[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Rules and Regulations]
[Pages 7721-7724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2898]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 190, 191, 192, 193, 195, and 199
[Docket No. RSPA-97-2251; Amdt Nos. 190-7; 191-13; 192-83; 193-15; 194-
2; 195-61; 198-3; 199-17.]
RIN 2137-AD03
Pipeline Safety: Periodic Updates to Pipeline Safety Regulations
(1997)
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Direct final rule.
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SUMMARY: This final rule is part of an annual effort by OPS to improve
safety by clarifying and updating the pipeline safety regulations.
Revisions include updated references to voluntary specifications and
standards incorporated by reference, and various clarifications and
grammatical corrections. These updates reflect the most recent editions
of each specification and standard incorporated by reference to enable
pipeline operators to utilize current technology, materials, and
practices. In addition, certain gender-specific terms have been
replaced with gender-neutral terms. Consistent with the President's
goals of regulatory reinvention and improvement of customer service,
this final rule updates the pipeline safety regulations for 1997,
thereby reducing costs and enhancing economic growth.
EFFECTIVE DATES: This direct final rule takes effect May 4, 1998. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of May 4, 1998.
If RSPA does not receive any adverse comment or notice of intent to
file an adverse comment by March 19, 1998 the rule will become
effective on the date specified. RSPA will issue a subsequent notice in
the Federal Register by April 20, 1998 after the close of the comment
period to confirm that fact and reiterate the effective date. If an
adverse comment or notice of intent to file an adverse comment is
received, RSPA will issue a timely notice in the Federal Register to
confirm that fact and RSPA would withdraw the direct final rule in
whole or in part. RSPA may then incorporate the adverse comment into a
subsequent direct final rule or may publish a notice of proposed
rulemaking.
ADDRESSES: Comments should be sent to the Dockets Facility, U.S.
Department of Transportation, Plaza 401, 400 Seventh Street, SW,
Washington, DC 20590-0001. Comments should identify the docket number
(RSPA-97-2251). Persons should submit the original document and one (1)
copy. Persons wishing to receive confirmation of receipt of their
comments must include a self-addressed, stamped postcard. The Dockets
Facility is located on the plaza level of the Nassif Building in Room
Number 401, 400 Seventh Street, SW, Washington, DC. The Dockets
Facility is open from 10:00 a.m. to 5:00 p.m., Monday through Friday,
except on Federal holidays when the facility is closed.
FOR FURTHER INFORMATION CONTACT: Eben M. Wyman, (202) 366-0918, or by
e-mail (eben.wyman@rspa.dot.gov), regarding the subject matter of this
Notice; or the Dockets Unit, (202) 366-4453, for copies of this final
rule or other material in the docket. Further information can be
obtained by accessing OPS' Internet Home Page at: ops.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
In a March 1995 memorandum, President Clinton directed Federal
regulatory agencies to, among other things, conduct a page-by-page
review of all agency regulations, cutting or revising those that were
obsolete, intrusive, or better handled by parties other than the
Federal government (i.e., private business, State, or local
government).
In response to the President's directive, RSPA issued a final rule
on May 24, 1996 (61 FR 26121) that updated references to voluntary
specifications and standards. This rulemaking is the second annual
update of the pipeline safety regulations to reduce unnecessary burdens
on the regulated community and to ensure that the pipeline safety
regulations incorporate the most current technical standards and
specifications.
Incorporation by Reference
RSPA is incorporating by reference all or portions of nine updated
documents containing practices, codes, standards, and specifications
developed and published by technical organizations, including the
American Society of Mechanical Engineers, American Society for Testing
and Materials, Manufacturers Standardization Society of the Valve and
Fittings Industry, and National Fire Protection Association. The
updated standards incorporate the latest technology and engineering
practice. Adoption of these updated documents assures that pipeline
operators will not be unnecessarily burdened with outdated materials,
design, and construction requirements.
