[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18864]


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[Federal Register: August 3, 1994]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[Docket No. PS-94; Notice 2]
[RIN 2137-AB 38]

 

Qualification of Pipeline Personnel

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

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: This notice proposes qualification standards for personnel who 
perform, or directly supervise those persons performing, regulated 
operation, maintenance, and emergency-response functions. This action 
would amend current standards for training personnel performing 
operating or maintenance activities on hazardous liquid and carbon 
dioxide pipelines, and extend those standards to personnel performing 
similar functions on gas pipelines. This action is taken to ensure that 
pipeline personnel have the necessary knowledge and skills to 
competently perform these regulated functions. The intended effect of 
this proposed rulemaking is to improve pipeline safety by requiring 
operators to assure the competency of pipeline personnel through 
training, testing, and periodic refresher training.

DATES: Interested persons are invited to submit written comments in 
duplicate by October 3, 1994. Late filed comments will be considered to 
the extent practicable. Interested persons should submit as part of 
their written comments all the material that is considered relevant to 
any statement of fact or argument made.

ADDRESSES: Send comments to the Dockets Unit, Room 8421, Office of 
Pipeline Safety (OPS), Research and Special Programs Administration, 
U.S. Department of Transportation, 400 Seventh Street, SW., Washington, 
DC 20590. Identify the docket and notice numbers stated in the heading 
of this notice. All comments and materials cited in this document will 
be available in the docket for inspection and copying in Room 8421 
between 8:00 a.m. and 4:00 p.m. each working day. Non-Federal employee 
visitors are admitted to DOT headquarters building through the 
southwest quadrant at Seventh and E Streets.

FOR FURTHER INFORMATION CONTACT: Albert C. Garnett, (202) 366-2036, 
regarding the subject matter of this notice, or Dockets Unit, (202) 
366-5046, for copies of this notice or other material in the docket.

SUPPLEMENTARY INFORMATION:

Background

    The pipeline safety regulations in 49 CFR Parts 192 and 195 cannot 
be fully effective in preventing and mitigating pipeline accidents 
unless personnel who perform regulated functions, or directly supervise 
persons performing regulated functions, understand the applicable 
regulations and have the knowledge and skills needed for competent 
performance. Therefore, requiring operators to ensure that such 
personnel are qualified to perform operating, maintenance, and 
emergency response functions is an essential step in making the 
pipeline safety regulations effective. Also, requiring operation, 
maintenance, and emergency-response personnel to be knowledgeable about 
safety-related elements, such as flammability, toxicity, potential 
ignition sources, and to be able to recognize and appropriately react 
to abnormal and emergency conditions should further minimize the causes 
and consequences of pipeline accidents.
    In accidents clearly recognized as involving human error, 
circumstances often indicate that a deficiency in knowledge or skill, 
i.e. lack of qualification, has been a significant accident factor. 
However, the effects of personnel lacking qualifications are not always 
apparent. The effects may be too subtle to be recognized as an accident 
factor. For example, accidents that operators have attributed to 
equipment failure or corrosion may have actually been set in motion by 
poorly performed operation or maintenance procedures. In addition, the 
pipeline safety regulations require operators to report ``incidents'' 
(49 CFR 191.3) and ``accidents'' (49 CFR 195.50) only in instances 
meeting threshold requirements set out in those regulations. Thus, 
there may be many more accidents involving personnel lacking 
qualifications than commonly reported.

Recommendations by National Transportation Safety Board

    In a letter to RSPA dated May 14, 1987, the National Transportation 
Safety Board (NTSB) stated that incorrect human performance has already 
caused, or contributed to the severity of, many pipeline accidents, and 
that most of the errors involved could be linked to inadequate 
training. NTSB identified 110 related Safety Recommendations it had 
issued from 1975 through 1986 based on pipeline accidents indicating 
that training of pipeline personnel needed improvement.
    The following two accidents are among those cited by NTSB in its 
correspondence:

    On July 12, 1983, natural gas escaping under 60 psig pressure 
from a crack in a substandard butt-fusion joint in a 2-inch plastic 
gas main entered an apartment building in Clear Lake, Iowa. It 
exploded and then burned. Two gas distribution company employees 
were injured, one apartment building was destroyed, and the adjacent 
apartment building was damaged heavily. Damage was estimated at more 
than $1 million. Fortunately, none of the building residents were 
injured or killed. Company employees had been notified earlier about 
strong gas odors outside the apartments and were on site searching 
for the gas leak more than 2 hours before the explosion. They did 
not shut off the flow of gas to the leak and did not warn the 
residents to evacuate the apartment buildings before the explosion. 
NTSB recommended that the company train its employees, including 
supervisors, in procedures for responding to emergencies and 
protection of the public in areas exposed to leaking gas, and 
reinstruct its pipe fitters/operators in all elements of the 
procedures for fusion of plastic pipe.
    On May 26, 1983, natural gas at 815 psig began to escape through 
a failed gasket in a compressor at a transmission company's field 
compressor plant near Bloomfield, New Mexico. The compressor station 
operator heard a loud noise, ran to the valve manifold outside the 
compressor building, and tried to shut off the gas supply to 
compressor No. 14. Another employee, who also heard the noise, ran 
into the compressor building and tried to shut down the compressor 
engine. Before either person succeeded, the escaping gas ignited, 
exploded, and burned. The two employees were burned severely, 
compressor No. 14 was destroyed, another compressor was damaged, the 
windows and doors of the compressor building were blown out, and 
other structural damage resulted. NTSB determined that the probable 
cause of the accident was the improper tightening of compressor head 
bolts, resulting in the rupture of a compressor head gasket and the 
escape and ignition of gas. Contributing to the accident was the 
operator's failure to assure that maintenance personnel were trained 
in proper bolt tightening procedures. Contributing to the extent of 
damage and to the duration of the emergency was the failure by plant 
personnel, due to inadequate training in emergency procedures, to 
promptly relieve gas pressure in the piping by activating the 
blowdown system.

    In a February 1987 report (NTSB/PAR-87/01) detailing two Texas 
Eastern Gas Pipeline Company accidents occurring in Kentucky in 1985 
and 1986, NTSB determined that company employees who inspected 
corrosion damage had not been adequately trained to assess the effect 
of corrosion. It also determined that in the 1986 accident, supervisors 
had not been properly trained to cooperate with local officials during 
an emergency. In this report, NTSB recommended that RSPA:

    Amend 49 CFR Parts 192 and 195 to require that operators of 
pipelines develop and conduct selection, training, and testing 
programs to annually qualify employees for correctly carrying out 
each assigned responsibility which is necessary for complying with 
49 CFR Part 192 and 195 as appropriate (Safety Rec. No. P-87-2).

    Additionally, in the May 14, 1987, letter from NTSB to RSPA 
identifying its 110 Safety Recommendations, NTSB urged OPS to require 
all pipeline operators, without regard to size or ownership of the 
pipeline, to develop, through job/task analyses, employee 
qualifications for all activities addressed by the pipeline safety 
standards.
    More recently the NTSB released the following account of an 
accident in Chicago that was attributed to inadequately trained gas 
distribution personnel.

    On January 17, 1992, employees of a natural gas utility were 
performing annual maintenance on a pressure regulator station that 
reduced high pressure upstream gas to the low pressure requirements 
of the downstream distribution system. During this routine procedure 
the pressure regulator is taken out of service and the normally 
closed by-pass valve is manually throttled to control gas flow to 
the low pressure distribution system. Workers operating the by-pass 
valve normally determine the need to increase or decrease the gas 
flow to the low pressure system by monitoring the liquid levels in 
manometers installed on that system. A manometer is a clear plastic 
U-tube used throughout the gas industry to measure pressure 
(pressure head) in mains and services. When used on low pressure 
systems the open ended U-tube commonly contains water. By observing 
the difference in height of the water columns, workers can readily 
determine the pressure in the connected gas piping. Although, the 
workers saw the water blow out of their manometers, at least twice, 
they waited for instructions from headquarters before shutting off 
the gas supply by closing the 4-inch by-pass valve. The resulting 
over pressure condition (as high as 10 psig) lasted about 45 
minutes, during which gas in the downstream distribution system 
escaped through gas appliances into homes and other buildings where 
it was ignited by unidentified sources. The resulting explosion and 
fires killed four people, injured four people and damaged 14 houses 
and three commercial buildings. While the NTSB concluded that there 
was insufficient evidence to determine which way the 4-inch by-pass 
valve was turned or if it had been blocked by debris that become 
dislodged, it said that the accident could have been prevented or 
its severity lessened if the onsite supervisor had closed the by-
pass valve as soon as he realized that the low pressure system was 
over pressured. Two of the workmen testified that they knew from 
their training that when water blew out of their manometers, it was 
caused by excessive high pressure gas flowing through the by-pass 
valve. However, none of the crew acknowledged having been trained to 
respond to emergencies, including those involving 
overpressurization. NTSB found that the gas company's training 
manual did not detail how to recognize or respond to those abnormal 
situations employees are likely to encounter nor did it tell 
supervisors the extent of their authority or reference the company's 
emergency plan. Nonetheless, the NTSB found that the gas company's 
service department responded very well after the gas was shut off.

