Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations 41311

mechanisms operate in a manner

consistent with the requirements of part

54 of this chapter, as well as such other

action as is deemed necessary and in the

public interest.

§ 69.622 Transition to the permanent

Administrator.

(a) If the association or the

independent subsidiary is not appointed

the permanent Administrator, the

association, independent subsidiary,

Schools and Libraries Corporation, and

Rural Health Care Corporation shall

cooperate fully in making the

permanent Administrator operational.

(b) The association and independent

subsidiary shall take all steps necessary

to maintain the division of

responsibilities between the association,

independent subsidiary, Schools and

Libraries Corporation, and Rural Health

Care Corporation as set forth in parts 54

and 69 of this chapter or such other

steps that the Commission may order.

[FR Doc. 97–20017 Filed 7–31–97; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 193

[Docket No. PS–151; Amdt. 193–14]

RIN 2137–AC 88

Liquefied Natural Gas Regulations—

Miscellaneous Amendments

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Direct final rule.

SUMMARY: This direct final rule

incorporates safety requirements for

mobile and temporary Liquefied Natural

Gas (LNG) facilities by referencing the

National Fire Protection Association

(NFPA) Standard 59A (1996 edition),

Standard for the Production, Storage

and Handling of Liquefied Natural Gas

(LNG). This rule will reduce the burden

on the industry and state and federal

governments by eliminating waiver

requirements for mobile and temporary

LNG facilities. In this rule RSPA is

responding to the adverse comment

received on the mobile LNG facilities

requirements in the previously

published direct final rule [62 FR 8402;

2/25/97] by addressing a commenter’s

main concern that states in which

mobile LNG equipment is located must

be notified two weeks in advance. The

remainder of the requirements for

mobile LNG facilities are unchanged.

EFFECTIVE DATES: This direct final rule

takes effect October 15, 1997. The

incorporation by reference of certain

publications listed in the rule is

approved by the Director of the Federal

Register as of October 15, 1997. If RSPA

does not receive any adverse comment

or notice of intent to file an adverse

comment by September 2, 1997 the rule

will become effective on the date

specified. RSPA will issue a subsequent

notice in the Federal Register by

September 30, 1997 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: Send comments in

duplicate to the Dockets Unit, Room

8421, Research and Special Programs

Administration, U.S. Department of

Transportation, 400 Seventh Street, SW,

Washington, DC 20590. Identify the

docket and notice number stated in the

heading of this notice. All comments

and docketed material will be available

for inspection and copying in Room

8421 between 8:30 a.m. and 5:00 p.m.

each business day.

FOR FURTHER INFORMATION CONTACT:

Mike Israni, telephone (202) 366–4571,

or e-mail: mike.israni@rspa.dot.gov,

regarding the subject matter of this

document, or the Dockets Unit (202)

366-4453, for copies of this document or

other information in the docket.

SUPPLEMENTARY INFORMATION:

Background

On February 25, 1997, RSPA

published a direct final rule (62 FR

8402) titled. ‘‘ Liquefied Natural Gas

Regulations—Miscellaneous

Amendments.’’ In that rule RSPA

updated the Liquefied Natural Gas

(LNG) regulations by replacing the

current ‘Flammable vapor-gas

dispersion protection’ method with a

method based on the ‘dense gas

dispersion (DEGADIS)’ model, and

replacing the current ‘Thermal radiation

protection’ method with a method based

on the ‘‘LNGFIRE’’ program model. In

addition, that final rule incorporated

safety requirements for mobile and

temporary LNG facilities by referencing

to the National Fire Protection

Association (NFPA) Standard 59A (1996

edition).

RSPA did not receive any comments

relative to the direct final rule

provisions for § 193.2057, Thermal

radiation protection, and § 193.2059,

Flammable vapor-gas dispersion

protection. Therefore, a separate

document [62 FR 36465; July 8, 1997]

confirming that the changes to Sections

193.2057 and 193.2059 in the direct

final rule became effective on June 25,

1997, was sent to the Federal Register.

RSPA received two comments on the

requirements for mobile and temporary

LNG facilities. One comment was from

the industry and a second was from an

individual employed by a state utility

commission. The industry comment,

from the largest independent natural gas

distribution company in New England,

applauded RSPA’s incorporation by

reference of the safety requirements for

mobile and temporary LNG facilities in

the NFPA standard 59A. This

commenter stated that the waiver

approval process for temporary LNG

facilities was burdensome because a

separate waiver request to state

regulators was required for each facility.

However, the commenter praised RSPA

for issuing a direct final rule which

would no longer require a waiver from

Part 193 requirements for these LNG

facilities if they comply with NFPA

59A.

The commenter from the state utility

commission expressed concern over

adopting the NFPA standard 59A by

reference for the mobile and temporary

LNG facilities. This commenter noted

that the specific provisions of the 16

alternative requirements for mobile LNG

facilities that were jointly developed by

New England area state representatives

were missing or were inadequately

addressed in the NFPA standard 59A.

This commenter stated that RSPA

should review the requirements in

greater detail, and ensure all 16 items

were addressed before adopting NFPA

59A.

