Pipeline Safety Program Procedures; Update and Corrections

Federal RegisterApr 26, 1996

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 190, 191, 192, 193, 195, 198, and 199

[Docket No. PS 145; Amdt Nos. 190-6; 191-10; 192-74; 193-10; 195-55;

198-2; 199-13]

RIN 2137-AC79

Pipeline Safety Program Procedures; Update and Corrections

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

ACTION: Final rule; correcting amendments.

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SUMMARY: In response to the President's Regulatory Reinvention

Initiative, this rulemaking updates and corrects pipeline safety

program procedures by amending nomenclature, addresses, amendment

summaries, typographical errors, and penalty amounts. These editorial

amendments impose no new procedural requirements.

EFFECTIVE DATE: April 26, 1996.

FOR FURTHER INFORMATION CONTACT: L.E. Herrick at 202-366-5523 or online

at [email protected].

SUPPLEMENTARY INFORMATION:

Background

In a memorandum dated March 4, 1995, the President provided

direction to the heads of Departments and Agencies on carrying out his

regulatory reform initiative for reinventing the government. As part of

this initiative, RSPA reviewed existing pipeline safety regulations and

identified those that are outdated or in need of reform. RSPA also

conducted public outreach meetings to discuss the pipeline safety

program. A theme of this process and an issue often raised during the

course of the outreach meetings and other recent public contacts is the

need to keep existing regulation updated. As a result, RSPA reviewed

its pipeline safety program procedures, 49 CFR parts 190-199 and

identified numerous instances in which these regulations were not up to

date. These discrepancies include titles, addresses, amendment

summaries, typographical errors and statutory citations. For example,

references to the Natural Gas Pipeline Safety Act and the Hazardous

Liquid Pipeline Safety Act have been deleted and replaced with

references to Public Law 103-272. Enacted on July 5, 1994, Public Law

103-272 revised, codified, and enacted the provisions of those Acts

without substantive change as Chapter 601 of Title 49, United States

Code. This amendment makes those corrections.

In addition, unnecessary gender specific terms have been changed to

gender neutral terms and other minor corrections have been made. Since

these amendments do not impose new requirements, notice and public

procedure are unnecessary.

Rulemaking Analysis and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is not considered a significant regulatory action

under section 3(f) of Executive Order 12866 and, therefore, was not

subject to review by the Office of Management and Budget. This rule is

not significant according to the Regulatory Policies and Procedures of

the Department of Transportation (44 FR 11034). This final rule does

not require a Regulatory Impact Analysis, or a regulatory evaluation or

an environmental assessment or impact statement under the National

Environmental Policy Act (42 U.S.C. 4321 et seq.).

Executive Order 12612

This final rule has been analyzed in accordance with the principles

and criteria in Executive Order 12612 (``Federalism'') and does not

have sufficient federalism impacts to warrant the preparation of a

federalism assessment.

Regulatory Flexibility Act

I certify that this rule will not have a significant economic

impact on a substantial number of small entities. This rule makes minor

corrections which will not impose any new requirements on persons

subject to the Pipeline Safety Regulations; thus, there are no direct

or indirect adverse economic impacts for small units of government,

businesses, or other organizations.

Paperwork Reduction Act

There are no new information collection requirements in this final

rule.

Lists of Subjects

49 CFR Part 190

Administrative practice and procedure, Penalties, Pipeline safety.

49 CFR Part 191

Pipeline safety, Reporting and recordkeeping requirements.

49 CFR Part 192

Pipeline safety, Reporting and recordkeeping requirements.

49 CFR Part 193

Fire prevention, Pipeline safety, Reporting and recordkeeping

requirements, Security measures.

49 CFR Part 195

Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety,

Reporting and recordkeeping requirements.

49 CFR Part 198

Grant programs, Formula, Pipeline safety.

49 CFR Part 199

Alcohol testing, Drug testing, Pipeline safety, Reporting and

recordkeeping requirements.

Accordingly, 49 CFR parts 190, 191, 192, 193, 195, 198, and 199 are

corrected by making the following amendments:

PART 190--[AMENDED]

1. The authority citation for part 190 is revised to read as

follows:

Authority: 49 U.S.C. 5123, 60108, 60112, 60117, 60118, 60120,

60122, and 60123; and 49 CFR 1.53.

2. Section 190.1 is amended by revising paragraph (a) to read as

follows:

Sec. 190.1 Purpose and scope.

(a) This part prescribes procedures used by the Research and

Special Programs Administration in carrying out duties regarding

pipeline safety under 49 U.S.C. 60101 et seq. (the pipeline safety

laws) and 49 U.S.C. 5101 et seq. (the hazardous material transportation

laws).

* * * * *

3. Section 190.3 is revised to read as follows:

[[Page 18513]]

Sec. 190.3 Definitions.

