[Federal Register Volume 65, Number 41 (Wednesday, March 1, 2000)]
[Rules and Regulations]
[Pages 10950-10961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3799]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 193

[Docket No. RSPA-97-3002; Amdt. 193-17]
RIN 2137-AD11


Pipeline Safety: Incorporation of Standard NFPA 59A in the 
Liquefied Natural Gas Regulations

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

ACTION: Final rule.

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SUMMARY: This final rule incorporates by reference an industry 
consensus standard for liquefied natural gas (LNG) facilities subject 
to the pipeline safety regulations. This standard, developed by the 
National Fire Protection Association (NFPA), specifies siting, design, 
construction, equipment, and fire protection requirements that apply to 
new LNG facilities and to existing facilities that have been replaced, 
relocated, or significantly altered. All new, replaced, relocated, and 
significantly altered facilities are also subject to the new operating 
and maintenance requirements, and all other requirements specified in 
this rule, as well as the unchanged portions of the regulations. The 
fire protection requirements also apply to existing LNG facilities. The 
incorporation by reference of this standard will allow the LNG industry 
to use the latest technology, materials, and practices while 
maintaining the current level of safety.

DATES: This final rule takes effect March 31, 2000. The incorporation 
by reference of certain publications listed in the regulations is 
approved by the Director of the Federal Register as of March 31, 2000.

FOR FURTHER INFORMATION CONTACT: Mike Israni, (202) 366-4571, or by e-
mail: [email protected], regarding the subject matter of this 
final rule, or the Dockets Facility (202) 366-9329, for copies of this 
final rule or other material in the docket. All materials in this 
docket may be accessed electronically at http://dms.dot.gov. General 
information about the RSPA/Office of Pipeline Safety programs can be 
obtained by accessing OPS's Internet home page at http://ops.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    On August 26, 1996, the NFPA petitioned RSPA to replace substantive 
portions of 49 CFR Part 193 with ANSI/NFPA 59A (1996 edition), titled 
``Standards for the Production, Storage

[[Page 10951]]

and Handling of Liquefied Natural Gas (LNG)''. The petition 
specifically recommends removing the Subparts on siting, design, 
construction, equipment, and fire protection, and instead referencing 
chapters 1 through 9 of ANSI/NFPA 59A (1996 edition). The petition 
recommends retaining, with minor changes, the Subparts on operation, 
maintenance, personnel qualification and training, and security.
    The current Federal safety standards for LNG facilities were 
developed as a requirement of the Pipeline Safety Act of 1979, now re-
codified in 49 United States Code Section 60103. In 1979, Congress 
determined that the public would be better served if the U.S. 
Department of Transportation (DOT) developed its own standards for the 
LNG industry. Prior to July 1, 1976, no Federal standards for LNG 
facilities existed. The current standard, which addresses LNG 
facilities used in gas pipeline transportation, was issued as a Final 
Rule on February 11, 1980 [45 FR 9203] and now appears at 49 CFR Part 
193. Between July 1, 1976, and February 11, 1980, LNG facilities were 
required to comply with ANSI/NFPA 59A (1972 edition) and Part 192.
    A report issued on July 31, 1978, by the General Accounting Office 
titled ``Liquefied Energy Gases'' highlighted some of the safety 
concerns in the transportation and storage of LNG. Foremost among those 
were: (1) protection of persons and property near an LNG facility from 
thermal radiation caused by ignition of a major spill of LNG, (2) 
protection of persons and property near an LNG facility from dispersion 
and delayed ignition of a natural gas cloud arising from a major spill 
of LNG, and (3) reduction of the potential for a catastrophic spill of 
LNG.
    RSPA identified many deficiencies in the pre-1980 LNG standards 
which needed to be corrected to reduce the potential for a major spill 
of LNG and provide an acceptable level of safety. Because of the 
difference in format and the need for regulatory language to facilitate 
enforcement, a few sections of ANSI/NFPA 59A were rewritten for their 
adoption in Part 193.
    There have been significant changes in the ANSI/NFPA 59A since 
1980. The 1996 edition of the ANSI/NFPA 59A includes the latest 
developments in LNG facility design and safety. Many of these 
developments have not been incorporated into current Part 193. The 
format and language of the ANSI/NFPA 59A has also changed 
significantly, over the years, to facilitate enforcement. ANSI/NFPA 59A 
is revised on a regular basis, and the revision process includes input 
from a wide variety of experts and a broad representation of interests.
    RSPA has been very active in incorporating by reference voluntary 
consensus standards in its pipeline safety regulations. RSPA has 
participated for many years on several voluntary committees that 
develop consensus standards, including the ANSI/NFPA 59A technical 
committee. The existing Part 193 references provisions of ANSI/NFPA 59A 
in eight different locations. Recent amendments to the LNG regulations 
(February 25, 1997; 62 FR 8402 and August 1, 1997; 62 FR 41311) have 
brought Part 193 closer to ANSI/NFPA 59A. Unlike older editions of the 
ANSI/NFPA 59A, text in the current standard is in a regulatory format 
that makes it more suitable for incorporation by reference. RSPA is 
adopting the 1996 version of the ANSI/NFPA 59A. When the standard is 
revised in the future, RSPA will incorporate by reference the revised 
versions, as appropriate.
    This rule replaces major subparts covering siting, design, 
construction, equipment, and fire protection with provisions of NFPA 
standard, and makes minor changes in the operation and maintenance 
requirements. These changes apply only to new and significantly altered 
facilities. Incorporation by reference of ANSI/NFPA 59A will maintain 
current levels of safety and allow industry flexibility in applying the 
latest technology. Based on the above factors and the potential 
benefits to Federal and State regulators, the LNG industry, and most of 
all, to public safety, RSPA decided to consider the adoption of ANSI/
NFPA 59A into Part 193.
    In November 1997 and May 1998, RSPA briefed the Technical Pipeline 
Safety Standards Committee (TPSSC) on proposed changes to the LNG 
regulations. In February and April 1998, RSPA held meetings with the 
National Association of Pipeline Safety Representatives (NAPSR) LNG 
Part 193 committee to receive their input on the proposed changes.
    On March 31, 1998, RSPA met with representatives of the LNG 
industry, State and local governments, and the public to gather 
information on experiences with the current Federal LNG safety 
regulations and with ANSI/NFPA 59A. On April 22, 1998, RSPA held a 
joint meeting with NFPA, the American Gas Association (AGA) and the 
NAPSR LNG review committee to discuss technical differences between 
Part 193 and ANSI/NFPA 59A.

Proposed Rule

    RSPA published an NPRM [63 FR 70737; December 22, 1998], proposing 
to replace most LNG requirements for siting, design, construction, 
equipment, and fire protection in Part 193 by referencing the American 
National Standards Institute (ANSI), National Fire Protection 
Association (NFPA) Standard 59A (1996 edition), titled ``Standards for 
the Production, Storage and Handling of Liquefied Natural Gas (LNG)''. 
The NPRM also proposed some minor amendments to operation and 
maintenance requirements for new and significantly altered facilities. 
(Existing facilities need only comply with previously existing 
operations and maintenance requirements.) RSPA proposed these changes 
because ANSI/NFPA 59A more accurately reflects current technology and 
practices in the LNG industry. Only those requirements which ANSI/NFPA 
does not address or adequately cover were retained. On May 18, 1999, at 
the AGA conference in Cleveland, commenters requested, and were 
granted, an additional month for comments. RSPA received comments on 
the NPRM from 11 sources. Commenters included two trade associations, 
two standards organizations, six operators, and one State agency.

Advisory Committee Review

    We submitted the proposed LNG rule to the Technical Pipeline Safety 
Standards Committee (TPSSC) for comments on technical feasibility, 
reasonableness, cost-effectiveness, and practicality. On May 5, 1999, 
the TPSSC voted unanimously to approve the proposed rule without 
comment.

