Pipeline Safety: Reminder of Requirements for Utility LP-Gas and LPG Pipeline Systems, 42889-42890 [2013-17229]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations
§ 532.2
Scope and applicability.
FOR FURTHER INFORMATION CONTACT:
This part exempts NVOCCs duly
licensed pursuant to 46 CFR 515.3 or
registered pursuant to 46 CFR 515.19,
holding adequate proof of financial
responsibility pursuant to 46 CFR
515.21, and meeting the requirements of
46 CFR 532.4 through 532.7, from the
following requirements and prohibitions
of the Shipping Act and the
Commission’s regulations:
*
*
*
*
*
(g) * * * Any NVOCC failing to
maintain its bond or license or
registration as set forth above, or who
has had its tariff suspended by the
Commission, shall not be eligible to
invoke this exemption.
■ 10. In § 532.7, revise paragraph (b) to
read as follows.
§ 532.7
Recordkeeping and audit.
*
*
*
*
*
(b) NRAs are subject to inspection and
reproduction requests by the
Commission. An NVOCC shall produce
the requested NRAs promptly in
response to a Commission request. All
records produced must be in English or
be accompanied by a certified English
translation.
*
*
*
*
*
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2013–17191 Filed 7–17–13; 8:45 am]
BILLING CODE 6730–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 192
[Docket No. PHMSA–2013–0097]
Pipeline Safety: Reminder of
Requirements for Utility LP-Gas and
LPG Pipeline Systems
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Issuance of Advisory Bulletin.
AGENCY:
PHMSA is issuing an
Advisory Bulletin to remind owners and
operators of liquefied petroleum gas
(LPG) and utility liquefied petroleum
gas (utility LP-Gas) plants that although
they must follow the American National
Standards Institute/National Fire
Protection Association (ANSI/NFPA)
standards 58 or 59, they must also
follow certain sections and
requirements of Part 192.
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:33 Jul 17, 2013
Jkt 229001
Todd DelVecchio by phone at 727–213–
1575 or by email at
todd.delvecchio@dot.gov, or Mike Israni
at 202–366–4571 or by email at
mike.israni@dot.gov. Information about
PHMSA may be found at https://
phmsa.dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
49 CFR 192.11 requires that each
plant that supplies petroleum gas by
pipeline to a natural gas distribution
system must meet the requirements of
Part 192 and ANSI/NFPA 58 and 59
(2004) (192.11(a)). It also states that each
pipeline system subject to Part 192 that
transports only petroleum gas or
petroleum gas/air mixtures must meet
the requirements of Part 192 and of
ANSI/NFPA 58 and 59 (192.11(b)).
Finally, the regulation lays out a
primacy provision stating that in the
event of a conflict between the
regulation and the standard, ANSI/
NFPA 58 and 59 prevail (192.11(c)).
However, this primacy provision does
not excuse operators from following Part
192 requirements. For instance, when
ANSI/NFPA 58 or 59 (2004) does not
address a specific subject, then no
conflict has occurred and the operator
must follow Part 192 requirements.
At the time the primacy provision was
added to the regulations in 1996, the
standards took advantage of more
current petroleum gas transportation
technology and safety practices. In a
July 22, 2009, (74 FR 36139) Notice of
Proposed Rulemaking (NPRM), PHMSA
proposed changing this primacy
provision. PHMSA proposed changing
this provision because the new NFPA
standards issued in 2008 had many
conflicts with Part 192 and PHMSA had
noticed that operators were
misinterpreting § 192.11(c). In response
to the NPRM, commenters objected to
the change suggesting it would result in
unanticipated safety consequences.
PHMSA did not take any action at the
final rule stage, but in the future,
PHMSA may undertake a rulemaking to
address this issue. This Advisory
Bulletin serves to remind owners and
operators of petroleum gas systems that
they must continue to comply with
certain requirements of Part 192.
II. Advisory Bulletin (ADB–2013–03)
To: Owners and operators of LPG and
utility LP-gas plants.
Subject: Applicability of Part 192 to
owners and operators of LPG and utility
LP-gas plants.
Advisory: When ANSI/NFPA 58 or 59
(2004) does not address a specific
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
42889
subject, then a conflict has not occurred
and the operator must follow Part 192
requirements. Part 192 covers areas that
are not addressed in ANSI/NFPA 58 or
59 (2004). These areas include:
• Inspection requirements for
distribution mains (§§ 192.305 and
192.307).
