18512 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: Sections 303, 48 Stat., as

amended, 1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Kentucky, is amended

by adding Campton, Channel 279A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 96–10293 Filed 4–25–96; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 190, 191, 192, 193, 195,

198, and 199

[Docket No. PS 145; Amdt Nos. 190–6; 191–

10; 192–74; 193–10; 195–55; 198–2; 199–

13]

RIN 2137–AC79

Pipeline Safety Program Procedures;

Update and Corrections

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule; correcting

amendments.

SUMMARY: In response to the President’s

Regulatory Reinvention Initiative, this

rulemaking updates and corrects

pipeline safety program procedures by

amending nomenclature, addresses,

amendment summaries, typographical

errors, and penalty amounts. These

editorial amendments impose no new

procedural requirements.

EFFECTIVE DATE: April 26, 1996.

FOR FURTHER INFORMATION CONTACT: L.E.

Herrick at 202–366–5523 or online at

herrickl@rspa.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

In a memorandum dated March 4,

1995, the President provided direction

to the heads of Departments and

Agencies on carrying out his regulatory

reform initiative for reinventing the

government. As part of this initiative,

RSPA reviewed existing pipeline safety

regulations and identified those that are

outdated or in need of reform. RSPA

also conducted public outreach

meetings to discuss the pipeline safety

program. A theme of this process and an

issue often raised during the course of

the outreach meetings and other recent

public contacts is the need to keep

existing regulation updated. As a result,

RSPA reviewed its pipeline safety

program procedures, 49 CFR parts 190–

199 and identified numerous instances

in which these regulations were not up

to date. These discrepancies include

titles, addresses, amendment

summaries, typographical errors and

statutory citations. For example,

references to the Natural Gas Pipeline

Safety Act and the Hazardous Liquid

Pipeline Safety Act have been deleted

and replaced with references to Public

Law 103–272. Enacted on July 5, 1994,

Public Law 103–272 revised, codified,

and enacted the provisions of those Acts

without substantive change as Chapter

601 of Title 49, United States Code. This

amendment makes those corrections.

In addition, unnecessary gender

specific terms have been changed to

gender neutral terms and other minor

corrections have been made. Since these

amendments do not impose new

requirements, notice and public

procedure are unnecessary.

Rulemaking Analysis and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule is not considered a

significant regulatory action under

section 3(f) of Executive Order 12866

and, therefore, was not subject to review

by the Office of Management and

Budget. This rule is not significant

according to the Regulatory Policies and

Procedures of the Department of

Transportation (44 FR 11034). This final

rule does not require a Regulatory

Impact Analysis, or a regulatory

evaluation or an environmental

assessment or impact statement under

the National Environmental Policy Act

(42 U.S.C. 4321 et seq.).

Executive Order 12612

This final rule has been analyzed in

accordance with the principles and

criteria in Executive Order 12612

(‘‘Federalism’’) and does not have

sufficient federalism impacts to warrant

the preparation of a federalism

assessment.

Regulatory Flexibility Act

I certify that this rule will not have a

significant economic impact on a

substantial number of small entities.

This rule makes minor corrections

which will not impose any new

requirements on persons subject to the

Pipeline Safety Regulations; thus, there

are no direct or indirect adverse

economic impacts for small units of

government, businesses, or other

organizations.

Paperwork Reduction Act

There are no new information

collection requirements in this final

rule.

Lists of Subjects

49 CFR Part 190

Administrative practice and

procedure, Penalties, Pipeline safety.

49 CFR Part 191

Pipeline safety, Reporting and

recordkeeping requirements.

49 CFR Part 192

Pipeline safety, Reporting and

recordkeeping requirements.

49 CFR Part 193

Fire prevention, Pipeline safety,

Reporting and recordkeeping

requirements, Security measures.

49 CFR Part 195

Anhydrous ammonia, Carbon dioxide,

Petroleum, Pipeline safety, Reporting

and recordkeeping requirements.

49 CFR Part 198

Grant programs, Formula, Pipeline

safety.

49 CFR Part 199

Alcohol testing, Drug testing, Pipeline

safety, Reporting and recordkeeping

requirements.

Accordingly, 49 CFR parts 190, 191,

192, 193, 195, 198, and 199 are

corrected by making the following

amendments:

PART 190—[AMENDED]

1. The authority citation for part 190

is revised to read as follows:

Authority: 49 U.S.C. 5123, 60108, 60112,

60117, 60118, 60120, 60122, and 60123; and

49 CFR 1.53.

2. Section 190.1 is amended by

revising paragraph (a) to read as follows:

§ 190.1 Purpose and scope.

(a) This part prescribes procedures

used by the Research and Special

Programs Administration in carrying out

duties regarding pipeline safety under

49 U.S.C. 60101 et seq. (the pipeline

safety laws) and 49 U.S.C. 5101 et seq.

(the hazardous material transportation

laws).

* * * * *

3. Section 190.3 is revised to read as

follows:
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18513

§ 190.3 Definitions.

