[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Rules and Regulations]
[Pages 7133-7134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2955]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 192
[Docket No. PS-126; Notice 3]
RIN 2137-AB71
Passage of Instrumented Internal Inspection Devices; Limited
Suspension of Compliance Dates
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Limited Suspension of Enforcement for compliance with final
rule.
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SUMMARY: By final rule published April 12, 1994, RSPA required that new
and replaced pipeline facilities be constructed to accommodate
inspection by instrumented internal inspection devices commonly known
as ``smart pigs.'' Two petitioners requested reconsideration of that
rule as it applies to gas pipelines and a stay of the compliance date.
In response to these petitions, RSPA issued a Notice of Proposed
Rulemaking (NPRM) proposing to modify the rule and extend the
compliance dates with respect to certain gas transmission lines.
Because of the need to evaluate the numerous comments to proposals in
the NPRM, RSPA is unable to complete rulemaking action on that notice
by the proposed compliance date with respect to gas transmission lines
in less populated areas. This document announces a suspension of
enforcement for compliance with the final rule requirements for certain
gas transmission lines.
EFFECTIVE DATE: January 30, 1995.
FOR FURTHER INFORMATION CONTACT: Albert C. Garnett, (202) 366-2036,
Office of Pipeline Safety, regarding the subject matter of this notice,
or Dockets Unit, (202) 366-5046 for copies of this notice or other
materials in the docket.
SUPPLEMENTARY INFORMATION: On April 12, 1994, RSPA published a Final
Rule ``Passage of Internal Inspection Devices'' (59 FR 17275) that
required certain new and existing pipelines on which replacements are
made to accommodate the passage of smart pigs. On May 4, 1994, the
Interstate Natural Gas Association of America (INGAA) filed a ``Request
for a Stay of the Effective Date [May 12, 1994] of the Final Rule;
Passage of Instrumented Internal Inspection Devices.'' Also, on May 10,
1994, INGAA filed a ``Petition of Reconsideration of the Final Rule;
Passage of Instrumented Internal Inspection Devices.'' Additionally, on
May 10, 1994, the American Gas Association (AGA) filed a ``Request for
Administrative Stay of the May 12, 1994 effective date and Petition for
Reconsideration of RSPA's Final Rule on Passage of Instrumented
Internal Inspection Devices.''
On May 12, 1994, RSPA advised INGAA, AGA and the American Petroleum
Institute that, until further notice, it would not enforce the
requirement that gas and liquid operators remove all obstructions in
the ``line section'' that prevent the passage of smart pigs whenever,
the line pipe, valve, fitting or other line component is replaced.
However, RSPA stated that the suspension did not effect the
requirement, effective on May 12, 1994, that operators design and
construct certain new onshore and offshore pipelines or the actual line
pipe, valve, fitting or other component replaced to accommodate smart
pigs.
On September 30, 1994, RSPA published an NPRM (Notice 2) ``Passage
of Instrumented Internal Inspection Devices'' (59 FR 49896) that
responded to the requests and petitions from the two gas pipeline
associations. In Notice 2, RSPA: (1) Stated that its May 12, 1994,
suspension (above) of enforcement with respect to hazardous liquid and
carbon dioxide pipelines was lifted effective September 30, 1994, and
[[Page 7134]] compliance would be enforced; (2) proposed exceptions to
the line section modification requirement with respect to certain gas
transmission lines in Class 1 and 2 locations; (3) proposed exceptions
with respect to all but certain new offshore gas transmission lines;
and (4) proposed that an operator replacing line pipe, valve, fitting,
or other line component in a gas transmission line in a Class 1 or 2
location would not need to comply with the requirement to modify the
line section until February 2, 1995.
There has been extensive comment as well as a formal recommendation
by the Technical Pipeline Safety Standards Committee to reconsider the
proposals in Notice 2 (above). However, commenters did not object to
delaying enforcement of the requirement to modify line sections in gas
transmission lines; instead several commenters urged continuation of
the stay of enforcement until after completion of the rulemaking
proceedings. Thus, in order to evaluate fully these comments, RSPA has
decided to continue a limited stay of enforcement for compliance with
the final rule with respect to modification of line sections in onshore
gas transmission lines; and with respect to new and existing offshore
gas transmission lines. This suspension of enforcement will remain in
effect until RSPA completes the evaluation of the comments to Notice 2
and sets out the determination with respect to those comments and
establishes new compliance dates in a subsequent rulemaking.
Pipeline operators are cautioned that the requirements of the April
12, 1994, final rule for design and construction to accommodate the
passage of smart pigs will be enforced for: Hazardous liquid and carbon
dioxide pipelines; new onshore gas transmission lines; and the actual
replaced line pipe, valve, fitting, or other line component in onshore
gas transmission lines.
(49 U.S.C. 60102 et seq.; 49 CFR 1.53)
Issued in Washington, DC on January 30, 1995.
George W. Tenley, Jr.,
Associate Administrator for Pipeline Safety.
[FR Doc. 95-2955 Filed 2-6-95; 8:45 am]
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