8402 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

(d) Issue notices of proposed

rulemaking, notices of inquiry or to

issue report and orders arising from

either of the foregoing, except that the

Chief, Cable Services Bureau shall have

authority to issue notices of rulemaking

and report and orders redesignating

market areas in accordance with section

614(f) of the Communications Act of

1934, as amended; and

(e) Act on any applications in the

Cable Television Relay Service that

present novel questions of fact, law, or

policy that cannot be resolved under

existing precedents and guidelines.

[FR Doc. 97–4566 Filed 2–24–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 193

[Docket No. PS–151; Amdt. 193–13]

RIN 2137–AC 91

Liquefied Natural Gas Regulations—

Miscellaneous Amendments

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Direct final rule.

SUMMARY: This direct final rule updates

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,

this final rule incorporates safety

requirements for mobile and temporary

LNG facilities by referring to the

National Fire Protection Association

(NFPA) Standard 59A (1996 edition)—

Standard for the Production, Storage

and Handling of Liquefied Natural Gas

(LNG).

DATES: This direct final rule takes effect

June 25, 1997 unless RSPA receives

adverse comments or notice of intent to

file adverse comment by April 28, 1997.

The incorporation by reference of

certain publications listed in the rule is

approved by the Director of the Federal

Register as of June 25, 1997. If RSPA

does not receive any adverse comment

or notice of intent to file an adverse

comment by April 28, 1997 the rule will

become effective on the date specified.

RSPA will issue a subsequent notice in

the Federal Register by May 27, 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: Written comments must be

submitted in duplicate and mailed or

hand-delivered to the Dockets Unit,

room 8421, U.S. Department of

Transportation, Research and Special

Programs Administration, 400 Seventh

Street, SW., Washington, DC 20590.

Identify the docket and notice numbers

stated in the heading of this notice. All

comments and materials cited in this

document will be available for

inspection and copying in room 8421

between 8:30 a.m. and 4:30 p.m. each

business day. Non-federal employee

visitors are admitted to the DOT

headquarters building through the

southwest quadrant entrance at Seventh

and E Streets.

FOR FURTHER INFORMATION CONTACT:

Mike Israni, (202) 366–4571, 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

Section 193.2019 Mobile and

Temporary LNG Facilities

RSPA is amending 49 CFR Part 193 by

adding a section 193.2019 on mobile

and temporary LNG facilities. Mobile

and 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 section 2–3.4 of the

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. Thus, we do not see any

necessity for issuing a proposed rule.

Therefore, RSPA is incorporating by

reference NFPA 59A section 2–3.4 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 section 2–3.4 of NFPA

59A. This will reduce the burden on the

industry and state and federal

governments without compromising

safety.

Section 193.2057 Thermal Radiation

Protection

RSPA is amending Section 193.2057,

‘‘Thermal radiation protection’’, by

deleting the method prescribed and

replacing it with a method based on the

‘‘LNGFIRE’’ program model developed

by the Gas Research Institute (GRI).

RSPA is amending this section in

response to an American Gas

Association (AGA) petition dated

October 14, 1992.

According to the AGA petition, the

current method is a simple geometrical

method with assumptions of flame

radiant properties for computing the

radiation from burning vapor above a

concentric pool. Flame radiant

properties were rationalized to provide

results that agree with early

experimental results for the lowest level

of radiant exposures. The current

method also assumes an idealized tilted

cylindrical flame. Experimental data

shows that the current method

underestimates exclusion distances for

large pool fires, such as those that could

occur in a tank dike, and overestimates

exclusion distances for small and high

ratio length-to-width rectangular fires

that could occur in pipe impoundments.

AGA states that since 1982 GRI has

funded a series of research projects

dealing with LNG pool fire radiation.

This research has culminated in a model

which more accurately reflects

experimental data. The research has also

produced a personal computer based

program called ‘‘LNGFIRE.’’ This

computer model has numerous

advantages over the current method,

including the ability to account for a

wide variety of containments. The

resulting computer program is easy to

use and is in the public domain. The

results of the model and the ‘‘LNGFIRE’’

program correlate very well with

experimental results from the numerous
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8403

pool fire tests conducted during the last

15 years.

AGA further explains that the

‘‘LNGFIRE’’ program and model

effectively take into account wind

speed, relative humidity and

asymmetrical pool configuration. One

unique feature in the ‘‘LNGFIRE’’

program model is the effect called wind

drag. This is the tendency of the wind

to move the base of the flame downwind from the pool. The ‘‘LNGFIRE’’

program also calculates the heat output

of the fire based on the heating value,

density and boiling temperature of the

LNG. Although average default

properties are included in the program,

the properties of unusually heavy or

light LNG can be substituted to reflect

the product used at a particular facility.

RSPA agrees with the AGA’s rationale

and is replacing the current thermal

radiation protection method with the

method based on the ‘‘LNGFIRE’’

program model.

