Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations 14379

Administrator has been notified of the

proposed action and the supporting

information. Once this advice is

received from Code HS, field

installations should proceed with

established notification to offerors and

press release procedures (See 1805.303–

71 and 1805.303–72).

1805.303–71 [Amended]

3. In the redesignated section

1805.303–71, paragraph (a)(1)(iv) is

amended by deleting the phrase ‘‘and

section 1805.303–70’’.

[FR Doc. 95–6440 Filed 3–16–95; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 192

[Docket No. PS–113; Amendment 192–71A,

195–49A]

RIN 2137–AB44

Operation and Maintenance

Procedures for Pipelines

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final Rule: Response to Petition

for Reconsideration.

SUMMARY: On February 11, 1994, RSPA

issued a final rule amending existing

operation and maintenance (O&M)

procedures for gas pipeline facilities.

The American Gas Association

(Petitioner or A.G.A.) filed a Petition for

Reconsideration (petition) concerning

five provisions of the final rule. After

careful consideration of the petition,

RSPA concludes the petition should be

denied in part, and granted in part.

RSPA is granting those aspects of the

petition that relate to: (1) procedures

required to be included in an operator’s

O&M manual, and (2) the extent of the

requirement to address malfunctions

and other deviations during abnormal

operations.

EFFECTIVE DATE: This final rule takes

effect April 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Mike Israni (202) 366–4571, concerning

the contents of this final rule, or the

Dockets Unit, (202) 366–4453, regarding

copies of this final rule or other material

in the docket.

SUPPLEMENTARY INFORMATION:

Background

RSPA promulgated the final rule on

Operations and Maintenance Procedures

for Pipelines (59 FR 6579; February 11,

1994) pursuant to 49 U.S.C. 60101 et

seq. The purpose of the rule is to ensure

that gas pipeline operators maintain

thorough gas pipeline operation and

maintenance (O&M) procedures. Gas

pipeline operators are now required to

include detailed procedures on normal

and abnormal operation, maintenance

and emergency-response activities in

their O&M manual. Gas pipeline

operators are also responsible for

annually reviewing and updating their

O&M manual. Furthermore, both gas

and hazardous liquid pipeline operators

are required to prepare procedures to be

followed to safeguard personnel from

the hazards associated with the unsafe

accumulation of vapor or gas in

excavated trenches. As RSPA explained

in the final rule, these actions will

reduce the likelihood of pipeline

failures, and provide a better basis for

personnel training.

Summary of Petition and Comments on

Petition

In its petition, A.G.A. raised five

issues relating to various aspects of the

final rule, and requested that RSPA

modify or clarify the final rule

accordingly. The following sections

summarize the issues raised in the

petition, and provide RSPA’s response

to each request.

I. Extent of a Gas Pipeline Operator’s

Annual Review of its O&M Manual

Petitioner asserts that the requirement

that an operator review its activities

periodically to determine the

effectiveness of its operation and

maintenance procedures (49 CFR

192.605(b)(8)) coupled with the limited

amount of time estimated to be required

to complete an annual update of an

operator’s procedures supports a change

in 49 CFR 192.605(a). Specifically,

petitioner urges that the annual review

required by section 192.605(a) be

limited to changes needed to address

any new regulatory changes. Petitioner

overstates the burden that an annual

review would place on operators if the

review is not limited to updates because

of regulatory changes. Although the

annual review is not limited to

regulatory changes, § 192.605(a) does

not require an annual line-by-line

review of every procedure contained in

an operator’s manual. Neither does it

require an annual comprehensive

review of an operator’s activities to

determine whether changes to the

operation and maintenance manual are

needed.

The annual review under § 192.605(a)

requires that an operator annually

review its manual, and that deficiencies

identified during periodic reviews of

activities (under § 192.605(b)(8)) are

addressed. While serious deficiencies,

possibly identified following an

accident, may require immediate

correction of operating procedures,

other deficiencies may await an annual

update. Updating of operation and

maintenance procedures on a regular,

established basis makes good business

sense and enhances the safe operation of

the pipeline. Retaining outdated

procedures could confuse an operator’s

personnel as to the appropriate course

of action.

