RM26-2-001 NOPR FRN Published

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

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.
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 http://www.ferc.gov, is
preferred.
• Electronic Filing: Documents must
be filed in acceptable native
applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery.
Æ Mail via US Postal Service Only:
Addressed to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.

Æ 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
Paragraph
Numbers

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I. Background .............................................................................................................................................................................................
A. What is an LNG plant? ..................................................................................................................................................................
B. Existing Statutory and Regulatory Framework for the Commission’s Authorization and Regulation of LNG Plants ...................
C. The Commission’s Existing Regulations for Authorizing Routine Pipeline Activities Under Section 7 Provide an Analogue for
a Program for LNG Plants ..............................................................................................................................................................
II. Notice of Inquiry ....................................................................................................................................................................................
III. Discussion ............................................................................................................................................................................................
A. Applicability to Section 7 LNG Plants ............................................................................................................................................
B. Eligible Facilities ............................................................................................................................................................................
C. Blanket Authorization Procedures .................................................................................................................................................
D. Environmental and Engineering Conditions ..................................................................................................................................
E. Statutory and Regulatory Compliance Conditions .........................................................................................................................
F. Severability .....................................................................................................................................................................................
IV. Request for Comments ........................................................................................................................................................................
V. Regulatory Requirements .....................................................................................................................................................................
A. Information Collection Statement ...................................................................................................................................................
B. Environmental Analysis ..................................................................................................................................................................
C. Regulatory Flexibility Act ...............................................................................................................................................................
D. Regulatory Planning and Review ..................................................................................................................................................
E. Document Availability .....................................................................................................................................................................

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.

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 °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

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2.
2.
8.
11.
20.
21.
24.
28.
70.
105.
121.
143.
144.
148.
148.
156.
157.
159.
161.

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
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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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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(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;
(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
(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;
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), https://
www.ferc.gov/sites/default/files/2020-04/guidancemanual-volume-2.pdf.
4 NGLs include ethane, propane, butane,
isobutane, and pentanes.
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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(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.

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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
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
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).
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).

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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
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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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
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), https://www.ferc.gov/
media/2007-mou-dod.
14 Id. 717b–1(e).
15 Id. 717b–1(c).
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 nonjurisdictional 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).
18 18 CFR part 157, subpart F.

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certificate to undertake, without casespecific 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
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 casespecific deliberation by the Commission is
warranted prior to the issuance of a
certificate.23

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
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.’’).
23 Order No. 234, FERC Stats. & Regs. ¶ 30,368 at
30,200.
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
15. In addition to the section 7
pipeline blanket certificate program,
§ 2.55 of the Commission’s regulations
allows interstate pipeline companies to
perform auxiliary installations and
facility replacements without a casespecific authorization.27 For activities
undertaken pursuant to either the
blanket certificate program or § 2.55,
section 7(c) certificate holders are
required to provide advance notice to
affected landowners.28
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
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.
27 Id. 2.55. LNG facilities authorized under
section 7 of the NGA may use the procedures
outlined in § 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).
29 Order No. 234, FERC Stats. & Regs. ¶ 30,368 at
30,206.
30 Order No. 686, 117 FERC ¶ 61,074 at PP 18–23.

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review of engineering, environmental,
safety, and security issues that the
Commission believes only can be
properly considered on a case-by-case
basis.’’ 31
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
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
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’’).
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),
https://www.ferc.gov/media/2004-interagency-dotand-uscg. 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), https://cms.ferc.gov/media/mou-phmsaregarding-lng-transportation-facilities-0.
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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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.
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
33 US Energy Info. Admin., The United States
Was the World’s Largest Liquefied Natural Gas
Exporter in 2023 (Apr. 1, 2024), https://
www.eia.gov/todayinenergy/detail.php?id=67864;
see also US Energy Info. Admin., Global Liquefied
Natural Gas Trade Volumes Reached Record High
in 2025 (July 14, 2026), https://www.eia.gov/
todayinenergy/detail.php?id=67864; US Dep’t of
Energy, Office of Fossil Energy & Carbon Mgmt.,
Liquefied Natural Gas (LNG) Exports (Dec. 31,
2025), https://www.energy.gov/sites/default/files/
2025-12/
LNG%20Snapshot%20Dec%2031%202025_0.pdf.
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.

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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.
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
38 The Commission also received motions to
intervene from Atmos Energy Corp., Symmetry
Energy Solutions, and the Maryland Office of the
Attorney General.
39 Capacity would be defined at § 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 § 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
§ 153.102(a)(10) as the (i) minimum and maximum
design flows; (ii) minimum and maximum liquid
design levels and volumes; (iii) minimum (vacuum)

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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.
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 nonFree Trade Agreement countries.45
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.
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).

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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
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
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
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
46 NOI, 193 FERC ¶ 61,141 at P 13, Question B6.
47 Id. P 13, Question B7.
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.
51 NOI, 193 FERC ¶ 61,141 at P 13, Questions A3,
B1–B4.
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.

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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 noncompliance risk.’’ 58
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
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.
59 Earthjustice is a nonprofit public interest
environmental law organization.

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Federal Register / Vol. 91, No. 201 / Tuesday, October 20, 2026 / Proposed Rules
program.60 The States assert that this
would infringe upon the state and local
interests protected by the NGA.61
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.
32. Below we detail the proposed
LNG blanket program, which would
establish a tiered approach for blanketeligible 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.

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1. Automatic Authorization
33. The NOI sought comment on what
types of activities the Commission
should find eligible for automatic
authorization procedures.63
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.
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
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
37. CLNG and Cheniere 67 maintain
that many optimizations and in-kind
64 CLNG January 26, 2026 Comments at 11–13.

60 States Comments at 11; Earthjustice January 26,

2026 Comments at 3.
61 States Comments at 11–12.
62 Order No. 234, FERC Stats. & Regs. ¶ 30,368 at
30,200–01.
63 NOI, 193 FERC ¶ 61,141 at P 13, Question B1.

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65 Id. at 14.
66 Id. at 12–13.
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

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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
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
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.
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
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.
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.
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.
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,

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EcoEléctrica, L.P. (EcoEléctrica),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
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.
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.
43. We propose at § 153.108 and
§ 153.109 to include the following
activities under the automatic
authorization category:
Abandonment

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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.
equipment replacements, and improvements to
support infrastructure such as electric and water
distribution. Woodside January 26, 2026 Comments
at 2.
75 EcoEléctrica is the owner and operator of
EcoEléctrica LNG at Guayanilla Bay, Peñuelas,
about nine miles west of Ponce, Puerto Rico.
76 EcoEléctrica Comments at 1.
77 Order No. 234, FERC Stats. & Regs. ¶ 30,368 at
30,200.
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.

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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:
(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.
79 We propose to define individual components in
§ 153.102.
80 Upgraded would be defined in § 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 § 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.

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

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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.
2. Prior Notice
47. The NOI sought comment on what
types of activities the Commission
should find eligible for prior notice
procedures.84
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
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 nonjurisdictional 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
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
84 NOI, 193 FERC ¶ 61,141 at P 13, Question B1.
85 CLNG January 26, 2026 Comments at 10.
86 Id. at 17.
87 Id. at 15–16.

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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 (Ldn) 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
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 Ldn of 55 dBA at the
nearest noise sensitive area and a noise
survey must be filed within 60 days of
88 Id. at 16.
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.

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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
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
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.
54. We propose at § 153.108(d)(1) to
make the following activities eligible
under prior notice procedures with a 60day 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.
90 CLNG January 26, 2026 Comments at 18–19.
91 See id. at 11.
92 Id. at 19.
93 Staff notes that the US Army Corps of
Engineers, not the Commission, has jurisdiction
over dredging.
94 Order No. 234, FERC Stats. & Regs. ¶ 30,368 at
30,200.

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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 § 153.108(d)(2) to
make the following activities eligible
under prior notice procedures with a 90day notice period:
New LNG Facilities and Auxiliary
Systems

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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 previouslydisturbed 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, § 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

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facilities outside of the footprint of the
currently authorized LNG plant.95
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
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.
95 NOI, 193 FERC ¶ 61,141 at P 13, Question B4.
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.

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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 § 153.108(e)(4).
In addition, the proposed regulations
include general, environmental, and
engineering conditions and criteria as
delineated in §§ 153.106 and 153.108 to
limit the impacts. However, we seek
comment on:
—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.
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).

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Such facilities are well understood
because many similar facilities have
been constructed under the
Commission’s section 7 pipeline blanket
program.100
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
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
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
100 See 18 CFR 157.202(b)(2)(i).
101 NOI, 193 FERC ¶ 61,141 at P 13, Question B7.

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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.
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).

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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
67. Eastern Shore comments that the
Commission should not place costbased 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
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
6. Replacements Under § 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 § 2.55 of the Commission’s
regulations.112 Such a replacement must
have a substantially equivalent design
capacity, be located in the same right106 NOI, 193 FERC ¶ 61,141 at P 13, Question B7.
107 Id. at 4.
108 Id.
109 CH–IV January 16, 2026 Comments at 6.
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).
112 18 CFR 2.55(b).

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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 § 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 § 2.55 for those entities that
choose to apply for and receive a
blanket authorization. To ensure that
the activities undertaken pursuant to
§ 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 § 153.106(c) and § 153.107(a)(3) and
(4) for activities undertaken pursuant to
§ 2.55. Recognizing that LNG certificate
holders may have planned projects
under § 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 § 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.
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
113 Id.
114 Id. 2.55(a).
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)).

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retain the ability to revoke such
authorization.127
74. We propose in § 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 noncompliance.130

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
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.
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
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

75. The NOI sought comment on what
stakeholder notification the Commission
should require for projects constructed
pursuant to an LNG blanket program.131
76. In response to the NOI, CLNG
proposes that for projects requiring prior
notice, the Commission adopt
procedures consistent with § 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, previouslyauthorized plant boundary; otherwise,

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).
120 NOI, 193 FERC ¶ 61,141 at P 13, Question A1
(citing 18 CFR 157.204(a)).
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.
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.
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’’).
131 NOI, 193 FERC ¶ 61,141 at P 13, Question A7.
132 CLNG January 26, 2026 Comments at 25.
133 Id.

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2. Stakeholder Notification

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routine in-boundary modifications
should not require public notice.134
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 § 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
§ 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.
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
134 Cheniere January 26, 2026 Comments at 5.
135 18 CFR 157.203(d). See infra section III.C.8.
136 Id. 157.6(d)(2).
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) (crossreferenced at 60 FERC ¶ 61,253).

