24244 Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules and Regulations

1 ‘‘Hazardous liquid’’ means petroleum,

petroleum products, or anhydrous ammonia.

(§ 195.2)

2Low-stress pipeline means a hazardous liquid

pipeline that is operated in its entirety at a stress

level of 20 percent or less of the specified minimum

yield strength of the line pipe. (§ 195.2)

3The Secretary of Transportation may not provide

an exception from regulation for a hazardous liquid

pipeline facility only because the facility operates

at low internal stress. (49 U.S.C. § 60102(k))

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Dana J. Puopolo, allots

Channel 242C1 to Ingalls, Kansas, as the

community’s second local aural

transmission service. See 61 FR 2469,

January 26, 1996. Channel 242C1 can be

allotted to Ingalls, Kansas, in

compliance with the Commission’s

minimum distance separation

requirements without the imposition of

a site restriction. The coordinates for

Channel 242C1 at Ingalls are 37–49–48

and 100–27–06. With this action, this

proceeding is terminated.

DATES: Effective June 21, 1996. The

window period for filing applications

will open on June 21, 1996, and close

on July 22, 1996.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–180,

adopted April 24, 1996, and released

May 7, 1996. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW., Suite 140, Washington, DC

20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

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: Secs. 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 Kansas, is amended

by adding Channel 242C1 at Ingalls.

Federal Communications Commission.

Andrew J. Rhodes,

Acting Chief, Allocations Branch, Policy and

Rules Division, Mass Media Bureau.

[FR Doc. 96–12043 Filed 5–13–96; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 91–58, RM–7419, RM–7797,

RM–7798]

Radio Broadcasting Services;

Caldwell, College Station and Gause,

TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document denies a

Petition for Reconsideration filed by

Roy E. Henderson directed to the Report

and Order in this proceeding. See 60 FR

52914, published October 11, 1995.

With this action, the proceeding is

terminated.

EFFECTIVE DATE: May 14, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order in

MM Docket No. 91–58, adopted April

26, 1996, and released May 9, 1996. The

full text of this decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, 1919 M

Street, NW., Room 246, or 2100 M

Street, NW., Washington, DC 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 96–12047 Filed 5–13–96; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 195

Petroleum Products and Low-Stress

Pipelines

AGENCY: Research and Special Programs

Administration, (RSPA), DOT.

ACTION: Interpretation and partial stay of

enforcement of regulation.

SUMMARY: This document interprets the

definition of ‘‘petroleum product’’

under RSPA’s safety regulations for

hazardous liquid 1 pipelines. The

definition has been applied to

petrochemical products that the

regulations were not intended to cover.

The interpretation should reduce

confusion in deciding which low-stress

pipelines 2 are subject to the regulations.

In addition, this document stays

enforcement of the regulations against

low-stress pipelines regulated by the

U.S. Coast Guard, and against certain

short low-stress pipelines that serve

plants and transportation terminals.

Application of the regulations to these

lines would cause undue burdens for

industry and government. The stay

should ease difficulties in applying the

regulations to low-stress pipelines.

EFFECTIVE DATE: May 14, 1996.

FOR FURTHER INFORMATION CONTACT:

L. M. Furrow, (202) 366–4559.

SUPPLEMENTARY INFORMATION:

Background

In response to a Congressional

directive,3 RSPA extended its hazardous

liquid pipeline safety regulations (49

CFR Part 195) to cover certain low-stress

pipelines other than rural gathering

lines and gravity-powered lines (59 FR

35465; July 12, 1994). That rulemaking

action affected low-stress pipelines that

transport highly volatile liquids, lowstress pipelines that are located onshore

in non-rural areas, and low-stress

pipelines that are located offshore or in

waterways that are navigable in fact and

currently used for commercial

navigation (§ 195.1(b)(3)).

Transfer lines comprised the largest

proportion of low-stress pipelines

brought under Part 195 (about twothirds of the pipelines and one-third of

the mileage). The remainder included

trunk lines and non-rural gathering

lines. Transfer lines are used to

transport hazardous liquid locally

between facilities such as transportation

terminals, manufacturing plants,

petrochemical plants, and oil refineries,

or to connect these facilities to

associated storage or long-distance

pipeline transportation. Because the

rulemaking action affected the current

operating practices of many companies

unfamiliar with Part 195, we allowed

operators to delay compliance of
Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules and Regulations 24245

4Hydrocarbon compounds are chemical

compounds composed solely of hydrogen and

carbon.

