[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18864]
[[Page Unknown]]
[Federal Register: August 3, 1994]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 192 and 195
[Docket No. PS-94; Notice 2]
[RIN 2137-AB 38]
Qualification of Pipeline Personnel
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: This notice proposes qualification standards for personnel who
perform, or directly supervise those persons performing, regulated
operation, maintenance, and emergency-response functions. This action
would amend current standards for training personnel performing
operating or maintenance activities on hazardous liquid and carbon
dioxide pipelines, and extend those standards to personnel performing
similar functions on gas pipelines. This action is taken to ensure that
pipeline personnel have the necessary knowledge and skills to
competently perform these regulated functions. The intended effect of
this proposed rulemaking is to improve pipeline safety by requiring
operators to assure the competency of pipeline personnel through
training, testing, and periodic refresher training.
DATES: Interested persons are invited to submit written comments in
duplicate by October 3, 1994. Late filed comments will be considered to
the extent practicable. Interested persons should submit as part of
their written comments all the material that is considered relevant to
any statement of fact or argument made.
ADDRESSES: Send comments to the Dockets Unit, Room 8421, Office of
Pipeline Safety (OPS), Research and Special Programs Administration,
U.S. Department of Transportation, 400 Seventh Street, SW., Washington,
DC 20590. Identify the docket and notice numbers stated in the heading
of this notice. All comments and materials cited in this document will
be available in the docket for inspection and copying in Room 8421
between 8:00 a.m. and 4:00 p.m. each working day. Non-Federal employee
visitors are admitted to DOT headquarters building through the
southwest quadrant at Seventh and E Streets.
FOR FURTHER INFORMATION CONTACT: Albert C. Garnett, (202) 366-2036,
regarding the subject matter of this notice, or Dockets Unit, (202)
366-5046, for copies of this notice or other material in the docket.
SUPPLEMENTARY INFORMATION:
Background
The pipeline safety regulations in 49 CFR Parts 192 and 195 cannot
be fully effective in preventing and mitigating pipeline accidents
unless personnel who perform regulated functions, or directly supervise
persons performing regulated functions, understand the applicable
regulations and have the knowledge and skills needed for competent
performance. Therefore, requiring operators to ensure that such
personnel are qualified to perform operating, maintenance, and
emergency response functions is an essential step in making the
pipeline safety regulations effective. Also, requiring operation,
maintenance, and emergency-response personnel to be knowledgeable about
safety-related elements, such as flammability, toxicity, potential
ignition sources, and to be able to recognize and appropriately react
to abnormal and emergency conditions should further minimize the causes
and consequences of pipeline accidents.
In accidents clearly recognized as involving human error,
circumstances often indicate that a deficiency in knowledge or skill,
i.e. lack of qualification, has been a significant accident factor.
However, the effects of personnel lacking qualifications are not always
apparent. The effects may be too subtle to be recognized as an accident
factor. For example, accidents that operators have attributed to
equipment failure or corrosion may have actually been set in motion by
poorly performed operation or maintenance procedures. In addition, the
pipeline safety regulations require operators to report ``incidents''
(49 CFR 191.3) and ``accidents'' (49 CFR 195.50) only in instances
meeting threshold requirements set out in those regulations. Thus,
there may be many more accidents involving personnel lacking
qualifications than commonly reported.
Recommendations by National Transportation Safety Board
In a letter to RSPA dated May 14, 1987, the National Transportation
Safety Board (NTSB) stated that incorrect human performance has already
caused, or contributed to the severity of, many pipeline accidents, and
that most of the errors involved could be linked to inadequate
training. NTSB identified 110 related Safety Recommendations it had
issued from 1975 through 1986 based on pipeline accidents indicating
that training of pipeline personnel needed improvement.
The following two accidents are among those cited by NTSB in its
correspondence:
On July 12, 1983, natural gas escaping under 60 psig pressure
from a crack in a substandard butt-fusion joint in a 2-inch plastic
gas main entered an apartment building in Clear Lake, Iowa. It
exploded and then burned. Two gas distribution company employees
were injured, one apartment building was destroyed, and the adjacent
apartment building was damaged heavily. Damage was estimated at more
than $1 million. Fortunately, none of the building residents were
injured or killed. Company employees had been notified earlier about
strong gas odors outside the apartments and were on site searching
for the gas leak more than 2 hours before the explosion. They did
not shut off the flow of gas to the leak and did not warn the
residents to evacuate the apartment buildings before the explosion.
NTSB recommended that the company train its employees, including
supervisors, in procedures for responding to emergencies and
protection of the public in areas exposed to leaking gas, and
reinstruct its pipe fitters/operators in all elements of the
procedures for fusion of plastic pipe.
On May 26, 1983, natural gas at 815 psig began to escape through
a failed gasket in a compressor at a transmission company's field
compressor plant near Bloomfield, New Mexico. The compressor station
operator heard a loud noise, ran to the valve manifold outside the
compressor building, and tried to shut off the gas supply to
compressor No. 14. Another employee, who also heard the noise, ran
into the compressor building and tried to shut down the compressor
engine. Before either person succeeded, the escaping gas ignited,
exploded, and burned. The two employees were burned severely,
compressor No. 14 was destroyed, another compressor was damaged, the
windows and doors of the compressor building were blown out, and
other structural damage resulted. NTSB determined that the probable
cause of the accident was the improper tightening of compressor head
bolts, resulting in the rupture of a compressor head gasket and the
escape and ignition of gas. Contributing to the accident was the
operator's failure to assure that maintenance personnel were trained
in proper bolt tightening procedures. Contributing to the extent of
damage and to the duration of the emergency was the failure by plant
personnel, due to inadequate training in emergency procedures, to
promptly relieve gas pressure in the piping by activating the
blowdown system.
In a February 1987 report (NTSB/PAR-87/01) detailing two Texas
Eastern Gas Pipeline Company accidents occurring in Kentucky in 1985
and 1986, NTSB determined that company employees who inspected
corrosion damage had not been adequately trained to assess the effect
of corrosion. It also determined that in the 1986 accident, supervisors
had not been properly trained to cooperate with local officials during
an emergency. In this report, NTSB recommended that RSPA:
Amend 49 CFR Parts 192 and 195 to require that operators of
pipelines develop and conduct selection, training, and testing
programs to annually qualify employees for correctly carrying out
each assigned responsibility which is necessary for complying with
49 CFR Part 192 and 195 as appropriate (Safety Rec. No. P-87-2).
Additionally, in the May 14, 1987, letter from NTSB to RSPA
identifying its 110 Safety Recommendations, NTSB urged OPS to require
all pipeline operators, without regard to size or ownership of the
pipeline, to develop, through job/task analyses, employee
qualifications for all activities addressed by the pipeline safety
standards.
More recently the NTSB released the following account of an
accident in Chicago that was attributed to inadequately trained gas
distribution personnel.
On January 17, 1992, employees of a natural gas utility were
performing annual maintenance on a pressure regulator station that
reduced high pressure upstream gas to the low pressure requirements
of the downstream distribution system. During this routine procedure
the pressure regulator is taken out of service and the normally
closed by-pass valve is manually throttled to control gas flow to
the low pressure distribution system. Workers operating the by-pass
valve normally determine the need to increase or decrease the gas
flow to the low pressure system by monitoring the liquid levels in
manometers installed on that system. A manometer is a clear plastic
U-tube used throughout the gas industry to measure pressure
(pressure head) in mains and services. When used on low pressure
systems the open ended U-tube commonly contains water. By observing
the difference in height of the water columns, workers can readily
determine the pressure in the connected gas piping. Although, the
workers saw the water blow out of their manometers, at least twice,
they waited for instructions from headquarters before shutting off
the gas supply by closing the 4-inch by-pass valve. The resulting
over pressure condition (as high as 10 psig) lasted about 45
minutes, during which gas in the downstream distribution system
escaped through gas appliances into homes and other buildings where
it was ignited by unidentified sources. The resulting explosion and
fires killed four people, injured four people and damaged 14 houses
and three commercial buildings. While the NTSB concluded that there
was insufficient evidence to determine which way the 4-inch by-pass
valve was turned or if it had been blocked by debris that become
dislodged, it said that the accident could have been prevented or
its severity lessened if the onsite supervisor had closed the by-
pass valve as soon as he realized that the low pressure system was
over pressured. Two of the workmen testified that they knew from
their training that when water blew out of their manometers, it was
caused by excessive high pressure gas flowing through the by-pass
valve. However, none of the crew acknowledged having been trained to
respond to emergencies, including those involving
overpressurization. NTSB found that the gas company's training
manual did not detail how to recognize or respond to those abnormal
situations employees are likely to encounter nor did it tell
supervisors the extent of their authority or reference the company's
emergency plan. Nonetheless, the NTSB found that the gas company's
service department responded very well after the gas was shut off.