As used in this part:

Hearing means an informal conference or a proceeding for oral

presentation. Unless otherwise specifically prescribed in this part,

the use of ``hearing'' is not intended to require a hearing on the

record in accordance with section 554 of title 5, U.S.C.

OPS means the Office of Pipeline Safety, which is part of the

Research and Special Programs Administration, U.S. Department of

Transportation.

Person means any individual, firm, joint venture, partnership,

corporation, association, State, municipality, cooperative association,

or joint stock association, and includes any trustee, receiver,

assignee, or personal representative thereof.

Presiding Official means the person who conducts any hearing

relating to civil penalty assessments, compliance orders or hazardous

facility orders.

Regional Director means the head of any one of the Regional Offices

of the Office of Pipeline Safety, or a designee appointed by the

Regional Director. Regional Offices are located in Washington, DC

(Eastern Region); Atlanta, Georgia (Southern Region); Kansas City,

Missouri (Central Region); Houston, Texas (Southwest Region); and

Lakewood, Colorado (Western Region).

Respondent means a person upon whom the OPS has served a notice of

probable violation.

RSPA means the Research and Special Programs Administration of the

United States Department of Transportation.

State means a State of the United States, the District of Columbia

and the Commonwealth of Puerto Rico.

4. Section 190.7 is amended by revising paragraphs (d) and (i),

introductory text, to read as follows:

Sec. 190.7 Subpoenas; witness fees.

* * * * *

(d) Service of a subpoena upon the person named therein shall be

made by delivering a copy of the subpoena to such person and by

tendering the fees for one day's attendance and mileage as specified by

paragraph (g) of this section. When a subpoena is issued at the

instance of any officer or agency of the United States, fees and

mileage need not be tendered at the time of service. Delivery of a copy

of a subpoena and tender of the fees to a natural person may be made by

handing them to the person, leaving them at the person's office with

the person in charge thereof, leaving them at the person's dwelling

place or usual place of abode with some person of suitable age and

discretion then residing therein, by mailing them by registered or

certified mail to the person at the last known address, or by any

method whereby actual notice is given to the person and the fees are

made available prior to the return date.

* * * * *

(i) Any person to whom a subpoena is directed may, prior to the

time specified therein for compliance, but in no event more than 10

days after the date of service of such subpoena, apply to the official

who issued the subpoena, or if the person is unavailable, to the

Administrator, RSPA to quash or modify the subpoena. The application

shall contain a brief statement of the reasons relied upon in support

of the action sought therein. The Administrator, RSPA, or this issuing

official, as the case may be, may:

* * * * *

5. Section 190.9 is amended by revising paragraph (b)(1)(i) to read

as follows:

Sec. 190.9 Petitions for finding or approval.

* * * * *

(b) * * *

(1) * * *

(i) The State agency certified to participate under 49 U.S.C.

60105.

* * * * *

6. Section 190.201 is amended by revising paragraph (a) to read as

follows:

Sec. 190.201 Purpose and scope.

(a) This subpart describes the enforcement authority and sanctions

exercised by the Associate Administrator, OPS for achieving and

maintaining pipeline safety. It also prescribes the procedures

governing the exercise of that authority and the imposition of those

sanctions.

* * * * *

7. Section 190.203 is amended by revising paragraphs (a), (b)(1),

(b)(4), and (d) to read as follows:

Sec. 190.203 Inspections.

(a) Officers, employees, or agents authorized by the Associate

Administrator, OPS upon presenting appropriate credentials, are

authorized to enter upon, inspect, and examine, at reasonable times and

in a reasonable manner, the records and properties of persons to the

extent such records and properties are relevant to determining the

compliance of such persons with the requirements of 49 U.S.C. 60101 et

seq. or regulations, or orders issued thereunder.

(b) * * *

(1) Routine scheduling by the Regional Director of the Region in

which the facility is located;

* * * * *

(4) Report from a State Agency participating in the Federal Program

under 49 U.S.C. 60105;

* * * * *

(d) To the extent necessary to carry out the responsibilities under

49 U.S.C. 60101 et seq., the Administrator, RSPA or the Associate

Administrator, OPS may require testing of portions of pipeline

facilities that have been involved in, or affected by, an accident.

However, before exercising this authority, the Administrator, RSPA or

the Associate Administrator, OPS shall make every effort to negotiate a

mutually acceptable plan with the owner of those facilities and, where

appropriate, the National Transportation Safety Board for performing

the testing.

* * * * *

8. Section 190.205 is revised to read as follows:

Sec. 190.205 Warning letters.

Upon determining that a probable violation of 49 U.S.C. 60101 et

seq. or any regulation or order issued thereunder has occurred, the

Associate Administrator, OPS may issue a Warning Letter notifying the

owner or operator of the probable violation and advising the operator

to correct it or be subject to enforcement action under Secs. 190.207

through 190.235.

9. Section 190.207 is amended by revising paragraphs (a) and (c) to

read as follows:

Sec. 190.207 Notice of probable violation.

