[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]
[[Page Unknown]]
[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