As used in this part:

Hearing means an informal

conference or a proceeding for oral

presentation. Unless otherwise

specifically prescribed in this part, the

use of ‘‘hearing’’ is not intended to

require a hearing on the record in

accordance with section 554 of title 5,

U.S.C.

OPS means the Office of Pipeline

Safety, which is part of the Research

and Special Programs Administration,

U.S. Department of Transportation.

Person means any individual, firm,

joint venture, partnership, corporation,

association, State, municipality,

cooperative association, or joint stock

association, and includes any trustee,

receiver, assignee, or personal

representative thereof.

Presiding Official means the person

who conducts any hearing relating to

civil penalty assessments, compliance

orders or hazardous facility orders.

Regional Director means the head of

any one of the Regional Offices of the

Office of Pipeline Safety, or a designee

appointed by the Regional Director.

Regional Offices are located in

Washington, DC (Eastern Region);

Atlanta, Georgia (Southern Region);

Kansas City, Missouri (Central Region);

Houston, Texas (Southwest Region); and

Lakewood, Colorado (Western Region).

Respondent means a person upon

whom the OPS has served a notice of

probable violation.

RSPA means the Research and Special

Programs Administration of the United

States Department of Transportation.

State means a State of the United

States, the District of Columbia and the

Commonwealth of Puerto Rico.

4. Section 190.7 is amended by

revising paragraphs (d) and (i),

introductory text, to read as follows:

§ 190.7 Subpoenas; witness fees.

* * * * *

(d) Service of a subpoena upon the

person named therein shall be made by

delivering a copy of the subpoena to

such person and by tendering the fees

for one day’s attendance and mileage as

specified by paragraph (g) of this

section. When a subpoena is issued at

the instance of any officer or agency of

the United States, fees and mileage need

not be tendered at the time of service.

Delivery of a copy of a subpoena and

tender of the fees to a natural person

may be made by handing them to the

person, leaving them at the person’s

office with the person in charge thereof,

leaving them at the person’s dwelling

place or usual place of abode with some

person of suitable age and discretion

then residing therein, by mailing them

by registered or certified mail to the

person at the last known address, or by

any method whereby actual notice is

given to the person and the fees are

made available prior to the return date.

* * * * *

(i) Any person to whom a subpoena

is directed may, prior to the time

specified therein for compliance, but in

no event more than 10 days after the

date of service of such subpoena, apply

to the official who issued the subpoena,

or if the person is unavailable, to the

Administrator, RSPA to quash or modify

the subpoena. The application shall

contain a brief statement of the reasons

relied upon in support of the action

sought therein. The Administrator,

RSPA, or this issuing official, as the case

may be, may:

* * * * *

5. Section 190.9 is amended by

revising paragraph (b)(1)(i) to read as

follows:

§ 190.9 Petitions for finding or approval.

* * * * *

(b) * * *

(1) * * *

(i) The State agency certified to

participate under 49 U.S.C. 60105.

* * * * *

6. Section 190.201 is amended by

revising paragraph (a) to read as follows:

§ 190.201 Purpose and scope.

(a) This subpart describes the

enforcement authority and sanctions

exercised by the Associate

Administrator, OPS for achieving and

maintaining pipeline safety. It also

prescribes the procedures governing the

exercise of that authority and the

imposition of those sanctions.

* * * * *

7. Section 190.203 is amended by

revising paragraphs (a), (b)(1), (b)(4),

and (d) to read as follows:

§ 190.203 Inspections.

(a) Officers, employees, or agents

authorized by the Associate

Administrator, OPS upon presenting

appropriate credentials, are authorized

to enter upon, inspect, and examine, at

reasonable times and in a reasonable

manner, the records and properties of

persons to the extent such records and

properties are relevant to determining

the compliance of such persons with the

requirements of 49 U.S.C. 60101 et seq.

or regulations, or orders issued

thereunder.

(b) * * *

(1) Routine scheduling by the

Regional Director of the Region in

which the facility is located;

* * * * *

(4) Report from a State Agency

participating in the Federal Program

under 49 U.S.C. 60105;

* * * * *

(d) To the extent necessary to carry

out the responsibilities under 49 U.S.C.

60101 et seq., the Administrator, RSPA

or the Associate Administrator, OPS

may require testing of portions of

pipeline facilities that have been

involved in, or affected by, an accident.

However, before exercising this

authority, the Administrator, RSPA or

the Associate Administrator, OPS shall

make every effort to negotiate a

mutually acceptable plan with the

owner of those facilities and, where

appropriate, the National Transportation

Safety Board for performing the testing.

* * * * *

8. Section 190.205 is revised to read

as follows:

§ 190.205 Warning letters.

Upon determining that a probable

violation of 49 U.S.C. 60101 et seq. or

any regulation or order issued

thereunder has occurred, the Associate

Administrator, OPS may issue a

Warning Letter notifying the owner or

operator of the probable violation and

advising the operator to correct it or be

subject to enforcement action under

§§ 190.207 through 190.235.

9. Section 190.207 is amended by

revising paragraphs (a) and (c) to read as

follows:

§ 190.207 Notice of probable violation.

