Periodic Updates to the Pipeline Safety Regulations

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192, 193, and 195

[Docket No. PS-143]

RIN 2137-AC74

Periodic Updates to the Pipeline Safety Regulations

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

ACTION: Final rule.

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SUMMARY: This final rule updates the references to voluntary

specifications and standards to reflect more recently published

editions of each document. This final rule enables pipeline operators

to utilize current technology, materials, and practices, thereby

reducing costs and enhancing economic growth. In addition, this final

rule eliminates the requirements for odorization of hydrogen in

transmission lines in instances where the hydrogen is intended for use

as a feedstock in a manufacturing process. This eliminates a

requirement that is costly, but not needed for safety. This final rule

is consistent with the President's goals of regulatory reinvention and

improvement of customer service.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT: Eben M. Wyman, (202) 366-0918,

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

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

docket.

SUPPLEMENTARY INFORMATION:

Background

In a March 1995 memorandum, President Clinton directed Federal

regulatory agencies to, among other things, conduct a page-by-page

review of all agency regulations, cutting or revising those that were

obsolete, intrusive, or better handled by parties other than the

Federal government (i.e., private business, State, or local

government).

In response to the President's directive, RSPA issued a Notice of

Proposed Rulemaking (NPRM) in this docket on March 4, 1996 (61 FR

8213). The NPRM proposed updating the references to voluntary

specifications and standards and proposed elimination of the

requirement to odorize hydrogen transmission pipelines.

Eight parties submitted written comments on the NPRM.

Commenters consisted of seven pipeline operators, two of which are

hydrogen pipeline operators, and a standard setting organization.

Comments were generally supportive of RSPA's efforts, although some

commenters made additional suggestions.

Incorporation by Reference

RSPA is adopting the proposal to incorporate by reference all or

portions of over 40 different documents containing practices, codes,

standards, and specifications developed and published by technical

organizations, including the American Petroleum Institute, American Gas

Association, American Society of Mechanical Engineers, American Society

of Civil Engineers, American Concrete Institute, American Society for

Testing and Materials, International Conference of Building Officials,

Manufacturers Standardization Society of the Valve and Fittings

Industry, and National Fire Protection Association. Many editions

previously referenced in 49 CFR Parts 192, 193, and 195 are out of

print or obsolete. Later published editions of these documents focus on

up-to-date technology. Pipeline operators could be unnecessarily

burdened with design and construction requirements that are referred to

in earlier editions.

To avoid these burdens and allow operators to benefit from

technological improvements in materials and methods, this final rule

updates those references for which the latest editions have been

reviewed and accepted by OPS.

All six commenters on the proposed updates of the voluntary

consensus standards were supportive of the initiative. However, one

commenter suggested that the regulatory language in Section 192.63

should not make reference to the year of the latest edition of the

standard in order to maintain consistency throughout the regulations.

RSPA sees merit in this comment, and therefore has revised the final

rule to cite the standard without reference to the year of the latest

edition.

One commenter suggested that RSPA eliminate the use of specific

editions and dates for the referenced standards and refer instead to

``the latest edition'' of each standard. This commenter believed that

in some cases operators are burdened with unnecessary delays and

additional costs to obtain pipe or components manufactured to an out-

of-date standard.

RSPA will not adopt this proposal to revise the pipeline safety

regulations to permanently reference ``the latest edition'' of the

incorporated consensus standards. Before adopting any updated consensus

standard RSPA first reviews the standard to determine whether it should

be incorporated by reference into the regulations. RSPA then proposes

to accept the document(s) through a Federal Register Notice, providing

the public with an opportunity to comment on the proposal. It would be

inconsistent with the Administrative Procedure Act for RSPA to announce

that the latest editions of these documents will be accepted without

RSPA review or opportunity for public comment.

Three commenters suggested that RSPA review the standards at least

annually. RSPA understands the benefits to operators of periodically

updating the referenced standards. RSPA will try to revise them

annually, as this will lessen burdens on pipeline operators.

