**DEPARTMENT OF TRANSPORTATION**

**Research and Special Programs Administration**

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

**\[Docket No. RSPA-97-2251; Amdt Nos. 190-7; 191-13; 192-83(84);
193-15; 194-**

**2; 195-61; 198-3; 199-17.\]**

**RIN 2137-AD03**

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

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

**ACTION:** Direct final rule.

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

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

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

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

**SUPPLEMENTARY INFORMATION:**

**Background**

In a March 1995 memorandum, President Clinton directed Federal
regulatory agencies to, among other things, conduct a page-by-page
review of all agency regulations, cutting or revising those that were
obsolete, intrusive, or better handled by parties other than the Federal
government (i.e., private business, State, or local government).

In response to the President\'s directive, RSPA issued a final rule on
May 24, 1996 (61 FR 26121) that updated references to voluntary
specifications and standards. This rulemaking is the second annual
update of the pipeline safety regulations to reduce unnecessary burdens
on the regulated community and to ensure that the pipeline safety
regulations incorporate the most current technical standards and
specifications.

## Incorporation by Reference

RSPA is incorporating by reference all or portions of nine updated
documents containing practices, codes, standards, and specifications
developed and published by technical organizations, including the
American Society of Mechanical Engineers, American Society for Testing
and Materials, Manufacturers Standardization Society of the Valve and
Fittings Industry, and National Fire Protection Association. The updated
standards incorporate the latest technology and engineering practice.
Adoption of these updated documents assures that pipeline operators will
not be unnecessarily burdened with outdated materials, design, and
construction requirements.

These documents can be obtained by contacting the following
organizations:

1\. American Society for Testing and Materials (ASTM), 100 Barr Harbor
Drive, West Conshohocken, PA 19428.

2\. The American Society of Mechanical Engineers (ASME), United
Engineering Center, 345 East 47th Street, New York, NY 10017.

3\. Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park Street, NW, Vienna, VA 22180.

4\. National Fire Protection Association (NFPA), 1 Batterymarch Park,
P.O. Box 9101, Quincy, MA 02269-9101.

These documents are available for inspection at the following locations:

1\. Office of Pipeline Safety, room 2335, U.S. Department of
Transportation, 400 7th Street, SW, Washington, DC 20590.

2\. Office of the Federal Register, 800 N. Capitol Street, NW, Suite
700, Washington, DC 20408.

## Other revisions

#### Clarifications

This document amends the following pipeline safety regulations to
clarify their meaning:

1\. Section 192.16(b)(5) states that \"The operator (if applicable),
plumbers, and heating contractors can assist in locating, inspecting,
and repairing the customer\'s buried piping.\'\' This final rule
clarifies the reference by deleting the term \"plumbers\'\' and
inserting the phrase \"plumbing contractors\'\'.

2\. Section 192.614(b)(5) requires operators to \"Provide for temporary
marking of buried pipelines in the area of excavation activity before,
as far as practical, the activity begins.\'\' This requirement can be
confusing to the operator in terms of interpreting the meaning of \"as
far as practical.\'\' Therefore, this final rule amends this paragraph
to require temporary marking of buried pipelines before excavation
activities begin \"except in emergency situations.\'\'

3\. Section 195.56(a) describes safety-related condition reports \"under
§191.55(a) . . .\'\', which is inaccurate. Safety-related condition
report requirements for Part 195 are contained in §195.55(a). This final
rule makes that clarification.

4\. The last line of §199.17(a) provides that \"samples may be discarded
following the end of the 365-period.\'\' This final rule clarifies that
samples may be discarded following the end of the \"365-

day period.\'\' Also, this final rule revises the language containing
the term \"his representative,\'\' on line 8, to remove the specific
reference to gender.

*Grammatical Corrections*

In various sections of the pipeline safety regulations, minor
grammatical errors exist that need correction, and gender-specific
language that need revision. The following are the grammatical
corrections covered in this rulemaking:

1\. §190.7(a)\--addition of a comma after the term \"RSPA\'\', on line
5, and revision of the language containing the term \"him,\'\' on line
8, to remove the specific reference to gender.

