[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Rules and Regulations]
[Pages 14379-14381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6363]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 192
[Docket No. PS-113; Amendment 192-71A, 195-49A]
RIN 2137-AB44
Operation and Maintenance Procedures for Pipelines
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final Rule: Response to Petition for Reconsideration.
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SUMMARY: On February 11, 1994, RSPA issued a final rule amending
existing operation and maintenance (O&M) procedures for gas pipeline
facilities. The American Gas Association (Petitioner or A.G.A.) filed a
Petition for Reconsideration (petition) concerning five provisions of
the final rule. After careful consideration of the petition, RSPA
concludes the petition should be denied in part, and granted in part.
RSPA is granting those aspects of the petition that relate to: (1)
procedures required to be included in an operator's O&M manual, and (2)
the extent of the requirement to address malfunctions and other
deviations during abnormal operations.
EFFECTIVE DATE: This final rule takes effect April 17, 1995.
FOR FURTHER INFORMATION CONTACT: Mike Israni (202) 366-4571, concerning
the contents of this final rule, or the Dockets Unit, (202) 366-4453,
regarding copies of this final rule or other material in the docket.
SUPPLEMENTARY INFORMATION:
Background
RSPA promulgated the final rule on Operations and Maintenance
Procedures for Pipelines (59 FR 6579; February 11, 1994) pursuant to 49
U.S.C. 60101 et seq. The purpose of the rule is to ensure that gas
pipeline operators maintain thorough gas pipeline operation and
maintenance (O&M) procedures. Gas pipeline operators are now required
to include detailed procedures on normal and abnormal operation,
maintenance and emergency-response activities in their O&M manual. Gas
pipeline operators are also responsible for annually reviewing and
updating their O&M manual. Furthermore, both gas and hazardous liquid
pipeline operators are required to prepare procedures to be followed to
safeguard personnel from the hazards associated with the unsafe
accumulation of vapor or gas in excavated trenches. As RSPA explained
in the final rule, these actions will reduce the likelihood of pipeline
failures, and provide a better basis for personnel training.
Summary of Petition and Comments on Petition
In its petition, A.G.A. raised five issues relating to various
aspects of the final rule, and requested that RSPA modify or clarify
the final rule accordingly. The following sections summarize the issues
raised in the petition, and provide RSPA's response to each request.
I. Extent of a Gas Pipeline Operator's Annual Review of its O&M Manual
Petitioner asserts that the requirement that an operator review its
activities periodically to determine the effectiveness of its operation
and maintenance procedures (49 CFR 192.605(b)(8)) coupled with the
limited amount of time estimated to be required to complete an annual
update of an operator's procedures supports a change in 49 CFR
192.605(a). Specifically, petitioner urges that the annual review
required by section 192.605(a) be limited to changes needed to address
any new regulatory changes. Petitioner overstates the burden that an
annual review would place on operators if the review is not limited to
updates because of regulatory changes. Although the annual review is
not limited to regulatory changes, Sec. 192.605(a) does not require an
annual line-by-line review of every procedure contained in an
operator's manual. Neither does it require an annual comprehensive
review of an operator's activities to determine whether changes to the
operation and maintenance manual are needed.
The annual review under Sec. 192.605(a) requires that an operator
annually review its manual, and that deficiencies identified during
periodic reviews of activities (under Sec. 192.605(b)(8)) are
addressed. While serious deficiencies, possibly identified following an
accident, may require immediate correction of operating procedures,
other deficiencies may await an annual update. Updating of operation
and maintenance procedures on a regular, established basis makes good
business sense and enhances the safe operation of the pipeline.
Retaining outdated procedures could confuse an operator's personnel as
to the appropriate course of action.
Petitioner stated that 4.4 hours is insufficient time for one of
its member operators to complete this review. We agree. The 4.4 hours
noted in the preamble was based on 54,300 operators. The majority
(52,000) of these operators are the master meter operators, whose plans
are expected to be very simple and will have a minimal effect. In the
justification to support the Paperwork Reduction Act, RSPA calculated
that the initial burden was 104.3 hours per operator (based on 2,300
operators), excluding master meter operators. This 104.3 hours includes
52.2 hours that were already required by earlier O&M regulations. The
additional 52.1 burden hours represent a one-time effort to develop
additional O&M procedures that will affect these 2,300 operators only
in the first year following the publication of this regulation. After
the first year, the burden hours of all O&M regulations will return to
the annual 52.2 hours per year per operator. The paper work
justification is filed in the Docket.
Accordingly, Petitioner's request to limit the annual review
required by Sec. 192.605(a) is denied.
II. Procedures Required To Be Included in an Operator's O&M Manual
In its petition, A.G.A. asserts that section 192.605(b) of the
final rule should be clarified to reflect that an operator must only
include procedures in its manual that are applicable to its particular
pipeline system (49 CFR 192.605(b)). Petitioner believes that as
written, the regulation requires a gas pipeline operator to include O&M
procedures responsive to all of the procedural requirements listed
under sections 192.605(b)(1)-(10), regardless of whether particular
regulations are applicable to an operator's pipeline system.