Discussion of Comments and Changes in the Final Rule

    We received comments from the following in response to the NPRM:

Trade associations: American Gas Association (AGA); The New England Gas 
Association (NEGA)
Standards organization: National Fire Protection Association (NFPA); 
American Society of Safety Engineers (ASSE);
Operators: Duke Energy Corporation; Philadelphia Gas Works (PGW); 
William's Gas Pipeline, KeySpan Energy Corporation; Paiute Pipeline 
Company, Alaska North Slope LNG project.
State agency: Iowa Utilities Board (Iowa).

    All 11 commenters generally supported the NPRM, but expressed some 
concerns or suggested changes. All significant comments on the NPRM are

[[Page 10952]]

summarized below along with RSPA's responses.

General Comment: Partial Adoption of ANSI/NFPA 59A

    Four commenters, including AGA and NEGA, requested adoption of 
ANSI/NFPA 59A for siting, design, construction, equipment, and fire 
protection, without modification except for regulatory language 
consistency. They expressed concerns over selectivity of various parts 
of 49 CFR Part 193, and ANSI/NFPA 59A. AGA commented that adoption of 
only portions of ANSI/NFPA 59A will make the standards difficult to 
administer by both the regulatory agencies and the LNG facility 
operators. AGA feels that RSPA's approach would require substantial 
cross-referencing between two documents and various referenced 
standards, to determine which one is applicable in any given situation, 
resulting in confusion, errors and potential violations of the final 
rule. In AGA's view, this could have significant cost impact to 
operators without much safety benefit.
    Response--During proposed rule development, our analysis of Part 
193 and ANSI/NFPA 59A showed that certain LNG safety requirements in 
design, siting, construction, and equipment were not adequately 
addressed in ANSI/NFPA 59A. Following discussions with state regulators 
and LNG consultants, we decided to retain all of those requirements in 
the proposed rule that were not adequately addressed in ANSI/NFPA 59A. 
However, after review of comments received on the NPRM, and detailed 
discussions on specific requirements with the industry, trade 
associations, LNG consultants, and regional directors, we have 
concluded that only some of the safety requirements proposed in the 
NPRM are critical, therefore, should be retained. However, most of 
proposed safety requirements are already covered in performance 
language in ANSI/NFPA 59A, therefore, those requirements should be 
removed from Part 193. This final rule reflects those changes.

General Comment: Limit ANSI/NFPA 59A References to Only Design, 
Construction, and Siting Issues

    AGA, NEGA, and two plant operators expressed concern over the 
proposed changes in Subpart F--Operations, and Subpart G--Maintenance. 
They said that in meetings leading up to the NPRM, DOT indicated that 
operations and maintenance requirements in part 193 would not be 
revised because ANSI/NFPA 59A does not adequately address these issues. 
They also said DOT's revisions to operations and maintenance areas are 
broad and unclear. Specific examples of such instances offered by 
commenters are discussed below.
    Response--Under operation and maintenance subparts of this rule, 
operators of new and significantly altered LNG facilities are required 
to maintain design and construction related inspection, testing and 
investigation records specified under NFPA 59A. We have specified 
frequency of those tests and duration of recordkeeping. Operators are 
also reminded in the operation and maintenance subparts that these 
requirements only apply to new and significantly altered LNG facilities 
constructed after the effective date of this rule.

Editorial Comments

    One commenter noted inconsistencies in listing subparts affected by 
this rule. This commenter suggested that reference be made to subparts 
A-E and I throughout the text. This commenter also pointed out that the 
preamble indicated that section 193.2119 would be retained, yet in the 
rule this section has been removed.
    Response--We have removed inconsistencies regarding affected 
subparts in the final rule. We inadvertently removed Section 193.2119 
from the proposed rule. This final rule retains it.
    Listed below are comments or changes to specific sections:

Subpart A--General

Section 193.2001  Scope of Part

    In the NPRM, we revised Section 193.2001 to include reference to 
ANSI/NFPA 59A. Because ANSI/NFPA 59A is not applicable to all subparts 
in Part 193, we have removed the reference. Therefore, Section 193.2001 
as currently specified will remain unchanged.

Section 193.2003  Semisolid Facilities Has been removed from the rule 
as proposed in the NPRM.

Section 193.2005  Applicability

    This section 193.2005 has been restructured to clarify that new 
requirements apply to new and significantly altered LNG facilities 
after the effective date of this rule unless otherwise noted.

Proposed Sections 193.2007 Through 193.2019 Are unchanged in the final 
rule.

Subpart B--Siting Requirements

Section 193.2051  Scope

    We proposed that this section would be retained because ANSI/NFPA 
59A does not specify where siting is needed. One commenter argued that 
sections 2-1, 2-2 and 2-3 of ANSI/NFPA 59A clearly delineate siting 
requirements for process equipment, building and structures, transfer 
systems, flammable containers, LNG containers, and spill and leak 
control in important process areas. This commenter said that it is the 
combination of section 193.2051 and ANSI/NFPA 59A that will cause 
confusion and misinterpretation. The commenter suggested that the 
standards simply reference ANSI/NFPA 59A.
    Response--We agree that ANSI/NFPA 59A specifies where siting is 
required, therefore, we have revised the text of the scope under this 
section to avoid duplication and confusion. The revised scope now 
states that each LNG facility after effective date of the final rule 
must be provided with siting requirements in accordance with 
requirements of this part and of ANSI/NFPA 59A. In the event of a 
conflict between this part and ANSI/NFPA 59A, this part prevails. 
Operators are reminded that the requirements retained in this part are 
not covered in ANSI/NFPA 59A.

Section 193.2057  Thermal Radiation Protection

    In the NPRM we proposed that the thermal radiation distances 
calculations use: (1) wind speed and ambient temperatures which produce 
maximum exclusion distances except that values that occur less than 5% 
of the time shall not be used; (we regret that in the preamble of the 
NPRM we explained this requirement incorrectly.) (2) LNGFIRE III model; 
(3) offsite targets currently listed in paragraph (d). We also proposed 
deletion of paragraph (b)(4) which required use of highest anticipated 
heating value of LNG.
    The NFPA and the Iowa Utility Board commented on the preceding 
requirements. NFPA commented that wind speed need not be included in 
the calculation, because it is already included in the acceptable heat 
flux for offsite targets. NFPA also pointed out that Part 193 does not 
specify how wind speed is to be determined and what figure (maximum or 
average) is to be used.
    NFPA recommended that Part 193 should reference ANSI/NFPA 59A 
because NFPA cites a method (from a

[[Page 10953]]

