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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Proposed Rules
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Research Board TRB.16 The TRB
committee commenced work in midJuly 2020.
The TRB study consists of two phases, with each phase culminating in a report with findings and recommendations:
Phase I reviews the plans and progress of the LNG Task Force to develop a report containing findings regarding the relevance, completeness, and quality of its efforts, and to offer recommendations for addressing any shortcomings.
Phase II involves a more comprehensive assessment of topics relevant to the safe movement of LNG
by rail tank car pursuant to both SP and the HMR. The Phase II Report will contain recommendations to Congress, PHMSA, FRA, industry, emergency responders, and other relevant stakeholders on necessary nearand long-term actions to improve understanding of the risks associated with transporting LNG by rail tank car, mitigate those risks, and prevent and prepare for potential incidents.
The TRB committee issued its Phase I Report on June 15, 2021.17 Although the Phase I Report generally praised the LNG Task Forces comprehensive as planned program for making effective use of a number of long standing and high quality research and testing programs, the TRB committee noted that the COVID19 public health emergency resulted in delays in initiation and completion of several tasks. The TRB committee also noted that the interdependency of many of those outstanding tasks complicated its and the LNG Task Forces work in developing a complete understanding of the risks associated with transportation of LNG in rail tank cars. It expressed particular concern regarding the incomplete status of tasks pertaining to full-scale impact testing, portable tank pool fire testing, worst-case scenario analysis, and quantitative risk assessment.18 The TRB committee also emphasized pending tasks necessary to understand the potential risks to public and worker safety arising from releases 16 In that legislation, Congress earmarked funds for the NASEM study for the express purpose of informing rulemaking. NASEM maintains a website dedicated to the TRB committees work that contains the TRB committees charter, work product, meeting agendas, and other supporting material. See NASEM, Safe Transportation of Liquefied Natural Gas by Railroad Tank Car, https www.nationalacademies.org/our-work/safetransportation-of-liquefied-natural-gas-by-railroadtank-car last visited Jun. 16, 2021.
17 NASEM, Preparing for LNG by Rail Tank Car:
A Review of a U.S. DOT Safety Research, Testing, and Analysis Initiative Jun. 2021 Phase I
Report, https www.nap.edu/read/26221/chapter/
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18 Id. at 56.

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during loading, unloading, and transloading of LNG tank cars, as well as in overcoming limited emergency planning and response training and resources.
The Phase I Report provided recommendations 19 for improving the assumptions, rationale, and methodology employed by the LNG
Task Force in executing the outstanding tasks. The recommendations include that PHMSA and FRA should make several changes to the planned portable fire tank testingincluding using LNG
as the pool fire fuel and not liquefied petroleum gasand assess the potential for cryogenic damage cascading to adjacent tanks. The report also recommends PHMSA and FRA enhance the modeling for worst-case scenarios such as using a train speed of 50 milesper-hour mph instead of 40 mphand evaluate explosion hazards from a spill of LNG resulting in vapor dispersion in an environment with confined or congested spaces. Additionally, the report recommends PHMSA and FRA
add loading and unloading operations and train assembly classification to the risk assessment for transport of LNG by rail as compared to highway.
The TRB committee plans to complete its work under Phase II in mid-2022.20
E. Executive Order 13990
Section 2a of Executive Order 13990
requires the review of agency regulations and other actions promulgated or adopted between January 20, 2017, and January 20, 2021, that are candidates for suspension, modification, or rescission because of inconsistency with Administration policies to improve public health, protect the environment, prioritize environmental justice, and reduce GHG
emissions. The White House identified the LNG by Rail final rule in a nonexclusive list 21 of agency actions that would be reviewed in accordance with Executive Order 13990. Additionally, section 7 of Executive Order 13990
revokes Executive Order 13868, along with several other executive orders and executive actions, and directs agencies to promptly take steps, consistent with applicable law, to rescind any rules or regulations that had been issued implementing or enforcing those executive orders and executive actions.
On May 5, 2021, DOT issued a notice soliciting comment on potential 19 Id.
20 Id.

at 13.
White House, Fact Sheet: List of Agency Actions for Review, https www.whitehouse.gov/
briefing-room/statements-releases/2021/01/20/factsheet-list-of-agency-actions-for-review/ last visited Jun. 16, 2021.
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candidates for review under Executive Order 13990 from among existing rules and other DOT actions.22 DOT received one comment pertaining to the LNG by Rail final rule. In that comment, the Transportation Trades Department of the American Federation of Labor and Congress of Industrial Organizations AFLCIO called for re-examination of the LNG by Rail final rule because it believes that rulemaking neglected to include meaningful safety measures to adequately address the inherent risks to this type of operation. 23
III. Basis for Suspension A. Development of a More Complete Understanding of the Risks and Benefits Associated With Rail Tank Car Transportation of LNG
The LNG by Rail rulemaking considered incorporating within the HMR regulatory requirements to protect the public, property, and the environment from unreasonable risks from transportation of LNG in rail tank cars. As such, PHMSAin consultation with FRAdetermined that existing HMR requirements including the modified DOT113 tank car and new operational requirements prescribed in the LNG by Rail final rule, along with expected compliance with widelyaccepted, voluntary industry standards such as AAR Circular OT55 for shipments of LNG in rail tank cars, would reduce risk to safety, property, and the environment to acceptable levels in light of the potential benefits of that rulemaking.24 That decision reflected consideration of LNGs hazardous properties and the safety record of the DOT113 tank car.25
However, PHMSA acknowledged in the LNG by Rail final rule that additional further data and knowledge for example regarding potential benefits as well as safety and environmental risks could make appropriate further mitigations for shipping LNG by rail tank car.26 The LNG by Rail final rule, RIA, and FEA were candid about uncertainty in the future market demand for transportation of LNG by rail tank car, potential direct and 22 85

FR 23876.
No. DOTOST202100360025.
24 See, e.g., 85 FR 45003 discussing reduction in risks from tank car enhancements, mandatory operational controls, and voluntary industry practices and 45024 discussing potential economic and other benefits from the LNG by Rail final rule.
25 85 FR 44998.
26 See, e.g., 85 FR 44995 PHMSA recognizes that there is ongoing and potential future research related to the transportation of LNG by all modes.
The Agency will continue to use this research to inform potential future regulatory activity, as appropriate..
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