National Environmental Policy Act Implementing Procedures, 25340-25344 [2020-08511]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Proposed Rules]
[Pages 25340-25344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08511]


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DEPARTMENT OF ENERGY

10 CFR Part 1021

[DOE-HQ-2020-0017]
RIN 1990-AA49


National Environmental Policy Act Implementing Procedures

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: The U.S. Department of Energy (DOE or the Department) proposes 
to update its National Environmental Policy Act (NEPA) implementing 
procedures regarding authorizations issued under section 3 of the 
Natural Gas Act. These changes will improve the efficiency of the DOE 
decision-making process by saving time and money in the NEPA review 
process and eliminating unnecessary environmental documentation. DOE 
invites public comments on the proposed changes.

DATES: Comments must be received by (or, if mailed, postmarked by) June 
1, 2020 to ensure consideration.

ADDRESSES: Documents relevant to this rulemaking are posted on the 
Federal eRulemaking Portal at https://www.regulations.gov (Docket: DOE-
HQ-2020-0017). Documents posted to this docket include: This notice of 
proposed rulemaking; DOE's ``Technical Support Document'' which 
provides additional information; and a ``redline/strikeout'' (markup) 
file of affected sections of the DOE NEPA regulations indicating the 
changes proposed in this proposed rule.
    Submit comments, labeled ``DOE NEPA/NG Procedures, RIN 1990-AA49,'' 
by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the online instructions for submitting comments electronically. This

[[Page 25341]]

rulemaking is assigned Docket: DOE-HQ-2020-0017.
    2. Postal Mail: Mail comments to Office of NEPA Policy and 
Compliance (GC-54), ATTN: NEPA/NG Procedures (RIN 1990-AA49), U.S. 
Department of Energy, 1000 Independence Avenue SW, Washington, DC 
20585. Because security screening may delay mail sent through the U.S. 
Postal Service, DOE encourages electronic submittal of comments through 
the Federal eRulemaking Portal.

FOR FURTHER INFORMATION CONTACT: For questions concerning how to 
comment on this proposed rule, contact Yardena Mansoor, Office of NEPA 
Policy and Compliance, at [email protected] or 800-472-
2756. For detailed information on submitting comments, see ``How may 
the public comment on DOE's proposed changes?''.

