[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Rules and Regulations]
[Pages 18512-18519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10282]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 190, 191, 192, 193, 195, 198, and 199
[Docket No. PS 145; Amdt Nos. 190-6; 191-10; 192-74; 193-10; 195-55;
198-2; 199-13]
RIN 2137-AC79
Pipeline Safety Program Procedures; Update and Corrections
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; correcting amendments.
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SUMMARY: In response to the President's Regulatory Reinvention
Initiative, this rulemaking updates and corrects pipeline safety
program procedures by amending nomenclature, addresses, amendment
summaries, typographical errors, and penalty amounts. These editorial
amendments impose no new procedural requirements.
EFFECTIVE DATE: April 26, 1996.
FOR FURTHER INFORMATION CONTACT: L.E. Herrick at 202-366-5523 or online
at [email protected].
SUPPLEMENTARY INFORMATION:
Background
In a memorandum dated March 4, 1995, the President provided
direction to the heads of Departments and Agencies on carrying out his
regulatory reform initiative for reinventing the government. As part of
this initiative, RSPA reviewed existing pipeline safety regulations and
identified those that are outdated or in need of reform. RSPA also
conducted public outreach meetings to discuss the pipeline safety
program. A theme of this process and an issue often raised during the
course of the outreach meetings and other recent public contacts is the
need to keep existing regulation updated. As a result, RSPA reviewed
its pipeline safety program procedures, 49 CFR parts 190-199 and
identified numerous instances in which these regulations were not up to
date. These discrepancies include titles, addresses, amendment
summaries, typographical errors and statutory citations. For example,
references to the Natural Gas Pipeline Safety Act and the Hazardous
Liquid Pipeline Safety Act have been deleted and replaced with
references to Public Law 103-272. Enacted on July 5, 1994, Public Law
103-272 revised, codified, and enacted the provisions of those Acts
without substantive change as Chapter 601 of Title 49, United States
Code. This amendment makes those corrections.
In addition, unnecessary gender specific terms have been changed to
gender neutral terms and other minor corrections have been made. Since
these amendments do not impose new requirements, notice and public
procedure are unnecessary.
Rulemaking Analysis and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final 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. This rule is
not significant according to the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034). This final rule does
not require a Regulatory Impact Analysis, or a regulatory evaluation or
an environmental assessment or impact statement under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.).
Executive Order 12612
This final rule has been analyzed in accordance 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
I certify that this rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
corrections which will not impose any new requirements on persons
subject to the Pipeline Safety Regulations; thus, there are no direct
or indirect adverse economic impacts for small units of government,
businesses, or other organizations.
Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
Lists of Subjects
49 CFR Part 190
Administrative practice and procedure, Penalties, Pipeline safety.
49 CFR Part 191
Pipeline safety, Reporting and recordkeeping requirements.
49 CFR Part 192
Pipeline safety, Reporting and recordkeeping requirements.
49 CFR Part 193
Fire prevention, Pipeline safety, Reporting and recordkeeping
requirements, Security measures.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety,
Reporting and recordkeeping requirements.
49 CFR Part 198
Grant programs, Formula, Pipeline safety.
49 CFR Part 199
Alcohol testing, Drug testing, Pipeline safety, Reporting and
recordkeeping requirements.
Accordingly, 49 CFR parts 190, 191, 192, 193, 195, 198, and 199 are
corrected by making the following amendments:
PART 190--[AMENDED]
1. The authority citation for part 190 is revised to read as
follows:
Authority: 49 U.S.C. 5123, 60108, 60112, 60117, 60118, 60120,
60122, and 60123; and 49 CFR 1.53.
2. Section 190.1 is amended by revising paragraph (a) to read as
follows:
Sec. 190.1 Purpose and scope.
(a) This part prescribes procedures used by the Research and
Special Programs Administration in carrying out duties regarding
pipeline safety under 49 U.S.C. 60101 et seq. (the pipeline safety
laws) and 49 U.S.C. 5101 et seq. (the hazardous material transportation
laws).
* * * * *
3. Section 190.3 is revised to read as follows:
[[Page 18513]]
Sec. 190.3 Definitions.
As used in this part:
Hearing means an informal conference or a proceeding for oral
presentation. Unless otherwise specifically prescribed in this part,
the use of ``hearing'' is not intended to require a hearing on the
record in accordance with section 554 of title 5, U.S.C.
OPS means the Office of Pipeline Safety, which is part of the
Research and Special Programs Administration, U.S. Department of
Transportation.
Person means any individual, firm, joint venture, partnership,
corporation, association, State, municipality, cooperative association,
or joint stock association, and includes any trustee, receiver,
assignee, or personal representative thereof.
Presiding Official means the person who conducts any hearing
relating to civil penalty assessments, compliance orders or hazardous
facility orders.