    The NTSB also noted that such training deficiencies are not 
confined to Chicago, but are a nationwide problem. As a result of its 
investigation of this accident, NTSB reiterated its 1987 recommendation 
to RSPA that it require operators of pipelines to develop and conduct 
selection, training and testing programs to annually qualify employees 
for their safety-sensitive responsibilities under 49 CFR Parts 192 and 
195.

Recommendation by DOT Inspector General

    As the use of insufficiently qualified personnel by some operators 
has become known, several sources in addition to NTSB have recommended 
that DOT take action to regulate the qualifications of pipeline 
personnel. In December 1982, the DOT Inspector General (IG) recommended 
in a memorandum to the RSPA Administrator that RSPA require licensing 
or certification of managers/superintendents of gas distribution 
systems. The IG said:

    State safety inspectors have indicated that operators of small 
municipal and privately owned gas distributors are frequently 
unaware of the federal safety standards or lack the know-how to 
implement them. Managers or superintendents of gas distribution 
systems should demonstrate a basic knowledge and understanding of 
federal safety standards before they are allowed to operate/manage 
the systems. Licensing or certification of natural gas distribution 
operators would improve compliance and enable State safety 
inspectors to provide greater coverage by reducing the amount of 
time expended in explaining standards to operators. Many States 
already require the operators of other utility systems to be 
licensed.

Recommendations by Congress

    The House Committee on Energy and Commerce in its November 17, 
1987, report to accompany H.R. 2266, a bill to amend the Natural Gas 
Pipeline Safety Act of 1968 (NGPSA)1 and the Hazardous Liquid 
Pipeline Safety Act of 1979 (HLPSA) stated that DOT ``may 
establish criteria for a program of testing for pipeline operations 
employees and include licensing based on that testing if this is 
appropriate'' (H.R. Rep. No. 445, Pt. 1, 100th Congress, 1st Session, 
13). This bill culminated in the Pipeline Safety Reauthorization Act of 
1988 (Pub. L. No. 100-561; October 31, 1988), which, in sections 101 
and 201, gave DOT discretionary authority to require ``that all 
individuals responsible for the operation and maintenance of pipeline 
facilities be tested for qualifications and certified to perform such 
functions.''
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    \1\Pub. L. No. 103-272 was enacted on July 5, 1994. This Act 
revises, codifies and enacts without substantive changes certain 
transportation laws, including those related to pipeline safety. 
Thus citations to the NGPSA and the HLPSA have been changed to 49 
U.S.C. sec. 60101 et seq.
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Recommendation by Minnesota Commission on Pipeline Safety

    The need for qualification standards for pipeline personnel has 
also been recognized at the state level. Following the July 1986 
failure of an 8-inch products pipeline in Minnesota that resulted in 
the deaths of two people and serious injury to another person, the 
Governor of Minnesota established the Minnesota Commission on Pipeline 
Safety. This commission examined the safety and reliability of 
pipelines operating in Minnesota. The commission's December 1986 report 
included a recommendation that the U.S. Department of Transportation 
study the need for additional registration, licensing, and 
certification requirements for pipeline design and construction 
personnel.

Recommendations by National Association of Pipeline Safety 
Representatives

    An alternative approach to government licensing or certification of 
operators or operator personnel was recommended in 1986 by the National 
Association of Pipeline Safety Representatives (NAPSR), an association 
of state pipeline safety inspectors. In one of its annual resolutions 
(1986-9) submitted to the RSPA Administrator, NAPSR urged DOT ``to 
initiate a rulemaking to establish regulations which would require 
natural gas operator personnel qualification.'' NAPSR made this 
recommendation after determining that ``it would be in the best 
interest of public safety, and as a general standard for the natural 
gas industry, that all natural gas system operations be under the 
direction of a person who is qualified by test, experience, and 
training in natural gas work.'' Again in 1990, in one of its annual 
resolutions (1990-3), NAPSR urged the DOT Office of Pipeline Safety 
(OPS) ``to create specific qualification standards of uniformity across 
the industry'' and that the rulemaking ``be expanded to include 
personnel engaged in design and construction.'' Like NTSB, NAPSR has 
recommended a rulemaking approach rather than Federal licensing or 
certification. In this notice RSPA has proposed that regulated design 
or construction functions required to properly accomplish covered 
operation, maintenance or emergency-response work must be performed by 
persons qualified as proposed in this notice. However, persons with 
pipeline expertise and registered as professional engineers in the 
state where the work is located are qualified for any such engineering 
design under this proposal.
    At this time, RSPA does not see the need to extend the proposed 
qualification requirements to include personnel engaged in all 
regulated design and construction functions as recommended in the NAPSR 
resolution. Application of the proposed requirements to only those 
personnel performing regulated operation, maintenance and emergency 
response functions is consistent with the intent of the Recommendations 
by Congress and the mandate contained in the Pipeline Safety Act of 
1992 (below). Nonetheless, in response to that NAPSR resolution, RSPA 
invites persons to comment on whether we should extend the testing and 
certification requirements to personnel engaged in all regulated design 
and construction of covered pipelines. Persons commenting in support of 
such an extension are requested to support their positions with data 
from related accidents that includes: the quantity of gas, hazardous 
liquid or carbon dioxide released and any resulting deaths, personal 
injuries, property damages and environmental damages.

Small Gas Systems

    Although lack of sufficient training has been a factor contributing 
to accidents on both large and small pipeline systems, OPS, the 
advisory committees (below) and state pipeline safety inspectors 
recognize that there is a particular need to improve the knowledge and 
skills of personnel in some of the small gas distribution systems. 
Personnel with some deficiencies include not only the operator and 
operator personnel, but also contractors working for small gas 
distribution systems. Small gas distribution systems are characterized 
in this proposal as distribution systems serving fewer than 10,000 
customers. They include petroleum gas systems (covered by Sec. 192.11) 
and master meter systems (defined in Sec. 191.3), both of which usually 
serve mobile home parks, housing projects, and apartment complexes; and 
public, private, and municipal distribution systems. Industry sources 
estimate that there are about 1,000 petroleum gas systems covered by 
Sec. 192.11, that serve 10 or more customers. Additionally, information 
in the OPS enforcement data base shows there are 52,000 master meter 
systems and 1,150 other small public, private, and municipal 
distribution systems. The lack of qualified personnel working on these 
small gas distribution systems looms as a potential threat to gas 
pipeline safety.

Advance Notice of Proposed Rulemaking

    On March 23, 1987, OPS published an advance notice of proposed 
rulemaking (ANPRM) titled, ``Pipeline Operator Qualifications,'' 
requesting public comment on the need for additional regulations or a 
certification/licensing program regarding the qualification of 
personnel who design, construct, operate, or maintain gas or hazardous 
liquid pipelines (Docket PS-94, Notice 1; 52 FR 9189). The ANPRM 
outlined RSPA's existing regulations requiring the qualification or 
training of personnel in certain aspects of pipeline safety, such as 
welding steel pipe, corrosion control, and joining plastic pipe. In 
addition, the ANPRM discussed RSPA and state efforts to train operator 
personnel in understanding the pipeline safety regulations.
    Comments were received from 134 persons representing various gas 
and liquid pipeline operators, governmental agencies, and other 
interested parties. Of the 116 persons who commented on the competency 
level of operator personnel, approximately 75 percent felt that a lack 
of competent personnel did not pose a significant enough threat to 
public safety to warrant further governmental action. However, a 
minority of about 22 percent felt some attention should be given to 
small gas distribution systems. Of the 60 persons who commented on the 
question of whether governmental action, if taken, should apply 
industry-wide or be limited to small systems, approximately 62 percent 
favored the latter. Of the 34 persons expressing an opinion on the 
appropriate governmental action, about 53 percent favored increasing 
direct training and the preparation of guidance material for operator 
personnel. The remainder were almost evenly divided between more 
regulation of training/qualification and a licensing/certification 
program. Of the 24 persons who commented on what areas of pipeline 
safety should be covered if additional training and qualification 
requirements are developed, almost everyone favored various 
combinations of design, construction, operation, and maintenance. 
Finally, of the 61 persons expressing an opinion on whether additional 
regulations for training and qualification would result in an 
improvement in pipeline safety, approximately 46 percent expected an 
improvement in accidents prevented or mitigated.

