[Federal Register Volume 59, Number 29 (Friday, February 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3186]


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[Federal Register: February 11, 1994]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[Docket No. PS-113; Amendment 192-71, 195-49]
RIN 2137-AB44

 

Operation and Maintenance Procedures for Pipelines

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule establishes procedures to be followed in the 
operation and maintenance (O&M) of gas pipeline facilities. This action 
amends current standards by requiring regulated gas pipeline operators 
to include detailed procedures regarding normal and abnormal operation, 
maintenance and emergency-response activities in their O&M manual. 
Furthermore, operators are required to review and update their O&M 
manual each calendar year. Finally, this final rule requires that 
regulated gas and hazardous liquid pipeline operators prepare and 
follow procedures to safeguard personnel from the hazards associated 
with the unsafe accumulation of vapor or gas in excavated trenches.

EFFECTIVE DATES: This final rule takes effect February 11, 1995. 
However, Secs. 192.605(b)(9) and 195.402(c)(14) become effective March 
14, 1994.

FOR FURTHER INFORMATION CONTACT: Jack Willock, (202) 366-2392, 
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

    The Research and Special Programs Administration (RSPA) issued a 
Notice of Proposed Rulemaking (NPRM) on November 6, 1989 (54 FR 46685) 
inviting comment on proposed amendments to Part 192. The amendments 
were intended to clarify and delineate gas pipeline operation and 
maintenance (O&M) procedures, thereby reducing the likelihood of 
failures and providing a better basis for personnel training.
    The rulemaking was prompted by a RSPA Task Force investigation of 
four incidents by a major transmission company in a two year period. 
The incidents caused 10 deaths, 36 injuries and significant property 
damage. The Task Force examined the company's O&M procedures, and those 
of five others, all operating in Kentucky where three of the four 
incidents occurred. It concluded that RSPA should revise Sec. 192.605, 
Essentials of operating and maintenance plan, to provide more guidance 
for operators in O&M procedures (similar to Sec. 192.615 regarding 
emergency plans, and Sec. 195.402 regarding liquid pipeline procedural 
manuals). The NPRM also proposed new requirements under Parts 192 and 
195 relating to the safety of personnel in trenches.

