
1
LNG
DEEPWATER
PORT
REVIEW
PROCESS
HCD
COORDINATION
WITH
USCG
AND
APPLICANTS
Pre­
Application
°
Many
applicants
choose
to
meet
with
the
relevant
federal,
state,
and
local
agencies
(
either
individually
or
in
interagency
forums)
during
the
pre­
application
phase
to
discuss
preliminary
plans
and
issues
°
Pre­
application
meetings
may
occur
days,
weeks,
or
months
prior
to
formal
application
submission
to
the
U.
S.
Coast
Guard
(
USCG)
°
Applicants
may
conduct
separate
pre­
application
meetings
to
discuss
the
terminal
and
pipeline
portions
of
a
proposed
project,
particularly
if
new
pipelines
are
being
installed
onshore
and
separate
corporate
entities
have
been
established
to
handle
each
portion
of
the
project
°
During
the
pre­
application
period,
NOAA
Fisheries
will
provide
general
recommendations
on
the
selection
of
the
least
damaging
alternatives
for
regasification
systems,
pipeline
alignments,
and
other
project
features
°
Applicants
may
request
that
information
presented
during
pre­
application
meetings
be
treated
as
confidential
Completeness
Review
°
The
Deepwater
Port
Act
(
DPA)
gives
the
USCG
21
days
from
receipt
of
a
deepwater
port
license
application
to
deem
that
application
complete
or
incomplete
°
The
USCG
will
provide
interested
federal
agencies
(
including
NOAA
Fisheries)
with
copies
of
deepwater
port
license
applications
to
assist
in
the
completeness
review
°
Copies
of
the
DPA
license
application
are
provided
by
the
applicant
directly
to
NOAA
Fisheries
headquarters,
regional
offices,
and
the
appropriate
field
office(
s)
°
The
USCG
considers
the
21­
day
completeness
review
clock
to
be
started
once
the
relevant
agencies
(
primarily
NOAA,
EPA,
and
MMS)
have
received
the
application
for
review
°
The
MOU
between
the
USCG
and
DOC
states
that
agencies
will
have
a
minimum
of
5
days
to
assist
in
reviewing
the
application
for
completeness
°
Completeness
comments
(
i.
e.,
comments
regarding
the
adequacy
of
information
included
in
the
application)
developed
by
field
office(
s)
are
provided
to
the
regional
office
for
review
as
quickly
as
practicable
and
prior
to
deadlines
imposed
by
NOAA
for
further
upper
level
review
and
clearance
°
HCD,
PRD,
and
SFD
comments
should
be
coordinated
in
the
region
to
the
extent
possible;
any
conflicting
comments
should
be
addressed
prior
to
transmittal
to
F/
HC
°
Comments
are
forwarded
to
F/
HC
at
least
4
days
prior
to
the
deadline
established
by
the
USCG
for
review,
revision,
and
consolidation
with
other
NOAA
comments
(
e.
g.,
PRD,
SFD,
and
the
NOAA
NOS),
and
will
work
with
GCF
to
secure
OGC
and
F
clearance
°
After
final
clearance,
the
comment
letter
containing
NOAA's
recommendations
regarding
application
completeness
is
signed
by
the
Assistant
Administrator
for
Fisheries
°
Once
received
by
the
originating
office,
courtesy
copies
of
completeness
comments
should
be
sent
to
GCF,
regional
and
appropriate
field
offices,
PRD
headquarter
and
regional
offices,
HMS,
NOS,
EPA
(
regional
contacts),
and
MMS
(
regional
contacts)
2
°
After
reviewing
completeness
comments
submitted
by
the
agencies,
the
USCG
will
either
deem
the
application
complete
or
incomplete
°
If
the
application
is
deemed
incomplete
at
the
recommendation
of
NOAA
Fisheries,
the
processing
time
frames
are
suspended
and
there
may
be
varying
degrees
of
correspondence
between
NOAA
Fisheries,
the
USCG,
and
the
applicant
to
determine
the
necessary
steps
to
correct
deficiencies
in
the
application
°
The
USCG
will
deem
the
application
complete
when
it
determines
those
deficiencies
have
been
corrected
°
No
time
frame
has
been
established
by
the
USCG
for
application
resubmittal
or
resolution
of
deficiencies
°
The
DPA
gives
the
Secretary
of
Transportation
356
days
from
acceptance
of
a
license
application
to
either
issue
or
deny
a
deepwater
port
license
Information
Request
(
to
HCD)
°
For
projects
to
date,
the
USCG
has
submitted
a
letter
requesting
information
on
affected
species
and
habitat
in
the
project
area
°
Unless
otherwise
stipulated
in
the
request,
NOAA
Fisheries
will
respond
within
30
days
of
receipt
of
the
request
°
The
timing
of
this
request
has
varied
among
projects,
and
has
been
submitted
both
before
and
after
official
scoping
comments
have
been
requested
°
The
HCD's
response
should
include
the
categories
and
subcategories
of
EFH
designated
in
the
project
area
with
the
associated
species
and
life
stages
of
marine
fishery
species
°
The
response
also
should
include
the
recommendation
that
the
USCG
contact
other
affected
NOAA
entities
(
e.
