[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Rules and Regulations]
[Pages 41311-41312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20296]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 193
[Docket No. PS-151; Amdt. 193-14]
RIN 2137-AC 88
Liquefied Natural Gas Regulations--Miscellaneous Amendments
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Direct final rule.
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SUMMARY: This direct final rule incorporates safety requirements for
mobile and temporary Liquefied Natural Gas (LNG) facilities by
referencing the National Fire Protection Association (NFPA) Standard
59A (1996 edition), Standard for the Production, Storage and Handling
of Liquefied Natural Gas (LNG). This rule will reduce the burden on the
industry and state and federal governments by eliminating waiver
requirements for mobile and temporary LNG facilities. In this rule RSPA
is responding to the adverse comment received on the mobile LNG
facilities requirements in the previously published direct final rule
[62 FR 8402; 2/25/97] by addressing a commenter's main concern that
states in which mobile LNG equipment is located must be notified two
weeks in advance. The remainder of the requirements for mobile LNG
facilities are unchanged.
EFFECTIVE DATES: This direct final rule takes effect October 15, 1997.
The incorporation by reference of certain publications listed in the
rule is approved by the Director of the Federal Register as of October
15, 1997. If RSPA does not receive any adverse comment or notice of
intent to file an adverse comment by September 2, 1997 the rule will
become effective on the date specified. RSPA will issue a subsequent
notice in the Federal Register by September 30, 1997 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: Send comments in duplicate to the Dockets Unit, Room 8421,
Research and Special Programs Administration, U.S. Department of
Transportation, 400 Seventh Street, SW, Washington, DC 20590. Identify
the docket and notice number stated in the heading of this notice. All
comments and docketed material will be available for inspection and
copying in Room 8421 between 8:30 a.m. and 5:00 p.m. each business day.
FOR FURTHER INFORMATION CONTACT: Mike Israni, telephone (202) 366-4571,
or e-mail: mike.israni@rspa.dot.gov, regarding the subject matter of
this document, or the Dockets Unit (202) 366-4453, for copies of this
document or other information in the docket.
SUPPLEMENTARY INFORMATION:
Background
On February 25, 1997, RSPA published a direct final rule (62 FR
8402) titled. `` Liquefied Natural Gas Regulations--Miscellaneous
Amendments.'' In that rule RSPA updated the Liquefied Natural Gas (LNG)
regulations by replacing the current `Flammable vapor-gas dispersion
protection' method with a method based on the `dense gas dispersion
(DEGADIS)' model, and replacing the current `Thermal radiation
protection' method with a method based on the ``LNGFIRE'' program
model. In addition, that final rule incorporated safety requirements
for mobile and temporary LNG facilities by referencing to the National
Fire Protection Association (NFPA) Standard 59A (1996 edition).
RSPA did not receive any comments relative to the direct final rule
provisions for Sec. 193.2057, Thermal radiation protection, and
Sec. 193.2059, Flammable vapor-gas dispersion protection. Therefore, a
separate document [62 FR 36465; July 8, 1997] confirming that the
changes to Sections 193.2057 and 193.2059 in the direct final rule
became effective on June 25, 1997, was sent to the Federal Register.
RSPA received two comments on the requirements for mobile and
temporary LNG facilities. One comment was from the industry and a
second was from an individual employed by a state utility commission.
The industry comment, from the largest independent natural gas
distribution company in New England, applauded RSPA's incorporation by
reference of the safety requirements for mobile and temporary LNG
facilities in the NFPA standard 59A. This commenter stated that the
waiver approval process for temporary LNG facilities was burdensome
because a separate waiver request to state regulators was required for
each facility. However, the commenter praised RSPA for issuing a direct
final rule which would no longer require a waiver from Part 193
requirements for these LNG facilities if they comply with NFPA 59A.
The commenter from the state utility commission expressed concern
over adopting the NFPA standard 59A by reference for the mobile and
temporary LNG facilities. This commenter noted that the specific
provisions of the 16 alternative requirements for mobile LNG facilities
that were jointly developed by New England area state representatives
were missing or were inadequately addressed in the NFPA standard 59A.
This commenter stated that RSPA should review the requirements in
greater detail, and ensure all 16 items were addressed before adopting
NFPA 59A.
RSPA, prior to initiating this rulemaking, reviewed all 16
alternative requirements and, with the exception of one issue (namely,
requiring an operator to notify the State agency having jurisdiction at
least 2 weeks in advance), determined that all requirements are
adequately addressed in NFPA standard 59A. The NFPA did not include
this requirement in standard 59A because it is beyond the NFPA's scope.