(a) Except as otherwise provided by this subpart, a Regional

Director begins an enforcement proceeding by serving a notice of

probable violation on a person charging that person with a probable

violation of 49 U.S.C. 60101 et seq. or any regulation or order issued

thereunder.

* * * * *

violation at any time prior to issuance of a final order under

Sec. 190.213. If an amendment includes any new material allegations of

fact or proposes an increased civil penalty amount or new or additional

remedial action under Sec. 190.217, the respondent shall have the

opportunity to respond under Sec. 190.209.

10. Section 190.209 is amended by revising the introductory text

and paragraphs (c) and (d) to read as follows:

Sec. 190.209 Response options.

Within 30 days of receipt of a notice of probable violation the

respondent shall respond to the Regional Director who issued the notice

in the following way:

* * * * *

[[Page 18514]]

made by submitting a check or money order for the amount offered to the

Regional Director who forwards the offer to the Associate

Administrator, OPS for action. If the offer in compromise is accepted

by the Associate Administrator, OPS the respondent is notified in

writing that the acceptance is in full settlement of the civil penalty

action. If an offer in compromise submitted under paragraph (a) of this

section is rejected by the Associate Administrator, OPS it is returned

to the respondent with written notification. Within 10 days of receipt

of such notification, the respondent shall again respond to the

Regional Director in one or more of the ways provided in paragraph (a)

of this section.

(d) Failure of the respondent to respond in accordance with

paragraph (a) of this section or, when applicable, paragraph (c) of

this section, constitutes a waiver of the right to contest the

allegations in the notice of probable violation and authorizes the

Associate Administrator, OPS, without further notice to the respondent,

to find facts to be as alleged in the notice of probable violation and

to issue a final order under Sec. 190.213.

11. Section 190.211 is amended by revising paragraphs (a), (b),

(d), and (j) to read as follows:

Sec. 190.211 Hearing.

(a) A request for a hearing provided for in this part must be

accompanied by a statement of the issues that the respondent intends to

raise at the hearing. The issues may relate to the allegations in the

notice, the proposed corrective action (including a proposed amendment,

a proposed compliance order, or a proposed hazardous facility order),

or the proposed civil penalty amount. A respondent's failure to specify

an issue may result in waiver of the respondent's right to raise that

issue at the hearing. The respondent's request must also indicate

whether or not the respondent will be represented by counsel at the

hearing.

(b) In such circumstances as deemed appropriate by the Regional

Director, and only if the respondent concurs, a telephone conference

may be held in lieu of a hearing.

* * * * *

(d) The hearing is conducted informally without strict adherence to

rules of evidence. The respondent may submit any relevant information

and material and call witnesses on the respondent's behalf. The

respondent may also examine the evidence and witnesses presented by the

government. No detailed record of a hearing is prepared.

* * * * *

(j) After submission of all materials during and after the hearing,

the presiding official shall prepare a written recommendation as to

final action in the case. This recommendation, along with any material

submitted during and after the hearing, shall be included in the case

file which is forwarded to the Associate Administrator, OPS for final

administrative action.

12. Section 190.213 is amended by revising paragraph (a), (b)(4),

(c), introductory text, and (e) to read as follows:

Sec. 190.213 Final order.

(a) After a hearing under Sec. 190.211 or, if no hearing has been

held, after expiration of the 30 day response period prescribed in

Sec. 190.209, the case file of an enforcement proceeding commenced

under Sec. 190.207 is forwarded to the Associate Administrator, OPS for

issuance of a final order.

(b) * * *

(4) The Regional Director's evaluation of response material

submitted by the respondent and recommendation for final action to be

taken under this section; and

* * * * *

this section, the Associate Administrator, OPS shall issue a final

order that includes--

* * * * *

(e) It is the policy of the Associate Administrator, OPS to issue a

final order under this section within 45 days of receipt of the case

file, unless it is found impracticable to take action within that time.

In cases where it is so found and the delay beyond that period is

expected to be substantial, notice of that fact and the date by which

it is expected that action will be taken is issued to the respondent.

13. Sections 190.215 is revised to read as follows:

Sec. 190.215 Petitions for reconsideration.

(a) A respondent may petition the Associate Administrator, OPS for

reconsideration of a final order issued under Sec. 190.213. It is

requested, but not required, that three copies be submitted. The

petition must be received no later than 20 days after service of the

final order upon the respondent. Petitions received after that time

will not be considered. The petition must contain a brief statement of

the complaint and an explanation as to why the effectiveness of the

final order should be stayed.

(b) If the respondent requests the consideration of additional

facts or arguments, the respondent must submit the reasons they were

not presented prior to issuance of the final order.

information, arguments, or petitions.

(d) Unless the Associate Administrator, OPS otherwise provides, the

filing of a petition under this section does not stay the effectiveness

of the final order.

(e) The Associate Administrator, OPS may grant or deny, in whole or

in part, any petition for reconsideration without further proceedings.