Comment Summary

    RSPA received 56 comments on the notice from one city, four states, 
one Federal agency, five industry associations, and 45 gas transmission 
and distribution companies. The government affiliated commenters 
generally agreed with the proposed rules. The industry associations and 
companies supplied both general and specific comments against portions 
of the rulemaking. Since issuance of the NPRM, industry opposition to 
portions of the rule has significantly decreased. Many regulated 
entities have unilaterally moved to adopt similar O&M procedures in 
anticipation of this final rule. A topic by topic discussion of the 
substantive comments and RSPA responses to those comments follows.
    Comments on Parallel Regulations: Four industry associations and 16 
pipeline operators argued against RSPA's goal to make the regulations 
governing gas and liquid O&M procedures parallel each other. Several 
stated that significant differences exist in the operating 
characteristics and physical properties of natural gas and hazardous 
liquids that affect the potential public safety risk posed by a 
pipeline leak. Those opposing the rule pointed to the physical property 
difference between gas and liquids, and noted that liquids tend to 
``spread out'' and pollute the environment while gases tend to vent 
harmlessly into the atmosphere. They said a natural gas leak would 
affect the immediate vicinity of the pipeline while a hazardous liquid 
leak could spread over wide areas and cause considerable environmental 
damage.
    Response: RSPA believes that parallelism should be maintained 
between the O&M procedure requirements of Parts 192 and 195. The 
existence of two separate sets of regulations is an acknowledgment of 
the distinctions between gas and liquid pipelines. However, RSPA 
believes that the O&M similarities vastly outnumber the differences, 
and that compliance, particularly for operators who have both liquid 
and gas pipelines, is enhanced by making the two regulations reasonably 
similar while recognizing the technical distinctions between gas and 
liquid pipelines. RSPA agrees with the commenters that liquids have the 
potential to cause widespread environmental damage by pollution, but 
also believes that, under appropriate conditions, natural gas leaks and 
explosions may also have far reaching effects on property and life.
    Comments on General Provisions (Proposed Sec. 192.603(b)): RSPA 
received comments from 2 operators objecting to proposed 
Sec. 192.603(b) which requires operators to keep records necessary to 
administer the procedures established under Sec. 192.605.
    Response: Proposed Sec. 192.603(b) is merely a restatement of a 
portion of existing Sec. 192.603(b). Section 192.603(b) is adopted as 
proposed.
    Comments on O&M Manuals (Proposed Sec. 192.605(a)): Two industry 
associations and 15 operators recommended that RSPA not specify those 
written procedures that operators must keep in their O&M manual. 
Companies currently have Operation and Maintenance Manuals, Emergency 
Manuals, Plumber Manuals, Leak Control Manuals, Corrosion Manuals and 
other manuals containing information vital to pipeline operation. 
Operators have, throughout the years, prepared manuals for their 
systems documenting procedures appropriate for the specific needs of 
that system. They stated that a requirement to combine these documents 
into a single volume would create an oversized, impractical and 
unwieldy manual.
    One respondent stated that requiring all companies to prepare 
procedures for each of the requirements of subparts L and M would be 
wasteful since many procedures in these subparts only apply to certain 
operators.
    One company objected to the requirement proposed in Sec. 192.605(a) 
that the manual be prepared before initial operation of a pipeline 
system. It cited, among other things, that contract terms might be 
breached, and that the financial health of both small producers and 
pipeline companies could be jeopardized.
    Response: RSPA did not intend the proposed O&M manual to be an 
unwieldy single volume, or binder. Although, as proposed, the final 
rule requires each operator to incorporate its O&M procedures for each 
pipeline system into a single manual, this manual may be a 
comprehensive set of cross-referenced volumes set up according to 
functional subjects. Operators are expected to maintain a complete set 
of the volumes of the comprehensive reference manual at one location. 
Copies of parts of the manual, containing the information pertinent to 
particular functions or facilities in a system, must also be kept 
wherever needed for field operations. We propose to consolidate and 
reorganize relevant procedures, existing in most cases, into a 
comprehensive reference for use by operating personnel.
    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.
    RSPA strongly believes that a manual should be prepared prior to 
commencing initial operation of a pipeline. Under normal circumstances, 
long lead times are required for a company to obtain regulatory 
approval to construct and commence operating a pipeline. This should 
allow operators sufficient time to prepare the required documents in 
anticipation of pipeline startup. The operation of a pipeline without 
O&M procedures would be unsafe, both for those operating the pipeline 
and for the public.
    Some operators stated concern that they would be required to 
maintain a manual for each of the many pipelines that they operate. One 
manual is sufficient as long as all of an operator's system is 
addressed. Section 192.605(a) is adopted as revised.
    Comments on Standards: Six pipeline operators expressed concern 
