{"operation":"document","citation":"84 FR 56964","title":"Hazardous Materials: Liquefied Natural Gas by Rail","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2019-10-24","effective_on":null,"summary":"PHMSA, in coordination with the Federal Railroad Administration (FRA), is proposing changes to the Hazardous Materials Regulations to allow for the bulk transport of Methane, refrigerated liquid, commonly known as liquefied natural gas (LNG), in rail tank cars. This rulemaking proposes to authorize the transportation of Methane, refrigerated liquid by rail in the DOT-113C120W specification rail tank car.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2019-22949.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2019-22949.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2019-22949","source_url":"https://www.federalregister.gov/documents/2019/10/24/2019-22949/hazardous-materials-liquefied-natural-gas-by-rail","body":"Federal Register, Volume 84 Issue 206 (Thursday, October 24, 2019) [Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)] [Proposed Rules] [Pages 56964-56977] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2019-22949] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 172 and 173 [Docket No. PHMSA-2018-0025 (HM-264)] RIN 2137-AF40 Hazardous Materials: Liquefied Natural Gas by Rail AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA, in coordination with the Federal Railroad Administration (FRA), is proposing changes to the Hazardous Materials Regulations to allow for the bulk transport of Methane, refrigerated liquid, commonly known as liquefied natural gas (LNG), in rail tank cars. This rulemaking proposes to authorize the transportation of Methane, refrigerated liquid by rail in the DOT-113C120W specification rail tank car. DATES: Comments must be received by December 23, 2019. To the extent possible, PHMSA will consider late-filed comments. ADDRESSES: You may submit comments identified by the Docket Number PHMSA-2018-0025 (HM-264) via any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments. Fax: 1-202-493-2251. Mail: Docket Management System; U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590. Hand Delivery: To the Docket Management System; Room W12- 140 on the ground floor of the West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must include the agency name and Docket Number (PHMSA-2018-0025) or RIN (2137-AF40) for this rulemaking at the beginning of the comment. To avoid duplication, please use only one of these four methods. All comments received will be posted without change to the Federal Docket Management System (FDMS) and will include any personal information you provide. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. Docket: For access to the dockets to read background documents or comments received, go to http://www.regulations.gov or DOT's Docket Operations Office (see ADDRESSES). Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this notice, it is important that you clearly designate the submitted comments as CBI. Pursuant to 49 CFR 105.30, you may ask PHMSA to give confidential treatment to information you give to the agency by taking the following steps: (1) Mark each page of the original document submission containing CBI as ``Confidential''; (2) send PHMSA, along with the original document, a second copy of the original document with the CBI deleted; and (3) explain why the information you are submitting is CBI. Unless you are notified otherwise, PHMSA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this notice. Submissions containing CBI should be sent to Michael Ciccarone, Office of Hazardous Materials Safety, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590-0001. Any commentary that PHMSA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without change, 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 . FOR FURTHER INFORMATION CONTACT: Michael Ciccarone, Standards and Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, or Mark Maday, Federal Railroad Administration, (202) 366-2535, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Overview II. Background A. Properties and Use of LNG B. Current Requirements for LNG C. Petition for Rulemaking (P-1697) D. Regulatory Review E. International Regulation III. Proposed Changes A. Tank Car Specification B. Operational Controls IV. Section-by-Section Review V. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866 and DOT Regulatory Policies and Procedures [[Page 56965]] C. Executive Order 13771 D. Executive Order 13132 E. Executive Order 13175 F. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures G. Paperwork Reduction Act H. Regulation Identifier Number (RIN) I. Unfunded Mandates Reform Act J. Environmental Assessment K. Privacy Act L. Executive Order 13609 and International Trade Analysis M. National Technology Transfer and Advancement Act N. Executive Order 13211 List of Subjects I. Overview PHMSA, in coordination with FRA, is issuing this NPRM to solicit public comment on potential changes to the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) that permit the bulk transport of Methane, refrigerated liquid, commonly known as liquefied natural gas (LNG), in rail tank cars. Specifically, this NPRM proposes to authorize the transportation of Methane, refrigerated liquid by rail in certain DOT specification 113 (DOT-113) rail tank cars.\\1\\ --------------------------------------------------------------------------- \\1\\ This NPRM is consistent with Section 4(b) of the President's April 10, 2019, ``Executive Order on Promoting Energy Infrastructure and Economic Growth,'' which directs the Secretary of Transportation to publish an NPRM that would propose to treat LNG the same as other cryogenic liquids and permit LNG to be transported in approved rail tank cars. The Executive Order also directs that the NPRM be published within 100 days of date of the order, and that a final rule must be published within thirteen months of the date of the order. See https://www.whitehouse.gov/presidential-actions/executive-order-promoting-energy-infrastructure-economic-growth/ . --------------------------------------------------------------------------- LNG has been transported safely by highway and vessel for over 50 years within the United States and is now a critical energy resource for the 21st century; however, the HMR do not authorize the bulk transport of LNG in rail tank cars. Historically, this limitation has not created a major impediment in the transportation of natural gas (either in gas or liquid form), but the expansion in United States energy production has led to significant challenges in the transportation system. Between 2010 and 2018, the number of LNG facilities in the U.S. increased by 28.7 percent, and total storage and vaporization capacities increased by 21 and 23 percent, respectively.\\2\\ Over the same period, total liquefaction capacity increased by 939 percent due to new LNG export terminals.\\3\\ This data suggests that there may be a demand for greater flexibility in the modes of transportation available to transport LNG, which is supported by PHMSA's receipt of a petition for rulemaking (P-1697) from the Association of American Railroads (AAR) proposing amendments to the HMR to allow for the transportation of Methane, refrigerated liquid by rail in DOT-113 rail tank cars. As noted in the petition, some shippers have expressed that there is an interest in the transportation of LNG by rail (domestically and for international export), which would help address these challenges. Additionally, there is an existing request for a special permit that seeks to authorize shipments of LNG in DOT specification 113C120W tank cars subject to certain operational conditions that would be used to transport LNG to ports or the applicant's domestic customers.\\4\\ --------------------------------------------------------------------------- \\2\\ Based on PHMSA annual report data from 2010-2018. \\3\\ Id. \\4\\ Docket No. PHMSA 2019-0100 at https://www.regulations.gov/docket?D=PHMSA-2019-0100 . --------------------------------------------------------------------------- Federal hazardous materials law authorizes the Secretary of Transportation to ``prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce.'' 49 U.S.C. 5103(b)(1). The Secretary has delegated this authority to PHMSA in 49 CFR 1.97(b). The HMR are designed to achieve three primary goals: (1) Help ensure that hazardous materials are packaged and handled safely and securely during transportation; (2) provide effective communication to transportation workers and emergency responders of the hazards of the materials being transported; and (3) minimize the consequences of an accident or incident should one occur. The hazardous material regulatory system is a risk management system that is prevention-oriented and focused on identifying safety or security hazards and reducing the probability and consequences of a hazardous material release. The Administrative Procedure Act (APA), 5 U.S.C. 551, et seq. requires Federal agencies to give interested persons the right to petition an agency to issue, amend, or repeal a rule. 5 U.S.C. 553(e). In accordance with PHMSA's rulemaking procedure regulations in 49 CFR part 106, interested persons may ask PHMSA to add, amend, or repeal a regulation by filing a petition for rulemaking along with information and arguments supporting the requested action (49 CFR 106.95). PHMSA has assessed P-1697 \\5\\ in accordance with 49 CFR 106.105 and determined that the request merits consideration in a rulemaking. In addition, a comment received to a notification \\6\\ of regulatory review issued by DOT's