GRI report) rather than specific computer model, such as LNGFIRE III, 
for calculating thermal radiation distances. NFPA also commented that 
number of ``offsite targets'' listed in paragraph (d) in section 
193.2057 does not provide the source of these numbers or how to 
calculate an area, whereas the NFPA numbers are taken from widely used 
NFPA 101, the Life Safety Code. This code provides a method to 
calculate the area occupied by persons for use as an offsite target.
    Response--(1) The old formula for calculating thermal radiation 
distance d=F.A\1/2\ (where d=distance, F=flux correlation factor, 
A=surface area within impoundment), which was replaced in Part 193 with 
the LNGFIRE model, is still allowed under NFPA 59A in certain 
applications. That formula calculates distances based on the assumption 
that the flame is at a 45 degree angle. In other words, the formula 
already accounts for wind speed. But, in the LNGFIRE model, wind speed 
is one of the input factors. We specify that the maximum wind speeds be 
used, except for those that occur less than 5% of the time. Therefore, 
the wind speed portion of the requirement is retained.
    (2) We disagree with NFPA comment that a method rather than 
specific computer model be specified. We review and analyze each 
specific model before adoption thus, making the compliance process 
easier for both the operator and inspector. This rule requires that the 
LNGFIRE III model be used. Other models may be used, subject to the 
Administrator's approval.
    (3) NFPA 101, the Life Safety Code, is basically a building code. 
For building design one needs to know area occupied by an individual 
person. The LNGFIRE model does not require the area of an individual 
person. Incident flux gives intensity of heat in Btu/hr-square foot, 
which means, Btu's that would be received by one square foot of the 
target if it were exposed to the thermal radiation for one hour. Number 
of persons or size of a person does not change the Btu/square foot 
received by the target. The 20 and 50 person criteria used for an 
`offsite target' in Part 193 and ANSI/NFPA 59A, respectively, are 
arbitrary numbers. Because we do not see justification for using 
different figures, in the final rule we have eliminated the Offsite 
target and incident radiant flux figures and simply referenced ANSI/
NFPA 59A.
    Comment on 193.2057 (b)(4)--The Iowa Utility Board questioned 
deletion of use of ``highest anticipated heating value of LNG'' in the 
calculations of thermal radiation distances. Iowa Utility Board said in 
their experience higher heating value (HHV) of ``aged'' LNG has reached 
1200 Btu/scf compared to 1023 Btu/scf for methane. And based on the 
potential for the buildup of heavier hydrocarbons in stored LNG, the 
Iowa Utility Board asked for clarification of our decision to delete 
this requirement.
    Response--The common units for higher heating values used in the 
natural gas industry are British thermal units (Btu) per standard cubic 
foot (scf). But, in reality HHV in Btu/lb determines the size of the 
flame, and the thermal radiation distances. The mass per unit volume of 
gas changes with composition for LNG mixture. In fact, decrease in Btu/
lb is more significant than increase in Btu/scf for aged LNG as 
compared to methane. Therefore, flame size for aged LNG is lower than 
the flame size of methane, resulting in shorter thermal radiation 
distance. In reality, there is only 0.1 to 0.2% difference in radiation 
distances. Therefore, this requirement has been deleted.

Section 193.2059  Flammable Vapor-Gas Dispersion Protection

    In the NPRM we proposed to: (1) retain minimum 10 minute spill 
duration for vaporization design rate; (2) delete planned vapor 
control; (3) retain 2.5% lower flammable concentration limit at the 
outer boundary of flammable vapor; and (4) add one hour time duration 
necessary for spill detection and response for tanks with an internal 
shutoff valve. AGA, NEGA, NFPA, two operators and the Iowa Utility 
Board each offered comments against one or more of those requirements.
    AGA, NEGA and one operator commented that NFPA standard 59A does 
not set a 10 minute spill duration limit so that operators can take 
advantage of technology by using controls that can provide response 
time in less than 10 minutes.
    NEGA said that by deleting planned vapor control to mitigate the 
emerging vapor from a design LNG spill increases burden on the operator 
and denies the operator alternative credit.
    The Iowa Utility Board supported the proposal to retain the 2.5% 
lower limit for gas concentration. NFPA said that the 5% lower 
flammability limit is sufficient because the model takes concentration 
variations into account, and our requirement is too conservative.
    One operator said there is no rationale for a one hour response 
time for spill detection for a tank with an internal shutoff valve.
    Response--(1) We agree with the commenters that with the current 
technology and control system operators can respond to spills in less 
than 10 minutes. We have revised this requirement to agree with the 
ANSI/NFPA 59A standard that 10 minute spill time can be reduced if the 
operator can demonstrate by instrument surveillance and emergency 
shutdown system that less than 10 minutes is needed to respond to 
spills.
    (2) We have deleted, as we proposed in the NPRM, the planned vapor 
control requirement from the regulations. We do not believe, any 
facility would opt for this alternative. In this final rule planned 
vapor control requirement will still be allowed as an alternative 
through a waiver.
    (3) We have retained the requirement for 2.5% lower flammable limit 
(LFL) concentration at the outer boundary of flammable vapor to provide 
a reasonable margin of safety. The DEGADIS model predicts only average 
concentration of LNG. Because vapor does not disperse uniformly, 
pockets of 5% LFL concentration could be adjacent to the average 
distance line predicted by the model. In other words, the model can 
under predict the actual concentration of LNG. Because many assumptions 
go in the formula, the distances predicted are not always accurate. 
Using a 2:1 safety margin was suggested by those who developed this 
model. On August 19, 1999, the NFPA 59A committee discussed this issue 
in great detail and voted to revise ANSI/NFPA 59A standard to require a 
2.5% LFL in lieu of 5% LFL. Therefore, we see no need to revise the 
current concentration level in the regulations.
    In this final rule, we are allowing use of the FEM3A vapor 
dispersion model as an alternate to DEGADIS. The FEM3A model accounts 
for additional cloud dilution which may be caused by the complex flow 
patterns induced by tank and dike structures. Dispersion distances are 
calculated in accordance with this model described in Gas Research 
Institute report GRI-96/0396.5, ``Evaluations of Mitigation Methods for 
Accidental LNG Releases. Volume 5: Using FEM3A for LNG Accident 
Consequence Analyses.''
    (4) ANSI/NFPA 59A standard also requires a one hour duration for 
spills from tanks fitted with internal shutoff valves. We have 
referenced ANSI/NFPA 59A for determining design spills.
    Proposed requirement on determining Vaporization design rate under 
193.2059(d) has been deleted in this rule to allow operators more 
flexibility in computing.

[[Page 10954]]

Section 193. 2063  Flooding Section; 193. 2069--Other Severe Weather 
and Natural Conditions; and Section 193.2071--Adjacent Activities

    We proposed to retain these sections because the subjects that 
these sections cover are not addressed adequately in ANSI/NFPA 59A. 
NFPA commented the ``general plant site consideration'' requirement 
under section 2-1.1 of ANSI/NFPA 59A adequately addresses these 
subjects.
    Response--We agree that NFPA standard requires evaluation of 
potential incidents and the inclusion of safety measures in the design 
or operation of the facility in lieu of specifying natural disasters. 
Also, the NFPA standard requires consideration of factors applicable to 
the specific site that may have a bearing on the safety of plant 
personnel and the public. We believe this performance language meets 
the intent of our regulation. Therefore, requirements in sections 193. 
2063, 193.2069, and 193.2071 have been removed.

Section 193.2067  Wind Forces

    We proposed to retain this section because ANSI/NFPA 59A does not 
take into consideration uncertainties associated with high winds and 
storms, such as hurricanes. NFPA commented that Paragraph 4-1.4 of 
ANSI/NFPA 59A does take into account wind and snow loads by reference 
to ASCE 7 (90-100 mph), using a 100-year mean occurrence. NFPA also 
said this reference applies to LNG tanks, and noted that spill 
prevention during a hurricane is a maximum priority of this reference. 
Therefore, NFPA suggested reference for this section be given to ANSI/
NFPA 59A.
    Response--In the proposal, we reduced wind speed from 200 to 150 
mph under (b)(2)(i), because 94% of hurricanes, according to a study, 
have wind speeds of less than 150 mph. Further, lower wind speed design 
may be approved by the Administrator, so long as the reduction is 
justified by adequate supportive data. Therefore, this section has been 
retained as proposed.

Subpart C--Design

Section 193.2101  Scope

    We have revised the text of the scope under this section to avoid 
duplication and confusion. The revised scope now states that each LNG 
facility designed after the effective date of the final rule must be 
designed in accordance with requirements of this part and of ANSI/NFPA 
59A. In the event of a conflict between this part and ANSI/NFPA 59A, 
this part prevails.

Section 193.2119  Records

    In the preamble of the NPRM we said this Section was necessary to 
verify material properties. However, in the rule section of the NPRM we 
inadvertently omitted it. In this final rule, we are retaining this 
requirement.

Section 193.2125  Automatic Shutoff Valves

    In the NPRM we proposed to retain this section because it requires 
avoidance of fluid-hammer, and because Part 193 better defines fail-
safe. NFPA commented that ANSI/NFPA 59A has specific reference to ASME 
B31.3, B31.5, B31.8, and API 6D for valve design and selection 
criteria. And these consensus standards provide sufficient safeguards 
including fluid-hammer.
    Response--We agree with the NFPA comment that consensus standards 
like ASME B31.3, B31.8, and API 6D referenced in the ANSI/NFPA 59A for 
the valve design and selection criteria provide sufficient safeguards. 
Also, discussions with LNG plant designers and consultants revealed 
that fluid-hammer is taken into consideration as standard practice in 
the selection of valves for LNG pipes. Therefore, we are deleting this 
specific requirement by removing Sec. 193.2125.