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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
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
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
4. Notice and Protest Procedures for
activity; (ii) set forth in detail the
Prior Notice Projects
substantive basis for the protest; and
81. The NOI sought comment on
(iii) establish with substantial
whether the Commission should adopt
supporting evidence that the protestor
the same prior notice procedures as in
or the individuals it represents stand to
the section 7 pipeline blanket
be materially and substantially affected
regulations.142 The NOI also asked
in an adverse manner by the activity.149
which types of protests should be
86. As discussed above, we propose
dismissed, if any.143
that the regulations establish a tiered
82. Most commenters recommend that
approach for the notice and protest
the Commission adopt a process similar
procedures for prior notice activities.
to the prior notice procedures used in
We propose to establish a 60-day
the section 7 pipeline blanket program.
comment period as the foundation for
Both Cheniere and BLUE recommend
that the Commission adopt the same 60- the LNG blanket authorization program
day prior notice timeline.144 Conversely, and a longer 90-day comment period for
a second tier of larger prior notice
and as discussed above, CLNG
activities (e.g., liquefaction trains,
recommends a two-tiered approach
where smaller projects would have a 30- storage tanks, and marine berths).
87. A shorter time period would be
day timeline and larger projects (e.g.,
too restrictive to allow interested
new liquefaction trains, tanks, and
parties, including state and local
marine berths) would have a 60-day
agencies who, within 30 days, might
145
timeline.
furnish an advisory report under NGA
83. As for limiting potential range of
section 3A(c),150 to review the request,
eligible protestors, CLNG proposes that
and
then for Commission staff to
the Commission limit eligible protesters
perform its review of environmental and
to customers of the LNG plant and
adjacent landowners who can show that safety issues, respond to any issues
they may be affected by the prior notice raised, and protest if necessary.
88. For larger-scale facilities, we
project in a different manner than by the
propose to establish a 90-day notice
project approved in the original section
3 authorization. CLNG asserts that these period. This longer notice period will
provide stakeholders and the
Commission sufficient time to evaluate
139 NOI, 193 FERC ¶ 61,141 at P 13, Question
environmental and safety effects
A4.a.
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implementation and, if so, whether 30
days is sufficient.139
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
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.

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).
142 NOI, 193 FERC ¶ 61,141 at P 13, Question A6
(citing 18 CFR 157.205).
143 Id.
144 Cheniere January 26, 2026 Comments at 4;
BLUE January 23, 2026 Comments at 3.
145 CLNG January 26, 2026 Comments at 17.

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146 Id. at 24.
147 Id. at 17.
148 BLUE January 23, 2026 Comments at 7.

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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:
—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;
—Whether the Commission should
establish a designated timeline within

149 Woodside January 26, 2026 Comments at 1–2.
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.

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

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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.

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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
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
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
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 § 153.106(c)(2).
153 NOI, 193 FERC ¶ 61,141 at P 13, Question D4.
154 CLNG January 26, 2026 Comments at 48.
155 Cheniere January 26, 2026 Comments at 7.
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.

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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 inservice of blanket projects within a
specified timeframe and, if so, what
timeframe.158
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
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.
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
158 NOI, 193 FERC ¶ 61,141 at P 13, Question A8.
159 CLNG January 26, 2026 Comments at 25;
BLUE January 23, 2026 Comments at 4.
160 Cheniere January 26, 2026 Comments at 5.
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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modifications, including future plans
and progress thereof,’’ and include a
section entitled ‘‘Significant Plant
Modifications Proposed for the Next 12
Months.’’ 162
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
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 semiannual 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
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
162 See, e.g., Corpus Christi Liquefaction, LLC, 190
FERC ¶ 61,149 at app. A, env’t condition 100.
163 NOI, 193 FERC ¶ 61,141 at P 13, Question
A4(b).
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.
169 States January 26, 2026 Comments at 16–17.

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would be filed after the activities were
completed.170
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
§§ 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
170 Id. at 20; Earthjustice January 26, 2026
Comments at 7.
171 See supra note 41.
172 See 18 CFR 157.207.
173 See id. 388.112(b)(1).

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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 nonpublic information, we propose in
§ 153.107(c) to require that if any of the
information provided in paragraphs
§§ 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.
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.
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
174 See supra note 105.
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

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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
106. Similar to the pipeline blanket
program,178 we propose in
§ 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 MagnusonStevens 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
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.
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 MagnusonStevens Fishery Conservation and Management
Act).

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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
107. We also propose in
§ 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
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 § 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
§ 153.106(b)(3)(ii) that blanket
authorization holders must conduct
informal consultation and receive a
determination from the appropriate
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.’’
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: http://www.ferc.gov/
industries/gas/enviro/plan.pdf and https://
www.ferc.gov/sites/default/files/2020-04/wetlandwaterbody-construction-mitigation-procedures.pdf.
182 See 18 CFR 157.206(b)(3)(iv).
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).

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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.
109. For compliance with the
CZMA,188 we propose in
§ 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
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.
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.

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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.
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.
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.
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
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).
193 Id. at 2–3.
194 Id. at 3.
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.

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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
113. For automatic authorization
activities, we propose in § 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 §§ 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 § 153.108(e)(4)
that the request include documentation
of compliance with the ESA, NHPA, and
CZMA, as proposed above and in
§§ 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
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
198 CH–IV January 16, 2026 Comments at 7.
199 BLUE January 23, 2026 Comments at 7.
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).

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automatic authorization as well as the
impacts of this rulemaking
proceeding.203 We propose that
activities conducted pursuant to prior
notice procedures will undergo projectspecific 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.
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
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
203 See infra section V.B.
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)).

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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
119. Similar to the pipeline blanket
program,218 we propose in § 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
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.
218 See 18 CFR 157.206.

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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
§ 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.
120. Regarding engineering design
conditions, we propose in § 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.

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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 prefiling procedures at § 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
219 See supra P 106.
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

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

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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
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.
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
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,
232 See infra section III.E.5.
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), https://cms.ferc.gov/media/mou-phmsaregarding-lng-transportation-facilities-0.
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.
238 Specifically, proposed § 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.

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we propose in § 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.
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.
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.
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
239 90 FR 18949 (May 5, 2025).
240 33 U.S.C. 1221, et seq.; 33 CFR 127.007(a), (c).

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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).
245 NOI, 193 FERC ¶ 61,141 at P 13, Question
C1(3).

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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, preoperation annual reviews of WSAs, and
the development of emergency manuals
as examples of adequate regulatory
oversight provided by the USCG.247
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
§ 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.
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
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

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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
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
§§ 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
253 CLNG January 26, 2026 Comments at 38–39.

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).
248 Specifically, proposed § 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.
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), https://www.ferc.gov/
media/2007-mou-dod.
252 NOI, 193 FERC ¶ 61,141 at P 13, Question
C1(4).

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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.
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.

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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.
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 stateadministered 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
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
258 15 U.S.C. 717b–1(c).
259 Id. 717b–1(d).
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.

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terminal. The Commission would
address the state’s concerns in that
proceeding.
138. For prior notice activities, we
propose in § 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.
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
141. Given the scope of activities that
we propose to be eligible for automatic
266 15 U.S.C. 717b–1(e).
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.

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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
§ 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.
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 §§ 153.107(a)(1)
or (a)(5) through (13) is filed as nonpublic, the blanket authorization holder
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.
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).

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Federal Register / Vol. 91, No. 201 / Tuesday, October 20, 2026 / Proposed Rules
shall file a public summary of all
changes made under its blanket
authorization.

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F. Severability
143. We propose to include at
§ 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
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 http://www.ferc.gov. 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
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).

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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.
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:
• 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:
• 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

Frm 00021

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well as any environmental
documentation.
• 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:
• FERC–537: Gas Pipeline Certificate:
Construction, Acquisition &
Abandonment (OMB Control No 1902–
0060).
• FERC–539: Gas Pipeline
Certificates: Import & Export Related
Applications (OMB Control No 1902–
0062).
• 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.

275 5 CFR 1320.11.

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

Public Reporting Burden: The
Commission estimates burden 277 and
cost as follows:
Number of
respondents

Annual
number of
responses per
respondent

Total number
of responses

Average
burden & cost
per response 278

Total annual
burden hours
& total annual cost

Cost per
respondent
($)

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

(5) ÷ (1) 279

30

1.39

41.7

500 hrs.; $51,000

20,850 hrs.; $2,126,700

$70,890

........................

............................

41.7

...............................

20,850 hrs.; $2,126,700

........................

18 CFR 157.6 Interstate Certificate and
Abandonment Applications 280.
Total (impacted collection activities) ......

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

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.
Public Reporting Burden: The
Commission estimates burden and cost
as follows:

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

Number of
respondents

Annual
number of
responses per
respondent

Total number
of responses

Average
burden & cost
per response 282

Total annual burden
hours & total annual cost

Cost per
respondent
($)

(1)

(2)

(1) × (2) = (3)

(4)

(3) × (4) = (5)

(5) ÷ (1) = (6)

18 CFR 153.7 Applications ...........................
18 CFR 153.104 Blanket Authorization Program—Application 283.
18 CFR 153.103(c) Blanket Authorization
Prior Notice Filings.
18 CFR 153.106(c) Semi-Annual Operational Reports 284.

4
25

2
0.33

8
8

15 hrs.; $1,530 .....
4 hrs.; $408 ..........

120 hrs.; $12,240 ...........
32 hrs.; $3,264 ...............

$3,060
408

3

1

3

8 hrs.; $816 ..........

24 hrs.; $2,448 ...............

816

25

2

50

25 hrs.; $2,550 .....

1,250 hrs.; $127,500 ......

5,100

Total (impacted collection activities) ......

........................

............................

69

...............................

1,426 hrs.; $145,452 ......

........................

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.

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

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

Companies’ Environmental Review and Compliance 285 (18
CFR Parts 2, 153, 157, and
380).
Total (impacted collection
activities).

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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
respondents

Number of
responses per
respondent

Total number
of responses

Average
burden hours &
average cost
per response
($) (rounded)

Total annual burden hours &
total annual cost
($) (rounded)

Cost per
respondent
($) (rounded)

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

(5) ÷ (1) = (6)

104

16

1,664

193.52 hours; $19,932.56 ...

322,017 hours; $32,845,763

$318,921

........................

............................

1,664

..............................................

322,017 hours; $32,845,763

........................

The Commission requests comments
on:
• the need for this information,
• whether the information will have
practical utility,
• the accuracy of the provided burden
estimates,
• ways to enhance the quality, utility,
and clarity of the information to be
collected, and
• 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 casespecific analysis, including determining
the nature of appropriate environmental
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.
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) (crossreferenced at 41 FERC ¶ 61,284).