Advisory Committees

    The Technical Pipeline Safety Standards Committee (TPSSC) and the 
Technical Hazardous Liquid Pipeline Safety Standards Committee 
(THLPSSC) are OPS's gas and liquid advisory committees representing 
government agencies, pipeline operators, and the public. At a joint 
meeting in Washington, DC on September 23, 1987, the TPSSC and THLPSSC 
discussed the ANPRM. The advisory committees generally supported 
requiring all pipeline operators to conduct training and testing 
programs for personnel assigned to perform operation and maintenance 
functions. Many committee members were concerned, however, about the 
ability of some small gas distribution system operators to provide the 
necessary training, and requested that any new regulations be sensitive 
to the limited financial and technical resources of these small 
operators.
    Subsequently, on September 13 and 14, 1988, these committees met 
again in Washington, DC, and discussed a preliminary rulemaking 
proposal which OPS had developed for the qualification of pipeline 
personnel. The basic training and testing requirements now being put 
forward for public comment were embodied in that proposal. The TPSSC 
supported the proposal by unanimous vote. The THLPSSC, after making 
three minor recommendations for clarification of statements in the 
proposed regulations, also supported the proposal unanimously. However, 
the three recommendations are no longer germane, since the statements 
that required clarification have been removed from the proposed 
requirements.

Congressional Mandate

    Under sections 106 and 205 of the Pipeline Safety Act of 1992 (Pub. 
L. No. 102-508; October 24, 1992), 49 U.S.C. Sec. 60102, Congress 
mandated that DOT require ``all individuals responsible for the 
operation and maintenance of pipeline facilities be tested for 
qualifications and certified to perform such functions''. In complying 
with the congressional mandate, DOT is required to ``address the 
ability to recognize and appropriately react to abnormal operating 
conditions which may indicate a dangerous situation or a condition 
exceeding design limits.'' Furthermore, Congress provided that 
certification may, ``as the Secretary considers appropriate, be 
performed by the operator.''

Qualification and Certification

    RSPA is proposing that regulated pipeline operators implement 
requirements for the qualification of operation, maintenance and 
emergency-response personnel (including contractor personnel) and for 
the qualification of certain supervisory personnel. These requirements 
would be based on the continuing training program applicable to 
hazardous liquid and carbon dioxide pipeline operators. Operators would 
be required to certify the qualification of personnel for the 
performance of covered functions. However, RSPA is not proposing to 
establish an industry-wide personnel licensing program. This decision 
was made because the severity and extent of the personnel qualification 
problem does not currently warrant such an ambitious undertaking. In 
addition, there is no private or governmental apparatus currently in 
place to conduct such extensive licensing. This decision is consistent 
with the regulatory authority provided by 49 U.S.C. Sec. 60102, which 
requires qualification and certification of those individuals 
performing functions related to the operation and maintenance of 
pipeline facilities. Of course, where local conditions warrant more 
rigorous action, state agencies are not precluded from starting a 
licensing or certification program for intrastate pipeline operators 
under their regulatory jurisdiction.
    It is difficult to assess how detailed and extensive the new 
Federal personnel qualification regulations should be, because many 
pipelines have unique operating and maintenance requirements. 
Therefore, RSPA is proposing a more general performance-oriented 
regulatory approach based on an expansion of the continuing training 
program hazardous liquid operators must now provide under Sec. 195.403.

Available Training

    Several states are working to improve the knowledge and skills of 
operator personnel in small gas distribution systems, including master 
meter systems, by state-sponsored educational programs. Currently, 
states with notable training programs include Alabama, Arizona, 
California, Kentucky, and Texas. In addition, some gas operators have 
established statewide and regional gas associations for the purpose of 
improving technical skills and the understanding of the gas pipeline 
safety regulations. These associations often encourage gas equipment 
suppliers to exhibit and instruct gas distribution and transmission 
personnel in the proper use of special tools and equipment. Similarly, 
state regulatory agencies are often encouraged to participate by 
teaching or clarifying the applicable Federal/state pipeline safety 
regulations to personnel working on small gas distribution systems.
    At the Federal level, RSPA provides pipeline safety training 
through its Transportation Safety Institute (TSI) in Oklahoma City, 
Oklahoma. In 1992 and 1993 gas pipeline safety seminars taught by 
instructors from the TSI were held in 20 and 21 states, respectively. 
These one, two, three, and four-day seminars teach various aspects of 
pipeline safety regulations and include instructional material oriented 
toward the operator personnel working on small gas distribution 
systems. The gas pipeline safety seminars will also be held in 26 
states during 1994. Attendance at these instructive seminars requires 
advance registration and payment of a modest registration fee. 
Additionally, other hazardous liquid and gas pipeline safety courses 
planned by TSI for presentation in 1994 include regulation compliance, 
corrosion control and computer simulator dispatching. Pipeline 
operators interested in further information on TSI training courses 
should contact their state pipeline safety regulatory office or phone 
the Pipeline Safety Division of the Transportation Safety Institute at 
(405) 954-7219.
    In 1989, RSPA distributed to each state pipeline safety agency a 
set of 10 VHS cassettes prepared by the Pipeline Safety Section of the 
Arizona Corporation Commission for training small gas distribution 
operators in that state. The cassettes can be used by operators of 
small distribution systems in all the states to augment the training of 
their employees. The cassettes present fundamental theory and practical 
application of gas distribution plus the basics of the Federal pipeline 
safety regulations.
    Another RSPA training aid is the ``Guidance Manual for Operators of 
Small Gas Systems,'' which is available (in single copy) to pipeline 
operators at no cost from the Transportation Safety Institute, Pipeline 
Safety Division, DTI-60, Post Office Box 25082, Oklahoma City, Oklahoma 
73125-5050. The manual was developed by RSPA with the assistance of 
state pipeline safety representatives and gas distribution trade 
association members. The manual has recently been revised and updated. 
It provides a broad overview of compliance responsibilities under parts 
191, 192, and 199 of the Federal pipeline safety regulations and is 
designed for use by non-technically trained operator personnel working 
on small gas distribution systems, including master meter systems. 
Since the publication of the first edition in 1982, some 50,000 copies 
have been disseminated to gas operator personnel.

Covered Functions

    The proposed regulations apply to personnel who perform regulated 
operation, maintenance, and emergency-response functions ( covered 
functions ) on a ``pipeline,'' as that term is defined in Secs. 192.3 
and 195.2 of the pipeline safety regulations. Additionally, the 
proposed regulations would apply to ``supervisory persons'' (defined in 
Secs. 192.803 and 195.503, as operators, managers, supervisors, 
foremen, co-workers, and other personnel) who directly oversee persons 
performing these same covered functions. Lack of qualified personnel to 
perform regulated pipeline design and construction functions that are 
unrelated to pipeline operation, maintenance, or emergency response has 
not been identified as a significant safety problem. Thus, at this 
time, no new requirements are proposed for these areas. Nonetheless, if 
regulated design or construction functions are required to properly 
accomplish regulated operation, maintenance, or emergency-response 
work, then persons performing those related design or construction 
functions must be qualified as proposed in this notice. However, 
persons with pipeline expertise and registered as professional 
engineers in the state where the pipeline work is located are qualified 
for any such engineering design under the proposed requirements.
    Covered functions are those operation, maintenance, and emergency-
response functions that are regulated by the pipeline safety 
regulations. However, covered functions are not limited to those under 
Part 192, Subpart L--Operations and Subpart M--Maintenance or Part 195, 
Subpart F--Operation and Maintenance. The covered functions are much 
broader and are generally identified as having all three of the 
following characterics:
     Characteristic No. 1--The function is performed by persons 
either in direct contact, or in close association with pipelines 
regulated by parts 192 or 195.
     Characteristic No. 2--The function performed applies to 
the operation or maintenance of pipelines, or the response to an 
emergency involving pipelines. These functions are performed on 
pipelines that are or have been in service, as opposed to new pipelines 
that have not yet been readied for service. Operating functions 
include, among other things, the control of pressure, movement, or 
storage of gas under part 192 and hazardous liquids or carbon dioxide 
under part 195. Maintenance functions keep a pipeline in proper 
condition or preserve a pipeline for future use. They include, among 
other things, functions involved in inspection, protection, repair, 
replacement, and integrity testing. Emergency-response functions are 
steps an operator takes to recognize emergency conditions; control or 
mitigate their harmful effects to persons, property, or the 
environment; and then return the pipeline to normal operating 
conditions.
     Characteristic No. 3--The function is regulated by a 
provision contained in part 192 or 195. A function is regulated in 
instances where a provision: (1) contains a rule that governs the 
conduct of the function, or (2) requires that the function be done 
according to a plan or procedure.

