[Federal Register: November 5, 2003 (Volume 68, Number 214)]
[Proposed Rules]
[Page 62555-62557]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no03-29]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 192 and 195
[Docket No. RSPA-98-4868; Notice 2]
Notice of Public Meeting and Request for Comments
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of public meeting and request for comments.
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SUMMARY: This notice announces a public meeting and an opportunity to
submit written comments on the safety regulation of gas and hazardous
liquid gathering lines. Congress has directed RSPA to define
``gathering line'' for gas and hazardous liquid pipeline transportation
and, if appropriate, define as ``regulated gathering line'' those rural
gathering lines that, because of specific physical characteristics,
should be regulated. The gas pipeline regulations do not clearly
distinguish gathering lines from production facilities and transmission
lines. This lack of clarity has caused many disputes between government
and industry over whether the regulations cover particular pipelines.
The current definition of hazardous liquid gathering has worked well.
We will consider all public comments in developing future proposals on
gathering lines.
DATES: The public meeting will occur Wednesday, November 19, 2003, from
1 pm to 5 pm, and Thursday, November 20, 2003, from 8 am to 5 pm.
ADDRESSES: The meeting will take place at the Omni Austin Hotel, 700
San Jacinto Blvd, Austin, Texas 78701 (phone: 512-476-3700). If you
want to make an oral presentation, please notify Janice Morgan by
November 14, 2003, by phone (202-366-2392 ) or by e-mail (janice.morgan@rspa.dot.gov), and state the approximate length of your
presentation. In addition, you may submit written comments to the
docket by December 19, 2003. Late filed comments will be considered as
far as practicable. You may submit written comments by mail or delivery
to the Dockets Facility, U.S. Department of Transportation, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. It is open
from 10 am to 5 pm, Monday through Friday, except Federal holidays. All
written comments should identify the docket and notice numbers stated
in the heading of this notice. Anyone wanting confirmation of mailed
comments must include a self-addressed stamped postcard. You may also
submit written comments to the docket electronically by logging onto
the following Web address: http://dms.dot.gov. Click on ``Comment/
Submissions'' to begin.
Privacy Act Information. Anyone can search the electronic form of
all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
General Information. You may contact the Dockets Facility by phone
at (202) 366-9329 for copies of this notice or other material in the
docket. All materials in this docket may be found electronically at
http://dms.dot.gov/search. Once you reach this address, type in the
last four digits of the docket number shown in the heading of this
notice, and click on ``search.'' You will then be connected to all
relevant information. General information about RSPA's programs may be
obtained at this address: http://rspa.dot.gov.
FOR FURTHER INFORMATION CONTACT: DeWitt Burdeaux by phone at 405-954-7220 or by e-mail at dewitt_burdeaux@tsi.jccbi.gov regarding the
subject matter of this notice.
SUPPLEMENTARY INFORMATION:
Background
Gas Gathering Line Definition. RSPA's gas pipeline safety
regulations in 49 CFR part 192 apply to pipelines used in the
gathering, transmission, or distribution of gas, except gathering
[[Page 62556]]
lines in rural locations and certain offshore pipelines (Sec. 192.1).
As defined in Sec. 192.3, ``gathering line'' means ``a pipeline that
transports gas from a current production facility to a transmission
line or main.'' Although Part 192 does not define ``production
facility,'' it does define ``transmission line'' and ``main.'' However,
under Sec. 192.3, the definition of ``transmission line'' refers to a
pipeline ``other than a gathering line.'' Also, the definition of
``main'' refers to a ``distribution line,'' which means a ``pipeline
other than a gathering or transmission line.''