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review, e.g., preparation of an
environmental document or application
of a categorical exclusion.
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.
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.
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
287 5 U.S.C. 601–612.
288 13 CFR 121.101; NAICS Association, 488999—
All Other Support Activities for Transportation,
https://www.naics.com/naics-code-description/
?v=2022&code=221210.

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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 casespecific 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

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

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 (http://
www.ferc.gov).
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 [email protected], or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. Email the
Public Reference Room at
[email protected].
164. In accordance with 5 U.S.C.
553(b)(4), a summary of this rule may be
found at www.ferc.gov/major-ordersregulations under the NOPR tab.

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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.

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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
■ 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.
■ 2. Revise § 2.55 to add paragraph (d)

and (e):
§ 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
§ 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
§ 153.106(c) and § 153.107(a)(3) and (4)
of this chapter.
*
*
*
*
*
PART 153—APPLICATIONS FOR
AUTHORIZATION TO CONSTRUCT,
OPERATE, OR MODIFY FACILITIES
USED FOR THE EXPORT OR IMPORT
OF NATURAL GAS
■ 1. The authority for part 153 is revised

to read as follows:
Authority: 15 U.S.C. 717–717z; E.O.
10485, 3 CFR, 1949–1953 Comp., p. 970, as
amended by E.O. 12038, 3 CFR, 1978 Comp.,
p. 136; DOE Delegation Order No. S1–DEL–
FERC–2006 (May 16, 2006).
■ 2. Add subpart E to read as follows:

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Subpart E—Blanket Authorizations
Under Sections 3 and 7 of the Natural
Gas Act for LNG Plants
■ 3. Add § 153.101 to read as follows:

§ 153.101

Applicability.

(a) Scope. This subpart establishes a
procedure whereby a liquefied natural
gas (LNG) terminal authorization holder
or LNG plant certificate holder may
obtain a blanket authorization allowing
certain activities under section 3 or 7 of
the Natural Gas Act.
(b) Who may apply. This procedure is
only applicable to LNG terminal
authorization holders and LNG plant
certificate holders.
(c) Availability of case-specific
authorizations. Nothing in this subpart
shall preclude an LNG terminal
authorization holder or LNG plant
certificate holder from proceeding under
any other provision of the Commission’s
regulations to obtain Commission
authorization under section 3 or 7 of the
Natural Gas Act.
(d) Severability. If any provision of
this subpart, or the application of such
provision to any person or
circumstance, is held invalid, the
remainder of this subpart and the
application of such provision to other
persons or circumstances shall not be
affected thereby.
■ 4. Add § 153.102 to read as follows:
§ 153.102

Definitions.

(a) Subpart E definitions. For
purposes of this subpart:
(1) Blanket authorization holder
means any LNG terminal authorization
holder or LNG plant certificate holder
with an effective blanket authorization
issued pursuant to this subpart.
(2) LNG terminal authorization holder
means a person with an effective
authorization issued pursuant to section
3 of the Natural Gas Act to site,
construct, or operate an LNG terminal.
(3) LNG plant certificate holder means
a natural gas company with an effective
certificate of public convenience and
necessity issued pursuant to section 7 of
the Natural Gas Act to construct and
operate LNG facilities.
(4) LNG facilities means those
components of an LNG plant that
receive, unload, load, store, transport,
gasify, liquefy, or process natural gas.
LNG facilities include feed gas facilities;
pretreatment facilities; natural gas
liquid facilities; heavy hydrocarbon
condensate facilities; liquefaction
facilities; LNG storage facilities; truck
transfer facilities; rail transfer facilities;
marine transfer facilities; vaporization
or regasification facilities; sendout gas
conditioning facilities; and sendout
facilities.

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Federal Register / Vol. 91, No. 201 / Tuesday, October 20, 2026 / Proposed Rules
(5) Auxiliary system means 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
vapor handling systems; nitrogen and
inert gas systems; instrument and plant/
utility air systems; power generation
and electrical systems; utility water and
other utility systems; security systems;
cathodic protection systems; relief
device, blowdown, vent, and flare
systems; fuel gas systems; spill
containment systems; passive protection
systems; hazard detection systems;
hazard control systems; firewater
systems; structural and natural hazard
mitigation systems; emergency response
systems; and emission control systems.
(6) Components means parts of an
auxiliary system or LNG facility
including piping and valves; process
vessels; storage containers; rotating
equipment; fired equipment; buildings
and structures, including accessways,
stairs, ladders, platforms, hoists, and
cranes; electrical components;
instrumentation and control system
components; and safety instrument
system components.
(7) Pipeline facilities means mainline,
lateral, or compressor facilities used to
transport gas to or from an LNG
terminal.
(8) Capacity means the (i) import or
export capacity of an LNG terminal and
(ii) storage and delivery capacity of
interstate LNG plants.
(9) Footprint means the area located:
(i) within an LNG plant’s security
systems; and (ii) within the areas
protected from natural hazards.
(10) Design limits means: (i) the
minimum and maximum design flows;
(ii) the minimum and maximum liquid
design levels and volumes; (iii) the
minimum (vacuum) and maximum
design pressures; (iv) the minimum
design metal temperature and maximum
design temperature, (v) the minimum
and maximum compositions, and (vi)
the maximum structural design loads
and criteria of the LNG facilities,
auxiliary systems, and components.
(11) Areas protected from natural
hazards means areas within storm surge
barriers and tsunami barriers, or areas at
or above the site elevations protected
from storm surge levels, tsunami
inundation levels, and floodplains at the
LNG terminal or plant.
(12) Security systems means security
enclosures, access controls, security
intrusion monitoring and detection
systems, and security lighting.
(13) Upgraded means providing equal
or greater level of safety, security,
reliability, operability, efficiency, and
environmental protection.

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(14) Modify means to change the
design or operational conditions of
components within existing LNG
facilities and auxiliary systems,
including but not limited to changing
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.
(15) Piping and valves include all
types of piping, tubing, flanges, gaskets,
fittings, valves, actuators, or other
components designed or used to convey,
direct, start, or stop fluids within an
enclosed system.
(16) Process vessels include heat
exchangers, columns, separators, and
reactors and any other pressure vessel or
container designed or used to remove,
knockout, separate, distill, combine,
heat, cool, react, or change the vapor or
liquid fraction, composition,
temperature, or other process condition
of fluids.
(17) Storage containers include
atmospheric tanks, low-pressure tanks,
pressure vessels, or other containers
designed or used as storage for fluids.
(18) Rotating equipment includes
pumps, compressors, expanders,
companders, fans, turbines, internal
combustion engines, electrical motors,
or other equipment and drivers with
rotating or spinning components
designed or used to impose or extract
work.
(19) Fired equipment includes
heaters, furnaces, boilers, incinerators,
thermal oxidizers, vaporizers, flares,
fired-turbines, internal combustion
engines, and other equipment designed
or used to combust gaseous, liquid, or
solid fuel.
(20) Instrumentation and controls
include sensors, transmitters, signaling,
fieldbus, basic process control systems,
distributed control systems, supervisory
control and data acquisition systems,
programmable automation controllers,
programmable logic controllers,
programmable logic relays, remote
terminal units, remote input/output,
software, human machine interfaces,
historians, network architecture,
actuators, control valves, and other
integrated components designed or used
to measure, monitor, record, and
manually or automatically control
physical process conditions, such as
flow, pressure, temperature, level, and
composition.
(21) Safety instrumented systems are
either: (i) independent safety systems
separate from the basic process control
systems or (ii) part of integrated control
and safety systems, comprising sensors,
transmitters, certified safety integrity

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level logic solvers, segmented or
separated servers in network
architecture, actuators, blowdown and
emergency shutdown valves with
independent or integrated
communication networks, software,
human machine interfaces, historians,
and other independent or integrated
components designed or used to depressurize, de-inventory, isolate,
shutdown or otherwise reduce the risk
of process conditions exceeding the
basis of design of the mechanical
components and systems that could lead
to a loss of containment.
(22) Delivery point means a tap and/
or metering and appurtenant facilities,
such as gas heaters, minor gas
conditioning, treatment, odorization,
and similar equipment, necessary to
enable the blanket authorization holder
to deliver gas to any party.
(23) Receipt point means a tap and/or
metering and appurtenant facilities such
as gas heaters, minor gas conditioning,
treatment, odorization, and similar
equipment, necessary to enable the
blanket authorization holder to receive
gas from any party.
(24) Project means a unit of
improvement or construction that is
used and useful upon completion.
(25) Sensitive environmental area
means:
(i) The habitats of species which have
been identified as endangered or
threatened under the Endangered
Species Act (Pub. L. 93–205, as
amended) and essential fish habitat as
identified under the Magnuson-Stevens
Fishery Conservation and Management
Act (16 U.S.C. 1801, et seq.);
(ii) National or State Forests or Parks;
(iii) Properties listed on, or eligible for
inclusion in, the National Register of
Historic Places, or the National Register
of Natural Landmarks;
(iv) Floodplains and wetlands;
(v) Designated or proposed wilderness
areas, national or state wild and scenic
rivers, wildlife refuges and management
areas and sanctuaries;
(vi) Prime agricultural lands,
designated by the Department of
Agriculture; or
(vii) Sites which are subject to use by
American Indians and other Native
Americans for religious purposes.
(26) Emergency means a sudden
unanticipated loss of gas supply or
capacity that requires an immediate
restoration of interrupted service for
protection of life or health or for
maintenance of physical property.
■ 5. Add § 153.103 to read as follows:
§ 153.103

Blanket authorization.