Office of the Secretary of Transportation (OST) in October 2017 further expressed industry support of deregulatory efforts to address the safe transportation of LNG by rail. --------------------------------------------------------------------------- \\5\\ Docket No. PHMSA-2017-0020. \\6\\ See Interested Parties for Hazardous Materials Transportation comment in response to DOT's Notification of Regulatory Review, 82 FR 45750 (Oct. 2, 2017), which can be found at Docket No. DOT-OST-2017-0069, https://www.regulations.gov/docket?D=DOT-OST-2017-0069 . --------------------------------------------------------------------------- PHMSA and FRA share responsibility for regulating the transportation of hazardous materials by rail and take a system-wide, comprehensive approach that focuses on prevention, mitigation, and response to manage and reduce the risk posed to people and the environment. In this rulemaking, PHMSA is seeking public comment on proposed changes to address the safe transportation of LNG by rail. II. Background A. Properties and Use of LNG The proper classification of any hazardous material is required prior to it being offered into transportation. In accordance with Sec. 173.115(g), a ``cryogenic liquid'' means a refrigerated liquefied gas having a boiling point colder than -90 [deg]C (-130 [deg]F) at an absolute pressure of 101.3 kPa (14.7 psia). Natural gas (methane) has a boiling point of -162 [deg]C (-260 [deg]F), which means it must be refrigerated to be liquid--hence, liquefied natural gas. Therefore, LNG meets the definition of Division 2.1, cryogenic liquid and is described by the entry ``UN1972, Methane, refrigerated liquid (cryogenic liquid), 2.1'' in the Hazardous Materials Table (HMT; Sec. 172.101). LNG is natural gas that has been liquefied through condensation at ambient pressure--a process referred to as liquefaction. The resulting LNG takes up about 1/600th of the volume of natural gas in its vapor state. Thus, LNG can be readily and economically stored and transported in specially designed storage tanks, highway cargo tanks, or International Organization for Standardization (ISO) containers. LNG is odorless, colorless, non-corrosive, and non-toxic. It will float on water, causing the water to look like its boiling as the liquid transitions back to vapor. To be consumed, LNG must be vaporized by warming to return it to its gaseous form; this warming and vaporization process is called regasification. The vaporized natural gas is then injected back into a pipeline system, or used to fuel natural gas operated equipment. There is an international market for LNG, whereas natural gas tends to be a [[Page 56966]] domestic commodity. International trends in the LNG industry directly impact domestic LNG and natural gas trends. LNG supplies regions, both domestic and international, that lack a natural gas source or the infrastructure to receive natural gas via pipeline. LNG production and consumption trends are related to international fuel prices, mainly crude oil, diesel, and coal. The LNG market in the United States grew considerably between 2010 and 2018.\\7\\ In that timeframe, the number of LNG facilities in the United States increased by 28.7 percent, and the total storage and vaporization capacities increased by 21 and 23 percent, respectively. Over the same period, total liquefaction capacity increased by 939 percent due to new LNG export terminals. --------------------------------------------------------------------------- \\7\\ U.S. DOE, EIA: https://www.eia.gov/todayinenergy/detail.php?id=34032 . --------------------------------------------------------------------------- B. Current Requirements for LNG The current HMR do not authorize the bulk transport of LNG in rail tank cars.\\8\\ LNG may only be transported via rail in accordance with the conditions of a PHMSA special permit or in a portable tank pursuant to the conditions of an FRA approval. --------------------------------------------------------------------------- \\8\\ The HMR defines ``bulk packaging'' as having a capacity of greater than 119 gallons per 49 CFR 171.8. By way of comparison, a single DOT-113C120W tank car has a capacity of approximately 30,000 gallons. --------------------------------------------------------------------------- The HMR include design, manufacturing, and maintenance standards for packaging (see parts 178-180). Additionally, the regulations specify which packaging types may be used for specific materials and provide requirements for filling and loading of packages (see part 173). Column (8C) of the HMT provides bulk packaging authorizations for LNG in accordance with Sec. 173.318, Cryogenic liquids in cargo tanks, only, and does not include authorization of LNG for rail tank cars. Additionally, Column (7) contains portable tank instruction T75 (see Sec. 