Section 193.2149  Impoundment Required

    In the NPRM we proposed to retain this section because it requires 
grading, drainage or an impounding system around transfer piping and 
parking areas for loaded LNG trucks. These items are not covered in the 
ANSI/NFPA 59A. NFPA and two operators objected to this requirement. 
NFPA said that impoundment is not required for transfer piping because 
spills are controlled by the valves in the piping. NFPA and one 
operator alleged that there is no data to support impoundment for the 
truck parking areas at the LNG plants, when they are able to park in 
other areas, and are intended for movement over streets and highways.
    Response--After discussions with the LNG plant operators, designers 
and consultants we have determined that the most likely sources of 
leaks within LNG plant are LNG storage tanks, cargo transfer areas, and 
vaporizers and process equipment, which are all addressed in paragraph 
2-2.1.2 of the ANSI/NFPA 59A. Therefore, we believe ANSI/NFPA 59A will 
satisfy this requirement, and we are removing Sec. 193.2149.

Section 193.2155  Structural Requirements

    Proposed paragraph (b) under section 193.2155 reduced distance 
requirements from LNG tanks to airport runways. It also removed 
requirements for concrete dikes capable of withstanding the impact of 
the largest aircraft serving that airport. One commenter suggested that 
the proposed paragraph (b) should be moved into Subpart B (Siting 
requirements), because it relates to siting and not structural 
requirements.
    Response--This requirement was originally placed under the Design 
subpart because it contains structural performance and integrity 
specifications. Although this regulation also relates to siting, we 
rather retain it under the Design subpart so readers do not 
misunderstand and think this requirement has been removed.

Section 193.2159  Floors

    The NPRM proposed retaining this section because ANSI/NFPA 59A did 
not address this requirement adequately. Further review of ANSI/NFPA 
59A reveals that Section 2-2 of this standard covers the same 
requirement with performance-related language. Therefore, we are 
deleting this section from the final rule.

Section 193.2161  Dikes, General

    The NPRM proposed retaining the prohibition on any penetration 
through dike walls. AGA stated that prohibiting dike penetration is 
unjustified given the safety record of LNG facilities.
    Response--Paragraph 2-2.2.4 in the ANSI/NFPA 59A permits 
penetration of the dike only if they are designed to withstand the full 
hydrostatic head of the impounded LNG or flammable refrigerant, the 
effect of rapid cooling to the temperature of the liquid to be 
confined, any anticipated fire exposure, and natural forces, such as 
earthquakes, wind, and rain. We are satisfied with the dike penetration 
requirements in ANSI/NFPA 59A. Therefore, this requirement has been 
removed in this rule.
    We are retaining paragraph (b) of the proposed rule.

Section 193.2167  Covered Systems

    We had proposed retaining this provision in the NPRM. However, 
because covered impoundment systems are considered unsafe, we do not 
anticipate that such systems will be built in the future. This 
requirement has been deleted, except for concrete wall tanks where the 
concrete wall is an outer wall serving as a dike.

[[Page 10955]]

Section 193.2171  Sump Basins

    The NPRM proposed requiring a sump basin in each impounding system. 
Upon further reconsideration, we believe requiring a sump basin in each 
impoundment system for collection of water is design restrictive, so we 
have removed this requirement.

Section 193.2173  Water Removal

    This section of the proposed rule is retained with some 
modification to paragraph (a). Paragraph (a) now states that 
impoundment areas must be constructed such that all areas drain 
completely to prevent water collection. Sump pumps and piping must be 
provided to remove water from the sump basin. Alternative means of 
drainage may be acceptable subject to the RSPA Administrator's 
approval.
    Paragraph (b) has been retained as proposed.

Section 193.2175  Shared Impoundment

    The NPRM proposed retaining this requirement. Upon reconsideration 
this provision been removed because it is covered in paragraph 2-2.2.1 
of ANSI/NFPA 59A.

Section 193.2179  Impoundment Capacity: General

    The NPRM proposed retaining this requirement. This provision has 
been removed because it is covered in paragraph 2-2.2.1 of ANSI/NFPA 
59A.

Section 193.2183  Impoundment Capacity: Equipment and Transfer Systems

    We proposed a minimum 10 minute spill period to avoid confusion 
among operators because spill time was not specified. AGA, NEGA, and 
two operators objected to our minimum 10 minute spill time requirement 
and suggested DOT should follow ANSI/NFPA 59A and allow for design of 
an impounding area with a volumetric capacity to accommodate a 
discharge period less than 10 minutes. The commenters indicated this 
would enable operators to utilize current technology, materials, and 
practices. The commenters also suggested that a shorter period (less 
than 10 minutes) should be allowed based on demonstrable instrument 
surveillance and emergency shutdown provisions.
    Response--We agree that current technology, instrumentation, and 
control systems could achieve emergency shutdown in a very short time. 
Therefore, we are removing section 193.2183 as proposed and instead in 
the final rule allowing a shorter design spill time based on 
demonstrable instrument surveillance and emergency shutdown systems by 
referencing ANSI/NFPA 59A.
    In the same section of impoundment capacity for transfer systems, 
one operator objected to including discharge from permanent transfer 
piping in the impoundment capacity calculations, and suggested we 
should instead use failure of cargo transfer piping. The commenter's 
justification is that impoundment along the permanent piping from 
liquefaction process to the LNG tanks and from the LNG tanks to loading 
arms, adds significantly to the plant cost without addressing a 
realistic release scenario. This commenter said that ANSI/NFPA 59A 
specifically excludes permanent plant piping from the definition of 
transfer area.
    Response--We agree and have removed this requirement as explained 
above in Section 193.2149.

Section 193.2185  Impoundment Capacity: Parking Areas, Portable 
Containers

    The NPRM proposed retaining this requirement. We are removing this 
section because it is covered in performance language in ANSI/NFPA 59A.

Section 193.2187  General

    The NPRM retained this section. In this rule, the title of this 
Section is changed to Nonmetallic membrane liner. Paragraph (a) has 
been removed because it is no longer applicable. Paragraph (b) has been 
retained.

Section 193.2191  Stratification

    The NPRM proposed retaining this requirement because it specified a 
method to prevent rollover. In this rule, this requirement is removed 
because all plant designers are familiar with rollover prevention 
methods and it is addressed in ANSI/NFPA 59A.

Sections 193.2205  Frost Heave and 193.2207 Insulation

    The NPRM proposed retaining these requirements. Further review 
indicates that both requirements are addressed in ANSI/NFPA 59A. 
Therefore, they have been removed in this rule.

Section 193.2209  Instrumentation for LNG Storage Tanks

    We retained this section in the NPRM because ANSI/NFPA 59A does not 
require any recorders. One commenter said ANSI/NFPA 59A adequately 
covers it. Continuous monitoring or short interval scanning, trending, 
and multi-level alarms for process variables and tank levels are 
standard features of current computer based monitoring and control 
devices. This commenter said that ANSI/NFPA 59A and sound engineering 
practice make it unnecessary to retain this section to provide an added 
level of safety.
    Response--We agree that all plants designed today will have 
necessary instrumentation and electronic recording systems. ANSI/NFPA 
59A covers basic requirements for instrumentation. Therefore, we have 
removed this section from the final rule.

Subpart D--Construction

Section 193.2301

    We have revised the text in the scope section to avoid duplication 
and confusion. The revised scope now states that each LNG facility 
constructed after the effective date of the final rule must be 
constructed in accordance with requirements of this part and of ANSI/
NFPA 59A. In the event of a conflict between this part and ANSI/NFPA 
59A, this part prevails.

