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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Proposed Rules
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internationally. In meeting shared challenges involving health, safety, labor, security, environmental, and other issues, international regulatory cooperation can identify approaches that are at least as protective as those that are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or prevent unnecessary differences in regulatory requirements.
Similarly, the Trade Agreements Act of 1979 Pub. L. 9639, as amended by the Uruguay Round Agreements Act Pub. L. 103465, prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to the Trade Agreements Act, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standards have a legitimate domestic objective, such as providing for safety, and do not operate to exclude imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards in order to protect the safety of the American public. PHMSA has assessed the effects of this rulemaking to ensure that it does not cause unnecessary obstacles to foreign trade. While the proposal to suspend the transport of LNG by rail tank car has potential to impact the United States export of bulk LNG internationally, there has been no significant reliance interest or progress toward the near-term movement of LNG
by rail tank cars. As such, PHMSA
expects the amendments herein to pose a minimal impact to international trade if adopted. Therefore, PHMSA proposes
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to amend the HMR to suspend authorization of LNG transportation in a rail tank car pending further analysis to ensure potential future regulatory actions to allow bulk transport of LNG
by rail promote public health and safety, the environment, and climate change mitigation. Accordingly, this rulemaking is consistent with Executive Order 13609 and PHMSAs obligations under the Trade Agreement Act, as amended.
L. Executive Order 13211
Executive Order 13211 Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 62 requires Federal agencies to prepare a Statement of Energy Effects for any significant energy action. Executive Order 13211
defines a significant energy action as any action by an agency normally published in the Federal Register that promulgates, or is expected to lead to the promulgation of, a final rule or regulation that 1i is a significant regulatory action under Executive Order 12866 or any successor order and ii is likely to have a significant adverse effect on the supply, distribution, or use of energy including a shortfall in supply, price increases, and increased use of foreign supplies; or 2 is designated by the Administrator of the Office of Information and Regulatory Affairs OIRA as a significant energy action.
Although this proposed rule is a significant action under Executive Order 12866, PHMSA expects it to have an annual effect on the economy of less than $100 million. Further, this action is not likely to have a significant adverse effect on the supply, distribution, or use of energy in the United States. While the proposal to suspend the transport of LNG by rail tank car has potential to impact the 62 66

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supply, distribution, or use of energy in the United States, PHMSA does not anticipate any near-term movement of LNG by rail tank cars. For additional discussion of the anticipated economic impact of this rulemaking, please see discussion of the cost analysis in accordance with Executive Order 12866
Regulatory Planning and Review.
List of Subjects in 49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR part 172 as follows:
PART 172HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
1. The authority citation for part 172
continues to read as follows:

Authority: 49 U.S.C. 51015128, 44701; 49
CFR 1.81, 1.96 and 1.97.

2. In 172.101, amend the Hazardous Materials Table by revising the entry for Methane, refrigerated liquid cryogenic liquid or Natural gas, refrigerated liquid cryogenic liquid, with high methane content to read as follows:

172.101 Purpose and use of hazardous materials table.

FR 28355 May 22, 2001.

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