Ratification and Adoption of Amendment to 49 CFR Parts 192 and 193 [35 Pa.B. 1737] Public Meeting held
February 3, 2005Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice-Chairperson; Glen R. Thomas; Kim Pizzingrilli
Ratification and Adoption of Amendment to Part 192 and Part 193 of Title 49 of the Code of Federal Regulations; Docket No. M-00051867 Order By the Commission:
At 52 Pa. Code § 59.33(b) the Commission has adopted, except as otherwise indicated, the federal safety standards for natural gas transmission and distribution facilities. The federal standards are established by the United States Department of Transportation (DOT) at 49 U.S.C. §§ 60101, et seq., and are set forth in Parts 191, 192, 193 and 199 of Title 49 of the Code of Federal Regulations. Section 59.33(b) provides, in pertinent part, that amendments to Title 49 will become effective in Pennsylvania upon the date of entry of a Commission ratification order where that order is served upon all jurisdictional natural gas companies or, alternatively, upon the date of such order's publication in the Pennsylvania Bulletin.
A. On April 23, 2004, at Federal Register, Vol. 69, No. 79, page 21975, Amendment 192-91 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192. In this final rule, the Research and Special Programs Administration (RSPA) corrected the amendment number cited in the caption of the final rule published in the Federal Register on August 6, 2002 (67 FR 50824). The amendment number cited in the caption of this final rule was ''Amendment 192-77.'' The correct amendment number is ''Amendment 192-91.'' This correction does not affect the substance or content of the rule.
B. On June 14, 2004 at Federal Register, Vol. 69, No. 113, pages 32886--32898, Amendment 191-16, 192-94, and 199-20 were adopted and codified by the Federal Department of Transportation at 49 CFR §§ 191, 192, 199. The final rule is part of an effort by RSPA to periodically update the pipeline safety regulations. This rule incorporates the most recent editions of the voluntary consensus standards and specifications referenced in the Federal pipeline safety regulations to enable pipeline operators to utilize the most current technology, materials, and industry practices in the design, construction, and operation of their pipelines. This rule also increases the design pressure limitation for new thermoplastic pipe, allows the use of plastic pipe for certain bridge applications, increases the time period for revision location, clarifies welding requirements, and makes various other editorial clarifications and corrections. This final rule does not require pipeline operators to undertake any significant new pipeline safety initiatives.
C. On September 9, 2004, at Federal Register, Vol. 69, No. 174, pages 54591--54593, Amendment 192-94 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192. RSPA is correcting a final rule published in the Federal Register on June 14, 2004 (69 FR 32886). That final rule amended and updated various sections of the pipeline safety regulations and incorporated the most recent editions of the voluntary consensus standards publications referenced in 49 CFR parts 192 and 195. That document made an inadvertent error in the definition of ''Transmission line'' in Section 192.3, failed to properly amend Appendix B to part 192, inadvertently reversed a recent amendment to a welder qualification requirement in Section 195.222, and contained several typographical errors. This document corrects the final rule by revising the relevant sections.
D. On April 6, 2004, at Federal Register, Vol. 69, No. 66, pages 18227--18242, Amendment 192-95 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192. This document corrects a final rule published in the Federal Register on December 15, 2003 (68 FR 69778). That rule requires operators to develop integrity management programs for gas transmission pipelines located where a leak or rupture could do the most harm, i.e., could impact high consequence areas (HCAs). The rule requires gas transmission pipeline operators to perform ongoing assessments of pipeline integrity, to improve data collection, integration, and analysis, to remediate the pipeline as necessary, and to implement additional preventive and mitigative actions. The document makes minor editorial corrections and clarifies the intent of several provisions in the rule. This document also addresses a petition for reconsiderations filed by the Interstate Natural Gas Association of America (INGAA).
E. On May 17, 2004, at Federal Register, Volume 69, No. 95, pages 27861--27863, Amendment 192-96 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192. RSPA published in the Federal Register on September 15, 2003, a final rule concerning the operation and capacity of existing pressure limiting and regulating stations on gas pipelines. The rule inadvertently established a pressure limit that could require a reduction in the operating pressure of some pipelines and be impracticable for others to meet. The direct final rule establishes an appropriate pressure limit to avoid these unintended results.
