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Proposed Rule2026-21443

Authorizations for Certain Activities at Liquefied Natural Gas Plants

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Published
October 20, 2026

Issuing agencies

Energy DepartmentFederal Energy Regulatory Commission

Abstract

The Federal Energy Regulatory Commission proposes to revise its regulations to establish procedures for authorizing activities at liquefied natural gas plants without case-specific authorization orders under sections 3 or 7 of the Natural Gas Act.

Full Text

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<title>Federal Register, Volume 91 Issue 201 (Tuesday, October 20, 2026)</title>
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[Federal Register Volume 91, Number 201 (Tuesday, October 20, 2026)]
[Proposed Rules]
[Pages 66492-66528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21443]



[[Page 66491]]

Vol. 91

Tuesday,

No. 201

October 20, 2026

Part III





Department of Energy





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Federal Energy Regulatory Commission





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18 CFR Parts 2, 153, and 375





Authorizations for Certain Activities at Liquefied Natural Gas Plants; 
Proposed Rule

Federal Register / Vol. 91 , No. 201 / Tuesday, October 20, 2026 / 
Proposed Rules

[[Page 66492]]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 2, 153, and 375

[Docket No. RM26-2-001]
RIN 1902-AG43


Authorizations for Certain Activities at Liquefied Natural Gas 
Plants

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission proposes to revise 
its regulations to establish procedures for authorizing activities at 
liquefied natural gas plants without case-specific authorization orders 
under sections 3 or 7 of the Natural Gas Act.

DATES: Comments are due December 21, 2026.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways. Electronic filing through <a href="http://www.ferc.gov">http://www.ferc.gov</a>, is 
preferred.
    <bullet> Electronic Filing: Documents must be filed in acceptable 
native applications and print-to-PDF, but not in scanned or picture 
format.
    <bullet> For those unable to file electronically, comments may be 
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via US Postal Service Only: Addressed to: Federal Energy 
Regulatory Commission, Secretary of the Commission, 888 First Street 
NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery: Deliver to: Federal Energy 
Regulatory Commission, Secretary of the Commission, 12225 Wilkins 
Avenue, Rockville, MD 20852.
    The Request for Comments section of this document contains more 
detailed filing procedures.

FOR FURTHER INFORMATION CONTACT: 
Danielle Elefritz (Legal Information), Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, (202) 502-8767
Andrew Kohout (Technical Information), Office of Energy Projects, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, (202) 502-8053.

SUPPLEMENTARY INFORMATION: 

                            Table of Contents
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                                                               Paragraph
                                                                Numbers
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I. Background...............................................          2.
    A. What is an LNG plant?................................          2.
    B. Existing Statutory and Regulatory Framework for the            8.
     Commission's Authorization and Regulation of LNG Plants
    C. The Commission's Existing Regulations for Authorizing         11.
     Routine Pipeline Activities Under Section 7 Provide an
     Analogue for a Program for LNG Plants..................
II. Notice of Inquiry.......................................         20.
III. Discussion.............................................         21.
    A. Applicability to Section 7 LNG Plants................         24.
    B. Eligible Facilities..................................         28.
    C. Blanket Authorization Procedures.....................         70.
    D. Environmental and Engineering Conditions.............        105.
    E. Statutory and Regulatory Compliance Conditions.......        121.
    F. Severability.........................................        143.
IV. Request for Comments....................................        144.
V. Regulatory Requirements..................................        148.
    A. Information Collection Statement.....................        148.
    B. Environmental Analysis...............................        156.
    C. Regulatory Flexibility Act...........................        157.
    D. Regulatory Planning and Review.......................        159.
    E. Document Availability................................        161.
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    1. The Federal Energy Regulatory Commission (Commission) in this 
notice of proposed rulemaking (NOPR) proposes to amend its regulations 
to establish procedures for authorizing activities at liquefied natural 
gas (LNG) plants without the need for operators to file case-specific 
applications or for the Commission to issue case-specific orders under 
sections 3 or 7 of the Natural Gas Act (NGA).\1\ This NOPR includes 
proposed revisions to Parts 2, 153, and 375 of the Commission's 
regulations.
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    \1\ 15 U.S.C. 717b; 717f.
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I. Background

A. What is an LNG plant?

    2. An LNG plant is a collection of facilities where natural gas is 
processed and cooled to about -260 [deg]F until it becomes a liquid and 
is stored for later delivery, or where LNG is produced or delivered and 
stored for later regasification. Liquefying the gas dramatically 
reduces its volume (by about 600 times), making it easier and more 
economical to store and transport in bulk, especially by ocean-going 
marine vessels. Broadly, there are three types of LNG plants subject to 
the Commission's jurisdiction: (1) LNG export terminals; (2) LNG import 
terminals; and (3) LNG facilities that receive natural gas, produce and 
store LNG, and regasify it to deliver in interstate commerce.
    3. For LNG export terminals, the LNG plant typically receives 
natural gas from a pipeline and processes it through a series of 
integrated systems--including feed-gas handling, pretreatment, 
liquefaction, and storage--to produce and store LNG. From there, the 
LNG is transferred to a marine vessel for export.
    4. For LNG import terminals, the LNG plant typically receives LNG 
from a marine vessel and stores that LNG to regasify it in vaporization 
facilities, then sends out the natural gas to a pipeline or end 
user.\2\
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    \2\ The Commission would also have jurisdiction over an LNG 
terminal operating in interstate commerce where the LNG is received 
or sent out via waterborne vessel. Id. 717a(11).

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[[Page 66493]]

    5. LNG plants operating in interstate commerce are typically peak 
shaving plants that receive and liquefy natural gas during low demand 
periods, store it as LNG, and then regasify the LNG and send out the 
gas to an interstate pipeline during peak demand periods.
    6. An LNG plant is composed of two distinct categories of 
facilities: LNG facilities and auxiliary systems. LNG facilities are 
those components of an LNG plant that receive, unload, load, store, 
transport, gasify, liquefy, or process natural gas. LNG facilities 
include, but are not limited to: \3\
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    \3\ These facilities and some of their components are also 
described in FERC Office of Energy Projects, Guidance Manual for 
Environmental Report Preparation for Applications Filed Under the 
Natural Gas Act, Volume II (Feb. 2017), <a href="https://www.ferc.gov/sites/default/files/2020-04/guidance-manual-volume-2.pdf">https://www.ferc.gov/sites/default/files/2020-04/guidance-manual-volume-2.pdf</a>.

    (1) feed gas facilities, which include metering stations to 
receive natural gas; processing vessels to remove water and 
particulate matter; and compression, pressure regulation, and 
heating and cooling equipment;
    (2) pretreatment facilities, which include equipment to remove 
carbon dioxide, sulfur compounds, mercury, water, or other 
impurities from the natural gas to safely and reliably liquefy the 
natural gas;
    (3) natural gas liquid (NGL) facilities to extract or remove 
NGLs from natural gas,\4\ store NGLs, and use them as part of 
refrigerant makeup in liquefaction facilities or fuel gas for fired 
equipment, or to transfer them to truck, rail, or marine loading 
facilities or send them out in pipelines;
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    \4\ NGLs include ethane, propane, butane, isobutane, and 
pentanes.
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    (4) heavy hydrocarbon condensate facilities to extract or remove 
condensates from natural gas, store condensates, and transfer them 
to truck, rail, or marine loading facilities, or send them out 
through pipelines, or re-vaporize condensates to use as fuel gas;
    (5) liquefaction facilities used to safely and reliably liquefy 
the natural gas into LNG and transfer it through piping prior to 
entering the LNG storage facilities; \5\
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    \5\ Liquefaction facilities include refrigerant truck unloading, 
refrigerant storage containers, refrigerant transfer pumps, 
refrigeration compressors, air- or water-cooled heat exchangers to 
cool compressed refrigerants, refrigerant-cooled heat exchangers to 
cool natural gas to LNG, turboexpanders or hydraulic turbines, end 
flash gas vessels, and other components.
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    (6) LNG storage facilities, including piping and valves used to 
fill the LNG tanks or vessels, and piping, valves, and in-tank pumps 
used to withdraw the LNG and transfer it to marine, truck, or rail 
loading or unloading transfer facilities or vaporization facilities;
    (7) marine transfer facilities, including transfer arms, hoses, 
piping and valves, and other components used to unload or load 
marine vessels;
    (8) truck and rail transfer facilities, including transfer arms, 
hoses, piping and valves, and other components used to unload or 
load truck or rail cars;
    (9) vaporization or regasification facilities to convert the LNG 
back into natural gas prior to being sent out in a pipeline or to an 
end user;
    (10) sendout gas conditioning facilities to meet pipeline 
quality specifications for the sendout gas; and
    (11) sendout facilities, including sample stations and metering 
stations to measure the composition, flow, or other characteristics 
of the natural gas being sent out to a pipeline.

    7. Auxiliary systems are those components of an LNG plant that are 
not LNG facilities but are necessary to support safe and reliable 
operation of the plant. Auxiliary systems include, but are not limited 
to:

    (1) vapor handling systems to receive, process, and deliver 
boiloff gas from LNG containers, flash gas from process vessels, and 
any vapor generated or displaced from truck, rail, or marine 
transfer facilities;
    (2) fuel gas systems to deliver natural gas to fired equipment;
    (3) nitrogen and inert gas systems to unload, produce, and store 
nitrogen to create an inert nonflammable atmosphere where flammable 
fluids are handled;
    (4) plant, utility, and instrument air systems to supply 
pneumatic pressure used by valve actuators and other equipment or 
tools;
    (5) utility water systems to store and supply water used by 
power generation, boilers, heat exchangers, and other components;
    (6) power generation and electrical systems, including any 
onsite main gas turbine, heat recovery steam generators, and 
emergency backup diesel engine generators, used to generate and 
supply power;
    (7) emission control systems to reduce, control, capture, or 
transport air emissions;
    (8) cathodic protection systems;
    (9) relief valve and flare/vent systems used to safely and 
reliably discharge effluent from releases;
    (10) security systems;
    (11) spill containment systems used to contain any hazardous 
liquid spills from components and keep spill containment systems 
free of stormwater;
    (12) passive protection systems, including cryogenic spill 
protection, vapor barriers, blast walls, passive fire protection, 
firewalls, radiant heat shields, foam glass blocks, or other systems 
to prevent cascading damage from hazardous fluid releases;
    (13) hazard detection systems;
    (14) hazard control systems used to extinguish or control fires;
    (15) firewater systems;
    (16) structural support systems;
    (17) natural hazard mitigation used to monitor, measure, record, 
or protect LNG plant facilities and components from natural hazards; 
and
    (18) emergency response systems, including any fire brigade 
buildings and apparatus, used to house and respond to hazardous 
fluid releases.

B. Existing Statutory and Regulatory Framework for the Commission's 
Authorization and Regulation of LNG Plants

    8. The Commission regulates the siting, construction, expansion, 
and operation of LNG plants pursuant to sections 3 and 7 of the NGA. 
Section 3(a) provides for Federal jurisdiction over the siting, 
construction, expansion, and operation of facilities used to export or 
import natural gas.\6\ Section 3(e)(1) states that ``[t]he Commission 
shall have the exclusive authority to approve or deny an application 
for the siting, construction, expansion, or operation of an LNG 
terminal.'' \7\ And under section 7(c), the Commission issues 
certificates of public convenience and necessity for the construction 
and operation of natural gas and LNG facilities used for the 
transportation of natural gas in interstate commerce.\8\ Under both 
section 3 and section 7, the Commission has the authority to include 
terms and conditions in any order authorizing an LNG plant.\9\
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    \6\ 15 U.S.C. 717b(a).
    \7\ 15 U.S.C. 717b(e)(1). LNG terminal is defined as: ``all 
natural gas facilities located onshore or in State waters that are 
used to receive, unload, load, store, transport, gasify, liquefy, or 
process natural gas that is imported to the United States . . . , 
exported to a foreign country . . . , or transported in interstate 
commerce by waterborne vessel, but does not include (A) waterborne 
vessels used to deliver natural gas to or from any such facility; or 
(B) any pipeline or storage facility subject to the jurisdiction of 
the Commission under [section 7].'' Id. 717a(11). For purposes of 
this rulemaking an LNG terminal is a type of LNG plant.
    \8\ Id. 717f(c)(1)(A).
    \9\ Id. 717b(a), 717b(e)(3), 717f(e). For a discussion of the 
Commission's authority to condition its approvals of LNG plants 
under section 3 of the NGA, see, e.g., Distrigas Corp. v. FPC, 495 
F.2d 1057, 1063-64 (D.C. Cir. 1974), cert. denied, 419 U.S. 834 
(1974); Dynegy LNG Prod. Terminal, L.P., 97 FERC ] 61,231 (2001).
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    9. The NGA also includes additional requirements that must be met 
prior to authorizing the construction of LNG terminals under section 
3.\10\ Consistent with section 3A(a),\11\ the Commission promulgated 
regulations requiring LNG applicants to use a pre-filing process for an 
application for authorization to construct or modify an LNG 
terminal.\12\ Section 3(f) requires that the Commission obtain the 
concurrence of the Secretary of War before authorizing the siting, 
construction, expansion, or operation of LNG terminals affecting the

[[Page 66494]]

training or activities of an active military installation.\13\ Section 
3A(e) states that ``[i]n any order authorizing an LNG terminal the 
Commission shall require the LNG terminal operator to develop an 
Emergency Response Plan [that] shall be prepared in consultation with 
the United States Coast Guard and State and local agencies and be 
approved by the Commission prior to any final approval to begin 
construction [and] shall include a cost-sharing plan.'' \14\ 
Additionally, section 3A(c) allows states to provide a report on state 
and local safety considerations, which ``the Commission shall review 
and respond specifically to the issues raised . . . .'' \15\
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    \10\ These requirements do not apply to NGA section 7 LNG 
plants, including LNG peak shaving facilities, which store gas in 
interstate commerce.
    \11\ 15 U.S.C. 717b-1(a).
    \12\ 18 CFR 157.21. Pre-filing is not required where the 
Director of the Office of Energy Projects (OEP) determines that 
prospective modifications to an existing LNG terminal do not involve 
significant state and local safety considerations that have not been 
previously addressed. Id. 157.21(a).
    \13\ 15 U.S.C. 717b(f). Pursuant to a Memorandum of 
Understanding (MOU) with the Department of War (DoW), the Commission 
issues a letter to the Department, which then responds indicating 
whether there are no or minimal impacts to military installations 
and operations. Memorandum of Understanding Between the Federal 
Energy Regulatory Commission and the Department of Defense to Ensure 
Consultation and Coordination on the Effect of Liquefied Natural Gas 
Terminals on Active Military Installations (Nov. 21, 2007, updated 
Aug. 29, 2014), <a href="https://www.ferc.gov/media/2007-mou-dod">https://www.ferc.gov/media/2007-mou-dod</a>.
    \14\ Id. 717b-1(e).
    \15\ Id. 717b-1(c).
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    10. LNG operators may make modifications to already-approved, 
operating LNG plants during the life of the plant.\16\ To receive 
authorization for such modifications, the operator may need to file a 
case-specific application, which the Commission must evaluate, followed 
by a public interest determination.\17\
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    \16\ LNG projects occurring during operation may include, but 
are not limited to: safety system installations, existing equipment 
upgrades or replacements, emissions controls, system modifications 
to enable integration with non-jurisdictional activities (helium 
extraction or offsite carbon capture and sequestration), uprates, 
extra power generation, and new LNG trains, storage tanks, or 
loading berths. See, e.g., Freeport LNG Dev., L.P., 175 FERC ] 
61,237 (2021) (authorizing a non-jurisdictional helium extraction 
and purification plant); Distrigas of Mass. LLC, 193 FERC 61,143 
(2025) (authorizing the installation of a boil-off gas compressor); 
Corpus Christi Liquefaction, LLC, 195 FERC ] 61,161 (2026) 
(authorizing an uprate).
    \17\ 18 CFR part 153 (detailing the requirements for 
applications filed pursuant to section 3 of the NGA); 18 CFR part 
157 (detailing the requirements for applications filed pursuant to 
section 7 of the NGA).
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C. The Commission's Existing Regulations for Authorizing Routine 
Pipeline Activities Under Section 7 Provide an Analogue for a Program 
for LNG Plants

    11. Under Part 157, Subpart F of the Commission's regulations,\18\ 
interstate pipelines that hold certificates of public convenience and 
necessity under NGA section 7 may apply for a blanket certificate to 
undertake, without case-specific authorizations, certain activities 
automatically, subject only to annual reporting requirements,\19\ and 
certain other activities after prior notice.\20\ Both sets of 
activities are subject to cost limits.\21\ The section 7 pipeline 
blanket certificate program ``provide[s] streamlined procedures which 
increase flexibility and reduce regulatory burden'' for a generic class 
of routine activities with particular conditions and procedures for 
consistency with the Commission's statutory obligations under the NGA 
and environmental statutes.\22\
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    \18\ 18 CFR part 157, subpart F.
    \19\ Id. 157.203(b), 157.208(a), (e).
    \20\ Id. 157.203(c), 157.208(b).
    \21\ Id. 157.208(d), 157.215(a)(5).
    \22\ Interstate Pipeline Certificates for Routine Transactions, 
Order No. 234, FERC Stats. & Regs. ] 30,368, at 30,201 (1982) 
(cross-referenced at 19 FERC ] 61,216); see also Revisions to the 
Blanket Certificate Regulations & Clarification Regarding Rates, 
Order No. 686, 117 FERC ] 61,074, at P 7 (2006) (``The blanket 
certificate program was designed to provide an administratively 
efficient means to authorize a generic class of routine activities, 
without subjecting each minor project to a full, case-specific NGA 
section 7 certificate proceeding.'').
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    12. In 1982, the Commission instituted this program, explaining 
that:

    [T]he final regulations divide the various actions that the 
Commission certificates into several categories. The first category 
applies to certain activities performed by interstate pipelines that 
either have relatively little impact on ratepayers, or little effect 
on pipeline operations. This first category also includes minor 
investments in facilities which are so well understood as an 
established industry practice that little scrutiny is required to 
determine their compatibility with the public convenience and 
necessity. The second category of activities provides for a notice 
and protest procedure and comprises certain activities in which 
various interested parties might have a concern. In such cases there 
is a need to provide an opportunity for a greater degree of review 
and to provide for possible adjudication of controversial aspects. 
Activities not authorized under the blanket certificate are those 
activities which may have a major potential impact on ratepayers, or 
which propose such important considerations that close scrutiny and 
case-specific deliberation by the Commission is warranted prior to 
the issuance of a certificate.\23\
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    \23\ Order No. 234, FERC Stats. & Regs. ] 30,368 at 30,200.