• Backfill requirements for installing
pipe in a ditch (§ 192.319).
• Underground pipe clearance
requirements (§ 192.325).
• Valve requirements for service lines
(§§ 192.363 and 192.365).
• Continuing surveillance (§ 192.613).
• Public awareness (except for small
LP-gas systems) (§ 192.614).
• Operator qualification (except for
small utility LP-Gas systems) (Subpart
N).
• Distribution Pipeline Integrity
Management (Subpart P).
While not intended to be an
exhaustive list, the following table
highlights various requirements of Part
192 that are not addressed by ANSI/
NFPA 58 and 59 (2004). Because ANSI/
NFPA 58 and 59 (2004) do not have
specific language on these topics, there
is no conflict, and therefore Part 192
applies in these areas.
Section
Title
Subpart G—General Construction
Requirements for Transmission Lines and
Mains
192.305
192.307
192.319
192.323
192.325
....
....
....
....
....
Inspection: General.
Inspection of materials.
Installation of pipe in a ditch.
Casing.
Underground clearance.
Subpart H—Customer Meters, Service
Regulators, and Service Lines
192.363 ....
192.365 ....
Service lines: Valve requirements.
Service lines: Location of valves.
Subpart L—Operations
192.613
192.614
192.615
192.616
....
....
....
....
Continuing Surveillance.
Damage Prevention Program.
Emergency Plans.
Public Awareness.
Subpart N—Qualification of Pipeline
Personnel
This Part 192 subpart would apply in its entirety; NFPA 58 does not address any requirements of this subpart.
Subpart P—Distribution Pipeline Integrity
Management (IM)
This Part 192 subpart would apply in its entirety; NFPA 58 does not address any requirements of this subpart.
E:\FR\FM\18JYR1.SGM
18JYR1
42890
Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations
Issued in Washington, DC, on July 11,
2013.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2013–17229 Filed 7–17–13; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 121129661–3591–03]
RIN 0648–BC81
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery
and Northeast Multispecies Fishery;
Framework Adjustment 24 and
Framework Adjustment 49; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correcting amendment.
AGENCY:
This action contains
corrections and clarifications to the final
rule implemented through Joint
Framework Adjustment 24 to the
Scallop Fishery Management Plan and
Framework Adjustment 49 to the
Northeast Multispecies Fishery
Management Plan (Joint Framework 24/
49), which published in the Federal
Register on May 9, 2013. Following
publication, NMFS identified certain
provisions of the implementing
regulations for Joint Framework 24/49
that needed correcting or clarification.
Specifically, this correcting amendment
makes corrections pertaining to the
scallop fishery’s default 2014 fishing
year days-at-sea allocation for full-time
vessels so that the allocation in the
regulations is as intended by Joint
Framework 24/49 (i.e., currently this
allocation is greater than specified
through the preambles to the proposed
and final rules). In addition, this
amendment makes corrections to the
observer call-in requirements for scallop
limited access general category
individual fishing quota vessels when
fishing in open areas so that vessel
owners and operators are clear on when
they are required to call into the
industry-funded observer program.
DATES: Effective July 18, 2013.
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
978–281–9244; fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:50 Jul 17, 2013
Jkt 229001
Background
On May 9, 2013, the final rule for
Joint Framework 24/49 published in the
Federal Register (78 FR 27088). The
primary purpose of Joint Framework 24/
49, developed by the New England
Fishery Management Council (Council),
was to set specifications for the scallop
fishery, including days-at-sea (DAS),
individual fishing quota (IFQ), and sea
scallop access area trip allocations for
fishing year (FY) 2013 and FY 2014
(default allocations). This action also
made other adjustments to the Scallop
FMP, including revisions to the
industry-funded observer program for
limited access general category (LAGC)
IFQ vessels. This action was a joint
framework with the Northeast
Multispecies Fishery Management Plan
(FMP) (i.e., Framework 49) because it
adjusted the Georges Bank scallop
access area seasonal closure schedules,
which changed exemptions to areas
closed to fishing specified in the
Northeast Multispecies FMP.
Need for Correction
After publication of the final rule
implementing Joint Framework 24/49,
NMFS identified certain provisions that
needed correcting or clarification. This
rule makes these corrections and
clarifications.
