[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Rules and Regulations]
[Pages 7721-7724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2898]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 190, 191, 192, 193, 195, and 199

[Docket No. RSPA-97-2251; Amdt Nos. 190-7; 191-13; 192-83; 193-15; 194-
2; 195-61; 198-3; 199-17.]
RIN 2137-AD03


Pipeline Safety: Periodic Updates to Pipeline Safety Regulations 
(1997)

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

ACTION: Direct final rule.

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SUMMARY: This final rule is part of an annual effort by OPS to improve 
safety by clarifying and updating the pipeline safety regulations. 
Revisions include updated references to voluntary specifications and 
standards incorporated by reference, and various clarifications and 
grammatical corrections. These updates reflect the most recent editions 
of each specification and standard incorporated by reference to enable 
pipeline operators to utilize current technology, materials, and 
practices. In addition, certain gender-specific terms have been 
replaced with gender-neutral terms. Consistent with the President's 
goals of regulatory reinvention and improvement of customer service, 
this final rule updates the pipeline safety regulations for 1997, 
thereby reducing costs and enhancing economic growth.

EFFECTIVE DATES: This direct final rule takes effect May 4, 1998. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of May 4, 1998. 
If RSPA does not receive any adverse comment or notice of intent to 
file an adverse comment by March 19, 1998 the rule will become 
effective on the date specified. RSPA will issue a subsequent notice in 
the Federal Register by April 20, 1998 after the close of the comment 
period to confirm that fact and reiterate the effective date. If an 
adverse comment or notice of intent to file an adverse comment is 
received, RSPA will issue a timely notice in the Federal Register to 
confirm that fact and RSPA would withdraw the direct final rule in 
whole or in part. RSPA may then incorporate the adverse comment into a 
subsequent direct final rule or may publish a notice of proposed 
rulemaking.

ADDRESSES: Comments should be sent to the Dockets Facility, U.S. 
Department of Transportation, Plaza 401, 400 Seventh Street, SW, 
Washington, DC 20590-0001. Comments should identify the docket number 
(RSPA-97-2251). Persons should submit the original document and one (1) 
copy. Persons wishing to receive confirmation of receipt of their 
comments must include a self-addressed, stamped postcard. The Dockets 
Facility is located on the plaza level of the Nassif Building in Room 
Number 401, 400 Seventh Street, SW, Washington, DC. The Dockets 
Facility is open from 10:00 a.m. to 5:00 p.m., Monday through Friday, 
except on Federal holidays when the facility is closed.

FOR FURTHER INFORMATION CONTACT: Eben M. Wyman, (202) 366-0918, or by 
e-mail ([email protected]), regarding the subject matter of this 
Notice; or the Dockets Unit, (202) 366-4453, for copies of this final 
rule or other material in the docket. Further information can be 
obtained by accessing OPS' Internet Home Page at: ops.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    In a March 1995 memorandum, President Clinton directed Federal 
regulatory agencies to, among other things, conduct a page-by-page 
review of all agency regulations, cutting or revising those that were 
obsolete, intrusive, or better handled by parties other than the 
Federal government (i.e., private business, State, or local 
government).
    In response to the President's directive, RSPA issued a final rule 
on May 24, 1996 (61 FR 26121) that updated references to voluntary 
specifications and standards. This rulemaking is the second annual 
update of the pipeline safety regulations to reduce unnecessary burdens 
on the regulated community and to ensure that the pipeline safety 
regulations incorporate the most current technical standards and 
specifications.

Incorporation by Reference

    RSPA is incorporating by reference all or portions of nine updated 
documents containing practices, codes, standards, and specifications 
developed and published by technical organizations, including the 
American Society of Mechanical Engineers, American Society for Testing 
and Materials, Manufacturers Standardization Society of the Valve and 
Fittings Industry, and National Fire Protection Association. The 
updated standards incorporate the latest technology and engineering 
practice. Adoption of these updated documents assures that pipeline 
operators will not be unnecessarily burdened with outdated materials, 
design, and construction requirements.
    These documents can be obtained by contacting the following 
organizations:
    1. American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, West Conshohocken, PA 19428.
    2. The American Society of Mechanical Engineers (ASME), United 
Engineering Center, 345 East 47th Street, New York, NY 10017.
    3. Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), 127 Park Street, NW, Vienna, VA 22180.
    4. National Fire Protection Association (NFPA), 1 Batterymarch 
Park, P.O. Box 9101, Quincy, MA 02269-9101.
    These documents are available for inspection at the following 
locations:
    1. Office of Pipeline Safety, room 2335, U.S. Department of 
Transportation, 400 7th Street, SW, Washington, DC 20590.
    2. Office of the Federal Register, 800 N. Capitol Street, NW, Suite 
700, Washington, DC 20408.