(a) Effect. A blanket authorization
issued pursuant to this subpart permits

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the blanket authorization holder, in
accordance with the provisions of this
subpart, to engage in any of the
activities specified in § 153.108 and
§ 153.109 (as may be amended from
time to time).
(b) Automatic authorization. A
blanket authorization issued pursuant to
this subpart permits the blanket
authorization holder to engage in
activities described in § 153.108(c) and
§ 153.109(c) without further
Commission approval.
(c) Prior notice required. A blanket
authorization issued pursuant to this
subpart permits the blanket
authorization holder to engage in
activities described in § 153.108(d) and
§ 153.109(d), if the requirements of
§ 153.105 have been fulfilled.
(d) Landowner and local municipality
notification.
(1) Except as identified in paragraph
(d)(3) of this section, no activity
described in paragraph (b) of this
section is authorized unless the blanket
authorization holder notifies all affected
landowners, as defined in § 157.6(d)(2),
and each local municipality (i.e., the
city, town, or similar local political
subdivision) in which the blanket
activity would occur by certified or first
class mail at least 45 days prior to
commencing construction or at the time
it initiates easement negotiations,
whichever is earlier. A landowner or
local municipality may waive the 45day prior notice requirement in writing
as long as the notice has been provided.
For activity required to restore service
in an emergency, the 45-day prior notice
period is satisfied in the event a
company obtains all necessary
easements. The notification shall
include at least:
(i) A brief description of the facilities
and/or components to be constructed,
modified, or replaced;
(ii) The name and phone number of a
company representative who is
knowledgeable about the project; and
(iii) For landowners, a brief
description of the effect the construction
activity will have on the landowner’s
property and a description of the
company’s environmental complaint
resolution procedure that must:
(A) Provide landowners with clear
and simple directions for identifying
and resolving their environmental
mitigation problems and concerns
during construction of the project and
restoration of the right-of way;
(B) Provide a local or toll-free phone
number and the name of a specific
person to be contacted by landowners
and with responsibility for responding
to landowner problems and concerns,

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and who will indicate when a
landowner should expect a response;
(C) Instruct landowners that if they
are not satisfied with the response, they
may call the company’s Hotline; and
(D) Instruct landowners that, if they
are still not satisfied with the response,
they may contact the Commission’s
Landowner Helpline at the current
telephone number and email address,
which is to be provided in the
notification.
(2) For activities described in
paragraph (c) of this section, the
company shall notify in writing all
affected landowners, as defined in
§ 157.6(d)(2), and each local
municipality (i.e., the city, town, or
similar local political subdivision) in
which the blanket activity would occur
by certified or first class mail within at
least three business days following the
date that a docket number is assigned to
the request and at the time it initiates
easement negotiations. The notice
should include at least:
(i) A brief description of the company
and the proposed project, including the
facilities and/or components to be
constructed, modified, or replaced and
the location (including a general
location map), the purpose, and the
timing of the project;
(ii) For landowners, a brief
description of the effect the construction
activity will have on the landowner’s
property and a general description of
what the company will need from the
landowner if the project is approved,
and how the landowner may contact the
company, including a local or toll-free
phone number and the name of a
specific person to contact who is
knowledgeable about the project;
(iii) The docket number (if assigned)
for the request;
(iv) A general description of the
blanket authorization program and
procedures, as posted on the
Commission’s website at the time the
notification is prepared, and the link to
the information on the Commission’s
website;
(v) A brief summary of the rights the
landowner or local municipality has in
Commission proceedings;
(vi) The following paragraph: This
project is being proposed under the
prior notice requirements of the blanket
authorization program administered by
the Federal Energy Regulatory
Commission. Under the Commission’s
regulations, you have the right to protest
this project within the timeframe
required under 18 CFR 153.105(d) in the
Commission’s notice of the company’s
filing. If you file a protest, you should
include the docket number listed in this
letter and provide the specific reasons

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for your protest. The protest should be
filed with the Secretary of the Federal
Energy Regulatory Commission. A copy
of the protest should be provided to the
company. If you have any questions
concerning these procedures you can
call the Commission’s Office of External
Affairs at (202) 208–1088; and
(vii) The description of the company’s
environmental complaint resolution
procedure as described in paragraph
(d)(1)(iii) of this section.
(3) Exceptions.
(i) No landowner or local
municipality notice is required for
replacements made to comply with
federal regulations, or for safety,
environmental, or unplanned
maintenance reasons that are not
foreseen and that require immediate
attention by the blanket authorization
holder.
(ii) No landowner or local
municipality notice is required for
activities that do not involve ground
disturbance, increases to operational air
and noise emissions, or increases to
public safety risks.
(4) If paragraphs (d)(1) or (d)(2) of this
section require a blanket authorization
holder to reveal Critical Energy
Infrastructure Information (CEII), as
defined by § 388.113(c) of this chapter,
to any person, the blanket authorization
holder shall follow the procedures set
out in § 157.10(d).
■ 6. Add § 153.104 to read as follows:
§ 153.104

Application procedure.

(a) Who may apply. Any LNG
terminal authorization holder that has a
Commission-approved Emergency
Response Plan that includes a costsharing plan pursuant to section 3(A) of
the Natural Gas Act, any LNG plant
certificate holder, or any applicant
requesting authorization to construct or
operate an LNG plant, may apply for a
blanket authorization under this subpart
in the manner prescribed in §§ 157.6(a)
and 385.2011 of this chapter.
(b) Hearing procedure. Upon
receiving an application for a blanket
authorization under this subpart, the
Commission will conduct a hearing
pursuant to section 3 or section 7 of the
Natural Gas Act and § 157.11 of this
chapter.
(c) Issuance.
(1) For applicants which hold an LNG
terminal authorization, the Commission
will issue a blanket authorization to the
applicant if doing so will not be
inconsistent with the public interest.
(2) For applicants which hold an LNG
plant certificate, the Commission will
issue a blanket authorization to the
applicant if doing so is required by the

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present or future public convenience
and necessity.
(d) Application contents.
Applications for blanket authorizations
shall contain:
(1) Information indicating the exact
legal name of the applicant; its principal
place of business; whether the applicant
is an individual, partnership,
corporation or otherwise; citation to the
proceeding(s) in which the applicant
was granted a section 3 authorization or
section 7 certificate; the state under the
laws of which the applicant is organized
or authorized to do business; and the
name, title, and mailing address and
telephone number of the person or
persons to whom communications
concerning the application are to be
addressed; and
(2) A statement that the applicant will
comply with the terms, conditions and
procedures specified in this subpart.
■ 7. Add § 153.105 to read as follows:

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§ 153.105

Notice procedure.

(a) Applicability. No activity
described in § 153.108(d) or
§ 153.109(d), except for activity required
to restore service in an emergency, is
authorized by a blanket authorization
granted under this subpart, unless, prior
to undertaking such activity:
(1) The notice requirements have been
fulfilled in accordance with the
provisions of this section; and
(2) Either
(i) no protest has been filed pursuant
to paragraph (e) of this section or,
(ii) if a protest has been filed, it has
been withdrawn or dismissed pursuant
to paragraph (g) of this section.
(b) Contents. For any activity subject
to the requirements of this section, the
blanket authorization holder must file
with the Secretary of the Commission,
as prescribed in §§ 157.6(a) and
385.2011 of this chapter, a request for
authorization under the notice
procedures of this section that contains:
(1) The exact legal name of the
blanket authorization holder and
mailing address and telephone number
of the person or persons to whom
communications concerning the request
are to be addressed;
(2) The docket number in which its
blanket authorization was issued;
(3) Any information required in
§§ 153.108 and 153.109 of this chapter
for the particular activity;
(4) A verified statement that the
proposed activity complies with the
requirements of this subpart;
(5) Identities and docket numbers of
other applications related to the activity.
All related filings must be made within
10 days of the first filing. Otherwise the
requests on file will be rejected under

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paragraph (c) of this section without
prejudice to refiling when all parties are
ready to proceed.
(c) Rejection of request. The Director
of the Office of Energy Projects shall
reject within 10 days of the date of filing
a request which patently fails to comply
with the provisions of paragraph (b) of
this section, without prejudice to the
blanket authorization holder’s refiling a
complete request.
(d) Publication of notice of request.
Unless the request has been rejected
pursuant to paragraph (c) of this section,
the Secretary of the Commission shall
issue a notice of the request within 10
days of the date of the filing, which will
then be published in the Federal
Register. The notice shall designate a
deadline for filing protests, or
interventions to the request. The
deadline shall be 60 days after the date
of issuance of the notice of the request
for activities described by
§ 153.108(d)(1) and § 153.109(d), and 90
days after the date of issuance of the
notice of the request for activities
described by § 153.108(d)(2).
(e) Protests.
(1) Any person or the Commission’s
staff may file a protest prior to the
deadline. Copies of the protest must be
served on the Secretary of the
Commission and the blanket
authorization holder.
(2) Protests shall be filed in the
following form:
United States of America Before the
Federal Energy Regulatory Commission
[Name of company holding the blanket
authorization] Docket No. [Include both
docket no. of the blanket authorization
and the prior notice activity]
Protest to Proposed Blanket
Authorization Activity
(Name of Protestor) hereby protests the
request filed by (Name of blanket
authorization holder) to conduct a
(construction of facilities, abandonment,
etc.) under § 153.lll of the
Commission’s regulations. Protestor
seeks to have this request processed as
a separate application.
(Include a detailed statement of
Protestor’s interest in the activity and
the specific reasons and rationale for the
objection and whether the protestor
seeks to be an intervenor.)
(f) Effect of protest. If a protest is filed
in accordance with paragraph (e) of this
section, then the blanket authorization
holder, the person who filed the protest,
any intervenors, and staff may resolve
the protest and file a withdrawal of the
protest pursuant to paragraph (g) of this
section prior to the issuance of a
Commission order that would have

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otherwise been required in the absence
of such withdrawal. Informal settlement
conferences may be convened by the
Director of the Office of Energy Projects
or his designee. If a protest is not
withdrawn or dismissed pursuant to
paragraph (g) of this section, the activity
shall not be deemed authorized by the
blanket authorization. Instead, the
request filed by the blanket
authorization holder shall be treated as
an application for section 3 or section 7
authorization for the particular activity.
The Federal Register notice of the
request shall be deemed to be notice of
the section 3 or section 7 application
sufficient to fulfill the notice
requirement of §§ 157.9 and 157.10.
(g) Withdrawal or dismissal of
protests. The protestor may withdraw a
protest prior to a Commission order that
would have otherwise been required in
the absence of such withdrawal by
submitting written notice of withdrawal
to the Secretary of the Commission and
serving a copy on the blanket
authorization holder, any intervenors
and any other party requesting service.
The withdrawal must state that the
blanket authorization holder and the
protestor concur in the withdrawal.
Within 10 days of the filing of a protest,
the Director of the Office of Energy
Projects will dismiss that protest if it
does not raise a substantive issue and
fails to provide any specific detailed
reason or rationale for the objection. If
a protest is dismissed, the notice
requirements of this section will not be
fulfilled until the earlier of: (1) a 30 day
period following the deadline
determined in paragraph (d) of this
section has run; or (2) the dismissed
protesting party notifying the Secretary
of the Commission that its concerns
have been resolved.
(h) Final authorization.
(1) If no protest is filed within the
time allowed by the Secretary, the
blanket authorization holder is
authorized to conduct the activity under
its blanket authorization, effective on
the day after time expires for filing
protests and interventions unless,
during that time, the blanket
authorization holder withdraws its
request in accordance with § 385.216 of
this chapter.
(2) If any protest is filed within the
time allowed for protest and
interventions and is subsequently
withdrawn under paragraph (g) of this
section, the blanket authorization holder
is authorized to conduct the activity
under its blanket authorization, effective
upon the day after the withdrawal of all
protests, unless the blanket
authorization holder withdraws its

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request in accordance with § 385.216 of
this chapter prior to that date.
■ 8. Add § 153.106 to read as follows:

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§ 153.106

Standard conditions.