The NTSB also noted that such training deficiencies are not
confined to Chicago, but are a nationwide problem. As a result of its
investigation of this accident, NTSB reiterated its 1987 recommendation
to RSPA that it require operators of pipelines to develop and conduct
selection, training and testing programs to annually qualify employees
for their safety-sensitive responsibilities under 49 CFR Parts 192 and
195.
Recommendation by DOT Inspector General
As the use of insufficiently qualified personnel by some operators
has become known, several sources in addition to NTSB have recommended
that DOT take action to regulate the qualifications of pipeline
personnel. In December 1982, the DOT Inspector General (IG) recommended
in a memorandum to the RSPA Administrator that RSPA require licensing
or certification of managers/superintendents of gas distribution
systems. The IG said:
State safety inspectors have indicated that operators of small
municipal and privately owned gas distributors are frequently
unaware of the federal safety standards or lack the know-how to
implement them. Managers or superintendents of gas distribution
systems should demonstrate a basic knowledge and understanding of
federal safety standards before they are allowed to operate/manage
the systems. Licensing or certification of natural gas distribution
operators would improve compliance and enable State safety
inspectors to provide greater coverage by reducing the amount of
time expended in explaining standards to operators. Many States
already require the operators of other utility systems to be
licensed.
Recommendations by Congress
The House Committee on Energy and Commerce in its November 17,
1987, report to accompany H.R. 2266, a bill to amend the Natural Gas
Pipeline Safety Act of 1968 (NGPSA)1 and the Hazardous Liquid
Pipeline Safety Act of 1979 (HLPSA) stated that DOT ``may
establish criteria for a program of testing for pipeline operations
employees and include licensing based on that testing if this is
appropriate'' (H.R. Rep. No. 445, Pt. 1, 100th Congress, 1st Session,
13). This bill culminated in the Pipeline Safety Reauthorization Act of
1988 (Pub. L. No. 100-561; October 31, 1988), which, in sections 101
and 201, gave DOT discretionary authority to require ``that all
individuals responsible for the operation and maintenance of pipeline
facilities be tested for qualifications and certified to perform such
functions.''
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\1\Pub. L. No. 103-272 was enacted on July 5, 1994. This Act
revises, codifies and enacts without substantive changes certain
transportation laws, including those related to pipeline safety.
Thus citations to the NGPSA and the HLPSA have been changed to 49
U.S.C. sec. 60101 et seq.
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Recommendation by Minnesota Commission on Pipeline Safety
The need for qualification standards for pipeline personnel has
also been recognized at the state level. Following the July 1986
failure of an 8-inch products pipeline in Minnesota that resulted in
the deaths of two people and serious injury to another person, the
Governor of Minnesota established the Minnesota Commission on Pipeline
Safety. This commission examined the safety and reliability of
pipelines operating in Minnesota. The commission's December 1986 report
included a recommendation that the U.S. Department of Transportation
study the need for additional registration, licensing, and
certification requirements for pipeline design and construction
personnel.
Recommendations by National Association of Pipeline Safety
Representatives
An alternative approach to government licensing or certification of
operators or operator personnel was recommended in 1986 by the National
Association of Pipeline Safety Representatives (NAPSR), an association
of state pipeline safety inspectors. In one of its annual resolutions
(1986-9) submitted to the RSPA Administrator, NAPSR urged DOT ``to
initiate a rulemaking to establish regulations which would require
natural gas operator personnel qualification.'' NAPSR made this
recommendation after determining that ``it would be in the best
interest of public safety, and as a general standard for the natural
gas industry, that all natural gas system operations be under the
direction of a person who is qualified by test, experience, and
training in natural gas work.'' Again in 1990, in one of its annual
resolutions (1990-3), NAPSR urged the DOT Office of Pipeline Safety
(OPS) ``to create specific qualification standards of uniformity across
the industry'' and that the rulemaking ``be expanded to include
personnel engaged in design and construction.'' Like NTSB, NAPSR has
recommended a rulemaking approach rather than Federal licensing or
certification. In this notice RSPA has proposed that regulated design
or construction functions required to properly accomplish covered
operation, maintenance or emergency-response work must be performed by
persons qualified as proposed in this notice. However, persons with
pipeline expertise and registered as professional engineers in the
state where the work is located are qualified for any such engineering
design under this proposal.
At this time, RSPA does not see the need to extend the proposed
qualification requirements to include personnel engaged in all
regulated design and construction functions as recommended in the NAPSR
resolution. Application of the proposed requirements to only those
personnel performing regulated operation, maintenance and emergency
response functions is consistent with the intent of the Recommendations
by Congress and the mandate contained in the Pipeline Safety Act of
1992 (below). Nonetheless, in response to that NAPSR resolution, RSPA
invites persons to comment on whether we should extend the testing and
certification requirements to personnel engaged in all regulated design
and construction of covered pipelines. Persons commenting in support of
such an extension are requested to support their positions with data
from related accidents that includes: the quantity of gas, hazardous
liquid or carbon dioxide released and any resulting deaths, personal
injuries, property damages and environmental damages.
Small Gas Systems
Although lack of sufficient training has been a factor contributing
to accidents on both large and small pipeline systems, OPS, the
advisory committees (below) and state pipeline safety inspectors
recognize that there is a particular need to improve the knowledge and
skills of personnel in some of the small gas distribution systems.
Personnel with some deficiencies include not only the operator and
operator personnel, but also contractors working for small gas
distribution systems. Small gas distribution systems are characterized
in this proposal as distribution systems serving fewer than 10,000
customers. They include petroleum gas systems (covered by Sec. 192.11)
and master meter systems (defined in Sec. 191.3), both of which usually
serve mobile home parks, housing projects, and apartment complexes; and
public, private, and municipal distribution systems. Industry sources
estimate that there are about 1,000 petroleum gas systems covered by
Sec. 192.11, that serve 10 or more customers. Additionally, information
in the OPS enforcement data base shows there are 52,000 master meter
systems and 1,150 other small public, private, and municipal
distribution systems. The lack of qualified personnel working on these
small gas distribution systems looms as a potential threat to gas
pipeline safety.
Advance Notice of Proposed Rulemaking
On March 23, 1987, OPS published an advance notice of proposed
rulemaking (ANPRM) titled, ``Pipeline Operator Qualifications,''
requesting public comment on the need for additional regulations or a
certification/licensing program regarding the qualification of
personnel who design, construct, operate, or maintain gas or hazardous
liquid pipelines (Docket PS-94, Notice 1; 52 FR 9189). The ANPRM
outlined RSPA's existing regulations requiring the qualification or
training of personnel in certain aspects of pipeline safety, such as
welding steel pipe, corrosion control, and joining plastic pipe. In
addition, the ANPRM discussed RSPA and state efforts to train operator
personnel in understanding the pipeline safety regulations.
Comments were received from 134 persons representing various gas
and liquid pipeline operators, governmental agencies, and other
interested parties. Of the 116 persons who commented on the competency
level of operator personnel, approximately 75 percent felt that a lack
of competent personnel did not pose a significant enough threat to
public safety to warrant further governmental action. However, a
minority of about 22 percent felt some attention should be given to
small gas distribution systems. Of the 60 persons who commented on the
question of whether governmental action, if taken, should apply
industry-wide or be limited to small systems, approximately 62 percent
favored the latter. Of the 34 persons expressing an opinion on the
appropriate governmental action, about 53 percent favored increasing
direct training and the preparation of guidance material for operator
personnel. The remainder were almost evenly divided between more
regulation of training/qualification and a licensing/certification
program. Of the 24 persons who commented on what areas of pipeline
safety should be covered if additional training and qualification
requirements are developed, almost everyone favored various
combinations of design, construction, operation, and maintenance.