In the event the Associate Administrator, OPS reconsiders a final

order, a final decision on reconsideration may be issued without

further proceedings, or, in the alternative, additional information,

data, and comment may be requested by the Associate Administrator, OPS

as deemed appropriate.

(f) It is the policy of the Associate Administrator, OPS to issue

notice of the action taken on a petition for reconsideration within 20

days after receipt of the petition, unless it is found impracticable to

take action within that time. In cases where it is so found and delay

beyond that period is expected to be substantial, notice of that fact

and the date by which it is expected that action will be taken is

issued to the respondent.

14. Section 190.217 is revised to read as follows:

Sec. 190.217 Compliance orders generally.

When the Associate Administrator, OPS has reason to believe that a

person is engaging in conduct which involves a violation of the 49

U.S.C. 60101 et seq. or any regulation issued thereunder, and if the

nature of the violation, and the public interest warrant, the Associate

Administrator, OPS may conduct proceedings under Secs. 190.207 through

190.213 of this part to determine the nature and extent of the

violations and to issue an order directing compliance.

15. Section 190.219 is amended by revising paragraph (a) to read as

follows:

Sec. 190.219 Consent order.

(a) At any time before the issuance of a compliance order under

Sec. 190.213 the Associate Administrator, OPS and the respondent may

agree to dispose of the case by joint execution of a consent order.

Upon such joint execution, the consent order shall be considered a

final order under Sec. 190.213.

* * * * *

16. Section 190.221 is revised to read as follows:

[[Page 18515]]

Sec. 190.221 Civil penalties generally.

When the Associate Administrator, OPS has reason to believe that a

person has committed an act which is a violation of any provision of

the 49 U.S.C. 60101 et seq. or any regulation or order issued

thereunder, proceedings under Secs. 190.207 through 190.213 may be

conducted to determine the nature and extent of the violations and to

assess and, if appropriate, compromise a civil penalty.

16a. Section 190.223 is amended by revising paragraphs (a), (b),

and (c) to read as follows:

Sec. 190.223 Maximum penalties.

(a) Any person who is determined to have violated a provision of 49

U.S.C. 60101 et seq. or any regulation or order issued thereunder, is

subject to a civil penalty not to exceed $10,000 for each violation for

each day the violation continues except that the maximum civil penalty

may not exceed $500,000 for any related series of violations.

(b) Any person who knowingly violates a regulation or order under

this subchapter applicable to offshore gas gathering lines issued under

the authority of 49 U.S.C. 5101 et seq is liable for a civil penalty of

not more than $25,000 for each violation, and if any such violation is

a continuing one, each day of violation constitutes a separate offense.

order under under 49 U.S.C. 60103 shall be subject to a civil penalty

of not to exceed $50,000, which penalty shall be in addition to any

other penalties to which such person may be subject under paragraph (a)

of this section.

* * * * *

17. Section 190.225, the introductory text, is revised to read as

follows:

Sec. 190.225 Assessment considerations.

The Associate Administrator, OPS assesses a civil penalty under

this part only after considering:

* * * * *

18. Section 190.227 is amended by revising paragraphs (c) and (d)

to read as follows:

Sec. 190.227 Payment of penalty.

* * * * *

assessing a civil penalty issued under Sec. 190.213, the respondent may

offer to compromise the assessed penalty by submitting, in the manner

required by paragraph (a) of this section, payment in the amount

offered. The Chief Counsel or designee may accept or reject the

compromise offer on behalf of the Associate Administrator, OPS. If it

is accepted, the respondent is notified in writing that the acceptance

is in full settlement of the civil penalty action. If the compromise

offer is rejected it will be returned to the respondent with written

notification. Within 20 days after the respondent's receipt of such

notification, payment of the full amount of the civil penalty assessed

in the final order becomes due. The provisions of paragraph (b) of this

section regarding district court or Federal magistrate court action for

penalty collection apply upon failure of the respondent to pay the

assessed penalty within that time period.

(d) If the respondent elects to make an offer in compromise to a

civil penalty proposed in a notice of probable violation issued under

Sec. 190.207, the respondent shall do so in accord with the procedures

of Sec. 190.209.

19. Section 190.229 is amended by revising paragraphs (a) through

(d) to read as follows:

Sec. 190.229 Criminal penalties generally.

(a) Any person who willfully and knowingly violates a provision of

49 U.S.C. 60101 et seq. or any regulation or order issued thereunder

shall upon conviction be subject for each offense to a fine of not more

than $25,000 and imprisonment for not more than five years, or both.

(b) Any person who willfully violates a regulation or order under

this subchapter issued under the authority of 49 U.S.C. 5101 et seq. as

applied to offshore gas gathering lines shall upon conviction be

subject for each offense to a fine of not more than $25,000,

imprisonment for a term not to exceed 5 years, or both.

attempts to injure or destroy, any interstate transmission facility or

any interstate pipeline facility (as those terms are defined in 49

U.S.C. 60101 et seq.) shall, upon conviction, be subject for each

offense to a fine of not more than $25,000, imprisonment for a term not

to exceed 15 years, or both.