Regional Director means the head of any one of the Regional Offices
of the Office of Pipeline Safety, or a designee appointed by the
Regional Director. Regional Offices are located in Washington, DC
(Eastern Region); Atlanta, Georgia (Southern Region); Kansas City,
Missouri (Central Region); Houston, Texas (Southwest Region); and
Lakewood, Colorado (Western Region).
Respondent means a person upon whom the OPS has served a notice of
probable violation.
RSPA means the Research and Special Programs Administration of the
United States Department of Transportation.
State means a State of the United States, the District of Columbia
and the Commonwealth of Puerto Rico.
4. Section 190.7 is amended by revising paragraphs (d) and (i),
introductory text, to read as follows:
Sec. 190.7 Subpoenas; witness fees.
* * * * *
(d) Service of a subpoena upon the person named therein shall be
made by delivering a copy of the subpoena to such person and by
tendering the fees for one day's attendance and mileage as specified by
paragraph (g) of this section. When a subpoena is issued at the
instance of any officer or agency of the United States, fees and
mileage need not be tendered at the time of service. Delivery of a copy
of a subpoena and tender of the fees to a natural person may be made by
handing them to the person, leaving them at the person's office with
the person in charge thereof, leaving them at the person's dwelling
place or usual place of abode with some person of suitable age and
discretion then residing therein, by mailing them by registered or
certified mail to the person at the last known address, or by any
method whereby actual notice is given to the person and the fees are
made available prior to the return date.
* * * * *
(i) Any person to whom a subpoena is directed may, prior to the
time specified therein for compliance, but in no event more than 10
days after the date of service of such subpoena, apply to the official
who issued the subpoena, or if the person is unavailable, to the
Administrator, RSPA to quash or modify the subpoena. The application
shall contain a brief statement of the reasons relied upon in support
of the action sought therein. The Administrator, RSPA, or this issuing
official, as the case may be, may:
* * * * *
5. Section 190.9 is amended by revising paragraph (b)(1)(i) to read
as follows:
Sec. 190.9 Petitions for finding or approval.
* * * * *
(b) * * *
(1) * * *
(i) The State agency certified to participate under 49 U.S.C.
60105.
* * * * *
6. Section 190.201 is amended by revising paragraph (a) to read as
follows:
Sec. 190.201 Purpose and scope.
(a) This subpart describes the enforcement authority and sanctions
exercised by the Associate Administrator, OPS for achieving and
maintaining pipeline safety. It also prescribes the procedures
governing the exercise of that authority and the imposition of those
sanctions.
* * * * *
7. Section 190.203 is amended by revising paragraphs (a), (b)(1),
(b)(4), and (d) to read as follows:
Sec. 190.203 Inspections.
(a) Officers, employees, or agents authorized by the Associate
Administrator, OPS upon presenting appropriate credentials, are
authorized to enter upon, inspect, and examine, at reasonable times and
in a reasonable manner, the records and properties of persons to the
extent such records and properties are relevant to determining the
compliance of such persons with the requirements of 49 U.S.C. 60101 et
seq. or regulations, or orders issued thereunder.
(b) * * *
(1) Routine scheduling by the Regional Director of the Region in
which the facility is located;
* * * * *
(4) Report from a State Agency participating in the Federal Program
under 49 U.S.C. 60105;
* * * * *
(d) To the extent necessary to carry out the responsibilities under
49 U.S.C. 60101 et seq., the Administrator, RSPA or the Associate
Administrator, OPS may require testing of portions of pipeline
facilities that have been involved in, or affected by, an accident.
However, before exercising this authority, the Administrator, RSPA or
the Associate Administrator, OPS shall make every effort to negotiate a
mutually acceptable plan with the owner of those facilities and, where
appropriate, the National Transportation Safety Board for performing
the testing.
* * * * *
8. Section 190.205 is revised to read as follows:
Sec. 190.205 Warning letters.
Upon determining that a probable violation of 49 U.S.C. 60101 et
seq. or any regulation or order issued thereunder has occurred, the
Associate Administrator, OPS may issue a Warning Letter notifying the
owner or operator of the probable violation and advising the operator
to correct it or be subject to enforcement action under Secs. 190.207
through 190.235.
9. Section 190.207 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 190.207 Notice of probable violation.
(a) Except as otherwise provided by this subpart, a Regional
Director begins an enforcement proceeding by serving a notice of
probable violation on a person charging that person with a probable
violation of 49 U.S.C. 60101 et seq. or any regulation or order issued
thereunder.
* * * * *
(c) The Associate Administrator, OPS may amend a notice of probable
violation at any time prior to issuance of a final order under
Sec. 190.213. If an amendment includes any new material allegations of
fact or proposes an increased civil penalty amount or new or additional
remedial action under Sec. 190.217, the respondent shall have the
opportunity to respond under Sec. 190.209.
10. Section 190.209 is amended by revising the introductory text
and paragraphs (c) and (d) to read as follows:
Sec. 190.209 Response options.
