Operation and Maintenance Procedures for Pipelines

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[Docket No. PS-113; Amendment 192-71, 195-49]

RIN 2137-AB44

Operation and Maintenance Procedures for Pipelines

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

ACTION: Final rule.

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SUMMARY: This final rule establishes procedures to be followed in the

operation and maintenance (O&M) of gas pipeline facilities. This action

amends current standards by requiring regulated gas pipeline operators

to include detailed procedures regarding normal and abnormal operation,

maintenance and emergency-response activities in their O&M manual.

Furthermore, operators are required to review and update their O&M

manual each calendar year. Finally, this final rule requires that

regulated gas and hazardous liquid pipeline operators prepare and

follow procedures to safeguard personnel from the hazards associated

with the unsafe accumulation of vapor or gas in excavated trenches.

EFFECTIVE DATES: This final rule takes effect February 11, 1995.

However, Secs. 192.605(b)(9) and 195.402(c)(14) become effective March

14, 1994.

FOR FURTHER INFORMATION CONTACT: Jack Willock, (202) 366-2392,

concerning the contents of this final rule, or the Dockets Unit, (202)

366-4453, regarding copies of this final rule or other material in the

docket.

SUPPLEMENTARY INFORMATION:

Background

The Research and Special Programs Administration (RSPA) issued a

Notice of Proposed Rulemaking (NPRM) on November 6, 1989 (54 FR 46685)

inviting comment on proposed amendments to Part 192. The amendments

were intended to clarify and delineate gas pipeline operation and

maintenance (O&M) procedures, thereby reducing the likelihood of

failures and providing a better basis for personnel training.

The rulemaking was prompted by a RSPA Task Force investigation of

four incidents by a major transmission company in a two year period.

The incidents caused 10 deaths, 36 injuries and significant property

damage. The Task Force examined the company's O&M procedures, and those

of five others, all operating in Kentucky where three of the four

incidents occurred. It concluded that RSPA should revise Sec. 192.605,

Essentials of operating and maintenance plan, to provide more guidance

for operators in O&M procedures (similar to Sec. 192.615 regarding

emergency plans, and Sec. 195.402 regarding liquid pipeline procedural

manuals). The NPRM also proposed new requirements under Parts 192 and

195 relating to the safety of personnel in trenches.

Comment Summary

RSPA received 56 comments on the notice from one city, four states,

one Federal agency, five industry associations, and 45 gas transmission

and distribution companies. The government affiliated commenters

generally agreed with the proposed rules. The industry associations and

companies supplied both general and specific comments against portions

of the rulemaking. Since issuance of the NPRM, industry opposition to

portions of the rule has significantly decreased. Many regulated

entities have unilaterally moved to adopt similar O&M procedures in

anticipation of this final rule. A topic by topic discussion of the

substantive comments and RSPA responses to those comments follows.

Comments on Parallel Regulations: Four industry associations and 16

pipeline operators argued against RSPA's goal to make the regulations

governing gas and liquid O&M procedures parallel each other. Several

stated that significant differences exist in the operating

characteristics and physical properties of natural gas and hazardous

liquids that affect the potential public safety risk posed by a

pipeline leak. Those opposing the rule pointed to the physical property

difference between gas and liquids, and noted that liquids tend to

``spread out'' and pollute the environment while gases tend to vent

harmlessly into the atmosphere. They said a natural gas leak would

affect the immediate vicinity of the pipeline while a hazardous liquid

leak could spread over wide areas and cause considerable environmental

damage.

Response: RSPA believes that parallelism should be maintained

between the O&M procedure requirements of Parts 192 and 195. The

existence of two separate sets of regulations is an acknowledgment of

the distinctions between gas and liquid pipelines. However, RSPA

believes that the O&M similarities vastly outnumber the differences,

and that compliance, particularly for operators who have both liquid

and gas pipelines, is enhanced by making the two regulations reasonably

similar while recognizing the technical distinctions between gas and

liquid pipelines. RSPA agrees with the commenters that liquids have the

potential to cause widespread environmental damage by pollution, but

also believes that, under appropriate conditions, natural gas leaks and

explosions may also have far reaching effects on property and life.

Comments on General Provisions (Proposed Sec. 192.603(b)): RSPA

received comments from 2 operators objecting to proposed

Sec. 192.603(b) which requires operators to keep records necessary to

administer the procedures established under Sec. 192.605.

Response: Proposed Sec. 192.603(b) is merely a restatement of a

portion of existing Sec. 192.603(b). Section 192.603(b) is adopted as

proposed.