about what they regard as a trend toward specification standards rather 
than performance standards. They contend that a change to specification 
standards to facilitate enforcement of the regulations would be more 
than offset by a reduction in flexibility of the operator to operate 
its system, and could consequently reduce pipeline safety.
    Response: The proposed rule was not written in specification, or 
how-to-do-it fashion. Rather, the proposed rule used performance 
language which would require that gas pipeline operators maintain O&M 
procedures on specific topics. We are providing a list of required 
items that must be included, but operators can determine how best to do 
so for their particular system, so long as it provides for safe 
maintenance and operations.
    Written procedures on those specific topics are essential to safe 
operation and maintenance of a pipeline. Procedures of a general nature 
provide little guidance when needed. When used properly by trained 
personnel, the specific procedures should have a positive effect on 
pipeline safety. This rulemaking is based on the existing standard, 
which is not sufficiently detailed to assure that prompt and 
appropriate actions are taken by operators when necessary. The proposed 
standards are specific, and this specificity provides the operator with 
more reliable procedures to follow when conducting operations and 
maintenance, and in situations where an abnormal situation or emergency 
occurs.
    Comments on Applicability to Distribution Pipelines: Six 
distribution companies argued that accidents which occur on 
transmission lines do not create a need for changes at the distribution 
level, where the risks are different. They said rules applying to a 
single cross country transmission pipeline do not necessarily apply to 
complex distribution systems, and that distribution systems should be 
excluded from this rulemaking.
    Response: RSPA believes that all gas operators regulated by Part 
192 should be subject to rules designed to provide safety for gas 
pipelines through written operating, maintenance and emergency 
procedures, supplemented by appropriate personnel training. Both 
transmission and distribution systems transport the same hazardous 
substance, flammable gas. Distribution systems operate in highly 
populated areas, at times performing with operating pressures equalling 
those of transmission lines, thereby bringing corresponding risks to 
the public. Accordingly, distribution systems are not excluded from 
this rulemaking. However, the final rule sets down different 
requirements for transmission and distribution lines so that only 
relevant procedures are prescribed.
    Comments on Corrosion Control (Proposed Secs. 192.453 and 
192.605(b)(2)): Two pipeline industry associations and 7 pipeline 
operators stated that there is no benefit to including the details of 
designing and installing cathodic protection systems in an O&M manual.
    Response: Pipeline corrosion control is a pipeline maintenance 
function. As a maintenance function, design of corrosion control 
systems is appropriate for inclusion in an O&M manual. Operators 
currently are required to keep these procedures under Sec. 192.453. The 
final rule requires that these procedures be consolidated with other 
procedures involving O&M functions in a single manual. Sections 192.453 
and 192.605(b)(2) are adopted as proposed.
    Comments on Construction Records, Maps, and Operating History 
(Proposed Sec. 192.605(b)(3)): One industry association and 11 gas 
pipeline operators objected to proposed Sec. 192.605(b)(3) which would 
require operators to make construction records, maps, and operating 
history available to appropriate O&M personnel. They find no benefit in 
changing the rule, as the information is already available to operating 
personnel.
    Response: RSPA believes that it is essential for operators to have 
established, written procedures to insure that their employees have 
information (maps and operating history records) necessary for them to 
conduct safe operations. As an example, personnel conducting pipeline 
operations need direct access to maps, construction records and 
operating history records without delay when emergencies arise. The 
rule will have little effect on most companies, because they currently 
supply their employees with such records, or have procedures in place 
to make the records available. The language of Sec. 192.605(b)(3) is 
adopted as proposed.
    Comments on Gathering Data and Reporting Incidents (Proposed 
Sec. 192.605(b)(4): RSPA proposed under Sec. 192.605(b)(4) that 
operators prepare procedures for gathering data needed to report 
incidents under 49 CFR part 191 in a timely and effective manner. Two 
industry associations and 10 gas companies stated that requirements for 
gathering information and reporting natural gas incidents are contained 
in 49 CFR part 191 and that proposed Sec. 192.605(b)(4) is redundant.
    Response: The proposed rule and part 191 are not redundant because 
part 191 does not currently require operators to prepare and follow 
written procedures for collecting data to be submitted in part 191 
reports. The requirement is adopted as proposed.
    Comments on Immediate Response Areas (Proposed Secs. 192.605(b)(5) 
and (6)): Comments were received from one state regulatory agency, 
three industry associations, and 17 gas companies regarding the 
proposal to require operators to identify areas requiring immediate 
response if a failure or malfunction occurs. Immediate response could 
prevent serious consequences or hazards in case a facility fails or 
malfunctions. Except for two gas companies who suggested revisions and 