(a) Except as otherwise provided by

this subpart, a Regional Director begins

an enforcement proceeding by serving a

notice of probable violation on a person

charging that person with a probable

violation of 49 U.S.C. 60101 et seq. or

any regulation or order issued

thereunder.

* * * * *

(c) The Associate Administrator, OPS

may amend a notice of probable

violation at any time prior to issuance

of a final order under § 190.213. If an

amendment includes any new material

allegations of fact or proposes an

increased civil penalty amount or new

or additional remedial action under

§ 190.217, the respondent shall have the

opportunity to respond under § 190.209.

10. Section 190.209 is amended by

revising the introductory text and

paragraphs (c) and (d) to read as follows:

§ 190.209 Response options.

Within 30 days of receipt of a notice

of probable violation the respondent

shall respond to the Regional Director

who issued the notice in the following

way:

* * * * *
18514 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

(c) An offer in compromise under

paragraph (a) of this section is made by

submitting a check or money order for

the amount offered to the Regional

Director who forwards the offer to the

Associate Administrator, OPS for action.

If the offer in compromise is accepted

by the Associate Administrator, OPS the

respondent is notified in writing that

the acceptance is in full settlement of

the civil penalty action. If an offer in

compromise submitted under paragraph

(a) of this section is rejected by the

Associate Administrator, OPS it is

returned to the respondent with written

notification. Within 10 days of receipt of

such notification, the respondent shall

again respond to the Regional Director

in one or more of the ways provided in

paragraph (a) of this section.

(d) Failure of the respondent to

respond in accordance with paragraph

(a) of this section or, when applicable,

paragraph (c) of this section, constitutes

a waiver of the right to contest the

allegations in the notice of probable

violation and authorizes the Associate

Administrator, OPS, without further

notice to the respondent, to find facts to

be as alleged in the notice of probable

violation and to issue a final order

under § 190.213.

11. Section 190.211 is amended by

revising paragraphs (a), (b), (d), and (j)

to read as follows:

§ 190.211 Hearing.

(a) A request for a hearing provided

for in this part must be accompanied by

a statement of the issues that the

respondent intends to raise at the

hearing. The issues may relate to the

allegations in the notice, the proposed

corrective action (including a proposed

amendment, a proposed compliance

order, or a proposed hazardous facility

order), or the proposed civil penalty

amount. A respondent’s failure to

specify an issue may result in waiver of

the respondent’s right to raise that issue

at the hearing. The respondent’s request

must also indicate whether or not the

respondent will be represented by

counsel at the hearing.

(b) In such circumstances as deemed

appropriate by the Regional Director,

and only if the respondent concurs, a

telephone conference may be held in

lieu of a hearing.

* * * * *

(d) The hearing is conducted

informally without strict adherence to

rules of evidence. The respondent may

submit any relevant information and

material and call witnesses on the

respondent’s behalf. The respondent

may also examine the evidence and

witnesses presented by the government.

No detailed record of a hearing is

prepared.

* * * * *

(j) After submission of all materials

during and after the hearing, the

presiding official shall prepare a written

recommendation as to final action in the

case. This recommendation, along with

any material submitted during and after

the hearing, shall be included in the

case file which is forwarded to the

Associate Administrator, OPS for final

administrative action.

12. Section 190.213 is amended by

revising paragraph (a), (b)(4), (c),

introductory text, and (e) to read as

follows:

§ 190.213 Final order.

(a) After a hearing under § 190.211 or,

if no hearing has been held, after

expiration of the 30 day response period

prescribed in § 190.209, the case file of

an enforcement proceeding commenced

under § 190.207 is forwarded to the

Associate Administrator, OPS for

issuance of a final order.

(b) * * *

(4) The Regional Director’s evaluation

of response material submitted by the

respondent and recommendation for

final action to be taken under this

section; and

* * * * *

(c) Based on a review of a case file

described in paragraph (b) of this

section, the Associate Administrator,

OPS shall issue a final order that

includes—

* * * * *

(e) It is the policy of the Associate

Administrator, OPS to issue a final

order under this section within 45 days

of receipt of the case file, unless it is

found impracticable to take action

within that time. In cases where it is so

found and the delay beyond that period

is expected to be substantial, notice of

that fact and the date by which it is

expected that action will be taken is

issued to the respondent.

13. Sections 190.215 is revised to read

as follows:

§ 190.215 Petitions for reconsideration.

(a) A respondent may petition the

Associate Administrator, OPS for

reconsideration of a final order issued

under § 190.213. It is requested, but not

required, that three copies be submitted.

The petition must be received no later

than 20 days after service of the final

order upon the respondent. Petitions

received after that time will not be

considered. The petition must contain a

brief statement of the complaint and an

explanation as to why the effectiveness

of the final order should be stayed.

(b) If the respondent requests the

consideration of additional facts or

arguments, the respondent must submit

the reasons they were not presented

prior to issuance of the final order.

(c) The Associate Administrator, OPS

does not consider repetitious

information, arguments, or petitions.

(d) Unless the Associate

Administrator, OPS otherwise provides,

the filing of a petition under this section

does not stay the effectiveness of the

final order.

