61 FR 26121 - Periodic Updates to the Pipeline Safety Regulations | Regulus

Passage 1[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] ======================================================================= ----------------------------------------------------------------------- Research and Special Programs Administration Periodic Updates to the Pipeline Safety Regulations AGENCY: Research and Special Programs Administration (RSPA), DOT. ----------------------------------------------------------------------- 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. 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.#

Passage 2In 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.#

Passage 3RSPA 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 w#

Passage 4ith 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 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.''#

Passage 5The 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. 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. Executive Order 12866 and DOT Regulatory Policies and Procedures#

Passage 6This 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). 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. 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. There are no new information collection requirements in this final rule. Incorporation by reference, Natural gas, Pipeline Safety. Incorporation by reference, Liquefied natural gas (LNG), Pipeline safety. 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: 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: (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: * * * * * (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)#

Passage 7and (4), II. B, II. C (3)-(6), and II. E to read as follows: Appendix A to Part 192--Incorporated by Reference#

Passage 8I. 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 Vess#

Passage 9els'' (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). 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#

Passage 10* * * * * 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). * * * * * 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:#

Passage 11* * * * * (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).#

Passage 12(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] BILLING CODE 4910-60-P#