Any activity authorized under a
blanket authorization issued under this
subpart is subject to the following
conditions:
(a) Revisions.
(1) The Commission reserves the right
to amend the requirements of this
subpart from time to time.
(2) The blanket authorization is not
transferable in any manner and shall be
effective only so long as the blanket
authorization holder continues the
activities authorized by the order
issuing such authorization and does so
in accordance with the provisions of the
Natural Gas Act, as well as applicable
rules, regulations, and orders of the
Commission.
(b) Environmental compliance. This
paragraph only applies to activities that
involve ground disturbance or increases
in operational air emissions, operational
noise emissions, or public safety risks.
(1) The blanket authorization holder
shall adopt the requirements set forth in
§ 380.15(a) and (b) of this chapter for all
activities authorized by the blanket
authorization and shall issue the
relevant portions thereof to construction
personnel, with instructions to use
them.
(2) All activities shall be consistent
with all applicable law including the
provisions of the following statutes and
regulations or compliance plans
developed to implement these statutes:
(i) Clean Water Act, as amended (33
U.S.C. 1251 et seq.) and the National
Pollution Discharge Elimination System
Program, 40 CFR part 122 et seq.;
(ii) Clean Air Act, as amended (42
U.S.C. 1801 et seq.) and air quality
regulations and state implementation
plans adopted pursuant to 40 CFR parts
50–99;
(iii) National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq.);
(iv) Archeological and Historic
Preservation Act of 1974 (Pub. L. 93–
291);
(v) Coastal Zone Management Act of
1972, as amended (16 U.S.C. 1451 et
seq.);
(vi) Endangered Species Act of 1973,
Public Law 93–205, as amended (16
U.S.C. 1531 et seq.);
(vii) Executive Order 11988, May 24,
1977 requiring Federal agencies to
evaluate the potential effects of any
actions it may take on a floodplain;
(viii) Executive Order 11990, May 24,
1977 requiring an evaluation of the
potential effects of construction on
wetland;

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(ix) Wild and Scenic Rivers Act (16
U.S.C. 1274 et seq.);
(x) National Wilderness Act (16 U.S.C.
1133 et seq.);
(xi) National Parks and Recreation Act
of 1978 (16 U.S.C. 1 and 230 et seq.);
(xii) Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.);
(xiii) Rivers and Harbors Act (33
U.S.C. 400 et seq.);
(xiv) Migratory Bird Treaty Act (16
U.S.C. 703 et seq.);
(xv) Fish and Wildlife Coordination
Act (16 U.S.C. 661 et seq.);
(xvi) Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.);
(xvii) Marine Protection, Research,
and Sanctuaries Act (33 U.S.C. 1401 et
seq.);
(xviii) Marine Mammal Protection Act
(16 U.S.C. 1361 et seq.);
(xix) Farmland Protection Policy Act
(7 U.S.C. 4201 et seq.);
(xx) Pipeline Safety Act (49 U.S.C.
60101 et seq.);
(xxi) Ports and Waterways Safety Act
(33 U.S.C. 1221 et seq.);
(xxii) Marine Transportation Security
Act (46 U.S.C. 2101 note and 70101 et
seq.);
(xxiii) Coast Guard Authorization Act
of 2010 (Pub. L. 111–281, 124 Stat. 2905
(Oct.15,2010)).
(3) The blanket authorization holder
shall be deemed in compliance with:
(i) Paragraph (b)(2)(iii) of this section
only if it adheres to the procedures in
appendix II of part 157 subpart F of this
chapter in which case the Commission
finds that there is no effect on any
property protected by 16 U.S.C. 470f;
(ii) Paragraph (b)(2)(vi) of this section
only if it adheres to the procedures in
appendix I of part 157 subpart F of this
chapter in which case the Commission
finds that endangered species and their
critical habitat are protected in
accordance with 16 U.S.C. 1536;
(iii) Paragraph (b)(2)(v) of this section
only if the appropriate state agency
designated to administer the state’s
coastal zone management plan, prior to
construction of the project, waives its
right of review or determines that the
project complies with the state’s coastal
zone management plan;
(iv) Paragraphs (b)(2)(i) and (viii) of
this section only if it adheres to
Commission staff’s current ‘‘Upland
Erosion Control, Revegetation and
Maintenance Plan’’ and ‘‘Wetland and
Waterbody Construction and Mitigation
Procedures’’ which are available on the
Commission internet home page or from
the Commission staff, or gets written
approval from the staff or the
appropriate Federal or state agency for
the use of project-specific alternatives to

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clearly identified portions of those
documents.
(4) Any activity authorized under a
blanket authorization shall not have a
significant adverse effect on a sensitive
environmental area.
(5) Any activity authorized under a
blanket authorization that increases
operational noise emissions shall not
have a significant adverse effect on
noise sensitive areas, as follows:
(i) The noise attributable to any new
meter station, compressor station, LNG
terminal, or LNG plant, or any
modification, upgrade, or update
thereto, such as from new or modified
fired or rotating equipment, must not
exceed a day-night noise level (Ldn) of
55 dBA at any pre-existing noisesensitive area (such as schools,
hospitals, or residences).
(ii) Fired and rotating equipment and
other noise-emitting components
installed at a meter station, compressor
station, LNG terminal, or LNG plant
under this section must be designed to
meet the following noise emissions
criteria. For each project, the blanket
authorization holder must file a full
load noise survey with the Secretary
within 60 days of placing the equipment
in service. If a full load condition noise
survey is not possible, the blanket
authorization holder must provide an
interim survey at the maximum possible
load and provide the full load survey
within 6 months.
(A) If noise emitted from the existing
LNG terminal, LNG plant, meter station,
or compressor station at full load
exceeds an Ldn of 55 dBA at any noisesensitive area (NSA), or if an addition or
modification to an existing LNG
terminal, LNG plant, meter station, or
compressor station operating at full load
at or below an Ldn of 55 dBA at NSAs
causes overall noise attributable to the
facility to exceed an Ldn of 55 dBA at an
NSA, the blanket authorization holder
must come into compliance with an Ldn
of 55 dBA at NSAs within 1 year of
placing the new, replaced, or modified
components in service.
(B) If an addition or modification to
an existing LNG terminal, LNG plant,
meter station, or compressor station
operating at full load above an Ldn of 55
dBA at NSAs causes overall noise
attributable to the terminal, plant, or
station to increase at an NSA, the
blanket authorization holder must act
within 1 year of placing the added or
modified facility in service to reduce
noise at NSAs to the level that existed
prior to the addition or modification.
(C) If the initial noise survey
demonstrates a need to take action to
mitigate noise, within 60 days of
completing such action, the blanket

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authorization holder must file a
subsequent noise survey with the
Secretary demonstrating that each new
fired and rotating equipment or other
noise-emitting components at the
modified meter station, compressor
station, LNG terminal, or LNG plant
complies with the noise level limits.
(6) Any horizontal directional
drilling, pile driving, or drilling of wells
which will occur between 10 p.m. and
7 a.m. local time must be conducted
with the goal of keeping the perceived
noise from the activity at any preexisting noise-sensitive area (NSA)
(such as schools, hospitals, or
residences) at or below a day-night level
(Ldn) of 55 dBA.
(7) Any activity otherwise subject to
authorization under § 153.109 shall not
be authorized if the activity is located
within 0.5 miles of a nuclear power
plant which is either operating or under
construction, or for which a
construction permit has been filed with
the Nuclear Regulatory Commission.
(8) The blanket authorization holder
shall act as the Commission’s nonFederal representative upon acceptance
of the blanket authorization for
purposes of complying with the
Endangered Species Act of 1973.
(9) The blanket authorization holder
shall act as the Commission’s nonFederal representative upon acceptance
of the blanket authorization for
purposes of complying with the
National Historic Preservation Act of
1966.
(c) Engineering compliance.
(1) Facility Inspections. Throughout
the life of the replacements,
modifications, and new components,
systems, and facilities authorized under
this subpart, the blanket authorization
holder and its components, systems,
and facilities shall be subject to regular
Commission staff technical reviews and
site inspections on at least an annual
basis for LNG terminals and biennial
basis for LNG plants in interstate
service, or more frequently as
circumstances indicate. Prior to each
Commission staff technical review and
site inspection, the blanket
authorization holder shall respond to
any specific data requests, including
information relating to possible design
and operating conditions that may have
been imposed by other agencies or
organizations. Up-to-date, detailed
piping and instrumentation diagrams
reflecting replacements, modifications,
and new components, systems, and
facilities and other pertinent
information not included in the semiannual reports described below,
including events that have taken place
since the previously submitted semi-

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annual report, shall be submitted as
specified in data requests.
(2) Semi-Annual Report. Throughout
the life of the replacements,
modifications and new components,
systems, and facilities authorized under
this subpart, the blanket authorization
holder shall file semi-annual
operational reports with the Secretary to
identify changes in design and operating
conditions; abnormal operating
experiences; applicable activities (e.g.,
ship arrivals, quantity and composition
of imported and exported LNG,
liquefied and vaporized quantities,
trucking quantities, boil off/flash gas
quantities); and plant modifications,
including future plans and progress
thereof. Abnormalities shall include, but
shall not be limited to, the following, as
applicable:
(i) unloading/loading/shipping
problems;
(ii) potential hazardous conditions
from offsite vessels, transportation
activities (e.g., road, rail, air), or
facilities adjacent to the plant site;
(iii) storage container stratification or
rollover;
(iv) geysering;
(v) higher than predicted boil-off rates
in storage containers;
(vi) storage container pressure
excursions (high or low);
(vii) negative pressure (vacuum)
within a storage container;
(viii) relative movement of storage
container inner vessels;
(ix) cold spots on the storage
containers;
(x) storage container vibrations and/or
vibrations in associated cryogenic
piping;
(xi) storage container settlement;
(xii) pipe movement including spring
hanger position indicator(s) outside of
normal range;
(xiii) significant equipment or
instrumentation malfunctions or
failures;
(xiv) non-scheduled maintenance or
repair (and reasons therefor);
(xv) leaking or inoperative isolation
valves;
(xvi) hazardous fluid releases;
(xvii) fires involving hazardous fluids
and/or from other sources; and,
(xiii) adverse weather conditions and
the effect on the plant and facilities.
(3) Semi-annual operational reports
shall be submitted within 45 days after
each period ending June 30 and
December 31. In addition to the above
items, a section entitled ‘‘Significant
Plant Modifications Proposed for the
Next 12 Months’’ shall be included in
the semi-annual operational reports.
(4) Throughout the life of the
replacements, modifications and new