Finally, of the 61 persons expressing an opinion on whether additional
regulations for training and qualification would result in an
improvement in pipeline safety, approximately 46 percent expected an
improvement in accidents prevented or mitigated.
Advisory Committees
The Technical Pipeline Safety Standards Committee (TPSSC) and the
Technical Hazardous Liquid Pipeline Safety Standards Committee
(THLPSSC) are OPS's gas and liquid advisory committees representing
government agencies, pipeline operators, and the public. At a joint
meeting in Washington, DC on September 23, 1987, the TPSSC and THLPSSC
discussed the ANPRM. The advisory committees generally supported
requiring all pipeline operators to conduct training and testing
programs for personnel assigned to perform operation and maintenance
functions. Many committee members were concerned, however, about the
ability of some small gas distribution system operators to provide the
necessary training, and requested that any new regulations be sensitive
to the limited financial and technical resources of these small
operators.
Subsequently, on September 13 and 14, 1988, these committees met
again in Washington, DC, and discussed a preliminary rulemaking
proposal which OPS had developed for the qualification of pipeline
personnel. The basic training and testing requirements now being put
forward for public comment were embodied in that proposal. The TPSSC
supported the proposal by unanimous vote. The THLPSSC, after making
three minor recommendations for clarification of statements in the
proposed regulations, also supported the proposal unanimously. However,
the three recommendations are no longer germane, since the statements
that required clarification have been removed from the proposed
requirements.
Congressional Mandate
Under sections 106 and 205 of the Pipeline Safety Act of 1992 (Pub.
L. No. 102-508; October 24, 1992), 49 U.S.C. Sec. 60102, Congress
mandated that DOT require ``all individuals responsible for the
operation and maintenance of pipeline facilities be tested for
qualifications and certified to perform such functions''. In complying
with the congressional mandate, DOT is required to ``address the
ability to recognize and appropriately react to abnormal operating
conditions which may indicate a dangerous situation or a condition
exceeding design limits.'' Furthermore, Congress provided that
certification may, ``as the Secretary considers appropriate, be
performed by the operator.''
Qualification and Certification
RSPA is proposing that regulated pipeline operators implement
requirements for the qualification of operation, maintenance and
emergency-response personnel (including contractor personnel) and for
the qualification of certain supervisory personnel. These requirements
would be based on the continuing training program applicable to
hazardous liquid and carbon dioxide pipeline operators. Operators would
be required to certify the qualification of personnel for the
performance of covered functions. However, RSPA is not proposing to
establish an industry-wide personnel licensing program. This decision
was made because the severity and extent of the personnel qualification
problem does not currently warrant such an ambitious undertaking. In
addition, there is no private or governmental apparatus currently in
place to conduct such extensive licensing. This decision is consistent
with the regulatory authority provided by 49 U.S.C. Sec. 60102, which
requires qualification and certification of those individuals
performing functions related to the operation and maintenance of
pipeline facilities. Of course, where local conditions warrant more
rigorous action, state agencies are not precluded from starting a
licensing or certification program for intrastate pipeline operators
under their regulatory jurisdiction.
It is difficult to assess how detailed and extensive the new
Federal personnel qualification regulations should be, because many
pipelines have unique operating and maintenance requirements.
Therefore, RSPA is proposing a more general performance-oriented
regulatory approach based on an expansion of the continuing training
program hazardous liquid operators must now provide under Sec. 195.403.
Available Training
Several states are working to improve the knowledge and skills of
operator personnel in small gas distribution systems, including master
meter systems, by state-sponsored educational programs. Currently,
states with notable training programs include Alabama, Arizona,
California, Kentucky, and Texas. In addition, some gas operators have
established statewide and regional gas associations for the purpose of
improving technical skills and the understanding of the gas pipeline
safety regulations. These associations often encourage gas equipment
suppliers to exhibit and instruct gas distribution and transmission
personnel in the proper use of special tools and equipment. Similarly,
state regulatory agencies are often encouraged to participate by
teaching or clarifying the applicable Federal/state pipeline safety
regulations to personnel working on small gas distribution systems.
At the Federal level, RSPA provides pipeline safety training
through its Transportation Safety Institute (TSI) in Oklahoma City,
Oklahoma. In 1992 and 1993 gas pipeline safety seminars taught by
instructors from the TSI were held in 20 and 21 states, respectively.
These one, two, three, and four-day seminars teach various aspects of
pipeline safety regulations and include instructional material oriented
toward the operator personnel working on small gas distribution
systems. The gas pipeline safety seminars will also be held in 26
states during 1994. Attendance at these instructive seminars requires
advance registration and payment of a modest registration fee.
Additionally, other hazardous liquid and gas pipeline safety courses
planned by TSI for presentation in 1994 include regulation compliance,
corrosion control and computer simulator dispatching. Pipeline
operators interested in further information on TSI training courses
should contact their state pipeline safety regulatory office or phone
the Pipeline Safety Division of the Transportation Safety Institute at
(405) 954-7219.
In 1989, RSPA distributed to each state pipeline safety agency a
set of 10 VHS cassettes prepared by the Pipeline Safety Section of the
Arizona Corporation Commission for training small gas distribution
operators in that state. The cassettes can be used by operators of
small distribution systems in all the states to augment the training of
their employees. The cassettes present fundamental theory and practical
application of gas distribution plus the basics of the Federal pipeline
safety regulations.
Another RSPA training aid is the ``Guidance Manual for Operators of
Small Gas Systems,'' which is available (in single copy) to pipeline
operators at no cost from the Transportation Safety Institute, Pipeline
Safety Division, DTI-60, Post Office Box 25082, Oklahoma City, Oklahoma
73125-5050. The manual was developed by RSPA with the assistance of
state pipeline safety representatives and gas distribution trade
association members. The manual has recently been revised and updated.
It provides a broad overview of compliance responsibilities under parts
191, 192, and 199 of the Federal pipeline safety regulations and is
designed for use by non-technically trained operator personnel working
on small gas distribution systems, including master meter systems.
Since the publication of the first edition in 1982, some 50,000 copies
have been disseminated to gas operator personnel.
Covered Functions
The proposed regulations apply to personnel who perform regulated
operation, maintenance, and emergency-response functions ( covered
functions ) on a ``pipeline,'' as that term is defined in Secs. 192.3
and 195.2 of the pipeline safety regulations. Additionally, the
proposed regulations would apply to ``supervisory persons'' (defined in
Secs. 192.803 and 195.503, as operators, managers, supervisors,
foremen, co-workers, and other personnel) who directly oversee persons
performing these same covered functions. Lack of qualified personnel to
perform regulated pipeline design and construction functions that are
unrelated to pipeline operation, maintenance, or emergency response has
not been identified as a significant safety problem. Thus, at this
time, no new requirements are proposed for these areas. Nonetheless, if
regulated design or construction functions are required to properly
accomplish regulated operation, maintenance, or emergency-response
work, then persons performing those related design or construction
functions must be qualified as proposed in this notice. However,
persons with pipeline expertise and registered as professional
engineers in the state where the pipeline work is located are qualified
for any such engineering design under the proposed requirements.
Covered functions are those operation, maintenance, and emergency-
response functions that are regulated by the pipeline safety
regulations. However, covered functions are not limited to those under
Part 192, Subpart L--Operations and Subpart M--Maintenance or Part 195,
Subpart F--Operation and Maintenance. The covered functions are much
broader and are generally identified as having all three of the
following characterics:
Characteristic No. 1--The function is performed by persons
either in direct contact, or in close association with pipelines
regulated by parts 192 or 195.
Characteristic No. 2--The function performed applies to
the operation or maintenance of pipelines, or the response to an
emergency involving pipelines. These functions are performed on
pipelines that are or have been in service, as opposed to new pipelines
that have not yet been readied for service. Operating functions
include, among other things, the control of pressure, movement, or
storage of gas under part 192 and hazardous liquids or carbon dioxide
under part 195. Maintenance functions keep a pipeline in proper
condition or preserve a pipeline for future use. They include, among
other things, functions involved in inspection, protection, repair,
replacement, and integrity testing. Emergency-response functions are
steps an operator takes to recognize emergency conditions; control or
mitigate their harmful effects to persons, property, or the
environment; and then return the pipeline to normal operating
conditions.