SUPPLEMENTARY INFORMATION: DOE is responsible for authorizing exports 
of domestically produced natural gas to foreign countries under section 
3 of the Natural Gas Act (NGA).\1\ Section 3(a) of the NGA requires DOE 
to issue an order authorizing natural gas exports unless it finds that 
such an order ``will not be consistent with the public interest.'' DOE 
complies with NEPA \2\ before reaching a final decision on applications 
to export natural gas to countries with which the United States does 
not have a free trade agreement requiring national treatment for trade 
in natural gas (non-FTA countries).
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    \1\ 15 U.S.C. 717b.
    \2\ 42 U.S.C. 4321 et seq.
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    DOE authorization also is required for imports of natural gas under 
section 3(a) of the NGA. However, section 3(c) of the NGA was amended 
by section 201 of the Energy Policy Act of 1992 \3\ to require that 
applications to authorize the import of natural gas (as well as the 
export of natural gas to FTA countries) be ``deemed consistent with the 
public interest, and . . . granted without modification or delay.'' 
This requirement leaves DOE with no discretion in its approvals of 
natural gas imports, as they are deemed to be in the public interest. 
Accordingly, DOE proposes to remove the reference to authorizations to 
import natural gas from its NEPA regulations consistent with the legal 
principle that an agency is not required to prepare a NEPA analysis 
when it has no discretion in its action.
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    \3\ EPACT 1992, Public Law 102-486.
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    In addition, with regard to authorizations for export to non-FTA 
countries, DOE proposes to revise its regulations consistent with the 
legal principle that potential environmental effects considered under 
NEPA do not include effects that the agency has no authority to 
prevent, because they would not have a sufficiently close causal 
connection to the proposed action.\4\ Here, DOE's proposed action is 
authorization of natural gas exports.
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    \4\ See Dep't of Transp. v. Pub. Citizen, 541 U.S. 752 (2004); 
Sierra Club v. Fed. Energy Regulatory Comm'n, 827 F.3d 36 (D.C. Cir. 
2016).
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    The statutory term ``export'' is not defined in the NGA. In 
adjudications under NGA section 3(a), however, DOE has construed an 
``export'' of LNG from the United States as occurring ``when the LNG is 
delivered to the flange of the LNG export vessel.'' \5\ To ensure that 
DOE's NEPA regulations are consistent with this longstanding practice, 
DOE will focus exclusively on NEPA review of potential environmental 
impacts resulting from actions occurring at or after the point of 
export.\6\
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    \5\ See, e.g., Freeport LNG Expansion L.P., et al., DOE/FE Order 
No. 3282-C, FE Docket No. 10-161-LNG, Final Opinion and Order 
Granting Long-Term, Multi-Contract Authorization to Export Liquefied 
Natural Gas by Vessel from the Freeport LNG Terminal on Quintana 
Island, Texas, to Non-Free Trade Agreement Nations, at 23 (Nov. 14, 
2014) (``Export occurs when the LNG is delivered to the flange of 
the LNG export vessel.'') (citing Dow Chem. Co., DOE/FE Order No. 
2859, FE Docket No. 10-57-LNG, Order Granting Blanket Authorization 
to Export Liquefied Natural Gas, at 1 (Oct. 5, 2010)).
    \6\ This scope of analysis is also consistent with decisions in 
recent years of the U.S. Court of Appeal for the District of 
Columbia Circuit (D.C. Circuit), which recognized that DOE 
``maintains exclusive jurisdiction over the export of natural gas as 
a commodity.'' Sierra Club v. Fed. Energy Regulatory Comm'n, 827 
F.3d 36, 40 (2016). Specifically, the D.C. Circuit observed that the 
Federal Energy Regulatory Commission (FERC) has an obligation to 
comply with the NGA and NEPA with respect to its decisions to 
authorize the construction of LNG terminals, whereas DOE has an 
independent obligation ``to consider the environmental impacts of 
its export authorization decision under NEPA and determine whether 
it satisfied the Natural Gas Act's `public interest' test.'' Sierra 
Club v. U.S. Dep't of Energy, 867 F.3d 189, 192 (D.C. Cir. 2017).
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    Additionally, this proposed rulemaking is consistent with two life 
cycle analyses (LCAs) that DOE commissioned to calculate the life cycle 
greenhouse gas (GHG) emissions for LNG exported from the United States. 
DOE commissioned both the original LCA GHG Report, published in 
2014,\7\ and an updated LCA GHG Report, published in 2019,\8\ to 
evaluate environmental aspects of the LNG export chain under NGA 
section 3(a). Both Reports concluded that the use of U.S. LNG exports 
for power production in European and Asian markets will not increase 
global GHG emissions from a life cycle perspective, when compared to 
regional coal extraction and consumption for power production.\9\ DOE 
has used these Reports to support its public interest determination 
regarding a proposed export. These Reports are not, however, part of 
DOE's NEPA reviews because the regasification and ultimate burning of 
LNG in foreign countries are beyond the scope of DOE's NEPA review.
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    \7\ See U.S. Dep't of Energy, Life Cycle Greenhouse Gas 
Perspective on Exporting Liquefied Natural Gas From the United 
States, 79 FR 32260 (June 4, 2014) (LCA GHG Report).
    \8\ See U.S. Dep't of Energy, Life Cycle Greenhouse Gas 
Perspective on Exporting Liquefied Natural Gas From the United 
States; Notice of Availability of Report Entitled Life Cycle 
Greenhouse Gas Perspective on Exporting Liquefied Natural Gas From 
the United States: 2019 Update and Request for Comments, 84 FR 49278 
(Sept. 19, 2019) (LCA GHG Update).
    \9\ See, e.g., U.S. Dep't of Energy, Life Cycle Greenhouse Gas 
Perspective on Exporting Liquefied Natural Gas From the United 
States: 2019 Update--Response to Comments, 85 FR 72, 78, 85 (Jan. 2, 
2020).
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What parts of DOE's current NEPA regulations does DOE propose to amend?

