Qualification of Pipeline Personnel

Federal RegisterAug 3, 1994

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[Docket No. PS-94; Notice 2]

[RIN 2137-AB 38]

Qualification of Pipeline Personnel

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

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: This notice proposes qualification standards for personnel who

perform, or directly supervise those persons performing, regulated

operation, maintenance, and emergency-response functions. This action

would amend current standards for training personnel performing

operating or maintenance activities on hazardous liquid and carbon

dioxide pipelines, and extend those standards to personnel performing

similar functions on gas pipelines. This action is taken to ensure that

pipeline personnel have the necessary knowledge and skills to

competently perform these regulated functions. The intended effect of

this proposed rulemaking is to improve pipeline safety by requiring

operators to assure the competency of pipeline personnel through

training, testing, and periodic refresher training.

DATES: Interested persons are invited to submit written comments in

duplicate by October 3, 1994. Late filed comments will be considered to

the extent practicable. Interested persons should submit as part of

their written comments all the material that is considered relevant to

any statement of fact or argument made.

ADDRESSES: Send comments to the Dockets Unit, Room 8421, Office of

Pipeline Safety (OPS), Research and Special Programs Administration,

U.S. Department of Transportation, 400 Seventh Street, SW., Washington,

DC 20590. Identify the docket and notice numbers stated in the heading

of this notice. All comments and materials cited in this document will

be available in the docket for inspection and copying in Room 8421

between 8:00 a.m. and 4:00 p.m. each working day. Non-Federal employee

visitors are admitted to DOT headquarters building through the

southwest quadrant at Seventh and E Streets.

FOR FURTHER INFORMATION CONTACT: Albert C. Garnett, (202) 366-2036,

regarding the subject matter of this notice, or Dockets Unit, (202)

366-5046, for copies of this notice or other material in the docket.

SUPPLEMENTARY INFORMATION:

Background

The pipeline safety regulations in 49 CFR Parts 192 and 195 cannot

be fully effective in preventing and mitigating pipeline accidents

unless personnel who perform regulated functions, or directly supervise

persons performing regulated functions, understand the applicable

regulations and have the knowledge and skills needed for competent

performance. Therefore, requiring operators to ensure that such

personnel are qualified to perform operating, maintenance, and

emergency response functions is an essential step in making the

pipeline safety regulations effective. Also, requiring operation,

maintenance, and emergency-response personnel to be knowledgeable about

safety-related elements, such as flammability, toxicity, potential

ignition sources, and to be able to recognize and appropriately react

to abnormal and emergency conditions should further minimize the causes

and consequences of pipeline accidents.

In accidents clearly recognized as involving human error,

circumstances often indicate that a deficiency in knowledge or skill,

i.e. lack of qualification, has been a significant accident factor.

However, the effects of personnel lacking qualifications are not always

apparent. The effects may be too subtle to be recognized as an accident

factor. For example, accidents that operators have attributed to

equipment failure or corrosion may have actually been set in motion by

poorly performed operation or maintenance procedures. In addition, the

pipeline safety regulations require operators to report ``incidents''

(49 CFR 191.3) and ``accidents'' (49 CFR 195.50) only in instances

meeting threshold requirements set out in those regulations. Thus,

there may be many more accidents involving personnel lacking

qualifications than commonly reported.

Recommendations by National Transportation Safety Board

In a letter to RSPA dated May 14, 1987, the National Transportation

Safety Board (NTSB) stated that incorrect human performance has already

caused, or contributed to the severity of, many pipeline accidents, and

that most of the errors involved could be linked to inadequate

training. NTSB identified 110 related Safety Recommendations it had

issued from 1975 through 1986 based on pipeline accidents indicating

that training of pipeline personnel needed improvement.

The following two accidents are among those cited by NTSB in its

correspondence:

On July 12, 1983, natural gas escaping under 60 psig pressure

from a crack in a substandard butt-fusion joint in a 2-inch plastic

gas main entered an apartment building in Clear Lake, Iowa. It

exploded and then burned. Two gas distribution company employees

were injured, one apartment building was destroyed, and the adjacent

apartment building was damaged heavily. Damage was estimated at more

than $1 million. Fortunately, none of the building residents were

injured or killed. Company employees had been notified earlier about

strong gas odors outside the apartments and were on site searching

for the gas leak more than 2 hours before the explosion. They did

not shut off the flow of gas to the leak and did not warn the

residents to evacuate the apartment buildings before the explosion.

NTSB recommended that the company train its employees, including

supervisors, in procedures for responding to emergencies and

protection of the public in areas exposed to leaking gas, and

reinstruct its pipe fitters/operators in all elements of the

procedures for fusion of plastic pipe.

On May 26, 1983, natural gas at 815 psig began to escape through

a failed gasket in a compressor at a transmission company's field

compressor plant near Bloomfield, New Mexico. The compressor station

operator heard a loud noise, ran to the valve manifold outside the

compressor building, and tried to shut off the gas supply to

compressor No. 14. Another employee, who also heard the noise, ran

into the compressor building and tried to shut down the compressor

engine. Before either person succeeded, the escaping gas ignited,

exploded, and burned. The two employees were burned severely,

compressor No. 14 was destroyed, another compressor was damaged, the

windows and doors of the compressor building were blown out, and

other structural damage resulted. NTSB determined that the probable

cause of the accident was the improper tightening of compressor head

bolts, resulting in the rupture of a compressor head gasket and the

escape and ignition of gas. Contributing to the accident was the

operator's failure to assure that maintenance personnel were trained

in proper bolt tightening procedures. Contributing to the extent of

damage and to the duration of the emergency was the failure by plant

personnel, due to inadequate training in emergency procedures, to

promptly relieve gas pressure in the piping by activating the

blowdown system.

In a February 1987 report (NTSB/PAR-87/01) detailing two Texas

Eastern Gas Pipeline Company accidents occurring in Kentucky in 1985

and 1986, NTSB determined that company employees who inspected

corrosion damage had not been adequately trained to assess the effect

of corrosion. It also determined that in the 1986 accident, supervisors

had not been properly trained to cooperate with local officials during

an emergency. In this report, NTSB recommended that RSPA:

Amend 49 CFR Parts 192 and 195 to require that operators of

pipelines develop and conduct selection, training, and testing

programs to annually qualify employees for correctly carrying out

each assigned responsibility which is necessary for complying with

49 CFR Part 192 and 195 as appropriate (Safety Rec. No. P-87-2).

Additionally, in the May 14, 1987, letter from NTSB to RSPA

identifying its 110 Safety Recommendations, NTSB urged OPS to require

all pipeline operators, without regard to size or ownership of the

pipeline, to develop, through job/task analyses, employee

qualifications for all activities addressed by the pipeline safety

standards.

More recently the NTSB released the following account of an

accident in Chicago that was attributed to inadequately trained gas

distribution personnel.