Characteristic No. 3--The function is regulated by a
provision contained in part 192 or 195. A function is regulated in
instances where a provision: (1) contains a rule that governs the
conduct of the function, or (2) requires that the function be done
according to a plan or procedure.
Proposed Subparts
Because the training and testing of pipeline personnel may be an
expanding requirement, the qualification regulations under this
proposal would be placed in new subpart N of part 192 and new subpart G
of part 195. The current Sec. 195.403 (Training) would be deleted.
Under the proposed Secs. 192.805(a) and 195.505(a), operators would
have to assure that personnel (both experienced and inexperienced) who
perform, or directly oversee persons performing, regulated operation,
maintenance, or emergency-response functions (covered functions) have
been qualified by completion of all the requirements for qualification.
Persons qualified to perform certain covered functions may need
additional training and testing before performing other covered
functions to which they are upgraded, promoted, or transferred. The
personnel affected by this proposal may be operators themselves;
regular, part-time, or temporary employees of the operator; independent
contractors and subcontractors engaged by the operator; and regular,
part-time, or temporary employees of contractors and subcontractors.
Under Secs. 192.805(b) and 195.505(b), functions required to be
performed by qualified persons may (except for the specified functions)
also be performed by persons without such qualification if, while
performing the function, those persons are accompanied and directed by
a qualified supervisory person. This provision is intended to permit
on-the-job training of persons not yet qualified. The supervisory
person involved would not only have to directly oversee performance of
the covered function, but accompany and direct the trainee (or
unqualified person) while he or she performs the function.
Moreover, supervisory persons directly overseeing qualified persons
performing covered functions would, themselves, be required to be
qualified or required to be qualified administratively for those
covered functions as required in Secs. 192.805(c) and 195.505(c). The
term ``qualified administratively'' is defined in Secs. 192.803 and
195.503.
Under the proposed Secs. 192.805(c) and 195.505(c), supervisory
persons may become qualified administratively in certain covered
functions by meeting all the proposed training and testing
requirements, except those involving the demonstration of competent
manual skills. Accordingly, supervisory persons directly overseeing
personnel such as qualified welders would be permitted an exemption
from ``hands-on'' welding. However, such supervisory persons would be
required to demonstrate an appropriate knowledge of the pipeline safety
regulations for welding--subpart E of part 192 or subpart D of part 195
as required under the proposed Secs. 192.811(d)(1) and 195.511(d)(1).
RSPA encourages the practice of some pipeline operators to require that
persons directly supervising welders be, themselves, fully qualified
welders.
Under Secs. 192.807 and 195.507, all evaluating, training, and
testing of personnel would be performed by an instructor with
demonstrable proficiency in the functions to be taught and tested.
Demonstrable proficiency is proposed to be defined as evidence of
competence acceptable to other persons with specialized training or
certification in the performance of similar functions. However, the
instructor's proficiency need only be commensurate with the level of
knowledge and skills required for competent performance of the function
on the operator's unique pipeline. This provision recognizes that the
degree or extent of knowledge and skills required to competently
perform some functions on a particular pipeline may be less than that
required for similar functions on more complex pipelines.
Operators (who own or operate pipelines) are permitted to serve as
instructors or to select operator personnel or other entities to serve
as instructors, providing that the operator or persons selected as
instructors have the required level of proficiency. An operator who
would not qualify as an instructor but would need to be evaluated for
purposes of qualification would have to obtain the evaluation from an
instructor, who could be another operator, employee of that other
operator or an entity qualified as an instructor.
Under Secs. 192.809(a) and 195.509(a), instructors would be
required to evaluate the work experience and training of persons
requiring qualification in order to determine what, if any, prior work
experience and training were suitable and applicable to that required
for competent performance of the persons' current functions. Work
experience and training that are evaluated as equivalent to any of the
general or specific training elements of Secs. 192.811 and 195.511
would not require retraining, but would require testing under
Secs. 192.813 and 195.513 to confirm the evaluation. After completion
of the evaluation of the prior experience and training of persons
performing covered functions, the operator would be required by
Secs. 192.809(b) and 195.509(b) to prepare a written or computerized
qualification training and testing schedule containing details such as
names and titles of affected persons, dates and locations for training
and testing, elements of general and specific training to be taught or
tested, and names of instructors. Under Secs. 192.809(c) and
195.509(c), the operator would be required to prepare a written or
computerized refresher training schedule showing similar details,
except that testing is not required, under this proposal, for refresher
training. The proposed elements of qualification training under
Secs. 192.811 and 195.511 are based on the training program hazardous
liquid operators are now required to conduct under Sec. 195.403(a).
However, the proposed requirements are more comprehensive.
Under the proposal, all affected personnel (except persons with
prior equivalent work experience or training that have been confirmed
by testing) would have to satisfactorily complete general training
elements of Secs. 192.811 and 195.511 appropriate to the operator's
unique pipeline and specific training elements relevant to a person's
covered functions on that unique pipeline. Operators would have to
demonstrate that their personnel have received training relevant to the
operator's unique pipeline system in the applicable elements of
Secs. 192.811 and 195.511 through any, or a combination of the
following methods: prior formal education, prior company-sponsored
training, work experience, apprenticeship, or newly provided on-the-job
or classroom training. All would qualify as legitimate training
methods. The necessary depth and length of training would be
established by the operator so that they are sufficient to assure
personnel competency as demonstrated by subsequent testing under
Secs. 192.813 and 195.513.
Under this approach, pipeline instructors would determine for each
individual what work experience and prior education or training are
relevant to that individual's covered functions and what additional
training is needed to meet the proposed elements of training.
Consequently, wholesale training should be unnecessary for most
experienced personnel of pipeline operators with currently adequate
training programs. Although this approach is intended to give operators
latitude in developing a qualification program, each operator's program
would be required to result in personnel of the operator and the
contractor being proficient in all the training elements proposed under
Secs. 192.811 and 195.511. Because the training appropriate for one
individual function, or a particular pipeline, may not be appropriate
for another individual function, or another pipeline, an operator's
qualification program would be developed and implemented to accommodate
such distinctions.
RSPA is particularly concerned that control center dispatchers and
other operating personnel are adequately trained to recognize the
abnormal operating conditions or the emergency conditions of proposed
Secs. 192.811(d)(4) and 195.511(d)(4). Further, RSPA is concerned that
control center persons and other operating personnel are adequately
trained in the appropriate reactions to restore abnormal operating
conditions to normal conditions and are adequately trained in the
appropriate reactions to prevent the development of emergency
conditions. Additionally, in the proposed Secs. 192.811(d)(5) and
195.511(d)(5), control center persons, and operating and emergency-
response personnel must be adequately trained in the appropriate
reactions to control emergency conditions or to mitigate the potential
for personal injury, death, property damage, and environmental damage.
Sections 192.811(d)(5) and 195.511(d)(5) would supplement the
requirements of the current Secs. 192.615 (Emergency plans) and 195.402
(Procedural manual for operations, maintenance, and emergencies).
Under Secs. 192.813 and 195.513, tests would have to be designed by
the operator to demonstrate that personnel possess the knowledge and
skills that training is intended to impart. Testing could be through
any, or a combination of, written, hands-on, or oral methods
appropriate for the function tested. For some functions, a suitable
test might consist of observing ``hands-on'' performance supplemented
by appropriate questioning. Operators must set the minimum acceptable
test grade at a level that would demonstrate the knowledge and skills
required to competently perform the function tested. Testing would be
required for all persons performing covered functions including
experienced personnel evaluated under Secs. 192.809(a) and 195.509(a)
to have met training requirements by equivalent prior training or
experience. RSPA believes that testing is the only reasonable way to
ensure that personnel possess the knowledge and skills required for
qualification.
Under these proposed regulations, qualification of an individual
based on training and testing would not be a one-time event. Each time
the pipeline safety regulations or the operator's procedures are
changed or new ones are put into effect, operators would have to
determine which persons may need additional training to carry out their
covered functions under the new regulations or procedures. When further
qualification training is required, it would have to be followed by a
test. When qualification is required to comply with new or revised
pipeline safety regulations, the qualification training and testing
would have to be completed before the compliance dates specified in the
rule and before the affected person begins performance of a covered
function. A similar evaluation and timely qualification process would
be required each time a person is given an operation, maintenance, or
emergency-response assignment for which that person is not qualified.