    DOE's current NEPA regulations list classes of actions for each 
level of NEPA review.\10\ Five of these classes regard applications to 
import or export natural gas to a non-FTA country. There are two 
categorical exclusions: B5.7 (Import or export of natural gas, with 
operational changes) and B5.8 (Import or export of natural gas, with 
new cogeneration powerplant); one class of actions normally requiring 
an EA: C13 (Import or export natural gas involving minor new 
construction); and two classes of action normally requiring an EIS: D8 
(Import or export of natural gas involving major new facilities) and D9 
(Import or export of natural gas involving major operational 
change).\11\
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    \10\ There are three levels of NEPA review established in the 
Council on Environmental Quality's (CEQ's) NEPA implementing 
regulations (40 CFR parts 1500-1508)--categorical exclusion, 
environmental assessment (EA), and environmental impact statement 
(EIS)--each involving different levels of information and analysis.
    \11\ See 10 CFR 1021.410 and subpart D.
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What changes does DOE propose?

    DOE proposes to revise the classes of action in its NEPA 
regulations regarding authorizations under section 3 of the NGA 
consistent with the legal principle enunciated in Public Citizen and 
Sierra Club \12\ that potential environmental effects considered under 
NEPA do not include effects that the agency has no authority to 
prevent. DOE's authority under Section 3 of the NGA is limited to 
authorization of exports of natural gas. Therefore, DOE need not review 
potential environmental impacts associated with the construction or

[[Page 25342]]

operation of natural gas export facilities because DOE lacks authority 
to approve the construction or operation of those facilities. DOE's 
review is properly focused on potential environmental impacts resulting 
from the exercise of its NGA section 3 authority. These impacts occur 
at or after the point of export.
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    \12\ See Dep't of Transp. v. Pub. Citizen, 541 U.S. 752 (2004); 
Sierra Club v. Fed. Energy Regulatory Comm'n, 827 F.3d 36 (D.C. Cir. 
2016).
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    Accordingly, DOE proposes to revise the scope of categorical 
exclusion B5.7 by deleting the reference to operation of natural gas 
facilities. The revised B5.7 would include a new statement that the 
scope includes any ``associated transportation of natural gas by marine 
vessel,'' which is the only source of potential environmental impacts 
associated with DOE's decision regarding authorizations under section 3 
of the NGA. Based on prior NEPA reviews and technical reports, DOE has 
determined that transport of natural gas by marine vessel normally does 
not pose the potential for significant environmental impacts. (See 
Technical Support Document.)
    DOE also proposes to remove the reference to import authorizations 
from B5.7 because section 3(c) of the Natural Gas Act directs that 
authorization requests to import natural gas ``shall be granted without 
modification or delay.'' DOE is not required to prepare NEPA analysis 
when it has no discretion in its action.\13\
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    \13\ 15 U.S.C. 717b(c).
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    Finally, DOE proposes to remove and reserve categorical exclusion 
B5.8 and classes of action C13, D8, and D9. These would no longer be 
needed with the proposed changes to categorical exclusion B5.7.

How does DOE make a categorical exclusion determination?

    The proposed revision to B5.7 would be subject to the same 
conditions as other categorical exclusions listed in appendix B to 
subpart D of DOE's NEPA regulations. Before a proposed action such as 
an export authorization may be categorically excluded, DOE must 
determine in accordance with 10 CFR 1021.410(b) that: (1) The proposed 
action fits within a categorical exclusion listed in appendix A or B to 
subpart D; (2) there are no extraordinary circumstances related to the 
proposal that may affect the significance of the environmental impacts 
of the proposed action; and (3) the proposal has not been segmented to 
meet the definition of a categorical exclusion, there are no connected 
or related actions with cumulatively significant impacts and the 
proposed action is not precluded as an impermissible interim 
action.\14\
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    \14\ 40 CFR 1506.1 and 10 CFR 1021.211.
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    In addition, to fit within a class of actions in appendix B 
(including B5.7), a proposed action must satisfy certain conditions 
known as ``integral elements'' (appendix B, paragraphs (1) through 
(5)). These conditions ensure that a proposed action would not have the 
potential to cause significant environmental impacts--for example, due 
to a threatened violation of applicable environmental, safety, and 
health requirements, or by disturbing hazardous substances such that 
there would be uncontrolled or unpermitted releases.