On January 17, 1992, employees of a natural gas utility were

performing annual maintenance on a pressure regulator station that

reduced high pressure upstream gas to the low pressure requirements

of the downstream distribution system. During this routine procedure

the pressure regulator is taken out of service and the normally

closed by-pass valve is manually throttled to control gas flow to

the low pressure distribution system. Workers operating the by-pass

valve normally determine the need to increase or decrease the gas

flow to the low pressure system by monitoring the liquid levels in

manometers installed on that system. A manometer is a clear plastic

U-tube used throughout the gas industry to measure pressure

(pressure head) in mains and services. When used on low pressure

systems the open ended U-tube commonly contains water. By observing

the difference in height of the water columns, workers can readily

determine the pressure in the connected gas piping. Although, the

workers saw the water blow out of their manometers, at least twice,

they waited for instructions from headquarters before shutting off

the gas supply by closing the 4-inch by-pass valve. The resulting

over pressure condition (as high as 10 psig) lasted about 45

minutes, during which gas in the downstream distribution system

escaped through gas appliances into homes and other buildings where

it was ignited by unidentified sources. The resulting explosion and

fires killed four people, injured four people and damaged 14 houses

and three commercial buildings. While the NTSB concluded that there

was insufficient evidence to determine which way the 4-inch by-pass

valve was turned or if it had been blocked by debris that become

dislodged, it said that the accident could have been prevented or

its severity lessened if the onsite supervisor had closed the by-

pass valve as soon as he realized that the low pressure system was

over pressured. Two of the workmen testified that they knew from

their training that when water blew out of their manometers, it was

caused by excessive high pressure gas flowing through the by-pass

valve. However, none of the crew acknowledged having been trained to

respond to emergencies, including those involving

overpressurization. NTSB found that the gas company's training

manual did not detail how to recognize or respond to those abnormal

situations employees are likely to encounter nor did it tell

supervisors the extent of their authority or reference the company's

emergency plan. Nonetheless, the NTSB found that the gas company's

service department responded very well after the gas was shut off.

The NTSB also noted that such training deficiencies are not

confined to Chicago, but are a nationwide problem. As a result of its

investigation of this accident, NTSB reiterated its 1987 recommendation

to RSPA that it require operators of pipelines to develop and conduct

selection, training and testing programs to annually qualify employees

for their safety-sensitive responsibilities under 49 CFR Parts 192 and

195.

Recommendation by DOT Inspector General

As the use of insufficiently qualified personnel by some operators

has become known, several sources in addition to NTSB have recommended

that DOT take action to regulate the qualifications of pipeline

personnel. In December 1982, the DOT Inspector General (IG) recommended

in a memorandum to the RSPA Administrator that RSPA require licensing

or certification of managers/superintendents of gas distribution

systems. The IG said:

State safety inspectors have indicated that operators of small

municipal and privately owned gas distributors are frequently

unaware of the federal safety standards or lack the know-how to

implement them. Managers or superintendents of gas distribution

systems should demonstrate a basic knowledge and understanding of

federal safety standards before they are allowed to operate/manage

the systems. Licensing or certification of natural gas distribution

operators would improve compliance and enable State safety

inspectors to provide greater coverage by reducing the amount of

time expended in explaining standards to operators. Many States

already require the operators of other utility systems to be

licensed.

Recommendations by Congress

The House Committee on Energy and Commerce in its November 17,

1987, report to accompany H.R. 2266, a bill to amend the Natural Gas

Pipeline Safety Act of 1968 (NGPSA)1 and the Hazardous Liquid

Pipeline Safety Act of 1979 (HLPSA) stated that DOT ``may

establish criteria for a program of testing for pipeline operations

employees and include licensing based on that testing if this is

appropriate'' (H.R. Rep. No. 445, Pt. 1, 100th Congress, 1st Session,

13). This bill culminated in the Pipeline Safety Reauthorization Act of

1988 (Pub. L. No. 100-561; October 31, 1988), which, in sections 101

and 201, gave DOT discretionary authority to require ``that all

individuals responsible for the operation and maintenance of pipeline

facilities be tested for qualifications and certified to perform such

functions.''

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\1\Pub. L. No. 103-272 was enacted on July 5, 1994. This Act

revises, codifies and enacts without substantive changes certain

transportation laws, including those related to pipeline safety.

Thus citations to the NGPSA and the HLPSA have been changed to 49

U.S.C. sec. 60101 et seq.

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Recommendation by Minnesota Commission on Pipeline Safety

The need for qualification standards for pipeline personnel has

also been recognized at the state level. Following the July 1986

failure of an 8-inch products pipeline in Minnesota that resulted in

the deaths of two people and serious injury to another person, the

Governor of Minnesota established the Minnesota Commission on Pipeline

Safety. This commission examined the safety and reliability of

pipelines operating in Minnesota. The commission's December 1986 report

included a recommendation that the U.S. Department of Transportation

study the need for additional registration, licensing, and

certification requirements for pipeline design and construction

personnel.

Recommendations by National Association of Pipeline Safety

Representatives

An alternative approach to government licensing or certification of

operators or operator personnel was recommended in 1986 by the National

Association of Pipeline Safety Representatives (NAPSR), an association

of state pipeline safety inspectors. In one of its annual resolutions

(1986-9) submitted to the RSPA Administrator, NAPSR urged DOT ``to

initiate a rulemaking to establish regulations which would require

natural gas operator personnel qualification.'' NAPSR made this

recommendation after determining that ``it would be in the best

interest of public safety, and as a general standard for the natural

gas industry, that all natural gas system operations be under the

direction of a person who is qualified by test, experience, and

training in natural gas work.'' Again in 1990, in one of its annual

resolutions (1990-3), NAPSR urged the DOT Office of Pipeline Safety

(OPS) ``to create specific qualification standards of uniformity across

the industry'' and that the rulemaking ``be expanded to include

personnel engaged in design and construction.'' Like NTSB, NAPSR has

recommended a rulemaking approach rather than Federal licensing or

certification. In this notice RSPA has proposed that regulated design

or construction functions required to properly accomplish covered

operation, maintenance or emergency-response work must be performed by

persons qualified as proposed in this notice. However, persons with

pipeline expertise and registered as professional engineers in the

state where the work is located are qualified for any such engineering

design under this proposal.

At this time, RSPA does not see the need to extend the proposed

qualification requirements to include personnel engaged in all

regulated design and construction functions as recommended in the NAPSR

resolution. Application of the proposed requirements to only those

personnel performing regulated operation, maintenance and emergency

response functions is consistent with the intent of the Recommendations

by Congress and the mandate contained in the Pipeline Safety Act of

1992 (below). Nonetheless, in response to that NAPSR resolution, RSPA

invites persons to comment on whether we should extend the testing and

certification requirements to personnel engaged in all regulated design

and construction of covered pipelines. Persons commenting in support of

such an extension are requested to support their positions with data

from related accidents that includes: the quantity of gas, hazardous

liquid or carbon dioxide released and any resulting deaths, personal

injuries, property damages and environmental damages.