clarification, all those commenting opposed the proposed rules.
    The state agency and several companies argued that the class 
location system of part 192 (which classifies pipelines by population 
density) is far superior to the immediate response concept of part 195 
for recognizing and reacting to potential hazards along the pipeline 
route. They contend that because the class location system requires the 
operator to follow more stringent safety practices in higher risk 
areas, the potential hazards along a line are reduced by such practices 
as lower pipe stress levels, more frequent patrols, closer 
sectionalizing valve spacing, and more frequent leak surveys.
    Most of the companies said that any failure or malfunction in their 
system required immediate response since the severity of an incident is 
not known until an investigation is made by trained employees. For 
these companies, a change in the rules is unnecessary. Further, they 
felt the proposed rules may be counterproductive since they imply that 
nonlisted locations may not need careful monitoring.
    Response: A gas pipeline's class location is Class 1, 2, 3, or 4 
depending on the population density in a class location unit, which is 
an area one mile long by 220 yards (1/8 mile) on either side of the 
line (Sec. 192.5). The stress level rules (Secs. 192.111 and 192.611), 
the sectionalizing block valve rule (Sec. 192.179), the patrolling rule 
(Sec. 192.705), and the leakage survey rule (Sec. 192.706) each require 
companies to take more stringent precautions as class location, or 
population density increases. Pipelines in densely populated areas must 
be operated at lower hoop stress, patrols must be more frequent, 
sectionalizing block valves must be more densely spaced, and leak 
surveys must be taken more frequently in order to provide more 
protection for the public. The class location system requires companies 
to identify areas where more people are at risk if an incident occurs.
    The immediate response identification concept is unnecessary and 
inappropriate for gas pipelines, since higher risk areas are already 
identified by existing class location requirements. Also, gas 
distribution companies are located in developed areas and it would be 
difficult to identify locations not requiring immediate response.
    Accordingly, based on the comments received, and the reasoning 
stated above, proposed Secs. 192.605(b) (5) and (6) are removed from 
this rulemaking.
    Comments on Starting and Shutting Down Pipelines, Compressor 
Stations, and Compressors (Proposed Secs. 192.605(b) (7), (8), and 
(9)): RSPA received 17 comments on proposed Secs. 192.605(b) (7), (8), 
and (9) which would require that operators have written procedures 
relative to the startup and shutdown of pipelines and compressor 
stations and maintenance of compressor stations. All who commented on 
the proposals, including a state agency, opposed or recommended 
revision of the proposed rules. Several operators objected to proposed 
Sec. 192.605(b)(7) because existing regulations, Secs. 192.195, 
192.199, 192.201, 192.731, 192.739, and 192.743, require that 
overpressure protection equipment be installed and working properly. 
These standards prevent the maximum allowable operating pressure (MAOP) 
from being exceeded due to pressure control failure, or during startup 
operations.
    Five of those commenting suggested that distribution systems are 
not started up or shut down in the manner they inferred from the 
proposal since many systems do not have compressor stations. Others 
commented that proposed Secs. 192.605(b)(7) and 192.605(b)(9) are 
virtually the same since starting up and shutting down a pipeline is 
synonymous with starting up and shutting down compressor units. Several 
contended that procedures for operating compressors should be posted at 
the unit, and do not belong in a manual. Others stated that the 
rulemaking should be limited to transmission systems, and not apply to 
distribution systems.
    Response: RSPA believes that specific written procedures are 
essential for the safe operation of a system as complex as a gas 
pipeline. This view was addressed previously in the discussion on 
Standards. The existing regulations, Secs. 192.195, 192.199, 192.201, 
192.731, 192.739, and 192.743, are safety standards related to the 
design and maintenance of relief devices to prevent overpressuring of 
gas pipelines. Proposed Secs. 192.605(b) (7), (8), and (9) would 
require written procedures to follow when operating these devices.
    RSPA understands that some distribution systems do not have 
compressors. If a system does not have compressors, it does not need 
compressor start up and shut down procedures.
    Also, we agree with the commenters who stated that specific 
procedures for operating individual compressors should be posted at the 
engine control panel for each unit. RSPA understands that operating 
procedures vary from compressor to compressor, depending upon the type 
and model of compressor. Therefore, the final rule requires that the 
manual contain specific procedures regarding safety and operation that 
are applicable to the compressor being used. Proposed Secs. 192.605(b) 
(8) and (9) are merely recodification of existing Secs. 192.733 and 
192.729, respectively. Proposed Secs. 192.605(b) (7), (8) and (9) are 
adopted as final Secs. 192.605(b) (5), (6) and (7), respectively.
    Comments on Review of Operator Personnel (Proposed 
Sec. 192.605(b)(10)): Three industry associations and 16 gas pipeline 
operators disagreed with proposed Sec. 192.605(b)(10). In this section, 
RSPA proposed that gas operators establish procedures to review 