(e) The Associate Administrator, OPS

may grant or deny, in whole or in part,

any petition for reconsideration without

further proceedings. In the event the

Associate Administrator, OPS

reconsiders a final order, a final

decision on reconsideration may be

issued without further proceedings, or,

in the alternative, additional

information, data, and comment may be

requested by the Associate

Administrator, OPS as deemed

appropriate.

(f) It is the policy of the Associate

Administrator, OPS to issue notice of

the action taken on a petition for

reconsideration within 20 days after

receipt of the petition, unless it is found

impracticable to take action within that

time. In cases where it is so found and

delay beyond that period is expected to

be substantial, notice of that fact and the

date by which it is expected that action

will be taken is issued to the

respondent.

14. Section 190.217 is revised to read

as follows:

§ 190.217 Compliance orders generally.

When the Associate Administrator,

OPS has reason to believe that a person

is engaging in conduct which involves

a violation of the 49 U.S.C. 60101 et seq.

or any regulation issued thereunder, and

if the nature of the violation, and the

public interest warrant, the Associate

Administrator, OPS may conduct

proceedings under §§ 190.207 through

190.213 of this part to determine the

nature and extent of the violations and

to issue an order directing compliance.

15. Section 190.219 is amended by

revising paragraph (a) to read as follows:

§ 190.219 Consent order.

(a) At any time before the issuance of

a compliance order under § 190.213 the

Associate Administrator, OPS and the

respondent may agree to dispose of the

case by joint execution of a consent

order. Upon such joint execution, the

consent order shall be considered a final

order under § 190.213.

* * * * *

16. Section 190.221 is revised to read

as follows:
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18515

§ 190.221 Civil penalties generally.

When the Associate Administrator,

OPS has reason to believe that a person

has committed an act which is a

violation of any provision of the 49

U.S.C. 60101 et seq. or any regulation or

order issued thereunder, proceedings

under §§ 190.207 through 190.213 may

be conducted to determine the nature

and extent of the violations and to

assess and, if appropriate, compromise

a civil penalty.

16a. Section 190.223 is amended by

revising paragraphs (a), (b), and (c) to

read as follows:

§ 190.223 Maximum penalties.

(a) Any person who is determined to

have violated a provision of 49 U.S.C.

60101 et seq. or any regulation or order

issued thereunder, is subject to a civil

penalty not to exceed $10,000 for each

violation for each day the violation

continues except that the maximum

civil penalty may not exceed $500,000

for any related series of violations.

(b) Any person who knowingly

violates a regulation or order under this

subchapter applicable to offshore gas

gathering lines issued under the

authority of 49 U.S.C. 5101 et seq is

liable for a civil penalty of not more

than $25,000 for each violation, and if

any such violation is a continuing one,

each day of violation constitutes a

separate offense.

(c) Any person who is determined to

have violated any standard or order

under under 49 U.S.C. 60103 shall be

subject to a civil penalty of not to

exceed $50,000, which penalty shall be

in addition to any other penalties to

which such person may be subject

under paragraph (a) of this section.

* * * * *

17. Section 190.225, the introductory

text, is revised to read as follows:

§ 190.225 Assessment considerations.

The Associate Administrator, OPS

assesses a civil penalty under this part

only after considering:

* * * * *

18. Section 190.227 is amended by

revising paragraphs (c) and (d) to read

as follows:

§ 190.227 Payment of penalty.

* * * * *

(c) Within 20 days after the

respondent’s receipt of a final order

assessing a civil penalty issued under

§ 190.213, the respondent may offer to

compromise the assessed penalty by

submitting, in the manner required by

paragraph (a) of this section, payment in

the amount offered. The Chief Counsel

or designee may accept or reject the

compromise offer on behalf of the

Associate Administrator, OPS. If it is

accepted, the respondent is notified in

writing that the acceptance is in full

settlement of the civil penalty action. If

the compromise offer is rejected it will

be returned to the respondent with

written notification. Within 20 days

after the respondent’s receipt of such

notification, payment of the full amount

of the civil penalty assessed in the final

order becomes due. The provisions of

paragraph (b) of this section regarding

district court or Federal magistrate court

action for penalty collection apply upon

failure of the respondent to pay the

assessed penalty within that time

period.

(d) If the respondent elects to make an

offer in compromise to a civil penalty

proposed in a notice of probable

violation issued under § 190.207, the

respondent shall do so in accord with

the procedures of § 190.209.

19. Section 190.229 is amended by

revising paragraphs (a) through (d) to

read as follows:

§ 190.229 Criminal penalties generally.

(a) Any person who willfully and

knowingly violates a provision of 49

U.S.C. 60101 et seq. or any regulation or

order issued thereunder shall upon

conviction be subject for each offense to

a fine of not more than $25,000 and

imprisonment for not more than five

years, or both.

(b) Any person who willfully violates

a regulation or order under this

subchapter issued under the authority of

49 U.S.C. 5101 et seq. as applied to

offshore gas gathering lines shall upon

conviction be subject for each offense to

a fine of not more than $25,000,

imprisonment for a term not to exceed

5 years, or both.

