large 

petrochemical manufacturing facility in 

Freeport, Texas, which is in close 

proximity to the LNG import/export 

terminal owned and operated by 

Freeport LNG Development, L.P. (FLNG) 

on Quintana Island, Texas. Dow 

contracted 0.5 Bcf per day of terminal 

capacity from FLNG for a twenty-year 

period beginning in July 2008. Dow’s 

petrochemical facility in Freeport has 

the capability to receive regasified LNG 

from the FLNG terminal via several 

pipelines that extend directly to the 

facility. 

On April 20, 2012, FE granted Dow 

blanket authorization to import and 

export natural gas from and to Canada 

and Mexico and to import LNG from 

various international sources for a twoyear term beginning on June 1, 2012.2

Under the terms of the blanket 

authorization, the LNG may be imported 

to any LNG receiving facility in the 

United States or its territories. 

Current Application 

In the instant Application, Dow 

requests blanket authorization to export 

previously imported LNG on a shortterm or spot market basis in an amount 

up to the equivalent of 390 Bcf of 

natural gas. Dow further requests that 

such authorization extend to LNG 

supplies imported from foreign sources 

to which Dow holds title, as well as to 

LNG supplies imported from foreign 

sources that Dow may export on behalf 

of other entities who themselves hold 

title. .Dow requests authorization to 

export this LNG from the FLNG terminal 

to any country with the capacity to 

import LNG via ocean-going carrier and 

with which trade is not prohibited by 

U.S. law or policy over a two-year 

period, on a short-term or spot market 

basis Dow states that it does not seek 

authorization to export domesticallyproduced natural gas. 

Dow states that its interest in 

renewing its blanket re-export 

authorization is driven by its desire to 

optimize the long-term LNG 

terminalling capacity for which it has 

contracted at the FLNG terminal and its 

need for flexibility to respond to 

periodic changes in domestic and world 

markets for natural gas and LNG. Dow 

desires the flexibility either to export 

the imported LNG to other world 

markets or to have LNG regasified for 

sale or use in domestic markets, 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices 53875 

3 15 U.S.C. 717b.(a). Natural gas is defined to 

include LNG in 10 CFR Part 590.102(i). 

4Phillips Alaska Natural Gas Corp. and Marathon 

Oil Co., DOE/FE Order No. 1473 (2 FE ¶ 70,317) 

at 13 (April 2, 1999), citing Panhandle Producers 

and Royalty Owners Association v. ERA, 822 F.2d 

1105, 1111 (DC Cir. 1987). 

5 Id at 14. 

6Freeport LNG Development, L.P., Order No. 

2644, June 8, 2009 at p. 12. 

including at Dow’s petrochemical 

facility in Freeport, a decision that 

would be based on prevailing market 

conditions. 

Public Interest Considerations 

In support of its Application, Dow 

states that pursuant to section 3 of the 

NGA, FE is required to authorize natural 

gas exports to a foreign country unless 

there is a finding that such exports ‘‘will 

not be consistent with the public 

interest.’’ 3 Dow states that section 3 

thus creates a statutory presumption in 

favor of a properly framed export 

application.4 Dow states further that the 

public interest determination is guided 

by DOE Delegation Order No. 0204–111, 

which provides that the domestic need 

for natural gas is the principal factor to 

be considered when evaluating an 

export application.5

As detailed in the Application, Dow 

states the blanket export authorization 

requested by Dow satisfies the public 

interest standard for the following 

reasons. Dow states that the LNG that 

may be exported pursuant to the blanket 

authorization requested in the 

Application is not needed to meet 

domestic demand. Dow states that DOE/ 

FE has issued a number of blanket 

authorizations to export previouslyimported LNG, including the one issued 

to Dow in Order No. 2859, finding that 

such LNG is not needed to meet 

domestic demand for natural gas. In 

addition, Dow states that on July 19, 

2011, in Order No. 2986, which 

renewed FLNG’s authorization to export 

previously imported LNG from its 

terminal facilities on Quintana Island, 

Texas, DOE/FE concluded that ‘‘the 

evidence of record indicates that Untied 

States consumers continue to have 

access to substantial quantities of 

natural gas sufficient to meet domestic 

demand from multiple other sources at 

competitive prices without drawing on 

the LNG which Freeport LNG seeks to 

export.’’ 