Section 193.2303  Construction Acceptance

    Is unchanged except that a reference to ANSI/NFPA 59A has been 
added.

Section 193.2304  Corrosion Control Overview Is Unchanged

Section 193.2305  Procedures; Section 193.2307  Inspection; Section 
193.2315  Piping Connections; and Section 193.2317  Retesting

    The NPRM proposed retaining some provisions that we believed were 
not adequately addressed in ANSI/NFPA 59A. One commenter said that the 
NPRM did not adequately explain why these sections should be retained. 
The commenter said that the procedures and specifications in ANSI/NFPA 
59A and the various codes and consensus standards it incorporates by 
reference, such as, ASME, ASTM, ACI, ASCE, TEMA, API and others, 
provide more detail and necessary requirements for design, selection, 
construction, testing procedures. The commenter further said these 
codes and consensus standards provide appropriate requirements for 
inspection and piping connections. The commenter cited a few specific 
sections of ANSI/NFPA 59A where requirements for inspection and piping 
connections are detailed.
    Response--Upon reconsideration we agree with the comment that ANSI/
NFPA 59A coverage is adequate. Therefore, the above sections have been 
removed from this rule.

[[Page 10956]]

Section 193.2321  Nondestructive Tests

    We revised this section in the NPRM by retaining requirements not 
adequately addressed in ANSI/NFPA 59A. One commenter suggested that 
material in this section is covered in section 6-6.3 of ANSI/NFPA 59A, 
and the section could be deleted without compromising safety.
    Response--We agree that proposed Section 193.2321 paragraphs (a) 
and (b) are covered in ANSI/NFPA 59A. However, the requirement in 
paragraph (c) which states that welds on ASME tanks that are subject to 
cryogenic temperatures be subject to 100% radiographic tests is 
critical and therefore, is retained.

Section 193.2325  Testing Control Systems

    In the NPRM we retained this requirement, but further review 
indicates NFPA does not use the term ``control system'' but instead 
uses the terms ``testing of components'' or ``testing of component 
systems'' in various sections of ANSI/NFPA 59A. Thus, ANSI/NFPA 59A 
covers this requirement. Therefore, this requirement is removed in the 
rule.

Section 193.2329  Construction Records

    Paragraphs 6-6.2, 6-6.5, and 6-6.6 of ANSI/NFPA 59A cover this 
requirement adequately. Therefore, section has been deleted from this 
rule.

Subpart E--Equipment

Section 193.2401  Scope

    The scope in this rule has been revised. It states that after the 
effective date of the final rule, vaporization equipment, liquefaction 
equipment, and control systems must be designed, fabricated, and 
installed in accordance with requirements of this part and of ANSI/NFPA 
59A. In the event of a conflict between this part and ANSI/NFPA 59A, 
this part prevails.

Section 193.2407--Operation control; Section 193.2409--Shutoff Valves; 
Section 193.2413--Combustion Air Intakes; Section 193.2417--Control of 
Incoming Gas; Section 193.2419--Backflow, Section 193.2421--Cold Boxes; 
Section 193.2427--General; Section 193.2429--Relief Devices; Section 
193.2431--Vents; Section 193.2433--Sensing Devices; Section 193.2435--
Warning Devices; Section 193.2437--Pump and Compressor control; and 
Section 193.2439--Emergency Shutdown Control Systems

    These requirements have been deleted from the final rule. All of 
these requirements are equivalent to requirements in ANSI/NFPA 59A.

Sections 193.2441  Control Center, and 193.2445--Sources of Power

    Have been retained in the rule.

Section 193.2443  Fail-safe Control

    This section is deleted because it is covered in section 7-5 of 
ANSI/NFPA 59A.

Subpart F--Operations & Subpart G--Maintenance

Section 193.2521  Operating Records and Section 193.2639  Maintenance 
Records

    In the NPRM, we revised these sections to include operation records 
of results of inspection tests, investigation and data of instrument 
recorders, and maintenance records of periodic tests and inspections 
requirements, of both Part 193 and ANSI/NFPA 59A. AGA, NEGA, and two 
other operators raised concerns that this revision requires existing 
recordkeeping requirements and unspecified additional recordkeeping 
requirements from ANSI/NFPA 59A. The commenters assert that this 
revision may lead to confusion unless specific sections of ANSI/NFPA 
59A are identified. In existing facilities, they argue, it may not be 
possible to produce the new records required by ANSI/NFPA 59A. The 
commenters suggested that current operations and maintenance 
requirements should not be changed.
    Response--The additional operation and maintenance records that 
ANSI/NFPA 59A requires are applicable only to those LNG facilities that 
are designed and constructed after the effective date of this final 
rule. Operations and maintenance requirements of existing LNG 
facilities will not be affected by this rulemaking. This final rule 
clarifies that ambiguity.

Section 193.2609--Support Systems

    We proposed adding an inspection time frame to the existing 
inspection requirements for support systems. AGA and NEGA objected to 
placing additional burdens on LNG operators, especially when Section 
193.2605 allows operators to determine and perform necessary periodic 
inspections consistent with generally accepted engineering practice. 
Both commenters supported keeping maintenance requirements under 
193.2609 unchanged.
    Response--We agree with the comment that Section 193.2609 provides 
operator sufficient flexibility to determine inspection time frames. 
Therefore, this proposed requirement is deleted.

Section 193.2611  Fire Protection

    In the NPRM, we proposed an additional requirement that would 
require operators to have a maintenance program for all plant fire 
protection equipment. AGA commented that the proposed change was 
unnecessary since 193.2605(b) already covers it.
    Response--We agree with the AGA's comment that Section 193.2605(b) 
covers this proposed requirement. Therefore, it has been deleted.

Section 193.2619  Control Systems

    We proposed under section 193.2619(c) a yearly (not exceeding 15 
months) inspection and testing of control systems in service, but not 
normally in operation, such as relief valves and automatic shutdown 
devices, and internal shutoff valves. AGA, NEGA and one operator 
disagreed with this proposed change. NEGA said this requirement could 
be erroneously interpreted as a requirement to inspect the valve itself 
(inside the tank) rather than the control system associated with the 
valve. One operator commented that this requirement should be clarified 
to apply only to those tanks with external pumps. AGA said this 
requirement is excessive, impractical, and impossible to enforce.
    Response--We have revised the wording to clarify that the control 
system for internal shutoff valves for bottom penetration tanks must be 
inspected and tested every year. It means that valve operation must be 
tested. This should not be interpreted as inspection of the valve 
inside the tank. Revised wording should alleviate any confusion. This 
requirement is important because we have allowed shorter design spill 
times for tanks with internal shutoff valves.
    Another commenter suggested that under section 193.2619(c)(2) 
inspection and testing requirements for control systems intended for 
fire protection be extended from six months to yearly not exceeding 15 
months. This commenter said that six months is excessive for this type 
of system inspection.
    Response--We believe a six month interval for inspection and 
testing is necessary to ensure proper operation of fire protection 
systems. Fire protection systems are the most critical safety feature 
of an LNG facility and the smallest possible margin for error must be 
sought. Therefore, the current requirement is not changed.

[[Page 10957]]

Subpart H--Personnel Qualification and Training

Section 193.2717  Training: Fire Protection

    Although DOT did not propose any changes to the subpart on 
training, AGA recommended incorporating the fire protection training 
requirements under section 9-1.4.2 of ANSI/NFPA 59A. AGA believes the 
fire protection training requirements of NFPA, the experts in the 
industry, should supercede any other standards.
    Response--Currently Part 193 requires fire protection training 
every two years and ANSI/NFPA 59A requires training every year. With 
the excellent safety record of LNG industry we do not see a need for 
making this requirement more burdensome.

