The Trump Administration’s recent executive order signals potentially significant changes to the regulatory landscape for domestic energy infrastructure generally and LNG in particular. Among the notable features of the order are the provisions directing US DOT to (1) update its 49 C.F.R. Part 193 regulations for LNG facility safety; and (2) issue regulations allowing LNG to be transported in approved rail tank cars.
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At an emergency press conference held today by the United States Department of Transportation (DOT), Secretary of Transportation Anthony Foxx announced that DOT has issued a one-time approval for special operating authority to engage in air transportation to specified markets.  The approval will be limited in duration, valid only from the evening of December 24

The DOT has issued an Emergency Order requiring that railroads operating trains carrying more than 1,000,000 gallons of Bakken crude oil (approximately 35 tank cars) in a particular state must notify the State Emergency Response Commission (SERC) of the expected movement of such trains through the counties in that state.
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In light of recent high profile pipeline incidents, PHMSA, among other federal agencies, is experiencing an unprecedented number of requests for disclosure of information under the Freedom of Information Act (FOIA) at 5 U.S.C. 552, et seq.  These requests often come from Congress, citizen groups, or other administrative agencies such as the NTSB.  FOIA, referred to as the public “right to know” statute, provides that any person has the right to obtain access to federal agency records, except to the extent that portions of those records are protected from public disclosure by one of 9 exemptions.  Most federal agencies have their own FOIA regulations.  For example, the Department of Transportation includes the FOIA statutory exemptions at 49 C.F.R. Part 7.13 and provides that the Agency’s policy is to make records available to the public to the greatest extent possible, including “providing reasonably segregable information from documents that contain information that may be withheld.”

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Transportation Secretary Ray LaHood, the only Republican in Obama’s cabinet announced that he plans to leave the administration as soon as a successor is confirmed. The list of possible replacements includes Los Angeles Mayor Antonio Villaraigosa, NTSB chairman Deborah Hersman, and former Representative Jim Oberstar of Minnesota.