Quiero saber acerca de...

2243

Rules and Regulations
Federal Register Vol. 86, No. 7
Tuesday, January 12, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF ENERGY
10 CFR Part 590
Including Short-Term Export Authority in Long-Term Authorizations for the Export of Natural Gas on a NonAdditive Basis Office of Fossil Energy, Department of Energy.
ACTION: Policy statement.
AGENCY:

The Department of Energys DOE Office of Fossil Energy FE is discontinuing its practice of issuing separate long-term and short-term authorizations for exports of domestically produced natural gas from the same facility or facilities. DOE is instead establishing a practice that certain long-term authorizations to export domestically produced natural gasincluding liquefied natural gas LNG, compressed natural gas, and compressed gas liquidinclude additional authority to export the same approved volume pursuant to transactions with terms of less than two years on a non-additive basis including non-additive commissioning volumes.
By consolidating this authority in a single authorization without any increase in total approved export volumes, this action will streamline DOEs regulatory process and reduce administrative burdens. This policy statement affects only future long-term export authorizations issued by DOE
under the Natural Gas Act NGA. DOE
is concurrently issuing a blanket order amending existing export authorizations consistent with this policy statement.
DATES: This policy statement is effective on January 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Amy Sweeney, U.S. Department of Energy FE34, Office of Regulation, Analysis, and Engagement, Office of Fossil Energy, Forrestal Building, Room 3E042, 1000 Independence Avenue SW, Washington, DC 20585; 202 586
2627; amy.sweeney@hq.doe.gov; Bill
khammond on DSKJM1Z7X2PROD with RULES

SUMMARY:

VerDate Sep<11>2014

16:05 Jan 11, 2021

Jkt 253001

Cody, U.S. Department of Energy GC
70, Associate General Counsel, Forrestal Building, Room 6B222, 1000
Independence Avenue SW, Washington, DC 20585; 202 5866918; email:
bill.cody@hq.doe.gov; Cassandra Bernstein, U.S. Department of Energy GC76, Office of the Assistant General Counsel for Electricity and Fossil Energy, Forrestal Building, Room 6D
033, 1000 Independence Avenue SW, Washington, DC 20585; 202 5869793;
email: cassandra.bernstein@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Acronyms and Abbreviations.
Frequently used acronyms and abbreviations are set forth below for reference.
DOE U.S. Department of Energy EA Environmental Assessment EIS Environmental Impact Statement FE Office of Fossil Energy FTA Free Trade Agreement LNG Liquefied Natural Gas NEPA National Environmental Policy Act of 1969
NGA Natural Gas Act
Table of Contents I. Statutory Background II. Regulatory Background A. DOE Regulations Involving Contract Terms B. Long-Term Export Authority C. Short-Term Export Authority III. Policy Statement IV. Administrative Benefits V. Approval of the Office of the Secretary
I. Statutory Background DOE is responsible for authorizing exports of domestically produced natural gasincluding LNG, compressed natural gas, and compressed gas liquid 1to foreign countries under section 3 of the NGA.2
Under section 3c of the NGA, exports of natural gas to countries with which the United States has entered into a free trade agreement FTA requiring national treatment for trade in natural 1 In referring to natural gas in this policy statement, DOE refers primarily, but not exclusively, to LNG. Several DOE proceedings have involved other types of natural gas: Compressed natural gas or CNG in FE Docket Nos. 13157
CNG and 2057CNG, and compressed gas liquid or CGL in FE Docket Nos. 1483CGL, 1622
CGL, and 19147CGL. See 15 U.S.C. 717a5
definition of natural gas; 10 CFR 590.102i same.
2 15 U.S.C. 717b. The authority to regulate the imports and exports of natural gas, including LNG, under NGA section 3 has been delegated to the Assistant Secretary for FE in Redelegation Order No. 00002.04G, issued on June 4, 2019.

PO 00000

Frm 00001

Fmt 4700

Sfmt 4700

gas FTA countries are deemed to be consistent with the public interest. 3
Therefore, applications authorizing exports of natural gas to FTA countries must be granted without modification or delay. 4 Section 3a of the NGA
governs exports to any other country with which trade is not prohibited by U.S. law or policy non-FTA countries.5
DOE, as affirmed by the U.S. Court of Appeals for the District of Columbia Circuit, has consistently interpreted NGA section 3a as creating a rebuttable presumption that a proposed export of natural gas is in the public interest.6
Accordingly, DOE will conduct an informal adjudication and grant a nonFTA application unless DOE finds that the proposed exportation will not be consistent with the public interest.7
Before reaching a final decision on a non-FTA application, DOE must also comply with the National Environmental Policy Act of 1969
NEPA.8 DOEs environmental review process under NEPA may result in the preparation or adoption of an environmental impact statement EIS or environmental assessment EA
describing the potential environmental impacts associated with the application.9 In other cases, DOE may 3 Id. at 15 U.S.C. 717bc. 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 Id.
5 Id. at 15 U.S.C. 717ba.
6 See Sierra Club v. U.S. Dept of Energy, 867 F.3d 189, 203 D.C. Cir. 2017 We have construed NGA section 3a as containing a general presumption favoring export authorization.
quoting W. Va. Pub. Serv. Commn v. U.S. Dept of Energy, 681 F.2d 847, 856 D.C. Cir. 1982.
7 See id. there must be an affirmative showing of inconsistency with the public interest to deny the application under NGA section 3a quoting Panhandle Producers & Royalty Owners Assn v.
Econ. Regulatory Admin., 822 F.2d 1105, 1111 D.C.
Cir. 1987. Additionally, qualifying small-scale exports of natural gas to non-FTA countries are deemed to be consistent with the public interest under NGA section 3a. See 10 CFR 590.102p; 10
CFR 590.208a; see also U.S. Dept of Energy, Small-Scale Natural Gas Exports; Final Rule, 83 FR
35106 July 25, 2018.
8 42 U.S.C. 4321 et seq.
9 Typically, the federal agency responsible for permitting the export facilityeither the Federal Energy Regulatory Commission or the U.S.
Department of Transportations Maritime Administrationserves as the lead agency in the
E:FRFM12JAR1.SGM

Continued
12JAR1