Subpart I--Fire Protection

Section 193.2801  Scope

    We proposed to replace subpart I, except for a few sections with 
important safety features which are not adequately addressed in ANSI/
NFPA 59A, by referencing ANSI/NFPA 59A, Chapters 2 and 9. AGA, NEGA, 
and two operators commented that combining some requirements of Part 
193 and the requirements of ANSI/NFPA 59A would create duplicate and 
conflicting requirements, would be expensive, and would not enhance 
safety. One commenter said that exclusion from the fire protection 
requirements of ANSI/NFPA 59A for existing LNG plants that temporarily 
do not contain LNG should be expanded to include fire protection at all 
existing LNG plants.
    Response--After review of requirements in this subpart and ANSI/
NFPA 59A, and discussions with LNG plant operators, designers and 
consultants, we have determined that the fire protection requirements 
of ANSI/NFPA 59A are adequate. Therefore, in this rule we are 
referencing ANSI/NFPA 59A without any additional requirements in 
subpart I.

Section 193.2807  Smoking

    We proposed to retain paragraph (c) regarding ``No Smoking'' signs. 
One commenter said this requirement would result in excessive signage 
and not necessarily control smoking at the plant.
    Response--This requirement had been removed along with all other 
fire protection requirements contained in Subpart I for reasons stated 
above.

Section 193.2817  Fire Equipment and Section 193.2821  Fire detection

    One commenter said that the revision to this section requires 
additional fire protection equipment, additional unspecified fire 
alarms from ANSI/NFPA 59A, and additional protection or cooling 
requirements for critical components. The commenter said these 
requirements should be specifically identified with reference to the 
appropriate section of ANSI/NFPA 59A.
    Response--These requirements have been removed in Subpart I for 
reasons stated above. The ANSI/NFPA 59A requirements will apply to LNG 
facilities designed and constructed after the effective date of this 
final rule.

Section 193.2819  Gas detection

    Response--This requirement had been removed in Subpart I for 
reasons stated above.

Subpart J--Security.

    This subpart is retained.

Appendix A to Part 193

    Is revised to reflect changes in the list of Organizations and 
addresses and list of documents incorporated by reference due to Part 
193 revisions. One new document added in the list is the GRI-96/
0396.5--``Evaluation of Mitigation Methods for Accidental LNG Releases, 
Volume 5: Using FEM3A for LNG Accident Consequence Analysis.''

Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    The Department of Transportation (DOT) does not consider this 
action to be a significant regulatory action under section 3(f) of 
Executive Order 12866 (58 FR 51735; October 4,1993). Therefore, it was 
not forwarded to the Office of Management and Budget. This final rule 
is not significant under DOT's regulatory policies and procedures (44 
FR 11034: February 26, 1979).
    This final rule amends 49 CFR Part 193 by replacing substantive 
sections of the current regulation with ANSI/NFPA Standard 59A, titled 
``Standard for the Production, Storage and Handling of Liquefied 
National Gas (LNG)''. The purpose of this adoption is to enable 
operators to utilize current technology, materials, and practices, 
thereby reducing costs and enhancing national growth. This change to 
Part 193 will eliminate unnecessary and burdensome requirements. 
Further the adoption of industry standards is consistent with the 
President's goals of regulatory reinvention and improvement of customer 
service to the American people. Adoption of industry standards also 
meets the goals of OMB's Budget Circular A-119, ``Federal Participation 
in the Development and Use of Voluntary Standards,'' promoting adoption 
of voluntary consensus standards wherever possible.
    The NFPA has a standing committee which regularly reviews ANSI/NFPA 
59A. RSPA has a representative on this committee, and RSPA sought the 
committee's input in several discussions concerning the adoption of 
ANSI/NFPA 59A into Part 193. Members of the ANSI/NFPA 59A technical 
committee include: RSPA, Federal Energy Regulatory Commission, Coast 
Guard, State governments, insurance interests, contractors, and fire 
departments. Representation by this group ensures that essentially all 
interests involved in LNG safety issues have been represented in this 
standard. The NFPA has over 67,000 individual members and includes over 
100 national trade and professional groups. Its goal as an organization 
is to reduce the burden of fire on the quality of life by advocating 
scientifically based consensus codes and standards, research, and 
education for fire safety issues.
    As mentioned above, there should be little to no cost to the 
industry to adopt these regulations as LNG operators are already well 
aware of these standards and they are already being implemented by the 
industry. In fact adoption of this rule should actually reduce the 
costs to industry as the main purpose of this rule is to allow the 
adoption of newer technology that was not anticipated when the earlier 
LNG regulations were promulgated. Because this rule does not represent 
any new burden to the industry and in fact will reduce costs, RSPA 
believes that a regulatory evaluation of this rule is unnecessary. 
Furthermore, adoption of this rule meets the guidelines of Federal 
Government policy discussed above while reducing the administrative 
burdens on industry and allowing for the use of the latest technology 
and practices.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA 
must consider whether a rulemaking would have a significant economic 
impact on a substantial number of small entities. As discussed above, 
RSPA is amending part 193 by replacing substantive portions of this 
subpart with the adoption of consensus industry standards developed by 
the NFPA. These safety standards are well known and have been 
implemented by operators of LNG facilities throughout the United Sates. 
The replacement of major portions of Part 193 with the ANSI/NFPA 59A 
standard should in fact reduce costs of the present regulations to LNG 
operators, including

[[Page 10958]]

any small operators, and allow the use of more current technologies as 
mentioned in the previous section. RSPA invited comments from small 
business operators who objected to this rule, and received no comments 
addressing this issue. Based on the above discussion, I certify 
pursuant to Section 605 of the Regulatory Flexibility Act (5 U.S.C. 
605) that the action will not have a significant economic impact on a 
substantial number of small entities.

Executive Order 13084

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13084 do not apply.

Executive Order 13132

    This rule has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not adopt any regulation that:
    (1) Has substantial direct effects on the States, the relationship 
between the national government and the States, or the distribution of 
power and responsibilities among the various levels of government;
    (2) Imposes substantial direct compliance costs on States and local 
governments; or
    (3) Preempts state law.
    Therefore, the consultation and funding requirements of Executive 
Order 13132 (64 FR 43255; August 10, 1999) do not apply. Nevertheless, 
in February and April 1998, RSPA held meetings with the National 
Association of Pipeline Safety Representatives (NAPSR) LNG Part 193 
committee, which includes state pipeline safety regulators, to receive 
their input on the changes to this rule.

Unfunded Mandates

    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 least burdensome 
alternative that achieves the objective of the rule.

Paperwork Reduction Act

    This rule does not substantially modify the paperwork burden on LNG 
industry. OPS does not believe that LNG industry will have any 
additional paperwork burden because of the incorporation by reference 
of these consensus standards, and therefore no separate paperwork 
submission is required.

National Environmental Policy Act

    RSPA has analyzed this action for purposes of the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and has determined 
that this action would not significantly affect the quality of the 
human environment. An Environmental Assessment and a Finding of No 
Significant Impact are in the docket.

Impact on Business Processes and Computer Systems

    We do not want to impose new requirements that would mandate 
business process changes when the resources necessary to implement 
those requirements would otherwise be applied to ``Y2K'' or related 
computer problems. This final rule does not mandate business process 
changes or require modifications to computer systems. Because this rule 
does not affect organizations' ability to respond to those problems, we 
are not delaying the effectiveness of the requirements.

List of Subjects in 49 CFR Part 193

    Construction, Design, Equipment, Fire protection, Incorporation by 
reference, Liquefied natural gas, Maintenance, Operation, Pipeline 
safety, Reporting and recordkeeping, and Siting requirements.

    Accordingly, RSPA amends 49 CFR 193 as follows:

PART 193--[AMENDED]

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

    Authority: 49 U.S.C. 5103, 60102, 60103, 60111, 60118 and 49 CFR 
1.53.

Subpart A--General

* * * * *


Sec. 193.2003  [Removed and reserved]

    2. Section 193.2003 is removed and reserved.


    3. Section 193.2005 is revised to read as follows:


Sec. 193.2005  Applicability.

