(2) LNG facilities used in the course of natural gas treatment or hydrocarbon extraction which do not store LNG.
(3) In the case of a marine cargo transfer system and associated facilities, any matter other than siting pertaining to the system or facilities between the marine vessel and the last manifold (or in the absence of a manifold, the last valve) located immediately before a storage tank.
(4) Any LNG facility located in navigable waters (as defined in Section 3(8) of the Federal Power Act (
16 U.S.C. 796(8)).
[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57418, Aug. 28, 1980; Amdt. 193-10, 61 FR 18517, April 26, 1996]
193.2003 Semisolid facilities.
An LNG facility used in the transportation or storage of LNG in a semisolid state need not comply with any requirement of this part which the Director finds impractical or unnecessary because of the semisolid state of LNG. In making such a finding, the Director may impose appropriate alternative safety conditions.
193.2005 Applicability.
(a) New or amended standards in this part governing the siting, design, installation, or construction of an LNG facility and related personnel qualifications and training do not apply to:
(1) LNG facilities under construction before the date such standards are published; or
(2) LNG facilities for which an application for approval of the siting, construction, or operation was filed before March 1, 1978, with the Department of Energy (or any predecessor organization of that Department) or the appropriate State or local agency in the case of any facility not subject to the jurisdiction of the Department of Energy under the Natural Gas Act (not including any facility the construction of which began after November 29, 1979, not pursuant to such an approval).
(b) If an LNG facility listed in paragraph (a) of this section is replaced, relocated, or significantly altered after February 11, 1980, the replacement, relocated facility, or significantly altered facility must comply with the applicable requirements of this part governing siting, design, installation, and construction, except that:
(1) The siting requirements apply only to LNG storage tanks that are significantly altered by increasing the original storage capacity or relocated, not pursuant to an application for approval filed as provided by paragraph (a)(2) of this section before March 1, 1978; and
(2) To the extent compliance with the design, installation, and construction requirements would make the replaced, relocated, or altered facility incompatible with other facilities or would otherwise be impracticable, the replaced, relocated, or significantly altered facility may be designed, installed, or constructed in accordance with the original specifications for the facility, or in a manner that the Director finds acceptable.
(c) The siting, design, installation, and construction of an LNG facility under construction before February 11, 1980, or that is listed in paragraph (a)(2) of this section (except a facility under construction before July 1, 1976) must meet the applicable requirements of ANSI/NFPA 59A (1972 edition) and Part 192 of this chapter or the applicable requirements of this part, except that no Part 192 standard issued after March 1, 1978, applies to an LNG facility listed in paragraph (a)(2) of this section.
[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57418, Aug. 28, 1980; Amdt. 193-2, 45 FR 70404, Oct. 23, 1980; 58 FR 14522, March 18, 1993]
193.2007 Definitions.
As used in this part:
“Administrator" means the Administrator of the Research and Special Programs Administration or any person to whom authority in the matter concerned has been delegated by the Secretary of Transportation.
“Ambient vaporizer" means a vaporizer which derives heat from naturally occurring heat sources, such as the atmosphere, sea water, surface waters, or geothermal waters.
“Cargo transfer system" means a component, or system of components functioning as a unit, used exclusively for transferring hazardous fluids in bulk between a tank car, tank truck, or marine vessel and a storage tank.
“Component" means any part, or system of parts functioning as a unit, including, but not limited to, piping, processing equipment, containers, control devices, impounding systems, lighting, security devices, fire control equipment, and communication equipment, whose integrity or reliability is necessary to maintain safety in controlling, processing, or containing a hazardous fluid.
“Container" means a component other than piping that contains a hazardous fluid.
“Control system" means a component, or system of components functioning as a unit, including control valves and sensing, warning, relief, shutdown, and other control devices, which is activated either manually or automatically to establish or maintain the performance of another component.
“Controllable emergency" means an emergency where reasonable and prudent action can prevent harm to people or property.
“Design pressure" means the pressure used in the design of components for the purpose of determining the minimum permissible thickness or physical characteristics of its various parts. When applicable, static head shall be included in the design pressure to determine the thickness of any specific part.
“Determine" means make an appropriate investigation using scientific methods, reach a decision based on sound engineering judgment, and be able to demonstrate the basis of the decision.
“Dike" means the perimeter of an impounding space forming a barrier to prevent liquid from flowing in an unintended direction.
“Emergency" means a deviation from normal operation, a structural failure, or severe environmental conditions that probably would cause harm to people or property.
“Exclusion zone" means an area surrounding an LNG facility in which an operator or government agency legally controls all activities in accordance with §
193.2057 and §193.2059 for as long as the facility is in operation.
“Fail-safe" means a design feature which will maintain or result in a safe condition in the event of malfunction or failure of a power supply, component, or control device.
“g" means the standard acceleration of gravity of 9.806 meters per second2 (32.17 feet per second2).
“Gas," except when designated as inert, means natural gas, other flammable gas, or gas which is toxic or corrosive.
“Hazardous fluid" means gas or hazardous liquid.
“Hazardous liquid" means LNG or a liquid that is flammable or toxic.
“Heated vaporizer" means a vaporizer which derives heat from other than naturally occurring heat sources.
“Impounding space" means a volume of space formed by dikes and floors which is designed to confine a spill of hazardous liquid.
