52650 Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices 

2Cheniere Marketing, Inc., DOE/FE Order No. 

2327, issued January 29, 2007. 

placed into service during the second 

quarter of 2009. 

On January 29, 2007, FE granted CMI 

blanket authorization to import LNG 

from various international sources for a 

two-year term beginning on January 29, 

2007.2

Current Application 

In the instant application, CMI is 

seeking blanket authorization to export 

LNG that has been imported into the 

United States over a two-year period, on 

a short-term or spot market basis, in an 

amount up to the equivalent of 64 Bcf 

of natural gas. 

Public Interest Considerations 

In support of its application, CMI 

states that there is no domestic reliance 

on the LNG that it seeks to export. It 

indicates that the gas which it seeks to 

export is restricted to foreign sourced 

LNG. CMI adds that, due to global LNG 

market conditions, U.S. natural gas 

demand and prices do not currently 

support the importation of LNG into the 

U.S., and the export authorization 

sought herein would provide U.S. gas 

consumers two principal benefits: (1) It 

would foster the continuing operation of 

U.S. energy infrastructure by enabling 

the applicant to economically import 

LNG for the maintenance and continual 

operation of the Sabine Pass facilities 

during periods when market conditions 

may not otherwise favor deliveries of 

LNG into the U.S.; and (2) to the extent 

imported LNG may be needed to meet 

U.S. gas demand, the authorization 

would help to ensure that such supply 

is available and ready for delivery to 

U.S. markets. CMI, therefore, asserts in 

its application that a grant of the 

proposed authorization would not 

reduce U.S. natural gas supplies but 

would actually increase domestic 

supplies because it would encourage 

CMI to obtain and store spot-market 

LNG cargoes, making it available to 

supply domestic markets when 

conditions support it, thereby also 

serving to moderate U.S. natural gas 

prices. 

DOE/FE Evaluation 

This export application will be 

reviewed pursuant to section 3 of the 

Natural Gas Act, as amended, and the 

authority contained in DOE Delegation 

Order No. 00–002.00G (Jan. 29, 2007) 

and DOE Redelegation Order No. 00–

002.04C (Jan. 30, 2007). 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. 

CMI asserts the proposed 

authorization is in the public interest. 

Under section 3 of the Natural Gas Act, 

as amended, an LNG export from the 

United States to a foreign country must 

be authorized unless ‘‘the proposed 

exportation will not be consistent with 

the public interest.’’ Section 3 thus 

creates a statutory presumption in favor 

of approval of this application, and 

parties opposing the authorization bear 

the burden of overcoming this 

presumption. 

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, motion to intervene 

or notice of intervention and written 

comments, as provided in DOE’s 

regulations at 10 CFR section 590.301, et 

seq. Any person wishing to become a 

party to the proceeding and to have 

their written comments considered as a 

basis for any decision on the application 

must file a motion to intervene or notice 

of intervention, as applicable. The filing 

of a protest with respect to the 

application will not serve to make the 

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, 

motions to intervene, notices of 

intervention, and written comments 

must meet the requirements specified by 

the regulations in 10 CFR part 590. 

Protests, motions to intervene, notices of 

intervention, requests for additional 

procedures, and written comments 

should be filed with the Office of Oil 

and Gas Global Security and Supply at 

the address listed above. 

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 trialtype 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 Cheniere 

Marketing, Inc. is available for 

inspection and copying in the Office of 

Oil and Gas Global Security and Supply 

docket room, 3E–042, at the above 

address. The docket room is open 

between the hours of 8 a.m. and 4:30 

p.m., Monday through Friday, except 

Federal holidays. The application is also 

available electronically by going to the 

following Web address: http:// 

www.fe.doe.gov/programs/ 

gasregulation/index.html. 

Issued in Washington, DC, on September 4, 

2008. 

Robert F. Corbin, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. E8–21059 Filed 9–9–08; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[FE Docket No. 08–70–LNG] 

Freeport LNG Development, L.P.; 

Application for Blanket Authorization 

To Export Liquefied Natural Gas 

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 

filed on August 1, 2008 by Freeport LNG 

Development, L.P. (Freeport LNG), 

requesting blanket authorization to 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices 52651 

1Freeport LNG Development, L.P., Order 

Granting Authorization Under Section 3 of the 

Natural Gas Act, 107 FERC ¶ 61,278 (2004), Order 

Granting Rehearing and Clarification, 108 FERC 

¶ 61,253 (2004); Order Amending Section 3 

Authorization, 112 FERC ¶ 61,194 (2005). 