(c) Any person who willfully and

knowingly injures or destroys, or

attempts to injure or destroy, any

interstate transmission facility or any

interstate pipeline facility (as those

terms are defined in 49 U.S.C. 60101 et

seq.) shall, upon conviction, be subject

for each offense to a fine of not more

than $25,000, imprisonment for a term

not to exceed 15 years, or both.

(d) Any person who willfully and

knowingly defaces, damages, removes,

destroys any pipeline sign, right-of-way

marker, or marine buoy required by 49

U.S.C. 60101 et seq. or 49 U.S.C. 5101

et seq., or any regulation or order issued

thereunder shall, upon conviction, be

subject for each offense to a fine of not

more than $5,000, imprisonment for a

term not to exceed 1 year, or both.

* * * * *

20. Section 190.231 is revised to read

as follows:

§ 190.231 Referral for prosecution.

If an employee of the Research and

Special Programs Administration

becomes aware of any actual or possible

activity subject to criminal penalties

under § 190.229, the employee reports it

to the Office of the Chief Counsel,

Research and Special Programs

Administration, U.S. Department of

Transportation, Washington, DC 20590.

The Chief Counsel refers the report to

OPS for investigation. Upon completion

of the investigation and if appropriate,

the Chief Counsel refers the report to the

Department of Justice for criminal

prosecution of the offender.

21. Section 190.233 is amended by

revising paragraphs (a), (b), (c)(2), (c)(4),

(d), (e) introductory text, (e)(5), (g) and

(h) to read as follows:

§ 190.233 Hazardous facility orders.

(a) Except as provided by paragraph

(b) of this section, if the Associate

Administrator, OPS finds, after

reasonable notice and opportunity for

hearing in accord with paragraph (c) of

this section, and § 190.211(a), a

particular pipeline facility to be

hazardous to life or property, the

Associate Administrator, OPS shall

issue an order pursuant to this section

requiring the owner or operator of the

facility to take corrective action.

Corrective action may include

suspended or restricted use of the

facility, physical inspection, testing,

repair, replacement, or other action, as

appropriate.

(b) The Associate Administrator, OPS

may waive the requirement for notice

and hearing under paragraph (a) of this

section before issuing an order pursuant

to this section when the Associate

Administrator, OPS determines that the

failure to do so would result in the

likelihood of serious harm to life or

property. However, the Associate

Administrator, OPS shall include in the

order an opportunity for hearing as soon

as practicable after issuance of the

order. The provisions of paragraph (c)(2)

of this section apply to an owner or

operator’s decision to exercise such an

opportunity for hearing. The purpose of

such a post-order hearing is for the

Associate Administrator, OPS to

determine whether the order should

remain in effect or be rescinded or

suspended in accord with paragraph (g)

of this section.

(c) * * *

(2) An owner or operator elects to

exercise his opportunity for a hearing

under this section, by notifying the

Associate Administrator, OPS of that

election in writing within 10 days of

service of the notice provided under

paragraph (c)(1) of this section or, under
18516 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

paragraph (b) of this section when

applicable. Absence of such written

notification waives an owner or

operator’s opportunity for a hearing and

allows the Associate Administrator,

OPS to proceed to issue a ‘‘hazardous

facility order’’ in accordance with

paragraphs (d) through (h) of this

section.

* * * * *

(4) Within 48 hours after conclusion

of a hearing under this section, the

Presiding Official shall submit a

recommendation to the Associate

Administrator, OPS as to whether or not

a ‘‘hazardous facility order’’ is required.

Upon receipt of the recommendation,

the Associate Administrator, OPS shall

proceed in accordance with paragraphs

(d) through (h) of this section. If the

Associate Administrator, OPS finds the

facility to be hazardous to life or

property the Associate Administrator,

OPS shall issue an order in accordance

with this section. If the Associate

Administrator, OPS does not find the

facility to be hazardous to life or

property, the Associate Administrator,

OPS shall dismiss the allegations

contained in the notice, and promptly

notify the owner or operator in writing

by service as prescribed in § 190.5.

(d) The Associate Administrator, OPS

may find a pipeline facility to be

hazardous under paragraph (a) of this

section:

(1) If under the facts and

circumstances the Associate

Administrator, OPS determines the

particular facility is hazardous to life or

property; or

(2) If the pipeline facility or a

component thereof has been constructed

or operated with any equipment,

material, or technique which the

Associate Administrator, OPS

determines is hazardous to life or

property, unless the operator involved

demonstrates to the satisfaction of the

Associate Administrator, OPS that,

under the particular facts and

circumstances involved, such

equipment, material, or technique is not

hazardous to life or property.

(e) In making a determination under

paragraph (d) of this section, the

Associate Administrator, OPS shall

consider, if relevant:

* * * * *

(5) Such other factors as the Associate

Administrator, OPS may consider

appropriate.

* * * * *

(g) The Associate Administrator, OPS

shall rescind or suspend a hazardous

facility order whenever the Associate

Administrator, OPS determines that the

facility is no longer hazardous to life or

property. When appropriate, however,

such a rescission or suspension may be

accompanied by a notice of probable

violation issued under § 190.207.