Correction
This action revises the table at
§ 648.53(b)(4) to correctly reference the
FY 2014 DAS allocation for full-time
vessels. Although the preambles in both
the proposed and final rules correctly
state the FY 2014 DAS allocations
outlined in Joint Framework 24/49, the
table in the final rule inadvertently
included a higher full-time vessel DAS
allocation for FY 2014 (i.e., 26 DAS
instead of 23 DAS).
This action also revises the regulatory
text at § 648.11(g) and the definition for
scallop open areas at § 648.2 to clarify
the industry-funded observer program
call-in requirements for scallop LAGC
IFQ vessels when fishing in open areas.
Joint Framework 24/49 broadened the
industry-funded observer program to
include LAGC IFQ open area trips
(previously, the program only applied to
access area trips for this portion of the
scallop industry). However, Joint
Framework 24/49 inadvertently
implemented ambiguous regulatory
language that did not fully clarify that
this broadening of the industry-funded
observer program did not include
vessels fishing in the Northern Gulf of
Maine (NGOM) management area (i.e.,
the NGOM should not be considered
part of scallop open areas). The Council
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
designated the NGOM as a distinct
management area through Amendment
11 to the Scallop FMP (73 FR 20090;
April 14, 2008). Very few IFQ vessels
fish in the NGOM management area, but
when they do, they must fish under the
regulations set for NGOM-permitted
vessels. NGOM-permitted vessels are
not part of the industry-funded observer
program and NMFS covers the costs for
these observed trips. This action
clarifies the intent of both Joint
Framework 24/49 and Amendment 11
by stating that the NGOM is not part of
the scallop open areas, and, as such,
that LAGC IFQ vessels fishing in the
NGOM are not subject to the call-in
requirements for the industry-funded
observer program.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive prior
notice and opportunity for public
comment for this action because any
delay of this action would be
unnecessary and contrary to the public
interest. This correcting amendment
includes revisions that reflect the
measures detailed in the preamble of the
proposed rule for Joint Framework 24/
49, for which the opportunity for public
comment was already given. The
revision to the full-time vessel DAS
allocation table, while it reduces the
DAS, was correctly described in the
preamble to the proposed and final rule.
The revision is therefore one that could
have been anticipated. Such a reduction
is needed in order to ensure that the
DAS allocations specified at the start of
FY 2014 will not be set at a level that
could result in overharvest of the
scallop resource. The Council is
currently developing the formal FY
2014 specifications through Framework
25, which, if approved, would be
implemented by May 2014 (i.e., 2
months after the start of FY 2014). The
default FY 2014 specifications set
through Joint Framework 24/49 are
intended to allow for open area fishing
at the start of FY 2014, but not at a level
that would exceed the final Framework
25 allocations. No public comments
were received on the FY 2014 DAS
default allocations. The clarification of
changes to the industry-funded call-in
requirements make only minor, nonsubstantive changes in order to clarify
the regulations. No public comments
were received regarding the inclusion of
LAGC IFQ open area trips as part of the
industry-funded observer program.
Delay in implementing the clarification
to the industry-funded call-in
requirements is contrary to the public
interest because LAGC IFQ vessel
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Rules and Regulations]
[Pages 42889-42890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17229]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2013-0097]
Pipeline Safety: Reminder of Requirements for Utility LP-Gas and
LPG Pipeline Systems
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Issuance of Advisory Bulletin.
-----------------------------------------------------------------------
SUMMARY: PHMSA is issuing an Advisory Bulletin to remind owners and
operators of liquefied petroleum gas (LPG) and utility liquefied
petroleum gas (utility LP-Gas) plants that although they must follow
the American National Standards Institute/National Fire Protection
Association (ANSI/NFPA) standards 58 or 59, they must also follow
certain sections and requirements of Part 192.
FOR FURTHER INFORMATION CONTACT: Todd DelVecchio by phone at 727-213-
1575 or by email at todd.delvecchio@dot.gov, or Mike Israni at 202-366-
4571 or by email at mike.israni@dot.gov. Information about PHMSA may be
found at https://phmsa.dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
49 CFR 192.11 requires that each plant that supplies petroleum gas
by pipeline to a natural gas distribution system must meet the
requirements of Part 192 and ANSI/NFPA 58 and 59 (2004) (192.11(a)). It
also states that each pipeline system subject to Part 192 that
transports only petroleum gas or petroleum gas/air mixtures must meet
the requirements of Part 192 and of ANSI/NFPA 58 and 59 (192.11(b)).