Proposed Subparts

    Because the training and testing of pipeline personnel may be an 
expanding requirement, the qualification regulations under this 
proposal would be placed in new subpart N of part 192 and new subpart G 
of part 195. The current Sec. 195.403 (Training) would be deleted.
    Under the proposed Secs. 192.805(a) and 195.505(a), operators would 
have to assure that personnel (both experienced and inexperienced) who 
perform, or directly oversee persons performing, regulated operation, 
maintenance, or emergency-response functions (covered functions) have 
been qualified by completion of all the requirements for qualification. 
Persons qualified to perform certain covered functions may need 
additional training and testing before performing other covered 
functions to which they are upgraded, promoted, or transferred. The 
personnel affected by this proposal may be operators themselves; 
regular, part-time, or temporary employees of the operator; independent 
contractors and subcontractors engaged by the operator; and regular, 
part-time, or temporary employees of contractors and subcontractors.
    Under Secs. 192.805(b) and 195.505(b), functions required to be 
performed by qualified persons may (except for the specified functions) 
also be performed by persons without such qualification if, while 
performing the function, those persons are accompanied and directed by 
a qualified supervisory person. This provision is intended to permit 
on-the-job training of persons not yet qualified. The supervisory 
person involved would not only have to directly oversee performance of 
the covered function, but accompany and direct the trainee (or 
unqualified person) while he or she performs the function.
    Moreover, supervisory persons directly overseeing qualified persons 
performing covered functions would, themselves, be required to be 
qualified or required to be qualified administratively for those 
covered functions as required in Secs. 192.805(c) and 195.505(c). The 
term ``qualified administratively'' is defined in Secs. 192.803 and 
195.503.
    Under the proposed Secs. 192.805(c) and 195.505(c), supervisory 
persons may become qualified administratively in certain covered 
functions by meeting all the proposed training and testing 
requirements, except those involving the demonstration of competent 
manual skills. Accordingly, supervisory persons directly overseeing 
personnel such as qualified welders would be permitted an exemption 
from ``hands-on'' welding. However, such supervisory persons would be 
required to demonstrate an appropriate knowledge of the pipeline safety 
regulations for welding--subpart E of part 192 or subpart D of part 195 
as required under the proposed Secs. 192.811(d)(1) and 195.511(d)(1). 
RSPA encourages the practice of some pipeline operators to require that 
persons directly supervising welders be, themselves, fully qualified 
welders.
    Under Secs. 192.807 and 195.507, all evaluating, training, and 
testing of personnel would be performed by an instructor with 
demonstrable proficiency in the functions to be taught and tested. 
Demonstrable proficiency is proposed to be defined as evidence of 
competence acceptable to other persons with specialized training or 
certification in the performance of similar functions. However, the 
instructor's proficiency need only be commensurate with the level of 
knowledge and skills required for competent performance of the function 
on the operator's unique pipeline. This provision recognizes that the 
degree or extent of knowledge and skills required to competently 
perform some functions on a particular pipeline may be less than that 
required for similar functions on more complex pipelines.
    Operators (who own or operate pipelines) are permitted to serve as 
instructors or to select operator personnel or other entities to serve 
as instructors, providing that the operator or persons selected as 
instructors have the required level of proficiency. An operator who 
would not qualify as an instructor but would need to be evaluated for 
purposes of qualification would have to obtain the evaluation from an 
instructor, who could be another operator, employee of that other 
operator or an entity qualified as an instructor.
    Under Secs. 192.809(a) and 195.509(a), instructors would be 
required to evaluate the work experience and training of persons 
requiring qualification in order to determine what, if any, prior work 
experience and training were suitable and applicable to that required 
for competent performance of the persons' current functions. Work 
experience and training that are evaluated as equivalent to any of the 
general or specific training elements of Secs. 192.811 and 195.511 
would not require retraining, but would require testing under 
Secs. 192.813 and 195.513 to confirm the evaluation. After completion 
of the evaluation of the prior experience and training of persons 
performing covered functions, the operator would be required by 
Secs. 192.809(b) and 195.509(b) to prepare a written or computerized 
qualification training and testing schedule containing details such as 
names and titles of affected persons, dates and locations for training 
and testing, elements of general and specific training to be taught or 
tested, and names of instructors. Under Secs. 192.809(c) and 
195.509(c), the operator would be required to prepare a written or 
computerized refresher training schedule showing similar details, 
except that testing is not required, under this proposal, for refresher 
training. The proposed elements of qualification training under 
Secs. 192.811 and 195.511 are based on the training program hazardous 
liquid operators are now required to conduct under Sec. 195.403(a). 
However, the proposed requirements are more comprehensive.
    Under the proposal, all affected personnel (except persons with 
prior equivalent work experience or training that have been confirmed 
by testing) would have to satisfactorily complete general training 
elements of Secs. 192.811 and 195.511 appropriate to the operator's 
unique pipeline and specific training elements relevant to a person's 
covered functions on that unique pipeline. Operators would have to 
demonstrate that their personnel have received training relevant to the 
operator's unique pipeline system in the applicable elements of 
Secs. 192.811 and 195.511 through any, or a combination of the 
following methods: prior formal education, prior company-sponsored 
training, work experience, apprenticeship, or newly provided on-the-job 
or classroom training. All would qualify as legitimate training 
methods. The necessary depth and length of training would be 
established by the operator so that they are sufficient to assure 
personnel competency as demonstrated by subsequent testing under 
Secs. 192.813 and 195.513.
    Under this approach, pipeline instructors would determine for each 
individual what work experience and prior education or training are 
relevant to that individual's covered functions and what additional 
training is needed to meet the proposed elements of training. 
Consequently, wholesale training should be unnecessary for most 
experienced personnel of pipeline operators with currently adequate 
training programs. Although this approach is intended to give operators 
latitude in developing a qualification program, each operator's program 
would be required to result in personnel of the operator and the 
contractor being proficient in all the training elements proposed under 
Secs. 192.811 and 195.511. Because the training appropriate for one 
individual function, or a particular pipeline, may not be appropriate 
for another individual function, or another pipeline, an operator's 
qualification program would be developed and implemented to accommodate 
such distinctions.
    RSPA is particularly concerned that control center dispatchers and 
other operating personnel are adequately trained to recognize the 
abnormal operating conditions or the emergency conditions of proposed 
Secs. 192.811(d)(4) and 195.511(d)(4). Further, RSPA is concerned that 
control center persons and other operating personnel are adequately 
trained in the appropriate reactions to restore abnormal operating 
conditions to normal conditions and are adequately trained in the 
appropriate reactions to prevent the development of emergency 
conditions. Additionally, in the proposed Secs. 192.811(d)(5) and 
195.511(d)(5), control center persons, and operating and emergency-
response personnel must be adequately trained in the appropriate 
reactions to control emergency conditions or to mitigate the potential 
for personal injury, death, property damage, and environmental damage. 
Sections 192.811(d)(5) and 195.511(d)(5) would supplement the 
requirements of the current Secs. 192.615 (Emergency plans) and 195.402 
(Procedural manual for operations, maintenance, and emergencies).
    Under Secs. 192.813 and 195.513, tests would have to be designed by 
the operator to demonstrate that personnel possess the knowledge and 
skills that training is intended to impart. Testing could be through 
any, or a combination of, written, hands-on, or oral methods 
appropriate for the function tested. For some functions, a suitable 
test might consist of observing ``hands-on'' performance supplemented 
by appropriate questioning. Operators must set the minimum acceptable 
test grade at a level that would demonstrate the knowledge and skills 
required to competently perform the function tested. Testing would be 
required for all persons performing covered functions including 
experienced personnel evaluated under Secs. 192.809(a) and 195.509(a) 
to have met training requirements by equivalent prior training or 
experience. RSPA believes that testing is the only reasonable way to 
ensure that personnel possess the knowledge and skills required for 
qualification.
    Under these proposed regulations, qualification of an individual 
based on training and testing would not be a one-time event. Each time 
the pipeline safety regulations or the operator's procedures are 
changed or new ones are put into effect, operators would have to 
determine which persons may need additional training to carry out their 
covered functions under the new regulations or procedures. When further 
qualification training is required, it would have to be followed by a 
test. When qualification is required to comply with new or revised 
pipeline safety regulations, the qualification training and testing 
would have to be completed before the compliance dates specified in the 
rule and before the affected person begins performance of a covered 
function. A similar evaluation and timely qualification process would 
be required each time a person is given an operation, maintenance, or 
emergency-response assignment for which that person is not qualified. 
Until that person becomes qualified, the person must be accompanied and 
directed by a qualified person.
    The requirement of existing Sec. 195.403(a) that the training 
program be continuing would be made more definite under the proposed 
requirement for refresher training at intervals not to exceed 2 years. 
Under the proposed Secs. 192.815 and 195.515, refresher training is 
intended to be a review of the general and the appropriate specific 
elements under Secs. 192.811 and 195.511. The review may be 
accomplished by the same methods used for qualification training. 
However, there is no exception for prior experience or training 
evaluated as equivalent, as permitted in Secs. 192.811(a) and 
195.511(a). An existing requirement under Sec. 195.403(c) requires 
hazardous liquid operators to require and verify that their supervisors 
maintain a thorough knowledge of that portion of the procedures 
established under Sec. 195.402 (Procedural manual for operations, 
maintenance, and emergencies). This requirement would not be continued 
in its present form under the proposed qualification standards because 
it is less rigorous than the proposed requirement that affected 
personnel be qualified. Moreover, an existing requirement under 
Sec. 195.403(b) concerning review of personnel performance relative to 
the objectives of the training program would be carried forward into 
proposed competency reviews under Secs. 192.817(e) and 195.517(e).
    The purpose of competency reviews is to evaluate the effectiveness 
of qualification training, testing, and refresher training by reviewing 
the performance of personnel involved with covered functions which 
resulted in reportable accidents and other nonreportable events. The 
nonreportable events would be deaths, personal injuries, property 
damage, or damage to the environment, any of which may have occurred 
without a release of the gas, hazardous liquid, or carbon dioxide, or 
otherwise did not meet the threshold limits for reportable gas 
incidents under Sec. 191.5 or reportable liquid accidents under 
Sec. 195.50. Among other such events would be violation of operating 
procedures, and abnormal operating conditions or emergency conditions 
as set out in the proposed Secs. 192.811(d)(4)-(d)(5) and 
Secs. 195.511(d)(3)-(d)(4).
    Within 2 months after a competency review, the operator would be 
required to have identified and implemented appropriate revisions, if 
any are identified, in the qualification program to reduce the 
likelihood of the reoccurrence of a similar accident or event.
    Sections 192.819 and 195.519 would require the operators to prepare 
and maintain records showing that personnel have been trained and 
tested as required. Additionally, the operator would be required to 
sign and date certification statements specifying the covered functions 
for which each person is qualified. The date of the certification 
statement becomes the date of the persons qualification for the 
specified covered functions. Records would be kept for a minimum of 3 
years after a person is no longer employed by the operator in a 
capacity that requires qualification.