Within 30 days of receipt of a notice of probable violation the
respondent shall respond to the Regional Director who issued the notice
in the following way:
* * * * *
[[Page 18514]]
(c) An offer in compromise under paragraph (a) of this section is
made by submitting a check or money order for the amount offered to the
Regional Director who forwards the offer to the Associate
Administrator, OPS for action. If the offer in compromise is accepted
by the Associate Administrator, OPS the respondent is notified in
writing that the acceptance is in full settlement of the civil penalty
action. If an offer in compromise submitted under paragraph (a) of this
section is rejected by the Associate Administrator, OPS it is returned
to the respondent with written notification. Within 10 days of receipt
of such notification, the respondent shall again respond to the
Regional Director in one or more of the ways provided in paragraph (a)
of this section.
(d) Failure of the respondent to respond in accordance with
paragraph (a) of this section or, when applicable, paragraph (c) of
this section, constitutes a waiver of the right to contest the
allegations in the notice of probable violation and authorizes the
Associate Administrator, OPS, without further notice to the respondent,
to find facts to be as alleged in the notice of probable violation and
to issue a final order under Sec. 190.213.
11. Section 190.211 is amended by revising paragraphs (a), (b),
(d), and (j) to read as follows:
Sec. 190.211 Hearing.
(a) A request for a hearing provided for in this part must be
accompanied by a statement of the issues that the respondent intends to
raise at the hearing. The issues may relate to the allegations in the
notice, the proposed corrective action (including a proposed amendment,
a proposed compliance order, or a proposed hazardous facility order),
or the proposed civil penalty amount. A respondent's failure to specify
an issue may result in waiver of the respondent's right to raise that
issue at the hearing. The respondent's request must also indicate
whether or not the respondent will be represented by counsel at the
hearing.
(b) In such circumstances as deemed appropriate by the Regional
Director, and only if the respondent concurs, a telephone conference
may be held in lieu of a hearing.
* * * * *
(d) The hearing is conducted informally without strict adherence to
rules of evidence. The respondent may submit any relevant information
and material and call witnesses on the respondent's behalf. The
respondent may also examine the evidence and witnesses presented by the
government. No detailed record of a hearing is prepared.
* * * * *
(j) After submission of all materials during and after the hearing,
the presiding official shall prepare a written recommendation as to
final action in the case. This recommendation, along with any material
submitted during and after the hearing, shall be included in the case
file which is forwarded to the Associate Administrator, OPS for final
administrative action.
12. Section 190.213 is amended by revising paragraph (a), (b)(4),
(c), introductory text, and (e) to read as follows:
Sec. 190.213 Final order.
(a) After a hearing under Sec. 190.211 or, if no hearing has been
held, after expiration of the 30 day response period prescribed in
Sec. 190.209, the case file of an enforcement proceeding commenced
under Sec. 190.207 is forwarded to the Associate Administrator, OPS for
issuance of a final order.
(b) * * *
(4) The Regional Director's evaluation of response material
submitted by the respondent and recommendation for final action to be
taken under this section; and
* * * * *
(c) Based on a review of a case file described in paragraph (b) of
this section, the Associate Administrator, OPS shall issue a final
order that includes--
* * * * *
(e) It is the policy of the Associate Administrator, OPS to issue a
final order under this section within 45 days of receipt of the case
file, unless it is found impracticable to take action within that time.
In cases where it is so found and the delay beyond that period is
expected to be substantial, notice of that fact and the date by which
it is expected that action will be taken is issued to the respondent.
13. Sections 190.215 is revised to read as follows:
Sec. 190.215 Petitions for reconsideration.
(a) A respondent may petition the Associate Administrator, OPS for
reconsideration of a final order issued under Sec. 190.213. It is
requested, but not required, that three copies be submitted. The
petition must be received no later than 20 days after service of the
final order upon the respondent. Petitions received after that time
will not be considered. The petition must contain a brief statement of
the complaint and an explanation as to why the effectiveness of the
final order should be stayed.
(b) If the respondent requests the consideration of additional
facts or arguments, the respondent must submit the reasons they were
not presented prior to issuance of the final order.
(c) The Associate Administrator, OPS does not consider repetitious
information, arguments, or petitions.
(d) Unless the Associate Administrator, OPS otherwise provides, the
filing of a petition under this section does not stay the effectiveness
of the final order.
(e) The Associate Administrator, OPS may grant or deny, in whole or
in part, any petition for reconsideration without further proceedings.
In the event the Associate Administrator, OPS reconsiders a final
order, a final decision on reconsideration may be issued without
further proceedings, or, in the alternative, additional information,
data, and comment may be requested by the Associate Administrator, OPS
as deemed appropriate.