172.102(c)(7)), which allows for the transportation of refrigerated liquefied gases in certain United Nations (UN) portable tanks, which can then be moved by rail in accordance with Sec. 174.63. Currently, to transport LNG by rail in a method not authorized, a person must apply for a special permit from the Associate Administrator for Hazardous Materials Safety, PHMSA (see 49 CFR 107.105). C. Petition for Rulemaking (P-1697) The Association of American Railroads' Petition for Rulemaking On January 17, 2017, AAR submitted a petition for rulemaking to PHMSA titled, ``Petition for Rulemaking to Allow Methane, Refrigerated Liquid to be Transported in Rail Tank Cars'' [PHMSA-2017-0020 (P-1697)] requesting revisions to Sec. 173.319 of the HMR that would permit the transportation of LNG by rail in DOT-113 tank cars. In its petition, AAR proposed that PHMSA amend the entry for ``UN1972, Methane, refrigerated liquid'' in the HMT (see Sec. 172.101) to add a reference to Sec. 173.319 in Column (8C), thereby authorizing transport of UN 1972 in rail tank cars. Additionally, AAR proposed that PHMSA amend Sec. 173.319 to include specific requirements for DOT-113 cars used for the transportation of LNG. AAR suggested that the authorized tank car specifications be DOT-113C120W and DOT-113C140W,\\9\\ noting that 120W cars should provide 40 days in transportation and 140W cars should provide 45 days before the tank car might begin to vent the commodity from the pressure relief device.\\10\\ AAR further proposed amending Sec. 173.319(d)(2) to include maximum filling densities comparable to those specified for cargo tanks containing LNG in Sec. 173.318(f)(3). --------------------------------------------------------------------------- \\9\\ The HMR do not authorize the DOT-113C140W specification tank car for hazardous materials transportation. See section ``III. A. Tank Car Specification'' of this rulemaking for further discussion. \\10\\ PHMSA understands this to mean one-way transit time. --------------------------------------------------------------------------- AAR noted that the current HMR allow for transport of LNG by highway and expressed the opinion that rail transport of LNG is a safer mode of transportation by comparison. AAR stated that LNG is similar in all relevant properties to other flammable cryogenic liquids, such as ethylene, that are currently authorized for transportation by rail tank car. AAR further stated that they believe the DOT-113 tank car was not previously authorized because of a lack of demand in the market. However, AAR noted that there is commercial interest in transporting LNG by rail tank car domestically, and internationally from the United States to Mexico, and that some railroads are actively exploring LNG as a locomotive fuel, thereby requiring supply of LNG along their networks. AAR's petition--P-1697--requests a regulatory change that has the potential to reduce regulatory burdens and enhance domestic energy production without having a negative impact on safety; therefore, PHMSA accepted it as having merit for consideration in a rulemaking. PHMSA requests public comment on all relevant aspects of this NPRM, including its potential to reduce regulatory burdens, enhance domestic energy production, and impact safety. The Center for Biological Diversity's Response to P-1697 On May 15, 2017, the Center for Biological Diversity (the Center) submitted a response to P-1697, recommending that PHMSA deny AAR's petition for rulemaking because of potential environmental impacts of LNG. The Center commented that PHMSA should not proceed in evaluating the petition request until the Agency has conducted a National Environmental Policy Act (NEPA) evaluation, prepared an Environmental Impact Statement (EIS) or Environmental Assessment (EA), and provided opportunity for public review and comment in accordance with the Hazardous Materials Transportation Act (HMTA), as applicable. PHMSA is issuing this NPRM in accordance with the APA and all related Executive Orders and laws, including NEPA. This NPRM provides opportunity for public notice and comment. See section ``V. J. Environmental Assessment'' of this rulemaking for further discussion of the EA. D. Regulatory Review On October 2, 2017, DOT published a notice \\11\\ in the Federal Register expressing Department-wide plans to review existing regulations and other agency actions to evaluate their continued necessity, determine whether they are crafted effectively to solve current problems, and evaluate whether they potentially burden the development or use of domestically produced energy resources. As part of this review process, the Department invited the public to provide input on existing rules and other agency actions that have potential for repeal, replacement, suspension, or