(d) Any person who willfully and knowingly defaces, damages,

removes, destroys any pipeline sign, right-of-way marker, or marine

buoy required by 49 U.S.C. 60101 et seq. or 49 U.S.C. 5101 et seq., or

any regulation or order issued thereunder shall, upon conviction, be

subject for each offense to a fine of not more than $5,000,

imprisonment for a term not to exceed 1 year, or both.

* * * * *

20. Section 190.231 is revised to read as follows:

Sec. 190.231 Referral for prosecution.

If an employee of the Research and Special Programs Administration

becomes aware of any actual or possible activity subject to criminal

penalties under Sec. 190.229, the employee reports it to the Office of

the Chief Counsel, Research and Special Programs Administration, U.S.

Department of Transportation, Washington, DC 20590. The Chief Counsel

refers the report to OPS for investigation. Upon completion of the

investigation and if appropriate, the Chief Counsel refers the report

to the Department of Justice for criminal prosecution of the offender.

21. Section 190.233 is amended by revising paragraphs (a), (b),

(c)(2), (c)(4), (d), (e) introductory text, (e)(5), (g) and (h) to read

as follows:

Sec. 190.233 Hazardous facility orders.

(a) Except as provided by paragraph (b) of this section, if the

Associate Administrator, OPS finds, after reasonable notice and

opportunity for hearing in accord with paragraph (c) of this section,

and Sec. 190.211(a), a particular pipeline facility to be hazardous to

life or property, the Associate Administrator, OPS shall issue an order

pursuant to this section requiring the owner or operator of the

facility to take corrective action. Corrective action may include

suspended or restricted use of the facility, physical inspection,

testing, repair, replacement, or other action, as appropriate.

(b) The Associate Administrator, OPS may waive the requirement for

notice and hearing under paragraph (a) of this section before issuing

an order pursuant to this section when the Associate Administrator, OPS

determines that the failure to do so would result in the likelihood of

serious harm to life or property. However, the Associate Administrator,

OPS shall include in the order an opportunity for hearing as soon as

practicable after issuance of the order. The provisions of paragraph

(c)(2) of this section apply to an owner or operator's decision to

exercise such an opportunity for hearing. The purpose of such a post-

order hearing is for the Associate Administrator, OPS to determine

whether the order should remain in effect or be rescinded or suspended

in accord with paragraph (g) of this section.

(2) An owner or operator elects to exercise his opportunity for a

hearing under this section, by notifying the Associate Administrator,

OPS of that election in writing within 10 days of service of the notice

provided under paragraph (c)(1) of this section or, under

[[Page 18516]]

paragraph (b) of this section when applicable. Absence of such written

notification waives an owner or operator's opportunity for a hearing

and allows the Associate Administrator, OPS to proceed to issue a

``hazardous facility order'' in accordance with paragraphs (d) through

(h) of this section.

* * * * *

(4) Within 48 hours after conclusion of a hearing under this

section, the Presiding Official shall submit a recommendation to the

Associate Administrator, OPS as to whether or not a ``hazardous

facility order'' is required. Upon receipt of the recommendation, the

Associate Administrator, OPS shall proceed in accordance with

paragraphs (d) through (h) of this section. If the Associate

Administrator, OPS finds the facility to be hazardous to life or

property the Associate Administrator, OPS shall issue an order in

accordance with this section. If the Associate Administrator, OPS does

not find the facility to be hazardous to life or property, the

Associate Administrator, OPS shall dismiss the allegations contained in

the notice, and promptly notify the owner or operator in writing by

service as prescribed in Sec. 190.5.

(d) The Associate Administrator, OPS may find a pipeline facility

to be hazardous under paragraph (a) of this section:

(1) If under the facts and circumstances the Associate

Administrator, OPS determines the particular facility is hazardous to

life or property; or

(2) If the pipeline facility or a component thereof has been

constructed or operated with any equipment, material, or technique

which the Associate Administrator, OPS determines is hazardous to life

or property, unless the operator involved demonstrates to the

satisfaction of the Associate Administrator, OPS that, under the

particular facts and circumstances involved, such equipment, material,

or technique is not hazardous to life or property.

(e) In making a determination under paragraph (d) of this section,

the Associate Administrator, OPS shall consider, if relevant:

* * * * *

(5) Such other factors as the Associate Administrator, OPS may

consider appropriate.

* * * * *

(g) The Associate Administrator, OPS shall rescind or suspend a

hazardous facility order whenever the Associate Administrator, OPS

determines that the facility is no longer hazardous to life or

property. When appropriate, however, such a rescission or suspension

may be accompanied by a notice of probable violation issued under

Sec. 190.207.