2\. §190.203(a)\--addition of a comma after the term \"OPS\'\', on line
3.

3\. §190.209\--addition of a comma after the term \"violation\'\', on
line 2.

4\. §192.107(b)(2)\--addition of a comma after the term \"section\'\',
on line 3.

5\. §193.2059(d)(1)(i)\--deletion of the comma after the term \"but\'\'
and the addition of a comma after the term \"system\'\' on line 8.

#### Updates

In §191.21 of the pipeline safety regulations, an authorization date
follows the Office of Management and Budget (OMB) Control Number.
Although the OMB number is still current, this notice removes the
unnecessary authorization date. This section is amended to read as
follows:

1\. §191.21\--the chart provided in this section is amended to remove
the reference to the March 31, 1986, as the final date of approval for
this OMB Control Number. This number is still current and there is no
date limiting its authority.

## Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

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

*Executive Order 12612*

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

*Regulatory Flexibility Act*

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

*Paperwork Reduction Act*

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

*Unfunded Mandates Reform Act of 1995*

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

## List of Subjects

#### 49 CFR Part 190

Compliance, Pipeline safety, Reporting.

#### 49 CFR Part 191

Annual reports, Incident reports, Pipeline safety.

*49 CFR Part 192*

Incorporation by reference, Natural gas, Pipeline safety.

*49 CFR Part 193*

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

*49 CFR Part 195*

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

*49 CFR Part 199*

Drug and alcohol testing, Pipeline safety.

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

## PART 190\--\[AMENDED\]

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

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

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

**§190.7 Subpoenas; witness fees.**

\(a\) The Administrator, RSPA, the Chief Counsel, RSPA, or the official
designated by the Administrator, RSPA, to preside over a hearing
convened in accordance with this part, may sign and issue subpoenas
individually on their own initiative or, upon request and adequate
showing by any person participating in the proceeding that the
information sought will materially advance the proceeding.

\* \* \* \* \*

3\. Paragraph (a) of §190.203 is revised to read as follows:

**§190.203 Inspections.**

\(a\) Officers, employees, or agents authorized by the Associate
Administrator for Pipeline Safety, RSPA, upon presenting appropriate
credentials, are authorized to enter upon, inspect, and examine, at
reasonable times and in a reasonable manner, the records and properties
of persons to the extent such records and properties are relevant to
determining the compliance of such persons with the requirements of 49
U.S.C. 60101 et seq., or regulations or orders issued thereunder.

\* \* \* \* \*

4\. The introductory text of §190.209 is revised to read as follows:

**§190.209 Response options.**

Within 30 days of receipt of a notice of probable violation, the
respondent shall respond to the Regional Director who issued the notice
in the following way:

\* \* \* \* \*

## PART 191\--\[AMENDED\]

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

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

**§191.21 \[Amended\]**

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

## PART 192\--\[AMENDED\]

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

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

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

**§192.16 Customer notification.**

\* \* \* \* \*

\(b\) \* \* \*

\(5\) The operator (if applicable), plumbing contractors, and heating
contractors can assist in locating, inspecting, and repairing the
customer\'s buried piping.

\* \* \* \* \*

3\. Paragraph (b)(2) of §192.107 is revised to read as follows:

**§192.107 Yield strength (S) for steel pipe.**

\* \* \* \* \*

\(b\) \* \* \*

\(2\) If the pipe is not tensile tested as provided in paragraph (b)(1)
of this section, 24,000 p.s.i.

4\. Paragraph (c)(5) of §192.614 is revised to read as follows:

**§192.614 Damage prevention program.**

\* \* \* \* \*

\(c\) \* \* \*

\(5\) Provide for temporary marking of buried pipelines in the area of
excavation activity before the activity begins, except in emergency
situations.

\* \* \* \* \*

5\. Appendix A of part 192 is amended by revising paragraphs II. C (1),
(2), (9) and (10), II. E (1) and II. F (1) to read as follows:

**Appendix A To Part 192\--Incorporated by Reference**

II\. Documents incorporated by reference. (Numbers in parentheses
indicate applicable editions.)

