[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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