    (a) Safety requirements mandating compliance with standard ANSI/
NFPA 59A and other changes in this part governing siting, design, 
construction, equipment, fire protection, operation and maintenance 
apply to LNG facilities placed in service after March 31, 2000 unless 
otherwise noted.
    (b) If an existing LNG facility (or facility under construction 
before March 31, 2000 is replaced, relocated or significantly altered 
after March 31, 2000, the facility must comply with the applicable 
requirements of this part governing, siting, design, installation, and 
construction, except that:
    (1) The siting requirements apply only to LNG storage tanks that 
are significantly altered by increasing the original storage capacity 
or relocated, and
    (2) To the extent compliance with the design, installation, and 
construction requirements would make the replaced, relocated, or 
altered facility incompatible with the other facilities or would 
otherwise be impractical, the replaced, relocated, or significantly 
altered facility may be designed, installed, or constructed in 
accordance with the original specifications for the facility, or in 
another manner subject to the approval of the Administrator.


Sec. 193.2007  Definitions.

    4. Section 193.2007 is amended by removing ``including an 
underground cavern'' from definition of Storage tank, ``or 
solidifying'' from definition of LNG facility, and ``or semisolid'' 
from definitions of Liquefied natural gas or LNG, Vaporization, and 
Vaporizer.

Subpart B--Siting Requirements

    5. Section 193.2051 is revised to read as follows:


Sec. 193.2051  Scope.

    Each LNG facility designed, constructed, replaced, relocated or 
significantly altered after March 31, 2000 must be provided with siting 
requirements in accordance with the requirements of this part and of 
ANSI/NFPA 59A. In the event of a conflict between this part and ANSI/
NFPA 59A, this part prevails.


Sec. 193.2055  [Removed and reserved]

    6. Section 193.2055 is removed and reserved.

    7. Section 193.2057 is revised to read as follows:


Sec. 193.2057  Thermal radiation protection.

    Each LNG container and LNG transfer system must have a thermal 
exclusion zone in accordance with section 2-2.3.1 of ANSI/NFPA 59A with 
the following exceptions:
    (a) The thermal radiation distances shall be calculated using Gas 
Research

[[Page 10959]]

Institute's (GRI) report GRI-89/0176, which is also available as the 
``LNGFIRE III'' computer model produced by GRI. The use of other 
alternate models which take into account the same physical factors and 
have been validated by experimental test data shall be permitted 
subject to the Administrator's approval.
    (b) In calculating exclusion distances, the wind speed producing 
the maximum exclusion distances shall be used except for wind speeds 
that occur less than 5 percent of the time based on recorded data for 
the area.
    (c) In calculating exclusion distances, the ambient temperature and 
relative humidity that produce the maximum exclusion distances shall be 
used except for values that occur less than five percent of the time 
based on recorded data for the area.

    8. Section 193.2059 is revised to read as follows:


Sec. 193.2059  Flammable vapor-gas dispersion protection.

    Each LNG container and LNG transfer system must have a dispersion 
exclusion zone in accordance with section 2-2.3.2 of ANSI/NFPA 59A with 
the following exceptions: (a) Flammable vapor-gas dispersion distances 
must be determined in accordance with the model described in the Gas 
Research Institute report GRI-89/0242, ``LNG Vapor Dispersion 
Prediction with the DEGADIS Dense Gas Dispersion Model.'' 
Alternatively, in order to account for additional cloud dilution which 
may be caused by the complex flow patterns induced by tank and dike 
structure, dispersion distances may be calculated in accordance with 
the model described in the Gas Research Institute report GRI 96/0396.5, 
``Evaluation of Mitigation Methods for Accidental LNG Releases. Volume 
5: Using FEM3A for LNG Accident Consequence Analyses''. The use of 
alternate models which take into account the same physical factors and 
have been validated by experimental test data shall be permitted, 
subject to the Administrator's approval.
    (b) The following dispersion parameters must be used in computing 
dispersion distances:
    (1) Average gas concentration in air = 2.5 percent.
    (2) Dispersion conditions are a combination of those which result 
in longer predicted downwind dispersion distances than other weather 
conditions at the site at least 90 percent of the time, based on 
figures maintained by National Weather Service of the U.S. Department 
of Commerce, or as an alternative where the model used gives longer 
distances at lower wind speeds, Atmospheric Stability (Pasquill Class) 
F, wind speed = 4.5 miles per hour (2.01 meters/sec) at reference 
height of 10 meters, relative humidity = 50.0 percent, and atmospheric 
temperature = average in the region.
    (3) The elevation for contour (receptor) output H = 0.5 meters.
    (4) A surface roughness factor of 0.03 meters shall be used. Higher 
values for the roughness factor may be used if it can be shown that the 
terrain both upwind and downwind of the vapor cloud has dense 
vegetation and that the vapor cloud height is more than ten times the 
height of the obstacles encountered by the vapor cloud.
    (c) The design spill shall be determined in accordance with section 
2-2.3.3 of ANSI/NFPA 59A.


Secs. 193.2061-193.2065  [Removed and reserved]

    9. Sections 193.2061 through 193.2065 are removed and reserved.
    10. Section 193.2067 is amended by revising paragraphs (b)(1) and 
(b)(2)(i) to read as follows:


Sec. 193.2067  Wind forces

* * * * *
    (b) * * *
    (1) For shop fabricated containers of LNG or other hazardous fluids 
with a capacity of not more than 70,000 gallons, applicable wind load 
data in ASCE 7.
    (2) * * *
    (i) An assumed sustained wind velocity of not less than 150 miles 
per hour, unless the Administrator finds a lower velocity is justified 
by adequate supportive data; or
* * * * *


Secs. 193.2069-193.2073  [Removed and reserved]

    11. Sections 193.2069 through 193.2073 are removed and reserved.

Subpart C--Design

    12. Section 193.2101 is revised to read as follows:


Sec. 193.2101  Scope.

    Each LNG facility designed after March 31, 2000 must comply with 
requirements of this part and of ANSI/NFPA 59A. In the event of a 
conflict between this part and ANSI/NFPA 59A, this part prevails.


Secs. 193.2103-193.2117  [Removed and reserved]

    13. Sections 193.2103 through 193.2117 are removed and reserved.


Secs. 193.2121-193.2153  [Removed and reserved]

    14. Sections 193.2121 through 193.2153 are removed and reserved.

    15. Section 193.2155 is amended by removing paragraph (b), 
redsignating paragraph (c) as paragraph (b), and revising paragraph (a) 
introductory text and newly designated paragraph (b) to read as 
follows:


Sec. 193.2155  Structural requirements.

    (a) The structural members of an impoundment system must be 
designed and constructed to prevent impairment of the system's 
performance reliability and structural integrity as a result of the 
following:
* * * * *
    (b) An LNG storage tank must not be located within a horizontal 
distance of one mile (1.6 km) from the ends, or \1/4\ mile (0.4 km) 
from the nearest point of a runway, whichever is longer. The height of 
LNG structures in the vicinity of an airport must also comply with 
Federal Aviation Administration requirements in 14 CFR Section 1.1.


Secs. 193.2157-193.2159  [Removed and reserved]

    16. Sections 193.2157 through 193.2159 are removed and reserved.
    17. Section 193.2161 is revised to read as follows:


Sec. 193.2161  Dikes, general.

    An outer wall of a component served by an impounding system may not 
be used as a dike unless the outer wall is constructed of concrete.


Secs. 193.2163-193.2165  [Removed and reserved]

    18. Sections 193.2163 through 193.2165 are removed and reserved.

    19. Section 193.2167 is revised to read as follows:


Sec. 193.2167  Covered systems.

    A covered impounding system is prohibited except for concrete wall 
designed tanks where the concrete wall is an outer wall serving as a 
dike.


Secs. 193.2169-193.2171  [Removed and reserved]

    20. Sections 193.2169 through 193.2171 are removed and reserved.

    21. Section 193.2173 is amended by revising paragraphs (a) and (b) 
to read as follows:


Sec. 193.2173  Water removal.