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components, systems, and facilities
authorized under this subpart, the
blanket authorization holder shall notify
Commission staff within 24 hours in the
event the temperature of any region of
an LNG storage container, including any
secondary containment and embedded
pipe supports, becomes less than the
minimum specified operating
temperature for the material, and
specify procedures for corrective action.
(5) Throughout the life of the
replacements, modifications, and new
components, systems, and facilities
authorized under this subpart, the
blanket authorization holder shall report
to Commission staff significant nonscheduled events, including safetyrelated incidents (e.g., LNG, condensate,
refrigerant, or natural gas releases; fires;
explosions; mechanical failures;
unusual over-pressurization; and major
injuries) and security-related incidents
(e.g., unauthorized attempts to enter
site, suspicious activities). If an
abnormality is of sufficient magnitude
to threaten public or employee safety,
cause significant property damage, or
interrupt service, notification shall be
made immediately, without unduly
interfering with any necessary or
appropriate emergency repair, alarm, or
other emergency procedure. In all
instances, notification shall be made to
Commission staff within 24 hours. This
notification practice shall be
incorporated into the LNG plant’s
Emergency Response Plan.
(6) In the event of an incident, the
Director of the Office of Energy Projects
has delegated authority to take whatever
steps are necessary to ensure
operational reliability and to protect
human life, health, property, or the
environment, including authority to
direct the LNG facility to cease
operations. Following the initial
company notification, Commission staff
will determine the need for a separate
follow-up report or follow-up
discussion in the upcoming semi-annual
operational report. All company followup reports shall include investigation
results and recommendations to
minimize a reoccurrence of the incident.
(d) Commencement. Any authorized
construction shall be completed and
made available for service by the
blanket authorization holder and any
authorized operation, or service, shall
be available within five years of the date
the activity is authorized pursuant to
§ 153.105(h). The authorization holder
may apply to the Director of the Office
of Energy Projects for an extension of
this deadline.
(e) Reports. The authorization holder
shall file reports as required by this
subpart.

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■ 9. Add § 153.107 to read as follows:

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§ 153.107

General reporting requirements.

(a) Throughout the modification,
construction, and operational life of
each new, replaced, or modified LNG
facility, auxiliary system, or
components thereof authorized by
§ 153.108(c) and § 153.109(c), the
blanket authorization holder shall file in
the semi-annual operational report
described in § 153.106(c)(2), or earlier if
upon request as part of a planned
modification, construction, or
operational technical review and
inspection. The report must include:
(1) a general description and
justification of the replacements,
modifications, or new components,
systems, or facilities and an explanation
of how that modification provides an
equal or greater level of environmental
protection than the original
components, systems, or facilities;
(2) revised or new Process Flow
Diagrams, Utility Flow Diagrams, and
Heat and Material Balances for any
replaced, modified, or new components,
systems, or facilities that change or
create new process or utility flows,
pressures, temperatures, compositions,
or other conditions;
(3) revised or new plot plans and unit
plot plans that depict the location of any
modified or new components, systems,
and facilities;
(4) revised or new piping and
instrumentation diagrams that depict
the integration of any modified or new
components, systems, and facilities;
(5) the beginning and completion date
of construction of the facilities installed
and the date service commenced;
(6) a description of the contacts made,
reports produced, and results of
consultations which took place to
ensure compliance with the Endangered
Species Act, the National Historic
Preservation Act, and the Coastal Zone
Management Act;
(7) a list of all permits or approvals
from local, state, Federal, or Native
American groups or Indian agencies
required prior to and during
construction, and the status of each,
including the date filed, the date issued,
and any known obstacles to approval in
accordance with 18 CFR 380.12(o)(13);
(8) a list of all federal, state, and local
regulations and requirements that apply
to the siting, design, construction,
testing, monitoring, operation, and
maintenance of the proposed project
and an explanation of how the proposed
project will comply with the applicable
Federal regulations, including codes
and standards incorporated by reference
into Federal regulations in accordance
with 18 CFR 380.12(o)(14);

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(9) a list of all codes and standards
under which the plant (and marine
terminal, if applicable) will be sited,
designed, constructed, tested,
monitored, operated, and maintained,
and any special considerations or safety
provisions that were applied to the
design of plant components in
accordance with 18 CFR 380.12(o)(12);
(10) for activities located at LNG
terminals, a letter of concurrence from
the Department of War that the
proposed activity will have minimal
impact on military installations,
operations, or training pursuant to the
Natural Gas Act;
(11) documentation, including
images, that restoration of work areas is
progressing appropriately;
(12) a discussion of problems or
unusual construction issues, including
those identified by affected landowners,
and corrective actions taken or planned;
and
(13) if applicable, a noise survey
verifying compliance with
§ 157.106(b)(5).
(b) Information filed in paragraphs
(a)(2) through (4) meet the definition of
CEII, as defined by § 388.113(c) of this
chapter, and shall be filed in accordance
with § 388.113.
(c) If any of the information provided
in paragraphs (a)(1) or (a)(5) through
(13) is filed as CEII, as defined by
§ 388.113(c) of this chapter, or as
privileged, pursuant to § 388.112 of this
chapter, the blanket authorization
holder shall file a public summary of all
changes undertaken pursuant to blanket
authorization.
■ 10. Add § 153.108 to read as follows:
§ 153.108 LNG facilities, auxiliary systems,
and associated components at LNG
terminals and LNG plants.

(a) This section applies only to the
construction, operation, replacement,
and miscellaneous rearrangement of
LNG facilities, auxiliary systems, and
associated components for blanket
authorization holders who operate LNG
terminals authorized pursuant to section
3 of the Natural Gas Act or LNG plants
certificated pursuant to section 7 of the
Natural Gas Act.
(b) This section does not apply to the
construction, operation, replacement,
and miscellaneous rearrangement of
pipeline facilities for blanket
authorization holders who operate LNG
terminals authorized pursuant to section
3 of the Natural Gas Act governed by
§ 153.109 or pipeline facilities pursuant
to section 7 of the Natural Gas Act
governed by 18 CFR part 157.
(c) Automatic authorization.
(1) Abandonment. Blanket
authorization holders may abandon the

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following LNG facilities, auxiliary
systems, and associated components
that do not impact existing customers
under contract and do not adversely
affect the continued safety, reliability, or
environmental protection of the
remaining LNG facilities, auxiliary
systems, or associated components:
(i) LNG facilities, auxiliary systems, or
associated components that are
degraded, obsolete, or soon to be
obsolete;
(ii) LNG facilities, auxiliary systems,
or associated components that are
approaching, have reached, or have
exceeded their design and service life;
(iii) LNG facilities, auxiliary systems,
or associated components that may be
unsafe to continue to operate; and
(iv) LNG facilities, auxiliary systems,
or associated components that no longer
offer services under contract.
(2) Installation, construction,
modification, or replacement. Blanket
authorization holders may install,
construct, modify, or replace (in-kind or
upgraded) components within existing
LNG facilities and auxiliary systems
provided that the new facilities will be:
(i) located within the footprint and
the same vertical and horizontal extents
of the existing facilities previously
evaluated and authorized at the LNG
terminal or plant by the Commission, or
those previously reviewed and
approved at the LNG terminal or plant
by Commission staff as part of final
design modifications;
(ii) spaced to allow for safe
maintenance, access, and egress, and
not increase confinement and
congestion levels beyond those
previously evaluated and authorized at
the LNG terminal or plant by the
Commission, or those previously
reviewed and approved at the LNG
terminal or plant by Commission staff as
part of final design modifications; and
(iii) designed using components of the
same (in-kind or upgraded) type as
those that have been previously
evaluated and authorized at the LNG
terminal or plant by the Commission, or
as those previously reviewed and
approved at the LNG terminal or plant
by Commission staff as part of final
design modifications.
(3) Limitations. The activities
authorized by this paragraph must not:
(i) result in an increase (or be
associated with an increase) of the
authorized capacity of an LNG terminal
or plant;
(ii) result in an increase in frequency
or size of LNG marine vessels at the
LNG terminal beyond that previously
evaluated in a U.S. Coast Guard Letter
of Recommendation and considered by
the Commission;

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(iii) result in significant modification
to LNG facilities beyond what was
previously evaluated by the U.S.
Department of Transportation’s Pipeline
and Hazardous Materials Safety
Administration and considered by the
Commission;
(iv) extend outside the vertical or
horizontal extents of the LNG terminal
or plant that were previously evaluated
for visual impacts and authorized by the
Commission, previously used to notify
U.S. Department of Transportation
Federal Aviation Administration under
14 CFR part 77, and previously
evaluated as a basis for Department of
War concurrence under the Natural Gas
Act;
(v) 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;
(vi) locate the LNG facilities and
auxiliary systems closer to nuclear
power reactor facilities, which are either
operating or under construction, or for
which a construction permit has been
filed with the Nuclear Regulatory
Commission, than the distance
previously evaluated and considered by
the Commission;
(d) Prior notice. Subject to the
requirements of § 153.105 and appendix
I of this subpart, blanket authorization
holders are authorized to:
(1) install, construct, modify, or
replace (in-kind or upgraded)
components within existing LNG
facilities and auxiliary systems provided
that:
(i) the new components or auxiliary
systems will:
(A) be within the existing footprint;
(B) be spaced to allow for safe
maintenance, access, and egress, and
not increase confinement and
congestion levels beyond those
previously evaluated and authorized at
the LNG terminal or plant by the
Commission or those previously
reviewed and approved at the LNG
terminal or plant by Commission staff as
part of final design modifications; and
(C) not have a significant adverse
impact to reliability or risks to public
safety of the LNG terminal or plant
beyond those previously evaluated and
authorized by the by the Commission or
those previously reviewed and
approved at the LNG terminal or plant
by Commission staff as part of final
design modifications; and
(ii) any change in flows, levels,
volumes, pressures, temperatures,
compositions, or loads will be within