    13. The notice and protest procedures for prior notice projects 
allow anyone, including Commission staff, to protest a prior notice 
project within 60 days and, if a protest is not withdrawn or dismissed, 
the project is reviewed as an application for case-specific 
authorization under NGA section 7.\24\
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    \24\ 18 CFR 157.205(h).
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    14. Section 7 pipeline blanket certificate activities are subject 
to the conditions in the Commission's regulations implementing the 
National Environmental Policy Act (NEPA),\25\ as well as requirements 
that all activities be consistent with applicable laws, including the 
Endangered Species Act (ESA), National Historic Preservation Act 
(NHPA), Clean Water Act (CWA), Clean Air Act, and other statutes 
relating to environmental concerns.\26\
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    \25\ Id. part 380. Certain activities undertaken pursuant to the 
blanket certificate are categorically excluded from NEPA review. Id. 
380.4(a)(21).
    \26\ Id. 157.206.
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    15. In addition to the section 7 pipeline blanket certificate 
program, Sec.  2.55 of the Commission's regulations allows interstate 
pipeline companies to perform auxiliary installations and facility 
replacements without a case-specific authorization.\27\ For activities 
undertaken pursuant to either the blanket certificate program or Sec.  
2.55, section 7(c) certificate holders are required to provide advance 
notice to affected landowners.\28\
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    \27\ Id. 2.55. LNG facilities authorized under section 7 of the 
NGA may use the procedures outlined in Sec.  2.55.
    \28\ Id. 157.203(d)(1) (requiring affected landowners to be 
notified of automatic authorization projects at least 45 days prior 
to commencing construction or at the time it initiates easement 
negotiations, whichever is earlier); id. 157.203(d)(2) (requiring 
affected landowners to be notified of prior notice projects within 
three days following the date that a docket number is assigned to 
the application or at the time the certificate holder initiates 
easement negotiations, whichever is earlier); id. 2.55(c) (requiring 
a good faith effort to notify in writing each affected landowner at 
least five days prior to commencing any activity except for 
activities for which all ground disturbance will be within an 
existing above-ground site or those done for safety, US Department 
of Transportation (DOT) compliance, or environmental or unplanned 
maintenance reasons that are not foreseen and that require immediate 
attention).
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    16. In two earlier section 7 pipeline blanket certificate 
rulemakings, the Commission declined to extend the program to include 
LNG plants. In the 1982 rulemaking, the Commission excluded LNG plants 
from the program, finding that they ``may have a significant impact on 
ratepayers'' and therefore ``should not be authorized under a blanket 
certificate, but should be subjected instead to the scrutiny of a case-
specific determination.'' \29\ In 2006, the Commission again declined 
to extend the program to include LNG plants,\30\ explaining that ``LNG 
plant facilities are not within the class of minor, well-understood, 
routine activities that the blanket certificate program is intended to 
embrace; LNG plant facilities necessarily require a

[[Page 66495]]

review of engineering, environmental, safety, and security issues that 
the Commission believes only can be properly considered on a case-by-
case basis.'' \31\
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    \29\ Order No. 234, FERC Stats. & Regs. ] 30,368 at 30,206.
    \30\ Order No. 686, 117 FERC ] 61,074 at PP 18-23.
    \31\ Id. P 21 (quoting Revisions to the Blanket Certificate 
Reguls. & Clarification Regarding Rates, NOPR, 115 FERC ] 61,338, at 
PP 29-30 (2006)); see also Revisions to the Blanket Certificate 
Regulations & Clarification Regarding Rates, Order No. 686-A, 72 FR 
37431 (July 10, 2007), 119 FERC ] 61,303, at P 22 (2007) (``[T]he 
blanket certificate program is not well suited to address the 
complexity inherent in issues raised by LNG . . . facilities'').
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    17. The Commission's experience with LNG plants has changed 
considerably since the 1982 and 2006 rulemakings. Specifically, both 
the Commission and the LNG industry have gained significant experience 
regarding the engineering, environmental, safety, and security issues 
at LNG plants. The Commission has evaluated more than 100 applications 
related to LNG plants since 2006. Staff has also engaged in extensive 
coordination with the DOT's Pipeline and Hazardous Materials Safety 
Administration (PHMSA) and the US Coast Guard (USCG), which are 
involved in the safety and security of these facilities, as well as the 
LNG industry, to proactively develop safety and security standards and 
best practices.\32\
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    \32\ In individual proceedings, the Commission has issued over 
4,500 requirements, including approximately 4,000 requirements that 
have been coordinated with PHMSA and the USCG regarding the 
engineering, safety, security, and reliability of those projects in 
accordance with a 2004 Interagency Agreement. Interagency Agreement 
Among the Federal Energy Regulatory Commission, United States Coast 
Guard, and Research and Special Programs Administration for the 
Safety and Security Review of Waterfront Import/Export Liquefied 
Natural Gas Facilities (Feb. 11, 2004), <a href="https://www.ferc.gov/media/2004-interagency-dot-and-uscg">https://www.ferc.gov/media/2004-interagency-dot-and-uscg</a>. Approximately 30 of these orders were 
issued after a 2018 MOU with DOT for coordination between the 
Commission and PHMSA on determining whether proposed LNG facilities 
comply with PHMSA's siting requirements contained in 49 CFR part 
193, subpart B. Id.; see also Memorandum of Understanding Between 
the Department of Transportation and the Federal Energy Regulatory 
Commission Regarding Liquefied Natural Gas Transportation Facilities 
(Aug. 31, 2018), <a href="https://cms.ferc.gov/media/mou-phmsa-regarding-lng-transportation-facilities-0">https://cms.ferc.gov/media/mou-phmsa-regarding-lng-transportation-facilities-0</a>. Commission staff, along with DOT PHMSA 
and USCG representatives, have also actively participated in an LNG 
Technical Committee, and Commission staff has made over 300 
proposals since 2016 to update subsequent versions of the National 
Fire Protection Association (NFPA) 59A, Standard for the Production, 
Storage, and Handling of LNG, to improve the safety, security, and 
reliability of LNG projects consistent with the requirements that 
the Commission imposes on LNG facilities in its authorization 
orders.
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    18. Changes in the LNG market since 2006 have led to an expansion 
in the number of projects that the Commission regulates. The United 
States emerged as the world's largest LNG exporter in 2023 \33\ with 
seven large-scale LNG export terminals currently in operation, eight 
new or expanded LNG export projects in construction, and additional LNG 
terminals and expansions expected over the next several years. Although 
certain changes and variances are permitted during the construction of 
an LNG plant, changes to an operating LNG plant--in some cases even 
routine adjustments like equipment replacements--may currently require 
case-specific authorization. The current case-by-case review process 
for certain replacements, modifications, and expansions is 
administratively inefficient and slows down the authorization of needed 
projects.
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    \33\ US Energy Info. Admin., The United States Was the World's 
Largest Liquefied Natural Gas Exporter in 2023 (Apr. 1, 2024), 
<a href="https://www.eia.gov/todayinenergy/detail.php?id=67864">https://www.eia.gov/todayinenergy/detail.php?id=67864</a>; see also US 
Energy Info. Admin., Global Liquefied Natural Gas Trade Volumes 
Reached Record High in 2025 (July 14, 2026), <a href="https://www.eia.gov/todayinenergy/detail.php?id=67864">https://www.eia.gov/todayinenergy/detail.php?id=67864</a>; US Dep't of Energy, Office of 
Fossil Energy & Carbon Mgmt., Liquefied Natural Gas (LNG) Exports 
(Dec. 31, 2025), <a href="https://www.energy.gov/sites/default/files/2025-12/LNG%20Snapshot%20Dec%2031%202025_0.pdf">https://www.energy.gov/sites/default/files/2025-12/LNG%20Snapshot%20Dec%2031%202025_0.pdf</a>.
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    19. Based on these considerations, the Commission believes that the 
establishment of an LNG blanket program allowing the automatic or prior 
notice authorization for certain activities is warranted.

II. Notice of Inquiry

    20. On November 20, 2025, the Commission issued a notice of inquiry 
(NOI) in this proceeding, requesting information and comments on 
whether and if so how to revise its regulations to allow for the 
authorization of activities at LNG plants without case-specific 
authorization under section 3 or 7 of the NGA.\34\ The NOI was 
published in the Federal Register on November 25, 2025,\35\ and 
established a 60-day comment period expiring on January 27, 2026.\36\ 
In response to the NOI, the Commission received 18 comments--eight from 
LNG and natural gas companies and related trade associations,\37\ one 
from an energy technology company, two from engineering consulting 
firms, six from public interest organizations, and one on behalf of 
nine states' attorneys general.\38\ The comments addressed a variety of 
issues, including: support for a blanket program as it would allow 
certain activities at LNG plants to proceed in an expedited fashion; 
recommendations on how the Commission should implement a program with a 
tiered authorization system that would allow automatic approval for 
minor, in-footprint modifications and a prior notice process for 
moderate changes; recommendations that the LNG blanket program not 
include costs limits; questions pertaining to how the public and state 
agencies would receive notice; concerns about environmental effects and 
safety impacts; and questions as to whether the LNG industry is 
suitable for a blanket authorization program. The comments are 
addressed below.
---------------------------------------------------------------------------

    \34\ Authorizations for Certain Activities at Liquefied Nat. Gas 
Plants, 193 FERC ] 61,141 (2025) (NOI).
    \35\ 90 FR 53251 (Nov. 25, 2025).
    \36\ 18 CFR 385.2007(a)(2) (the last day of time period does not 
end until the close of the Commission business of the next day which 
is not a day on which the Commission closes due to adverse 
conditions).
    \37\ Cheniere Energy, Inc. (Cheniere), Interstate Natural Gas 
Association of America (INGAA), Natural Gas Supply Association 
(NGSA), and Rio Grande LNG, LLC, filed comments in support of Center 
for LNG's (CLNG) proposal for a section 3 blanket authorization. 
Where entities filed comments in support of a particular proposal 
offered by CLNG, that is noted below, but similar arguments are not 
repeated.
    \38\ The Commission also received motions to intervene from 
Atmos Energy Corp., Symmetry Energy Solutions, and the Maryland 
Office of the Attorney General.
---------------------------------------------------------------------------

III. Discussion

    21. After reviewing the comments received in response to the NOI, 
the Commission proposes to establish an LNG blanket program to 
authorize certain activities at LNG plants without case-specific 
authorization orders under sections 3 and 7 of the NGA.
    22. Specifically, the Commission proposes adopting a tiered blanket 
authorization program like the section 7 pipeline blanket certificate 
program, including activities that are eligible for automatic 
authorization or prior notice authorization. In general, activities 
that would not: (a) increase the authorized capacity of the LNG plant; 
\39\ (b) expand the authorized vertical or horizontal extents within 
the footprint \40\ of the LNG plant; or (c) result in flows, levels, 
volumes, pressures, temperatures, compositions, or loads outside any of 
the design limits of the new, replaced, or modified LNG facilities, 
auxiliary systems, and components and within the authorized design 
limits of the remaining LNG facilities, auxiliary systems, and 
components \41\ would be

[[Page 66496]]

eligible for automatic authorization.\42\ Activities that would 
increase the authorized capacity of the LNG plant, be located within 
the footprint of the LNG plant, not result in any change in flows, 
levels, volumes, pressures, temperatures, compositions, or loads 
outside the design limits of the new, replaced and modified LNG 
facilities, auxiliary systems, and components, and not result in any 
aforementioned changes outside the authorized design limits of the 
remaining LNG facilities, auxiliary systems, and components, would be 
subject to a 60-day prior notice period. Construction of new LNG 
facilities, such as liquefaction trains, LNG tanks, and marine berths, 
and auxiliary systems outside of the footprint of the plant would be 
subject to a 90-day prior notice period.
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    \39\ Capacity would be defined at Sec.  153.102(a)(8) as the (i) 
import or export capacity of the LNG terminal or (ii) storage and 
delivery capacity of the interstate LNG plant.
    \40\ Footprint would be defined at Sec.  153.102(a)(9) to mean 
the area located (i) within an LNG plant's security systems; and 
(ii) within the areas protected from natural hazards.
    \41\ Design limits would be defined at Sec.  153.102(a)(10) as 
the (i) minimum and maximum design flows; (ii) minimum and maximum 
liquid design levels and volumes; (iii) minimum (vacuum) and maximum 
design pressures; (iv) minimum design metal temperature and maximum 
design temperature; (v) minimum and maximum compositions; and (vi) 
maximum structural design loads and criteria.
    \42\ The authorized capacity and design limits include those 
approved by staff under delegated authorities.
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    23. The Commission also proposes standard environmental and 
engineering design conditions to address the impacts of blanket 
projects as well as requirements to ensure compliance with applicable 
law. To the extent practicable, the proposed LNG blanket program is 
modeled after the pipeline blanket program. But unlike the pipeline 
blanket program, LNG blanket projects would not be subject to cost 
limits because in the Commission's experience the cost of LNG 
activities does not serve as an appropriate proxy to determine whether 
those activities should be eligible for the blanket authorization 
program. Moreover, LNG terminals authorized under section 3 of the NGA 
do not implicate the same ratepayer concerns because the Commission 
does not regulate rates under NGA section 3.\43\ Rather, the Department 
of Energy (DOE) evaluates the economic impact of a proposal to export 
natural gas as part of its decision whether to authorize the export of 
natural gas, as a commodity,\44\ to non-Free Trade Agreement 
countries.\45\
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    \43\ With respect to section 7 LNG plants, as described below in 
section III.B.5, the Commission proposes to impose the same rate 
requirements as under the blanket certificate program.
    \44\ The Commission does not authorize importation or 
exportation of the commodity itself. Rather, an application for 
authorization to import or export natural gas must be submitted to 
the DOE. 15 U.S.C. 717b(a).
    \45\ Under section 3(c) of the NGA, the exportation of natural 
gas to a Free Trade Agreement country is deemed to be consistent 
with the public interest. 15 U.S.C. 717b(c).
---------------------------------------------------------------------------

A. Applicability to Section 7 LNG Plants

    24. As detailed above in section I.B, section 3 and section 7 LNG 
plants share some characteristics; however, their statutory and 
regulatory structure is different, as are the facilities that are 
constructed and operated under sections 3 and 7, respectively.
    25. In the NOI, the Commission sought comment on whether 
modifications to section 7 LNG plants should be included under the 
blanket program.\46\ The NOI also requested comment on whether cost-
based limits would be appropriate for such projects.\47\
---------------------------------------------------------------------------

    \46\ NOI, 193 FERC ] 61,141 at P 13, Question B6.
    \47\ Id. P 13, Question B7.
---------------------------------------------------------------------------

    26. Commenters support the expansion of the Part 157 blanket 
program to include LNG facilities in interstate commerce.\48\ Eastern 
Shore Natural Gas Company (Eastern Shore) \49\ states that small LNG 
storage facilities would benefit from blanket authority to conduct 
routine modifications and improvements.\50\
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    \48\ See BLUE January 23, 2026 Comments at 3, 7-8.
    \49\ Eastern Shore is the certificate holder for the Worcester 
Resiliency Upgrade, which is under construction and includes an LNG 
storage facility in Bishopville, Maryland.
    \50\ Eastern Shore January 26, 2026 Comments at 2-3.
---------------------------------------------------------------------------

    27. We propose that section 7 LNG plants be eligible for the 
blanket authorization program, and that the eligible activities be the 
same as under the section 3 blanket program, albeit with some 
additional requirements detailed below.

B. Eligible Facilities

    28. The NOI sought comment on whether to adopt a tiered approach to 
the proposed LNG blanket authorization program under which certain 
activities are automatically authorized and other activities are 
authorized after prior notice, and if so how the Commission should 
define the activities and establish tiers for them.\51\
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    \51\ NOI, 193 FERC ] 61,141 at P 13, Questions A3, B1-B4.
---------------------------------------------------------------------------

    29. Generally, in response to the NOI, commenters propose a 
structure similar to the Commission's section 7 pipeline blanket 
program, where certain categories of actions would be eligible for 
automatic authorization and a larger, more complex group of actions 
would be eligible for prior notice authorization. CLNG,\52\ American 
Petroleum Institute,\53\ and INGAA \54\ (collectively, CLNG) propose 
that the Commission adopt a three-tiered approach which includes: 
automatic authorizations; standard prior notice authorization for 
facility modifications that would not result in changes to hazards or 
public safety; and an expanded prior notice for larger activities like 
new liquefaction trains, storage tanks, or marine berths.\55\ CLNG 
requests that the Commission continue to allow some modifications at 
operational LNG terminals through disclosure in semi-annual operational 
reports and management of change (MOC) logs (together, Change Reporting 
Process).\56\ Each order authorizing an LNG plant contains requirements 
for the authorization or certificate holder to file a semi-annual 
operational report listing modifications undertaken at the LNG plant 
and any significant modifications proposed for the next 12 months.\57\ 
These reports provide early notice to staff of anticipated future 
construction and maintenance and allow staff to advise LNG companies on 
whether such modifications require a separate amendment application. 
Authorizations also include a condition that allows Commission staff to 
inspect LNG facilities and issue data requests to LNG companies 
throughout the life of the facilities. Under those delegated powers, 
Commission staff request MOC logs to verify that modifications 
undertaken at LNG terminals and plants are consistent with the semi-
annual operational reports and that there are no safety or reliability 
impacts from those changes. CLNG notes, however, that the existing 
Change Reporting Process lacks clarity, creating ``regulatory 
inconsistencies, inefficiency, and . . . potential non-compliance 
risk.'' \58\
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    \52\ The Center for Liquefied Natural Gas is a trade association 
that promotes public policies advancing the use of natural gas in 
the United States and its export internationally.
    \53\ The American Petroleum Institute is a nationwide, non-
profit trade association that represents all facets of the natural 
gas and oil industry.
    \54\ INGAA is a trade association that advocates regulatory and 
legislative positions of importance to the interstate natural gas 
pipeline industry in the United States.
    \55\ CLNG January 26, 2026 Comments at 10-11.
    \56\ Id. at 4 n.7, 10-11.
    \57\ See, e.g., Corpus Christi Liquefaction, LLC, 190 FERC ] 
61,149, at app. A, env't condition 100 (2025).
    \58\ Id. at 8.
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    30. Earthjustice \59\ and the Attorneys General for the States of 
Maryland, Oregon, Connecticut, Delaware, Massachusetts, Michigan, New 
York, Rhode Island, and Vermont (collectively, States) oppose allowing 
expansions of new or existing LNG terminals or facilities under a 
blanket

[[Page 66497]]

program.\60\ The States assert that this would infringe upon the state 
and local interests protected by the NGA.\61\
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    \59\ Earthjustice is a nonprofit public interest environmental 
law organization.
    \60\ States Comments at 11; Earthjustice January 26, 2026 
Comments at 3.
    \61\ States Comments at 11-12.
---------------------------------------------------------------------------

    31. Our proposal here, consistent with the structure and rationale 
of the longstanding section 7 pipeline blanket program, would 
streamline the review of LNG authorization requests to increase 
flexibility and reduce regulatory burden through the establishment of 
an LNG blanket program.\62\ In other words, the blanket program, 
coupled with the existing authorization process, would provide blanket 
authorization holders with procedural mechanisms for authorization of 
facilities that are commensurate with the degree of associated effects 
(i.e., a range from automatic authorization through prior notice to a 
full authorization application) while continuing to fully consider 
state and local interests.
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    \62\ Order No. 234, FERC Stats. & Regs. ] 30,368 at 30,200-01.
---------------------------------------------------------------------------

    32. Below we detail the proposed LNG blanket program, which would 
establish a tiered approach for blanket-eligible activities. This would 
include a category of actions eligible for automatic authorization and 
a category of actions that would be eligible following prior notice 
procedures. Under the prior notice procedures, the Commission would 
issue notice of the proposed activity and interested stakeholders, as 
well as Commission staff, would have an opportunity to protest. If a 
protest is filed and not withdrawn or dismissed, the project would be 
reviewed as an application for case-specific authorization under the 
NGA; otherwise, the project could proceed at the end of the notice 
period.
1. Automatic Authorization
    33. The NOI sought comment on what types of activities the 
Commission should find eligible for automatic authorization 
procedures.\63\
---------------------------------------------------------------------------

    \63\ NOI, 193 FERC ] 61,141 at P 13, Question B1.
---------------------------------------------------------------------------

    34. CLNG commented that the automatic authorization tier should 
cover modifications, additions, or improvements to LNG plants that 
extend beyond the routine activities covered by the Change Reporting 
Process (which CLNG advocates that the Commission maintain after the 
LNG blanket program is authorized), but that do not involve any changes 
to overall design, new offsite thermal radiation or flammable vapor 
impacts, increases in permitted noise levels, new types of pollutants 
or hazards, or new landowner or public use impacts.\64\ Under CLNG's 
proposal, automatic authorization could allow for increases in capacity 
through uprates if the uprate is based upon efficiencies realized after 
the original authorization.
---------------------------------------------------------------------------

    \64\ CLNG January 26, 2026 Comments at 11-13.
---------------------------------------------------------------------------

    35. Specifically, CLNG's proposed automatic authorization tier 
would require: (i) the proposed activity be within the existing LNG 
plant footprint or located on adjacent or nearby land that is currently 
owned or controlled by the blanket authorization holder; (ii) no 
effects to sensitive environmental resources outside the original scope 
of the NEPA review of the plant; (iii) all construction or 
modifications comply with the conditions and environmental mitigation 
methods from the original section 3 authorization order; (iv) no 
increase to the authorized annual total LNG production or storage 
capacity that exceeds the design limits of existing systems and 
equipment; and (v) continued compliance with USCG, PHMSA, and other 
permitting agency regulations.\65\
---------------------------------------------------------------------------

