[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Notices]
[Pages 16641-16642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8745]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration
[Docket No. RSPA-97-2236; Notice 1]


Liquefied Natural Gas Facilities Petition for Waiver; Pine Needle 
LNG Company

    Pine Needle LNG Company (Pine Needle) has petitioned the Research 
and Special Programs Administration (RSPA) for a waiver from compliance 
with 49 CFR 193.2155(c), Liquefied Natural Gas (LNG) storage tank 
impounding system. Section 193.2155(c) requires a Class 1 impounding 
system whenever an LNG storage tank is located within 20,000 feet from 
the nearest runway serving large aircraft. The petition applies to the 
Pine Needle's proposed LNG storage facility in the northwest Guilford 
County, North Carolina.
    The petitioner's rationale for the waiver from compliance rests on 
the following reasons:
    1. A horizontal distance between the nearest Pine Needle LNG tank 
and the nearest point of the Landmark Airpark runway is approximately 
19,500 feet. This is 500 feet less than the 20,000 foot offset required 
for compliance with Sec. 193.2155(c).
    2. A vertical clearance of an aircraft over the top of the Pine 
Needle earthen containment dikes would be 1023 feet, after factoring in 
a minimum airport approach/departure ratio of 20:1 to/from Landmark 
Airpark and the elevation differences between the Landmark Airpark 
runway and the Pine Needle location. This exceeds the minimum 
requirements under the Federal Aviation Administration (FAA) 
regulations.
    3. Correspondence between FAA and the Landmark Airpark developer 
describes operation of the Landmark Airpark as being limited to private 
aircraft under visual flight rules (VFR) conditions.
    4. The turf runway surface and 2600-foot runway length would likely 
preclude large aircraft, as defined by 14 CFR Part 1.1, from using the 
Landmark Airpark.
    5. Pine Needle owns, leases or controls all properties within the 
exclusion zones required under 49 CFR 193.2057 and 193.2059. There is 
presently no development within the prescribed exclusion zones. Pine 
Needle will allow no development within the required exclusion zones 
which would be inconsistent with the requirements of Secs. 193.2057 and 
193.2059.
    6. The Class 2 impounding system proposed for the Pine Needle LNG 
storage tanks would remain intact in the event of a large aircraft 
impact, and with a design volume of 150% of tank capacity would meet 
the volumetric requirements of Sec. 193.2181(a).
    7. The earthen dikes, in combination with hilly terrain and the 
undeveloped safety exclusion zones around the facility would adequately 
provide for hazard containment.
    Because of the unusual circumstances described above at Pine 
Needle's proposed LNG facility, located 19,500 feet from the nearest 
point of the Landmark Airpark runway, suitable for landing smaller 
aircrafts and any larger aircrafts that could reasonably use this 
facility, relatively low risk to the public safety due to combination 
of Class 2 earthen dikes in a hilly terrain with 150% volumetric 
capacity, and undeveloped safety exclusion zones around facility owned 
and controlled by the Pine Needle, RSPA believes that granting a waiver 
from the requirements of 49 CFR 193.2155(c) would not be inconsistent 
with pipeline safety, nor would it lessen public safety in this case. 
The operator must comply with all other requirements of Part 193. 
Therefore, RSPA proposes to grant the waiver.
    Interested parties are invited to comment on the proposed waiver by 
submitting in duplicate such data, views, or arguments as they may 
desire. Comments should identify the docket number and the RSPA 
rulemaking number. Comments should be addressed to the Docket Facility, 
U.S. Department Of Transportation, plaza 401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    All comments received before May 7, 1997 will be considered before 
final action is taken. Late filed comments will be considered so far as 
practicable. No public hearing is contemplated, but one may be held at 
a time and place set in a notice in the Federal Register if required by 
an interested person desiring to comment at a public hearing and 
raising a genuine issue. All comments and other docketed material will 
be available for inspection and copying in room 401 Plaza between the

[[Page 16642]]

hours of 10:00 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

    Authority: 49 App. U.S.C. 2002(h) and 2015; and 49 CFR 1.53.

    Issued in Washington, DC, on April 1, 1997.
Richard B. Felder,
Associate Administrator for Pipeline Safety.
[FR Doc. 97-8745 Filed 4-4-97; 8:45 am]
BILLING CODE 4910-60-P