“Impounding system" includes an impounding space, including dikes and floors for conducting the flow of spilled hazardous liquids to an impounding space.
“Liquefied natural gas" or “LNG" means natural gas or synthetic gas having methane (CH4) as its major constituent which has been changed to a liquid or semisolid.
“LNG facility" means a pipeline facility that is used for liquefying or solidifying natural gas or synthetic gas or transferring, storing, or vaporizing liquefied natural gas.
“LNG plant" means an LNG facility or system of LNG facilities functioning as a unit.
“m3" means a volumetric unit which is one cubic metre, 6.2898 barrels, 35.3147 ft.3 , or 264.1720 U.S. gallons, each volume being considered as equal to the other.
“Maximum allowable working pressure" means the maximum gage pressure permissible at the top of the equipment, containers or pressure vessels while operating at design temperature.
“Normal operation" means functioning within ranges of pressure, temperature, flow, or other operating criteria required by this part.
“Operator" means a person who owns or operates an LNG facility.
“Person" means any individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof.
“Pipeline facility" means new and existing piping, rights-of-way, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation.
“Piping" means pipe, tubing, hoses, fittings, valves, pumps, connections, safety devices or related components for containing the flow of hazardous fluids.
“Storage tank" means a container for storing a hazardous fluid, including an underground cavern.
“Transfer piping" means a system of permanent and temporary piping used for transferring hazardous fluids between any of the following: Liquefaction process facilities, storage tanks, vaporizers, compressors, cargo transfer systems, and facilities other than pipeline facilities.
“Transfer system" includes transfer piping and cargo transfer system.
“Vaporization" means an addition of thermal energy changing a liquid or semisolid to a vapor or gaseous state.
“Vaporizer" means a heat transfer facility designed to introduce thermal energy in a controlled manner for changing a liquid or semisolid to a vapor or gaseous state.
“Waterfront LNG plant" means an LNG plant with docks, wharves, piers, or other structures in, on, or immediately adjacent to the navigable waters of the United States or Puerto Rico and any shore area immediately adjacent to those waters to which vessels may be secured and at which LNG cargo operations may be conducted.
[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57418, Aug. 28, 1980; Amdt. 193-2, 45 FR 70404, Oct. 23, 1980; Amdt. 193-10, 61 FR 18517, April 26, 1996]
193.2009 Rules of regulatory construction.
(a) As used in this part:
(1) “Includes" means including but not limited to;
(2) “May" means is permitted to or is authorized to;
(3) “May not" means is not permitted to or is not authorized to; and
(4) “Shall" or “must" is used in the mandatory and imperative sense.
(b) In this part:
(1) Words importing the singular include the plural; and
(2) Words importing the plural include the singular.
193.2011 Reporting.
Leaks and spills of LNG must be reported in accordance with the requirements of Part 191 of this chapter.
193.2013 Incorporation by reference.
(a) There are incorporated by reference in this part all materials referred to in this part that are not set forth in full. The incorporated materials are deemed published under
5 U.S.C. 552(a) and
1 CFR Part 51 and are part of this regulation as though set forth in full. All incorporated materials are listed in Appendix A to this Part 193 with the applicable editions in parentheses following the title of the referenced material. Only the latest listed edition applies, except that an earlier listed edition may be followed with respect to components which are designed, manufactured, or installed in accordance with the earlier edition before the latest edition is adopted, unless otherwise provided in this part. The incorporated materials are subject to change, but any change will be announced by publication in the Federal Register before it becomes effective.
(b) All incorporated materials are available for inspection in the Research and Special Programs Administration, 400 Seventh Street, SW., Washington, DC, and at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC. These materials have been approved for incorporation by reference by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and
1 CFR part 51. In addition, the incorporated materials are available from the respective organizations listed in appendix A to this part.
(c) Incorporated by reference provisions approved by the Director of the Federal Register.
[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-2, 45 FR 70410, Oct. 23, 1980; 50 FR 45732, Nov. 1, 1985; 58 FR 14522, March 18, 1993]
193.2015 [Reserved]
[59 FR 17281, April 12, 1994]
193.2017 Plans and procedures.
(a) Each operator shall maintain at each LNG plant the plans and procedures required for that plant by this part. The plans and procedures must be available upon request for review and inspection by the Administrator or any State Agency that has submitted a current certification or agreement with respect to the plant under the pipeline safety laws (
49 U.S.C. 60101 et seq.). In addition, each change to the plans or procedures must be available at the LNG plant for review and inspection within 20 days after the change is made.
(b) The Administrator or the State Agency that has submitted a current certification under section 5(a) of the Natural Gas Pipeline Safety Act with respect to the pipeline facility governed by an operator's plans and procedures may, after notice and opportunity for hearing as provided in
49 CFR 190.237 or the relevant State procedures, require the operator to amend its plans and procedures as necessary to provide a reasonable level of safety.
[Amdt. 193-2, 45 FR 70404, Oct. 23, 1980; Amdt. 193-7, 56 FR 31090, July 9, 1991; Amdt. 193-10, 61 FR 18517, April 26, 1996]
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.
[Amdt. 193-14, 62 FR 41312, Aug. 1, 1997; 62 FR 48952, Sept. 18, 1997]
RESEARCH AND SPECIAL PROGRAMS
ADMINISTRATION, DOT
SUBPART B -- SITING REQUIREMENTS
193.2051 Scope.