Comments on O&M Manuals (Proposed Sec. 192.605(a)): Two industry

associations and 15 operators recommended that RSPA not specify those

written procedures that operators must keep in their O&M manual.

Companies currently have Operation and Maintenance Manuals, Emergency

Manuals, Plumber Manuals, Leak Control Manuals, Corrosion Manuals and

other manuals containing information vital to pipeline operation.

Operators have, throughout the years, prepared manuals for their

systems documenting procedures appropriate for the specific needs of

that system. They stated that a requirement to combine these documents

into a single volume would create an oversized, impractical and

unwieldy manual.

One respondent stated that requiring all companies to prepare

procedures for each of the requirements of subparts L and M would be

wasteful since many procedures in these subparts only apply to certain

operators.

One company objected to the requirement proposed in Sec. 192.605(a)

that the manual be prepared before initial operation of a pipeline

system. It cited, among other things, that contract terms might be

breached, and that the financial health of both small producers and

pipeline companies could be jeopardized.

Response: RSPA did not intend the proposed O&M manual to be an

unwieldy single volume, or binder. Although, as proposed, the final

rule requires each operator to incorporate its O&M procedures for each

pipeline system into a single manual, this manual may be a

comprehensive set of cross-referenced volumes set up according to

functional subjects. Operators are expected to maintain a complete set

of the volumes of the comprehensive reference manual at one location.

Copies of parts of the manual, containing the information pertinent to

particular functions or facilities in a system, must also be kept

wherever needed for field operations. We propose to consolidate and

reorganize relevant procedures, existing in most cases, into a

comprehensive reference for use by operating personnel.

RSPA requires operators to prepare O&M procedures only for those

pipeline facilities within their system. For example, it would not be

necessary to prepare compressor startup procedures if the company has

no compressors. The procedures should be clear, straightforward and

applicable to the company's system.

RSPA strongly believes that a manual should be prepared prior to

commencing initial operation of a pipeline. Under normal circumstances,

long lead times are required for a company to obtain regulatory

approval to construct and commence operating a pipeline. This should

allow operators sufficient time to prepare the required documents in

anticipation of pipeline startup. The operation of a pipeline without

O&M procedures would be unsafe, both for those operating the pipeline

and for the public.

Some operators stated concern that they would be required to

maintain a manual for each of the many pipelines that they operate. One

manual is sufficient as long as all of an operator's system is

addressed. Section 192.605(a) is adopted as revised.

Comments on Standards: Six pipeline operators expressed concern

about what they regard as a trend toward specification standards rather

than performance standards. They contend that a change to specification

standards to facilitate enforcement of the regulations would be more

than offset by a reduction in flexibility of the operator to operate

its system, and could consequently reduce pipeline safety.

Response: The proposed rule was not written in specification, or

how-to-do-it fashion. Rather, the proposed rule used performance

language which would require that gas pipeline operators maintain O&M

procedures on specific topics. We are providing a list of required

items that must be included, but operators can determine how best to do

so for their particular system, so long as it provides for safe

maintenance and operations.

Written procedures on those specific topics are essential to safe

operation and maintenance of a pipeline. Procedures of a general nature

provide little guidance when needed. When used properly by trained

personnel, the specific procedures should have a positive effect on

pipeline safety. This rulemaking is based on the existing standard,

which is not sufficiently detailed to assure that prompt and

appropriate actions are taken by operators when necessary. The proposed

standards are specific, and this specificity provides the operator with

more reliable procedures to follow when conducting operations and

maintenance, and in situations where an abnormal situation or emergency

occurs.

Comments on Applicability to Distribution Pipelines: Six

distribution companies argued that accidents which occur on

transmission lines do not create a need for changes at the distribution

level, where the risks are different. They said rules applying to a

single cross country transmission pipeline do not necessarily apply to

complex distribution systems, and that distribution systems should be

excluded from this rulemaking.

Response: RSPA believes that all gas operators regulated by Part

192 should be subject to rules designed to provide safety for gas

pipelines through written operating, maintenance and emergency

procedures, supplemented by appropriate personnel training. Both

transmission and distribution systems transport the same hazardous

substance, flammable gas. Distribution systems operate in highly

populated areas, at times performing with operating pressures equalling

those of transmission lines, thereby bringing corresponding risks to

the public. Accordingly, distribution systems are not excluded from

this rulemaking. However, the final rule sets down different

requirements for transmission and distribution lines so that only

relevant procedures are prescribed.

Comments on Corrosion Control (Proposed Secs. 192.453 and

192.605(b)(2)): Two pipeline industry associations and 7 pipeline

operators stated that there is no benefit to including the details of

designing and installing cathodic protection systems in an O&M manual.