How may the public comment on DOE's proposed changes?

    DOE invites interested persons to participate in this proposed 
rulemaking by submitting comments on the proposed rule and on the 
supporting information for proposed changes set forth in the preamble 
and the Technical Support Document, including on industry experience 
with marine transport of natural gas. As appropriate, comments should 
refer to the specific section of the proposed rule to which the comment 
applies, identify a comment as a general comment, or identify a comment 
as a new proposal.
    DOE will consider all timely comments received in response to this 
notice of proposed rulemaking.
    Comments may be submitted by one of the methods in the ADDRESSES 
section of this proposed rule. Comments received will be included in 
the administrative record and will be made available online at https://www.regulations.gov, including any personal information provided, 
unless the comment includes information specifically identified as 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Information that you consider to 
be CBI or otherwise protected should be submitted by mail, not through 
https://www.regulations.gov. If you submit information that you believe 
to be exempt by law from public disclosure, you should mail one 
complete copy, as well as one copy from which the information claimed 
to be exempt by law from public disclosure has been redacted. Please 
include written justification as to why the redacted information is 
exempt from disclosure. DOE is responsible for the final determination 
with regard to disclosure or nondisclosure of the information and for 
treating it accordingly under the DOE Freedom of Information Act 
regulations (10 CFR 1004.11).
    The Federal eRulemaking Portal is an ``anonymous access'' system, 
which means DOE will not know your contact information unless you 
provide it. If you choose not to provide contact information and DOE 
cannot read your comment due to technical difficulties, DOE may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters and any form of encryption, and be free of any 
defects or viruses.

Procedural Requirements

A. Review Under Executive Order 12866

    This proposed rule has been determined not to be a significant 
regulatory action under E.O. 12866, ``Regulatory Planning and Review,'' 
58 FR 51735 (October 4, 1993). Accordingly, this action was not subject 
to review under that Executive Order by the Office of Information and 
Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB).

B. Review Under National Environmental Policy Act

    The requirements for Federal agencies to establish NEPA 
implementing procedures are set forth in the CEQ regulations at 40 CFR 
1505.1 and 40 CFR 1507.3. DOE NEPA procedures assist the Department in 
the fulfillment of its responsibilities under NEPA but are not final 
determinations of the level of NEPA analysis required for particular 
actions. The CEQ regulations do not require agencies to prepare a NEPA 
analysis before establishing or updating agency procedures for 
implementing NEPA. DOE has determined that the proposed revision would 
not have a significant effect on the environment because it would not 
authorize any activity or commit resources to a project that may affect 
the environment. Therefore, DOE does not intend to conduct a NEPA 
analysis of these proposed regulations.

C. Review Under Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by E.O. 13272, ``Proper Consideration of Small Entities in Agency 
Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published procedures 
and policies on February 19, 2003, to ensure that the potential impacts 
of its rules on small entities are properly considered during the 
rulemaking process (68 FR 7990).

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DOE has made its procedures and policies available on the Office of the 
General Counsel's website: https://energy.gov/gc.
    DOE has reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. The proposed rule would not directly regulate small 
entities. The proposed revisions to 10 CFR part 1021 would revise the 
scope of categorical exclusion B5.7 by removing reference to operation 
of natural gas facilities and adding ``transportation of natural gas by 
marine vessel.'' The proposed revisions would also focus on the export 
of natural gas because imports are deemed by law to be in the public 
interest. The proposal is intended to appropriately focus DOE's NEPA 
analysis for natural gas export applications, and does not impose any 
new requirements on small entities. DOE anticipates that the rule could 
reduce the burden on applicants for conducting environmental reviews.
    On the basis of the foregoing, DOE certifies that this proposed 
rule, if adopted, would not have a significant economic impact on a 
substantial number of small entities. Accordingly, DOE has not prepared 
a regulatory flexibility analysis for this proposed rulemaking. DOE's 
certification and supporting statement of factual basis will be 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration pursuant to 5 U.S.C. 605(b).

