[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Notices]
[Page 28104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13507]


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DEPARTMENT OF TRANSPORTATION

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


Liquefied Natural Gas Facilities Grant of Waiver; Pine Needle LNG 
Co.

    Pine Needle LNG Company (Pine Needle) 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.
    Pine Needle's rationale for the waiver from compliance with 49 CFR 
193.2155(c) was based on the following:
    1. The 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 Section 193.2155(c).
    2. The vertical clearance of an aircraft over the top of the Pine 
Needle earthen containment dikes would be 1,023 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 2,600-foot runway length would 
likely preclude large aircraft, as defined by 14 CFR 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 
that would be inconsistent with the requirements of Sections 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 the hilly terrain and the 
undeveloped safety exclusion zones around the facility would adequately 
provide for hazard containment.
    After reviewing the petition, RSPA published a notice inviting 
interested persons to comment on whether a waiver should be granted 
(Notice 1) (62 FR 16641; April 7, 1997). RSPA stated it was considering 
granting the requested waiver because of the unusual circumstances at 
Pine Needle's proposed LNG facility, i.e., 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. Of course, the operator must comply with all other requirements 
of part 193. RSPA did not receive any comments in response to the 
notice.
    For the reasons explained above and in Notice 1, RSPA finds that 
the requested waiver of 49 CFR 195.2155(c) is appropriate and is not 
inconsistent with pipeline safety. Therefore, Pine Needle Company's 
petition for waiver from compliance with 49 CFR 195.2155(c) is granted, 
effective May 22, 1997.

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

    Issued in Washington, D.C., on May 16, 1997.
Cesar De Leon,
Deputy Associate Administrator for Pipeline Safety.
[FR Doc. 97-13507 Filed 5-21-97; 8:45 am]
BILLING CODE 4910-60-P