[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Proposed Rules]
[Pages 8231-8234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4622]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192, 193, and 195

[Docket No. PS-143]
RIN 2137-AC74


Periodic Updates to the Pipeline Safety Regulations

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

ACTION: Notice of Proposed Rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This NPRM proposes to update the references to voluntary 
specifications and standards to reflect more recently published 
editions of each document. Many referenced standards currently cited in 
the code are outdated. This NPRM would enable pipeline operators to 
utilize current technology, materials, and practices, thereby reducing 
costs and enhancing economic growth. This is consistent with the 
President's goals of regulatory reinvention and improvement of customer 
service to the American people. In addition, this NPRM proposes to 
eliminate the requirements for odorization of hydrogen transmission 
lines. The purpose of this proposal is to eliminate unnecessary 
regulatory burdens without compromising safety.

DATES: Comments to this NPRM are due on or before April 3, 1996.

ADDRESSES: Written comments regarding this NPRM should be sent to the 
RSPA dockets office, attention Verdell Simpkins, room 8421, U.S. 
Department of Transportation, 400 7th Street SW., Washington, DC. 
20590.

FOR FURTHER INFORMATION CONTACT: Eben M. Wyman, (202) 366-0918, 
regarding the subject matter of this Notice; or the Dockets Unit, (202) 
366-4453, for copies of this Notice or other material in the docket.

SUPPLEMENTARY INFORMATION:

Background

Regulatory Reinvention Initiative

    In March of 1995, President Clinton issued a memorandum to heads of 
departments and agencies calling for a review of all agency regulations 
and elimination or revision of those that are outdated or in need of 
reform. The ``Regulatory Reinvention Initiative'' (RRI) was a 
Presidential directive requiring Federal regulatory agencies, among 
other things, to conduct a page-by-page review of all agency 
regulations, cutting or revising those that were obsolete, intrusive, 
or better handled by parties other than the Federal government (i.e., 
private business, State or local government).
    RSPA has reviewed the pipeline safety regulations and is making 
changes and revisions where deemed appropriate. In addition, RSPA 
conducted three outreach meetings in 1995 in Dallas, TX, Lakewood CO, 
and Houston, TX in support of the President's goal of enhancing 
partnership with the pipeline industry. Comments received in these 
outreach meetings and in the RRI docket have resulted in the proposals 
in this NPRM.

Incorporations by Reference

    RSPA has reviewed the voluntary consensus standards currently 
referred to in the pipeline safety regulations and in its appendices, 
and proposes to update the various voluntary consensus standards that 
are cited throughout 49 CFR Parts 192, 193, and 195. The respective 
organizations responsible for producing these standards often update or 
revise them to better suit the needs of changing pipeline systems.
    Parts 192, 193, and 195 incorporate by reference all or portions of 
over 40 different documents or their equivalent containing practices, 
codes, standards, and specifications developed and published by 
technical organizations, including the American Petroleum Institute, 
American Gas Association, American Society of Mechanical Engineers, 
American Society of Civil Engineers, American Concrete Institute, 
American Society of Testing and Materials, International Conference of 
Building Officials, Manufacturers Standardization Society of the Valve 
and Fittings Industry, and National Fire Protection Agency. Many of the 
editions currently referenced are now out of print or obsolete. Later 
published editions of these documents utilize or focus on up-to-date 
technology. Pipeline operators could be unnecessarily burdened with 
design and construction requirements that are referred to in earlier 
editions.
    To avoid these burdens and allow operators to benefit from various 
technological improvements in materials and methods, this NPRM proposes 
to update references to these outdated documents where the latest 
editions have been reviewed and accepted by OPS. The later editions 
referenced are set forth by name and date in the proposed amendments to 
appendices A and B of Part 192, appendix A of Part 193, and Part 195 
(Sec. 195.3). The order and appearance in the CFR of the consensus 
standards would remain unchanged. Only the year representing the 
edition of the document would be revised. In addition to the proposed 
incorporating of current standards, some minor conforming amendments 
are also proposed.
    The address for the American Society for Testing and Materials 
(ASTM) has changed. The correct address is: 100 Barr Harbor Drive, 
Conshohocken, PA, 19428. Parts 192 and 195 will be amended to reflect 
this change.
    Section 192.63(a)(1) would be revised to refer to the 1995 edition 
of ASTM D 2513, replacing the 1987 edition.
    Section 192.189(c) would be amended by correcting the reference to 
the National Electric Code. The ``C1'' nomenclature identifies the 
electrical code committee within the American National Standards 
Institute (ANSI), but is in no way related to identifying the code 
itself. The correct reference is ``ANSI/NFPA 70'', and would be so 
amended under the proposed rulemaking.

