Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27903

from placing incentives in contracts

with health care providers or health care

workers that would limit providers’ or

health care workers’ ability to discuss

medically necessary treatment options

with Federal enrollees. We are aware

that a proposal to enact a ‘‘gag clause’’

regulation raises three broad areas of

concern regarding: (1) potential

impairment of a health plan’s ability to

review utilization against appropriate

treatment protocols, (2) potential

conflict with providers’ (including

carriers’) ethical or moral beliefs, and (3)

impact on providers’ or workers’ ability

to discuss non-covered or high cost

treatment options. This regulation is not

intended to limit a health plan’s ability

to perform utilization review nor is it

intended to cause providers or health

care workers to discuss treatment

options that they would not ordinarily

discuss in their normal course of

practice because such options are

against their professional judgement

and/or ethical, moral or religious

beliefs. The regulation will ensure that

providers or health care workers have

the ability to communicate fully and

openly with patients regarding

medically necessary treatment options

regardless of cost or whether the

benefits are covered by their health

plan. Simply stated, the amended

regulation is intended to remove any

contractual impediment to a candid and

open physician-patient relationship.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because the regulation will only affect

health insurance carriers under the

Federal Employees Health Benefits

Program.

Executive Order 12866, Regulatory

Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with Executive Order 12866.

List of Subjects in 48 CFR Part 1609

Administrative practice and

procedure, Government employees,

Health facilities, Health insurance,

Health professionals, Hostages, Iraq,

Kuwait, Lebanon, Reporting and record

keeping requirements, Retirement.

Office of Personnel Management.

Janice R. Lachance,

Director.

For the reasons set forth in the

preamble OPM proposes to amend 48

CFR Part 1609 as follows:

Subpart 1609.70—Minimum Standards

for Health Benefit Carriers

1. The authority citation for 48 CFR

Part 1609 continues to read as follows:

Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c);

48 CFR 1.301.

2. In § 1609.7001 new paragraph (c)(7)

is added to read as follows:

§ 1609.7001 Minimum Standards for Health

Benefits Carriers

* * * * *

(c) * * *

(7) Entering into contracts with

providers or health care workers that

include incentive plans that directly or

indirectly create an inducement to limit

communication of, or reduce, medically

necessary services to any individual

covered under the FEHB Program.

[FR Doc. 98–13782 Filed 5–19–98; 2:20 pm]

BILLING CODE 6325–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 195

[Docket No. RSPA–97–2095; Notice 1]

RIN 2137–AC11

Pipeline Safety: Adoption of Industry

Standards for Breakout Tanks

AGENCY: Research and Special Programs

Administration (RSPA),DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This proposed rule would

incorporate industry consensus

standards for aboveground storage tanks

into the regulations for the

transportation of hazardous liquids by

pipelines. This action would upgrade

the pipeline safety regulations for

breakout tanks to the level of the

industry standards currently applicable

to other steel petroleum tanks at tank

farms and refineries throughout the

United States. The proposed

incorporation of these industry

published standards would ensure the

safety of breakout tanks used in the

transportation of petroleum, petroleum

products or anhydrous ammonia.

DATES: RSPA invites interested persons

to submit comments by July 20, 1998.

Late filed comments will be considered

as far as practicable.

ADDRESSES: All commenters should

identify the docket number as RSPA–

97–2095 and the subject heading as

‘‘Pipeline Safety: Adoption of Industry

Standards for Breakout Tanks.’’ Written

comments should be mailed or

delivered to the Docket Facility, U.S.

Department of Transportation, Room

#PL–401, 400 Seventh Street, SW,

Washington, DC 20590–0001. The

original and two copies of the comments

should be submitted. Persons mailing

comments and desiring confirmation of

their receipt must include a selfaddressed stamped postcard. 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. Comments may also be

submitted electronically via e-mail to

ops.comments@rspa.dot.gov. Files

should be sent in ASCII or text format.

FOR FURTHER INFORMATION CONTACT:

Albert C. Garnett, Office of Pipeline

Safety (OPS), telephone: (202) 366–

2036, FAX: (202) 366–4566, e-mail:

albert.garnett@rspa.dot.gov regarding

the subject matter of this notice; or the

Docket Facility, telephone (800) 647–

5527 regarding copies of this notice or

other material in the docket.

Comments that have been scanned

into the docket may be accessed

electronically and read at http://

dms.dot.gov. General information about

the RSPA/Office of Pipeline Safety

programs can be obtained by accessing

OPS’s internet homepage at http://

ops.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

Definition and Regulation of Breakout

Tanks

In 49 CFR § 195.2 a breakout tank is

defined as a tank used to: (a) relieve

surges in a hazardous liquid pipeline

system; or (b) receive and store

hazardous liquid transported by a

pipeline for reinjection and continued

transportation by pipeline. Hazardous

liquids are defined in 195.2 as:

petroleum, petroleum products, or

anhydrous ammonia.

Breakout tanks are designed,

constructed, operated, and maintained

to the same industry standards as other

storage tanks throughout the petroleum

industry. Consequently, breakout tanks

are indistinguishable from other storage

tanks that may be located at the same

pipeline terminal. They are simply

tanks that the operator has assigned to

breakout tank functions.

These steel storage tanks are

constructed in various configurations,

sizes, and material properties to safely

contain the liquids and their volatility at

the design temperature(s) and

pressure(s). Most breakout tanks are

aboveground vertical cylindrical tanks

that are classified as either atmospheric
27904 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

tanks or low-pressure tanks. However,

liquefied petroleum gas (LPG) may be

stored at high-pressures in aboveground

tanks with configurations that are more

similar to that of ASME Code pressure

vessels.

Atmospheric Storage Tanks

Atmospheric storage tanks are those

designed to operate their vapor spaces at

internal pressures that are

approximately atmospheric (vapor

pressures not exceeding 2.5 psig).

Atmospheric storage tanks are used for

commodities such as: crude oil, heavy

oils, gas oils, furnace oils, naphtha,

gasoline, and nonvolatile chemicals.

The roofs of atmospheric storage tanks

may take various forms.

An atmospheric cone-roof tank has

roof plates that are supported by

internal rafters, purlins, columns, and

by the top of the cylindrical tank shell.

An atmospheric umbrella-roof tank has

roof plates formed from curved

segments that are completely supported

by the top of the cylindrical tank shell.

When such fixed roof tanks are fitted

with an internal floating roof, the

breathing and filling losses are

minimized by the elimination of the

vapor space above the stored liquid.

Another type of atmospheric tank

uses an external floating roof that is also

designed to minimize the breathing and

filling losses by the elimination of the

vapor space above the stored liquid.

Occasionally, such an ‘‘open-top’’

external floating-roof tank is retrofitted

with an aluminum roof that is

supported at the top of the cylindrical

tank shell. This aluminum fixed roof

shields the (former external) floatingroof and the stored hazardous liquid

from the adverse effects of severe

rainfalls and snowfalls.