2 Freeport LNG Development L.P., DOE/FE Order 

No. 2457, issued January 15, 2008. 

export liquefied natural gas (LNG) that 

previously had been imported from 

foreign sources on their own behalf or 

as agent for others on a short-term or 

spot market basis from existing facilities 

on Quintana Island, Texas in an amount 

up to the equivalent of 24 Billion cubic 

feet (Bcf) of natural gas to the United 

Kingdom, Belgium, Spain, France, Italy, 

Japan, South Korea, India, China, and/ 

or Taiwan over a two-year period 

commencing on the date of the 

authorization. 

The application is filed under section 

3 of the Natural Gas Act (15 U.S.C. 

717b), as amended by section 201 of the 

Energy Policy Act of 1992 (Pub. L. 102–

486), and DOE Delegation Order No. 00–

002.00G (Jan. 29, 2007) and DOE 

Redelegation Order No. 00–002.04C 

(Jan. 30, 2007). 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 at the 

address listed below no later than 4:30 

p.m., eastern time, October 10, 2008. 

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 Fossil Energy and 

Energy Efficiency, Forrestal Building, 

Room 6B–159, 1000 Independence 

Ave. SW., Washington, DC 20585, 

(202) 586–3397. 

SUPPLEMENTARY INFORMATION: 

Background 

Freeport LNG is a Delaware limited 

partnership with one general partner, 

Freeport LNG–GP, Inc., a Delaware 

corporation, which is owned 50% by an 

individual, Michael S. Smith, and 50% 

by ConocoPhillips Company. Freeport 

LNG’s limited partners are: (1) Freeport 

LNG Investments, LLLP, a Delaware 

limited liability limited partnership, 

which owns a 45% limited partnership 

interest in Freeport LNG; (2) Cheniere 

FLNG, L.P., a Delaware limited 

partnership, which owns a 30% limited 

partnership interest in Freeport LNG; (3) 

Texas LNG Holdings LLC, a Delaware 

limited liability company and whollyowned subsidiary of The Dow Chemical 

Company, which owns a 15% limited 

partnership interest in Freeport LNG; 

and (4) Turbo LNG LLC, a Delaware 

limited liability company and whollyowned subsidiary of Osaka Gas Co., 

Ltd., which owns a 10% limited 

partnership interest in Freeport LNG. 

The Federal Energy Regulatory 

Commission (FERC) has authorized 

Freeport LNG to site, construct and 

operate a new LNG import, storage, and 

vaporization terminal on Quintana 

Island, Texas and an associated 9.6-mile 

long send-out pipeline which will be 

utilized to import up to 1.55 Bcf per day 

of LNG.1 On July 1, 2008, FERC issued 

a letter Order granting Freeport LNG’s 

request to commence service at its 

Quintana Island import terminal. 

On January 15, 2008, FE granted 

Freeport LNG blanket authorization to 

import up to 30 Bcf of LNG from various 

international sources for a two-year term 

beginning March 1, 2008.2

Current Application 

In the instant application, Freeport 

LNG is seeking blanket authorization to 

export LNG over a two-year period, on 

a short-term or spot market basis, in an 

amount up to the equivalent of 24 Bcf 

of natural gas, that has been imported 

into the United States. Freeport LNG is 

seeking this authorization so that it may 

sell in non-U.S. markets any imported 

LNG that is not required for the 

operation of its facilities should U.S. 

market prices not support the sale of 

such imported LNG domestically. 

Public Interest Considerations 

In support of its application, Freeport 

LNG states that there is no domestic 

reliance on the LNG that it seeks to 

export. Due to global LNG market 

conditions, U.S. natural gas demand and 

prices do not currently support the 

importation of LNG into the U.S., and 

export authorization is needed in order 

to enable the applicant to economically 

import LNG for the maintenance and 

continual operation of the Freeport LNG 

facilities. 

Freeport LNG also states in its 

application that local natural gas 

supplies will not be reduced. The 

applicant states that it intends to export 

only foreign sourced LNG, and does not 

intend to export domestically produced 

natural gas. Further, the applicant states 

that U.S. natural gas supplies would 

actually increase if the requested 

authorization were granted, since the 

boil-off gas from any LNG cargoes 

delivered to the Freeport LNG terminal 

would be sold into U.S. markets. 

Additionally, granting of the requested 

authorization would encourage Freeport 

LNG to obtain and store spot-market 

LNG cargoes, making it available to 

supply local markets when conditions 

support it, thereby serving to moderate 

U.S. natural gas price volatility. 

DOE/FE Evaluation 

This export application will be 

reviewed pursuant to section 3 of the 

Natural Gas Act, as amended, and the 

authority contained in DOE Delegation 

Order No. 00–002.00G (Jan. 29, 2007) 

and DOE Redelegation Order No. 00–

002.04C (Jan. 30, 2007). 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. 

Freeport LNG asserts the proposed 

authorization is in the public interest. 

Under section 3 of the Natural Gas Act, 

as amended, an LNG export from the 

United States to a foreign country must 

be authorized unless ‘‘the proposed 

exportation will not be consistent with 

the public interest.’’ Section 3 thus 

creates a statutory presumption in favor 

of approval of this application, and 

parties opposing the authorization bear 

the burden of overcoming this 

presumption. 

