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: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: This NPRM proposes to update the references to voluntary

specifications and standards to reflect more recently published

editions of each document. Many referenced standards currently cited in

the code are outdated. This NPRM would enable pipeline operators to

utilize current technology, materials, and practices, thereby reducing

costs and enhancing economic growth. This is consistent with the

President's goals of regulatory reinvention and improvement of customer

service to the American people. In addition, this NPRM proposes to

eliminate the requirements for odorization of hydrogen transmission

lines. The purpose of this proposal is to eliminate unnecessary

regulatory burdens without compromising safety.

DATES: Comments to this NPRM are due on or before April 3, 1996.

ADDRESSES: Written comments regarding this NPRM should be sent to the

RSPA dockets office, attention Verdell Simpkins, room 8421, U.S.

Department of Transportation, 400 7th Street SW., Washington, DC.

20590.

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 Notice or other material in the docket.

SUPPLEMENTARY INFORMATION:

Background

Regulatory Reinvention Initiative

In March of 1995, President Clinton issued a memorandum to heads of

departments and agencies calling for a review of all agency regulations

and elimination or revision of those that are outdated or in need of

reform. The ``Regulatory Reinvention Initiative'' (RRI) was a

Presidential directive requiring Federal regulatory agencies, among

other things, to 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).

RSPA has reviewed the pipeline safety regulations and is making

changes and revisions where deemed appropriate. In addition, RSPA

conducted three outreach meetings in 1995 in Dallas, TX, Lakewood CO,

and Houston, TX in support of the President's goal of enhancing

partnership with the pipeline industry. Comments received in these

outreach meetings and in the RRI docket have resulted in the proposals

in this NPRM.

Incorporations by Reference

RSPA has reviewed the voluntary consensus standards currently

referred to in the pipeline safety regulations and in its appendices,

and proposes to update the various voluntary consensus standards that

are cited throughout 49 CFR Parts 192, 193, and 195. The respective

organizations responsible for producing these standards often update or

revise them to better suit the needs of changing pipeline systems.

Parts 192, 193, and 195 incorporate by reference all or portions of

over 40 different documents or their equivalent 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 of Testing and Materials, International Conference of

Building Officials, Manufacturers Standardization Society of the Valve

and Fittings Industry, and National Fire Protection Agency. Many of the

editions currently referenced are now out of print or obsolete. Later

published editions of these documents utilize or 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 various

technological improvements in materials and methods, this NPRM proposes

to update references to these outdated documents where the latest

editions have been reviewed and accepted by OPS. The later editions

referenced are set forth by name and date in the proposed amendments to

appendices A and B of Part 192, appendix A of Part 193, and Part 195

(Sec. 195.3). The order and appearance in the CFR of the consensus

standards would remain unchanged. Only the year representing the

edition of the document would be revised. In addition to the proposed

incorporating of current standards, some minor conforming amendments

are also proposed.

The address for the American Society for Testing and Materials

(ASTM) has changed. The correct address is: 100 Barr Harbor Drive,

Conshohocken, PA, 19428. Parts 192 and 195 will be amended to reflect

this change.

Section 192.63(a)(1) would be revised to refer to the 1995 edition

of ASTM D 2513, replacing the 1987 edition.

Section 192.189(c) would be amended by correcting the reference to

the National Electric Code. The ``C1'' nomenclature identifies the

electrical code committee within the American National Standards

Institute (ANSI), but is in no way related to identifying the code

itself. The correct reference is ``ANSI/NFPA 70'', and would be so

amended under the proposed rulemaking.

Requirement to Odorize Hydrogen Transmission Pipelines

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

unnecessary regulations, RSPA proposes to amend 49 CFR 192.625 to

eliminate the odorization requirement for hydrogen transmission lines

in cases where the odorization interferes with industrial end uses.

Hydrogen pipelines that were operating without an odorant before May 5,

1975, are already exempt from the odorization requirement.

[[Page 8232]]

The requirement to odorize hydrogen in new and existing hydrogen

transmission lines that do not fall under this ``grandfather clause''

may impose unreasonable costs on industry without any quantifiable

safety benefit. This is because odorization renders hydrogen, which is

primarily an industrial process feedstock, unfit for its uses without

expensive deodorization. RSPA recognized that problems with the

odorization requirements could be expected to occur after the

``grandfather'' date, but stated that it ``* * * prefers to address

these problems on an individual basis in the waiver process.'' 40 FR

20279 at 20,280-281 (May 9, 1971).

