[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identified those that are outdated or in need of reform.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