(h) At any time after an order issued

under this section has become effective,

the Associate Administrator, OPS may

request the Attorney General to bring an

action for appropriate relief in

accordance with § 190.235.

* * * * *

22. Section 190.235 is revised to read

as follows:

§ 190.235 Injunctive action.

Whenever it appears to the Associate

Administrator, OPS that a person has

engaged, is engaged, or is about to

engage in any act or practice

constituting a violation of any provision

of 49 U.S.C. 60101 et seq. or any

regulations issued thereunder, the

Administrator, RSPA, or the person to

whom the authority has been delegated,

may request the Attorney General to

bring an action in the appropriate U.S.

District Court for such relief as is

necessary or appropriate, including

mandatory or prohibitive injunctive

relief, interim equitable relief, and

punitive damages as provided under 49

U.S.C. 60120 and 49 U.S.C. 5123.

23. Section 190.237 is amended by

revising paragraph (a) to read as follows:

§ 190.237 Amendment of plans or

procedures.

(a) A Regional Director begins a

proceeding to determine whether an

operator’s plans or procedures required

under parts 192, 193, 195, and 199 of

this subchapter are inadequate to assure

safe operation of a pipeline facility by

issuing a notice of amendment. The

notice shall provide an opportunity for

a hearing under § 190.211 of this part

and shall specify the alleged

inadequacies and the proposed action

for revision of the plans or procedures.

The notice shall allow the operator 30

days after receipt of the notice to submit

written comments or request a hearing.

After considering all material presented

in writing or at the hearing, the

Associate Administrator, OPS shall

determine whether the plans or

procedures are inadequate as alleged

and order the required amendment if

they are inadequate, or withdraw the

notice if they are not. In determining the

adequacy of an operator’s plans or

procedures, the Associate

Administrator, OPS shall consider:

* * * * *

PART 191—[AMENDED]

1. The authority citation for part 191

is revised to read as follows:

Authority: 49 U.S.C. 5121, 60102, 60103,

60104, 60108, 60117, 60118, and 60124; and

49 CFR 1.53.

2. Section 191.3 is amended by

removing the definition of Secretary,

and adding the definition of

Administrator to read as follows:

§ 191.3 Definitions.

* * * * *

Administrator means the

Administrator of the Research and

Special Programs Administration or any

person to whom authority in the matter

concerned has been delegated by the

Secretary of Transportation.

* * * * *

3. Section 191.19 is revised to read as

follows:

§ 191.19 Report forms.

Copies of the prescribed report forms

are available without charge upon

request from the address given in

§ 191.7 Additional copies in this

prescribed format may be reproduced

and used if in the same size and kind

of paper. In addition, the information

required by these forms may be

submitted by any other means that is

acceptable to the Administrator.

4. Section 191.25 is amended by

revising paragraph (a) to read as follows:

§ 191.25 Filing safety-related condition

reports.

(a) Each report of a safety-related

condition under § 191.23(a) must be

filed (received by the Associate

Administrator, OPS) in writing within

five working days (not including

Saturday, Sunday, or Federal Holidays)

after the day a representative of the

operator first determines that the

condition exists, but not later than 10

working days after the day a

representative of the operator discovers

the condition. Separate conditions may

be described in a single report if they

are closely related. Reports may be

transmitted by facsimile at (202) 366–

7128.

* * * * *

PART 192—[AMENDED]

1. The authority citation for Part 192

is revised to read as follows:

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

60108, 60109, 60110, 60113, and 60118; and

49 CFR 1.53.

2. Section 192.11 is amended by

revising paragraph (b)(2) to read as

follows:

§ 192.11 Petroleum gas systems.

* * * * *

(b) * * *
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18517

(2) Below ground structures must

have forced ventilation that will prevent

any accumulation of gas.

* * * * *

3. Section 192.227 is amended by

revising paragraph (b) introductory text,

to read as follows:

§ 192.227 Qualification of welders.

* * * * *

(b) A welder may qualify to perform

welding on pipe to be operated at a

pressure that produces a hoop stress of

less than 20 percent of SMYS by

performing an acceptable test weld, for

the process to be used, under the test set

forth in section I of appendix C to this

part. A welder who makes welded

service line connections to mains must

also perform an acceptable test weld

under section II of appendix C to this

part as part of the qualifying test. After

initial qualification, a welder may not

perform welding unless:

* * * * *

4. Section 192.361 is amended by

revising paragraph (f)(1) to read as

follows:

§ 192.361 Service lines: Installation

* * * * *

(f) * * *

(1) It must be encased in a gas tight

conduit;

* * * * *

5. Section 192.367 is amended by

revising paragraph (a) to read as follows:

§ 192.367 Service lines: General

requirements for connections to main

piping.

(a) Location. Each service line

connection to a main must be located at

the top of the main or, if that is not

practical, at the side of the main, unless

a suitable protective device is installed

to minimize the possibility of dust and

moisture being carried from the main

into the service line.

* * * * *

6. Section 192.511 is amended by

revising paragraph (a) to read as follows:

§ 192.511 Test requirements for service

lines.