Requirement to Odorize Hydrogen Transmission Pipelines

In support of the President's goal to eliminate obsolete and

unnecessary regulations, this final rule adopts the proposal to amend

49 CFR 192.625 to eliminate the odorization requirement for hydrogen

transmission lines in cases where its intended use is as a feedstock in

a manufacturing process. Hydrogen pipelines that were operating without

an odorant before May 5, 1975, were

[[Page 26122]]

already exempt from the odorization requirement.

When used as an industrial feedstock, the hazard from hydrogen

pipeline leaks is minimal. Hydrogen is much less dense than air and

thus tends to dissipate rapidly. In addition, hydrogen has relatively

low energy content for a given volume compared to natural gas. The

ignition energy of hydrogen is so low that even static electricity can

ignite the gas, making a build-up of gas to dangerous levels unlikely.

Moreover, the costs of deodorization are substantial. Odorization

renders hydrogen unfit for most of its industrial uses, as it can

reduce the reactivity of catalysts, make the end product unfit for the

purpose for which it is intended, or reduce the percentage completion

of a chemical reaction. This means that the odorant needs to be

removed, an expensive process, prior to its use in manufacture.

Three commenters discussed RSPA's proposal to eliminate the

requirements for odorization of hydrogen transmission pipelines. All

comments were in full support of this initiative, and one commenter

noted that the revised language in Section 192.625 is consistent with

the President's goals of RRI, as it ``will serve to effectively

eliminate a regulatory requirement that is both unnecessary and

economically burdensome on industry.''

Advisory Committees

The Technical Pipeline Safety Standards Committee (TPSSC) and the

Technical Hazardous Liquid Pipeline Safety Standards Committee

(THLPSSC) have been established by statute to evaluate proposed

pipeline safety regulations. The committees are required to report on

the technical feasibility, reasonableness, and practicability of the

proposals.

The NPRM was sent by mail to the committees for consideration. The

proposal was unanimously accepted by 11 members of the THLPSSC. The

comments of the TPSSC supported the proposal and generally were

consistent with written comments filed by other commenters discussed

above. Written comments of the TPSSC were similar, but a few members

requested further information regarding the hydrogen transmission

pipelines that would no longer be subject to the odorization

requirement. A TPSSC member asked where these lines are located, and

whether they would be tested or surveyed more extensively than other

pipelines that are required to use odorant.

The bulk of hydrogen transmission pipelines are operated by two

companies and are located primarily in Texas and Louisiana. For the

reasons discussed earlier in this final rule, relieving operators of

hydrogen pipelines from the odorization requirement will not sacrifice

safety and thus no additional testing or monitoring is needed.

Because only 6 members of the TPSSC responded to the mail ballot,

the TPSSC considered the proposal at its May 7, 1996 meeting. All

twelve TPSSC members present voted in favor of the proposal.

Corrections

In the NPRM, RSPA provided an incorrect address for the American

Society for Testing and Materials (ASTM). The correct town is ``West

Conshohocken, PA, `` not ``Conshohocken, PA,'' as noted in the NPRM.

Thus, the correct address for ASTM is 100 Barr Harbor Drive, West

Conshohocken, PA, 19428. The NPRM also incorrectly named the latest

edition of NFPA-59A as the 1994 edition. The latest edition is the 1996

edition. This information is incorporated in the final rule where

appropriate. Finally, Section 192.189 is corrected to reflect the

appropriate nomenclature of ANSI/NFPA 70 as the ``National Electrical

Code,'' not ``National Electric Code'' as named in the NPRM.

Rulemaking Analyses

Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is not a significant regulatory action under

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

to review by the Office of Management and Budget (OMB). The final rule

is not significant under the Regulatory Policies and Procedures of the

Department of Transportation (44 FR 11034).

Executive Order 12612

The final rule has been analyzed with the principles and criteria

in Executive Order 12612 (``Federalism''), and does not have sufficient

federalism impacts to warrant the preparation of a federalism

assessment.