Response: Pipeline corrosion control is a pipeline maintenance

function. As a maintenance function, design of corrosion control

systems is appropriate for inclusion in an O&M manual. Operators

currently are required to keep these procedures under Sec. 192.453. The

final rule requires that these procedures be consolidated with other

procedures involving O&M functions in a single manual. Sections 192.453

and 192.605(b)(2) are adopted as proposed.

Comments on Construction Records, Maps, and Operating History

(Proposed Sec. 192.605(b)(3)): One industry association and 11 gas

pipeline operators objected to proposed Sec. 192.605(b)(3) which would

require operators to make construction records, maps, and operating

history available to appropriate O&M personnel. They find no benefit in

changing the rule, as the information is already available to operating

personnel.

Response: RSPA believes that it is essential for operators to have

established, written procedures to insure that their employees have

information (maps and operating history records) necessary for them to

conduct safe operations. As an example, personnel conducting pipeline

operations need direct access to maps, construction records and

operating history records without delay when emergencies arise. The

rule will have little effect on most companies, because they currently

supply their employees with such records, or have procedures in place

to make the records available. The language of Sec. 192.605(b)(3) is

adopted as proposed.

Comments on Gathering Data and Reporting Incidents (Proposed

Sec. 192.605(b)(4): RSPA proposed under Sec. 192.605(b)(4) that

operators prepare procedures for gathering data needed to report

incidents under 49 CFR part 191 in a timely and effective manner. Two

industry associations and 10 gas companies stated that requirements for

gathering information and reporting natural gas incidents are contained

in 49 CFR part 191 and that proposed Sec. 192.605(b)(4) is redundant.

Response: The proposed rule and part 191 are not redundant because

part 191 does not currently require operators to prepare and follow

written procedures for collecting data to be submitted in part 191

reports. The requirement is adopted as proposed.

Comments on Immediate Response Areas (Proposed Secs. 192.605(b)(5)

and (6)): Comments were received from one state regulatory agency,

three industry associations, and 17 gas companies regarding the

proposal to require operators to identify areas requiring immediate

response if a failure or malfunction occurs. Immediate response could

prevent serious consequences or hazards in case a facility fails or

malfunctions. Except for two gas companies who suggested revisions and

clarification, all those commenting opposed the proposed rules.

The state agency and several companies argued that the class

location system of part 192 (which classifies pipelines by population

density) is far superior to the immediate response concept of part 195

for recognizing and reacting to potential hazards along the pipeline

route. They contend that because the class location system requires the

operator to follow more stringent safety practices in higher risk

areas, the potential hazards along a line are reduced by such practices

as lower pipe stress levels, more frequent patrols, closer

sectionalizing valve spacing, and more frequent leak surveys.

Most of the companies said that any failure or malfunction in their

system required immediate response since the severity of an incident is

not known until an investigation is made by trained employees. For

these companies, a change in the rules is unnecessary. Further, they

felt the proposed rules may be counterproductive since they imply that

nonlisted locations may not need careful monitoring.

Response: A gas pipeline's class location is Class 1, 2, 3, or 4

depending on the population density in a class location unit, which is

an area one mile long by 220 yards (1/8 mile) on either side of the

line (Sec. 192.5). The stress level rules (Secs. 192.111 and 192.611),

the sectionalizing block valve rule (Sec. 192.179), the patrolling rule

(Sec. 192.705), and the leakage survey rule (Sec. 192.706) each require

companies to take more stringent precautions as class location, or

population density increases. Pipelines in densely populated areas must

be operated at lower hoop stress, patrols must be more frequent,

sectionalizing block valves must be more densely spaced, and leak

surveys must be taken more frequently in order to provide more

protection for the public. The class location system requires companies

to identify areas where more people are at risk if an incident occurs.

The immediate response identification concept is unnecessary and

inappropriate for gas pipelines, since higher risk areas are already

identified by existing class location requirements. Also, gas

distribution companies are located in developed areas and it would be

difficult to identify locations not requiring immediate response.

Accordingly, based on the comments received, and the reasoning

stated above, proposed Secs. 192.605(b) (5) and (6) are removed from

this rulemaking.