F. On September 8, 2004, at Federal Register, Vol. 69, No. 173, pages 54248--54249, Amendment 192-96 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192. The document confirms the effective date of the direct final rule adopted on May 17, 2004, at Federal Register, Volume 69, No. 95, pages 27861--27863. Amendment 192-96 will go into effect on October 8, 2004.
G. On June 28, 2004, at Federal Register, Vol. 69, No. 123, pages 36024--36029, Amendment 192-97 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192. RSPA published a regulation requiring that new gas transmission lines and sections of existing transmission lines in which pipe or components are replaced be designed and constructed to accommodate the passage of instrumented internal inspection devices. Responding to petitions for reconsideration, RSPA stayed enforcement on some facilities and invited comments on proposed changes to the regulation. The present action concludes RSPA's consideration of the petitions and comments. For existing onshore transmission lines, this action restricts the regulation to replacements of pipe or components. For offshore transmission lines, the regulation is restricted to certain new lines that run between platforms or from platforms to shore. The action aligns the regulation with the supporting congressional directive and related Marine Board recommendation.
H. On August 10, 2004, at Federal Register, Vol. 69, No. 153, pages 48400--48407, Amendment 192-98 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192. The rule amends the pipeline safety regulations to require operators of gas and hazardous liquid pipelines to prepare and follow procedures for periodic inspections of pipeline facilities located in the Gulf of Mexico and its inlets in waters less than 15 feet deep. These inspections will inform the operator if the pipeline is exposed or a hazard to navigation.
I. On March 10, 2004, at Federal Register, Vol. 69, No. 47, pages 11330--11337, Amendment 193-18 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 193. This final rule clarifies that the operation, maintenance, and fire protection requirements of the RSPA's Office of Pipeline Safety's (OPS) regulations for liquefied natural gas (LNG) facilities apply to LNG facilities in existence or under construction as of March 31, 2000. An earlier final rule made the applicability of these requirements unclear. Additional changes to the regulations remove incorrect cross-references, clarify fire drill requirements, and require reviews of plans and procedures. Lastly, the final rule changes the regulations so that cross-references to the National Fire Protection Association standard, NFPA 59A, refer to the 2001 edition of that standard rather than the 1996 edition. These clarifications and changes will improve the clarity and effectiveness of the regulations.
Copies of the aforementioned Federal Register publications are attached to this order.
Keeping in mind the safety of the public, we have reviewed the previously-referenced amendments in accordance with the provisions of 52 Pa. Code § 59.33. Based upon this review, we find that each Department of Transportation amendment to be in the public interest and adopt them as our own. The effective date of our adoption of the aforementioned amendments shall be the date upon which this order is entered. Therefore,
It Is Ordered That:
1. The following amendments adopted by the U.S. Department of Transportation are hereby ratified and adopted in accordance with the provisions of 52 Pa. Code § 59.33(b):
(a) Federal Register, Vol. 69, No. 79, page 21975, Amendment 192-91 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192;
(b) Federal Register, Vol. 69, No. 113, pages 32886--32898, Amendment 191-16, 192-94, and 199-20 were adopted and codified by the Federal Department of Transportation at 49 CFR §§ 191, 192, 199;
(c) Federal Register, Vol. 69, No. 174, pages 54591--54593, Amendment 192-94 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192;
(d) Federal Register, Vol. 69, No. 66, pages 18227--18242, Amendment 192-95 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192;
(e) Federal Register, Volume 69, No. 95, pages 27861--27863, Amendment 192-96 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192;
(f) Federal Register, Vol. 69, No. 173, pages 54248--54249, Amendment 192-96 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192;
(g) Federal Register, Vol. 69, No. 123, pages 36024--36029, Amendment 192-97 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192;
(h) Federal Register, Vol. 69, No. 153, pages 48400--48407, Amendment 192-98 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 192;
(i) Federal Register, Vol. 69, No. 47, pages 11330--11337, Amendment 193-18 was adopted and codified by the Federal Department of Transportation at 49 CFR §§ 193.
2. The Secretary shall serve copies of this order upon all jurisdictional gas utilities. Accordingly, the effective date shall be the entry date of this order. Concurrently, the Secretary shall cause this order, without attachments, to be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-479. Filed for public inspection March 11, 2005, 9:00 a.m.]