Low-Pressure Storage Tanks

Low-pressure tanks are those

designed to operate their vapor spaces at

internal pressures above 2.5 psig, but

not exceeding 15 psig. Low pressure

storage tanks are used for commodities

such as: light crude oils, some gasoline

blending stocks, light naphtha, pentane,

and some highly volatile liquids.

There are several designs to withstand

the vapor pressure that may develop in

low-pressure tanks. Tanks without a

device or means to change the internal

volume (i.e., vary the vapor space above

the stored liquid) have hemispherical,

spheroidal, and noded spheroidal

configurations to contain the stored

liquid and vapor pressure. Other roof

designs accommodate the vapor

pressure by providing a variable vapor

space above the stored liquid. Such

tanks are described as breather-roofs,

balloon-roofs, and vapor-dome roofs.

High-Pressure Tanks

Breakout tanks used to contain

pressures of at least 15 psig are designed

in accordance with the ASME Boiler

and Pressure Vessel Code, Pressure

Vessels, Section VIII, Division 1 and 2.

Such pressure tanks with spherical or

cylindrical (horizontal) configurations

are often used to store highly volatile

liquids such as liquefied petroleum gas

(LPG). LPG includes propane,

propylene, butanes (normal butane and

isobutane), and butylenes. Because of

their configuration, tanks that store LPG

are commonly described as ‘‘spheres’’

and ‘‘bullets’’.

Number of Breakout Tanks

There are at least 9,000 breakout tanks

in the United States. This estimate is

based on the results of an

‘‘Aboveground Storage Tank Survey’’

conducted for the American Petroleum

Institute (API) that were presented in an

April 1989 report. In that 1989 report,

an estimated 9,197 breakout tanks were

calculated to have a total capacity of

556,183,000 barrels. Approximately,

18% were over 100,000 barrels capacity

and 71% were estimated to have been

constructed since 1948.

Breakout Tank Accident Reporting

Section 195.50 ‘‘Reporting accidents.’’

sets out the requirements, including the

threshold limits, for accidents to

pipelines (includes accidents to

breakout tanks) that are to be reported

to RSPA by the operator.

Need To Adopt Industry Standards

The failure of a storage tank not

associated with pipeline transportation

provided much of the incentive to

improve industry standards for

aboveground steel storage tanks. On

January 2, 1988, at a barge terminal in

Florefee, Pennsylvania, a newly

recommissioned 120 ft. diameter by 48

ft. high storage tank suddenly collapsed

and released 3.9 million gallons of

diesel oil. Although the earthen dike

contained most of the diesel oil, an

estimated 750,000 gallons were spilled

into the Monongahela River and

eventually flowed into the Ohio River.

Recovery was estimated at 27.3%.

The publicity and costly

consequences of this failure caused

widespread concern about the safety of

all aboveground storage tanks.

Responding to the aftermath of this

event, petroleum industry engineers

instituted a review of the various

industry published standards applicable

to aboveground storage tanks. These

reviews resulted in considerable

updating of existing standards and the

development of several new standards

by the American Petroleum Institute.

In the 10-year period from 1987–1996,

operators of breakout tanks reported 152

accidents to RSPA. These accidents

caused no deaths; three injuries to

pipeline personnel; $12,422,894 of

property damage; and 153,972 barrels to

be spilled (of which 39,087 barrels were

not recovered). The three injuries

occurred as a result of explosions. The

causes were reported as: 25 leaks in the

tank floor; 30 incorrect operations; 8

outside forces; and 26 malfunctions of

control or relief equipment. The

remaining 63 were related to problems

with floating roof water drain lines,

lightning, and miscellaneous other

causes.

The pipeline safety regulations have

not been revised to reflect the updating

and development of new industry

standards for aboveground steel storage

tanks. Instead, they remain very limited

in scope and too general to address

many safety-related aspects. For

example, in ‘‘Subpart C—Design

Requirements’’, the design of breakout

tanks is set out in a single sentence in

§ 195.132, which reads: ‘‘Each

aboveground breakout tank must be

designed to withstand the internal

pressure produced by the hazardous

liquid to be stored therein and any

anticipated external loads.’’ This fails to

spell out several critical engineering

subjects, such as materials, design,

fabrication, erection, methods of

inspecting joints, welding procedure

and welder qualifications, and marking.

Moreover, there is no mention of other

important topics including foundations,

external floating roofs, seismic design,

aluminum dome roofs, internal floating

roofs, undertank leak detection and

subgrade protection, and requirements

for operating at elevated temperatures.

These topics are covered in detail in API

Standard 650—‘‘Welded Steel Tanks for

Oil Storage.’’ In the pipeline safety

regulations for hazardous liquids,

similar insufficiencies for breakout

tanks exist in ‘‘Subpart D-Construction’’,

‘‘Subpart E-Pressure Testing,’’ and

‘‘Subpart F-Operation and

Maintenance.’’

Consequently, RSPA recognizes the

need to update the safety regulations for

breakout tanks. The most appropriate

means of updating is the incorporation

by reference into Part 195 of selected

industry consensus standards. They are

widely understood and have been

extensively implemented by the

operators of breakout tanks.
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27905

Recommendations by Texas

Transportation Institute

To obtain professional assistance in

the selection of the industry standards

to be incorporated into the regulations

for breakout tanks, RSPA contracted

with the Texas Transportation Institute

(TTI) for engineering support services.

TTI is associated with Texas A&M

University at College Station, Texas.

TTI’s findings are contained in their

report titled—‘‘Engineering Support

Services For The Office Of Pipeline

Safety (Task 1) July 1997.’’

TTI conducted a review of industry

publications relating to the aboveground

steel storage tanks commonly used at

petroleum pipeline terminals. TTI

engineers also visited 16 petroleum

pipeline terminals in six states. The

terminals selected were geographically

dispersed in an effort to observe a

sampling of the breakout tanks in the

contiguous 48 states. The terminals

were located in Newark, NJ; Baton

Rouge, LA; Tulsa, OK; Houston,

Colorado City, Kermit, and McCamey,

TX; Long Beach, Morro Bay, Bakersfield

and Concord, CA; and Superior, WI.

The 411 storage tanks observed at the

16 terminals had a storage capacity of 47

million barrels. Along with their sitespecific observations, the TTI engineers

noted that the majority of these breakout

tanks were built before 1950

[apparently, these 411 tanks were

constructed earlier than the estimated

average age of the 9,147 tanks reported

under the heading ‘‘Number of Breakout

Tanks’’ (above)] and that all tanks built

before 1936 were riveted. They also

reported that the general condition and

appearance of the tanks was excellent.

