[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Notices]
[Pages 70748-70750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26811]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-04-19469; Notice 1]


Pipeline Safety: Petition for Waiver; Duke Energy Gas 
Transmission Company (OH)

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

ACTION: Notice; petition for waiver.

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SUMMARY: Duke Energy Gas Transmission Company (DEGT) petitioned the 
Research and Special Programs Administration's (RSPA) Office of 
Pipeline Safety (OPS) for a waiver of compliance with provisions of 49 
CFR 192.611(a), which requires pipeline operators to confirm or revise 
the maximum allowable operating pressure (MAOP) of their pipelines 
after a class location change. DEGT proposes an alternative set of risk 
control activities in lieu of a reduction in pressure or pressure 
testing of selected pipeline segments in Ohio that have changed from 
Class 1 to Class 2.

DATES: Persons interested in submitting written comments on the waiver 
proposed in this notice must do so by January 6, 2005. Late-filed 
comments will be considered so far as practicable.

ADDRESSES: You may submit written comments by mailing or delivering an 
original and two copies to the Dockets Facility, U.S. Department of 
Transportation, Room PL-401, 400 Seventh Street, SW., Washington, DC 
20590-0001. The Dockets Facility is open from 10 a.m. to 5 p.m., Monday 
through Friday, except on Federal holidays when the facility is closed. 
Alternatively, you may submit written comments to the docket 
electronically at the following Web address: http://dms.dot.gov.
    All written comments should identify the docket and notice numbers 
stated in the heading of this notice. Anyone who wants confirmation of 
mailed comments must include a self-addressed stamped postcard. To file 
written comments electronically, after logging on to http: //
http://dms.dot.gov">dms.dot.gov, click on ``Comment/Submissions.'' You can also read 
comments and other material in the docket at http://dms.dot.gov. 
General information about our pipeline safety program is available at 
http://ops.dot.gov.
    Anyone is able to 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 on behalf 
of 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.

FOR FURTHER INFORMATION CONTACT: James Reynolds by phone at 202-366-
2786, by fax at 202-366-4566, by mail at U.S. DOT, Research and Special 
Programs Administration, Office of Pipeline Safety, 400 Seventh Street, 
SW., Washington, DC 20590, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

1. Background

    Duke Energy Gas Transmission Company (DEGT) petitioned the Research 
and Special Programs Administration's Office of Pipeline Safety (RSPA/
OPS) for a waiver from compliance with Sec.  192.611(a) for selected 
gas transmission pipeline segments in Ohio. DEGT asks for a waiver from 
the requirement to revise the maximum allowable operating

[[Page 70749]]

pressure (MAOP) or upgrade pipeline segments after a class location 
change. DEGT proposes to conduct alternative risk control activities 
based on the principles and requirements of the integrity management 
program in lieu of this requirement and asserts that these alternative 
risk control activities will provide an equal or higher level of safety 
than that currently provided by the pipeline safety regulations.
    The Federal pipeline safety regulations at Sec.  192.609 require a 
gas pipeline operator to complete a class location change study 
whenever it believes an increase in population density may have caused 
a change in class location as defined in Sec.  192.5. If a new class 
location is confirmed, the operator is required to either reduce 
pressure or replace the pipe to lower pipe wall stress in compliance 
with Sec.  192.611(a). Section 192.5(a)(1) defines a ``class location 
unit'' as an onshore area extending 220 yards (200 meters) on either 
side of the centerline of any continuous one-mile length of pipeline. 
The Class Location for any class location unit is determined according 
to the following criteria in Sec.  192.5(b):
    Class 1--10 or fewer buildings intended for human occupancy;
    Class 2--more than 10 but less than 46 buildings intended for human 
occupancy;
    Class 3--46 or more buildings intended for human occupancy, or 
areas where a pipeline lies within 100 yards (91 meters) of either a 
building or a small, well-defined outside area (such as a playground, 
recreation area, outdoor theater, or other place of public assembly) 
that is occupied by 20 or more persons on at least 5 days a week for 10 
weeks in any 12-month period;
    Class 4--buildings with four or more stories above ground are 
prevalent.
    The pipeline safety regulations impose more stringent design and 
operation requirements as the class location increases. When a class 
location changes to a higher class (e.g., from Class 1 to Class 2) and 
the hoop stress corresponding to the established MAOP of the segment is 
not commensurate with the present class location, the MAOP must be 
confirmed by pressure test or revised using one of the options 
specified in Sec.  192.611(a). An operator may avoid reducing the 
pressure if a previous pressure test is adequate to support operation 
at the existing pressure in the new class location, but the 
corresponding hoop stress may not exceed 72 percent specified maximum 
yield strength (SMYS) of the pipe in Class 2 locations, 60 percent SMYS 
in Class 3 locations, or 50 percent SMYS in Class 4 locations. 
Alternatively, the operator may need to reduce the pressure or replace 
the pipe with new pipe.
    On June 29, 2004, RSPA/OPS published a Notice announcing the 
criteria it will use in considering class location change waiver 
applications (69 FR 38948). The criteria document has been placed in 
this docket and is the guideline RSPA/OPS will use to consider requests 
for waivers from the requirements of 49 CFR 192.611. RSPA/OPS will use 
these criteria to evaluate waiver applications submitted by natural gas 
pipeline operators whose pipeline segments have experienced a change in 
class location.