(f) It is the policy of the Associate Administrator, OPS to issue
notice of the action taken on a petition for reconsideration within 20
days after receipt of the petition, unless it is found impracticable to
take action within that time. In cases where it is so found and delay
beyond that period is expected to be substantial, notice of that fact
and the date by which it is expected that action will be taken is
issued to the respondent.
14. Section 190.217 is revised to read as follows:
Sec. 190.217 Compliance orders generally.
When the Associate Administrator, OPS has reason to believe that a
person is engaging in conduct which involves a violation of the 49
U.S.C. 60101 et seq. or any regulation issued thereunder, and if the
nature of the violation, and the public interest warrant, the Associate
Administrator, OPS may conduct proceedings under Secs. 190.207 through
190.213 of this part to determine the nature and extent of the
violations and to issue an order directing compliance.
15. Section 190.219 is amended by revising paragraph (a) to read as
follows:
Sec. 190.219 Consent order.
(a) At any time before the issuance of a compliance order under
Sec. 190.213 the Associate Administrator, OPS and the respondent may
agree to dispose of the case by joint execution of a consent order.
Upon such joint execution, the consent order shall be considered a
final order under Sec. 190.213.
* * * * *
16. Section 190.221 is revised to read as follows:
[[Page 18515]]
Sec. 190.221 Civil penalties generally.
When the Associate Administrator, OPS has reason to believe that a
person has committed an act which is a violation of any provision of
the 49 U.S.C. 60101 et seq. or any regulation or order issued
thereunder, proceedings under Secs. 190.207 through 190.213 may be
conducted to determine the nature and extent of the violations and to
assess and, if appropriate, compromise a civil penalty.
16a. Section 190.223 is amended by revising paragraphs (a), (b),
and (c) to read as follows:
Sec. 190.223 Maximum penalties.
(a) Any person who is determined to have violated a provision of 49
U.S.C. 60101 et seq. or any regulation or order issued thereunder, is
subject to a civil penalty not to exceed $10,000 for each violation for
each day the violation continues except that the maximum civil penalty
may not exceed $500,000 for any related series of violations.
(b) Any person who knowingly violates a regulation or order under
this subchapter applicable to offshore gas gathering lines issued under
the authority of 49 U.S.C. 5101 et seq is liable for a civil penalty of
not more than $25,000 for each violation, and if any such violation is
a continuing one, each day of violation constitutes a separate offense.
(c) Any person who is determined to have violated any standard or
order under under 49 U.S.C. 60103 shall be subject to a civil penalty
of not to exceed $50,000, which penalty shall be in addition to any
other penalties to which such person may be subject under paragraph (a)
of this section.
* * * * *
17. Section 190.225, the introductory text, is revised to read as
follows:
Sec. 190.225 Assessment considerations.
The Associate Administrator, OPS assesses a civil penalty under
this part only after considering:
* * * * *
18. Section 190.227 is amended by revising paragraphs (c) and (d)
to read as follows:
Sec. 190.227 Payment of penalty.
* * * * *
(c) Within 20 days after the respondent's receipt of a final order
assessing a civil penalty issued under Sec. 190.213, the respondent may
offer to compromise the assessed penalty by submitting, in the manner
required by paragraph (a) of this section, payment in the amount
offered. The Chief Counsel or designee may accept or reject the
compromise offer on behalf of the Associate Administrator, OPS. If it
is accepted, the respondent is notified in writing that the acceptance
is in full settlement of the civil penalty action. If the compromise
offer is rejected it will be returned to the respondent with written
notification. Within 20 days after the respondent's receipt of such
notification, payment of the full amount of the civil penalty assessed
in the final order becomes due. The provisions of paragraph (b) of this
section regarding district court or Federal magistrate court action for
penalty collection apply upon failure of the respondent to pay the
assessed penalty within that time period.
(d) If the respondent elects to make an offer in compromise to a
civil penalty proposed in a notice of probable violation issued under
Sec. 190.207, the respondent shall do so in accord with the procedures
of Sec. 190.209.
19. Section 190.229 is amended by revising paragraphs (a) through
(d) to read as follows:
Sec. 190.229 Criminal penalties generally.
(a) Any person who willfully and knowingly violates a provision of
49 U.S.C. 60101 et seq. or any regulation or order issued thereunder
shall upon conviction be subject for each offense to a fine of not more
than $25,000 and imprisonment for not more than five years, or both.
(b) Any person who willfully violates a regulation or order under
this subchapter issued under the authority of 49 U.S.C. 5101 et seq. as
applied to offshore gas gathering lines shall upon conviction be
subject for each offense to a fine of not more than $25,000,
imprisonment for a term not to exceed 5 years, or both.
(c) Any person who willfully and knowingly injures or destroys, or
attempts to injure or destroy, any interstate transmission facility or
any interstate pipeline facility (as those terms are defined in 49
U.S.C. 60101 et seq.) shall, upon conviction, be subject for each
offense to a fine of not more than $25,000, imprisonment for a term not
to exceed 15 years, or both.