RSPA did not include it in the previous direct final rule. However,
RSPA is adding that requirement in this direct final rule.
As described in the direct final rule (February 25, 1997; 62 FR
8402), RSPA is amending 49 CFR Part 193 by adding a section 193.2019 on
mobile and temporary LNG facilities. Mobile and
[[Page 41312]]
temporary LNG facilities have a good safety record and their use has
become quite common. However, Part 193 currently does not contain
requirements for such temporary operations and many temporary
operations cannot meet some of the Part 193 requirements. In those
cases, operations have been authorized through waivers issued by the
relevant states, and approved by RSPA, for mobile and temporary
facilities for peakshaving applications, for service maintenance during
gas pipeline systems repair/alteration, or for other short term
applications. In acting on waiver requests, RSPA reviews justification
for not complying with Part 193 and requires alternative safety
provisions to maintain public safety. There has been no adverse impact
on safety as a result of the waiver process and RSPA anticipates an
equivalent level of safety following implementation of this direct
final rule. The safety guidelines and the restrictions for LNG mobile
facilities in applicable sections of NFPA 59A (1996 edition) provide an
adequate level of assurance of public safety. The safety guidelines are
identical to those required as conditions for waiver except for the
requirement shown as follows:
``The State agency having jurisdiction over pipeline safety in the
State in which the portable LNG equipment is to be located must be
provided with a location description for the installation at least 2
weeks in advance, including to the extent practical, the details of
siting, leakage containment or control, fire fighting equipment, and
methods employed to restrict public access, except that in the case of
emergency where such notice is not possible, as much advance notice as
possible must be provided.''
Because RSPA has determined that all 16 alternative requirements
have now been addressed and for the other reasons stated above, we do
not see any necessity for issuing a proposed rule. Therefore, RSPA is
incorporating by reference NFPA 59A for mobile and temporary LNG
facilities in this direct final rule. Operators will no longer need a
waiver from Part 193 requirements for mobile facilities if they comply
with the applicable sections of NFPA 59A and the requirement stated
above. This will reduce the burden on the industry and state and
federal governments without compromising safety.
Rulemaking Analysis and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rule is not considered to be a significant regulatory action
under section 3(f) of Executive Order 12866, and is not considered
significant under DOT Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979).
This rule amends LNG regulations to include requirements for mobile
and temporary facilities. This is consistent with the President's goal
of regulatory reinvention and improvement of customer service to the
American people. There is no additional cost to comply with this rule.
These changes do not warrant preparation of a Regulatory Evaluation.
Executive Order 12612
This action has been analyzed under the criteria of Executive Order
12612 (52 FR 41685; October 30,1987) and does not have sufficient
federalism impacts to warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act
Based on the facts available concerning the impact of this rule, I
certify under section 606 of the Regulatory Flexibility Act that it
does not have a significant impact on a substantial number of small
entities.
Paperwork Reduction Act
This rule does not modify the paperwork burden that LNG operators
already have. Therefore, a paperwork evaluation is unnecessary.
List of Subjects in 49 CFR Part 193
Fire prevention, Incorporation by reference, Pipeline safety,
Reporting and recordkeeping requirements, Security measures.
In consideration of the foregoing, RSPA amends part 193 of title 49
of the Code of Federal Regulations as follows:
PART 193--[AMENDED]
1. The authority citation for part 193 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60103, 60104, 60108, 60109, 60111,
60112, 60118; and 49 CFR 1.53.
2. Part 193 is amended by adding Sec. 193.2019 to subpart A to read
as follows:
Subpart A--General
Sec. 193.2019 Mobile and temporary LNG facilities
(a) Mobile and temporary LNG facilities for peakshaving
application, for service maintenance during gas pipeline systems
repair/alteration, or for other short term applications need not meet
the requirements of this part if the facilities are in compliance with
applicable sections of NFPA 59A (1996 edition).
(b) The State agency having jurisdiction over pipeline safety in
the State in which the portable LNG equipment is to be located must be
provided with a location description for the installation at least 2
weeks in advance, including to the extent practical, the details of
siting, leakage containment or control, fire fighting equipment, and
methods employed to restrict public access, except that in the case of
emergency where such notice is not possible, as much advance notice as
possible must be provided.
Issued in Washington, D. C. on July 28, 1997.
Kelley S. Coyner
Acting Administrator
[FR Doc. 97-20296 Filed 7-31-97; 8:45 am]
BILLING CODE 4910-60-U