Finally, the regulation lays out a primacy provision stating that in
the event of a conflict between the regulation and the standard, ANSI/
NFPA 58 and 59 prevail (192.11(c)). However, this primacy provision
does not excuse operators from following Part 192 requirements. For
instance, when ANSI/NFPA 58 or 59 (2004) does not address a specific
subject, then no conflict has occurred and the operator must follow
Part 192 requirements.
At the time the primacy provision was added to the regulations in
1996, the standards took advantage of more current petroleum gas
transportation technology and safety practices. In a July 22, 2009, (74
FR 36139) Notice of Proposed Rulemaking (NPRM), PHMSA proposed changing
this primacy provision. PHMSA proposed changing this provision because
the new NFPA standards issued in 2008 had many conflicts with Part 192
and PHMSA had noticed that operators were misinterpreting Sec.
192.11(c). In response to the NPRM, commenters objected to the change
suggesting it would result in unanticipated safety consequences. PHMSA
did not take any action at the final rule stage, but in the future,
PHMSA may undertake a rulemaking to address this issue. This Advisory
Bulletin serves to remind owners and operators of petroleum gas systems
that they must continue to comply with certain requirements of Part
192.
II. Advisory Bulletin (ADB-2013-03)
To: Owners and operators of LPG and utility LP-gas plants.
Subject: Applicability of Part 192 to owners and operators of LPG
and utility LP-gas plants.
Advisory: When ANSI/NFPA 58 or 59 (2004) does not address a
specific subject, then a conflict has not occurred and the operator
must follow Part 192 requirements. Part 192 covers areas that are not
addressed in ANSI/NFPA 58 or 59 (2004). These areas include:
Inspection requirements for distribution mains (Sec. Sec.
192.305 and 192.307).
Backfill requirements for installing pipe in a ditch
(Sec. 192.319).
Underground pipe clearance requirements (Sec. 192.325).
Valve requirements for service lines (Sec. Sec. 192.363
and 192.365).
Continuing surveillance (Sec. 192.613).
Public awareness (except for small LP-gas systems) (Sec.
192.614).
Operator qualification (except for small utility LP-Gas
systems) (Subpart N).
Distribution Pipeline Integrity Management (Subpart P).
While not intended to be an exhaustive list, the following table
highlights various requirements of Part 192 that are not addressed by
ANSI/NFPA 58 and 59 (2004). Because ANSI/NFPA 58 and 59 (2004) do not
have specific language on these topics, there is no conflict, and
therefore Part 192 applies in these areas.
------------------------------------------------------------------------
Section Title
------------------------------------------------------------------------
Subpart G--General Construction Requirements for Transmission Lines and
Mains
------------------------------------------------------------------------
192.305........................... Inspection: General.
192.307........................... Inspection of materials.
192.319........................... Installation of pipe in a ditch.
192.323........................... Casing.
192.325........................... Underground clearance.
------------------------------------------------------------------------
Subpart H--Customer Meters, Service Regulators, and Service Lines
------------------------------------------------------------------------
192.363........................... Service lines: Valve requirements.
192.365........................... Service lines: Location of valves.
------------------------------------------------------------------------
Subpart L--Operations
------------------------------------------------------------------------
192.613........................... Continuing Surveillance.
192.614........................... Damage Prevention Program.
192.615........................... Emergency Plans.
192.616........................... Public Awareness.
------------------------------------------------------------------------
Subpart N--Qualification of Pipeline Personnel
------------------------------------------------------------------------
This Part 192 subpart would apply in its entirety; NFPA 58 does not
address any requirements of this subpart.
------------------------------------------------------------------------
Subpart P--Distribution Pipeline Integrity Management (IM)
------------------------------------------------------------------------
This Part 192 subpart would apply in its entirety; NFPA 58 does not
address any requirements of this subpart.
------------------------------------------------------------------------
[[Page 42890]]
Issued in Washington, DC, on July 11, 2013.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2013-17229 Filed 7-17-13; 8:45 am]
BILLING CODE 4910-60-P