Small Gas Systems

Although lack of sufficient training has been a factor contributing

to accidents on both large and small pipeline systems, OPS, the

advisory committees (below) and state pipeline safety inspectors

recognize that there is a particular need to improve the knowledge and

skills of personnel in some of the small gas distribution systems.

Personnel with some deficiencies include not only the operator and

operator personnel, but also contractors working for small gas

distribution systems. Small gas distribution systems are characterized

in this proposal as distribution systems serving fewer than 10,000

customers. They include petroleum gas systems (covered by Sec. 192.11)

and master meter systems (defined in Sec. 191.3), both of which usually

serve mobile home parks, housing projects, and apartment complexes; and

public, private, and municipal distribution systems. Industry sources

estimate that there are about 1,000 petroleum gas systems covered by

Sec. 192.11, that serve 10 or more customers. Additionally, information

in the OPS enforcement data base shows there are 52,000 master meter

systems and 1,150 other small public, private, and municipal

distribution systems. The lack of qualified personnel working on these

small gas distribution systems looms as a potential threat to gas

pipeline safety.

Advance Notice of Proposed Rulemaking

On March 23, 1987, OPS published an advance notice of proposed

rulemaking (ANPRM) titled, ``Pipeline Operator Qualifications,''

requesting public comment on the need for additional regulations or a

certification/licensing program regarding the qualification of

personnel who design, construct, operate, or maintain gas or hazardous

liquid pipelines (Docket PS-94, Notice 1; 52 FR 9189). The ANPRM

outlined RSPA's existing regulations requiring the qualification or

training of personnel in certain aspects of pipeline safety, such as

welding steel pipe, corrosion control, and joining plastic pipe. In

addition, the ANPRM discussed RSPA and state efforts to train operator

personnel in understanding the pipeline safety regulations.

Comments were received from 134 persons representing various gas

and liquid pipeline operators, governmental agencies, and other

interested parties. Of the 116 persons who commented on the competency

level of operator personnel, approximately 75 percent felt that a lack

of competent personnel did not pose a significant enough threat to

public safety to warrant further governmental action. However, a

minority of about 22 percent felt some attention should be given to

small gas distribution systems. Of the 60 persons who commented on the

question of whether governmental action, if taken, should apply

industry-wide or be limited to small systems, approximately 62 percent

favored the latter. Of the 34 persons expressing an opinion on the

appropriate governmental action, about 53 percent favored increasing

direct training and the preparation of guidance material for operator

personnel. The remainder were almost evenly divided between more

regulation of training/qualification and a licensing/certification

program. Of the 24 persons who commented on what areas of pipeline

safety should be covered if additional training and qualification

requirements are developed, almost everyone favored various

combinations of design, construction, operation, and maintenance.

Finally, of the 61 persons expressing an opinion on whether additional

regulations for training and qualification would result in an

improvement in pipeline safety, approximately 46 percent expected an

improvement in accidents prevented or mitigated.

Advisory Committees

The Technical Pipeline Safety Standards Committee (TPSSC) and the

Technical Hazardous Liquid Pipeline Safety Standards Committee

(THLPSSC) are OPS's gas and liquid advisory committees representing

government agencies, pipeline operators, and the public. At a joint

meeting in Washington, DC on September 23, 1987, the TPSSC and THLPSSC

discussed the ANPRM. The advisory committees generally supported

requiring all pipeline operators to conduct training and testing

programs for personnel assigned to perform operation and maintenance

functions. Many committee members were concerned, however, about the

ability of some small gas distribution system operators to provide the

necessary training, and requested that any new regulations be sensitive

to the limited financial and technical resources of these small

operators.

Subsequently, on September 13 and 14, 1988, these committees met

again in Washington, DC, and discussed a preliminary rulemaking

proposal which OPS had developed for the qualification of pipeline

personnel. The basic training and testing requirements now being put

forward for public comment were embodied in that proposal. The TPSSC

supported the proposal by unanimous vote. The THLPSSC, after making

three minor recommendations for clarification of statements in the

proposed regulations, also supported the proposal unanimously. However,

the three recommendations are no longer germane, since the statements

that required clarification have been removed from the proposed

requirements.

Congressional Mandate

Under sections 106 and 205 of the Pipeline Safety Act of 1992 (Pub.

L. No. 102-508; October 24, 1992), 49 U.S.C. Sec. 60102, Congress

mandated that DOT require ``all individuals responsible for the

operation and maintenance of pipeline facilities be tested for

qualifications and certified to perform such functions''. In complying

with the congressional mandate, DOT is required to ``address the

ability to recognize and appropriately react to abnormal operating

conditions which may indicate a dangerous situation or a condition

exceeding design limits.'' Furthermore, Congress provided that

certification may, ``as the Secretary considers appropriate, be

performed by the operator.''

Qualification and Certification

RSPA is proposing that regulated pipeline operators implement

requirements for the qualification of operation, maintenance and

emergency-response personnel (including contractor personnel) and for

the qualification of certain supervisory personnel. These requirements

would be based on the continuing training program applicable to

hazardous liquid and carbon dioxide pipeline operators. Operators would

be required to certify the qualification of personnel for the

performance of covered functions. However, RSPA is not proposing to

establish an industry-wide personnel licensing program. This decision

was made because the severity and extent of the personnel qualification

problem does not currently warrant such an ambitious undertaking. In

addition, there is no private or governmental apparatus currently in

place to conduct such extensive licensing. This decision is consistent

with the regulatory authority provided by 49 U.S.C. Sec. 60102, which

requires qualification and certification of those individuals

performing functions related to the operation and maintenance of

pipeline facilities. Of course, where local conditions warrant more

rigorous action, state agencies are not precluded from starting a

licensing or certification program for intrastate pipeline operators

under their regulatory jurisdiction.

It is difficult to assess how detailed and extensive the new

Federal personnel qualification regulations should be, because many

pipelines have unique operating and maintenance requirements.

Therefore, RSPA is proposing a more general performance-oriented

regulatory approach based on an expansion of the continuing training

program hazardous liquid operators must now provide under Sec. 195.403.

Available Training

Several states are working to improve the knowledge and skills of

operator personnel in small gas distribution systems, including master

meter systems, by state-sponsored educational programs. Currently,

states with notable training programs include Alabama, Arizona,

California, Kentucky, and Texas. In addition, some gas operators have

established statewide and regional gas associations for the purpose of

improving technical skills and the understanding of the gas pipeline

safety regulations. These associations often encourage gas equipment

suppliers to exhibit and instruct gas distribution and transmission

personnel in the proper use of special tools and equipment. Similarly,

state regulatory agencies are often encouraged to participate by

teaching or clarifying the applicable Federal/state pipeline safety

regulations to personnel working on small gas distribution systems.