In the final rule, Sec. 192.605(b) requires that the O&M manual
required by Sec. 192.605(a) must include certain specific procedures to
provide safety during maintenance and operations. Sections
192.605(b)(1)-(10) list ten [[Page 14380]] specific procedural elements
which are to be included in the operator's manual. However, not all of
these subsections are applicable to operations and maintenance
activities at every gas pipeline facility. RSPA never intended that a
gas pipeline operator have every procedure set forth in those
subsections. In response to comments, RSPA stated in the preamble to
the final rule (59 FR 6580) that:
RSPA requires operators to prepare O&M procedures only for those
pipeline facilities within their system. For example, it would not
be necessary to prepare compressor startup procedures if the company
has no compressors. The procedures should be clear, straightforward
and applicable to the company's system.
Petitioner suggests that the words ``if applicable'' be added after
the word ``following'' to the text of Sec. 192.605(b) to clarify that
procedures be prepared for operational situations only to the extent
that an operator will face such a situation.
RSPA agrees that the regulation, as written, may seem to
unnecessarily require an operator to produce procedures relating to the
operation of a gas pipeline system that have no practical value to
anyone. Therefore, RSPA is amending the final rule by adding the term
``if applicable'' in the text of Sec. 192.605(b) after the word
``following.''
III. Procedures Regarding Protection of Personnel in Excavated Trenches
From Unsafe Accumulations of Vapor or Gas
Petitioner also requested that the requirement that operators
include procedures in their operations manuals relating to worker
exposure to gas or hazardous vapors in excavated trenches (49 CFR
192.605(b)(9) and 49 CFR 195.402(c)(14)) be broadened to require
operators to include procedures to address worker safety in general.
Sections 192.605(b)(9) and 195.402(c)(14) of the final rule require
that gas and hazardous liquid operators include procedures in their
respective O&M plans to address the following:
Taking adequate precautions in excavated trenches to protect
personnel from the hazards of unsafe accumulations of vapor or gas,
and making available when needed at the excavation, emergency rescue
equipment, including a breathing apparatus and a rescue harness and
line.
RSPA does not agree with Petitioner's argument that a requirement
specifically addressing worker safety in excavated trenches will give
the ``impression that this is the only worker safety provision that
need be addressed in a proper O&M plan.'' While it may be the only
provision in this rulemaking directly addressing worker safety, many of
RSPA's rules indirectly impact worker safety.
Petitioner also argues that ``RSPA has not demonstrated that
current Office of Pipeline Safety (OPS) regulations do not adequately
prevent worker exposure to hazardous vapors or gas.'' RSPA has broad
rulemaking authority for pipeline safety. Under this authority, RSPA
may issue regulations to address specific worker safety issues as they
relate to the safe and environmentally sound transportation of gas by
pipeline. It is not necessary that RSPA ``demonstrate'' that current
regulations are inadequate before issuing specific safety regulations.
Petitioner urges RSPA to revise the worker safety provision,
stating that worker safety issues should not be addressed specifically,
but instead that the issue be addressed generically. This suggestion
goes beyond the scope of the NPRM and is not adopted.
RSPA disagrees with Petitioner's claim that compliance with this
provision would entail enormous costs. RSPA prepared a Regulatory
Evaluation which concluded that the final rule would have a positive
cost/benefit ratio. Costs of complying with the final rule are small
because most operators need only make emergency rescue equipment
available when needed at the trench excavation. RSPA did not receive
any comments to the preliminary regulatory evaluation that accompanied
the NPRM and A.G.A. has not provided detailed information about
increased costs. Furthermore, since most operators regularly train
employees in industrial safety, and currently include operator safety
as an integral part of their O&M plan, RSPA believes the costs of
revising the O&M plan to include worker safety would not be increased
significantly.
Accordingly, Petitioner's request to change sections 192.605(b)(9)
and 195.402(c)(14) is denied.
IV. Extent of Requirement to Address Malfunctions and Other Deviations
During Abnormal Operations
In its petition, A.G.A. also requested that RSPA should remove the
requirement in 49 CFR 192.605(c)(1)(v) requiring that an operator
address abnormal operations in its O&M manual. The rule states as
follows:
(c) Abnormal operation. For transmission lines, the manual required
by paragraph (a) of this section must include procedures for the
following to provide safety when operating design limits have been
exceeded:
(1) Responding to, investigating, and correcting the cause of:
* * * * *
(v) Any other malfunction of a component, deviation from normal
operation, or personnel error which may result in a hazard to persons
or property.