Relation to Other Qualification Rules

    Except for the removal of Sec. 195.403 discussed above, RSPA does 
not intend that the qualification rules proposed by this notice 
substitute for any of the existing requirements of parts 192 and 195 
governing the qualification of personnel to perform specific functions. 
Consequently, individuals who perform functions requiring qualification 
under the existing pipeline safety regulations such as welding, 
nondestructive testing, corrosion control, or plastic pipe joining as 
part of a regulated operation, maintenance, or emergency-response 
function on a pipeline would have to meet both the existing job-
specific qualification requirements, and the additional qualification 
standards put forth in this notice.

Contractor Personnel

    The proposed regulations apply to persons performing covered 
functions and supervisory persons directly overseeing persons 
performing covered functions. The persons may be employed by the 
operator, be a contractor engaged by the operator, or be employed by 
the contractor. Thus, contractor and subcontractor personnel performing 
covered functions for an operator on the pipeline would be required to 
be qualified, as prescribed in this notice.
    The pipeline operator is responsible for assuring that contractor 
personnel performing covered functions comply with the proposed 
qualification requirements. To comply with this requirement, operators 
may elect to implement the following steps: (1) include appropriate 
``qualification of personnel'' clauses in contracts with contractors; 
(2) require contractors to prepare and keep current records 
demonstrating that personnel performing covered functions receive 
training, testing and refresher training and, if required, competency 
reviews as required by the proposed requirements in this notice; and 
(3) monitor onsite contractor personnel to ensure that persons 
performing covered functions are qualified and certified as proposed in 
this notice.

Proposed Compliance Deadlines

    RSPA proposes, under Secs. 192.821(a)-(b) and 195.521(a), that all 
pipeline operators be given 6 months to prepare a qualification 
training and testing schedule. However, operators of small gas systems 
would be given 3 years and all other pipeline operators would be given 
2 years to comply with all other requirements for personnel 
qualification under the proposed Secs. 192.821 and 195.521. Based on 
the recommendations of the joint advisory committees made on September 
23, 1987, that the regulations be sensitive to the limited financial 
and technical resources of operators of small gas distribution systems, 
the proposed Secs. 192.821(b)(2)-(b)(4) would allow operators of such 
systems an additional year to comply with all the regulations except 
the requirement for preparation of the qualification training and 
testing schedule as set out in Sec. 192.821(b)(1). This extra year 
should provide a reasonable time period for small gas distribution 
operators to utilize the state, Federal, and gas association training 
aids to develop the relevant training and testing required to qualify 
personnel to whom these proposed rules would apply. All the compliance 
dates begin at the date of promulgation of the final rule in the 
Federal Register.
    Operators of pipelines subject to part 195 remain subject to 
Sec. 195.403 until the proposed subpart G becomes effective.

Rulemaking Analyses

E.O. 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, is subject 
to review by the Office of Management and Budget (OMB). The proposal is 
considered significant under the Department of Transportation Policies 
and Procedures (44 FR 11034; February 26, 1979), because of the 
substantial interest expressed by the pipeline industry, state and 
Federal agencies, and Congress. A regulatory evaluation is available 
for review in the docket.

Federalism Assessment

    The proposed rulemaking action would not have substantial direct 
effects on states, on the relationship between the Federal Government 
and the states, or on the distribution of power and responsibilities 
among the various levels of government. Therefore, in accordance with 
Executive Order 12612 (52 FR 41685; October 30, 1987), RSPA has 
determined that this notice does not have sufficient federalism 
implications to warrant preparation of a Federalism Assessment.

Regulatory Flexibility Act

    Based on the facts available about the impact of this rulemaking 
action, I certify pursuant to section 605 of the Regulatory Flexibility 
Act (5 U.S.C 601-612) that the action will not, if adopted as final, 
have a significant economic impact on a substantial number of small 
entities.

Paperwork Reduction Act

    This notice of proposed rulemaking contains information collection 
requirements in the form of written or computerized training and 
testing schedules under the proposed Secs. 192.809 and 195.509, and 
recordkeeping to substantiate the training and testing of personnel 
under the proposed Secs. 192.819 and 195.519. These paperwork 
requirements are necessary to properly implement 49 U.S.C. Sec. 60102. 
The operator would develop the schedules and prepare and maintain the 
personnel training and testing records for proper performance of the 
proposed rule. However, pipeline operators with adequately qualified 
personnel currently have such records of training and testing. For 
persons newly trained and tested under the requirements of this 
proposal, much of the information required for the personnel records 
would be available in the required qualification schedules. None of 
these information collection requirements would be prepared for the 
purpose of submittal to RSPA.
    These proposed information collection requirements have been 
submitted to the OMB for approval under the Paperwork Reduction Act of 
1980 (44 U.S.C. Chap. 35) and 5 CFR 1320 under the following:
    ADMINISTRATION: Department of Transportation, Research and Special 
Programs Administration;
    TITLE: Qualification of Pipeline Personnel;
    NEED FOR INFORMATION: To prevent pipeline incidents and accidents 
by assuring the competency of pipeline personnel through training, 
testing, and periodic refresher training;
    PROPOSED USE OF INFORMATION: To ensure pipeline personnel have the 
necessary knowledge and skills to competently perform regulated 
operation, maintenance, and emergency response functions;
    FREQUENCY: On occasion;
    BURDEN ESTIMATE: $2.5 million (initially), and $0.9 million 
(annually) thereafter;
    RESPONDENTS: Operators subject to CFR Parts 192 & 195;
    FORM(S): None;
    AVERAGE BURDEN HOURS PER RESPONDENT: 1.8 hours (initially), and 0.7 
hours (annually).
    For further information contact: The Information Management 
Division, M-34, Office of the Secretary of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590, Tel. (202) 366-4735.
    Comments on the proposed information collection requirements should 
be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Washington, DC 20503, Attn: Desk 
Officer for Department of Transportation, Research and Special Programs 
Administration. It is requested that comments sent to OMB also be sent 
to the RSPA rulemaking docket for this proposed action.