Dow further states that granting the 

requested export authorization will 

facilitate the importation of LNG into 

the United States. Further details can be 

found in the Application. 

Environmental Impact 

Dow asserts that its requested export 

authorization does not raise any 

environmental concerns. Dow states that 

no new facilities or modifications to any 

existing facilities at FLNG’s Quintana 

Island terminal would be required in 

order for Dow to export LNG from the 

terminal. Dow further states that the 

environmental impacts of permitting the 

exportation of LNG from FLNG’s 

Quintana Island terminal were already 

reviewed by DOE/FE in Order No. 

2644 6 as well as the granting of 

authority to others exporting previously 

imported LNG from the FLNG terminal. 

Dow asserts that consequently, the same 

conclusion is applicable to this 

Application insofar as the blanket 

authorization requested by Dow is 

substantially identical to its current 

blanket authorization. 

DOE/FE Evaluation 

This export Application will be 

reviewed pursuant to section 3 of the 

NGA, as amended, and the authority 

contained in DOE Delegation Order No. 

00–002.00L (April 29, 2011) and DOE 

Redelegation Order No. 00–002.04E 

(April 29, 2011). In reviewing this LNG 

export Application, DOE will consider 

domestic need for the 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 this Application should 

comment in their responses on these 

issues. 

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. 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 fergas@hq.doe.gov, with FE 

Docket No. 12–76–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. 

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 filed by Dow is 

available for inspection and copying in 

the Office of Natural Gas Regulatory 

Activities docket 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: 


tkelley on DSK3SPTVN1PROD with NOTICES
53876 Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices 

http://www.fe.doe.gov/programs/ 

gasregulation/index.html. 

Issued in Washington, DC, on August 29, 

2012. 

John A. Anderson, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. 2012–21690 Filed 8–31–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Proposed Subsequent Arrangement 

AGENCY: Office of Nonproliferation and 

International Security, Department of 

Energy. 

ACTION: Proposed subsequent 

arrangement. 

SUMMARY: This notice is being issued 

under the authority of section 131a. of 

the Atomic Energy Act of 1954, as 

amended. The Department is providing 

notice of a proposed subsequent 

arrangement under the Agreement for 

Cooperation Concerning Civil Uses of 

Nuclear Energy Between the 

Government of the United States of 

America and the Government of Canada 

and the Agreement for Cooperation in 

the Peaceful Uses of Nuclear Energy 

Between the United States of America 

and the European Atomic Energy 

Community. 

DATES: This subsequent arrangement 

will take effect no sooner than 

September 19, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Sean Oehlbert, Office of 

Nonproliferation and International 

Security, National Nuclear Security 

Administration, Department of Energy. 

Telephone: 202–586–3806 or email: 

Sean.Oehlbert@nnsa.doe.gov. 

SUPPLEMENTARY INFORMATION: This 

subsequent arrangement concerns the 

retransfer of 2,959,580 kg of U.S.-origin 

natural uranium hexafluoride (UF6) 

(67.60% U), 2,000,000 kg of which is 

uranium, from Cameco Corporation 

(Cameco) in Saskatoon, Saskatchewan, 

Canada, to URENCO in Almelo, 

Netherlands. The material, which is 

currently located at Cameco, will be 

used for toll enrichment by URENCO at 

their facility in Almelo, Netherlands. 

The material was originally obtained by 

Cameco from the Feed Component 

Substitution Implementing Contract. 

In accordance with section 131a. of 

the Atomic Energy Act of 1954, as 

amended, it has been determined that 

this subsequent arrangement concerning 

the retransfer of nuclear material of 

United States origin will not be inimical 

to the common defense and security. 

Dated: August 13, 2012. 

For the Department of Energy. 

Anne M. Harrington, 

Deputy Administrator, Defense Nuclear 

Nonproliferation. 

