[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Rules and Regulations]
[Pages 14379-14381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6363]



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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.

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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, Sec. 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 Sec. 192.605(a) requires that an operator 
annually review its manual, and that deficiencies identified during 
periodic reviews of activities (under Sec. 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 Sec. 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, Sec. 192.605(b) requires that the O&M manual 
required by Sec. 192.605(a) must include certain specific procedures to 
provide safety during maintenance and operations. Sections 
192.605(b)(1)-(10) list ten [[Page 14380]] 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 Sec. 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 Sec. 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. [[Page 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 low-pressure 
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 Sec. 192.605, the introductory text of paragraph (b) is 
revised to read as follows:


Sec. 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 Sec. 192.605, paragraph (c)(1)(v) is revised, and a new 
paragraph (c)(5) is added to read as follows:


Sec. 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