These documents can be obtained by contacting the following
organizations:
1. American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, West Conshohocken, PA 19428.
2. The American Society of Mechanical Engineers (ASME), United
Engineering Center, 345 East 47th Street, New York, NY 10017.
3. Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park Street, NW, Vienna, VA 22180.
4. National Fire Protection Association (NFPA), 1 Batterymarch
Park, P.O. Box 9101, Quincy, MA 02269-9101.
These documents are available for inspection at the following
locations:
1. Office of Pipeline Safety, room 2335, U.S. Department of
Transportation, 400 7th Street, SW, Washington, DC 20590.
2. Office of the Federal Register, 800 N. Capitol Street, NW, Suite
700, Washington, DC 20408.
Other revisions
Clarifications
This document amends the following pipeline safety regulations to
clarify their meaning:
1. Section 192.16(b)(5) states that ``The operator (if applicable),
plumbers,
[[Page 7722]]
and heating contractors can assist in locating, inspecting, and
repairing the customer's buried piping.'' This final rule clarifies the
reference by deleting the term ``plumbers'' and inserting the phrase
``plumbing contractors''.
2. Section 192.614(b)(5) requires operators to ``Provide for
temporary marking of buried pipelines in the area of excavation
activity before, as far as practical, the activity begins.'' This
requirement can be confusing to the operator in terms of interpreting
the meaning of ``as far as practical.'' Therefore, this final rule
amends this paragraph to require temporary marking of buried pipelines
before excavation activities begin ``except in emergency situations.''
3. Section 195.56(a) describes safety-related condition reports
``under Sec. 191.55(a) . . .'', which is inaccurate. Safety-related
condition report requirements for Part 195 are contained in
Sec. 195.55(a). This final rule makes that clarification.
4. The last line of Sec. 199.17(a) provides that ``samples may be
discarded following the end of the 365-period.'' This final rule
clarifies that samples may be discarded following the end of the ``365-
day period.'' Also, this final rule revises the language containing the
term ``his representative,'' on line 8, to remove the specific
reference to gender.
Grammatical Corrections
In various sections of the pipeline safety regulations, minor
grammatical errors exist that need correction, and gender-specific
language that need revision. The following are the grammatical
corrections covered in this rulemaking:
1. Sec. 190.7(a)--addition of a comma after the term ``RSPA'', on
line 5, and revision of the language containing the term ``him,'' on
line 8, to remove the specific reference to gender.
2. Sec. 190.203(a)--addition of a comma after the term ``OPS'', on
line 3.
3. Sec. 190.209--addition of a comma after the term ``violation'',
on line 2.
4. Sec. 192.107(b)(2)--addition of a comma after the term
``section'', on line 3.
5. Sec. 193.2059(d)(1)(i)--deletion of the comma after the term
``but'' and the addition of a comma after the term ``system'' on line
8.
Updates
In Sec. 191.21 of the pipeline safety regulations, an authorization
date follows the Office of Management and Budget (OMB) Control Number.
Although the OMB number is still current, this notice removes the
unnecessary authorization date. This section is amended to read as
follows:
1. Sec. 191.21--the chart provided in this section is amended to
remove the reference to the March 31, 1986, as the final date of
approval for this OMB Control Number. This number is still current and
there is no date limiting its authority.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was
not reviewed by the Office of Management and Budget (OMB). The final
rule is not significant under the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034).
Executive Order 12612
The final rule has been analyzed with the principles and criteria
in Executive Order 12612 (``Federalism'') (52 FR 41685), and does not
have sufficient federalism impacts to warrant the preparation of a
federalism assessment.
Regulatory Flexibility Act
Based on the facts available, I certify that this final rule will
not have a significant economic impact on a substantial number of small
entities.
Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $100
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
List of Subjects
49 CFR Part 190
Compliance, Pipeline safety, Reporting.
49 CFR Part 191
Annual reports, Incident reports, Pipeline safety.