g.,
PRD,
NOS,
and
National
Marine
Sanctuaries
(
NMS))
for
information
regarding
threatened
and
endangered
species,
critical
habitat,
marine
mammals,
coastal
zone
consistency,
sanctuary
issues,
etc.
°
The
HCD's
response
to
the
information
request
will
be
provided
directly
to
the
USCG
by
the
appropriate
HCD
office
°
Courtesy
copies
of
the
response
should
be
sent
to
the
HCD
regional
and
field
offices,
the
PRD
regional
office,
HMS,
NMS
(
if
applicable),
EPA
(
regional
contacts),
and
MMS
(
regional
contacts)
3
Scoping
°
The
USCG
typically
initiates
scoping
by
sending
a
letter
formally
requesting
NOAA
Fisheries'
comments
on
issues
of
concern
regarding
a
proposed
deepwater
port
project,
accompanied
by
a
scoping
notice
and/
or
a
Notice
of
Intent
to
prepare
a
NEPA
document
from
the
Federal
Register
°
The
review
and
response
time
will
be
designated
by
the
USCG
in
the
scoping
notice,
and
has
ranged
from
20
to
45
days
°
NOAA
Fisheries
staff
may
attend
public
scoping
meetings
to
obtain
further
information
about
the
proposed
project
°
Scoping
comments
are
developed
from
information
contained
in
the
license
application,
the
Federal
Register
notice,
and
other
information
obtained
from
the
USCG
and/
or
the
applicant
°
If
the
scoping
notice
indicates
the
USCG
intends
to
prepare
an
EA
rather
than
an
EIS,
and
the
project
has
potentially
significant
impacts
(
e.
g.,
a
project
proposing
to
utilize
an
open
loop
regasification
system),
the
scoping
comments
should
include
a
recommendation
that
an
EIS
be
prepared
°
Scoping
comments
developed
in
HCD
field
office(
s)
are
provided
to
the
regional
office
for
review
and
determination
of
signatory
authority
a
minimum
of
2
days
prior
to
comment
deadline
°
HCD,
PRD,
and
SFD
comments
should
be
coordinated
in
the
regional
office
to
the
extent
possible;
any
conflicting
comments
should
be
addressed
prior
to
submission
to
the
USCG
°
Courtesy
copies
of
scoping
comments
should
be
sent
to
the
Office
of
Strategic
Planning,
HCD
regional
and
field
offices,
the
regional
NEPA
coordinator,
the
PRD
regional
office,
HMS,
NMS
(
if
applicable),
EPA
(
regional
contacts),
and
MMS
(
regional
contacts)

Interim
Draft
EIS
°
Copies
of
the
interim
draft
EIS
are
provided
by
the
USCG
to
NOAA
Fisheries
headquarters
and
the
appropriate
regional
and
HCD
field
office(
s)
°
A
response
is
typically
requested
within
5
days,
though
no
formal
time
frame
has
been
established
°
If
warranted,
an
Early
Warning
Report
should
be
prepared
for
review
and
transmission
by
the
ARA
for
Habitat
Conservation
to
F/
HC
°
Per
§
1504.3(
a)(
1)
of
the
regulations
implementing
NEPA,
NOAA
Fisheries
should
advise
the
USCG
as
early
as
possible
that
it
intends
to
refer
the
project
to
the
Council