Comments on Starting and Shutting Down Pipelines, Compressor

Stations, and Compressors (Proposed Secs. 192.605(b) (7), (8), and

(9)): RSPA received 17 comments on proposed Secs. 192.605(b) (7), (8),

and (9) which would require that operators have written procedures

relative to the startup and shutdown of pipelines and compressor

stations and maintenance of compressor stations. All who commented on

the proposals, including a state agency, opposed or recommended

revision of the proposed rules. Several operators objected to proposed

Sec. 192.605(b)(7) because existing regulations, Secs. 192.195,

192.199, 192.201, 192.731, 192.739, and 192.743, require that

overpressure protection equipment be installed and working properly.

These standards prevent the maximum allowable operating pressure (MAOP)

from being exceeded due to pressure control failure, or during startup

operations.

Five of those commenting suggested that distribution systems are

not started up or shut down in the manner they inferred from the

proposal since many systems do not have compressor stations. Others

commented that proposed Secs. 192.605(b)(7) and 192.605(b)(9) are

virtually the same since starting up and shutting down a pipeline is

synonymous with starting up and shutting down compressor units. Several

contended that procedures for operating compressors should be posted at

the unit, and do not belong in a manual. Others stated that the

rulemaking should be limited to transmission systems, and not apply to

distribution systems.

Response: RSPA believes that specific written procedures are

essential for the safe operation of a system as complex as a gas

pipeline. This view was addressed previously in the discussion on

Standards. The existing regulations, Secs. 192.195, 192.199, 192.201,

192.731, 192.739, and 192.743, are safety standards related to the

design and maintenance of relief devices to prevent overpressuring of

gas pipelines. Proposed Secs. 192.605(b) (7), (8), and (9) would

require written procedures to follow when operating these devices.

RSPA understands that some distribution systems do not have

compressors. If a system does not have compressors, it does not need

compressor start up and shut down procedures.

Also, we agree with the commenters who stated that specific

procedures for operating individual compressors should be posted at the

engine control panel for each unit. RSPA understands that operating

procedures vary from compressor to compressor, depending upon the type

and model of compressor. Therefore, the final rule requires that the

manual contain specific procedures regarding safety and operation that

are applicable to the compressor being used. Proposed Secs. 192.605(b)

(8) and (9) are merely recodification of existing Secs. 192.733 and

192.729, respectively. Proposed Secs. 192.605(b) (7), (8) and (9) are

adopted as final Secs. 192.605(b) (5), (6) and (7), respectively.

Comments on Review of Operator Personnel (Proposed

Sec. 192.605(b)(10)): Three industry associations and 16 gas pipeline

operators disagreed with proposed Sec. 192.605(b)(10). In this section,

RSPA proposed that gas operators establish procedures to review

periodically the work personnel do under normal O&M procedures to see

if those procedures are effective, and to correct those procedures

found deficient. Six of those commenting recommended that this proposed

rule be removed since training and qualification of personnel is the

topic of another rulemaking (Pipeline Operator Qualifications; 52 FR

9189, March 23, 1987). Five commenters stated that O&M manuals are a

reference for trained employees and should not be used as a training

manual, which should be more detailed and job specific. Four commenters

stated that ``periodically'' is vague and needs further clarification.

Response: Like existing Sec. 195.402(c)(13), RSPA intended that gas

operators periodically review their O&M procedures and correct any

deficiencies found in those procedures. The O&M manual prescribes

actions that trained employees must follow to do specific tasks. In

many cases a manual must describe those actions in detail to assure

that personnel perform functions completely and correctly. Personnel

are trained and tested to carry out the procedures which the manual

prescribes.

RSPA did not intend this provision to further compel correction of

deficiencies in the knowledge and skills of personnel to carry out the

procedures. That requirement will be included in a separate regulation

(See Pipeline Operator Qualifications; 52 FR 9189, March 23, 1987). No

commenter disagreed with the fundamental purpose of the proposal.

The regulation requires periodic review to allow operators

flexibility in setting the intervals between reviews of their O&M

procedures. As circumstances and job functions vary among operators, so

would the frequency at which procedures are reviewed. RSPA requires

that each operator's O&M procedures specify the time between reviews or

the circumstances that dictate a review in implementing proposed

Sec. 192.605(b)(10). Section 192.605(b)(10) has been rewritten to

reflect these concerns and has been adopted as final

Sec. 192.605(b)(8).

Comments on Operating Pressures for Class Location (Proposed

Sec. 192.605(b)(11)): In the NPRM, RSPA proposed to transfer the

existing Sec. 192.605(e) to this section. Existing Sec. 192.605(e)

requires gas operators to establish procedures for periodic inspections

of operating pressures to see that they conform to class locations.

Nine gas companies objected to proposed Sec. 192.605(b)(11), stating

that it is redundant or unnecessary.