Other revisions

Clarifications

    This document amends the following pipeline safety regulations to 
clarify their meaning:
    1. Section 192.16(b)(5) states that ``The operator (if applicable), 
plumbers,

[[Page 7722]]

and heating contractors can assist in locating, inspecting, and 
repairing the customer's buried piping.'' This final rule clarifies the 
reference by deleting the term ``plumbers'' and inserting the phrase 
``plumbing contractors''.
    2. Section 192.614(b)(5) requires operators to ``Provide for 
temporary marking of buried pipelines in the area of excavation 
activity before, as far as practical, the activity begins.'' This 
requirement can be confusing to the operator in terms of interpreting 
the meaning of ``as far as practical.'' Therefore, this final rule 
amends this paragraph to require temporary marking of buried pipelines 
before excavation activities begin ``except in emergency situations.''
    3. Section 195.56(a) describes safety-related condition reports 
``under Sec. 191.55(a) . . .'', which is inaccurate. Safety-related 
condition report requirements for Part 195 are contained in 
Sec. 195.55(a). This final rule makes that clarification.
    4. The last line of Sec. 199.17(a) provides that ``samples may be 
discarded following the end of the 365-period.'' This final rule 
clarifies that samples may be discarded following the end of the ``365-
day period.'' Also, this final rule revises the language containing the 
term ``his representative,'' on line 8, to remove the specific 
reference to gender.

Grammatical Corrections

    In various sections of the pipeline safety regulations, minor 
grammatical errors exist that need correction, and gender-specific 
language that need revision. The following are the grammatical 
corrections covered in this rulemaking:
    1. Sec. 190.7(a)--addition of a comma after the term ``RSPA'', on 
line 5, and revision of the language containing the term ``him,'' on 
line 8, to remove the specific reference to gender.
    2. Sec. 190.203(a)--addition of a comma after the term ``OPS'', on 
line 3.
    3. Sec. 190.209--addition of a comma after the term ``violation'', 
on line 2.
    4. Sec. 192.107(b)(2)--addition of a comma after the term 
``section'', on line 3.
    5. Sec. 193.2059(d)(1)(i)--deletion of the comma after the term 
``but'' and the addition of a comma after the term ``system'' on line 
8.

Updates

    In Sec. 191.21 of the pipeline safety regulations, an authorization 
date follows the Office of Management and Budget (OMB) Control Number. 
Although the OMB number is still current, this notice removes the 
unnecessary authorization date. This section is amended to read as 
follows:
    1. Sec. 191.21--the chart provided in this section is amended to 
remove the reference to the March 31, 1986, as the final date of 
approval for this OMB Control Number. This number is still current and 
there is no date limiting its authority.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was 
not reviewed by the Office of Management and Budget (OMB). The final 
rule is not significant under the Regulatory Policies and Procedures of 
the Department of Transportation (44 FR 11034).

Executive Order 12612

    The final rule has been analyzed with the principles and criteria 
in Executive Order 12612 (``Federalism'') (52 FR 41685), and does not 
have sufficient federalism impacts to warrant the preparation of a 
federalism assessment.

Regulatory Flexibility Act

    Based on the facts available, I certify that this final rule will 
not have a significant economic impact on a substantial number of small 
entities.

Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It does not result in costs of $100 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

List of Subjects

49 CFR Part 190

    Compliance, Pipeline safety, Reporting.

49 CFR Part 191

    Annual reports, Incident reports, Pipeline safety.

49 CFR Part 192

    Incorporation by reference, Natural gas, Pipeline safety.

49 CFR Part 193

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

49 CFR Part 195

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

49 CFR Part 199

    Drug and alcohol testing, Pipeline safety.

    In consideration of the foregoing, RSPA amends 49 CFR Parts 190, 
191, 192, 193, 195, and 199 as follows:

PART 190--[AMENDED]

    1. The authority citation for Part 190 continues to read as 
follows:

    Authority: 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 et seq.; 
and 49 CFR 1.53.

    2. Paragraph (a) of Sec. 190.7 is revised to read as follows:


Sec. 190.7  Subpoenas; witness fees.

    (a) The Administrator, RSPA, the Chief Counsel, RSPA, or the 
official designated by the Administrator, RSPA, to preside over a 
hearing convened in accordance with this part, may sign and issue 
subpoenas individually on their own initiative or, upon request and 
adequate showing by any person participating in the proceeding that the 
information sought will materially advance the proceeding.
* * * * *
    3. Paragraph (a) of Sec. 190.203 is revised to read as follows:


Sec. 190.203  Inspections.

    (a) Officers, employees, or agents authorized by the Associate 
Administrator for Pipeline Safety, RSPA, 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.
* * * * *
    4. The introductory text of Sec. 190.209 is revised 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:
* * * * *

PART 191--[AMENDED]

    1. The authority citation for Part 191 continues to read as 
follows:


[[Page 7723]]


    Authority: 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117, 
60118, and 60124; and 49 CFR 1.53.


Sec. 191.21  [Amended]

    2. The heading of the chart in Sec. 191.21 is amended to remove the 
phrase ``APPROVED THROUGH MARCH 31, 1986.''

PART 192--[AMENDED]

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

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

    2. Paragraph (b)(5) of Sec. 192.16 is revised to read as follows:


Sec. 192.16  Customer notification.

* * * * *
    (b) * * *
    (5) The operator (if applicable), plumbing contractors, and heating 
contractors can assist in locating, inspecting, and repairing the 
customer's buried piping.
* * * * *
    3. Paragraph (b)(2) of Sec. 192.107 is revised to read as follows:


Sec. 192.107  Yield strength (S) for steel pipe.