List of Subjects

49 CFR Part 192

    Natural gas, Pipeline safety, Reporting and recordkeeping 
requirements.

49 CFR Part 195

    Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety, 
Reporting and recordkeeping requirements.

    In consideration of the foregoing, RSPA proposes to amend title 49 
of the Code of Federal Regulations parts 192 and 195 as follows:

PART 192--[AMENDED]

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

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 
60113, 60118; 49 CFR 1.53.

    2. A new subpart N would be added to read as follows:

Subpart N--Qualification of Pipeline Personnel

Sec.
192.801  Scope.
192.803  Definitions.
192.805  Personnel to be qualified.
192.807  Instructors.
192.809  Evaluation and scheduling.
192.811  Qualification training.
192.813  Testing.
192.815  Refresher training.
192.817  Competency reviews.
192.819  Recordkeeping.
192.821  Compliance dates.

Subpart N--Qualification of Pipeline Personnel


Sec. 192.803  Scope.

    (a) This subpart prescribes minimum requirements for the 
qualification of personnel performing covered functions.
    (b) Under this subpart, personnel must complete requirements for 
qualification training, testing, and refresher training.
    (c) Under this subpart, the operator must ensure implementation of 
the following requirements: identification of covered functions and 
affected personnel; selection of instructors and subject matter; 
evaluation of prior experience and training of personnel; scheduling 
and implementation of training, testing, and refresher training; 
performance of competency reviews; maintenance of qualification 
records; certification of personnel and supervisory person 
qualification; and adherence with compliance dates.
    (d) No operator may use a person to perform any covered function 
for which qualification is needed, unless and until that person is 
qualified and certified by the operator, or that person is accompanied 
and directed by a qualified person.


Sec. 192.803  Definitions.

    As used in this subpart:
    Covered functions means regulated operation, maintenance, and 
emergency-response functions performed in direct contact, or in close 
association with pipelines subject to this part. Covered functions are 
not limited to those under Subpart L--Operations or Subpart M--
Maintenance of this part. Covered functions do not include clerical, 
truck driving, accounting, or other functions not subject to this part.
    Demonstrable proficiency means evidence of knowledge and skill 
acceptable to other persons with specialized training or certification 
in the performance of similar functions.
    Demonstrated successful performance on a test means achievement of 
at least the minimum acceptable grade level that demonstrates the 
knowledge and skills required to competently perform the function 
tested.
    Personnel means persons performing covered functions or supervisory 
persons directly overseeing persons performing covered functions. The 
persons may be the operator or employed by the operator, be a 
contractor engaged by the operator, or be employed by such contractor.
    Qualification training and testing schedule means a written or 
computerized schedule, prepared by the operator, that sets out the 
following minimum details: names and titles of personnel, dates of 
training and testing, elements of general and specific training to be 
taught or tested, and names of instructors.
     Qualified means meeting the training, testing, and recordkeeping 
requirements of this subpart for a covered function.
    Qualified administratively means meeting the training, testing, and 
recordkeeping requirements of this subpart for covered functions, 
except those involving the demonstration of competent ``hands-on'' 
skills, such as required for welding.
    Refresher training schedule means a written or computerized 
schedule, prepared by the operator, that sets out the details of the 
qualification training and testing schedule, except that information 
relating to testing is not required.
    Small gas distribution systems means, as characterized in this 
subpart, gas distribution systems serving fewer than 10,000 customers. 
They include petroleum gas systems (covered by Sec. 192.11) and master 
meter systems (defined in Sec. 191.3), both of which usually serve 
mobile home parks or housing complexes; and private or municipal 
systems.
    Supervisory persons means persons such as operators, managers, 
supervisors, foremen, co-workers and other personnel.


Sec. 192.805   Personnel to be qualified.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
persons performing covered functions and supervisory persons directly 
overseeing persons performing covered functions must be qualified under 
this subpart. Personnel requiring such qualification may be the 
operator or employed by the operator, be a contractor engaged by the 
operator, or be employed by such contractor.
    (b) Except for the covered functions of welding and nondestructive 
testing under subpart E of this part and of plastic pipe joining under 
subpart F of this part, personnel requiring qualification under 
paragraph (a) of this section may perform a covered function without 
qualification if, while performing the function, those persons are 
accompanied and directed by a supervisory person qualified under this 
subpart.
    (c) Supervisory persons directly overseeing qualified persons 
performing covered functions must, themselves, be qualified or be 
qualified administratively for those functions.


Sec. 192.807  Instructors.

    (a) To implement the evaluating, training, and testing requirements 
of this subpart, an instructor (the operator or others selected by the 
operator) must have demonstrable proficiency in the functions to be 
taught and tested commensurate with the level of knowledge and skills 
required for the operator's unique pipeline system.
    (b) Whenever an instructor selected by the operator is a person or 
entity other than the operator or operator personnel, the operator 
remains responsible for ensuring that the requirements of this subpart 
are complied with.


Sec. 192.809  Evaluation and scheduling.

    (a) The instructor shall evaluate any prior experience and training 
of personnel requiring qualification under Sec. 192.805. Previous 
experience or training equivalent to any of the general or specific 
training elements of Sec. 192.811 would not require qualification 
training in those elements, but would require testing under 
Sec. 192.813.
    (b) To ensure completion of the evaluation under paragraph (a) of 
this section and the scheduling necessary for implementation of 
training and testing under Secs. 192.811 and 192.813, the operator 
shall prepare a written or computerized qualification training and 
testing schedule. The schedule shall contain names and titles of 
affected persons, dates and locations for training and testing, 
elements of general and specific training to be taught or tested, and 
names of instructors.
    (c) To ensure completion of the scheduling necessary for 
implementation of the refresher training under Sec. 192.815, the 
operator shall prepare a written or computerized refresher training 
schedule. The schedule shall contain details, with the exception of 
testing, similar to those required in paragraph (b) of this section.


Sec. 192.811   Qualification training.

    (a) Except for any prior experience or training evaluated as 
equivalent under Sec. 192.809(a), to be qualified under this subpart, 
personnel must satisfactorily complete general and specific training 
appropriate to the operator's unique pipeline system. Supervisory 
persons are required to be similarly qualified or, under 
Sec. 192.805(c), are permitted to be qualified administratively.
    (b) General and specific training may be acquired through one or 
any combination of classroom education, operator-sponsored training, 
on-the-job training, or apprenticeship.
    (c) Minimum general training required by all persons includes 
knowledge of the following elements:
    (1) Characteristics and hazardous properties of gas transported, 
such as explosive range, temperature, and corrosive effects on pipeline 
systems, as well as toxicity, olfactory, asphyxiatory, and temperature 
effects on persons, property, and the environment;
    (2) Potential ignition sources of escaping gas;
    (3) Purpose and operation of the damage prevention program in 
Sec. 192.614 including the operation of one-call systems; and
    (4) Purpose of the drug testing program under part 199 of this 
chapter.
    (d) Minimum specific training required when relevant to a person's 
function includes knowledge of the following elements:
    (1) Requirements of the other subparts of this part;
    (2) Requirements of part 191 of this chapter--Transportation of 
Natural and Other Gas by Pipelines: Annual Reports; Incident Reports, 
and Safety-Related Condition Reports;
    (3) Requirements of part 199 of this chapter--Drug Testing;
    (4) Recognition of abnormal and emergency conditions:
    (i) Ability to recognize abnormal operating conditions which may 
indicate a dangerous situation or a condition exceeding operating 
design limitations, such as a pressure above the maximum allowable 
operating pressure but not exceeding the limitations of Sec. 192.201, 
and to recognize other conditions such as those in Secs. 192.605 (c) 
and (f).
    (ii) Ability to recognize emergency conditions such as an operating 
pressure exceeding the limitations of Sec. 192.201 and to recognize 
emergency conditions such as those in Secs. 192.605 and 192.615.
    (iii) Training for paragraphs (d)(4)(i) and (d)(4)(ii) of this 
section shall, where feasible, utilize simulated pipeline conditions.
    (5) Reaction to abnormal and emergency conditions:
    (i) Ability to react appropriately to an abnormal operating 
condition or to a condition exceeding design limitations in a manner 
that restores the normal operating condition or prevents the 
development of an emergency condition.
    (ii) Ability to react appropriately to an emergency condition to 
control or mitigate the potential for personal injury, death, property 
damage, and environmental damage.
    (iii) Training for paragraphs (d)(5)(i) and (d)(5)(ii) of this 
section shall, where feasible, utilize simulated pipeline conditions.
    (6) Requirements for notifying and responding to notifications from 
one-call systems where the operator is a participating member;
    (7) Repairs of pipelines using appropriate precautions, such as 
isolation, purging, and venting;
    (8) Proper operation and maintenance of available combustible gas 
detecting equipment and locating instruments for underground pipelines.
    (9) Firefighting procedures and proper use of available equipment, 
such as fire suits, breathing apparatus, water hoses, and chemical fire 
extinguishers (by utilizing, where feasible, simulated pipeline 
emergency conditions).