At the Federal level, RSPA provides pipeline safety training

through its Transportation Safety Institute (TSI) in Oklahoma City,

Oklahoma. In 1992 and 1993 gas pipeline safety seminars taught by

instructors from the TSI were held in 20 and 21 states, respectively.

These one, two, three, and four-day seminars teach various aspects of

pipeline safety regulations and include instructional material oriented

toward the operator personnel working on small gas distribution

systems. The gas pipeline safety seminars will also be held in 26

states during 1994. Attendance at these instructive seminars requires

advance registration and payment of a modest registration fee.

Additionally, other hazardous liquid and gas pipeline safety courses

planned by TSI for presentation in 1994 include regulation compliance,

corrosion control and computer simulator dispatching. Pipeline

operators interested in further information on TSI training courses

should contact their state pipeline safety regulatory office or phone

the Pipeline Safety Division of the Transportation Safety Institute at

(405) 954-7219.

In 1989, RSPA distributed to each state pipeline safety agency a

set of 10 VHS cassettes prepared by the Pipeline Safety Section of the

Arizona Corporation Commission for training small gas distribution

operators in that state. The cassettes can be used by operators of

small distribution systems in all the states to augment the training of

their employees. The cassettes present fundamental theory and practical

application of gas distribution plus the basics of the Federal pipeline

safety regulations.

Another RSPA training aid is the ``Guidance Manual for Operators of

Small Gas Systems,'' which is available (in single copy) to pipeline

operators at no cost from the Transportation Safety Institute, Pipeline

Safety Division, DTI-60, Post Office Box 25082, Oklahoma City, Oklahoma

73125-5050. The manual was developed by RSPA with the assistance of

state pipeline safety representatives and gas distribution trade

association members. The manual has recently been revised and updated.

It provides a broad overview of compliance responsibilities under parts

191, 192, and 199 of the Federal pipeline safety regulations and is

designed for use by non-technically trained operator personnel working

on small gas distribution systems, including master meter systems.

Since the publication of the first edition in 1982, some 50,000 copies

have been disseminated to gas operator personnel.

Covered Functions

The proposed regulations apply to personnel who perform regulated

operation, maintenance, and emergency-response functions ( covered

functions ) on a ``pipeline,'' as that term is defined in Secs. 192.3

and 195.2 of the pipeline safety regulations. Additionally, the

proposed regulations would apply to ``supervisory persons'' (defined in

Secs. 192.803 and 195.503, as operators, managers, supervisors,

foremen, co-workers, and other personnel) who directly oversee persons

performing these same covered functions. Lack of qualified personnel to

perform regulated pipeline design and construction functions that are

unrelated to pipeline operation, maintenance, or emergency response has

not been identified as a significant safety problem. Thus, at this

time, no new requirements are proposed for these areas. Nonetheless, if

regulated design or construction functions are required to properly

accomplish regulated operation, maintenance, or emergency-response

work, then persons performing those related design or construction

functions must be qualified as proposed in this notice. However,

persons with pipeline expertise and registered as professional

engineers in the state where the pipeline work is located are qualified

for any such engineering design under the proposed requirements.

Covered functions are those operation, maintenance, and emergency-

response functions that are regulated by the pipeline safety

regulations. However, covered functions are not limited to those under

Part 192, Subpart L--Operations and Subpart M--Maintenance or Part 195,

Subpart F--Operation and Maintenance. The covered functions are much

broader and are generally identified as having all three of the

following characterics:

Characteristic No. 1--The function is performed by persons

either in direct contact, or in close association with pipelines

regulated by parts 192 or 195.

Characteristic No. 2--The function performed applies to

the operation or maintenance of pipelines, or the response to an

emergency involving pipelines. These functions are performed on

pipelines that are or have been in service, as opposed to new pipelines

that have not yet been readied for service. Operating functions

include, among other things, the control of pressure, movement, or

storage of gas under part 192 and hazardous liquids or carbon dioxide

under part 195. Maintenance functions keep a pipeline in proper

condition or preserve a pipeline for future use. They include, among

other things, functions involved in inspection, protection, repair,

replacement, and integrity testing. Emergency-response functions are

steps an operator takes to recognize emergency conditions; control or

mitigate their harmful effects to persons, property, or the

environment; and then return the pipeline to normal operating

conditions.

Characteristic No. 3--The function is regulated by a

provision contained in part 192 or 195. A function is regulated in

instances where a provision: (1) contains a rule that governs the

conduct of the function, or (2) requires that the function be done

according to a plan or procedure.

Proposed Subparts

Because the training and testing of pipeline personnel may be an

expanding requirement, the qualification regulations under this

proposal would be placed in new subpart N of part 192 and new subpart G

of part 195. The current Sec. 195.403 (Training) would be deleted.

Under the proposed Secs. 192.805(a) and 195.505(a), operators would

have to assure that personnel (both experienced and inexperienced) who

perform, or directly oversee persons performing, regulated operation,

maintenance, or emergency-response functions (covered functions) have

been qualified by completion of all the requirements for qualification.

Persons qualified to perform certain covered functions may need

additional training and testing before performing other covered

functions to which they are upgraded, promoted, or transferred. The

personnel affected by this proposal may be operators themselves;

regular, part-time, or temporary employees of the operator; independent

contractors and subcontractors engaged by the operator; and regular,

part-time, or temporary employees of contractors and subcontractors.

Under Secs. 192.805(b) and 195.505(b), functions required to be

performed by qualified persons may (except for the specified functions)

also be performed by persons without such qualification if, while

performing the function, those persons are accompanied and directed by

a qualified supervisory person. This provision is intended to permit

on-the-job training of persons not yet qualified. The supervisory

person involved would not only have to directly oversee performance of

the covered function, but accompany and direct the trainee (or

unqualified person) while he or she performs the function.

Moreover, supervisory persons directly overseeing qualified persons

performing covered functions would, themselves, be required to be

qualified or required to be qualified administratively for those

covered functions as required in Secs. 192.805(c) and 195.505(c). The

term ``qualified administratively'' is defined in Secs. 192.803 and

195.503.

Under the proposed Secs. 192.805(c) and 195.505(c), supervisory

persons may become qualified administratively in certain covered

functions by meeting all the proposed training and testing

requirements, except those involving the demonstration of competent

manual skills. Accordingly, supervisory persons directly overseeing

personnel such as qualified welders would be permitted an exemption

from ``hands-on'' welding. However, such supervisory persons would be

required to demonstrate an appropriate knowledge of the pipeline safety

regulations for welding--subpart E of part 192 or subpart D of part 195

as required under the proposed Secs. 192.811(d)(1) and 195.511(d)(1).

RSPA encourages the practice of some pipeline operators to require that

persons directly supervising welders be, themselves, fully qualified

welders.

Under Secs. 192.807 and 195.507, all evaluating, training, and

testing of personnel would be performed by an instructor with

demonstrable proficiency in the functions to be taught and tested.