Petitioner stated that 4.4 hours is

insufficient time for one of its member

operators to complete this review. We

agree. The 4.4 hours noted in the

preamble was based on 54,300

operators. The majority (52,000) of these

operators are the master meter

operators, whose plans are expected to

be very simple and will have a minimal

effect. In the justification to support the

Paperwork Reduction Act, RSPA

calculated that the initial burden was

104.3 hours per operator (based on

2,300 operators), excluding master

meter operators. This 104.3 hours

includes 52.2 hours that were already

required by earlier O&M regulations.

The additional 52.1 burden hours

represent a one-time effort to develop

additional O&M procedures that will

affect these 2,300 operators only in the

first year following the publication of

this regulation. After the first year, the

burden hours of all O&M regulations

will return to the annual 52.2 hours per

year per operator. The paper work

justification is filed in the Docket.

Accordingly, Petitioner’s request to

limit the annual review required by

§ 192.605(a) is denied.

II. Procedures Required To Be Included

in an Operator’s O&M Manual

In its petition, A.G.A. asserts that

section 192.605(b) of the final rule

should be clarified to reflect that an

operator must only include procedures

in its manual that are applicable to its

particular pipeline system (49 CFR

192.605(b)). Petitioner believes that as

written, the regulation requires a gas

pipeline operator to include O&M

procedures responsive to all of the

procedural requirements listed under

sections 192.605(b)(1)-(10), regardless of

whether particular regulations are

applicable to an operator’s pipeline

system.

In the final rule, § 192.605(b) requires

that the O&M manual required by

§ 192.605(a) must include certain

specific procedures to provide safety

during maintenance and operations.

Sections 192.605(b)(1)–(10) list ten
14380 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations

specific procedural elements which are

to be included in the operator’s manual.

However, not all of these subsections

are applicable to operations and

maintenance activities at every gas

pipeline facility. RSPA never intended

that a gas pipeline operator have every

procedure set forth in those subsections.

In response to comments, RSPA stated

in the preamble to the final rule (59 FR

6580) that:

RSPA requires operators to prepare O&M

procedures only for those pipeline facilities

within their system. For example, it would

not be necessary to prepare compressor

startup procedures if the company has no

compressors. The procedures should be clear,

straightforward and applicable to the

company’s system.

Petitioner suggests that the words ‘‘if

applicable’’ be added after the word

‘‘following’’ to the text of § 192.605(b) to

clarify that procedures be prepared for

operational situations only to the extent

that an operator will face such a

situation.

RSPA agrees that the regulation, as

written, may seem to unnecessarily

require an operator to produce

procedures relating to the operation of

a gas pipeline system that have no

practical value to anyone. Therefore,

RSPA is amending the final rule by

adding the term ‘‘if applicable’’ in the

text of § 192.605(b) after the word

‘‘following.’’

III. Procedures Regarding Protection of

Personnel in Excavated Trenches From

Unsafe Accumulations of Vapor or Gas

Petitioner also requested that the

requirement that operators include

procedures in their operations manuals

relating to worker exposure to gas or

hazardous vapors in excavated trenches

(49 CFR 192.605(b)(9) and 49 CFR

195.402(c)(14)) be broadened to require

operators to include procedures to

address worker safety in general.

Sections 192.605(b)(9) and

195.402(c)(14) of the final rule require

that gas and hazardous liquid operators

include procedures in their respective

O&M plans to address the following:

Taking adequate precautions in excavated

trenches to protect personnel from the

hazards of unsafe accumulations of vapor or

gas, and making available when needed at

the excavation, emergency rescue equipment,

including a breathing apparatus and a rescue

harness and line.

RSPA does not agree with Petitioner’s

argument that a requirement specifically

addressing worker safety in excavated

trenches will give the ‘‘impression that

this is the only worker safety provision

that need be addressed in a proper O&M

plan.’’ While it may be the only

provision in this rulemaking directly

addressing worker safety, many of

RSPA’s rules indirectly impact worker

safety.

Petitioner also argues that ‘‘RSPA has

not demonstrated that current Office of

Pipeline Safety (OPS) regulations do not

adequately prevent worker exposure to

hazardous vapors or gas.’’ RSPA has

broad rulemaking authority for pipeline

safety. Under this authority, RSPA may

issue regulations to address specific

worker safety issues as they relate to the

safe and environmentally sound

transportation of gas by pipeline. It is

not necessary that RSPA ‘‘demonstrate’’

that current regulations are inadequate

before issuing specific safety

regulations.