    \65\ Id. at 14.
---------------------------------------------------------------------------

    36. CLNG provides the following examples of automatic authorization 
activities: (i) equipment uprates or rearrangements that improve 
efficiency, safety, capacity, emissions, or reliability; (ii) 
installation of additional safety systems or emission control devices; 
(iii) installation of auxiliary systems; (iv) replacements and upgrades 
of infrastructure that are not an in-kind replacement but result in no 
greater hazard footprint or environmental impacts; (v) installation of 
addition of instrumentation, monitoring systems, or controls; (vi) 
installation of new or improved components that do not introduce new 
unmitigated hazards; (vii) uprating of capacities through activities 
such as debottlenecking, optimizing existing trains, or implementing 
improvements during construction; (viii) installation of redundant 
components that introduce no new unmitigated hazards; (ix) installation 
of components required to operate within the authorized facility design 
limits; (x) installation of new or additional truck loading facilities 
for non-hazardous material transport; and (xi) activities required for 
maintaining compliance with regulations, regardless of the complexity 
of the project.\66\
---------------------------------------------------------------------------

    \66\ Id. at 12-13.
---------------------------------------------------------------------------

    37. CLNG and Cheniere \67\ maintain that many optimizations and in-
kind modifications that are performed within the existing footprint--
such as replacing older equipment with newer, safer models, installing 
advanced leak detection systems, upgrading fire and gas detection 
systems, debottlenecking activities, or installing pollution control 
devices or emissions monitoring devices--would result in no adverse 
environmental impacts and would yield reliability and safety 
benefits.\68\
---------------------------------------------------------------------------

    \67\ Cheniere, through its subsidiaries, is the owner of the 
Sabine Pass LNG Terminal and Corpus Christi LNG Terminal located 
near the Sabine Pass Channel, Cameron Parish, Louisiana, and on the 
northern shore of Corpus Christi Bay in San Patricio and Nueces 
Counties, Texas, respectively.
    \68\ CLNG January 26, 2026 Comments at 28, 32; Cheniere January 
26, 2026 Comments at 5-6.
---------------------------------------------------------------------------

    38. The Center for Regulatory Freedom \69\ proposes that the 
automatic authorization tier include low-impact and routine activities 
such as equipment replacements, maintenance actions, safety system 
upgrades, and efficiency improvements.\70\
---------------------------------------------------------------------------

    \69\ The Center for Regulatory Freedom is a project of the 
Conservative Political Action Coalition Foundation, a non-profit, 
non-partisan 501(c)(3) research and education foundation.
    \70\ Center for Regulatory Freedom Comments at 9.
---------------------------------------------------------------------------

    39. Blue Engineering and Consulting Company (BLUE) \71\ recommends 
that the automatic authorization tier include modifications focused on 
operations, maintenance, safety, reliability, and efficiency 
improvements that would result in no impacts to the public or the 
environment.\72\ It provides the following examples of modifications: 
(i) debottlenecking activities to improve efficiency and increase 
throughput; (ii) installation of redundant equipment to increase 
reliability and minimize downtime; (iii) installation of nitrogen 
rejection units, helium removal, component injection into feed gas 
streams, or other removal/injection to handle changes in feed gas 
composition; (iv) installation or modification of pretreatment 
technologies to account for feed gas changes; and (v) modification of 
technologies to meet permit requirements, account for changes in feed 
gas composition, or account for operational changes.
---------------------------------------------------------------------------

    \71\ BLUE is an engineering and consulting firm which provides 
regulatory services to various LNG facilities during the permitting, 
construction, commissioning, and in-service phases.
    \72\ BLUE January 23, 2026 Comments at 4.
---------------------------------------------------------------------------

    40. Woodside Energy (USA) Inc. (Woodside) \73\ supports automatic 
authorizations for activities that do not materially expand or alter 
the facility's previously authorized environmental footprint or LNG 
capacity.\74\

[[Page 66498]]

EcoEl[eacute]ctrica, L.P. (EcoEl[eacute]ctrica),\75\ supports allowing 
automatic authorization for modifications related to operations, 
maintenance, safety, reliability, and efficiency improvements that 
result in no impacts to the public or the environment.\76\
---------------------------------------------------------------------------

    \73\ Woodside is the owner of Woodside Louisiana LNG, formerly 
the Driftwood LNG project, which is under construction near the city 
of Carlyss in Calcasieu Parish, Louisiana.
    \74\ As examples of projects that it proposes should fall under 
an automatic authorization, Woodside suggests rearrangements or 
replacements of piping, equipment replacements, and improvements to 
support infrastructure such as electric and water distribution. 
Woodside January 26, 2026 Comments at 2.
    \75\ EcoEl[eacute]ctrica is the owner and operator of 
EcoEl[eacute]ctrica LNG at Guayanilla Bay, Pe[ntilde]uelas, about 
nine miles west of Ponce, Puerto Rico.
    \76\ EcoEl[eacute]ctrica Comments at 1.
---------------------------------------------------------------------------

    41. As the Commission explained in its section 7 pipeline blanket 
certificate proceeding, activities eligible for automatic authorization 
are ``so well understood as an established industry practice that 
little scrutiny is required to determine their compatibility with the 
public convenience and necessity.'' \77\ Here, we agree with commenters 
that certain activities at LNG plants are so well understood they would 
similarly require little scrutiny to determine that they are not 
inconsistent with the public interest, as required by section 3, or are 
in the public convenience and necessity, as required by section 7.
---------------------------------------------------------------------------

    \77\ Order No. 234, FERC Stats. & Regs. ] 30,368 at 30,200.
---------------------------------------------------------------------------

    42. The automatic authorization category would establish a 
regulatory path for efficient implementation of modifications at 
existing LNG plants without unnecessary regulatory burdens, while 
maintaining compliance with both the NGA and NEPA. The proposed 
automatic authorization category is limited to facilities that (1) do 
not result in expansions or increases of the authorized capacity of the 
LNG plant, (2) are within the existing horizontal and vertical extents 
of the footprint and design limits,\78\ (3) do not result in adverse 
safety or reliability impacts at the plant, and (4) would have only 
minor or no environmental effects.
---------------------------------------------------------------------------

    \78\ Changes shall not result in flows, levels, volumes, 
pressures, temperatures, compositions, or loads outside any of the 
design limits of the new, replaced, or modified LNG facilities, 
auxiliary systems, and components and the authorized design limits 
for the remaining LNG facilities, auxiliary systems, and components.
---------------------------------------------------------------------------

    43. We propose at Sec.  153.108 and Sec.  153.109 to include the 
following activities under the automatic authorization category:
Abandonment
    Abandonment of any components, systems, or facilities that do 
not impact existing customers under contract and do not adversely 
affect the continued safety, reliability, or environmental 
protection of operational facilities.
Components Within LNG Facilities
    For the components listed below,\79\ replacements (in-kind or 
upgraded \80\) including the abandonment of existing equipment, 
modifications,\81\ or new components at authorized LNG facilities 
that do not increase the authorized capacity of the LNG terminal or 
plant and within the authorized vertical and horizontal extents of 
the footprint and design limits of the LNG plant facilities and 
auxiliary systems:
---------------------------------------------------------------------------

    \79\ We propose to define individual components in Sec.  
153.102.
    \80\ Upgraded would be defined in Sec.  153.102(a)(13) as 
providing equal or greater level of safety, security, reliability, 
operability, efficiency, and environmental protection.
    \81\ Modify would be defined in Sec.  153.102(a)(14) as changes 
to the siting, design, construction, or operational conditions of 
components within authorized LNG facilities and auxiliary systems, 
including but not limited to changes in process controls, software, 
setpoints, size/diameter, wall thickness, materials of construction, 
routing, location, or other process, mechanical, electrical, hazard 
mitigation, or structural related specifications, designs, or 
operations.
---------------------------------------------------------------------------

    (a) piping and valves;
    (b) process vessels;
    (c) storage containers;
    (d) rotating equipment;
    (e) fired equipment;
    (f) instrumentation and control system components;
    (g) safety instrumented system components;
    (h) buildings and structures; and
    (i) electrical components.
Auxiliary Systems
    Replacements (in-kind or upgraded) including the abandonment of 
existing equipment, modifications, or additions of the following 
components or systems to maintain or improve the safety and 
reliability of operations of LNG facilities and that do not increase 
the authorized capacity of the LNG terminal or plant and within the 
authorized vertical and horizontal extents of the footprint and 
design limits of the LNG facilities and auxiliary systems:
    (a) vapor handling systems;
    (b) fuel gas systems;
    (c) nitrogen and inert gas systems;
    (d) instrument, plant/utility air systems;
    (e) utility water and other utility systems;
    (f) power generation and electrical systems;
    (g) emission control systems;
    (h) cathodic protection systems;
    (i) security systems;
    (j) relief valve and flare/vent systems;
    (k) spill containment systems;
    (l) passive protection systems;
    (m) hazard detection systems;
    (n) hazard control systems;
    (o) firewater systems;
    (p) structural systems;
    (q) natural hazard mitigation systems; and
    (r) emergency response systems.
Related Pipeline Facilities
    Construction of pipeline facilities under section 3 of the NGA 
to the same extent as is allowed under the section 7 pipeline 
blanket certificate program.

    44. Activities that would not be eligible for automatic 
authorization include increases in capacities of the LNG terminal or 
plant and projects that would extend beyond the existing LNG plant 
footprint because these activities have the potential for safety and 
environmental impacts and thus are better suited for the prior notice 
category of actions.
    45. Further, we do not propose to allow increases of the authorized 
capacity through uprates under automatic authorization, even where 
efficiencies are realized during construction, because such increases 
may implicate hazards, safety concerns, and environmental effects 
associated with increased throughput. Such issues historically have 
been addressed through safety and environmental reviews prior to start-
up. Moreover, the changes vary from plant to plant and may result in 
more or larger LNG marine vessels, requiring a more detailed analysis 
by Commission staff or its federal agency partners. Further, these 
changes could also require a new letter of recommendation from USCG; a 
letter of determination from PHMSA; concurrence from the DoW; the 
opportunity for state agencies to submit a state safety advisory 
report; updated Emergency Response Plans developed in consultation with 
USCG and state and local agencies; and ESA consultation. Therefore, 
such uprates would be eligible under prior notice procedures.
    46. As for CLNG's proposal that the existing Change Reporting 
Process \82\ be preserved as a means to modify LNG plants separate from 
the blanket program, we disagree. The existing Change Reporting Process 
does not provide a clear, consistent, and certain regulatory path for 
modifying LNG plants.\83\ Conversely, the proposed blanket program will 
provide a path for routine, well understood repairs, replacements, and 
additions at LNG plants to receive regulatory approval with a shorter 
time frame, compared with traditional case-specific authorizations. The 
automatic authorization activities would include those intended to be 
covered by the semi-annual operational reports and the prior notice 
procedures would establish a separate streamlined authorization process 
to provide more consistency and regulatory certainty for those

[[Page 66499]]

activities while balancing the potential impacts of those activities. 
Nevertheless, as described below in section III.C.7, the semi-annual 
reporting requirements would be maintained and would continue to keep 
staff apprised of planned changes at each LNG plant.
---------------------------------------------------------------------------

    \82\ See supra P 29 (``Change Reporting Process'' is the term 
used by CLNG to cover modifications made at LNG terminals through 
both the semi-annual reporting and the MOC processes).
    \83\ See CLNG January 26, 2026 Comments at 8 (recognizing that 
the Change Reporting Process lacks clarity).
---------------------------------------------------------------------------

2. Prior Notice
    47. The NOI sought comment on what types of activities the 
Commission should find eligible for prior notice procedures.\84\
---------------------------------------------------------------------------

    \84\ NOI, 193 FERC ] 61,141 at P 13, Question B1.
---------------------------------------------------------------------------

    48. CLNG proposes that prior notice projects be divided into two 
tiers. The first tier of prior notice projects would entail ``facility 
modifications short of a new liquefaction train, LNG storage tank, or 
loading berth.'' \85\ CLNG's proposal would allow increases in LNG 
production or feed gas throughput that may have offsite impacts or 
implicate other potential issues (e.g., safety modeling, effects on 
landowners, environmental impacts, etc.), but would remain within the 
scope and magnitude of the impacts already reviewed and approved as 
part of the terminal's original authorization. For this tier, CLNG 
proposed a 30-day notice period.\86\
---------------------------------------------------------------------------

    \85\ CLNG January 26, 2026 Comments at 10.
    \86\ Id. at 17.
---------------------------------------------------------------------------

    49. Examples of the types of projects CLNG proposes to include in 
its first prior notice tier include: (i) LNG production increases 
beyond the previously authorized limit; (ii) adding a new process unit, 
system, or equipment to improve functionality or emissions but that 
does not expand storage; (iii) limited construction such as adding an 
extra power generator or a new control room that is consistent with 
previously assessed land use; (iv) modifications to the jurisdictional 
portions of an LNG terminal to enable integration with a complementary 
non-jurisdictional activity; (v) installation of new units or 
components as replacements of existing units or components with 
substantially equivalent design delivery capacity; and (vi) activities 
required for maintaining compliance with regulations, regardless of the 
complexity of the project, that otherwise do not meet the criteria for 
automatic authorization.\87\
---------------------------------------------------------------------------

    \87\ Id. at 15-16.
---------------------------------------------------------------------------

    50. CLNG proposes that this tier include activities that increase 
LNG production or throughput capacity without the construction of new 
liquefaction trains, storage tanks, or LNG loading berths provided 
that: (i) any environmental effects must have been analyzed within the 
previous NEPA analysis or will be addressed in a new NEPA analysis by 
another agency and the blanket authorization holder will obtain all 
required permits prior to commencement of construction; (ii) the 
project either does not require new land beyond the existing site or 
right-of-way or any new land is already under control of the blanket 
authorization holder; (iii) the project does not impact traffic and 
thermal radiation zones such that adjacent parcels not previously 
impacted would now be impacted; (iv) the project continues to comply 
with USCG, PHMSA, and other agency permits and requirements; and (v) 
preliminary noise modeling shows no exceedance of a day-night level 
(L<INF>dn</INF>) of 55 dBA at the nearest noise sensitive area and a 
noise survey will be filed no later than 60 days after the in-service 
date.\88\
---------------------------------------------------------------------------

    \88\ Id. at 16.
---------------------------------------------------------------------------

    51. In its second prior notice tier, CLNG proposes to allow the 
construction of new liquefaction trains, storage tanks, and LNG loading 
berths.\89\ Specifically, CLNG proposes that obtaining prior notice 
authorization for new trains, storage tanks, and berths would require: 
(i) that the design of the proposed facility be based on an existing 
design of the blanket authorization holder or its affiliate, as 
modified to account for site-specific conditions, new models of 
equipment, safety, efficiency, and maintenance improvements, 
integration with existing facilities at the LNG plant, and any updates 
in applicable Federal regulations; (ii) continued compliance with all 
conditions present in the underlying section 3 authorization order 
except any changes necessary due to changed regulations; (iii) that any 
new site-specific environmental impacts be of the same kind as those 
reviewed in the underlying NEPA analysis or be covered in a new NEPA 
analysis prepared by another agency; (iv) that new waterway suitability 
assessments or environmental permits be obtained if needed; (v) that 
any changes to the plant's existing safety design criteria are within 
the assumptions of prior models or else do not result in any parcels 
being included within the impact zones; (vi) that construction on new 
land adjacent or near the existing site will not significantly impact 
traffic; and (vii) that preliminary noise modeling shows no exceedance 
of an L<INF>dn</INF> of 55 dBA at the nearest noise sensitive area and 
a noise survey must be filed within 60 days of the in-service date.\90\ 
CLNG states that all of its proposed prior notice activities would 
either replicate the design of existing facilities that were previously 
subject to NEPA review or that would be de minimis or not have 
significant impacts.\91\ For this tier of activities, CLNG proposes a 
notice period of 60 days.\92\
---------------------------------------------------------------------------

    \89\ Id. at 18. BLUE proposes essentially the same activities 
for 60-day prior notice authorization as CLNG. BLUE January 23, 2026 
Comments at 5-6.
    \90\ CLNG January 26, 2026 Comments at 18-19.
    \91\ See id. at 11.
    \92\ Id. at 19.
---------------------------------------------------------------------------

    52. In addition to the activities proposed by other commenters, 
Woodside proposes that dredging or marine adjustment within existing 
operational limits be allowed under a prior notice tier.\93\
---------------------------------------------------------------------------

    \93\ Staff notes that the US Army Corps of Engineers, not the 
Commission, has jurisdiction over dredging.
---------------------------------------------------------------------------

    53. As the Commission explained in the 1982 section 7 pipeline 
blanket rulemaking, the prior notice tier of activities ``provides for 
a notice and protest procedure and comprises certain activities in 
which various interested parties might have a concern,'' such that 
``there is a need to provide an opportunity for a greater degree of 
review and to provide for possible adjudication of controversial 
aspects.'' \94\ We propose to establish a category of actions that 
would be eligible for prior notice authorization, which we have 
subdivided into two subcategories, one with a 60-day notice period and 
the other with a 90-day notice period, based on the Commission's 
experience reviewing both initial requests for authorization and 
requests for modifications during construction, commissioning, and 
operation of LNG plants. Our proposed notice periods differ from CLNG's 
and BLUE's, but we believe the additional time--30 additional days for 
each prior notice category, as compared to CLNG's proposal--is needed 
to enable the Commission, its staff, the public, affected landowners, 
and other interested parties sufficient time to review the proposals. 
Protest procedures for the blanket authorization program are discussed 
below, in section III.C.4.
---------------------------------------------------------------------------

    \94\ Order No. 234, FERC Stats. & Regs. ] 30,368 at 30,200.
---------------------------------------------------------------------------

    54. We propose at Sec.  153.108(d)(1) to make the following 
activities eligible under prior notice procedures with a 60-day notice 
period:
Components Within LNG Facilities
    Replacements, including the abandonment of existing components; 
upgrades; and modifications of existing components or the addition 
of new components designed to increase the authorized capacity of 
the LNG terminal or plant and that are within the authorized 
footprint and design limits.

[[Page 66500]]

Auxiliary Systems
    Replacements, including the abandonment of existing components; 
modifications; or new auxiliary components and systems associated 
with existing LNG facilities designed to increase the authorized 
capacity of the LNG terminal or plant and that are within the 
authorized footprint and design limits.
Related Pipeline Facilities
    Construction of pipeline facilities under section 3 of the NGA 
to the same extent as is allowed under the section 7 pipeline 
blanket certificate program.

    55. We propose at Sec.  153.108(d)(2) to make the following 
activities eligible under prior notice procedures with a 90-day notice 
period:
New LNG Facilities and Auxiliary Systems
    New LNG facilities and auxiliary systems that would be 
constructed outside the authorized footprint.