Regulatory Flexibility Act

Based on the facts available, I certify that this final rule will

not, have a significant economic impact on a substantial number of

small entities.

Paperwork Reduction Act

There are no new information collection requirements in this final

rule.

List of Subjects

49 CFR Part 192

Incorporation by reference, Natural gas, Pipeline Safety.

49 CFR Part 193

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

safety.

49 CFR Part 195

Anhydrous ammonia, Carbon dioxide, Incorporation by reference,

Petroleum, Pipeline safety.

In consideration of the foregoing, RSPA to amends 49 CFR Parts 192,

193, and 195 as follows:

PART 192--[AMENDED]

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

follows:

Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,

60113, 60118; 49 CFR 1.53

2. Paragraph (a)(1) of section 192.63 is revised to read as

follows:

Sec. 192.63 Marking of materials.

(a) * * *

(1) As prescribed in the specification or standard to which it was

manufactured, except that thermoplastic fitting must be marked in

accordance with ASTM D 2513; or

* * * * *

3. Paragraph (c) of section 192.189 is revised to read as follows:

Sec. 192.189 Vaults: Drainage and waterproofing.

* * * * *

(c) Electrical equipment in vaults must conform to the applicable

requirements of Class 1, Group D, of the National Electrical Code,

ANSI/NFPA 70.

4. Section 192.625 is amended by revising paragraphs (b)(2)(iv)(C)

and (b)(3) and by adding paragraph (b)(4) to read as follows:

Sec. 192.625 Odorization of gas.

* * * * *

(b) * * *

(2) * * *

(iv) * * *

(C) Reduces the percentage completion of a chemical reaction;

(3) In the case of a lateral line which transports gas to a

distribution center, at least 50 percent of the length of that line is

in a Class 1 or Class 2 location; or

(4) The combustible gas is hydrogen intended for use as a feedstock

in a manufacturing process.

* * * * *

5. Appendix A of Part 192 is amended by revising paragraphs I. D,

II. A (1), (3)

[[Page 26123]]

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

Appendix A to Part 192--Incorporated by Reference

I. List of organizations and addresses.

* * * * *

D. American Society for Testing and Materials (ASTM), 100 Barr

Harbor Drive, West Conshohocken, PA 19428.

* * * * *

II. Documents incorporated by reference. (Numbers in parentheses

indicate applicable editions.)

A. * * *

(1) API Specification 5L ``Specification for Line Pipe (41st

edition, 1995).

* * * * *

(3) API Specification 6D ``Specification for Pipeline Valves

(Gate, Plug, Ball, and Check Valves)'' (21st edition, 1994).

(4) API Standard 1104 ``Welding of Pipelines and Related

Facilities'' (18th edition, 1994).

B. American Society for Testing and Materials (ASTM):

(1) ASTM Designation: A53 ``Standard Specification for Pipe,

Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless''

(A53-95a).

(2) ASTM Designation A 106 ``Standard Specification for Seamless

Carbon Steel Pipe for High-Temperature Service'' (A 106- 94a).

(3) ASTM Designation: A 333/A 333M ``Standard Specification for

Seamless and Welded Steel Pipe for Low-Temperature Service'' (A 333/

A 333M-94).

(4) ASTM Designation: A 372/A 372M ``Standard Specification for

Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels''

(A 372/A 372M-95).

(5) ASTM Designation: A 381 ``Standard Specification for Metal-

Arc-Welded Steel Pipe for Use With High-Pressure Transmission

Systems (A 381-93).

(6) ASTM Designation: A 671 ``Standard Specification for

Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower

Temperatures'' (A 671-94).

(7) ASTM Designation: A 672 ``Standard Specification for

Electric-Fusion-Welded Steel Pipe for High-Pressure Service at

Moderate Temperatures'' (A 672-94).

(8) ASTM Designation A 691 ``Standard Specification for Carbon

and Alloy Steel Pipe, Electric-Fusion-Welded for High- Pressure

Service at High Temperatures'' (A 691-93).

(9) ASTM Designation D 638 ``Standard Test Method for Tensile

Properties of Plastics'' (D 638-95).