modification. --------------------------------------------------------------------------- \\11\\ Notification of Regulatory Review, Docket No. DOT-OST-2017- 0069, 82 FR 45750 (October 2, 2017). --------------------------------------------------------------------------- The Interested Parties for Hazardous Materials Transportation (Interested Parties) submitted a comment \\12\\ requesting the authorization of LNG for rail tank car transport. Specifically, the Interested Parties noted in its comment that LNG shares similar properties to other flammable cryogenic materials currently authorized by rail tank car and has already been moved in the United [[Page 56967]] States under a special permit. Additionally, they noted that Transport Canada (TC) authorizes LNG for transportation by rail in DOT-113 equivalent rail cars and that there is an increased commercial demand for rail transport within the United States and between the United States and Mexico. --------------------------------------------------------------------------- \\12\\ Comment from Interested Parties for Hazardous Materials Transportation, Document No. DOT-OST-2017-00692591, https://www.regulations.gov/searchResults?rpp=25&po=0&s=dot-ost-2017-0069-2591&fp=true&ns=true . --------------------------------------------------------------------------- PHMSA has reviewed the Interested Parties' comment and is proposing to authorize the transport of LNG by rail because it may support Department-wide safety investments and promote cost saving actions. The PHMSA proposal would amend the HMR to authorize transportation of LNG by rail in a DOT-113 specification tank car. PHMSA requests public comment on the potential regulatory impact of this proposal. E. International Regulation The Transport of Dangerous Goods Directorate within TC develops safety standards and regulations, provides oversight, and gives expert advice on dangerous goods incidents to promote public safety in the transportation of dangerous goods by all modes of transport in Canada. TC recently published a new standard on the bulk transport of LNG. TC authorizes LNG for transportation by rail in DOT-113 equivalent rail tank cars (TC-113C120W). PHMSA is not currently aware of LNG being transported via TC-113C120W; however, should that change, PHMSA expects incident and commodity flow data within Canada to be shared with PHMSA and FRA. In Mexico, the Railway Transport Regulatory Agency's (Agencia Reguladora del Transporte Ferroviario), under the Ministry of Communications and Transportation (Secretar[iacute]a de Comunicaciones y Transportes or SCT), mission is to promote, regulate, and monitor the railroad industry, and is responsible for regulating all types of cargo movement on trains. Currently, SCT does not provide explicit authorization for the bulk transportation of LNG in rail tank cars. III. Proposed Changes LNG's role as an energy resource continues to expand with ongoing innovation and economic development. Historically, the United States transported LNG by highway and exported LNG via ports only. As a result, there was no need for a regulation that authorized transportation via rail tank car. With a growing supply and demand,\\13\\ rail transportation is being considered as a viable alternative to the transportation of LNG by highway. PHMSA has identified this as an area where there are opportunities to allow industry innovation and to support infrastructure development while maintaining a high level of safety. The hazards of transporting LNG are no different than that of flammable cryogenic liquids already authorized for bulk rail transport in accordance with the HMR.\\14\\ The HMR provides the framework for the safe transportation of hazardous materials in commerce, and regardless of the future capacity for LNG rail transport, the material itself will be transported in the safe specification tank cars outlined below. Nonetheless, in this NPRM, PHMSA and FRA must consider requirements for both the packaging (i.e., the rail tank car) and operational controls for a train consisting of tank cars loaded with LNG. --------------------------------------------------------------------------- \\13\\ U.S. Energy Information Administration, ``Growth in domestic natural gas production leads to development of LNG export terminals,'' March 4, 2016, accessed at https://www.eia.gov/todayinenergy/detail.php?id=25232 . \\14\\ For description of potential safety hazards of LNG, see LNG Safety Assessment Evaluation Methods, https://prod.sandia.gov/techlib-noauth/access-control.cgi/2015/153859r.pdf . --------------------------------------------------------------------------- A. Tank Car Specification The DOT-113 specification cryogenic liquid tank car is built to comply with specifications contained in 49 CFR part 179, subpart F and TC regulation TC14877E, Section 8.6, as well as certain requirements of the