Based on their literature review,

discussions with terminal personnel,

and personal observations of the

breakout tanks, the TTI engineers

recommended the incorporation by

reference into 49 CFR Part 195 of six

API Standards, four API Recommended

Practices, and NAPA 30, a Code

published by the National Fire

Protection Association. RSPA sought the

input of storage tank professionals

representing the API on these findings.

Pre-Notice Consultation

RSPA provided its stakeholders (i.e.

operators of breakout tanks, the

petroleum industry and the general

public) the opportunity to provide early

input on RSPA’s intent to incorporate

industry standards for storage tanks

through a series of meetings:

• On January 29, 1997, in New

Orleans, LA, at a public meeting

attended by representatives of both the

pipeline industry and environmental

interests (public and government), a

representative of OPS presented the

need for updating the breakout tank

regulations and announced the industry

standards being considered for adoption

into 49 CFR Part 195. (Notice of Public

Hearing; Response Plans for Onshore

Oil Pipelines) (62 FR 2989; January 21,

1997).

• On April 9, 1997, in San Diego, CA,

at the 62nd API Spring Refining

Meeting, a representative of OPS

advised fellow members of the API

Subcommittee on Pressure Vessels and

Tanks of RSPA’s plans to adopt certain

API aboveground tank standards and

portions of NFPA 30.

• On May 7, 1997, in Washington,

DC, at its semi-annual meeting, a

representative of OPS made a similar

presentation to the Technical Hazardous

Liquid Pipeline Safety Standards

Committee and to others at the open

meeting (Meetings of Pipeline Safety

Advisory Committees) (62 FR 16212;

April 4, 1997).

Consensus Standards Proposed To Be

Incorporated By Reference

RSPA proposes to incorporate nine of

the eleven TTI recommendations. Not

proposed for adoption is API Standard

2015—‘‘Safe Entry and Cleaning of

Petroleum Storage Tanks, Planning and

Managing Tank Entry from

Decommissioning Through

Recommissioning’’. Tank cleaning is not

covered under the pipeline safety

regulations. The potential hazards to

personnel and the environment

associated with tank cleaning are

covered under regulations issued by the

Occupational Health and Safety

Administration (OSHA) and the

Environmental Protection Agency

(EPA).

Also, not proposed for adoption is

API Standard 2610—‘‘Design,

Construction, Operation, Maintenance,

and Inspection of Terminal & Tank

Facilities’’. This standard is a

compilation of industry knowledge,

information, and management practices

for all relevant aspects of terminal and

tank operations aggregated into an

overview document. It was prepared to

be an indexing standard and references

some 145 documents that were prepared

and published by a myriad of federal

and other national and international

organizations. Consequently, API

Standard 2610 is too complex for

inclusion in this rulemaking.

In addition to the nine TTI documents

selected, RSPA proposes to incorporate

three additional documents: API

Specification 12F—‘‘Specification for

Shop Welded Tanks for Storage of

Production Liquids’’; API Publication

2026—‘‘Safe Descent Onto Floating

Roofs of Tanks in Petroleum Service’’;

and API Standard 2510—‘‘Design and

Construction of LPG Installations.’’

Section 195.3(c) currently lists the full

title and edition of 18 publications

incorporated by reference in Part 195.

Now, this notice would incorporate an

additional five API Standards, one API

Specification, four API Recommended

Practices, one API Publication, and

portions of NAPA 30.

API Standards, Specifications,

Recommended Practices, Publications

and NAPA 30

In the preamble of this notice the term

‘‘standard(s)’’ has been used generically

to describe certain industry consensus

documents developed for aboveground

steel petroleum storage tanks. More

specifically, the API standards selected

for incorporation by reference have been

classified by API as Standards,

Specifications, Recommended Practices,

and Publications. Similarly, NFPA 30

has been classified by the NFPA as a

Code. RSPA understands that these

classifications have been chosen to

indicate the varying levels of

prescriptiveness intended by the

publishers.

This proposal attempts to follow the

intended level of prescriptiveness

between these Standards,

Specifications, Codes, Recommended

Practices, and Publications. However,

this proposal provides clarification

necessary for incorporation into Federal

rules. Accordingly, for this rulemaking,

operators of breakout tanks would be

expected to comply with these industry

classifications as follows:

• Standard, Specification or Code—

An operator would be expected to

comply with the provisions as though

they were printed in full in Part 195.

• Recommended Practice—An

operator would be expected to follow

the provisions unless the operator notes

in the procedural manual the reasons

why compliance with all or certain

provisions is not necessary for the safety

of a particular breakout tank or tanks.

• Publication—These provisions

provide guidelines, safety practices and

precautions for the operator’s review

and consideration for inclusion in the

procedural manual.
27906 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

1The descriptions of these documents are

excerpted from material in the introductory

paragraphs and other parts and appendices of the

listed documents. They do not summarize all the

provisions in these documents.

Documents 1 To Be Incorporated by

Reference

1. API SPECIFICATION 12F—

Specification for Shop Welded Tanks

for Storage of Production Liquids,

Eleventh Edition, November 1, 1994.

This specification covers materials,

design, fabrication, and testing

requirements for aboveground shopfabricated vertical, cylindrical, closed

top, welded steel breakout tanks for

nominal capacities of 90 to 750 barrels

and internal pressures that are

approximately atmospheric.

This specification is designed to

provide tanks for use in the storage of

crude petroleum and other liquids

commonly handled and stored by the oil

production segment of the industry.

[However, these storage tanks are

occasionally located on crude oil

pipeline systems and a few are known

to be breakout tanks.]

This specification contains

Appendices A through F. Appendix A

discusses tank bolting. Appendix B

discusses normal venting. Appendix C

discusses emergency venting. Appendix

D discusses walkways, stairways and

ladders. Appendix E discusses details of

purchase order with the manufacturer.

Appendix F discusses the use of the API

Monogram.

2. API STANDARD 620—Design and

Construction of Large, Welded, LowPressure Storage Tanks, Ninth Edition,

February 1996 (Including Addenda 1

and 2)

This standard covers materials,

design, fabrication, inspection and

testing, marking and pressure- and

vacuum-relieving devices for large,

welded, low pressure carbon steel

aboveground storage tanks (including

flat-bottom tanks) that have wall shapes

that can be generated by a contour

around a single vertical axis of

revolution. This standard is applicable

to tanks that are intended to: (a) hold or

store liquids with gases or vapors above

their surface; or (b) hold or store gases

or vapors alone.

The tanks described in this standard

are designed for metal temperatures not

greater than 250°F and with pressures in

their gas or vapor spaces not more than

15 psig. This standard is applicable to

tanks installed in areas where the lowest

recorded one-day mean atmospheric

temperature is -50°F. [Although tanks

designed to this standard are more

commonly found in other petroleum

facilities, a few are located on pipeline

systems and known to be breakout

tanks.]

The standard contains Appendices A

through R. Appendix A discusses

definitions. Appendix B discusses use

of materials not identified with listed

specifications. Appendix C discusses

suggested practice regarding

foundations. Appendix D discusses

suggested practice regarding supporting

structures. Appendix E discusses

suggested practice regarding attached

structures (internal & external).