periodically the work personnel do under normal O&M procedures to see 
if those procedures are effective, and to correct those procedures 
found deficient. Six of those commenting recommended that this proposed 
rule be removed since training and qualification of personnel is the 
topic of another rulemaking (Pipeline Operator Qualifications; 52 FR 
9189, March 23, 1987). Five commenters stated that O&M manuals are a 
reference for trained employees and should not be used as a training 
manual, which should be more detailed and job specific. Four commenters 
stated that ``periodically'' is vague and needs further clarification.
    Response: Like existing Sec. 195.402(c)(13), RSPA intended that gas 
operators periodically review their O&M procedures and correct any 
deficiencies found in those procedures. The O&M manual prescribes 
actions that trained employees must follow to do specific tasks. In 
many cases a manual must describe those actions in detail to assure 
that personnel perform functions completely and correctly. Personnel 
are trained and tested to carry out the procedures which the manual 
prescribes.
    RSPA did not intend this provision to further compel correction of 
deficiencies in the knowledge and skills of personnel to carry out the 
procedures. That requirement will be included in a separate regulation 
(See Pipeline Operator Qualifications; 52 FR 9189, March 23, 1987). No 
commenter disagreed with the fundamental purpose of the proposal.
    The regulation requires periodic review to allow operators 
flexibility in setting the intervals between reviews of their O&M 
procedures. As circumstances and job functions vary among operators, so 
would the frequency at which procedures are reviewed. RSPA requires 
that each operator's O&M procedures specify the time between reviews or 
the circumstances that dictate a review in implementing proposed 
Sec. 192.605(b)(10). Section 192.605(b)(10) has been rewritten to 
reflect these concerns and has been adopted as final 
Sec. 192.605(b)(8).
    Comments on Operating Pressures for Class Location (Proposed 
Sec. 192.605(b)(11)): In the NPRM, RSPA proposed to transfer the 
existing Sec. 192.605(e) to this section. Existing Sec. 192.605(e) 
requires gas operators to establish procedures for periodic inspections 
of operating pressures to see that they conform to class locations. 
Nine gas companies objected to proposed Sec. 192.605(b)(11), stating 
that it is redundant or unnecessary.
    Response: Commenters correctly pointed out that proposed 
Sec. 192.605(b)(11) would duplicate proposed Sec. 192.605(b)(1) and 
existing Secs. 192.609, 192.611 and 192.613. Each of these sections 
requires operators to take some form of action to conform their 
pipeline operations to the proper class location. Accordingly, proposed 
Sec. 192.605(b)(11) has not been adopted.
    Comments on Personnel Safety in Trenches (Proposed 
Sec. 192.605(b)(12) and 195.402(b)(14)): Three industry associations 
and 20 gas operators recommended revision of proposed 
Secs. 192.605(b)(12) and 195.402(b)(14). RSPA proposed that operators 
have written procedures for using precautions, and equipment to protect 
personnel, in excavated trenches from hazardous accumulations of vapor 
or gas. Most of the commenters stated that the proposed standard is too 
specific, and should be rewritten in general performance language 
covering excavation as well as other O&M safety tasks.
    Most of the commenters expressed concern that RSPA and Occupational 
Safety and Health Administration (OSHA) rules will overlap and that 
they will be required to comply with duplicate regulatory requirements.
    Response: Expansion and rewriting of the rule in general 
performance language to extend to O&M safety related tasks other than 
safety during excavation would exceed the scope of the proposal. The 
proposal was limited to protecting personnel in trenches from hazardous 
vapors or gas. Proposed Secs. 192.605(b)(12) and 195.402(b)(14) are 
adopted as final Secs. 192.605(b)(9) and 195.402(c)(14), respectively.
    With regard to the potential overlap with OSHA rules, Section 
4(b)(1) of the OSHA Act prohibits OSHA from exercising authority over 
working conditions when another agency exercises authority through 
regulation.
    Comments on Testing of Pipe-Type and Bottle-Type Holders (Proposed 
Sec. 192.605(b)(13) (i), (ii), and (iii): There were no substantive 
comments concerning proposed Secs. 192.605(b)(13) (i), (ii), or (iii) 
and these standards are adopted as Secs. 192.605(b)(10)(i), (ii), and 
(iii), respectively.
    Comments on Abnormal Operation (Proposed Sec. 192.605(c)): Two 
industry associations and 18 companies commented on proposed 
Sec. 192.605(c) which sets forth items to be included in procedures for 
handling abnormal operations on gas transmission lines. All those 
commenting recommended that RSPA withdraw or revise the proposed rule. 
The most common reason given for changing the rule is that the proposed 
requirements duplicate existing Sec. 192.615, Emergency Plans. The 
commenters said they interpret any abnormal condition as an emergency 
until the condition is resolved or eliminated. One state, 
Massachusetts, said that Secs. 192.605(a) and 192.605(c) should not be 
restricted to transmission lines but should apply to distribution lines 
as well.
    Four of the commenters objected to usage of ``operating design 
limits'' when the term has not been defined. They questioned if 
``operating design limits'' is the same as or different from MAOP, 
which is defined in the regulations and understood in the gas pipeline 
industry.
    Response: The proposed rule does not duplicate Sec. 192.615. 
