[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26121-26124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12843]



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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192, 193, and 195

[Docket No. PS-143]
RIN 2137-AC74


Periodic Updates to the Pipeline Safety Regulations

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule updates the references to voluntary 
specifications and standards to reflect more recently published 
editions of each document. This final rule enables pipeline operators 
to utilize current technology, materials, and practices, thereby 
reducing costs and enhancing economic growth. In addition, this final 
rule eliminates the requirements for odorization of hydrogen in 
transmission lines in instances where the hydrogen is intended for use 
as a feedstock in a manufacturing process. This eliminates a 
requirement that is costly, but not needed for safety. This final rule 
is consistent with the President's goals of regulatory reinvention and 
improvement of customer service.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT: Eben M. Wyman, (202) 366-0918, 
regarding the subject matter of this Notice; or the Dockets Unit, (202) 
366-4453, for copies of this final rule or other material in the 
docket.

SUPPLEMENTARY INFORMATION:

Background

    In a March 1995 memorandum, President Clinton directed Federal 
regulatory agencies to, among other things, conduct a page-by-page 
review of all agency regulations, cutting or revising those that were 
obsolete, intrusive, or better handled by parties other than the 
Federal government (i.e., private business, State, or local 
government).
    In response to the President's directive, RSPA issued a Notice of 
Proposed Rulemaking (NPRM) in this docket on March 4, 1996 (61 FR 
8213). The NPRM proposed updating the references to voluntary 
specifications and standards and proposed elimination of the 
requirement to odorize hydrogen transmission pipelines.
    Eight parties submitted written comments on the NPRM.
    Commenters consisted of seven pipeline operators, two of which are 
hydrogen pipeline operators, and a standard setting organization. 
Comments were generally supportive of RSPA's efforts, although some 
commenters made additional suggestions.

Incorporation by Reference

    RSPA is adopting the proposal to incorporate by reference all or 
portions of over 40 different documents containing practices, codes, 
standards, and specifications developed and published by technical 
organizations, including the American Petroleum Institute, American Gas 
Association, American Society of Mechanical Engineers, American Society 
of Civil Engineers, American Concrete Institute, American Society for 
Testing and Materials, International Conference of Building Officials, 
Manufacturers Standardization Society of the Valve and Fittings 
Industry, and National Fire Protection Association. Many editions 
previously referenced in 49 CFR Parts 192, 193, and 195 are out of 
print or obsolete. Later published editions of these documents focus on 
up-to-date technology. Pipeline operators could be unnecessarily 
burdened with design and construction requirements that are referred to 
in earlier editions.
    To avoid these burdens and allow operators to benefit from 
technological improvements in materials and methods, this final rule 
updates those references for which the latest editions have been 
reviewed and accepted by OPS.
    All six commenters on the proposed updates of the voluntary 
consensus standards were supportive of the initiative. However, one 
commenter suggested that the regulatory language in Section 192.63 
should not make reference to the year of the latest edition of the 
standard in order to maintain consistency throughout the regulations. 
RSPA sees merit in this comment, and therefore has revised the final 
rule to cite the standard without reference to the year of the latest 
edition.
    One commenter suggested that RSPA eliminate the use of specific 
editions and dates for the referenced standards and refer instead to 
``the latest edition'' of each standard. This commenter believed that 
in some cases operators are burdened with unnecessary delays and 
additional costs to obtain pipe or components manufactured to an out-
of-date standard.
    RSPA will not adopt this proposal to revise the pipeline safety 
regulations to permanently reference ``the latest edition'' of the 
incorporated consensus standards. Before adopting any updated consensus 
standard RSPA first reviews the standard to determine whether it should 
be incorporated by reference into the regulations. RSPA then proposes 
to accept the document(s) through a Federal Register Notice, providing 
the public with an opportunity to comment on the proposal. It would be 
inconsistent with the Administrative Procedure Act for RSPA to announce 
that the latest editions of these documents will be accepted without 
RSPA review or opportunity for public comment.
    Three commenters suggested that RSPA review the standards at least 
annually. RSPA understands the benefits to operators of periodically 
updating the referenced standards. RSPA will try to revise them 
annually, as this will lessen burdens on pipeline operators.