    56. Any projects undertaken under the 90-day prior notice category 
would be subject to the following conditions: (i) any expansion of 
facilities must be either within the existing LNG plant footprint or 
adjacent to the LNG plant and permanently occupy no more than 25 acres, 
occupy only previously-disturbed or developed land or waterways, and be 
within industrial zoned areas or areas without zoning; (ii) requests 
must demonstrate that any modifications outside the existing footprint 
will comply with all environmental and engineering conditions of the 
authorization for the plant; and (iii) the facilities must be of the 
same type (in-kind or upgraded) as those previously authorized by the 
Commission at the same LNG plant or terminal or reviewed and approved 
by Commission staff for the underlying authorization. We propose 
limiting the facility type to ensure sufficient time to analyze, within 
the limited timeframes contemplated under the proposed prior notice 
regulations, projects' potential hazards and safety and environmental 
impacts in light of the site-specific siting, design, construction, and 
operation of the LNG facilities in question. Further, Sec.  
153.108(f)(1) of the Commission's proposed regulations, which staff 
will enforce, prohibit blanket authorization holders from segmenting, 
separating, or dividing projects in order to meet the acreage 
limitation.
3. Blanket Activities Outside of the LNG Plant Footprint
    57. The NOI sought comment on whether the Commission should allow 
the construction and operation of facilities outside of the footprint 
of the currently authorized LNG plant.\95\
---------------------------------------------------------------------------

    \95\ NOI, 193 FERC ] 61,141 at P 13, Question B4.
---------------------------------------------------------------------------

    58. Some commenters support allowing projects to occur both within 
and outside of the existing project footprint.\96\ CH-IV International, 
LLC (CH-IV),\97\ however, opposes allowing construction and operation 
of facilities outside of the plant limits but does not explain why.\98\
---------------------------------------------------------------------------

    \96\ E.g., CLNG January 26, 2026 Comments at 14; Cheniere 
January 26, 2026 Comments at 6.
    \97\ CH-IV is a global engineering and consulting firm serving 
asset developers, regulators, owners, operators, and lenders across 
the energy, infrastructure, and resources industries.
    \98\ CH-IV January 16, 2026 Comments at 6.
---------------------------------------------------------------------------

    59. As stated above, we propose to allow for the construction and 
operation of facilities outside of the LNG plant footprint. However, 
such facilities would be limited to a 25-acre area and would only be 
eligible for construction under the 90-day prior notice procedures.
    60. We believe it would be unwise to limit expansions to those 
within the existing footprint. First, we understand, based on the 
experience of Commission staff, that an appropriately limited category 
of actions outside LNG plants' existing footprints can be fully and 
appropriately assessed through the proposed prior notice procedures. In 
particular, the engineering and environmental conditions (e.g., 
requiring that the new facilities be of the same type (in-kind or 
upgraded) as those previously authorized by the Commission at the same 
LNG plant or terminal) and the limitation on the location and size of 
the expansion permanently occupying no more than 25 acres on adjacent 
land help ensure that such projects will not have a significant impact 
on public safety or the environment. The prior notice procedures also 
allow for interested stakeholders to have an opportunity to evaluate 
proposals and raise particular concerns regarding a project's impact. 
Moreover, limiting blanket-eligible expansions to those within a 
plant's existing footprint could incentivize artificially congested 
development, resulting in potential safety concerns due to equipment 
congestion, which can create new hazards for and from maintenance 
activities, increase consequences from hazards, and impede emergency 
access and egress. Therefore, we find that such projects may qualify 
for the faster and more streamlined blanket procedures, so as to 
facilitate and expedite important infrastructure development without 
significant adverse impacts on public safety or the environment.
    61. Regarding the proposed 25-acre limit on blanket-eligible 
expansions outside a plant's existing footprint, Commission staff 
evaluated prior authorizations to determine what acreage would allow an 
LNG blanket authorization holder to construct new facilities of an 
appropriate scope for eligibility under the proposed 90-day prior 
notice tier. Staff determined that 25 acres would allow for the 
construction of two LNG tanks, a single large liquefaction train (e.g., 
7.8 MTPA (1.08 Bcfd)), approximately 10 smaller liquefaction blocks 
(e.g., 20 liquefaction units totaling 12.5 MTPA (1.73 Bcfd)), or five 
combined-cycle power generation facilities. Staff determined based on 
its experience that the safety and environmental effects of such 
projects would be less than significant based on prior examples.\99\ We 
emphasize that this analysis does not alter or diminish an applicant's 
obligation to comply with the requirements set forth in Sec.  
153.108(e)(4). In addition, the proposed regulations include general, 
environmental, and engineering conditions and criteria as delineated in 
Sec. Sec.  153.106 and 153.108 to limit the impacts. However, we seek 
comment on:
---------------------------------------------------------------------------

    \99\ For example, in Corpus Christi Liquefaction, LLC, 190 FERC 
] 61,149, the Commission authorized the construction and operation 
of the CCL Midscale Trains 8 & 9 Project, two midscale trains that 
would permanently occupy approximately 40 acres (i.e., each train 
would occupy 20 acres) and that the proposed project ``would not 
constitute a major federal action significantly affecting the 
quality of the human environment.'' Id. P 130. Similarly, in Port 
Arthur LNG Phase II, 184 FERC ] 61,184 (2023), the Commission 
authorized the construction and operation of the Port Arthur LNG 
Expansion Project, two large scale liquefaction trains that would 
permanently occupy approximately 60 acres (i.e., each train occupied 
30 acres) and found that the proposed project ``would not constitute 
a major federal action significantly affecting the quality of the 
human environment.'' Id. P 130. See also Sabine Pass Liquefaction 
Expansion, LLC, 151 FERC ] 61,012, at P 122 (2015) (finding that the 
construction and operation of two liquefaction trains and other 
facilities would not constitute a major federal action significantly 
affecting the quality of the human environment).

--Whether 25 acres beyond the existing plant footprint is an 
appropriate acreage limitation?
--Whether the Commission should consider any additional limits or 
criteria for blanket eligibility for projects that extend beyond the 
existing plant footprint?

    62. In addition, we propose to allow certain pipeline tie-in 
facilities to be constructed outside the existing plant footprint. 
These facilities would allow LNG blanket authorization holders to 
interconnect with pipeline systems without case-specific authorization.

[[Page 66501]]

Such facilities are well understood because many similar facilities 
have been constructed under the Commission's section 7 pipeline blanket 
program.\100\
---------------------------------------------------------------------------

    \100\ See 18 CFR 157.202(b)(2)(i).
---------------------------------------------------------------------------

4. Cost Limits for LNG Facilities and Auxiliary Systems
    63. The NOI sought comment on whether the Commission should use 
cost limits as a proxy to determine what activities are eligible under 
the proposed LNG blanket program.\101\
---------------------------------------------------------------------------

    \101\ NOI, 193 FERC ] 61,141 at P 13, Question B7.
---------------------------------------------------------------------------

    64. Under the section 7 pipeline blanket certificate regulations, 
activities are limited based on the cost of the proposed project.\102\ 
Several commenters oppose cost limits for the construction and 
operation of LNG facilities under an LNG blanket program because of the 
high variability in equipment cost and supply chain factors.\103\ 
States comment that cost limits are not an appropriate surrogate for 
determining whether a project should be eligible for automatic or prior 
notice authorization because the Commission has not shown LNG facility 
projects and activities to be routine or generic.\104\
---------------------------------------------------------------------------

    \102\ See supra P 11 & note 21.
    \103\ See Cheniere January 26, 2026 Comments at 6; BLUE January 
23, 2026 Comments at 3; Woodside January 26, 2026 Energy Comments at 
2.
    \104\ States January 26, 2026 Comments at 8-9.
---------------------------------------------------------------------------

    65. We do not propose to include cost limits as part of the LNG 
blanket program for LNG plants. The costs associated with LNG and 
auxiliary systems do not serve as a reasonable proxy for their 
associated effects. Instead, the classifications we have proposed, 
which are based on the physical and operational nature of the 
activities at issue, provide a more appropriate proxy for the covered 
projects' expected environmental, safety, and hazard effects, and hence 
a better criterion for eligibility under the blanket program. Moreover, 
the Commission does not regulate rates under NGA section 3 as it does 
under section 7, so concerns about effects on ratepayers--one of the 
primary reasons for the section 7 cost limits--are not implicated.\105\
---------------------------------------------------------------------------

    \105\ See Hackberry LNG Terminal, L.L.C., 101 FERC ] 61,294, at 
P 21 (2003) (citing Energy Policy Act of 1992, Pub. L. 102-486, 106 
Stat. 2776 (1992)) (noting that the prices, terms, and conditions of 
service for first sales of natural gas, including sales of imported 
LNG, have been deregulated by statute and finding there is no 
regulatory need to require a tariff and rate schedule as a condition 
of approving an LNG terminal under section 3).
---------------------------------------------------------------------------

5. Rate Treatment of Section 7 LNG Activities
    66. The NOI sought comment on whether the Commission should treat 
section 7 LNG plants different from other interstate natural gas 
facilities.\106\
---------------------------------------------------------------------------

    \106\ NOI, 193 FERC ] 61,141 at P 13, Question B7.
---------------------------------------------------------------------------

    67. Eastern Shore comments that the Commission should not place 
cost-based limits on section 7 LNG facilities as long as required 
environmental and landowner impact conditions are satisfied.\107\ Given 
its experience, Eastern Shore states that these facilities are more 
costly than linear pipeline projects.\108\ CH-IV states that the 
program should be structured in a manner that ensures automatic 
authorization projects have little impact on ratepayers or interstate 
pipeline operations and prior notice procedures should be available for 
projects likely to have significant impacts on ratepayers or interstate 
pipeline operations.\109\
---------------------------------------------------------------------------

    \107\ Id. at 4.
    \108\ Id.
    \109\ CH-IV January 16, 2026 Comments at 6.
---------------------------------------------------------------------------

    68. As discussed above, we do not propose to include cost limits 
for LNG blanket activities. However, any section 7 LNG blanket 
activities would be subject to the same rate treatment applicable under 
the section 7 pipeline blanket program and our proposed regulations 
include reference to the relevant portions of the pipeline blanket 
regulations. Thus, for section 7 LNG activities completed under the 
automatic authorization category, we propose that the costs be 
presumptively eligible for rolled-in rate treatment because the 
eligible activities will be for enhanced reliability and safety.\110\ 
As for activities completed under the prior notice category, we note 
that the Commission is proposing changes to its section 7 pipeline 
blanket program to allow for incremental rates and any changes made in 
that proceeding would apply to the section 7 LNG blanket 
activities.\111\
---------------------------------------------------------------------------

    \110\ Certification of New Interstate Nat. Gas Pipeline 
Facilities, 88 FERC ] 61,227, at 61,746 n.12 (1999).
    \111\ See Revisions to the Blanket Certificate Program, 91 FR 
31371 (May 27, 2026), 195 FERC ] 61,128 (2026).
---------------------------------------------------------------------------

6. Replacements Under Sec.  2.55 for Section 7 LNG Plants
    69. Currently, section 7 LNG certificate holders can replace 
facilities that ``have or will soon become physically deteriorated or 
obsolete'' under Sec.  2.55 of the Commission's regulations.\112\ Such 
a replacement must have a substantially equivalent design capacity, be 
located in the same right-of-way or on the same site as the facilities 
being replaced, and be constructed using the temporary work space used 
to construct the existing facility.\113\ Section 2.55 also allows LNG 
certificate holders to construct auxiliary installations, which 
includes installations for more efficient or economical operation.\114\ 
As the activities that are eligible under Sec.  2.55 would be redundant 
with the activities under the proposed LNG blanket authorization 
program, we propose to remove the eligibility for section 7 LNG 
facilities, including auxiliary systems, under Sec.  2.55 for those 
entities that choose to apply for and receive a blanket authorization. 
To ensure that the activities undertaken pursuant to Sec.  2.55 meet 
the same safety and engineering conditions as those done under the 
proposed blanket authorization program, we will also require that 
section 7 LNG plant operators comply with the requirements in Sec.  
153.106(c) and Sec.  153.107(a)(3) and (4) for activities undertaken 
pursuant to Sec.  2.55. Recognizing that LNG certificate holders may 
have planned projects under Sec.  2.55 and that a sunset period may 
accordingly be necessary to avoid unwarranted disruption, we propose to 
include a provision that would make the proposed amendments to Sec.  
2.55 effective 2 years after the effective date of the rule. After that 
time, LNG certificate holders with effective blanket authorizations 
would have to rely exclusively on the provisions of the LNG blanket 
program.
---------------------------------------------------------------------------

    \112\ 18 CFR 2.55(b).
    \113\ Id.
    \114\ Id. 2.55(a).
---------------------------------------------------------------------------

C. Blanket Authorization Procedures

1. Obtaining Blanket Authority
    70. When instituting the section 7 pipeline blanket certificate 
program in 1982, the Commission required each existing certificate 
holder to apply for a blanket certificate \115\ and delegated authority 
to staff to act on such applications.\116\ Applying NGA section 7(e)'s 
standards, staff issued approximately 65 blanket certificate orders to 
existing section 7 pipeline companies in the first two years.\117\

[[Page 66502]]

When a new natural gas company \118\ requests a certificate to 
construct and operate interstate transportation facilities, it 
typically also requests a section 7 pipeline blanket certificate, and 
the Commission acts on such requests in the certificate proceeding for 
the project.\119\
---------------------------------------------------------------------------

    \115\ Order No. 234, FERC Stats. & Regs. ] 30,368 at 30,201; see 
also 18 CFR 157.204 (section 7 pipeline blanket certificate 
application procedures).
    \116\ 18 CFR 375.308(v)(8).
    \117\ E.g., E. Tenn. Nat. Gas Co., 20 FERC ] 62,413 (1982) 
(finding the ``applicant is able and willing properly to do the acts 
and to [perform] the service proposed and to conform to the 
provisions of the Natural Gas Act and the requirements, rules, and 
regulations of the Commission thereunder'') (citing NGA section 
7(e), 15 U.S.C. 717f(e)).
    \118\ Under the NGA a ``natural gas company'' is defined as a 
person engaged in the transportation of natural gas in interstate 
commerce, or the sale in interstate commerce of such gas for resale. 
15 U.S.C. 717a(6).
    \119\ E.g., Double E Pipeline, LLC, 173 FERC ] 61,074, at P 38 
(2020); Adelphia Gateway, LLC, 169 FERC ] 61,220, at P 52 (2019).
---------------------------------------------------------------------------

    71. The NOI sought comment on whether the Commission should require 
LNG authorization and certificate holders to apply for a blanket 
authorization as it does for natural gas pipeline companies.\120\ The 
NOI also sought comment on whether, and if so how, the Commission 
should consider an applicant's compliance history when determining 
whether to grant blanket authorization.
---------------------------------------------------------------------------

    \120\ NOI, 193 FERC ] 61,141 at P 13, Question A1 (citing 18 CFR 
157.204(a)).
---------------------------------------------------------------------------

    72. Industry commenters generally support the automatic grant of 
LNG blanket authority to existing authorization and certificate holders 
and inclusion of a new standard condition in any future section 3 
authorization orders.\121\ Other commenters request that the Commission 
require LNG authorization and certificate holders to apply for a 
blanket authorization.\122\ Earthjustice states that requiring 
authorization and certificate holders to request a blanket 
authorization would not be burdensome and would allow the public to 
comment and provide perspective on whether specific authorization and 
certificate holders should not be granted a blanket authorization.\123\
---------------------------------------------------------------------------

    \121\ Center for LNG January 26, 2026 Comments at 21; Cheniere 
Energy, Inc. January 26, 2026 Comments at 4.
    \122\ E.g., BLUE January 23, 2026 Comments at 3.
    \123\ Earthjustice January 26, 2026 Comments at 7.
---------------------------------------------------------------------------

    73. Cheniere does not recommend considering prior compliance 
history.\124\ Similarly, CLNG does not recommend considering prior 
compliance history unless there is an egregious record or a history of 
not being forthright in reporting to the Commission.\125\ CLNG notes 
that the Commission's Office of Enforcement could address any 
compliance issues.\126\ Other commenters propose that the Commission 
consider the company's compliance history when acting on a request for 
a blanket authorization and retain the ability to revoke such 
authorization.\127\
---------------------------------------------------------------------------

    \124\ Cheniere January 26, 2026 Comments at 4.
    \125\ CLNG January 26, 2026 Comments at 21-22.
    \126\ Id. at 21-22.
    \127\ CH-IV January 16, 2026 Comments at 2; BLUE January 23, 
2026 Comments at 3.
---------------------------------------------------------------------------

    74. We propose in Sec.  153.104 to require LNG authorization and 
certificate holders to apply for blanket authorization before availing 
themselves of the proposed LNG blanket program.\128\ This appropriately 
mirrors the approach taken under the section 7 pipeline blanket 
certificate program. We also propose to establish a delegation for the 
Director of the Office of Energy Projects (OEP) to act on such 
requests, to avoid the need for the Commission to address each 
case.\129\ By requiring LNG authorization and certificate holders to 
apply for a blanket authorization, Commission staff will ensure that 
the authorization or certificate holder has requisite plans and 
procedures in place (such as an Emergency Response Plan as required 
under NGA section 3A). Finally, we note, consistent with other 
authorizations, that the Commission retains authority to rescind or 
decline to grant a blanket authorization for non-compliance.\130\
---------------------------------------------------------------------------

    \128\ As with the section 7 pipeline blanket certificate 
program, a new applicant can request a blanket authorization 
concurrently with its request for authorization under section 3 or 
section 7.
    \129\ See 18 CFR 375.308(v)(8) (delegation to the Director of 
OEP to approve blanket certificate applications).
    \130\ See Order No. 234, FERC Stats. & Regs. ] 30,368 at 30,203 
(explaining, in the section 7 blanket pipeline certificate 
proceeding, that the Commission has ``the authority to revoke any 
certificate, including a blanket certificate, under appropriate 
circumstances'').
---------------------------------------------------------------------------

2. Stakeholder Notification
    75. The NOI sought comment on what stakeholder notification the 
Commission should require for projects constructed pursuant to an LNG 
blanket program.\131\
---------------------------------------------------------------------------

    \131\ NOI, 193 FERC ] 61,141 at P 13, Question A7.
---------------------------------------------------------------------------

    76. In response to the NOI, CLNG proposes that for projects 
requiring prior notice, the Commission adopt procedures consistent with 
Sec.  157.6(d), which requires notification of ``all affected 
landowners and towns, communities, and local, state and Federal 
governments and agencies involved in the project.'' \132\ In addition, 
CLNG proposes that notification also be provided to all customers of 
the requesting LNG facility.\133\ Cheniere proposes a more 
circumscribed approach, stating that notification should be limited to 
agencies with jurisdictional authority and affected landowners only 
when activities occur outside the existing, previously-authorized plant 
boundary; otherwise, routine in-boundary modifications should not 
require public notice.\134\
---------------------------------------------------------------------------

    \132\ CLNG January 26, 2026 Comments at 25.
    \133\ Id.
    \134\ Cheniere January 26, 2026 Comments at 5.
---------------------------------------------------------------------------

    77. We propose to establish landowner notification procedures akin 
to the Commission's existing regulations for the section 7 pipeline 
blanket program.\135\ For automatic authorization projects, the 
notification procedures proposed in Sec.  153.103(d)(1) would require 
LNG blanket authorization holders to notify affected landowners, as 
defined by the Commission's regulations,\136\ 45 days prior to 
commencing construction unless the activity does not involve ground 
disturbance, changes to operational air and noise emissions, or adverse 
effects on hazards or safety. In addition to the landowner notification 
procedures, we propose to add a requirement for automatic authorization 
activities that each local municipality (i.e., the city, town, or 
similar local political subdivision) in which the LNG terminal or plant 
is located be notified, subject to the same exclusion applicable to 
landowner notification. For prior notice projects, blanket 
authorization holders would be required, as proposed in Sec.  
153.103(d)(2), to notify affected landowners and each local 
municipality (i.e., the city, town, or similar local political 
subdivision) in which the LNG terminal or plant is located within at 
least three business days following the date that a docket number is 
assigned to the request and at the time the blanket authorization 
holder initiates easement negotiations. Last, notification to certain 
Federal, state, and local agencies is required under specified 
circumstances, as discussed in section III.E.
---------------------------------------------------------------------------

    \135\ 18 CFR 157.203(d). See infra section III.C.8.
    \136\ Id. 157.6(d)(2).
---------------------------------------------------------------------------

3. Advance Notice for Automatic Authorization Activities
    78. Section 2.55(b) requires notice to the Commission prior to the 
commencement of construction of certain larger-scale replacement 
projects because the Commission determined that, consistent with 
NEPA,\137\ it needed to review replacement activities that could pose 
serious, adverse environmental impacts before they occur.\138\ The NOI 
sought comment on whether the Commission should require advance 
notification to Commission staff of blanket activities prior to

[[Page 66503]]

implementation and, if so, whether 30 days is sufficient.\139\
---------------------------------------------------------------------------