There appears to be no advantage to continuing to use a waiver

procedure. The potential advantages of odorization for hydrogen

pipelines appear to be negligible, while the costs to industry for

removal of the odorant may be unreasonably large. Also, the magnitude

of any hazard from hydrogen pipeline leaks appear to be small. Hydrogen

is not only much less dense than air, and thus tends to dissipate

rapidly, but also has relatively low energy content for a given volume

compared to natural gas. In addition, it appears that the ignition

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

the gas, making a build-up of gas unlikely. In addition, hydrogen is

not generally used as a fuel, but rather as an industrial feedstock.

Odorization renders hydrogen unfit for most of its industrial uses.

Odorant can poison or 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.

The proposed language adds a paragraph to Section 192.625 to except

from odorization requirements transmission lines if the gas is intended

for an industrial plant using hydrogen in a manufacturing process.

Rulemaking Analyses

Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed 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 (OMB). The

notice is also not considered significant under the Regulatory Policies

and Procedures of the Department of Transportation (44 FR 11034).

Executive Order 12612

The proposed 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 proposal will

not, if promulgated, have a significant economic impact on a

substantial number of small entities. This certification is subject to

modification as a result of a review of comments received in response

to this proposal.

Paperwork Reduction Act

The cumulative effect of the proposals in this NPRM will be no

change in the current information collection burden requirements for

gas, hazardous liquid, and carbon dioxide pipeline operators.

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 proposes to amend 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. 60101 et seq.; 49 CFR 1.53.

2. Paragraph (a)(1) of Sec. 192.63 would be 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 the 1995 edition of ASTM D 2513; or

* * * * *

3. Paragraph (c) of Sec. 192.189 would be 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 Electric Code, ANSI/

NFPA 70.

4. Section 192.625 would be 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 would be amended by revising paragraphs

I. D, II. A 1, 3, 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, 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-

94).

2. ASTM Designation A106 ``Standard Specification for Seamless

Carbon Steel Pipe for High-Temperature Service'' (A106-94).

3. ASTM Designation: A333/A333M ``Standard Specification for

Seamless and Welded Steel Pipe for Low-Temperature Service'' (A333/

A333M-94).

4. ASTM Designation: A372/A372M ``Standard Specification for

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

(A372/A372M-95).

5. ASTM Designation: A381 ``Standard Specification for Metal-

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

Systems'' (A 381-93).

6. ASTM Designation: A671 ``Standard Specification for Electric-

Fusion-Welded

[[Page 8233]]

Steel Pipe for Atmospheric and Lower Temperatures'' (A 671-94).

7. ASTM Designation: A672 ``Standard Specification for Electric-

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

Temperatures'' (A672-94).

8. ASTM Designation A691 ``Standard Specification for Carbon and

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

at High Temperatures'' (A691-93).

9. ASTM Designation D638 ``Standard Test Method for Tensile

Properties of Plastics'' (D638-94b).

10. ASTM Designation D2513 ``Standard Specification for

Thermoplastic Gas Pressure Pipe, Tubing and Fittings'' (D2513-95a).

11. ASTM Designation D2517 ``Standard Specification for

Reinforced Epoxy Resin Gas Pressure Pipe and Fittings'' (D2517-94).

C. * * *

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

Boilers'' (1995 edition with addenda).

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

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

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

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

addenda).

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

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

* * * * *

E. National Fire Protection Association (NFPA):

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

(1995).

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. 60101 et seq.; 49 CFR 1.53.

2. Appendix A to part 193 would be 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 7-88 ``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).

* * * * *

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).

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

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 Addenda).

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

Boilers'' (1995 edition with Addenda).

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

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

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

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

Addenda).

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

and Brazing Qualifications'' (1995 edition with 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)'' (1994).

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. 60101 et seq.; 49 CFR 1.53.

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

paragraphs (c) (2)-(5) to read as follows:

Sec. 195.3 Matter incorporated by reference.

* * * * *

(b) * * *

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

Harbor Drive, Conshohocken, PA 19428.

(c) * * *

(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).

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

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

(1992 edition with 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) Boiler and Pressure Vessel Code, Section VIII, Division 1

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

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

Brazing Qualifications'' (1995 with 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-

94).

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

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

(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).

[[Page 8234]]

Issued in Washington, DC on February 23, 1996.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 96-4622 Filed 3-1-96; 8:45 am]

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