rail industry as identified in the AAR Manual of Standards and Recommended Practices, Specifications for Tank Cars (M-1002). These rail tank cars are vacuum-insulated and consist of an inner alloy (stainless) steel tank enclosed with an outer carbon steel jacket shell specifically designed for the transportation of refrigerated liquefied gases, such as liquid hydrogen, oxygen, ethylene, nitrogen, and argon. Additionally, the design and use of the DOT-113 specification tank car includes added safety features--such as protection systems for piping between the inner and outer tanks, multiple pressure relief devices (pressure relief valves and vents), thermal integrity tests, and in- transit reporting requirements--that contribute to an excellent safety record throughout its 50 years of service. In this NPRM, PHMSA is proposing to authorize DOT-113C120W tank cars for use in the transportation of LNG by rail. The HMR currently authorize the DOT-113C120W specification tank car for another flammable cryogenic liquid which shares similar chemical and operating characteristics with LNG (i.e., ethylene). The DOT-113C120W design specification is similarly suitable for the transport of Methane, refrigerated liquid (LNG). We anticipate that DOT-113 specification tank cars will need to be manufactured to satisfy the demand for transporting LNG as the current fleet of these tank cars is used for the transportation of ethylene and other cryogenic liquids. DOT-113 specification rail tank cars are constructed in accordance with the requirements of 49 CFR, part 179, subpart F, ``Specification for Cryogenic Liquid Tank Car Tanks and Seamless Steel Tanks.'' These cars are built to a double pressure vessel design with the commodity tank (inner vessel) constructed of ASTM A 240/A 240M, Type 304 or 304L stainless steel, and the outer jacket shell (outer vessel) typically is constructed of carbon steel. This design provides an increased crashworthiness when compared to a single vessel design rail tank car. The rail tank car is manufactured with an insulated annular space holding a vacuum between the two pressure vessels. This vacuum area and the insulation significantly reduce the rate of heat leak from the atmosphere to the liquid inside the tank car thus minimizing the heating of the cryogenic (i.e., refrigerated) material in the tank car while being transported. For these reasons, PHMSA has determined the DOT-113C120W specification tank car is an acceptable packaging to transport Methane, refrigerated liquid (LNG) by rail. This determination is based upon the design of the DOT cryogenic tank car specification, which includes added safety features designed to address the hazards presented by cryogenic liquids, and has a demonstrated safety record. In addition to requesting a rule change to allow DOT-113C120W tank cars to transport LNG, AAR requested that PHMSA add a new tank car specification, the DOT-113C140W, for transportation of bulk quantities of LNG. AAR stated that the advantage to the DOT-113C140W tank car is that it is similar in design and construction to the DOT-113C120W specification, but would allow for an additional transportation timeframe of 5 days for cryogenic materials. This claim assumes that the new specification would use a thicker inner tank material that would allow for a higher inner tank test pressure (140 psig) and higher pressure relief device settings. These design changes could have the potential to increase the time in transportation by 5 days. Currently, the HMR does not authorize the DOT-113C140W specification for cryogenic hazardous materials transportation and thus, this [[Page 56968]] type of regulatory change would require considerably more time and resources to incorporate a new specification proposal into this rulemaking. PHMSA believes the addition of this tank car specification warrants an extensive engineering review and evaluation, including consideration of the risk of release in a derailment and ignition when transported at these higher pressures. PHMSA does not want to delay deregulatory action authorizing the DOT-113C120W tank car for the transport of LNG pending evaluation of the DOT-113C140W tank car. Accordingly, PHMSA is not proposing to authorize the DOT-113C140W specification at this time. Moreover, the petitioner did not include design specifications for the DOT-113C140W tank car. PHMSA may consider it for future rulemaking after design specifications, engineering details, and data demonstrating an equivalent level of safety are submitted to PHMSA in support of this regulatory change. PHMSA is proposing to amend the Pressure Control Valve Setting or Relief Valve Setting Table in Sec. 173.319(d)(2) by adding a column for methane as follows: Pressure Control Valve Setting or Relief Valve Setting -------------------------------------------------------------------------------------------------------------------------------------------------------- Maximum permitted filling density (percent by weight) Maximum start-to-discharge pressure -------------------------------------------------------------------------------------------------------------------- (psig) Ethylene Ethylene Ethylene Hydrogen Methane -------------------------------------------------------------------------------------------------------------------------------------------------------- 17................................. ...................... ...................... ..................... 