    (a) Impoundment areas must be constructed such that all areas drain 
completely to prevent water collection. Drainage pumps and piping must 
be provided to remove water from

[[Page 10960]]

collecting in the impoundment area. Alternative means of draining may 
be acceptable subject to the Administrator's approval.
    (b) The water removal system must have adequate capacity to remove 
water at a rate equal to 25% of the maximum predictable collection rate 
from a storm of 10-year frequency and 1-hour duration, and other 
natural causes. For rainfall amounts, operators must use the ``Rainfall 
Frequency Atlas of the United States'' published by the National 
Weather Service of the U.S. Department of Commerce.
* * * * *


Secs. 193.2175-193.2179  [Removed and reserved]

    22. Sections 193.2175 through 193.2179 are removed and reserved.

    23. Section 193.2181 is revised to read as follows:


Sec. 193.2181  Impoundment capacity: LNG storage tanks.

    Each impounding system serving an LNG storage tank must have a 
minimum volumetric liquid impoundment capacity of:
    (a) 110 percent of the LNG tank's maximum liquid capacity for an 
impoundment serving a single tank;
    (b) 100 percent of all tanks or 110 percent of the largest tank's 
maximum liquid capacity, whichever is greater, for the impoundment 
serving more than one tank; or
    (c) If the dike is designed to account for a surge in the event of 
catastrophic failure, then the impoundment capacity may be reduced to 
100 percent in lieu of 110 percent.


Sec. 193.2183 and 193. 2185  [Removed and reserved]

    24. Sections 193.2183 and 1913.2185 are removed and reserved.

    25. Section 193.2187 is revised to read as follows:


Sec. 193.2187  Nonmetallic membrane liner.

    A flammable nonmetallic membrane liner may not be used as an inner 
container in a storage tank.


Secs. 193.2189-193.2233  [Removed and reserved]

    26. Sections 193.2189 through 193.2233 are removed and reserved.

Subpart D--Construction

    27. Section 193.2301 is revised to read as follows:


Sec. 193.2301  Scope.

    Each LNG facility constructed after March 31, 2000 must comply with 
requirements of this part and of ANSI/NFPA 59A. In the event of a 
conflict between this part and ANSI/NFPA 59A, this part prevails.

    28. Section 193.2303 is amended by adding a phrase ``and ANSI/NFPA 
59A.'' at the end of the section.


Sec. 193.2305-193.2319  [Removed and reserved]

    29. Sections 193.2305 through 193.2319 are removed and reserved.

    30. Section 193.2321 is revised to read as follows:


Sec. 193.2321  Nondestructive tests.

    The butt welds in metal shells of storage tanks with internal 
design pressure above 15 psig must be radiographically tested in 
accordance with the ASME Boiler and Pressure Vessel Code (Section VIII 
Division 1), except that hydraulic load bearing shells with curved 
surfaces that are subject to cryogenic temperatures, 100 percent of 
both longitudinal (or meridional) and circumferential (or latitudinal) 
welds must be radiographically tested.


Secs. 193.2323-193.2329  [Removed and reserved]

    31. Sections 193.2323 through 193.2329 are removed and reserved.

Subpart E--Equipment

    32. Section 193.2401 is revised to read as follows:


Sec. 193.2401  Scope.

    After March 31, 2000, each new, replaced, relocated or 
significantly altered vaporization equipment, liquefaction equipment, 
and control systems must be designed, fabricated, and installed in 
accordance with requirements of this part and of ANSI/NFPA 59A. In the 
event of a conflict between this part and ANSI/NFPA 59A, this part 
prevails.


Secs. 193.2403-193.2439  [Removed and reserved]

    33. Sections 193.2403 and 193.2439 are removed and reserved.


Sec. 193.2443  [Removed and reserved]

    34. Section 193.2443 is removed and reserved.

Subpart F--Operation

    35. Section 193.2521 is revised to read as follows:


Sec. 193.2521  Operating records.

    Each operator shall maintain a record of results of each 
inspection, test and investigation required by this subpart. For each 
LNG facility that is designed and constructed after March 31, 2000 the 
operator shall also maintain related inspection, testing, and 
investigation records that ANSI/NFPA 59A requires. Such records, 
whether required by this part or ANSI/NFPA 59A, must be kept for a 
period of not less than five years.

Subpart G--Maintenance

    36. Section 193.2619 in Subpart G is amended by revising paragraph 
(c) introductory text to read as follows:


Sec. 193.2619  Control systems.

* * * * *
    (c) Control systems in service, but not normally in operation, such 
as relief valves and automatic shutdown devices, and control systems 
for internal shutoff valves for bottom penetration tanks must be 
inspected and tested once each calender year, not exceeding 15 months, 
with the following exceptions:
* * * * *

    37. Section 193.2639 is amended by revising paragraph (a) to read 
as follows:


Sec. 193.2639  Maintenance records.

    (a) Each operator shall keep a record at each LNG plant of the date 
and type of each maintenance activity performed on each component to 
meet the requirements of this part. For each LNG facility that is 
designed and constructed after March 31, 2000 the operator shall also 
maintain related periodic inspection and testing records that ANSI/NFPA 
59A requires. Maintenance records, whether required by this part or 
ANSI/NFPA 59A, must be kept for a period of not less than five years.
* * * * *

Subpart I--Fire Protection

    38. Section 193.2801 is revised to read as follows:


Sec. 193.2801  Scope.

    Each LNG facility must meet fire prevention and fire control 
provisions of ANSI/NFPA 59A.


Secs. 193.2803-193.2821  [Removed and reserved]

    39. Sections 193.2803 through 193.2821 are removed and reserved.
* * * * *

    40. Appendix A to Part 193 is revised to read as follows:

Appendix A to Part 193--Incorporation by Reference

I. List of Organizations and Addresses

    A. American Gas Association (AGA), 400 North Capital St., 
Washington, D.C. 20001.
    B. American National Standards Institute (ANSI), 11 West 42nd 
St., New York, NY 10036.

[[Page 10961]]

    C. American Society of Civil Engineers (ASCE), Parallel Centre, 
1801 Alexander Bell Dr., Reston, VA 20191-4400.
    D. American Society of Mechanical Engineers (ASME), Three Park 
Ave., New York, NY 10016-5990.
    E. Gas Research Institute (GRI), 8600 West Bryn Mawr Ave., 
Chicago, IL 60631.
    F. National Fire Protection Association (NFPA), 1 Batterymarch 
Park, P.O. Box 9101, Quincy, MA 02269-9101.

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

A. American Gas Association (AGA):
    1. ``Purging Principles and Practices''--(1975)
B. American Society of Civil Engineers (ASCE):
    1. ASCE 7-95 ``Minimum Design Loads for Buildings and Other 
Structures'' (1995).
C. American Society of Mechanical Engineers (ASME):
    1. ASME Boiler and Pressure Vessel Code, Section VIII, Divisions 
1 and 2 (1998).
D. Gas Research Institute (GRI):
    1. GRI-89/0176 ``LNGFIRE: A Thermal radiation Model for LNG 
Fires'' (June 29, 1990).
    2. GRI-89/0242 ``LNG Vapor Dispersion Prediction with the DEGDIS 
Dense Gas Dispersion Model'' (April 1988-July 1990).
    3. GRI-96/0396.5 ``Evaluation of Mitigation Methods for 
Accidental LNG Releases, Volume 5: Using FEM3A for LNG Accident 
Consequence Analyses.''
E. National Fire Protection Association (NFPA):
    1. ANSI/NFPA 59A ``Standard for the Production, Storage, and 
Handling of Liquefied Natural Gas (LNG)'' (1996 edition).

    Issued in Washington, D.C. on February 11, 2000.
John P. Murray,
Acting Deputy Administrator.
[FR Doc. 00-3799 Filed 2-29-00; 8:45 am]
BILLING CODE 4910-60-P