[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Proposed Rules]
[Pages 54328-54329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26050]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 195
[Docket No. PS-121; Amdt. 195-51B]
RIN 2137-AB 46
Pressure Testing Older Hazardous Liquid and Carbon Dioxide
Pipelines
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking; Extension of time for
compliance.
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SUMMARY: This document proposes to extend the time for compliance with
the requirements to plan and schedule pressure testing of older
hazardous liquid and carbon dioxide pipelines. Plans are now required
by December 7, 1995. This extension of time for compliance is in
response to a petition from the American Petroleum Institute (API) to
apply a risk-based alternative to the required pressure testing of
older pipelines. The extension of time will allow RSPA time to consider
the petition.
DATES: The deadline that establishes regulations for planning and
scheduling pressure testing is proposed to be extended to December 7,
1996. All other deadlines remain intact. Comments on this notice of
proposed rulemaking (NPRM) must be received on or before November 22,
1995.
ADDRESSES: Written comments must be submitted in duplicate and mailed
or hand-delivered to the Dockets Unit, room 8421, U.S. Department of
Transportation, Research and Special Programs Administration, 400
Seventh Street, SW., Washington, DC 20590. Identify the docket and
notice numbers stated in the heading of this notice. All comments and
materials cited in this document will be available for inspection and
copying in room 8421 between 8:30 a.m. and 4:30 p.m. each business day.
Non-federal employee visitors are admitted to the DOT headquarters
building through the southwest quadrant at Seventh and E Streets.
FOR FURTHER INFORMATION CONTACT: Mike Israni, (202) 366-4571, 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: In a petition dated June 23, 1995, API
submitted a risk-based alternative to the pressure testing rule and
requested that RSPA delay implementation of the rule until the API
proposal has been given full consideration. A copy of the API proposal
is available in the docket. API urged that the rule on pressure testing
older hazardous liquid and carbon dioxide pipelines presents an
opportunity to apply a risk-based approach to pressure testing, and
proposed a risk-based alternative to the final rule issued on June 7,
1994. API argued that its proposal would allow operators to focus
resources and effect a greater reduction in the overall risk from
pipeline accidents. API has requested a high priority be placed on
reviewing their proposal because of the compliance dates for the
pressure testing rule. In addition, RSPA has received a few phone calls
and requests of waiver of compliance with the June 7, 1994 final rule.
Because RSPA has been working actively with the pipeline industry
to develop a risk management framework for pipeline regulations, RSPA
wants to evaluate the API proposal carefully. RSPA realizes that
substantial planning is required before pressure testing older
pipelines. Operators will need time to prepare pipeline systems for
testing and to arrange for personnel and equipment to conduct the
tests. System changes and actual testing must be coordinated with
operations to minimize the impact on refineries, distributors, and
users of the transported products. Also, operators need time to assure
that testing is done safely, with the least environmental risk, and in
accordance with applicable Federal and State regulations.
Thus, RSPA is proposing to extend the time for compliance to allow
evaluation of the API petition. Although the comment period on this
proposed extension is limited to thirty days, RSPA recognizes that a
final rule cannot be published well in advance of the current
compliance date of December 7, 1995. Thus, in order to prevent imposing
an undue burden on operators of pipelines which would have to prepare
the plans anyway because of late issuance of the final rule, RSPA
announces that it will not enforce the December 7, 1995, compliance
date prior to a final rule on this notice. RSPA is issuing this NPRM
with less than 60 days notice because of the limited time available
between this date and December 7, 1995.
Impact Assessment
This notice proposes to extend the time for compliance of the final
rule establishing regulations for pressure testing older hazardous
liquid and carbon dioxide pipelines published on June 7, 1994, for one
year, so there is no additional cost to comply with these rules. This
proposed rule is considered to be non-significant under Executive Order
12286, and DOT Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979). This extension does not warrant preparation of a
Regulatory Evaluation. Also, based on the facts available concerning
the impact of this proposed 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. This action has been
analyzed under the criteria of Executive Order 12612 (52 FR 41685) and
found not to warrant preparation of a Federalism Assessment.
[[Page 54329]]
List of Subjects in 49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety,
Reporting and recordkeeping requirements.
In consideration of the foregoing, RSPA proposes to amend part 195
of title 49 of the Code of Federal Regulations as follows:
PART 195--[AMENDED]
1. The authority citation for part 195 continues to read as
follows:
Authority: 49 U.S.C. 60102, 60104, 60108, 60109; and 49 CFR
1.53.
2. Section 195.302 (c)(1) is revised to read as follows:
Sec. 195.302 General requirements.
* * * * *
(c) Except for onshore pipelines that transport HVL, the following
compliance deadlines apply to pipelines under paragraphs (b)(1) and
(b)(2)(i) of this section that have not been pressure tested under this
subpart:
(1) Before December 7, 1996, for each pipeline each operator
shall--
(i) Plan and schedule testing according to this paragraph; or
(ii) Establish the pipeline's maximum operating pressure under
Sec. 195.406(a)(5).
* * * * *
Issued in Washington, D.C. on October 17, 1995.
Richard B. Felder,
Associate Administrator for Pipeline Safety.
[FR Doc. 95-26050 Filed 10-20-95; 8:45 am]
BILLING CODE 4910-60-P