Sec. 192.813  Testing.

    (a) Except as provided for supervisory persons in this paragraph, 
to be qualified under this subpart, personnel must have demonstrated 
successful performance on a test of the general training elements in 
Sec. 192.811(c) and relevant specific training elements in 
Sec. 192.811(d). Testing may be performed through one or any 
combination of written, hands-on, or oral methods appropriate for the 
function tested. Supervisory persons are required to be similarly 
qualified or, under Sec. 192.805(c), are permitted to be qualified 
administratively.
    (b) Testing is not required for the refresher training under 
Sec. 192.815.


Sec. 192.815   Refresher training.

    (a) To remain qualified under this subpart personnel, within 24 
months of the date of the certification statement required under 
Sec. 192.819(b), must receive refresher training. Refresher training is 
a review of the requirements for general training and the appropriate 
requirements for specific training under Sec. 192.811.
    (b) Refresher training is required within 24-month intervals 
thereafter.


Sec. 192.817   Competency reviews.

    At intervals not exceeding 7 months, but at least twice each 
calendar year, an operator shall review the performance of any 
personnel involved in an incident (reportable or nonreportable events 
under Sec. 191.5 of this chapter) that resulted in an explosion, fire, 
unintentional release of gas, personal injury or death, property damage 
to the operator or others, damage to the environment or that is a 
violation of the operator's procedures under Sec. 192.605. Among other 
such events are abnormal operating conditions or emergency conditions 
set out in Secs. 192.811 (d)(4) and (d)(5). Within 2 months after a 
competency review, the operator shall:
    (a) Evaluate the effectiveness of qualification training, testing, 
and refresher training required by this subpart; and
    (b) Identify and implement appropriate revisions, if any, in the 
qualification program to improve the competency of operator personnel 
in order to reduce the likelihood of similar incidents.


Sec. 192.819  Recordkeeping.

    (a) For personnel qualified to perform covered functions, the 
operator shall prepare and maintain written or computerized records and 
dates of:
    (1) The general and specific training elements of Sec. 192.811 
which the person has satisfactorily completed;
    (2) The results of the testing required by Sec. 192.813 indicating 
the person has demonstrated successful performance; and
    (3) The refresher training required by Sec. 192.815 which the 
person has received.
    (b) Each operator shall sign and date the following statements, and 
include it among the records for each qualified person: ``I certify 
that on this date [insert name of person] is [qualified or qualified 
administratively] to perform the specified covered function(s) by the 
training and testing required by 49 CFR Part 192, Subpart N, as 
demonstrated by the accompanying record(s) prepared for that person in 
accordance with Sec. 192.819.''
    (c) The records shall be retained for at least 36 months after a 
person ceases to be employed by the operator in a capacity that 
requires qualification under this subpart.


Sec. 192.821  Compliance dates.

    (a) Except for operators of small gas systems under paragraph (b) 
of this section, operators shall meet the following compliance dates:
    (1) Completion of the initial qualification training and testing 
schedule required by Sec. 192.809(b) before [6 months after date of 
publication of final rule];
    (2) Completion of the initial qualification training and testing 
required by Secs. 192.811 and 192.813 and recordkeeping required by 
Sec. 192.819 before [24 months after date of publication of final 
rule];
    (3) Completion of the initial refresher training schedule required 
by Sec. 192.809(c) before [30 months after publication of final rule]. 
Thereafter, the refresher training schedule shall be updated as 
necessary for implementation of the requirements for refresher training 
under Sec. 192.815;
    (4) Completion of the initial refresher training required by 
Sec. 192.815 before [42 months after date of publication of final 
rule]; and
    (5) Completion of the initial competency reviews, if any, required 
under Sec. 192.817 before [12 months after date of publication of final 
rule].
    (b) Operators of small gas distribution systems defined in 
Sec. 192.803 shall meet the following compliance dates:
    (1) Completion of the initial qualification training and testing 
schedule required by Sec. 192.809(b) before [6 months after date of 
publication of final rule];
    (2) Completion of the initial qualification training and testing 
required by Secs. 192.811 and 192.813 and recordkeeping required by 
Sec. 192.819 before [36 months after date of publication of final 
rule];
    (3) Completion of the initial refresher training schedule required 
by Sec. 192.809(c) before [42 month after date of publication of final 
rule]. Thereafter, the schedule shall be updated as necessary for 
implementation of the requirements for refresher training under 
Sec. 192.815;
    (4) Completion of the initial refresher training required by 
Sec. 192.815 before [54 months after date of publication of final 
rule]; and
    (5) Completion of the initial competency reviews, if any, required 
under Sec. 192.817 before [24 months after date of publication of final 
rule].

PART 195--[AMENDED]

    3. The authority citation for part 195 is revised to read as 
follows:

    Authority: 49 U.S.C. 60102, 60104, 60108, 60109; 49 CFR 1.53.

    4. Section 195.403 would be removed and reserved and a new subpart 
G would be added to read as follows:

Subpart G--Qualification of Pipeline Personnel

Sec.
195.501  Scope.
195.503  Definitions.
195.505  Personnel to be qualified.
195.507  Instructors.
195.509  Evaluation and Scheduling.
195.511  Qualification training.
195.513  Testing.
195.515  Refresher training.
195.517  Competency reviews.
195.519  Recordkeeping.
195.521  Compliance dates.

Subpart G--Qualification of Pipeline Personnel.


Sec. 192.503   Scope.

    (a) This subpart prescribes minimum requirements for the 
qualification of personnel performing covered functions.
    (b) Under this subpart, personnel must complete requirements for 
qualification training, testing, and refresher training.
    (c) Under this subpart, the operator must ensure implementation of 
the following requirements: identification of covered functions and 
affected personnel; selection of instructors and subject matter; 
evaluation of prior experience and training of personnel; scheduling 
and implementation of training, testing, and refresher training; 
performance of competency reviews; maintenance of qualification 
records; certification of personnel and supervisory person 
qualification; and adherence with compliance dates.
    (d) No operator may use a person to perform any covered function 
for which qualification is needed, unless and until that person is 
qualified and certified by the operator, or that person is accompanied 
and directed by a qualified person.


Sec. 195.503   Definitions.

    As used in this subpart:
    Covered functions means regulated operation, maintenance, and 
emergency-response functions performed in direct contact, or in close 
association with pipelines subject to this part. Covered functions are 
not limited to those under Subpart F--Operation and Maintenance of this 
part. Covered functions do not include clerical, truck driving, 
accounting, or other functions not subject to this part.
    Demonstrable proficiency means evidence of knowledge and skill 
acceptable to other persons with specialized training or certification 
in the performance of similar functions.
    Demonstrated successful performance on a test means achievement of 
at least the minimum acceptable grade level that demonstrates the 
knowledge and skills required to competently perform the function 
tested.
    Personnel means persons performing covered functions or supervisory 
persons directly overseeing persons performing covered functions. The 
persons may be the operator or employed by the operator, be a 
contractor engaged by the operator, or be employed by such contractor.
    Qualification training and testing schedule means a written or 
computerized schedule, prepared by the operator, that sets out the 
following minimum details: names and titles of personnel, dates of 
training and testing, elements of general and specific training to be 
taught or tested, and names of instructors.
    Qualified means meeting the training, testing, and recordkeeping 
requirements of this subpart for a covered function.
    Qualified administratively means meeting the training, testing, and 
recordkeeping requirements of this subpart for a covered function, 
except those involving the demonstration of competent ``hands-on'' 
skills, such as required for welding.
    Refresher training schedule means a written or computerized 
schedule, prepared by the operator, setting out the same details as the 
qualification training and testing schedule, except that information 
relating to testing is not required.
    Supervisory persons means persons such as operators, managers, 
supervisors, foremen, co-workers and other personnel.


Sec. 195.505   Personnel to be qualified.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
persons performing covered functions and supervisory persons directly 
overseeing persons performing covered functions must be qualified under 
this subpart. Personnel requiring such qualification may be the 
operator or employed by the operator, be a contractor engaged by the 
operator, or be employed by such contractor.
    (b) Except for the covered functions of welding and nondestructive 
testing under subpart D of this part, personnel requiring qualification 
under paragraph (a) of this section may perform a covered function 
without qualification if, while performing the function, those persons 
are accompanied and directed by a supervisory person qualified under 
this subpart.
    (c) Supervisory persons directly overseeing qualified persons 
performing covered functions must, themselves, be qualified or be 
qualified administratively for those functions.