    \137\ NEPA requires Federal agencies to analyze the reasonably 
foreseeable effects of a proposed major Federal action. 42 U.S.C. 
4332, et seq.
    \138\ Revisions to Reguls. Governing NGPA Sec. 311 Constr. & the 
Replacement of Facilities, Order No. 544, 57 FR 46487 (Sept. 21, 
1992), FERC Stats. & Regs. ] 30,951, at 30,686-87 (1992) (cross-
referenced at 60 FERC ] 61,253).
    \139\ NOI, 193 FERC ] 61,141 at P 13, Question A4.a.
---------------------------------------------------------------------------

    79. Numerous commenters state that no advance notice should be 
required for automatic authorization projects.\140\ CH-IV recommends a 
30-day notice procedure.\141\
---------------------------------------------------------------------------

    \140\ BLUE January 23, 2026 Comments at 4-5; Cheniere January 
26, 2026 Comments at 5; CLNG January 26, 2026 Comments at 22.
    \141\ CH-IV January 16, 2026 Comments at 2. See 18 CFR 
2.55(b)(2).
---------------------------------------------------------------------------

    80. We do not propose to require advance notice for the relatively 
minor activities eligible for automatic authorization, beyond the 
proposed semi-annual operational reporting discussed below in section 
III.C.7, and the inspection requirements that are included in each 
authorization order. The proposed activities that would be eligible for 
automatic authorization are well-understood and must not result in 
significant environmental effects. Moreover, the technical reviews, 
inspections, and semi-annual operational reporting requirements already 
ensure that staff is aware of any significant modifications.
4. Notice and Protest Procedures for Prior Notice Projects
    81. The NOI sought comment on whether the Commission should adopt 
the same prior notice procedures as in the section 7 pipeline blanket 
regulations.\142\ The NOI also asked which types of protests should be 
dismissed, if any.\143\
---------------------------------------------------------------------------

    \142\ NOI, 193 FERC ] 61,141 at P 13, Question A6 (citing 18 CFR 
157.205).
    \143\ Id.
---------------------------------------------------------------------------

    82. Most commenters recommend that the Commission adopt a process 
similar to the prior notice procedures used in the section 7 pipeline 
blanket program. Both Cheniere and BLUE recommend that the Commission 
adopt the same 60-day prior notice timeline.\144\ Conversely, and as 
discussed above, CLNG recommends a two-tiered approach where smaller 
projects would have a 30-day timeline and larger projects (e.g., new 
liquefaction trains, tanks, and marine berths) would have a 60-day 
timeline.\145\
---------------------------------------------------------------------------

    \144\ Cheniere January 26, 2026 Comments at 4; BLUE January 23, 
2026 Comments at 3.
    \145\ CLNG January 26, 2026 Comments at 17.
---------------------------------------------------------------------------

    83. As for limiting potential range of eligible protestors, CLNG 
proposes that the Commission limit eligible protesters to customers of 
the LNG plant and adjacent landowners who can show that they may be 
affected by the prior notice project in a different manner than by the 
project approved in the original section 3 authorization. CLNG asserts 
that these restricted eligibility criteria would prevent individuals or 
groups without demonstrated and tangible interests in a project from 
delaying it.\146\ CLNG also proposes that the Director of OEP be 
authorized to dismiss protests and be required to dismiss any protest 
that seeks to relitigate the section 3 authorization or other earlier 
proceedings.\147\
---------------------------------------------------------------------------

    \146\ Id. at 24.
    \147\ Id. at 17.
---------------------------------------------------------------------------

    84. BLUE proposes that the Director of OEP have 30 days to dismiss 
a protest if it does not raise a substantive issue, thus providing 
staff more time to review the filings than under the section 7 pipeline 
blanket program, under which the Director of OEP has only 10 days to 
issue such a dismissal.\148\
---------------------------------------------------------------------------

    \148\ BLUE January 23, 2026 Comments at 7.
---------------------------------------------------------------------------

    85. Woodside supports the establishment of minimum requirements 
that a protest must satisfy. Specifically, Woodside states that a 
protest should be required to: (i) identify with particularity the 
substantive issue presented by the activity; (ii) set forth in detail 
the substantive basis for the protest; and (iii) establish with 
substantial supporting evidence that the protestor or the individuals 
it represents stand to be materially and substantially affected in an 
adverse manner by the activity.\149\
---------------------------------------------------------------------------

    \149\ Woodside January 26, 2026 Comments at 1-2.
---------------------------------------------------------------------------

    86. As discussed above, we propose that the regulations establish a 
tiered approach for the notice and protest procedures for prior notice 
activities. We propose to establish a 60-day comment period as the 
foundation for the LNG blanket authorization program and a longer 90-
day comment period for a second tier of larger prior notice activities 
(e.g., liquefaction trains, storage tanks, and marine berths).
    87. A shorter time period would be too restrictive to allow 
interested parties, including state and local agencies who, within 30 
days, might furnish an advisory report under NGA section 3A(c),\150\ to 
review the request, and then for Commission staff to perform its review 
of environmental and safety issues, respond to any issues raised, and 
protest if necessary.
---------------------------------------------------------------------------

    \150\ 15 U.S.C. 717b-1(c). Although section 3A does not apply to 
section 7 LNG approvals, a 60-day notice period is still appropriate 
to provide stakeholders time to review a proposal and to provide 
staff sufficient time to complete any environmental review.
---------------------------------------------------------------------------

    88. For larger-scale facilities, we propose to establish a 90-day 
notice period. This longer notice period will provide stakeholders and 
the Commission sufficient time to evaluate environmental and safety 
effects associated with the construction and operation of such 
facilities while still providing a more streamlined approval process as 
compared to a full section 3 or 7 application. Based on its decades of 
experience analyzing such projects, the Commission does not believe a 
shorter notice period would be appropriate for these larger scale 
facilities.
    89. Regarding eligibility criteria for protesters, we propose to 
adopt the same approach as our current part 157, subpart F regulations 
governing protests. Under those regulations, a protest to a prior 
notice is dismissed if it fails to ``raise a substantive issue and 
fails to provide any specific detailed reason or rationale for the 
objection.'' We note that the Director of the Office of Energy Projects 
dismisses protests for failure to raise substantive issues pertaining 
to the project and failure to provide any specific detailed reason or 
rationale for objecting to the pending proposal, thereby allowing the 
project to proceed under a blanket authorization.\151\ However, we seek 
comment on whether establishing more prescriptive criteria for 
protestors could focus prior notice proceedings and help promote the 
intended efficiencies of the blanket program. This could include 
limiting the persons that may protest a prior notice request to only 
those with a substantial interest, Commission staff, and affected 
landowners, so as to preclude protests based solely on generic or 
irrelevant concerns. We therefore seek comment on the following:
---------------------------------------------------------------------------

    \151\ Transwestern Pipeline Co., LLC, 194 FERC ] 62,131 (2026); 
S. Star Cent. Pipeline, Inc., 194 FERC ] 62,097 (2026); Nw. Pipeline 
LLC, 194 FERC ] 62,021 (2026).

--Whether, and if so how, to establish eligibility criteria so that 
only persons with a demonstrated substantial interest may protest;
--Other potential defined eligibility criteria for protestor 
eligibility, including adopting criteria similar to the Commission's 
intervention standards \152\ and whether the Commission should require 
membership organizations seeking to protest prior notice requests to 
provide evidence that they have a member in the relevant geographic 
area, or are representing a specific member that is or will be directly 
affected by the proposed project. Any proposals should demonstrate how 
the criteria do not prevent persons meaningfully impacted by a proposed 
project from protesting;
---------------------------------------------------------------------------

    \152\ 18 CFR 385.214(b)(2); Am. Elec. Power Servs. Corp., 120 
FERC ] 61,052, at P 12 (2007).
---------------------------------------------------------------------------

--Whether the Commission should establish a designated timeline within

[[Page 66504]]

which it will seek to issue orders adjudicating prior notice protest 
proceedings (e.g., 60 days), noting that individual cases present 
differing issues and information needs, and thus require differing 
processing times. We also seek comment on whether such procedures would 
inhibit blanket authorization holders and protestors from negotiating a 
settlement that would resolve the protest.
5. Notice To Proceed With Construction
    90. The NOI sought comment on whether the Commission should require 
blanket authorization holders to request a notice to proceed from the 
Director of OEP or the Director's designee prior to the start of 
construction, introduction of hazardous fluids, or other 
milestones.\153\
---------------------------------------------------------------------------

    \153\ NOI, 193 FERC ] 61,141 at P 13, Question D4.
---------------------------------------------------------------------------

    91. CLNG opposes requiring blanket authorization holders to obtain 
notices to proceed with blanket activities, except for any automatic 
activities that exceed the footprint of the underlying authorization, 
for which it recommends requiring a notice to proceed prior to the 
start of construction.\154\ Cheniere opposes requiring notices to 
proceed for blanket activities altogether, asserting that this 
requirement poses an unnecessary administrative burden.\155\
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    \154\ CLNG January 26, 2026 Comments at 48.
    \155\ Cheniere January 26, 2026 Comments at 7.
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    92. CH-IV and BLUE support requiring notices to proceed. BLUE 
recommends that the Commission require LNG blanket authorization 
holders to submit one or multiple implementation plans for site 
preparation, construction, commissioning, hazardous fluid introduction, 
and in-service, all of which would require a notice to proceed.\156\ 
CH-IV states that requiring notices to proceed would ensure compliance 
with safety and environmental measures.\157\
---------------------------------------------------------------------------

    \156\ BLUE January 23, 2026 Comments at 7. BLUE specifies in its 
response to NOI Question C1 that implementation plans would be 
needed for authorized prior notice activities. Id.
    \157\ CH-IV January 16, 2026 Comments at 9.
---------------------------------------------------------------------------

    93. We do not propose to require notices to proceed for blanket 
activities under an automatic authorization. These activities are well 
understood and would not result in changes to hazards and safety, and 
environmental effects will be analyzed in the programmatic NEPA 
document that will be prepared for this rulemaking. Further, the LNG 
blanket authorization holder will need to report automatic 
authorization activities in its semi-annual report under proposed Sec.  
153.106(c)(2).
    94. As for prior notice activities, we propose to require: (1) a 
notice to proceed for the commissioning or introduction of hazardous 
fluids or to ensure all necessary safety and security systems are 
installed and functional, and (2) a notice to commence service. 
Requiring just two notices would reduce the burden on both industry and 
Commission staff given that a typical case-specific proceeding may 
involve hundreds of notices to proceed for each new construction 
activity. The proposed approach also balances safety and security 
checks done in coordination with other Federal agencies. Although such 
notices are not required for section 7 pipeline blanket activities, the 
proposed regulations would require blanket authorization holders to 
request notices to proceed for section 7 LNG prior notice activities 
due to the Commission's role in maintaining safety and security 
oversight in coordination with other Federal agencies throughout the 
life of an LNG plant.
6. In-Service Deadline
    95. The NOI sought comment on whether the Commission should require 
completion of construction and in-service of blanket projects within a 
specified timeframe and, if so, what timeframe.\158\
---------------------------------------------------------------------------

    \158\ NOI, 193 FERC ] 61,141 at P 13, Question A8.
---------------------------------------------------------------------------

    96. CLNG and BLUE do not recommend that the Commission include any 
in-service timeline as part of an LNG blanket program.\159\ Cheniere 
comments that blanket activities should be completed ``within normal 
operational schedules.'' \160\
---------------------------------------------------------------------------

    \159\ CLNG January 26, 2026 Comments at 25; BLUE January 23, 
2026 Comments at 4.
    \160\ Cheniere January 26, 2026 Comments at 5.
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    97. We propose to require section 3 LNG activities under a blanket 
authorization to be constructed and made available for service within 
five years of the date on which the activity is deemed authorized. This 
is the standard deadline included in orders amending authorizations 
under section 3 and therefore should allow sufficient time to complete 
proposed blanket activities.\161\ We propose to adopt the same five-
year time limit for section 7 LNG facilities constructed pursuant to a 
blanket authorization.
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    \161\ See, e.g., Corpus Christi Liquefaction, LLC, 190 FERC ] 
61,149 at ordering para. (B); Elba Liquefaction Co., L.L.C., 189 
FERC ] 61,133, at ordering para. (E) (2024).
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7. Reporting Requirements
    98. Semi-annual operational reports are required by authorization 
orders and must ``identify changes in facility design and operating 
conditions'' and ``plant modifications, including future plans and 
progress thereof,'' and include a section entitled ``Significant Plant 
Modifications Proposed for the Next 12 Months.'' \162\
---------------------------------------------------------------------------

    \162\ See, e.g., Corpus Christi Liquefaction, LLC, 190 FERC ] 
61,149 at app. A, env't condition 100.
---------------------------------------------------------------------------

    99. The NOI sought comment on whether the Commission should require 
blanket authorization holders to document automatic authorization 
activities undertaken during the previous calendar year in semi-annual 
operational reports and, if so, what information should be required to 
be included.\163\
---------------------------------------------------------------------------

    \163\ NOI, 193 FERC ] 61,141 at P 13, Question A4(b).
---------------------------------------------------------------------------

    100. CLNG, the Center for Regulatory Freedom, and Cheniere support 
using the semi-annual operational reports to report any activities 
undertaken automatically pursuant to a blanket authorization 
program.\164\ CLNG proposes that each semi-annual operational report 
include a list of projects undertaken under blanket authorization, 
along with descriptions and completion dates for each project.\165\ 
CLNG also proposes that blanket authorization holders would demonstrate 
PHMSA compliance, if required, in the operational reports.\166\ CLNG 
proposes that if a blanket authorization holder files the details of a 
blanket project as privileged, the blanket authorization holder would 
provide a public version that identifies the type of project and its 
general title.\167\ BLUE comments that semi-annual operational reports 
should include a description, any applicable environmental permits and 
certifying statements that applicable state and Federal permits were 
obtained, a management of change process, updated design details, and, 
if needed, demonstration of PHMSA compliance.\168\
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    \164\ CLNG January 26, 2026 Comments at 14; Center for 
Regulatory Freedom January 26, 2026 Comments at 11; Cheniere January 
26, 2026 Comments at 5.
    \165\ CLNG January 26, 2026 Comments at 14.
    \166\ See id. at 35.
    \167\ Id. at 14-15.
    \168\ BLUE January 23, 2026 Comments at 5.
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    101. States express concern with the lack of publicly available 
information regarding activities at LNG plants.\169\ States and 
Earthjustice express the general concern that activities approved 
subject to an automatic authorization might not be disclosed to the 
public until blanket authorization holders' semi-annual operational 
reports that

[[Page 66505]]

would be filed after the activities were completed.\170\
---------------------------------------------------------------------------

    \169\ States January 26, 2026 Comments at 16-17.
    \170\ Id. at 20; Earthjustice January 26, 2026 Comments at 7.
---------------------------------------------------------------------------

    102. We propose that blanket authorization holders be required to 
report automatic authorization activities completed under the blanket 
authorization program using the existing semi-annual operational 
reports. As explained above, activities eligible for automatic 
authorization are so well understood as an established industry 
practice that little scrutiny is required to determine that they are, 
for section 3 terminals, not inconsistent with the public interest or, 
for section 7 plants, in the public convenience and necessity.\171\ 
Although automatic authorization activities might not be disclosed to 
the public until after their completion, requiring their inclusion in 
semi-annual operational reports will provide the public information on 
a more expedited basis than pursuant to our annual reporting 
requirement for automatic activities undertaken under the section 7 
pipeline blanket program, with respect to which we have not encountered 
timeliness concerns.\172\ In our proposed regulations, at Sec. Sec.  
153.106(c)(2) and 153.107(a), we require blanket authorization holders 
to report a description of the facilities installed; the specific 
purpose, location, and beginning and completion date of construction of 
the facilities installed, the date service commenced, and, if 
applicable, a statement indicating the extent to which the facilities 
were jointly constructed; a description of the contacts made, reports 
produced, and results of consultations which took place to ensure 
compliance with the NHPA, Coastal Zone Management Act (CZMA), ESA, and 
NGA; documentation, including images, showing that restoration of work 
areas is progressing appropriately; and a discussion of problems or 
unusual construction issues, including those identified by affected 
landowners, and corrective actions taken or planned. We remind blanket 
authorization holders that the semi-annual report must conform with the 
Commission's regulations regarding filings and privileged or critical 
energy infrastructure information (CEII), including the requirement 
that anything filed under these regulations must include a public 
version and a justification for the privileged or CEII treatment.\173\ 
Generally, information pertaining to items such as offsite emergency 
response procedures for public notification and evacuation, and 
construction and operating reporting requirements is subject to public 
disclosure. In addition to complying with our regulations regarding 
non-public information, we propose in Sec.  153.107(c) to require that 
if any of the information provided in paragraphs Sec. Sec.  
153.107(a)(1) or (a)(5) through (13) is filed as non-public, the 
blanket authorization holder shall file a public summary of all changes 
undertaken pursuant to blanket authorization.
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    \171\ See supra note 41.
    \172\ See 18 CFR 157.207.
    \173\ See id. 388.112(b)(1).
---------------------------------------------------------------------------

    103. As for reporting costs, for NGA section 3 blanket activities, 
we do not propose to require any specific reporting because the 
Commission does not regulate the rates for section 3 LNG 
terminals.\174\ For NGA section 7 activities, we propose, as discussed 
above in section III.B.5, that blanket authorization holders be 
required to include the costs associated with LNG facilities or 
auxiliary systems constructed under an LNG blanket authorization.
---------------------------------------------------------------------------

    \174\ See supra note 105.
---------------------------------------------------------------------------

8. Delegations to the Director of the Office of Energy Projects
    104. We propose to update the delegations to the Director of the 
Office of Energy Projects in our regulations to conform with the 
addition of the LNG blanket program. These delegations are proposed at: 
18 CFR 375.308(v)(6), to dismiss a protest to a prior notice project 
that does not raise a substantive issue and fails to provide a specific 
detailed reason or rationale; 18 CFR 375.308(v)(8), for approving 
applications for an initial blanket certificate or blanket 
authorization; 18 CFR 375.308(w)(5), for approving requests for waiver 
of landowner notification or local municipality notification 
requirements consistent with the proposed regulations; and 18 CFR 
375.308(x)(5), for rejecting requests under the blanket programs that 
patently fail to comply with the proposed regulations.