Section 193.2059 Flammable VaporGas Dispersion Protection

RSPA is amending section 193.2059,

‘‘Flammable vapor-gas dispersion

protection,’’ by deleting the prescribed

method based on the mathematical

model in Appendix B of the AGA’s 1974

report, ‘‘Evaluation of LNG Vapor

Control Methods,’’ also referred to as the

Gaussian Line Source (GLS) model, and

replacing it with the ‘‘DEGADIS’’ dense

gas dispersion model. RSPA is

amending this section in response to the

American Gas Association (AGA)

petition dated October 14, 1992.

According to the AGA petition, the

dispersion models available at the time

the current federal regulation was

issued were limited. Based on the

limited vapor dispersion data available

in 1980, DOT provided for use of the

GLS dispersion model as the method for

calculating LNG vapor-gas dispersion

siting standards. The GLS dispersion

model does not account for important

LNG vapor dispersion phenomena,

including gravity spreading, negative or

positive buoyancy effects on air

entrainment, surface-to-cloud heat

transfer, or phase change energy effects

associated with air humidity.

AGA states that under GRI

sponsorship beginning in 1982,

extensive vapor dispersion experimental

and analytical work has been

conducted. The DEGADIS dispersion

model, developed for GRI and the U.S.

Coast Guard and recently modified (to

allow application to elevated jet

releases) for the U.S. Environmental

Protection Agency (EPA), accounts for

effects described above and can be run

on a personal computer.

AGA further explains that the

DEGADIS model has been shown to be

consistent with a wide range of

laboratory and field test data for dense

gas releases on a flat surface with

dispersion over unobstructed flat

terrain. Comparison of DEGADIS model

predictions with data obtained from

pertinent vapor dispersion field tests

has been reviewed. To provide direct

comparison with the GLS model

prescribed in 49 CFR 193.2059, the

maximum predicted distance to 2.5%

methane concentration was determined

for 324 LNG release scenarios with the

DEGADIS and GLS models. DEGADIS

generally predicted the longer distances

to the 2.5% methane concentration level

than the GLS model for ‘‘B’’

atmospheric stability and shorter

distances than the GLS model for ‘‘F’’

stability.

AGA states that the recommendation

for specification of a surface roughness

factor of 3 cm in DEGADIS presumes the

terrain upwind of the LNG release to be

covered with short (order 10 cm) grass.

The value of this surface roughness

factor is recommended for normal usage

to provide consistency with the implicit

assignment of 3 cm surface roughness

factor in the application of the Guassian

model currently prescribed.

The theoretical and experimental

basis for the DEGADIS model are fully

reviewed in GRI Report No. 89/0242 and

its applicability to LNG vapor

dispersion prediction has been

considered.

The results given in the GRI report

indicate that the DEGADIS model is

superior both in dispersion phenomena

and performance to the GLS model

promulgated in 49 CFR 193.2059 for

LNG vapor dispersion simulation.

Availability in IBM–PC formats

provides for wide use of the DEGADIS

model. The DEGADIS model has been

accepted and used by federal agencies

such as the Federal Emergency

Management Administration (FEMA),

the National Oceanic and Atmospheric

Administration (NOAA), EPA, and the

U.S. Coast Guard for dense gas vapor

dispersion analysis. It has also been

incorporated in the ALOHA (Area

Location of Hazardous Atmospheres)

model. ALOHA is designed for on-site

use at accidental releases for emergency

response planning purposes. The South

Coast Air Quality Management District

of California has also accepted the use

of the DEGADIS model.

Since the DEGADIS model is in the

public domain, is recognized by other

federal and state agencies, and provides

significantly more realistic

determination of vapor exclusion

distances than the GLS model currently

in 49 CFR 193.2059, RSPA is adopting

the DEGADIS model.

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 rule replaces

the current method prescribed for

‘‘Thermal Radiation Protection’’ with

the ‘‘LNGFIRE’’ program model. In

addition, this rule replaces the current

method prescribed for ‘‘Flammable

vapor-gas dispersion protection’’ with

the ‘‘DEGADIS’’ dense gas dispersion

model. 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.
8404 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

2. Part 193 is amended by adding

§ 193.2019 to subpart A to read as

follows:

§ 193.2019 Mobile and temporary LNG

facilities.

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 section

2–3.4 of NFPA 59A (1996 edition).

3. Section 193.2057 is amended by

revising paragraphs (b) and (c)(1) to read

as follows:

§ 193.2057 Thermal radiation protection.

* * * * *

(b) Measurement. The exclusion

distance ‘‘d’’ is the horizontal distance

measured from the impoundment area

to the target where the following apply:

(1) The maximum calculated

exclusion distance for each thermal flux

level shall be used for that exposure

(offsite target) in paragraph (d) of this

section.

(2) The wind speed producing the

maximum exclusion distances shall be

used except for wind speeds that occur

less than 5 percent of the time based on

recorded data for the area.

(3) The ambient temperature and

relative humidity that produce the

maximum exclusion distance shall be

used except that values that occur less

than 5 percent of the time based on

recorded data for the area shall not be

used.

