[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Rules and Regulations]
[Pages 41311-41312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20296]


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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.

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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: <a href="/cdn-cgi/l/email-protection#dcb1b5b7b9f2b5afaebdb2b59caeafacbdf2b8b3a8f2bbb3aa"><span class="__cf_email__" data-cfemail="e78a8e8c82c98e949586898ea795949786c9838893c9808891">[email protected]</span></a>, 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 Sec. 193.2057, Thermal radiation protection, and 
Sec. 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

[[Page 41312]]

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 Sec. 193.2019 to subpart A to read 
as follows:

Subpart A--General


Sec. 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


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