D. Environmental and Engineering Conditions

1. Statutory and Regulatory Compliance
    105. The NOI sought comment on how blanket activities would comply 
with enumerated Federal statutes.\175\ CLNG comments that compliance 
with applicable Federal laws, regulations, and permits can be assured 
by the conditions in the underlying authorization and recommends that 
the blanket authorization framework require as a condition compliance 
with Federal permits, including any new permit requirements updated or 
revised since issuance of the blanket authorization.\176\ Cheniere 
comments that the Commission can rely on established frameworks to 
ensure compliance with applicable laws.\177\
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    \175\ NOI, 193 FERC ] 61,141 at P 13, Question D2. The NOI 
listed the following statues: Rivers and Harbors Act; CWA; Migratory 
Bird Treaty Act; Fish and Wildlife Coordination Act; Bald and Golden 
Eagle Protection Act; Marine Protection, Research, and Sanctuaries 
Act; Marine Mammal Protection Act; ESA; Magnuson-Stevens Fishery 
Conservation and Management Act, NHPA; Farmland Protection Policy 
Act; CZMA; Clean Air Act; Pipeline Safety Act; Ports and Waterways 
Safety Act; and Marine Transportation Security Act.
    \176\ CLNG January 26, 2026 Comments at 35, 44.
    \177\ Cheniere January 26, 2026 Comments at 6-7.
---------------------------------------------------------------------------

    106. Similar to the pipeline blanket program,\178\ we propose in 
Sec.  153.106(b)(2) that LNG blanket activities that involve ground 
disturbance or increases in operational air emissions, operational 
noise emissions, or public safety risks must be consistent with all 
applicable law including: (1) the CWA and the National Pollution 
Discharge Elimination System Program; (2) the Clean Air Act and air 
quality regulations and state implementation plans; (3) NHPA; (4) the 
Archeological and Historic Preservation Act; (5) CZMA; (6) ESA; (7) 
E.O. 11988 (requiring Federal agencies to evaluate the potential 
effects of any actions they may take on a floodplain); (8) E.O. 11990 
(requiring an evaluation of the potential effects of construction on 
wetlands); (9) the Wild and Scenic Rivers Act; (10) the National 
Wilderness Act; (11) the National Parks and Recreation Act; (12) the 
Magnuson-Stevens Fishery Conservation and Management Act; (13) the 
Rivers and Harbors Act; (14) the Migratory Bird Treaty Act; (15) the 
Fish and Wildlife Coordination Act; (16) the Bald and Golden Eagle 
Protection Act; (17) the Marine Protection, Research, and Sanctuaries 
Act; (18) the Marine Mammal Protection Act; (19) the Farmland 
Protection Policy Act; (20) the

[[Page 66506]]

Pipeline Safety Act; \179\ (21) the Ports and Waterways Safety Act; 
(22) the Marine Transportation Security Act and (23) Coast Guard 
Authorization Act of 2010.\180\
---------------------------------------------------------------------------

    \178\ See 18 CFR 157.206(b)(2) (requiring activities that 
involve ground disturbance or changes to operational air and noise 
emissions to be consistent with all applicable law including: (1) 
the CWA and the National Pollution Discharge Elimination System 
Program; (2) the Clean Air Act and air quality regulations and state 
implementation plans; (3) NHPA; (4) the Archeological and Historic 
Preservation Act; (5) CZMA; (6) ESA; (7) Executive Order (E.O.) 
11988 (requiring Federal agencies to evaluate the potential effects 
of any actions they may take on a floodplain); (8) E.O. 11990 
(requiring an evaluation of the potential effects of construction on 
wetland); (9) the Wild and Scenic Rivers Act; (10) the National 
Wilderness Act; (11) the National Parks and Recreation Act; and (12) 
the Magnuson-Stevens Fishery Conservation and Management Act).
    \179\ The Pipeline Safety Act is the entire collection of laws 
amending and consolidating the Natural Gas Pipeline Safety Act of 
1968 and the Hazardous Liquid Pipeline Safety Act of 1979.
    \180\ We note that the list of statutes is more comprehensive 
than that listed in the section 7 blanket certificate program. 
However, regardless of the statutes listed, blanket certificate and 
authorization holders must comply with ``all applicable laws.''
---------------------------------------------------------------------------

    107. We also propose in Sec.  153.106(b)(3)(iv) to adopt the 
requirement of the pipeline blanket program that to be deemed in 
compliance with the CWA and E.O. 11988, blanket authorization holders 
must adhere to the FERC Plan and Procedures \181\ or obtain written 
approval from staff or the appropriate Federal or state agency for the 
use of project-specific alternatives.\182\
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    \181\ The FERC Plan and Procedures area a set of baseline 
construction and mitigation measures developed to minimize the 
potential environmental effects of construction on upland areas, 
wetlands, and waterbodies. They can be viewed on the Commission's 
website at: <a href="http://www.ferc.gov/industries/gas/enviro/plan.pdf">http://www.ferc.gov/industries/gas/enviro/plan.pdf</a> and 
<a href="https://www.ferc.gov/sites/default/files/2020-04/wetland-waterbody-construction-mitigation-procedures.pdf">https://www.ferc.gov/sites/default/files/2020-04/wetland-waterbody-construction-mitigation-procedures.pdf</a>.
    \182\ See 18 CFR 157.206(b)(3)(iv).
---------------------------------------------------------------------------

    108. Additionally, we propose adopting the requirements of the 
pipeline blanket program for compliance with the NHPA, ESA, as proposed 
to be amended, and CZMA. For NHPA compliance,\183\ we propose in Sec.  
153.106(b)(3)(i) that the State or Tribal Historic Preservation 
Officer, as appropriate, must find that the project would have no 
effect on historic properties, consistent with the pipeline blanket 
program.\184\ For compliance with the ESA,\185\ we propose in Sec.  
153.106(b)(3)(ii) that blanket authorization holders must conduct 
informal consultation and receive a determination from the appropriate 
Federal agency that the activity is not likely to adversely affect a 
listed species or critical habitat or that no further consultation is 
necessary prior to proceeding under a blanket authorization, consistent 
with the pipeline blanket program.\186\ The Commission, in its May 21, 
2026 notice of proposed rulemaking, proposed to revise the pipeline 
blanket regulations to clarify that for activities for which the 
certificate holder finds, using appropriate Federal databases such as 
the FWS's Information for Planning and Consultation website, that an 
activity has no effect to listed species or critical habitat, the 
certificate holder need only provide documentation of that 
finding.\187\ We propose to adopt this clarification for the LNG 
blanket program.
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    \183\ The NHPA requires Federal agencies to take into account 
the effect of any proposed undertaking on properties listed or 
eligible for listing in the National Register of Historic Places 
(defined as historic properties) and afford the Advisory Council on 
Historic Preservation a reasonable opportunity to comment on the 
undertaking by consulting with the State or Tribal Historic 
Preservation Officer to determine whether and how a proposed action 
may affect historic properties and to seek ways to avoid any adverse 
effects. 54 U.S.C. 306108.
    \184\ See 18 CFR 157.206(b)(3)(ii); id. part 157, subpart F, 
app. II.
    \185\ The ESA requires Federal agencies to ensure that their 
actions are not likely to jeopardize the continued existence of 
Federally listed threatened or endangered species or result in the 
destruction or adverse modification of the critical habitat of such 
species by consulting with the U.S. Fish and Wildlife Service (FWS) 
or National Marine Fisheries Service if a proposed action may affect 
a listed species or critical habitat. 16 U.S.C. 1536(a).
    \186\ See 18 CFR 157.206(b)(3)(i); id. part 157, subpart F, app. 
I.
    \187\ Revisions to the Blanket Certificate Program, 195 FERC ] 
61,128 at P 89.
---------------------------------------------------------------------------

    109. For compliance with the CZMA,\188\ we propose in Sec.  
153.106(b)(3)(iii) that, prior to construction for automatic 
authorization projects and prior to filing a request for prior notice 
projects, blanket authorization holders must obtain from the 
appropriate state agency a determination that the new automatic or 
prior notice project complies with the state's coastal zone management 
plan or waive its right of review, consistent with the pipeline blanket 
program.\189\ Coastal States Organization (CSO) \190\ comments that 
``[c]hanges to the footprint of a project, new facilities or operations 
outside of an existing project, and modifications to operations within 
a project can create reasonably foreseeable impacts on coastal uses and 
resources subject to CZMA Federal consistency review.'' \191\ It calls 
on the Commission to complete a national Federal consistency review and 
to require that blanket authorization holders secure state review of 
consistency with the CZMA prior to approving any blanket activities 
with reasonably foreseeable coastal effects not covered by a national 
analysis.\192\ Although we do not propose to complete a national 
Federal consistency review, our proposal to adopt the requirements of 
the pipeline blanket program for compliance with the CZMA would provide 
for activity-specific review, as CSO requests.
---------------------------------------------------------------------------

    \188\ The CZMA provides that ``[n]o license or permit shall be 
granted by [a] Federal agency until the state or its designated 
agency has concurred with the applicant's certification'' that ``the 
proposed activity complies with the enforceable policies of the 
state's approved [coastal management] program and that such activity 
will be conducted in a manner consistent with the program.'' 16 
U.S.C. 1456(c)(3)(A). The state's concurrence is conclusively 
presumed by its failure to act within 6 months of its receipt of the 
applicant's certification. Id.
    \189\ See 18 CFR 157.206(b)(3)(iii).
    \190\ CSO represents the nation's coastal states, commonwealths, 
and territories on policy issues relating to coastal, Great Lakes, 
and ocean management.
    \191\ CSO January 27, 2026 Comments at 2.
    \192\ Id. at 1-2. The National Oceanic and Atmospheric 
Administration's regulations allow Federal agencies to provide 
states with consistency determinations for Federal agency activities 
that are national or regional in scope and that affect any coastal 
use or resource of more than one state. 15 CFR 930.36(e)(1).
---------------------------------------------------------------------------

    110. CSO also asserts that any stakeholder notification, public 
comment, or protest procedures are not on their own adequate to satisfy 
the CZMA and recommends requiring all data necessary for, and aligning 
the review timeline with, a Federal or state CZMA consistency review, 
which CSO states is typically six months.\193\ Instead, we propose that 
blanket authorization holders independently complete CZMA review prior 
to constructing automatic authorization projects or prior to filing 
prior notice requests, such that aligning filing requirements and 
review timelines is not necessary.
---------------------------------------------------------------------------

    \193\ Id. at 2-3.
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    111. Finally, CSO recommends that the Commission restrict any LNG 
blanket program ``to locales where existing LNG facilities and 
associated data, analyses, and expertise are concentrated.'' \194\ LNG 
blanket authorizations would be limited to operators of existing 
facilities or those which will receive a case-specific authorization or 
certificate, consistent with CSO's recommendation.
---------------------------------------------------------------------------

    \194\ Id. at 3.
---------------------------------------------------------------------------

    112. The NOI also sought comment on how blanket authorization 
holders should demonstrate compliance with applicable Federal 
permitting requirements.\195\ CLNG proposes that blanket authorization 
holders document all consultations and authorizations either in semi-
annual operational reports for automatic activities or in prior notice 
filings.\196\ Cheniere recommends that blanket authorization holders 
certify their adherence to Federal statutes and regulations, including 
the Clean Air Act (Title V and New Source Review).\197\ CH-IV suggests 
that blanket authorization holders document consultations and 
authorizations in requests for notice to proceed prior to the start of

[[Page 66507]]

construction, introduction of hazardous fluids, or other 
milestones.\198\ BLUE recommends requiring implementation plans for 
authorized prior notice activities to document, among other things, 
consultations and authorizations.\199\
---------------------------------------------------------------------------

    \195\ NOI, 193 FERC ] 61,141 at P 13, Question C1(1).
    \196\ See CLNG January 26, 2026 Comments at 21-22.
    \197\ Cheniere January 26, 2026 Comments at 6-7.
    \198\ CH-IV January 16, 2026 Comments at 7.
    \199\ BLUE January 23, 2026 Comments at 7.
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    113. For automatic authorization activities, we propose in Sec.  
153.107(a)(6) that blanket authorization holders document their 
compliance with the ESA, NHPA, and CZMA, as proposed above, in semi-
annual operational reports and in Sec. Sec.  153.107(a)(7)-(9) that 
blanket authorization holders provide a list of other federal permits 
required for the project. For prior notice filings, consistent with the 
pipeline blanket program, we propose in Sec.  153.108(e)(4) that the 
request include documentation of compliance with the ESA, NHPA, and 
CZMA, as proposed above and in Sec. Sec.  153.108(e)(7)-(9) that the 
request provide a list of other federal permits that will be required 
for the proposed project. Staff will reject prior notice requests that 
do not meet these criteria or consultation requirements.
2. NEPA Compliance and Categorical Exclusions
    114. NEPA requires preparation of an Environmental Impact Statement 
(EIS) for a proposed major Federal action with a reasonably foreseeable 
significant effect on the quality of the human environment.\200\ For a 
proposed action that does not have a reasonably foreseeable significant 
effect on the quality of the human environment or if the significance 
of such effect is unknown, the agency shall prepare a more concise 
Environmental Assessment (EA) unless it finds that the proposed action 
is covered by a categorical exclusion or is exempt from NEPA review 
under another law.\201\ A categorical exclusion describes a category of 
actions that an agency has determined normally do not result in a 
significant effect on the human environment and for which, therefore, 
the preparation of an EIS or EA is not normally required.\202\
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    \200\ 42 U.S.C. 4336(b)(1).
    \201\ Id. 4336(a)(2), (b)(2).
    \202\ Id. 4336e(1) (defining ``categorical exclusion''); id. 
4336(a)(2), (b)(2) (explaining that an agency is not required to 
prepare an environmental document for proposed agency actions that 
are excluded pursuant to a categorical exclusion).
---------------------------------------------------------------------------

    115. To comply with NEPA for the creation of the LNG blanket 
program, we direct Commission staff to prepare a NEPA document to 
assess the environmental effects of projects that may be constructed 
pursuant to the automatic authorization as well as the impacts of this 
rulemaking proceeding.\203\ We propose that activities conducted 
pursuant to prior notice procedures will undergo project-specific NEPA 
analyses in the form of either (1) a determination that a categorical 
exclusion is applicable or (2) an EA, as occurs under the pipeline 
blanket program.
---------------------------------------------------------------------------

    \203\ See infra section V.B.
---------------------------------------------------------------------------

    116. The NOI sought comment on whether the Commission should 
establish new categorical exclusions for LNG blanket activities or 
adopt existing categorical exclusions from other Federal agencies.\204\ 
CLNG, CH-IV, and Cheniere support creating new categorical exclusions 
for actions taken under a blanket authorization program.\205\ Cheniere 
supports a categorical exclusion for in-footprint modifications, 
similar to PHMSA and DOE regulations.\206\ States oppose the creation 
of new categorical exclusions for LNG blanket activities.\207\ They 
state that unlike the categorical exclusion for pipeline blanket 
activities determined by the Commission to normally have no significant 
effect on the human environment, the Commission has not similarly 
evaluated any category of LNG activities.\208\ According to States, 
activities outside of an LNG plant's footprint would likely involve 
significant impacts not analyzed in the underlying authorization that 
would require preparation of an EIS or EA and may not be categorically 
excluded.\209\ The Delaware Riverkeeper Network \210\ also opposes any 
expansion of categorical exclusions for LNG facilities, stating that 
``[c]limate impacts are cumulative by nature and cannot be meaningfully 
addressed through generic assumptions or categorical exclusions.'' 
\211\
---------------------------------------------------------------------------

    \204\ NOI, 193 FERC ] 61,141 at P 13, Question C3.
    \205\ CLNG January 26, 2026 Comments at 43; CH-IV January 16, 
2026 Comments at 8; Cheniere January 26, 2026 Comments at 7.
    \206\ Cheniere January 26, 2026 Comments at 7.
    \207\ States January 26, 2026 Comments at 15.
    \208\ Id.
    \209\ Id. at 16 & n.56.
    \210\ The Delaware Riverkeeper Network is a nonprofit 501(c)(3) 
membership organization that works throughout the entire Delaware 
River Watershed on the issues, actions, regulations, legislation, 
policies, programs and decisions that impact the health of the 
Delaware River Watershed waterways.
    \211\ Delaware Riverkeeper Network January 26, 2026 Comments at 
1, 3 (citing Balt. Gas & Elec. Co. v. NRDC, 462 U.S. 87, 97 (1983)).
---------------------------------------------------------------------------

    117. We do not propose to establish any categorical exclusions in 
this rulemaking. Should the Commission determine that certain 
activities normally do not result in a significant effect on the human 
environment and for which, therefore, the preparation of a NEPA 
document is not required, we will initiate a new proceeding to 
establish categorical exclusions.
3. Standard Conditions
    118. The NOI sought comment on what Federal requirements could be 
relied upon, and what conditions the Commission should adopt, to 
minimize the impacts of LNG blanket projects.\212\ Commenters cite 
various Federal laws (e.g., the Clean Air Act, CWA, Rivers and Harbors 
Act, and ESA) as well as PHMSA, USCG, and other Federal regulations and 
the conditions of the underlying authorization order, which could be 
relied upon to ensure that a blanket authorization project would not 
have significant impacts.\213\ Due to the individualized and tailored 
nature of the conditions included in NGA section 3 authorizations, CLNG 
recommends that the Commission require LNG blanket authorization 
holders to abide by the terms and conditions of underlying 
authorizations.\214\ It also asserts that the Commission's existing 
inspection process provides the necessary oversight to ensure that 
blanket authorizations do not compromise safety or environmental 
protection.\215\ BLUE supports the Commission requiring compliance with 
certain standard conditions as part of the LNG blanket program and 
specifically identifies various conditions regarding design details, 
delegated authority to the Director of OEP, and compliance with the 
conditions of the underlying authorization.\216\ Woodside indicates 
that the US Army Corps of Engineers' Nationwide Permitting system could 
serve as a model, favorably citing its tiered approach and interagency 
collaboration.\217\
---------------------------------------------------------------------------

    \212\ NOI, 193 FERC ] 61,141 at P 13, Questions D1, D3.
    \213\ CLNG January 26, 2026 Comments at 44; Cheniere January 26, 
2026 Comments at 6.
    \214\ CLNG January 26, 2026 Comments at 47.
    \215\ Id. at 44.
    \216\ BLUE January 23, 2026 Comments at 8.
    \217\ Woodside Energy January 26, 2026 Comments at 3.
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    119. Similar to the pipeline blanket program,\218\ we propose in 
Sec.  153.106(b) to adopt a standard set of conditions with which 
blanket authorization holders would be required to comply when carrying 
out both automatic and prior notice activities as part of the LNG 
blanket program. This will provide for regulatory certainty and ease of 
implementation. The conditions are based on the Commission's extensive 
experience with the types of activities

[[Page 66508]]

that we propose to be eligible for blanket authorization. The proposed 
standard environmental conditions require, among other things: (1) 
compliance with all applicable laws, including enumerated Federal 
environmental statutes; \219\ (2) that blanket activities not have a 
significant adverse effect on a sensitive environmental area, as 
defined at Sec.  157.202(b)(11) of the pipeline blanket regulations; 
and (3) that blanket activities comply with certain noise criteria. The 
conditions also subject LNG blanket activities to: (1) standard 
engineering requirements as well as regular technical reviews and site 
inspections by Commission staff; (2) semi-annual reporting; and (3) 
reporting of significant non-scheduled events.
---------------------------------------------------------------------------

    \218\ See 18 CFR 157.206.
    \219\ See supra P 106.
---------------------------------------------------------------------------

    120. Regarding engineering design conditions, we propose in Sec.  
153.106(c) to require blanket authorization holders to provide standard 
engineering information. For prior notice projects, this engineering 
information would be filed prior to construction of final design and 
require that, prior to introduction of hazardous fluids or 
implementation of an uprate, the company shall have all safety and 
security systems installed and functional, and request and receive 
written approval from the Director of OEP, or the Director's designee. 
This would allow staff to further ensure that facilities are safe and 
secure prior to activities that may result in safety impacts.