(d) Any person who willfully and knowingly defaces, damages,
removes, destroys any pipeline sign, right-of-way marker, or marine
buoy required by 49 U.S.C. 60101 et seq. or 49 U.S.C. 5101 et seq., or
any regulation or order issued thereunder shall, upon conviction, be
subject for each offense to a fine of not more than $5,000,
imprisonment for a term not to exceed 1 year, or both.
* * * * *
20. Section 190.231 is revised to read as follows:
Sec. 190.231 Referral for prosecution.
If an employee of the Research and Special Programs Administration
becomes aware of any actual or possible activity subject to criminal
penalties under Sec. 190.229, the employee reports it to the Office of
the Chief Counsel, Research and Special Programs Administration, U.S.
Department of Transportation, Washington, DC 20590. The Chief Counsel
refers the report to OPS for investigation. Upon completion of the
investigation and if appropriate, the Chief Counsel refers the report
to the Department of Justice for criminal prosecution of the offender.
21. Section 190.233 is amended by revising paragraphs (a), (b),
(c)(2), (c)(4), (d), (e) introductory text, (e)(5), (g) and (h) to read
as follows:
Sec. 190.233 Hazardous facility orders.
(a) Except as provided by paragraph (b) of this section, if the
Associate Administrator, OPS finds, after reasonable notice and
opportunity for hearing in accord with paragraph (c) of this section,
and Sec. 190.211(a), a particular pipeline facility to be hazardous to
life or property, the Associate Administrator, OPS shall issue an order
pursuant to this section requiring the owner or operator of the
facility to take corrective action. Corrective action may include
suspended or restricted use of the facility, physical inspection,
testing, repair, replacement, or other action, as appropriate.
(b) The Associate Administrator, OPS may waive the requirement for
notice and hearing under paragraph (a) of this section before issuing
an order pursuant to this section when the Associate Administrator, OPS
determines that the failure to do so would result in the likelihood of
serious harm to life or property. However, the Associate Administrator,
OPS shall include in the order an opportunity for hearing as soon as
practicable after issuance of the order. The provisions of paragraph
(c)(2) of this section apply to an owner or operator's decision to
exercise such an opportunity for hearing. The purpose of such a post-
order hearing is for the Associate Administrator, OPS to determine
whether the order should remain in effect or be rescinded or suspended
in accord with paragraph (g) of this section.
(c) * * *
(2) An owner or operator elects to exercise his opportunity for a
hearing under this section, by notifying the Associate Administrator,
OPS of that election in writing within 10 days of service of the notice
provided under paragraph (c)(1) of this section or, under
[[Page 18516]]
paragraph (b) of this section when applicable. Absence of such written
notification waives an owner or operator's opportunity for a hearing
and allows the Associate Administrator, OPS to proceed to issue a
``hazardous facility order'' in accordance with paragraphs (d) through
(h) of this section.
* * * * *
(4) Within 48 hours after conclusion of a hearing under this
section, the Presiding Official shall submit a recommendation to the
Associate Administrator, OPS as to whether or not a ``hazardous
facility order'' is required. Upon receipt of the recommendation, the
Associate Administrator, OPS shall proceed in accordance with
paragraphs (d) through (h) of this section. If the Associate
Administrator, OPS finds the facility to be hazardous to life or
property the Associate Administrator, OPS shall issue an order in
accordance with this section. If the Associate Administrator, OPS does
not find the facility to be hazardous to life or property, the
Associate Administrator, OPS shall dismiss the allegations contained in
the notice, and promptly notify the owner or operator in writing by
service as prescribed in Sec. 190.5.
(d) The Associate Administrator, OPS may find a pipeline facility
to be hazardous under paragraph (a) of this section:
(1) If under the facts and circumstances the Associate
Administrator, OPS determines the particular facility is hazardous to
life or property; or
(2) If the pipeline facility or a component thereof has been
constructed or operated with any equipment, material, or technique
which the Associate Administrator, OPS determines is hazardous to life
or property, unless the operator involved demonstrates to the
satisfaction of the Associate Administrator, OPS that, under the
particular facts and circumstances involved, such equipment, material,
or technique is not hazardous to life or property.
(e) In making a determination under paragraph (d) of this section,
the Associate Administrator, OPS shall consider, if relevant:
* * * * *
(5) Such other factors as the Associate Administrator, OPS may
consider appropriate.
* * * * *
(g) The Associate Administrator, OPS shall rescind or suspend a
hazardous facility order whenever the Associate Administrator, OPS
determines that the facility is no longer hazardous to life or
property. When appropriate, however, such a rescission or suspension
may be accompanied by a notice of probable violation issued under
Sec. 190.207.
(h) At any time after an order issued under this section has become
effective, the Associate Administrator, OPS may request the Attorney
General to bring an action for appropriate relief in accordance with
Sec. 190.235.