2. DEGT's Proposed Waiver

    DEGT's request for a waiver of the requirements of Sec.  192.611(a) 
is specific to two parallel line segments on Line 10 and Line 15, which 
are part of its Texas Eastern Pipeline System in the State of Ohio. 
These segments are located within DEGT's:

Wheelersburg Compressor Station Discharge: Milepost (MP) 563.72-620.70

    Line 10: MP 568.99-569.13.
    Line 15: MP 569.41-569.55.
    The pipelines are 30-inch in diameter and the class locations have 
changed from Class 1 to Class 2. If this waiver is granted, DEGT 
intends to apply the alternative set of risk reduction strategies to 
any future sites changing from Class 1 to Class 2 on the same 
compressor station discharges of Lines 10 and 15, provided these new 
sites satisfy the technical requirements of the waiver.
    Lines 10 and Lines 15 were hydrotested and all welds were X-rayed 
at installation in 1952 and 1957, respectively, to 100% SMYS. DEGT has 
internally inspected each of these pipelines. DEGT inspected Line 10 on 
January 24, 1986, and again on May 13, 1997. DEGT inspected Line 15 on 
January 27, 1986, and again on May 1, 2002. Both lines were internally 
inspected using a standard resolution in-line inspection (ILI) tool. 
All cathodic protection readings on these two pipelines either meet or 
exceed the minimum requirements of 49 CFR Part 192.
    The proposed DEGT waiver segments have changed from Class 1 to 
Class 2 due to construction of additional buildings intended for human 
occupancy in the class location units. DEGT believes its alternative to 
Sec.  192.611(a) will provide a level of safety in excess of that 
afforded by the pipeline safety regulations at 49 CFR Part 192.

3. DEGT's Proposed Alternative

    In lieu of compliance with Sec.  192.611(a), DEGT proposes to 
conduct the following activities to ensure the integrity of the two 
pipeline segments included in this waiver request and any future sites 
on the Wheelersburg Compressor Station discharge changing from Class 1 
to Class 2:
     All site(s) covered by waiver have been in-line inspected 
at least twice between 1986 and 2002;
     All actionable anomalies within the site(s) have either 
been remediated or are scheduled to be investigated, and subsequently 
remediated, if necessary, as defined in ASME B31.8S and DEGT Pipeline 
Repair procedures. A schedule of remedial measures to be performed on 
future waiver sites will be submitted to OPS headquarters and OPS 
regional offices;
     For future sites covered by this waiver, DEGT will use 
tools and techniques developed through the activities described in the 
waiver request for the identification, classification and possible 
remediation of dents; and
     The site(s) must pass a hydrostatic test to a pressure of 
at least 125% of the MAOP of the pipeline. DEGT will make available to 
RSPA/OPS and the Ohio Public Utilities Commission (OH-PUC) a report of 
all hydrostatic test failures experienced at this test pressure.
    DEGT has already satisfied the above criteria for the current 
pipeline segments proposed in this waiver request. DEGT commits to 
provide the OPS's Central Region and the OH-PUC with sufficient notice 
to enable RSPA/OPS and OH-PUC staff to attend and participate in all 
risk assessment activities.
    In addition, DEGT has proposed the following schedule of near-term 
and long-term activities to help maintain pipeline integrity on the 
proposed waiver segments.
    In 2004--
     Review the 2002 ILI results for Line 15 for any remaining 
actionable anomalies. Schedule these anomalies for investigation/
remediation as defined in 49 CFR Part 192, Subpart O, ASME B31.8S, and 
DEGT Pipeline Repair Procedures.
     Depth of cover survey to be conducted in the waiver sites.
    In 2005--
     Perform an in-line inspection using a high-resolution 
magnetic flux leakage tool and a geometry tool on Line 10. All 
actionable anomalies found through the in-line inspection will be 
investigated/remediated on as defined in 49 CFR Part 192, Subpart O, 
ASME B31.8S, and DEGT Pipeline Repair Procedures.

[[Page 70750]]

     Perform external corrosion direct assessment (ECDA) on the 
waiver sites of both lines. A minimum of one direct examination of each 
line will be performed.
     Perform stress corrosion cracking direct assessment on any 
pipe exposed as part of the work in support of this waiver.
    Beyond 2005--
     Perform system integrity re-inspections in accordance with 
49 CFR Part 192 Subpart O requirements.

4. Additional Considerations

    In an October 7 letter, the Office of Pipeline Safety's Central 
Region office requested additional information to assist in evaluation 
of DEGT's waiver request:
    Information on the timing of the class location change;
     Information demonstrating the condition of the pipeline 
coating;
     The results of depth of cover surveys;
     Description of any failures that occurred during 
hydrostatic testing;
     The results of in-line inspections; and
     Activities to address potential integrity issues 
associated with the hydrogen induced damage at hard spots after the 
November 2, 2003, failure on Line 15 in Kentucky.
    This letter and any responses from DEGT will be placed in the 
docket for this Federal waiver request.
    In addition, as part of its consideration of DEGT's waiver request, 
RSPA/OPS will also consider the cause(s) and contributing factor(s) to 
the November 2, 2003, failure of DEGT's Line 15 near the Owingsville 
Compressor Station in Bath County, Kentucky. The pipe used in Line 15 
in Bath County, Kentucky and Line 15 in Scioto County, Ohio, were both 
manufactured by A.O. Smith and are of the same vintage.

5. Opportunity for Public Comments

    This notice provides an opportunity for public comment on the DEGT 
waiver proposal. Comments should address whether or not DEGT's proposal 
complies with the criteria for consideration of waiver applications and 
any other issues regarding DEGT's proposed waiver.
    After the comment period has ended, RSPA/OPS will evaluate the DEGT 
proposal and will consider all comments received by the deadline. RSPA/
OPS will publish a subsequent Federal Register notice granting or 
denying DEGT's proposed waiver of Sec.  192.611(a).

    Authority: 49 U.S.C. 60118(c) and 49 CFR 1.53.

    Issued in Washington, DC, on December 1, 2004.
Theodore L. Willke,
Deputy Associate Administrator for Pipeline Safety.
[FR Doc. 04-26811 Filed 12-6-04; 8:45 am]
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