Demonstrable proficiency is proposed to be defined as evidence of

competence acceptable to other persons with specialized training or

certification in the performance of similar functions. However, the

instructor's proficiency need only be commensurate with the level of

knowledge and skills required for competent performance of the function

on the operator's unique pipeline. This provision recognizes that the

degree or extent of knowledge and skills required to competently

perform some functions on a particular pipeline may be less than that

required for similar functions on more complex pipelines.

Operators (who own or operate pipelines) are permitted to serve as

instructors or to select operator personnel or other entities to serve

as instructors, providing that the operator or persons selected as

instructors have the required level of proficiency. An operator who

would not qualify as an instructor but would need to be evaluated for

purposes of qualification would have to obtain the evaluation from an

instructor, who could be another operator, employee of that other

operator or an entity qualified as an instructor.

Under Secs. 192.809(a) and 195.509(a), instructors would be

required to evaluate the work experience and training of persons

requiring qualification in order to determine what, if any, prior work

experience and training were suitable and applicable to that required

for competent performance of the persons' current functions. Work

experience and training that are evaluated as equivalent to any of the

general or specific training elements of Secs. 192.811 and 195.511

would not require retraining, but would require testing under

Secs. 192.813 and 195.513 to confirm the evaluation. After completion

of the evaluation of the prior experience and training of persons

performing covered functions, the operator would be required by

Secs. 192.809(b) and 195.509(b) to prepare a written or computerized

qualification training and testing schedule containing details such as

names and titles of affected persons, dates and locations for training

and testing, elements of general and specific training to be taught or

tested, and names of instructors. Under Secs. 192.809(c) and

195.509(c), the operator would be required to prepare a written or

computerized refresher training schedule showing similar details,

except that testing is not required, under this proposal, for refresher

training. The proposed elements of qualification training under

Secs. 192.811 and 195.511 are based on the training program hazardous

liquid operators are now required to conduct under Sec. 195.403(a).

However, the proposed requirements are more comprehensive.

Under the proposal, all affected personnel (except persons with

prior equivalent work experience or training that have been confirmed

by testing) would have to satisfactorily complete general training

elements of Secs. 192.811 and 195.511 appropriate to the operator's

unique pipeline and specific training elements relevant to a person's

covered functions on that unique pipeline. Operators would have to

demonstrate that their personnel have received training relevant to the

operator's unique pipeline system in the applicable elements of

Secs. 192.811 and 195.511 through any, or a combination of the

following methods: prior formal education, prior company-sponsored

training, work experience, apprenticeship, or newly provided on-the-job

or classroom training. All would qualify as legitimate training

methods. The necessary depth and length of training would be

established by the operator so that they are sufficient to assure

personnel competency as demonstrated by subsequent testing under

Secs. 192.813 and 195.513.

Under this approach, pipeline instructors would determine for each

individual what work experience and prior education or training are

relevant to that individual's covered functions and what additional

training is needed to meet the proposed elements of training.

Consequently, wholesale training should be unnecessary for most

experienced personnel of pipeline operators with currently adequate

training programs. Although this approach is intended to give operators

latitude in developing a qualification program, each operator's program

would be required to result in personnel of the operator and the

contractor being proficient in all the training elements proposed under

Secs. 192.811 and 195.511. Because the training appropriate for one

individual function, or a particular pipeline, may not be appropriate

for another individual function, or another pipeline, an operator's

qualification program would be developed and implemented to accommodate

such distinctions.

RSPA is particularly concerned that control center dispatchers and

other operating personnel are adequately trained to recognize the

abnormal operating conditions or the emergency conditions of proposed

Secs. 192.811(d)(4) and 195.511(d)(4). Further, RSPA is concerned that

control center persons and other operating personnel are adequately

trained in the appropriate reactions to restore abnormal operating

conditions to normal conditions and are adequately trained in the

appropriate reactions to prevent the development of emergency

conditions. Additionally, in the proposed Secs. 192.811(d)(5) and

195.511(d)(5), control center persons, and operating and emergency-

response personnel must be adequately trained in the appropriate

reactions to control emergency conditions or to mitigate the potential

for personal injury, death, property damage, and environmental damage.

Sections 192.811(d)(5) and 195.511(d)(5) would supplement the

requirements of the current Secs. 192.615 (Emergency plans) and 195.402

(Procedural manual for operations, maintenance, and emergencies).

Under Secs. 192.813 and 195.513, tests would have to be designed by

the operator to demonstrate that personnel possess the knowledge and

skills that training is intended to impart. Testing could be through

any, or a combination of, written, hands-on, or oral methods

appropriate for the function tested. For some functions, a suitable

test might consist of observing ``hands-on'' performance supplemented

by appropriate questioning. Operators must set the minimum acceptable

test grade at a level that would demonstrate the knowledge and skills

required to competently perform the function tested. Testing would be

required for all persons performing covered functions including

experienced personnel evaluated under Secs. 192.809(a) and 195.509(a)

to have met training requirements by equivalent prior training or

experience. RSPA believes that testing is the only reasonable way to

ensure that personnel possess the knowledge and skills required for

qualification.

Under these proposed regulations, qualification of an individual

based on training and testing would not be a one-time event. Each time

the pipeline safety regulations or the operator's procedures are

changed or new ones are put into effect, operators would have to

determine which persons may need additional training to carry out their

covered functions under the new regulations or procedures. When further

qualification training is required, it would have to be followed by a

test. When qualification is required to comply with new or revised

pipeline safety regulations, the qualification training and testing

would have to be completed before the compliance dates specified in the

rule and before the affected person begins performance of a covered

function. A similar evaluation and timely qualification process would

be required each time a person is given an operation, maintenance, or

emergency-response assignment for which that person is not qualified.

Until that person becomes qualified, the person must be accompanied and

directed by a qualified person.

The requirement of existing Sec. 195.403(a) that the training

program be continuing would be made more definite under the proposed

requirement for refresher training at intervals not to exceed 2 years.

Under the proposed Secs. 192.815 and 195.515, refresher training is

intended to be a review of the general and the appropriate specific

elements under Secs. 192.811 and 195.511. The review may be

accomplished by the same methods used for qualification training.

However, there is no exception for prior experience or training

evaluated as equivalent, as permitted in Secs. 192.811(a) and

195.511(a). An existing requirement under Sec. 195.403(c) requires

hazardous liquid operators to require and verify that their supervisors

maintain a thorough knowledge of that portion of the procedures

established under Sec. 195.402 (Procedural manual for operations,

maintenance, and emergencies). This requirement would not be continued

in its present form under the proposed qualification standards because

it is less rigorous than the proposed requirement that affected

personnel be qualified. Moreover, an existing requirement under

Sec. 195.403(b) concerning review of personnel performance relative to

the objectives of the training program would be carried forward into

proposed competency reviews under Secs. 192.817(e) and 195.517(e).