* * * * *
22. Section 190.235 is revised to read as follows:
Sec. 190.235 Injunctive action.
Whenever it appears to the Associate Administrator, OPS that a
person has engaged, is engaged, or is about to engage in any act or
practice constituting a violation of any provision of 49 U.S.C. 60101
et seq. or any regulations issued thereunder, the Administrator, RSPA,
or the person to whom the authority has been delegated, may request the
Attorney General to bring an action in the appropriate U.S. District
Court for such relief as is necessary or appropriate, including
mandatory or prohibitive injunctive relief, interim equitable relief,
and punitive damages as provided under 49 U.S.C. 60120 and 49 U.S.C.
5123.
23. Section 190.237 is amended by revising paragraph (a) to read as
follows:
Sec. 190.237 Amendment of plans or procedures.
(a) A Regional Director begins a proceeding to determine whether an
operator's plans or procedures required under parts 192, 193, 195, and
199 of this subchapter are inadequate to assure safe operation of a
pipeline facility by issuing a notice of amendment. The notice shall
provide an opportunity for a hearing under Sec. 190.211 of this part
and shall specify the alleged inadequacies and the proposed action for
revision of the plans or procedures. The notice shall allow the
operator 30 days after receipt of the notice to submit written comments
or request a hearing. After considering all material presented in
writing or at the hearing, the Associate Administrator, OPS shall
determine whether the plans or procedures are inadequate as alleged and
order the required amendment if they are inadequate, or withdraw the
notice if they are not. In determining the adequacy of an operator's
plans or procedures, the Associate Administrator, OPS shall consider:
* * * * *
PART 191--[AMENDED]
1. The authority citation for part 191 is revised to read as
follows:
Authority: 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117,
60118, and 60124; and 49 CFR 1.53.
2. Section 191.3 is amended by removing the definition of
Secretary, and adding the definition of Administrator to read as
follows:
Sec. 191.3 Definitions.
* * * * *
Administrator means the Administrator of the Research and Special
Programs Administration or any person to whom authority in the matter
concerned has been delegated by the Secretary of Transportation.
* * * * *
3. Section 191.19 is revised to read as follows:
Sec. 191.19 Report forms.
Copies of the prescribed report forms are available without charge
upon request from the address given in Sec. 191.7 Additional copies in
this prescribed format may be reproduced and used if in the same size
and kind of paper. In addition, the information required by these forms
may be submitted by any other means that is acceptable to the
Administrator.
4. Section 191.25 is amended by revising paragraph (a) to read as
follows:
Sec. 191.25 Filing safety-related condition reports.
(a) Each report of a safety-related condition under Sec. 191.23(a)
must be filed (received by the Associate Administrator, OPS) in writing
within five working days (not including Saturday, Sunday, or Federal
Holidays) after the day a representative of the operator first
determines that the condition exists, but not later than 10 working
days after the day a representative of the operator discovers the
condition. Separate conditions may be described in a single report if
they are closely related. Reports may be transmitted by facsimile at
(202) 366-7128.
* * * * *
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, and 60118; and 49 CFR 1.53.
2. Section 192.11 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 192.11 Petroleum gas systems.
* * * * *
(b) * * *
[[Page 18517]]
(2) Below ground structures must have forced ventilation that will
prevent any accumulation of gas.
* * * * *
3. Section 192.227 is amended by revising paragraph (b)
introductory text, to read as follows:
Sec. 192.227 Qualification of welders.
* * * * *
(b) A welder may qualify to perform welding on pipe to be operated
at a pressure that produces a hoop stress of less than 20 percent of
SMYS by performing an acceptable test weld, for the process to be used,
under the test set forth in section I of appendix C to this part. A
welder who makes welded service line connections to mains must also
perform an acceptable test weld under section II of appendix C to this
part as part of the qualifying test. After initial qualification, a
welder may not perform welding unless:
* * * * *
4. Section 192.361 is amended by revising paragraph (f)(1) to read
as follows:
Sec. 192.361 Service lines: Installation
* * * * *
(f) * * *
(1) It must be encased in a gas tight conduit;
* * * * *
5. Section 192.367 is amended by revising paragraph (a) to read as
follows:
Sec. 192.367 Service lines: General requirements for connections to
main piping.
(a) Location. Each service line connection to a main must be
located at the top of the main or, if that is not practical, at the
side of the main, unless a suitable protective device is installed to
minimize the possibility of dust and moisture being carried from the
main into the service line.
* * * * *
6. Section 192.511 is amended by revising paragraph (a) to read as
follows:
Sec. 192.511 Test requirements for service lines.
(a) Each segment of a service line (other than plastic) must be
leak tested in accordance with this section before being placed in
service. If feasible, the service line connection to the main must be
included in the test; if not feasible, it must be given a leakage test
at the operating pressure when placed in service.
* * * * *
7. Section 192.603 is amended by revising paragraph (c) to read as
follows:
Sec. 192.603 General provisions.