6.60................. 45................................. 52.8.................. 75................................. ...................... 51.1.................. 51.1................. ..................... 32.5. Maximum pressure when offered for 10 psig............... 20 psig............... 20 psig.............. ..................... 15 psig. transportation. Design service temperature......... Minus 260 [deg]F...... Minus 260 [deg]F...... Minus 155 [deg]F..... Minus 423 [deg]F..... Minus 260 [deg]F. Specification (see Sec. 113D60W, 113C60W...... 113C120W.............. 113D120W............. 113A175W, 113A60W.... 113C120W. 180.507(b)(3) of this subchapter). -------------------------------------------------------------------------------------------------------------------------------------------------------- The proposed changes to the table would authorize methane in DOT- 113C120W specification tank cars with a start-to-discharge pressure valve setting of 75 psig; a design service temperature of -260 [deg]F; a maximum pressure when offered for transportation of 15 psig; and a filling density of 32.5 percent by weight. The maximum offering pressure of 15 psig is consistent with the 20-day transportation requirement for cryogenic materials and the estimated 3 psig per day pressure increase during transportation. The filling density is similar to the filling density requirements for cryogenic materials transported in a cargo tank motor vehicle. These requirements will provide a 15 percent vapor volume outage (at the start-to-discharge-pressure of the pressure relief valve) for the rail tank car during transportation. B. Operational Controls AAR's Circular OT-55 is a detailed protocol establishing recommended railroad operating practices for the transportation of hazardous materials that was developed by the rail industry through the AAR.\\15\\ The recommended practices were originally implemented by all Class I rail carriers operating in the United States, with short-line railroads following on as signatories. As a result, Circular OT-55 is comprehensive in its reach, applying to all train movements that fit within the terms of the circular. The circular outlines operational controls for trains meeting the industry definition of a ``Key Train,'' including speed restrictions, track requirements, storage requirements, and the designation of ``Key Routes.'' \\16\\ Circular OT-55 defines a ``Key Train'' as any train with: --------------------------------------------------------------------------- \\15\\ Circular OT-55, ``Recommended Railroad Operating Practices for Transportation of Hazardous Materials,'' https://www.railinc.com/rportal/documents/18/260773/OT-55.pdf . \\16\\ Circular OT-55 defines a ``Key Route'' as ``any track with a combination of 10,000 car loads or intermodal portable tank loads of hazardous materials, or a combination of 4,000 car loadings of PIH or TIH (Hazard zone A, B, C, or D), anhydrous ammonia, flammable gas, Class 1.1 or 1.2 explosives, environmentally sensitive chemicals, Spent Nuclear Fuel (SNF), and High Level Radioactive Waste (HLRW) over a period of one year.'' --------------------------------------------------------------------------- One tank car load of Poison or Toxic Inhalation Hazard (PIH or TIH) (Hazard Zone A, B, C, or D), anhydrous ammonia (UN1005), or ammonia solutions (UN3318), or; 20 car loads or intermodal portable tank loads of any combination of hazardous material, or; One or more car loads of Spent Nuclear Fuel (SNF), High Level Radioactive Waste (HLRW). While PHMSA is not proposing to incorporate by reference Circular OT-55 or to adopt the requirements for ``Key Trains'' in the HMR in this rulemaking, the railroad industry's voluntary adoption of the circular is an important consideration for PHMSA in assessing what operational controls are necessary. In accordance with the ``Key Train'' definition and the changes being considered in this NPRM, Circular OT-55's operational controls would apply to the bulk transport of LNG by rail in a train consist that is composed of 20 car loads or intermodal portable tank loads in which LNG is present along with any combination of other hazardous materials. Therefore, bulk transport