[Federal Register Volume 90, Number 62 (Wednesday, April 2, 2025)]
[Rules and Regulations]
[Pages 14411-14412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05592]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 62 / Wednesday, April 2, 2025 / Rules
and Regulations
[[Page 14411]]
DEPARTMENT OF ENERGY
10 CFR Part 590
Rescission of Policy Statement on Export Commencement Deadlines
in Authorizations To Export Natural Gas to Non-Free Trade Agreement
Countries
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Docket No.
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Lake Charles Exports, LLC................ 11-59-LNG
Gulf LNG Liquefaction Company, LLC....... 12-101-LNG
Golden Pass LNG Terminal LLC............. 12-156-LNG
Lake Charles LNG Export Co., LLC......... 13-04-LNG
Delfin LNG LLC........................... 13-147-LNG
Alaska LNG Project LLC................... 14-96-LNG
Texas LNG Brownsville LLC................ 15-62-LNG
Cameron LNG, LLC......................... 15-90-LNG
Port Arthur LNG, LLC..................... 15-96-LNG
Rio Grande LNG, LLC...................... 15-190-LNG
Lake Charles LNG Export Co., LLC......... 16-109-LNG
Lake Charles Exports, LLC................ 16-110-LNG
Louisiana LNG Infrastructure LLC......... 16-144-LNG
Freeport LNG Expansion, L.P. & FLNG 18-26-LNG
Liquefaction 4, LLC.
Mexico Pacific Limited LLC............... 18-70-LNG
ECA Liquefaction, S. de R.L. de C.V...... 18-144-LNG
Commonwealth LNG, LLC.................... 19-134-LNG
Energ[iacute]a Costa Azul, S. de R.L. de 18-145-LNG
C.V.
Epcilon LNG LLC.......................... 20-31-LNG
Vista Pacifico LNG, S.A.P.I. de C.V...... 20-153-LNG
Venture Global CP2 LNG, LLC.............. 21-131-LNG
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AGENCY: Office of Fossil Energy and Carbon Management, Department of
Energy.
ACTION: Rescission of policy statement.
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SUMMARY: The Department of Energy (DOE) is rescinding the Policy
Statement on Export Commencement Deadlines in Authorizations to Export
Natural Gas to Non-Free Trade Agreement Countries issued on April 26,
2023 (Policy Statement). Henceforth, DOE will consider applications to
extend an authorization holder's export commencement deadline and grant
such extensions for good cause shown on a case-by-case basis, an
approach consistent with DOE's practice prior to the issuance of the
Policy Statement.
DATES: This rescission is applicable on April 2, 2025.
FOR FURTHER INFORMATION CONTACT: Amy Sweeney or Jennifer Wade, U.S.
Department of Energy (FE-34), Office of Regulation, Analysis, and
Engagement, Office of Fossil Energy and Carbon Management, Forrestal
Building, Room 3E-042, 1000 Independence Avenue SW, Washington, DC
20585; (202) 586-2627 or (202) 586-4749; [email protected] or
[email protected]; Irene V. Norville, U.S. Department of Energy
(GC-76), Office of the Assistant General Counsel for Energy Delivery
and Resilience, Forrestal Building, Room 6D-033, 1000 Independence
Avenue SW, Washington, DC 20585; [email protected].
SUPPLEMENTARY INFORMATION: DOE is responsible for authorizing exports
of domestically produced natural gas, including liquefied natural gas
(LNG), to foreign countries under section 3 of the Natural Gas Act
(NGA).\1\ On April 26, 2023, DOE issued a Policy Statement applying to
existing and future authorizations for the export of natural gas to
countries with which the United States does not have a free trade
agreement (FTA) requiring national treatment for trade in natural gas
and with which trade is not prohibited by U.S. law or policy (non-FTA
countries). Under this Policy Statement, DOE would allow authorizations
to expire on the export commencement deadline originally set forth in
the authorizing order, and would not consider an application for an
extension of the commencement deadline, unless the authorization holder
demonstrated both that (1) it has physically commenced construction on
the associated export facility and (2) its inability to comply with the
existing export commencement deadline is the result of extenuating
circumstances outside of its control.\2\ In the Policy Statement, DOE
stated that an authorization holder unable to make this demonstration,
and failing to meet its commencement deadline, would be required to
submit a new non-FTA application, which would be considered without
prejudice.\3\
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\1\ 15 U.S.C. 717b. The Secretary's authority was established by
the Department of Energy Organization Act, 42 U.S.C. 7151(b), which
transferred jurisdiction over import and export authorizations from
the Federal Power Commission to the Secretary of Energy; see also 42
U.S.C. 7172(f). The authority to regulate the imports and exports of
natural gas, including LNG, under NGA section 3 has been delegated
to the Assistant Secretary for Fossil Energy and Carbon Management
(FECM) in Redelegation Order No. S4-DEL-FE1-2023, issued on April
10, 2023.
\2\ 88 FR 25272 (Apr. 26, 2023).
\3\ See id. at 88 FR 25278.
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Based on a review, DOE has concluded that the Policy Statement does
not align with policies set forth in Executive Order 14154 of January
20, 2025, Unleashing American Energy,\4\ which directs agencies to
review and suspend, revise, or rescind actions that unduly burden the
development of domestic energy resources, with particular attention to
natural gas, among other resources.\5\ Specifically, DOE has determined
that the Policy Statement poses an undue burden by placing strict
criteria on natural gas export authorization holders seeking extensions
to their commencement deadlines and demanding significant time and
resources from authorization holders that would be required to submit
new non-FTA applications if unable to meet the criteria under the
Policy Statement.
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\4\ 90 FR 8353 (Jan. 29, 2025).
\5\ Id. at 90 FR 8354 (Sec. 3). Section 8(a) of the Executive
order also directs the Secretary of Energy to restart reviews of
applications for approvals of liquified natural gas export projects
as expeditiously as possible, consistent with applicable law. Id. at
90 FR 8357.
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Therefore, DOE is rescinding the Policy Statement, effective April
2, 2025. Going forward, DOE will consider applications to extend an
authorization holder's export commencement deadline and grant such
extensions for good cause shown on a case-by-case basis consistent with
DOE's practice prior to the issuance of the Policy Statement. An
authorization holder seeking to apply for an extension of the
commencement deadline should submit its application to DOE at least 90
days prior to the export commencement deadline in its non-FTA order.\6\
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\6\ 10 CFR 590.201(b) (``Applications shall be filed at least
ninety (90) days in advance of the proposed import or export or
other requested action, unless a later date is permitted for good
cause shown.'').
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Signing Authority
This document of the Department of Energy was signed on March 27,
2025, by Talat Goudarzi, Principal Deputy Assistant Secretary, Office
of Fossil Energy and Carbon Management, pursuant to delegated authority
from the
[[Page 14412]]
Secretary of Energy. That document with the original signature and date
is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on March 28, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-05592 Filed 4-1-25; 8:45 am]
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