(h) At any time after an order issued under this section has become

effective, the Associate Administrator, OPS may request the Attorney

General to bring an action for appropriate relief in accordance with

Sec. 190.235.

* * * * *

22. Section 190.235 is revised to read as follows:

Sec. 190.235 Injunctive action.

Whenever it appears to the Associate Administrator, OPS that a

person has engaged, is engaged, or is about to engage in any act or

practice constituting a violation of any provision of 49 U.S.C. 60101

et seq. or any regulations issued thereunder, the Administrator, RSPA,

or the person to whom the authority has been delegated, may request the

Attorney General to bring an action in the appropriate U.S. District

Court for such relief as is necessary or appropriate, including

mandatory or prohibitive injunctive relief, interim equitable relief,

and punitive damages as provided under 49 U.S.C. 60120 and 49 U.S.C.

5123.

23. Section 190.237 is amended by revising paragraph (a) to read as

follows:

Sec. 190.237 Amendment of plans or procedures.

(a) A Regional Director begins a proceeding to determine whether an

operator's plans or procedures required under parts 192, 193, 195, and

199 of this subchapter are inadequate to assure safe operation of a

pipeline facility by issuing a notice of amendment. The notice shall

provide an opportunity for a hearing under Sec. 190.211 of this part

and shall specify the alleged inadequacies and the proposed action for

revision of the plans or procedures. The notice shall allow the

operator 30 days after receipt of the notice to submit written comments

or request a hearing. After considering all material presented in

writing or at the hearing, the Associate Administrator, OPS shall

determine whether the plans or procedures are inadequate as alleged and

order the required amendment if they are inadequate, or withdraw the

notice if they are not. In determining the adequacy of an operator's

plans or procedures, the Associate Administrator, OPS shall consider:

* * * * *

PART 191--[AMENDED]

1. The authority citation for part 191 is revised to read as

follows:

Authority: 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117,

60118, and 60124; and 49 CFR 1.53.

2. Section 191.3 is amended by removing the definition of

Secretary, and adding the definition of Administrator to read as

follows:

Sec. 191.3 Definitions.

* * * * *

Administrator means the Administrator of the Research and Special

Programs Administration or any person to whom authority in the matter

concerned has been delegated by the Secretary of Transportation.

* * * * *

3. Section 191.19 is revised to read as follows:

Sec. 191.19 Report forms.

Copies of the prescribed report forms are available without charge

upon request from the address given in Sec. 191.7 Additional copies in

this prescribed format may be reproduced and used if in the same size

and kind of paper. In addition, the information required by these forms

may be submitted by any other means that is acceptable to the

Administrator.

4. Section 191.25 is amended by revising paragraph (a) to read as

follows:

Sec. 191.25 Filing safety-related condition reports.

(a) Each report of a safety-related condition under Sec. 191.23(a)

must be filed (received by the Associate Administrator, OPS) in writing

within five working days (not including Saturday, Sunday, or Federal

Holidays) after the day a representative of the operator first

determines that the condition exists, but not later than 10 working

days after the day a representative of the operator discovers the

condition. Separate conditions may be described in a single report if

they are closely related. Reports may be transmitted by facsimile at

(202) 366-7128.

* * * * *

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, and 60118; and 49 CFR 1.53.

2. Section 192.11 is amended by revising paragraph (b)(2) to read

as follows:

Sec. 192.11 Petroleum gas systems.

* * * * *

(b) * * *

[[Page 18517]]

(2) Below ground structures must have forced ventilation that will

prevent any accumulation of gas.

* * * * *

3. Section 192.227 is amended by revising paragraph (b)

introductory text, to read as follows:

Sec. 192.227 Qualification of welders.

* * * * *

(b) A welder may qualify to perform welding on pipe to be operated

at a pressure that produces a hoop stress of less than 20 percent of

SMYS by performing an acceptable test weld, for the process to be used,

under the test set forth in section I of appendix C to this part. A

welder who makes welded service line connections to mains must also

perform an acceptable test weld under section II of appendix C to this

part as part of the qualifying test. After initial qualification, a

welder may not perform welding unless:

* * * * *

4. Section 192.361 is amended by revising paragraph (f)(1) to read

as follows:

Sec. 192.361 Service lines: Installation

* * * * *

(f) * * *

(1) It must be encased in a gas tight conduit;

* * * * *

5. Section 192.367 is amended by revising paragraph (a) to read as

follows:

Sec. 192.367 Service lines: General requirements for connections to

main piping.

(a) Location. Each service line connection to a main must be

located at the top of the main or, if that is not practical, at the

side of the main, unless a suitable protective device is installed to

minimize the possibility of dust and moisture being carried from the

main into the service line.

* * * * *

6. Section 192.511 is amended by revising paragraph (a) to read as

follows:

Sec. 192.511 Test requirements for service lines.