E. Statutory and Regulatory Compliance Conditions

1. Pre-Filing Waiver
    121. In NGA section 3A(a), Congress directed the Commission to 
promulgate regulations requiring a pre-filing process of at least six 
months prior to the filing of an application for authorization to 
construct an NGA section 3 LNG terminal and encouraging applicants to 
cooperate with state and local officials.\220\ Although the statute 
requires a mandatory pre-filing process only for prospective applicants 
for new LNG terminals, the Commission's pre-filing procedures at Sec.  
157.21(a) of our regulations also require operators to use the pre-
filing process for modifications to existing NGA section 3 LNG 
facilities and related jurisdictional natural gas facilities that 
involve unaddressed significant state and local safety 
considerations.\221\ However, pre-filing is not required where the 
Director of OEP determines that prospective modifications do not 
involve significant state and local safety considerations that have not 
been previously addressed.\222\
---------------------------------------------------------------------------

    \220\ 15 U.S.C. 717b-1(a).
    \221\ 18 CFR 157.21(a) (``Examples of such modifications 
include, but are not limited to, the addition of LNG storage tanks; 
increasing throughput requiring additional tanker arrivals or the 
use of larger vessels; or changing the purpose of the facility from 
peaking to base load.'').
    \222\ See id.
---------------------------------------------------------------------------

    122. The NOI sought comment on whether the Commission should waive 
its pre-filing regulations for blanket activities.\223\ CLNG and 
Cheniere support waiving the pre-filing requirements.\224\ CLNG 
proposes addressing any state and local safety considerations through 
updates to the Emergency Response Plans or in prior notice filings but 
does not specify how.\225\ BLUE supports waiving pre-filing if there 
are no significant safety considerations, including activities with 
identical configurations to equipment previously evaluated within the 
existing facility footprint.\226\ Stellar Energy \227\ suggests that 
the Commission modify its regulations to require pre-filing only for 
new LNG terminals or liquefaction trains and not for projects that 
enhance the efficiency of an existing LNG terminal.\228\ CH-IV states 
that the Commission should consider modifying when or how it waives its 
pre-filing requirements but does not elaborate.\229\
---------------------------------------------------------------------------

    \223\ NOI, 193 FERC ] 61,141 at P 13, Question C2.
    \224\ CLNG January 26, 2026 Comments at 42; Cheniere January 26, 
2026 Comments at 7.
    \225\ CLNG January 26, 2026 Comments at 42.
    \226\ BLUE January 23, 2026 Comments at 6.
    \227\ Stellar Energy installs technology to enhance and improve 
the performance of its customers' turbines, in particular Turbine 
Inlet Air Chilling systems.
    \228\ Stellar Energy January 23, 2026 Comments at 4.
    \229\ CH-IV January 16, 2026 Comments at 7.
---------------------------------------------------------------------------

    123. States oppose waiving pre-filing procedures for LNG blanket 
activities, stating that these procedures preserve important statutory 
consultation and notice rights for impacted state and local agencies 
regarding LNG activities that implicate significant public safety 
interests.\230\ They further argue that state and local officials are 
best positioned to determine when a proposed activity involves any 
significant state or local safety consideration not previously 
addressed.\231\
---------------------------------------------------------------------------

    \230\ States January 26, 2026 Comments at 5.
    \231\ Id. at 19.
---------------------------------------------------------------------------

    124. Consistent with our aim of providing a streamlined review 
process for well-understood activities, we propose to waive our pre-
filing regulations for LNG blanket activities. This is appropriate not 
only in light of the blanket program's purposes, but also because the 
scope of activities that we propose to be eligible for blanket 
authorization would not involve significant state and local safety 
considerations that have not been previously addressed. Therefore, 
waiving pre-filing requirements is consistent with our current 
regulatory approach. Regarding States' consultation-related concerns, 
we discuss opportunities for state agency input in greater detail 
below.\232\
---------------------------------------------------------------------------

    \232\ See infra section III.E.5.
---------------------------------------------------------------------------

2. PHMSA Letter of Determination
    125. PHMSA has exclusive authority under the Pipeline Safety Act to 
prescribe and enforce minimum safety standards governing the location, 
design, construction, operation, and maintenance of LNG facilities 
subject to the jurisdiction of the Commission under the NGA.\233\ PHMSA 
requires that new, replaced, relocated, or significantly altered LNG 
facilities comply with its siting regulations at 49 CFR part 193, 
subpart B. In accordance with an MOU with the Commission, PHMSA 
examines whether a proposed LNG facility complies with its safety 
standards and issues a Letter of Determination (LOD) memorializing its 
review.\234\ The issuance of an LOD does not abrogate PHMSA's 
continuing authority and responsibility over the applicant's compliance 
with its safety standards during construction and future operation of 
the facility.
---------------------------------------------------------------------------

    \233\ 49 U.S.C. 60101, et seq.
    \234\ Memorandum of Understanding Between the Department of 
Transportation and the Federal Energy Regulatory Commission 
Regarding Liquefied Natural Gas Transportation Facilities (Aug. 31, 
2018), <a href="https://cms.ferc.gov/media/mou-phmsa-regarding-lng-transportation-facilities-0">https://cms.ferc.gov/media/mou-phmsa-regarding-lng-transportation-facilities-0</a>.
---------------------------------------------------------------------------

    126. The NOI sought comment on how LNG blanket activities would 
comply with PHMSA regulations.\235\ CLNG contends that the PHMSA 
regulations, inspections, procedures, and structural standards provide 
adequate regulatory oversight.\236\ It specifically points to 
regulations that require Emergency Response Plans and 60-day 
notification to PHMSA of rehabilitations, modifications, uprates, 
replacements, or upgrades of facilities.\237\
---------------------------------------------------------------------------

    \235\ NOI, 193 FERC ] 61,141 at P 13, Question C1(2).
    \236\ CLNG January 26, 2026 Comments at 36.
    \237\ Id. at 36-37.
---------------------------------------------------------------------------

    127. Given the scope of activities that we propose to be eligible 
for automatic authorization, an LOD would not be required for automatic 
authorization activities.\238\ For prior notice activities,

[[Page 66509]]

we propose in Sec.  153.108(e)(10) to require that blanket 
authorization holders obtain from PHMSA and include as part of their 
request an LOD stating that the blanket activities comply with the 
federal siting requirements or a letter stating that an LOD is not 
required. Requests that do not meet these criteria would be rejected by 
staff.
---------------------------------------------------------------------------

    \238\ Specifically, proposed Sec.  153.108(c)(3)(iii) requires 
automatic activities not result in significant modification to LNG 
facilities beyond what was previously evaluated by PHMSA and 
considered by the Commission.
---------------------------------------------------------------------------

    128. We acknowledge that PHMSA has solicited feedback on potential 
amendments to the pipeline safety regulations governing LNG plants 
\239\ and we will work with PHMSA to ensure the effectiveness of both 
of our efforts.
---------------------------------------------------------------------------

    \239\ 90 FR 18949 (May 5, 2025).
---------------------------------------------------------------------------

3. USCG Letter of Recommendation
    129. Pursuant to the Ports and Waterways Safety Act of 1972 and 
USCG regulations, operators of NGA section 3 or 7 facilities that 
receive or send out LNG by waterborne vessel must, prior to 
construction that would result in an increase in the size or frequency 
of LNG marine traffic on the associated waterway, submit a Letter of 
Intent (LOI) to USCG describing, as pertinent, the characteristics of 
the vessels intended to visit the facility and the frequency of the 
visits.\240\ The applicant must also prepare a Waterway Suitability 
Assessment (WSA) \241\ for review and approval by the USCG. The WSA 
identifies security threats and safety hazards to LNG marine 
transportation and identifies appropriate risk management 
measures.\242\ The USCG reviews the information provided by the 
applicant and makes a determination, called a Letter of Recommendation 
(LOR), on the suitability of the waterway for LNG vessels.\243\ Section 
813 of the Coast Guard Authorization Act of 2010 also directs USCG to 
make a recommendation to the Commission as to the suitability of marine 
traffic associated with a proposed waterside LNG facility,\244\ and the 
LOR meets that requirement.
---------------------------------------------------------------------------

    \240\ 33 U.S.C. 1221, et seq.; 33 CFR 127.007(a), (c).
    \241\ 33 CFR 127.007(e).
    \242\ Id. 127.007(f).
    \243\ 33 CFR 127.009. Factors considered by the USCG under its 
regulations include: density and characteristics of marine traffic 
in the waterway; locks, bridges and other man-made obstructions in 
the waterway; and water depth and tides. Id. 127.009(a).
    \244\ Public Law 111-281, 813, 124 Stat. 2905, 2999 (2010).
---------------------------------------------------------------------------

    130. The NOI sought comment on how LNG blanket activities would 
comply with USCG regulations.\245\ CLNG proposes that blanket 
authorizations include as a condition a requirement for an updated LOI 
or WSA, where required.\246\ CLNG points to regulations involving one-
year notification for increases in the size or frequency of LNG marine 
traffic, pre-operation annual reviews of WSAs, and the development of 
emergency manuals as examples of adequate regulatory oversight provided 
by the USCG.\247\
---------------------------------------------------------------------------

    \245\ NOI, 193 FERC ] 61,141 at P 13, Question C1(3).
    \246\ CLNG January 26, 2026 Comments at 37-38.
    \247\ Id. at 37-38 (citing 33 CFR 127.007(a)(1), (e), 127.019, 
127.307).
---------------------------------------------------------------------------

    131. Given the scope of activities that we propose to be eligible 
for automatic authorization, a new or updated LOR would not be required 
for automatic authorization activities.\248\ Blanket authorization 
holders would still be required to report modifications to USCG 
pursuant to applicable laws and regulations.\249\ For prior notice 
activities, we propose in Sec.  153.108(e)(11) to require that blanket 
authorization holders obtain from USCG and include as part of their 
request a new or updated LOR or a determination that a new or updated 
LOI, WSA, or LOR is not required. Staff will reject requests that do 
not meet these criteria.
---------------------------------------------------------------------------

    \248\ Specifically, proposed Sec.  153.108(c)(3)(ii) requires 
automatic activities not result in an increase in frequency or size 
of LNG marine vessels at the LNG terminal beyond that previously 
evaluated in a USCG Letter of Recommendation and considered by the 
Commission.
    \249\ See 33 CFR pt. 105; 33 CFR pt. 127.
---------------------------------------------------------------------------

4. DoW Concurrence
    132. NGA section 3(f)(3) directs the Commission to obtain the 
concurrence of the Secretary of War before authorizing the siting, 
construction, expansion, or operation of LNG terminals affecting the 
training or activities of an active military installation.\250\ This 
requirement applies only to LNG plants authorized under NGA section 3. 
As directed by NGA section 3(f)(2), the Commission on November 21, 
2007, entered into an MOU with the Secretary of War to ensure 
coordination and consultation on the siting, construction, expansion, 
and operation of LNG terminals.\251\
---------------------------------------------------------------------------

    \250\ 15 U.S.C. 717b(f)(3).
    \251\ Memorandum of Understanding Between the Federal Energy 
Regulatory Commission and the Department of Defense to Ensure 
Consultation and Coordination on the Effect of Liquefied Natural Gas 
Terminals on Active Military Installations (Nov. 21, 2007, updated 
Aug. 29, 2014), <a href="https://www.ferc.gov/media/2007-mou-dod">https://www.ferc.gov/media/2007-mou-dod</a>.
---------------------------------------------------------------------------

    133. The NOI sought comment on how NGA section 3 blanket activities 
would comply with NGA section 3(f)(3).\252\ CLNG contends that 
activities it proposes as eligible for automatic authorization and 30-
day prior notice would not rise to the level of requiring new 
concurrence from the DoW.\253\ It recommends that the Commission 
consult with DoW to revise their MOU to include ``blanket concurrence'' 
for activities undertaken under automatic authorization or prior notice 
that do rise to the level of requiring a new concurrence.\254\ CLNG 
also recommends that the Commission use DoW's existing informal 
Clearinghouse process for prior notice activities, assuming concurrence 
can be received within the 60-day notice period.\255\ BLUE recommends 
that prior notice requests document DoW concurrence.\256\
---------------------------------------------------------------------------

    \252\ NOI, 193 FERC ] 61,141 at P 13, Question C1(4).
    \253\ CLNG January 26, 2026 Comments at 38-39.
    \254\ Id. at 39.
    \255\ Id. The DoW established the Military Aviation and 
Installation Assurance Siting Clearinghouse to provide a timely, 
transparent, and repeatable process to coordinate and oversee the 
military mission compatibility evaluation process for all energy 
projects or energy-related projects in the United States. Private 
parties, state and local officials, and the Commission may request 
informal reviews to provide preliminary compatibility determinations 
prior to formal project reviews.
    \256\ BLUE January 23, 2026 Comments at 6-7.
---------------------------------------------------------------------------

    134. In order to ensure that the blanket authorization program 
complies with both the letter and the purposes of section 3(f) of the 
NGA, we propose in Sec. Sec.  153.107(a)(10) and 153.108(e)(13) to 
require that blanket authorization holders, for both automatic 
authorization (prior to construction) and prior notice activities, 
obtain DoW concurrence using DoW's informal Clearinghouse process. 
However, the Commission will continue to explore whether changes to the 
MOU with DoW could result in certain activities, particularly those 
subject to automatic authorization, being undertaken without project-
specific concurrence. Blanket authorization holders would document 
their compliance in semi-annual operational reports for automatic 
authorization activities or in prior notice filings. Prior notice 
requests that do not meet these criteria would be rejected by staff.
5. State and Local Safety Considerations
    135. NGA section 3A(b) requires the Commission to consult with 
states regarding state and local safety considerations prior to issuing 
an authorization under NGA section 3.\257\ Under NGA section 3A(c), 
states may (but need not) furnish an advisory report on state and local 
safety considerations no later than 30 days

[[Page 66510]]

after an application under section 3 is filed, to which the Commission 
must specifically respond.\258\ Additionally, NGA section 3A(d) allows 
states in which an operational LNG terminal is located to conduct 
safety inspections and notify the Commission of any alleged safety 
violations on which the Commission or the appropriate Federal agency 
shall take appropriate action.\259\ These requirements apply only to 
LNG plants authorized under NGA section 3.
---------------------------------------------------------------------------

    \257\ 15 U.S.C. 717b-1(b). State and local safety considerations 
include ``(1) the kind and use of the facility; (2) the existing and 
projected population and demographic characteristics of the 
location; (3) the existing and proposed land use near the location; 
(4) the natural and physical aspects of the location; (5) the 
emergency response capabilities near the facility location; and (6) 
the need to encourage remote siting.'' Id.
    \258\ 15 U.S.C. 717b-1(c).
    \259\ Id. 717b-1(d).
---------------------------------------------------------------------------

    136. The NOI sought comment on how NGA section 3 blanket activities 
would comply with NGA sections 3A(b)-(d).\260\ CLNG states that 
existing LNG facility safety standards and air emissions standards 
under state-administered Clean Air Act programs provide the necessary 
state oversight to address state and local safety considerations.\261\ 
CH-IV recommends that blanket authorization holders document that state 
and local safety considerations have been addressed in requests for 
notice to proceed prior to the start of construction, introduction of 
hazardous fluids, or other milestones.\262\ States raise concerns 
regarding the compatibility of a blanket authorization program and 
statutorily required state consultation.\263\ They state that the 
notice and information provided by blanket authorization holders under 
the current process promote participation by state and local agencies 
to ensure sufficient conditions are adopted to address the unique 
safety, security, or environmental impacts associated with the 
action.\264\ States assert that a blanket program would undermine 
public safety and potentially run afoul of consultation requirements, 
particularly automatic authorization activities, which may not be 
disclosed to the public until after they are completed.\265\
---------------------------------------------------------------------------

    \260\ NOI, 193 FERC ] 61,141 at P 13, Question C1(5).
    \261\ CLNG January 26, 2026 Comments at 40.
    \262\ CH-IV January 16, 2026 Comments at 7.
    \263\ States January 26, 2026 Comments at 19-20.
    \264\ Id.
    \265\ Id. at 20.
---------------------------------------------------------------------------

    137. Given the scope of activities that we propose to be eligible 
for automatic authorization, we do not think those activities would 
involve any additional state and local safety considerations not 
addressed in the underlying authorization. Still, in the proceeding in 
which the blanket authorization holder receives its blanket 
authorization, the state designated agency may file comments or an 
advisory report regarding whether activities eligible for automatic 
authorization would pose significant safety impacts for that terminal. 
The Commission would address the state's concerns in that proceeding.
    138. For prior notice activities, we propose in Sec.  
153.108(e)(14) to require that blanket authorization holders include as 
part of their prior notice filing a letter from the state designated 
agency indicating that the activity does not raise any state or local 
safety concerns. Alternatively, if such a letter cannot be obtained at 
the time of filing the prior notice request, the blanket authorization 
holders shall provide evidence that the state designated agency was 
notified of the request and that it has 30 days to furnish an advisory 
report on state and local safety considerations or may protest. The 
proposed 60- or 90-day notice period would provide states with 
sufficient time to file an advisory report within the 30-day period 
specified in NGA section 3A(c). If a state advisory report is filed, 
staff would protest the prior notice request to allow the Commission 
sufficient time to specifically respond.
6. Emergency Response Plans
    139. NGA section 3A(e) requires that operators develop an Emergency 
Response Plan, including a cost-sharing plan, in consultation with the 
USCG and state and local agencies for approval by the Commission prior 
to construction of an LNG terminal.\266\ This requirement only applies 
to LNG plants authorized under NGA section 3.
---------------------------------------------------------------------------

    \266\ 15 U.S.C. 717b-1(e).
---------------------------------------------------------------------------

    140. The NOI sought comment on how NGA section 3 blanket activities 
would comply with NGA section 3A(e).\267\ CLNG proposes that the 
Emergency Response Plan submitted with the underlying authorization 
would suffice for all future actions taken through any blanket 
authorization.\268\ BLUE comments that activities undertaken pursuant 
to a blanket authorization program would require minimal updates to 
Emergency Response Plans and, for automatic activities, only updates to 
the drawings typically contained in appendices.\269\ States comment 
that blanket activities may require a change in the emergency response 
and cost-sharing plans.\270\
---------------------------------------------------------------------------

    \267\ NOI, 193 FERC ] 61,141 at P 13, Question C1(6).
    \268\ CLNG January 26, 2026 Comments at 41. CLNG also points to 
the PHMSA requirement to file and gain approval of an emergency 
evacuation plan and the USCG requirement to file an emergency manual 
and receive notice that it has been examined as further emergency 
preparedness measures. Id. at 41-42.
    \269\ BLUE January 23, 2026 Comments at 5.
    \270\ States January 26, 2026 Comments at 19.
---------------------------------------------------------------------------

    141. Given the scope of activities that we propose to be eligible 
for automatic authorization, we do not expect those activities would 
warrant or necessitate any material updates to the emergency response 
and cost-sharing plans approved in the underlying authorization 
proceeding. For prior notice activities, we propose in Sec.  
153.108(e)(15) that blanket authorization holders obtain from all 
relevant state and local emergency response organizations and emergency 
responders, and include as part of their request, letters stating that 
such activities are consistent with the Emergency Response Plan, 
including the cost-sharing plan, for the underlying authorization, or 
that any changes were developed in consultation with them for the 
proposed activity. Alternatively, if such letters cannot be supplied, 
blanket authorization holders must supply evidence in their filings 
that the emergency response organizations and emergency responders have 
been notified that they may protest the filing.\271\ If the blanket 
authorization holder believes new or updated plans are needed, the new 
or updated plans would need to be submitted as part of the prior notice 
request in order to be approved by the Commission prior to 
construction.
---------------------------------------------------------------------------

    \271\ In the event that the blanket authorization holder is 
unable to obtain letters because a particular entity does not agree 
with the conclusion that either no changes to the Emergency Response 
Plan are needed or that the entity agreed to all changes to the 
plan, the blanket authorization holder should supply evidence in its 
filing that the emergency response organizations, emergency 
responders, and the USCG have been notified that they may protest 
the filing.
---------------------------------------------------------------------------

    142. States also raised concerns with the impact of a section 3 
blanket authorization program on the availability of data used to 
inform decisions local and state authorities make in the development of 
LNG emergency response and cost-sharing plans.\272\ We reiterate that 
blanket authorization holders would be required to comply with the 
Commission's regulations regarding filings and privileged or CEII 
treatment thereof and that generally, information pertaining to items 
such as offsite emergency response procedures for public notification 
and evacuation, and construction and operating reporting requirements, 
is subject to public disclosure.\273\ We also propose to require that 
if any of the information provided in paragraphs Sec. Sec.  
153.107(a)(1) or (a)(5) through (13) is filed as non-public, the 
blanket authorization holder

[[Page 66511]]

shall file a public summary of all changes made under its blanket 
authorization.
---------------------------------------------------------------------------

    \272\ States January 26, 2026 Comments at 19.
    \273\ See supra P 102; 18 CFR 388.112(b)(1) (requiring that any 
document filed under these regulations must include a public version 
and a justification for privileged or CEII treatment).
---------------------------------------------------------------------------

F. Severability

    143. We propose to include at Sec.  153.101(d) a proviso that if 
any provision of the LNG blanket regulations, or the application of any 
provision thereof to any person or circumstance, is held invalid, the 
remainder of those regulations and the application thereof to other 
persons or circumstances shall not be affected thereby. Notably, the 
regulations proposed herein are not ``in any way intertwined'' and 
``operate entirely independently of one another.'' \274\
---------------------------------------------------------------------------

    \274\ Davis Cnty. Solid Waste Mgmt. v. EPA, 108 F.3d 1454, 1459 
(D.C. Cir. 1997) (internal quotation marks and citation omitted); 
Carlson v. Postal Regul. Comm'n, 938 F.3d 337, 351 (D.C. Cir. 2019); 
Epsilon Elecs., Inc. v. U.S. Dep't of Treasury, 857 F.3d 913, 929 
(D.C. Cir. 2017); Tel. & Data Sys., Inc. v. FCC, 19 F.3d 42, 50 
(D.C. Cir. 1994).
---------------------------------------------------------------------------

IV. Request for Comments

    144. The Commission requests and encourages public comments on this 
NOPR. Comments may include any related matters or alternative proposals 
that commenters may wish to discuss. The Commission will consider 
comments it receives and provide responses in a final rule, with 
changes, if warranted.
    145. Comments are due December 21, 2026. Comments must refer to 
Docket No. RM26-2-001 and must include the commenter's name, the 
organization they represent, if applicable, and their address in their 
comments. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.
    146. The Commission encourages that comments be filed 
electronically via the eFiling link on the Commission's website at 
<a href="http://www.ferc.gov">http://www.ferc.gov</a>. The Commission accepts most standard word 
processing formats. Documents created electronically using word 
processing software must be filed in native applications or print-to-
PDF format and not in a scanned format. Commenters filing 
electronically do not need to make a paper filing.
    147. Commenters that are not able to file comments electronically 
may file an original of their comment by USPS mail or by courier or 
other delivery services. For submission sent via USPS only, filings 
should be mailed to: Federal Energy Regulatory Commission, Office of 
the Secretary, 888 First Street NE, Washington, DC 20426. Submission of 
filings other than by USPS should be delivered to: Federal Energy 
Regulatory Commission, Office of the Secretary, 12225 Wilkins Avenue, 
Rockville, MD 20852.

