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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Proposed Rules
However, as noted in the FEA for the LNG by Rail final rule, the use of MC
338 cargo tanks and portable tanks for LNG could increase over time if rail transport in tank cars were not authorized. Thus, shippers could have to rely on less efficient transportation mechanisms in the interim, as highway transportation requires more vehicles to move the same amount of material as rail transportationif this occurs, the potential environmental benefits that could result from the transportation of bulk quantities of LNG by rail car discussed above would not be realized in the short term. However, as explained above, PHMSA does not expect that significant quantities of LNG would be shipped in rail tank cars during the suspension period. Further, the loss of economies of scale associated with transport of LNG by rail tank car could inhibit switching to MC338 cargo tanks.

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4 Agencies and Persons Consulted During the Consideration Process PHMSA has coordinated with FRA, the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, and the U.S. Coast Guard in the development of this proposed rule. The NPRM has also been made available to other Federal agencies within the interagency review process contemplated under Executive Order 12866. PHMSA solicits, and will consider, comments on the NPRMs potential impacts on safety and the environment submitted by members of the public, State and local governments, Tribal communities, and industry.
5 Proposed Finding of No Significant Impact The adoption of the Proposed Action Alternatives proposed suspension would prohibit the transportation of LNG in rail tank cars while PHMSA and FRA undertake a comprehensive analysis of safety and environmental issues associated with the transportation of LNG by rail. As such, PHMSA
expects that the HMR amendments in the NPRM would have no significant impact on the human environment.
PHMSA expects that the Proposed Action Alternative would allow PHMSA
to review new information to evaluate the potential impact on safety, environmental justice, and GHG
emissions. Further, based on PHMSAs analysis of these provisions described above and insofar as there has been no significant progress toward the movement of LNG by rail tank car, PHMSA proposes to find that codification and implementation of the proposed rule would not result in a
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significant impact to the human environment.
PHMSA welcomes any views, data, or information related to environmental impacts that may result from NPRMs proposed requirements, the No Action Alternative, and other viable alternatives and their environmental impacts.
I. Executive Order 12898
Executive Orders 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,56 13985
Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,57 13990
Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis,58 14008
Tackling the Climate Crisis at Home and Abroad,59 and DOT Order 5610.2C Department of Transportation Actions to Address Environmental Justice in Minority Populations and Low-Income Populations require DOT
agencies to achieve environmental justice as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects, including interrelated social and economic effects of their programs, policies, and activities on minority populations, lowincome populations, and other underserved and disadvantaged communities.
PHMSA has evaluated this proposed rule under the above Executive Orders and DOT Order 5610.2C, and expects it would not cause disproportionately high and adverse human health and environmental effects on minority, lowincome, underserved, and other disadvantaged populations and communities. The rulemaking is facially neutral and national in scope; it is neither directed toward a particular population, region, or community, nor is it expected to adversely impact any particular population, region, or community. And insofar as PHMSA
expects the rulemaking would not adversely affect the safe transportation of hazardous materials generally, PHMSA does not expect the proposed revisions would entail disproportionately high adverse risks for minority populations, low-income populations, or other underserved and disadvantaged communities.
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FR 7629 Feb. 16, 1994.
FR 7009 Jan. 25, 2021.
58 86 FR 7037 Jan. 25, 2021.
59 86 FR 7619 Feb. 1, 2021.

The proposed rulemaking could reduce risks to minority populations, low-income populations, or other underserved and disadvantaged communities. Insofar as the proposed HMR amendments could avoid the release of hazardous materials, the proposed rule could reduce risks to populations and communities including any minority, low-income, underserved, and disadvantaged populations and communitiesin the vicinity of railroad lines. However, as noted in the FEA for the LNG by Rail final rule, access to LNG may result in potential economic benefits for underserved communities because of the efficiencies of transporting LNG by rail, and thereby domestic production, distribution, and consumption of natural gas could increase. These potential economic benefits that could result from the transportation of bulk quantities of LNG by rail car would not be realized by underserved communities in the short term. In addition, to the extent that suspending shipment of LNG
by rail tank car could increase demand for shipping LNG by truck on highways, the proposed HMR amendments could increase risks to environmental justice communities in the vicinity of those highways.
PHMSA solicits comment on potential impacts to minority, low-income, underserved, and other disadvantaged populations and communities of the proposed rulemaking.
J. Privacy Act In accordance with 5 U.S.C. 553c, DOT solicits comments from the public to better inform its rulemaking process.
DOT posts these comments, without edit, including any personal information the commenter provides, to http
www.regulations.gov, as described in the system of records notice DOT/ALL
14 FDMS, which can be reviewed at http www.dot.gov/privacy. DOTs complete Privacy Act Statement in the Federal Register published on April 11, 2000,60 or on DOTs website at http
www.dot.gov/privacy.
K. Executive Order 13609 and International Trade Analysis Executive Order 13609 Promoting International Regulatory Cooperation 61 requires that agencies must consider whether the impacts associated with significant variations between domestic and international regulatory approaches are unnecessary or may impair the ability of American business to export and compete
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FR 19475 Apr. 11, 2000.
FR 26413 May 4, 2012.

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