(4) Properties of LNG with the highest

anticipated heating value shall be used.

(5) The height of the flame base

should be that of any dike or

containment in relation to the

horizontal reference plane. The height

of the target shall be in relation to the

same reference plane.

(c) * * *

(1) The method of calculating the

exclusion distances for levels of radiant

exposure listed in paragraph (d) of this

section shall be the method described in

Gas Research Institute report GRI–89/

0176 and also available as the

‘‘LNGFIRE’’ computer program from

GRI.

* * * * *

4. The ‘‘Impoundment & Topography

Elevation Profile’’ diagram following

§ 193.2057(b) of this section is removed.

5. Section 193.2059 is amended by

revising paragraphs (c) introductory text

and (d)(1)(ii) and adding paragraph

(c)(4), to read as follows:

§ 193.2059 Flammable vapor-gas

dispersion protection.

* * * * *

(c) Computing dispersion distance. A

minimum dispersion distance must be

computed for the impounding system. If

grading and drainage are used under

§ 193.2149(b), operators must comply

with the requirements of this section by

assuming the space needed for drainage

and collection of spilled liquid in an

impounding system. Dispersion

distances must be determined in

accordance with the following

dispersion parameters, using the

‘‘DEGADIS’’ model described in Gas

Research Institute report No. GRI 89/

0242 titled ‘‘LNG Vapor Dispersion

Predication with the DEGADIS Dense

Gas Dispersion Model’’, or a model for

vapor dispersion which meets the

requirements of § 193.2057(c)(2)(ii)

through (iv):

* * * * *

(4) A surface roughness factor of 3 cm

shall be used. Higher values for the

roughness factor may be used if it can

be shown that the terrain both upwind

and downwind of the vapor cloud has

dense vegetation and that the vapor

cloud height is more than ten times the

height of the obstacles encountered by

the vapor cloud.

(d) * * *

(1) * * *

(ii) In determining variations in the

vaporization rate due to surface contact,

the time necessary to wet 100 percent of

the impounding floor area shall be

determined by equation C–9 in the 1974

AGA report titled ‘‘Evaluation of LNG

Vapor Control Methods,’’ or by using an

equivalent personal computer program

based on equation C–9 or by an

alternative model which meets the

requirements of § 193.2057(c)(2)(ii)

through (iv).

* * * * *

6. Appendix A to Part 193 is amended

in subsection I. by revising the entries

E., F., G., and H. and adding an entry

I., and amended in subsection II. by

redesignating entries F. and G. as entries

G. and H. and adding a new entry F. to

read as follows:

Appendix A to Part 193—Incorporation

by Reference

I. List of Organizations and Addresses

* * * * *

E. American Society of Civil Engineers

(ASCE), 345 East 47th Street, New York, NY

10017–2398.

F. American Society of Mechanical

Engineers (ASME), United Engineering

Center, 345 East 47th Street, New York, NY

10017.

G. Gas Research Institute (GRI), 8600 West

Bryn Mawr Ave, Chicago, IL 60631.

H. International Conference of Building

Officials, 5360 South Workman Mill Road,

Whittier, CA 90601.

I. National Fire Protection Association

(NFPA), 1 Batterymarch Park, P.O.Box 9101,

Quincy, MA 02269–9101.

II. Documents Incorporated by Reference.

(Numbers in Parentheses Indicate Applicable

Editions)

* * * * *

F. Gas Research Institute (GRI):

1. GRI–89/0176 ‘‘LNGFIRE: A Thermal

Radiation Model for LNG Fires’’ (June 29,

1990).

2. GRI–89/0242 ‘‘LNG Vapor Dispersion

Prediction with the DEGADIS Dense Gas

Dispersion Model’’ (April 1988–July 1990).

* * * * *

Issued in Washington, D.C. on January 23,

1997.

Kelley S. Coyner,

Deputy Administrator.

[FR Doc. 97–4614 Filed 2–24–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 970211028–7028–01; I.D.

012397A]

RIN 0648–AJ34

Fisheries of the Northeastern United

States; Framework 21 to the Northeast

Multispecies Fishery Management Plan

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement measures contained in

Framework Adjustment 21 to the

Northeast Multispecies Fishery

Management Plan (FMP). These

regulations allow vessels with general

category scallop permits or limited

access permits, if not fishing under a

days-at-sea (DAS) limitation, to fish for

scallops with small dredges (combined

width not to exceed (10.5 ft (3.2 m))

within the Gulf of Maine Small Mesh

Northern Shrimp Fishery Exemption

Area. The intent of this action is to

allow small scallop dredge vessels to

harvest scallops in a manner that is

consistent with the bycatch reduction

objectives of the FMP.

EFFECTIVE DATE: February 20, 1997.

ADDRESSES: Copies of Amendment 7 to

the FMP (Amendment 7), its regulatory

impact review and the initial regulatory

flexibility analysis, its final

supplemental environmental impact

statement (FSEIS), and the supporting