Appendix F discusses examples

illustrating application of rules to

various design problems. Appendix G

discusses considerations regarding

corrosion allowance and hydrogeninduced cracking. Appendix H

discusses recommended practice for use

of preheat, post-heat, and stress relief.

Appendix I discusses suggested practice

for peening. Appendix J discusses

technical inquiries. Appendix K

discusses the suggested practice for

determining the relieving capacity

required. Appendix L discusses seismic

design. Appendix M discusses

recommended scope of manufacturer’s

report. Appendix N discusses

installation of pressure-relieving

devices. Appendix O discusses

suggested practice regarding installation

of low-pressure tanks. Appendix P is

blank and reserved for future use.

Appendix Q discusses low-pressure

storage tanks for liquefied hydrocarbon

gases at temperatures between ¥60°F

and ¥270°F. Appendix R discusses

low-pressure storage tanks for

refrigerated products at temperatures

from +40°F to ¥60°F.

3. API STANDARD 650—Welded Steel

Tanks for Oil Storage, Ninth Edition,

May 1993 (Including Addenda 1

through 4)

This standard covers material, design,

fabrication, erection (including

inspection, testing & repairs), inspecting

joints, welding procedure and welding

qualifications, and marking for vertical,

cylindrical, aboveground, closed- and

open-top, welded steel storage tanks in

various sizes and capacities for internal

vapor or gas pressures approximating

atmospheric pressure (not greater than

2.5 psig or not exceeding the weight of

the roof plates), except when designed

for tanks subject to seismic loading.

This standard applies only to tanks

whose entire bottoms are uniformly

supported and to tanks in

nonrefrigerated service that have a

maximum operating temperature of

200°F.

This standard contains Appendices A

through P and Appendix S. Appendix A

discusses optional design for small

tanks. Appendix B discusses design and

construction of foundations. Appendix

C discusses external floating roofs.

Appendix D discusses submission of

technical inquiries. Appendix E

discusses seismic design. Appendix F

discusses design for small internal

pressures. Appendix G discusses

structurally supported aluminum dome

roofs. Appendix H discusses internal

floating roofs. Appendix I discusses

undertank leak detection and subgrade

protection. Appendix J discusses

complete shop assembly of vertical

tanks not exceeding 20 feet in diameter.

Appendix K discusses variable-designpoint method. Appendix L discusses

data sheets for purchaser when ordering

and manufacturer when completing

construction. Appendix M discusses

requirements for tanks operating at

temperatures 200°F to 500°F. Appendix

N discusses use of new or unused

materials not completely identified.

Appendix O discusses under-bottom

connections. Appendix P discusses

allowable external loads on tank shell

openings. Appendix S discusses

austenitic stainless steel storage tanks.

4. API RECOMMENDED PRACTICE

651—Cathodic Protection of

Aboveground Petroleum Storage Tanks,

Second Edition, Dec. 1997

The purpose of this recommended

practice is to present procedures and

practices for achieving effective

corrosion control on aboveground

storage tank bottoms through the use of

cathodic protection. It contains

provisions for the application of

cathodic protection to new and existing

storage tanks. Corrosion control

methods based on chemical control of

the environment or the use of protective

coatings are not covered in detail.

The intent is to provide information

and guidance specific to aboveground

steel storage tanks in hydrocarbon

service. Specific cathodic protection

designs are not provided. Such designs

should be provided by a person

thoroughly familiar with cathodic

protection practices.

5. API RECOMMENDED PRACTICE

652—Lining of Aboveground Petroleum

Storage Tank Bottoms, Second Edition,

December 1997

This recommended practice presents

procedures and practices for achieving

effective corrosion control in

aboveground storage tanks by

application of tank bottom linings to

both existing and new storage tanks. In

many cases, tank bottom linings have

proven to be an effective method of
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27907

preventing internal corrosion of steel

tank bottoms.

The intent of this recommended

practice is to provide information and

guidance specific to aboveground steel

storage tanks in hydrocarbon service. It

is intended to serve only as a guide and

detailed tank bottom specifications are

not included.

6. API STANDARD 653—Tank

Inspection, Repair, Alteration, and

Reconstruction, Second Edition,

December 1995 (Including Addenda 1

and 2)

This standard covers carbon and low

alloy steel tanks built to API Standard

650 or its predecessor Standard 12C. It

provides minimum requirements for

maintaining the integrity of welded or

riveted, non-refrigerated, atmospheric

pressure, aboveground storage tanks

after they have been placed in service.

It covers the maintenance inspection,

repair, alteration, relocation and

reconstruction of such tanks. It

discusses tank evaluation, brittle

fracture considerations, inspection,

materials, design considerations for

reconstruction, repair and alteration,

dismantling and reconstruction,

examination and testing, marking and

record keeping.

The scope is limited to the tank

foundation, bottom, shell, structure,

roof, attached appurtenances, and

nozzles to the face of the first flange,

first threaded joint, or first welding-end

connection. Many of the design,

welding, examination, and material

requirements of API Standard 650 can

be applied in the maintenance

inspection, rating, repair, and alteration

of in-service tanks. In case of an

apparent conflict between the

requirements of API standard 653 and

API Standard 650 or its predecessor

Standard 12C, this standard shall govern

for tanks that have been placed in

service.

This standard employs the principles

of API Standard 650. However, storage

tank owners/operators, based on

consideration of specific construction

and operating details, may apply this

standard to any steel tank constructed in

accordance with a tank specification.

This standard covers the varied

conditions which may occur in an

existing tank. When design and

construction details are not given, and

are not available in the standard to

which the tank was originally

constructed, then details that will

provide a level of integrity equal to the

level provided by the current edition of

API Standard 650 must be used.

This standard contains Appendices A

through E. Appendix A provides a table

listing past editions of API welded

storage tank standards. Appendix B

discusses evaluation of tank bottom

settlement. Appendix C provides

sample checklists for internal and

external inspection of tanks. Appendix

D provides information and forms

relating to the API Authorized Inspector

Certification Program. Appendix E

discusses the procedure for submission

of technical inquiries.

7. API STANDARD 2000—Venting

Atmospheric and Low-Pressure Storage

Tanks, Fourth Edition, September 1992

This standard covers the normal and

emergency venting requirements for

liquid petroleum or petroleum products

storage tanks and aboveground and

underground refrigerated storage tanks

designed for operation at pressures from

vacuum through 15 psig (1.034 bar

gauge). Discussed in this standard are

the causes of overpressure or vacuum,

determination of venting requirements,

means of venting, selection, installation,

and maintenance of vents, and testing

and marking of relief devices. Detailed

engineering studies of a particular tank

and its operating conditions may

indicate that the appropriate venting

capacity for the tank is not the venting

capacity estimated in accordance with

this standard. If a tank’s operating

conditions could deviate from those

used in developing this standard,

detailed engineering studies should be

performed.