Abnormal conditions and emergency conditions are not equivalent. 
Abnormal conditions occur when operating design limits have been 
exceeded due to a pressure, flow rate, or temperature change outside 
the limits of normal conditions. As an example, for pressure surges, an 
abnormal condition would exist in a pipeline when pressure exceeds the 
MAOP but is within the differential allowed to activate pressure 
relieving and limiting equipment (see Sec. 192.201). Abnormal 
conditions are less severe, but could escalate to emergency conditions 
if not promptly corrected. Abnormal conditions do not pose as immediate 
a threat to life or property as do emergency conditions. Any 
transmission line operator that chooses to treat abnormal conditions as 
emergency conditions still must comply with Sec. 192.605(c).
    Distribution system operators are not required to prepare a manual 
for abnormal conditions because they normally operate distribution 
pipelines at lower pressures than transmission pipelines. Also, 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.
    Threatening events such as the presence of gas in a building, a 
fire near a pipeline, or an explosion near a pipeline constitute 
emergency conditions. Sections 192.605(c)(1) (i) through (v) are 
adopted as proposed.
    Comments on Checking Variations from Normal Operation after 
Abnormal Operation has ended (Proposed Sec. 192.605(c)(2)): There were 
no substantive comments regarding proposed Sec. 192.605(c)(2) and this 
section is adopted as proposed.
    Comments on Responsible Operator Personnel (Proposed 
Sec. 192.605(c)(3)): Two operators stated that the meaning of 
``responsible operator personnel'' in proposed Sec. 192.605(c)(3) is 
unclear and should be clarified or changed.
    Response: When considering ``responsible operator personnel,'' 
responsible means a person the company expects to be answerable or 
accountable for O&M of the pipeline. Responsible and accountable are 
synonymous for purposes of this rule. Because RSPA has had the 
opportunity to clarify our intent in the preamble to this final rule, 
proposed Sec. 192.605(c)(3) is adopted as proposed.
    Comments on Periodic Review of Personnel Response to Abnormal 
Operations (Proposed Sec. 192.605(c)(4): Five operators opposed or 
recommended revision of proposed Sec. 192.605(c)(4), which proposed 
periodic review of responses by personnel to abnormal operations in 
order to determine the effectiveness of procedures for handling 
abnormal operations. In lieu of the proposed periodic review, the 
commenters instead recommended review of each abnormal operation and 
taking appropriate action when deficiencies are found.
    Response: RSPA encourages operators to correct deficiencies in 
procedures when recognized. The company should not wait for a periodic 
review to correct such deficiencies. However, RSPA did not propose to 
require operators to review each response to an abnormal operation. 
This would be unnecessarily more stringent than the proposed rule. For 
this reason, the final rule retains the term periodic. Final 
Sec. 192.605(c)(4) is adopted as proposed.
    Comments on Safety-Related Condition Reports (Proposed 
Sec. 192.605(d): RSPA received no substantive comments regarding 
proposed Sec. 192.605(d) and this section is retained as proposed.
    Comments on Surveillance, Emergency Response, and Accident 
Investigation (Proposed Sec. 192.605(e)): Six of the seven operators 
commenting opposed proposed Sec. 192.605(e) which would require 
procedures required by other sections in Part 192 concerning 
surveillance, emergency response, and accident investigation to be 
included in the O&M manual. They argued that the emergency plan should 
be separate from the O&M manual since emergency procedures differ from 
normal operations. One company stated that its emergency plan is ``kept 
in a separate, readily identifiable binder and all appropriate foremen, 
supervisors and managers who would respond to an emergency have 
personal copies which are kept in their offices, homes and company 
vehicles. O&M manuals are normally available only at work locations 
where employees are present 40 hours a week.''
    Response: RSPA believes that the procedures discussing 
surveillance, emergency response and accident investigation should be 
part of an O&M manual. When part 192 requires procedures for these 
subjects, it is easier to find and review them when they are located 
together at one place. The cross-referencing described previously would 
allow an operator to distribute separate volumes describing emergency 
procedures as needed. Nevertheless, the emergency procedures also must 
be included in the O&M manual. The final rule is adopted as proposed.
    Comments on Redesignation, Amendment, Leakage Surveys, Abandonment 
or Deactivation of Facilities, and Removals: (Proposed changes to 
Secs. 192.615, 192.706, 192.723, 192.727, 192.729, 192.733 and 
192.737): There were no substantive comments concerning proposed 
changes to Secs. 192.615, 192.706, 192.723, 192.727, 192.729, 192.733 
and 192.737 and these changes are adopted as proposed.
    RSPA Comment on Effective Date: RSPA believes that most operators 
will be able to assemble the cross-referenced manual promptly. However, 
others may require additional time to assemble the information and 
procedures required in this rulemaking. RSPA, therefore, is allowing a 
one-year period to complete the manual. However, Secs. 192.605(b)(9) 
and 195.402(c)(14) become effective 30 days after publication in the 
Federal Register since most operators already have the procedures and 
equipment necessary to comply with the rule.