* * * * *
(c) The Administrator or the State Agency that has submitted a
current certification under the pipeline safety laws, (49 U.S.C. 60101
et seq.) with respect to the pipeline facility governed by an
operator's plans and procedures may, after notice and opportunity for
hearing as provided in 49 CFR 190.237 or the relevant State procedures,
require the operator to amend its plans and procedures as necessary to
provide a reasonable level of safety.
9. Section 192.623, the heading, is revised to read as follows:
Sec. 192.623 Maximum and minimum allowable operating pressure; Low-
pressure distribution systems.
* * * * *
PART 193--[AMENDED]
1. The authority citation for part 193 is revised to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,
60110, 60113, 60118; and 49 CFR 1.53.
2. Section 193.2001 is amended by revising paragraph (a) to read as
follows:
Sec. 193.2001 Scope of part.
(a) This part prescribes safety standards for LNG facilities used
in the transportation of gas by pipeline that is subject to the
pipeline safety laws (49 U.S.C. 60101 et seq.) and Part 192 of this
chapter.
* * * * *
3. Section 193.2007 is amended by revising the definition of
Administrator and the definition of g to read as follows:
Sec. 193.2007 Definitions.
* * * * *
Administrator means the Administrator of the Research and Special
Programs Administration or any person to whom authority in the matter
concerned has been delegated by the Secretary of Transportation.
* * * * *
g means the standard acceleration of gravity of 9.806 meters per
second\2\ (32.17 feet per second\2\).
* * * * *
4. Section 193.2017 is amended by revising paragraph (a) to read as
follows:
Sec. 193.2017 Plans and procedures.
(a) Each operator shall maintain at each LNG plant the plans and
procedures required for that plant by this part. The plans and
procedures must be available upon request for review and inspection by
the Administrator or any State Agency that has submitted a current
certification or agreement with respect to the plant under the pipeline
safety laws (49 U.S.C. 60101 et seq.). In addition, each change to the
plans or procedures must be available at the LNG plant for review and
inspection within 20 days after the change is made.
* * * * *
5. Section 193.2321 is amended by revising paragraph (a) to read as
follows:
Sec. 193.2321 Nondestructive tests.
(a) The following percentages of each day's circumferentially
welded pipe joints for hazardous fluid piping, selected at random, must
be nondestructively tested over the entire circumference to indicate
any defects which could adversely affect the integrity of the weld or
pipe:
------------------------------------------------------------------------
Cryogenic
Weld type piping Other Test method
------------------------------------------------------------------------
Butt welds more than 2 inches 100 30 Radiographic or
in nominal size. ultrasonic.
Butt welds 2 inches or less 100 30 Radiographic,
in nominal size. ultrasonic,
liquid
penetrant or
magnetic
particle.
Fillet and socket welds...... 100 30 Liquid
penetrant or
magnetic
particle.
------------------------------------------------------------------------
* * * * *
6. Section 193.2515 is amended by revising paragraph (c) to read as
follows:
Sec. 193.2515 Investigation of failures.
* * * * *
(c) If the Administrator or relevant state agency under the
pipeline safety laws (49 U.S.C. 60101 et seq.) investigates an
incident, the operator involved shall make available all relevant
information and provide reasonable assistance in conducting the
investigation. Unless necessary to
[[Page 18518]]
restore or maintain service, or for safety, no component involved in
the incident may be moved from its location or otherwise altered until
the investigation is complete or the investigating agency otherwise
provides. Where components must be moved for operational or safety
reasons, they must not be removed from the plant site and must be
maintained intact to the extent practicable until the investigation is
complete or the investigating agency otherwise provides.
PART 195--[AMENDED]
1. The authority citation for part 195 is revised to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118;
and 49 CFR 1.53.
2. Section 195.58 is revised to read as follows:
Sec. 195.58 Address for written reports.
Each written report required by this subpart must be made to the
Information Resources Manager, Office of Pipeline Safety, Research and
Special Programs Administration, U.S. Department of Transportation,
Room 2335, 400 Seventh Street SW., Washington DC 20590. However,
accident reports for intrastate pipelines subject to the jurisdiction
of a State agency pursuant to a certification under the pipeline safety
laws (49 U.S.C. 60101 et seq.) may be submitted in duplicate to that
State agency if the regulations of that agency require submission of
these reports and provide for further transmittal of one copy within 10
days of receipt to the Information Resources Manager. Safety-related
condition reports required by Sec. 195.55 for intrastate pipelines must
be submitted concurrently to the State agency, and if that agency acts
as an agent of the Secretary with respect to interstate pipelines,
safety-related condition reports for these pipelines must be submitted
concurrently to that agency.