Response: Commenters correctly pointed out that proposed

Sec. 192.605(b)(11) would duplicate proposed Sec. 192.605(b)(1) and

existing Secs. 192.609, 192.611 and 192.613. Each of these sections

requires operators to take some form of action to conform their

pipeline operations to the proper class location. Accordingly, proposed

Sec. 192.605(b)(11) has not been adopted.

Comments on Personnel Safety in Trenches (Proposed

Sec. 192.605(b)(12) and 195.402(b)(14)): Three industry associations

and 20 gas operators recommended revision of proposed

Secs. 192.605(b)(12) and 195.402(b)(14). RSPA proposed that operators

have written procedures for using precautions, and equipment to protect

personnel, in excavated trenches from hazardous accumulations of vapor

or gas. Most of the commenters stated that the proposed standard is too

specific, and should be rewritten in general performance language

covering excavation as well as other O&M safety tasks.

Most of the commenters expressed concern that RSPA and Occupational

Safety and Health Administration (OSHA) rules will overlap and that

they will be required to comply with duplicate regulatory requirements.

Response: Expansion and rewriting of the rule in general

performance language to extend to O&M safety related tasks other than

safety during excavation would exceed the scope of the proposal. The

proposal was limited to protecting personnel in trenches from hazardous

vapors or gas. Proposed Secs. 192.605(b)(12) and 195.402(b)(14) are

adopted as final Secs. 192.605(b)(9) and 195.402(c)(14), respectively.

With regard to the potential overlap with OSHA rules, Section

4(b)(1) of the OSHA Act prohibits OSHA from exercising authority over

working conditions when another agency exercises authority through

regulation.

Comments on Testing of Pipe-Type and Bottle-Type Holders (Proposed

Sec. 192.605(b)(13) (i), (ii), and (iii): There were no substantive

comments concerning proposed Secs. 192.605(b)(13) (i), (ii), or (iii)

and these standards are adopted as Secs. 192.605(b)(10)(i), (ii), and

(iii), respectively.

Comments on Abnormal Operation (Proposed Sec. 192.605(c)): Two

industry associations and 18 companies commented on proposed

Sec. 192.605(c) which sets forth items to be included in procedures for

handling abnormal operations on gas transmission lines. All those

commenting recommended that RSPA withdraw or revise the proposed rule.

The most common reason given for changing the rule is that the proposed

requirements duplicate existing Sec. 192.615, Emergency Plans. The

commenters said they interpret any abnormal condition as an emergency

until the condition is resolved or eliminated. One state,

Massachusetts, said that Secs. 192.605(a) and 192.605(c) should not be

restricted to transmission lines but should apply to distribution lines

as well.

Four of the commenters objected to usage of ``operating design

limits'' when the term has not been defined. They questioned if

``operating design limits'' is the same as or different from MAOP,

which is defined in the regulations and understood in the gas pipeline

industry.

Response: The proposed rule does not duplicate Sec. 192.615.

Abnormal conditions and emergency conditions are not equivalent.

Abnormal conditions occur when operating design limits have been

exceeded due to a pressure, flow rate, or temperature change outside

the limits of normal conditions. As an example, for pressure surges, an

abnormal condition would exist in a pipeline when pressure exceeds the

MAOP but is within the differential allowed to activate pressure

relieving and limiting equipment (see Sec. 192.201). Abnormal

conditions are less severe, but could escalate to emergency conditions

if not promptly corrected. Abnormal conditions do not pose as immediate

a threat to life or property as do emergency conditions. Any

transmission line operator that chooses to treat abnormal conditions as

emergency conditions still must comply with Sec. 192.605(c).

Distribution system operators are not required to prepare a manual

for abnormal conditions because they normally operate distribution

pipelines at lower pressures than transmission pipelines. Also, due to

the dangers involved in operating in populated areas, most unusual

operating conditions would be considered by the distribution system

operator to be an emergency until the condition is resolved or

corrected.

Threatening events such as the presence of gas in a building, a

fire near a pipeline, or an explosion near a pipeline constitute

emergency conditions. Sections 192.605(c)(1) (i) through (v) are

adopted as proposed.

Comments on Checking Variations from Normal Operation after

Abnormal Operation has ended (Proposed Sec. 192.605(c)(2)): There were

no substantive comments regarding proposed Sec. 192.605(c)(2) and this

section is adopted as proposed.

Comments on Responsible Operator Personnel (Proposed

Sec. 192.605(c)(3)): Two operators stated that the meaning of

``responsible operator personnel'' in proposed Sec. 192.605(c)(3) is

unclear and should be clarified or changed.

