U.S. Department 

of Transportation 

Federal Railroad 

Administration 

Mr. Robert Fronczak 

Association of American Railroads 

425 Third Street SW 

Washington, DC 20024 

Mr. Thomas Streicher 

American Short Line and Regional Railroad Association 

50 F Street NW 

Suite 7020 

Washington, DC 20001 

Mr. Lou Sanders 

American Public Transportation Association 

1666 K Street NW 

Suite 1100 

Washington, DC 20006 

Dear Messrs. Fronczak, Streicher, and Sanders: 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Recently, a number of railroads, vendors, and other interested parties have requested 

meetings with Federal Railroad Administration (FRA) staff to discuss potential plans and 

testing programs related to the use of natural gas (either compressed natural gas (CNG) or 

liquid natural gas (LNG)) as an altemative fuel source by the railroad industry. FRA is 

supportive of all efforts to use more efficient, less polluting, and domestically produced fuel 

in rail operations. However, in order to ensure proper consideration of each party's request, 

provide adequate time to meet with each party, and an·i-..·e at productive outcomes from such 

meetings, FRA has developed a set of meeting preparation guidelines that each party should 

follow. Providing the requested information prior to the meeting will help all parties achieve 

positive results from such efforts. 

A number of stakeholders have inquired about FRA' s approval of a test program for CNG 

and LNG use. In accordance with Federal regulations, FRA has authority over vehicles that 

serve as locomotive tenders. As such, any vehicle that carries natural gas or any other 

material being used to fuel attending locomotives is subject to FRA's statutory authority 

under 49 U.S.C. Chapter 207, Locomotives (formerly known as the Locomotive Inspection 

Act (LIA)), as well as other regulatiOns applicable to locomotives and locomotive tenders. 
The regulations permit the use of a locomotive or tender only if the equipment is "in proper 

condition and safe to operate without unnecessary danger of personal injury." 

2 

Accordingly, railroads and vendors must ensure that locomotives and the equipment serving 

as locomotive tenders are safe prior to initiating tests. Therefore, FRA's rail safety 

regulations must be considered in evaluating the safety of the equipment and its proposed 

operation, and in determining compliance with the LIA. In addition, although the Hazardous 

Materials Regulations are not directly applicable to a locomotive or tender and its operations, 

the safety rationale underlying those regulations must also be considered. 

Prior to initiating the testing of new dual-fuel locomotives or tender vehicles, railroads and 

vendors must conduct a comprehensive safety analysis that must be provided to FRA for 

approval. This analysis must identify the risks of the operation and any measures designed to 

mitigate those risks. 

Enclosure 1 to this letter lists the information that must be provided to FRA before a face-toface meeting is conducted. Enclosure 2 to this letter lists the information and documents that 

must be provided to FRA if a railroad or vendor seeks approval of a proposed test plan. 

Please disseminate these enclosures and other preparatory materials to your members and 

other interested parties. 

Thank you for your cooperation in this important effort. If you or your members have any 

questions, please contact Mr. Karl Alexy, Staff Director, Hazardous Materials Division, at 

(202) 493-6245 or Karl.Alexy@dot.gov. 

Sincerely, 

a~e:?7(tJ-Ly 

Robert C. Lauby 

Acting Associate Administrator for Railroad Safety/Chief Safety Officer 

Enclosures 
Enclosure 1: Information to be submitted to FRA prior to a meeting on the 

use of compressed natural gas (CNG) or liquid natural gas (LNG) in railroad 

service 

A railroad or industry vendor meeting with the Federal Railroad Administration (FRA) to present 

its plan for testing equipment modified for CNG or LNG use as fuel must provide the following 

items, at a minimum, at least 2 weeks prior to the meeting. 

1. Statement of the objective of the meeting and the benefit to the vendor from such a 

meeting (what is the expected outcome of the meeting?). 

2. Clear description of the system to be tested, summary of the overall test plan, goals to be 

achieved in the test, and the principal elements that will be evaluated. 

3. List of the project team members and their respective duties. Include specific statements 

on whether the team includes representatives from labor unions. If not, please explain 

why. 

4. Details of the project plan for the tests. This should include, but not be limited to, the 

following items: 

a. Test plan. 

b. Schedule and milestones. 

c. Location of tests. 

d. Coordination with other stakeholders (vendors, subcontractors, emergency response 

institutions, etc.). 

e. Alternative approaches, if any. 

f. Physical layout, operational descriptions, flow diagrams, etc. 

g. Equipment design information (marked as confidential, proprietary, not for 

distribution). 

5. Evaluations of personnel and public safety issues during both the test phase and the 

operational phase. 

6. Types of data that will be collected, including an explanation of why and how these may 

be used in the design of the commercial operations. 

7. Issues that can be resolved by the railroad or vendor, and those which are external (and 

uncontrollable). 

8. List of all regulations directly or indirectly applicable, indicating how compliance with 

the regulations will be achieved. Prepare a list of items for which a waiver from the 

requirements of the Federal regulations will be required for the purpose of testing. 

9. Request for waiver from the requirements of the applicable Federal regulations for 

execution of the test plan, if compliance is not achievable. 

10. List of potential benefits from the proposed plan to the industry and the public. 
11. Set of specific questions that require a response from FRA. 

Note: If the information is considered proprietary or confidential, then confidential treatment 

must be requested and justified, in accordance with Title 49 Code of Federal Regulations 

Section 209.11, Request for confidential treatment. Further information on confidential 

treatment of submittals is available upon request. 

2 
Enclosure 2: Information to be submitted for FRA approval of a plan to test 

the use of compressed natural gas (CNG) or liquid natural gas (LNG) in 

railroad service 

A railroad or industry vendor requesting approval to test equipment modified for CNG or LNG 

use as a fuel in the rail industry must provide the following information and data to the Federal 

Railroad Administration (FRA). 

1. All items identified in Enclosure 1 when a meeting with FRA is requested. 

2. Detailed structural analysis documentation and any relevant test data to support the 

safe operation and crashworthiness of the equipment and fuel storage elements (note: 

additional analysis or validation tests may be required by FRA). 

3. Procedures for equipment maintenance and testing. 

4. Risk analyses addressing, at a minimum, the following items, where applicable: 

a. Fueling operations. 

b. Leak detection and response. 

c. Locomotive and tender separation (protection of crew). 

d. Survivability of tender, appurtenances, and connections in rail environment. 

• Crashworthiness (in such scenarios as derailment, collision, sideswipe, etc.) 

• Fatigue life 

• Excessive in-train forces 

• Fuel tank penetration protection 

5. Details of communication plans with employees, first responders, and public 

organizations. 

6. Other relevant data or information that will expedite processing an approval of the 

proposed test plan and application for a waiver. 

Note: If the information is considered proprietary or confidential, then confidential treatment 

must be requested and justified, in accordance with Title 49 Code of Federal Regulations 

Section 209.11, Request for confidential treatment. Further information on confidential 

treatment of submittals is available upon request.