Sec. 195.402 [Amended]
3. Section 195.402 is amended by revising paragraph (b) to read as
follows:
* * * * *
(b) The Administrator or the State Agency that has submitted a
current certification under the pipeline safety laws (49 U.S.C. 60101
et seq.) with respect to the pipeline facility governed by an
operator's plans and procedures may, after notice and opportunity for
hearing as provided in 49 CFR 190.237 or the relevant State procedures,
require the operator to amend its plans and procedures as necessary to
provide a reasonable level of safety.
* * * * *
PART 198--[AMENDED]
1. The authority citation for part 198 is revised to read as
follows:
Authority: 49 U.S.C. 60105, 60106, 60114; and 49 CFR 1.53.
2. Section 198.3 is amended by revising the definition for
Underground pipeline facilities to read as follows:
* * * * *
Underground pipeline facilities means buried pipeline facilities
used in the transportation of gas or hazardous liquid subject to the
pipeline safety laws (49 U.S.C. 60101 et seq.).
* * * * *
3. Section 198.11 is revised to read as follows:
Sec. 198.11 Grant authority.
The pipeline safety laws (49 U.S.C. 60101 et seq.) authorize the
Administrator to pay out funds appropriated or otherwise make available
up to 50 percent of the cost of the personnel, equipment, and
activities reasonably required for each state agency to carry out a
safety program for intrastate pipeline facilities under a certification
or agreement with the Administrator or to act as an agent of the
Administrator with respect to interstate pipeline facilities.
4. Section 198.31 is revised to read as follows:
Sec. 198.31 Scope.
This subpart implements parts of the pipeline safety laws (49
U.S.C. 60101 et seq.), which direct the Secretary to require each State
to adopt a one-call damage prevention program as a condition to
receiving a full grant-in-aid for its pipeline safety compliance
program.
5. Section 198.35 is revised to read as follows:
Sec. 198.35 Grants conditioned on adoption of one-call damage
prevention program.
In allocating grants to State agencies under section 5 of the
Natural Gas Pipeline Safety Act of 1968 (49 App. U.S.C. 1674) and under
section 205 of the Hazardous Liquid Pipeline Safety Act of 1979 (49
App. U.S.C. 2004), the Secretary considers whether a State has adopted
or is seeking to adopt a one-call damage prevention program in
accordance with Sec. 198.37. If a State has not adopted or is not
seeking to adopt such program, the State agency may not receive the
full reimbursement to which it would otherwise be entitled.
6. Section 198.37 is amended by revising paragraphs (e) and (h) to
read as follows:
Sec. 198.37 State one-call damage prevention program.
* * * * *
(e) Except with respect to interstate transmission facilities as
defined in the pipeline safety laws (49 U.S.C. 60101 et seq.),
operators of underground pipeline facilities must be required to
participate in the one-call notification systems that cover the areas
of the State in which those pipeline facilities are located.
* * * * *
(h) Operators of underground pipeline facilities (other than
operators of interstate transmission facilities as defined in the
pipeline safety laws (49 U.S.C. 60101 et seq.), and interstate
pipelines as defined in Sec. 195.2 of this chapter), excavators and
persons who operate one-call notification systems who violate the
applicable requirements of this subpart must be subject to civil
penalties and injunctive relief that are substantially the same as are
provided under the pipeline safety laws (49 U.S.C. 60101 et seq.).
PART 199--[AMENDED]
1. The authority citation for part 199 is revised to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,
60118; and 49 CFR 1.53.
2. Section 199.3 is amended by revising the definition for
Administrator and the definition for State agency to read as follows:
Sec. 199.3 Definitions.
* * * * *
Administrator means the Administrator of the Research and Special
Programs Administration or any person to whom authority in the matter
concerned has been delegated by the Secretary of Transportation.
* * * * *
State agency means an agency of any of the several states, the
District of Columbia, or Puerto Rico that participates under the
pipeline safety laws (49 U.S.C. 60101 et seq.)
3. Section 199.7 is amended by revising paragraph (b) to read as
follows:
Sec. 199.7 Anti-drug plan.
* * * * *
(b) The Administrator or the State Agency that has submitted a
current certification under the pipeline safety laws (49 U.S.C. 60101
et seq.) with respect to the pipeline facility governed by an
operator's plans and procedures may, after notice and opportunity for
hearing as provided in 49 CFR 190.237 or the relevant State procedures,
require the operator to amend its plans and
[[Page 18519]]
procedures as necessary to provide a reasonable level of safety.
Sec. 199.205 [Amended]
4. Section 199.205 is amended by revising the definition for State
agency to read as follows:
* * * * *
State agency means an agency of any of the several states, the
District of Columbia, or Puerto Rico that participates under the
pipeline safety laws (49 U.S.C. 60101 et seq.).
* * * * *
Issued in Washington, DC, on March 28, 1996.
Rose A. McMurray,
Acting Deputy Administrator, Research and Special Programs
Administration.
[FR Doc. 96-10282 Filed 4-25-96; 8:45 am]
BILLING CODE 4910-60-P