[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Rules and Regulations]
[Pages 54591-54592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27740]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 195
[Docket No. PS-121; Amdt. 195-58]
RIN 2137-AD 05
Pressure Testing Older Hazardous Liquid and Carbon Dioxide
Pipelines
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Direct final rule; extension of time for compliance.
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SUMMARY: This direct final rule extends the time for compliance with
the requirements for pressure testing of older hazardous liquid and
carbon dioxide pipelines. Plans for testing, or establish maximum
operating pressure, which were to be completed by December 7, 1997,
would now be required by December 7, 1998. The dates for actual
completion of the testing, previously December 7, 1999, and December 7,
2002, are also extended by one year. RSPA is extending these compliance
dates to allow time to complete a rulemaking based on the American
Petroleum Institute's (API) petition for a risk-based alternative to
the required pressure testing rule. In a separate notice, RSPA intends
to issue a proposed rule for a risk-based alternative to the existing
pressure testing rule.
DATES: Effective date: This direct final rule takes effect January 20,
1998. If RSPA does not receive any adverse comment or notice of intent
to file an adverse comment by December 22, 1997, the rule will become
effective on the date specified. RSPA will issue a subsequent document
in the Federal Register by January 5, 1998, to confirm that fact and
reiterate the effective date. If an adverse comment or notice of intent
to file an adverse comment is received, RSPA will issue a timely notice
in the Federal Register to confirm that fact and RSPA would withdraw
the direct final rule in whole or in part. RSPA may then incorporate
the adverse comment into a subsequent direct final rule or may publish
a notice of proposed rulemaking.
Compliance dates: The deadline that establishes regulations for
planning and scheduling pressure testing is to be extended to December
7, 1998. All other deadlines are extended by a year.
ADDRESSES: Written comments must be submitted in duplicate and mailed
to the Docket Facility, U.S. Department of Transportation, Plaza 401,
400 Seventh Street SW., Washington, DC 20590-0001. Comments should
identify the docket number and the RSPA rulemaking number. All comments
received before December 22, 1997, will be considered before final
action is taken. Late-filed comments will be considered so far as
practicable. All comments and other docketed material will be available
for inspection and copying in room 401 Plaza between the hours of 10
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mike Israni, (202) 366-4571, e-mail:
mike.israni@rspa.dot.gov, regarding the subject matter of this
document, or the Dockets Unit (202) 366-9329, for copies of this
document or other information in the docket.
SUPPLEMENTARY INFORMATION:
API Proposal
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 was given full
consideration. A copy of the API proposal is available in the docket.
API argued 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 (59 FR 29379).
RSPA has been working with the pipeline industry to develop a risk
management framework for pipeline regulation and decided to carefully
evaluate the API proposal. Because substantial planning is required
before pressure testing older pipelines, an extension of time for
compliance was needed to avoid unnecessary costs in planning.
RSPA decided to initiate rulemaking on the API proposal. A notice
of proposed rulemaking on risk-based alternative to pressure testing of
older hazardous liquid and carbon dioxide pipelines is being published
separately.
RSPA published a Final Rule (Docket PS-121; 61 FR 43026; August 20,
1996) extending the compliance deadline to plan and schedule pressure
testing or establish maximum operating pressure to December 7, 1997.
The dates for actual completion of testing were extended by one year.
To determine merits of the API proposal, RSPA held a public meeting
on March 25, 1996. On May 8 and November 6, 1996, and again on May 7,
1997, RSPA briefed the Technical Hazardous Liquid Pipeline Safety
[[Page 54592]]
Committee (THLPSSC) on the API proposal and changes proposed by RSPA.
RSPA also discussed those changes at the API conference on March 13,
1997, in Dallas, Texas.
RSPA received several comments from the industry during these
meetings that all the compliance deadlines for the current pressure
test rule should be extended. Industry argued that they were not sure
what changes RSPA might suggest in the risk-based alternative
rulemaking, so they could not plan in advance.
RSPA agrees with the comments about the need for extension of the
comment period while rulemaking on the risk-based alternative is
conducted. These new compliance dates are as follows:
--Before December 7, 1998, plan and schedule testing; or establish the
pipeline's maximum operating pressure under Sec. 195.406(a)(5).
--Before December 7, 2000, pressure test each pipeline containing more
than 50 percent by mileage of electric resistance welded pipe
manufactured before 1970; and at least 50 percent of the mileage of all
other pipelines; and
--Before December 7, 2003, pressure test the remainder of the pipeline
mileage.
Regulatory Analyses and Notices
Executive Order 12866 and DOT Policies and Procedures
The Office of Management and Budget (OMB) does not consider this
final rule to be a significant regulatory action under section 3(f) of
Executive Order 12866. Therefore, OMB did not review the direct final
rule under that order. Also, DOT does not consider the direct final
rule to be significant under its regulatory policies and procedures (44
FR 11034, February 26, 1979). This extension of compliance dates does
not warrant preparation of a Regulatory Evaluation.
Executive Order 12612
We analyzed the final rule under the principles and criteria in
Executive Order 12612 (``Federalism''). The final rule does not have
sufficient federalism impacts to warrant preparation of a federalism
assessment.
Regulatory Flexibility Act
I certify, under section 605 of the Regulatory Flexibility Act,
that this final rule will not have a significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $100
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
List of Subjects in 49 CFR Part 195
Carbon dioxide, Petroleum, Pipeline safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, RSPA amends 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, paragraphs (c)(1), introductory text, and
(c)(2)(i), introductory text, and (c)(2)(ii) are revised to read as
follows:
Sec. 195.302 General requirements.
* * * * *
(c) * * *
(1) Before December 7, 1998, for each pipeline each operator
shall--
* * * * *
(2) * * *
(i) Before December 7, 2000, pressure test--
* * * * *
(ii) Before December 7, 2003, pressure test the remainder of the
pipeline mileage.
* * * * *
Issued in Washington, DC, on October 15, 1997.
Kelley S. Coyner,
Acting Administrator.
[FR Doc. 97-27740 Filed 10-20-97; 8:45 am]
BILLING CODE 4910-60-P