The absence of a production facility definition and the circular
logic of the definitions of gathering line, transmission line, and
distribution line have made it difficult to determine the beginning and
end of gathering lines covered by part 192. It is also difficult to
determine which pipelines are exempt from part 192 as rural gathering
lines. Inspectors from RSPA's five regional offices have often
disagreed with pipeline operators across the nation over whether
pipelines are gathering or transmission lines. In 1986, RSPA asked the
National Association of Pipeline Safety Representatives (NAPSR), an
association of state pipeline safety officials, for comments on the
gathering line problem. Responses from NAPSR members showed that in the
30 states where gathering lines exist, there are at least 2,800
gathering operators and 111,000 miles of gathering lines (as
interpreted by the states). NAPSR members from five states, with about
54 percent of gathering-line operators and 75 percent of the mileage,
said they had disagreements with operators over classifying rural
pipelines as gathering lines or transmission lines. Members from three
of these States said the disagreements were too numerous to list. One
NAPSR member recalled many disagreements with two major gas gathering
and transmission pipeline operators over where a gathering line ends.
Another NAPSR member related continuing disagreements over the
classification of various segments of pipeline operated by one of the
largest gas gathering line operators in the United States.
The difficulty of identifying gas gathering lines not only affects
government enforcement of the Part 192 safety standards, but it also
affects other program areas. RSPA annually collects user fees from gas
pipeline operators to recoup regulatory program costs. However, by law,
these fees are only assessable for costs related to transmission lines.
In addition, the Pipeline Safety Improvement Act of 2002 (Pub. L. 107-
355; Dec. 17, 2002) requires operators to provide to RSPA, certain
geospatial data and other information for use in the National Pipeline
Mapping System. However, gathering and distribution lines are
specifically excluded from this requirement.
Seeking to resolve the gas gathering line interpretive problem,
RSPA proposed to amend the Part 192 gathering line definition (Docket
PS-122; 56 FR 48505; Sept. 25, 1991).\1\ However, because the public
response was generally unfavorable; with industry commenters disputing
the significance of the problem and alleging wholesale reclassification
of lines, RSPA delayed final action pending the collection and
consideration of further information. Meanwhile, Congress amended the
pipeline safety law, directing RSPA to define the term ``gathering
line'' for both gas and hazardous liquid pipelines, and define as
``regulated gathering line'' those rural gathering lines that, because
of specific physical characteristics, should be regulated.\2\ In
furtherance of the proceeding begun in 1991 and the Congressional
directive, RSPA opened an internet discussion of the gathering line
issue, which focused on a definition offered by Gas Processors
Association (Docket No. RSPA-98-4868; 64 FR 12147; Mar. 11, 1999). The
discussion, which involved 100 participants, included a comprehensive
treatment by the American Petroleum Institute for a coalition of trade
associations.\3\ However, RSPA and NAPSR were concerned that the
coalition's suggested gathering line definition was based on certain
``furthermost downstream'' points that are subject to change. As a
stopgap, while continuing to decide on a suitable alternative to the
1991 gathering line proposal, RSPA published an advisory bulletin
interpreting the end of gas gathering based on court precedent and
[[Page 62557]]
historical interpretation (ADB-02-06; 67 FR 64447; Oct. 18, 2002).\4\
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\1\ The proposal was: ``Gathering line'' means, except as
provided in paragraph (4), any pipeline or part of a connected
series of pipelines used to transport gas from a well or the first
production facility where gas is separated from produced
hydrocarbons, whichever is farther downstream, to an applicable
endpoint described in paragraph (1), (2), or (3) below:
(1) The inlet of the first natural gas processing plant used to
remove liquified petroleum gases or other natural gas liquids.
(2) If there is no natural gas processing plant, the point where
custody of the gas is transferred to others who transport it by
pipeline to:
(i) a distribution center;
(ii) a gas storage facility; or
(iii) an industrial consumer.
(3) If there is no natural gas processing plant or point where
custody of the gas is so transferred, the last point downstream
where gas produced in the same production field or two adjacent
production fields is commingled.
(4) A gathering line does not include any part of a pipeline
that transports gas downstream--
(i) from the end points in (1), (2), or (3) in this Section;
(ii) from a production facility, if no end point exists; or
(iii) in any interstate transmission facility subject to the
jurisdiction of the Federal Energy Regulatory Commission under the
Natural Gas Act (15 U.S.C. 717 et seq.).