Until that person becomes qualified, the person must be accompanied and
directed by a qualified person.
The requirement of existing Sec. 195.403(a) that the training
program be continuing would be made more definite under the proposed
requirement for refresher training at intervals not to exceed 2 years.
Under the proposed Secs. 192.815 and 195.515, refresher training is
intended to be a review of the general and the appropriate specific
elements under Secs. 192.811 and 195.511. The review may be
accomplished by the same methods used for qualification training.
However, there is no exception for prior experience or training
evaluated as equivalent, as permitted in Secs. 192.811(a) and
195.511(a). An existing requirement under Sec. 195.403(c) requires
hazardous liquid operators to require and verify that their supervisors
maintain a thorough knowledge of that portion of the procedures
established under Sec. 195.402 (Procedural manual for operations,
maintenance, and emergencies). This requirement would not be continued
in its present form under the proposed qualification standards because
it is less rigorous than the proposed requirement that affected
personnel be qualified. Moreover, an existing requirement under
Sec. 195.403(b) concerning review of personnel performance relative to
the objectives of the training program would be carried forward into
proposed competency reviews under Secs. 192.817(e) and 195.517(e).
The purpose of competency reviews is to evaluate the effectiveness
of qualification training, testing, and refresher training by reviewing
the performance of personnel involved with covered functions which
resulted in reportable accidents and other nonreportable events. The
nonreportable events would be deaths, personal injuries, property
damage, or damage to the environment, any of which may have occurred
without a release of the gas, hazardous liquid, or carbon dioxide, or
otherwise did not meet the threshold limits for reportable gas
incidents under Sec. 191.5 or reportable liquid accidents under
Sec. 195.50. Among other such events would be violation of operating
procedures, and abnormal operating conditions or emergency conditions
as set out in the proposed Secs. 192.811(d)(4)-(d)(5) and
Secs. 195.511(d)(3)-(d)(4).
Within 2 months after a competency review, the operator would be
required to have identified and implemented appropriate revisions, if
any are identified, in the qualification program to reduce the
likelihood of the reoccurrence of a similar accident or event.
Sections 192.819 and 195.519 would require the operators to prepare
and maintain records showing that personnel have been trained and
tested as required. Additionally, the operator would be required to
sign and date certification statements specifying the covered functions
for which each person is qualified. The date of the certification
statement becomes the date of the persons qualification for the
specified covered functions. Records would be kept for a minimum of 3
years after a person is no longer employed by the operator in a
capacity that requires qualification.
Relation to Other Qualification Rules
Except for the removal of Sec. 195.403 discussed above, RSPA does
not intend that the qualification rules proposed by this notice
substitute for any of the existing requirements of parts 192 and 195
governing the qualification of personnel to perform specific functions.
Consequently, individuals who perform functions requiring qualification
under the existing pipeline safety regulations such as welding,
nondestructive testing, corrosion control, or plastic pipe joining as
part of a regulated operation, maintenance, or emergency-response
function on a pipeline would have to meet both the existing job-
specific qualification requirements, and the additional qualification
standards put forth in this notice.
Contractor Personnel
The proposed regulations apply to persons performing covered
functions and supervisory persons directly overseeing persons
performing covered functions. The persons may be employed by the
operator, be a contractor engaged by the operator, or be employed by
the contractor. Thus, contractor and subcontractor personnel performing
covered functions for an operator on the pipeline would be required to
be qualified, as prescribed in this notice.
The pipeline operator is responsible for assuring that contractor
personnel performing covered functions comply with the proposed
qualification requirements. To comply with this requirement, operators
may elect to implement the following steps: (1) include appropriate
``qualification of personnel'' clauses in contracts with contractors;
(2) require contractors to prepare and keep current records
demonstrating that personnel performing covered functions receive
training, testing and refresher training and, if required, competency
reviews as required by the proposed requirements in this notice; and
(3) monitor onsite contractor personnel to ensure that persons
performing covered functions are qualified and certified as proposed in
this notice.
Proposed Compliance Deadlines
RSPA proposes, under Secs. 192.821(a)-(b) and 195.521(a), that all
pipeline operators be given 6 months to prepare a qualification
training and testing schedule. However, operators of small gas systems
would be given 3 years and all other pipeline operators would be given
2 years to comply with all other requirements for personnel
qualification under the proposed Secs. 192.821 and 195.521. Based on
the recommendations of the joint advisory committees made on September
23, 1987, that the regulations be sensitive to the limited financial
and technical resources of operators of small gas distribution systems,
the proposed Secs. 192.821(b)(2)-(b)(4) would allow operators of such
systems an additional year to comply with all the regulations except
the requirement for preparation of the qualification training and
testing schedule as set out in Sec. 192.821(b)(1). This extra year
should provide a reasonable time period for small gas distribution
operators to utilize the state, Federal, and gas association training
aids to develop the relevant training and testing required to qualify
personnel to whom these proposed rules would apply. All the compliance
dates begin at the date of promulgation of the final rule in the
Federal Register.
Operators of pipelines subject to part 195 remain subject to
Sec. 195.403 until the proposed subpart G becomes effective.
Rulemaking Analyses
E.O. 12866 and DOT Regulatory Policies and Procedures
This proposed rule is considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, is subject
to review by the Office of Management and Budget (OMB). The proposal is
considered significant under the Department of Transportation Policies
and Procedures (44 FR 11034; February 26, 1979), because of the
substantial interest expressed by the pipeline industry, state and
Federal agencies, and Congress. A regulatory evaluation is available
for review in the docket.
Federalism Assessment
The proposed rulemaking action would not have substantial direct
effects on states, on the relationship between the Federal Government
and the states, or on the distribution of power and responsibilities
among the various levels of government. Therefore, in accordance with
Executive Order 12612 (52 FR 41685; October 30, 1987), RSPA has
determined that this notice does not have sufficient federalism
implications to warrant preparation of a Federalism Assessment.
Regulatory Flexibility Act
Based on the facts available about the impact of this rulemaking
action, I certify pursuant to section 605 of the Regulatory Flexibility
Act (5 U.S.C 601-612) that the action will not, if adopted as final,
have a significant economic impact on a substantial number of small
entities.
Paperwork Reduction Act
This notice of proposed rulemaking contains information collection
requirements in the form of written or computerized training and
testing schedules under the proposed Secs. 192.809 and 195.509, and
recordkeeping to substantiate the training and testing of personnel
under the proposed Secs. 192.819 and 195.519. These paperwork
requirements are necessary to properly implement 49 U.S.C. Sec. 60102.
The operator would develop the schedules and prepare and maintain the
personnel training and testing records for proper performance of the
proposed rule. However, pipeline operators with adequately qualified
personnel currently have such records of training and testing. For
persons newly trained and tested under the requirements of this
proposal, much of the information required for the personnel records
would be available in the required qualification schedules. None of
these information collection requirements would be prepared for the
purpose of submittal to RSPA.
These proposed information collection requirements have been
submitted to the OMB for approval under the Paperwork Reduction Act of
1980 (44 U.S.C. Chap. 35) and 5 CFR 1320 under the following:
ADMINISTRATION: Department of Transportation, Research and Special
Programs Administration;
TITLE: Qualification of Pipeline Personnel;
NEED FOR INFORMATION: To prevent pipeline incidents and accidents
by assuring the competency of pipeline personnel through training,
testing, and periodic refresher training;
PROPOSED USE OF INFORMATION: To ensure pipeline personnel have the
necessary knowledge and skills to competently perform regulated
operation, maintenance, and emergency response functions;
FREQUENCY: On occasion;
BURDEN ESTIMATE: $2.5 million (initially), and $0.9 million
(annually) thereafter;
RESPONDENTS: Operators subject to CFR Parts 192 & 195;
FORM(S): None;
AVERAGE BURDEN HOURS PER RESPONDENT: 1.8 hours (initially), and 0.7
hours (annually).
For further information contact: The Information Management
Division, M-34, Office of the Secretary of Transportation, 400 Seventh
Street, SW., Washington, DC 20590, Tel. (202) 366-4735.
Comments on the proposed information collection requirements should
be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Washington, DC 20503, Attn: Desk
Officer for Department of Transportation, Research and Special Programs
Administration. It is requested that comments sent to OMB also be sent
to the RSPA rulemaking docket for this proposed action.
