Liquefied Natural Gas RegulationsMiscellaneous Amendments

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 193

[Docket No. PS-151; Amdt. 193-14]

RIN 2137-AC 88

Liquefied Natural Gas Regulations--Miscellaneous Amendments

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

ACTION: Direct final rule.

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SUMMARY: This direct final rule incorporates safety requirements for

mobile and temporary Liquefied Natural Gas (LNG) facilities by

referencing the National Fire Protection Association (NFPA) Standard

59A (1996 edition), Standard for the Production, Storage and Handling

of Liquefied Natural Gas (LNG). This rule will reduce the burden on the

industry and state and federal governments by eliminating waiver

requirements for mobile and temporary LNG facilities. In this rule RSPA

is responding to the adverse comment received on the mobile LNG

facilities requirements in the previously published direct final rule

[62 FR 8402; 2/25/97] by addressing a commenter's main concern that

states in which mobile LNG equipment is located must be notified two

weeks in advance. The remainder of the requirements for mobile LNG

facilities are unchanged.

EFFECTIVE DATES: This direct final rule takes effect October 15, 1997.

The incorporation by reference of certain publications listed in the

rule is approved by the Director of the Federal Register as of October

15, 1997. If RSPA does not receive any adverse comment or notice of

intent to file an adverse comment by September 2, 1997 the rule will

become effective on the date specified. RSPA will issue a subsequent

notice in the Federal Register by September 30, 1997 after the close of

the comment period to confirm that fact and reiterate the effective

date. If an adverse comment or notice of intent to file an adverse

comment is received, RSPA will issue a timely notice in the Federal

Register to confirm that fact and RSPA would withdraw the direct final

rule in whole or in part. RSPA may then incorporate the adverse comment

into a subsequent direct final rule or may publish a notice of proposed

rulemaking.

ADDRESSES: Send comments in duplicate to the Dockets Unit, Room 8421,

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

Transportation, 400 Seventh Street, SW, Washington, DC 20590. Identify

the docket and notice number stated in the heading of this notice. All

comments and docketed material will be available for inspection and

copying in Room 8421 between 8:30 a.m. and 5:00 p.m. each business day.

FOR FURTHER INFORMATION CONTACT: Mike Israni, telephone (202) 366-4571,

or e-mail: [email protected], regarding the subject matter of

this document, or the Dockets Unit (202) 366-4453, for copies of this

document or other information in the docket.

SUPPLEMENTARY INFORMATION:

Background

On February 25, 1997, RSPA published a direct final rule (62 FR

8402) titled. `` Liquefied Natural Gas Regulations--Miscellaneous

Amendments.'' In that rule RSPA updated the Liquefied Natural Gas (LNG)

regulations by replacing the current `Flammable vapor-gas dispersion

protection' method with a method based on the `dense gas dispersion

(DEGADIS)' model, and replacing the current `Thermal radiation

protection' method with a method based on the ``LNGFIRE'' program

model. In addition, that final rule incorporated safety requirements

for mobile and temporary LNG facilities by referencing to the National

Fire Protection Association (NFPA) Standard 59A (1996 edition).

RSPA did not receive any comments relative to the direct final rule

provisions for Sec. 193.2057, Thermal radiation protection, and

Sec. 193.2059, Flammable vapor-gas dispersion protection. Therefore, a

separate document [62 FR 36465; July 8, 1997] confirming that the

changes to Sections 193.2057 and 193.2059 in the direct final rule

became effective on June 25, 1997, was sent to the Federal Register.

RSPA received two comments on the requirements for mobile and

temporary LNG facilities. One comment was from the industry and a

second was from an individual employed by a state utility commission.

The industry comment, from the largest independent natural gas

distribution company in New England, applauded RSPA's incorporation by

reference of the safety requirements for mobile and temporary LNG

facilities in the NFPA standard 59A. This commenter stated that the

waiver approval process for temporary LNG facilities was burdensome

because a separate waiver request to state regulators was required for

each facility. However, the commenter praised RSPA for issuing a direct

final rule which would no longer require a waiver from Part 193

requirements for these LNG facilities if they comply with NFPA 59A.

The commenter from the state utility commission expressed concern

over adopting the NFPA standard 59A by reference for the mobile and

temporary LNG facilities. This commenter noted that the specific

provisions of the 16 alternative requirements for mobile LNG facilities

that were jointly developed by New England area state representatives

were missing or were inadequately addressed in the NFPA standard 59A.

This commenter stated that RSPA should review the requirements in

greater detail, and ensure all 16 items were addressed before adopting

NFPA 59A.

RSPA, prior to initiating this rulemaking, reviewed all 16

alternative requirements and, with the exception of one issue (namely,

requiring an operator to notify the State agency having jurisdiction at

least 2 weeks in advance), determined that all requirements are

adequately addressed in NFPA standard 59A. The NFPA did not include

this requirement in standard 59A because it is beyond the NFPA's scope.