This standard contains Appendices A

through C. Appendix A discusses

thermal venting and oil movement

venting. Appendix B discusses the basis

of the emergency venting tables.

Appendix C discusses the types and

operating characteristics of vents.

8. API RECOMMENDED PRACTICE

2003—Protection Against Ignitions

Arising out of Static, Lightning, and

Stray Currents, Fifth Edition, December

1991

This recommended practice presents

the current technology in the fields of

static electricity, lightning, and stray

currents applicable to the prevention of

hydrocarbon ignition. The

recommendations for protection are

based on research and practical

experience in the petroleum industry.

Their use should lead to improved

safety practices and evaluations of

existing installations and procedures.

This recommended practice contains

Appendices A through D. Appendix A

discusses the fundamentals of static

electricity. Appendix B discusses the

measurement and detection of static

electricity. Appendix C is a static

ignition questionnaire developed to

permit recording and transmittal of

circumstances involved in an ignition

from static electricity. Appendix D is a

bibliography supporting restrictions

given in the text.

9. API PUBLICATION 2026—Safe

Access/Egress Involving Floating Roofs

of Storage Tanks in Petroleum Service,

Second Edition, April 1998

This publication addresses the

hazards associated with access/egress

onto open-top, covered open-top and

internal floating roofs of in-service

petroleum storage tanks and identifies

some of the most common practices and

procedures for safely accomplishing this

activity.

This publication is intended primarily

for those persons who are required to

perform inspection, service,

maintenance or repair activities that

involve descent onto floating roofs of inservice petroleum tanks.

This publication does not cover

general considerations that apply to

climbing onto petroleum storage tanks

and other structures, including, but not

limited to: (a) slippery or ice-covered

stairways and walkways, (b) access

during electrical storms, and (c) access

during emergency conditions (such as to

extinguish a fire or cover exposed

product with foam). This publication

may not apply to daily or routine tasks

of tank gaugers and other personnel

involved in non-permit confined spaces;

however, such persons shall be trained

and shall be made aware of the potential

hazards described herein.

Preparations and precautions for

entering petroleum storage tanks that

have been removed from service for

cleaning are covered in API Standard

2015.

10. API RECOMMENDED PRACTICE

2350—Overfill Protection for Storage

Tanks in Petroleum Facilities, Second

Edition, Jan. 1996

Preventing petroleum storage tanks

from being overfilled is an important

safety and environmental concern. The

safe operation of a petroleum storage

facility is dependent upon the receipt of

product into the intended storage tank

within its defined capacity.

Aboveground storage tank overfills can

be effectively reduced by developing

and implementing practical and safe

operating procedures for storage

facilities and by providing for careful

selection of equipment, scheduled

maintenance programs, and employee

training.

Recognizing the need for flexibility,

this recommended practice covers both

manual procedures and automatic
27908 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

systems that can be used to protect

against overfills.

This recommended practice contains

Appendices A through C. Appendix A

discusses overfill protection system

installation. Appendix B discusses

determination of tank capacity and

product levels. Appendix C discusses

overfill protection equipment.

11. API STANDARD 2510—Design and

Construction of LPG Installations,

Seventh Edition, May 1995.

This standard is written to cover the

design, construction, and location of

liquefied petroleum gas (LPG)

installations at pipeline terminals, tank

farms, and at other facilities specified in

the standard. The standard is written for

LPG tanks with pressures in their gas or

vapor spaces greater than 15 psig.

However, for the purposes of this

rulemaking only the sections relating to:

the design and construction of LPG

tanks; spill containment; tank

foundations and supports; and tank

accessories including pressure-and

vacuum-relieving devices, are proposed

for incorporation by reference into Part

195.

This standard is not intended to apply

to the design, construction, or relocation

of frozen earth pits, underground

storage caverns or wells, underground

or mounded storage tanks, and

aboveground concrete storage tanks.

Moreover, this standard also is not

intended to apply to the following

installations:

a. Those covered by API Standard

2508—‘‘Design and Construction of

Ethane and Ethylene Installations at

Marine and Pipeline Terminals, Natural

Gas Processing Plants, Refineries,

Petrochemical Plants, and Tank Farms’’.

[API lists this standard as Out-of-Print.]

b. Those covered by NFPA 58—

‘‘Storage and Handling of Liquefied

Petroleum Gases’; and NFPA 59—

‘‘Storage and Handling of Liquefied

Petroleum Gases at Utility Gas Plants’’.

c. U.S. Department of Transportation

(DOT) containers.

d. Gas utility company facilities;

refinery equipment; gas processing

equipment; and transfer systems from

process equipment before LPG storage.

e. Tanks with less than 2,000 gallons

of storage capacity.

This standard contains Appendix A.

Appendix A discusses Piping, Valves,

Fittings, and Optional Equipment.

12. NFPA 30—Flammable and

Combustible Liquids Code, 1996

Edition.

NFPA Code 30 applies to the storage,

handling and use of flammable liquids

and combustible liquids. Such liquids

are defined and classified in Chapter 1

‘‘General Provisions’’. In Section 1–7.3.1

‘‘Flammable Liquids’’, liquids are

classified as ‘‘Class I liquids’’ by

laboratory procedures that determine

their closed-cup flash point and their

Reid vapor pressure. In Section 1–7.3.1

such ‘‘Class I liquids’’ may be further

classified as Class IA liquids, Class IB

liquids, or Class IC liquids.

In Chapter 2 ‘‘Tank Storage’’, Section

2–3.4.3 applies to impounding around

tanks by diking. In this section the

impounded liquids are identified as

‘‘Class I liquids’’. Although the great

majority of hazardous liquids stored in

breakout tanks are ‘‘Class I liquids’’, that

term is not used in part 195. Therefore,

for the purposes of adopting Section 2–

3.4.3 into part 195, the term ‘‘Class I

liquids’’ must be replaced by

‘‘hazardous liquids’.

Section 2–3.4.3 Impounding Around

Tanks by Diking

Describes the protection of adjoining

property or waterways by diking around

aboveground storage tanks.

Section 2–3.4.2 Remote Impounding

Describes the protection of adjoining

property or waterways by drainage to a

remote impounding area, so that the

impounded liquid will not be held

against the aboveground storage tanks.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

The Department of Transportation

(DOT) does not consider this action to

be a significant regulatory action under

Section 3(f) of Executive Order 12866

(58 FR 51735; October 4, 1993) and was

not reviewed by the Office of

Management and Budget. DOT does not

consider this action significant under

DOT’s regulatory policies and

procedures (44 FR 11034; February 26,

1979).