List of Subjects
49 CFR Part 192
Natural gas, Pipeline safety, Reporting and recordkeeping
requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety,
Reporting and recordkeeping requirements.
In consideration of the foregoing, RSPA proposes to amend title 49
of the Code of Federal Regulations parts 192 and 195 as follows:
PART 192--[AMENDED]
1. The authority citation for part 192 is revised to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60118; 49 CFR 1.53.
2. A new subpart N would be added to read as follows:
Subpart N--Qualification of Pipeline Personnel
Sec.
192.801 Scope.
192.803 Definitions.
192.805 Personnel to be qualified.
192.807 Instructors.
192.809 Evaluation and scheduling.
192.811 Qualification training.
192.813 Testing.
192.815 Refresher training.
192.817 Competency reviews.
192.819 Recordkeeping.
192.821 Compliance dates.
Subpart N--Qualification of Pipeline Personnel
Sec. 192.803 Scope.
(a) This subpart prescribes minimum requirements for the
qualification of personnel performing covered functions.
(b) Under this subpart, personnel must complete requirements for
qualification training, testing, and refresher training.
(c) Under this subpart, the operator must ensure implementation of
the following requirements: identification of covered functions and
affected personnel; selection of instructors and subject matter;
evaluation of prior experience and training of personnel; scheduling
and implementation of training, testing, and refresher training;
performance of competency reviews; maintenance of qualification
records; certification of personnel and supervisory person
qualification; and adherence with compliance dates.
(d) No operator may use a person to perform any covered function
for which qualification is needed, unless and until that person is
qualified and certified by the operator, or that person is accompanied
and directed by a qualified person.
Sec. 192.803 Definitions.
As used in this subpart:
Covered functions means regulated operation, maintenance, and
emergency-response functions performed in direct contact, or in close
association with pipelines subject to this part. Covered functions are
not limited to those under Subpart L--Operations or Subpart M--
Maintenance of this part. Covered functions do not include clerical,
truck driving, accounting, or other functions not subject to this part.
Demonstrable proficiency means evidence of knowledge and skill
acceptable to other persons with specialized training or certification
in the performance of similar functions.
Demonstrated successful performance on a test means achievement of
at least the minimum acceptable grade level that demonstrates the
knowledge and skills required to competently perform the function
tested.
Personnel means persons performing covered functions or supervisory
persons directly overseeing persons performing covered functions. The
persons may be the operator or employed by the operator, be a
contractor engaged by the operator, or be employed by such contractor.
Qualification training and testing schedule means a written or
computerized schedule, prepared by the operator, that sets out the
following minimum details: names and titles of personnel, dates of
training and testing, elements of general and specific training to be
taught or tested, and names of instructors.
Qualified means meeting the training, testing, and recordkeeping
requirements of this subpart for a covered function.
Qualified administratively means meeting the training, testing, and
recordkeeping requirements of this subpart for covered functions,
except those involving the demonstration of competent ``hands-on''
skills, such as required for welding.
Refresher training schedule means a written or computerized
schedule, prepared by the operator, that sets out the details of the
qualification training and testing schedule, except that information
relating to testing is not required.
Small gas distribution systems means, as characterized in this
subpart, gas distribution systems serving fewer than 10,000 customers.
They include petroleum gas systems (covered by Sec. 192.11) and master
meter systems (defined in Sec. 191.3), both of which usually serve
mobile home parks or housing complexes; and private or municipal
systems.
Supervisory persons means persons such as operators, managers,
supervisors, foremen, co-workers and other personnel.
Sec. 192.805 Personnel to be qualified.
(a) Except as provided in paragraphs (b) and (c) of this section,
persons performing covered functions and supervisory persons directly
overseeing persons performing covered functions must be qualified under
this subpart. Personnel requiring such qualification may be the
operator or employed by the operator, be a contractor engaged by the
operator, or be employed by such contractor.
(b) Except for the covered functions of welding and nondestructive
testing under subpart E of this part and of plastic pipe joining under
subpart F of this part, personnel requiring qualification under
paragraph (a) of this section may perform a covered function without
qualification if, while performing the function, those persons are
accompanied and directed by a supervisory person qualified under this
subpart.
(c) Supervisory persons directly overseeing qualified persons
performing covered functions must, themselves, be qualified or be
qualified administratively for those functions.
Sec. 192.807 Instructors.
(a) To implement the evaluating, training, and testing requirements
of this subpart, an instructor (the operator or others selected by the
operator) must have demonstrable proficiency in the functions to be
taught and tested commensurate with the level of knowledge and skills
required for the operator's unique pipeline system.
(b) Whenever an instructor selected by the operator is a person or
entity other than the operator or operator personnel, the operator
remains responsible for ensuring that the requirements of this subpart
are complied with.
Sec. 192.809 Evaluation and scheduling.
(a) The instructor shall evaluate any prior experience and training
of personnel requiring qualification under Sec. 192.805. Previous
experience or training equivalent to any of the general or specific
training elements of Sec. 192.811 would not require qualification
training in those elements, but would require testing under
Sec. 192.813.
(b) To ensure completion of the evaluation under paragraph (a) of
this section and the scheduling necessary for implementation of
training and testing under Secs. 192.811 and 192.813, the operator
shall prepare a written or computerized qualification training and
testing schedule. The schedule shall contain names and titles of
affected persons, dates and locations for training and testing,
elements of general and specific training to be taught or tested, and
names of instructors.
(c) To ensure completion of the scheduling necessary for
implementation of the refresher training under Sec. 192.815, the
operator shall prepare a written or computerized refresher training
schedule. The schedule shall contain details, with the exception of
testing, similar to those required in paragraph (b) of this section.
Sec. 192.811 Qualification training.
(a) Except for any prior experience or training evaluated as
equivalent under Sec. 192.809(a), to be qualified under this subpart,
personnel must satisfactorily complete general and specific training
appropriate to the operator's unique pipeline system. Supervisory
persons are required to be similarly qualified or, under
Sec. 192.805(c), are permitted to be qualified administratively.
(b) General and specific training may be acquired through one or
any combination of classroom education, operator-sponsored training,
on-the-job training, or apprenticeship.
(c) Minimum general training required by all persons includes
knowledge of the following elements:
(1) Characteristics and hazardous properties of gas transported,
such as explosive range, temperature, and corrosive effects on pipeline
systems, as well as toxicity, olfactory, asphyxiatory, and temperature
effects on persons, property, and the environment;
(2) Potential ignition sources of escaping gas;
(3) Purpose and operation of the damage prevention program in
Sec. 192.614 including the operation of one-call systems; and
(4) Purpose of the drug testing program under part 199 of this
chapter.
(d) Minimum specific training required when relevant to a person's
function includes knowledge of the following elements:
(1) Requirements of the other subparts of this part;
(2) Requirements of part 191 of this chapter--Transportation of
Natural and Other Gas by Pipelines: Annual Reports; Incident Reports,
and Safety-Related Condition Reports;
(3) Requirements of part 199 of this chapter--Drug Testing;
(4) Recognition of abnormal and emergency conditions:
(i) Ability to recognize abnormal operating conditions which may
indicate a dangerous situation or a condition exceeding operating
design limitations, such as a pressure above the maximum allowable
operating pressure but not exceeding the limitations of Sec. 192.201,
and to recognize other conditions such as those in Secs. 192.605 (c)
and (f).
(ii) Ability to recognize emergency conditions such as an operating
pressure exceeding the limitations of Sec. 192.201 and to recognize
emergency conditions such as those in Secs. 192.605 and 192.615.
(iii) Training for paragraphs (d)(4)(i) and (d)(4)(ii) of this
section shall, where feasible, utilize simulated pipeline conditions.
(5) Reaction to abnormal and emergency conditions:
(i) Ability to react appropriately to an abnormal operating
condition or to a condition exceeding design limitations in a manner
that restores the normal operating condition or prevents the
development of an emergency condition.
(ii) Ability to react appropriately to an emergency condition to
control or mitigate the potential for personal injury, death, property
damage, and environmental damage.
(iii) Training for paragraphs (d)(5)(i) and (d)(5)(ii) of this
section shall, where feasible, utilize simulated pipeline conditions.