\2\ The specific provisions are in 49 U.S.C. 60101(b):
Gathering Lines.--(1)(A) Not later than October 24, 1994, the
Secretary shall prescribe standards defining the term ``gathering
line''. (B) In defining ``gathering line'' for gas, the Secretary--
(i) shall consider functional and operational characteristics of the
lines to be included in the definition; and (ii) is not bound by a
classification the Commission establishes under the Natural Gas Act
(15 U.S.C. 717 et seq.). (2)(A) Not later than October 24, 1995, the
Secretary, if appropriate, shall prescribe standards defining the
term ``regulated gathering line''. In defining the term, the
Secretary shall consider factors such as location, length of line
from the well site, operating pressure, throughput, and the
composition of the transported gas or hazardous liquid, as
appropriate, in deciding on the types of lines that functionally are
gathering but should be regulated under this chapter because of
specific physical characteristics. (B)(i) The Secretary also shall
consider diameter when defining ``regulated gathering line'' for
hazardous liquid. (ii) The definition of ``regulated gathering
line'' for hazardous liquid may not include a crude oil gathering
line that has a nominal diameter of not more than 6 inches, is
operated at low pressure, and is located in a rural area that is not
unusually sensitive to environmental damage.
\3\ The coalition suggested the following definition of
``gathering line'':
(a) means any pipeline or part of a connected series of
pipelines used to
(1) transport gas from the furthermost downstream point in a
production operation to the furthermost downstream of the following
endpoints, with possible intermediate deliveries to other production
operations, pipeline facilities, farm taps, or residential/
commercial/industrial end users:
(A) the inlet of the furthermost downstream natural gas
processing plant, other than a natural gas processing plant located
on a transmission line,
(B) the outlet of the furthermost downstream gathering line gas
treatment facility,
(C) the furthermost downstream point where gas produced in the
same production field or separate production fields is commingled,
(D) the outlet of the furthermost downstream compressor station
used to lower gathering line operating pressure to facilitate
deliveries into the pipeline from production operations or to
increase gathering line pressure for delivery to another pipeline,
or
(E) the connection to another pipeline downstream of:
(i) the furthermost downstream endpoint identified in (A), (B),
(C) or (D), or (in the absence of such endpoint)
(ii) the furthermost downstream production operation; or
(2) transport gas from a point other than in a production
operation exclusively to points in or adjacent to one or more
production operations or gathering facility sites for use as fuel,
gas lift, or gas injection gas within those operations; and
(b) does not include a natural gas processing plant.
\4\ ADB-02-6:
To: Owners and Operators of Natural Gas Pipeline Facilities.
Subject: Standards for classifying natural gas gathering lines.
Purpose: To inform operators of the standards OPS currently uses
to classify natural gas gathering lines.
Advisory: Standards for classification of natural gas gathering
lines.
Until OPS completes its rulemaking to better define natural gas
gathering lines (Docket No. RSPA-98-4868), OPS will continue to
classify lines according to the four-point standard established
through court precedent and historical interpretation. OPS will also
continue to classify lines that pose unique difficulties of
classification on a case-by-case basis. In brief, in the most common
situation, gathering begins at or near the well head. In most cases,
the gathering process terminates at the outlet of a processing
plant. A processing plant is defined by the extraction of heavy ends
from the natural gas. If there is no upstream processing plant, the
gathering process terminates at the outlet of a pipeline compressor.
For the purposes of determining the termination point of the gas
gathering process, OPS does not consider a well head compressor
(field compressor) to be a pipeline compressor. If there is no
processing plant or pipeline compressor, the point at which the
gathering process ends is where two or more well pipleines converge.