D. Review Under Paperwork Reduction Act

    This proposed rulemaking will impose no new information or record-
keeping requirements. Accordingly, OMB clearance is not required under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

E. Review Under Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires Federal agencies to examine closely the impacts of regulatory 
actions on state, local, and tribal governments. Subsection 101(5) of 
title I of that law defines a Federal intergovernmental mandate to 
include any regulation that would impose upon state, local, or tribal 
governments an enforceable duty, except a condition of Federal 
assistance or a duty arising from participating in a voluntary Federal 
program. Title II of that law requires each Federal agency to assess 
the effects of Federal regulatory actions on state, local, and tribal 
governments, in the aggregate, or to the private sector, other than to 
the extent such actions merely incorporate requirements specifically 
set forth in a statute. Section 202 of that title requires a Federal 
agency to perform a detailed assessment of the anticipated costs and 
benefits of any rule that includes a Federal mandate which may result 
in costs to state, local, or tribal governments, or to the private 
sector, of $100 million or more in any one year (adjusted annually for 
inflation) (2 U.S.C. 1532(a) and (b)). Section 204 of that title 
requires each agency that proposes a rule containing a significant 
Federal intergovernmental mandate to develop an effective process for 
obtaining meaningful and timely input from elected officers of state, 
local, and tribal governments (2 U.S.C. 1534).
    The proposed rule would amend DOE's existing regulations governing 
compliance with NEPA to update DOE's regulations consistent with 
controlling legal principle. The proposed rule would not result in the 
expenditure by state, local, and tribal governments in the aggregate, 
or by the private sector, of $100 million or more in any one year. 
Accordingly, no assessment or analysis is required under the Unfunded 
Mandates Reform Act of 1995.

F. Review Under Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any proposed rule that may affect family 
well-being. The proposed rule would not have any impact on the autonomy 
or integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

G. Review Under Executive Order 13132

    E.O. 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999), imposes 
certain requirements on agencies formulating and implementing policies 
or regulations that preempt state law or that have federalism 
implications. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the states and carefully assess the 
necessity for such actions. DOE has examined this proposed rule and has 
determined that it would not preempt state law and would not have a 
substantial direct effect on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government. No further 
action is required by E.O. 13132.

H. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on Executive 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; and (3) provide a clear legal standard for 
affected conduct rather than a general standard and promote 
simplification and burden reduction. With regard to the review required 
by section 3(a), section 3(b) of E.O. 12988 specifically requires that 
Executive agencies make every reasonable effort to ensure that the 
regulation: (1) Clearly specifies the regulation's preemptive effect, 
if any; (2) clearly specifies any effect on existing Federal law or 
regulation; (3) provides a clear legal standard for affected conduct 
while promoting simplification and burden reduction; (4) specifies the 
retroactive effect, if any; (5) adequately defines key terms; and (6) 
addresses other important issues affecting clarity and general 
draftsmanship under any guidelines issued by the Attorney General. 
Section 3(c) of E.O. 12988 requires Executive agencies to review 
regulations in light of applicable standards in section 3(a) and 
section 3(b) to determine whether they are met or it is unreasonable to 
meet one or more of them. DOE has completed the required review and 
determined that, to the extent permitted by law, the proposed rule 
meets the relevant standards of E.O. 12988.

I. Review Under Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516 note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB.
    OMB's guidelines were published at 67 FR 8452 (February 22, 2002), 
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). 
DOE has reviewed this proposed rule under the OMB and DOE guidelines 
and has concluded that it is consistent with applicable policies in 
those guidelines.

J. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply,

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Distribution, or Use,'' 66 FR 28355 (May 22, 2001), requires Federal 
agencies to prepare and submit to OMB a Statement of Energy Effects for 
any proposed significant energy action. A ``significant energy action'' 
is defined as any action by an agency that promulgated or is expected 
to lead to promulgation of a final rule, and that: (1)(i) Is a 
significant regulatory action under E.O. 12866, or any successor order, 
and (ii) is likely to have a significant adverse effect on the supply, 
distribution, or use of energy; or (2) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use. 
This regulatory action would not have a significant adverse effect on 
the supply, distribution, or use of energy, and is therefore not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

K. Review Under Executive Order 12630

    DOE has determined pursuant to E.O. 12630, ``Governmental Actions 
and Interference with Constitutionally Protected Property Rights,'' 53 
FR 8859 (March 18, 1988), that this proposed rule would not result in 
any takings that might require compensation under the Fifth Amendment 
to the United States Constitution.