49 CFR Part 192
Incorporation by reference, Natural gas, Pipeline safety.
49 CFR Part 193
Incorporation by reference, Liquefied natural gas (LNG), Pipeline
safety.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum, Pipeline safety.
49 CFR Part 199
Drug and alcohol testing, Pipeline safety.
In consideration of the foregoing, RSPA amends 49 CFR Parts 190,
191, 192, 193, 195, and 199 as follows:
PART 190--[AMENDED]
1. The authority citation for Part 190 continues to read as
follows:
Authority: 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 et seq.;
and 49 CFR 1.53.
2. Paragraph (a) of Sec. 190.7 is revised to read as follows:
Sec. 190.7 Subpoenas; witness fees.
(a) The Administrator, RSPA, the Chief Counsel, RSPA, or the
official designated by the Administrator, RSPA, to preside over a
hearing convened in accordance with this part, may sign and issue
subpoenas individually on their own initiative or, upon request and
adequate showing by any person participating in the proceeding that the
information sought will materially advance the proceeding.
* * * * *
3. Paragraph (a) of Sec. 190.203 is revised to read as follows:
Sec. 190.203 Inspections.
(a) Officers, employees, or agents authorized by the Associate
Administrator for Pipeline Safety, RSPA, upon presenting appropriate
credentials, are authorized to enter upon, inspect, and examine, at
reasonable times and in a reasonable manner, the records and properties
of persons to the extent such records and properties are relevant to
determining the compliance of such persons with the requirements of 49
U.S.C. 60101 et seq., or regulations or orders issued thereunder.
* * * * *
4. The introductory text of Sec. 190.209 is revised to read as
follows:
Sec. 190.209 Response options.
Within 30 days of receipt of a notice of probable violation, the
respondent shall respond to the Regional Director who issued the notice
in the following way:
* * * * *
PART 191--[AMENDED]
1. The authority citation for Part 191 continues to read as
follows:
[[Page 7723]]
Authority: 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117,
60118, and 60124; and 49 CFR 1.53.
Sec. 191.21 [Amended]
2. The heading of the chart in Sec. 191.21 is amended to remove the
phrase ``APPROVED THROUGH MARCH 31, 1986.''
PART 192--[AMENDED]
1. The authority citation for Part 192 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60118; and 49 CFR 1.53.
2. Paragraph (b)(5) of Sec. 192.16 is revised to read as follows:
Sec. 192.16 Customer notification.
* * * * *
(b) * * *
(5) The operator (if applicable), plumbing contractors, and heating
contractors can assist in locating, inspecting, and repairing the
customer's buried piping.
* * * * *
3. Paragraph (b)(2) of Sec. 192.107 is revised to read as follows:
Sec. 192.107 Yield strength (S) for steel pipe.
* * * * *
(b) * * *
(2) If the pipe is not tensile tested as provided in paragraph
(b)(1) of this section, 24,000 p.s.i.
4. Paragraph (c)(5) of Sec. 192.614 is revised to read as follows:
Sec. 192.614 Damage prevention program.
* * * * *
(c) * * *
(5) Provide for temporary marking of buried pipelines in the area
of excavation activity before the activity begins, except in emergency
situations.
* * * * *
5. Appendix A of part 192 is amended by revising paragraphs II. C
(1), (2), (9) and (10), II. E (1) and II. F (1) to read as follows:
Appendix A To Part 192--Incorporated by Reference
II. Documents incorporated by reference. (Numbers in parentheses
indicate applicable editions.)
* * * * *
C. * * *
(1) ASTM Designation: A 53 ``Standard Specification for Pipe,
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless''
(A53-96).
(2) ASTM Designation A 106 ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service'' (A106-95).
* * * * *
(9) ASTM Designation D638 ``Standard Test Method for Tensile
Properties of Plastics'' (D638-96).