This NPRM would amend the

regulations for breakout tanks to include

the incorporation by reference of certain

of the latest industry published

standards for aboveground storage

tanks. The adoption of industry

standards is consistent with the

President’s goal of regulatory

reinvention and improvement of

customer service to the American

people. There is minimal or no cost for

operators of breakout tanks to comply

with this rule because these consensus

standards have been developed and

implemented by industry organizations

to ensure the safety of aboveground

petroleum storage tanks.

The proposed standards for steel

storage tanks were specifically

developed by the API. API is the major

petroleum industry trade organization

and many of its members are operators

of petroleum pipelines with tank farms.

Additionally, the proposed standard for

secondary containment is taken from an

NFPA code that is a widely used

industry standard for the design of

diking (containment by impounding) for

aboveground storage tanks. The NFPA is

an association with a membership of

more than 67,000 individuals and over

100 national trade and professional

organizations. Its mission is to reduce

the burden of fire on the quality of life

by advocating scientifically based

consensus codes and standards,

research, and education for fire and

safety issues.

The operators of breakout tanks

storing hazardous liquids are very

familiar with these API storage tank and

NFPA diking standards because they

have been extensively implemented at

pipeline terminals throughout the

United States. Conversations with an

industry storage tank organization

representing medium and smaller

operators of breakout tanks confirm that

most of their members are already

complying with the proposed tank

standards. Because the economic impact

of this proposal is minimal, the

incorporation by reference of these

industry published standards does not

warrant preparation of a Regulatory

Evaluation.

For several years, OMB Circular A–

119, ‘‘Federal Participation in the

Development and Use of Voluntary

Standards’’, encouraged, but did not

require, agencies to participate in

consensus standards bodies and to

adopt voluntary consensus standards

whenever possible. The National

Technology Transfer and Advancement

Act of 1995 (NTTAA, Pub. L. 104–113)

codified and expanded the participation

and reporting requirement of OMB

Circular A–119. Federal agencies and

departments are now required to use

technical standards that are developed

and adopted by voluntary consensus

bodies, where practicable. RSPA’s

proposed adoption of the API and NFPA

standards for petroleum storage tanks

meets the goals and requirements set

forth in both OMB Circular A–119 and

NTTAA.

B. Regulatory Flexibility Act

As discussed above, RSPA is

proposing the incorporation of

consensus standards that were

developed and published by

authoritative organizations associated

with the petroleum industry.

Consequently, these safety standards are

well known and have been
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27909

implemented by operators of

aboveground storage tanks at hazardous

liquid pipeline terminals throughout the

United States. RSPA has had

conversations with an operators’

association representing these tank

farms and with other persons and those

parties do not expect this proposal to

have a significant economic impact on

the smaller operators of breakout tanks.

Nonetheless, RSPA is particularly

interested in receiving comments from

any small business operators believing

otherwise.

Moreover, in the event that some

operators of breakout tanks have not yet

implemented all the safety-related items

in these industry developed standards,

the regulations proposed in this notice

would allow operators 18 months for

compliance after the date of publication

the final rule.

Therefore, based on the facts available

which indicate the anticipated minimal

impact of this rulemaking action, I

certify, pursuant to Section 605 of the

Regulatory Flexibility Act (5 U.S.C.

605), that this rulemaking action will

not have a significant economic impact

on a substantial number of small

entities.

C. Federal Assessment

The proposed rulemaking action

would not have substantial direct effects

on states, on the relationship between

the federal government and the states, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with the Executive Order

12612 (52 FR 41685; Oct. 30, 1987),

RSPA has determined that the action

does not have sufficient federalism

implications to warrant preparation of a

Federalism Assessment.

D. Unfunded Mandates

This proposed rule does not impose

unfunded mandates under the

Unfunded Mandates Reform Act of

1995. It does not result in costs of over

$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.

E. Paperwork Reduction Act

The proposed API Standard 653

includes sample checklists, provided for

the operators periodic inspection of

welded or riveted, non-refrigerated,

atmospheric pressure, aboveground

steel storage tanks. The checklists

identify the tank components and

auxiliary items that should be

considered for inspection and provides

blank spaces for insertion of the

inspection date and notation of the

inspector’s comments (if any). The use

of the checklists improves the

effectiveness and minimizes the

paperwork burden associated with the

existing inspection requirements in 49

CFR Section 195.432. This API standard

has been published for several years and

during that time it has been available to

all operators of petroleum storage tanks

(i.e. refinery, marketing, production and

pipeline).

For the API Recommended Practices

referred to in this rulemaking, it is

stated that the operator would be

expected to follow the provisions unless

the operator notes in the procedural

manual the reasons why compliance

with all or certain provisions is not

necessary for the safety of a particular

breakout tank or tanks. Each operator’s

procedural manual already requires the

inclusion and updating of similar safetyrelated procedures and practices, so that

such annotation is consistent with the

long standing function of the procedural

manual. Moreover, most operators

already follow the API Recommended

Practices that are proposed for adoption

and would not need to make such an

annotation in the procedural manual.

Therefore, there is no additional

burden and no paperwork analysis is

required for this proposal.

List of Subjects in 49 CFR Part 195

Carbon dioxide, Incorporation by

reference, Hazardous liquids,

Petroleum, Pipeline safety, Reporting

and recordkeeping requirements.

In consideration of the foregoing,

RSPA proposes to amend Part 195 of

title 49 of the Code of Federal

Regulations as follows:

PART 195—TRANSPORTATION OF

HAZARDOUS LIQUIDS BY PIPELINE

[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 would be amended

by adding paragraphs (b)(7),(c)(2)(iv)

through (c)(2)(xiv), and (c)(6) and

revising paragraph (c)(3)(v) to read as

follows:

§ 195.3 Matter incorporated by reference.

* * * * *

(b) * * *

(7) National Fire Protection

Association (NFPA), 1 Batterymarch

Park, P.O. Box 9101, Quincy, MA

02269–9101.

(c) * * *

(2) * * *

(iv) API Specification 12F

‘‘Specification for Shop Welded Tanks

for Storage of Production Liquids’’

(Eleventh Edition, November 1, 1994).

(v) API Standard 620 ‘‘Design and

Construction of Large, Welded, LowPressure Storage Tanks’’ (Ninth Edition,

February 1996, Including Addenda 1

and 2).

(vi) API Standard 650 ‘‘Welded Steel

Tanks for Oil Storage’’ (Ninth Edition,

February 1996 (Including Addenda 1

through 4).

(vii) API Recommended Practice 651

‘‘Cathodic Protection of Aboveground

Petroleum Storage Tanks’’ (Second

Edition, Dec. 1997).

(viii) API Recommended Practice 652

‘‘Lining of Aboveground Petroleum

Storage Tanks Bottoms’’ (Second

Edition, December 1997).

(ix) API Standard 653 ‘‘Tank

Inspection, Repair, Alteration, and

Reconstruction’’ (Second Edition,

December 1995 (Including Addenda 1

and 2).

