[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Notices]
[Pages 28103-28104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13505]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Docket No. P-97-2W; Notice 2]
Liquefied Natural Gas Facilities Petition for Waiver; Northern
Eclipse, Inc.
Northern Eclipse, Inc. (NE) petitioned the Research and Special
Programs Administration (RSPA) for a waiver from compliance with 49 CFR
Sec. 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
Northern Eclipse's proposed LNG storage facility at Fairbanks, Alaska.
The petitioner requested the waiver from compliance with the Class
1 impounding system based on the following reasons:
1. Fairbanks does not currently have natural gas service, and given
the distance to gas fields and the size of the market, petitioner
believes that LNG is the only feasible way to provide natural gas
service in the community.
2. Fairbanks is a small town by a lower-48 states standards,
however, due to international air transport and reliance of Alaskans on
air travel, Fairbanks has an international airport (FIA) with a 11,050
foot long runway. In addition, Fairbanks has a similar runway for a
U.S. military base (Fort Wainwright), and other smaller runways in the
area. The 20,000 foot restriction requirement eliminates any reasonable
site in Fairbanks for an LNG storage tank and it would not be
economically feasible to build an impounding system which would
withstand a direct impact from a 747, in order to provide gas service
to the Fairbanks community.
3. NE does not propose to locate its storage tank in the approach/
departure corridor for heavy aircraft. The areas under consideration
are approximately two miles to the side of the FIA runway.
4. NE proposes the use of a shop fabricated, heavy outer wall
storage tank of less than 70,000 gallon capacity, built to National
Aeronautical and Space Administration specifications, and likely to
survive even a direct impact from small aircraft.
5. Similar LNG storage tanks and dispensing facilities are
routinely allowed at airports without impoundment as they are not
subject to Part 193 requirements, but they pose precisely the same risk
in the event of a collision, and due to their location at the airport
pose a much greater risk of impact from an aircraft. To support this
fact, NE provided pictures of an above ground NFPA 59A LNG storage tank
at the Dallas/Fort Worth airport.
6. Part 193 contains special provisions for LNG tanks with less
than a 70,000 gallon capacity. However, Section 193.2155(c) fails to
reflect the vastly different risks posed by different sized LNG storage
tanks. A small LNG tank like that proposed by NE poses no significant
risk, and certainly no more than any other similar small energy storage
tank, such as a propane tank or a non-Part 193 LNG tank.
7. During the December 9, 1996, meeting between NE and OPS on this
issue, NE was informed that the origin of the distance of 20,000 feet
from the airport was taken from the Federal Aviation Administration's
(FAA) Regulations under 14 CFR Part 77, which define a critical area
surrounding a large airport. According to NE, only Section
77.13(a)(2)(I) of 14 CFR Part 77, addresses 20,000 ft. restriction,
which exists where there are runways of over 3,200 feet in length, and
that section refers only to the heights of structures. NE believes that
the FAA may be concerned with the height of the structure rather than
the contents.
After reviewing the petition, RSPA published a notice inviting
interested persons to comment on whether a waiver should be granted
(Notice 1) (62 FR 10307; March 6, 1970). RSPA stated it was considering
granting the requested waiver because of the unusual circumstances
described at NE's proposed LNG facility, relatively low risk to the
public safety due to a smaller tank, and the operators's use of a shop
fabricated heavy outer wall built to
[[Page 28104]]
more stringent standards than those specified under Part 193. RSPA also
stated that the operator will be required to comply with all other
requirements of Part 193 including Class 2 impounding system for the
storage tank. RSPA did not receive any comments in response to the
notice.
For the reasons explained above and in Notice 1, RSPA, by this
order, finds that the requested waiver of 49 CFR 193.2155(c) is
appropriate and is not inconsistent with pipeline safety.
Therefore, Northern Eclipse's petition for waiver from compliance
with 49 CFR 193.2155(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 15, 1997.
Cesar De Leon,
Deputy Associate Administrator for Pipeline Safety.
[FR Doc. 97-13505 Filed 5-21-97; 8:45 am]
BILLING CODE 4910-60-P
