[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Proposed Rules]
[Pages 62555-62557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27858]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[Docket No. RSPA-98-4868; Notice 2]


Notice of Public Meeting and Request for Comments

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

ACTION: Notice of public meeting and request for comments.

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SUMMARY: This notice announces a public meeting and an opportunity to 
submit written comments on the safety regulation of gas and hazardous 
liquid gathering lines. Congress has directed RSPA to define 
``gathering line'' for gas and hazardous liquid pipeline transportation 
and, if appropriate, define as ``regulated gathering line'' those rural 
gathering lines that, because of specific physical characteristics, 
should be regulated. The gas pipeline regulations do not clearly 
distinguish gathering lines from production facilities and transmission 
lines. This lack of clarity has caused many disputes between government 
and industry over whether the regulations cover particular pipelines. 
The current definition of hazardous liquid gathering has worked well. 
We will consider all public comments in developing future proposals on 
gathering lines.

DATES: The public meeting will occur Wednesday, November 19, 2003, from 
1 pm to 5 pm, and Thursday, November 20, 2003, from 8 am to 5 pm.

ADDRESSES: The meeting will take place at the Omni Austin Hotel, 700 
San Jacinto Blvd, Austin, Texas 78701 (phone: 512-476-3700). If you 
want to make an oral presentation, please notify Janice Morgan by 
November 14, 2003, by phone (202-366-2392 ) or by e-mail 
([email protected]), and state the approximate length of your 
presentation. In addition, you may submit written comments to the 
docket by December 19, 2003. Late filed comments will be considered as 
far as practicable. You may submit written comments by mail or delivery 
to the Dockets Facility, U.S. Department of Transportation, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. It is open 
from 10 am to 5 pm, Monday through Friday, except Federal holidays. All 
written comments should identify the docket and notice numbers stated 
in the heading of this notice. Anyone wanting confirmation of mailed 
comments must include a self-addressed stamped postcard. You may also 
submit written comments to the docket electronically by logging onto 
the following Web address: http://dms.dot.gov. Click on ``Comment/
Submissions'' to begin.
    Privacy Act Information. Anyone can search the electronic form of 
all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
for an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.
    General Information. You may contact the Dockets Facility by phone 
at (202) 366-9329 for copies of this notice or other material in the 
docket. All materials in this docket may be found electronically at 
http://dms.dot.gov/search. Once you reach this address, type in the 
last four digits of the docket number shown in the heading of this 
notice, and click on ``search.'' You will then be connected to all 
relevant information. General information about RSPA's programs may be 
obtained at this address: http://rspa.dot.gov.

FOR FURTHER INFORMATION CONTACT: DeWitt Burdeaux by phone at 405-954-
7220 or by e-mail at [email protected] regarding the 
subject matter of this notice.

SUPPLEMENTARY INFORMATION:

Background

    Gas Gathering Line Definition. RSPA's gas pipeline safety 
regulations in 49 CFR part 192 apply to pipelines used in the 
gathering, transmission, or distribution of gas, except gathering

[[Page 62556]]