The purpose of competency reviews is to evaluate the effectiveness

of qualification training, testing, and refresher training by reviewing

the performance of personnel involved with covered functions which

resulted in reportable accidents and other nonreportable events. The

nonreportable events would be deaths, personal injuries, property

damage, or damage to the environment, any of which may have occurred

without a release of the gas, hazardous liquid, or carbon dioxide, or

otherwise did not meet the threshold limits for reportable gas

incidents under Sec. 191.5 or reportable liquid accidents under

Sec. 195.50. Among other such events would be violation of operating

procedures, and abnormal operating conditions or emergency conditions

as set out in the proposed Secs. 192.811(d)(4)-(d)(5) and

Secs. 195.511(d)(3)-(d)(4).

Within 2 months after a competency review, the operator would be

required to have identified and implemented appropriate revisions, if

any are identified, in the qualification program to reduce the

likelihood of the reoccurrence of a similar accident or event.

Sections 192.819 and 195.519 would require the operators to prepare

and maintain records showing that personnel have been trained and

tested as required. Additionally, the operator would be required to

sign and date certification statements specifying the covered functions

for which each person is qualified. The date of the certification

statement becomes the date of the persons qualification for the

specified covered functions. Records would be kept for a minimum of 3

years after a person is no longer employed by the operator in a

capacity that requires qualification.

Relation to Other Qualification Rules

Except for the removal of Sec. 195.403 discussed above, RSPA does

not intend that the qualification rules proposed by this notice

substitute for any of the existing requirements of parts 192 and 195

governing the qualification of personnel to perform specific functions.

Consequently, individuals who perform functions requiring qualification

under the existing pipeline safety regulations such as welding,

nondestructive testing, corrosion control, or plastic pipe joining as

part of a regulated operation, maintenance, or emergency-response

function on a pipeline would have to meet both the existing job-

specific qualification requirements, and the additional qualification

standards put forth in this notice.

Contractor Personnel

The proposed regulations apply to persons performing covered

functions and supervisory persons directly overseeing persons

performing covered functions. The persons may be employed by the

operator, be a contractor engaged by the operator, or be employed by

the contractor. Thus, contractor and subcontractor personnel performing

covered functions for an operator on the pipeline would be required to

be qualified, as prescribed in this notice.

The pipeline operator is responsible for assuring that contractor

personnel performing covered functions comply with the proposed

qualification requirements. To comply with this requirement, operators

may elect to implement the following steps: (1) include appropriate

``qualification of personnel'' clauses in contracts with contractors;

(2) require contractors to prepare and keep current records

demonstrating that personnel performing covered functions receive

training, testing and refresher training and, if required, competency

reviews as required by the proposed requirements in this notice; and

(3) monitor onsite contractor personnel to ensure that persons

performing covered functions are qualified and certified as proposed in

this notice.

Proposed Compliance Deadlines

RSPA proposes, under Secs. 192.821(a)-(b) and 195.521(a), that all

pipeline operators be given 6 months to prepare a qualification

training and testing schedule. However, operators of small gas systems

would be given 3 years and all other pipeline operators would be given

2 years to comply with all other requirements for personnel

qualification under the proposed Secs. 192.821 and 195.521. Based on

the recommendations of the joint advisory committees made on September

23, 1987, that the regulations be sensitive to the limited financial

and technical resources of operators of small gas distribution systems,

the proposed Secs. 192.821(b)(2)-(b)(4) would allow operators of such

systems an additional year to comply with all the regulations except

the requirement for preparation of the qualification training and

testing schedule as set out in Sec. 192.821(b)(1). This extra year

should provide a reasonable time period for small gas distribution

operators to utilize the state, Federal, and gas association training

aids to develop the relevant training and testing required to qualify

personnel to whom these proposed rules would apply. All the compliance

dates begin at the date of promulgation of the final rule in the

Federal Register.

Operators of pipelines subject to part 195 remain subject to

Sec. 195.403 until the proposed subpart G becomes effective.

Rulemaking Analyses

E.O. 12866 and DOT Regulatory Policies and Procedures

This proposed rule is considered a significant regulatory action

under section 3(f) of Executive Order 12866 and, therefore, is subject

to review by the Office of Management and Budget (OMB). The proposal is

considered significant under the Department of Transportation Policies

and Procedures (44 FR 11034; February 26, 1979), because of the

substantial interest expressed by the pipeline industry, state and

Federal agencies, and Congress. A regulatory evaluation is available

for review in the docket.

Federalism Assessment

The proposed rulemaking action would not have substantial direct

effects on states, on the relationship between the Federal Government

and the states, or on the distribution of power and responsibilities

among the various levels of government. Therefore, in accordance with

Executive Order 12612 (52 FR 41685; October 30, 1987), RSPA has

determined that this notice does not have sufficient federalism

implications to warrant preparation of a Federalism Assessment.

Regulatory Flexibility Act

Based on the facts available about the impact of this rulemaking

action, I certify pursuant to section 605 of the Regulatory Flexibility

Act (5 U.S.C 601-612) that the action will not, if adopted as final,

have a significant economic impact on a substantial number of small

entities.

Paperwork Reduction Act

This notice of proposed rulemaking contains information collection

requirements in the form of written or computerized training and

testing schedules under the proposed Secs. 192.809 and 195.509, and

recordkeeping to substantiate the training and testing of personnel

under the proposed Secs. 192.819 and 195.519. These paperwork

requirements are necessary to properly implement 49 U.S.C. Sec. 60102.

The operator would develop the schedules and prepare and maintain the

personnel training and testing records for proper performance of the

proposed rule. However, pipeline operators with adequately qualified

personnel currently have such records of training and testing. For

persons newly trained and tested under the requirements of this

proposal, much of the information required for the personnel records

would be available in the required qualification schedules. None of

these information collection requirements would be prepared for the

purpose of submittal to RSPA.

These proposed information collection requirements have been

submitted to the OMB for approval under the Paperwork Reduction Act of

1980 (44 U.S.C. Chap. 35) and 5 CFR 1320 under the following:

ADMINISTRATION: Department of Transportation, Research and Special

Programs Administration;

TITLE: Qualification of Pipeline Personnel;

NEED FOR INFORMATION: To prevent pipeline incidents and accidents

by assuring the competency of pipeline personnel through training,

testing, and periodic refresher training;

PROPOSED USE OF INFORMATION: To ensure pipeline personnel have the

necessary knowledge and skills to competently perform regulated

operation, maintenance, and emergency response functions;

FREQUENCY: On occasion;

BURDEN ESTIMATE: $2.5 million (initially), and $0.9 million

(annually) thereafter;

RESPONDENTS: Operators subject to CFR Parts 192 & 195;

FORM(S): None;

AVERAGE BURDEN HOURS PER RESPONDENT: 1.8 hours (initially), and 0.7

hours (annually).

For further information contact: The Information Management

Division, M-34, Office of the Secretary of Transportation, 400 Seventh

Street, SW., Washington, DC 20590, Tel. (202) 366-4735.