(10) ASTM Designation D 2513 ``Standard Specification for

Thermoplastic Gas Pressure Pipe, Tubing and Fittings'' (D 2513-87

edition for Sec. 192.63(a)(1), otherwise D2513-95c).

(11) ASTM Designation D 2517 ``Standard Specification for

Reinforced Epoxy Resin Gas Pressure Pipe and Fittings'' (D 2517-94).

C. * * *

(3) ASME Boiler and Pressure Vessel Code, Section I ``Power

Boilers'' (1995 edition with 1995 Addenda).

(4) ASME Boiler and Pressure Vessel Code, Section VIII, Division

1 ``Pressure Vessels'' (1995 edition with 1995 Addenda).

(5) ASME Boiler and Pressure Vessel Code, Section VIII, Division

2 ``Pressure Vessels: Alternative Rules'' (1995 edition with 1995

Addenda).

(6) ASME Boiler and Pressure Vessel Code, Section IX ``Welding

and Brazing Qualifications'' (1995 edition with 1995 Addenda).

* * * * *

E. National Fire Protection Association (NFPA):

(1) ANSI/NFPA 30 ``Flammable and Combustible Liquids Code''

(1993).

(2) ANSI/NFPA 58 ``Standard for the Storage and Handling of

Liquefied Petroleum Gases'' (1995).

(3) ANSI/NFPA 59 ``Standard for the Storage and Handling of

Liquefied Petroleum Gases at Utility Gas Plants'' (1995).

(4) ANSI/NFPA 70 ``National Electrical Code'' (1996).

PART 193--[AMENDED]

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

follows:

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

60110, 60113, 60118; 49 CFR 1.53

2. Appendix A to Part 193 is amended by revising paragraphs II. C,

II D (1) and (3), II. E, II. F, and II. G, to read as follows:

Appendix A to Part 193--Incorporation by Reference

* * * * *

II. Documents Incorporated by Reference. (Numbers in Parentheses

Indicate Applicable Editions.)

* * * * *

C. American Society of Civil Engineers (ASCE):

1. ASCE 7-95 ``Minimum Design Loads for Buildings and Other

Structures'' (1995)

D. * * *

1. API Specification 6D ``Specification for Pipeline Valves

(Gate, Plug, Ball, and Check Valves)'' (21st edition, 1994).

2. * * *

3. API Standard 1104 ``Welding of Pipelines and Related

Facilities'' (18th edition, 1994).

E. American Society of Mechanical Engineers (ASME):

1. ASME/ANSI B31.3 ``Chemical Plant and Petroleum Refinery

Piping'' (1993 edition with ASME/ANSI B31.3a-1993, B31.b-1994 and

B31.c-1995 Addenda).

2. ASME/ANSI B31.5 ``Refrigeration Piping'' (1992 edition with

ASME B31.5a-1994 Addenda).

3. ASME/ANSI B31.8 ``Gas Transmission and Distribution Piping

Systems'' (1995).

4. ASME Boiler and Pressure Vessel Code, Section I ``Power

Boilers'' (1995 edition with 1995 Addenda).

5. ASME Boiler and Pressure Vessel Code, Section IV, ``Heating

Boilers'' (1995 edition with 1995 Addenda).

6. ASME Boiler and Pressure Vessel Code, Section VIII, Division

1 ``Pressure Vessels'' (1995 edition with 1995 Addenda).

7. ASME Boiler and Pressure Vessel Code, Section VIII, Division

2, ``Pressure Vessels: Alternative Rules'' (1995 edition with 1995

Addenda).

8. ASME Boiler and Pressure Vessel Code, Section IX, ``Welding

and Brazing Qualifications'' (1995 edition with 1995 Addenda).

F. International Conference of Building Officials (ICBU):

1. ``Uniform Building Code'' (UBC) (1994).

G. National Fire Protection Association (NFPA):

1. ANSI/NFPA 30 ``Flammable and Combustible Liquids Code''

(1993)

2. ANSI/NFPA 37 ``Standard for the Installation and Use of

Stationary Combustion Engines and Gas Turbines'' (1994).