Petitioner urges RSPA to revise the

worker safety provision, stating that

worker safety issues should not be

addressed specifically, but instead that

the issue be addressed generically. This

suggestion goes beyond the scope of the

NPRM and is not adopted.

RSPA disagrees with Petitioner’s

claim that compliance with this

provision would entail enormous costs.

RSPA prepared a Regulatory Evaluation

which concluded that the final rule

would have a positive cost/benefit ratio.

Costs of complying with the final rule

are small because most operators need

only make emergency rescue equipment

available when needed at the trench

excavation. RSPA did not receive any

comments to the preliminary regulatory

evaluation that accompanied the NPRM

and A.G.A. has not provided detailed

information about increased costs.

Furthermore, since most operators

regularly train employees in industrial

safety, and currently include operator

safety as an integral part of their O&M

plan, RSPA believes the costs of revising

the O&M plan to include worker safety

would not be increased significantly.

Accordingly, Petitioner’s request to

change sections 192.605(b)(9) and

195.402(c)(14) is denied.

IV. Extent of Requirement to Address

Malfunctions and Other Deviations

During Abnormal Operations

In its petition, A.G.A. also requested

that RSPA should remove the

requirement in 49 CFR 192.605(c)(1)(v)

requiring that an operator address

abnormal operations in its O&M

manual. The rule states as follows:

(c) Abnormal operation. For

transmission lines, the manual required

by paragraph (a) of this section must

include procedures for the following to

provide safety when operating design

limits have been exceeded:

(1) Responding to, investigating, and

correcting the cause of:

* * * * *

(v) Any other malfunction of a

component, deviation from normal

operation, or personnel error which may

result in a hazard to persons or

property.

Petitioner asserts that this language is

confusing and could be interpreted to

require operators to have written

procedures in their O&M manual

describing how to respond to

unforeseeable malfunctions, deviations

from normal operation, or personnel

error. Petitioner requests that RSPA

clarify the regulation to indicate that an

operator need only include written

procedures for ‘‘foreseeable’’

malfunctions when design limits have

been exceeded.

The operator is required to prepare

procedures when operating design

limits have been exceeded, such as

limits of pressure, flow, and

temperature that indicate an abnormal

condition which should be investigated

and corrected to avoid approaching the

strength limits of the system and the

potential for failure. Pipeline systems

vary, and an operator must be able to

provide procedures to apply to the

particular requirements of its system.

The operator must plan for potential

foreseeable causes of abnormal pipeline

operations.

The identical rule for hazardous

liquids, 49 CFR 195.402(d)(1)(v) has

been in effect since 1979 (44 FR 41197,

July 16, 1979). Regulated hazardous

liquid pipeline operators have not been

confused by the regulation, apparently

assuming correctly that the rule only

applies to foreseeable events. However,

to avoid confusion, RSPA is amending

the final rule to add the word

‘‘foreseeable’’ in section

192.605(c)(1)(v).

V. Extent of Requirement That

Operators of Natural Gas Distribution

Systems Prepare Procedures for

Addressing Abnormal Operations

Petitioner asserts that the final rule

should exempt natural gas distribution

systems from the requirement to have

procedures for addressing abnormal

operations on its transmission lines as

described in 49 CFR 192.605(c) of the

final rule. A.G.A. contends that many

small diameter and short distance

pipelines ‘‘have little similarity’’ to

interstate transmission systems, but are

regulated as transmission lines only

because they operate at above 20

percent of the pipe’s specified minimum

yield strength (SMYS). Petitioner stated

that compliance with the regulation

would require separate abnormal

operations plans for each separate

section of pipe.
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Rules and Regulations 14381

RSPA agrees with Petitioner that

natural gas transmission lines operated

by distribution operators in connection

with their distribution systems should

be exempt from the requirement to have

procedures that address abnormal

operations. This was the intent of the

final rule. The preamble to the final rule

stated that ‘‘[d]istribution system

operators are not required to prepare a

manual for abnormal conditions because

they normally operate distribution

pipelines at lower pressures than

transmission pipelines * * * due to the

dangers involved in operating in

populated areas, most unusual operating

conditions would be considered by the

distribution system operator to be an

emergency until the condition is

resolved or corrected.’’ (59 FR 6582;

February 11, 1994.) Accordingly, RSPA

is amending the final rule to clarify that

an operator of a high-pressure or lowpressure distribution system, as defined

in 49 CFR 192.3, is exempt from the

requirement to prepare a manual for

abnormal operations.