of LNG would be subject to the industry standard even if only one rail tank car of the 20-car consist contained LNG, regardless of the classes of hazardous materials contained in the remaining 19 rail cars. Due to the operational controls introduced for ``Key Trains,'' Circular OT-55 provides an additional level of safety regardless of what combination of hazardous materials the train consist is transporting. As such, PHMSA and FRA believe this industry standard helps ensure the safe transportation of all hazardous materials, including LNG. PHMSA and FRA considered other options for operational controls such as mirroring the operational controls adopted for high-hazard flammable trains (HHFT) \\17\\ or adopting the ``Key Train'' requirements into the HMR. Additional operational controls, while not limited to the following, might include limitations on train length, controls for train composition, speed restrictions, braking requirements, and routing requirements. --------------------------------------------------------------------------- \\17\\ As defined in Sec. 171.8, a high-hazard flammable train means a single train transporting 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block or a single train carrying 35 or more loaded tank cars of a Class 3 flammable liquid throughout the train consist. --------------------------------------------------------------------------- Train Length and Train Composition. PHMSA and FRA have not restricted train length in the past; however, PHMSA solicits comment on whether [[Page 56969]] there is a reasoned basis for limiting the length of a train transporting LNG tank cars, and what that limitation would look like. Moreover, PHMSA solicits comment on whether there is a reasoned basis for limiting the amount of LNG tank cars that can be in one consist, or where the LNG tank cars may be placed within the train. For example, the National Transportation Safety Board issued a Safety Recommendation (R-17-001) \\18\\ to PHMSA to: (1) Evaluate the risks posed to train crews by hazardous materials transported by rail; (2) determine the adequate separation distance between hazardous materials cars and locomotives and occupied equipment that ensures the protection of train crews during normal operations and accident conditions; (3) and collaborate with FRA to revise 49 CFR 174.85 to reflect those findings. To date, PHMSA has initiated a literature review to help identify gaps and changes in factors from previous and current studies and ultimately determine the adequate separation distance of train crews from hazardous materials in a train. --------------------------------------------------------------------------- \\18\\ https://ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-17-001 . --------------------------------------------------------------------------- Speed Restrictions and Braking Requirements. The HHFT regulations include a speed restriction of 50 miles per hour (mph) for all HHFTs with an additional speed restriction of 40 mph for those HHFTs traveling within a high-threat urban area (Sec. 174.310(a)(2)). The HHFT regulations also include advanced braking requirements for HHFTs, requiring all HHFTs operating in excess of 30 mph to be equipped and operated with distributed power system or a two-way end-of-train device (Sec. 174.310(a)(3)), which helps to propagate a quicker application of the air brake system throughout the entire train, particularly in emergency braking situations. Routing Requirements. Section 172.820 prescribes additional planning requirements for transportation by rail, including route analysis, requiring railroads to address safety and security risks for the transportation along routes where commodity data is collected. This requirement applies to a rail carrier transporting one or more of: (1) More than 2,268 kg (5,000 lbs.) in a single carload of a Division 1.1, 1.2 or 1.3 explosive; (2) A quantity of a material poisonous by inhalation in a single bulk packaging; (3) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in Sec. 173.403; or (4) A high-hazard flammable train (HHFT) as defined in Sec. 171.8. PHMSA recognizes that there may be other operational controls or combinations of controls to consider and encourages comments on such controls. However, for this rulemaking, PHMSA and FRA decided not to propose additional operational controls because there is not sufficient data about the potential movements of LNG by tank car. While PHMSA expects LNG will initially move in smaller quantities (i.e., a few tank cars) as part of manifest trains, it is uncertain whether LNG will continue to be transported in those quantities or if LNG by rail will shift to be transported using a unit train model of service, and if so, how quickly that shift will occur. Finall","truncated":true,"body_characters":96645}