Requirement to Odorize Hydrogen Transmission Pipelines

    In support of the President's goal to eliminate obsolete and 
unnecessary regulations, this final rule adopts the proposal to amend 
49 CFR 192.625 to eliminate the odorization requirement for hydrogen 
transmission lines in cases where its intended use is as a feedstock in 
a manufacturing process. Hydrogen pipelines that were operating without 
an odorant before May 5, 1975, were

[[Page 26122]]

already exempt from the odorization requirement.
    When used as an industrial feedstock, the hazard from hydrogen 
pipeline leaks is minimal. Hydrogen is much less dense than air and 
thus tends to dissipate rapidly. In addition, hydrogen has relatively 
low energy content for a given volume compared to natural gas. The 
ignition energy of hydrogen is so low that even static electricity can 
ignite the gas, making a build-up of gas to dangerous levels unlikely.
    Moreover, the costs of deodorization are substantial. Odorization 
renders hydrogen unfit for most of its industrial uses, as it can 
reduce the reactivity of catalysts, make the end product unfit for the 
purpose for which it is intended, or reduce the percentage completion 
of a chemical reaction. This means that the odorant needs to be 
removed, an expensive process, prior to its use in manufacture.
    Three commenters discussed RSPA's proposal to eliminate the 
requirements for odorization of hydrogen transmission pipelines. All 
comments were in full support of this initiative, and one commenter 
noted that the revised language in Section 192.625 is consistent with 
the President's goals of RRI, as it ``will serve to effectively 
eliminate a regulatory requirement that is both unnecessary and 
economically burdensome on industry.''

Advisory Committees

    The Technical Pipeline Safety Standards Committee (TPSSC) and the 
Technical Hazardous Liquid Pipeline Safety Standards Committee 
(THLPSSC) have been established by statute to evaluate proposed 
pipeline safety regulations. The committees are required to report on 
the technical feasibility, reasonableness, and practicability of the 
proposals.
    The NPRM was sent by mail to the committees for consideration. The 
proposal was unanimously accepted by 11 members of the THLPSSC. The 
comments of the TPSSC supported the proposal and generally were 
consistent with written comments filed by other commenters discussed 
above. Written comments of the TPSSC were similar, but a few members 
requested further information regarding the hydrogen transmission 
pipelines that would no longer be subject to the odorization 
requirement. A TPSSC member asked where these lines are located, and 
whether they would be tested or surveyed more extensively than other 
pipelines that are required to use odorant.
    The bulk of hydrogen transmission pipelines are operated by two 
companies and are located primarily in Texas and Louisiana. For the 
reasons discussed earlier in this final rule, relieving operators of 
hydrogen pipelines from the odorization requirement will not sacrifice 
safety and thus no additional testing or monitoring is needed.
    Because only 6 members of the TPSSC responded to the mail ballot, 
the TPSSC considered the proposal at its May 7, 1996 meeting. All 
twelve TPSSC members present voted in favor of the proposal.

Corrections

    In the NPRM, RSPA provided an incorrect address for the American 
Society for Testing and Materials (ASTM). The correct town is ``West 
Conshohocken, PA, `` not ``Conshohocken, PA,'' as noted in the NPRM. 
Thus, the correct address for ASTM is 100 Barr Harbor Drive, West 
Conshohocken, PA, 19428. The NPRM also incorrectly named the latest 
edition of NFPA-59A as the 1994 edition. The latest edition is the 1996 
edition. This information is incorporated in the final rule where 
appropriate. Finally, Section 192.189 is corrected to reflect the 
appropriate nomenclature of ANSI/NFPA 70 as the ``National Electrical 
Code,'' not ``National Electric Code'' as named in the NPRM.

Rulemaking Analyses

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not 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 (OMB). The final rule 
is not significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034).

