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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Proposed Rules enhanced outer tank requirements; 2
subject to all applicable then-extant requirements of the HMR; and 3
subject to certain additional operational controls. The LNG by Rail final rule increased the thickness of DOT113
outer tank shells from 7/16 to 9/16 inch a 28.5 percent increase and mandated use of stronger TC128 Grade B
normalized steel. With respect to this increase in tank shell thickness and strength, PHMSA noted that when divided by the large number of carloads that would be carried during a DOT
113s 50-year service life, the 9/16th inch TC128B normalized steel outer tank is highly cost-effective in that it will mitigate the consequences of derailment involving LNG by reducing the number of tanks punctured in the unlikely event of an accident. 10 The LNG by Rail final rule also required operational controls for transportation of LNG by rail tank car, including routing analysis, improved train braking, and remote monitoring.
PHMSA noted that the operational controls added in the final rule were expected to reduce the likelihood of an incident and reduce potential damages if an incident were to occur.11 The LNG
by Rail final rule went into effect on August 24, 2020.
On August 20, 2020, the Puyallup Tribe of Indians filed an administrative appeal of the LNG by Rail final rule, alleging, inter alia, that the rulemaking disproportionately exposed its members to environmental hazards including those associated with climate change and that PHMSAs engagement with the Tribe on the rulemaking was inadequate. PHMSA denied the Tribes
administrative appeal on November 13, 2020.12
B. Pending Petitions for Review of the LNG by Rail Final Rule The LNG by Rail final rule is the subject of several petitions for judicial review. A group of 6 environmental groups, a coalition of attorneys general for 14 States and the District of Columbia, and the Puyallup Tribe of Indians filed separate petitions for review challenging PHMSAs LNG by Rail final rule. All of the petitioners ask the court to vacate the rule, alleging violations of the Hazardous Materials Transportation Act HMTA; 49 U.S.C.
51015127, the Administrative Procedure Act APA; 5 U.S.C. 553 et seq., and the National Environmental Policy Act NEPA; 42 U.S.C. 4321 et seq.. The Puyallup Tribe also alleges violations of the Tribal consultation protocols under the National Historic Preservation Act 54 U.S.C. 300101 et seq. and Executive Order 13175
Consultation and Coordination with Indian Tribal Governments,13 as well as disparate impacts on the Tribe in violation of Executive Order 12898
Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 14 and Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d et seq..
The petitions have been consolidated within a single proceeding in the U.S.
Court of Appeals for the D.C. Circuit. On March 16, 2021, the court granted PHMSAs unopposed motion to place the petitions in abeyance while PHMSA
reviewed the LNG by Rail final rule
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pursuant to Executive Order 13990
Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis.15
C. PHMSA/FRA LNG Task Force PHMSA established a joint LNG Task Force with FRA in January 2020 as part of its ongoing research efforts on the transportation of LNG. The LNG Task Force helped to identify areas of research that could inform potential future regulatory activity, as appropriate. To assist in identifying appropriate tasks within that effort, the LNG Task Force employed a risk-based framework directed toward:
knowing the risk by improving DOTs knowledge of the types and extent of risk posed by LNG by rail transportation, with a focus on research and testing;
predicting the risk by leveraging modeling and simulation software and tools to analyze LNG by rail operations and potential risk outcomes;
reducing the risk by relating the possible strategies and technologies that decrease the risk of transporting LNG by rail tank cars, especially through track inspection and operational factors; and preparing for the risk by focusing on the emergency response community to ensure thatshould an incident occur and the risks of LNG materialize emergency responders have the awareness, training, and resources to keep themselves and the public safe.
The LNG Task Force ultimately identified and undertook 15 tasks to synthesize ongoing research and outreach activities. Those tasks are listed in Table 1 below.

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TABLE 1LNG TASK FORCE METHODOLOGY FOR ADDRESSING LNG BY RAIL RISK
Know the risk
Predict the risk
Empirical Review of International LNG
Rail Transportation.
LNG Loading/Unloading Safety Evaluation.
Quantitative Risk Assessment of LNG
Transportation.
Full-Scale Impact Testing on DOT113 ..
LNG UN T75 Portable Tank Fire-Testing
Evaluate Likely Number of Punctures and Derailment Simulation Models.
Develop Worst-Case Scenario Model
Safety/Security Route Risk Assessment Train Energy and Dynamics Simulator TEDS.
Modal Conversion Between LNG by Truck and Rail.

The LNG Task Force initially projected completion of the above tasks by late 2021. However, much of the LNG
Task Forces work was interrupted by the coronavirus disease 2019 COVID
19 public health emergency.
Consequently, several tasksincluding full-scale impact testing, puncture and 10 Id.
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Reduce the risk
Prepare for the risk
Re-Evaluate Costs and Validate Emergency Benefits of ECP Brakes.
Responder Opinions Evaluation of Train and Needs.
Operational Controls.
Develop LNG Edu Automated Track Incational and Outreach spection.
Plan.

derailment simulation modeling, and LNG portable tank pool fire testingare not expected to be completed until sometime in 2022.
D. Transportation Research Board Study
94, PHMSA and FRA partnered with the National Academy of Sciences, Engineering, and Medicine NASEM to conduct a study on the transportation of LNG in rail tank cars through a committee of the Transportation
Pursuant to the Further Consolidated Appropriations Act, 2020 Pub. L. 116
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No. PHMSA201800250637.
FR 67249 Nov. 9, 2000.

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FR 7629 Feb. 16, 1994.
FR 7037 Jan. 25, 2021.

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