Requirement to Odorize Hydrogen Transmission Pipelines

    In support of the President's goal to eliminate obsolete and 
unnecessary regulations, RSPA proposes to amend 49 CFR 192.625 to 
eliminate the odorization requirement for hydrogen transmission lines 
in cases where the odorization interferes with industrial end uses. 
Hydrogen pipelines that were operating without an odorant before May 5, 
1975, are already exempt from the odorization requirement. 

[[Page 8232]]

    The requirement to odorize hydrogen in new and existing hydrogen 
transmission lines that do not fall under this ``grandfather clause'' 
may impose unreasonable costs on industry without any quantifiable 
safety benefit. This is because odorization renders hydrogen, which is 
primarily an industrial process feedstock, unfit for its uses without 
expensive deodorization. RSPA recognized that problems with the 
odorization requirements could be expected to occur after the 
``grandfather'' date, but stated that it ``* * * prefers to address 
these problems on an individual basis in the waiver process.'' 40 FR 
20279 at 20,280-281 (May 9, 1971).
    There appears to be no advantage to continuing to use a waiver 
procedure. The potential advantages of odorization for hydrogen 
pipelines appear to be negligible, while the costs to industry for 
removal of the odorant may be unreasonably large. Also, the magnitude 
of any hazard from hydrogen pipeline leaks appear to be small. Hydrogen 
is not only much less dense than air, and thus tends to dissipate 
rapidly, but also has relatively low energy content for a given volume 
compared to natural gas. In addition, it appears that the ignition 
energy of hydrogen is so low that even static electricity can ignite 
the gas, making a build-up of gas unlikely. In addition, hydrogen is 
not generally used as a fuel, but rather as an industrial feedstock. 
Odorization renders hydrogen unfit for most of its industrial uses. 
Odorant can poison or reduce the reactivity of catalysts, make the end 
product unfit for the purpose for which it is intended, or reduce the 
percentage completion of a chemical reaction. This means that the 
odorant needs to be removed, an expensive process, prior to its use in 
manufacture.
    The proposed language adds a paragraph to Section 192.625 to except 
from odorization requirements transmission lines if the gas is intended 
for an industrial plant using hydrogen in a manufacturing process.

Rulemaking Analyses

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, was 
not subject to review by the Office of Management and Budget (OMB). The 
notice is also not considered significant under the Regulatory Policies 
and Procedures of the Department of Transportation (44 FR 11034).

Executive Order 12612

    The proposed rule has been analyzed with the principles and 
criteria in Executive Order 12612 (``Federalism''), and does not have 
sufficient federalism impacts to warrant the preparation of a 
federalism assessment.

Regulatory Flexibility Act

    Based on the facts available, I certify that this proposal will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities. This certification is subject to 
modification as a result of a review of comments received in response 
to this proposal.

Paperwork Reduction Act

    The cumulative effect of the proposals in this NPRM will be no 
change in the current information collection burden requirements for 
gas, hazardous liquid, and carbon dioxide pipeline operators.

List of Subjects

49 CFR Part 192

    Incorporation by reference, Natural gas, Pipeline safety.

49 CFR Part 193

    Incorporation by reference, Liquefied natural gas (LNG), Pipeline 
safety.

49 CFR Part 195

    Anhydrous ammonia, Carbon dioxide, Incorporation by reference, 
Petroleum, Pipeline safety.

    In consideration of the foregoing, RSPA proposes to amend 49 CFR 
parts 192, 193, and 195 as follows:

PART 192--[AMENDED]

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

    Authority: 49 U.S.C. 60101 et seq.; 49 CFR 1.53.

    2. Paragraph (a)(1) of Sec. 192.63 would be revised to read as 
follows:


Sec. 192.63  Marking of materials.

    (a) * * *
    (1) As prescribed in the specification or standard to which it was 
manufactured, except that thermoplastic fitting must be marked in 
accordance with the 1995 edition of ASTM D 2513; or
* * * * *
    3. Paragraph (c) of Sec. 192.189 would be revised to read as 
follows:


Sec. 192.189  Vaults: Drainage and waterproofing.