Advisory Committee Reviews

    Section 4(b) of the Natural Gas Pipeline Safety Act of 1968, as 
amended (49 U.S.C. 1673(b)), and section 204(b) of the Hazardous Liquid 
Pipeline Safety Act of 1979, as amended (Pub. L. 97-468, January 14, 
1983), each contain similar requirements that proposed amendments to a 
safety standard established under the statute be submitted to a 15-
member advisory committee for consideration.
    The Technical Pipeline Safety Standards Committee, comprised of 
members knowledgeable about transportation of gas by pipeline, 
discussed and approved the gas rule changes by an 8 to 3 margin at a 
meeting held September 13, 1988. In like manner, the Technical 
Hazardous Liquid Pipeline Safety Standards Committee, on September 14, 
1989, approved the hazardous liquid rule change, 8 to 2. No changes 
were recommended by either committee.

Rulemaking Analyses

E.O. 12866 and DOT Regulatory Policies and Procedures

    This final rule is considered a significant regulatory action under 
section 3(f) of Executive Order 12866 and, therefore, was subject to 
review by the Office of Management and Budget. The rule is considered 
significant under the regulatory policies and procedures of the 
Department of Transportation (44 FR 11034) because of the significant 
public and congressional interest following four pipeline failures in a 
two year period which caused 10 deaths, 26 injuries and significant 
property damage.

Regulatory Flexibility Act

    Based on the comments received, I certify under Section 605 of the 
Regulatory Flexibility Act (5 U.S.C. 605; September 19, 1980) that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

E.O. 12612

    We have analyzed this final rule under the criteria of Executive 
Order 12612 (52 FR 41685, October 30, 1987). Four states, Connecticut, 
Massachusetts, Missouri and Nevada responded to the NPRM. All supported 
the rulemaking. However, Connecticut expressed concern that the 
rulemaking intended to limit the authority of the state agency to 
require an operator to amend its plans and procedures as necessary to 
provide a reasonable level of safety. RSPA had no such intention. The 
authority of a state to require an operator to amend its safety plans 
and procedures is not diminished by this rulemaking. Accordingly, RSPA 
finds that this final rule does not warrant preparation of a Federalism 
Assessment.

Paperwork Reduction Act

    The information and recordkeeping requirement associated with this 
rule is being submitted to the Office of Management and Budget for 
approval in accordance with 44 U.S.C. Chapter 35 under OMB Nos: 2137-
0047 and 2137-0049.
    Administration: Research and Special Programs Administration; 
Title: Operation and Maintenance Procedures for Pipelines; Need for 
Information; Provides guidance for safety of personnel while operating 
and maintaining pipelines; Proposed Use of Information: Assists 
pipeline operator employees in the operation and maintenance of 
pipelines; Frequency: Requires operator to review and update procedures 
each calendar year; Burden estimate: 240,000 hours in first year, small 
requirement in succeeding years dependent on need to update; 
Respondents: 54,300 operators including master meter operators; Forms: 
none; Average Burden Hours per Respondent: 4.4.
    RSPA received several comments on paperwork. A few commenters 
asserted that it is unnecessary to promulgate parallel rules applicable 
to gas and liquid operations because the physical properties of the 
products differ. However, RSPA believes that the O&M similarities 
vastly outnumber the differences and that compliance is enhanced by 
making the two regulations reasonably similar while recognizing the 
technical distinctions between gas and liquid pipelines. Furthermore, 
other commenters said paperwork should be better managed. RSPA agrees 
and allows operators to keep O&M procedures in paper or electronic 
files depending on the needs of the operator. The ultimate need to keep 
the paperwork is to require companies to maintain a sufficient amount 
of reliable information to reduce the likelihood of failures and 
casualties.

List of Subjects

49 CFR Part 192

    Emergency, Maintenance, Operations, Pipeline safety, Reporting and 
recordkeeping requirements.

49 CFR Part 195

    Emergency, Maintenance, Operations, Pipeline safety, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, parts 192 and 195 are amended to 
read as follows:

PART 192--[AMENDED]

    1. The authority citation for part 192 continues to read as 
follows:

    Authority: 49 App. U.S.C. 1672 and 1804; and 49 CFR 1.53.


    2. Section 192.453 is revised to read as follows:


Sec. 192.453  General.

    The corrosion control procedures required by Sec. 192.605(b)(2), 
including those for the design, installation, operation, and 
maintenance of cathodic protection systems, must be carried out by, or 
under the direction of, a person qualified in pipeline corrosion 
control methods.
    3. Section 192.603(b) is revised to read as follows:


Sec. 192.603  General provisions.

* * * * *
    (b) Each operator shall keep records necessary to administer the 
procedures established under Sec. 192.605.
* * * * *
    4. Section 192.605 is revised to read as follows:


Sec. 192.605  Procedural manual for operations, maintenance, and 
emergencies.