on
Environmental
Quality
(
CEQ)
unless
a
satisfactory
agreement
is
reached
°
HCD,
PRD,
and
SFD
comments
should
be
coordinated
in
the
region
to
the
extent
possible;
any
conflicting
comments
should
be
addressed
prior
to
submission
to
the
USCG
°
NOAA
Fisheries
submits
comments
on
the
interim
draft
EIS
in
the
matrix
provided
by
the
USCG
in
both
email
and
hard
copy
format
°
Key
issues
of
concern
should
be
highlighted
in
the
memo
transmitting
the
comment
matrix
4
°
If
applicable,
the
transmittal
memo
should
include
a
statement
indicating
NOAA
Fisheries
intends
to
refer
the
project
to
CEQ
unless
a
satisfactory
agreement
is
reached
°
Courtesy
copies
of
interim
draft
EIS
comments
should
be
sent
to
the
regional
HCD
office,
the
regional
NEPA
coordinator,
the
PRD
regional
office,
HMS,
NMS
(
if
applicable),
EPA
(
regional
contacts),
MMS
(
regional
contacts),
and
constituents
Draft
EIS
°
Copies
of
the
DEIS
are
provided
by
the
USCG
to
NOAA
Fisheries
headquarters
and
the
appropriate
regional
and
field
office(
s)
°
The
review
and
response
time
conforms
to
a
standard
NEPA
DEIS
review
period
(
i.
e.,
45
days)
°
Any
EFH
Conservation
Recommendations
provided
by
NOAA
Fisheries
will
be
included
with
comments
on
the
DEIS
°
If
NOAA
Fisheries
intends
to
refer
the
project
to
CEQ
for
higher
review
if
concerns
are
not
satisfactorily
resolved,
a
statement
to
this
effect
should
be
included
with
the
comments
on
the
DEIS
per
§
1504.3(
a)(
2)
of
the
regulations
implementing
NEPA
°
DEIS
comments
developed
by
HCD
are
provided
to
the
ARA
for
Habitat
Conservation
a
minimum
of
5
days
prior
to
comment
deadline
for
review,
revision,
and
transmission
°
HCD,
PRD,
and
SFD
comments
should
be
coordinated
in
the
region
to
the
extent
possible;
any
conflicting
comments
should
be
addressed
prior
to
submission
to
the
USCG
°
Courtesy
copies
of
DEIS
comments
should
be
sent
to
the
Office
of
Strategic
Planning,
HCD
regional
and
field
offices,
the
regional
NEPA
coordinator,
the
PRD
regional
office,
HMS,
NMS
(
if
applicable),
EPA
(
regional
contacts),
MMS
(
regional
contacts),
the
fishery
management
council,
and
constituents
USCG
Response
to
EFH
Conservation
Recommendations1
°
Consistent
with
Section
305(
b)(
4)(
B)
of
the
Magnuson­
Stevens
Act
and
NOAA
Fisheries'
implementing
regulation
at
50
CFR
600.920(
k),
the
USCG
is
required
to
provide
a
written
response
to
NOAA
Fisheries'
EFH
conservation
recommendations
within
30
days
of
receipt
°
If
it
is
not
possible
to
provide
a
substantive
response
within
30
days,
the
USCG
will
provide
an
interim
response
to
NOAA
Fisheries,
to
be
followed
by
the
detailed
response,
which
should
be
provided
at
least
10
days
prior
to
the
issuance
of
the
Record
of
Decision
(
i.