lines in rural locations and certain offshore pipelines (Sec.  192.1). 
As defined in Sec.  192.3, ``gathering line'' means ``a pipeline that 
transports gas from a current production facility to a transmission 
line or main.'' Although Part 192 does not define ``production 
facility,'' it does define ``transmission line'' and ``main.'' However, 
under Sec.  192.3, the definition of ``transmission line'' refers to a 
pipeline ``other than a gathering line.'' Also, the definition of 
``main'' refers to a ``distribution line,'' which means a ``pipeline 
other than a gathering or transmission line.''
    The absence of a production facility definition and the circular 
logic of the definitions of gathering line, transmission line, and 
distribution line have made it difficult to determine the beginning and 
end of gathering lines covered by part 192. It is also difficult to 
determine which pipelines are exempt from part 192 as rural gathering 
lines. Inspectors from RSPA's five regional offices have often 
disagreed with pipeline operators across the nation over whether 
pipelines are gathering or transmission lines. In 1986, RSPA asked the 
National Association of Pipeline Safety Representatives (NAPSR), an 
association of state pipeline safety officials, for comments on the 
gathering line problem. Responses from NAPSR members showed that in the 
30 states where gathering lines exist, there are at least 2,800 
gathering operators and 111,000 miles of gathering lines (as 
interpreted by the states). NAPSR members from five states, with about 
54 percent of gathering-line operators and 75 percent of the mileage, 
said they had disagreements with operators over classifying rural 
pipelines as gathering lines or transmission lines. Members from three 
of these States said the disagreements were too numerous to list. One 
NAPSR member recalled many disagreements with two major gas gathering 
and transmission pipeline operators over where a gathering line ends. 
Another NAPSR member related continuing disagreements over the 
classification of various segments of pipeline operated by one of the 
largest gas gathering line operators in the United States.
    The difficulty of identifying gas gathering lines not only affects 
government enforcement of the Part 192 safety standards, but it also 
affects other program areas. RSPA annually collects user fees from gas 
pipeline operators to recoup regulatory program costs. However, by law, 
these fees are only assessable for costs related to transmission lines. 
In addition, the Pipeline Safety Improvement Act of 2002 (Pub. L. 107-
355; Dec. 17, 2002) requires operators to provide to RSPA, certain 
geospatial data and other information for use in the National Pipeline 
Mapping System. However, gathering and distribution lines are 
specifically excluded from this requirement.
    Seeking to resolve the gas gathering line interpretive problem, 
RSPA proposed to amend the Part 192 gathering line definition (Docket 
PS-122; 56 FR 48505; Sept. 25, 1991).\1\ However, because the public 
response was generally unfavorable; with industry commenters disputing 
the significance of the problem and alleging wholesale reclassification 
of lines, RSPA delayed final action pending the collection and 
consideration of further information. Meanwhile, Congress amended the 
pipeline safety law, directing RSPA to define the term ``gathering 
line'' for both gas and hazardous liquid pipelines, and define as 
``regulated gathering line'' those rural gathering lines that, because 
of specific physical characteristics, should be regulated.\2\ In 
furtherance of the proceeding begun in 1991 and the Congressional 
directive, RSPA opened an internet discussion of the gathering line 
issue, which focused on a definition offered by Gas Processors 
Association (Docket No. RSPA-98-4868; 64 FR 12147; Mar. 11, 1999). The 
discussion, which involved 100 participants, included a comprehensive 
treatment by the American Petroleum Institute for a coalition of trade 
associations.\3\ However, RSPA and NAPSR were concerned that the 
coalition's suggested gathering line definition was based on certain 
``furthermost downstream'' points that are subject to change. As a 
stopgap, while continuing to decide on a suitable alternative to the 
1991 gathering line proposal, RSPA published an advisory bulletin 
interpreting the end of gas gathering based on court precedent and

[[Page 62557]]