(x) API Standard 2000 ‘‘Venting

Atmospheric and Low-Pressure Storage

Tanks’’ (Fourth Edition, September

1992).

(xi) API Recommended Practice 2003

‘‘Protection Against Ignitions Arising

out of Static, Lightning, and Stray

Currents’ (Fifth Edition, December

1991).

(xii) API Publication 2026 ‘‘Safe

Access/Egress Involving Floating Roofs

of Storage Tanks in Petroleum Service’’

(Second Edition, April 1998).

(xiii) API Recommended Practice

2350 ‘‘Overfill Protection for Storage

Tanks In Petroleum Facilities’’ (Second

Edition, January 1996).

(xiv) API Standard 2510 ‘‘Design and

Construction of LPG Installations’’

(Seventh Edition, May 1995).

* * * * *

(3) * * *

(v) ASME Boiler and Pressure Vessel

Code, Section VIII ‘‘Pressure Vessels,’’

Division 1 and 2. (1995 edition with

1995 Addenda).

* * * * *

(6) National Fire Protection

Association (NFPA):

(i) ANSI/NFPA 30 ‘‘Flammable and

Combustible Liquids Code,’’ (1996).

(ii) [Reserved]

3. Section 195.132 would be revised

to read as follows:

§ 195.132 Design and construction of

breakout tanks.

(a) Breakout tanks must be designed

and constructed to withstand the

internal pressure produced by the

hazardous liquid to be stored therein

and any anticipated external loads.

(b) For aboveground breakout tanks

first placed in service on or after [18
27910 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

months after date of publication of final

rule], compliance with paragraph (a) of

this section requires one of the

following:

(1) Shop-fabricated, vertical,

cylindrical, closed top, welded steel

tanks with nominal capacities of 90 to

750 barrels (14.3 to 119.2 m3) and

internal pressures that are

approximately atmospheric must be

designed and constructed in accordance

with API Specification 12F.

(2) Welded, low-pressure (i.e.,

internal vapor space not greater than 15

psig (103.4 kPa)), carbon steel tanks that

have wall shapes that can be generated

by a single vertical axis of revolution

must be designed and constructed in

accordance with API Standard 620.

(3) Vertical, cylindrical, welded steel

tanks with pressures approximating

atmospheric pressures (i.e., internal

vapor pressures not greater than 2.5 psig

(17.2 kPa), or not greater than the weight

of the roof plates) must be designed and

constructed in accordance with API

Standard 650.

(4) High pressure steel tanks (i.e.,

pressures in their gas or vapor space

greater than 15 psig (103.4 kPa)) with a

nominal capacity of 2000 gallons (7571

liters) or more of liquefied petroleum

gas (LPG) must be designed and

constructed in accordance with API

Standard 2510.

4. Section 195.205 would be added to

read as follows:

§ 195.205 Repair, alteration and

reconstruction of breakout tanks that have

been in service.

(a) Breakout tanks that have been

repaired, altered, or reconstructed and

returned to service must be capable of

withstanding the internal pressure

produced by the hazardous liquid to be

stored therein and any anticipated

external loads.

(b) On or after [18 months after date

of publication of final rule], compliance

with paragraph (a) of this section

requires the following for the

aboveground breakout tanks specified:

(1) For atmospheric pressure tanks

constructed of carbon and low alloy

steel, welded or riveted, and nonrefrigerated and others (such as those

built to API Standard 650 or its

predecessor Standard 12C), repair,

alteration, and reconstruction must be

in accordance with API Standard 653.

(2) For tanks built to API

Specification 12F, API Standard 620, or

API Standard 2510, the repair,

alteration, and reconstruction, must be

in accordance with those respective

standards.

5. Section 195.242 would be amended

by adding paragraphs (c) and (d) to read

as follows:

§ 195.242 Cathodic protection system.

* * * * *

(c) For the bottoms of aboveground

breakout tanks, with greater than 500

barrels (79.5 m3) capacity, built to API

Specification 12F, API Standard 620,

and others (such as API Standard 650 or

its predecessor Standard 12C), the

installation of a cathodic protection

system under paragraph (a) of this

section on or after [18 months after date

of publication of final rule] must be in

accordance with API Recommended

Practice 651, unless the operator notes

in the procedural manual (§ 195.402(c))

why compliance with all or certain

provisions of API Recommended

Practice 651 is not necessary for the

safety of a particular breakout tank.

(d) For the internal bottom of

aboveground breakout tanks, built to

API Specification 12F, API Standard

620 and others (such as API Standard

650 or its predecessor Standard 12C),

the installation of a tank bottom lining

on or after [18 months after date of

publication of final rule] must be in

accordance with API Recommended

Practice 652, unless the operator notes

in the procedural manual (§ 195.402(c))

why compliance with all or certain

provisions of API Recommended

Practice 652 is not necessary for the

safety of a particular breakout tank.

6. Section 195.264 would be revised

to read as follows:

§ 195.264 Secondary containment,

protection against entry, normal/emergency

venting or pressure/vacuum relief for

aboveground breakout tanks.

(a) A means must be provided for

containing hazardous liquids in the

event of spillage or failure of an

aboveground breakout tank.

(b) On or after [18 months after date

of publication of final rule], compliance

with paragraph (a) of this section

requires the following for the

aboveground breakout tanks specified:

(1) For tanks built to API

Specification 12F, API Standard 620,

and others (such as API Standard 650 or

its predecessor Standard 12C), the

installation of secondary containment

must be in accordance with the

following sections of NFPA 30:

(i) Secondary containment by

impounding around a breakout tank

must be installed in accordance with

Section 2–3.4.3 ‘‘Impounding around

Tanks by Diking’’, except that

‘‘hazardous liquids’’ must be substituted

for the term ‘‘Class I liquids’’ wherever

that term appears in Section 2–3.4.3;

and

(ii) Secondary containment by

drainage to a remote impounding area

must be installed in accordance with

Section 2–3.4.2 ‘‘Remote Impounding.’’

(2) For tanks built to API Standard

2510, the installation of secondary

containment must be in accordance

with Sections 3 or 9 of API Standard

2510.

(c) Breakout tank areas must be

adequately protected against

unauthorized entry.

(d) Normal/emergency relief venting

must be provided for each atmospheric

pressure breakout tank. Pressure/

vacuum-relieving devices must be

provided for each low-pressure and

high-pressure breakout tank.

(e) For normal/emergency relief

venting and pressure/vacuum-relieving

devices installed on aboveground

breakout tanks on or after [18 months

after date of publication of final rule],

compliance with paragraph (d) of this

section requires the following for the

tanks specified:

(1) Normal/emergency relief venting

installed on atmospheric pressure tanks

built to API Specification 12F must be

in accordance with Section 4, and

Appendices B and C, of API

Specification 12F.