L. Review Under Executive Orders 13771 and 13777

    On January 30, 2017, the President issued E.O. 13771, ``Reducing 
Regulation and Controlling Regulatory Costs.'' E.O. 13771 states that 
the policy of the executive branch is to be prudent and financially 
responsible in the expenditure of funds, from both public and private 
sources. E.O. 13771 states that it is essential to manage the costs 
associated with the governmental imposition of private expenditures 
required to comply with Federal regulations.
    Additionally, on February 24, 2017, the President issued E.O. 
13777, ``Enforcing the Regulatory Reform Agenda.'' E.O. 13777 requires 
the head of each agency to designate an agency official as its 
Regulatory Reform Officer (RRO). Each RRO oversees the implementation 
of regulatory reform initiatives and policies to ensure that agencies 
effectively carry out regulatory reforms, consistent with applicable 
law. Further, E.O. 13777 requires the establishment of a regulatory 
task force at each agency. The regulatory task force is required to 
make recommendations to the agency head regarding the repeal, 
replacement, or modification of existing regulations, consistent with 
applicable law. At a minimum, each regulatory reform task force must 
attempt to identify regulations that:
    (i) Eliminate jobs, or inhibit job creation;
    (ii) Are outdated, unnecessary, or ineffective;
    (iii) Impose costs that exceed benefits;
    (iv) Create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies;
    (v) Are inconsistent with the requirements of Information Quality 
Act, or the guidance issued pursuant to that Act, in particular those 
regulations that rely in whole or in part on data, information, or 
methods that are not publicly available or that are insufficiently 
transparent to meet the standard for reproducibility; or
    (vi) Derive from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.
    DOE initially concludes that this rulemaking is consistent with the 
directives set forth in these Executive Orders. This proposed rule 
would update and improve efficiency in DOE's implementation of NEPA by 
appropriately focusing DOE's NEPA analysis for natural gas export 
applications and eliminating certain requirements of its existing 
regulations that are unnecessary.

Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking.

List of Subjects in 10 CFR Part 1021

    Environmental impact statements.

Signing Authority

    This document of the Department of Energy was signed on April 16, 
2020, by William S. Cooper III, General Counsel, pursuant to delegated 
authority from the 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 April 17, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
part 1021 of Chapter X of Title 10 of the Code of Federal Regulations 
as set forth below:

PART 1021--NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING 
PROCEDURES

0
1. The authority citation for part 1021 continues to read as follows:

    Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. 4321 et seq.; 50 
U.S.C. 2401 et seq.

0
2. Appendix B to subpart D of part 1021 is amended by:
0
a. Revising section B5.7; and
0
b. Removing and reserving section B5.8.
    The revision reads as follows:

APPENDIX B TO SUBPART D OF PART 1021--CATEGORICAL EXCLUSIONS APPLICABLE 
TO SPECIFIC AGENCY ACTIONS

* * * * *
    B5. * * *
* * * * *
    B5.7 Export of natural gas and associated transportation by 
marine vessel
    Approvals or disapprovals of new authorizations or amendments of 
existing authorizations to export natural gas under section 3 of the 
Natural Gas Act and any associated transportation of natural gas by 
marine vessel.
    B5.8 [Removed and Reserved].
* * * * *

APPENDIX C TO SUBPART D OF PART 1021--CLASSES OF ACTIONS THAT NORMALLY 
REQUIRE EAs BUT NOT NECESSARILY EISs

C13 [Removed and Reserved]

0
3. Remove and reserve section C13.

APPENDIX D TO SUBPART D OF PART 1021--CLASSES OF ACTIONS THAT NORMALLY 
REQUIRE EISs

D8 and D9 [Removed and Reserved]

0
4. Remove and reserve sections D8 and D9.

[FR Doc. 2020-08511 Filed 4-30-20; 8:45 am]
BILLING CODE 6450-01-P