3. ANSI/NFPA 51B ``Standard for Fire Prevention in Use of

Cutting and Welding Processes'' (1994).

4. ANSI/NFPA 59A ``Standard for the Production, Storage, and

Handling of Liquefied Natural Gas (LNG)'' (1972 edition for

Sec. 193.2005(c), otherwise 1996 edition).

5. ANSI/NFPA 70 ``National Electrical Code'' (1996).

* * * * *

PART 195--[AMENDED]

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

follows:

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

CFR 1.53.

2. Section 195.3 is amended by revising paragraph (b)(6) and

paragraphs (c) introductory text and (c) (2) through (5) to read as

follows:

195.3 Matter incorporated by reference.

* * * * *

(b) * * *

(6) American Society for Testing and Materials (ASTM), 100 Barr

Harbor Drive, Conshohocken, PA 19428.

* * * * *

(c) The full title for the publications incorporated by reference

in this part are as follows. Numbers in parentheses indicate applicable

editions:

* * * * *

(2) American Petroleum Institute (API):

(i) API Specification 5L ``Specification for Line Pipe'' (41st

edition, 1995).

(ii) API Specification 6D ``Specification for Pipeline Valves

(Gate, Plug, Ball, and Check Valves)'' (21st Edition, 1994).

(iii) API Specification 1104 ``Welding of Pipelines and Related

Facilities'' (18th edition, 1994).

(3) American Society of Mechanical Engineers (ASME):

(i) ASME/ANSI B16.9 ``Factory-Made Wrought Steel Buttwelding

Fittings'' (1993).

[[Page 26124]]

(ii) ASME/ANSI B31.4 ``Liquid Transportation Systems for

Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols''

(1992 edition with ASME B31.4a-1994 Addenda).

(iii) ASME/ANSI B31.8 ``Gas Transmission and Distribution Piping

Systems'' (1995)

(iv) ASME/ANSI B31G ``Manual for Determining the Remaining Strength

of Corroded Pipelines'' (1991).

(v) ASME Boiler and Pressure Vessel Code, Section VIII, Division 1

``Pressure Vessels'' (1995 edition with 1995 Addenda).

(vi) ASME Boiler and Pressure Vessel Code, Section IX ``Welding and

Brazing Qualifications'' (1995 edition with 1995 Addenda).

(4) Manufacturers Standardization Society of the Valve and Fittings

Industry, Inc. (MSS):

(i) MSS SP-75 ``Specification for High Test Wrought Butt Welding

Fittings'' (1993).

(ii) [Reserved]

(5) American Society for Testing and Materials (ASTM):

(i) ASTM Designation: A 53 ``Standard specification for Pipe,

Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' (A 53-

95a).

(ii) ASTM Designation: A 106 ``Standard Specification for Seamless

Carbon Steel Pipe for High-Temperature Service'' (A 106-94a).

(iii) ASTM Designation: A 333/A 333M ``Standard Specification for

Seamless and Welded Steel Pipe for Low-Temperature Service''(A 333/A

333M-94).

(iv) ASTM Designation: A 381 ``Standard Specification for Metal-

Arc-Welded Steel Pipe for Use With High-Pressure Transmission Systems''

(A 381-93).

(v) ASTM Designation: A 671 ``Standard Specification for Electric-

Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures'' (A

671-94).

(vi) ASTM Designation: A 672 ``Standard Specification for Electric-

Fusion-Welded Steel Pipe for High-Pressure Service at Moderate

Temperatures'' (A 672-94).

(vii) ASTM Designation: A 691 ``Standard Specification for Carbon

and Alloy Steel Pipe Electric-Fusion-Welded for High- Pressure Service

at High Temperatures'' (A 691-93).

Issued in Washington, DC on May 16, 1996.

Rose A. McMurray,

Acting Deputy Administrator.

[FR Doc. 96-12843 Filed 5-23-96; 8:45 am]

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