Response: When considering ``responsible operator personnel,''

responsible means a person the company expects to be answerable or

accountable for O&M of the pipeline. Responsible and accountable are

synonymous for purposes of this rule. Because RSPA has had the

opportunity to clarify our intent in the preamble to this final rule,

proposed Sec. 192.605(c)(3) is adopted as proposed.

Comments on Periodic Review of Personnel Response to Abnormal

Operations (Proposed Sec. 192.605(c)(4): Five operators opposed or

recommended revision of proposed Sec. 192.605(c)(4), which proposed

periodic review of responses by personnel to abnormal operations in

order to determine the effectiveness of procedures for handling

abnormal operations. In lieu of the proposed periodic review, the

commenters instead recommended review of each abnormal operation and

taking appropriate action when deficiencies are found.

Response: RSPA encourages operators to correct deficiencies in

procedures when recognized. The company should not wait for a periodic

review to correct such deficiencies. However, RSPA did not propose to

require operators to review each response to an abnormal operation.

This would be unnecessarily more stringent than the proposed rule. For

this reason, the final rule retains the term periodic. Final

Sec. 192.605(c)(4) is adopted as proposed.

Comments on Safety-Related Condition Reports (Proposed

Sec. 192.605(d): RSPA received no substantive comments regarding

proposed Sec. 192.605(d) and this section is retained as proposed.

Comments on Surveillance, Emergency Response, and Accident

Investigation (Proposed Sec. 192.605(e)): Six of the seven operators

commenting opposed proposed Sec. 192.605(e) which would require

procedures required by other sections in Part 192 concerning

surveillance, emergency response, and accident investigation to be

included in the O&M manual. They argued that the emergency plan should

be separate from the O&M manual since emergency procedures differ from

normal operations. One company stated that its emergency plan is ``kept

in a separate, readily identifiable binder and all appropriate foremen,

supervisors and managers who would respond to an emergency have

personal copies which are kept in their offices, homes and company

vehicles. O&M manuals are normally available only at work locations

where employees are present 40 hours a week.''

Response: RSPA believes that the procedures discussing

surveillance, emergency response and accident investigation should be

part of an O&M manual. When part 192 requires procedures for these

subjects, it is easier to find and review them when they are located

together at one place. The cross-referencing described previously would

allow an operator to distribute separate volumes describing emergency

procedures as needed. Nevertheless, the emergency procedures also must

be included in the O&M manual. The final rule is adopted as proposed.

Comments on Redesignation, Amendment, Leakage Surveys, Abandonment

or Deactivation of Facilities, and Removals: (Proposed changes to

Secs. 192.615, 192.706, 192.723, 192.727, 192.729, 192.733 and

192.737): There were no substantive comments concerning proposed

changes to Secs. 192.615, 192.706, 192.723, 192.727, 192.729, 192.733

and 192.737 and these changes are adopted as proposed.

RSPA Comment on Effective Date: RSPA believes that most operators

will be able to assemble the cross-referenced manual promptly. However,

others may require additional time to assemble the information and

procedures required in this rulemaking. RSPA, therefore, is allowing a

one-year period to complete the manual. However, Secs. 192.605(b)(9)

and 195.402(c)(14) become effective 30 days after publication in the

Federal Register since most operators already have the procedures and

equipment necessary to comply with the rule.

Advisory Committee Reviews

Section 4(b) of the Natural Gas Pipeline Safety Act of 1968, as

amended (49 U.S.C. 1673(b)), and section 204(b) of the Hazardous Liquid

Pipeline Safety Act of 1979, as amended (Pub. L. 97-468, January 14,

1983), each contain similar requirements that proposed amendments to a

safety standard established under the statute be submitted to a 15-

member advisory committee for consideration.

The Technical Pipeline Safety Standards Committee, comprised of

members knowledgeable about transportation of gas by pipeline,

discussed and approved the gas rule changes by an 8 to 3 margin at a

meeting held September 13, 1988. In like manner, the Technical

Hazardous Liquid Pipeline Safety Standards Committee, on September 14,

1989, approved the hazardous liquid rule change, 8 to 2. No changes

were recommended by either committee.

Rulemaking Analyses

E.O. 12866 and DOT Regulatory Policies and Procedures

This final rule is considered a significant regulatory action under

section 3(f) of Executive Order 12866 and, therefore, was subject to

review by the Office of Management and Budget. The rule is considered

significant under the regulatory policies and procedures of the

Department of Transportation (44 FR 11034) because of the significant

public and congressional interest following four pipeline failures in a

two year period which caused 10 deaths, 26 injuries and significant

property damage.