If none of these points applies, the gas gathering termination point
is where there is a change in ownership of the pipeline. These
points are determined on a case-by-case basis considering the
location of the pipeline in relation to population density, major
traffic areas, and environmentally sensitive areas. To summarize,
OPS considers the termination of gas gathering to be:
(1) The outlet of a processing plant that extracts heavy ends
from the natural gas;
(2) The outlet of a pipeline compressor (not including a well
head compressor);
(3) The point where two or more well pipelines converge; or
(4) The point where there is a change in ownership of the
pipeline.
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Hazardous Liquid Gathering Line Definition. RSPA's hazardous liquid
pipeline safety regulations in 49 CFR part 195 apply to the
transportation by pipeline of hazardous liquid (petroleum, petroleum
products, and anhydrous ammonia) and carbon dioxide (in a supercritical
state), except gathering lines in rural areas and certain other
pipelines (Sec. 195.1). The term ``gathering line'' is defined in
Sec. 195.2 as ``a pipeline 219.1 mm (8\5/8\ in) or less nominal
outside diameter that transports petroleum from a production
facility.'' Section 195.2 also defines ``production facility'' and
``rural area'' without reference to the gathering line definition. RSPA
has had little difficulty applying these definitions to identify
gathering lines subject to Part 195 or those excluded from Part 195
because of location in rural areas.
Purpose of Meetings and Request for Comment
RSPA, working with NAPSR, is continuing to assess the acceptability
of the present definitions of gas and hazardous liquid gathering lines
and related definitions for purposes of determining the beginning and
end of gathering. We are particularly concerned about the impreciseness
of the gas definition. We are inviting new public input to this
process, which we hope will be informed by the history of previously
proposed definitions and their shortcomings.
We also are considering the need to establish safety regulations
for onshore gas and hazardous liquid gathering lines in rural areas.
While Congress initially exempted these lines from Federal regulation,
it has granted RSPA authority to regulate rural gathering lines whose
physical characteristics pose a special risk to the public. We are
interested in receiving ideas on what situations would make it
appropriate to regulate the safety of rural gathering lines, and what
those regulations should be. Potential commenters should keep in mind
that the pipeline industry's consensus standards in ASME B31.4 and ASME
B31.8 apply to rural gathering lines.
As stated in more detail above, we invite interested persons to
attend the public meetings and present oral or written statements about
any of the topics discussed in this notice. Written statements not
presented at the meeting may be submitted to the docket. If necessary,
we may limit the time for oral presentations so that everyone who
requests an opportunity to speak may do so. Those who do not request
time for presentations may have an opportunity to speak as time allows.
We are especially interested in receiving comments on the
following:
1. The point where gas production ends and gas gathering begins.
2. The point where gas gathering ends and gas transmission or
distribution begins.
3. In defining ``regulated gathering line,'' whether we should
consider factors besides those that Congress specified (see footnote
2). For example, should we consider population density (by census or
house count), or for hazardous liquid lines, potential for
environmental damage.
4. Whether Part 195 should apply to rural gathering lines that
operate at more than 20 percent of specified minimum yield strength, or
that could adversely affect an ``unusually sensitive area'' as defined
in Sec. 195.6. (Note that certain crude oil gathering lines are, by
law, exempt from safety regulation (see footnote 2)).
5. If you recommend safety regulations for rural gas or hazardous
liquid gathering lines, to which rural lines would the regulations
apply and why, approximately how many miles would be covered by the
regulations, and what would be the estimated cost per mile of complying
with the regulations.
6. The approximate mileage of rural gathering lines not now covered
by Part 195.
7. Whether safety regulations for gas or hazardous liquid rural
gathering lines operating at low stress (e.g., 20 percent or less of
specified minimum yield strength) or a specified pressure for plastic
lines should be fewer and possibly less stringent than regulations for
other rural gathering lines.
There will be an open session for questions and answers before the
close of the meeting. Additional meetings are being planned, and dates
and places will be announced in future notices.
Authority: 49 U.S.C. Chapter 601 and 49 CFR 1.53.
Issued in Washington, DC, on October 30, 2003.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 03-27858 Filed 11-4-03; 8:45 am]
BILLING CODE 4910-60-P