[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33472-33473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13447]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2021-0064]


Petition for Approval: Alaska Railroad Corporation Approval 
Extension

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of conditional approval.

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SUMMARY:  FRA is issuing this notice of conditional approval to Alaska 
Railroad Corporation (ARRC) in response to its August 29, 2020, 
petition to extend FRA's approval authorizing ARRC's transport of 
Liquefied Natural Gas (LNG) by rail in cryogenic portable tanks (T75, 
UN cryogenic portable tanks or cryogenic ISO tanks).

DATES: Comments are requested no later than August 23, 2021. FRA will 
consider comments received after that date to the extent possible, 
without incurring additional expense or delay.

ADDRESSES: All communications concerning these proceedings should 
identify the appropriate docket number and may be submitted by any of 
the following methods:
     Website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Email: hmassist@dot.gov.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter provides, to http://www.regulations.gov/ gov/, as described in the system of records notice 
(DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mark Maday, Staff Director--Hazardous 
Materials Division, Office of Railroad Safety, FRA, telephone: (202) 
493-0479 or email: Mark.Maday@dot.gov.

SUPPLEMENTARY INFORMATION: On August 29, 2020, ARRC petitioned FRA for 
an extension of an Approval granted by the Associate Administrator for 
Railroad Safety in accordance with 49 CFR 174.63 of the Hazardous 
Materials Regulations. FRA assigned the petition Docket Number FRA-
2021-0064.
    Specifically, ARRC sought extension of the approval issued under 
Sec.  174.63 to transport Methane, refrigerated liquid, UN 1972, 
Division 2.1 (Flammable gas), also commonly referred to as LNG, by rail 
in UN cryogenic portable tanks secured on flat cars via the following 
routes: (1) Mainline service between Seward, AK and Fairbanks, AK, and 
(2) branch line service of approximately 12 miles between the Port of 
Whittier, AK, and milepost 64.3 of the ARRC mainline.
    ARRC notes in its petition that it has not begun to commercially 
transport LNG under the terms of its approval. However, in its petition 
ARRC also notes that there is still a need for a clean and affordable 
energy source for interior Alaska. As a state-owned railroad operating 
under a statutory mandate to provide safe, efficient, and economical 
transportation to meet the overall needs of the state and its citizens, 
the ARRC is positioned to facilitate the solution. Additionally, ARRC 
suggests that demand for natural gas transportation is increasing, 
citing the recent installation of a 5.2-million-gallon storage tank by 
the natural gas distributor in Fairbanks, AK. ARRC describes ongoing 
business negotiations and developments that could soon result in 
opportunities to move LNG commercially by rail. Finally, ARRC projects 
that once commercial operations commence under the terms of the 
approval, there may be a need to move as much as 60 portable tanks of 
product every 4 days, utilizing two portable tanks per flatcar and a 
maximum of 30 flatcars per train.
    FRA first granted ARRC's petition in 2015. FRA's safety assessment 
was based upon detailed information provided by the ARRC, including 
results of assessments that were conducted by ARRC and evaluated by FRA 
technical experts for the routes over which LNG would be moved. In 
2017, FRA modified the approval to expand the authorization to include 
the additional 12-mile branch line route from Port of

[[Page 33473]]

Whittier, AK, to milepost 64.3 of the ARRC mainline. The previous 
approval includes conditions to reduce risks to public safety and the 
environment. FRA's previous approval letters are available in this 
public Docket for reference.
    Although ARRC hasn't yet moved any product commercially by rail, 
under the terms of FRA's previous approval, LNG has been moved 
commercially in portable tanks on other rail networks since 2017 
without incident. FRA is basing this approval on risk assessments for 
similar operations it has approved. An analysis under the National 
Environmental Policy Act was conducted for this approval; it was 
determined to be covered by the categorical exclusion in 23 CFR 
771.116(c)(15).
    FRA recognizes that public interest involving the safe 
transportation of petroleum products and specifically LNG is 
heightened, given recent regulatory actions. On July 24, 2020, the 
Pipeline and Hazardous Materials Safety Administration published a 
final rule \1\ authorizing the transportation of LNG in cryogenic tank 
cars with enhanced outer tanks (e.g., DOT-113C120W9). In the final 
rule, PHMSA indicated that 445 comments were submitted to the docket 
during the comment period.\2\ In light of the heightened public 
interest in the safe transportation of petroleum products, FRA believes 
it is appropriate to provide public notice and opportunity to comment 
on FRA's approval, to ensure that it contains all necessary conditions 
to ensure the safety of ARRC's LNG operations.
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    \1\ 85 FR 44994.
    \2\ See Docket No. PHMSA-2018-0025 available at 
www.regulations.gov.
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    FRA approves ARRC's request conditioned on compliance with 
appropriate safety measures. All conditions of FRA's prior approvals 
for ARRC remain in effect, with additional conditions added to ensure 
safe operations. Below, FRA has generally listed its conditions of 
approval, but further details on thee conditions are available in FRA's 
conditional approval letter in the public docket.
    1. Mandatory inspections.
    2. Mandatory trainings.
    3. Load limitations.
    4. Reporting requirements.
    5. Container number restrictions.
    6. Prohibition on double stacking.
    7. Train placement requirement.
    8. Speed restrictions.
    9. Regular oversight.
    10. Risk assessment.
    FRA's approval is effective through December 31, 2022. If ARRC 
desires to continue operations under this approval after December 31, 
2022, it must notify FRA of its intent to continue operations no later 
than September 1, 2022. If ARRC desires to modify its operations from 
those permitted by FRA's approval letter, it must obtain FRA's approval 
before implementing the proposed modification(s).

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2021-13447 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-06-P