Regulatory Flexibility Act

Based on the comments received, I certify under Section 605 of the

Regulatory Flexibility Act (5 U.S.C. 605; September 19, 1980) that this

rule will not have a significant economic impact on a substantial

number of small entities.

E.O. 12612

We have analyzed this final rule under the criteria of Executive

Order 12612 (52 FR 41685, October 30, 1987). Four states, Connecticut,

Massachusetts, Missouri and Nevada responded to the NPRM. All supported

the rulemaking. However, Connecticut expressed concern that the

rulemaking intended to limit the authority of the state agency to

require an operator to amend its plans and procedures as necessary to

provide a reasonable level of safety. RSPA had no such intention. The

authority of a state to require an operator to amend its safety plans

and procedures is not diminished by this rulemaking. Accordingly, RSPA

finds that this final rule does not warrant preparation of a Federalism

Assessment.

Paperwork Reduction Act

The information and recordkeeping requirement associated with this

rule is being submitted to the Office of Management and Budget for

approval in accordance with 44 U.S.C. Chapter 35 under OMB Nos: 2137-

0047 and 2137-0049.

Administration: Research and Special Programs Administration;

Title: Operation and Maintenance Procedures for Pipelines; Need for

Information; Provides guidance for safety of personnel while operating

and maintaining pipelines; Proposed Use of Information: Assists

pipeline operator employees in the operation and maintenance of

pipelines; Frequency: Requires operator to review and update procedures

each calendar year; Burden estimate: 240,000 hours in first year, small

requirement in succeeding years dependent on need to update;

Respondents: 54,300 operators including master meter operators; Forms:

none; Average Burden Hours per Respondent: 4.4.

RSPA received several comments on paperwork. A few commenters

asserted that it is unnecessary to promulgate parallel rules applicable

to gas and liquid operations because the physical properties of the

products differ. However, RSPA believes that the O&M similarities

vastly outnumber the differences and that compliance is enhanced by

making the two regulations reasonably similar while recognizing the

technical distinctions between gas and liquid pipelines. Furthermore,

other commenters said paperwork should be better managed. RSPA agrees

and allows operators to keep O&M procedures in paper or electronic

files depending on the needs of the operator. The ultimate need to keep

the paperwork is to require companies to maintain a sufficient amount

of reliable information to reduce the likelihood of failures and

casualties.

List of Subjects

49 CFR Part 192

Emergency, Maintenance, Operations, Pipeline safety, Reporting and

recordkeeping requirements.

49 CFR Part 195

Emergency, Maintenance, Operations, Pipeline safety, Reporting and

recordkeeping requirements.

In consideration of the foregoing, parts 192 and 195 are amended to

read as follows:

PART 192--[AMENDED]

1. The authority citation for part 192 continues to read as

follows:

Authority: 49 App. U.S.C. 1672 and 1804; and 49 CFR 1.53.

2. Section 192.453 is revised to read as follows:

Sec. 192.453 General.

The corrosion control procedures required by Sec. 192.605(b)(2),

including those for the design, installation, operation, and

maintenance of cathodic protection systems, must be carried out by, or

under the direction of, a person qualified in pipeline corrosion

control methods.

3. Section 192.603(b) is revised to read as follows:

Sec. 192.603 General provisions.

* * * * *

(b) Each operator shall keep records necessary to administer the

procedures established under Sec. 192.605.

* * * * *

4. Section 192.605 is revised to read as follows:

Sec. 192.605 Procedural manual for operations, maintenance, and

emergencies.

(a) General. Each operator shall prepare and follow for each

pipeline, a manual of written procedures for conducting operations and

maintenance activities and for emergency response. For transmission

lines, the manual must also include procedures for handling abnormal

operations. This manual must be reviewed and updated by the operator at

intervals not exceeding 15 months, but at least once each calendar

year. This manual must be prepared before operations of a pipeline

system commence. Appropriate parts of the manual must be kept at

locations where operations and maintenance activities are conducted.

(b) Maintenance and normal operations. The manual required by

paragraph (a) of this section must include procedures for the following

to provide safety during maintenance and operations:

(1) Operating, maintaining, and repairing the pipeline in

accordance with each of the requirements of this subpart and subpart M

of this part.

(2) Controlling corrosion in accordance with the operations and

maintenance requirements of subpart I of this part.

(3) Making construction records, maps, and operating history

available to appropriate operating personnel.

(4) Gathering of data needed for reporting incidents under Part 191

of this chapter in a timely and effective manner.

