[Federal Register Volume 68, Number 230 (Monday, December 1, 2003)]
[Proposed Rules]
[Pages 67129-67132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29394]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[Docket No. RSPA-98-4868 (gas), Notice 3; and RSPA-03-15864 (liquid), 
Notice 1]


Gas and Hazardous Liquid Gathering Lines

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

ACTION: Notice of public meeting and request for comments.

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SUMMARY: This document 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

[[Page 67130]]

well. We will consider all public comments in developing future 
proposals on gathering lines.

DATES: The deadline for submitting written comments is January 17, 
2004. The public meeting will occur Tuesday, December 16, 2003, from 
8:30 am to 4:30 pm, and Wednesday, December 17, 2003, from 8:30 am to 
4:30 p.m.

ADDRESSES: The meeting will take place at the Anchorage Marriott 
Downtown, 820 W. 7th Ave., Anchorage, AK 99506 phone: (907) 279-8000. 
You may participate in the meeting by making oral or written comments 
about any of the topics discussed in this notice. You may also submit 
written comments directly to the dockets by any of the following 
methods:
    [sbull] Mail: Dockets Facility, U.S. Department of Transportation, 
Room PL-401, 400 Seventh Street SW., 20590-0001. Anyone wanting 
confirmation of mailed comments must include a self-addressed stamped 
postcard.
    [sbull] Hand delivery or courier: Room PL-401, 400 Seventh Street, 
SW., Washington, DC. The Dockets Facility is open from 10 am to 5 pm, 
Monday through Friday, except Federal holidays.
    [sbull] Web site: Go to http://dms.dot.gov, click on ``Comment/
Submissions'' and follow instructions at the site.
    Further instructions about the meeting and submission of written 
comments are under the Public Participation heading of the 
SUPPLEMENTARY INFORMATION section of this notice.
    Docket access. For copies of this notice or other material in the 
docket, you may contact the Dockets Facility by phone (202) 366-9329 or 
visit the facility at the above street address. For Web access to the 
dockets to read and download filed material, go to http://dms.dot.gov/search. Then type in the last four digits of the gas or liquid docket 
number shown in the heading of this notice, and click on ``Search.'' A 
transcript of the meeting should be available in the dockets about 3 
weeks after the meeting.

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:

Public Participation

    Oral comments. Anyone who wants to make an oral presentation at the 
meeting should notify Janice Morgan by December 5, 2003, by phone, 
(202) 366-2392, or by e-mail; [email protected]. Please state 
the topic of your presentation and the amount of time requested. If 
necessary, the presiding officer 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 in advance may 
have an opportunity to speak as time allows. On Tuesday, December 16, 
2003, the agenda for the meeting will focus on gas gathering and on 
Wednesday, December 17, 2003, liquid gathering.
    Written comments. The deadline for submitting written comments to 
the dockets is January 17, 2004. Late filed comments will be considered 
as far as practicable. All written comments should identify the gas or 
liquid docket number and notice number stated in the heading of this 
notice. Written comments submitted at the meeting will be included in 
the meeting transcript or filed in the dockets.
    Privacy Act Information. Anyone can search the electronic form of 
all comments filed in 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 April 11, 2000 issue of the 
Federal Register (65 FR 19477) or go to http://dms.dot.gov.
    Individuals with Disabilities. For information on facilities or 
services for individuals with disabilities, or to request special 
assistance at the meeting, contact Janice Morgan by phone, (202) 366-
2392, or by e-mail: [email protected].

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 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 ``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) 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 part 192 gathering line definition (Docket PS-
122; 56 FR 48505; Sept. 25, 1991).\1\ However,

[[Page 67131]]

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 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 liquefied 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-02-06:
    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 pipelines 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 Meeting 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 DOT/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.
    We are especially interested in receiving comments on the 
following:
    (1) The point where gas production ends and gas gathering begins.

[[Page 67132]]

    (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.
    In an earlier notice (68 FR 62555; Nov. 5, 2003), we announced that 
a public meeting on the regulation of gathering lines would be held in 
Austin, Texas on November 19 and 20 at the Omni Austin Hotel. That 
notice set December 19, 2003, as the deadline for submitting written 
comments to Docket No. RSPA-98-4868. However, as provided in the 
present notice, the deadline is now January 17, 2004. 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 November 18, 2003.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 03-29394 Filed 11-28-03; 8:45 am]
BILLING CODE 4910-60-P