historical interpretation (ADB-02-06; 67 FR 64447; Oct. 18, 2002).\4\
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    \1\ The proposal was: ``Gathering line'' means, except as 
provided in paragraph (4), any pipeline or part of a connected 
series of pipelines used to transport gas from a well or the first 
production facility where gas is separated from produced 
hydrocarbons, whichever is farther downstream, to an applicable 
endpoint described in paragraph (1), (2), or (3) below:
    (1) The inlet of the first natural gas processing plant used to 
remove liquified petroleum gases or other natural gas liquids.
    (2) If there is no natural gas processing plant, the point where 
custody of the gas is transferred to others who transport it by 
pipeline to:
    (i) a distribution center;
    (ii) a gas storage facility; or
    (iii) an industrial consumer.
    (3) If there is no natural gas processing plant or point where 
custody of the gas is so transferred, the last point downstream 
where gas produced in the same production field or two adjacent 
production fields is commingled.
    (4) A gathering line does not include any part of a pipeline 
that transports gas downstream--
    (i) from the end points in (1), (2), or (3) in this Section;
    (ii) from a production facility, if no end point exists; or
    (iii) in any interstate transmission facility subject to the 
jurisdiction of the Federal Energy Regulatory Commission under the 
Natural Gas Act (15 U.S.C. 717 et seq.).
    \2\ The specific provisions are in 49 U.S.C. 60101(b):
    Gathering Lines.--(1)(A) Not later than October 24, 1994, the 
Secretary shall prescribe standards defining the term ``gathering 
line''. (B) In defining ``gathering line'' for gas, the Secretary--
(i) shall consider functional and operational characteristics of the 
lines to be included in the definition; and (ii) is not bound by a 
classification the Commission establishes under the Natural Gas Act 
(15 U.S.C. 717 et seq.). (2)(A) Not later than October 24, 1995, the 
Secretary, if appropriate, shall prescribe standards defining the 
term ``regulated gathering line''. In defining the term, the 
Secretary shall consider factors such as location, length of line 
from the well site, operating pressure, throughput, and the 
composition of the transported gas or hazardous liquid, as 
appropriate, in deciding on the types of lines that functionally are 
gathering but should be regulated under this chapter because of 
specific physical characteristics. (B)(i) The Secretary also shall 
consider diameter when defining ``regulated gathering line'' for 
hazardous liquid. (ii) The definition of ``regulated gathering 
line'' for hazardous liquid may not include a crude oil gathering 
line that has a nominal diameter of not more than 6 inches, is 
operated at low pressure, and is located in a rural area that is not 
unusually sensitive to environmental damage.
    \3\ The coalition suggested the following definition of 
``gathering line'':
    (a) means any pipeline or part of a connected series of 
pipelines used to
    (1) transport gas from the furthermost downstream point in a 
production operation to the furthermost downstream of the following 
endpoints, with possible intermediate deliveries to other production 
operations, pipeline facilities, farm taps, or residential/
commercial/industrial end users:
    (A) the inlet of the furthermost downstream natural gas 
processing plant, other than a natural gas processing plant located 
on a transmission line,
    (B) the outlet of the furthermost downstream gathering line gas 
treatment facility,
    (C) the furthermost downstream point where gas produced in the 
same production field or separate production fields is commingled,
    (D) the outlet of the furthermost downstream compressor station 
used to lower gathering line operating pressure to facilitate 
deliveries into the pipeline from production operations or to 
increase gathering line pressure for delivery to another pipeline, 
or
    (E) the connection to another pipeline downstream of:
    (i) the furthermost downstream endpoint identified in (A), (B), 
(C) or (D), or (in the absence of such endpoint)
    (ii) the furthermost downstream production operation; or
    (2) transport gas from a point other than in a production 
operation exclusively to points in or adjacent to one or more 
production operations or gathering facility sites for use as fuel, 
gas lift, or gas injection gas within those operations; and
    (b) does not include a natural gas processing plant.
    \4\ ADB-02-6:
    To: Owners and Operators of Natural Gas Pipeline Facilities.
    Subject: Standards for classifying natural gas gathering lines.
    Purpose: To inform operators of the standards OPS currently uses 
to classify natural gas gathering lines.
    Advisory: Standards for classification of natural gas gathering 
lines.
    Until OPS completes its rulemaking to better define natural gas 
gathering lines (Docket No. RSPA-98-4868), OPS will continue to 
classify lines according to the four-point standard established 
through court precedent and historical interpretation. OPS will also 
continue to classify lines that pose unique difficulties of 
classification on a case-by-case basis. In brief, in the most common 
situation, gathering begins at or near the well head. In most cases, 
the gathering process terminates at the outlet of a processing 
plant. A processing plant is defined by the extraction of heavy ends 
from the natural gas. If there is no upstream processing plant, the 
gathering process terminates at the outlet of a pipeline compressor. 
For the purposes of determining the termination point of the gas 
gathering process, OPS does not consider a well head compressor 
(field compressor) to be a pipeline compressor. If there is no 
processing plant or pipeline compressor, the point at which the 
gathering process ends is where two or more well pipleines converge. 
If none of these points applies, the gas gathering termination point 
is where there is a change in ownership of the pipeline. These 
points are determined on a case-by-case basis considering the 
location of the pipeline in relation to population density, major 
traffic areas, and environmentally sensitive areas. To summarize, 
OPS considers the termination of gas gathering to be:
    (1) The outlet of a processing plant that extracts heavy ends 
from the natural gas;
    (2) The outlet of a pipeline compressor (not including a well 
head compressor);
    (3) The point where two or more well pipelines converge; or
    (4) The point where there is a change in ownership of the 
pipeline.
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    Hazardous Liquid Gathering Line Definition. RSPA's hazardous liquid 
pipeline safety regulations in 49 CFR part 195 apply to the 
transportation by pipeline of hazardous liquid (petroleum, petroleum 
products, and anhydrous ammonia) and carbon dioxide (in a supercritical 
state), except gathering lines in rural areas and certain other 
pipelines (Sec.  195.1). The term ``gathering line'' is defined in 
Sec.  195.2 as ``a pipeline 219.1 mm (8\5/8\ in) or less nominal 
outside diameter that transports petroleum from a production 
facility.'' Section 195.2 also defines ``production facility'' and 
``rural area'' without reference to the gathering line definition. RSPA 
has had little difficulty applying these definitions to identify 
gathering lines subject to Part 195 or those excluded from Part 195 
because of location in rural areas.