(5) Starting up and shutting down any part of the pipeline in a

manner designed to assure operation within the MAOP limits prescribed

by this part, plus the build-up allowed for operation of pressure-

limiting and control devices.

(6) Maintaining compressor stations, including provisions for

isolating units or sections of pipe and for purging before returning to

service.

(7) Starting, operating and shutting down gas compressor units.

(8) Periodically reviewing the work done by operator personnel to

determine the effectiveness, and adequacy of the procedures used in

normal operation and maintenance and modifying the procedures when

deficiencies are found.

(9) Taking adequate precautions in excavated trenches to protect

personnel from the hazards of unsafe accumulations of vapor or gas, and

making available when needed at the excavation, emergency rescue

equipment, including a breathing apparatus and, a rescue harness and

line.

(10) Systematic and routine testing and inspection of pipe-type or

bottle-type holders including--

(i) Provision for detecting external corrosion before the strength

of the container has been impaired;

(ii) Periodic sampling and testing of gas in storage to determine

the dew point of vapors contained in the stored gas which, if

condensed, might cause internal corrosion or interfere with the safe

operation of the storage plant; and

(iii) Periodic inspection and testing of pressure limiting

equipment to determine that it is in safe operating condition and has

adequate capacity.

(c) Abnormal operation. For transmission lines, the manual required

by paragraph (a) of this section must include procedures for the

following to provide safety when operating design limits have been

exceeded:

(1) Responding to, investigating, and correcting the cause of:

(i) Unintended closure of valves or shutdowns;

(ii) Increase or decrease in pressure or flow rate outside normal

operating limits;

(iii) Loss of communications;

(iv) Operation of any safety device; and

(v) Any other malfunction of a component, deviation from normal

operation, or personnel error which may result in a hazard to persons

or property.

(2) Checking variations from normal operation after abnormal

operation has ended at sufficient critical locations in the system to

determine continued integrity and safe operation.

(3) Notifying responsible operator personnel when notice of an

abnormal operation is received.

(4) Periodically reviewing the response of operator personnel to

determine the effectiveness of the procedures controlling abnormal

operation and taking corrective action where deficiencies are found.

(d) Safety-related condition reports. The manual required by

paragraph (a) of this section must include instructions enabling

personnel who perform operation and maintenance activities to recognize

conditions that potentially may be safety-related conditions that are

subject to the reporting requirements of Sec. 191.23 of this

subchapter.

(e) Surveillance, emergency response, and accident investigation.

The procedures required by Secs. 192.613(a), 192.615, and 192.617 must

be included in the manual required by paragraph (a) of this section.

Sec. 192.616 [Redesignated from Sec. 192.615(d)]

5. Section 192.615(d) is redesignated as Sec. 192.616 Public

education and the paragraph designation is removed.

Sec. 192.706 [Amended]

6. In Sec. 192.706, paragraph (a) is removed, the introductory text

of paragraph (b) is redesignated as the introductory text of the

section, and paragraphs (b)(1) and (b)(2) are redesignated paragraphs

(a) and (b), respectively.

7. In Sec. 192.723, the section heading and paragraph (a) are

revised to read as follows:

Sec. 192.723 Distribution systems: Leakage surveys.

(a) Each operator of a distribution system shall conduct periodic

leakage surveys in accordance with this section.

* * * * *

8. In Sec. 192.727, the section heading and paragraph (a) are

revised to read as follows:

Sec. 192.727 Abandonment or deactivation of facilities.

(a) Each operator shall conduct abandonment or deactivation of

pipelines in accordance with the requirements of this section.

* * * * *

Sec. 192.729 [Removed]

9. Section 192.729 is removed.

Sec. 192.733 [Removed]

10. Section 192.733 is removed.

Sec. 192.737 [Removed]

11. Section 192.737 is removed.

PART 195--[AMENDED]

The authority citation for part 195 continues to read as follows:

Authority: 49 App. U.S.C. 2002; 49 CFR 1.53.

12. In Sec. 195.402, a new paragraph (c)(14) is added to read as

follows:

Sec. 195.402 Procedural manual for operations, maintenance, and

emergencies.

* * * * *

(c) * * *

(14) Taking adequate precautions in excavated trenches to protect

personnel from the hazards of unsafe accumulations of vapor or gas, and

making available when needed at the excavation, emergency rescue

equipment, including a breathing apparatus and, a rescue harness and

line.

* * * * *

Issued in Washington, DC on February 4, 1994.

Rose A. McMurray,

Acting Administrator Research and Special Programs Administration.

[FR Doc. 94-3186 Filed 2-10-94; 8:45 am]

BILLING CODE 4910-60-P