Executive Order 12612

    The final rule has been analyzed 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

    Based on the facts available, I certify that this final rule will 
not, have a significant economic impact on a substantial number of 
small entities.

Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

List of Subjects

49 CFR Part 192

    Incorporation by reference, Natural gas, Pipeline Safety.

49 CFR Part 193

    Incorporation by reference, Liquefied natural gas (LNG), Pipeline 
safety.

49 CFR Part 195

    Anhydrous ammonia, Carbon dioxide, Incorporation by reference, 
Petroleum, Pipeline safety.

    In consideration of the foregoing, RSPA to amends 49 CFR Parts 192, 
193, and 195 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. Paragraph (a)(1) of section 192.63 is revised to read as 
follows:


Sec. 192.63  Marking of materials.

    (a) * * *
    (1) As prescribed in the specification or standard to which it was 
manufactured, except that thermoplastic fitting must be marked in 
accordance with ASTM D 2513; or
* * * * *
    3. Paragraph (c) of section 192.189 is revised to read as follows:


Sec. 192.189  Vaults: Drainage and waterproofing.

* * * * *
    (c) Electrical equipment in vaults must conform to the applicable 
requirements of Class 1, Group D, of the National Electrical Code, 
ANSI/NFPA 70.
    4. Section 192.625 is amended by revising paragraphs (b)(2)(iv)(C) 
and (b)(3) and by adding paragraph (b)(4) to read as follows:


Sec. 192.625  Odorization of gas.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *
    (C) Reduces the percentage completion of a chemical reaction;
    (3) In the case of a lateral line which transports gas to a 
distribution center, at least 50 percent of the length of that line is 
in a Class 1 or Class 2 location; or
    (4) The combustible gas is hydrogen intended for use as a feedstock 
in a manufacturing process.
* * * * *
    5. Appendix A of Part 192 is amended by revising paragraphs I. D, 
II. A (1), (3)

[[Page 26123]]

and (4), II. B, II. C (3)-(6), and II. E to read as follows:

Appendix A to Part 192--Incorporated by Reference

    I. List of organizations and addresses.
* * * * *
    D. American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, West Conshohocken, PA 19428.
* * * * *
    II. Documents incorporated by reference. (Numbers in parentheses 
indicate applicable editions.)
    A. * * *
    (1) API Specification 5L ``Specification for Line Pipe (41st 
edition, 1995).
* * * * *
    (3) API Specification 6D ``Specification for Pipeline Valves 
(Gate, Plug, Ball, and Check Valves)'' (21st edition, 1994).
    (4) API Standard 1104 ``Welding of Pipelines and Related 
Facilities'' (18th edition, 1994).
    B. American Society for Testing and Materials (ASTM):
    (1) ASTM Designation: A53 ``Standard Specification for Pipe, 
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' 
(A53-95a).
    (2) ASTM Designation A 106 ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service'' (A 106- 94a).
    (3) ASTM Designation: A 333/A 333M ``Standard Specification for 
Seamless and Welded Steel Pipe for Low-Temperature Service'' (A 333/
A 333M-94).
    (4) ASTM Designation: A 372/A 372M ``Standard Specification for 
Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels'' 
(A 372/A 372M-95).
    (5) ASTM Designation: A 381 ``Standard Specification for Metal-
Arc-Welded Steel Pipe for Use With High-Pressure Transmission 
Systems (A 381-93).
    (6) ASTM Designation: A 671 ``Standard Specification for 
Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower 
Temperatures'' (A 671-94).
    (7) ASTM Designation: A 672 ``Standard Specification for 
Electric-Fusion-Welded Steel Pipe for High-Pressure Service at 
Moderate Temperatures'' (A 672-94).
    (8) ASTM Designation A 691 ``Standard Specification for Carbon 
and Alloy Steel Pipe, Electric-Fusion-Welded for High- Pressure 
Service at High Temperatures'' (A 691-93).
    (9) ASTM Designation D 638 ``Standard Test Method for Tensile 
Properties of Plastics'' (D 638-95).
    (10) ASTM Designation D 2513 ``Standard Specification for 
Thermoplastic Gas Pressure Pipe, Tubing and Fittings'' (D 2513-87 
edition for Sec. 192.63(a)(1), otherwise D2513-95c).
    (11) ASTM Designation D 2517 ``Standard Specification for 
Reinforced Epoxy Resin Gas Pressure Pipe and Fittings'' (D 2517-94).
    C. * * *
    (3) ASME Boiler and Pressure Vessel Code, Section I ``Power 
Boilers'' (1995 edition with 1995 Addenda).
    (4) ASME Boiler and Pressure Vessel Code, Section VIII, Division 
1 ``Pressure Vessels'' (1995 edition with 1995 Addenda).
    (5) ASME Boiler and Pressure Vessel Code, Section VIII, Division 
2 ``Pressure Vessels: Alternative Rules'' (1995 edition with 1995 
Addenda).
    (6) ASME Boiler and Pressure Vessel Code, Section IX ``Welding 
and Brazing Qualifications'' (1995 edition with 1995 Addenda).
* * * * *
    E. National Fire Protection Association (NFPA):
    (1) ANSI/NFPA 30 ``Flammable and Combustible Liquids Code'' 
(1993).
    (2) ANSI/NFPA 58 ``Standard for the Storage and Handling of 
Liquefied Petroleum Gases'' (1995).
    (3) ANSI/NFPA 59 ``Standard for the Storage and Handling of 
Liquefied Petroleum Gases at Utility Gas Plants'' (1995).
    (4) ANSI/NFPA 70 ``National Electrical Code'' (1996).