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the design limits of the new, replaced
and modified LNG facilities, auxiliary
systems, and components and will be
within the authorized design limits of
the remaining LNG facilities, auxiliary
systems, and components.
(2) expand an authorized LNG
terminal or plant by constructing new
LNG facilities, auxiliary systems, and
components provided that the new
facilities, systems, and components will:
(i) be located within the authorized
footprint of the LNG terminal or plant
or adjacent to the footprint of the LNG
terminal or plant and permanently
occupy no more than 25 additional
acres;
(ii) be located on previously disturbed
or developed land or waterways;
(iii) be located within industrial
zoned areas or areas without zoning;
(iv) be designed using the same (inkind or upgraded) LNG facilities and
auxiliary systems as those previously
evaluated and authorized at the LNG
terminal or plant; and
(v) be located in accordance with the
following criteria regarding distances
from nuclear power reactor facilities
that are operating or under construction,
or for which a construction permit has
been filed with the Nuclear Regulatory
Commission:
(A) new or modified LNG containers
with LNG storage capacities of
10,000,000 gallons (38,000 cubic meters)
or more must be 5 miles or more from
nuclear power reactor facilities;
(B) new or modified LNG containers
with LNG storage capacities of less than
10,000,000 gallons (38,000 cubic meters)
but more than 3,000,000 gallons (11,400
cubic meters) must be 3 miles or more
from nuclear power reactor facilities;
and
(C) all other new or modified LNG
containers, LNG facilities, auxiliary
systems, and associated components
must be 2 miles or more from nuclear
power reactor facilities.
(e) Contents of request. In addition to
the requirements of § 153.105(b),
requests filed for activities described
under paragraph (d) of this section shall
contain:
(1) A detailed description of the
facilities and a description of the
purpose of the proposed facilities
including their relationship to other
existing or planned facilities;
(2)
(i) For activities proposed at LNG
terminals authorized under section 3 of
the Natural Gas Act, a statement
explaining how the proposed project is
not inconsistent with the public
interest; or
(ii) for activities proposed at LNG
plants authorized under section 7 of the

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66521

Natural Gas Act, a statement explaining
how the public convenience and
necessity requires approval of the
project including a description of the
proposed project’s purpose and
beneficiaries;
(3) Process Flow Diagrams, Utility
Flow Diagrams, and Heat and Material
Balances for any replaced, modified, or
new components, systems, or facilities
that change or create new process or
utility flows, pressures, temperatures,
compositions, or other conditions in
accordance with 18 CFR 380.12(o)(10);
(4) A concise analysis discussing the
relevant issues outlined in § 380.12(a)–
(n) of this chapter. The analysis must
identify the existing environmental
conditions and the expected significant
impacts that the proposed action,
including proposed mitigation
measures, will cause to the quality of
the human environment, including
impacts expected to occur to sensitive
environmental areas. The analysis must
also include the information described
in § 380.12(k) and describe how the
proposed action will be made to comply
with applicable State Implementation
Plans developed under the Clean Air
Act, if applicable. The analysis must
also include a description of the
contacts made, reports produced, and
results of consultations which took
place to ensure compliance with the
Endangered Species Act, National
Historic Preservation Act and the
Coastal Zone Management Act. Include
a copy of the agreements received for
compliance with the Endangered
Species Act, National Historic
Preservation Act, and Coastal Zone
Management Act, or if no written
concurrence is issued, a description of
how the agency relayed its opinion to
the company. Describe how drilling for
wells and horizontal direction drilling
would be designed to meet the goal of
limiting the perceived noise at NSAs to
an Ldn of 55 dBA or what mitigation
would be offered to landowners;
(5) For requests filed pursuant to
section (d)(2), a description of any
zoning for the site of the proposed new
facilities;
(6) A commitment to having the
Environmental Inspector’s report filed
every week;
(7) A list of all permits or approvals
from local, state, Federal, or Native
American groups or Indian agencies
required prior to and during
construction, and the status of each,
including the date filed, the date issued,
and any known obstacles to approval in
accordance with 18 CFR 380.12(o)(13);
(8) A list of all federal, state, and local
regulations and requirements that apply
to the siting, design, construction,

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testing, monitoring, operation, and
maintenance of the proposed project
and an explanation of how the proposed
project will comply with the applicable
Federal regulations, including codes
and standards incorporated by reference
into Federal regulations in accordance
with 18 CFR 380.12(o)(14);
(9) A list of all codes and standards
under which the plant (and marine
terminal, if applicable) will be sited,
designed, constructed, tested,
monitored, operated, and maintained,
and any special considerations or safety
provisions that were applied to the
design of plant components in
accordance with 18 CFR 380.12(o)(12);
(10) For LNG facilities under the
jurisdiction of the U.S. Department of
Transportation’s Pipeline and
Hazardous Materials Safety
Administration (PHMSA), a letter
stating that the proposed activity
complies with the federal siting
requirements or that such compliance is
not required;
(11) For activities located at LNG
terminals, evidence that the blanket
authorization holder has submitted a
new or updated Letter of Intent and
Waterway Suitability Assessment, and
received a Letter of Recommendation
from the U.S. Coast Guard that the
waterway is suitable for any increase in
LNG marine vessel traffic frequency or
size associated with the proposed
activity or a determination that a new or
updated Letter of Intent, Waterway
Suitability Assessment, or Letter of
Recommendation is not required;
(12) For activities that exceed the
height requirements in 14 CFR 77, an
aeronautical study from the U.S.
Department of Transportation’s Federal
Aviation Administration (FAA)
concluding that there is no presumed
hazard for the proposed activity and
construction thereof. Alternatively, if a
determination of no presumed hazard
cannot be supplied at the time of filing
the prior notice request, the blanket
authorization holder shall provide
evidence that FAA has been provided
with notification in accordance with 14
CFR 77 and informed that it may protest
the request within the timeframes
described in § 153.105;
(13) For activities located at LNG
terminals, a letter of concurrence from
the Department of War that the
proposed activity will have minimal
impact on military installations,
operations, or training pursuant to the
Natural Gas Act;
(14) For activities located at LNG
terminals, any safety advisory report
from the state agency designated by the
Governor indicating the proposed
activity does not involve any state or

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local or safety concerns. Alternatively, if
a safety advisory report cannot be
supplied at the time of filing the prior
notice request, the blanket authorization
holder shall provide evidence that the
state agency designated by the Governor
has been provided with notification and
that the blanket authorization holder
has notified the state agency that it has
30 days to issue a safety report or may
protest within the timeframes described
in § 153.105;
(15) For activities located at LNG
terminals, letters from all relevant state
and local emergency response
organizations and emergency
responders responsible for offsite
emergency response in proximity to the
LNG terminal or LNG marine vessel
transit that confirm either no changes in
Emergency Response Plans, including
cost sharing plans, are needed or that
any changes in Emergency Response
Plans, including cost sharing plans,
were developed in consultation with
them for the proposed activity.
Alternatively, if such letters cannot be
supplied at the time of filing the prior
notice request, the blanket authorization
holder shall supply evidence that the
emergency response organizations and
emergency responders responsible for
offsite emergency response in proximity
to the LNG terminal or LNG marine
vessel transit, have been notified that
they may protest within the timeframes
described in § 153.105;
(16) A preliminary schedule for when
the following engineering information
would be filed with the Commission,
demonstrating that the proposed activity
continues to meet or exceed federal
regulations and meet or exceed codes
and standards identified in the
underlying authorizations for the LNG
terminal or plant or approved
equivalents. The preliminary schedule
should include filing with the
Commission all applicable revised or
new final engineering information listed
below prior to issuance for construction,
quality management plans prior to
construction, pre-commissioning plans
and results prior to commissioning,
commissioning plans and procedures
prior to commissioning, commissioning
test results prior to introduction of
hazardous fluids, and performance test
plans and results and operating and
maintenance plans and procedures prior
to commencement of service. The
engineering information to be filed, as
applicable, must include:
(i) geotechnical investigations and
studies;
(ii) natural hazard investigations and
studies;

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(iii) structural basis of design,
drawings, specifications, analyses and
calculations;
(iv) internal road vehicle protection
(e.g., guard rails, barriers, and bollards)
basis of design, drawings, specifications,
analyses, and calculations;
(v) security enclosure(s), vehicle
barriers, and access controls basis of
design, drawings, specifications,
analyses, and calculations;
(vi) security monitoring and intrusion
detection basis of design, drawings,
specifications, analyses, and
calculations;
(vii) lighting basis of design,
drawings, specifications, analyses, and
surveys;
(viii) process flow diagrams and heat
and material balances;
(ix) plot plan, unit plot plan, and
elevation drawings, or threedimensional drawings;
(x) piping and instrumentation
diagrams;
(xi) car seal and lock philosophies, car
seal and lock programs, and lists of carsealed and locked valves;
(xii) process hazard analysis,
including any hazard identification
studies, hazard and operability review,
layer of protection analyses, and safety
integrity level calculations and
verification studies;
(xiii) cause-and-effect matrices for
process instrumentation, fire and gas
detection system, or emergency
shutdown system with alarms and
shutdown functions, details of the
voting and shutdown logic, set points,
and test documentation;
(xiv) piping, flange, fitting, valve, and
insulation drawings, isometrics,
specifications, stress analyses, dynamic
pressure surge analyses, acoustical and
harmonic vibration analyses, other
analyses and calculations, and test
documentation;
(xv) process vessel drawings,
specifications, stress analyses,
calculations, and test documentation;
(xvi) rotating equipment drawings,
specifications, stress analyses, dynamic
pressure surge analyses, acoustical and
harmonic vibration analyses, other
analyses and calculations, and test
documentation;
(xvii) storage container system
drawings, specifications, analyses,
calculations, and settlement surveys,
and test documentation;
(xviii) fired equipment drawings,
specifications, analyses, and
calculations, and test documentation;
(xix) electrical single line diagrams,
schematics, layout plans, electrical area
classification drawings, specifications,
datasheets, studies, analyses,
calculations, and test documentation;