Purpose of Meetings and Request for Comment

    RSPA, working with NAPSR, is continuing to assess the acceptability 
of the present definitions of gas and hazardous liquid gathering lines 
and related definitions for purposes of determining the beginning and 
end of gathering. We are particularly concerned about the impreciseness 
of the gas definition. We are inviting new public input to this 
process, which we hope will be informed by the history of previously 
proposed definitions and their shortcomings.
    We also are considering the need to establish safety regulations 
for onshore gas and hazardous liquid gathering lines in rural areas. 
While Congress initially exempted these lines from Federal regulation, 
it has granted RSPA authority to regulate rural gathering lines whose 
physical characteristics pose a special risk to the public. We are 
interested in receiving ideas on what situations would make it 
appropriate to regulate the safety of rural gathering lines, and what 
those regulations should be. Potential commenters should keep in mind 
that the pipeline industry's consensus standards in ASME B31.4 and ASME 
B31.8 apply to rural gathering lines.
    As stated in more detail above, we invite interested persons to 
attend the public meetings and present oral or written statements about 
any of the topics discussed in this notice. Written statements not 
presented at the meeting may be submitted to the docket. If necessary, 
we may limit the time for oral presentations so that everyone who 
requests an opportunity to speak may do so. Those who do not request 
time for presentations may have an opportunity to speak as time allows.
    We are especially interested in receiving comments on the 
following:
    1. The point where gas production ends and gas gathering begins.
    2. The point where gas gathering ends and gas transmission or 
distribution begins.
    3. In defining ``regulated gathering line,'' whether we should 
consider factors besides those that Congress specified (see footnote 
2). For example, should we consider population density (by census or 
house count), or for hazardous liquid lines, potential for 
environmental damage.
    4. Whether Part 195 should apply to rural gathering lines that 
operate at more than 20 percent of specified minimum yield strength, or 
that could adversely affect an ``unusually sensitive area'' as defined 
in Sec.  195.6. (Note that certain crude oil gathering lines are, by 
law, exempt from safety regulation (see footnote 2)).
    5. If you recommend safety regulations for rural gas or hazardous 
liquid gathering lines, to which rural lines would the regulations 
apply and why, approximately how many miles would be covered by the 
regulations, and what would be the estimated cost per mile of complying 
with the regulations.
    6. The approximate mileage of rural gathering lines not now covered 
by Part 195.
    7. Whether safety regulations for gas or hazardous liquid rural 
gathering lines operating at low stress (e.g., 20 percent or less of 
specified minimum yield strength) or a specified pressure for plastic 
lines should be fewer and possibly less stringent than regulations for 
other rural gathering lines.
    There will be an open session for questions and answers before the 
close of the meeting. Additional meetings are being planned, and dates 
and places will be announced in future notices.

    Authority: 49 U.S.C. Chapter 601 and 49 CFR 1.53.

    Issued in Washington, DC, on October 30, 2003.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 03-27858 Filed 11-4-03; 8:45 am]
BILLING CODE 4910-60-P