e.,
10­
day
letter)
°
If
the
USCG's
response
is
inconsistent
with
NOAA
Fisheries'
EFH
conservation
recommendations,
the
USCG
must
provide
a
substantive
discussion
justifying
the
reasons
for
not
implementing
those
recommendations
1Neither
regional
nor
national
EFH
findings
have
been
developed
to
facilitate
EFH
consultation
and
coordination
with
the
USCG
5
°
Based
on
coordination
with
upper
management,
NOAA
Fisheries
will
determine
whether
the
justification
is
satisfactory,
unsatisfactory
but
no
further
action
by
the
USCG
is
necessary,
or
whether
EFH
and/
or
CEQ
referral
is
warranted
°
NOAA
Fisheries
will
submit
a
final
reply
to
the
USCG
within
10
days
of
receipt
of
the
USCG's
10­
day
letter
°
Responses
to
the
USCG's
10­
day
letter
developed
in
the
HCD
field
office(
s)
are
provided
to
the
ARA
for
Habitat
Conservation
for
review,
revision,
and
determination
of
signatory
authority
a
minimum
of
3
days
prior
to
comment
deadline
°
If
NOAA
Fisheries'
EFH
conservation
recommendations
and
other
concerns
have
been
satisfactorily
addressed,
NOAA
Fisheries
will
respond
as
such
and
notify
the
USCG
that
EFH
Consultation
has
been
successfully
concluded
°
Courtesy
copies
of
the
response
should
be
sent
to
the
HCD
regional
and
field
offices,
the
regional
NEPA
coordinator,
the
PRD
regional
office,
HMS,
NMS
(
if
applicable),
EPA
(
regional
contacts),
MMS
(
regional
contacts),
the
fishery
management
council,
and
constituents
Interim
Final
EIS
°
Copies
of
the
interim
final
EIS
are
provided
by
the
USCG
to
NOAA
Fisheries
headquarters
and
the
appropriate
regional
and
field
office(
s)
°
A
response
is
typically
requested
within
5
days,
though
no
formal
time
frame
has
been
established
°
HCD,
PRD,
and
SFD
comments
should
be
coordinated
within
the
region
to
the
extent
possible;
any
conflicting
comments
should
be
addressed
prior
to
submission
to
the
USCG
°
NOAA
Fisheries
submits
comments
on
the
interim
final
EIS
in
the
matrix
provided
by
the
USCG
in
both
email
and
hard
copy
format
°
Key
issues
of
concern
should
be
highlighted
in
the
memo
transmitting
the
comment
matrix
°
If
concerns
have
not
been
satisfactorily
addressed
and
the
USCG
has
previously
been
advised
of
NOAA
Fisheries'
intent
to
refer
the
project,
NOAA
Fisheries
should
reiterate
in
the
transmittal
memo
that
it
intends
to
refer
the
project
to
CEQ
and/
or
elevate
under
the
Magnuson­
Stevens
Act
if
there
is
a
lack
of
resolution
in
the
FEIS
°
Courtesy
copies
of
the
interim
FEIS
comments
should
be
sent
to
the
HCD
regional
and
field
offices,
the
regional
NEPA
coordinator,
the
PRD
regional
office,
HMS,
NMS
(
if
applicable),
EPA
(
regional
contacts),
MMS
(
regional
contacts),
the
fishery
management
council,
and
constituents
Final
EIS
°
Copies
of
the
FEIS
are
provided
by
the
USCG
to
NOAA
Fisheries
headquarters
and
the
appropriate
regional
and
field
office(
s)
6
°
HCD,
PRD,
and
SFD
comments
should
be
coordinated
in
the
region
to
the
extent
possible;
any
conflicting
comments
should
be
addressed
prior
to
submission
to
the
USCG
°
If
concerns
have
not
been
satisfactorily
addressed
and
the
USCG
has
previously
been
advised
of
NOAA
Fisheries'
intent
to
refer
the
project
to
CEQ,
NOAA
Fisheries
will
deliver
the
referral
to
CEQ
no
later
than
25
days
after
the
FEIS
has
been
made
available
to
the
EPA,
commenting
agencies,
and
the
public
per
§
1504.3(
b)
of
the
regulations
implementing
NEPA
°
CEQ
Referral
Procedures
are
specified
in
1504.3(
c)­(
h)
of
the
regulations
implementing
NEPA
No
procedures
have
been
finalized
to
date
for
separately
elevating
actions
under
the
Magnuson­
Stevens
Act