Comments on the proposed information collection requirements should

be submitted to the Office of Management and Budget, Office of

Information and Regulatory Affairs, Washington, DC 20503, Attn: Desk

Officer for Department of Transportation, Research and Special Programs

Administration. It is requested that comments sent to OMB also be sent

to the RSPA rulemaking docket for this proposed action.

List of Subjects

49 CFR Part 192

Natural gas, Pipeline safety, Reporting and recordkeeping

requirements.

49 CFR Part 195

Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety,

Reporting and recordkeeping requirements.

In consideration of the foregoing, RSPA proposes to amend title 49

of the Code of Federal Regulations parts 192 and 195 as follows:

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, 60118; 49 CFR 1.53.

2. A new subpart N would be added to read as follows:

Subpart N--Qualification of Pipeline Personnel

Sec.

192.801 Scope.

192.803 Definitions.

192.805 Personnel to be qualified.

192.807 Instructors.

192.809 Evaluation and scheduling.

192.811 Qualification training.

192.813 Testing.

192.815 Refresher training.

192.817 Competency reviews.

192.819 Recordkeeping.

192.821 Compliance dates.

Subpart N--Qualification of Pipeline Personnel

Sec. 192.803 Scope.

(a) This subpart prescribes minimum requirements for the

qualification of personnel performing covered functions.

(b) Under this subpart, personnel must complete requirements for

qualification training, testing, and refresher training.

the following requirements: identification of covered functions and

affected personnel; selection of instructors and subject matter;

evaluation of prior experience and training of personnel; scheduling

and implementation of training, testing, and refresher training;

performance of competency reviews; maintenance of qualification

records; certification of personnel and supervisory person

qualification; and adherence with compliance dates.

(d) No operator may use a person to perform any covered function

for which qualification is needed, unless and until that person is

qualified and certified by the operator, or that person is accompanied

and directed by a qualified person.

Sec. 192.803 Definitions.

As used in this subpart:

Covered functions means regulated operation, maintenance, and

emergency-response functions performed in direct contact, or in close

association with pipelines subject to this part. Covered functions are

not limited to those under Subpart L--Operations or Subpart M--

Maintenance of this part. Covered functions do not include clerical,

truck driving, accounting, or other functions not subject to this part.

Demonstrable proficiency means evidence of knowledge and skill

acceptable to other persons with specialized training or certification

in the performance of similar functions.

Demonstrated successful performance on a test means achievement of

at least the minimum acceptable grade level that demonstrates the

knowledge and skills required to competently perform the function

tested.

Personnel means persons performing covered functions or supervisory

persons directly overseeing persons performing covered functions. The

persons may be the operator or employed by the operator, be a

contractor engaged by the operator, or be employed by such contractor.

Qualification training and testing schedule means a written or

computerized schedule, prepared by the operator, that sets out the

following minimum details: names and titles of personnel, dates of

training and testing, elements of general and specific training to be

taught or tested, and names of instructors.

Qualified means meeting the training, testing, and recordkeeping

requirements of this subpart for a covered function.

Qualified administratively means meeting the training, testing, and

recordkeeping requirements of this subpart for covered functions,

except those involving the demonstration of competent ``hands-on''

skills, such as required for welding.

Refresher training schedule means a written or computerized

schedule, prepared by the operator, that sets out the details of the

qualification training and testing schedule, except that information

relating to testing is not required.

Small gas distribution systems means, as characterized in this

subpart, gas distribution systems serving fewer than 10,000 customers.

They include petroleum gas systems (covered by Sec. 192.11) and master

meter systems (defined in Sec. 191.3), both of which usually serve

mobile home parks or housing complexes; and private or municipal

systems.

Supervisory persons means persons such as operators, managers,

supervisors, foremen, co-workers and other personnel.

Sec. 192.805 Personnel to be qualified.

(a) Except as provided in paragraphs (b) and (c) of this section,

persons performing covered functions and supervisory persons directly

overseeing persons performing covered functions must be qualified under

this subpart. Personnel requiring such qualification may be the

operator or employed by the operator, be a contractor engaged by the

operator, or be employed by such contractor.

(b) Except for the covered functions of welding and nondestructive

testing under subpart E of this part and of plastic pipe joining under

subpart F of this part, personnel requiring qualification under

paragraph (a) of this section may perform a covered function without

qualification if, while performing the function, those persons are

accompanied and directed by a supervisory person qualified under this

subpart.

performing covered functions must, themselves, be qualified or be

qualified administratively for those functions.

Sec. 192.807 Instructors.

(a) To implement the evaluating, training, and testing requirements

of this subpart, an instructor (the operator or others selected by the

operator) must have demonstrable proficiency in the functions to be

taught and tested commensurate with the level of knowledge and skills

required for the operator's unique pipeline system.

(b) Whenever an instructor selected by the operator is a person or

entity other than the operator or operator personnel, the operator

remains responsible for ensuring that the requirements of this subpart

are complied with.

Sec. 192.809 Evaluation and scheduling.

(a) The instructor shall evaluate any prior experience and training

of personnel requiring qualification under Sec. 192.805. Previous

experience or training equivalent to any of the general or specific

training elements of Sec. 192.811 would not require qualification

training in those elements, but would require testing under

Sec. 192.813.

(b) To ensure completion of the evaluation under paragraph (a) of

this section and the scheduling necessary for implementation of

training and testing under Secs. 192.811 and 192.813, the operator

shall prepare a written or computerized qualification training and

testing schedule. The schedule shall contain names and titles of

affected persons, dates and locations for training and testing,

elements of general and specific training to be taught or tested, and

names of instructors.

implementation of the refresher training under Sec. 192.815, the

operator shall prepare a written or computerized refresher training

schedule. The schedule shall contain details, with the exception of

testing, similar to those required in paragraph (b) of this section.

Sec. 192.811 Qualification training.

(a) Except for any prior experience or training evaluated as

equivalent under Sec. 192.809(a), to be qualified under this subpart,

personnel must satisfactorily complete general and specific training

appropriate to the operator's unique pipeline system. Supervisory

persons are required to be similarly qualified or, under

Sec. 192.805(c), are permitted to be qualified administratively.

(b) General and specific training may be acquired through one or

any combination of classroom education, operator-sponsored training,

on-the-job training, or apprenticeship.

knowledge of the following elements:

(1) Characteristics and hazardous properties of gas transported,

such as explosive range, temperature, and corrosive effects on pipeline

systems, as well as toxicity, olfactory, asphyxiatory, and temperature

effects on persons, property, and the environment;

(2) Potential ignition sources of escaping gas;

(3) Purpose and operation of the damage prevention program in

Sec. 192.614 including the operation of one-call systems; and

(4) Purpose of the drug testing program under part 199 of this

chapter.