(6) Requirements for notifying and responding to notifications from
one-call systems where the operator is a participating member;
(7) Repairs of pipelines using appropriate precautions, such as
isolation, purging, and venting;
(8) Proper operation and maintenance of available combustible gas
detecting equipment and locating instruments for underground pipelines.
(9) Firefighting procedures and proper use of available equipment,
such as fire suits, breathing apparatus, water hoses, and chemical fire
extinguishers (by utilizing, where feasible, simulated pipeline
emergency conditions).
Sec. 192.813 Testing.
(a) Except as provided for supervisory persons in this paragraph,
to be qualified under this subpart, personnel must have demonstrated
successful performance on a test of the general training elements in
Sec. 192.811(c) and relevant specific training elements in
Sec. 192.811(d). Testing may be performed through one or any
combination of written, hands-on, or oral methods appropriate for the
function tested. Supervisory persons are required to be similarly
qualified or, under Sec. 192.805(c), are permitted to be qualified
administratively.
(b) Testing is not required for the refresher training under
Sec. 192.815.
Sec. 192.815 Refresher training.
(a) To remain qualified under this subpart personnel, within 24
months of the date of the certification statement required under
Sec. 192.819(b), must receive refresher training. Refresher training is
a review of the requirements for general training and the appropriate
requirements for specific training under Sec. 192.811.
(b) Refresher training is required within 24-month intervals
thereafter.
Sec. 192.817 Competency reviews.
At intervals not exceeding 7 months, but at least twice each
calendar year, an operator shall review the performance of any
personnel involved in an incident (reportable or nonreportable events
under Sec. 191.5 of this chapter) that resulted in an explosion, fire,
unintentional release of gas, personal injury or death, property damage
to the operator or others, damage to the environment or that is a
violation of the operator's procedures under Sec. 192.605. Among other
such events are abnormal operating conditions or emergency conditions
set out in Secs. 192.811 (d)(4) and (d)(5). Within 2 months after a
competency review, the operator shall:
(a) Evaluate the effectiveness of qualification training, testing,
and refresher training required by this subpart; and
(b) Identify and implement appropriate revisions, if any, in the
qualification program to improve the competency of operator personnel
in order to reduce the likelihood of similar incidents.
Sec. 192.819 Recordkeeping.
(a) For personnel qualified to perform covered functions, the
operator shall prepare and maintain written or computerized records and
dates of:
(1) The general and specific training elements of Sec. 192.811
which the person has satisfactorily completed;
(2) The results of the testing required by Sec. 192.813 indicating
the person has demonstrated successful performance; and
(3) The refresher training required by Sec. 192.815 which the
person has received.
(b) Each operator shall sign and date the following statements, and
include it among the records for each qualified person: ``I certify
that on this date [insert name of person] is [qualified or qualified
administratively] to perform the specified covered function(s) by the
training and testing required by 49 CFR Part 192, Subpart N, as
demonstrated by the accompanying record(s) prepared for that person in
accordance with Sec. 192.819.''
(c) The records shall be retained for at least 36 months after a
person ceases to be employed by the operator in a capacity that
requires qualification under this subpart.
Sec. 192.821 Compliance dates.
(a) Except for operators of small gas systems under paragraph (b)
of this section, operators shall meet the following compliance dates:
(1) Completion of the initial qualification training and testing
schedule required by Sec. 192.809(b) before [6 months after date of
publication of final rule];
(2) Completion of the initial qualification training and testing
required by Secs. 192.811 and 192.813 and recordkeeping required by
Sec. 192.819 before [24 months after date of publication of final
rule];
(3) Completion of the initial refresher training schedule required
by Sec. 192.809(c) before [30 months after publication of final rule].
Thereafter, the refresher training schedule shall be updated as
necessary for implementation of the requirements for refresher training
under Sec. 192.815;
(4) Completion of the initial refresher training required by
Sec. 192.815 before [42 months after date of publication of final
rule]; and
(5) Completion of the initial competency reviews, if any, required
under Sec. 192.817 before [12 months after date of publication of final
rule].
(b) Operators of small gas distribution systems defined in
Sec. 192.803 shall meet the following compliance dates:
(1) Completion of the initial qualification training and testing
schedule required by Sec. 192.809(b) before [6 months after date of
publication of final rule];
(2) Completion of the initial qualification training and testing
required by Secs. 192.811 and 192.813 and recordkeeping required by
Sec. 192.819 before [36 months after date of publication of final
rule];
(3) Completion of the initial refresher training schedule required
by Sec. 192.809(c) before [42 month after date of publication of final
rule]. Thereafter, the schedule shall be updated as necessary for
implementation of the requirements for refresher training under
Sec. 192.815;
(4) Completion of the initial refresher training required by
Sec. 192.815 before [54 months after date of publication of final
rule]; and
(5) Completion of the initial competency reviews, if any, required
under Sec. 192.817 before [24 months after date of publication of final
rule].
PART 195--[AMENDED]
3. The authority citation for part 195 is revised to read as
follows:
Authority: 49 U.S.C. 60102, 60104, 60108, 60109; 49 CFR 1.53.
4. Section 195.403 would be removed and reserved and a new subpart
G would be added to read as follows:
Subpart G--Qualification of Pipeline Personnel
Sec.
195.501 Scope.
195.503 Definitions.
195.505 Personnel to be qualified.
195.507 Instructors.
195.509 Evaluation and Scheduling.
195.511 Qualification training.
195.513 Testing.
195.515 Refresher training.
195.517 Competency reviews.
195.519 Recordkeeping.
195.521 Compliance dates.
Subpart G--Qualification of Pipeline Personnel.
Sec. 192.503 Scope.
(a) This subpart prescribes minimum requirements for the
qualification of personnel performing covered functions.
(b) Under this subpart, personnel must complete requirements for
qualification training, testing, and refresher training.
(c) Under this subpart, the operator must ensure implementation of
the following requirements: identification of covered functions and
affected personnel; selection of instructors and subject matter;
evaluation of prior experience and training of personnel; scheduling
and implementation of training, testing, and refresher training;
performance of competency reviews; maintenance of qualification
records; certification of personnel and supervisory person
qualification; and adherence with compliance dates.
(d) No operator may use a person to perform any covered function
for which qualification is needed, unless and until that person is
qualified and certified by the operator, or that person is accompanied
and directed by a qualified person.
Sec. 195.503 Definitions.
As used in this subpart:
Covered functions means regulated operation, maintenance, and
emergency-response functions performed in direct contact, or in close
association with pipelines subject to this part. Covered functions are
not limited to those under Subpart F--Operation and Maintenance of this
part. Covered functions do not include clerical, truck driving,
accounting, or other functions not subject to this part.
Demonstrable proficiency means evidence of knowledge and skill
acceptable to other persons with specialized training or certification
in the performance of similar functions.
Demonstrated successful performance on a test means achievement of
at least the minimum acceptable grade level that demonstrates the
knowledge and skills required to competently perform the function
tested.
Personnel means persons performing covered functions or supervisory
persons directly overseeing persons performing covered functions. The
persons may be the operator or employed by the operator, be a
contractor engaged by the operator, or be employed by such contractor.
Qualification training and testing schedule means a written or
computerized schedule, prepared by the operator, that sets out the
following minimum details: names and titles of personnel, dates of
training and testing, elements of general and specific training to be
taught or tested, and names of instructors.
Qualified means meeting the training, testing, and recordkeeping
requirements of this subpart for a covered function.
Qualified administratively means meeting the training, testing, and
recordkeeping requirements of this subpart for a covered function,
except those involving the demonstration of competent ``hands-on''
skills, such as required for welding.
Refresher training schedule means a written or computerized
schedule, prepared by the operator, setting out the same details as the
qualification training and testing schedule, except that information
relating to testing is not required.
Supervisory persons means persons such as operators, managers,
supervisors, foremen, co-workers and other personnel.
Sec. 195.505 Personnel to be qualified.
(a) Except as provided in paragraphs (b) and (c) of this section,
persons performing covered functions and supervisory persons directly
overseeing persons performing covered functions must be qualified under
this subpart. Personnel requiring such qualification may be the
operator or employed by the operator, be a contractor engaged by the
operator, or be employed by such contractor.
(b) Except for the covered functions of welding and nondestructive
testing under subpart D of this part, personnel requiring qualification
under paragraph (a) of this section may perform a covered function
without qualification if, while performing the function, those persons
are accompanied and directed by a supervisory person qualified under
this subpart.