[FR Doc. 2012–21684 Filed 8–31–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Proposed Subsequent Arrangement 

AGENCY: Office of Nonproliferation and 

International Security, Department of 

Energy. 

ACTION: Proposed subsequent 

arrangement. 

SUMMARY: This notice is being issued 

under the authority of section 131a. of 

the Atomic Energy Act of 1954, as 

amended. The Department is providing 

notice of a proposed subsequent 

arrangement under the Agreement for 

Cooperation Concerning Civil Uses of 

Nuclear Energy Between the 

Government of the United States of 

America and the Government of Canada 

and the Agreement for Cooperation in 

the Peaceful Uses of Nuclear Energy 

Between the United States of America 

and the European Atomic Energy 

Community. 

DATE: This subsequent arrangement will 

take effect no sooner than September 19, 

2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Sean Oehlbert, Office of 

Nonproliferation and International 

Security, National Nuclear Security 

Administration, Department of Energy. 

Telephone: 202–586–3806 or email: 

Sean.Oehlbert@nnsa.doe.gov. 

SUPPLEMENTARY INFORMATION: This 

subsequent arrangement concerns the 

retransfer of 2,959,580 kg of U.S.-origin 

natural uranium hexafluoride (UF6) 

(67.60% U), 2,000,000 kg of which is 

uranium, from Cameco Corporation 

(Cameco) in Saskatoon, Saskatchewan, 

Canada, to URENCO in Capenhurst, 

United Kingdom. The material, which is 

currently located at Cameco, will be 

used for toll enrichment by URENCO at 

their facility in Capenhurst, United 

Kingdom. The material was originally 

obtained by Cameco from the Feed 

Component Substitution Implementing 

Contract. 

In accordance with section 131a. of 

the Atomic Energy Act of 1954, as 

amended, it has been determined that 

this subsequent arrangement concerning 

the retransfer of nuclear material of 

United States origin will not be inimical 

to the common defense and security. 

Dated: August 13, 2012. 

For the Department of Energy. 

Anne M. Harrington, 

Deputy Administrator, Defense Nuclear 

Nonproliferation. 

[FR Doc. 2012–21685 Filed 8–31–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Proposed Subsequent Arrangement 

AGENCY: Office of Nonproliferation and 

International Security, Department of 

Energy. 

ACTION: Proposed subsequent 

arrangement. 

SUMMARY: This notice is being issued 

under the authority of section 131a. of 

the Atomic Energy Act of 1954, as 

amended. The Department is providing 

notice of a proposed subsequent 

arrangement under the Agreement for 

Cooperation Concerning Civil Uses of 

Nuclear Energy Between the 

Government of the United States of 

America and the Government of Canada 

and the Agreement for Cooperation in 

the Peaceful Uses of Nuclear Energy 

Between the United States of America 

and the European Atomic Energy 

Community. 

DATES: This subsequent arrangement 

will take effect no sooner than 

September 19, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Sean Oehlbert, Office of 

Nonproliferation and International 

Security, National Nuclear Security 

Administration, Department of Energy. 

Telephone: 202–586–3806 or email: 

Sean.Oehlbert@nnsa.doe.gov. 

SUPPLEMENTARY INFORMATION: This 

subsequent arrangement concerns the 

retransfer of 2,959,580 kg of U.S.-origin 

natural uranium hexafluoride (UF6) 

(67.60% U), 2,000,000 kg of which is 

uranium, from Cameco Corporation 

(Cameco) in Saskatoon, Saskatchewan, 

Canada, to URENCO in Gronau, 

Germany. The material, which is 

currently located at Cameco, will be 

used for toll enrichment by URENCO at 

their facility in Gronau, Germany. The 

material was originally obtained by 

Cameco from the Feed Component 

Substitution Implementing Contract. In 

accordance with section 131a. of the 

Atomic Energy Act of 1954, as amended, 

it has been determined that this 

subsequent arrangement concerning the 

retransfer of nuclear material of United 

States origin will not be inimical to the 

common defense and security. 


tkelley on DSK3SPTVN1PROD with NOTICES