(10) ASTM Designation D2513 ``Standard Specification for
Thermoplastic Gas Pressure Pipe, Tubing and Fittings'' (D2513-96a).
* * * * *
E. * * *
(1) MSS SP44-96 ``Steel Pipe Line Flanges'' (includes 1996
errata) (1996).
* * * * *
F. * * *
(1) NFPA 30 ``Flammable and Combustible Liquids Code'' (1996).
* * * * *
PART 193--[AMENDED]
1. The authority citation for Part 193 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,
60110, 60113, 60118; and 49 CFR 1.53
2. Paragraph (d)(1)(i) of Sec. 193.2059 is revised to read as
follows:
Sec. 193.2059 Flammable vapor-gas dispersion protection.
* * * * *
(d) * * *
(1) * * *
(i) The rate of vaporization is not less than the sum of flash
vaporization and vaporization from boiling by heat transfer from
contact surfaces during the time necessary for spill detection,
instrument response, and automatic shutdown by the emergency shutdown
system, but not less than 10 minutes, plus, in the case of impounding
systems for LNG storage tanks with side or bottom penetrations, the
time necessary for the liquid level in the tank to reach the level of
the penetration or equilibrate with the liquid impounded assuming
failure of the internal shutoff valve.
* * * * *
3. Appendix A to Part 193 is amended by revising paragraphs
II.E(1), II.G(1), to read as follows:
Appendix A To Part 193--Incorporation By Reference
* * * * *
II. Documents Incorporated by Reference. (Numbers in Parentheses
Indicate Applicable Editions.)
* * * * *
E. * * *
1. ASME/ANSI B31.3 ``Process Piping'' (1996)--Includes 1996
Addenda.
* * * * *
G. * * *
1. NFPA 30 ``Flammable and Combustible Liquids Code'' (1996)
* * * * *
PART 195--[AMENDED]
1. The authority citation for Part 195 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118;
and 49 CFR 1.53.
2. Section 195.3 is amended by revising paragraph (c)(5) (i) and
(ii) to read as follows:
Sec. 195.3 Matter incorporated by reference.
* * * * *
(c) * * *
(5) * * *
(i) ASTM Designation A 53 ``Standard specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated Welded and Seamless'' (A 53-96).
(ii) ASTM Designation: A 106 ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service'' (A 106-95).
* * * * *
3. Paragraph (a) of Sec. 195.56 is revised to read as follows:
Sec. 195.56 Filing safety-related condition reports.
(a) Each report of a safety-related condition under Sec. 195.55(a)
must be filed (received by the Administrator) in writing within 5
working days (not including Saturdays, Sundays, or Federal holidays)
after the day a representative of the operator first determines that
the condition exists, but not later than 10 working days after the day
a representative of the operator discovers the condition. Separate
conditions may be described in a single report if they are closely
related. To file a report by facsimile (fax), dial (202) 366-7128.
* * * * *
PART 199--[AMENDED]
1. The authority citation for Part 199 continues to read as
follows:
Authority: 46 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,
60118; and 49 CFR 1.53.
2. Paragraph (a) of Sec. 199.17 is revised to read as follows:
Sec. 199.17 Retention of samples and retesting.
(a) Samples that yield positive results on confirmation must be
retained by the laboratory in properly secured, long-term, frozen
storage for at least 365 days as required by the DOT Procedures. Within
this 365-day period, the employee or the employee's representative, the
operator, the Administrator, or, if the operator is subject to the
jurisdiction of a state agency, the state agency may request that the
laboratory retain the sample for
[[Page 7724]]
an additional period. If, within the 365-day period, the laboratory has
not received a proper written request to retain the sample for a
further reasonable period specified in the request, the sample may be
discarded following the end of the 365-day period.
* * * * *
Issued in Washington, DC on January 27, 1998.
Kelley S. Coyner,
Acting Administrator.
[FR Doc. 98-2898 Filed 2-13-98; 8:45 am]
BILLING CODE 4910-60-P