Petitioner asserts that this language is confusing and could be
interpreted to require operators to have written procedures in their
O&M manual describing how to respond to unforeseeable malfunctions,
deviations from normal operation, or personnel error. Petitioner
requests that RSPA clarify the regulation to indicate that an operator
need only include written procedures for ``foreseeable'' malfunctions
when design limits have been exceeded.
The operator is required to prepare procedures when operating
design limits have been exceeded, such as limits of pressure, flow, and
temperature that indicate an abnormal condition which should be
investigated and corrected to avoid approaching the strength limits of
the system and the potential for failure. Pipeline systems vary, and an
operator must be able to provide procedures to apply to the particular
requirements of its system. The operator must plan for potential
foreseeable causes of abnormal pipeline operations.
The identical rule for hazardous liquids, 49 CFR 195.402(d)(1)(v)
has been in effect since 1979 (44 FR 41197, July 16, 1979). Regulated
hazardous liquid pipeline operators have not been confused by the
regulation, apparently assuming correctly that the rule only applies to
foreseeable events. However, to avoid confusion, RSPA is amending the
final rule to add the word ``foreseeable'' in section 192.605(c)(1)(v).
V. Extent of Requirement That Operators of Natural Gas Distribution
Systems Prepare Procedures for Addressing Abnormal Operations
Petitioner asserts that the final rule should exempt natural gas
distribution systems from the requirement to have procedures for
addressing abnormal operations on its transmission lines as described
in 49 CFR 192.605(c) of the final rule. A.G.A. contends that many small
diameter and short distance pipelines ``have little similarity'' to
interstate transmission systems, but are regulated as transmission
lines only because they operate at above 20 percent of the pipe's
specified minimum yield strength (SMYS). Petitioner stated that
compliance with the regulation would require separate abnormal
operations plans for each separate section of pipe. [[Page 14381]]
RSPA agrees with Petitioner that natural gas transmission lines
operated by distribution operators in connection with their
distribution systems should be exempt from the requirement to have
procedures that address abnormal operations. This was the intent of the
final rule. The preamble to the final rule stated that ``[d]istribution
system operators are not required to prepare a manual for abnormal
conditions because they normally operate distribution pipelines at
lower pressures than transmission pipelines * * * due to the dangers
involved in operating in populated areas, most unusual operating
conditions would be considered by the distribution system operator to
be an emergency until the condition is resolved or corrected.'' (59 FR
6582; February 11, 1994.) Accordingly, RSPA is amending the final rule
to clarify that an operator of a high-pressure or low-pressure
distribution system, as defined in 49 CFR 192.3, is exempt from the
requirement to prepare a manual for abnormal operations.
Rulemaking Analyses
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rule is not considered a significant regulatory action under
section 3(f) of Executive Order 12866 and, therefore, is not subject to
review by the Office of Management and Budget. The rule is not
considered significant under the regulatory policies and procedures of
the Department of Transportation (44 FR 11034; February 26, 1979)
because it merely clarifies the content of a final rule and does not
materially affect the substance of the final rule.
Federalism Assessment
This rule will not have substantial direct effects on the
relationship between the federal government and the states, or on the
distribution of power and responsibilities among the various levels of
government. This rule only makes minor editorial changes to a
previously issued rule. Therefore, in accordance with Executive Order
12612 (52 FR 41685, October 30, 1987) RSPA has determined that this
final rule does not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.
Regulatory Flexibility Act
There are very few small entities that operate pipelines affected
by this rulemaking. To the extent than any small entity is affected,
the affect is minimal because it does not impose additional
requirements. Based on this fact, I certify under Section 605 of the
Regulatory Flexibility Act (5 U.S.C. 605; September 19, 1980) that this
rule does not have a significant economic impact on a substantial
number of small entities.
List of Subjects in 49 CFR Part 192
Pipeline safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, part 192 is amended to read as
follows:
PART 192--[AMENDED]
1. The authority citation for part 192 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60118; 49 CFR 1.53.
2. In Sec. 192.605, the introductory text of paragraph (b) is
revised to read as follows:
Sec. 192.605 Procedural manual for operations, maintenance, and
emergencies.
* * * * *
(b) Maintenance and normal operations. The manual required by
paragraph (a) of this section must include procedures for the
following, if applicable, to provide safety during maintenance and
operations.
* * * * *
3. In Sec. 192.605, paragraph (c)(1)(v) is revised, and a new
paragraph (c)(5) is added to read as follows:
Sec. 192.605 Procedural manual for operations, maintenance and
emergencies.
* * * * *
(c) * * *
(1) * * *
(v) Any other foreseeable malfunction of a component, deviation
from normal operation, or personnel error, which may result in a hazard
to persons or property.
* * * * *
(5) The requirements of this paragraph (c) do not apply to natural
gas distribution operators that are operating transmission lines in
connection with their distribution system.
D.K. Sharma,
Administrator, Research and Special Programs Administration.
[FR Doc. 95-6363 Filed 3-16-95; 8:45 am]
BILLING CODE 4910-60-P