Sec. 195.507   Instructors.

    (a) To implement the evaluating, training, and testing requirements 
of this subpart, an instructor (the operator or others selected by the 
operator) must have demonstrable proficiency in the functions to be 
taught and tested commensurate with the level of knowledge and skills 
required for the operator's unique pipeline system.
    (b) Whenever an instructor selected by the operator is a person or 
entity other than the operator or operator personnel, the operator 
remains responsible for ensuring that the requirements of this subpart 
are complied with.


Sec. 195.509   Evaluation and scheduling.

    (a) The instructor shall evaluate any prior experience and training 
of personnel requiring qualification under Sec. 195.505. Previous 
experience or training equivalent to any of the general or specific 
training elements of Sec. 195.511 would not require qualification 
training in those elements, but would require testing under 
Sec. 195.513.
    (b) To ensure completion of the evaluation under paragraph (a) of 
this section and the scheduling necessary for implementation of 
training and testing under Secs. 195.511 and 195.513, the operator 
shall prepare a written or computerized qualification training and 
testing schedule. The schedule shall contain names and titles of 
affected persons, dates and locations for training and testing, 
elements of general and specific training to be taught or tested, and 
names of instructors.
    (c) To ensure completion of the scheduling necessary for 
implementation of the refresher training under Sec. 195.515, the 
operator shall prepare a written or computerized refresher training 
schedule. The schedule shall contain details, with the exception of 
testing, similar to those required in paragraph (b) of this section.


Sec. 195.511   Qualification training.

    (a) Except for any prior experience or training evaluated as 
equivalent under Sec. 195.509(a), to be qualified under this part, 
personnel must satisfactorily complete general and specific training 
appropriate to the operator's unique pipeline system. Supervisory 
persons are required to be similarly qualified or, under 
Sec. 195.505(c), to be qualified administratively.
    (b) General and specific training may be acquired through one or 
any combination of classroom education, operator-sponsored training, 
on-the-job training, or apprenticeship.
    (c) Minimum general training required by all persons includes 
knowledge of the following elements:
    (1) Characteristics and hazardous properties of non-HVL hazardous 
liquid, HVL, or carbon dioxide transported, such as flammability range, 
temperature, and corrosive effects on pipeline systems, as well as 
toxicity, olfactory, asphyxiatory, low temperature freeze burns, and 
vapor cloud effects on persons, property, and the environment;
    (2) Potential ignition sources of escaping liquids;
    (3) Purpose and operation of the damage prevention program in 
effect by the operator; and
    (4) Purpose of the drug testing program under part 199 of this 
chapter.
    (d) Minimum specific training required when relevant to a person's 
function includes knowledge of the following elements:
    (1) Requirements of the other subparts of this part;
    (2) Requirements of part 194 of this chapter--Response Plans for 
Onshore Oil Pipelines;
    (3) Requirements of part 199 of this chapter--Drug Testing;
    (4) Recognition of abnormal and emergency conditions:
    (i) Ability to recognize abnormal operating conditions which may 
indicate a dangerous situation or a condition exceeding operating 
limitations, such as a pressure above the normal operating pressure but 
not exceeding the limitations of Sec. 195.406(b), and to recognize 
other conditions such as those in Sec. 195.402(d).
    (ii) Ability to recognize emergency conditions such as an operating 
pressure exceeding the limitations of Sec. 195.406(b) and to recognize 
emergency conditions such as those in Sec. 195.402(e) including release 
of carbon dioxide.
    (iii) Training for paragraphs (d)(4)(i) and (d)(4)(ii) of this 
section shall, where feasible, utilize simulated pipeline emergencies.
    (5) Reaction to abnormal and emergency conditions:
    (i) Ability to react appropriately to an abnormal operating 
condition or to a condition exceeding design limitations in a manner 
that restores the normal operating condition or prevents the 
development of an emergency condition.
    (ii) Ability to react appropriately to an emergency condition to 
control or mitigate the potential for personal injury, death, property 
damage, and environmental damage.
    (iii) Training for paragraphs (d)(5)(i) and (d)(5)(ii) of this 
section shall, where feasible, utilize simulated pipeline conditions.
    (6) Requirements for notifying and responding to notifications from 
one-call systems where the operator is a participating member;
    (7) Repairs of pipelines using appropriate precautions, such as 
isolation, purging, and venting;
    (8) Proper operation and maintenance of available combustible gas 
detecting equipment and locating instruments for underground pipelines; 
and
    (9) Firefighting procedures and proper use of available equipment, 
such as fire suits, breathing apparatus, water hoses, and chemical fire 
extinguishers (by utilizing, where feasible, simulated pipeline 
emergency conditions).


Sec. 195.513  Testing.

    (a) Except as provided for supervisory persons in this paragraph, 
to be qualified under this subpart, personnel must have demonstrated 
successful performance on a test of the general training elements in 
Sec. 195.511(c) and relevant specific training elements in 
Sec. 195.511(d). Testing may be performed through one or any 
combination of written, hands-on, or oral methods appropriate for the 
function tested. Supervisory persons are required to be similarly 
qualified or, under Sec. 195.805(c), are permitted to be qualified 
administratively.
    (b) Testing is not required for the refresher training under 
Sec. 195.515.


Sec. 195.515  Refresher training.

    (a) To remain qualified under this subpart personnel, within 24 
months of the date of the certification statement required under 
Sec. 195.519(b), must receive refresher training. Refresher training is 
a review of the requirements for general training and the appropriate 
requirements for specific training under Sec. 195.511.
    (b) Refresher training is required within 24-month intervals 
thereafter.


Sec. 195.517  Competency reviews.

    At intervals not exceeding 7 months, but at least twice each 
calendar year, an operator shall review the performance of any 
personnel involved in an accident (reportable or nonreportable event 
under Sec. 195.50) that resulted in an explosion, fire, unintentional 
release of liquid, personal injury or death, property damage to the 
operator or others, or damage to the environment or that is a violation 
of the operator's procedures under Sec. 195.402. Among other such 
events are abnormal operating conditions or emergency conditions set 
out Secs. 195.511(d)(3) and (d)(4). Within 2 months after a competency 
review, the operator shall:
    (a) Evaluate the effectiveness of qualification training, testing, 
and refresher training required by this subpart; and
    (b) Identify and implement appropriate revisions, if any, in the 
qualification program to improve the competency of operator personnel 
in order to reduce the likelihood of similar incidents.


Sec. 195.519  Recordkeeping.

    (a) For personnel qualified to perform covered functions, the 
operator shall prepare and maintain written or computerized records and 
dates of:
    (1) The general and specific training elements of Sec. 192.511 
which the person has satisfactorily completed;
    (2) The results of the testing required by Sec. 195.513 indicating 
the person has demonstrated successful performance; and
    (3) The refresher training required by Sec. 195.515 which the 
person has received.
    (b) Each operator shall sign and date the following certification, 
and include it among the records for each qualified person. ``I certify 
that on this date [insert name of person] is [qualified or qualified 
administratively] to perform the specified covered function(s) by the 
training and testing required under 49 CFR Part 195, Subpart G, as 
demonstrated by the accompanying record(s) prepared for that person in 
accordance with Sec. 195.519.''
    (c) The records shall be retained for at least 3 years after a 
person ceases to be employed by the operator in a capacity that 
requires qualification under this subpart.


Sec. 195.521  Compliance dates.

    Operators shall meet the following compliance dates:
    (a) Completion of the qualification training and testing schedule 
required by Sec. 195.509(b) before [6 months after date of publication 
of final rule];
    (b) Completion of the qualification training and testing required 
by Secs. 195.511 and 195.513 and recordkeeping required by Sec. 195.519 
before [24 months after date of publication of final rule];
    (c) Completion of the initial refresher training schedule required 
by Sec. 195.509(c) before [30 months after publication of final rule]. 
Thereafter, the refresher training schedule shall be updated as 
necessary for implementation of the requirements for refresher training 
under Sec. 195.515.
    (d) Completion of the initial refresher training required by 
Sec. 195.515 before [36 months after date of publication of final 
rule].
    (e) Completion of the initial competency reviews, if any are 
required under Sec. 195.517 before [12 months after date of publication 
of final rule].

    Issued in Washington, DC on July 27, 1994.
George W. Tenley, Jr.,
Associate Administrator for Pipeline Safety.
[FR Doc. 94-18864 Filed 8-2-94; 8:45 am]
BILLING CODE 4910-60-P