V. Regulatory Requirements

A. Information Collection Statement

    148. The information collection in this proposed rule is being 
submitted to the Office of Management and Budget (OMB) per its 
regulations,\275\ which require that OMB approve certain reporting, 
record keeping, and public disclosure requirements imposed by an 
agency.
---------------------------------------------------------------------------

    \275\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    149. The Commission estimates that the proposed tiered blanket 
authorization program will enable a subset of projects at LNG 
facilities to be implemented through either automatic or prior notice 
authorization while maintaining appropriate oversight and stakeholder 
engagement. As a result, the proposal would reduce the number of full 
applications and resultant information collection burden.
    150. Natural gas companies and LNG operators file applications with 
the Commission so it can review the necessary information related to 
the construction, maintenance, and operation of facilities to provide 
service or to abandon facilities or service under sections 3 and 7 of 
the NGA and determine if the requested authorization meets statutory 
and regulatory requirements and should be granted. This NOPR proposal 
would provide entities with an opportunity to apply to participate in 
two new lower-burden filing approaches. To participate in the new 
approaches, entities must apply for and be granted a blanket 
authorization:
    <bullet> Application for Blanket Authorization that includes a 
brief application, together with evidence that the applicant has the 
required safety systems, Emergency Response Plans, and appropriate 
environmental, engineering and operating procedures to support blanket 
activities.
    The proposed lower-burden filing approaches are:
    <bullet> Prior Notice Filings would include a description of the 
project, purpose, and justification, together with engineering and 
technical data, and an assessment of any capacity increases or 
footprint changes and any environmental or safety impacts. The prior 
notice filings also include evidence of landowner notification, the 
identification of affected agencies, as well as any environmental 
documentation.
    <bullet> Automatic Authorizations that will not require prior 
filings or applications. These activities must be documented in a semi-
annual operational report, which is already required for these 
projects.
    151. These proposed new approaches would be alternatives to the 
existing full application process, which requires extensive technical, 
environmental, and economic materials.
    The Commission estimates that this proposed rule will affect the 
following existing information collections:
    <bullet> FERC-537: Gas Pipeline Certificate: Construction, 
Acquisition & Abandonment (OMB Control No 1902-0060).
    <bullet> FERC-539: Gas Pipeline Certificates: Import & Export 
Related Applications (OMB Control No 1902-0062).
    <bullet> FERC-577: Natural Gas Facilities: Environmental Review and 
Compliance (OMB Control No 1902-0128).
    152. Title: FERC-537: Gas Pipeline Certificate: Construction, 
Acquisition & Abandonment.
    Action: Revision to an existing information collection.
    OMB Control No: 1902-0060.
    Respondents: Companies proposing natural gas projects under section 
7 of the NGA and jurisdictional natural gas companies.
    Frequency of Responses: Ongoing. Natural gas companies file the 
necessary information with the Commission so that it can review the 
filing of applications for the construction and operation of facilities 
to provide service or to abandon facilities or service under section 7 
of the NGA to determine if the requested authorization should be 
granted.
    Necessity of Information: This information is necessary so that the 
Commission can fulfill its statutory mandate under the NGA to oversee 
natural gas infrastructure and facilities.
    Proposed Change: The Commission estimates that this NOPR would 
reduce the number of Interstate Certificate and Abandonment 
Applications by 1 (from 31 to 30). Note that the Commission published a 
separate NOPR \276\ that proposed to reduce the burden associated with 
these applications by 9 (from 31 to 22). If both of these NOPRs are 
finalized as proposed, the burden reductions would be added together 
(e.g., reducing applications by 10 from 31 to 21).
---------------------------------------------------------------------------

    \276\ Revisions to the Blanket Certificate Program, 195 FERC ] 
61,128.

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[[Page 66512]]

    Public Reporting Burden: The Commission estimates burden \277\ and 
cost as follows:
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    \277\ Burden is defined as the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, 
disclose, or provide information to or for a Federal agency. For 
further explanation of what is included in the information 
collection burden, refer to 5 CFR 1320.3.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Annual number of
                                    Number of      responses per    Total number    Average burden & cost    Total annual burden hours &     Cost per
                                   respondents      respondent      of responses      per response \278\          total annual cost       respondent ($)
                                            (1)               (2)     (1) * (2) =  (4)....................  (3) * (4) = (5).............       (5) / (1)
                                                                              (3)                                                                  \279\
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 CFR 157.6 Interstate                      30              1.39            41.7  500 hrs.; $51,000......  20,850 hrs.; $2,126,700.....         $70,890
 Certificate and Abandonment
 Applications \280\.
                                ------------------------------------------------------------------------------------------------------------------------
    Total (impacted collection   ..............  ................            41.7  .......................  20,850 hrs.; $2,126,700.....  ..............
     activities).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    153. Title: FERC-539: Gas Pipeline Certificates: Import & Export 
Related Applications.
---------------------------------------------------------------------------

    \278\ Commission staff estimates that the industry's hourly cost 
for wages plus benefits is similar to the Commission's $102 FY 2026 
average hourly cost for wages and benefits.
    \279\ Each of the figures in this column are rounded to the 
nearest dollar.
    \280\ This proposed rulemaking would reduce the number of 
applications. There is no proposed impact on the other parts of this 
collection.
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    Action: Revision to an existing information collection.
    OMB Control No: 1902-0062.
    Respondents: Companies proposing and reporting natural gas projects 
under section 3 of the NGA and LNG terminal operators.
    Frequency of Responses: Ongoing. Jurisdictional companies file the 
necessary information with the Commission so that it can review the 
filing of applications for the construction and operation of facilities 
to provide service or to abandon facilities or service under section 3 
of the NGA to determine if the requested authorization should be 
granted.
    Necessity of Information: This information is necessary so that the 
Commission can fulfill its statutory mandate under the NGA to oversee 
natural gas infrastructure and facilities.
    Proposed Change: In order to participate in the blanket 
authorization program, the Commission proposes that natural gas 
companies will need to submit an application that is reviewed by the 
Commission. The Commission anticipates that most or all of the relevant 
companies will apply to participate in this program over the first 
three years, after which there would be very few applications, only 
when a new jurisdictional entity is formed. The Commission estimates 
that adopting the proposals in this NOPR would reduce the number of 
applications seeking authorization under Section 3 of the NGA by 2 
(from 6 to 4) as a result of companies shifting to using the blanket 
authorization program. When allowed by the program rules and 
regulations, participants could submit prior notice fillings instead of 
full applications. The Commission estimates that there would be 3 Prior 
Notice Fillings each year--2 related to LNG terminals and 1 related to 
interstate certificate and abandonment.\281\ Program participants would 
need to include information about any activities completed under the 
blanket authorization program in their semi-annual operational reports. 
These reports are already required as a condition of their NGA 
authorization. The Commission is incorporating this reporting burden 
into the FERC-539 information collection to reflect that this would be 
a regulatory requirement.
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    \281\ Described above in the estimated impacts to the FERC-537 
information collection.
    \282\ Commission staff estimates that the industry's hourly cost 
for wages plus benefits is similar to the Commission's $102 FY 2026 
average hourly cost for wages and benefits.
    \283\ After the initial applications in the first 3 years, the 
Commission anticipates that there will only be a new application 
when a new company enters the market. The Commission estimates this 
as 1 application every 3 years.
    \284\ These semi-annual operational reports are already required 
as part of each company's authorization under section 7 or 3 of the 
NGA. The Commission is incorporating this requirement into the 
regulations and documenting that shift with this information 
collection.
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    Public Reporting Burden: The Commission estimates burden and cost 
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Annual number of
                                    Number of      responses per    Total number    Average burden & cost    Total annual burden hours &     Cost per
                                   respondents      respondent      of responses      per response \282\          total annual cost       respondent ($)
                                            (1)               (2)     (1) x (2) =  (4)....................  (3) x (4) = (5).............     (5) / (1) =
                                                                              (3)                                                                    (6)
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 CFR 153.7 Applications......               4                 2               8  15 hrs.; $1,530........  120 hrs.; $12,240...........          $3,060
18 CFR 153.104 Blanket                       25              0.33               8  4 hrs.; $408...........  32 hrs.; $3,264.............             408
 Authorization Program--
 Application \283\.
18 CFR 153.103(c) Blanket                     3                 1               3  8 hrs.; $816...........  24 hrs.; $2,448.............             816
 Authorization Prior Notice
 Filings.
18 CFR 153.106(c) Semi-Annual                25                 2              50  25 hrs.; $2,550........  1,250 hrs.; $127,500........           5,100
 Operational Reports \284\.
                                ------------------------------------------------------------------------------------------------------------------------
    Total (impacted collection   ..............  ................              69  .......................  1,426 hrs.; $145,452........  ..............
     activities).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    154.Title: FERC-577: Natural Gas Facilities: Environmental Review 
and Compliance.
    Action: Revision to an existing information collection.
    OMB Control No: 1902-0128.
    Respondents: Companies seeking authorization to site, design, 
construct, operate, or modify LNG facilities.
    Frequency of Responses: Ongoing. Companies file the necessary 
information.
    Necessity of Information: This information is necessary so that the 
Commission can fulfill its statutory mandate under the NGA to oversee 
natural gas infrastructure and facilities.

[[Page 66513]]

    Proposed Change: The Commission estimates that this NOPR would 
reduce the number of companies' environmental review and compliance 
submissions by 3 (from 107 to 104) as a result of companies shifting to 
using the blanket certificate program. This would result in a burden 
reduction of 9,289 hours and would also significantly decrease the time 
before a facilities or infrastructure improvement could be implemented 
enabling the company to reap the benefits of the improvement more 
quickly (e.g., additional revenue or decreased costs).
    Public Reporting Burden: The Commission estimates burden and cost 
as follows:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Number of                                                                                                              Cost per
                                             Number of      responses per    Total number    Average burden hours & average cost per    Total annual burden hours & total annual  respondent ($)
                                            respondents      respondent      of responses             response ($) (rounded)                       cost ($) (rounded)                (rounded)
                                                     (1)               (2)     (1) * (2) =  (4)......................................  (3) * (4) = (5)..........................     (5) / (1) =
                                                                                       (3)                                                                                                   (6)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Companies' Environmental Review and                  104                16           1,664  193.52 hours; $19,932.56.................  322,017 hours; $32,845,763...............        $318,921
 Compliance \285\ (18 CFR Parts 2, 153,
 157, and 380).
    Total (impacted collection            ..............  ................           1,664  .........................................  322,017 hours; $32,845,763...............  ..............
     activities).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    The Commission requests comments on:
---------------------------------------------------------------------------

    \285\ This is the number of estimated companies anticipated to 
file environmental related information. This is based on previous 
years' responses combined with trend information.
---------------------------------------------------------------------------

    <bullet> the need for this information,
    <bullet> whether the information will have practical utility,
    <bullet> the accuracy of the provided burden estimates,
    <bullet> ways to enhance the quality, utility, and clarity of the 
information to be collected, and
    <bullet> any suggested methods for minimizing respondents' burden, 
including the use of automated information techniques.
    155. Send written comments concerning the collection of 
information(s) and the associated burden estimate(s) to the Commission 
according to the instructions in this NOPR. You must include the Docket 
Number and the related OMB Control Number.

B. Environmental Analysis

    156. Unless a categorical exclusion or statutory exception applies, 
the Commission is required to prepare an EA or an EIS for any major 
Federal action that may have a significant adverse effect on the human 
environment.\286\ Accordingly, we direct Commission staff to prepare a 
NEPA document to assess the environmental impacts of projects that may 
be constructed pursuant to the automatic authorization. That document 
will also consider the impact of the action we are taking in this 
rulemaking proceeding. For prior notice projects, Commission staff will 
continue to conduct a case-specific analysis, including determining the 
nature of appropriate environmental review, e.g., preparation of an 
environmental document or application of a categorical exclusion.
---------------------------------------------------------------------------

    \286\ Reguls. Implementing the Nat'l Env't Pol'y Act, Order No. 
486, 52 FR 47897 (Dec. 10, 1987), FERC Stats. & Regs. ] 30,783 
(1987) (cross-referenced at 41 FERC ] 61,284).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act

    157. The Regulatory Flexibility Act of 1980 (RFA) \287\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities. 
The Commission is not required to make such an analysis if proposed 
regulations would not have such an effect.
---------------------------------------------------------------------------

    \287\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    158. The Small Business Administration's (SBA) Office of Size 
Standards develops the numerical definition of a small business. LNG 
facilities are designated under ``All Other Support Activities for 
Transportation'' (i.e., NAICS 488999) as small entities if they do not 
exceed the size standard of $25 million.\288\ FERC reviewed the 
companies operating LNG facilities and is not aware of any with a 
revenue below $25 million. Impacts associated with this proposed rule 
are limited to the avoidance of unintended new obligations that would 
be imposed on affected small businesses in the absence of a change and 
therefore are not significant. Accordingly, pursuant to section 605(b) 
of the RFA, the Commission certifies that the regulations proposed 
herein should not have a significant economic impact on a substantial 
number of small entities.
---------------------------------------------------------------------------

    \288\ 13 CFR 121.101; NAICS Association, 488999--All Other 
Support Activities for Transportation, <a href="https://www.naics.com/naics-code-description/?v=2022&code=221210">https://www.naics.com/naics-code-description/?v=2022&code=221210</a>.
---------------------------------------------------------------------------

D. Regulatory Planning and Review

    159. E.O. 12866 (Regulatory Planning and Review), as amended by 
E.O. 14215 (Ensuring Accountability for All Agencies) and affirmed by 
E.O. 13563 (Improving Regulation and Regulatory Review), directs 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). E.O. 13563 emphasizes the importance of quantifying costs 
and benefits, reducing costs, harmonizing rules, and promoting 
flexibility. The Office of Information and Regulatory Affairs (OIRA) 
has determined this regulatory action is a ``significant regulatory 
action,'' under section 3(f) of E.O. 12866, as amended, though not 
economically significant under section 3(f)(1). Accordingly, OIRA has 
reviewed this regulatory action for compliance with the analytical 
requirements of E.O. 12866.
    160. This regulatory action proposes to establish procedures for 
authorizing activities at LNG plants without a case-specific 
authorization order from the Commission, which would have the effect of 
dramatically streamlining the approval of LNG infrastructure projects 
and would be deregulatory in nature. In particular, the proposed rule 
would reduce the number of projects subject to the case-specific 
application process in Part 153 Subpart B by approximately 3 projects 
per year; this streamlining would result in a burden reduction of 3%. 
We note that the proposed rule would not change the total number of 
projects that would be constructed, just the method for obtaining 
regulatory approval. The proposed rule would result in cost savings to 
the agency and LNG plant authorization and certificate holders for the 
projects that would be covered by the proposed rule because it would 
provide a more streamlined administrative process for project proposals 
that would otherwise require case-specific review under NGA

[[Page 66514]]

sections 3 or 7. As reflected in the tables above, we estimate that 
respondents would save 9,988 hours of effort, which the Commission 
estimates as a cost savings of $1,018,776. Moreover, faster approvals 
would result in additional cost savings and benefits to authorization 
and certificate holders and their customers. We seek comment on how to 
quantify those cost savings. Absent this rule, the activities proposed 
as eligible for an LNG blanket program would be subject to a less 
streamlined permitting process, resulting in increased administrative 
costs to the Commission and to authorization and certificate holders. 
This proposed rule, if finalized as proposed, is expected to be a 
deregulatory action under E.O. 14192 (Unleashing Prosperity Through 
Deregulation).

E. Document Availability

    161. In addition to publishing the full text of this document in 
the Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
internet through the Commission's Home Page (<a href="http://www.ferc.gov">http://www.ferc.gov</a>).
    162. From the Commission's Home Page on the internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    163. User assistance is available for eLibrary and the Commission's 
website during normal business hours from FERC Online Support at (202) 
502-6652 (toll free at 1-866- 208-3676) or email at 
<a href="/cdn-cgi/l/email-protection#bed8dbccddd1d0d2d7d0dbcdcbceced1cccafed8dbccdd90d9d1c8"><span class="__cf_email__" data-cfemail="a5c3c0d7c6cacbc9cccbc0d6d0d5d5cad7d1e5c3c0d7c68bc2cad3">[email&#160;protected]</span></a>, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
<a href="/cdn-cgi/l/email-protection#7c0c091e10151f520e191a190e19121f190e1313113c1a190e1f521b130a"><span class="__cf_email__" data-cfemail="80f0f5e2ece9e3aef2e5e6e5f2e5eee3e5f2efefedc0e6e5f2e3aee7eff6">[email&#160;protected]</span></a>.
    164. In accordance with 5 U.S.C. 553(b)(4), a summary of this rule 
may be found at <a href="http://www.ferc.gov/major-orders-regulations">www.ferc.gov/major-orders-regulations</a> under the NOPR 
tab.

List of Subjects

18 CFR Part 2

    Electric utilities; Natural gas; Pipelines; Reporting and 
recordkeeping requirements.

18 CFR Part 153

    Exports; Imports; Natural gas; Reporting and recordkeeping 
requirements.

18 CFR Part 375

    Authority delegations (Government agencies); Seals and insignia; 
Sunshine Act.

    By direction of the Commission. Commissioner Change is concurring 
with a separate statement attached.

(S E A L)

    Issued: October 15, 2026.
Carlos D. Clay,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend 
parts 2, 153, and 375, title 18, Code of Federal Regulations, as 
follows.

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432; 16 
U.S.C. 792-828c, 2601-2645; 42 U.S.C. 4321-4370h, 7101-7352.

0
2. Revise Sec.  2.55 to add paragraph (d) and (e):


Sec.  2.55  Auxiliary system installations and replacement facilities.

* * * * *
    (d) LNG facilities and auxiliary systems at LNG plants. Beginning 
[INSERT DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE 
FEDERAL REGISTER], this section does not authorize a blanket 
authorization holder, as defined by Sec.  153.102(a)(1) of this 
chapter, to construct auxiliary installations or replace LNG facilities 
and auxiliary systems at liquefied natural gas plants.
    (e) Engineering conditions for activities at LNG plants. Beginning 
[INSERT DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE 
FEDERAL REGISTER], the construction of auxiliary installations at LNG 
plants and the replacement of facilities at LNG plants are subject to 
the requirements of Sec.  153.106(c) and Sec.  153.10

[…truncated; see source link]
Indexed from Federal Register on October 20, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.