(a) Each segment of a service line (other than plastic) must be

leak tested in accordance with this section before being placed in

service. If feasible, the service line connection to the main must be

included in the test; if not feasible, it must be given a leakage test

at the operating pressure when placed in service.

* * * * *

7. Section 192.603 is amended by revising paragraph (c) to read as

follows:

Sec. 192.603 General provisions.

* * * * *

current certification under the pipeline safety laws, (49 U.S.C. 60101

et seq.) with respect to the pipeline facility governed by an

operator's plans and procedures may, after notice and opportunity for

hearing as provided in 49 CFR 190.237 or the relevant State procedures,

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

provide a reasonable level of safety.

9. Section 192.623, the heading, is revised to read as follows:

Sec. 192.623 Maximum and minimum allowable operating pressure; Low-

pressure distribution systems.

* * * * *

PART 193--[AMENDED]

1. The authority citation for part 193 is revised to read as

follows:

Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,

60110, 60113, 60118; and 49 CFR 1.53.

2. Section 193.2001 is amended by revising paragraph (a) to read as

follows:

Sec. 193.2001 Scope of part.

(a) This part prescribes safety standards for LNG facilities used

in the transportation of gas by pipeline that is subject to the

pipeline safety laws (49 U.S.C. 60101 et seq.) and Part 192 of this

chapter.

* * * * *

3. Section 193.2007 is amended by revising the definition of

Administrator and the definition of g to read as follows:

Sec. 193.2007 Definitions.

* * * * *

Administrator means the Administrator of the Research and Special

Programs Administration or any person to whom authority in the matter

concerned has been delegated by the Secretary of Transportation.

* * * * *

g means the standard acceleration of gravity of 9.806 meters per

second\2\ (32.17 feet per second\2\).

* * * * *

4. Section 193.2017 is amended by revising paragraph (a) to read as

follows:

Sec. 193.2017 Plans and procedures.

(a) Each operator shall maintain at each LNG plant the plans and

procedures required for that plant by this part. The plans and

procedures must be available upon request for review and inspection by

the Administrator or any State Agency that has submitted a current

certification or agreement with respect to the plant under the pipeline

safety laws (49 U.S.C. 60101 et seq.). In addition, each change to the

plans or procedures must be available at the LNG plant for review and

inspection within 20 days after the change is made.

* * * * *

5. Section 193.2321 is amended by revising paragraph (a) to read as

follows:

Sec. 193.2321 Nondestructive tests.

(a) The following percentages of each day's circumferentially

welded pipe joints for hazardous fluid piping, selected at random, must

be nondestructively tested over the entire circumference to indicate

any defects which could adversely affect the integrity of the weld or

pipe:

------------------------------------------------------------------------

Cryogenic

Weld type piping Other Test method

------------------------------------------------------------------------

Butt welds more than 2 inches 100 30 Radiographic or

in nominal size. ultrasonic.

Butt welds 2 inches or less 100 30 Radiographic,

in nominal size. ultrasonic,

liquid

penetrant or

magnetic

particle.

Fillet and socket welds...... 100 30 Liquid

penetrant or

magnetic

particle.

------------------------------------------------------------------------

* * * * *

6. Section 193.2515 is amended by revising paragraph (c) to read as

follows:

Sec. 193.2515 Investigation of failures.

* * * * *

pipeline safety laws (49 U.S.C. 60101 et seq.) investigates an

incident, the operator involved shall make available all relevant

information and provide reasonable assistance in conducting the

investigation. Unless necessary to

[[Page 18518]]

restore or maintain service, or for safety, no component involved in

the incident may be moved from its location or otherwise altered until

the investigation is complete or the investigating agency otherwise

provides. Where components must be moved for operational or safety

reasons, they must not be removed from the plant site and must be

maintained intact to the extent practicable until the investigation is

complete or the investigating agency otherwise provides.

PART 195--[AMENDED]

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

follows:

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

and 49 CFR 1.53.

2. Section 195.58 is revised to read as follows:

Sec. 195.58 Address for written reports.

Each written report required by this subpart must be made to the

Information Resources Manager, Office of Pipeline Safety, Research and

Special Programs Administration, U.S. Department of Transportation,

Room 2335, 400 Seventh Street SW., Washington DC 20590. However,

accident reports for intrastate pipelines subject to the jurisdiction

of a State agency pursuant to a certification under the pipeline safety

laws (49 U.S.C. 60101 et seq.) may be submitted in duplicate to that

State agency if the regulations of that agency require submission of

these reports and provide for further transmittal of one copy within 10

days of receipt to the Information Resources Manager. Safety-related

condition reports required by Sec. 195.55 for intrastate pipelines must

be submitted concurrently to the State agency, and if that agency acts

as an agent of the Secretary with respect to interstate pipelines,

safety-related condition reports for these pipelines must be submitted

concurrently to that agency.