PART 193--[AMENDED]

    1. The authority citation for Part 193 continues to read as 
follows:

    Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109, 
60110, 60113, 60118; 49 CFR 1.53

    2. Appendix A to Part 193 is amended by revising paragraphs II. C, 
II D (1) and (3), II. E, II. F, and II. G, to read as follows:

Appendix A to Part 193--Incorporation by Reference

* * * * *
    II. Documents Incorporated by Reference. (Numbers in Parentheses 
Indicate Applicable Editions.)
* * * * *
    C. American Society of Civil Engineers (ASCE):
    1. ASCE 7-95 ``Minimum Design Loads for Buildings and Other 
Structures'' (1995)
    D. * * *
    1. API Specification 6D ``Specification for Pipeline Valves 
(Gate, Plug, Ball, and Check Valves)'' (21st edition, 1994).
    2. * * *
    3. API Standard 1104 ``Welding of Pipelines and Related 
Facilities'' (18th edition, 1994).
    E. American Society of Mechanical Engineers (ASME):
    1. ASME/ANSI B31.3 ``Chemical Plant and Petroleum Refinery 
Piping'' (1993 edition with ASME/ANSI B31.3a-1993, B31.b-1994 and 
B31.c-1995 Addenda).
    2. ASME/ANSI B31.5 ``Refrigeration Piping'' (1992 edition with 
ASME B31.5a-1994 Addenda).
    3. ASME/ANSI B31.8 ``Gas Transmission and Distribution Piping 
Systems'' (1995).
    4. ASME Boiler and Pressure Vessel Code, Section I ``Power 
Boilers'' (1995 edition with 1995 Addenda).
    5. ASME Boiler and Pressure Vessel Code, Section IV, ``Heating 
Boilers'' (1995 edition with 1995 Addenda).
    6. ASME Boiler and Pressure Vessel Code, Section VIII, Division 
1 ``Pressure Vessels'' (1995 edition with 1995 Addenda).
    7. ASME Boiler and Pressure Vessel Code, Section VIII, Division 
2, ``Pressure Vessels: Alternative Rules'' (1995 edition with 1995 
Addenda).
    8. ASME Boiler and Pressure Vessel Code, Section IX, ``Welding 
and Brazing Qualifications'' (1995 edition with 1995 Addenda).
    F. International Conference of Building Officials (ICBU):
    1. ``Uniform Building Code'' (UBC) (1994).
    G. National Fire Protection Association (NFPA):
    1. ANSI/NFPA 30 ``Flammable and Combustible Liquids Code'' 
(1993)
    2. ANSI/NFPA 37 ``Standard for the Installation and Use of 
Stationary Combustion Engines and Gas Turbines'' (1994).
    3. ANSI/NFPA 51B ``Standard for Fire Prevention in Use of 
Cutting and Welding Processes'' (1994).
    4. ANSI/NFPA 59A ``Standard for the Production, Storage, and 
Handling of Liquefied Natural Gas (LNG)'' (1972 edition for 
Sec. 193.2005(c), otherwise 1996 edition).
    5. ANSI/NFPA 70 ``National Electrical Code'' (1996).
* * * * *