(a) Each segment of a service line

(other than plastic) must be leak tested

in accordance with this section before

being placed in service. If feasible, the

service line connection to the main

must be included in the test; if not

feasible, it must be given a leakage test

at the operating pressure when placed

in service.

* * * * *

7. Section 192.603 is amended by

revising paragraph (c) to read as follows:

§ 192.603 General provisions.

* * * * *

(c) The Administrator or the State

Agency that has submitted a current

certification under the pipeline safety

laws, (49 U.S.C. 60101 et seq.) with

respect to the pipeline facility governed

by an operator’s plans and procedures

may, after notice and opportunity for

hearing as provided in 49 CFR 190.237

or the relevant State procedures, require

the operator to amend its plans and

procedures as necessary to provide a

reasonable level of safety.

9. Section 192.623, the heading, is

revised to read as follows:

§ 192.623 Maximum and minimum

allowable operating pressure; Low-pressure

distribution systems.

* * * * *

PART 193—[AMENDED]

1. The authority citation for part 193

is revised to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60103,

60104, 60108, 60109, 60110, 60113, 60118;

and 49 CFR 1.53.

2. Section 193.2001 is amended by

revising paragraph (a) to read as follows:

§ 193.2001 Scope of part.

(a) This part prescribes safety

standards for LNG facilities used in the

transportation of gas by pipeline that is

subject to the pipeline safety laws (49

U.S.C. 60101 et seq.) and Part 192 of this

chapter.

* * * * *

3. Section 193.2007 is amended by

revising the definition of Administrator

and the definition of g to read as

follows:

§ 193.2007 Definitions.

* * * * *

Administrator means the

Administrator of the Research and

Special Programs Administration or any

person to whom authority in the matter

concerned has been delegated by the

Secretary of Transportation.

* * * * *

g means the standard acceleration of

gravity of 9.806 meters per second2

(32.17 feet per second2).

* * * * *

4. Section 193.2017 is amended by

revising paragraph (a) to read as follows:

§ 193.2017 Plans and procedures.

(a) Each operator shall maintain at

each LNG plant the plans and

procedures required for that plant by

this part. The plans and procedures

must be available upon request for

review and inspection by the

Administrator or any State Agency that

has submitted a current certification or

agreement with respect to the plant

under the pipeline safety laws (49

U.S.C. 60101 et seq.). In addition, each

change to the plans or procedures must

be available at the LNG plant for review

and inspection within 20 days after the

change is made.

* * * * *

5. Section 193.2321 is amended by

revising paragraph (a) to read as follows:

§ 193.2321 Nondestructive tests.

(a) The following percentages of each

day’s circumferentially welded pipe

joints for hazardous fluid piping,

selected at random, must be

nondestructively tested over the entire

circumference to indicate any defects

which could adversely affect the

integrity of the weld or pipe:

Weld type Cryogenic

piping Other Test method

Butt welds more than 2 inches in nominal size ................ 100 30 Radiographic or ultrasonic.

Butt welds 2 inches or less in nominal size ...................... 100 30 Radiographic, ultrasonic, liquid penetrant or magnetic

particle.

Fillet and socket welds ...................................................... 100 30 Liquid penetrant or magnetic particle.

* * * * *

6. Section 193.2515 is amended by

revising paragraph (c) to read as follows:

§ 193.2515 Investigation of failures.

* * * * *

(c) If the Administrator or relevant

state agency under the pipeline safety

laws (49 U.S.C. 60101 et seq.)

investigates an incident, the operator

involved shall make available all

relevant information and provide

reasonable assistance in conducting the

investigation. Unless necessary to
18518 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

restore or maintain service, or for safety,

no component involved in the incident

may be moved from its location or

otherwise altered until the investigation

is complete or the investigating agency

otherwise provides. Where components

must be moved for operational or safety

reasons, they must not be removed from

the plant site and must be maintained

intact to the extent practicable until the

investigation is complete or the

investigating agency otherwise provides.

PART 195—[AMENDED]

1. The authority citation for part 195

is revised to read as follows:

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

60108, 60109, 60118; and 49 CFR 1.53.

2. Section 195.58 is revised to read as

follows:

§ 195.58 Address for written reports.

Each written report required by this

subpart must be made to the

Information Resources Manager, Office

of Pipeline Safety, Research and Special

Programs Administration, U.S.

Department of Transportation, Room

2335, 400 Seventh Street SW.,

Washington DC 20590. However,

accident reports for intrastate pipelines

subject to the jurisdiction of a State

agency pursuant to a certification under

the pipeline safety laws (49 U.S.C.

60101 et seq.) may be submitted in

duplicate to that State agency if the

regulations of that agency require

submission of these reports and provide

for further transmittal of one copy

within 10 days of receipt to the

Information Resources Manager. Safetyrelated condition reports required by

§ 195.55 for intrastate pipelines must be

submitted concurrently to the State

agency, and if that agency acts as an

agent of the Secretary with respect to

interstate pipelines, safety-related

condition reports for these pipelines

must be submitted concurrently to that

agency.