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(xx) instrumentation and control
drawings, loop diagrams, specifications,
instrumentation lists, safe operating
limits (upper and lower), control set
points, alarm setpoints, data sheets,
analyses, calculations, factory
assessment test, site acceptance test, site
integration test, and other test
documentation;
(xxi) safety instrumented system
drawings, loop diagrams, specifications,
instrumentation lists, alarm and
shutdown setpoints, emergency
shutdown valve closure times, analyses,
data sheets, calculations, factory
assessment test, site acceptance test, site
integration test and other test
documentation;
(xxii) building drawings,
specifications, analyses, ventilation
calculations, building siting
assessments, analyses, calculations, and
test documentation;
(xxiii) pressure and vacuum relief
valves basis of design, lists, sizing,
capacity, analyses, and calculations;
(xxiv) spill containment system,
including downcomers, basis of design,
drawings, specifications, analyses,
capacity calculations; and test
documentation;
(xxv) hazard detection, including
emergency shutdown button, layout
drawings, lists, specifications,
datasheets, voting logic, studies,
analyses, calculations, and test
documentation;
(xxvi) hazard control, including fixed
and wheeled dry-chemical, hand-held
fire extinguishers, fixed carbon dioxide
systems, fixed clean agent systems, and
other suppression systems drawings,
specifications, studies, analyses,
calculations, and test documentation;
(xxvii) cryogenic spill protection
drawings, specifications, analyses, and
calculations;
(xxviii) vapor barrier drawings,
specifications, analyses, and
calculations;
(xxvix) blast and fire wall drawings,
specification, analyses, and
calculations;
(xxx) passive fire protection drawings,
specifications, analyses, and
calculations;
(xxxi) firewater equipment, including
supplies, storage, pumps, shelters/
houses, post indicator valves, sectional
valves, firewater monitors, hydrants,
hose, water curtains, deluge systems,
foam systems, water-mist systems, and
sprinkler systems drawings,
specifications, analyses, calculations,
and test documentation;
(xxxii) quality management system
plans, including list of hold points and
inspection and test plans, for the owner/
operator and engineering, procurement,

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and construction contractors and
subcontractors;
(xxxiii) clean-out, dry-out, purging,
and tightness testing plans;
(xxxiv) pressure/leak procedures and
test documentation;
(xxxv) commissioning plans and
procedures;
(xxxvi) pre-startup safety procedures
and reviews;
(xxxvii) standard operating
procedures for startup, shutdown, and
cooldown, and test documentation;
(xxxviii) simultaneous operations
procedures;
(xxxix) maintenance procedures and
manuals, including hot work procedures
and permits;
(xl) preventative and predictive
maintenance program and test
schedules/frequencies, scopes, and
documentation;
(xli) offsite contractor procedures;
(xlii) management of change
procedures and forms;
(xliii) training procedures and logs;
(xliv) alarm management program and
reports;
(xlv) abnormal operating conditions
reporting procedures; and
(xlvi) Emergency Response Plans,
including cost sharing plans.
(17) For activities at LNG plants
authorized under section 7 of the
Natural Gas Act, the blanket
authorization holder must include the
information required by § 157.208(c)(6).
(f) Special conditions for prior notice
activities.
(1) Blanket authorization holders shall
not segment, separate, or divide projects
in order to meet the acreage limitation
set forth in paragraph (d)(2)(i).
(2) Prior to commissioning or
introduction of hazardous fluids for
prior notice activities, blanket
authorization holders shall request and
must receive written authorization to
proceed from the Director of the Office
of Energy Projects, or the Director’s
designee. Instrumentation and control,
hazard detection, hazard control,
security and other components, systems,
or facilities necessary for the safe and
secure introduction of such fluids shall
be installed and functional;
(3) Prior to placing prior notice
activities in service, blanket
authorization holders shall request and
must receive written authorization from
the Director of Office of Energy Projects,
or the Director’s designee. Such
authorization will only be granted
following a determination that the
facilities that have been constructed can
be expected to operate safely as
designed, and the rehabilitation and
restoration of areas affected by the
project are proceeding satisfactorily;

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(4) Within 30 days of placing prior
notice activities in service, blanket
authorization holders shall file an
affirmative statement, certified by a
senior company official, confirming that
the prior notice activities have been
installed in compliance with all
applicable conditions, and that
continuing activities will continue to be
consistent with all applicable
conditions; and
(5) For prior notice activities,
throughout the planned modification,
construction, and operational life of
replacements, modifications and new
components, systems, and facilities,
blanket authorization holders must file
revised or new engineering information
in accordance with the schedule of
filing submitted pursuant to paragraph
(e)(16) to demonstrate they meet or
exceed federal regulations and meet or
exceed codes and standards identified
in the underlying authorizations or
approved equivalents.
■ 11. Add § 153.109 to read as follows:
§ 153.109 Pipeline facilities at LNG
terminals and plants.

(a) This section applies only to the
construction, operation, replacement,
and miscellaneous rearrangement of
pipeline facilities for blanket
authorization holders who operate LNG
terminals authorized pursuant to section
3 of the Natural Gas Act.
(b) This section does not apply to
construction, operation, replacement,
and miscellaneous rearrangement of
LNG facilities or auxiliary systems for
blanket authorization holders that
operate LNG terminals authorized
pursuant to section 3 of the Natural Gas
Act or to blanket authorization holders
who operate LNG plants authorized
pursuant to section 7 of the Natural Gas
Act.
(c) Automatic Authorization.
(1) If the project cost does not exceed
the cost limitations set forth in column
1 of table 1 to § 157.208(d), or if the
project is required to restore service in
an emergency, the blanket authorization
holder is authorized to make
miscellaneous rearrangements, abandon,
acquire, construct, modify, replace, or
operate any pipeline facility.
(2) The blanket authorization holder
may acquire, construct, replace, modify,
or operate any receipt or delivery point.
(d) Prior Notice. If the project cost is
greater than the amount specified in
column 1 of table 1 to § 157.208(d), but
less than the amount specified in
column 2 of table 1 to § 157.208(d), the
blanket authorization holder is
authorized to make miscellaneous
rearrangements, abandon, acquire,
construct, modify, replace, or operate

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any pipeline facility, subject to the
requirements of § 153.105.
(e) In addition to the requirements of
§ 153.105(c), a request for activities
described under paragraph (d) of this
section shall contain:
(1) the information required in
§ 157.208(c)(1) through (5) and (9)
through (10); and
(2) a statement explaining how the
proposed project is not inconsistent
with the public interest.
(f) Blanket authorization holders shall
not segment, separate, or divide projects
in order to meet the cost limitations set
forth in this section.
(g) In the interest of safety and
reliability of service, facilities
authorized by this section shall not be
operated at pressures exceeding the
maximum operating pressure set forth
in the request. In the event that the
blanket authorization holder thereafter
wishes to change the maximum
operating pressure of facilities
constructed under this section, it shall
file an appropriate request pursuant to
the procedures set forth in § 157.105(b).
Such request shall include the reasons
for the proposed change. Nothing
contained herein authorizes the
certificate holder to operate any facility
at a pressure above the maximum
prescribed by State law, if such law
requires a lower pressure than
authorized hereby.
(h) If the actual cost of the project
exceeds the per-project cost authorized
by this section, the blanket
authorization holder shall apply to the
Director of the Office of Energy Projects
for a waiver of those project cost limits.
■ 12. Add Appendix I to Subpart E of
Part 153.
Appendix I—Management of Change
for Significant Adverse Impacts on
Reliability or Public Safety

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For activities authorized by 18 CFR
153.108(d), blanket authorization holders
must provide management of change (MOC)
documentation of the modification that
impacts the engineering information in 18
CFR 153.108(e)(16). The MOC documentation
shall verify that the following layers of

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protection provide an equal or greater level
of protection as those previously evaluated
and authorized at the LNG terminal or plant
by the Commission, or as those previously
reviewed and approved at the LNG terminal
or plant by Commission staff as part of final
design:
(a) design of basic process control systems
(BPCS), safety instrumented systems (SIS), or
applicable instrumentation and control
systems;
(b) design and sizing scenarios for pressure
and vacuum relief devices, including flare
and vent systems;
(c) mechanical designs of components
including fluid velocity, dynamic hydraulic
surge from valve closures and pumps as well
as flow and acoustic induced vibrations;
(d) minimum specification for design metal
temperature (MDMT), maximum design
temperature (MDT), maximum design
pressures (MDP), maximum allowable
operating pressure (MAOP), maximum
allowable working pressure (MAWP) of
components, and corrosion allowances;
(e) design and sizing for spill containment
and impoundment systems;
(f) spacing and plant layout of LNG
facilities and auxiliary systems;
(g) design of ignition controls including
electrical area classification and building
ventilation systems;
(h) design of hazard detection systems;
(i) design of emergency shutdown systems,
and depressurization or blowdown systems;
(j) design of hazard control systems
including layout and travel distance for
portable extinguishers;
(k) design to mitigate impacts of cryogenic
spills, overpressures, projectiles, fires, or
other accidental or intentional external
impacts that could increase risk to safety;
(l) design and location of cryogenic spill
protection, vapor barriers, blast walls, blast
resistant buildings or structures, fire walls,
radiant heat shields, passive fire protection
systems, or other passive protection systems
to prevent cascading damage;
(m) design of firewater systems including
firewater location, design densities, capacity,
and coverage;
(n) design of structural components
including any increases in loading from
natural hazards and any larger LNG marine
vessels;
(o) scalable procedures in Emergency
Response Plans; and
(p) any other studies and/or reports
applicable to the modifications.

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PART 375—THE COMMISSION
■ 1. The Authority for this section

continues to read:
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717w, 3301–3432; 16 U.S.C. 791–825r,
2601–2645; 42 U.S.C. 7101–7352.
■ 2. Revise § 375.308 to read as follows:

§ 375.308 Delegations to the Director of
the Office of Energy Projects.

*

*
*
*
*
(v) * * *
(6) To dismiss any protest to prior
notice filings made pursuant to
§§ 153.105 or 157.205 of this chapter
and involving pipeline facilities or LNG
facilities and auxiliary systems that does
not raise a substantive issue and fails to
provide any specific detailed reason or
rationale for the objection;
* * *
(8) Applications for blanket
certificates of public convenience and
necessity pursuant to subpart F of part
157 of this chapter, including waiver of
project cost limitations in §§ 157.208
and 157.215 of this chapter;
applications for blanket certificates of
public convenience and necessity or
blanket authorizations pursuant to
subpart E of part 153 of this chapter,
including waiver of project cost
limitations in § 153.109; and the
convening of informal conferences
during the 30-day reconciliation period
pursuant to the procedures in
§§ 153.105(f) and 157.205(f).
(w) * * *
(5) Requests for waiver of the
landowner notification and local
municipality notification requirements
in § 153.103(d) or landowner
notification requirements in
§ 157.203(d) of this chapter.
(x) * * *
(5) To reject requests which patently
fail to comply with the provisions of
§§ 153.105(b) or 157.205(b) of this
chapter;
* * *
*
*
*
*
*
BILLING CODE 6717–01–P

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[FR Doc. 2026–21443 Filed 10–19–26; 8:45 am]

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