PART 195--[AMENDED]

    1. The authority citation for Part 195 continues to read as 
follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118; 49 
CFR 1.53.

    2. Section 195.3 is amended by revising paragraph (b)(6) and 
paragraphs (c) introductory text and (c) (2) through (5) to read as 
follows:


195.3  Matter incorporated by reference.

* * * * *
    (b) * * *
    (6) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, Conshohocken, PA 19428.
* * * * *
    (c) The full title for the publications incorporated by reference 
in this part are as follows. Numbers in parentheses indicate applicable 
editions:
* * * * *
    (2) American Petroleum Institute (API):
    (i) API Specification 5L ``Specification for Line Pipe'' (41st 
edition, 1995).
    (ii) API Specification 6D ``Specification for Pipeline Valves 
(Gate, Plug, Ball, and Check Valves)'' (21st Edition, 1994).
    (iii) API Specification 1104 ``Welding of Pipelines and Related 
Facilities'' (18th edition, 1994).
    (3) American Society of Mechanical Engineers (ASME):
    (i) ASME/ANSI B16.9 ``Factory-Made Wrought Steel Buttwelding 
Fittings'' (1993).

[[Page 26124]]

    (ii) ASME/ANSI B31.4 ``Liquid Transportation Systems for 
Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols'' 
(1992 edition with ASME B31.4a-1994 Addenda).
    (iii) ASME/ANSI B31.8 ``Gas Transmission and Distribution Piping 
Systems'' (1995)
    (iv) ASME/ANSI B31G ``Manual for Determining the Remaining Strength 
of Corroded Pipelines'' (1991).
    (v) ASME Boiler and Pressure Vessel Code, Section VIII, Division 1 
``Pressure Vessels'' (1995 edition with 1995 Addenda).
    (vi) ASME Boiler and Pressure Vessel Code, Section IX ``Welding and 
Brazing Qualifications'' (1995 edition with 1995 Addenda).
    (4) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS):
    (i) MSS SP-75 ``Specification for High Test Wrought Butt Welding 
Fittings'' (1993).
    (ii) [Reserved]
    (5) American Society for Testing and Materials (ASTM):
    (i) ASTM Designation: A 53 ``Standard specification for Pipe, 
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' (A 53-
95a).
    (ii) ASTM Designation: A 106 ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service'' (A 106-94a).
    (iii) ASTM Designation: A 333/A 333M ``Standard Specification for 
Seamless and Welded Steel Pipe for Low-Temperature Service''(A 333/A 
333M-94).
    (iv) ASTM Designation: A 381 ``Standard Specification for Metal-
Arc-Welded Steel Pipe for Use With High-Pressure Transmission Systems'' 
(A 381-93).
    (v) ASTM Designation: A 671 ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures'' (A 
671-94).
    (vi) ASTM Designation: A 672 ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate 
Temperatures'' (A 672-94).
    (vii) ASTM Designation: A 691 ``Standard Specification for Carbon 
and Alloy Steel Pipe Electric-Fusion-Welded for High- Pressure Service 
at High Temperatures'' (A 691-93).

    Issued in Washington, DC on May 16, 1996.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. 96-12843 Filed 5-23-96; 8:45 am]
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