Rulemaking Analyses

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This rule is not considered a

significant regulatory action under

section 3(f) of Executive Order 12866

and, therefore, is not subject to review

by the Office of Management and

Budget. The rule is not considered

significant under the regulatory policies

and procedures of the Department of

Transportation (44 FR 11034; February

26, 1979) because it merely clarifies the

content of a final rule and does not

materially affect the substance of the

final rule.

Federalism Assessment

This rule will not have substantial

direct effects on the relationship

between the federal government and the

states, or on the distribution of power

and responsibilities among the various

levels of government. This rule only

makes minor editorial changes to a

previously issued rule. Therefore, in

accordance with Executive Order 12612

(52 FR 41685, October 30, 1987) RSPA

has determined that this final rule does

not have sufficient federalism

implications to warrant preparation of a

Federalism Assessment.

Regulatory Flexibility Act

There are very few small entities that

operate pipelines affected by this

rulemaking. To the extent than any

small entity is affected, the affect is

minimal because it does not impose

additional requirements. Based on this

fact, I certify under Section 605 of the

Regulatory Flexibility Act (5 U.S.C. 605;

September 19, 1980) that this rule does

not have a significant economic impact

on a substantial number of small

entities.

List of Subjects in 49 CFR Part 192

Pipeline safety, Reporting and

recordkeeping requirements.

In consideration of the foregoing, part

192 is amended to read as follows:

PART 192—[AMENDED]

1. The authority citation for part 192

continues to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60104,

60108, 60109, 60110, 60113, 60118; 49 CFR

1.53.

2. In § 192.605, the introductory text

of paragraph (b) is revised to read as

follows:

§ 192.605 Procedural manual for

operations, maintenance, and emergencies.

* * * * *

(b) Maintenance and normal

operations. The manual required by

paragraph (a) of this section must

include procedures for the following, if

applicable, to provide safety during

maintenance and operations.

* * * * *

3. In § 192.605, paragraph (c)(1)(v) is

revised, and a new paragraph (c)(5) is

added to read as follows:

§ 192.605 Procedural manual for

operations, maintenance and emergencies.

* * * * *

(c) * * *

(1) * * *

(v) Any other foreseeable malfunction

of a component, deviation from normal

operation, or personnel error, which

may result in a hazard to persons or

property.

* * * * *

(5) The requirements of this paragraph

(c) do not apply to natural gas

distribution operators that are operating

transmission lines in connection with

their distribution system.

D.K. Sharma,

Administrator, Research and Special

Programs Administration.

[FR Doc. 95–6363 Filed 3–16–95; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 280 and 285

[Docket No. 950124026–5026–01; I.D.

100893B]

RIN 0648–AF74

Bluefin Tuna Fisheries; Bluefin Tuna

Statistical Document

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

revise the regulations governing the

bluefin tuna fisheries to: Require an

appropriately completed, approved

Bluefin Tuna Statistical Document

(BSD) as a condition for import, export,

or re-export of bluefin tuna into or from

the United States; require a Federal

permit for all dealers that import or

export Pacific bluefin tuna; require

preparation and submission of a

biweekly report on imports and exports

of Pacific bluefin tuna by permitted

dealers; revise specifications

determining size classes of Atlantic

bluefin tuna; and make minor

amendments to clarify the regulations.

This action is necessary to implement

recommendations of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT), to improve

management and monitoring of the U.S.

bluefin tuna fisheries, to facilitate

enforcement, and to enhance collection

of data in order to improve assessment

of the environmental and economic

impacts of the fisheries.

EFFECTIVE DATE: April 17, 1995.

ADDRESSES: Copies of the Final

Environmental Assessment/ Regulatory

Impact Review, are available from

Richard H. Schaefer, Director, Office of

Fisheries Conservation and Management

(F/CM), NMFS, 1315 East-West

Highway, Silver Spring, MD 20910.

Comments regarding the burden-hour

estimate or any other aspect of the

collection-of-information requirement

contained in this rule should be sent to

Richard H. Schaefer and to the Office of

Management and Budget (OMB),

Paperwork Reduction Project (0648–

0040; 0648–0148; 0648–0202; 0648–

0239), Attention: NOAA Desk Officer,

Washington, DC 20503.

Copies of the ICCAT BSD and revised

Fisheries Certificate of Origin (FCO) are

also available from the Director, F/CM.