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, motion to intervene 

or notice of intervention, as applicable, 

and written comments. Any person 

wishing to become a party to the 

proceeding and to have their written 

comments considered as a basis for any 

decision on the application must file a 

motion to intervene or notice of 

intervention, as applicable. The filing of 


pwalker on PROD1PC71 with NOTICES
52652 Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices 

a protest with respect to the application 

will not serve to make the 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, motions to 

intervene, notices of intervention, and 

written comments must meet the 

requirements specified by the 

regulations in 10 CFR part 590. Protests, 

motions to intervene, notices of 

intervention, requests for additional 

procedures, and written comments 

should be filed with the Office of Oil 

and Gas Global Security and Supply at 

the address listed above. 

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 trialtype 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 Freeport LNG 

Development, L.P. is available for 

inspection and copying in the Office of 

Oil and Gas Global Security and Supply 

docket room, 3E–042, at the above 

address. The docket room is open 

between the hours of 8 a.m. and 4:30 

p.m., Monday through Friday, except 

Federal holidays. The application is also 

available electronically by going to the 

following Web address: http:// 

www.fe.doe.gov/programs/ 

gasregulation/index.html. 

Issued in Washington, DC, on September 4, 

2008. 

Robert F. Corbin, 

Manager, Natural Gas Regulatory Activities, 

Office of Oil and Gas Global Security and 

Supply, Office of Fossil Energy. 

[FR Doc. E8–20991 Filed 9–9–08; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2003–0215, 2004–0196, 

2004–0453, 2001–0005, 2004–0233, 2002–

0089 FRL–8712–6] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; Emission 

Guidelines and Compliance Times for 

Municipal Solid Waste Landfills; 

National Emission Standards for 

Inorganic Arsenic Emissions From 

Primary Copper Smelters; National 

Emission Standards for Hazardous Air 

Pollutant Emissions: Group I Polymers 

and Resins; National Emission 

Standards for Hazardous Air Pollutant 

Emissions: Group IV Polymers and 

Resins; National Emission Standards 

for Hazardous Air Pollutants: 

Manufacturing of Nutritional Yeast; 

National Emission Standards for 

Hazardous Air Pollutants: Rubber Tire 

Manufacturing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501, et seq.), this document announces 

that EPA is planning to submit a request 

to reinstate two previously approved 

Information Collection Requests (ICR) 

and four new ICR to the Office of 

Management and Budget (OMB). Before 

submitting the ICR to OMB for review 

and approval, EPA is soliciting 

comments on specific aspects of the 

proposed information collection as 

described below. 

DATES: Comments must be submitted on 

or before November 10, 2008. 

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier service. 

Follow the detailed instructions as 

provided under SUPPLEMENTARY

INFORMATION, section A. 

FOR FURTHER INFORMATION CONTACT: The 

contact individuals for each ICR are 

listed under SUPPLEMENTARY

INFORMATION, section II.C. 

SUPPLEMENTARY INFORMATION: 

I. Docket and Comment Information/ 

Instructions 

A. How Can I Access the Docket and/ 

or Submit Comments? 

1. Docket Access Instructions 

EPA has established a public docket 

for the ICR listed in the SUPPLEMENTARY

INFORMATION, section II.B. The docket is 

available for online viewing at http:// 

www.regulations.gov, or in-person 

viewing at the Enforcement and 

Compliance Docket and Information 

Center (ECDIC), in the EPA Docket 

Center, EPA West Building, Room 3334, 

1301 Constitution Avenue, NW., 

Washington, DC. The EPA/DC Public 

Reading Room is open from 8 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Reading Room is (202) 

566–1744, and the telephone number for 

the ECDIC docket is (202) 566–1752. 

Use www.regulations.gov to obtain a 

copy of the draft collection of 

information, submit or view public 

comments, access the index listing of 

the contents of the docket, and to access 

those documents in the public docket 

that are available electronically. When 

in the system, select ‘‘search,’’ then key 

in the docket ID number identified in 

this document. 

2. Instructions for submitting comments 

Submit your comments by one of the 

following methods: 

(a) Electronic Submission: Access 

www.regulations.gov and follow the online instructions for submitting 

comments. 

(b) E-mail: a-and-r-Docket@epa.gov. 

(c) Fax: (202) 566–9744. 

(d) Mail: Information Collection 

Request, Environmental Protection 

Agency, Mailcode: 2822, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

(e) Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20004. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Direct your comments to the specific 

docket listed in SUPPLEMENTARY

INFORMATION, section II.B, and reference 

the OMB Control Number for the ICR. It 

is EPA’s policy that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 


pwalker on PROD1PC71 with NOTICES