RSPA, prior to initiating this

rulemaking, reviewed all 16 alternative

requirements and, with the exception of

one issue (namely, requiring an operator

to notify the State agency having

jurisdiction at least 2 weeks in advance),

determined that all requirements are

adequately addressed in NFPA standard

59A. The NFPA did not include this

requirement in standard 59A because it

is beyond the NFPA’s scope. RSPA did

not include it in the previous direct

final rule. However, RSPA is adding that

requirement in this direct final rule.

As described in the direct final rule

(February 25, 1997; 62 FR 8402), RSPA

is amending 49 CFR Part 193 by adding

a section 193.2019 on mobile and

temporary LNG facilities. Mobile and
41312 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations

temporary LNG facilities have a good

safety record and their use has become

quite common. However, Part 193

currently does not contain requirements

for such temporary operations and many

temporary operations cannot meet some

of the Part 193 requirements. In those

cases, operations have been authorized

through waivers issued by the relevant

states, and approved by RSPA, for

mobile and temporary facilities for

peakshaving applications, for service

maintenance during gas pipeline

systems repair/alteration, or for other

short term applications. In acting on

waiver requests, RSPA reviews

justification for not complying with Part

193 and requires alternative safety

provisions to maintain public safety.

There has been no adverse impact on

safety as a result of the waiver process

and RSPA anticipates an equivalent

level of safety following implementation

of this direct final rule. The safety

guidelines and the restrictions for LNG

mobile facilities in applicable sections

of NFPA 59A (1996 edition) provide an

adequate level of assurance of public

safety. The safety guidelines are

identical to those required as conditions

for waiver except for the requirement

shown as follows:

‘‘The State agency having jurisdiction

over pipeline safety in the State in

which the portable LNG equipment is to

be located must be provided with a

location description for the installation

at least 2 weeks in advance, including

to the extent practical, the details of

siting, leakage containment or control,

fire fighting equipment, and methods

employed to restrict public access,

except that in the case of emergency

where such notice is not possible, as

much advance notice as possible must

be provided.’’

Because RSPA has determined that all

16 alternative requirements have now

been addressed and for the other

reasons stated above, we do not see any

necessity for issuing a proposed rule.

Therefore, RSPA is incorporating by

reference NFPA 59A for mobile and

temporary LNG facilities in this direct

final rule. Operators will no longer need

a waiver from Part 193 requirements for

mobile facilities if they comply with the

applicable sections of NFPA 59A and

the requirement stated above. This will

reduce the burden on the industry and

state and federal governments without

compromising safety.

Rulemaking Analysis and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This rule is not considered to be a

significant regulatory action under

section 3(f) of Executive Order 12866,

and is not considered significant under

DOT Regulatory Policies and Procedures

(44 FR 11034; February 26, 1979).

This rule amends LNG regulations to

include requirements for mobile and

temporary facilities. This is consistent

with the President’s goal of regulatory

reinvention and improvement of

customer service to the American

people. There is no additional cost to

comply with this rule. These changes do

not warrant preparation of a Regulatory

Evaluation.

Executive Order 12612

This action has been analyzed under

the criteria of Executive Order 12612 (52

FR 41685; October 30,1987) and does

not have sufficient federalism impacts

to warrant the preparation of a

Federalism Assessment.

Regulatory Flexibility Act

Based on the facts available

concerning the impact of this rule, I

certify under section 606 of the

Regulatory Flexibility Act that it does

not have a significant impact on a

substantial number of small entities.

Paperwork Reduction Act

This rule does not modify the

paperwork burden that LNG operators

already have. Therefore, a paperwork

evaluation is unnecessary.

List of Subjects in 49 CFR Part 193

Fire prevention, Incorporation by

reference, Pipeline safety, Reporting and

recordkeeping requirements, Security

measures.

In consideration of the foregoing,

RSPA amends part 193 of title 49 of the

Code of Federal Regulations as follows:

PART 193—[AMENDED]

1. The authority citation for part 193

continues to read as follows:

Authority: 49 U.S.C. 5103, 60103, 60104,

60108, 60109, 60111, 60112, 60118; and 49

CFR 1.53.

2. Part 193 is amended by adding

§ 193.2019 to subpart A to read as

follows:

Subpart A—General

§ 193.2019 Mobile and temporary LNG

facilities

(a) Mobile and temporary LNG

facilities for peakshaving application,

for service maintenance during gas

pipeline systems repair/alteration, or for

other short term applications need not

meet the requirements of this part if the

facilities are in compliance with

applicable sections of NFPA 59A (1996

edition).

(b) The State agency having

jurisdiction over pipeline safety in the

State in which the portable LNG

equipment is to be located must be

provided with a location description for

the installation at least 2 weeks in

advance, including to the extent

practical, the details of siting, leakage

containment or control, fire fighting

equipment, and methods employed to

restrict public access, except that in the

case of emergency where such notice is

not possible, as much advance notice as

possible must be provided.

Issued in Washington, D. C. on July 28,

1997.

Kelley S. Coyner

Acting Administrator

[FR Doc. 97–20296 Filed 7–31–97; 8:45 am]

BILLING CODE 4910–60–U