Sunday, November 7, 2021

Review - PHMSA Publishes LNG by Rail Suspension NPRM

On Monday the DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published (available on-line today) a notice of proposed rulemaking (NPRM) in the Federal Register (86 FR 61731-61745) on “Hazardous Materials: Suspension of HMR Amendments Authorizing Transportation of Liquefied Natural Gas by Rail”. The proposed rule would suspend the effect of the 2020 final rule authorizing the transportation of LNG by rail until the first of either:

• Completion of a separate rulemaking under RIN 2137-AF54 evaluating potential modifications to requirements governing rail tank car transportation of LNG, or

• June 30, 2024.

PHMSA is soliciting public comments on the proposed rulemaking. Comments may be submitted via the Federal eRulemaking Portal (www.regulations.gov; docket # PHMSA-2021-0058). Comments should be submitted by December 23rd, 2021.

I suspect that the current due date for comments may raise some concern and may be extended. We are going into a holiday season and corporations and business groups really do prefer (and tend to use all of) a 60-day comment period at the best of times.

For more details about the background and justification for the NPRM, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-lng-by-rail-suspension - subscription required.

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