RSPA did not include it in the previous direct final rule. However,

RSPA is adding that requirement in this direct final rule.

As described in the direct final rule (February 25, 1997; 62 FR

8402), RSPA is amending 49 CFR Part 193 by adding a section 193.2019 on

mobile and temporary LNG facilities. Mobile and

[[Page 41312]]

temporary LNG facilities have a good safety record and their use has

become quite common. However, Part 193 currently does not contain

requirements for such temporary operations and many temporary

operations cannot meet some of the Part 193 requirements. In those

cases, operations have been authorized through waivers issued by the

relevant states, and approved by RSPA, for mobile and temporary

facilities for peakshaving applications, for service maintenance during

gas pipeline systems repair/alteration, or for other short term

applications. In acting on waiver requests, RSPA reviews justification

for not complying with Part 193 and requires alternative safety

provisions to maintain public safety. There has been no adverse impact

on safety as a result of the waiver process and RSPA anticipates an

equivalent level of safety following implementation of this direct

final rule. The safety guidelines and the restrictions for LNG mobile

facilities in applicable sections of NFPA 59A (1996 edition) provide an

adequate level of assurance of public safety. The safety guidelines are

identical to those required as conditions for waiver except for the

requirement shown as follows:

``The State agency having jurisdiction over pipeline safety in the

State in which the portable LNG equipment is to be located must be

provided with a location description for the installation at least 2

weeks in advance, including to the extent practical, the details of

siting, leakage containment or control, fire fighting equipment, and

methods employed to restrict public access, except that in the case of

emergency where such notice is not possible, as much advance notice as

possible must be provided.''

Because RSPA has determined that all 16 alternative requirements

have now been addressed and for the other reasons stated above, we do

not see any necessity for issuing a proposed rule. Therefore, RSPA is

incorporating by reference NFPA 59A for mobile and temporary LNG

facilities in this direct final rule. Operators will no longer need a

waiver from Part 193 requirements for mobile facilities if they comply

with the applicable sections of NFPA 59A and the requirement stated

above. This will reduce the burden on the industry and state and

federal governments without compromising safety.

Rulemaking Analysis and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This rule is not considered to be a significant regulatory action

under section 3(f) of Executive Order 12866, and is not considered

significant under DOT Regulatory Policies and Procedures (44 FR 11034;

February 26, 1979).

This rule amends LNG regulations to include requirements for mobile

and temporary facilities. This is consistent with the President's goal

of regulatory reinvention and improvement of customer service to the

American people. There is no additional cost to comply with this rule.

These changes do not warrant preparation of a Regulatory Evaluation.

Executive Order 12612

This action has been analyzed under the criteria of Executive Order

12612 (52 FR 41685; October 30,1987) and does not have sufficient

federalism impacts to warrant the preparation of a Federalism

Assessment.

Regulatory Flexibility Act

Based on the facts available concerning the impact of this rule, I

certify under section 606 of the Regulatory Flexibility Act that it

does not have a significant impact on a substantial number of small

entities.

Paperwork Reduction Act

This rule does not modify the paperwork burden that LNG operators

already have. Therefore, a paperwork evaluation is unnecessary.

List of Subjects in 49 CFR Part 193

Fire prevention, Incorporation by reference, Pipeline safety,

Reporting and recordkeeping requirements, Security measures.

In consideration of the foregoing, RSPA amends part 193 of title 49

of the Code of Federal Regulations as follows:

PART 193--[AMENDED]

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

follows:

Authority: 49 U.S.C. 5103, 60103, 60104, 60108, 60109, 60111,

60112, 60118; and 49 CFR 1.53.

2. Part 193 is amended by adding Sec. 193.2019 to subpart A to read

as follows:

Subpart A--General

Sec. 193.2019 Mobile and temporary LNG facilities

(a) Mobile and temporary LNG facilities for peakshaving

application, for service maintenance during gas pipeline systems

repair/alteration, or for other short term applications need not meet

the requirements of this part if the facilities are in compliance with

applicable sections of NFPA 59A (1996 edition).

(b) The State agency having jurisdiction over pipeline safety in

the State in which the portable LNG equipment is to be located must be

provided with a location description for the installation at least 2

weeks in advance, including to the extent practical, the details of

siting, leakage containment or control, fire fighting equipment, and

methods employed to restrict public access, except that in the case of

emergency where such notice is not possible, as much advance notice as

possible must be provided.

Issued in Washington, D. C. on July 28, 1997.

Kelley S. Coyner

Acting Administrator

[FR Doc. 97-20296 Filed 7-31-97; 8:45 am]

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