5Part 195 was based largely on voluntary

standards contained in the 1966 edition of ‘‘Code

for Pressure Piping, Liquid Petroleum

Transportation Piping Systems,’’ (designated USAS

B31.4–1966) prepared and published by the

American Society of Mechanical Engineers. A

diagram on page 2 of the code shows that the code

applies to pipelines that run between production

facilities, refineries, gasoline plants, gas processing

plants, terminals, and bulk plants.

6 In the Federal Register document concerning

petroleum product and other terms that RSPA

proposed to define, RSPA said ‘‘[t]he proposed new

definitions and definition change would not

compromise pipeline safety because they would not

alter the intended application of the existing part

195 regulations.’’ (57 FR 56306; Nov. 27, 1992)

7Part 195 applies to transfer piping on facility

grounds if the piping is necessary to control the

operating pressure of off-grounds lines covered by

Part 195, or if the on-grounds piping serves a

breakout storage tank.

8However, where Part 195 applies to facility

transfer piping, OSHA regulations may be

preempted, because OSHA is precluded from

enforcing its regulations against employee working

conditions over which another federal agency

prescribes or enforces safety regulations. (29 U.S.C.

§ 653(b)(1)).

existing low-stress pipelines until July

12, 1996 (§ 195.1(c)).

Meaning of Petroleum Product

The impact of the rulemaking action

intensified last fall, particularly for

petrochemical companies, when RSPA

interpreted the definition of ‘‘petroleum

product.’’ Part 195 defines ‘‘petroleum

product’’ as ‘‘flammable, toxic, or

corrosive products obtained from

distilling and processing of crude oil,

unfinished oils, natural gas liquids,

blend stocks and other miscellaneous

hydrocarbon compounds’’4 (§ 195.2).

The Hoechst Celanese Corporation had

asked us whether two of its products

come under this definition. Focusing on

the ‘‘miscellaneous hydrocarbon

compounds’’ aspect of the definition,

we said the products, ethylene glycol

and formic acid, were petroleum

products because they are, respectively,

flammable and toxic, and are produced

by processing hydrocarbon compounds.

Upon further consideration, however,

we now believe that interpretation was

too broad in light of the historical

context of Part 195.

Since its inception, Part 195 has

applied to petroleum products

transported in liquid form by pipeline

(34 FR 15473; Oct. 4, 1969). Only

recently, while trying to clarify Part 195

requirements and reduce the burden of

government regulation, did we adopt

the present definition of petroleum

product (59 FR 33395; June 28, 1994).

Previously, both RSPA and the

hazardous liquid pipeline transportation

industry identified petroleum products

as hydrocarbon compounds derived

from processing natural gas or

petroleum. This processing typically

occurs at oil refineries, gas processing

plants, and gasoline plants.5

Petroleum products include butane,

propane, gasoline, heating oil, aviation

fuel, kerosine, and diesel fuel. Also

included are hydrocarbon feedstocks,

such as ethylene and propylene, that are

the basis of hundreds of petrochemical

products, including paints, plastics,

synthetic fibers, and fertilizers. Prior to

the definition, we did not consider the

intermediate and finished products

manufactured at petrochemical plants

by further processing hydrocarbon

feedstocks to be petroleum products.

These petrochemical products are

characterized by the addition of

chemicals, such as chlorine, nitrogen, or

oxygen, to the hydrocarbon feedstocks.

In adopting the definition of

petroleum product, we did not seek to

expand this prior understanding of the

term, only to clarify it.6 For this reason,

the definition of petroleum product

must be applied consistent with its

regulatory background. Thus,

petrochemical products that are made

by chemical means using petroleum

products as a raw material do not come

under the definition. Ethylene glycol,

which is used in car antifreeze and

other finished products, is an example

of a petrochemical product that does not

come under the Part 195 regulations.

Stay of Enforcement of 49 CFR Part 195

Against Certain Low-stress Pipelines

As mentioned above, Part 195 applies

to certain low-stress pipelines used to

transfer hazardous liquids locally. These

transfer lines link long-distance

pipelines and truck, rail, and vessel

transportation terminals with various

industrial plants, including

manufacturing plants, petrochemical

plants, and oil refineries. Many of the

lines interconnect the plants

themselves. These local transfer lines

are generally short, averaging about a

mile in length. They are usually

operated in association with transfer

piping on the grounds of the plants and

terminals. Some transfer lines that serve

industrial plants or terminals may be

operated by long-distance pipeline

operators.