\* \* \* \* \*

C. \* \* \*

\(1\) ASTM Designation: A 53 \"Standard Specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated, Welded and Seamless\'\' (A53-96).

\(2\) ASTM Designation A 106 \"Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service\'\' (A106-95).

\* \* \* \* \*

\(9\) ASTM Designation D638 \"Standard Test Method for Tensile
Properties of Plastics\'\' (D638-96).

\(10\) ASTM Designation D2513 \"Standard Specification for Thermoplastic
Gas Pressure Pipe, Tubing and Fittings\'\' (D2513-96a).

\* \* \* \* \*

E. \* \* \*

\(1\) MSS SP44-96 \"Steel Pipe Line Flanges\'\' (includes 1996 errata)
(1996).

\* \* \* \* \*

F. \* \* \*

\(1\) NFPA 30 \"Flammable and Combustible Liquids Code\'\' (1996).

\* \* \* \* \*

## PART 193\--\[AMENDED\]

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

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

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

**§193.2059 Flammable vapor-gas dispersion protection.**

\* \* \* \* \*

\(d\) \* \* \*

\(1\) \* \* \*

\(i\) The rate of vaporization is not less than the sum of flash
vaporization and vaporization from boiling by heat transfer from contact
surfaces during the time necessary for spill detection, instrument
response, and automatic shutdown by the emergency shutdown system, but
not less than 10 minutes, plus, in the case of impounding systems for
LNG storage tanks with side or bottom penetrations, the time necessary
for the liquid level in the tank to reach the level of the penetration
or equilibrate with the liquid impounded assuming failure of the
internal shutoff valve.

\* \* \* \* \*

3\. Appendix A to Part 193 is amended by revising paragraphs II.E(1),
II.G(1), to read as follows:

**Appendix A To Part 193\--Incorporation By Reference**

\* \* \* \* \*

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

\* \* \* \* \*

E. \* \* \*

1\. ASME/ANSI B31.3 \"Process Piping\'\' (1996)\--Includes 1996 Addenda.

\* \* \* \* \*

G. \* \* \*

1\. NFPA 30 \"Flammable and Combustible Liquids Code\'\' (1996)

\* \* \* \* \*

## PART 195\--\[AMENDED\]

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

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

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

**§195.3 Matter incorporated by reference.**

\* \* \* \* \*

\(c\) \* \* \*

\(5\) \* \* \*

\(i\) ASTM Designation A 53 \"Standard specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated Welded and Seamless\'\' (A 53-96).

\(ii\) ASTM Designation: A 106 \"Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service\'\' (A 106-95).

\* \* \* \* \*

3\. Paragraph (a) of §195.56 is revised to read as follows:

**§195.56 Filing safety-related condition reports.**

\(a\) Each report of a safety-related condition under §195.55(a) must be
filed (received by the Administrator) in writing within 5 working days
(not including Saturdays, Sundays, or Federal holidays) after the day a
representative of the operator first determines that the condition
exists, but not later than 10 working days after the day a
representative of the operator discovers the condition. Separate
conditions may be described in a single report if they are closely
related. To file a report by facsimile (fax), dial (202) 366-7128.

\* \* \* \* \*

## PART 199\--\[AMENDED\]

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

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

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

**§199.17 Retention of samples and retesting.**

\(a\) Samples that yield positive results on confirmation must be
retained by the laboratory in properly secured, long-term, frozen
storage for at least 365 days as required by the DOT Procedures. Within
this 365-day period, the employee or the employee\'s representative, the
operator, the Administrator, or, if the operator is subject to the
jurisdiction of a state agency, the state agency may request that the
laboratory retain the sample for an additional period. If, within the
365-day period, the laboratory has not received a proper written request
to retain the sample for a further reasonable period specified in the
request, the sample may be discarded following the end of the 365-day
period.

\* \* \* \* \*

Issued in Washington, DC on January 27, 1998.

**Kelley S. Coyner,**

Acting Administrator.

\[FR Doc. 98-2898 Filed 2-13-98; 8:45 am\]

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# BILLING CODE 4910-60-P

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