§ 195.402 [Amended]

3. Section 195.402 is amended by

revising paragraph (b) to read as follows:

* * * * *

(b) The Administrator or the State

Agency that has submitted a current

certification under the pipeline safety

laws (49 U.S.C. 60101 et seq.) with

respect to the pipeline facility governed

by an operator’s plans and procedures

may, after notice and opportunity for

hearing as provided in 49 CFR 190.237

or the relevant State procedures, require

the operator to amend its plans and

procedures as necessary to provide a

reasonable level of safety.

* * * * *

PART 198—[AMENDED]

1. The authority citation for part 198

is revised to read as follows:

Authority: 49 U.S.C. 60105, 60106, 60114;

and 49 CFR 1.53.

2. Section 198.3 is amended by

revising the definition for Underground

pipeline facilities to read as follows:

* * * * *

Underground pipeline facilities means

buried pipeline facilities used in the

transportation of gas or hazardous liquid

subject to the pipeline safety laws (49

U.S.C. 60101 et seq.).

* * * * *

3. Section 198.11 is revised to read as

follows:

§ 198.11 Grant authority.

The pipeline safety laws (49 U.S.C.

60101 et seq.) authorize the

Administrator to pay out funds

appropriated or otherwise make

available up to 50 percent of the cost of

the personnel, equipment, and activities

reasonably required for each state

agency to carry out a safety program for

intrastate pipeline facilities under a

certification or agreement with the

Administrator or to act as an agent of

the Administrator with respect to

interstate pipeline facilities.

4. Section 198.31 is revised to read as

follows:

§ 198.31 Scope.

This subpart implements parts of the

pipeline safety laws (49 U.S.C. 60101 et

seq.), which direct the Secretary to

require each State to adopt a one-call

damage prevention program as a

condition to receiving a full grant-in-aid

for its pipeline safety compliance

program.

5. Section 198.35 is revised to read as

follows:

§ 198.35 Grants conditioned on adoption

of one-call damage prevention program.

In allocating grants to State agencies

under section 5 of the Natural Gas

Pipeline Safety Act of 1968 (49 App.

U.S.C. 1674) and under section 205 of

the Hazardous Liquid Pipeline Safety

Act of 1979 (49 App. U.S.C. 2004), the

Secretary considers whether a State has

adopted or is seeking to adopt a one-call

damage prevention program in

accordance with § 198.37. If a State has

not adopted or is not seeking to adopt

such program, the State agency may not

receive the full reimbursement to which

it would otherwise be entitled.

6. Section 198.37 is amended by

revising paragraphs (e) and (h) to read

as follows:

§ 198.37 State one-call damage prevention

program.

* * * * *

(e) Except with respect to interstate

transmission facilities as defined in the

pipeline safety laws (49 U.S.C. 60101 et

seq.), operators of underground pipeline

facilities must be required to participate

in the one-call notification systems that

cover the areas of the State in which

those pipeline facilities are located.

* * * * *

(h) Operators of underground pipeline

facilities (other than operators of

interstate transmission facilities as

defined in the pipeline safety laws (49

U.S.C. 60101 et seq.), and interstate

pipelines as defined in § 195.2 of this

chapter), excavators and persons who

operate one-call notification systems

who violate the applicable requirements

of this subpart must be subject to civil

penalties and injunctive relief that are

substantially the same as are provided

under the pipeline safety laws (49

U.S.C. 60101 et seq.).

PART 199—[AMENDED]

1. The authority citation for part 199

is revised to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60103,

60104, 60108, 60109, 60118; and 49 CFR

1.53.

2. Section 199.3 is amended by

revising the definition for Administrator

and the definition for State agency to

read as follows:

§ 199.3 Definitions.

* * * * *

Administrator means the

Administrator of the Research and

Special Programs Administration or any

person to whom authority in the matter

concerned has been delegated by the

Secretary of Transportation.

* * * * *

State agency means an agency of any

of the several states, the District of

Columbia, or Puerto Rico that

participates under the pipeline safety

laws (49 U.S.C. 60101 et seq.)

3. Section 199.7 is amended by

revising paragraph (b) to read as follows:

§ 199.7 Anti-drug plan.

* * * * *

(b) The Administrator or the State

Agency that has submitted a current

certification under the pipeline safety

laws (49 U.S.C. 60101 et seq.) with

respect to the pipeline facility governed

by an operator’s plans and procedures

may, after notice and opportunity for

hearing as provided in 49 CFR 190.237

or the relevant State procedures, require

the operator to amend its plans and
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18519

procedures as necessary to provide a

reasonable level of safety.

§ 199.205 [Amended]

4. Section 199.205 is amended by

revising the definition for State agency

to read as follows:

* * * * *

State agency means an agency of any

of the several states, the District of

Columbia, or Puerto Rico that

participates under the pipeline safety

laws (49 U.S.C. 60101 et seq.).

* * * * *

Issued in Washington, DC, on March 28,

1996.

Rose A. McMurray,

Acting Deputy Administrator, Research and

Special Programs Administration.

[FR Doc. 96–10282 Filed 4–25–96; 8:45 am]

BILLING CODE 4910–60–P