Transfer lines or segments of lines on

the grounds of industrial plants and

transportation terminals generally are

excepted from Part 195 (§ 195.1(b) (6)

and (7)).7 However, this excepted piping

is subject to Occupational Safety and

Health Administration (OSHA) safety

standards, including, when 10,000

pounds or more of flammable liquid are

involved, the Process Safety

Management regulations (29 CFR

1910.119) issued under the Clean Air

Act Amendments of 1990. These

regulations are designed to reduce the

risk of fires and explosions caused by

the escape of hazardous chemicals from

facility processes. In addition, transfer

lines between vessels and marine

transportation-related facilities are

subject to safety requirements of the

U.S. Coast Guard (33 CFR Parts 154 and

156). These requirements apply to

transfer lines from the dock loading arm

or manifold up to the first valve after the

line enters the Spill Prevention Control

and Countermeasure (SPCC)

containment or secondary containment

if the facilities are not protected by

SPCC plans.

RSPA is concerned that the

impending imposition of the Part 195

regime on a multitude of short

hazardous liquid transfer lines

throughout the U.S. and Puerto Rico

may create difficulties for both industry

and government that are not

counterbalanced by a reduction in risk.

A significant difficulty for many

operators of transfer lines is that the

lines may be designed and operated

according to standards and

specifications that differ from Part 195

requirements. Some time and expense

would be necessary for operating

personnel to become familiar with Part

195 and the companion drug and

alcohol rules in 49 CFR Part 199.

Another difficulty for industry is the

separate federal regulatory regimes over

transfer piping. Part 195 generally does

not displace OSHA regulations over ongrounds transfer piping. So most plants

and terminals would have to comply

with OSHA’s Process Safety

Management regulations for some

transfers and Part 195 for others.8 For

transfers between vessels and marine

transportation-related facilities, the

Coast Guard safety regulations would

apply as well. Application of Part 195

to these marine terminal transfer lines

duplicates agency efforts within DOT

and creates uncertainty in the industry

as to which DOT regulations apply to

particular facilities. The upshot of these

separate regulatory regimes of RSPA,

OSHA, and the Coast Guard is that

differing safety rules and enforcement

policies could confuse operating

personnel and increase administrative

costs through separate operating plans

and recordkeeping.

Carrying out adequate government

inspections presents a further difficulty.

The task of finding and educating the

many new operators coming under Part

195 because of low-stress pipelines is
24246 Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules and Regulations

likely to be a major, protracted effort

that could swamp current inspection

resources.

At the same time, the risk to the

public from short low-stress transfer

lines off plant or terminal grounds is

generally low. A low operating stress is

itself a safety factor against several

accident causes. And the short length

means the potential spill volume would

be limited should an accident occur.

Also, typically there is limited public

exposure in the industrial areas where

low-stress transfer lines are located. The

risk of marine transfer lines is reduced

even more by the U.S. Coast Guard

regulations and inspection force.

Therefore, we are considering

amending Part 195 to except short, lowstress transfer lines that traverse areas

outside plant and terminal grounds. We

are also considering excepting lowstress transfer lines of any length that

are regulated by the U.S. Coast Guard.

We intend to publish a notice of

proposed rulemaking (NPRM) in the

Federal Register to seek public

comment on these proposals.

Meanwhile, effective May 14, 1996, I

am staying enforcement of Part 195

against two categories of low-stress

pipelines: (1) low-stress pipelines

regulated by the U.S Coast Guard; and

(2) low-stress pipelines that are less

than 1 mile in length (measured outside

plant or terminal grounds), except if the

pipeline crosses offshore or any

waterway currently used for commercial

navigation. This stay will remain in

effect until modified through another

Federal Register document or until Part

195 is amended as a result of the NPRM,

whichever happens first. RSPA will

continue to enforce Part 195 over short

lines that cross offshore or commercially

navigable waterways but do not come

under U.S. Coast Guard regulations

because of the need to reduce the threat

of environmental damage.

Authority: (49 U.S.C. § 60102 et seq.; 49 CFR

1.53)

Issued in Washington, DC on May 7, 1996.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 96–11886 Filed 5–13–96; 8:45 am]

BILLING CODE 4910–60–P