* * * * *
    (b) * * *
    (2) If the pipe is not tensile tested as provided in paragraph 
(b)(1) of this section, 24,000 p.s.i.
    4. Paragraph (c)(5) of Sec. 192.614 is revised to read as follows:


Sec. 192.614  Damage prevention program.

* * * * *
    (c) * * *
    (5) Provide for temporary marking of buried pipelines in the area 
of excavation activity before the activity begins, except in emergency 
situations.
* * * * *
    5. Appendix A of part 192 is amended by revising paragraphs II. C 
(1), (2), (9) and (10), II. E (1) and II. F (1) to read as follows:

Appendix A To Part 192--Incorporated by Reference

    II. Documents incorporated by reference. (Numbers in parentheses 
indicate applicable editions.)
* * * * *
    C. * * *
    (1) ASTM Designation: A 53 ``Standard Specification for Pipe, 
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' 
(A53-96).
    (2) ASTM Designation A 106 ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service'' (A106-95).
* * * * *
    (9) ASTM Designation D638 ``Standard Test Method for Tensile 
Properties of Plastics'' (D638-96).
    (10) ASTM Designation D2513 ``Standard Specification for 
Thermoplastic Gas Pressure Pipe, Tubing and Fittings'' (D2513-96a).
* * * * *
    E. * * *
    (1) MSS SP44-96 ``Steel Pipe Line Flanges'' (includes 1996 
errata) (1996).
* * * * *
    F. * * *
    (1) NFPA 30 ``Flammable and Combustible Liquids Code'' (1996).
* * * * *

PART 193--[AMENDED]

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

    Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109, 
60110, 60113, 60118; and 49 CFR 1.53

    2. Paragraph (d)(1)(i) of Sec. 193.2059 is revised to read as 
follows:


Sec. 193.2059  Flammable vapor-gas dispersion protection.

* * * * *
    (d) * * *
    (1) * * *
    (i) The rate of vaporization is not less than the sum of flash 
vaporization and vaporization from boiling by heat transfer from 
contact surfaces during the time necessary for spill detection, 
instrument response, and automatic shutdown by the emergency shutdown 
system, but not less than 10 minutes, plus, in the case of impounding 
systems for LNG storage tanks with side or bottom penetrations, the 
time necessary for the liquid level in the tank to reach the level of 
the penetration or equilibrate with the liquid impounded assuming 
failure of the internal shutoff valve.
* * * * *
    3. Appendix A to Part 193 is amended by revising paragraphs 
II.E(1), II.G(1), to read as follows:

Appendix A To Part 193--Incorporation By Reference

* * * * *
    II. Documents Incorporated by Reference. (Numbers in Parentheses 
Indicate Applicable Editions.)
* * * * *
    E. * * *
    1. ASME/ANSI B31.3 ``Process Piping'' (1996)--Includes 1996 
Addenda.
* * * * *
    G. * * *
    1. NFPA 30 ``Flammable and Combustible Liquids Code'' (1996)
* * * * *

PART 195--[AMENDED]

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

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

    2. Section 195.3 is amended by revising paragraph (c)(5) (i) and 
(ii) to read as follows:


Sec. 195.3  Matter incorporated by reference.

* * * * *
    (c) * * *
    (5) * * *
    (i) ASTM Designation A 53 ``Standard specification for Pipe, Steel, 
Black and Hot-Dipped, Zinc-Coated Welded and Seamless'' (A 53-96).
    (ii) ASTM Designation: A 106 ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service'' (A 106-95).
* * * * *
    3. Paragraph (a) of Sec. 195.56 is revised to read as follows:


Sec. 195.56  Filing safety-related condition reports.

    (a) Each report of a safety-related condition under Sec. 195.55(a) 
must be filed (received by the Administrator) in writing within 5 
working days (not including Saturdays, Sundays, 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. To file a report by facsimile (fax), dial (202) 366-7128.
* * * * *

PART 199--[AMENDED]

    1. The authority citation for Part 199 continues to read as 
follows:

    Authority: 46 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109, 
60118; and 49 CFR 1.53.

    2. Paragraph (a) of Sec. 199.17 is revised to read as follows:


Sec. 199.17  Retention of samples and retesting.

    (a) Samples that yield positive results on confirmation must be 
retained by the laboratory in properly secured, long-term, frozen 
storage for at least 365 days as required by the DOT Procedures. Within 
this 365-day period, the employee or the employee's representative, the 
operator, the Administrator, or, if the operator is subject to the 
jurisdiction of a state agency, the state agency may request that the 
laboratory retain the sample for

[[Page 7724]]

an additional period. If, within the 365-day period, the laboratory has 
not received a proper written request to retain the sample for a 
further reasonable period specified in the request, the sample may be 
discarded following the end of the 365-day period.
* * * * *
    Issued in Washington, DC on January 27, 1998.
Kelley S. Coyner,
Acting Administrator.
[FR Doc. 98-2898 Filed 2-13-98; 8:45 am]
BILLING CODE 4910-60-P