[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74468-74469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26316]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2022-0081]


Hazardous Materials: Notice of Application for Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Application for a new special permit (21283-N).

-----------------------------------------------------------------------

SUMMARY: PHMSA is publishing this notice to provide awareness and 
solicit comments on an application for a special permit currently under 
review by PHMSA in consultation with the Federal Railroad 
Administration. An applicant is seeking a special permit to authorize 
the transportation in commerce of cryogenic ethane in DOT-113C120W9 and 
DOT-113C120W tank cars via rail freight. PHMSA notes that the subject 
matter of the special permit--i.e., transportation of cryogenic 
flammable liquids in rail tank cars--raises issues similar to the 
transportation of Liquefied Natural Gas (LNG) by rail, a matter for 
which multiple rulemakings are currently pending at the agency. 
Therefore, PHMSA is providing an opportunity for public comment on the 
application.

DATES: Comments must be received by January 4, 2023. However, PHMSA 
will consider late-filed comments to the extent possible.

ADDRESSES: You may submit comments identified by the docket number 
PHMSA-2022-0081 by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: Docket Management System, U.S. Department of 
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, Ground Floor, Room W12-140 in the West Building, 1200 
New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number (PHMSA-2022-0081) for this notice at the beginning of the 
comment. Note that all comments received will be posted without change 
to http://www.regulations.gov including any personal information 
provided. If sent by mail, comments must be submitted in duplicate. 
Persons wishing to receive confirmation of receipt of their comments 
must include a self-addressed stamped postcard.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office at the above addresses.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily treated as private by its owner. Under the Freedom of 
Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this notice contain 
commercial or financial information that is customarily treated as 
private, and that is relevant or responsive to this notice, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission containing CBI as 
``PROPRIETARY.'' PHMSA will treat

[[Page 74469]]

such marked submissions as confidential under the Freedom of 
Information Act (FOIA).
    Submissions containing CBI should be sent to Tony Gale, 
Transportation Specialist, Office of Hazardous Materials Safety, (202) 
366-4535, PHMSA, East Building, PHH10, 1200 New Jersey Avenue SE, 
Washington, DC 20590. Any commentary that PHMSA receives, which is not 
specifically designated as CBI, will be placed in the public docket for 
this rulemaking.

FOR FURTHER INFORMATION CONTACT: Tony Gale, Transportation Specialist, 
Office of Hazardous Materials, Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590, (202) 366-4535.

SUPPLEMENTARY INFORMATION: Currently, the Hazardous Materials 
Regulations (HMR; 49 CFR parts 171-180) allows for transport of 
cryogenic (or refrigerated) ethane in cryogenic truck trailers 
designated MC 331 or MC 338 under 49 CFR 173.315 and in UN T75 portable 
tanks in the 49 CFR 172.101 Hazardous Materials Table, special 
provisions column. Cryogenic ethane is not currently allowed to be 
shipped in DOT 113 rail tank cars. On August 20, 2021, Gas Innovations 
LNG Refrigerants Inc. (Gas Innovations), submitted an application for a 
special permit under Sec.  107.105. Gas Innovations seeks a special 
permit for authorization to transport cryogenic ethane in DOT-113C120W9 
and DOT-113C120W rail tank cars from Marcus Hook, Pennsylvania to 
locations along the Gulf Coast of the United States, Mexico, and 
Canada. Final destinations would be points in proximity to 
petrochemical or LNG liquefication facilities where the ethane would 
receive further processing. Gas Innovations explains in its application 
(available at PHMSA-2022-0081) that ethane is a non-volatile organic 
compound that is more stable than ethylene, a material that is 
currently authorized for transportation by DOT-113C120W rail tank car 
under the HMR. Gas Innovations further states that, compared to 
ethylene, ethane has a lower vapor pressure, lower flammability in air, 
and a higher ignition temperature. Gas Innovations asserts that 
transport of cryogenic ethane is safer than transport of cryogenic 
ethylene. Gas Innovations explains that transportation of cryogenic 
ethylene is authorized in DOT-113C120W9 and DOT-113C120W rail tank cars 
consistent with the specifications set forth in 49 CFR part 179, 
subpart F which specify the design and construction requirements for 
cryogenic liquid tank car tanks. Finally, Gas Innovations notes that it 
has experience in the transportation of liquefied petroleum and other 
cryogenic products in rail tank cars. Gas Innovations believes that the 
lower risk profile of ethane compared to ethylene, together with the 
company's experience and expertise moving cryogenic products by rail 
tank car, will allow them to transport cryogenic ethane at the same 
level of safety under a special permit compared with what is currently 
authorized for rail transportation of cryogenic ethylene under the HMR.
    PHMSA notes that the proposed special permit related to the 
transportation of cryogenic flammable liquids in rail tank cars raises 
similar considerations as the transportation of LNG and the subject of 
PHMSA's Notice of Proposed Rulemaking: Suspension of HMR Amendments 
Authorizing Transportation of Liquefied Natural Gas by Rail (Docket No. 
PHMSA-2021-0058).
    PHMSA seeks comments from the public on the application for a 
special permit to transport cryogenic ethane via rail car. 
Specifically, PHMSA requests comments on the application and, if the 
special permit were to be approved, any specific operational controls 
which should be added to enhance safety and environmental impacts.
    This notice of receipt of application for special permit is 
published in accordance with 49 CFR 107.127 and the Federal hazardous 
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.97(b)). 
Comments and answers in response to questions posed in this notice are 
governed by the information collection for special permits: OMB Control 
No. 2137-0051 (Rulemaking and Special Permit Applications).

    Issued in Washington, DC, on November 29, 2022, under authority 
delegated in 49 CFR 1.97.
Donald P. Burger,
Chief, General Approvals and Permits Branch.
[FR Doc. 2022-26316 Filed 12-2-22; 8:45 am]
BILLING CODE 4910-60-P