(c) Supervisory persons directly overseeing qualified persons
performing covered functions must, themselves, be qualified or be
qualified administratively for those functions.
Sec. 195.507 Instructors.
(a) To implement the evaluating, training, and testing requirements
of this subpart, an instructor (the operator or others selected by the
operator) must have demonstrable proficiency in the functions to be
taught and tested commensurate with the level of knowledge and skills
required for the operator's unique pipeline system.
(b) Whenever an instructor selected by the operator is a person or
entity other than the operator or operator personnel, the operator
remains responsible for ensuring that the requirements of this subpart
are complied with.
Sec. 195.509 Evaluation and scheduling.
(a) The instructor shall evaluate any prior experience and training
of personnel requiring qualification under Sec. 195.505. Previous
experience or training equivalent to any of the general or specific
training elements of Sec. 195.511 would not require qualification
training in those elements, but would require testing under
Sec. 195.513.
(b) To ensure completion of the evaluation under paragraph (a) of
this section and the scheduling necessary for implementation of
training and testing under Secs. 195.511 and 195.513, the operator
shall prepare a written or computerized qualification training and
testing schedule. The schedule shall contain names and titles of
affected persons, dates and locations for training and testing,
elements of general and specific training to be taught or tested, and
names of instructors.
(c) To ensure completion of the scheduling necessary for
implementation of the refresher training under Sec. 195.515, the
operator shall prepare a written or computerized refresher training
schedule. The schedule shall contain details, with the exception of
testing, similar to those required in paragraph (b) of this section.
Sec. 195.511 Qualification training.
(a) Except for any prior experience or training evaluated as
equivalent under Sec. 195.509(a), to be qualified under this part,
personnel must satisfactorily complete general and specific training
appropriate to the operator's unique pipeline system. Supervisory
persons are required to be similarly qualified or, under
Sec. 195.505(c), to be qualified administratively.
(b) General and specific training may be acquired through one or
any combination of classroom education, operator-sponsored training,
on-the-job training, or apprenticeship.
(c) Minimum general training required by all persons includes
knowledge of the following elements:
(1) Characteristics and hazardous properties of non-HVL hazardous
liquid, HVL, or carbon dioxide transported, such as flammability range,
temperature, and corrosive effects on pipeline systems, as well as
toxicity, olfactory, asphyxiatory, low temperature freeze burns, and
vapor cloud effects on persons, property, and the environment;
(2) Potential ignition sources of escaping liquids;
(3) Purpose and operation of the damage prevention program in
effect by the operator; and
(4) Purpose of the drug testing program under part 199 of this
chapter.
(d) Minimum specific training required when relevant to a person's
function includes knowledge of the following elements:
(1) Requirements of the other subparts of this part;
(2) Requirements of part 194 of this chapter--Response Plans for
Onshore Oil Pipelines;
(3) Requirements of part 199 of this chapter--Drug Testing;
(4) Recognition of abnormal and emergency conditions:
(i) Ability to recognize abnormal operating conditions which may
indicate a dangerous situation or a condition exceeding operating
limitations, such as a pressure above the normal operating pressure but
not exceeding the limitations of Sec. 195.406(b), and to recognize
other conditions such as those in Sec. 195.402(d).
(ii) Ability to recognize emergency conditions such as an operating
pressure exceeding the limitations of Sec. 195.406(b) and to recognize
emergency conditions such as those in Sec. 195.402(e) including release
of carbon dioxide.
(iii) Training for paragraphs (d)(4)(i) and (d)(4)(ii) of this
section shall, where feasible, utilize simulated pipeline emergencies.
(5) Reaction to abnormal and emergency conditions:
(i) Ability to react appropriately to an abnormal operating
condition or to a condition exceeding design limitations in a manner
that restores the normal operating condition or prevents the
development of an emergency condition.
(ii) Ability to react appropriately to an emergency condition to
control or mitigate the potential for personal injury, death, property
damage, and environmental damage.
(iii) Training for paragraphs (d)(5)(i) and (d)(5)(ii) of this
section shall, where feasible, utilize simulated pipeline conditions.
(6) Requirements for notifying and responding to notifications from
one-call systems where the operator is a participating member;
(7) Repairs of pipelines using appropriate precautions, such as
isolation, purging, and venting;
(8) Proper operation and maintenance of available combustible gas
detecting equipment and locating instruments for underground pipelines;
and
(9) Firefighting procedures and proper use of available equipment,
such as fire suits, breathing apparatus, water hoses, and chemical fire
extinguishers (by utilizing, where feasible, simulated pipeline
emergency conditions).
Sec. 195.513 Testing.
(a) Except as provided for supervisory persons in this paragraph,
to be qualified under this subpart, personnel must have demonstrated
successful performance on a test of the general training elements in
Sec. 195.511(c) and relevant specific training elements in
Sec. 195.511(d). Testing may be performed through one or any
combination of written, hands-on, or oral methods appropriate for the
function tested. Supervisory persons are required to be similarly
qualified or, under Sec. 195.805(c), are permitted to be qualified
administratively.
(b) Testing is not required for the refresher training under
Sec. 195.515.
Sec. 195.515 Refresher training.
(a) To remain qualified under this subpart personnel, within 24
months of the date of the certification statement required under
Sec. 195.519(b), must receive refresher training. Refresher training is
a review of the requirements for general training and the appropriate
requirements for specific training under Sec. 195.511.
(b) Refresher training is required within 24-month intervals
thereafter.
Sec. 195.517 Competency reviews.
At intervals not exceeding 7 months, but at least twice each
calendar year, an operator shall review the performance of any
personnel involved in an accident (reportable or nonreportable event
under Sec. 195.50) that resulted in an explosion, fire, unintentional
release of liquid, personal injury or death, property damage to the
operator or others, or damage to the environment or that is a violation
of the operator's procedures under Sec. 195.402. Among other such
events are abnormal operating conditions or emergency conditions set
out Secs. 195.511(d)(3) and (d)(4). Within 2 months after a competency
review, the operator shall:
(a) Evaluate the effectiveness of qualification training, testing,
and refresher training required by this subpart; and
(b) Identify and implement appropriate revisions, if any, in the
qualification program to improve the competency of operator personnel
in order to reduce the likelihood of similar incidents.
Sec. 195.519 Recordkeeping.
(a) For personnel qualified to perform covered functions, the
operator shall prepare and maintain written or computerized records and
dates of:
(1) The general and specific training elements of Sec. 192.511
which the person has satisfactorily completed;
(2) The results of the testing required by Sec. 195.513 indicating
the person has demonstrated successful performance; and
(3) The refresher training required by Sec. 195.515 which the
person has received.
(b) Each operator shall sign and date the following certification,
and include it among the records for each qualified person. ``I certify
that on this date [insert name of person] is [qualified or qualified
administratively] to perform the specified covered function(s) by the
training and testing required under 49 CFR Part 195, Subpart G, as
demonstrated by the accompanying record(s) prepared for that person in
accordance with Sec. 195.519.''
(c) The records shall be retained for at least 3 years after a
person ceases to be employed by the operator in a capacity that
requires qualification under this subpart.
Sec. 195.521 Compliance dates.
Operators shall meet the following compliance dates:
(a) Completion of the qualification training and testing schedule
required by Sec. 195.509(b) before [6 months after date of publication
of final rule];
(b) Completion of the qualification training and testing required
by Secs. 195.511 and 195.513 and recordkeeping required by Sec. 195.519
before [24 months after date of publication of final rule];
(c) Completion of the initial refresher training schedule required
by Sec. 195.509(c) before [30 months after publication of final rule].
Thereafter, the refresher training schedule shall be updated as
necessary for implementation of the requirements for refresher training
under Sec. 195.515.
(d) Completion of the initial refresher training required by
Sec. 195.515 before [36 months after date of publication of final
rule].
(e) Completion of the initial competency reviews, if any are
required under Sec. 195.517 before [12 months after date of publication
of final rule].
Issued in Washington, DC on July 27, 1994.
George W. Tenley, Jr.,
Associate Administrator for Pipeline Safety.
[FR Doc. 94-18864 Filed 8-2-94; 8:45 am]
BILLING CODE 4910-60-P
