DG Digest: PHMSA and FRA reverse 2020 rule, suspend authorization of liquefied natural gas (LNG) transport in rail tank cars.

PHMSA withdrew the rule from 2020 permitting LNG shipments by rail tank cars. A pair of BNSF oil trains using tank cars pass one another in Auburn, Washington. Image copyright 7/2021 by Nikki Burgess; all rights reserved.

Labor Day has come and gone. Hopefully, you had a great summer, topped out by a relaxing long holiday! Today (if you’re reading this on Tuesday) is the traditional day when most schoolchildren return to classes. That means busier roads, crosswalks, and lots of excited little ones out much earlier than has been the case since last June, so let’s all exercise extra caution and help protect our most precious resource—our kids. Here’s the regulatory news from last week:


In a reversal of the previous administration’s policy, PHMSA, in coordination with the Federal Railroad Administration (FRA), is amending the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on July 24, 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or June 30, 2025. This final rule is effective on October 31, 2023. Full details here:

2023-18569.pdf (govinfo.gov)

The agency published an ICR related to the inspection and testing Portable Tanks and IBC’s. See the request’s details at the link:

2023-18617.pdf (govinfo.gov)


The agency is extending the comment period for the Advance Notice of Proposed Rulemaking (ANPRM), ‘‘Used Drum Management and Reconditioning’’. The EPA published this ANRPM in the Federal Register on August 11, 2023, and the public comment period was scheduled to end on September 25, 2023. However, the EPA has received several requests for additional time to develop and submit comments on the ANPRM. In response to the requests for additional time, the EPA is extending the comment period through November 22, 2023. Find more details here:

2023-19014.pdf (govinfo.gov)


The agency published an advanced notice of rulemaking indicating its interest in developing a new methodology to determine when a motor carrier is not fit to operate commercial motor vehicles (CMVs) in or affecting interstate commerce. FMCSA requests public comment on the need for a rulemaking to revise the regulations prescribing the safety fitness determination process. Comments on this notice must be received on or before October 30, 2023. See full details here:

2023-18494.pdf (govinfo.gov)


The Transportation Security Administration (TSA) is proposing to amend the REAL ID regulations to waive, on a temporary and State-by-State basis, the regulatory requirement that mobile or digital driver’s licenses or identification cards (collectively ‘‘mobile driver’s licenses’’ or ‘‘MDLs’’) must be compliant with REAL ID requirements to be accepted by Federal agencies for official purposes, as defined by the REAL ID Act, when full enforcement of the REAL ID Act and regulations begins on May 7, 2025. Interested persons are invited to submit comments on or before October 16, 2023. Find more information here:

2023-18582.pdf (govinfo.gov)

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