* * * * *
    (c) Electrical equipment in vaults must conform to the applicable 
requirements of Class 1, Group D, of the National Electric Code, ANSI/
NFPA 70.
    4. Section 192.625 would be amended by revising paragraphs 
(b)(2)(iv)(C) and (b)(3) and by adding paragraph (b)(4) to read as 
follows:


Sec. 192.625  Odorization of gas.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *
    (C) Reduces the percentage completion of a chemical reaction;
    (3) In the case of a lateral line which transports gas to a 
distribution center, at least 50 percent of the length of that line is 
in a Class 1 or Class 2 location; or
    (4) The combustible gas is hydrogen intended for use as a feedstock 
in a manufacturing process.
* * * * *
    5. Appendix A of part 192 would be amended by revising paragraphs 
I. D, II. A 1, 3, and 4, II. B, II. C 3-6, and II. E to read as 
follows:

Appendix A to Part 192--Incorporated by Reference

I. List of Organizations and Addresses

* * * * *
    D. American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, Conshohocken, PA 19428.
* * * * *

II. Documents Incorporated by Reference. (Numbers in Parentheses 
Indicate Applicable Editions.)

    A. * * *
    1. API Specification 5L ``Specification for Line Pipe (41st 
edition, 1995).
* * * * *
    3. API Specification 6D ``Specification for Pipeline Valves 
(Gate, Plug, Ball, and Check Valves)'' (21st edition, 1994).
    4. API Standard 1104 ``Welding of Pipelines and Related 
Facilities'' (18th edition, 1994).
    B. American Society for Testing and Materials (ASTM):
    1. ASTM Designation: A53 ``Standard Specification for Pipe, 
Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless'' (A53-
94).
    2. ASTM Designation A106 ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service'' (A106-94).
    3. ASTM Designation: A333/A333M ``Standard Specification for 
Seamless and Welded Steel Pipe for Low-Temperature Service'' (A333/
A333M-94).
    4. ASTM Designation: A372/A372M ``Standard Specification for 
Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels'' 
(A372/A372M-95).
    5. ASTM Designation: A381 ``Standard Specification for Metal-
Arc-Welded Steel Pipe for Use With High-Pressure Transmission 
Systems'' (A 381-93).
    6. ASTM Designation: A671 ``Standard Specification for Electric-
Fusion-Welded 

[[Page 8233]]
Steel Pipe for Atmospheric and Lower Temperatures'' (A 671-94).
    7. ASTM Designation: A672 ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate 
Temperatures'' (A672-94).
    8. ASTM Designation A691 ``Standard Specification for Carbon and 
Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service 
at High Temperatures'' (A691-93).
    9. ASTM Designation D638 ``Standard Test Method for Tensile 
Properties of Plastics'' (D638-94b).
    10. ASTM Designation D2513 ``Standard Specification for 
Thermoplastic Gas Pressure Pipe, Tubing and Fittings'' (D2513-95a).
    11. ASTM Designation D2517 ``Standard Specification for 
Reinforced Epoxy Resin Gas Pressure Pipe and Fittings'' (D2517-94).
    C. * * *
    3. ASME Boiler and Pressure Vessel Code, Section I ``Power 
Boilers'' (1995 edition with addenda).
    4. ASME Boiler and Pressure Vessel Code, Section VIII, Division 
1 ``Pressure Vessels'' (1995 edition with addenda).
    5. ASME Boiler and Pressure Vessel Code, Section VIII, Division 
2 ``Pressure Vessels: Alternative Rules'' (1995 edition with 
addenda).
    6. ASME Boiler and Pressure Vessel Code, Section IX ``Welding 
and Brazing Qualifications'' (1995 edition with addenda).
* * * * *
    E. National Fire Protection Association (NFPA):
    1. ANSI/NFPA 30 ``Flammable and Combustible Liquids Code'' 
(1995).
    2. ANSI/NFPA 58 ``Standard for the Storage and Handling of 
Liquefied Petroleum Gases'' (1995).
    3. ANSI/NFPA 59 ``Standard for the Storage and Handling of 
Liquefied Petroleum Gases at Utility Gas Plants'' (1995).
    4. ANSI/NFPA 70 ``National Electrical Code'' (1996).

PART 193--[AMENDED]

    1. The authority citation for part 193 continues to read as 
follows:

    Authority: 49 U.S.C. 60101 et seq.; 49 CFR 1.53.

    2. Appendix A to part 193 would be amended by revising paragraphs 
II. C, II D .1 and 3, II. E, II. F, and II. G, to read as follows:

Appendix A to Part 193--Incorporation by Reference

* * * * *

II. Documents Incorporated by Reference. (Numbers in Parentheses 
Indicate Applicable Editions.)

* * * * *
    C. American Society of Civil Engineers (ASCE):
    1. ASCE 7-88 ``Minimum Design Loads for Buildings and Other 
Structures'' (1995)
    D. * * *
    1. API Specification 6D ``Specification for Pipeline Valves 
(Gate, Plug, Ball, and Check Valves)'' (21st edition, 1994).
 * * * * *
    3. API Standard 1104 ``Welding of Pipelines and Related 
Facilities'' (18th edition, 1994).
    E. American Society of Mechanical Engineers (ASME):
    1. ASME/ANSI B31.3 ``Chemical Plant and Petroleum Refinery 
Piping'' (1993).
    2. ASME/ANSI B31.5 ``Refrigeration Piping'' (1992).
    3. ASME/ANSI B31.8 ``Gas Transmission and Distribution Piping 
Systems'' (1995).
    4. ASME Boiler and Pressure Vessel Code, Section I ``Power 
Boilers'' (1995 edition with Addenda).
    5. ASME Boiler and Pressure Vessel Code, Section IV, ``Heating 
Boilers'' (1995 edition with Addenda).
    6. ASME Boiler and Pressure Vessel Code, Section VIII, Division 
1 ``Pressure Vessels'' (1995 edition with Addenda).
    7. ASME Boiler and Pressure Vessel Code, Section VIII, Division 
2, ``Pressure Vessels: Alternative Rules'' (1995 edition with 
Addenda).
    8. ASME Boiler and Pressure Vessel Code, Section IX, ``Welding 
and Brazing Qualifications'' (1995 edition with Addenda).
    F. International Conference of Building Officials (ICBU):
    1. ``Uniform Building Code'' (UBC) (1994).
    G. National Fire Protection Association (NFPA):
    1. ANSI/NFPA 30 ``Flammable and Combustible Liquids Code'' 
(1993)
    2. ANSI/NFPA 37 ``Standard for the Installation and Use of 
Stationary Combustion Engines and Gas Turbines'' (1994).
    3. ANSI/NFPA 51B ``Standard for Fire Prevention in Use of 
Cutting and Welding Processes'' (1994).
    4. ANSI/NFPA 59A ``Standard for the Production, Storage, and 
Handling of Liquefied Natural Gas (LNG)'' (1994).
    5. ANSI/NFPA 70 ``National Electrical Code'' (1996).

PART 195--[AMENDED]

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

    Authority: 49 U.S.C. 60101 et seq.; 49 CFR 1.53.

    2. Section 195.3 would be amended by revising paragraph (b)(6) and 
paragraphs (c) (2)-(5) to read as follows:


Sec. 195.3  Matter incorporated by reference.

* * * * *
    (b) * * *
    (6) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, Conshohocken, PA 19428.
    (c) * * *
    (2) American Petroleum Institute (API):
    (i) API Specification 5L ``Specification for Line Pipe'' (41st 
edition, 1995).
    (ii) API Specification 6D ``Specification for Pipeline Valves 
(Gate, Plug, Ball, and Check Valves)'' (21st Edition, 1994).
    (iii) API Specification 1104 ``Welding of Pipelines and Related 
Facilities'' (18th edition, 1994).
    (3) American Society of Mechanical Engineers (ASME):
    (i) ASME/ANSI B16.9 ``Factory-Made Wrought Steel Buttwelding 
Fittings'' (1993).
    (ii) ASME/ANSI B31.4 ``Liquid Transportation Systems for 
Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols'' 
(1992 edition with 1994 addenda).
    (iii) ASME/ANSI B31.8 ``Gas Transmission and Distribution Piping 
Systems'' (1995)
    (iv) ASME/ANSI B31G ``Manual for Determining the Remaining Strength 
of Corroded Pipelines'' (1991).
    (v) Boiler and Pressure Vessel Code, Section VIII, Division 1 
``Pressure Vessels'' (1995 with Addenda).
    (vi) ASME Boiler and Pressure Vessel Code, Section IX ``Welding and 
Brazing Qualifications'' (1995 with Addenda).
    (4) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS):
    (i) MSS SP-75 ``Specification for High Test Wrought Butt Welding 
Fittings'' (1993).
    (ii) [Reserved]
    (5) American Society for Testing and Materials (ASTM):
    (i) ASTM Designation: A 53 ``Standard specification for Pipe, 
Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless'' (A 53-
94).
    (ii) ASTM Designation: A 106 ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service'' (A 106-94).
    (iii) ASTM Designation: A 333/A 333M ``Standard Specification for 
Seamless and Welded Steel Pipe for Low-Temperature Service''(A 333/A 
333M-94).
    (iv) ASTM Designation: A 381 ``Standard Specification for Metal-
Arc-Welded Steel Pipe for Use With High-Pressure Transmission Systems'' 
(A 381-93).
    (v) ASTM Designation: A 671 ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures'' (A 
671-94).
    (vi) ASTM Designation: A 672 ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate 
Temperatures'' (A 672-94).
    (vii) ASTM Designation: A 691 ``Standard Specification for Carbon 
and Alloy Steel Pipe Electric-Fusion-Welded for High-Pressure Service 
at High Temperatures'' (A 691-93).


[[Page 8234]]

    Issued in Washington, DC on February 23, 1996.
Richard B. Felder,
Associate Administrator for Pipeline Safety.
[FR Doc. 96-4622 Filed 3-1-96; 8:45 am]
BILLING CODE 4910-60-P