(2) Normal/emergency relief venting

installed on atmospheric pressure tanks

(such as those built to API Standard 650

or its predecessor Standard 12C) must

be in accordance with API Standard

2000.

(3) Pressure-relieving and emergency

vacuum-relieving devices installed on

low pressure tanks built to API Standard

620 must be in accordance with Section

7 of API Standard 620 and its references

to the normal and emergency venting

requirements in API Standard 2000.

(4) Pressure and vacuum-relieving

devices installed on high pressure tanks

built to API Standard 2510 must be in

accordance with Sections 5 or 9 of API

Standard 2510.

7. Section 195.305 would be added to

read as follows:

§ 195.305 Pressure testing breakout tanks.

(a) For breakout tanks built to API

Specification 12F and first placed in

service on or after [18 months after date

of publication of final rule], pneumatic

testing must be in accordance with

Section 5.3 of API Specification 12F.

(b) For breakout tanks built to API

Standard 620 and first placed in service

on or after [18 months after date of

publication of final rule], hydrostatic

and pneumatic testing must be in

accordance with Section 5.18 of API

Standard 620.

(c) For breakout tanks built to API

Standard 650 and first placed in service
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27911

on or after [18 months after date of

publication of final rule], hydrostatic

and pneumatic testing must be in

accordance with Section 5.3 of API

Standard 650.

(d) For atmospheric pressure breakout

tanks constructed of carbon and low

alloy steel, welded or riveted, and nonrefrigerated and others (such as those

that were built to API Standard 650 or

its predecessor Standard 12C), that are

returned to service on or after [18

months after date of publication of final

rule], the necessity for the hydrostatic

testing of repair, alteration, and

reconstruction is covered in Section

10.3 of API Standard 653.

(e) For breakout tanks built to API

Standard 2510 and first placed in

service on or after [18 months after date

of publication of final rule], pressure

testing must be in accordance with

ASME Boiler and Pressure Vessel Code,

Section VIII, Division 1 or 2.

8. Section 195.405 would be added to

read as follows:

§ 195.405 Protection against ignitions and

safe access/egress involving floating roofs.

(a) Protection provided on or after [18

months after date of publication of final

rule] against ignitions arising out of

static electricity, lightning, and stray

currents during operation and

maintenance activities involving

aboveground breakout tanks, must be in

accordance with API Recommended

Practice 2003, unless the operator notes

in the procedural manual (§ 195.402(c))

why compliance with all or certain

provisions of API Recommended

Practice 2003 is not necessary for the

safety of a particular breakout tank.

(b) The hazards associated with

access/egress onto floating roofs of inservice breakout tanks to perform

inspection, service, maintenance or

repair activities (other than specified

general considerations, specified routine

tasks or entering tanks removed from

service for cleaning) are addressed in

API Publication 2026. On or after [18

months after date of publication of final

rule] the operator must review and

consider the potentially hazardous

conditions, safety practices and

procedures in API Publication 2026 for

inclusion in the procedure manual

(§ 195.402(c)).

9. Section 195.416 would be amended

by adding paragraph (j) to read as

follows:

§ 195.416 External corrosion control.

* * * * *

(j) For breakout tanks where corrosion

of the tank bottom is controlled by a

cathodic protection system, the cathodic

protection system must be inspected to

ensure it is operated and maintained in

accordance with API Recommended

Practice 651, unless the operator notes

in the procedure manual (§ 195.402(c))

why compliance with all or certain

provisions of API Recommended

Practice 651 is not necessary for the

safety of a particular breakout tank.

10. Section 195.428 would be

amended by revising the title and by

adding paragraphs (c), (d) and (e) to read

as follows:

§ 195.428 Overpressure safety devices and

overfill protection systems.

* * * * *

(c) Except as provided in paragraph

(d) of this section, aboveground

breakout tanks must have an overfill

protection system in accordance with

API Recommended Practice 2350, on or

after [18 months after date of

publication of final rule], unless the

operator notes in the procedural manual

(§ 195.402(c)) why compliance with all

or certain provisions of API

Recommended Practice 2350 is not

necessary for the safety of a particular

breakout tank. However, API

Recommended Practice 2350 does not

apply to tanks with less than 600

gallons (2271 liters) of storage capacity.

(d) Breakout tanks that were built to

API Standard 2510 must have an overfill

protection system in accordance with

Section 5.1.2 of API Std. 2510 on or

after [18 months after date of

publication of final rule].

(e) The inspection and testing of each

overfill protection system on or after [18

months after date of publication of final

rule] must be in accordance with the

requirements for inspection and testing

of pressure control equipment in

paragraphs (a) and (b) of this section.

11. Section 195.432 would be revised

to read as follows:

§ 195.432 Inspection of in service

Breakout tanks.

(a) Each operator shall, at intervals

not exceeding 15 months, but at least

once each calendar year, inspect each

breakout tank (including atmospheric

and pressure tanks).

(b) On or after [18 months after date

of publication of final rule], compliance

with paragraph (a) of this section for the

inspection of the breakout tanks

specified requires the following:

(1) For tanks that are constructed of

carbon and low alloy steel, welded or

riveted, and non-refrigerated (such as

atmospheric tanks built to API Standard

650 or its predecessor Standard 12C),

the integrity inspection must be in

accordance with Section 4 of API

Standard 653.

(2) [Reserved].

Issued in Washington, DC on May 15,

1998.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 98–13579 Filed 5–20–98; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 575

[Docket No. NHTSA–97–3251]

RIN 2127–AG67

Consumer Information Regulations;

Uniform Tire Quality Grading

Standards

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Notice of proposed rulemaking.

SUMMARY: This rulemaking action

follows the agency’s granting of a

petition filed by the Association of

International Automobile Manufacturers

(AIAM) for rulemaking to amend the

Uniform Tire Quality Grading Standards

(UTQGS) to remove the requirement

that vehicle manufacturers provide

general UTQGS information to

purchasers and potential purchasers at

the point of sale of new motor vehicles.

That information is normally provided

in leaflets that inform customers of the

existence of the UTQGS, explain their

purpose, and explain how consumers

can use UTQGS information in

purchasing replacement tires for

passenger motor vehicles. Because new

passenger cars are typically equipped

with tires from any one of a number of

tire manufacturers, the leaflets do not

contain any information on the tires

provided on a specific vehicle.

Pursuant to the AIAM petition, the

agency proposes to amend the consumer

information regulation by removing the

requirement that motor vehicle

manufacturers provide general UTQGS

information to purchasers and

prospective purchasers of new motor

vehicles at the point of sale, requiring

instead that such information be

included in owners’ manuals, as some

auto manufacturers already do.

Elimination of the point-of-sale

requirement would remove a burden on

motor vehicle manufacturers and

dealers, yet should have little effect on

consumers. NHTSA believes that the

general UTQGS information is of little

value to consumers at the point of sale

of new vehicles because the vehicles are

sold with tires selected by the