(d) Minimum specific training required when relevant to a person's

function includes knowledge of the following elements:

(1) Requirements of the other subparts of this part;

(2) Requirements of part 191 of this chapter--Transportation of

Natural and Other Gas by Pipelines: Annual Reports; Incident Reports,

and Safety-Related Condition Reports;

(3) Requirements of part 199 of this chapter--Drug Testing;

(4) Recognition of abnormal and emergency conditions:

(i) Ability to recognize abnormal operating conditions which may

indicate a dangerous situation or a condition exceeding operating

design limitations, such as a pressure above the maximum allowable

operating pressure but not exceeding the limitations of Sec. 192.201,

and to recognize other conditions such as those in Secs. 192.605 (c)

and (f).

(ii) Ability to recognize emergency conditions such as an operating

pressure exceeding the limitations of Sec. 192.201 and to recognize

emergency conditions such as those in Secs. 192.605 and 192.615.

(iii) Training for paragraphs (d)(4)(i) and (d)(4)(ii) of this

section shall, where feasible, utilize simulated pipeline conditions.

(5) Reaction to abnormal and emergency conditions:

(i) Ability to react appropriately to an abnormal operating

condition or to a condition exceeding design limitations in a manner

that restores the normal operating condition or prevents the

development of an emergency condition.

(ii) Ability to react appropriately to an emergency condition to

control or mitigate the potential for personal injury, death, property

damage, and environmental damage.

(iii) Training for paragraphs (d)(5)(i) and (d)(5)(ii) of this

section shall, where feasible, utilize simulated pipeline conditions.

(6) Requirements for notifying and responding to notifications from

one-call systems where the operator is a participating member;

(7) Repairs of pipelines using appropriate precautions, such as

isolation, purging, and venting;

(8) Proper operation and maintenance of available combustible gas

detecting equipment and locating instruments for underground pipelines.

(9) Firefighting procedures and proper use of available equipment,

such as fire suits, breathing apparatus, water hoses, and chemical fire

extinguishers (by utilizing, where feasible, simulated pipeline

emergency conditions).

Sec. 192.813 Testing.

(a) Except as provided for supervisory persons in this paragraph,

to be qualified under this subpart, personnel must have demonstrated

successful performance on a test of the general training elements in

Sec. 192.811(c) and relevant specific training elements in

Sec. 192.811(d). Testing may be performed through one or any

combination of written, hands-on, or oral methods appropriate for the

function tested. Supervisory persons are required to be similarly

qualified or, under Sec. 192.805(c), are permitted to be qualified

administratively.

(b) Testing is not required for the refresher training under

Sec. 192.815.

Sec. 192.815 Refresher training.

(a) To remain qualified under this subpart personnel, within 24

months of the date of the certification statement required under

Sec. 192.819(b), must receive refresher training. Refresher training is

a review of the requirements for general training and the appropriate

requirements for specific training under Sec. 192.811.

(b) Refresher training is required within 24-month intervals

thereafter.

Sec. 192.817 Competency reviews.

At intervals not exceeding 7 months, but at least twice each

calendar year, an operator shall review the performance of any

personnel involved in an incident (reportable or nonreportable events

under Sec. 191.5 of this chapter) that resulted in an explosion, fire,

unintentional release of gas, personal injury or death, property damage

to the operator or others, damage to the environment or that is a

violation of the operator's procedures under Sec. 192.605. Among other

such events are abnormal operating conditions or emergency conditions

set out in Secs. 192.811 (d)(4) and (d)(5). Within 2 months after a

competency review, the operator shall:

(a) Evaluate the effectiveness of qualification training, testing,

and refresher training required by this subpart; and

(b) Identify and implement appropriate revisions, if any, in the

qualification program to improve the competency of operator personnel

in order to reduce the likelihood of similar incidents.

Sec. 192.819 Recordkeeping.

(a) For personnel qualified to perform covered functions, the

operator shall prepare and maintain written or computerized records and

dates of:

(1) The general and specific training elements of Sec. 192.811

which the person has satisfactorily completed;

(2) The results of the testing required by Sec. 192.813 indicating

the person has demonstrated successful performance; and

(3) The refresher training required by Sec. 192.815 which the

person has received.

(b) Each operator shall sign and date the following statements, and

include it among the records for each qualified person: ``I certify

that on this date [insert name of person] is [qualified or qualified

administratively] to perform the specified covered function(s) by the

training and testing required by 49 CFR Part 192, Subpart N, as

demonstrated by the accompanying record(s) prepared for that person in

accordance with Sec. 192.819.''

person ceases to be employed by the operator in a capacity that

requires qualification under this subpart.

Sec. 192.821 Compliance dates.

(a) Except for operators of small gas systems under paragraph (b)

of this section, operators shall meet the following compliance dates:

(1) Completion of the initial qualification training and testing

schedule required by Sec. 192.809(b) before [6 months after date of

publication of final rule];

(2) Completion of the initial qualification training and testing

required by Secs. 192.811 and 192.813 and recordkeeping required by

Sec. 192.819 before [24 months after date of publication of final

rule];

(3) Completion of the initial refresher training schedule required

by Sec. 192.809(c) before [30 months after publication of final rule].

Thereafter, the refresher training schedule shall be updated as

necessary for implementation of the requirements for refresher training

under Sec. 192.815;

(4) Completion of the initial refresher training required by

Sec. 192.815 before [42 months after date of publication of final

rule]; and

(5) Completion of the initial competency reviews, if any, required

under Sec. 192.817 before [12 months after date of publication of final

rule].

(b) Operators of small gas distribution systems defined in

Sec. 192.803 shall meet the following compliance dates:

(1) Completion of the initial qualification training and testing

schedule required by Sec. 192.809(b) before [6 months after date of

publication of final rule];

(2) Completion of the initial qualification training and testing

required by Secs. 192.811 and 192.813 and recordkeeping required by

Sec. 192.819 before [36 months after date of publication of final

rule];

(3) Completion of the initial refresher training schedule required

by Sec. 192.809(c) before [42 month after date of publication of final

rule]. Thereafter, the schedule shall be updated as necessary for

implementation of the requirements for refresher training under

Sec. 192.815;

(4) Completion of the initial refresher training required by

Sec. 192.815 before [54 months after date of publication of final

rule]; and

(5) Completion of the initial competency reviews, if any, required

under Sec. 192.817 before [24 months after date of publication of final

rule].

PART 195--[AMENDED]

3. The authority citation for part 195 is revised to read as

follows:

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

4. Section 195.403 would be removed and reserved and a new subpart

G would be added to read as follows:

Subpart G--Qualification of Pipeline Personnel

Sec.

195.501 Scope.

195.503 Definitions.

195.505 Personnel to be qualified.

195.507 Instructors.

195.509 Evaluation and Scheduling.

195.511 Qualification training.

195.513 Testing.

195.515 Refresher training.

195.517 Competency reviews.

195.519 Recordkeeping.

195.521 Compliance dates.

Subpart G--Qualification of Pipeline Personnel.

Sec. 192.503 Scope.