Sec. 195.402 [Amended]

3. Section 195.402 is amended by revising paragraph (b) to read as

follows:

* * * * *

(b) The Administrator or the State Agency that has submitted a

current certification under the pipeline safety laws (49 U.S.C. 60101

et seq.) with respect to the pipeline facility governed by an

operator's plans and procedures may, after notice and opportunity for

hearing as provided in 49 CFR 190.237 or the relevant State procedures,

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

provide a reasonable level of safety.

* * * * *

PART 198--[AMENDED]

1. The authority citation for part 198 is revised to read as

follows:

Authority: 49 U.S.C. 60105, 60106, 60114; and 49 CFR 1.53.

2. Section 198.3 is amended by revising the definition for

Underground pipeline facilities to read as follows:

* * * * *

Underground pipeline facilities means buried pipeline facilities

used in the transportation of gas or hazardous liquid subject to the

pipeline safety laws (49 U.S.C. 60101 et seq.).

* * * * *

3. Section 198.11 is revised to read as follows:

Sec. 198.11 Grant authority.

The pipeline safety laws (49 U.S.C. 60101 et seq.) authorize the

Administrator to pay out funds appropriated or otherwise make available

up to 50 percent of the cost of the personnel, equipment, and

activities reasonably required for each state agency to carry out a

safety program for intrastate pipeline facilities under a certification

or agreement with the Administrator or to act as an agent of the

Administrator with respect to interstate pipeline facilities.

4. Section 198.31 is revised to read as follows:

Sec. 198.31 Scope.

This subpart implements parts of the pipeline safety laws (49

U.S.C. 60101 et seq.), which direct the Secretary to require each State

to adopt a one-call damage prevention program as a condition to

receiving a full grant-in-aid for its pipeline safety compliance

program.

5. Section 198.35 is revised to read as follows:

Sec. 198.35 Grants conditioned on adoption of one-call damage

prevention program.

In allocating grants to State agencies under section 5 of the

Natural Gas Pipeline Safety Act of 1968 (49 App. U.S.C. 1674) and under

section 205 of the Hazardous Liquid Pipeline Safety Act of 1979 (49

App. U.S.C. 2004), the Secretary considers whether a State has adopted

or is seeking to adopt a one-call damage prevention program in

accordance with Sec. 198.37. If a State has not adopted or is not

seeking to adopt such program, the State agency may not receive the

full reimbursement to which it would otherwise be entitled.

6. Section 198.37 is amended by revising paragraphs (e) and (h) to

read as follows:

Sec. 198.37 State one-call damage prevention program.

* * * * *

(e) Except with respect to interstate transmission facilities as

defined in the pipeline safety laws (49 U.S.C. 60101 et seq.),

operators of underground pipeline facilities must be required to

participate in the one-call notification systems that cover the areas

of the State in which those pipeline facilities are located.

* * * * *

(h) Operators of underground pipeline facilities (other than

operators of interstate transmission facilities as defined in the

pipeline safety laws (49 U.S.C. 60101 et seq.), and interstate

pipelines as defined in Sec. 195.2 of this chapter), excavators and

persons who operate one-call notification systems who violate the

applicable requirements of this subpart must be subject to civil

penalties and injunctive relief that are substantially the same as are

provided under the pipeline safety laws (49 U.S.C. 60101 et seq.).

PART 199--[AMENDED]

1. The authority citation for part 199 is revised to read as

follows:

Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,

60118; and 49 CFR 1.53.

2. Section 199.3 is amended by revising the definition for

Administrator and the definition for State agency to read as follows:

Sec. 199.3 Definitions.

* * * * *

Administrator means the Administrator of the Research and Special

Programs Administration or any person to whom authority in the matter

concerned has been delegated by the Secretary of Transportation.

* * * * *

State agency means an agency of any of the several states, the

District of Columbia, or Puerto Rico that participates under the

pipeline safety laws (49 U.S.C. 60101 et seq.)

3. Section 199.7 is amended by revising paragraph (b) to read as

follows:

Sec. 199.7 Anti-drug plan.

* * * * *

(b) The Administrator or the State Agency that has submitted a

current certification under the pipeline safety laws (49 U.S.C. 60101

et seq.) with respect to the pipeline facility governed by an

operator's plans and procedures may, after notice and opportunity for

hearing as provided in 49 CFR 190.237 or the relevant State procedures,

require the operator to amend its plans and

[[Page 18519]]

procedures as necessary to provide a reasonable level of safety.

Sec. 199.205 [Amended]

4. Section 199.205 is amended by revising the definition for State

agency to read as follows:

* * * * *

State agency means an agency of any of the several states, the

District of Columbia, or Puerto Rico that participates under the

pipeline safety laws (49 U.S.C. 60101 et seq.).

* * * * *

Issued in Washington, DC, on March 28, 1996.

Rose A. McMurray,

Acting Deputy Administrator, Research and Special Programs

Administration.

[FR Doc. 96-10282 Filed 4-25-96; 8:45 am]

BILLING CODE 4910-60-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.