    (a) General. Each operator shall prepare and follow for each 
pipeline, a manual of written procedures for conducting operations and 
maintenance activities and for emergency response. For transmission 
lines, the manual must also include procedures for handling abnormal 
operations. This manual must be reviewed and updated by the operator at 
intervals not exceeding 15 months, but at least once each calendar 
year. This manual must be prepared before operations of a pipeline 
system commence. Appropriate parts of the manual must be kept at 
locations where operations and maintenance activities are conducted.
    (b) Maintenance and normal operations. The manual required by 
paragraph (a) of this section must include procedures for the following 
to provide safety during maintenance and operations:
    (1) Operating, maintaining, and repairing the pipeline in 
accordance with each of the requirements of this subpart and subpart M 
of this part.
    (2) Controlling corrosion in accordance with the operations and 
maintenance requirements of subpart I of this part.
    (3) Making construction records, maps, and operating history 
available to appropriate operating personnel.
    (4) Gathering of data needed for reporting incidents under Part 191 
of this chapter in a timely and effective manner.
    (5) Starting up and shutting down any part of the pipeline in a 
manner designed to assure operation within the MAOP limits prescribed 
by this part, plus the build-up allowed for operation of pressure-
limiting and control devices.
    (6) Maintaining compressor stations, including provisions for 
isolating units or sections of pipe and for purging before returning to 
service.
    (7) Starting, operating and shutting down gas compressor units.
    (8) Periodically reviewing the work done by operator personnel to 
determine the effectiveness, and adequacy of the procedures used in 
normal operation and maintenance and modifying the procedures when 
deficiencies are found.
    (9) 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.
    (10) Systematic and routine testing and inspection of pipe-type or 
bottle-type holders including--
    (i) Provision for detecting external corrosion before the strength 
of the container has been impaired;
    (ii) Periodic sampling and testing of gas in storage to determine 
the dew point of vapors contained in the stored gas which, if 
condensed, might cause internal corrosion or interfere with the safe 
operation of the storage plant; and
    (iii) Periodic inspection and testing of pressure limiting 
equipment to determine that it is in safe operating condition and has 
adequate capacity.
    (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:
    (i) Unintended closure of valves or shutdowns;
    (ii) Increase or decrease in pressure or flow rate outside normal 
operating limits;
    (iii) Loss of communications;
    (iv) Operation of any safety device; and
    (v) Any other malfunction of a component, deviation from normal 
operation, or personnel error which may result in a hazard to persons 
or property.
    (2) Checking variations from normal operation after abnormal 
operation has ended at sufficient critical locations in the system to 
determine continued integrity and safe operation.
    (3) Notifying responsible operator personnel when notice of an 
abnormal operation is received.
    (4) Periodically reviewing the response of operator personnel to 
determine the effectiveness of the procedures controlling abnormal 
operation and taking corrective action where deficiencies are found.
    (d) Safety-related condition reports. The manual required by 
paragraph (a) of this section must include instructions enabling 
personnel who perform operation and maintenance activities to recognize 
conditions that potentially may be safety-related conditions that are 
subject to the reporting requirements of Sec. 191.23 of this 
subchapter.
    (e) Surveillance, emergency response, and accident investigation. 
The procedures required by Secs. 192.613(a), 192.615, and 192.617 must 
be included in the manual required by paragraph (a) of this section.


Sec. 192.616  [Redesignated from Sec. 192.615(d)]

    5. Section 192.615(d) is redesignated as Sec. 192.616 Public 
education and the paragraph designation is removed.


Sec. 192.706  [Amended]

    6. In Sec. 192.706, paragraph (a) is removed, the introductory text 
of paragraph (b) is redesignated as the introductory text of the 
section, and paragraphs (b)(1) and (b)(2) are redesignated paragraphs 
(a) and (b), respectively.
    7. In Sec. 192.723, the section heading and paragraph (a) are 
revised to read as follows:


Sec. 192.723  Distribution systems: Leakage surveys.

    (a) Each operator of a distribution system shall conduct periodic 
leakage surveys in accordance with this section.
* * * * *
    8. In Sec. 192.727, the section heading and paragraph (a) are 
revised to read as follows:


Sec. 192.727  Abandonment or deactivation of facilities.

    (a) Each operator shall conduct abandonment or deactivation of 
pipelines in accordance with the requirements of this section.
* * * * *


Sec. 192.729  [Removed]

    9. Section 192.729 is removed.


Sec. 192.733  [Removed]

    10. Section 192.733 is removed.


Sec. 192.737  [Removed]

    11. Section 192.737 is removed.

PART 195--[AMENDED]

    The authority citation for part 195 continues to read as follows:

    Authority: 49 App. U.S.C. 2002; 49 CFR 1.53.

    12. In Sec. 195.402, a new paragraph (c)(14) is added to read as 
follows:


Sec. 195.402  Procedural manual for operations, maintenance, and 
emergencies.

* * * * *
    (c) * * *
    (14) 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.
* * * * *
    Issued in Washington, DC on February 4, 1994.
Rose A. McMurray,
Acting Administrator Research and Special Programs Administration.
[FR Doc. 94-3186 Filed 2-10-94; 8:45 am]
BILLING CODE 4910-60-P